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14 - June 28, 2022 County Council Agenda Packagedwr'�u k e� k�a CW 9ass4�i TABLE OF CONTENTS Orders -Tuesday, June 28, 2022.............................................................. 2 Elgin County Council Minutes - June 14, 2022............................................. 3 Delegation - Hemson.............................................................................. 13 ReportsIndex........................................................................................ 151 Report - Terrace Lodge Redevelopment - 2022 Mid -Year Update ..................... 152 Report - Terrace Lodge Redevelopment Fundraising Committee Appointment... 159 Report -HR Policy: 10.50 Mileage............................................................. 162 Report - HR Policy: 2.20 Dress Code.......................................................... 166 Report - Consultant Agreement- Long -Term Care Transition Coordinator — Single Source Procurement.................................................................................... 171 Report - Homes - Long -Term Care Homes Quality Improvement Plan (QIP) - 2022 -2023 Submission to Health Quality Ontario .......................................... 179 Report - 2022 Borrowing By-Law............................................................... 183 Report - 2022-2025 Economic Development and Tourism Strategy.............................................................................................................. 186 Report -Elgin County Affordable Housing Summary ...................................... 201 Report -Council Chamber Renovations and September Meeting Date(s)....................................................................................................................... 232 Report - Traffic Signal Modernization - Contract Award.................................................................................................. 234 Report - Request to fill in the Bennett Municipal Drain - Pioneer Line, Village of Dutton.................................................................................................. 276 Report - Request to Extend Reduced Speed Zone - Village of Springfield.......... 282 Report - Draft Plan Approval, Plan of Subdivision, Part of Lot 123, Concession North of the Talbot Road, Geographic Township of Bayham, County of Elgin Applicant: CJDL Engineering Ltd. Owner: 1985763 Ontario Ltd. File No.: 34T- BY2101................................................................................................ 287 Report - Elgin (County)/ Execulink Telecom Inc. -Telecommunications Equipment Consent and Road User Agreement ............................................ 308 Correspondence - Items for Information...................................................... 329 Correspondence -Municipal Engineers Association ...................................... 330 Correspondence - Southwestern Public Health ............................................. 332 Closed Session Agenda- June 28, 2022..................................................... 334 By -Law 22-29 - Borrowing By- Law.................................................................................................... 335 By -Law 22-30 - Land Division Secretary..................................................... 337 1 dwr'u k rk�a CW 9ass4i ORDERS OF THE DAY For Tuesday, June 28, 2022, 9:00 A.M. 1st Meeting Called to Order 2°d Adoption of Minutes — June 14, 2022 31d Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations Delegation: 9:00a.m. — Stefan Krzeczunowicz, Hemson — Population, Housing and Employment Forecasts and Associated Land Needs Analysis 5th Motion to Move Into "Committee of the Whole Council" 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1. Items for Consideration 2. Items for Information (Consent Agenda) 8th Other Business 1. Statements/Inquiries by Members 2. Notice of Motion 3. Matters of Urgency 9th Closed Meeting Items 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee of the Whole 13th Consideration of By -Laws 14th Adjournment VIRTUAL MEETING: IN -PERSON PARTICIPATION RESTRICTED NOTE FOR MEMBERSOF THE PUBLIC: Please click the link belowto watch the Council Meeting: Accessible formats available upon request. i 441 tt • I,F °•.whr Vrr (u. idrM ELGIN COUNTY COUNCIL MINUTES June 14, 2022 Page 1 June 14, 2022 Elgin County Council met this 14th day of June 2022 at the Elgin County Administration Building. The meeting was held in a hybrid in-person/electronic format with Councillors and staff participating as indicated below. Council Present: Warden Mary French (Council Chambers) Deputy Warden Tom Marks (Council Chambers) Councillor Duncan McPhail (Council Chambers) Councillor Bob Purcell (Council Chambers) Councillor Grant Jones (Council Chambers) Councillor Sally Martyn (Council Chambers) Councillor Dave Mennill (Council Chambers) Councillor Dominique Giguere (Council Chambers) Councillor Ed Ketchabaw (Council Chambers) Staff Present: Julie Gonyou, Chief Administrative Officer (Council Chambers) Brian Lima, General Manager of Engineering, Planning & Enterprise/Deputy CAO (Council Chambers) Michele Harris, Director of Homes and Seniors Services (Council Chambers) Stephen Gibson, County Solicitor (Council Chambers) Katherine Thompson, Manager of Administrative Services/Deputy Clerk (Council Chambers) Mike Hoogstra, Purchasing Coordinator (Virtual) Delany Leitch, Legislative Services Coordinator (Council Chambers) CALL TO ORDER The meeting convened at 9:00 a.m. with Warden French in the chair. ADOPTION OF MINUTES Moved by: Councillor Mennill Seconded by: Deputy Warden Marks RESOLVED THAT the minutes of the meeting held on May 24, 2022 be adopted. Motion Carried. DISCLOSURE OF PECUNIARY INTERESTAND THE GENERAL NATURE THEREOF None. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. COMMITTEE OF THE WHOLE Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT we do now move into Committee of the Whole Council. Motion Carried. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden's Activity Report (May) and COVID-19 Update —Warden French Page 2 June 14, 2022 Warden French presented the report providing a high-level summary of the County's response to the pandemic as well as a list of events and meetings attended and organized on behalf of County Council. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw RESOLVED THAT the report titled "Warden's Activity Report (May) and COVID-19 Update" dated June 6, 2022 from Warden French be received and filed. Motion Carried. 6.2 Procurement Activity Report (January 1, 2022 to March 31, 2022) — Purchasing Coordinator The Purchasing Coordinator presented the report detailing the exercises of delegated authority for contract awards that exceeded $15,000, including amendments and renewals, between January 1, 2022 and March 31, 2022. Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT the report titled "Procurement Activity Report (January 1, 2022 to March 31,2022)" dated May 31, 2022 from Purchasing Coordinator be received and filed. Motion Carried. 6.3 Elgin / 1342961 Ontario Inc — Approval of Commercial Lease — Elgin County Administration Building (Suite 313 / Storage Room 34) — County Solicitor The County Solicitor presented the report informing Council that consensus has been reached with 1342961 Ontario Inc. as to the terms and conditions of a new two-year commercial lease for Suite 313 and Storage Room 34 within the Elgin County Administration Building and seeking approval for preparation and execution of a formal Lease Agreement to give effect to such terms and conditions Moved by: Councillor Martyn Seconded by: Councillor Giguere RESOLVED THAT the Report to Council, dated May 30, 2022, and entitled "Elgin / 1342961 Ontario Inc.— Approval of Commercial Lease — Elgin County Administration Building (Suite 313 / Storage Room 34)" be received and filed; and THAT retroactive to May 1, 2022, Elgin County Council approve a new commercial Lease Agreement between 1342961 Ontario Inc. and Elgin County in relation to Suite 313 and Storage Room 34 at 450 Sunset Drive, St. Thomas, Ontario, such Lease Agreement to provide for, amongst other terms, a two-year Term commencing May 1, 2022 and annual rents of $43,866.00 and $44,755.20, respectively, for the included lease years; and THAT Elgin County Council authorize the Warden and Chief Administrative Officer to execute the said Lease Agreement on behalf of the Corporation of the County of Elgin. Motion Carried. 6.4 Elgin / Alzheimer Society Southwest Partners —Approval of Commercial Lease — Elgin County Administration Building (Suites 229, 232, and 237-1 / Storage Room 344) — County Solicitor The County Solicitor presented the report informing Council that consensus has been reached with Alzheimer Society Southwest Partners as to the terms and conditions of a new commercial lease for Suites 229, 232, and 237-1 as well as 4 Page 3 June 14, 2022 Storage Room 344 within the Elgin County Administration Building and seeking approval for preparation and authorization for execution of a formal Lease Agreement to give effect to such terms and conditions. Moved by: Councillor Purcell Seconded by: Deputy Warden Marks RESOLVED THAT the report to Council, dated May 30, 2022, and entitled "Elgin / Alzheimer Society Southwest Partners —Approval of Commercial Lease— Elgin County Administration Building (Suites 229, 232, and 237-1 / Storage Room 344)" be received and filed; and THAT retroactive to May 1, 2022, Elgin County Council approve a new commercial Lease Agreement between Alzheimer Society Southwest Partners and Elgin County in relation to Suites 229, 232, and 237-1 as well as Storage Room 344 at 450 Sunset Drive, St. Thomas, Ontario, such as Lease Agreement to provide for, amongst other terms, a one-year Term commencing May 1, 2022, with a further one-year renewal at the option of the Tenant and generating annual rents of $21,613.70 and $22,467.06, respectively, for the included lease years; and THAT Elgin County Council authorize the Warden and Chief Administrative Officer to execute the said Lease Agreement on behalf of the Corporation of the County of Elgin. Motion Carried. 6.5 Welcome Home Video Campaian — Interim Manaaer of Economic Development & Tourism Moved by: Councillor Ketchabaw Seconded by: Councillor McPhail RESOLVED THAT the report titled "Welcome Home Video Campaign" dated June 6, 2022 from the Interim Manager of Economic Development & Tourism be deferred to the June 28, 2022 Council meeting. 6.6 Transportation Master Plan —Road Rationalization —General Manager of Engineering, Planning & Enterprise (EPE) / Deputy CAO The General Manager of Engineering, Planning, and Enterprise / Deputy CAO presented the report outlining draft recommendations for road and bridge rationalization and seeking Council endorsement in principle to implement transfers and direct staff to meet with local senior staff to review the transfers and develop an asset transfer protocol. Moved by: Councillor Mennill Seconded by: Councillor Ketchabaw RESOLVED THAT staff be directed to immediately advance the County Road Rationalization Study and meet with Local Municipal Partner staff and Mayors to discuss written feedback provided by Local Municipal Partners, examine draft Road Rationalization Study recommendations as prepared by IBI Group, and discuss jurisdictional impacts and concerns; and THAT feedback received from Local Municipal Partners be used to inform an Implementation Action Plan and / or Asset Transfer Protocol for consideration by the Elgin County Budget Committee and Elgin County Council in 2022. Motion Carried. 6.7 2022 Warden's Charity Golf Tournament— Chief Administrative Officer The Chief Administrative Officer presented the report considering Councillor Mennill's request to hold a Charity Golf Tournament in 2022. 5 Page 4 June 14, 2022 Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT the report titled "2022 Warden's Charity Golf Tournament' from the Chief Administrative Officer, dated June 1, 2022 be received and filed. Motion Carried. 6.8 County of Elgin Cyber Incident — Chief Administrative Officer The Chief Administrative Officer presented the report summarizing the County of Elgin Cyber Incident and lessons learned from the situation. Moved by: Councillor Ketchabaw Seconded by: Councillor Giguere RESOLVED THAT the report titled "County of Elgin Cyber Incident" dated June 2022 from the Chief Administrative Officer be received and filed for information. Motion Carried. 6.9 Fixing Long -Term Care Act, 2021 Phase 1 Regulations — Chief Administrative Officer The Chief Administrative Officer presented the report providing County Council with an overview of the new Fixing Long -Term Care Act, 2021 (Act) and Phase 1 of the Regulations under the Act and highlighting a new screening requirement under the Act and Regulation for Councillors, related to Vulnerable Sector Check and offence declarations. Moved by: Deputy Warden Marks Seconded by: Councillor Martyn RESOLVED THAT the report titled "Fixing Long -Term Care Act, 2021 Phase 1 Regulations" dated June 1, 2022 from the Chief Administrative Officer and Director of Homes and Seniors Services be received and filed. Motion Carried. 6.10 2022 Council Action Plan & Staff Operational Plan — Chief Administrative Officer The Chief Administrative Officer presented the report outlining the County's 2022 Council Action Plan and Staff Operational Plan. Moved by: Councillor Jones Seconded by: Councillor Ketchabaw RESOLVED THAT the 2022 Council Action Plan & Staff Operational Plan be approved. Motion Carried. 6.11 Integrity Commissioner/Closed Meeting Investigator/Ombudsman Services — Chief Administrative Officer The Chief Administrative Officer presented the report recommending that the County issue ajoint Request for Proposal with interested Local Municipal Partners to secure a new service provider to fulfill the role of Integrity Commissioner, Closed Meeting Investigator, and Municipal Ombudsman in light of the notice of contract termination provided by the current contractor, Independent Resolutions, Inc. Moved by: Councillor Ketchabaw Seconded by: Councillor Jones 9 Page 5 June 14, 2022 RESOLVED THAT the report titled "Integrity Commissioner/Closed Meeting Investigator/Ombudsman Services" dated June 3, 2022, submitted by the Chief Administrative Officer, be received and filed; and THAT staff be directed to draft a Request for Proposal for Integrity Commissioner, Closed Meeting Investigator and Municipal Ombudsman to be issued jointly on behalf of Elgin County and any interested local municipal partners. Motion Carried. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Letter from Dutton & District Lions Non -Profit Housing Inc. requesting the County of Elgin examine safety issues at the drainage ditch in front of the Caledonia TWO Seniors Apartment Building, 29475 Pioneer Line, Dutton ON. Moved by: Councillor Purcell Seconded by: Deputy Warden Marks RESOLVED THAT staff be directed to complete a review of the drainage ditch in front of29745 Pioneer Line, Dutton, specifically as it pertains to the installation of a drainage pipe and safety concern. Motion Carried. 7.1.2 Resolution from the Town of Aylmer regarding joining the CEMC and Fire Training Program administered by the County of Elgin. Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw RESOLVED THAT a proposed Agreement regarding County -delivered CEMC, or Community Emergency Management Coordination, and fire training program be drafted and sent to the Town of Aylmer. Motion Carried. 7.1.3 Resolution from the Town of Aylmer regarding Respecting Payments in Lieu (PIL) Calculations. Moved by: Councillor McPhail Seconded by: Deputy Warden Marks RESOLVED THAT the correspondence dated June 2 ,2022 from the Town of Aylmer regarding Payments in Lieu be received and filed. Motion Carried. 7.1.4 Resolution from the Township of Malahide requesting that Elgin County Council conduct speed and traffic counts on Ron McNeil Line at the west village limit in support of extending the 50km/hr speed limit westerly beyond the built-up residential area. Moved by: Councillor Mennill Seconded by: Councillor Giguere RESOLVED THAT staff be directed to conduct a review of speed and traffic counts on Ron McNeil Line at the west village limit in support of extending the 50km/hr speed limit westerly beyond the built-up residential area. Motion Carried. Page 6 June 14, 2022 7.1.5 Resolution from the Township of Malahide with respect to the Notice of Decision received from the County of Elgin for the Malahide Official Plan Amendment No. 20. Moved by: Councillor Gigubre Seconded by: Councillor Jones RESOLVED THAT the correspondence dated June 6, 2022 from the Township of Malahide be received and filed. Motion Carried. 7.2 Items for Information 7.2.1 Letter from Bonnie Rowe, Chair of Elder Abuse Elgin, with a letter and supporting materials introducing "Future Us: A Pan -Canadian Roadmap to the Prevention of Elder Abuse", a national engagement strategy led by the Canadian Network for the Prevention of Elder Abuse. 7.2.2 Letter from Marcus Ryan, Vice Chair and Jim Collard, Secretary -Treasurer of Community Schools Alliance with a call for nominations to the Executive Committee of the Alliance for 2022. Moved by: Councillor Jones Seconded by: Councillor Purcell RESOLVED THAT Correspondence Items #7.2.1-7.2.2 be received and filed. - Motion Carried. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.2 Notice of Motion None. 8.3 Matters of Urgency 8.3.1 AMO Conference Delegations — Councillor Purcell requested that the Warden meet with the Minister of Long -Term Care regarding long-term care issues. Councillor Jones requested a delegation with the Minister of Health regarding rural physician recruitment. 8.3.2 Council expressed its congratulations to Elgin -Middlesex -London MPP-elect Rob Flack. The Warden will send correspondence on behalf of Council. 9. CLOSED MEETING ITEMS Moved by: Councillor Ketchabaw Seconded by: Councillor Mennill RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): In -Camera Item #1 (b) personal matters about an identifiable individual, including municipal board employees, (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Long - Term Care O Page 7 June 14, 2022 In -Camera Item #2 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Land Ambulance Services In -Camera Item #3 (k) a position, plan, procedure, criteria, or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipalityorlocal board — Financial Services In -Camera Item #4 (c) a proposed or pending acquisition or disposition of land by the municipality or local board— Land Acquisition In -Camera Item #5 (b) personal matters about an identifiable individual, including municipal orlocal board employees, (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality orlocal board —Contract Negotiations In -Camera Item #6 (b) personal matters about an identifiable individual, including municipal orlocal board employees, (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality orlocal board — Long -Term Care In -Camera Item #7 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations to be carried on by or on behalf of the municipality or local board — Legal Services In -Camera Item #8 (b) personal matters about an identifiable individual, including municipal orlocal board employees— Organizational Update In -Camera Item #9 (a) the security of the property of the municipality or local board; (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations to be carried on by or on behalf of the municipality or local board — Property Matter Motion Carried. 10. MOTION TO RISE AND REPORT Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT we do now rise and report. Motion Carried. In -Camera Item #1 — Long -Term Care Moved by: Councillor McPhail Seconded by: Deputy Warden Marks Page 8 June 14, 2022 RESOLVED THAT staff proceed as directed. - Motion Carried. In -Camera Item #2 — Land Ambulance Services Moved by: Councillor Martyn Seconded by: Councillor Giguere RESOLVED THAT staff proceed as directed. - Motion Carried. In -Camera Item #3 — Financial Services Moved by: Councillor Jones Seconded by: Councillor Ketchabaw RESOLVED THAT staff proceed as directed. - Motion Carried. In -Camera Item #4 — Land Acquisition Moved by: Councillor Martyn Seconded by: Councillor Purcell RESOLVED THAT staff proceed as directed. - Motion Carried. In -Camera Item #5 — Contract Negotiations Moved by: Councillor Jones Seconded by: Councillor Giguere RESOLVED THAT staff proceed as directed. - Motion Carried. In -Camera Item #6 — Lona-Term Care Moved by: Councillor Ketchabaw Seconded by: Councillor Mennill RESOLVED THAT staff proceed as directed. - Motion Carried. In -Camera Item #7 — Legal Services Moved by: Councillor Jones Seconded by: Deputy Warden Marks RESOLVED THAT staff proceed as directed. - Motion Carried. In -Camera Item #8 — Organizational Update Moved by: Councillor Purcell Seconded by: Councillor Mennill RESOLVED THAT staff proceed as directed. 11 Page 9 June 14, 2022 - Motion Carried. Stephen Gibson, County Solicitor/Deputy Clerk acted as Clerk for the following item: In -Camera Item #9 — Property Matter Moved by: Councillor Giguere Seconded by: Councillor Jones RESOLVED THAT the report from staff be received. - Motion Carried. 11. ADOPTION OF SPECIAL MEETING MINUTES Moved by: Councillor Ketchabaw Seconded by: Councillor Mennill RESOLVED THAT the minutes of the Special Meeting held on June 8, 2022 be adopted. - Motion Carried. 12. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Deputy Warden Marks Seconded by: Councillor Jones RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. - Motion Carried. 13. CONSIDERATION OF BY-LAWS 13.1 By -Law No. 22-26 — Fees and Charges BEING a By -Law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin and to Repeal By -Law No. 21-16. Moved by: Councillor Purcell Seconded by: Councillor Mennill RESOLVED THAT By -Law No. 22-26 be now read a first, second and third time and finally passed. - Motion Carried. 13.2 By -Law No. 22-27 — Confirming all Actions and Proceedings BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 14, 2022 Meeting. Moved by: Deputy Warden Marks Seconded by: Councillor Jones RESOLVED THAT By -Law No. 22-27 be now read a first, second and third time and finally passed. - Motion Carried. 14. ADJOURNMENT Moved by: Councillor McPhail Seconded by: Deputy Warden Marks Page 10 June 14, 2022 RESOLVED THAT we do now adjourn at 12:17pm to meet again on June 28, 2022 at 9:00 a.m. - Motion Carried. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. IN M Aw 7 M LA � TLEJ O s- I . _ -I-j � N •U O 0 O O � N � O co c, c6 3: . v O Co o `U N E 4� Q co �' CU co E w n o >O O 0 Q CD 4) > U w c6 O E Q to v � � s z C6 � -IJ co n- o ca O U Q . U Q 4� o O t' U O s- �A O O O O w LO 7 mlwm� �i C) c"I C. c"I C) c"I ME= CD C: - ) c"I CK) - C: ) c"I @BONN=[ C: c"I QCD C) C. c"I C) I -0 i C) c"I C\j C3 C\lj C. c"I II C. c"I C) c"I CL 0 CL Now= C) [ C5 C) ME= 4mj c"I CX) C) C) CU IMMEEM D C\lj rl- C. 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Introduction 6 A. Purpose and Context of Update 6 B. PPS Establishes Policy Framework 7 C. Forecasts Are Based Mainly on Census Data 10 D. Effects of COVID-19 10 2. Economic and Demographic Conditions in Elgin 13 A. Elgin Primed for Continued Population Growth 13 B. Conditions are Favourable for Sustained Employment Growth 23 3. Growth Outlook 30 A. County -Wide Population Forecasts 30 B. Allocation of Growth to Lower -Tier Municipalities 35 C. County -Wide Employment Forecasts 39 D. Allocation of Employment to Lower -Tiers 42 4. Land Needs Assessment 47 A. Land Needs Assessment (LNA) Methodology 47 B. Vacant Land Supply 52 C. Land Needs Assessment Results: Community Area 53 D. Land Needs Assessment Results: Employment Area 58 5. Conclusions 63 Appendix A 68 Appendix B 74 Appendix C 85 40 Executive Summary The County of Elgin, located in southwestern Ontario between the north shore of Lake Erie and Highway 401, is undertaking a formal comprehensive review to update its Official Plan. This report is a key background document to the review. It provides a long-range growth outlook for the County and its lower - tier municipalities and assesses urban land requirements to 2051. It also provides Official Plan policy recommendations to managing growth over the next 30 years consistent with the Provincial Policy Statement, 2020 (PPS). The report provides population, housing, and employment forecasts for the County of Elgin to 2051. The forecast results show that: ■ The County, which is in the midst of a population growth surge, is set to continue to grow rapidly over the next decade. Although slowing between 2031 and 2051 as the population ages, growth will remain steady until it reaches a permanent resident population of 67,140 and 23,140 jobs in 2051. A major driver of population growth will be in - migration from the London CMA and its environs by young families seeking affordable singled detached homes. ■ The rate of housing growth in the County will outpace the rate of population growth over the next 30 years. The current market preference for single detached homes will shift somewhat towards medium and higher density housing forms as the effect of market demand and PPS policies that encourage intensification, transit - supportive communities, and a more compact urban form take hold. • The County remains an attractive location for development in employment areas, particularly those that are located within Tier 1 fully serviced settlement areas with easy access to Highway 401, are close of existing labour pools and existing business clusters, and allow for a range and mix of business activities (in particular, the Executive Summary 1 1 41 assembly of large land parcels). The development of vacant employment lands in the Township of Southwold is critical in this respect. ■ Employment growth in the County will be steady over the period to 2051. Most employment growth will be associated with the development of designated employment areas. However, a significant portion of employment growth will occur in direct response to population growth and in rural settlements and rural areas. An assessment of the land required to accommodate the growth forecasts was undertaken. The assessment concludes that: • The overall community area (or residential) land supply of 668.2 developable hectares is sufficient to accommodate the forecast population growth at the County level to 2051. However, Aylmer requires an additional 21 hectares of designated growth area, equivalent to about 600 new homes, to accommodate its long-term population allocation. Options for dealing with this include: • increasing the required density for development in Alymer. In this respect, it is noted that the assumed densities in the land needs assessment are already higher than densities on recent developed lands; ■ reallocating housing growth away from Alymer to other Tier 1 settlement areas, recognizing that Alymer is the County's largest settlement area and has unique characteristics as a regional service centre that make it a particularly attractive location for housing growth and intensification; and/or ■ expanding the Aylmer settlement area boundary. This process requires more detailed analysis of the feasibility and most appropriate location for expansion, especially in the light of the Executive Summary 1 2 42 lack of rural area into which the Town could expand into, and must be undertaken in accordance with PPS policies 1.1.3.8 and/or 1.1.3.9. ■ The County's employment area land supply of 264.7 developable hectares is sufficient to accommodate the forecast employment growth, both County -wide and at the local level. The Township of Southwold has a significant supply of vacant employment land. Based on the growth forecasts and land needs analysis, the following recommendations for managing growth and directing land use to achieve an efficient use of land and settlement pattern are made: • The County Official Plan should be updated to reflect the population, household, and employment forecasts in this report, showing the forecasts to the years 2046 and 2051 by local municipality. • The County should evaluate its Tier 1 settlement areas to determine the extent to which a greater mix and range of uses and residential densities can be directed within these settlements, as required by the PPS. • The County should consider implementing a sub -tier of Tier 1 within the settlement area hierarchy to include settlement areas that could achieve the desired greater mix of densities anticipated by the PPS and outlined in this report which will allow growth and diversity, and increase people's ability to be able to live and work locally. • The County should encourage planning and growth management to be integrated with planning for school boards and other public amenities, especially for services that the County does not provide itself. Executive Summary 13 C191 ■ The County should refine its policies requiring local official plans to include policies for minimum intensification targets, to align with the targets outlined in Table 15 of this report, with consideration to provide higher targets for municipalities with a greater ability to support such intensification due to their size, population growth dynamics, and the amount of vacant or underutilized lands within the settlement area boundary. • The County should review its CIP programs and provide targeted funding to areas (e.g. priority CIP Areas) where existing vacant and underutilized lands are most prevalent. This can include programs such as those that waive development charges, or cover/reduce application fees for Planning Act a p p rova I s. • The County should encourage local municipalities to create minimum density requirements for intensification and redevelopment applications, in addition to minimum requirements for applications in designated growth areas (i.e. greenfield development). Additionally, the County should review the OP for other potentially restrictive policies that present an indirect barrier to infill development (such as misaligned parking requirements, restrictions on housing types within residential areas, and overly descriptive compatibility requirements regarding shadowing, setbacks, or lot coverage). • The County should update its second unit policies to reflect the current PPS. ■ The County should consider including policies within its tiered settlement area hierarchy to outline that the diversity of uses (residential, commercial, institutional, community, open space, etc.) that are planned or available, in addition to the level of hard infrastructure/physical services, as a way to distinguish between settlement areas. Executive Summary 1 4 ■ The County should encourage local municipalities to determine the feasibility and appropriate location of currently designated employment lands, as part of their respective official plan updates and secondary planning processes to meet the requirements of PPS Policy 1.3.2.2. • The County should consider including policies within the requirements for growth in designated growth areas that support the development of complete communities. • Tier 3 settlements should be recognized as prime locations for directing agricultural supportive and rural economic development land uses, such as agriculture- related commercial and industrial uses and agri-tourism or other value-added agricultural activities. Executive Summary 15 45 1. Introduction The County of Elgin, located in southwestern Ontario between the north shore of Lake Erie and Highway 401, is undertaking a formal comprehensive review to update its Official Plan. This report is a key background document to the review. It provides a long-range growth outlook for the County and its lower -tier municipalities and assesses urban land requirements to 2051. It also provides policy recommendations for managing growth over the next 30 years consistent with the Provincial Policy Statement 2020 (PPS). The forecasts and land needs assessment have been closely co-ordinated with lower -tier municipalities in the County. Background data and technical assumptions have been made available to lower -tier municipal planning staff for review and comment throughout. A. Purpose and Context of Update This report provides population, housing, and employment forecasts for the County over a 30 year planning horizon to 2051. The analysis draws on a range of publicly available economic and demographic data, municipal planning data and documents, Provincial population projections undertaken by the Ontario Ministry of Finance, real estate market information, and discussions with local municipal planning staff. A review of the long-term growth outlook is particularly important at this time in light of: ■ the Provincial Policy Statement 2020 (PPS), which extends the planning horizon for municipal land needs analysis from 20 to 25 years and provides more detailed policy direction related to housing options, transit -supportive development, employment land protection, and planning for climate change; I�I:M I�n(3 , e Introduction 16 ■ increased population growth that has occurred in Elgin since around the time of the 2016 Census; • the pattern of growth across the County. Although growth pressures are apparent throughout Elgin, the growing integration of the Municipality of Central Elgin housing market with that of the London Census Metropolitan Area (CMA) is fueling rapid growth in that municipality. This warrants a review of the residential and non- residential land supply there is sufficient land across the County to accommodate long-term growth; ■ the effects of the changing nature of the regional economy, and in particular the County's close economic relationship with the Cities of St. Thomas and London, and its role within the major international trade corridor along Highway 401; and • the short and long-term effects of the COVID-19 pandemic. B. PPS Establishes Policy Framework Under the PiahhingAct, the Elgin Official Plan is required to be consistent with the PPS. The analysis in this report is undertaken within the framework of PPS policies, particularly those in Section 1.0 Building Strong Communities. Among the many policies in this section are those that require that: ■ a coordinated, integrated and comprehensive approach be used when dealing with planning matters within municipalities, across lower, single and/or upper -tier municipal boundaries, and with other orders of government, agencies and boards including population, housing and employment projections, based on regional market areas (1.2.1 g)); :E:M:S::0DNJ Introduction 17 IE ON ■ sufficient land be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years, informed by provincial guidelines (1.1.2); ■ within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas (1.1.2). Policy 1.1.3 of the PPS addresses settlement areas, which are to be the focus of growth and development in municipalities. Settlement areas include urban areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets) that are either already built-up or include lands which have been designated in an official plan for development over the 25- year planning horizon provided for in Policy 1.1.2 (see above). PPS Policies 1.1.3.8 and 1.1.3.9 establish rules for expanding settlement area boundaries within and outside the context of a formal comprehensive review should additional lands be required to accommodate the long-term population, housing and employment projections. Map 1 identifies the "tiered" hierarchy of settlement and location of settlement areas in Elgin as set out in the County Official Plan. Finally, recent changes to the PPS require that planning for housing be done with reference to "market demand" (see Policies 1.1.1, 1.1.38, and 1.4.3). E:E:M:S::ON' 5tantec Introduction 18 C. Forecasts Are Based Mainly on Census Data The long-term growth outlook makes extensive use of population, housing, and employment data gathered by Statistics Canada every five years as part of the nation-wide Census. Although the date of the last Census was 11 May 2021, only a small portion of this Census data population and dwelling counts has been released at the time of this report. The information reveals the 2021 population of Elgin to be 94,752 and the total occupied households in the County to be 37,278. Further data from the 2021 Census, including detailed demographic and housing information as well as information on employment in Elgin, is planned to be released in stages through to the end of 2022. D. Effects of COVID-19 This report was prepared during the COVID-19 pandemic, at a time when much of Ontario appears to have existed the fourth wave of infection and most public health restrictions have been lifted. While unemployment remains higher than before the pandemic, total employment in Ontario returned to pre -pandemic levels in November 2021, with the rebound being much faster in the London Census Metropolitan Area (or CMA, which includes Central Elgin and Southwold). More rural, agricultural municipalities like Elgin have not been immune to the economic shock of COVID. However, growth in many rural municipalities, particularly those situated on the fringe of fast-growing metropolitan centres like the Counties of Brant, Oxford, Simcoe, Grey, and Bruce, have seen increased population growth though the pandemic period. Although the factors driving this growth vary somewhat by location, there are some common features: �[HEMSONeIntroduction 1 10 in 50 ■ The age structure of the population: the peak age of the Millennial generation just turned 31, the age at which many are forming households, having their first child, and purchasing their first home. This has led to a rise in the number of homebuyers. • Housing affordability, which is driving younger first-time homebuyers to seek housing outside major urban centres though still within a reasonable commuting distance of their place of work. • The movement of people willing/able to relocate from more densely populated areas on a temporary or permanent basis. In Elgin, there is evidence of second homes being increasingly converted to permanent use, particularly in shoreline communities. The effects of COVID-19, including the possibility of working remotely, is likely a more recent driver of this trend. • The influx of people willing/able to relocate from more densely populated areas on a temporary or permanent basis. Many in - migrants who fall into the latter category have moved to the County in response to longstanding housing affordability concerns. The possibility of working remotely is also likely a more recent driver of this in -migration. ■ The increased migration to exurban and rural communities from metropolitan centres, accelerated by the pandemic, of early retirees among a Baby Boom generation whose peak age is now 61. The long-term effects of COVID-19 are very uncertain. For Elgin: ■ more working at home could allow people to work in larger urban centres and live further from their place of work. It might also affect the tolerance for smaller living spaces that accompany denser development in cities like London, Woodstock, and in Kitchener - Waterloo. Alternatively, it is not at all certain that workers or firms are finding the mass work -from -home experiment attractive or productive. E:E::M:SNJ Stantec Introduction 1 11 51 ■ the demand for employment land, fueled by demand for goods coming out of the pandemic and weaknesses in global supply chains and Just- in -time delivery, has soared. This could increase the demand for storage, distribution, and logistics with good highway access to major urban centres. The announcement in 2021 of an Amazon fulfillment centre development in the Township of Southwold is evidence that Elgin could play a role in accommodating that demand.' However, observers remain at odds about how much of the current demand is long-term. For the purposes of the growth forecasts and land needs assessment in this report it is assumed that the rapid "return to normal" working environment continues and that the pandemic will not dramatically disrupt longstanding demographic and economic trends. These trends are discussed in more detail in the following sections. Consistent with the structure of the analysis, the remainder of this report is organized into four sections. The following section sets out the economic and demographic forces that will influence long-term growth in Elgin. Section 3 describes the growth outlook for the County, in particular the population, housing and employment forecast to 2051. The forecast of the amount, type and location of growth forms the basis of the analysis of the land supply in Section 4. Overall conclusions are made in Section 5. Detailed growth management policy recommendations for the County to consider are provided in Appendix C. 1 The recent announcement that the City of St. Thomas has assembled 800 acres of land in the north-east part of the City to attract a new automotive electric vehicle plant is also noteworthy ("St. Thomas sets up 800-acre'mega-site,' eyes electric -vehicle parts plant", London Free Press, 8 June 2022 at https://Ifpress.com/news/local-news/st-thomas-sets-up- 800-acre-mega-site-eyes-electric-vehicle-parts-plant) EH:E::M:S 07N J� Introduction 1 12 52 2. Economic and Demographic Conditions in Elgin This section sets out the economic and demographic forces that will influence long-term growth in the County of Elgin. A. Elgin Primed for Continued Population Growth The County of Elgin is located in south-western Ontario, between Lake Erie and Highway 401, and due south of the City of London. It comprises seven lower -tier municipalities: Central Elgin, Malahide, Aylmer, Bayham, West Elgin, Southwold, and Dutton/Dunwich. The City of St. Thomas (population 42,840) is geographically within the boundaries of the County and part of the Elgin Census Division, but is a separate and independent municipality. Although this report provides forecasts only for areas within the County proper, economic and demographic trends are often discussed in the context of the Census Division. The eastern and western parts of the County are largely rural and agricultural, interspersed with small rural settlements. The faster growing Central Elgin, Malahide, Aylmer, Southwold, and Bayham exhibit a close commuting relationship with St. Thomas, which serves as a regional service centre. There is also a longstanding commuter relationship between Southwold and Central Elgin and the City of London. The largest settlement area in the County is Aylmer (population 8,160), which is also the only lower - tier municipality without a large rural area within its jurisdiction. Population growth in Elgin has historically been sporadic and low on average about 73 people added per year between 2001-2002 and 2014-2015. The population declined during the 2008-2009 recession and remained relatively low in the six years that followed. Since 2015-2016, that is well E D(3in �tanteC Economic and Demographic Conditions in Elgin 1 13 53 before the onset of COVID-19, growth has accelerated rapidly, averaging 615 persons per year and peaking in 2018-2019 (788 persons) and 2020-2021 (882 persons) (see Figure 1). The County has not experienced this rate of population growth since the 1980s. Figure 1: Population Growth in Elgin County, 2001-02 to 2020-21 1.000 SO 1 i b OO J 400 200 ( i ,, ,. IIIIIIIIIIIIIIIIIIII '., IIIIIIIIIIIIII�� .. 200 !Y00 ..600 S,R {0 v , , T0 s Source: Statistics Canada, Annual Demographic Estimates Although the recent population growth spike has occurred in most parts of the County, it is most evident in Central Elgin where there has been significant development of residential subdivisions (see Figure 2). With the exception of West Elgin, all municipalities in the County have seen positive population growth in the last decade. [H:Stant E:M:S Economic and Demographic Conditions in Elgin 1 14 54 Figure 2.- Total Population Change, 2001- 2021 Boy Iton i ....................... t4x ro/1?trr7truiic',f7WIM V'Jw,t Elgin C 0C.) 1,000 1,50C.) 2,000 Af20)1 11 ufl,701111 Source: Statistics Canada, Census 2001, 2011, 2021 As noted above, the recent surge in population growth is not unique to Elgin County. Similar growth is evident in other county jurisdictions to the west and north of the Greater Toronto Area such as Oxford, Brant, Haldimand, Norfolk, Wellington, Grey, Peterborough, and Simcoe. i. Migration Will Drive Population Growth in Elgin Recent data indicates that fertility rates in Ontario are declining and life expectancy continues to increase. Notwithstanding these trends, migration from other parts of Ontario, particularly the London CMA and the City of St. Thomas, will continue to be the main driver of growth in Elgin. This type of in -migration has risen sharply in recent years. H:E:MSONJ e, Economic and Demographic Conditions in Elgin 1 15 55 Table 1: Natural Increase in Elgin Census Division From 2006-07 Year Births Deaths Natural Increase 2006-07 1,108 823 285 2007-08 1,092 708 384 2008-09 1,068 788 280 2009-10 1,040 763 277 2010-11 1,093 745 348 2011-12 1,038 801 237 2012-13 1,067 758 309 2013-14 1,014 785 229 2014-15 994 863 131 2015-16 1,020 850 170 2016-17 1,024 811 213 2017-18 1,036 843 193 2018-19 1,063 871 192 2019-20 985 835 150 2006- 20 14,642 11,244 3,398 Source: Hemson Consulting, based on Ministry of Finance data The County forecasts are developed using a demographic model that projects future births and deaths by age based on historical trends. Table 1 shows the natural increase of overall population growth in the Elgin Census Division (including St. Thomas) since 2006-07. Although births have exceeded deaths throughout the period the rate of natural increase has steadily declined. This is the result of the overall aging of the population in the Census Division. The aging phenomenon is not unique to Elgin and, like most Ontario communities, will continue throughout the planning period to 2051. Migration is a key component of the Elgin forecasts as most growth in the County arises from migration. With the aging of the population, migration will be increasingly important to the County's growth prospects. Figure 3 illustrates the historical migration in the Elgin Census Division (including St. [HEIMSON(3 e Economic and Demographic Conditions in Elgin 1 16 in 56 Thomas). The figure shows that international and inter- provincial migration comprises only a small share of overall in -migration. Most migration comes from intra-provincial movements from other parts of Ontario. The latter, mostly the relocation of people to Elgin from the Cities of St. Thomas and London and their environs, have fuelled the growth surge that has occurred since 2015-2016. Figure 3.- Net Migration in Elgin Census Division, 1996-97 to 2019-20 , _11_' �.:� b y 9 " V �� m � 7,'�" A-'� u,/ tl„ b," ,.� or �Vi �^ "�✓ 1 � °Ys� "w " � � V� �' ° fl �* l'u°'� vO'ma -1 T"I'N4�',, Ilrv1, pp.e vore � o,°,wp 0 N � 9 Uq prue,,vu,u^i';i8 Source: Statistics Canada, Annual Demographic Estimates The migration pattern set out in Figure 3 is indicative of what the County can expect over the long-term. As such, the County forecasts are based on steady and sustained intra-provincial migration and limited inter -provincial migration and immigration. [H:E:M:SDP , Economic and Demographic Conditions in Elgin 1 17 57 ii. Recent Household and Housing Growth Concentrated in Central Elgin and Other Established Urban Centres The amount and type of housing needed in Elgin is strongly related to the population age structure; an older population forms more households than a younger population. The County's labour force is also closely tied to age structure as the primary determinant of the size and availability of labour is the size of the working age population between about 20 and 65 years of age. Figure 4.- Migrant Age Structure, Elgin Census Division, 2001-2021 1.(Y.) I- 90 ... 94 80... 84 5 79 uu IIr 6,5 ... 69 , 471..t...6 r.. um um um umu�umuul I{ ��11 V,_,)I11111: I' 55 ... 59 ,)III 1111WOP111111111111111 �( 45 ... 49 40... 44 � slllsslllsu (r um um um um uip um um it 2r5 29 Iwo�.a tr roil io�ii � rrrrrrrrrr4 1.5 ... 19 VV 1.0 14 IUIIVIUI�������1➢��1���� �fu��, y ...�Jf fw fw fw "fw `ff 19 ? 01.6 21. IN 2 00 Z.... 016 Source: Statistics Canada, Census of Canada HEI DIN Stant e, Economic and Demographic Conditions in Elgin 1 18 m Figure 4 compares the age structure of migrants to the County from 2001 to 2006 and 2016 to 2021. The figure shows: • the increase in the number of migrants in their late 20s and early 30s ("Millennials") who are forming new households and purchasing their first home with young children; ■ the increase in the number of migrants between their late 40s and early 60s. This group ranges from people in their peak earning years to those taking early retirement; and ■ the continued out -migration of young adults in their late teens and early 20s seeking job training, post -secondary education, and employment in larger urban centres. The County will need to ensure that it can provide a suitable range and mix of housing to meet the age profile of these in -migrants. The overwhelming preference by new homebuyers in the short and medium -term will be for single detached "family" homes. This housing form remains more affordable in Elgin than in the London CMA and urban centres such as Woodstock and in Kitchener -Waterloo and very attractive for households with children wishing to commute to jobs in St. Thomas and further afield. Over the long-term, as Elgin continues to age and its settlement areas develop and mature, the County will need to ensure that a greater diversity of housing is available. This could include more affordable row housing for family households, and a range of higher density apartment forms to cater to older adults wishing to downsize, single person households of people working from home, and low income groups. The implications for future housing demand in Elgin can be seen by recent (2016) preferences for different housing types by age of household head. Figure 5 shows that the demand for higher density housing (i.e. apartments) in Elgin is high for those in their 20s and early 30s and very low for other age [HEMSONEconomic and Demographic Conditions in Elgin 1 19 59 groups, though it begins to rise in older adulthood. The current demand for row housing is low, even among first time homebuyers in their late 20s and early 30s. This suggests that: ■ older adult households in Elgin tend to remain in their single detached homes longer than in more urbanized communities; ■ many older adults that do downsize to an apartment leave the County in doing so, likely to St. Thomas and London; and • the range and mix of the existing housing stock, particularly in the larger settlement areas such as Aylmer, Port Stanley, and Belmont, is somewhat limited. Figure 5.- Housing Occupancy by Age, Elgin Census Division, 2016 ti_r B''u'; '✓f(IUIY'11!!!!!!!u/CIA!!!N,'7f!✓9g..Ny.....ilD,uIIUIIIUIIIVUII!%/lull(%�r(l,�f(fl;;�)!!!a ,/ /rlri�rrlllP�'��I�LJ GlNll2�j�j�un%i!/��all�((U00%��r71�7�1!/;i/,?>�f�/���l�fl/rrlr��l'l��/�f��(flfff�f01dfl0�l�i�!?110�/�//aGWI�O�/1f��rY>Gm�gl/�/91OII��Wr^��� �� u. d"� "VI 19 60m7°'� Z:, r; d�°P Pi;b� ;✓A u��,—irll 'i0 q-9'k�:'il }�'� :��?)'' �Pfl 9�h Source: Statistics Canada, 2016 Census Just over 45% of all new housing constructed in Elgin since 2016 has been in Central Elgin, the municipality surrounding most of St. Thomas and with close links to the London CMA (see Figure 6). Housing growth has also increased significantly over the recent decade in Southwold, Aylmer, and [H:E:M:SDP , Economic and Demographic Conditions in Elgin 1 20 C*s] Bayham, with the number of building permits for new homes in those municipalities increasing from 196 between 2011 and 2016 to nearly 439 between 2016 and 2021. Housing growth has been slower in more rural municipalities such as West Elgin and Dutton/Dunwich. Figure 6.- Residential Building Permits Issued for New Units, 2011-2021 15ayl'la IT'Y IMMUNE Mal"Ald", i�iV Vi�iV Vi�iVVViV Vi��M Central Ngir7 ff1li 11 Y1li M f7uttcr r5,fl hl rlt^wri€.h �i�!�) West lJ Sill tll^A9N1NIhtill' II02O1..].- G 177120) f-,-2.1 Source: Statistics Canada, Building Permits The County forecasts recognize the locational advantage of settlement areas that share a common housing market with St. Thomas and the London CMA (Central Elgin and Southwold)2 and have the ability to offer full service "complete" communities to the types of migrants wishing to settle in Elgin, such as Aylmer and Port Stanley. Central Elgin has been the main location for new residential construction in the last five years and this concentration of growth in Central Elgin may be expected to continue, certainly in the short and medium -term. 2 It is noted that Central Elgin and Southwold fall within the London CMA boundary because of their close commuting connection to the City of London. [H:E:M:S ,(3 Stant Economic and Demographic Conditions in Elgin 1 21 61 The housing market preference in Elgin has been for the single detached unit form —over the last 20 years the percentage of all homes in the County that are single detached has remained constant at 92% (see Figure 7). New housing has largely mirrored the established housing base. Although there has been a slight increase in higher density forms (apartments), there has been hardly any construction of medium density units (row houses and other multiple dwelling units). Almost 90% of all new housing constructed since 2001 has been single detached homes. The vast majority of apartment construction in the County, 83%, has taken place in Alymer. The County may be expected to increase the diversity of new housing over the planning period in order to address shifts in demand brought about by the changing population age structure (see above) and PPS policies that promote healthy, livable, and safe communities, in part by: accommodating an appropriate affordable and market -based range and mix of residential types (including single -detached, additional residential units, multi -unit housing, affordable housing and housing for older persons) ... (Policy I.I.I. b)). :E::M:SON 5tantec Economic and Demographic Conditions in Elgin 1 22 I 62 Figure 7.- Historical Housing Mix in Elgin County, 2001 - 2016 201.6 mi &inS /S&rrd fiff(i Row InApartimerM Source: Statistics Canada, Census 2001-2016 B. Conditions are Favourable for Sustained Employment Growth The long-term economic outlook for Elgin is positive. Municipalities across the County offer a range of locational attributes that will continue to be attractive to new and existing businesses, including a supply of employment lands within or near established settlement areas. Although the County's population will be older in 2051, the rate of aging will be slower than in other rural communities in Ontario allowing for high levels of labour force participation supporting strong economic growth. The Official Plan should emphasize the economic development of the County so that new residents to the County have the opportunity to live and work locally. i. Recent Employment Growth Has Been Sporadic The County forecasts adopt the Census definition of employment by place of work: they record where people work rather than their place of residence. HEM DID, t nth Economic and Demographic Conditions in Elgin 1 23 W Employment in Elgin fell from 16,755 in 2001 to 14,220 in 2011 before rising slightly to 14,758 in 2016. Most job losses have occurred in Southwold which had almost 2,400 fewer jobs in 2016 than it did in 2001. Some employment growth in the last decade has taken place in Central Elgin, Malahide, and Dutton/Dunwich (see Figure 8). Together with Bayham, they are the only municipalities where the employment base was higher in 2016 than in 2001. Figure 8.- Employmen t by L ower- Tier Municipality, 2001-2016 Source: Statistics Canada, Census of Canada The significant decline in employment between 2006 and 2011 in Elgin can be attributed to the closure of key manufacturing industries during and in the aftermath of the 2008-2009 recession. Data discontinuities arising from the 2011 National Household Survey have also undermined the accuracy of information on the local employment distribution. Looking forward, the forecasts anticipate a faster rate of job growth in the County, reflecting the needs of a growing local population and the rejuvenation and development of key employment areas in urban centres and along the Highway 401 corridor. [H:E:M:SON) e, Economic and Demographic Conditions in Elgin 1 24 ii. Local Economy is Closely Linked to Regional and Global Economy It is important for the accuracy and credibility of the forecasts that assumptions be made about the economic future of Elgin. Notwithstanding the current pandemic situation, the economic outlook assumes that most demographic, social, and economic change after COVID-19 has waned will be gradual across the overall geographic and population base. In general, the County is anticipated to experience rates of long-term economic growth sufficient to absorb the expanding labour force created through migration. Figure 9 shows the change in place of work employment by sector in the County and in St. Thomas between the 15 year period 2001 and 2016. The figure shows that most job growth in the City was in construction and service producing sectors, particularly administrative and support services, educational services, health care and social assistance, and accommodation and food. This reflects St. Thomas's role as the key service provider for the region, including residents of the County. Both County and City experienced job losses in manufacturing and primary industries such as agriculture. County job losses in retail and wholesale trade, and transportation and warehousing have been partly offset by small job gains in those sectors in St. Thomas. The gradual shift away from employment in goods production, including in the manufacturing sector, towards employment in services, is a longstanding trend and mirrors similar employment patterns in the City of London and across the Province (Ontario lost more than 280,000 manufacturing jobs over the same period). :E:M:S::'EDN 5tantec Economic and Demographic Conditions in Elgin 1 25 I 65 Figure 9.- Change in Employment by Sector, 2001-2016 Agriculture, fore Icy, 'fj shi g and hIuMing 11111121021t021t01 +Alning and oil and eaoxlraotlon II l ltilitiee:, IV. d:onsl:nsrtlon Illllllllllllllllllllllllf IVlani.af�ari:i.aring IlVilililililililililililililililililililililililililililililililililililililililililililililililililililililililililililililililililililllfti111A10M1�@<1111411101i11111VV111i1111�111�111�111�111�1t@111A11011�41101i11111VV111i1111�111�111�111�111�t whode"':.,glee :.radee 116f1f1ff1fNllI Romil trade III Tranaporlationand vvarehou,,ing 116f1f1ff1ff1ff1ff1ff1ff1ff1fflffIIIIII irfoI-rrioI, Il d a:uItur a I Ida st:rlerr, 8 FIIlaIIc?:, a I I d III"ur€trw:?:� IIII Ra aE o,,tat e and rental and leaking IIII f Iofe ,,io11 rl, s6enffc and technla r1 servica, IN Management of compameand enteilpI Admilnstrafive and support III 11111111111119 Educational ervice IIIIIIIIIIIIIIIIIIIII 11cah.h carp -real ,odal assistance 116hllllllllllllllllllllllllllllllllllllllllll 1"Os Pn'Ce0a m ent m { reere?a'tion ka ommodat km and food servk,, �, Illllllllllllllllb ;'rher,er✓rra ( moptpuhlicadminIstration) III Pi.ab!la:;atomlrllrr,tratiorl MEN( (6,A0) (00A) P1, (M A) (,'i(fllJ (%,C71111J (7,'7n (I 1_,t1L1C1 2 0CK-1 uatn Elgin C:a.antyr ooi FT.. Chom;.a. Source: Statistics Canada, Census of Canada 2001 and 2016 The last two decades have seen increasingly diverse economic activity on land designated for employment uses (employment areas), even where original industries have ended operations. Following the developing trends in St. Thomas, the County may be expected to see employment growth in the construction sector, in local service sectors, in traditional retail and wholesale trade, and transportation, warehousing, and logistics, and in the longer -term in sectors that provide "high tech" or support services to industrial activities (such as professional, scientific, technical, and administrative services). These employment activities are increasingly choosing to operate out of single storey facilities on large, segregated industrial or business park sites. Such land -extensive sites offer easy access to major transportation routes, like Highway 401, the opportunity to build large buildings for storing goods and equipment, and the necessary road design for turning and unloading trucks. As such, it is anticipated that the need for designated employment E:E:M:S:ODN Stantec Economic and Demographic Conditions in Elgin 1 26 C�.1 lands in the County will increase over the next 30 years, notwithstanding the recent loss of manufacturing jobs. iii. Commuting Trends One of the most important considerations with respect to the growth forecast for Elgin is the economic and urban structural relationship between it and the broader regional economy centred on St. Thomas, the London CMA and, more broadly, the major goods corridor that follows Highway 401. It is partly this relationship that explains the amount and distribution of growth that may be expected to occur in the future. The County of Elgin is an exporter of labour. That is, with the exception of Aylmer, more residents leave the County for work than travel to jobs within it (see Table 2). Moreover, only about one quarter of the resident employed labour force actually lives and works within the County; this share drops to about one fifth of the resident employed labour force in the municipalities of Central Elgin and Southwold, where a significant number of workers commute to jobs in London. Table 2.- Commuting Patterns in Elgin County, 2016 Municipality Live and Work Commute -In Commute -Out Net Commuting Aylmer 945 1,930 1,550 380 Bayham 295 720 1,920 lC)C)) Central Elgin 700 1,835 4,490 l„F)1-J Dutton/Dunwich 400 420 1,070 FS 5 U Malahide 330 565 2,745 l 1.) O) Southwold 195 845 1,625 (78O) West Elgin 550 520 1,110 Oi9U) Elgin County 1 3,415 1 6,835 1 14,510 1 (7,575) St. Thomas 1 7,995 1 6,230 1 7,330.,.55) Source: Statistics Canada, 2016 Census As housing affordability concerns and increased work at home patterns persist, the commuting relationships with London and St. Thomas will continue to drive housing demand in the County leading to development pressures in Central Elgin, Aylmer, Bayham, Southwold, and Malahide. Much �[HEMSONEconomic and Demographic Conditions in Elgin 1 27 67 of the demand will be for housing for commuter households, particularly young families with children. Over the longer -term, as settlement areas like Alymer and Port Stanley grow and diversify, opportunities for people to live and work locally may be expected to increase. The opportunity for employment growth on designated employment areas will also increase particularly in areas that are easily accessed from Highway 401 and are on full municipal water and wastewater services. iv. Activity Rates The activity rate is the ratio of population to employment in a location. It serves as a useful, though crude, indicator of how "complete" a community is and whether its residents have opportunities to work near where they live. The forecasts in this report use activity rates to "balance" the distribution of people and jobs to 2051, recognizing that rural municipalities tend to have lower activity rates than urban municipalities. Figure 10 shows the activity rates for each lower -tier municipality at the time of the last two federal Censuses. Alymer, which has no rural lands, has the highest activity rate at 45%. Activity rates in most other municipalities are between 21% and 33% and generally rose between 2011 and 2016 (Southwold is the exception). The activity rates outside Alymer are typical of rural communities and suburban communities with a high degree of out - commuting. The County forecasts offer an opportunity to direct employment growth to ensure that municipalities remain "complete" over the long-term. :E DEN 5tantec Economic and Demographic Conditions in Elgin 1 28 I C4:3 Figure 10 Activity Rates in Elgin Count 2011 and 2016 2 0. ~ \ .. \ \ \ \ \ \ «0::::::: sa ,m v,G y>wr 9m>EA ««r m nut �o. »«a We,stEA 1112011.,ys Source: Statistics Canada,2011 and 2016 Census HEMSON. 3 Stantc Economic and Demographic Conditions inElgin 129 [01 3. Growth Outlook This section describes the growth outlook for the County, in particular the population, housing and employment forecast to 2051. The forecast of the amount, type and location of growth will form the basis of the analysis of the land supply in the next section. A. County -Wide Population Forecasts The County forecasts are based on standard cohort -survival models that incorporate assumptions about fertility, mortality and migration. The population change for Elgin results from two processes: natural increase and net migration. The cohort survival models are structured using age groups (cohorts). Age and sex -specific fertility, mortality and migration rates are then applied to the 2016 base population cohorts in annual increments out to 2051 to generate results. ■ Natural increase is the difference between the number of births and the number of deaths in a population over a forecast period. To project the number of births and deaths in the future, assumptions about future fertility rates by age of mother and mortality by age and sex are applied to yield the number of births and deaths in each cohort. The assumptions used in this step of the forecast are consistent with those used by the Ministry of Finance in its annual Population Projections. ■ Net migration represents the cumulative result of all migration movements in and out of Elgin. There are three major components of migration: international migration, which is the movement of people between the County and other countries; inter -provincial migration, which is the movement of people between the County and other Canadian provinces; and intra-provincial migration, which is the �[HEMSONt nth Growth Outlook 130 �� 70 movement of people between the County and other parts of Ontario. Intra-provincial in -migration will be main driver of population growth in Elgin over the forecast period. Table 3.- Population in Elgin County, 1986 - 2051 Census Total Population Annual Growth Year Population' Growth Rate 1986 42,300 1991 46,340 4,040 1.8% 1996 48,770 2,430 1.0% 2001 50,250 1,480 0.6% 2006 51,120 870 0.3% 2011 50,920 (200) -0.1% 2016 51,390 470 0.2% 2021 53,250 1,860 0.7% 2026 55,680 2,430 0.9% 2031 57,740 2,060 0.7% 2036 60,030 2,290 0.8% 2041 62,520 2,490 0.8% 2046 64,880 2,360 0.7% 2051 67,140 2,260 0.7% 1991-2021 6,910 0.5% 2021-2051 13,890 0.8% Source: Hemson forecasts; Statistics Canada Census (for 1986-2021) On a County -wide basis, the population is forecast to grow to 67,140 by 2051 (see Table 3). This represents growth of 13,890 over the 30 year planning period from 2021 at an average annual growth rate of 0.8%. Growth will be more rapid over the first 10 years of the planning period, reflecting in part the current population surge in the County arising from the relocation of family forming households seeking more affordable single detached homes within commuting distance of jobs in St. Thomas and London. The growth rate will slow over the longer -term, reflecting the overall aging of the population (see Table 3). E:E:M:S::ODN' �t 11teGrowth Outlook 131 71 Population growth in St. Thomas is forecast to outpace that of the County, in keeping with historical patterns (see Figure 11). Figure 11: Population Growth in Elgin and St. Thomas 2016 to 2051 Source: Hemson Consulting; Statistics Canada Census (for 2016 and 2021) The County's population will age gradually over the next 30 years, with the number of people over 60 rising from 28% of the population in 2021 to 43% in 2051. Figure 12 shows increased "flattening" of the population between 2021 and 2051. The largest age cohorts increase from 55 — 64 in 2021 to 75 — 84 in 2051. In 2051, there will be more than 20,900 people 70+, compared to only 7,300 in 2001. A greater range and mix housing will be required to accommodate these shifts and is anticipated by the housing forecasts below. Growth Outlook 1 32 72 Figure 12.- Elgin County Population Age Structure 2021 and 2051 1t:0� 85 ... 89 V11��U1�1(V�IUi➢�l!i(VU.; 80 84 �(� �oDllWi➢11V� ���llWiY 70 74 55.. 59 50 ... 54 �oD((ll��pp➢11V���p�(��U��Dllgg��U�� ��➢11 45... 49 ggW�� 11UUDllLI������UDllLI�➢�� ��� vl'Wl!� 40 ... 44 35 .. 39 V»��UI��(V�IUpIUIIVIUIUIIVIUIUIIVIU�UIIVIUIU�IUIUIIVIUIUIIVIUIU11�V4�41. 25 ... 29 20 ... 2 . tj4 1. `a ... 19 10 14 5 ... 9 �oDllLI�➢11V�� � llLli➢ � �� 0 ... 4 0 2,000 4,000 6,000 1.t: 0 9i7...94 �I���pp�JI���pp�JII�IIp���III�pp�JI��I�I�pp�JI���pp�JII�IIp���III�pp�JI��I�I�pp�JI���pp�JII�IIp�pppp�II� 85 s:) �I�I�I�I�I�I�I����pp���� ��VNI�IVNI�IVNI�IVNINIVNINIVNI�IVNI�IVNI�IW4 IIIII �u�uI�Nl�r 80 ... 84 II�UIIIU�IIUIIIUIIIUIIIUIIIUIIIUIIIUIIIU�IIUIUUI IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �111JJJ11�1,J,JJ�g� �IIVUNI1ilUI9IIIUIVII9U1iIIVUVINIlU1VI9IIINUIIVII9U1iIIVUNIIilUI9IIIUIWVI 75 7 J� IIIIIIIIINIIIIIIIII�I�J„MAN� �11111IIll�i,))))y� 70....74 ��VNI�IVNI�IVNI�IVNINIVNINIVNI�IVNI�IVNI�IW4 11111 V�9�I�1V�9�I�1V�9�I�1V�N�INIV�N�IN1V�9�I�1V�9�I�1V�9�I�l V� J�I' 9 65 69 111111111111111�;�4'9' � � 50 0 54 0 34 ��VpNJI��1pllJ�I�pI��NpI�J1��VpVJN�IpVJ�INpI��NpI�JI��VpNJI��1pllJ�I�p1�p�p� N �� 25 29 � VpNJI��1pllJ�I�pI��NpI�J1��Vp@JIN�1pllJ�INp1��NpI�JI��VpNJI��1pllJ�I�p1�Wpp�� 20 24 �VNI�1ll�I�l�NI�1V@IN1ll�IN1�NI�IVNI�1ll�I�1W� p 15... 19 10 ... 14 0 2,000 4,000 6,000 Source: Hemson Consulting; Statistics Canada Census (for 2021) Table 4 shows that the number of households in the County will increase by 7,220 between 2021 and 2051. The average annual growth rate of 1.1% is higher than the population growth rate, reflecting the continued decline the average persons per unit over time. As with the population forecast, growth will be more rapid in the first 10 years of the planning period and will slow over the longer -term. Growth Outlook 1 33 73 Table 4.- Household Growth in Elgin, 1986 - 2051 Census Total Household Annual Growth Year Households Growth Rate 1986 13,630 1991 15,115 1,485 2.1% 1996 15,925 810 1.0% 2001 16,830 905 1.1% 2006 17,470 640 0.7% 2011 17,820 350 0.4% 2016 18,410 590 0.7% 2021 19,220 810 0.9% 2026 20,230 1,010 1.0% 2031 21,360 1,130 1.1% 2036 22,590 1,230 1.1% 2041 23,930 1,340 1.2% 2046 25,180 1,250 1.0% 2051 26,440 1,260 1.0% 1991-2021 4,105 0.8% 2021-2051 7,220 1.1% Source: Hemson forecasts; Statistics Canada Census (for 1986-2021) The forecasts assume that the mix of housing in Elgin will need to shift in order to satisfy the market demand arising from the changing population age structure and to address planning policies that promote a more compact urban form, transit -supportive communities, and the efficient use of land. Historically, more than 90% of all housing growth in Elgin has been in the form of single detached units. The forecasts assume that share to be 73% of total housing growth between 2021 and 2051. By 2051, 37% of all newly constructed units will be in medium and higher density forms. The effect of the gradual shift towards higher density forms on the overall housing stock in the County is shown in Figure 13. E:E:M:S::ODN' �t 11teGrowth Outlook 134 74 Figure 13.- Change in Housing Mix in Elgin County, 1991- 2051 11 (�'—��ri. I^fif��S. r414V Q.�. 11n.�o�'� G✓I )�.V.i "Y��;1 sy�ln.,�. ,"'vB F�� NtlJH utiikUr°�."!-vtilr f�!I�,°�°� �lJ;ffiNusrar'oY'. Source: Hemson Consulting based on Statistics Canada 1, ,° 1 �y�, y�,e� ���DVw �Ilro:'M B. Allocation of Growth to Lower -Tier Municipalities The distribution of future population growth considers where growth is directed through planning policies and the ability of lower -tier municipalities in Elgin to accommodate different types of housing growth. The first step in the distribution process is the translation of the population forecast into a forecast of households based on age -specific household formation rates (or headship rates). These rates reflect the propensity of different household and family types to occupy different housing by type. For forecasting purposes, 2016 age -specific household formation rates are assumed to continue to decline somewhat before returning to 2016 levels by 2051. A summary of headship rates is provided in Table 5. Growth Outlook 1 35 75 Table 5.- Headship Rates by Structure Type in Elgin County, 2016 YEAR: 1 2016 Households by Age of Household Head Occupied Dwelling Units By Structure Type Occupied Single Detached Semi -Detached Row House Apartments Duplex Census Pop Headship Rate Households Rate Units Rate Units Rate Units Rate Units Rate Units 15 - 19 5,595 1.3% 70 28.5% 20 14.6% 10 0.0% 0 43.1% 30 13.72% 10 20 - 24 4,880 15.1% 735 41.4% 305 2.8% 21 7.7% 56 38.9% 286 9.15% 67 25 - 29 4,505 39.7% 1,790 65.0% 1,164 5.7% 103 6.3% 113 18.7% 334 4.29% 77 30 - 34 4,880 49.1% 2,395 80.1% 1,918 5.4% 128 4.1% 98 8.7% 209 1.80% 43 35 - 39 5,105 53.0% 2,705 81.0% 2,192 4.7% 128 4.6% 123 7.0% 189 2.66% 72 40 - 44 5,575 53.3% 2,970 83.7% 2,487 4.0% 118 2.6% 77 8.3% 245 1.46% 43 45 - 49 5,880 54.8% 3,225 80.2% 2,587 3.5% 113 3.7% 118 10.5% 340 2.08% 67 50 - 54 6,895 55.4% 3,820 83.5% 3,191 4.0% 154 1.5% 56 9.2% 352 1.76% 67 55 - 59 6,805 58.1% 3,955 79.9% 3,161 4.5% 179 1.8% 72 11.3% 447 2.43% 96 60 - 64 6,015 56.4% 3,390 81.6% 2,766 3.0% 103 1.8% 62 10.9% 368 2.69% 91 65 - 69 5,585 60.7% 3,390 79.5% 2,697 4.4% 149 2.3% 77 12.8% 434 0.99% 34 70 - 74 4,025 61.1% 2,460 78.6% 1,933 3.8% 92 1.5% 36 15.4% 380 0.78% 19 75 - 79 2,830 60.4% 1,710 76.5% 1,308 3.3% 56 2.1% 36 16.7% 285 1.40% 24 80 - 84 1,815 70.8% 1,285 73.1% 939 2.4% 31 2.8% 36 21.0% 270 0.75% 10 84-89 1,180 61.0% 720 73.5% 529 4.3% 31 1.4% 10 19.5% 140 1.33% 10 90 + 254 145.8% 370 74.2% 275 0.0% 0 0.0% 0 25.8% 95 0.00% 0 TOTAL 71,824 48.7% 34,990 78.5% 27,470 4.0% 1,415 2.8% 970 12.6% 4,405 2.09% 730 Source: Statistics Canada, 2016 Census In the second step of the distribution process, the household forecast is translated into a forecast of housing by type -single and semi-detached houses; row houses; and apartment buildings. The housing forecast is then distributed to the lower -tier municipalities within Elgin based on observed market trends, age specific occupancy patterns, the effects of planning policies, the land available to support development, and the capacity of each municipality to accommodate the forecast growth. Planning staff at the lower -tier municipalities were consulted on the distribution of the forecasts. The distribution of housing also accounts for County Official Plan policies that focus new development in settlement areas, in accordance with a "tiered" hierarchy of settlement areas. Under this hierarchy, settlement areas are divided into three tiers based on their scale, function, and level of services: • Tier 1 settlement areas generally have the largest populations in the County and as a consequence have full municipal services (municipal water and sewage services). The Official Plan directs the majority of new growth to Tier 1 settlement areas: Alymer; Port Burwell and EIO � Stantec Growth Outlook 136 I 76 Vienna in Bayham; Port Stanley, Belmont, Lynwhurst, Eastwood, and Norman Lyndale in Central Elgin; Dutton in Dutton/Dunwich; Ferndale in Southwold; and Rodney and West Lorne in West Elgin. ■ Tier 2 settlement areas are generally smaller in population than Tier 1 settlement areas and are on partial services (municipal water/ individual onsite sewage services or individual on -site water/ municipal sewage services). Limited development is permitted in these settlement areas given the absence of full municipal services. ■ Tier 3 settlement areas are generally the smallest communities in the County, are predominately residential in function, and do not have any municipal services (i.e. services are provided by individual on -site water and sewage services). Limited development (including new lot creation) is permitted in these settlement areas. This approach is in keeping with PPS policies that direct growth to urban serviced settlement areas, in part through intensification and redevelopment. The allocation of housing growth to the lower -tier municipalities is shown in Table 6. The growth distribution is not markedly different from recent patterns of settlement. About 34% of all household growth will take place in Central Elgin, with substantial growth also occurring in Malahide (18%), Aylmer (16%), Southwold (11%), and Bayham (10%). All municipalities in the County will experience growth, and much higher growth relative to historical trends. :E:MON 5tantec Growth Outlook 137 I 77 Table 6: Household Growth by Municipality 2021 - 2051 Year 2021 2051 Growth Share Aylmer 3,070 4,250 1,180 16.3% Bayham 2,260 2,950 690 9.6% Central Elgin 5,460 7,910 2,450 33.9% Dutton/Dunwich 1,600 2,080 480 6.6% Malahide 3,010 4,280 1,270 17.6% Southwold 1,710 2,480 770 10.7% West Elgin 2,100 2,480 380 5.3% Elgin County 19,210 26,430 7,220 100.0% Source: Hemson Consulting The allocation of household growth by five-year period is set out in Table 7. Growth is somewhat front -ended in keeping with recent trends. Over the longer -term, growth is more widely distributed and moderate. Details on historical growth in each lower -tier municipality and forecast housing growth by dwelling type are provided in Appendix A. Table 7.- Total Households by Municipality, 2021 - 2051 Year 2021 2026 2031 2036 2041 2046 2051 2021-51 Aylmer 3,070 3,280 3,450 3,640 3,840 4,040 4,250 1,180 Bayham 2,260 2,350 2,450 2,570 2,700 2,820 2,950 690 Central Elgin 5,460 5,790 6,200 6,640 7,110 7,510 7,910 2,450 Dutton/Dunwich 1,600 1,640 1,720 1,810 1,910 1,990 2,080 480 Malahide 3,010 3,220 3,420 3,620 3,840 4,070 4,280 1,270 Southwold 1,710 1,790 1,890 2,020 2,160 2,310 2,480 770 est Elgin 2,100 2,160 2,230 2,290 2,360 2,420 2,480 380 gin County F 19,210 1 20,230 1 21,360 1 22,590 1 23,920 1 25,160 1 26,430 7,220 Source: Hemson Consulting The population growth for each lower -tier municipality is derived from the housing allocations in Table 7. Table 8 shows the total population (including census net-undercoverage) by Census period for each municipality to 2051. Although Central Elgin, Malahide, and Alymer account for 74% of all population growth, every municipality is forecast to experience population growth and at a faster rate than historical trends. �[HEMSONSt 11teGrowth Outlook 138 �� 19 Table 8.- Population Growth by Municipality, 2021 - 2051 Year 2021 2051 Growth Share Aylmer 7,910 10,760 2,850 20.5% Bayham 7,290 8,560 1,270 9.1% Central Elgin 14,080 18,330 4,250 30.6% Dutton/Dunwich 4,260 5,100 840 6.0% Malahide 9,560 12,800 3,240 23.3% Southwold 4,980 6,040 1,060 7.6% West Elgin 5,170 5,560 390 2.8% Elgin County 53,250 67,150 13,900 100.0% Source: Hemson Consulting C. County -Wide Employment Forecasts The forecast method applies three factors to generate the employment forecast from the population forecast: ■ participation rates, to derive the labour force from the resident population; • unemployment rates, to determine what proportion of the resident labour force is employed; and • net in -commuting, which represents the number of jobs occupied by non-residents through in -commuting and the number of jobs that are undertaken in other areas through out -commuting. Participation rates are the share of the total working age population that participate in the labour force (either employed or seeking employment). Applying participation rates to the population forecast results in the total labour pool available to fill jobs in the future. The starting point for the forecast of participation rates is the 2016 Census which provides participation rates for males and females by five year age group from 15 — 19 onwards. EHM 5tantec Growth Outlook 139 79 Notwithstanding changes arising from COVID-19 and other short-term economic cycles, participation rates for some age groups are assumed to remain near current levels throughout the forecast period. Observed trends of reduced labour force participation rates among young people, moderate increases in labour force participation among older age groups, particularly women overall and men in their late 60s who are delaying retirement are projected to continue through the forecast period. The assumed changes in participation rates are consistent with Statistics Canada, The Labour Force in Canada and its Regions: Projections to 2036, 2019. As seen in Figure 14, the forecasts assume that labour force participation rates in Elgin will not be too different in 2051 than they are today. However, because of the older age profile of the population there will be far fewer workers relative to the population in 2021. AP D l / I % f ON 1 f 1 Source: Hemson Consulting; Statistics Canada, 2016 Census ICI'' ��►��"'� �'� Growth Outlook 1 40 0 Unemployment rates account for the portion of the labour force that is not working. They have less of an influence on the employment forecast than participation rates and usually fluctuate within a narrow range over the long- term. The Elgin County Census Division unemployment rate in 2016 was 6.4%, slightly higher than the Provincial average, and the current forecasts are being completed during the COVID-19 pandemic which triggered a sharp, though brief, increase in unemployment. Unemployment in the County is assumed to return to 2016 levels very quickly and stabilize to 2051. This assumption will however need to be monitored closely in the coming years. Should job growth not rebound as quickly as anticipated an update to the forecasts may be warranted. Net in -commuting is the number of employees who commute into Elgin less the number of employees who commute out of the County. Net in - commuting is influenced by PPS and Official Plan policies that encourage the development of "complete communities" where people live close to where they work. As shown earlier, Elgin has negative net commuting more people leave the County for work than those that come in, especially in the municipalities within the London CMA. The forecasts assume that the number of net out -commuters will remain near current levels throughout most of the forecast period, tempering slowly over the long-term. On a County -wide basis, employment is forecast to grow to 23,130 by 2051 (see Table 9). This represents growth of 7,360 over the 30 year planning period at an average annual growth rate of 1.3%. The 1,300 anticipated jobs associated with the proposed Amazon fulfilment centre in Southwold are assumed to occur in the 2021-2026 period. :E:MON 5tantec Growth Outlook 1 41 I Table 9.- Place of Work Employment in Elgin 2001 - 2051 Census Total Employment Annual Growth Year Employment' Growth Rate 2001 16,760 2006 16,400 (60) -0.4% 2011 14,220 (2,180) -2.8% 2016 14,760 540 0.7% 2021 15,770 1,010 1.3% 2026 18,040 2,270 2.7% 2031 19,120 1,080 1.2% 2036 20,150 1,030 1.1% 2041 21,220 1,070 1.0% 2046 22,180 960 0.9% 2051 23,130 950 0.8% 1991-2021 fit() -0.3% 2021-2051 7,360 1.3% Source: Hemson Consulting Total Employment includes usual place of work, work at home, & no fixed workplace. Similar to the population and household forecast, growth will be more rapid over the first 10 years of the planning period. The growth rate will slow over the longer -term, reflecting overall aging of the population. The activity rate in Elgin will rise from 30.4% in 2021 to 35.7% in 2051. D. Allocation of Employment to Lower -Tiers The distribution of future employment is based on where growth is directed through planning policies and the ability of each lower -tier municipality to accommodate different types of employment. The employment forecast is translated into a forecast of employment by land use type and is then distributed to each lower -tier municipality by shares of each type of employment. Three employment land -use types used are distinguished: EItnt� :S in(3 Growth Outlook 1 42 0 ■ Population Related Employment (PRE): employment that primarily serves a resident population. This category includes retail, education, health care, local government and urban work -at-home employment. The share of population -related employment in each municipality is largely tied to population growth. ■ Employment Land Employment (ELE): refers to employment accommodated primarily in low-rise industrial buildings, the vast majority of which are located in designated employment areas in the Elgin Official Plan. The distribution of employment land employment is accordingly based on the ability of each lower -tier municipality to accommodate growth in this type of employment on vacant employment land locations. • Rural Employment: refers to jobs in rural areas, including primary industries and agriculture plus some uses typically found in urban employment areas, but not located on urban land designated for industrial or commercial use. These are typically small scale manufacturing or construction businesses as well as tourism (including agri-tourism) and recreation activities which play an important role in Elgin. Also important in the Elgin context is the role of agricultural labour, particularly in Bayham and Malahide. Of the total County -wide employment forecast between 2021 and 2051, 45% will be on employment land. This reflects in part the suitability and availability of serviced employments lands, and notwithstanding the recent decline in employment land employment during and after the 2008-2009 recession. Most vacant serviced employment area is in Aylmer. Aylmer's share of employment land employment growth is also commensurate with its increasing role as a provider of services to the broader County, similar to St. Thomas. MO 5tantec Growth Outlook 1 43 E:ic? Figure 15 displays the employment growth by type by municipality to 2051. Population -related employment will be steady and in line with population growth in each municipality throughout the forecast period. Growth in rural employment will also remain steady but will not comprise a significant component of overall employment growth, except in Bayham, Malahide, and other rural areas where agricultural labour comprises a significant component of the employment base. Figure 15.- Employment Growth by Type in Elgin, 2021 - 2051 ,5mt: 0 1,500 1,000 1 500 i f Fri, `` u��� F��:r�:yuull�i ii�:rro Fa�II�f:�a:N ir�u I:arr'n�:rllpr'�ur'n�rot: L.�roa:N i Fau.ur�ll Source: Hemson Consulting The distribution of employment is based in part on the ability of each lower - tier municipality to accommodate growth in each land -use type. As noted, population -related employment is generally assumed to follow population growth, though the ability of larger urban communities like Alymer to attract more regional -serving retail activities is recognized. Growth in rural employment generally follows historical trends, and will be mostly focussed in and around rural settlements. [H:E:M:S=ON)nt� Growth Outlook 1 44 Growth in employment land employment is generally tied to the suitability and availability of vacant designated employment land. There are 264.7 developable hectares of employment land in Tier 1 and Tier 2 settlement areas in the County; however, lands in Southwold that were previously home to the Ford plant make up 75% of all available employment lands. Moreover, there are an additional 50.9 developable hectares of unserviced employment lands in rural areas. The suitability of lands for future growth depends on easy access to major highways, the proximity of a labour pool, the opportunity to cluster near existing employment hubs, the availability of full municipal services, and the absence of any topographical constraints that would prevent the assembly of large land parcels. Based on these criteria, the employment allocations are set out in Table 10. Aylmer is poised to accommodate a large share of the employment growth 1,460 jobs between 2021 and 2051 due to its relatively large population, its growing role as a regional service centre, and its ability to provide employment areas that rank highly on employment land suitability criteria. The municipalities of Central Elgin, (1,220 jobs), Malahide (940 jobs) and West Elgin (620 jobs) are also forecast to experience higher -than - historical employment growth, particularly in employment land employment. In Southwold, it is assumed that 1,300 jobs will be accommodated at the proposed Amazon fulfillment centre located on the old Ford assembly plant site in Talbotville in the near -term. HI:IM5ON �t 11teGrowth Outlook 1 45 n E:167 Table 1 & Employment Growth by Municipality, 2021- 2051 Year 2021 2051 Growth Share Aylmer 3,560 5,020 1,460 19.8% Bayham 1,590 2,180 590 8.0% Central Elgin 4,070 5,290 1,220 16.6% Dutton/Dunwich 1,340 1,720 380 5.2% Malahide 2,110 3,050 940 12.8% Southwold 1,570 3,720 2,150 29.2% West Elgin 1,530 2,150 620 8.4% Elgin County 15,770 23,130 7,360 100.0% Source: Hemson Consulting Table 11 displays the absolute change in the number of jobs by five year Census period forecast in each municipality to 2051. Table 11: Total Employment by Municipality 2021- 2051 Year 2021 2026 2031 2036 2041 2046 2051 2021-51 Aylmer 3,560 3,780 3,950 4,210 4,500 4,760 5,020 1,460 Bayham 1,590 1,720 1,840 1,930 2,020 2,090 2,180 590 Central Elgin 4,070 4,300 4,600 4,820 5,000 5,160 5,290 1,220 Dutton/Dunwich 1,340 1,400 1,500 1,560 1,620 1,670 1,720 380 Malahide 2,110 2,320 2,530 2,680 2,810 2,940 3,050 940 Southwold 1,570 2,970 3,070 3,210 3,390 3,550 3,720 2,150 est Elgin 1,530 1,550 1,630 1,740 1,890 2,010 2,150 620 gin County F 15,770 1 18,040 1 19,120 1 20,150 1 21,230 1 22,180 1 23,130 7,360 Source: Hemson Consulting The next section sets out the results of the land supply and capacity analysis. E:E:M:S::ODN' 5tantec Growth Outlook 1 46 4. Land Needs Assessment This section includes the results of the assessment of the amount of land required to accommodate the growth forecasts set out in Section 3. The approach and main conclusions are summarized below. Detailed results are provided in two appendices: ■ Appendix A — which contains detailed information on the growth forecasts; and ■ Appendix B — which provides detailed maps of the vacant land supply for each municipality. A. Land Needs Assessment (LNA) Methodology The PPS requires that the County make available sufficient land to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years. In doing so, the County must also: ■ accommodate a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas; and • plan for, protect and preserve employment areas for current and future uses. The following terms, drawn mainly from PPS definitions, are used in the analysis and tables that follow: • Built-up Area (BUA): area in within a settlement area where development is concentrated and which has a mix of land uses. The BUA is where residential intensification will occur. EINtnt� Land Needs Assessment 1 47 in m ■ Intensification: residential development within a municipalities BUA, typically in the form of higher density units. • Designated Growth Area (DGA): means lands within settlement areas designated in the official plan for growth over the long-term planning horizon, but which have not yet been fully developed. Designated growth areas include lands which are designated and available for residential growth as well as lands required for employment and other uses. In Elgin, vacant DGA will accommodate the majority of housing growth to 2051. • Settlement Areas: means urban areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets) that are either built-up area of designated growth area. Per Elgin Official Plan policies, most housing growth and population -related employment will be located in Tier 1 settlement areas that have full municipal water and wastewater services. • Rural Settlements: existing hamlets or similar existing small settlement areas that are long-established and identified in official plans. • Rural Lands: means lands which are located outside settlement areas and which are outside prime agricultural areas. ■ Employment Area (EA): means those areas designated in the official plan for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities. These areas are designated as employment lands in the Elgin Official Plan and will accommodate most of the employment land employment growth to 2051. IN Stantec Land Needs Assessment 1 48 :: ■ Density: the number of people, jobs or housing units per a given land area; in the County forecasts all density figures are assumed to be per hectare unless otherwise stated. ■ Land Supply: lands designated within settlement areas that are designated for residential or employment development. ■ Land Need: Hectares of land required to accommodate the growth forecasts. Land needs are determined for two types of geography: ■ Community Area, focused around housing and the local employment, infrastructure, and services necessary to sustain residential areas; and ■ Employment Area, focused around land for the exclusive use of employment activity. In Elgin, such lands are generally designated as employment lands. Figures 16 and 17 display the steps for determining the community area and employment area land need respectively. IN Stantec Land Needs Assessment 1 49 :• Figure 16- Community Area Land Need Methodology Coim�poineint 1: Pqpulatioin Forecast to 2051 Rased o i i f o r e,c as, ts, detern,iiried I'l the, COU11ty Forecast Report Coimlpoin ein t 2: IHou silin g Need • HOU'SehOldsarid 11OLIshig by str U Ct U re ty pe, f a recasts ---------------------------------- ------------------------------------------------------- Coimlpoineint I Ailocate Coimlpoin ein t 4: IHou silin g Su 1plply Housingto Loweir-Tiler �by PoUicyAirea Miuinici�paiities I I Based a 'i growth treirids, Based ori designated vacarit planned urban structure, a n d ands, Within Urban and servicing capacity community policy areas, ------------------------ Coimlpoineint 5: Community Area J616s deritify jobs, OCCU rririg in a settlement areas i 'i r es p o ris e, to grovith in population ICI'' ��►��"'� �'� Coimlpoin ein t 6: Need foie Addiltionai Land • Balarice, iriterisificatiari/ derisity targets with the need to provide a market -based SUPPly Of lI0US,i[Ig Land Needs Assessment 150 10-19M Figure 17.- Employment Area Land Need Methodology Component 1: IEimpllloment F'oirecast to 2051 Basedon forecasts determined' in the County Forecast Report Coimlpoineint'I AIIIIocatioin to Loweiurmm'lhliieiur Municip6lities C:oimpoineint 2: AIIIIIocation to Laind-Elise C-ategoirlies Categorize the ernploynierit grovAh irito to F'opulartiorl- Related, En'7ploynieritLarid arid' Rural Component :IExistliinp EimplloyimentAiwea Poteintliialll Rased on ar7 iriveritory of Accour7tii7gfor Ind supply employment�re� Ini7ds end poter7tial ii7 settlenieilt areas ,��17ployniont Jonsity and rural areas aSSIm7ptioris Coimpoinent : Weed foie Ad dlirtlii oin all Land Includes adjustaierits for servicirig, highway access& visibility, lo,rig terns vacancy arid' niarket coritirigericy Ultimately the purpose of the land needs assessment is to determine whether the County has sufficient lands to accommodate the growth forecasts to 2051. Should the analysis reveal a deficiency in land, the County will need to consider whether there are opportunities for accommodating a higher amount of development as intensification or higher densities, or whether any lands may be appropriate for conversion to other uses to satisfy land requirements. Where appropriate a settlement area boundary expansion may be warranted. Land Needs Assessment 151 06SI B. Vacant Land Supply The County is made up of 7 lower -tier municipalities that collectively contain 52 settlement areas. One of the key steps in the land needs assessment is to determine the current available supply of vacant land in the County. This work has involved a detailed vetting process, including: ■ assessment of the current status of all parcels to confirm whether the land is actually vacant; • removal of land that is unsuitable for development due to rights of way, newly developed parcels, natural heritage, parks, parcels used for public infrastructure, and other encumbrances. This process was undertaken utilizing Google Earth's Pro version that provides the latest satellite imagery for the County; and • detailed consultation and review with local planning staff. Tables 12 and 13 summarize the vacant land supply for residential (community area) and employment area lands in Elgin. Residential lands include lands in both urban and rural settlement areas. About 40% of all vacant residential lands are in Tier 1 (fully serviced) settlement areas. The vacant lands shown in Tables 12 and 13 only represent lands that can be developed ("gross" hectares); all environmentally sensitive lands (in natural heritage systems) have been removed. 15N 5tantec Land Needs Assessment 152 92 Table 12.- Developable Residential Land in Elgin County (gross ha) Tier 1 Settlements Tier 2 Settlements Vacant Land Aylmer 37.5 n/a 37.5 Bayh am 122.8 n/a 122.8 Central Elgin 61.3 81.3 142.6 Dutton/Dunwich 68.1 n/a 68.1 Malahide 0.0 87.5 87.5 Southwold 0.0 108.8 108.8 West Elgin 100.8 n/a 100.8 Elgin County 390.5 277.6 668.2 Source: Hemson Consulting Ltd. based on Elgin County data. About 84% of the total employment land supply is located in Tier 1 and Tier 2 settlement areas, with the remaining 16% being located in rural areas. Of the Tier 1 and Tier 2 supply, 75% is situated in Southwold. These lands will be the focus for future employment land employment. Table 13.- Gross Ha of Developable Employment Land in Elgin Tier 1 & 2 Settlements Rural Areas Vacant Land Aylmer 42.8 0.0 42.8 Bayham 4.0 21.4 25.4 Central Elgin n/a 0.0 0.0 Dutton/Dunwich n/a 0.0 0.0 Malahide n/a 3.7 3.7 Southwold 198.4 0.0 198.4 West Elgin 19.5 25.9 45.4 Elgin County 264.7 50.9 315.5 Source: Hemson Consulting Ltd. based on Elgin County data C. Land Needs Assessment Results: Community Area This section presents the community area land needs assessment results. The first step in the analysis is to translate the population forecasts into a forecasts of households and housing units by structure type. Table 14 EEIM5 1� Stantec Land Needs Assessment 153 106x3 summarizes the distribution of total housing in the County between 2021 and 2051. Table 14.- Housing Allocations, 2021- 2051 2021 2051 Total Unit Growth Aylmer 3,070 4,250 1,180 Bayham 2,260 2,950 690 Central Elgin 5,460 7,910 2,450 Dutton/Dunwich 1,600 2,080 480 Malah ide 3,010 4,280 1,270 Southwold 1,710 2,480 770 West Elgin 2,100 2,480 380 Elgin County 19,210 26,430 7,220 Source: Hemson Consulting In keeping with PPS and County Official Plan policies, most housing growth will be directed to Tier 1 settlement areas, either as intensification within built-up areas or as growth on vacant land in designated growth areas (DGA). A comparatively small share of housing growth is allocated to rural settlements and on scattered lots in rural areas. Table 15 shows the amount of housing growth assumed to occur in each lower -tier municipality as intensification within the existing built-up area between 2021 and 2051. About 16% of units are assumed to be constructed in built-up areas as intensification where no additional land is required to accommodate them. E:E:M:S:ON' 5tantec Land Needs Assessment 154 M1 Table 15.- Housing Growth Through Intensification, 2021 - 2051 Total Unit Growth Intensification Rate Intensification Units Aylmer 1,180 20% 236 Bayham 690 15% 104 Central Elgin 2,450 20% 490 Dutton/Dunwich 480 15% 72 Malahide 1,270 10% 127 Southwold 770 15% 116 West Elgin 380 0% 0 Elgin County 7,220 16% 1,144 Source: Hemson Consulting Table 16 sets out the portion of housing growth —about 8% across the County —that is forecast to be accommodated in rural areas, both within unserviced Tier 3 settlement areas as well as on scattered vacant lots of record outside settlement areas. As with the intensification units, development in the Tier 3 settlement areas and rural areas is assumed to not require any additional land as there is sufficient vacant land already available in those areas. No rural area growth has been assigned to Alymer. Table 16.- New Housing in Tier 3 Settlements & Rural Areas, 2021 - 2051 Total Unit Growth Tier 3 and Rural Share Tier 3 and Rural Units Aylmer 1,180 0% 0 Bayham 690 10% 69 Central Elgin 2,450 10% 245 Dutton/Dunwich 480 10% 48 Malahide 1,270 10% 127 Southwold 770 10% 77 West Elgin 380 10% 38 Elgin County 7,220 8% 604 Source: Hemson Consulting �[HEMSONnteLand Needs Assessment 155 �� (3 Sta 95 Designated growth areas (DGA) are required to accommodate an additional 5,472 units or 76% of the total unit growth (see Table 17). Table 17.- Housing Growth in Designated Growth Areas, 2021 - 2051 Total Unit Growth Designated Growth Area Share Designated Growth Area Units Aylmer 1,180 80% 944 Bayham 690 75% 518 Central Elgin 2,450 70% 1,715 Dutton/Dunwich 480 75% 360 Malahide 1,270 80% 1,016 Southwold 770 75% 578 West Elgin 380 90% 342 Elgin County 7,220 76% 5,472 Source: Hemson Consulting As part of the land needs assessment, a survey of the density of recently constructed housing was undertaken across settlement areas in Elgin to determine the current DGA unit densities. It is noted that the densities used in the land needs analysis are assumed to be slightly higher than what is occurring in recent development. This is in keeping with Provincial and Official Plan policies that seek to promote a more compact urban form and transit -supportive settlement areas. The assumptions are: • for the more urbanized and faster growing communities in Central Elgin and Aylmer, densities of about 27 units per hectare (uph); ■ for recent urban development in other designated growth areas which exhibit slightly lower densities, about 25 uph. Based on the housing unit allocations and density assumptions a "net" community area land need for the designated growth areas is determined for each municipality. Net land needs are then translated into gross (developable) land needs to ensure sufficient land is set aside for public �[HEMSON(3 Sta nteLand Needs Assessment 156 �� lands such as local parks, local roadways, stormwater management facilities, and local schools, as well as lands for population- related employment such as local retail uses. Table 18 summarizes the land requirements for each municipality. Table 18.- Land Required in Designated Growth Areas (DGA) to 2051 Units Allocated to DGA Density (units per net ha) Net Land Need (ha) Net to Gross Assumption Gross Land Need (ha) Aylmer 944 27 35.0 60% 58.3 Bayham 518 25 20.7 70% 29.6 Central Elgin 1,715 27 63.5 60% 105.9 Dutton/Dunwich 360 25 14.4 70% 20.6 Malahide 1,016 25 40.6 70% 58.1 Southwold 578 25 23.1 70% 33.0 West Elgin 342 25 13.7 70% 19.5 Elgin County 15,472 1 26 1 211.0 1 65% 324.9 Source: Hemson Consulting This land need is then compared to the availability of vacant land in Tier 1 and Tier 2 settlement areas to determine the sufficiency of supply. Table 19 displays the results of this comparison. Table 19.- Sufficiency of DGA Residential Vacant Land to 2051 (gross ha) Gross Developable Land Need Vacant Land: Tier 1 Settlements Vacant Land: Tier 2 Settlements Total Vacant Land Sufficiency of Vacant DGA Land Aylmer 58.3 37.5 0.0 37.5 (")0 8) Bayham 29.6 122.8 0.0 122.8 93.2 Central Elgin 105.9 61.3 81.3 142.6 36.7 Dutton/Dunwich 20.6 68.1 0.0 68.1 47.5 Malahide 58.1 0.0 87.5 87.5 29.4 Southwold 33.0 0.0 108.8 108.8 75.8 West Elgin 19.5 100.8 0.0 100.8 81.3 Elgin County 324.9 390.5 277.6 668.2 343.3 Source: Hemson Consulting As seen above, Elgin as a whole has sufficient residential land designated to accommodate the growth forecasts to 2051. The exception is Aylmer, which EI:IM5 1� Stantec Land Needs Assessment 157 97 requires an additional 21 hectares of designated growth area to accommodate its long-term allocation. D. Land Needs Assessment Results: Employment Area This section presents the employment area land needs assessment results. Employment area is generally required to accommodate employment land employment growth. Table 20 sets out the allocation of employment growth by type of employment between 2021 and 2051. Table 21 provides additional details on the employment land employment growth to 2051. Table 20: Total Employment Growth in Elgin 2021- 2051 Population Related Employment Land Rural Total Aylmer 620 850 0 1,470 Bayh am 230 80 290 600 Central Elgin 680 0 550 1,230 Dutton/Dunwich 140 0 250 390 Malahide 510 0 430 940 Southwold 190 1,920 30 2,140 West Elgin 60 500 50 610 Elgin County 2,430 3,350 1,600 7,380 Source: Hemson Consulting EHMSN 5tantec Land Needs Assessment 158 9M Table 21: Employment Land Employment Growth 2021- 2051 2021 2051 Total ELE Growth Aylmer 1,640 2,470 830 Bayham 360 580 220 Central Elgin 1,580 1,860 280 Dutton/Dunwich 110 280 170 Malahide 680 850 170 Southwold 660 2,400 1,740 West Elgin 350 760 410 Elgin County 5,380 9,200 3,820 Source: Hemson Consulting As seen above, the County will need to have sufficient employment land to accommodate 3,820 employment land employment jobs to 2051. A very small portion of these jobs can be accommodated as intensification on existing sites in the Town of Aylmer and Township of Southwold. The land needs assessment assumes that approximately 6.6% of all employment land employment job growth will take the form of intensification (see Table 22). Table 22.- Employment Land Employment Growth as Intensification Total ELE Growth Intensification Rate ELE Through Intensification Aylmer 850 20.0% 170 Bayham 80 0.0% 0 Central Elgin 0 0.0% 0 Dutton/Dunwich 0 0.0% 0 Malahide 0 0.0% 0 Southwold 1,920 2.6% 50 West Elgin 500 0.0% 0 Elgin County 3,350 6.6% 220 Source: Hemson Consulting As well, it is assumed that a portion (14%) of employment land employment growth will occur in unserviced Tier 3 rural settlements and other rural employment lands (see Table 23). E:E:M:S::ON' 5tantec Land Needs Assessment 159 Table 23.- Employment Land Employment Growth in Rural Areas Total ELE Growth Tier 3 & Rural Area Share Tier 3 & Rural Area Jobs Aylmer 850 0% 0 Bayham 80 50% 40 Central Elgin 0 10% 0 Dutton/Dunwich 0 50% 0 Malahide 0 50% 0 Southwold 1,920 10% 192 West Elgin 500 50% 250 Elgin County 3,350 14% 482 Source: Hemson Consulting About 79% of new employment land employment growth is forecast to develop on urban employment lands in designated growth areas (see Table 24). The additional land will need to be either vacant employment area land within urban settlements or newly designated lands. Table 24.- Employment Land Employment Growth in DGA Total ELE Growth Designated Growth Area Share ELE in Designated Growth Areas Aylmer 850 80% 680 Bayham 80 50% 40 Central Elgin n/a n/a n/a Dutton/Dunwich n/a n/a n/a Malahide n/a n/a n/a Southwold 1,920 87% 1,678 West Elgin 1500 50% 250 Elgin County 3,350 79% 2,648 Source: Hemson Consulting The land needs assessment assumes an employment land density of 20 jobs per net hectare in municipalities where lands are generally serviced and between 12 and 15 jobs per net hectare where lands are generally EEIMI� Stantec Land Needs Assessment 160 100 unserviced. The net land need required to accommodate the 2,648 employment land jobs in Tier 1 and Tier 2 settlement areas is shown in Table 25. The net land need set out in Table 25 is translated into a gross land need using a net to gross factor. This provides for long-term vacancy of sites that will not develop due to topographical and/or locational constraints and also accounts for public land needs such as local roads, stormwater management facilities, and other utilities in employment areas. Table 25.- Employment Area Land Need 2021— 2051 Density Land Need to Gross Job Growth on Assumed Accommodate Developable Employment (jobs per net Job Growth Net to Gross Land Need Land ha) (ha) Assumption (ha) Aylmer 680 20 34.2 80% 42.7 Bayham 40 12 3.3 85% 3.9 Central Elgin n/a n/a n/a n/a n/a Dutton/Dunwich n/a n/a n/a n/a n/a Malahide n/a n/a n/a n/a n/a Southwold 1,678 20 83.9 80% 104.9 West Elgin 250 15 16.7 85% 19.6 Elgin County 2,648 19 138.1 81% 171.1 Source: Hemson Consulting Based the analysis above, the County will need 171.1 gross developable hectares of designated employment land to meet the forecast employment land employment growth to 2051. The sufficiency of currently designated employment lands in Elgin is summarized in Table 26. The table shows that the County's employment area land supply is sufficient to accommodate the forecast employment growth, both County -wide and at the local level. The Township of Southwold has a significant long-term supply of vacant employment land. �[HEMSONnteLand Needs Assessment 161 �� (3 Sta 101 Table 26.- Sufficiency of Employment Area to 2051 (Gross Ha) Sufficiency of Vacant Land Vacant Land to Gross Land within Tier 1 & 2 Accommodate Need (ha) Settlements Allocation Aylmer 42.7 42.8 0.0 Bayham 3.9 4.0 0.1 Central Elgin n/a n/a n/a Dutton/Dunwich n/a n/a n/a Malahide n/a n/a n/a Southwold 104.9 198.4 93.5 West Elgin 19.6 19.5 (0, 0 Elgin County 171.1 264.7 93.5 Source: Hemson Consulting E:E:M:S::ON' 5tantec Land Needs Assessment 162 102 5. Conclusions It provides a long-range growth outlook for the County and its lower -tier municipalities and assesses urban land requirements to 2051. It also provides Official Plan policy recommendations to managing growth over the next 30 years consistent with the Provincial Policy Statement, 2020 (PPS). The forecast results show that: ■ The County, which is in the midst of a population growth surge, is set to continue to grow rapidly over the next decade. Although slowing between 2031 and 2051 as the population ages, growth will remain steady until it reaches a permanent resident population of 67,140 and 23,140 jobs in 2051. A major driver of population growth will be in - migration from the London CMA and its environs by young families seeking affordable singled detached homes. ■ The rate of housing growth in the County will outpace the rate of population growth over the next 30 years. The current market preference for single detached homes will shift somewhat towards medium and higher density housing forms as the effect of market demand and PPS policies that encourage intensification, transit - supportive communities, and a more compact urban form take hold. ■ The County remains an attractive location for development in employment areas, particularly those that are located within Tier 1 fully serviced settlement areas with easy access to Highway 401, are close of existing labour pools and existing business clusters, and allow for a range and mix of business activities (in particular, the assembly of large land parcels). The development of vacant employment lands in the Township of Southwold is critical in this respect. �EH:E:m:s::oDN, �tantec Conclusions 163 103 ■ Employment growth in the County will be steady over the period to 2051. Most employment growth will be associated with the development of designated employment areas. However, a significant portion of employment growth will occur in direct response to population growth and in rural settlements and rural areas. An assessment of the land required to accommodate the growth forecasts was undertaken. The assessment concludes that: • The overall community area (or residential) land supply of 668.2 developable hectares is sufficient to accommodate the forecast population growth at the County level to 2051. However, Aylmer requires an additional 21 hectares of designated growth area, equivalent to about 600 new homes, to accommodate its long-term population allocation. Options for dealing with this include: • increasing the required density for development in Alymer. In this respect, it is noted that the assumed densities in the land needs assessment are already higher than densities on recent developed lands; ■ reallocating housing growth away from Alymer to other Tier 1 settlement areas, recognizing that Alymer is the County's largest settlement area and has unique characteristics as a regional service centre that make it a particularly attractive location for housing growth and intensification; and/or ■ expanding the Aylmer settlement area boundary. This process requires more detailed analysis of the feasibility and most appropriate location for expansion, especially in the light of the lack of rural area into which the Town could expand into, and must be undertaken in accordance with PPS policies 1.1.3.8 and/or 1.1.3.9. E:E:M:S::0DNj 5tantec Conclusions 164 104 ■ The County's employment area land supply of 264.7 developable hectares is sufficient to accommodate the forecast employment growth, both County -wide and at the local level. The Township of Southwold has a significant supply of vacant employment land. Based on the growth forecasts and land needs analysis, the following recommendations for managing growth and directing land use to achieve an efficient use of land and settlement pattern are made: • The County Official Plan should be updated to reflect the population, household, and employment forecasts in this report, showing the forecasts to the years 2046 and 2051 by local municipality. • The County should evaluate its Tier 1 settlement areas to determine the extent to which a greater mix and range of uses and residential densities can be directed within these settlements, as required by the PPS. • The County should consider implementing a sub -tier of Tier 1 within the settlement area hierarchy to include settlement areas that could achieve the desired greater mix of densities anticipated by the PPS and outlined in this report which will allow growth and diversity, and increase people's ability to be able to live and work locally. ■ The County should encourage planning and growth management to be integrated with planning for school boards and other public amenities, especially for services that the County does not provide itself. • The County should refine its policies requiring local official plans to include policies for minimum intensification targets, to align with the targets outlined in Table 15 of this report, with consideration to provide higher targets for municipalities with a greater ability to support such intensification due to their size, population growth dynamics, and the amount of vacant or underutilized lands within the settlement area boundary. 50 �tantec Conclusions 165 105 ■ The County should review its CIP programs and provide targeted funding to areas (e.g. priority CIP Areas) where existing vacant and underutilized lands are most prevalent. This can include programs such as those that waive development charges, or cover/reduce application fees for Planning Act a p p rova I s. ■ The County should encourage local municipalities to create minimum density requirements for intensification and redevelopment applications, in addition to minimum requirements for applications in designated growth areas (i.e. greenfield development). Additionally, the County should review the OP for other potentially restrictive policies that present an indirect barrier to infill development (such as misaligned parking requirements, restrictions on housing types within residential areas, and overly descriptive compatibility requirements regarding shadowing, setbacks, or lot coverage). ■ The County should update its second unit policies to reflect the current PPS. ■ The County should consider including policies within its tiered settlement area hierarchy to outline that the diversity of uses (residential, commercial, institutional, community, open space, etc.) that are planned or available, in addition to the level of hard infrastructure/physical services, as a way to distinguish between settlement areas. ■ The County should encourage local municipalities to determine the feasibility and appropriate location of currently designated employment lands, as part of their respective official plan updates and secondary planning processes to meet the requirements of PPS Policy 1.3.2.2. ■ The County should consider including policies within the requirements for growth in designated growth areas that support the development of complete communities. E O Stantec Conclusions 166 106 ■ Tier 3 settlements should be recognized as prime locations for directing agricultural supportive and rural economic development land uses, such as agriculture- related commercial and industrial uses and agri-tourism or other value-added agricultural activities. 0 �tantec Conclusions 167 107 Appendix A Detailed Forecast Results Appendix A 168 m rn 0 1-1 LO O N O L7 Q U W x O LL O z_ C3 J W U- O H z O U z _O Q J d O d J Q O O7 J W x O7 Q U W x O U- 0 W J Q W 0 o o Ln In tb � co O .-{ LC) LO O N 00 N N O N 00 N CO Ls) Lo O Oo O1- O �. O M O M C"J N CO (� d' tb 01 O LO pp O N 00 N N O N (-- N Lo d' Lo O OM O CD CD N �. QD O I� � d0' .-{ Lo CO tb d0' d' (O\J Ln ++ N O N 00 .-{ N 6) P-: N Lo d' Lo nj O R U N O M CD 00 M O N N O N Lo d' Lo O O N M tb Ln 0-)O r (� 6) O O N tb d' O M LO r-- O N (-- O N tb Lo N Lo d' Lo r� LO O O O O O O O p O N 00 M M M N d' (-- 0-) O O Lo M d' N M O O N (-- O N 00 d' N Lo d' Lo Ln LO O O O O O O O p N N O co I- In N 01 0) O tb 0-) (0 N � N CY) N N N M LO O O O O O O O p p N N LO U U) N N O tb O O O Lo O 61 O N O (V CO O 00 0-) O O M Lo p (NJ p� p' LO OCO O OG' O OO O CD CD O O M .-{ CO N M Cl) 10 O N N LO O O O O O O OO N O Ln O M CO CO 00 CO O N CO cr P- N N d' M t,C) On � C O v ca d +�+ I� m T m ) � a Q W Z U O =3 cn 0 0 D w co N O U bA W .-{ O O O O O O O p N d' M N N N N M N rj O i-I N CD CD CD CD CD CD Lo CO O d' O O O CO � � N Lo Ln to N N N d N O N CO O O O O O O O p m N M d N O N in .-{ O O O O O O O p d' CO 61 N Lo d' CO m LSD I� N N O M N O O U- N CO O O O O O O O p M N Lo (-- O N O � W N N M N O N p M O CO 61 N O M CO O p N N O N CNO O(V O� 00 (D O 00 m p N � Ln 00 N C) O N O O O O O O p N ,C-` 61 � CY) i N N N OD N � � O N CO O O O :..� 4= IX .:w l : 7 00 i 00 R C) U _ .O N O O O D 1' " O Dw",gip N .-{ O M- CJ co .-{ iS7 N N 1.1 O O N OM On 00 QO O t W (O\J N �. 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Identify and Allocation Population, Housing and Employment Projections Where land use planning is conducted by an upper -tier municipality, such as Elgin County, the upper -tier municipality, in consultation with the local municipalities, is required to identify and allocate population, housing and employment projections for the local (lower -tier) municipalities in accordance with 1.2.4 (a) of the Provincial Policy Statement (PPS). As discussed in previous sections of this report, sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years (PPS 1.1.2). The report forecasts growth to 2051 (over a 30-year time horizon) to support decisions regarding infrastructure, public service facilities, and employment areas — all of which can be planned for beyond the 25-year time horizon. Connecting this Provincial requirement to the updates to the Elgin County Official Plan (ECOP), based on Hemson's findings and local municipal consultation, the following forecasts can provide the basis for managing growth to 2046 (for housing and residential/community areas) and to the year 2051 (for employment areas, infrastructure, and public service facilities). Based on an assessment of trends, the population of the County (excluding St. Thomas) is forecast to increase from 53,290 in 2021 to 67,150 in 2051. This growth is allocated across the County as follows: Appendix C 186 126 Population Year 2021 .-. 2046 2051 (n Aylmer 7,920 10,220 10,760 a� = Bayham 7,300 8,300 8,560 Central Elgin 14,090 x =a 17,760 18,330 Q Dutton/Dunwich 4,260 4,950 5,100 Malahide 9,570 12,300 12,800 Southwold 4,980 5,840 6,040 c West Elgin 5,170 5,500 5,560 ¢ Total 53,290 64,870 67,150 Households Year 2021 .-. 2046 2051 (n Aylmer 3,070 4,040 4,250 a� = Bayham 2,260 2,820 2,950 Central Elgin 5,460 X 7,510 7,910 =a Dutton/Dunwich 1,600 Q 1,990 2,080 Malahide 3,010 4,070 4,280 Southwold 1,710 2,310 2,480 c West Elgin 2,100 2,420 2,480 ¢ Total 19,210 25,160 26,430 � H:E:M: :S EDON �C Appendix C 187 tante 127 Employment Year 2021 .-. 2046 2051 (n Aylmer 3,560 4,760 5,020 a� = Bayham 1,590 2,090 2,180 Central Elgin 4,070 x =a 5,160 5,290 Q Dutton/Dunwich 1,340 1,670 1,720 Malahide 2,110 2,940 3,050 Southwold 1,570 3,550 3,720 c West Elgin 1,530 2,010 2,150 ¢ Total 15,770 22,180 23,130 The County is also responsible for identifying areas where growth and development will be directed, including the identification of growth nodes and the corridors linking these nodes (1.2.4 (b)). The Elgin County Official Plan (ECOP) Schedule `A' Land Use and Section B2 of the ECOP directs that the majority of growth be planned to occur in the settlement areas in the County that are on full municipal services and establishes a hierarchy of settlement areas. These land use patterns are also intended to align with the policies of PPS 1.1.1 and 1.1.3.2, which state: 1.1.1 Healthy, liveable, and safe communities are sustained by: a) Promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long-term; b) Accommodating an appropriate affordable and market -based range and mix of residential types (including single -detached, additional residential units, multi -unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), HI=SO in saC Appendix C 188 128 institutional (including places of worship, cemeteries, and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) Avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) Avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in these areas which are adjacent or close to settlement areas; e) Promoting the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investment, and standards to minimize land consumption and servicing costs. 1.1.3.2 Land use patterns within settlement areas shall be based on densities and a mix of land uses which: a) efficiently use land use resources; b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; c) minimize negative impacts to air quality and climate change, and promote energy efficiency; d) prepare for the impacts of a changing climate; e) support active transportation; f) are transit -supportive, where transit is planned, exists or may be developed; and a) are freight -supportive. � H:E M E ON tante �C Appendix C 189 129 With the results of the forecasted population, household, and employment growth determined by Hemson, it is required that the ECOP identify and allocate growth in accordance with the PPS to the settlement areas of each local municipality. Therefore, as part of the OP update, the existing settlement areas can be re -visited and evaluated to determine how growth should be directed in a manner that meets the intent of the guiding Provincial policies (e.g. accommodating a mix of uses and residential densities), as well as the recent/projected growth trends (e.g. the need to encourage housing for more seniors), to implement PPS 1.2.4 (b) that states that the upper -tier shall "identify areas where growth or development will be directed, including the identification of nodes and the corridors linking these nodes". The current OP states that it is the County's policy "to ensure that at all times, the County has a 20 year supply of serviced residential, employment and commercial land, in intensification areas, and designated growth areas, and in the right locations". There are currently eleven (11) Tier 1 settlement areas identified within the County which are distinguished by their relatively large population size and presence of full municipal services (water and wastewater). There may be a desire, however, during the planning horizon to identify sub -tiers within this settlement area hierarchy to direct higher density growth (e.g. mid -rise apartments) and a greater mix of uses (e.g. community serving uses where population -related employment is required to create complete communities). This approach could serve two purposes: 1. To create greater certainty within the development community and public that plans for new growth (infill or greenfield development, when/if forecasts allow) could be accommodated, if appropriate municipal review processes were undertaken; 2. To help lower -tier municipality target planning for infrastructure improvements, public service facilities, transportation and pedestrian networks, parks and open spaces, and other community assets that increase quality of life for existing and future residents and attract HOB(3S,aC Appendix C 190 130 investment. Community consultation and engagement should be undertaken to determine where targeted higher density growth could be allocated consistent with current OP policy. Recommendation No. 1 It is recommended that the County Official Plan be updated to reflect the current population, household, employment/job forecasts in the Hemson Report, showing the forecasts to the years 2046 and 2051, by local municipality. Target policy updates: A2/B2.2/B2.4/B2.1.2 The preamble to the sections regarding growth management should be updated to indicate the 25 year planning horizon, and allocated growth to that new timeframe. Additionally, the summaries to allocate growth to local municipalities (west growth in relation to central/east, etc.) can reflect the findings of the Hemson report. Recommendation No. 2 It is recommended that the County evaluate its Tier 1 settlement areas to determine the extent to which a greater mix and range of uses and residential densities can be directed within these settlements, as required by the PPS. The County should consider implementing a sub -tier of Tier 1 within the settlement hierarchy to include settlement areas that could achieve the desired greater mix of densities anticipated by the Province and outlined in the Hemson report which will allow growth and diversity, and increase people's ability to be able to live and work locally. Target policy update: Schedule A Within the County's OP Land Use mapping (Schedule A), a fourth tier could be provided for (i.e. Tier 1A) where the highest concentration of the diversity of land uses is to be achieved and future growth can be EH:E:M::SDON' �C Appendix C 191 tante 131 directed as appropriate. Even having one settlement area per local municipality identified as a Tier 1A or 3-4 across the County, could help scope where the County intends to provide higher density housing (e.g. small apartments, retirement homes, multi -residential condominium communities, secondary suites as examples) ensuring that there is appropriate hard and soft infrastructure to support these uses. Furthermore, municipalities can plan for industrial/employment growth beyond the 25 year time horizon; therefore, refining where higher density growth is intended beyond the 25 year horizon can be integrated with planning for employment lands and future employment land employment (ELE), which can be designated when deemed necessary. B. Promoting Intensification and Redevelopment Locating new growth where existing infrastructure to support it, and the promotion of intensification and redevelopment projects are key considerations for Elgin County's role in managing and directing growth. Housing occupancy patterns in Hemson's findings indicate a demand for higher density housing (e.g. apartments) for those in their early 20s and very low for other age groups, though it begins to rise for older adults. This suggests that the range and mix of housing, particularly in the larger settlement areas such as Aylmer, Port Stanley, and Belmont is somewhat limited. The vast majority of apartment construction in the County has taken place in Aylmer (83%). Table 15 of the Hemson report, however, identifies Malahide, Southwold, and Central Elgin (along with Aylmer) as locations where more density and intensification can be supported within the existing settlement areas. The report also recognizes the role of Central Elgin and Aylmer/Malahide in accommodating most of the forecasted housing growth. There are noted demographic shifts anticipated that will serve to influence the types of EHON �t � �C Appendix C 192 132 housing, and the locations of those homes, that people would consider and be attracted to. For instance, there is a significant increase in migrants to the County, including: ■ Increase in those coming into Elgin in their late 20s and early 30s who are forming new households and purchasing their first home with young children. A doubling of the 0-4 age cohort is forecasted, and these children will soon be of school age. Therefore, ground -oriented housing where schools are planned or available is required. ■ Increase in those coming into Elgin between their later 40s and early 60s, of whom older adults may be downsizing in home type and looking for more access to outdoor amenity spaces (trails, parks, etc.) and seeking active retirement lifestyles. Multi- residential condos and the full range of seniors' residences would be a desirable housing form for these groups. ■ There is a projected continued trend of out -migration of young adults in their late teens and early 20s seeking job training, post -secondary education and employment in larger centres. There may be a desire to provide higher density student housing for surrounding local colleges and training centres, or satellite training centres, in an effort to ensure young adults can afford to stay in the communities of Elgin. Under the PPS, planning authorities are encouraged to permit and facilitate a range of housing options, including new development as well as residential intensification, to respond to current and future needs. Within settlement areas, sufficient lands are to be made available through intensification and redevelopment and, if necessary designated growth areas. Therefore, Hemson's evaluation of intensification potential should be considered first, before new designated growth areas are considered for inclusion in an urban growth boundary. Policy 1.1.3.3 of the PPS guides intensification. It states: 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for transit -supportive development, accommodating a EI:OIN (3tante �C Appendix C 193 `Edc3 significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. In areas of Ontario where transit does not currently exist, this policy still applies as the definition of transit -supportive means "development that makes transit viable... It often refers to compact, mixed -use development that has a high level of employment and residential densities" and that intensification locations should be planned considering the availability of suitable hard and soft infrastructure needs. With local municipal involvement to review and provide feedback on Hemson's report, it is anticipated that each Tier 1 settlement area's infill and intensification growth potential lands were considered to have available or planned infrastructure to create the targets identified in Table 15 to meet PPS 1.1.3.3. Ensuring planning for infrastructure is integrated with growth management is further explored in subsequent sections. PPS policy 1.2.4 (c) requires that Elgin will "identify targets for intensification and redevelopment within all or any of the lower -tier municipalities, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted [in accordance with the comprehensive review requirements of the PPS]." Currently, the County OP supports the residential intensification and redevelopment within settlement areas, where an appropriate level of physical services is or will be available in the foreseeable future. In this regard, the County currently requires that 15 percent of all development occur by way of residential intensification and redevelopment, as outlined in the 2015 OP. As part of the update, the County can determine alternative EHON � C Appendix C 194 134 (i.e. higher) targets for intensification. Targets for redevelopment are less predictable, as they involve assessing the existing housing stock and landowner intentions for their sites. However, redevelopment, as well as measures such as brownfield remediation or building conditions assessments that seek to support redevelopment activities, can be encouraged through incentive programs like community improvement plans. Furthermore, local municipalities can also require density targets for redevelopment or infill projects that are in excess of their existing densities but still serve to maintain the character of the surrounding neighbourhood. Recommendation No.3 It is recommended that the County encourage planning and growth management to be integrated with planning for school boards and other public amenities, especially for services that the County does not provide itself. Target policy updates: B2.8 The policies for considering new development applications currently consider schools and community uses as complementary uses that should be evaluated in advance of permitting development, as outlined in E1.2.3.5. In addition, these public amenities could be planned for and integrated into the locational criteria for settlement expansions and help to dictate a re-evaluation of the settlements and their allocated tier in the settlement hierarchy. Recommendation No. 4 It is recommended that the County refine its policies requiring local official plans to include policies for minimum intensification targets, to align with the targets outlined in Table 15 of Hemson's report, with consideration to provide higher targets for municipalities with a greater ability to support such intensification due to their size, population growth dynamics, and amount of vacant or underutilized lands within the boundary. EHON � C Appendix C 195 135 Target policy update: C1.3.2 The general policies of the OP current state that residential intensification and redevelopment within settlement areas, where an appropriate level of physical services is available or planned, will be supported: "In this regard, the County will require that 15% of all development occur by way of residential intensification and redevelopment". As Table 15 shows, the growth forecasts assume different intensification rates in each local municipality, with the Elgin County average assumed to be 16%. Of note, the highest intensification rates can be supported in local municipalities where there is a greater share of the County's growth anticipated (e.g. Aylmer with a 0.8% projected growth rate; and Central Elgin with a 0.7% projected growth rate). Therefore, the County may desire to promote intensification in those areas to a higher target (i.e. 20%) in order to meet the overall County average. This would also serve to create opportunities for higher density housing in locations where there is existing infrastructure and public services to support such uses and attract aging Elgin County residences who may be seeking opportunities to downsize while remaining in close proximity to their communities. Recommendation No.5 It is recommended that the County review its CIP programs and provide targeted funding to areas (e.g. priority CIP Areas) where existing vacant and underutilized lands are most prevalent. This can include programs such as those that waive development charges, or cover/reduce application fees for Planning Act a p p rova I s. Target policy/program update: F6.1 (i) & Local OPs The community improvement plans (CIPs) of local municipalities, as well as the County's, can use Hemson's findings to inform, update, and refine their CIP programs to a. better define the "target areas" for EI:OIN (3tante �C Appendix C 196 136 promoting intensification (F6.1 (i)) and b. ensure programs provide incentive to redevelopment of a property (in addition to repurposing of existing buildings). The marketing of such CIP programs is also key in encouraging and supporting redevelopment activities. Recommendation No.6 It is recommended that the County encourage local municipalities to create minimum density requirements for intensification and redevelopment applications, in addition to minimum requirements for applications in designated growth lands (i.e. greenfield development). Additionally, the County should review the OP for other potentially restrictive policies that present an indirect barrier to infill development (such as misaligned parking requirements, restrictions on housing types within the residential areas, and overly descriptive compatibility requirements regarding shadowing, setbacks, or lot coverages). Target policy update: E. 1.2.3.5 c) The OP currently identifies that there is a requirement for "the density of the development [to be] appropriate for the area". This policy could provide more direction by applying a unit per hectare (uph) minimum requirement and better defining what an appropriate density and design would be for new development to follow. This minimum could be different for residential intensification projects (e.g. re -building within the built up boundary) vs. greenfield development (or growth that is expanding the existing built-up area of the community), as infill and redevelopment tends to have more considerations for maintaining the existing community character and therefore potentially lower density targets. � H:E:M: :S E DON tante �C Appendix C 197 137 C. Second Units/Suites Along with residential intensification, a type of gentle density is second units, as they can be located within an existing home with very little exterior evidence of their added density. The County has provided policies to direct local Official Plans to be permissive of second units in detached, semi- detached, row houses and ancillary structures, as noted in C1.3.2 of the County OP. That said, these units typically would not be part of the overall intensification and redevelopment target, as the density is not typically calculated in the density requirements. Therefore, if Elgin establishes stronger density requirements as part of the update to the OP, there should be a clarification included within the second unit policies to note this. Also, there could be high-level guidance included in the OP to provide direction to local municipalities. Recommendations No.7 It is recommended that the County update its second unit policies to provide additional clarity. Target policy update: C1.3.2 The current policies can provide clarity to note the following: ■ Whether mobile homes are permitted as a second unit; ■ Whether a garden suite is permitted as a second unit; • That there are only two permitted per property (one within the primary structure; and one within an ancillary/accessory structure); • They are not permitted on or adjacent to any hazards/hazard lands (such as flood -prone areas); • They must meet the Ontario Building Code, Fire Code, and any applicable Property Standards By-law; EONin state n�C Appendix C 198 138 ■ That local municipalities are permitted to create regulations for second units as established through local Zoning By-laws. D. Land Use Patterns and Settlement Area Hierarchy Settlement areas take many forms within municipalities and can include cities, towns, villages, and hamlets — those with more urban or rural characteristics within a municipality. In provincial policy, settlement areas are described as areas that are: a) built up areas where development is concentrated, and which have a mix of land uses; and b) lands which have been designated in an official plan for development over the long-term planning horizon provided for in policy 1.1.2. In cases where land in designated growth areas is not available, the settlement area may be no larger than the area where development is concentrated. To more fully understand b), `designated growth area' are defined by the PPS as lands within settlement areas designated in an official plan for growth over the long-term planning horizon provided in policy 1.1.2, but which have not yet been fully developed. Designated growth areas include lands which are designated and available for residential growth in accordance with policy 1.4.1(a), as well as lands required for employment and other uses. Furthermore, `designated and available' means lands designated in an OP for urban residential use. For municipalities where more detailed official plan policies are required (e.g. secondary plans) before development applications can be considered for approval, only lands that have commenced the more detailed planning process are considered to be `designated and available' under this definition. � H:E:M: :S E DON �ate t��C Appendix C 199 139 Therefore, designated settlement areas within Elgin County must support a mix of land uses and be able to demonstrate that they are able to support (through servicing and potentially secondary planning) the mix of uses. Settlement areas are often classified within municipal official plans to identify communities where there is an existing efficient use of lands and resources, with planned or available infrastructure and public service facilities to support additional growth. Within Elgin County, there are 47 settlement areas identified', and their classification within a three-tier structure is largely based on the types of hard infrastructure that supports their growth. Other factors that can be used to determine and classify the types of settlement areas within Elgin can include size, density, population, economic activity, diversity and intensity of land uses, and service levels (e.g. soft services) that are existing or planned for each community. Therefore, the classifications of settlement area tiers within Elgin could be more descriptive to aid local municipalities in determining both their existing and desired forms and functions of each settlement area. For instance, if no employment/industrial growth is anticipated or feasible, the likelihood of attracting additional residential growth minimizes. Recommendation No.8 It is recommended that the County consider including policies within the descriptions of their tiered settlement area hierarchy to outline that the diversity of uses (residential, commercial, institutional, community, open space, etc.) that are planned or available, in addition to the level of hard infrastructure/physical services, as a way to distinguish between settlement areas. 1 There is a discrepancy in the total number of settlement areas within the County of Elgin. There are 49 stated in the current Official Plan text (Section B2.4b)) and 52 listed on Schedule A of the Official Plan. This is due to some duplication where settlement areas overlap local municipal boundaries. Appendix C 1 100 140 Target policy update: B2.5 d) The descriptions of the Tier 1 settlement areas describe these areas as locations "to be central communities where a range of uses and opportunities are and can be provided". Refined policies can more clearly articulate that the broadest range and mix of uses and densities can be accommodated in these settlements, creating settlements with the most diverse uses. The Tier 2 description should also speak to a range and mix of uses, since there is some growth allocated/anticipated for certain settlements. Furthermore, an assessment could be completed during each local municipal official plan to evaluate the residential, commercial, industrial splits of each settlement area to determine if they can support a mix of uses, and if not, use village core and/or mixed use zones where they plan to locate community uses or mixed use buildings. Alternatively, there may be a desire by a local municipality to re -direct their residential land allocation from partially serviced settlement area(s) to a settlement area with planned or available services. Malahide, Southwold, and Central Elgin are currently in a position where there is more growth potential within the designated growth areas of partially serviced settlement area than there is in their Tier 1 settlement areas. This provides a challenge to the development community as it allocates growth to areas where there is uncertainty as to whether future supporting uses (such as schools, community areas, neighbourhood servicing commercial uses, etc.) are, or can be, planned due to constraints in services. In turn, this makes potential development projects in partially serviced areas less viable as many buyers look to features like access to schools, employment, and recreational opportunities as key selling features when marketing new housing options. This distribution of growth areas will result in distributed development at generally lower densities and limited EON (3tante �C Appendix C 1 101 141 opportunities for the development of a range and mix of housing types. Dispersing growth between a number of smaller settlement areas makes it more challenging to provide community facilities and services in a cost-effective or sustainable manner. Significant amount of investment into land is required for areas where servicing and designations are not pre -determined through local area policies and schedules, so providing a high number of settlement areas as Tier 2 growth nodes, where servicing could be constrained, would deter new development and/or investment into the communities of Elgin County. Furthermore, with Hemson forecasting more seniors and children than previously seen in Elgin, maintaining and maximizing opportunities for safe active transportation (e.g. walkability) to these key amenities from new housing growth will be key to quality of life for future residents. This can be provided for more cost-effectively by municipalities when there is an increase in the range and mix of uses and densities, as key amenities are in closer geographic proximity. The following section discusses the PPS option to re-evaluate the settlement area boundaries to support growth in key nodes. E. Directing Settlement Expansions for Community Uses PPS Policy 1.3.8, states that the County is responsible for directing settlement area expansions of the local municipalities through the framework for a study called a comprehensive review. A comprehensive review is "based on a review of population and employment projections and which reflect projections and allocations by upper -tier municipalities". Therefore, Hemson's land needs assessment (Chapter 4) serves as the basis for any municipality within the 25 year time horizon seeks to expand their settlement area boundary to create additional designated growth lands. EHON �t � �C Appendix C 1 102 142 The Hemson analysis, as summarized in Table 19, shows the gross land need, with the available vacant lands in each municipality's Tier 1 and Tier 2 settlements. Based on their findings, there is only one municipality with insufficient vacant land to accommodate their allocated community growth — Aylmer, which requires 21 gross hectares of designated growth area lands within the 30 year planning horizon. The following PPS policies guide the expansion and change to settlement areas within Ontario: 1.1.3.8 A planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a) sufficient opportunities to accommodate growth and to satisfy market demand are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; b) the infrastructure and public service facilities which are planned or available are suitable for the development over the long term, are financially viable over their life cycle, and protect public health and safety and the natural environment; c) in prime agricultural areas: 1. the lands do not comprise specialty crop areas; 2. alternative locations have been evaluated, and i. there are no reasonable alternatives which avoid prime agricultural areas; and ii. there are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas; EI:OIN (3tante �C Appendix C 1 103 143 d) the new or expanding settlement area is in compliance with the minimum distance separation formulae; and e) impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible. In undertaking a comprehensive review, the level of detail of the assessment should correspond with the complexity and scale of the settlement boundary expansion or development proposal. 1.1.3.9 Notwithstanding policy 1.1.3.8, municipalities may permit adjustments of settlement area boundaries outside a comprehensive review provided: a) there would be no net increase in land within the settlement areas; b) the adjustment would support the municipality's ability to meet intensification and redevelopment targets established by the municipality; c) prime agricultural areas are addressed in accordance with 1.1.3.8 (c), (d) and (e); and d) the settlement area to which lands would be added is appropriately serviced and there is sufficient reserve infrastructure capacity to service the lands. For Aylmer to expand its current boundary, there would need to be a comprehensive review, as part of the local 5-year official plan review to evaluate lands surrounding their current boundary and allocating growth accordingly. The challenges within the Town of Aylmer for meeting the provincial requirements are the existing constraints on water and wastewater systems, and their current ability to be `suitable for the development over the long term' and be `financially viable over their life I�I:ON tante �C Appendix C 1 104 144 cycle'. With only 20 hectares (50 acres) allocated for in growth, there may not be a viable servicing solution without major and/or costly system upgrades. Furthermore, with development taking place in a piecemeal fashion (such as 20 hectares at a time) it is difficult for the municipality or developer to plan for other community infrastructure that may support the development, such as stormwater management areas, walking paths and trails, road networks, and commercial shopping areas. The PPS does not prohibit planning for infrastructure beyond 25 years (under Policy 1.1.2); although, planning that there will be enough residential lands to support that infrastructure cannot be easily projected. The following represents the options for the County to consider when support the Town of Aylmer in addressing its land supply deficiency. There could be one or multiple options chosen to address the current challenges facing the Town's land constraints: 1. Reduce the overall number of Tier 1 settlement areas within the County. This would serve to provide more certainty that the Town of Aylmer is one key location that is intended to support a mix of uses and densities, and could serve their efforts to expand their servicing capacities in advance of growth, with clearer knowledge that they are not competing with a high number of other Tier 1 settlements. 2. Re -allocate Tier 2 vacant lands from other municipalities (e.g. Southwold, Central Elgin, and/or Malahide) based on considerations such as avoidance of the highest priority agricultural soils. These settlements are partially serviced and can only support limited growth in the form of infill and minor rounding out of their settlement area. 3. Re -allocate Tier 1 vacant lands from other municipalities based on those with the greatest supply of lands (e.g. Bayham, Southwold, and/or West Elgin). � H:E:M: :S E DON tante �C Appendix C 1 105 145 4. Elevate only the Town of Aylmer to a Tier 1A settlement area, as outlined in Recommendation No. 2. This would serve to position the Town as a key growth node for the County, recognizing its important function as a regional service area. 5. Under PPS policy 1.1.3. 9, allow for Aylmer to re -locate all existing vacant lands (37.5ha) and their land need (20ha) to one location. This would allow for easier planning of community infrastructure when the servicing becomes feasible, but may not be a solution in and of itself. Currently, there may be a significantly sized parcel of residentially - designated lands that could only be accessed by constructing roads through a natural heritage system component. 6. Under PPS policy 1.3.2.4, allow for the conversion of lands within employment areas to residential uses, as there is an oversupply of employment lands in the Town of Aylmer. This also may not be a solution in and of itself, and may need to be combined with another option above, as there is a limited supply of employment lands in Aylmer as well. With greater certainty that future development (beyond 2051) will be allocated to it, the Town would have increased flexibility to allow its municipal boundary to expand (based on discussions with Malahide) in advance of the planning/settlement area boundary. This would likely result in lands within an urban fringe area or agricultural uses within the Town. A solution to this would be for a clear policy framework within any lands not designed for growth (e.g. not `designated growth areas' under the PPS) could not be developed on unless full municipal services were provided and restrictions to intensive agricultural uses (e.g. livestock farming) may be introduced to minimize land use conflicts on the urban/rural boundary. I�I:ON tante �C Appendix C 1 106 146 F. Managing and Directing Employment Land Growth Employment land related growth based on Hemson's finding indicate that about 7,500 new jobs will be created in the next 30 year period. With their analysis, it was determined that the Tier 1 and Tier 2 settlement areas would need 192.2 gross hectares of designated employment lands to meet the forecasted employment land employment growth to 2051. This demand can be met on a County -wide basis as well as at the local level. The County role in employment land planning is to ensure that municipalities have the tools (such as these projections) to plan for, protect and preserve employment areas for current and future uses and ensue that the necessary infrastructure is provided to support current and projected needs (PPS, Policy 1.3.2.1). The current sufficiency of employment lands in Southwold is located near an exit on a provincial highway, in proximity to the intersections of County Roads, and follows an existing, active rail line. Furthermore, it is located proximate to a major warehousing fulfillment centre for Amazon, which may provide additional spin-off economic growth along the corridor. Forward looking, there is an anticipated faster rate of job growth in the County, reflecting the needs of a growing local population and the rejuvenation and development of key employment areas in urban centres and along the highway 401 corridor. The County can also play a role in supporting local official plans to ensure that the employment areas identified at the lower -tier is appropriate to the planned function of the employment area (PPS, Policy 1.3.2.2). For instance, if heavy industrial uses are planned, ensuring appropriate buffering and mitigation potential from planned residential uses. Alternatively, if smaller, agricultural -based industries are expected, ensuring designated lands are located near agricultural -supportive roadway networks, etc. An assessment of the County's employment land needs can identify current land use trends while providing an opportunity to align County economic development goals with employment land supply and policies. Appendix C 1 107 147 Recommendation No. 9 It is recommended that the County encourage local municipalities to determine the feasibility and appropriate location of currently designated employment lands, as part of their respective official plan updates and secondary planning processes to meet the requirements of PPS 1.3.2.2. Target policy update: C1.1.3 Ensure that there is an objective of the Plan to work with local municipalities during their respective official plan reviews to assess their current employment areas, including their location, sizes, access to and quality of higher order road networks, etc. This will serve to ensure that the marketability of the employment lands meets the desired types of employment, and evolving industry trends. G. Long-term Economic Prosperity & Recognizing Rural Growth In addition to the need to protect and preserve employment areas for employment land employment, such as industrial jobs, the PPS also required municipalities to support the long-term economic prosperity of communities by promoting opportunities for economic development and community investment -readiness and encouraging residential uses to respond to dynamic market -based needs and provide necessary housing support and range of housing options for a diverse workforce (PPS 1.7.1 (a,b)). Housing options are defined in the PPS as a range of housing types such as, but not limited to single -detached, semi-detached, rowhouses, townhouses, stacked townhouses, multiplexes, additional residential units, tiny homes, multi- residential buildings. The term can also refer to a variety of housing arrangements and forms, such as but not limited to life lease community homes, co-operative housing, community land trusts, land lease community EHON �t � �C Appendix C 1 108 `CE:3 homes, affordable housing, housing for people with special needs, and housing related to employment, institutional or educational uses. Other important factors in the long-term economic prosperity are to maintain and, where possible, enhance the vitality and viability of downtowns and main streets, and well as, encouraging a sense of place, by promoting well -designed built form and cultural planning. The high activity rate in Aylmer, at 45%, can be a useful indicator of how `complete' a community is, as residents have an opportunity to work near where they live. This is further demonstrated by the commuting patterns outlined in the Hemson report. Aylmer has the lowest percentage of their population commuting out at only 35%, whereas Bayham, Central Elgin, and Malahide all have over 60% of the working population commuting out of the municipality for work. Aligning population -servicing uses and job growth with residential growth is a key consideration in the official plan review of the County as well as the local municipalities. Therefore, including policies in the OP that speak to any new development within a designated growth area ensuring that appropriate community services are provide would be recommended during the update. Recommendation No.10 It is recommended that the County consider including policies within the requirements for growth in designated growth areas that support the development of complete communities. Target policy update: B2.6 The descriptions of the policies that direct growth in the designated growth areas of Elgin should include the following language: ■ The new development area will provide for and identify locations of various proposed land uses including parks and open spaces, HI=SO J Stantec Appendix C 1 109 149 schools and community facilities and commercial area(s) intended to equitably meet the day to day needs of the residents, and • The new development will provide roads and pathways that support all modes of active transportation and vehicular movement, considering access points, and design. Tier 3 settlement areas within the County also play an important role in providing rural clusters of uses that are necessary to support rural job growth and rural populations and households. These areas can also play a primary role in providing areas where agri-tourism can be located in a manner that results in less impacts to primary agricultural production since these areas often have historic, reduced parcel sizes, can be located at key intersections, lower speed limits on traffic, and existing clusters of agricultural -related businesses (ag-commercial or rural -based industrial). Uses that may make up the agriculture -related or on -farm diversified land uses that are permitted in the agricultural areas could be ideally positioned for location in Tier 3 settlement areas. With infilling and minor rounding out permitted within Tier 3 settlements to support growth, it may be advantageous for local municipalities to assess if any existing lots could be targeted for agricultural -business uses or agri-tourism uses. Recommendation No. 11 It is recommended that Tier 3 settlements are recognized as prime locations for directing agricultural supportive and rural economic development land uses, such as agriculture- related commercial and industrial uses and agri- tourism or other value-added agricultural activities. Target policy update: B2.5 The text related to Tier 3 settlement areas could be updated to reflect that development resulting in on -farm diversified uses or agricultural - related uses, subject to the applicable policies of this OP, would be encouraged to be located in Tier 3 settlements, as there may be mutual benefits found with clustering such growth. EON (3tante �C Appendix C 1 110 150 REPORTS OF COUNCIL AND STAFF June 28, 2022 Council Reports — ATTACHED Warden French — SCOR EDC Shortline Rail (Walk -On) Councillor Purcell —Terrace Lodge Redevelopment — 2022 Mid -Year Update Councillor Giguere — Terrace Lodge Redevelopment Fundraising Committee Appointment Staff Reports —ATTACHED Director of Human Resources — HR Policy: 10.50 Mileage Director of Human Resources — HR Policy: 2.20 Dress Code Director of Homes and Seniors Services — Consultant Agreement — Long -Term Care Transition Coordinator — Single Source Procurement Director of Homes and Seniors Services — Homes — Long -Term Care Homes Quality Improvement Plan (QIP) — 2022 -2023 Submission to Health Quality Ontario Director of Finance — 2022 Borrowing By -Law Interim Manager of Economic Development & Tourism — 2022-2025 Economic Development and Tourism Strategy Manager of Administrative Services/Deputy Clerk — Elgin County Affordable Housing Summary Legislative Services Coordinator — Council Chamber Renovations and September Meeting Date(s) General Manager of EPE/Deputy CAO — Traffic Signal Modernization — Contract Award General Manager of EPE/Deputy CAO — Request to fill in the Bennett Municipal Drain— Pioneer Line, Village of Dutton General Manager of EPE/Deputy CAO — Request to Extend Reduced Speed Zone — Village of Springfield General Manager of EPE/Deputy CAO — Draft Plan Approval, Plan of Subdivision, Part of Lot 123, Concession North of the Talbot Road, Geographic Township of Bayham, County of Elgin Applicant: CJDL Engineering Ltd. Owner: 1985763 Ontario Ltd. File No.: 34T-BY2101 General Manager of EPE/Deputy CAO — Elgin (County) / Execulink Telecom Inc. - Telecommunications Equipment Consent and Road User Agreement 151 REPORT TO COUNTY COUNCIL w�l FROM: Bob Purcell, Terrace Lodge Redevelopment 1110,,, X, Steering Committee Chair DATE: June 20, 2022 bYN'Wure SUBJECT: Terrace Lodge Redevelopment - 2022 Mid -Year Update RECOMMENDATION: THAT the report titled "Terrace Lodge Redevelopment - 2022 Mid -Year Update" from Councillor Purcell — Chair of the Terrace Lodge Redevelopment Steering Committee, dated June 20, 2022 be received and filed. INTRODUCTION: Pursuant to Council's By -Law 19-41, being a By-law "To Define the Mandate and Meeting Procedures for Committees Established by the Corporation of the County of Elgin", reports shall be delivered to Elgin County Council on an as -needed basis and at least once per year. The purpose of this report is to provide Council with an update on the status of the Terrace Lodge Redevelopment Project progress achieved at the half way point of 2022. DISCUSSION: As the 2022 construction season enters its second half, Phase One of the Terrace Lodge Redevelopment Project is progressing in general conformity to the approved construction schedule, and at this time is on track to move to Phase Two in late 2022. A 4-week schedule delay experienced thus far in 2022 was predominantly the result of a Construction Labour Action by a number of trades throughout the Province, resulting in suspension of work for a number of trades. A detailed summary of construction progress achieved to this point of 2022 is as follows; • January 2022 — Exterior sheathing installation, interior metal stud framing and door frame installation, roofing system installation progressing. • February 2022 — exterior window frame and glazing installation proceeding. Mechanical and electrical rough -in proceeding, receiving addition elevator shaft construction started. 1 152 ,-h 2021 — Exterior window frame and glazing installation continuing, hanical and electrical rough -ins continuing, roofing system cap sheet installation progressing. April 2022 — Brick veneer installation (south wing), installation of air/vapour barrier (north wing), start of drywall installation (North wing) May 2022 — Brick veneer installation on -going, drywall on -going, receiving area addition wall framing and sheathing completed. June 2022 — exterior brick veneer and siding installation on -going, drywall on- going, receiving addition roof nearing completion. Staff have been working on items to be brought forward to the Committee for their review in the coming months. • The Draft Development Agreement received is currently being reviewed by County staff, an update will be provided to the Committee at a future meeting. Staff continue to work with the Ministry and the Construction Management Team to move the project forward. This is achieved by regular site meetings and inspections, and frequent communications with our construction manager. The project can be U i i i:.II��II�::p:u�u�:uq We followed on the communications website II u«n a �:u`g� �I��„.III uu a a'li illli g have also included a number of pictures attached to the report which showcase the progress of the construction achieved throughout 2022. The Fundraising Committee continues to plan, coordinate, implement and evaluate its activities in support of the Comforts of Home fundraising campaign. This campaign is designed to enhance the Terrace Lodge Redevelopment Project with amenities that will provide a more home -like environment for the residents. $288,741.00 has been donated towards the campaign to date. You can follow the progress as regular updates are made to the online catalogue at FINANCIAL IMPLICATIONS: Currently the project remains within approved budget. ALIGNMENT WITH STRATEGIC PRIORITIES: 2 153 ving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Continue to update the project webpage showcasing construction progress with all interested community residents. CONCLUSION: The Steering Committee is excited to see the continued progress of construction in 2022. It is very rewarding to see all the progress made to date on this very significant facility redevelopment for the County of Elgin. We look forward to completion of phase one at the end of 2022, and will continue to provide Council with updates as the project progresses through latter phases. 3 154 All of which is Respecttully Submitted Bob Purcell, Terrace Lodge Redevelopment Steering Committee Chair Approved for Submission Julie Gonyou Chief Administrative Officer 155 February 2022 — North Wing Addition - Courtyard `N7: April 2022 — Receiving Area Addition — Structural Steel Frame Installation n IiPyll June 2022 — North Wing Addition Courtyard — View Looking northeast 0 158 0 0000X by N''Wure RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Dominique Giguere, Councillor/Chair of Terrace Lodge Redevelopment Fundraising Committee DATE: June 21, 2022 SUBJECT: Terrace Lodge Redevelopment Fundraising Committee Appointment THAT the report titled "Terrace Lodge Redevelopment Fundraising Committee Appointment" dated June 21, 2022 from Councillor Giguere be received and filed; and THAT County Council appoint Brigette Clark -Carmichael to sit on the Terrace Lodge Redevelopment Fundraising Committee for the remainder of 2022. INTRODUCTION: On February 22, 2022, County Council approved a change to the Terms of Reference for the Terrace Lodge Redevelopment Fundraising Committee. This provided for a change in Committee composition allowing for representation from all of Elgin's Local Municipal Partners. Elgin asked its Local Municipal Partners to appoint a Member of their Local Council to the Committee or assist in the promotion of At -Large Community Member positions. In response to these recruitment efforts, Bridgette Clark -Carmichael from the Municipality of Bayham has submitted an application to be an At -Large Community Member of the Terrace Lodge Redevelopment Fundraising Campaign. At its most recent meeting held on June 20, 2022, the Terrace Lodge Redevelopment Fundraising Committee approved Ms. Clark-Carmichael's application and is recommending her for appointment to the Committee by County Council. DISCUSSION: Bridgette Clark -Carmichael has submitted an application to be an At -Large Community Member of the Terrace Lodge Redevelopment Fundraising Committee. The Committee considered her application at its June 20, 2022 meeting and passed a resolution recommending her appointment by County Council. Ms. Clark -Carmichael resides in the Municipality of Bayham and will fill a gap that exists in that Municipality's representation on the Committee. She is a member of the Vienna Lions Club, has a history of community involvement, and experience in Long -Term Care. Her application demonstrated her passion for providing supportive spaces in 159 2 which people feel safe, comfortable, and heard no matter what the age. She indicates that her passion for community, effective communication skills, and collaboration abilities will be assets to the Committee. FINANCIAL IMPLICATIONS: There are no financial implications. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: None. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Should Council approve the appointment of Bridgette Clark -Carmichael to the Terrace Lodge Redevelopment Fundraising Committee, a letter will be sent inviting her to attend the next meeting as a voting member. CONCLUSION: The Terrace Lodge Redevelopment Fundraising Committee has recommended that Council consider the appointment of Bridgette Clark -Carmichael to the Terrace Lodge Redevelopment Fundraising Committee for the remainder of 2022. 160 is Respectfully Submitted Councillor Dominique Giguere 161 REPORT TO COUNTY COUNCIL FROM: Amy Thomson, Director of Human Resources DATE: June 28, 2022 SUBJECT: HR Policy: 10.50 Mileage 'µro r e ,sNa by, N'akirf,:) RECOMMENDATION: THAT County Council approve the amended HR Policy: 10.50 Mileage; AND THAT County Council approve the 2022 CRA recommended mileage rate of $0.61 per kilometer effective July 1 St, 2022; AND THAT the report dated June 28, 2022 from the Director of Human Resources be received and filed. INTRODUCTION: While the current policy states that the County will follow the "Treasury Board of Canada Secretariat" mileage rates (now referred to as the Canada Revenue Agency rates), Council and staff have not amended the mileage rate in many years. This is because historically, the County's mileage rate has remained in the mid- and average range of comparator municipalities as well as aligned with our Local Municipal Partners (LMPs). DISCUSSION: As occurs annually, comparator mileage rates were gathered toward the end of 2021 by Human Resources staff, and at this time the County's mileage reimbursement rate had fallen toward the bottom end of the comparator list (only three were lower, 25 were paying higher rates). The County's rate has been $0.495 since at least 2012, potentially longer. The overall average across the group of twenty-eight surrounding municipal comparators gathered was $0.54 / km (2021 rates). When strictly looking at the County in comparison to our seven LMPs, the average is $0.493; indicating that Elgin municipalities have fallen behind municipal comparators and the CRA recommended rate, in general. 1 162 2 The 2021 CRA recommended mileage reimbursement rate was $0.59/km, and increased to $0.61/km for 2022. Every December, CRA posts the recommended mileage rate for the following year; with separate rates for the first 5000 kilometers claimed, and for kilometers beyond 5000 incurred in a given calendar year. Ten of the twenty-eight comparators (excluding Elgin and LMPs) automatically implement the annually posted Canada Revenue Agency (CRA) rate. In order to ensure mileage reimbursement rates remain in line with the associated costs of driving and maintaining a personal vehicle, it is recommended that the amended policy include an annual adjustment based on what is posted by the CRA in December each year, and to be communicated to and approved by Council during annual budget deliberations. FINANCIAL IMPLICATIONS: In collaboration with the Finance department, we reviewed mileage paid during typical years of 2018 and 2019, and considering there are a few new positions that will likely incur high mileage expenses due to the nature of the role (e.g. Fire Training Officer, Engineering Technologist, etc.) It appears that a $0.10 per kilometer increase would result in a total annual cost increase of approximately $11,000 - $15,000; although it's impossible to know the exact impact as mileage claims are variable. Mileage reimbursement budgets were significantly underspent through 2020 and 2021. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ❑ Enhancing quality of place. Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. 163 3 CONCLUSION: Given the significant increase in the cost of driving in 2022 to date, it is prudent that the County review our mileage reimbursement rate and consider increasing from the outdated rate, to mirror the CRA rate at this time. All of which is Respectfully Submitted Amy Thomson Director of Human Resources Approved for Submission Julie Gonyou Chief Administrative Officer 164 r1�11I 111 % %lf ffProgressive by Pyature Subject: Mileage Policy Number: 10.50 Date Approved: October 1, 1987 Date Last Revision: June 2022 Code: A Section: 10 County of Elgin Human Resources Policy Manual Employees who do not have a County -supplied vehicle will be paid a mileage rate for use of their own vehicle when required to drive on County business. The per kilometer rate will be established by the Canada Revenue Agency (CRA) and adjusted by the Finance department each December for implementation each January 1st The amended rates will be reviewed and approved by County Council annually during budget deliberations. The Finance Department will amend the associated mileage reimbursement forms as required, including the recommended CRA rate for the first 5000 kilometers claimed, as well as the recommended rate for kilometers reimbursed beyond 5000 in a given calendar year. I 1 REPORT TO COUNTY COUNCIL FROM: Amy Thomson, Director of Human Resources DATE: June 28, 2022 SUBJECT: HR Policy: 2.20 Dress Code 'µro r e ,sNa by, N''Wu rf,,) RECOMMENDATION: THAT County Council approve the amended HR Policy: 2.20 Dress Code; AND THAT the report dated June 28, 2022 from the Director of Human Resources be received and filed. INTRODUCTION: It was recently raised by staff that the County Dress Code policy had become out of date and required a review and refresh. In order to develop the current recommendations, management team from across the County were engaged and asked for feedback based on individual service areas; municipal comparator policies were gathered, especially those that had been recently modernized; and the Accessibility Coordinator reviewed from Equity, Diversity, Inclusion (EDI) and Accessibility (Human Rights Code) perspectives. All feedback received has been incorporated into the draft policy before Council. DISCUSSION: The Dress Code policy must support staff in safely and comfortably fulfilling the duties of their jobs. Given the diversity of position responsibilities across the organization, the dress code policy cannot be overly prescriptive, but must instead focus on overall corporate expectations, safety, and professionalism. The Dress Code should also support the corporate culture that we are working toward. Any references to gender specific requirements have been removed or amended; ensuring Human Rights Code compliance and support for EDI. FINANCIAL IMPLICATIONS: There are no financial implications associated with this policy amendment. 2 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. CONCLUSION: Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ❑ Enhancing quality of place. Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Human Resources is open to Council feedback related to the Dress Code Policy, which will be incorporated before finalizing the policy implementation and communication processes. All of which is Respectfully Submitted Amy Thomson Director of Human Resources Approved for Submission Julie Gonyou Chief Administrative Officer r1�11I 111 % %lf ffProgressive by Pyature Subject: Dress Code Policy Number: 2.20 Date Approved: October 1, 1987 Date Last Revision: June 2022 Code: A Section: 2 County of Elgin Human Resources Policy Manual POLICY Employees of the County of Elgin are expected to maintain a professional appearance while on duty. All employees should dress appropriately for their role and responsibilities while representing the County of Elgin. SCOPE This policy applies to all staff, students, volunteers and contractors working on behalf of and/or representing the County of Elgin and pertains to both clothing and personal grooming. PURPOSE This is meant to be a general guideline to describe appropriate and professional appearance standards for Elgin County staff, but does not consider every possible scenario. • To present a professional appearance, readily recognizable to all stakeholders of County services (including but not limited to County residents, Long -Term Care Home (LTCH) residents and their family members, and internal staff and members of Council). • To ensure safety of attire to reduce the riskof injury or harm to staff, visitors and residents. • To ensure that employees can work comfortably while projecting a professional corporate image. PROCEDURE • The manner in which staff present themselves to the public reflects the professionalism the organization strives to maintain. Discretion is the key. If in doubt as to what is acceptable, please consult with your supervisor. • It is within the department head's responsibilities and discretion to ensure the guidelines of this policy are adhered to and modified where necessaryto uphold business or safety sta nda rds. • Staff must set a high standard for personal cleanliness and hygiene. i[.1:3 r1�111% 11 % %lf ff �County ofElgin Progressive Pyat re Human Resources Policy Manual • Appropriate jewelry is safe and functional for the work setting and type of work being performed. • Shoes must provide safe and secure footing, offer protection against potential workplace hazards, and be appropriate to the specific work environment and work performed. Shoes must reflect a proper business appearance and be in good condition. Colour and type of shoes (safetytoe, etc.) may be determined by departmental policy or procedure. • Hair is to be kept clean and groomed. • Fingernails are to be kept to a functional and professional length. • Use of perfumes, colognes or other fragrances should be kept to a minimum while in the workplace. • All personal protective equipment required for the safe completion of any task must be utilized as directed. Examples of attire that is not considered professional or safe include, but not limited to: • Ripped or torn clothing. • Athletic wear such as: track or sweat pants, casual t-shirts (graphic logos, unprofessional or inappropriate designs, etc.), running shoes (unless authorized by department head based on nature of the work), sports leggings, ortank tops. • Beach sandals, flip flops, or other footwear that may pose a safety risk. • Open back or midriff exposed tops. Enforcement: Departments or program areas can set additional standards that are appropriate for various work roles and environments as exceptions may be required for reasons such as health and safety, extreme temperatures, or formal meetings such as Council meetings or court attendance. Enforcement of the dress code policywill be maintained by the departmental supervisor and/or designate. Supervisors may, with approval of the department head, send individuals home to change without pay or mileage reimbursement, if their on -duty appearance violates the County of Elgin's Dress Code Policy or departmental policies or procedures. It is the intent of the County of Elgin to allow employees to be provided the opportunity to wear attire that may afford some relief in the hot and humid weather. • The summer dress code timeframe will typically run from June to September each year. • Departmental management will communicate each year, the timeframe and guidelines for acceptable summer dress code policy. 169 r1�111% 11 % %lf ffProgressive by Pyature County of Elgin Human Resources Policy Manual Casual Friclay A,ll ep artnieiif It is the intent of the County to support the United Way campaign as well as County sanctioned charities (i.e. Homes Building Fund, Residents' Council) through the voluntary participation of employees in casual dress Fridays. Employees that choose to donate, on a bi-weekly basis through payroll deductions, to the County supported fundraising campaigns may dress in a more casual nature each Friday. (Appropriate business attire must be worn if meeting with individuals from outside of the organization for County related business). Appropriate attire for casual Fridays includes all general guidelines as outlined within the Policy. Although attire may be more casual than regular business attire, a professional appearance is expected at all times. Apparel with unprofessional pictures and/or wording is not appropriate. Safety equipment must be worn at all times where required. If employees have questions regarding appropriate appearance orattire for Casual Friday, they should consultwith their supervisor directly. Casual attire may be worn on certain days as designated by the CAO.On these days, attire may be more casual than regular business attire but a professional appearance is expected at all times. 170 0 0000X by N''Wure RECOMMENDATION: It is recommended that: REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: June 16, 2022 SUBJECT: Consultant Agreement — Long -Term Care Transition Coordinator — Single Source Procurement 1. The within Report to Council, dated June 16, 2022, and entitled "Consultant Agreement — Long -Term Care Transition Coordinator — Single Source Procurement" be received and filed; 2. Council approve the single source procurement of Gail Kaufman Carlin Consulting as Long -Term Care Transition Coordinator for the Terrace Lodge Redevelopment Project pursuant to a Consultant Agreement; and, 3. Council approve and authorize the Warden and Chief Administrative Office to execute a Consultant's Agreement for the appointment of Gail Kaufman Carlin Consulting as the Long -Term Care Transition Coordinator for the Terrace Lodge Redevelopment project, such Agreement to be in the substantial form and content as attached to this Report to Council. INTRODUCTION: In 2019 the Terrace Lodge Steering Committee identified a Consultant position required to support the Terrace Lodge Redevelopment Project as follows: • Transition and Operational Management Support, working closely with the Director of Homes and Seniors services to develop plans required by the Ministry of Long - Term Care, and to assist with the preparation of transitional plans to support the phased construction approach required for the redevelopment project. Council approved a one-year Consultant Agreement with Gail Kaufman Carlin Consulting to provide Long -Term Care transition and operational management support for the Terrace Lodge Redevelopment Project in May of 2019. The agreement was extended 1 171 L (with council support) in both 2020 and 2021, as per the terms of the agreement. The current agreement term has been completed. DISCUSSION: The previous agreement(s) with Gail Kaufman Carlin Consulting were highly effective. Gail Kaufman -Carlin demonstrated flexibility and provided expertise and support to the Terrace Lodge redevelopment project, including but not limited to the following: • Functional plan development • Operational plan development and submission to Ministry of Long -Term Care • Design and phased construction plans — addition and renovation • Occupancy plan development and submission to Ministry of Long -Term Care • Working collaboratively with County of Elgin staff, Ministry of Long -Term Care, Council, architect, the steering committee and working groups • Consultation with AdvantAge Ontario, Public Health, etc. as directed. The Terrace Lodge redevelopment project is at a critical stage preparing for occupancy, with residents anticipated to move into the addition in late fall 2022. A detailed occupancy plan (outlining the plan to meet the requirements for pre -move, move day, post move) has been submitted to the Ministry of Long -Term Care for review. Successful occupancy plan implementation will require significant dedicated staff and consultant time to ensure the mandatory ministry requirements are met; and, to support staff and resident safety and well-being. The proposed Consultant's Agreement is presented as a single source award. Section 4.7(c) of the Elgin Procurement Policy identifies "valid and sufficient reasons for selecting one supplier in particular, where more than one supplier of the services is available". In the matter at hand, the award matches with the criteria at section 4.7(c)(iii), referencing "a need for compatibility with services previously acquired and/or the services are additional to similar services being supplied under and existing contract.". The selected Consultant has been supplying the same services for the past several years and the proposed contract provides an additional one-year term for continuity of those same services. Under this analysis, single source procurement is justified. FINANCIAL IMPLICATIONS: IF approved by Council, Gail Kaufman Carlin Consulting has agreed to the same terms and conditions as provided for in previous Consultant Agreements for the same services, subject to modest increases in compensation rates (service fees to increase by $15.00 per hour to $165.00 per hour while mileage reimbursement is increased by $0.10 per kilometre to $0.60 per kilometre). It is noted that compensation rates have been fixed since 2019. 172 financial elements and /or aspects of the proposed Consultant's Agreement • Subject to fulfilling the service commitments outlined in this Agreement, the consultant will be paid at a rate of $165.00 per hour plus HST; • Billable expenses will include mileage at a rate of $0.60 per kilometre, and any printing, courier or material costs not provided by Elgin; • Service fees, net of taxes and expenses, are not anticipated to or will not exceed a cumulative total of $70,000; and, • The costs of the transition coordinator position are within the approved Terrace Lodge Redevelopment Project consulting fee contingency budget; and, as such, prior approval by the Terrace Lodge steering committee is not required. A draft copy of the proposed Consultant's Agreement is attached to this Report. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ® Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. 173 COMMUNICATION REQUIREMENTS: IF approved, the ongoing position related to the role of Long -Term Care Transition Coordinator filled by Gail Kaufman Carlin Consulting, will be communicated to County staff, steering committee and working group members. CONCLUSION: Gail Kaufman Carlin Consulting has demonstrated the ability to effectively support the Terrace Lodge Redevelopment Project and has worked collaboratively with County Staff, steering committee and working groups. I am confident that, through the proposed attached agreement, this role will continue to support the success of the Terrace Lodge Redevelopment project; through occupancy. All of which is Respectfully Submitted Approved for Submission Michele Harris Julie Gonyou Director of Homes and Seniors Services Chief Administrative Officer 174 Consultant Agreement This Independent Consultant Agreement (the "Agreement') is made and entered into by the undersigned parties: Corporation of the County of Elgin ("Elgin') and Gail Kaufman Carlin Consulting,133AvondaleAveS., Waterloo, Ontario, N2L2C4(the "Consultant"). In consideration of the promises, rights and obligations set forth below, the parties hereby agree as follows: 1. Term The term of this Agreement shall begin on May 22, 2022 and continue until May 21, 2023, unless terminated earlier as set forth in this Agreement. The term of this Agreement may be extended by mutual agreement between the parties. 2. Services The Consultant will provide the following services (collectively referred, to as the "Consultant services"), as requested by the Director of Homes and Seniors Services, with regard to the redevelopment of Terrace Lodge, County, of Elgin: i) Support the Director of Homes and Seniors Services with planning, design and operational project work. ii) Work collaboratively with County of Elgin stdX Council, architect and identified stakeholders to research, develop and submit required planning and approval documents and reports. iii) Support communications and consultations' with key stakeholders, such as Council, staf, residents, families' -public and governmental/regulatory bodies. iv) Attend projects Steering and other meetings as requested Additional services or amendments to the services described above may be mutually agreed upon between the parties. The Consultant- shall take 'direction from Michele Harris, Director of Homes and Seniors Services, County of Elgin. 3. Compensation and Expenses Subject to fulfilling the service commitments outlined in this Agreement, the Consultant will be paid at a rate of $165.00 per hour plus HST. Billable expenses will include mileage at a rate of $0.60 per kilometer, and any printing, courier or material costs not provided by County of Elgin. Service fees, net of taxes and expenses, with regard to section 2 are not anticipated to or will not exceed a cumulative total of $70,000 over the term of this agreement. 1 175 Elgin will generally be invoiced monthly, with payment(s) due within 30 days of receipt of the invoice. 4. Relationship The Consultant will provide the Consultant's services to Elgin as an independent Consultant and not as an employee. Accordingly: • The Consultant agrees that Elgin shall have no liability or responsibility for the withholding, collection or payment of any taxes, employment insurance premiums or Canada Pension Plan contributions on any amounts paid by Elgin to the Consultant or amounts paid by the Consultant to its employees or Consultants. The Consultant also agrees to indemnify Elgin from any and allclaims in respect to County of Elgin's failure to withhold and/or remit any taxes, employment insurance premiums or Canada Pension Plan contributions. • The Consultant agrees that as an independent Consultant, the Consultant will not be qualified to participate in or to receive any , employee benefits that Elgin may extend to its employees. • The Consultant is free to provide services to other clients, " so long as there is no conflict of interest with the Consultant's contractual obligations to County. • The Consultant has no authority to and, will not exercise or hold itself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of, or on,behalf of Elgin. 5. Confidentiality The Consultant hereby agrees to keepllcortfidential all information received from Elgin, unless the nature or purpose of the information requires its disclosure. It is understood that with any form of communication there is potential risk of unauthorized disclosure; both parties agree to work jointly to mitigate this risk. If the Consultant retains any employees or Consultants of its own who will perform services hereunder, the Consultant shall ensure that such employees or Consultants execute an agreement no less protective than outlined in this agreement. The engagement of any sub -consultants) will be subject to the approval of Elgin. 6. Termination The independent Consultant relationship contemplated by this Agreement will conclude on May 21, 2023, unless terminated earlier as set forth below. The Consultant agrees that no additional advance notice or fees in lieu of notice are required in the event the relationship terminates earlier. The Consultant agrees that Elgin may terminate this Agreement at any time without notice and without any further payment, excepting work completed, if the Consultant is in material breach of any of the terms of this Agreement. Elgin may terminate this Agreement 2 176 at any time at its sole discretion, upon providing to the Consultant thirty (30) calendar days' advance written notice of its intention to do so. Upon receipt of such notice, the Consultant may waive notice in which event this Agreement shall terminate immediately. The Consultant may terminate this Agreement at any time at its sole discretion upon providing to Elgin thirty (30) calendar days' notice of Consultant's intention to do so. Upon receipt of such notice, Elgin may waive notice in which event this Agreement shall terminate immediately. 7. Insurance Without restricting the generality of the section on Ind( obtain, maintain, pay for and provide evidence upon insurance coverage(s), including limits, acceptable to company or companies licensed to transact business i Consultant further agrees that the said policy or policies ( or policies acceptable to the County, will be maintain following the expiry, or termination, of the within Agree ufication, the Consultant shall quest of professional liability in, and ; issued by an insurance the Province, of Ontario. The isurance, orreplacement policy for a period of three (3) years 8. Indemnity: Each Party (an "Indemnifying Parry") agrees to defend, indemnify and hold harmless the other Party (an "Indemnified Parry), its affiliates, agents and employees from and against all claims, liabilities, suits, losses, damages and expenses, including costs and reasonable lawyer's fees ("Claims"), arising directly out of the acts and/or omissions of the Indemnifying Party, or out of any breach of Indemnifying Party's obligations pursuant to this Agreement. 9. Limitation of Liability No Party will be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, damages for loss of revenue or profit, or damages in tort, arising in any way from a breach of this Agreement, the Consultant's engagement, or the performance of the Consultant's duties and responsibilities under this Agreement. 10. ' Health and Safety The Consultant covenants that she and knowledgeable in, and follow the regulations included in the Occupational Health and Safety associated regulations as appropriate. all her employees/sub-consultants are which pertain to their duties which are Act, RSO 1990, c. 0.1, as amended and 11. Obligations Surviving Termination of this Agreement All obligations to preserve County of Elgin's confidential information shall survive the termination of this Agreement. 12. Entire Agreement This Agreement represents the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement. This Agreement may be amended only by mutual written agreement of the parties. 3 177 13. Assignment This Agreement shall enure to the benefit of and shah be binding upon each parry's successors and assigns. Neither parry shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other parry. 14. Governing Law and Principles of Construction. This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives, effective as of the day and year first above written. CORPORATION OF THE COUNTY OF ELGIN Per: Name Title: Date: Per: Name Title Dai Mary French Warden : Julie Gonyou CONSUL (Business Date: ARLIN 0 7784) Witness 4 178 0 0000X by N''Wure RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: June 15, 2022 SUBJECT: Homes — Long -Term Care Homes Quality Improvement Plan (QIP) — 2022 -2023 Submission to Health Quality Ontario THAT the report titled: "Homes — Long -Term Care Homes Quality Improvement Plan (QIP) — 2022 -2023 Submission to Health Quality Ontario" dated June 15, 2022 be received and filed; and, THAT Council approve submission of the three (3) Quality Improvement Plans (QIPS) to Health Quality Ontario. INTRODUCTION: Beginning in 2015, the Southwest Local Health Integrated Network (SWLHIN) required all Long -Term Care homes to submit an annual Quality Improvement Plan, (QIP) to Health Quality Ontario (HQO) as part of schedule D of the Long -Term Care Home Service Accountability Agreement (L-SAA). The prior year plan's performance, a narrative, and the proposed upcoming year's plan form part of the QIP's annual submission. The recently proclaimed Fixing Long -Term Care Act, 2021 (FLTCA) and Ontario Regulations, 246/22 legislation outline a number of requirements related to quality improvement including, but not limited to, preparing annual continuous quality improvement plans and reports outlining progress on quality improvement initiatives. Additionally, the QIP (including the progress report) is required to be shared with resident and family councils and posted on the Home's website. DISCUSSION: The primary focus of the QIP is to ensure that Long -Term Care Home priorities are aligned with those locally, across the region, and provincially. The QIP aligns with the quality and resident safety indicators as outlined in schedule D of the Long -Term Care 1 179 2 Home Service Accountability Agreement (L-SAA) and incorporates the results of the Resident Quality Inspections as applicable. Quantitative data is obtained through Health Quality Ontario, Canadian Institute for Health Information and Continuing Care Reporting System which have provided resources to Long -Term Care homes for quality improvement planning purposes. Homes access data which compare prior year indicator statistics to that of provincial averages for indicators identified as pertinent and support the health care transformation, i.e., potentially avoidable emergency room visits. Each home measures the effectiveness of its current programs through indicator comparisons and identifies opportunities (change ideas) for improvement. The Homes' Continuous Quality Improvement Team then sets goals to meet or exceed to either provincial averages or to bench marking targets. The 2022 - 2023 QIP process will involve the three (3) County of Elgin Homes working with the Registered Nurses Association of Ontario (RNAO) Long -Term Care Best Practice Coordinator, through the Best Practice Spotlight Organization (BPSO) program. Prior to the current pandemic, the Homes developed and submitted a QIP and progress report to Health Quality Ontario (HQO) annually. The Ministry of Long -Term Care and HQO paused the mandatory submission of the QIP in both 2020 and 2021; and, QIP development and submission is considered voluntary for the current cycle of 2022 - 2023. Ontario Health has resumed the submission of QIPs by health service providers with the following key changes for the 2022-2023 QIP: • Priorities selected to focus on health system recovery • Limit the number of new indicators • Alignment to collaborative quality improvement plan (cQIP). A formal commitment to quality that an Ontario Health Team (OHT) makes to its community captured annually in a standardized format to improve system issues and share progress using focused targets and actions • No mandatory indicators • Shortened narrative, focusing on current issues • No progress report, due to the submission pause in 2021 /22 The following priority indicators were recommended for Long -Term Care Homes voluntary Quality Improvement Plan: • Percentage of potentially avoidable emergency department visits for long-term care residents (all three Homes selected this indicator) • Resident experience: iF:ii] Do residents feel they can speak up without fear of consequences? (implementation of this indicator not required this year based on resident and family satisfaction survey results) Do residents feel thy have a voice and are listened to by staff? (implementation of this indicator not required this year based on resident and family satisfaction survey results) In consultation with RNAO Best Practice Guideline Coordinator, the Homes selected a "resident experience" priority indicator based on the 2021-2022 resident and family satisfaction survey results • Percentage of long-term care residents not living with psychosis who were given antipsychotic medications (two Homes selected this indicator; the third Home's metrics did not support implementation of this indicator) The QIP submissions have been approved by the Director of Homes and Seniors Services and the management team of the three (3) homes and are to be submitted to Health Quality Ontario (HQO) by June 30, 2022. The QIP submissions are available for review on the County website under the Homes and Seniors Services section II u«'n'p� a ll���rr�r���r �Il�iuu ua �.➢�lgu un a �'il./II u�au� ��'� a u�u:::uu�ai .0 .:...:...........1...«..g`.fl/ Homes Quality Improvement Plan (QIP) — 2022 -2023. FINANCIAL IMPLICATIONS: Quality improvement plans and a quality improvement program are requirements within current legislation and the Long -Term Care Home Service Accountability Agreement L- SAA to support funding. ALIGNMENT WITH STRATEGIC PRIORITIES: 3 181 ving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The draft QIP submissions were taken to resident council for review and input. Final QIP submissions will be made available on the Home's website and hard copies will be available in the Home for staff, residents and families (including resident and family councils). CONCLUSION: The QIPs, which are being voluntarily submitted to Health Quality Ontario and implemented by each Home, support the broader health care system priorities as outlined in the Excellent Care for All Act. The individual QIPs incorporate Best Practice Guidelines, resident/family satisfaction survey results, and, aligns with the L-SAA, legislation, and local, regional and provincial priority indicators. All of which is Respectfully Submitted Michele Harris Director of Homes and Seniors Services Approved for Submission Julie Gonyou Chief Administrative Officer 0 W-A 1 00 /0010 f RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Jennifer Ford, Director of Financial Services/Treasurer DATE: June 22, 2022 SUBJECT: 2022 Borrowing By -Law THAT the June 22, 2022 report titled 2022 Borrowing By -Law, submitted by the Director of Financial Services/Treasurer to outline the need to maintain a credit facility be received and filed; and, THAT the amended accompanying Borrowing By -Law for 2022 be read for approval. INTRODUCTION: Section 407 of the Municipal Act 2001, S.O. 2001, c.25, provides authority for a Council, by By - Law, to authorize the head of Council and the Treasurer to borrow from time to time, by way of promissory note or bankers' acceptance, such sums as the Council considers necessary to meet the current expenses and other qualifying expenditures (as set forth in the said section 407 of the Act) of the Corporation until levies from local municipalities and other revenues are received. This report addresses the need for this By -Law to support the maintenance of our credit facility annually in order to provide business continuity. DISCUSSION: The County of Elgin has enacted a Borrowing By -Law in the past to enable potential borrowings of either a specified percentage or amount based on the current year revenue budget. The purpose of a blanket short-term Borrowing By -Law is to enable the County to meet current year obligations for short term purposes only. It is expected that any borrowing that takes place under this authority would be fully repaid within the same year when expected revenues are received. In the past several years, the County has experienced occasions where the need for the provisions offered by this By -Law were relevant from an emergency preparedness standpoint. The most notable occasion occurred during the Covid-19 pandemic. During the onset of the pandemic, the County extended the levy payment timeline in an effort to relieve financial pressures on our Local Municipal Partners related to paying the levy revenue to us quarterly. In turn, our Local Municipal Partners were able to offer ratepayers further time to pay property 183 2 taxes and provided relief from the initial unknown financial stresses on households in the County during the state of emergency. The extension of the timelines had the potential to put the County in a position where we may have had need to borrow to meet our obligations between payment periods. However, ratepayers were able to meet their commitment to paying taxes on time which enabled our Local Municipal Partners to pay the levy to the County in the usual manner. As a result, the need to borrow during that time did not materialize. FINANCIAL IMPLICATIONS: It is prudent for us to maintain trusted working relationships with our employees, vendors, and partners. Our employees and vendors expect timely payment of payroll and invoices respectively so that the County is able to continue to deliver important services to our community such as Long -Term Care and Ambulance Services. From time to time, the County may experience extreme external events, pressures, or other emergency situations that may affect our receipt of revenue or expense timelines for a short period of time. In order to meet our payment obligations, and to ensure continuity of service, it is best practice to ensure that documentation with our banking partner is in place in advance of our need to borrow. Council approval of the Borrowing By -Law and Budget By -Law are the two pieces of documentation that our banking partner requires to ensure that our credit facility obligations are in place annually and in advance of our need. The Budget By -Law was approved earlier this year. The Borrowing By -Law is an outstanding item that is required to be approved before our banking partner can formally authorize our credit facility. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. 3 Additional Comments: LOCAL MUNICIPAL PARTNER IMPACT: No immediate impact at this time. COMMUNICATION REQUIREMENTS: If approved, the Borrowing By -Law will be forwarded to our banking partner to enable us to fulfill the final obligation related to credit facility documentation that will place us in good standing with them should the need arise. Annually, the Borrowing By -Law will be presented in conjunction with the final budget to ensure it is updated appropriately and to ensure continuity of business. CONCLUSION: The County has not had the need to borrow for short-term purposes for many years but has maintained a credit facility with our banking partner over this time. From an emergency preparedness and best practice perspective, advanced planning enables the County to quickly pivot and lean on our ability to borrow immediately should the need arise. Staff recommend the continuation of the credit facility and require the Borrowing By -Law to be approved in order to complete the documentation with our banking partner. All of which is Respectfully Submitted Approved for Submission Jennifer Ford Julie Gonyou Director of Financial Services/Treasurer Chief Administrative Officer 185 1 REPORT TO COUNTY COUNCIL w�l , FROM: Carolyn Krahn, Interim Manager of 1110,,, Economic Development & Tourism �ui:n w�Brian Lima, General Manager of Engineering, bY . N'Wure Planning, & Enterprise (EPE) / Deputy CAO DATE: June 20, 2022 SUBJECT: 2022-2025 Economic Development and Tourism Strategy RECOMMENDATION: THAT the report titled "2022-2025 Economic Development and Tourism Strategy" from the Interim Manager of Economic Development & Tourism, dated June 20, 2022 be received and filed; and THAT Council endorse the "2022-2025 Economic Development and Tourism Strategy' as presented. INTRODUCTION: This report presents the 2022-2025 Economic Development and Tourism Strategy and seeks Council's endorsement of the strategy as presented. DISCUSSION: In 2020, the County of Elgin undertook a Service Delivery Review to find key efficiencies with the goal of streamlining how services are delivered to members of the community. The Service Delivery Review Final Report noted that the activities of the Economic Development Department did not align with Council's strategic priorities and that Economic Development and Tourism could be improved to better serve the needs of the Local Municipal Partners and the County. Based on the recommendations found in the Service Delivery Review, the County engaged StrategyCorp to review current Economic Development services and to undertake a regional economic development feasibility study. Upon review of the feasibility study, Council directed staff to explore an enhanced County Economic Development and Tourism program which would improve alignment with Council's goals and priorities, meet the needs of local residents and businesses, enhance collaboration with the City of St. Thomas to avoid duplication, and restore investment. 2 Following Council direction, Economic Development and Tourism staff have worked together to develop the attached strategy. This strategy affirms the County's commitment to re-evaluate how we spend our time and resources so that we can better support our local entrepreneurs and foster an environment of opportunity for the County, its residents and businesses. This Strategy will direct the efforts of the department over the next four (4) years, and staff will develop a detailed action plan to support the Strategy, which will include performance indicators, timelines, and required resources. The performance indicators will ensure that the priorities and actions outlined in the strategy meet the needs of our community. As staff engage with the community, they will review what they hear and improve the strategy to ensure that we provide the best support that we can to our Local Municipal Partners and business community. FINANCIAL IMPLICATIONS: There are no direct financial implications associated with endorsing the Economic Development and Tourism Strategy. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Economic Development and Tourism staff will present the 2022-2025 Economic Development and Tourism Strategy to the Local Municipal Councils, and staff will work 187 :al Municipal Partners to foster an environment of opportunity for the Local ..�... .r...�.�s, its residents, and businesses. COMMUNICATION REQUIREMENTS: Staff will share the strategy with the Local Municipal Partners and other relevant stakeholders. Staff will also report back to Council annually regarding progress in meeting the strategy's goals and priorities. CONCLUSION: Economic Development and Tourism staff are excited to share the 2022-2025 Economic Development and Tourism Strategy with Council, and we are confident that in partnership with our stakeholders we can bring our vision of the community to life. All of which is Respectfully Submitted Carolyn Krahn Interim Manager of Economic Development & Tourism Brian Lima General Manager of Engineering, Planning & Enterprise /Deputy CAO Approved for Submission Julie Gonyou Chief Administrative Officer 3 ■ ■ 189 IIIri t lrod t.1t IIII 0 Iri J u�,: egg c II "Il��.� i nirnui ng At the County of Elgin, we are working to re-evaluate how we spend our time and resources so that we can better support our local entrepreneurs and foster an environment of opportunity for the County, its residents and businesses. We will do this by re-engaging our local business community to learn about their needs, let them know about the services we offer, and connect them to other relevant resources. We will champion the creation of a network of entrepreneurs that can work together to grow their businesses and attract new investment to Elgin County. Based on what we learn, we will re -imagine our services, and working in collaboration with our Local Municipal Partners, we will re -build how we do economic development in Elgin County. The 2022-2025 Economic Development and Tourism Strategy will direct the efforts of the department over the next four years. As we engage with our community, we are committed to reviewing what we hear and improving our strategy to ensure that we provide the best support that we can to our Local Municipal Partners and business community. 190 IIIIIII IIIIIII IIIIIII ' � ����������� ����������� �� IIIIIII ����������� III �� IIIIIIIa tegy IIII IIII IIII IIII IIII IIII „��. �/II::IIn g a ge Engage local businesses, support services, and municipalities by listening and learning about their needs and working with them to become the place where people want to live, work and play. IPe/II -nag i IIn e Reimagine how we spend our time and resources to better support local entrepreneurs and to foster an environment of prosperity and opportunity for the County of Elgin, its residents and businesses. II: „� e/ II: �,..A i II (j 191 Create a new vision and experience for economic development and investment in Elgin. Can t IIII ri u o u s ev IIII ew aIIII °t IIII 0 II 2022 2022 2023 2024 2025 Launch Data Review Strategy Refresh Strategy Review Next Strategy 0 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillililioI 40 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillililioI 40 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillililioI 40 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillililioI 40 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillilillo 191 Engage local businesses, support services, and municipalities by listening and learning about their needs and working with them to become the place where people want to live, work and play. irJ ir u1, ii, L.; Meet with local entrepreneurs, listen to their needs, and develop a good understanding of the local community's market, assets, and needs. Actions: • Recruit and onboard a full-time Business Enterprise Facilitator to listen to the needs of the entrepreneur and connect them with appropriate resources. • Implement a Business Retention and Expansion program to support local businesses so they can grow, create jobs and stay in our community. • Meet with local entrepreneurs to collect business and market data to support economic development planning. • After extensive consultation with the local business community, write and implement an action plan to foster business development, investment and job creation. �irru ftm� a 2,,. Develop a communications strategy to regularly update economic development stakeholders, and local municipalities on relevant news, opportunities, events and initiatives. Actions: • Create a business investment guide for each local municipality to promote our community and to help attract investment to Elgin County. • Update and enhance business directory. o Leverage business directory to restart and promote an economic development newsletter. o Start a "What's New in Elgin County"/ "Welcome to Elgin County" feature in the economic development newsletter to highlight new businesses in Elgin as part of a "welcome to doing business in Elgin County" package. • Review website content and research economic development website best practices to prepare for a website redevelopment. • Identify and attend relevant tradeshows and events to promote Elgin Count • Create and implement marketing campaigns to promote existing programs, opportunities. ����Ilg age ... JI! 'III' Engage local businesses, support services, and municipalities by listening and learning about their needs and working with them to become the place where people want to live, work and play. I'u Leverage current partnerships and build new partnerships to promote sustainable economic growth in Elgin County. Actions: • Continue partnership with the Small Business Enterprise Centre and the Elgin Business Resource Centre and connect entrepreneurs to their resources. • Leverage partnerships with WOWC, Elgin Workforce Development Network, and London and Area Works in an effort to retain, attract and build the workforce needed to support economic prosperity across Elgin County. • Continue support of Local Municipal Partners and their Economic Development Committees. • Strengthen partnership with the City of St. Thomas. • Partner with local real estate agencies and feature available commercial and industrial real estate in online inventory. Work with local agencies to promote Elgin County for investment and to streamline the site location process. • Work with local BIAs to promote the revitalization of downtown areas. Partner considerations: City of St. Thomas, Small Business Enterprise Centre, Elgin Business Resource Centre, St. Thomas Chamber of Commerce, Aylmer Chamber of Commerce, Western Ontario Warden's Caucus, Elgin Federation of Agriculture, Christian Farmers Federation of Ontario, Elgin Workforce Development Network, Local Municipal Partners, local Business Improvement Associations, local Economic Development Committees, South Central Ontario Region Economic Development Corporation, St. Thomas -Elgin Home Builders Association, Provincial and Federal Ministry partners, Community Safety and Well -Being Integration Table, Ontario Southwest Tourism, St. Thomas -Elgin Local Immigration Partnership and more II Reimagine how we spend our time and resources to better support local entrepreneurs and to foster an environment of prosperity and opportunity for the County of Elgin, its residents and businesses. Champion an innovative and entrepreneurial ecosystem Actions: • Develop regular networking opportunities to connect local entrepreneurs, investors, and business supports. • Reimagine the Elgincentives program to support the revitalization of local communities. • Reimagine the Conference Series and host workshops for the local business community on relevant topics and using case studies from the community. Develop a vacant land strategy to encourage the use of vacant sites and to create jobs, increase tax revenue, and attract residents. Actions: • Maintain vacant land inventory. • Overlay existing servicing gaps and future servicing needs onto land inventory map. • Feature inventory on the economic development website. • Review status of available industrial lands and market accordingly. • Dialogue with industrial land owners in strategic employment areas. • Promote Site Readiness Program to industrial property owners. The Site Readiness Program provides financial support to property owners to complete site preparatory work for eligible industrial proper II Create a new vision and experience for economic development and investment in Elgin. Develop a community approach to economic development that energizes and empowers our local municipal partners to embrace and promote the Elgin experience. Actions: • Meet regularly with representatives from each municipality to discuss local priorities and local trends and opportunities. • Start an ongoing discussion and partnership around revitalizing downtown areas. • Stay informed about what is happening in each community and promote local events. �irioil, ir,,y 2!e 2 Ensure that we have the infrastructure required to attract new business and support workforce demands Actions: • Advocate on behalf of our local business community on emerging/current issues affecting the economic vitality of Elgin, including: o Servicing, • Transportation, • Housing, • Broadband, • Childcare, and • Other issues as they arise. Promote investment opportunities as they relate to the Elgin experience Actions: • Promote and support unique investment opportunities, including: • Filming in Elgin • Agricultural and related local food initiatives • Extend the Elgin experience, including: • Facilitate the growth of the tourism sector's shoulder season programm o Review accommodation assets and develop a strategy to increase optio places for visitors to stay by reconsidering the Alternative Accommodat Handbook. • In partnership with Community and Cultural Services, support creative industries and cultural programming to generate economic growth and enhance the tourism experience. IIIIIII Sm IIIIIIIam m 2022 ......2025 IIII „„„ „„„ IIII IIII IIII IIII „��. �/II::IIn g a ge Engage local businesses, support services, and municipalities by listening and learning about their needs and working with them to become the place where people want to live, work and play. IPe/II -nag i IIn e Reimagine and market a destination experience for Elgin County, including what it means to call Elgin County home for business, investment and recreation. II: „� e/ II: �,..A i II (j 191 Create memorable and new Elgin experiences and develop the County as a four -season destination. Can t IIII ri u o u s ev IIII ew a II � IIII IIII 2022 2022 2023 2024 2025 Launch Data Review Strategy Refresh Strategy Review Next Strategy 0 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillililioI 40 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillililioI 40 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillililioI 40 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillililioI 40 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillilillo 196 their needs and working with them to become the place where people want to live, work and play. 11 ;1�� Develop a communications strategy to regularly update tourism stakeholders, municipalities, and visitors on relevant news, opportunities, events and initiatives. Actions: • Attract new tourism operators by posting tourism related investment opportunities on the economic development website and promote on social media. • Continue email newsletter to tourism stakeholders (operators). Explore opportunities to combine the stakeholder newsletter with the Economic Development newsletter. • Update and grow visitor database. Use visitor database to restart and promote a tourism newsletter. • Start a "What's New in Elgin County"/ "Welcome to Elgin County" feature in both the stakeholder and visitor newsletter to highlight new tourism businesses in Elgin. • Work with realtors to develop and distribute "Welcome to Elgin" packages to new homeowners in Elgin and St. Thomas. • Restart the events calendar on the tourism website. Engage local tourism operators to add their events to the calendar. • Review website content and research tourism website best practices to prepare for a website redevelopment. • Identify and attend relevant tradeshows and events to promote Elgin County. • Create dynamic social media content. �iYud�u u�ry, 0 Z Leverage current partnerships and build new partnerships to promote the growth of tourism in Elgin County. Actions: • Identify businesses for Southwest Ontario Tourism Corporation (SWOTC) product and workforce development programs, support applications and participation • Identify signature experiences and destinations for SWOTC promotion. • Promote SWOTC and provincial programming to local operators. • Collaborate with Community and Cultural Services in developing experienti programming. ngthen existing partnerships, and explore new partnerships. ions: j Bike, Ontario Trails, Elgin Federation of es, Local Municipal Partners I��������� IIIIIIIII �IIIIIIII'i IIIIIIII' ... II Create and market a destination experience for Elgh including what it means to call Elgin County home for business, investment and recreation. 21 Define the Elgin destination experience. Actions: • Research current market trends and issues that affect tourism in Elgin County. • Develop an updated inventory of tourism assets in Elgin County. • Identify Elgin's unique products and signature experiences. • Develop a marketing plan that will define and promote the Elgin experience. �iru�ru u�ry, ZZ Work with local tourism operators and municipalities to strengthen existing tourism experiences and connect them to the Elgin experience. • Work with Engineering Services to support recommendations from the Cycling Master Plan and promote existing cycling trails (maps, website, murals etc.). • Identify, enhance, and promote signature Elgin County experiences. • Water activities • Festivals and events • Family destinations • Dog friendly activities • Farm visits • Cycling trips Work with the City of St. Thomas and the Heritage Centre to redevelop Elgin's Heritage Guide. rr ut y 3 & Work with local tourism operators and municipalities to promote tourism experiences and events. • Maintain and enhance annual visitor's guide. • Develop a seasonal community -based event guide. • Continue to use tourism kiosks as information centres and promotional hubs. • Use tourism cruiser as a mobile information centre. • Continue to manage, promote, and enhance the tourism signage program. • Continue to identify, invite and host bloggers to tour and promote Elgin County. • Prepare sample itineraries for bloggers that tell Elgin's story. • Use different media to promote Elgin's story. o Welcome Home video campaign, Elgin Eats social media campaign, Fall for Elgin, Shop Elgin, Maple Syrup Trail, Winter Experiences • Leverage user generated content. Encourage visitors to attend events and sign up for the tourism newsletter. Encourage visitors to take/post photographs of them engaging in activities in Elgin, using promoted hashtags. ... II Working with local tourism operators and municipalities, create memorable/new Elgin experiences and develop the County as a four - season destination. �iYrrfrr ft3„1Develop a four -season activities and events plan to feature core tourism assets, which will help to build the County's destination experience and encourage year-round attractions to engage visitors and residents. Actions: • Host/coordinate workshops on shoulder season programming (SWOTC). • Work with stakeholders to develop and promote suggested itineraries for shoulder season getaways (promote via videos, website, brochures). • Develop marketing campaigns for each season. • Maple Syrup Trail • Fall for Elgin o Winter in Elgin • Shop Elgin • Active Elgin �irrn�r r 'a 2,, Build culinary tourism experience and enhance Savour Elgin guide/program. Actions: • Review membership package and membership criteria. Recruit new members for the program. • Redevelop Savour Elgin subpage to make it more interactive and visually appealing. • Develop and promote a video series highlighting Savour Elgin members. • Refresh the Savour Elgin guide and update photography for guide. irr�rr rry, Enhance wayfinding and visitor services to improve the tourism experience Actions: • Partner with the local municipalities and tourism operators to improve acces businesses and other key destinations. • Partner with local municipalities and tourism operators to create a consisten' look and feel to community assets. �l0/////;,, �� �' �:�, �� ^��'�, ,N _. 4.nl v', H z W H z 0 0 to m O u O tA 'u O tA C W N E s H tA 4- 0 CC s H 0 0 0 0 0 0 0 0 0 0 N O O bA ba y� V ♦+ N 'N O O 0 3 L. ca a) a N W tin u ♦' X u 0 aJ aJ � .� 3 E i m w O tA 'tn ca E M 3 O t O u O aJ _O '> 0 0 0 O ra i N +.+ to to +�+ O O O O tA O bA 'tA O u _ O 'bq O O i ca O M ca u 0 O O to Zm 0 O = i i to O to bA O O � '� .O u O 'tA N 'O 'E G O t t 0 t i t O O i 4- O OtA O XO m r �'o t of t E i •N a. 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Q O ( � bq Vf W M m �+ u H .� .O O .p sbJD O � s •� i O N (A3 O ca GJ .L 0 O to CL3 O O S +� V s �O � p u V _ �+ O O V GJ p Q �+ � H i +-+ O = � 0+ O H �'' = '� O .•. 3 � O ! 9 O GJ O U •� lfl H GJ GJ cr W �+ 3 O i-0 w H N O �' U O O o i a 5 s in U m •� CJ�,' 4.1 N N Y a^JD Y .� O� CL Y O� i /�bJD L r. M 0 0) M L W ^^ W M N H O TS W > O 4-1 W 'aq 3 m •O •- O t �: � > GJ O" m -0 O U GJ •> O O t/f •� c i to i s m 3 i 0 4- = H fa U to 3 O O O o M w W to W U M W E >c O 'en 3 X •u w O&r " O CN H O MM •— E V iJ H•N� r �:.N ca O 3 O Ho°aM in GO 0 0 N N L S �'d m .0 z o s i LL O i 0 3 0 s 3 Os +j O O E C 4- O Cu •N _O Z p 0 0 O W S ,>_ C W � C S Q 0 0 •bA i �•+ bA C XW O Vl •�?� �� N •O O . N .N O C O C V i H •N O O z ♦+OS10 C_ o Vls OO �+ O p L.V _ O Un N N S i� O C i .�^ O u C O i •4 O GJ to u C �+CL i•+ C W O W � c c N u 0 m N N O _O N p N W C N O V O O i O s O mV O H -0 O M N u m O un O a o ° O t a cn � a, 'u GJ 3 GJ m ca Z i L oa tA O:Lj 4-J O tA •� 'aA ° ' !aA ca V L _ W 0 W � �a°, o ° E a a O o +� ° ° °_ 'aro ° O ° 3 ° N u = '.'•' c ° c u° M W ° 'i � >, o to to O i Z+ O I O tj .- r 0 O p � O >, i � O H = = Q O �O Q ° 4 a Oa m `" i ° ° V °tA '� '> GJ _ E � ~ 'tn O O DC � GJ in W a 01 J = W o � A , `W /_ i > z CA•u .� < i O <txo O O � O N N p i o �_ z W W O E� �+ i GJ - 5A) � > � O E E 3 CL V.9:baN i CL 3 C W �' - u a .= .i H 2 by, Nature RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Jenna Fentie, Legislative Services Coordinator DATE: June 23, 2022 SUBJECT: Council Chamber Renovations and September Meeting Date(s) THAT the report titled "Council Chamber Renovations" from the Legislative Services Coordinator, dated June 23, 2022, be received and filed for information; and THAT Elgin County Council consent to a change in the Council Meeting schedule for the first meeting in September from September 13, 2022 to September 14, 2022 at 9:00 a.m. with public notice issued; and THAT public notice be given advising of a change in location for all Council and Land Division Committee meetings for all meetings scheduled in July, August and September 2022. INTRODUCTION: The purpose of this report is to provide Council with information regarding a change in location for its meetings in July, August and September 2022 while the Council Chambers are being renovated and seek Council's consent to change date of the first meeting in September from the 13t" (Tuesday) to the 14t" (Wednesday) morning at 9:00 a.m. It is anticipated that all Council meetings and Land Division Meetings scheduled for July, August and September 2022 will be held at the Masonic Centre of Elgin, located at 42703 Fruit Ridge Line, St. Thomas. A change in location for any Committee Meetings held in the Council Chambers will be determined by the Committee Chairperson. BACKGROUND: Council Chamber and front foyer renovations are anticipated to commence in early July and extend for a 2-3-month period. 1 232 2 FINANCIAL IMPLICATIONS: The cost to rent the Masonic Centre is $200 (exclusive of HST) per meeting. These costs can be accommodated within the Council Budget for 2022. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Public notice will be issued. CONCLUSION: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. This report seeks Council's consent to change the 2022 Council Meeting schedule from September 13t" to September 14t", 2022 and provides notice of an alternate location for Council and Land Division Committee Meetings scheduled for July, August and September 2022. All of which is Respectfully Submitted Approved for Submission Jenna Fentie Julie Gonyou Legislative Services Coordinator Chief Administrative Officer 1►1cic3 REPORT TO COUNTY COUNCIL ���'� , FROM: Brian Lima, General Manager of 0000 1110,,, Engineering, Planning & Enterprise / X�Deputy CAO by N' W ure Mike Hoogstra, Purchasing Coordinator DATE: June 20, 2022 SUBJECT: Traffic Signal Modernization —Contract Award RECOMMENDATIONS: THAT the contract for Traffic Signal Modernization be awarded to Fortran Traffic Systems Inc. for a one-year term; and, THAT staff be authorized to extend the contract for an additional four (4) one-year terms, in accordance with section 7.6 of the Procurement Policy, subject to satisfactory performance during the initial one-year contract term, pricing and budget approval; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. INTRODUCTION: This report provides details on the Request for Proposal (RFP) for Traffic Signal Modernization, which includes the supply and delivery of ten (10) new complete Radar Intersection Detection Systems and ten (10) new Uninterrupted Power Supply (UPS) Systems to be installed as part of a modernization of the County's traffic signals. The implementation of this project is scheduled over a five (5) year period, subject to budget approval. For the first year of the project, the intersections of Sunset Drive (County Road 4) at John Wise Line (County Road 45) and Sunset Drive (County Road 4) at Southdale Road (County Road 57) are scheduled for modernization. DISCUSSION: Request for Proposal (2022-P19) was published on May 9, 2022, seeking experienced firms that provide above ground mounted radar or imaging type detection sensor equipment and UPS systems. The RFP document is appended to this report as Attachment 1. 1 234 2 Information that was advertised and posted on the County's Bid Portal page ull1p::2; a ��II��„iiiu ua �.aii..up u� Il�iig:ll u�i�u uglllf a ug III i� �u a �1� including RFP dates, proposals submitted and a complete plan takers list is appended to this report as Attachment 2. The Evaluation Committee (refer to Attachment 3), used a 'Quality Based Selection Process' utilizing a "two-part submission method" procurement process in which proposals were received as two separate submissions. The first submission consisting of technical and qualitative information was opened and evaluated based on the following criteria: i) Company Overview / Background / Understanding of Project; ii) System Description, Features, Capabilities; iii) Sales/Service Support; iv) Software Agreement; v) References; Once the technical proposals were evaluated, the pricing information was unsealed and evaluated. The firm selected by the Evaluation Committee is Fortran Traffic Systems. Their proposal was the highest scoring qualified proposal, offered the lowest overall cost, and thus represented the best complete quality submission. Fortran Traffic Systems is proposing the Wavetronix Smart Sensor Radar Intersection Detection Systems in conjunction with APC Traffic Intersection UPS Backup Systems for providing backup power in the event of a power disruption. All Proponents that submitted a proposal to the County will be advised of the contract award and will be offered a debriefing of their individual proposal submission. FINANCIAL IMPLICATIONS: The following summary of 2022 projected costs is provided for review and will be confirmed throughout the project: Equipment Proposed (Year 1) $ 51,100.00 Installation by Existing Signal Contractor' $ 22,000.00 Net HST (1.76%) $ 1,287.00 Total 2022 Projected Costs $ 74,387.00 Approved 2022 Capital Budget $ 150,000.00 The County's current Traffic Signal Contractor is Guild Electric Limited. This amount is an estimate for the two intersections identified. The total overall award amount to Fortran Traffic Systems over the five (5) year term is estimated to be $295,494. 235 3 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Additional Comments: Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Council and Municipal staff will be advised of the projects through construction progress updates. CONCLUSION: As detailed above, the Evaluation Committee completed an evaluation and selection process in accordance with Request for Proposal No. 2022-P19 and subsequently the proposal submission from Fortran Traffic Systems Inc. was deemed the successful qualified proponent and is recommended for award. It is anticipated that the equipment will be installed and operational at these two intersections this fall. 236 All of which is Respecttully Submitted Brian Lima General Manager of Engineering, Planning & Enterprise / Deputy CAO Mike Hoogstra Purchasing Coordinator Peter Dutchak Manager of Transportation Services Approved for Submission Julie Gonyou Chief Administrative Officer 0 237 j so TRAFFIC SIGNAL MODERNIZATION REQUEST FOR PROPOSAL No. 2022-P19 Proposals shall be received by the Bidding System no later than: JUNE 2, 2022 @ 3:00 p.m. (local time) Issue Date: May 9, 2022 238 REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION INDEX DEFINITIONS AND INTERPRETATIONS....................................................................................... 3 SECTION 1.0 - INFORMATION TO PROPONENTS....................................................................... 4 1.1 Introduction and Background........................................................................................ 4 1.2 Proposal Format and Delivery.......................................................................................4 1.3 Designated Official......................................................................................................... 5 1.4 Questions / Inquiries...................................................................................................... 5 1.5 Addenda..........................................................................................................................6 1.6 RFP Schedule.................................................................................................................. 6 1.7 Proponent Communications.......................................................................................... 7 1.8 Proponent Investigations............................................................................................... 7 1.9 Notice of No Response................................................................................................... 7 SECTION 2.0 -TERMS OF REFERENCE........................................................................................ 8 2.1 Introduction.................................................................................................................... 8 2.2 Background..................................................................................................................... 8 2.3 General Scope of Work.................................................................................................. 8 2.4 Contract Period............................................................................................................... 8 2.5 Vendor Requirements: ................................................................................................... 9 2.6 Requirements - General Security Certifications........................................................... 9 2.7 Intersection Detection System Specifications............................................................ 10 2.8 Uninterruptable Power Supply (UPS) Specifications..................................................... 11 2.9 Warranty and Support................................................................................................. 12 2.10 Software and Service Agreements.............................................................................. 12 2.11 Training......................................................................................................................... 13 2.12 Preliminary Project Schedule....................................................................................... 14 2.13 Deliverables.................................................................................................................. 14 2.14 Information Provided by the County.......................................................................... 15 SECTION 3.0 - PROPOSAL REQUIREMENTS.............................................................................. 16 3.1 Proposal Submissions................................................................................................... 16 3.2 Technical Proposal Submission Requirements (Part 1).............................................. 16 3.3 Financial Submission Requirements - Financial Proposal (Part 2)............................. 17 3.4 Evaluation Process........................................................................................................ 17 3.5 Evaluation Criteria........................................................................................................ 18 3.6 Ratings...........................................................................................................................19 3.7 Presentation and Interview......................................................................................... 20 SECTION 4.0 - GENERAL CONDITIONS...................................................................................... 21 4.1 Rights of the County..................................................................................................... 21 4.2 Conflict of Interest........................................................................................................ 21 4.3 Modified Proposals...................................................................................................... 22 1 239 REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION 4.4 Disqualification of Proponents.................................................................................... 22 4.5 Confidentiality.............................................................................................................. 22 4.6 Proposal Assignments.................................................................................................. 22 4.7 Purchasing Policy.......................................................................................................... 23 4.8 Failure to Perform........................................................................................................ 23 4.9 Award and Agreement................................................................................................. 23 4.10 Insurance Requirements.............................................................................................. 23 4.11 Indemnification............................................................................................................ 24 4.12 WSIB Requirements..................................................................................................... 24 4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005 ................ 24 4.14 Disqualification.............................................................................................................24 4.15 Record and Reputation................................................................................................ 25 4.16 Proponent's Costs........................................................................................................ 25 4.17 Legal Matters and Rights of the County...................................................................... 26 4.18 Human Rights, Harassment and Occupational Health and Safety ............................ 27 4.19 Covid-19 Pandemic....................................................................................................... 27 4.20 Clarification...................................................................................................................27 4.21 Supplementary Information........................................................................................ 27 4.22 Default / Non-Performance......................................................................................... 28 APPENDIX A - SAMPLE AGREEMENT ...................... Ma9:1010]VNIII:M1►10111*11x401Eel ►11►LYN01to] I'MI R1I10 Its ..................................................... 29 ............................................. Attached K REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION DEFINITIONS AND INTERPRETATIONS The following definitions apply to the interpretation of the Request for Proposal Documents; 1. "Addenda or Addendum" means such further additions, deletions, modifications or other changes to any Request for Proposal Documents. 2. "Authorized Person" means; i. For a Proponent who is an individual or sole proprietor that person. ii. For a Proponent which is a partnership, any authorized partner of the Proponent. iii. For a Proponent which is a corporation: a) any officer of director of the corporation; and b) any person whose name and signature has been entered on the document submitted with the Request for Proposal, as having been authorized to participate in the completion, correction, revision, execution, or withdrawal of the submission, whether that person is or is not an officer or director. iv. For a Proponent that is a joint venture, the submission shall be signed by a person for and on behalf of each joint venture or, if they warrant that they have the authority vested in them to do so, one person so authorized may sign on behalf of all joint ventures. 3. "Bidding System" means the County's bid portal website operated by bids&tenders'" and posted as ttps://el incounty. i san ten ers.ca/ o ule/Ten ers/en 4. "County" refers to the Corporation of the County of Elgin. 5. "Designated Official" refers to the Purchasing Coordinator for the County of Elgin. 6. "Proposal" means the Response in the form prescribed by this Request for Proposal Document and completed and submitted by a Proponent in response to and in compliance with the Request for Proposal. 7. "Proponent" means the legal entity submitting a proposal. 8. "Request for Proposal (RFP)" means the document issued by the County in response to which Proponents are invited to submit a proposal that will result in the satisfaction of the County's objectives in a cost-effective manner. 9. "Successful Proponent" means the Proponent whose proposal has been approved by the County and who will complete the project as described in this RFP. 10. "Vendor" means the Proponent whose proposal has been approved by the County and who will complete the project as described in this RFP. 3 241 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION SECTION 1.0 - INFORMATION TO PROPONENTS 1.1 Introduction and Background The County of Elgin (County) is situated in the heart of southwestern Ontario along the north shore of Lake Erie and due south of Highway 401 in what can be best described as a rich agricultural zone complemented by industry. The County is an upper -tier municipality comprised of seven local municipalities covering an area of 460,000 acres, with a population of approximately 50,000 people. For more information on the County and the services we provide, visit www®elincounty®ca The County is seeking proposal submissions (Proposals) from interested, qualified firms (Proponents) who are capable of undertaking the project for the supply and delivery of ten new complete Intersection Detection Systems to be installed as part of a modernization of the County's traffic signals as noted in this Request for Proposal (RFP) documents. The successful firm will possess the requisite technical skills to deal with the matters to be addressed in the following tasks and will be required to work directly with County staff, the public and other agencies in a professional manner. The firm, in addition to technical qualifications, must exhibit skills such as timeliness, diplomacy, tact, strong communication ability and an understanding of the County. Further information regarding the scope of work is included in Section 2.0. 1.2 Proposal Format and Delivery PLPTTROINflC III')II POSAL ;"! i.IVBIV'illl;"! 5101NIS 01YU11, shall be received by the Bidding System. Hardcopy submissions not permitted. All Proponents shall have a Bidding System Vendor account with bids&tenders'" and be registered as a Plan Taker forthis RFP opportunity, which will enable the Proponent to download the Request for Proposal document, download Addendums, receive email notifications pertaining to this RFP and to submit their proposal electronically through the Bidding System. Proponents are cautioned that the timing of their Proposal Submission is based on when the proposal is RECEIVED by the Bidding System, not when a proposal is submitted, as proposal transmission can be delayed due to file transfer size, transmission speed, etc. For the above reasons, it is recommended that sufficient time to complete your proposal submission and attachment(s) (if applicable) and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. Proponents should contact bids&tenders'" support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proponent advising that their proposal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders'" support at support@bi san ten ers.ca. Late Proposals are not permitted by the Bidding System. 4 242 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION To ensure receipt of the latest information and updates via email regarding this RFP, or if a Proponent has obtained this RFP document from a third party, the onus is on the Proponent to create a Bidding System Vendor account and register as a Plan Taker for the RFP opportunity. Proponents may edit or withdraw their proposal submission prior to the closing time and date. However, the Proponent is solely responsible to ensure the re -submitted proposal is received by the Bidding System no later than the stated closing time and date. The onus unequivocally remains with the Proponent to ensure that the proposal is submitted electronically prior to the deadline and in accordance with the submission instructions. The County, its elected officials, employees and agents shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non -acceptance by the County of any proposal, or by reason of any delay in the acceptance of any proposal. The County shall not be liable for any cost of preparation or presentation of proposals, and all proposals and accompanying documents submitted by the Proponent become the property of the County and will not be returned. There will be no payment to Proponents for work related to, and materials supplied in the preparation, presentation and evaluation of any proposal, nor for the Contract negotiations whether they are successful or unsuccessful. 1.3 Designated Official For the purpose of this contract Mike Hoogstra, Purchasing Coordinator for the County is the "Designated Official" and shall perform the following functions: releasing, recording, and receiving proposals, recording and checking of submissions; answering queries from perspective proponents, considering extensions of time, reviewing proposals received, ruling on those not completing meeting requirements and coordinating the evaluation of the responses. 1.4 Questions / Inquiries All inquiries regarding this RFP shall be directed through the Bidding System online by clicking on the "Submit a Question" button for this bid opportunity. Questions submitted through the bidding system are directed to the Designated Official. The deadline for submitting questions is May 26, 2022 at 4:30 pm. If during the period prior to submission of proposals, the County determines, in its sole and unfettered discretion, that part of the RFP requires formal amendment or clarification, written addenda to this RFP will be distributed to all registered Proponents. No clarification requests will be accepted by telephone, fax or in -person meeting. Responses to clarification requests will be provided to all interested parties. Inquiries must not be directed to other County employees or elected officials. Directing inquiries to other than the Designated Official may result in your submission being rejected. 243 REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION 1.5 Addenda The County, may at its discretion, amend or supplement the RFP documents by addendum at any time prior to the closing date. Changes to the RFP documents shall be made by addendum only. Such changes made by addendum shall be supplementary to and form an integral part of the RFP documents and should be allowed for in arriving at the total cost. The County will make every effort to issue all addenda no later than three (3) days prior to the closing date. Proponents shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment. It is the sole responsibility of the Proponent to have received all Addenda that are issued. Proponents should check online at ttps://el incounty. i san ten ers.ca/ o ule/Ten ers/en prior to submitting their proposal and up until the RFP closing time and date in the event additional addenda are issued. If a Proponent submits their proposal prior to the RFP closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the proposal submission and the bid status will change to an INCOMPLETE STATUS and Withdraw the proposal. The Proponent can view this status change in the "MY BIDS" section of the Bidding System. The Proponent is solely responsible to: • make any required adjustments to their proposal; and • acknowledge the addenda; and • Ensure the re -submitted proposal is RECEIVED by the Bidding System no later than the stated RFP closing time and date. The Proponent shall not rely on any information or instructions from the County or a County Representative except the RFP Documents and any addenda issued pursuant to this section. 1.6 RFP Schedule The RFP process will be governed according to the following schedule. Although every attempt will be made to meet all dates, the County reserves the right to modify or alter any or all dates at its sole discretion by notifying all Proponents in writing at the address indicated in the completed RFP submitted to the County. Issue RFP: May 9, 2022 Last Date for Questions: May 26, 2022 RFP Close: June 2, 2022 @ 3:00:59 p.m. (local time) Presentations: June 13 or 15 (if required) Award of Contract: June 28, 2022 * *Dates noted above are an approximation only and are subject to change. Ai tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION 1.7 Proponent Communications Each Proponent is solely responsible to ensure that all contact information for the Proponent is accurate and updated at all times during the RFP process. Proponents may update or revise their contact information in their Bidding System Vendor account. All correspondence from the County to a Proponent will be issued through the Bidding System. 1.8 Proponent Investigations Each Proponent is solely responsible, at its own cost and expense, to carry out its own independent research, due diligence or to perform any other investigations, including seeking independent advice, considered necessary by the Proponent to satisfy itself as to all existing conditions affecting the Proposal for this RFP. The Proponents' obligations set out in this RFP apply irrespective of any background information provided by the County or information contained in the RFP Documents or in responses to questions. The County does not represent or warrant the accuracy or completeness of any information set out in the RFP Documents or made available to Proponents. The Proponents shall make such independent assessments as they consider necessary to verify and confirm the accuracy and completeness of all such information as any use of or reliance by Proponents an any and all such information shall be at the Proponent's sole risk and without recourse against the County. 1.9 Notice of No Resoonse If you are unable, or do not wish to provide a proposal, please complete a notice of no response form in the bidding system. It is important to the County to receive a reply from all Proponents. 245 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION SECTION 2.0 - TERMS OF REFERENCE 2.1 Introduction The County is seeking proposals from interested, qualified Proponents who are capable of undertaking the project for the supply and delivery of ten (10) new complete Intersection Detection Systems to be installed as part of a modernization of the County's traffic signals as noted in the RFP documents. 2.2 Background The County is planning to modernize its current signalized intersections. As part of this modernization the County will be implementing a modern Traffic Detection System. Each system must be able to detect all intersection approaches. The County will only accept above ground mounted Radar or imaging type detection sensor equipment. 2.3 General Scope of Work The scope of work can be generally summarized as the supply of ten (10) new Traffic Detection and Uninterrupted Power Supply Systems meeting or exceeding the requirements outlined in this RFP. This shall include supply and delivery of all required materials, providing installation training and support for the County's contractor, and support and training for County staff. 2.4 Contract Period The implementation of the traffic signal modernization is scheduled over a period of five (5) years. The County may accelerate or decelerate implementation based on initial install success, budget availability and vendor performance. The initial term of the contract will be for a period of one (1) year with an option for renewal for a further four (4) additional one (1) year periods at the absolute sole discretion of the County. In determining whether to renew the contract, the County will consider the following, but not be limited to price, service, performance and quality of workmanship. For the duration of the contract and option year periods, the County will review and consider requests for upward and downward price adjustments from the contracted vendor. Requests for price adjustments must include supporting documentation justifying a price adjustment, any change requests must be approved by the Purchasing Coordinator and General Manager of Engineering, Planning and Enterprise / Deputy CAC. 8 246 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION 2.5 Vendor Requirements: Proponents submitting a proposal must be capable of meeting the following requirements: Have a minimum of three (3) years supplying Intersection Detection Systems and parts to agencies/municipalities similar to Elgin County preferably within the province of Ontario. Be the direct manufacturer or authorized dealer of the products supplied. c. Comply with the security requirements as detailed in Section 2.6. d. Provide specifications sheets for all supplied materials/equipment. e. Ensure all warranties and supports for the systems are fulfilled in accordance with the requirements of this RFP. f. Ensure all software and servicing agreements are completed in accordance with the requirements of this RFP. g. Ensure all training is completed in accordance with the requirements of this RFP. h. Coordinate with the County departments and contractor as required to fulfill the requirements of this RFP. Fulfill all requirements as specified in this RFP. 2.6 Requirements — General Security Certifications a) Applications For any in -scope applications (including but not limited to device firmware and management interfaces, and central management portals), provide and maintain independent validation by a reputable application security assessor of implementation of OWASP ASVS v4.0.2.x Level 3 or higher application security controls. Any exceptions to controls, or acceptance of an alternative control framework (and exceptions thereto), must be managed and approved by County of Elgin Information Technology Services. Ensure that re -validation is performed every three (3) years, at a minimum, or upon any significant changes to website / application functionality. b) Infrastructure Environments For any in -scope infrastructure environments (including but not limited to central management portals, and networks), provide and maintain independent validation by a reputable application security assessor of implementation of relevant CIS version 8 security controls for development, test, QA, and production environments. Any exceptions to CIS controls, or acceptance of an alternative control framework (and exceptions thereto), must be managed and approved by County of Elgin Information Technology Services. Ensure that re -validation is performed every three (3) years, at a minimum, or upon any significant changes to website/application functionality. 247 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION c) Alternative Certification Frameworks Alternative certification frameworks may be presented in lieu of these, for example ISACA SOC II Type 2 reports for services and/or Common Criteria certification for device security. ITS will consider any such certifications in scoping the security and risk assessment of shortlisted solutions. 2.7 Intersection Detection System Specifications a) Technical Each complete intersection detection system shall as a minimum consist of the following: 1. Sufficient number of above -ground sensors to detect and count vehicles as in typical traffic zones. Systems with additional zones/capabilities of coverage that surpass the minimums established in this request will be reflected in the scoring as listed in Section 3.6. 2. Traffic cabinet mounting rack compatible with current County Traffic Cabinets. (See Appendix B) 3. Complete system mounting hardware kit to be mounted on traffic signal pole arms including brackets, junction boxes, and required length of manufacturer recommended communication cable with appropriate connectors. 4. Appropriate power supply connections. 5. All other manufacturer equipment and materials that constitutes a complete system. b) Physical Each complete intersection detection system shall be physically compliant with the following: 1. A wired, above -ground Radar or Image system capable of being mounted on standard traffic signal pole or signal arms (i.e. wireless and/or in -ground sensors will not be accepted), Wi-Fi enabled sensors must have option to block or disable Wi-Fi feature permanently. 2. All equipment to comply NEMA TS-2 (2003) standard including operating conditions, temperature ranges of -34°C to +70°C, vibrational tolerance, have Ingress Protection (IP) rating of at least IP66, etc.; and 3. System sensors must operate in various weather conditions including but not limited to fog, rain, drifting snow, and have capabilities to melt snow buildup on the sensor. 4. Federal Communications Commission (FCC), Parts 15.245 and 15.249 or equivalentand not cause harmful interference. 10 Ai tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION c) System Requirements - General The intersection detection system shall meet or exceed the following minimum requirements: 1. 3D object tracking capabilities of multiple vehicles on multiple lanes tracking a minimum of 150 objects simultaneously. 2. Minimum stop bar detection distance 5m. 3. Minimum advanced detection distance 100m. 4. Ability to detect stop bar and advanced objects. 5. Ability to detect a minimum of four (4) lanes of traffic per sensor. 6. Ability to measure vehicle speed. 7. Minimum vehicle counting and detection accuracy of 95%. 8. Ability to classify vehicles using standard classification definitions with a minimum accuracy of 80%. 6. Ability to provide summarized collected data including but not limited to vehicle count, type, movement in a downloadable spread sheet format. Capability to provide pedestrian and bicycle counts would be considered desirable but not necessary. 7. Video capabilities, although not necessary, would be considered a desirable component. Ability to provide this function may result in an improved technical score. 8. Additional features such as pedestrian detection, bicycle detection, pedestrian safety features etc., would all be bonus features and based on the scoring team's judgement may add to a proponent's technical score. 2.8 Uninterruptable Power Supply (UPS) Specifications 1. Uninterruptable Power Supply System shall meet the OPSS.MUNI 2475 Material Specification for Uninterruptable Power Supply Systems for LED Traffic Signals except where amended below: Replace Paragraph 6 of Section 2475.05 Materials Subsection 2475.05.01 General When installed at a traffic signal using LED signal lamps, the UPS system shall be capable of maintaining full signal display operation for a minimum of 12 hours after which it shall be capable of maintaining a flashing signal display for a further 6 hours minimum. 2. It is to be assumed that UPS will need to be pad mounted. 3. As mentioned in the technical specifications for the Traffic Detection System, when activated the UPS and or accompanying control software shall send a message (SMS or email) to the County's Manager of Transportation and the County's Maintenance Contractor alerting them of the loss of power. 11 Ai tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION 4. It would be considered desirable for Uninterruptable Power Supply (UPS), to send an automated message to the County's Manager of Transportation and the County's Maintenance Contractor when the UPS is engaged and normal power supply has been interrupted. 2.9 Warranty and Support The Vendor shall be the warrantor of all system components, notwithstanding any manufacturer's warranties whether written or implied for a five (5) year term commencingon the supplied equipment delivery date. The warranty shall cover any defects, failures, or malfunctions in materials and workmanship for all system components. The Vendor shall provide details on maintenance program best practices and care as partof Training. The Vendor shall include all upgrades of the software, firmware, and patches that areoffered by the hardware/software provider during the warranty term. Updates shall be provided electronically (e.g. website, FTP, etc.) and delivered to the County within two (2) weeks of being released. Upon notification by the County, the Vendor shall arrange for shipping or pick-up of the defective equipment within three (3) working days and return swapped -out equipment for warranty replacement and provide a written report as to the cause of any failure. Any system component returned for warranty replacement shall be repaired or replaced and returned to the County within 10 calendar days (i.e. 2-weeks). There shall be no repair cost applied to the County for warranted equipment over the warranty period, unless there is reasonable evidence of damage due to misuse, negligence, improper operation or handling, or willful attack. This shall include all equipment, software, and services performed by the Vendor or any of their sub -contractors. 2.10 Software and Service Agreements a) Software Agreement The Vendor (or Hardware/Software Manufacturer, as applicable) shall sign proper software agreements with the County that will include a warranty that the system is legally protected in terms of intellectual property, patents and uses rights, and that the sufficient information (i.e. system documentation, manuals, etc.) are accessible to the County in order to ensure the 12 250 Ai tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION continuing operation of the system in case of a default by the Vendor. All contracts and agreements shall be reviewed and approved by the County to verify that its interests are covered and protected. The County reserves the right to make changes to agreements, as appropriate. b) Software User License Agreement The agreement shall release the County from any liability to the Vendor, third -party, or other persons in any dispute regarding patents, intellectual property, etc.; furthermore, the Vendor will defend, indemnify, and hold harmless based upon an alleged infringement of, or violation of any intellectual property rights, such as trade secrets, trademarks, or copyrights and relating to, caused by, or arising out of these agreements. The agreements shall include all the necessary clauses that would give the County the following rights: - The access and the rights to use the original software, upgrades, and all enhancements made to the software during the duration of the warranty period without the need to pay any additional fees. - The access and the rights to use the software, upgrades and all enhancements made to the software, during the duration of the warranty period without need to negotiate any additional agreements. 2.11 Training The Vendor shall provide a total of twenty-four (24) hours of hands-on technical training for County Staff and/or Maintenance Contractors related to intersection detection system installation, calibration, testing and troubleshooting. The Vendor shall train the on programming, testing, calibration, installation, and maintenance of the equipment to ensure optimal use. The Vendor shall ensure that on -site technical support staff shall attend training sessions to answer questions. Ensure that appropriate COVID-19 safety protocol and County policies are observed during on - site training sessions. Practical training on equipment should occupy a significant portion of all training classes. The training presentations and material should be provided in English in both digital format (i.e. PDF) and hard copy. 13 251 Ai tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION Training Manuals shall be provided for each training participant at each session. The Vendor training shall cover system and equipment familiarization. User Manuals shall be provided for all major intersection detection system components. The Vendor shall provide training curricula to the County for review a minimum 10 business days prior to commencement of training. The Vendor shall submit the training curricula, presentations, and materials for review and approval by the County. No training shall commence until these items have been approved by the County. 2.12 Preliminary Project Schedule The anticipated project schedule will be as follows: ➢ Summer 2022 -Supply and Deliver Traffic Detection and UPS Systems for the Intersections of Sunset Drive (County Road 4) at John Wise Line (County Road 45) and Sunset Drive (County Road 4) at Southdale Road (County Road 57). ➢ Spring 2023 — Supply and Deliver Traffic Detection and UPS Systems for the Intersections of Wellington Road (County Road 25) at Ron McNeil Line (County Road 52) and Plank Road (County Road 19) at Calton Line (County Road 45). ➢ Spring 2024 — Supply and Deliver Traffic Detection and UPS Systems for the Intersections of Highbury Avenue (County Road 30) at Ron McNeil Line (County Road 52) and Highbury Avenue (County Road 30) at Ferguson Line (County Road 48). ➢ Spring 2025 — Supply and Deliver Traffic Detection and UPS Systems for the Intersections of John Street (County Road 73) at Beech Street (County Road 53) and John Street (County Road 73) and Progress Drive. ➢ Spring 2026 — Supply and Deliver Traffic Detection and UPS Systems for the Intersections of Colborne Street (County Road 4) at Joseph Street (County Road 23) and Talbot Line (County Road 3) and Iona Road (County Road 14). 2.13 Deliverables The deliverables for this project are summarized below: ➢ 10 new complete Intersection Detection Systems (Assume 2 per year for 5 years) ➢ 10 new Traffic Detection and Uninterrupted Power Supply Systems (Assume 2 per year for 5 years) ➢ Training and Support as described in this RFP 14 PM ALlac hiu"YaeIn L I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION ➢ All warranty and specification materials required as stipulated in this RFP 2.14 Information Provided by the County The County will supply the following items: ➢ Existing Equipment List/Inventory 15 P"I ALlac hiu"YaeIn L I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION SECTION 3.0 - PROPOSAL REQUIREMENTS 3.1 Proposal Submissions ELECTROINflC III'')II POSIII.. ;"! i.IVB1V lll;"! 5i0iYS 01YU11, shall be received by the Bidding System. Hardcopy submissions not permitted. Failure to include the submission requirements may result in your proposal being disqualified. In addition to uploading the technical proposal and financial proposal submissions to the bidding system, Proponents may also upload an optional document under the Additional Document (optional) section. 3.2 Technical Proposal Submission Requirements (Part 1) Proponents shall upload a PDF Technical Proposal Submission to the Bidding System. The technical proposal submission shall be no longer than fifteen (15) single sided pages (Arial 12 font or equivalent), excluding the Curricula Vitae. The submission should include all of the information listed in this Technical Proposal Requirements section. Each response should clearly identify the section of this RFP to which it is responding (by number and heading). The Proponent should provide information of sufficient scope and depth to demonstrate the ability of the Proponent to deliver the equipment, support and services described in this RFP. Information submitted is subject to verification, and further pertinent information may be obtained from references. a) Section 1: Company Overview/Background Understanding A narrative demonstrating the firm's understanding of the full scope of services, reasons why the Proponent is interested in taking on this project and its familiarity with the County of Elgin. The narrative shall also include the number of years the manufacturer/dealer has been supplying the proposed equipment and other traffic detection systems within Canada. b) Section 2: System Description Provided a detailed description of the proponents Traffic Detection System and Uninterrupted Power Supply, including the systems features, functions and operations, that meet or exceed the requirements set out in the Request for Proposal. It is the Proponent's responsibility to explain their product/services as meeting or exceeding the requirements, and why it is appropriate for the County to implement its Traffic Signal Modernization. Proposals will be assessed according to how well they assure the County's success to the RFP requirements. The detail and clarity of the Proposal will be considered indicative of the Proponents expertise and competence. 16 254 Ai tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION c) Section 3: System Support A narrative demonstrating the firm's proposed plan to provide training for County Staff and Maintenance Contractor. To provide onsite installation support and continued support for system implementation and operation for the length of the project schedule plus one year of operation. d) Section 4: Software Agreements The Proponent shall provide service level and software agreements as part of their proposal submission that meet the requirements as stated in Section 2.10. The agreement(s) shall be uploaded as part of the proposal submission under the document upload titled "Software Agreements". e) Section 5: Client References Provide at least three (3) references the County may contact. References should be from sources of similar project experience relevant to the requirements of this project and include projects where various timelines and schedules were managed simultaneously and the timeline and budget were met to deliver a successful project. Where the budget and timeline were not met, include details regarding the challenges faced and the workarounds utilized in order to complete the project 3.3 Financial Submission Requirements - Financial Proposal (Part 2) Proponents shall upload a PDF Financial Proposal Submission to the Bidding System. Provide a comprehensive budget breakdown of all costs of the contract in Canadian dollars that covers: • Equipment detail and pricing; • Software costs including implementation, training and any fees; • Detail any licensing fees and the license fee structure; • Pricing shall be firm for the first year of the contract. Proponents shall detail any cost guarantees for the potential five-year term. The proposal must clearly state which services are not included in your financial pricing submission. Provide any price clarifications in your financial proposal submission. 3.4 Evaluation Process This is a multi -stage evaluation process that considers both the qualifications of the Proponent and price. Phase I: Technical Proposal Phase I of this RFP requires that Proponents respond to the Technical Proposal Requirements listed in section 3.2. During this phase of the evaluation process, submissions will be reviewed and evaluated by an evaluation committee through a consensus method based on the evaluation criteria set out in section 3.5. 17 0&1 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION The disclosure of the allocated weightings for each category/criteria is provided to assist Proponents in preparing a submission that best meets the requirements of the County. Phase II: Financial Proposal Phase II of this RFP requires that Proponents respond to the Financial Submission Requirements listed in section 3.3. Pricing will be calculated according to the example provided in section 3.6. Each proposal will be evaluated on its clarity and the demonstrated understanding of the Project requirements, the services proposed and timeframes, as well as the proponent's experience and the anticipated benefit to Elgin County. A short list of firms may be created for purposes of an interview or presentation, should this be required. Proponents may be contacted to explain or clarify their proposals; however, they will not be permitted to alter information as submitted. An Evaluation Committee has been created with members of the Engineering & Purchasing Departments. Proposals will be evaluated on the basis of all information provided by the Proponent. Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP. Failure to comply with these requirements may deem the proposal non -responsive. Selection of a proposal will be based on (but not solely limited to) the following criteria and any other relevant information provided by the Proponent at the time of submission as well as any additional information provided during subsequent meetings with the Proponent. In recognition of the importance of the procedure by which a Proponent may be selected, the following criterion outlines the primary considerations to be used in the evaluation and consequent awarding of this project (not in any order). The County reserves the right to evaluate and rank each submission using criterion noted. Actual scores will be confidential. The County reserves the right to request confidential references for any of the proponent's projects listed, as well as any of the proponent's other projects, and factor the ratings from all references, whether completed or in progress. 3.5 Evaluation Criteria Submissions will be evaluated by an evaluation committee based on the following categories. The disclosure of the allocated weightings for each category is provided to assist in preparing a proposal that best meets the requirements of the County. By responding to this RFP, Proponents agree to accept the decision of the evaluation committee as final. Proposals will be evaluated based on the following weighted evaluation factors: Rated Criteria Maximum Weight Points I"°PPI°°°IIIIVIIPA III)I°WPOSAlll.. 81,11I Ill:)OIIIINI I 18 256 ALlac hiu"YaeIn L I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION Section 1: Company Overview/Background Understanding Demonstrates a thorough understanding of the project objective, scope and background. Meets or exceeds the supplier experience requirements. 20 Section 2: System Description Cleary explains the proposed systems capabilities, features, functions and operation, and how the proposed system meets or exceeds the requirements of the RFP. 40 Section 3: System Support Provides a clear explanation of support and training to be provided that ensures a smooth implementation of system. 15 Section 4: Software Agreement Meets or exceeds the requirements specified in Section 2.10. 5 References Pass/Fail :iIIIMAINJCiAL Ill)II POSAL � (l) Ill:)WllM I Fees / Pricing/Total Overall Cost 20 points i"°OTAL 0I.,Il1 V11III.,IIiLAI""IINE Ill:)MlM..i..S :111)(1) Ill:)MllM I 3.6 Ratings The following table describes the characteristics attributable to particular scores between 0-10. 0 Unacceptable Did not submit information 1-2 Very Very poor to unsatisfactory Unsatisfactory 3 Unsatisfactory Minimally addresses some, but not all of the requirement of the criteria. Lacking in critical areas 4 Somewhat Addresses most of the requirements of the criteria to the minimum Unsatisfactory acceptable level. Lacking in critical areas. Somewhat Addresses most, but not all, of the requirements of the criteria to the 5 Satisfactory minimum acceptable level. May be lacking in some areas that are not critical. 6 Satisfactory Adequately meets most of the requirements of the criteria. May be lacking in some areas that are not critical. 7 Good Meets all requirements of the criteria. 8 Very Good Somewhat exceeds the requirements of the criteria. 9 Excellent Exceeds the requirements of the criteria in ways that are beneficial. 19 P�*A AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION 10 Outstanding Proposal exceeds the requirements of the criteria in superlative ways / very desirable. The lowest cost proposed shall be awarded the full amount of points available for the fee portion of the evaluation. All higher proposals shall be awarded points, rounded to the closest full point for the cost portion of the evaluation by the following: Lowest Cost _ Proposed Cost x Maximum Points = Total Cost Points. It should be emphasized that pricing/cost is only one of the factors being considered in determining the successful Proponent. In submitting a proposal, the Proponent acknowledges the County's right to accept other than the lowest priced proposal and expressly waives all rights for damages or redress as may exist in common law stemming from the County's decision to accept a proposal which is not the lowest price proposal, if it is deemed to be in the County's best interest to do so. All qualified proposal submissions will be reviewed and evaluated. Additional information may be requested if necessary. Only the proposal response and Curricula Vitae requested will be evaluated. Proponents must include all relevant information in the required page limit restriction identified in section 3.2. 3.7 Presentation and Interview The County may have the two highest scoring Proponents provide additional insight into the Proponent's ability to meet the requirements to the Evaluation Committee. The County reserves the right to invite more or fewer than two Proponents based on the scoring results. Presentations will be conducted via a web meeting. Presentations shall follow this general format: ➢ Introduction of Proponents Project Team (5 minutes) ➢ Proponent Presentation of the Proposal (45 minutes) ➢ Question and Answer Session (10 minutes) The Proponents will be notified of the final format and exact date and time for presentations in advance. For the presentation portion of the evaluation (if required), the County will be using the rating criteria shown below and will evaluate each short-listed Proponent only. Presentation Criteria and Weighting (Second Stage if required): Criteria Category Weighted Points Presentation 25 The score from the evaluations and the presentation will be combined to determine an overall score. 20 P4�:3 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION SECTION 4.0 - GENERAL CONDITIONS 4.1 Rights of the County The County is not liable for any costs incurred by the Proponent in the preparation of their response to the RFP or selection interviews, if required. Furthermore, the County shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non -acceptance by the County of any proposal or by reason of any delay in the award of the contract. The County reserves the right to accept any proposal, in whole or in part, that it feels most fully meets the selection criteria. Therefore, the lowest cost proposal, or any proposal may not necessarily be accepted. County staff shall evaluate all compliant proposals received by the closing time and make evaluations and recommendations for acceptance. The County reserves the right to request specific requirements not adequately covered in their initial submission and clarify information contained in the Request for Proposal. The County reserves the right to modify any and all requirements stated in the Request for Proposal at any time prior to the possible awarding of the contract. The County reserves the right to cancel this Request for Proposal at any time, without penalty or cost to the County. This Request for Proposal should not be considered a commitment by the County to enter into any contract. The County reserves the right to enter into negotiations with the selected Proponent. If these negotiations are not successfully concluded, the County reserves the right to begin negotiations with the next selected Proponent. Proposals shall remain open and subject to acceptance for a period of ninety (90) days from closing date. In the event of any disagreement between the County and the Proponent regarding the interpretation of the provisions of the Request for Proposal, the Director of Financial Services or an individual acting in that capacity, shall make the final determination as to interpretation. No proposal shall be accepted from any person or Proponent who, has a claim or has instituted a legal proceeding against the County or against whom the County has a claim or has instituted a legal proceeding, without the prior approval of County Council. This applies whether the legal proceeding is related or unrelated to the subject matter of this RFP. 4.2 Conflict of Interest The Proponent declares that no person, firm or corporation with whom or which the Proponent has an interest, has any interest in this RFP or in the proposed contract for which this proposal is made. 21 259 Ai tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION The Proponent further declares that no member of the Council of the County and no officer or employee of the County will become interested directly or indirectly as a contracting party, partner, shareholder, surety, or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the money to be derived there from. Should the Proponent feel that a conflict of interest or potential conflict of interest exists; the Proponent must disclose this information to the County prior to the submission of a proposal. The County may, at its discretion, delay any evaluation or award until the matter is resolved to the County's satisfaction. The County may allow a conflict of interest or potential conflict of interest to exist if it is satisfied that there are adequate safeguards in place and if the County determines that it is in its best interests to do so. The County reserves the right to disqualify a proposal where the County believes a conflict of interest or potential conflict of interest exists. 4.3 Modified Proposals In the event that a preferred proposal does not entirely meet the requirements of the County, the County reserves the right to enter into negotiations with the selected Proponent, to arrive at a mutually satisfactory arrangement and to make any modifications to the proposal as are in the best interests of the County. 4.4 Disqualification of Proponents More than one Proposal from an individual firm, partnership, corporation or association under the same or different names will not be considered. A Proponent shall not discuss or communicate, directly or indirectly with any other Proponent, any information whatsoever regarding the preparation of its own Proposal or the Proposal of the other Proponent. Proponents shall prepare and submit Proposals independently and without any connection, knowledge, comparison of information or arrangement, direct or indirect with any other Proponent. Collusion between Proponents will be sufficient for rejection of any Proposals so affected. 4.5 Confidentiality The proposal must not be restricted by any statement, covering letter or alteration by the Proponent in respect of confidential or proprietary information. The County will treat all proposals as confidential. The County will comply with the Municipal Freedom of Information and Protection of Privacy Act, and its retention by-law pursuant to the Municipal Act, in respect of all proposals. All Public Reports approved by the Council of the County will become public information. 4.6 Proposal Assignments The successful Proponent will not be permitted to assign or transfer any portion of the proposal as submitted or the subsequent agreement without prior written approval from the County. 22 260 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION 4.7 Purchasing Policy Submissions will be solicited, received, evaluated, accepted and processed in accordance with the County's Purchasing Policy as amended from time to time. In submitting a proposal in response to this RFP, the Proponent agrees and acknowledges that it has read and will be bound by the terms and conditions of the County's Purchasing Policy. The Purchasing Policy can be viewed on the County's website, www®elincounty®ca 4.8 Failure to Perform Failure to comply with all terms and conditions of this proposal, and failure to supply all documentation, as required herein, shall be just cause for cancellation of the award. The County shall then have the right to award this contract to any other Proponent or to re -issue this RFP. 4.9 Award and Agreement The Proponent that fully meets the requirements and scores the highest based on the evaluation criteria, will be recommended for award. Once the award is made and approved by the County or County Council, the report recommending such award including the total cost of the awarded project shall be a matter of public record, unless otherwise determined by Council. A written agreement, prepared by the County shall be executed by the County and the successful Proponent. The complete proposal package submitted by the successful proponent, together with the entire Request for Proposal documents prepared by the County of Elgin, shall form part of the Agreement (see attached sample of agreement in Appendix A). This agreement is additional to the software agreement noted in the Terms of Reference. 4.10 Insurance Requirements Any agreement resulting from this RFP will contain the following insurance requirements: a) Comprehensive general liability insurance including bodily injury, property damage liability, personal injury liability, completed operations liability, blanket contractual liability, non -owned automobile and shall contain a severability of interest and cross liability clause to a limit of no less than five million ($5,000,000) dollars in respect to any one occurrence. The above -mentioned policy shall be endorsed to include the County of Elgin as an Additional Insured. b) Standard OAP 1 Automobile liability policy in the amount of two million ($2,000,000) dollars. c) The aforementioned policies of insurance shall contain or shall be subject to the following terms and conditions: ➢ be written with an insurer licensed to do business in Ontario; ➢ be non-contributing with, and will apply only as primary and not excess to any other insurance or self-insurance available to Elgin County; ➢ contain an undertaking by the insurer to notify the County in writing not less than sixty (60) days before any material change in risk or cancellation of coverage. 23 261 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION ➢ any deductible amounts shall be borne by the Proponent. ➢ Prior to the execution of the Agreement and within fifteen (15) business days of the placement, renewal, amendment, or extension of all or any part of the insurance, the Proponent shall promptly provide Elgin County with confirmation of coverage insurance and, if required, a certified true copy(s) of the policy(s) certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Agreement. 4.11 Indemnification The successful Proponent shall indemnify and hold harmless the County of Elgin, its officers, County Council, Employees and volunteers from and against any liabilities, claims, expenses, demands, loss, cost, damages, suits or proceedings by whomsoever made, directly or indirectly arising directly or indirectly by reason of a requirements of this agreement save and except for damage caused by the negligence of the County or their employees. 4.12 WSIB Requirements The successful Proponent shall furnish a WSIB Clearance Certificate rp for to commencement of work and agrees to maintain their WSIB account in good standing throughout the contract period. If the successful Proponent is a self-employed individual, partner or executive officer who does not pay WSIB premium and is recognized by WSIB as an "independent operator" a letter from WSIB acknowledging independent contractor status and confirming that WSIB coverage is not required must be provided to the County of Elgin prior to commencement of work. 4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005 The Proponent shall ensure that all its employees and agents receive training regarding the requirements as outlined in the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) as well as the Ontario Human Rights Code. The Proponent is responsible to ensure that all of its employees, volunteers and others for which the Proponent is responsible are adequately trained. In accordance with the Accessibility for Ontarians with Disabilities Act, 20051ntegrated Accessibility Standards Regulation (Ontario Regulation 191111), the County requires content created for the municipality that is to be posted on our website to be provided in a format which is compliant with WCAG 2.0 Level AA requirements. As required under Section 14 of the regulation, any content published on our website after January 1, 2012 needs to be compliant with the WCAG requirements by the timelines set out in the Regulation. It is the successful Proponent's responsibility to produce the required documents in an accessible format 4.14 Disqualification The County may, in its sole discretion, disqualify a proposal or cancel its decision to make an award under this RFP, at any time prior to the execution of the Agreement by the county, if, 24 262 ALlac hiu"YaeIn L I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION ➢ the Proponent fails to cooperate in any attempt by the County to verify any information provided by the Proponent in its proposal; ➢ the Proponent contravenes one proposal per Person or Entity; ➢ the Proponent fails to comply with the laws of Ontario or of Canada, as applicable; ➢ the Proposal contains false or misleading information; ➢ the Proposal, in the opinion of the County, reveals a material conflict of interest; ➢ the Proponent misrepresents any information contained in its proposal. 4.15 Record and Reputation Without limiting or restricting any other right or privilege of the County and regardless of whether or not a proposal or a Proponent otherwise satisfies the requirements of this RFP, the County may disqualify any proposal from any Proponent, where; ➢ In the opinion of the County Solicitor or the Purchasing Coordinator for the County, the commercial relationship between the Corporation of the County of Elgin and the Proponent has been impaired by the prior and/or current act(s) or omission(s) of each Proponent, including but not limited to: a) Litigation with the County; b) The failure of the Proponent to pay, in full, all outstanding accounts due to the County by the Proponent after the County has made demand for payment; c) The refusal to follow reasonable directions of the County or to cure a default under a contract with the County as and when required by the County or it's representatives; d) The Proponent has previously refused to enter into an Agreement with the County after the Proponent's proposal was accepted by the County; e) The Proponent has previously refused to perform or to complete performance of contracted work with the County after the Proponent was awarded the contract; f) Act(s) or omission(s) of the Proponent has resulted in a claim by the County under a bid bond, a performance bond, a warranty bond or any other security required to be submitted by the Proponent on an RFP within the previous five years. ➢ In the opinion of County Council or the Chief Administrative Officer, or their designate, there are reasonable grounds to believe that it would not be in the best interests of the County to enter into an Agreement with the Proponent, for reasons including but not limited to the conviction or finding of liability of or against the Proponent or its officers or directors and any associated entities under any taxation legislation in Canada, any criminal or civil law relating to fraud, theft, extortion, threatening, influence peddling and fraudulent misrepresentation, the Environmental Protection Act or corresponding legislation in other jurisdictions, any law regarding occupational health or safety or the Securities Act or related legislation. 4.16 Proponent's Costs The Proponent shall bear all costs and expenses incurred by the Proponent relating to any aspect of its participation in this RFP process, including all costs and expenses related to the Proponent's involvement in; 25 263 ALlac hiu"YaeIn L I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION ➢ the preparation, presentation and submission of its proposal; ➢ the Proponent's attendance at the Proponent's meeting; ➢ due diligence and information gathering processes; ➢ site visits and interviews; ➢ preparation of responses to questions or requests for clarification from the County; ➢ preparation of the Proponent's own questions during the clarification process; and, ➢ agreement discussions. The County is not liable to pay such costs and expenses or to reimburse or compensate a Proponent under any circumstances, regardless of the conduct or outcome of the RFP Process, including the rejection of all proposals or the cancellation of the RFP, and including any negligence of the County in the conduct of the RFP process. 4.17 Legal Matters and Rights of the County This RFP is not an offer to enter into either a bidding contract (often referred to as "Contract A") or a contract to carry out the project (often referred to as "Contract B"). Neither this RFP nor the submission of a proposal by a Proponent shall create any contractual rights or obligations whatsoever on either the Proponent or the County. The County may at its sole discretion change or discontinue this RFP process at any time whatsoever. The County may in its sole discretion enter into negotiations with any person, whether or not that person is a Proponent or a Short -Listed Proponent with respect to the work that is the subject of this RFP. The County may at its sole discretion decline to evaluate any proposal that in the County's opinion is incomplete, obscure or does not contain sufficient information to carry out a reasonable evaluation. Without limiting the generality of the RFP, the County may at its sole discretion and at any time during the RFP process; ➢ reject any or all of the Proposals; ➢ accept any Proposal; ➢ if only one Proposal is received, elect to accept or reject it; ➢ elect not to proceed with the RFP; ➢ alter the timetable, the RFP process or any other aspect of this RFP; and ➢ cancel this RFP and subsequently advertise or call for new Proposals for the subject matter of this RFP. In addition to and notwithstanding any other term of this RFP, the County shall not be liable for any damages resulting from any claim or cause of action, whether based upon an action or claim in contract, warranty, equity negligence, intended conduct or otherwise, including any action or claim arising from the acts or omissions, negligent or otherwise of the County and including any claim for direct, indirect or consequential damages, including but not limited to damages for loss of profit, loss of reputation, injury to property and bodily injury that results from the Proponents' participation in the RFP process, including but not limited to; 26 ALlac hiu"YaeIn L I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION ➢ the disclosure of a Proponent's confidential information; ➢ the costs of preparation of a Proponents Proposal, whether it is accepted, disqualified or rejected; ➢ any delays, or any costs associated with such delays, in the RFP process; ➢ any errors in any information supplied by the County to the Proponents; ➢ the cancellation of the RFP; and ➢ the award of the contract to a Proponent other than the Proponent recommended by the Proposal Review Committee. 4.18 Human Rights, Harassment and Occupational Health and Safety The successful Proponent shall be required to comply with the County's policies regarding Human Rights, Harassment in the Workplace and Occupational Health and Safety as well as all Provincial and Federal laws, regulations and guidelines regarding Human Rights, Harassment in the Workplace and Occupational Health and Safety. 4.19 Covid-19 Pandemic The successful Proponent shall comply with current COVID health and safety measures in place during the term of this contract. All Proponents (hereinafter including all individual employees, agents or other representatives) must obtain and review the County's COVID-19 Vaccination Verification Polio, 8®390. 4.20 Clarification The County may require the Proponent to clarify the contents of its proposal, including by the submission of supplementary documentation, or seek a Proponent's acknowledgement of the County's interpretation of the Proponent's proposal. The County is not obliged to seek clarification of any aspect of a proposal. 4.21 Supplementary Information The County may, in its sole discretion, request any supplementary information whatsoever from a Proponent after the submission deadline including information that the Proponent could or should have submitted in its proposal prior to the submission deadline. The County is not obliged to request supplementary information from a Proponent. 27 NOW REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION 4.22 Default / Non -Performance The County will reserve the right to determine "non-performance" or "poor quality" of service and further reserves the right to cancel any or all of this contract at any time should the Proponent's performance not meet the terms and conditions of the RFP upon 30 days written notification to the Proponent. "Non-performance" shall mean the failure to meet the complete terms and conditions of this Contract including, but not limited to, the response time. In the event of such cancellation, the County retains the right to claim damages as a result of such default. If the County terminates the Contract, it is entitled to: a) withhold any further payment to the Proponent until the completion of the work and the expiry of all obligations under the Contract; and b) recover from the Proponent any loss, damage and expense incurred by the County by reason of the default (which may be deducted from any monies due or becoming due to the Proponent). 28 K1.11. Attac hiu"YaeIn L I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION APPENDIX A - SAMPLE AGREEMENT THIS AGREEMENT made effective this XXXX day of XXXXXXX, 2022. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN (hereinafter called "County") (hereinafter called "Vendor") OF THE FIRST PART OF THE SECOND PART WHEREAS on <Insert Date>, the County issued Request for Proposal No. <Insert #> and Addendum No. <X> dated <Insert Date> for <Insert Project Name> for the County of Elgin (the "RFP"); AND WHEREAS on <Insert Date> the Vendor submitted a proposal in response to the RFP (the "proposal"); AND WHEREAS the County wishes to enter into an agreement with the Vendor for the services, as more particularly described in the RFP Terms of Reference, attached hereto as Schedule A forming part of this Agreement (the "Services"); NOW THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) now paid by the Vendor to the County and performance of the promises, obligations and covenants herein contained, the receipt and sufficiency of which consideration is hereby irrevocably acknowledged, the Parties hereto covenant and agree as follows: ARTICLE 1 The Vendor shall provide the Services set forth in Schedule "A" hereto, including but not limited to satisfaction of all Evaluation and Service Requirements and Qualifications and Requirements as set forth therein; provided that, if there should be any conflict between the text of this Agreement and the provisions of the said Schedule "A", the text of this Agreement shall prevail. ARTICLE 2 The County covenants with the Vendor that the Vendor, having in all respects complied with the provisions of this Agreement, will be paid for and in respect of all the work, at the quoted rates or lump sum amount as summarized below: - $XX.00 per XXX for the period of <Insert Date> to <Insert Date> - OR State Lump Sum Amount 29 267 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION ARTICLE 3 The Term of this Agreement is for a three-year term, deemed to commence on or about <Insert Date> and expire on <Insert Date>; provided further that the County, in its unfettered discretion, may extend the within Agreement up to an additional XXX (X) years upon mutual agreement between both Parties. ARTICLE 4 A copy of each of the Terms of Reference and Addendum No. XX are hereto annexed (as Schedule A) and together with the Vendor Proposal, General Conditions, Proposal Requirements and Information for Proponents relating to the work contemplated herein, even though not attached, all as listed in the RFP document, form part of and are deemed to be incorporated into this Agreement. ARTICLE 5 In case of any inconsistency or conflict between the provisions of this Agreement and the Terms of Reference or General Conditions or RFP or any other document or writing, the provisions of such documents shall take precedence and govern in the following order, namely: a) Agreement; b) Addenda; c) Terms of Reference; d) Vendor Proposal; e) General Conditions; f) Proposal Requirements; g) Information to Proponents. ARTICLE 6 Either Party may terminate this Agreement at any time, without notice or creation of any right to compensation or damages, forjust cause, which shall include, without limitation, dishonesty, fraud, willful deceit or failure to properly fulfill the obligations hereunder where such failure is not remedied within ten (10) days after notice of same is given. Notwithstanding that set forth immediately above, either Party hereto may terminate this Agreement, for convenience and without creating any right to compensation or damages, upon giving at least ninety (90) days written notice to the other Party. ARTICLE 7 The Vendor shall indemnify and save harmless the County, including it elected officials, officers, employees and agents and further including their respective heirs, executors, administrators, and assigns (hereinafter collectively the "Releasees") from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs as between a solicitor and his or her 30 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION own client), interest, or damages of every nature and kind whatsoever as arising from the negligence, errors, omissions, fraud, or willful misconduct of the Vendor, including its officers, employees, servants, agents, and consultants or sub -consultants, or any one or combination of them, as attributable or connected with the performance, non-performance, or purported performance by the Vendor of any promise, obligation, or covenant as contemplated by this Agreement, save and except to the extent that same is attributable to or caused by the negligence of the County, its officers, employees, servants, agents, or consultants or sub -consultants, or any one or combination of them. Furthermore, this indemnity shall survive the expiration or termination of this Agreement and continue thereafter in full force and effect. ARTICLE 8 This Agreement together with its Schedule constitutes the entire understanding between the Parties. Any change, addition to, or waiver of the terms hereof must be specifically agreed upon, in writing, and signed by both Parties. Failure on the part of either Party to insist upon the strict observance of any of the terms and/or conditions herein shall not operate as a waiver of such Party's right to require the future observance of any such terms or conditions. ARTICLE 9 The Vendor declares that it has either investigated for itself the character of the work and all local conditions that might affect the proposal or acceptance of the work, or that not having so investigated, it is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work, or any items thereof, more expensive in character or more onerous to fulfill, than was contemplated or known when the proposal was made of the Contract signed. The Vendor also declares that it did not and does not rely upon information furnished by any methods whatsoever, by the County or its officers or employees, being aware that any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the County. ARTICLE 10 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party at the following addresses: COUNTY: Corporation of the County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 VENDOR: 31 269 AI tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION Either Party may from time to time change its address for service by notice to the other Party as previously set out. For the purposes immediately set forth above, Notices which are served in the manner as set out above shall be deemed sufficiently given for all purposes of this Agreement, in the case of those personally served directly upon the Party to be deemed to have been completed upon the date of service, and in the case of registered mail, on the third postal delivery day following the mailing of the Notice. Should normal service of mail be interrupted by strikes, slowdown or other cause, then the Party sending the Notice shall use any similar service which is not been so interrupted in order to secure prompt receipt of the Notice and for purposes of this Agreement such service shall be deemed to be personal service. ARTICLE 11 This Agreement shall not be assigned, in whole or in part, by either Party hereto without the prior written consent of the other Party. ARTICLE 12 This Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario and, when applicable, the Dominion of Canada. ARTICLE 13 All obligations under this Agreement shall be considered a separate covenant and any declaration of invalidity of any such covenant shall not invalidate any other such covenant. ARTICLE 14 The Contract shall apply to and be binding on the parties hereto, their heirs, executors, successors, administrators, and assigns jointly and severally. (Balance of Page Left Blank Intentionally) 32 270 Ai tach i"Y'li lil" t I REQUEST FOR PROPOSAL NO. 2022-P19 TRAFFIC SIGNAL MODERNIZATION ARTY I F it; This Agreement may be executed in several counterparts, each of which, when so executed, shall constitute but one and the same document. This Agreement may also be signed in paper form, by facsimile signature or by electronic signature in accordance with section 11 of the Electronic Commerce Act, 2000 (Ontario). It may also be signed, whether or not in counterpart, scanned to Adobe° Portable Document Format (PDF) and delivered by way of electronic mail. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals on the day and at the location indicated below or otherwise caused their corporate seals to be affixed, attested by the signature of their proper officers, as the case may be. Date: Location Date: Location Corporation of the County of Elgin Per: Name: Mary French Position: Warden Per: Name: Positio Julie Gonyou n: Chief Administrative Officer We have the authority to bind the Corporation < lllNJ ER 1"" AL'IIINJD0R, III JAIVIE Per: Name: Position: I have the authority to bind the Corporation 33 271 AIlmlachi"Y'li :lint 001, Elgitv- View Details Return to the Bids Homepage (https:Helgincounty.bidsandtenders.ca/Module/Tenders/en) Bid Details Bid Construction Classification: Bid Type: Request For Proposal Bid Number: 2022-P19 Bid Name: Traffic Signal Modernization Bid Status: Closed Published Mon May 9, 2022 11:00:59 AM (EDT) Date: Bid Closing Thu Jun 2, 2022 3:00:59 PM (EDT) Date: Question Thu May 26, 2022 4:30:00 PM (EDT) Deadline: Time -frame for delivery or the duration Refer to project document of the contract: Negotiation Refer to project document Type: Condition for Participation: Refer to project document Electronic Not Applicable Auctions: Language for Bid English unless specified in the bid document Submissions: Submission Online Submissions Only Type: Submission Online Submissions Only Address: Public No Opening: Description: The County is seeking proposal submissions (Proposals) from interested, qualified firms (Proponents) who are capable of undertaking the project for the supply and delivery of ten new complete Intersection Detection Systems to be installed as part of a modernization of the County's traffic signals as noted in this Request for Proposal (RFP) documents. Bid Document Bid document preview, bid opportunity, and award notices are available on the site free of charge. Access: Suppliers are not required to register for a bid opportunity prior to previewing unsecured bid documents. Please note, some documents may be secured and you will be required to register for the bid to download and view the documents. To obtain an unsecured version of the bid document and/or to participate in this opportunity, an annual or a per bid fee must be paid (annual fee - $399.00, per bid fee - $119.76). Categories: Show Categories [+] 272 Register for this Bid Download Bid Documents Aii.lad;: h i"Y'li is"' int Documents File Name RFP Document Monday May 9, 2022 10:40 AM Appendix B - Intersection Inventory Friday May 6, 2022 11:47 AM Addenda File Name Addendum No. 1 Tuesday May 17, 2022 04:07 PM Addendum 2 Friday May 27, 2022 04:02 PM Purchasing Representatives Employee Hoogstra, Mike Bids Submitted The following are the unofficial bid results Company Contact Rey dela Cruz-Kokeram, Michelle Fortran Traffic Systems Ltd 470 Midwest Road, Toronto Ontario, Canada M1P 4Y5 Rao, Rocco Innovative Traffic Solutions Inc. 7-903 Barton Street, Stoney Creek Ontario, Canada LSE 5135 McGuire, Michael Stinson ITS Inc. 80 Roysun Road, Woodbridge Ontario, Canada L4L8L8 Godfrey, Lisa The Get Go Inc P.O. Box 2182, Stn B, Richmond Hill Ontario, Canada L4E1A4 Plan Takers The following are the plan takers for the bid Company Contact Keane, David ATS Traffic Ltd. Unit 2 - 3300 Ridgeway Drive, Mississauga Ontario, Canada L5L 5Z9 273 Janevski, Gabriela Black & McDonald Limited 31 Pullman Court, Scarborough Ontario, Canada MIX 1E4 Mitchell, Sean D&A Road Services Inc. Box 42414 Vellore PO, Woodbridge Ontario , Canada L4H3M2 Field, Ron Field Electrical Contractors Inc. P.O. Box 673, 90 Borrowman St, Chatham Ontario, Canada N7M 5K8 dela Cruz-Kokeram, Michelle Fortran Traffic Systems Ltd 470 Midwest Road, Toronto Ontario, Canada M1P 4Y5 Feliciano, Cara Guild Electric Limited 470 Midwest Road, Toronto Ontario, Canada M1P 4Y5 Rao, Rocco Innovative Traffic Solutions Inc. 7-903 Barton Street, Stoney Creek Ontario, Canada L8E 5P5 Hoekstra, Jesse Maple City Electric 23184 Walker Road, Chatham Ontario, Canada N7L5R3 McGuire, Michael Stinson ITS Inc. 80 Roysun Road, Woodbridge Ontario, Canada L4L8L8 Godfrey, Lisa The Get Go Inc P.O. Box 2182, Stn B, Richmond Hill Ontario, Canada L4E1A4 Galpin, Mitchell Weinmann Limited 211 Coutwright St, Fort Erie Ontario, Canada L2A 2R9 274 Traffic Signal Modernization RFP No. 2022-1319 Ai:llkam hire Finis Evaluation Team Member Position Evaluation Complete Conflict of Interest Peter Dutchak Manager of Transportation Services Yes No Aaron Van Corspronk Senior Engineering Design & Construction Technologist Yes No Mike Hoogstra Purchasing Coordinator Yes No 18XN1 0 0000X by N''Wure RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Peter Dutchak, Manager of Transportation Services DATE: June 20, 2022 SUBJECT: Request to fill in the Bennett Municipal Drain — Pioneer Line, Village of Dutton THAT the report titled "Request to fill in the Bennett Municipal Drain — Pioneer Line, Village of Dutton" from the General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO, dated June 20, 2022 be received and filed. INTRODUCTION: The County of Elgin has received a request from the Board of Directors at the Dutton & District Lions Non -Profit Housing Inc. to fill in the existing Bennett Municipal Drain that fronts the Caledonia TWO housing property along Pioneer Line in the Village of Dutton. This report discusses this request and options for the land owner under the Drainage Act. DISCUSSION: The County of Elgin has received a request (attached) from the Board of Directors of the Dutton and District Lions Non -Profit Housing Inc. to install a pipe in the open drain portion of Bennett Drain that resides across the frontage of the Caledonia TWO Seniors apartment building and along Pioneer Line (CR 2). The Bennett Drain has existed along the south side of Pioneer Line as an open drain since 1895. The southern Pioneer Line road property limit is located approximately at the bottom (invert) of the open drain and the remaining part of the drain resides upon the Caledonia Two property as determined from available County drawings. In other words, the Bennett Drain is approximately one half on County road property and one half on the adjacent Caledonia Two property. 1 PAW-1 2 As a Municipal Drain, property owners within the drain's watershed area have rights and options under the Drainage Act. Any landowner can request improvements be made, including closing in open drain portions, under Section 78 of the Act. Once a landowner submits a valid petition to the local municipality, a Drainage Engineer is appointed to design a solution to fulfill the petitioner's request and then apportion assessment costs to the drain. In this case, the closing in of an open drain is usually assessed to all benefitting landowners with special consideration towards the requesting petitioner. The County of Elgin does not have jurisdiction over this or any other Municipal Drain and therefore any requests for improvements should be initiated by the landowner and made directly to the local municipality who act as custodians of the Municipal Drains within their boundary. FINANCIAL IMPLICATIONS: None. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: None. Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. 277 3 CONCLUSION: The County of Elgin has received a request to close in a portion of the Bennett Municipal Drain from an adjacent property owner. The Drainage Act affords all watershed property owners the ability to request improvements under Section 78 of the Act, including the request to close in open drains. The requesting landowner should therefore be directed to submit a petition to the Municipality of Dutton Dunwich in order to initiate their request for improvements to the drain. All of which is Respectfully Submitted Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Peter Dutchak Manager of Transportation Services Approved for Submission Julie Gonyou Chief Administrative Officer 278 111 ;11 IIII,ii I I I IIIIIIIIIIIIIIIIIIIIIIII, !III, qIIIIIIIIIIIIIIIIIIIIII JULLMEMMIL "W" ILE tMl Cale"(10,11io Gardens I Lions Road, Dittlon, ON' NOL '13'0 5,19-762-0089 Rigin County Councilors 45,0 Sunset Drivo, St. 1"hon'las, ON NSR,.5V'l 519-631-1460 Rv Proposed change of draitt in Ditittan for Nizardous.reasons Caledoniii,rwo 29475flootevo- [,itic, Dutton, ON MJL 1,M) 519-762-0204), 'Wt-ar(-wriling t,oyoi,it.odaty,,Ioask: if youicouldl fiAotit of our Sertiors #parhvient buildixig at Caledonia TWO 9475 Piotteer lline, Dutton ON), as it is raising,concernssafety wise. Wer, are inqtd6ag ifit would b,e reasible fnr the County to puia drainagepiplein andgrass seeded ontop. The reason for having this drain is evident, lioweverv, we have soine: salty crrrr"emus with it. We have had dowm intodie drain when trying to nianctiver around their vIcluele.9 and we have even had, a teimirts vellicle end up in the drain. Also, in the post thcre was somwnc (own-lenuot) wilo died vylicn thcir ol"Thighway cquipmcnt rnafftlactioncd, smusing both, the driver and "juipuicrit, to go into thc steel) drain as little, furlhcr down Pioneer 1inc froni,witere a;,,iui'bufl din g is., Morcovcr, last year as company was brot%lit its to, jvrviovc all (,,)f the brush and trees that were growing in the drain, as dicy werc obsiaxting the drain. This Sort of Maintenatwe Could disappear if the drain had a pipe put, in altd, the groutid above levelled off, Also, having flait grass oil top of a drailloge pipe would be, nicer than the brush thal grow's out of'ontrol making the wbole area, niore pleasing esthetically. Pictures are also included witlithis letter to ref6viec Me ltvardovs dmin thal, is otirrently along Piancer Unc by Caledonia 'J WO That you fir YoUr Ureic, and cortsideratiori, in'llhis tnaftr. The Board of Directors, Dulton & Di strict, 1, ions'NN01rofit I lo using I'm, Peter Donaldson — Cha i rrnaii, - Cel I 19-719- 1562 11rm)ke Sniall Ofiflice Ad-Kiinistrator no 279 151 152 281 REPORT TO COUNTY COUNCIL ���'� `o FROM: Brian Lima, General Manager of ll1�,.. Engineering, Planning, & Enterprise (EPE) / Deputy CAO Peter Dutchak, Manager of Transportation Services DATE: June 20, 2022 SUBJECT: Request to Extend Reduced Speed Zone — Village of Springfield RECOMMENDATIONS: THAT the report titled "Request to Extend Reduced Speed Zone — Village of Springfield" from the General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO, dated June 20, 2022 be received and filed; and, THAT the Ontario Provincial Police be informed of the recent traffic study results and request that they deploy targeted enforcement activities as resources permit. INTRODUCTION: The County of Elgin has received a request from the Township of Malahide as follows: THAT TovLnship of Malahide Council requests that Elgin County Council conduct speed and traffic counts on Ron McNeil Line at the viest village limit in support of extending the 50km/h speed limit viesterly beyond the built-up residential area. This report will discuss the existing conditions, recommend to maintain the current reduced speed zone limits, and request the OPP to increase targeted speed enforcement in the area. DISCUSSION: The County of Elgin has received a request (attached) from the Township of Malahide to extend the existing reduced speed zone westerly, beyond the Village of Springfield limits. Reduced speed zones along County roads are recommended where sufficient adjacent building density exists in order to classify the road section as a "built up area" as per the definition provided in the Highway Traffic Act. The Highway Traffic Act defines a "built up area" as a rural area where not less than 50 per cent of the frontage of the highway is occupied by dwellings, businesses, schools or churches. Section 128 states that the rate 1 282 2 of speed shall be 50km/h in "built up areas", however, the municipality having jurisdiction of the road may prescribe a different rate. Reducing speed zones in "built up areas" is also prudent from a road safety perspective since the density of entrances will increase potential vehicular conflicts. The current reduced speed zone limits along Ron McNeil Line (CR 52) at the west limits of Springfield begins at the village limits and where the adjacent building density is defined as a "built up area". A "50km/h Ahead" sign exists 200m west of the village limits to advise motorists of the upcoming reduced speed zone. Extending the reduced speed zone westerly into a more rural roadside environment will not necessarily alter driver behaviour in regards to speed sign compliance based on staffs experience. This is primarily due to the fact that drivers tend to travel at a speed at which they feel safe and comfortable driving based on the road's condition and the adjacent roadside environment. In response to this request, staff collected traffic data at two locations, one at the 50km/h begins sign on Ron McNeil Line at the west village limits and a second location at Omemee Street, approximately 350m east of the west village limits. 85th Average wily Average Percentile Data Collector Location Traffic Speed Speed Ron McNeil Line at50km/h Begins Sign 2793 69 79 Ron McNeil Line at Omemee Street 2855 59 68 The collected data confirms that drivers begin to reduce their speed as they enter the village and at approximately 350m within the village (at Omemee Street) drivers have further reduced their speeds an additional 10km/h on average. Recorded speeds are in excess of the posted speed limit and therefore the OPP will be provided the details of the traffic study and requested to complete targeted enforcement activities as their resources permit. FINANCIAL IMPLICATIONS: None. f►1:ic1 3 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The Elgin Detachment of the OPP will be provided with the details of the recently completed traffic study and requested to provided targeted speed enforcement as their resources permit. CONCLUSION: The County of Elgin has received a request from the Township of Malahide to extend the reduced speed zone along Ron McNeil Line westerly and beyond the Village of Springfield limits. The existing reduced speed zone area has been established in accordance with the Highway Traffic Act's definition of a "built up area" as is consistently applied in other communities along Elgin County roads. It is staff's opinion that extending the 50km/h zone westerly, into a rural roadside environment will not necessarily yield driver compliance to a reduced posted speed. The completed traffic study confirms that most drivers are travelling in excess of the posted speed limit once they enter in to the village, therefore, the traffic study details will be forwarded to the OPP with a request to provide targeting speed enforcement. WE All of which is Respecttully Submitted Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Peter Dutchak Manager of Transportation Services Approved for Submission Julie Gonyou Chief Administrative Officer 0 285 87' jrkn Streel tprfuth Aykrm ON N5H 21,-�3 Phom 5N9J73.5344 Fax 519,773-532A www malubWe ca County of B9in 450, Sunset Drive St., 'Thomas, Ontario N5R 5VI 1!=�IMIIIIMI EMM=, 111.01mulm fimzalm At its regular meeting held on May 191111, 2022, the Mal hid TownsNp Councill passed the following ResolUtion THAT Township of Malahide Council requests that Elgin County, Council Conduct The Towns hip appreciates your co-operation wftb respect to this; request andthanks you for your consideratioTi of this matter, Please do not hesitate to, contact this office ifyou require, any further informafion or documentabon. C'^m-� jlxle� Cassandra Young Plu'Vic Works Gooirdi,'tator Copy Matt Sweetland, Director of Public or MIMI REPORT TO COUNTY COUNCIL ���'� `o FROM: Brian Lima, General Manager of ll1�,.. Engineering, Planning, & Enterprise (EPE) / Deputy CAO by N' Wure Paul Hicks, Acting Manager of Planning DATE: June 20, 2022 SUBJECT: Draft Plan Approval, Plan of Subdivision, Part of Lot 123, Concession North of the Talbot Road, Geographic Township of Bayham, County of Elgin Applicant: CJDL Engineering Ltd. Owner: 1985763 Ontario Ltd. File No.: 34T-BY2101 RECOMMENDATION: THAT the Council of the Corporation of the County of Elgin grants draft plan approval to the Draft Plan of Subdivision proposed by CJDL Engineering Ltd. File No. 34T-BY2101; and, THAT staff be directed to provide notice of this decision subject to the conditions for final approval in accordance with the Planning Act. INTRODUCTION: This report is to provide County Council with information required in order to consider granting draft plan approval to the above noted plan of subdivision. In accordance with Section 51 of the Planning Act, the County as 'approval authority' may grant, or refuse, approval to a draft plan of subdivision. DISCUSSION: The subject lands are located on lands known municipally as 8341 Sandytown Road in Straffordville (see attached plan) approximately 100 m north of the intersection of Sandytown and Heritage Line in the community of Straffordville. The owner is requesting draft approval of a 5.9 ha plan of subdivision composed of 39 single - detached building lots to be developed in two phases (one phase of 13 lots, and a second phase of 26 lots), as well as a stormwater management block; a block 1 287 2 containing a pumping station; and associated road widening. The proposed subdivision would be accessed by two new local streets from both Sandytown and Stewart Roads. The lots will be serviced by the municipal sanitary sewage disposal system and private on -site well for drinking water. The lands are designated 'Tier II Settlement Area' and 'Residential' in the County and Local Official Plans, respectively, and are zoned Village Residential 1 Holding (R1(h2)) Zone in the Zoning By-law. The application was deemed 'complete' in September 2021 by the County and a statutory public meeting was held by the Municipality in November 2021. At that meeting several concerns were raised by attendees, specifically regarding issues around the proposed plan's potential impact on groundwater / drinking water conditions, both with regards to potential water quality and quantity. In January 2022, Municipal Council passed a resolution in support of the proposed plan of subdivision and adopting a number of standard conditions of draft approval. Of particular note, to address the issues raised by the public regarding groundwater quantity and quality, the Municipality included a condition requiring the hydrogeological report submitted by the application be peer reviewed to confirm that the proposed plan would not negatively impact groundwater conditions. As approval authority for plans of subdivision, County Staff advised the applicant and the Municipality that staff were not prepared to recommend approval of the draft plan without the peer review of the hydrogeological report having been completed, as having confirmation of an adequate supply of potable water is fundamental to good land use planning. A municipal peer review of the hydrogeological report was completed in late February 2022, and after review by County Staff, further review was requested, which was received in mid -May 2022, along with revised conditions of draft approval from the Municipality reflecting recommendations from the peer review. The peer review confirmed that the conclusions of the original hydrogeological report were sound and conducted in accordance with provincial guidelines and included specific recommendations for the Municipality to incorporate into the subdivision agreement. Despite this additional peer review there remains members of the public who are still not satisfied that the proposed development should move forward, and these individuals have remained actively engaged with local and County staff on the matter. In addition to the peer reviews requested by the County, staff also met with representatives from the Ministry of Municipal Affairs and Housing to confirm the County's approach to reviewing the application. Staff were advised that the Ministry did not take issue with the County's approach and no further review or involvement was undertaken by the Province. 3 FINANCIAL IMPLICATIONS: None. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. This approved plan of subdivision will provide additional housing stock in the Municipality of Bayham. COMMUNICATION REQUIREMENTS: Notice of decision is required to be provided by the County to: • the applicant; • each person or public body that made a written request to the County to be notified of the decision; • the local Municipality; and • any individual or agency as prescribed on the circulation list. CONCLUSION: Based on the analysis contained in the Discussion section of this report, it is in the opinion of staff that Council may grant draft approval to the subject plan of condominium as the plan: nsistent with the Provincial Policy Statement; orms to the policies of both County and Municipal Official Plans ..�,,,; Is compliant with the Municipal Zoning By-law; and Represents good planning and is in the public interest. The Acting Manager of Planning has reviewed File No. 34T-BY2101 and has prepared conditions for draft approval which are attached for Council's review. These conditions have been reviewed by the Municipality of Bayham and by the applicant and no changes have been requested. Based on the above, the Acting Manager of Planning is satisfied with the draft plan of subdivision and the conditions as attached. If County Council approves this draft plan of subdivision, the owner will be responsible for fulfilling the conditions as attached, within three years of the decision by County Council before final approval can be given. All of which is Respectfully Submitted: Brian Lima General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Paul Hicks Acting Manager of Planning Approved for Submission: Julie Gonyou Chief Administrative Officer 0 290 HAI MUNI CIPALMYOF BAYHAM 56169 Heritage 1. ine P.0Boxi 160 Straffordville, ON NOJ 1YD 0 Phone (519),86i6-5621' -866-3884 Municlipality of'Bayham along with a cheque fo,r the required arnount The applicant should retain one copy for their records. 1,/We,. Frank WWI shall assume responsibility for any additional costs exceeding the deposited amount related to the said applicationand understand and agree that for, payment of'said additional costs: shall be a coindition ofthis, signed application. I also, agreeto accept all costs as rendered. Frank Wall, 1985763 Ontario Inc. Property Owner MEMO= Re 11"it'd Vhy '102 � 291 Mlurt6pWily �A Bnyliarn Zc)nJi ig By-I�aw Aotendrnt,.mA App�icajjowi, Page 2 1. Registered Owner's Narne(s): 1985763 Ontark.) Inc,, Address- 12Plank Roiad, Eden ON Phone No. (Horne), IM Lot and C'oncession (if applicable);. Business,, EniaiLwaII$�q!penIry@qmaH,com Are thereany other holders of mortgages,, charges or other encumbrinces of the Subjec') Lands? If sio provIde, the names and addresses of �suich Persons. E-miaiLl p ,,k�Ivesy@cjd[eng.coni .. . .. ........... ........... — ------- ---- Registered Owner ( V)' Ap#cant / Authorized Agent (0 I Legal Description of' flit land for wh�jGh the! arnenicirnerit is requested 34,01-0010-004-09030 Concessaon: NORTH OFTALBOT LctPART OF LOT 123, RP 11 413 PT PART 1, RP 11 R-8705 PAR'r 3 Reference Plan NoPart Lof: ...................... Street and" Municipal Address No -- What is, the s1ze of'pimp erty,which is subject to this Application? Are& 58,9010 m2 Frontage: 20.196 rn Depth, 200 .... . . ................ . ..... When were the subject lands purchased by the current owner? 292 Munib�.ohty Aif Bayhara Zunkiq By-lawArnendmeni, Apphication Page 3 4. Existing Official Plan DesiignztioniHages, ResidanfiW . ......... f w ;M11011r. I Inill ii Colt sistet''WwRI-i policies4.2.2.1, 4.2.4� 1, 4.2.4.2,. 45.2.1, etc .- .. . .... . ...... ... ......... ..... I .. . ... . . ..... ... .... . ...... ........ . .. . ... ........ . . ........ . . . ... . .. .............. ........ . ...... . .. .......... ..... . ....... 5Existing Zoning By-law Classification: R1 �NdCUJLL)rat 1.1.1111-1-1 ............... ... ............... .......... .......... IF I if there are any exisfing buildings or, structures on the subject lands, provide the followinIg infoFwiiation- I - We FI Lot Side Lot Rear Lot Hight Dirnertsims, Urie Line Line Setback Setback Setbacks I F i I I i 11 !1 1 11 i 1 11 1 1 1 1 ME= 6. What is the Natuire and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. Removal of Holding (h2l) zoning to, aflow, for residential subdivison development. ............................................................ . .................................................................. . . . ................. . . ....... . ... . ..................... . . ................ ...... . ...................... . .................................... -'- . .... . ............ - - ---- -- . .. . . . . ......... ... 293 W1,nicipalfty, of Bayharn&.x'6uvq 10'age 4 7. Why is the rezoning being recluested? Removal of Holding (h2) zoning to allow for residential SUbdivision, development. Do es the proposed' Zoning; By-law arnendment irnplement a g"rowth boundalry Yes adjustmont of a settlement area? 1f so, attach separately justification or informatton for the request based on the current OfficiaI Pian policies or associated Official Plan amendrnent 9. Does the proposed amendment, remove land frorn an ar,ea of employrillent? --. ye..s (2, If so, attach sepa rate ly,ju stif i cation or inforniation, for the request based on the ct,ifrerit Official Plan pchcies or associated Official Plan amendment, 10,Descfript,,io5noposeddlevelopineii5tforwhiciit�hisia,mendmentiarequ,ested(i.e. permitted uses, buildings, oir structuresto be erected. Be S,peclfic) Creation of 39 single family resi�deri'UW lots by, Draft Plan o�f Subdivision. . . .............. . . .. .... For any proposed buildings, or structures on the subject lands provide the following inforniation'- Type FrOrIt Lot Side Lot l3ear Lat Height Dimensions Line Una Line Setback Setback Setbacks Residential 7.0r'n I I'M O.Orn — .1-1-1-111 . . ....... .. ...... ... 'f4'.-5"m"' . .. ......... % lot corage maximum 294 M,trm,'palitof Bayham,Zonl11i,q By-law ArneindrnerJ Applicahoill page'S 111. Soces existing or proposed for thie subject larrds:, Please indir-ate with a Water Supply Existing Proposed Municipa�l Pipled Walter, Supply Private Drilled Well Private Dug WO GOMMUIO� Weil Lake or, other, Surface Water, Body Other Sewage Disposal Existing Proposed Mt imcipal Sanitary Sewers Individual Septic System CommunAl System Privy Other Note: If the proposed development is on a private or communal systemi and generato more than,4600 litres of effluent per day,the applicant muSt include a serviciii ng aptions report and a hydrogeoloigical report,. Are these repoils attached? YeS ......... If not, where can they be found"? Storm Drainage Provisions: Proposed Ou let Storrnwater managernerlt pond -G.re,wlal 295 Nlw4cipafity Of Bayl'larn ZmAng f3y-liaw Ameridrneot Appliontion Em 112., How will, the, property be accessed? Provincial Highway, ( County Road MuniciPal Road - rnaintairied all yew ( 01 Mtxnicipal Road - season),Wly ina4itained ( Right-of-way 1( 'Water ( If access is by water, do the parking and dcckin,g facilifies, eXist, and what is the nearest pubkc road? 13. Has, the subject land ever been the subject of an application under, the Planning Act for: Plan of Subdivision ( Consent (V) Zoning By-law Armendmetil Ministers Zoning Order 11yes to any of the above, indicate the file number and slatus, of the application. E63-66/18 E65-69/09 P mIS 1- 11 R-870 5 14, How is the proposed! amiendtnent consistent,with the Provincial Policy Statement 2020? Consistent with policies 11. 1, 1 b,c,d, T, 1.3. 1, ,1.1. 2, 1.1.3,6, 1.141 k .2, 11.4.3, kA 1,6.6w5 .. ............ . . . .... . ....................... -.1--.1 ..... . . ....... 115, Are tba s u bject tands within area designated u nder any Provint I all Plan, (s)? Iftheanswer yes, ido!es the proposed amendment conform to the Proviociall Plan(s)? WOW Municopality af Bayliarn Zoning By4aw Arnentfillerd Apt ,Hcatlon MM IBM (a) A sla h based on an Ontario Land Surveyor description of the subject lands showirig 9 the boundaries and dimension of the subject lands",,, the locaflan , size and type of all existing and pi op bulldings arid structures, 44catring 'their setbacks fi-01TI, 811 lot lines, the location of d6veways, parking or loading spaces, Wndscapiing areas, planting strips, and other uses, the approximailte location of all natural and artifimal features (btfldings, ra,ilways, roads, watercolurses, drainage dftches, banks of ri'vers or Stl"ealTIS, wegands, wooded areas, wells and septic tanks) that am, on the, subject lands, adjacent, to the sublect, lands, or in the op!Non of the applicant ma affect the application,-, @ the CUrrent Uses of the land that is adjacent to tllw subject land,", the location, width, and narne of any roads withinor abutting the subject land, indicating where it is an una,pened nod allowance, a public tray eled road, a private road, or a right-of-way; the location of the parking and docking facilities to be used (if access Mill be by water only): , the location and natUre ofany easement affecting the subject land, (b) Written cornrnentsfrorn the Southwestern Public Fiealth, Long Point RegOn Conservatinn Authority andUnistry of Transpodation (if applicable). (c) If a private sewage system is necessary', dare- consultation,with the Chief Building OfficiW is required about the- -approval process 1T, If this ap;plicafion i's signed by an, agent or solicitor On behalf Ot anapplitan,4s), the owner's written autilo: Ization nitist accornpeny, t e application. If the appilcant is a corporation acting without an agent or solicitor the application must be signed by an officer, of the corporation and the seal If any muist: be off ixed. 18,,, Additional Infon-nation as required by Council 297 Murlucipaljty Of BaytifarnZoning By-law ,Amendtnt Applk::,ation F"lage 8 19, Ifthis application is to accommodate the consent of a surplus farm, dwelling, please provide the following information-, Date SUrplus farm dwellirtg was, erected: Rease provide, the assessment roll njun'iber, location, and zoning ofthe farm parcel with which the subject, lands are being consolid ated,, Roll # 34-01 - MENW, Zoning Classificabon: 1,/We, Frank WaH of the Municipal[ity . ................ . ...... . . . - — - — - - - - - - - - - - - - .. ....... . ......... . ....... N a rn, e of Bayhorn In the, cou�jjty of Elgin I rj do solern My declare: that Me arniarethe own eqs) of the lands, described above (u) that to the best off rny/our knowledge and bellef, all of the Wbrmatlon and statements given In''this application and'in all exhibits transinitted" are, true, Vesy (al), that Me hereby appoint Andrew GH . .. . . ............ —­6— to act as an Agent on my/our behalf in all aspects of this application. 1pwner(s) Signature(s)- And IfWe make this, solbrnn declaration conscientious] , believing it to be true, and knowingthat It Is of the same force andI effect as if made, under oath, and by virtue ofthe "'Canada Evidence Act"', EM A Commissioner, etc. of FE W, M Owner I Agent Owner / Agent M-41 Municipality of llayham Zoning Dy.Vem Amexidtnerit Application P a,g1 0, 9� 299 300 - 7 f 1_ p 1j a ~4:2i p U LiOff= — 0 a � Q ozoo� N c r a Q� LJ p a ov�¢ar� a tail aoz egg, / \ l Cl d O 0 7E (am) $ ----- - 01, Old o �\ e a a . o ry w q P 4 ra� 8 �b'I1N aIS321 �NIlSI 3. �EJu\a� vrvz29504 GI GO LCO2 P'uvl�Jvva E[002\WPory,O\FE092N202\svxoy OVJbti The conditions to final plan of approval for registration of this subdivision (File No. 34T- BY2101) as provided by the County of Elgin are as follows: No. Conditions 1. That the Owner enters into a subdivision agreement containing provisions for the timing of the development in two phases, under Section 51(26) of the Planning Act R.S.O. 1990, as amended, with the Municipality, wherein the Owner agrees to satisfy all the requirements, financial and otherwise, of the Municipality concerning the installation of services including roads, utilities, and stormwater management facilities required for the development of the lands within the plan with securities. All of which shall be to the satisfaction of the Municipality. 2. That the Owner shall redesign the end of Street "A" to include an adequate turnaround illustrating standard truck / emergency vehicle turning movements to the satisfaction of the Municipality. 3. That a multi -well simultaneous pumping test utilizing a minimum of three wells, drilled on adjacent lots during Phase 1 of the development, be conducted to provide empirical verification of the calculations in the amended Hydrogeological Assessment (prepared by Ian D. Wilson Associates Ltd. and dated January 22, 2021) and confirm that the proposed density is acceptable. 4. That the applicant confirm that any licensed well drillers installing wells with respect to the development will either review and confirm understanding of the potential need for specialized well construction techniques, or will be instructed on the potential need for specialized well construction techniques, prior to the commencement of on -site drilling. 5. That the streets on the draft plan shall be named to the satisfaction of the Municipality. 6. That the streets on the draft plan shall provide connection to Sandytown Road (Phase 1) and Stewart Road (Phase 2) and are to be dedicated as open public roads to the satisfaction of the Municipality. 7. That any open sides of road allowances created by this draft plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust by, the Municipality as applicable. All of which shall be to the satisfaction of the Municipality. 302 8. That the Owner design and construct the proposed pumping station to provide adequate connection to municipal sewers and that the subdivision agreement shall make provision for the assumption and operation by the Municipality of the sanitary sewer system within the draft plan, subject to the approval of the Municipality. 9. Prior to final approval, the Owner shall submit for approval, detailed servicing plans designed in accordance with the Municipality's Design and Construction Standards, to the satisfaction of the Municipality. 10.That prior to any grading or construction of the site and prior to final approval, the Owner shall submit the following: a) A final stormwater management report to be submitted to the Municipality and the Long Point Region Conservation Authority for review and approval by both parties; b) An erosion and siltation control plan to the satisfaction of the Municipality and the Long Point Region Conservation Authority; c) A final lot grading and drainage plan to the satisfaction of the Municipality and the Long Point Region Conservation Authority; d) Completion of any necessary applications under the Drainage Act R.S.O. 1990, as amended, to provide a legal outlet for stormwater use to the satisfaction of the Municipality. 11. That any environmental protection measures recommended in the stormwater management plan required by Condition 10 above, that are not capable of being addressed under the Ontario Water Resources Act R.S.O 1990, as amended, be implemented through the subdivision agreement to the satisfaction of the Municipality. 12. That any lands containing the stormwater management treatment system are to be dedicated and assumed by the Municipality, at the cost of the Owner, to the satisfaction of the Municipality. 13. That the subdivision agreement shall include provisions that require the Owner to establish sidewalks and streetlights designed in accordance with the Municipality's Design and Construction Standards at no cost to the Municipality to the satisfaction of the Municipality. 14. That the "h2" holding symbol is removed by way of a zoning by-law amendment to the satisfaction of the Municipality. 15. That the Owner shall provide easements as may be required for utility, servicing, or access purposes in a form satisfactory to the Municipality. 303 16. That prior to final approval, the Owner provides an adequate water supply system necessary for fire protection to the satisfaction of the Municipality. 17. That the Owner provides cash -in -lieu of parkland in accordance with the Municipality's Cash In Lieu of Parkland By-law No. 2020-053 to the satisfaction of the Municipality. 18. That the subdivision agreement between the Owner and the Municipality be registered against the lands to which it applies to the satisfaction of the Municipality. 19. That the subdivision agreement shall address the following matters, to the satisfaction of Canada Post: a) The Owner shall provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. As well, the Owner will provide the expected installation date(s) for the Community Mail Boxes. b) The Owner shall make satisfactory arrangements with Canada Post and the Town, for the installation of Canada Post Community Mailboxes and shall indicate these locations on the appropriate servicing plans. The applicant shall further provide the following for the Community Mailboxes: i) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post; ii) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box; iii) The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied; and iv) The developer agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: a. Any required walkway across the boulevard, per municipal standards; b. Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and 304 c. A Community Mailbox concrete base pad per Canada Post specifications. 20. That prior to final approval, the County of Elgin is to be advised in writing by the Municipality how conditions 1 though 18 have been satisfied. 21. That prior to final approval, the County of Elgin is to be advised in writing by the Long Point Conservation Authority how conditions 10 a), b), and c) have been satisfied. 22.That prior to final approval, the County of Elgin is to be advised in writing by Canada Post how condition 19 has been satisfied. Notes to Draft Approval: 1. That this approval applies to the draft plan of subdivision, prepared by Kim Husted, OLS and dated September 17, 2021 applicable to Part of Lot 123, Concession North of Talbot, Geographic Township of Bayham, County of Elgin. 2. It is the Owner's sole responsibility to fulfill the conditions of draft approval. 3. It is suggested that the Owner be aware of section 144 of the Land TitlesActand subsection 78(10) of the Registry Act. Subsection 144 (1) of the Land Titles Act requires that a plan of subdivision of land that is located in a land titles division be registered under the Land Titles Act. Exceptions to this provision are set out in subsection 144(2). Subsection 78(10) of the Registry Act requires that a plan of subdivision of land that is located only in a registry division cannot be registered under the Registry Act unless that title of the owner of the land has been certified under the Certification of Titles Act Exceptions to this provision are set out in clauses (b) and (c) of subsection 78(10). 4. The Owner is advised that in the event that deeply buried archaeological remains should be discovered during construction, it is recommended that archaeological staff of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly, in the event that human remains should be encountered during construction, it is recommended that the proponent immediately notify the Ontario Ministry of Tourism, Culture and Sport and the Registrar of the Cemeteries Regulation Unit of the Cemeteries Branch. 5. The Ontario Land Surveyor responsible for preparing the final plan for registration should contact the Municipality of Bayham regarding the preparation 0191 of the final plan to ensure the requirements of draft approval are properly addressed in the preparation of the final plan and that the final plan prepared contains sufficient geodetic information to locate the plan within the UTM Coordinate System, North American Datum 1983, prior to submitting the plan for final approval. A digital copy of the final plan, in a form satisfactory to the Municipality, is required as part of the final plan submission. 6. Inauguration, or extension of a piped water supply, a sewage system, or a storm drainage system, is subject to the approval of the Ministry of the Environment under Sections 52 and Section 53 of the Ontario Water Resources Act. 7. The Owner is hereby advised that the review of this plan of subdivision did not include groundwater, soil, or atmosphere testing to fully discount the possibility that waste materials and/or other contaminants are present within or near this subdivision. If either the Owner or the Municipality requires such assurance before proceeding with this plan of subdivision, a team of consultants should be retained to conduct any necessary investigations. 8. The Ministry of the Environment, Conservation, and Parks must be advised immediately should waste materials or other contaminants be discovered during the development of this plan of subdivision. If waste materials or contaminants are discovered, a further approval under Section 46 of the Environmental Protection Act may be required from that Minister. 9. The Owner is advised that if any unplugged petroleum wells or associated works are identified during the development of the site, the owner shall notify the Petroleum Resources Centre of the Ministry of Natural Resources and Forestry. The Owner shall plug the wells and rehabilitate the surface according to the Provincial Standards of the Oil, Gas and Salt Resources Act. The Ministry of Natural Resources and Forestry recommends that no structures be built immediately over a plugged petroleum well. 10. Should the Owner or the Municipality require underground telecommunications facilities to serve this subdivision, the owner must confirm with the Municipality that satisfactory arrangements have been made with telecommunications provider for underground services. The Owner is also advised that, should any conflicts with the existing telecommunications facilities or easements arise, the Owner shall be responsible for realignments or relocation. Further, the Owner is to provide easements as required to service this subdivision. 11. Clearances are required from the Long Point Region Conservation Authority and Canada Post. If the agency's condition concerns a clause in the subdivision agreement, a copy of the agreement should be sent to them. This will expedite clearance of the final plan. A copy of the agreement is also required by the County of Elgin. 306 12.All measurements on subdivision and condominium final plans must be presented in metric units. 13.The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document Format (PDF) with the appropriate citation from the Planning Act used. The AutoCAD (DWG) file must be consistent with the following standards: • Georeferenced to the NAD83 UTM Zone 17M coordinate system. • All classes of features must be separated into different layers. • Each layer should be given a descriptive name so that the class of feature it contains is recognizable. 14.The final plan approved by the County of Elgin must include the following paragraph on all copies (3 mylars and 4 paper) for signature purposes: Approval Authority Certificate This final plan of subdivision is approved by the County of Elgin under Section 51 (58) of the Planning Act, R.S.O. 1990, on this day of _20 Manager of Planning 15.The approval of this draft plan of subdivision File No. 34T-DD2001 will lapse on February 22, 2025, pursuant to subsection 51(32) of the Planning Act, as amended. It is the responsibility of the Owner to request an extension of the draft approval if one is needed. A request for extension should be made at least 60 days before the approval lapses since no extension can be given after the lapsing date. The request should include the reasons why an extension is needed and a resolution in support of the extension from Council of the Municipality of Bayham. 16.The final plan approved by the County of Elgin must be registered within 30 days or the County may withdraw its approval under subsection 51(59) of the Planning Act. 307 REPORT TO COUNTY COUNCIL (0d� FROM: 'µro r e ,sNa by, N'akirf,:) DATE: RECOMMENDATIONS: It is recommended that: Nicholas Loeb, Senior Counsel Brian Lima, General Manager Engineering, Planning, and Enterprise (EPE)/ Deputy CAO June 17, 2022 SUBJECT: Elgin (County) / Execulink Telecom Inc. - Telecommunications Equipment Consent and Road User Agreement 1. The within Report to Council, dated June 17, 2022, and entitled "Elgin (County) / Execulink Telecom Inc. — Telecommunications Equipment Consent and Road User Agreement" be received and filed; 2. County Council approve and authorize the Warden and Chief Administrative Officer to execute a proposed Telecommunication Equipment Consent and Road User Agreement as between Elgin (County) and Execulink Telecom Inc. substantially in the form and of the content attached. INTRODUCTION: The purpose of this Report to Council is to seek approval and authorization for execution of a proposed Telecommunication Equipment Consent and Road User Agreement ("Telecommunication Agreement") between Elgin (County) and Execulink Telecom Inc. BACKGROUND AND DISCUSSION: Execulink Telecom Inc. is a telecommunication service provider proposing to construct fiber-optic installations, in part located within County Road Allowances, to establish and/or improve telecommunication services within unserved or poorly serviced areas in Elgin County. On May 24, 2022, County Council approved an amended standard form of Telecommunications Agreement, in respect of all future proposed fiber-optic installation projects. 1 W: 2 The Agreement attached to this report to Council conforms to the standard form approved by Council on May 24, 2022. The proposed Agreement will apply to all future Execulink Telecom Inc. infrastructure installed within the County Road Allowances for the duration of the term of the Agreement and any renewals. FINANCIAL IMPLICATIONS: As between Elgin and Execulink Telecom Inc., the Telecommunication Agreement establishes the framework for completion of installation projects in County Road Allowances, including financial arrangements and more specifically including fee and permit structures and performance security, the latter to generally address costs of completion and/or restoration should project works not be completed by Execulink Telecom Inc. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ® Exploring different ways ❑ Fostering a healthy now and in the future. of addressing community environment. need. ® Engaging with our community and other stakeholders. Additional Comments: None ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. ❑ Delivering mandated programs and services efficiently and effectively. M 3 COMMUNICATION REQUIREMENTS: None CONCLUSION: Staff presents a proposed Telecommunication Agreement with Execulink Telecom Inc.. This proposed Telecommunication Agreement conforms with the standard format approved by Council on May 24, 2022. All of which is Respectfully Submitted Approved for Submission Julie Gonyou Chief Administrative Officer Nicholas Loeb, Senior Counsel Reviewed By: Brian Lima, General Manager Engineering, Planning, and Enterprise (EPE)/ Deputy CAO 310 TELECOMMUNICATIONS EQUIPMENT CONSENT and ROAD USER AGREEMENT This Agreement made effective the 28th day of June 2022 (the "Effective Date") - CORPORATION OF THE COUNTY OF ELGIN (hereafter the "County") OF THE FIRST PART - and - EXECULINK TELECOM INC. (hereafter the "Company") OF THE SECOND PART WHEREAS: A. The Company is a "Canadian carrier" as defined in the Telecommunications Act, S.C. 1993, c.38 ("Telecom Act") or "distribution undertaking" as defined in the Broadcasting Act, S.C. 1991, c.l l (collectively, a "Carrier") and is subject to the jurisdiction of the Canadian Radio -television and Telecommunications Commission (the "CRTC"); B. In order to operate as a Carrier, the Company requires to construct, maintain and operate its Equipment in, on, over, under, across or along ("Within") the highways, streets, road allowances, lanes, bridges or viaducts which are under the jurisdiction of the County (collectively, the "Rights -of -Way" or "ROWs"); C. Pursuant to section 43 of the Telecom Act, the Company requires the County's consent to construct its Equipment Within the ROWs and the County is willing to grant the Company a non-exclusive right to construct within the ROWs provided that it shall not unduly interfere with the public use and enjoyment of the ROW or other public place, including any rights or privileges previously conferred or conferred after the Effective date by the County on Third Parties to use or access the ROWs; NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained herein, the Parties agree and covenant with each other as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions. In this Agreement, the following words and phrases shall have the following meanings: (4 "Affiliate" means "affiliate" as defined in the Canada Business Corporations Act; (b) "Anti -Bribery Law" means any anti -bribery law or international convention, as may apply now or in the future, including the Canadian Corruption of Foreign Public Officials Act, the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act and the OECD Convention on Combating Bribery of Foreign Public Officials; (c) "County Engineer" means the County's reviewing authority or the individual designated by him or her; 311 (c) "CRTC" means the Canadian Radio -television and Telecommunications Commission. (e) "Emergency" means an unforeseen situation where immediate action must be taken to preserve the environment, public health, safety or an essential service of either of the Parties; (f} "Equipment" means the transmission and distribution facilities owned by the Company and/or its Affiliates, comprising fibre optic, coaxial or other nature or form of cables, pipes, conduits, poles, ducts, manholes, handholds and ancillary structures and equipment located Within the ROWs; (gi "Hazardous Substance" means any harmful substance including, without limitation, electromagnetic or other radiation, contaminants, pollutants, dangerous substances, dangerous goods and toxic substances, as defined, judicially interpreted or identified in any applicable law (including the common law) ; (l� "Municipal Consent" or "MU means the written consent of the County, with or without conditions, to allow the Company to perform Work Within the ROWs that requires the excavation or breaking up of the ROWs (as more particularly described in Schedule "B" to this Agreement); "Non -Compliant Equipment" means: (i) For all Equipment installed on or after the Effective Date, Equipment that is not compliant with the alignment approved by the County because the placement of the Equipment is greater than a distance of I horizontally or vertically from the location approved by the County, and, the placement of such Equipment has a material impact on the County's ability to manage or use its ROWs; or, (ii) Equipment installed prior to the Effective Date of this Agreement is assumed to be compliant. However, Equipment installed prior to the Effective Date may be deemed Non -Compliant by the County if unapproved deviations from the approved alignment have a material impact on the County's ability to manage or use its ROWs; or, (iii) Equipment that is not compliant with other requirements of this Agreement. (� "Permit" means a Municipal Consent or a Road Permit or both; (1� "Relocation Notice" means a written notice given by the County to the Company identifying the specific location and reason for the relocation and directing the Company to relocate the Equipment designated in the notice to another reasonable location in the ROW (s). (� "Road Permit" means a Permit issued by the County that, generally, is required to authorize the Company to conduct Work that includes any activity that involves a deployment of its workforce, vehicles and other equipment in the ROWs which may interfere with the public use and enjoyment of the ROW for the duration of the Work when performing the Work. (as more particularly described in Schedule " B " to this Agreement) ; (rr� "Service Drop" means a cable that, by its design, capacity and relationship to other fibre optic cables of the Company can be reasonably considered to be for the sole purpose of connecting backbone of the Equipment to not more than one individual customer or building point of presence; (r� "Term" means subject to the renewal options described in subparagraph 9.1(a) and termination described in subparagraphs 9.2, 9.3 and 9.4, the Term of this Agreement as commencing on the 28t` day of June, 2022 and expiring and terminating on the 27th day of June, 2027. (o) "Third Party" means any person that is not a party to this Agreement nor an Affiliate of either Party, and includes any person that attaches its facilities in, on or to the Equipment under an agreement with the Company; (p) "Work" means, but is not limited to, any installation, removal, construction, maintenance, repair, replacement, relocation, removal, operation, adjustment or Initials 312 other alteration of the Equipment performed by the Company Within the ROWs, including the excavation, repair and restoration of the ROWs. 1.2 Legislation. All references to statutes in this Agreement shall include amendments thereto, regulations thereof, and successor legislation thereafter. 1.3 Recitals, Schedules and Incorporated Documents. The beginning part of this Agreement entitled "Recitals", Schedule "A" as identified below, and the By-laws and Municipal Policies referred to in this Agreement are hereby incorporated by reference into this Agreement and form part thereof: Schedule "A" - Permit Fees Schedule "B" - Permits required by the County 2. USE OF ROWs 2.1 Consent to use ROWs. The County hereby consents to the Company's use of the ROWs for the purpose of performing its Work, subject to the terms and conditions of this Agreement and in accordance with all applicable laws or other municipal by-laws, rules, policies, standards and guidelines ("Municipal Guidelines") pertaining to the Equipment and the use of the ROWs; to the extent, however, that any municipal laws and the Municipal Guidelines are not inconsistent or in conflict with this Agreement or with applicable federal laws. 2.2 Restrictions on use. The Company shall not, in the exercise of its rights under this Agreement, unduly interfere with municipal operations, equipment or installations andthe public use and enjoyment of the ROWs, nor any rights or privileges previously conferred or conferred after the Effective Date by the County on Third Parties to use or access the ROWs 2.3 Equipment acquired by the Company. The Parties agree that, where the Company acquires, or has acquired, directly or indirectly, facilities from a Third Party that are located Within the ROWs (the "New Equipment"), then, effective the day of the acquisition of the New Equipment by the Company: (a) the New Equipment shall form part of the Equipment and shall be governed by the terms and conditions of this Agreement; and (b) where that Third Party is a Party to a valid and existing Road User Agreement with the County (the "RUA") and the Company, directly or indirectly, acquires the rights and obligations under the said RUA, the RUA shall be terminated. 2.4 No ownership rights. The Parties acknowledge and agree that: (a) the use of the ROWs under this Agreement shall not create nor vest in the Company any ownership or property rights in the ROWs; and (b) the placement of the Equipment Within the ROWs shall not create or vest in the County any ownership or property rights to the Equipment. 2.5 Condition of ROWs. The County makes no representations or warranties as to the state of repair of the ROWs or the suitability or fitness of the ROWs for any business, activity or purpose whatsoever, and the Company hereby agrees to accept the ROWs on an "as is" basis. 2.6 Non -Compliant Equipment. The County bears no liability or responsibility for relocation costs of all of the following: (a) Non -Compliant Equipment; (b) Third Party telecommunications equipment attached to the Company's Non - Compliant Equipment; and (c) any damages, liabilities, re -design costs and associated delay costs incurred by Initials 313 other occupiers of a County ROW resulting from the Company's Non -Compliant Equipment. If the County identifies the existence of Non -Compliant Equipment, the County will issue a Notice of Non -Compliance to the Company. If the County requires the Non -Compliant Equipment to be relocated, the County will send a Relocation Notice to the Company requesting relocation of the Non -Compliant Equipment and the Company must relocate the Equipment as follows: (i) above ground Equipment must be relocated within 90 days of the Company receiving a Relocation Notice from the County; (ii) below ground Equipment must be relocated within 180 days of the Company receiving a Relocation Notice from the County, such Relocation Notice to be issued by the County only in the event the County approves plans to re -open the site where the Non -Compliant Equipment is located; Prior to removal or relocation of Non -Compliant Equipment, the Company must obtain a new alignment approval from the County. If the Company fails to remove or relocate Non -Compliant Equipment as a result of receiving a Relocation Notice from the County, the County may, in its sole and unfettered discretion, complete the removal or relocation and any associated restoration and the Company must pay to the County all reasonable and verifiable costs related to the relocation and restoration. 3. APPLICABLE PERMITS 3.1 Permits. (� Subject to Section 3.2 and 3.4, the Company shall not occupy, excavate, break up, disturb, or move oversized or overweight vehicles within a County ROW, where a Permit is required in accordance with this Agreement and Schedule "B", without first obtaining such Permit. (b) For each Permit required above, where applicable, the Company shall submit to the County a completed application, in a form specified by the County and including all Fees in effect throughout the Term as set out in Schedule "A " to this Agreement as well as any Security required under this Agreement. 3.2 No Permits for routine Work. Notwithstanding Section 3.1, the Company may, with advance notice as required by the County, without first obtaining a Permit: (a) utilize existing ducts or similar structures of the Equipment with at least twenty- four (24) hours advance notice to the County; (b) carry out routine maintenance and field testing to its Equipment; and (c) install and repair Service Drops; provided that in no case shall the Company break up or otherwise disturb the physical hard surface of the ROW without the County's prior written consent. 3.3 Expiry of Permit. In the event that the Company has not commenced construction of the approved Work associated with a particular Permit within one (1) year of the date of issuance of the Permit and has not sought and received an extension to the Permit from the County, which extension shall not be unreasonably withheld, the Permit shall be null and void. In such circumstances, any fees paid by the Company in respect of the expired Permit shall not be refunded and the Company must obtain a new Permit for the Work. 3.4 Submission of plans. Unless otherwise agreed to by the County, the Company shall, prior to undertaking any Work that requires a Municipal Consent, submit the following to the County Engineer: Initials 314 (a) construction plans of the proposed Work, showing the locations of the proposed and existing Equipment and other facilities, and specifying the boundaries of the area within the County within which the Work is proposed to take place; (b) Traffic control plans for the protection of the workers, public and traveling public including detours as required to minimize traffic disruption; and (c) all other relevant plans, drawings and other information as may be normally required by the County Engineer from time to time for the purposes of issuing Permits. 3.5 Refusal to issue Permits. The County may refuse to issue a Permit in accordance with Section 3.1 for any bona fide municipal purpose, including but not limited to reasons of public safety and health, conflicts with existing infrastructure, proposed road construction, or the proper functioning of public services, all as identified in writing by the County, having regard to the public interest in having access to communications, including 911 access services. The County shall make good faith effort to provide consent to alternative suggestions, wherever possible, for routing the Equipment Within the ROW to assist the Company in its efforts to facilitate the installation of its Equipment. 3.6 Restoration of the Company's service during Emergencies. Notwithstanding Section 3.1, in the event of an Emergency, the Company shall be permitted to perform such remedial Work as is reasonably necessary to restore its services without complying with Section 3.1; provided that such Work does not unduly disrupt any Municipal service or activity and provided that the Company does comply with Section 3.1 within five (5) business days of completing the Work. 3.7 Temporary changes by County. Notwithstanding any other provision in this Agreement, the County reserves the right to set, adjust or change the approved schedule of Work by the Company for the purpose of coordinating or managing any major events or activities, including the restriction of any Work during those restricted time periods; provided however, that any such adjustment or change shall be conducted so as minimize interruption to the Company's operations. The County shall use its commercially reasonable efforts to provide to the Company forty-eight (48) hours advance written notice of any change to the approved schedule of Work, except that, in the case of any Emergency, the County shall provide such advance notice as is reasonably possible in the circumstances. 3.8 Granting of Permit Deemed as Municipal Consent Required Pursuant to the Telecommunications Act (Canada). The County agrees and acknowledges that, subject to satisfaction and performance of all terms and conditions both hereto and provided herein and the granting and issuance of any Roads Permit authorizing installation of Equipment as contemplated by this Agreement and in relation to a location specified therein shall be considered and deemed to represent municipal consent to such installation and use thereof as is required pursuant to applicable laws of the Dominion of Canada, including but not limited to the Telecommunications Act, S.C. 1993, c. 38, as amended. 4. MANNER OF WORK 4.1 Compliance with Applicable Laws, etc. All Work shall be conducted and completed to the satisfaction of the County and in accordance with: (a) the applicable laws (and, in particular, all laws and codes relating to occupational health and safety); (b) the Municipal Guidelines; (c) this Agreement; and (c) the applicable Permits issued under Section 3.1. provided that the applicable laws, Municipal Guidelines, this Agreement, and applicable Initials 315 Permits do not conflict with federal law. 4.2 Underground Equipment. The Company shall place those portions of the Equipment that cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in concrete, or as otherwise specified by the County. Service drops are not required to be in ducts. 4.3 Installation. The Company shall utilize construction methods that minimize the impact on the ROWs, including but not limited to trenchless installation technology and single trench installation methods. 4.4 Stoppage of Work. The County may order the stoppage of the Work for any bona fide municipal purpose or cause relating to public health and safety, special events or any circumstances beyond its control. In such circumstances, the County shall provide the Company with a verbal order and reasons to stop the Work and the Company shall cease the Work immediately. Within two (2) business days of the verbal order, the County shall provide the Company with a written stop work order with reasons. When the reasons for the Work stoppage have been resolved, the County shall advise the Company immediately that it can commence the Work. 4.5 Coordination of Work. To minimize the necessity for road cuts, construction and the placement of new Equipment Within the ROW, the Company shall, where commercially reasonable and technically practicable, coordinate its work with other existing and new occupants of the ROW. 4.6 Identification of contractors. The Company shall ensure that all of its contractors have proper identification visible on the Work site displaying the name of the Company for which they work. 4.7 Emergency contact personnel. The Company and the County shall provide to each other a list of twenty-four (24) hour emergency contact personnel available at all times and shall ensure that the list is kept current. 4.8 Emergency work by County. In the event of an Emergency, the County may take such measures it deems necessary to re-establish a safe environment, and the Company shall pay the County's reasonable and verifiable costs that are directly attributable to the Work or the presence of the Equipment in the ROWS. 4.9 "As -built" drawings. The Company shall, no later than ninety (90) days after completion of any Work, provide the County Engineer with accurate "as -built" drawings, prepared in accordance with such standards as may be required by the County Engineer, sufficient, for planning purposes, to accurately establish the location of the Equipment installed Within the ROWs. As -built drawings to be provided in electronic format suitable to be incorporated into the County's CIS mapping. As -built information is provided a reference only. The County shall direct all inquiries regarding the location of the Equipment to the Company. Access to Company As -Built records are for use by the County only and shall not be distributed or disclosed to other parties without prior written consent of the Company. If the County has not received the As -built drawings from the Company within 90 calendar days following the completion of the Work, the Equipment will be considered to be Non -Compliant Equipment. 4.10 Agents and Sub -contractors. Each Party agrees to work with the other Party directly to resolve any issues arising from any the acts, omissions or performance of its agents and sub -contractors. F 7 JhVJ I a 1) I_l I LIiiLl7 7: 5.1 General. Following the completion of any Work, the Company shall leave the ROW in a neat, clean, and safe condition and free from nuisance, all to the satisfaction of the County. Subject to Section 5.5, where the Company is required to break or disturb the surface of a ROW to perform its Work, it shall repair and restore the disturbed surface of the ROW to the same or better condition it was in before the Work was undertaken, all in accordance with the Municipal Guidelines and to the satisfaction of the County. Initials 316 5.2 Permanent Road Restoration. If the Company has excavated, broken up or otherwise disturbed the surface of a ROW, the Company shall restore the ROW which the Company has excavated, broken up or otherwise disturbed to a similar state that it was in prior to the commencement of the Work. 5.3 Temporary repair. Where weather limitations or other external conditions beyond the control of the Company do not permit it to complete a final repair to the ROW within the expected period of time, the Company may complete a temporary repair to the ROW; provided that, subject to Section 5.5, the Company replaces the temporary repair with a final repair within a reasonable period of time. All repairs to the ROW by the Company shall be performed in accordance with the Municipal Guidelines and to the satisfaction of the County. If a temporary repair gives rise to an unsafe condition, then this shall be deemed to constitute an Emergency and the provisions of Section 4.8 shall apply. 5.4 Warranty of repairs. The Company warrants its temporary repair, to the satisfaction of the County until such time as the final repair is completed by the Company, or, where the County is performing the final repair, for a period of one (1) years or until such time as the final repair is completed by the County, whichever is earlier. The Company shall warrant its final repairs for a period of two (2) years from the date of their completion 5.5 Repairs completed by County. Where: (a) the Company fails to complete a temporary repair to the satisfaction of the County within seventy-two (72) hours of being notified in writing by the County, or such other period as may be agreed to by the Parties; or (b) the Company and the County agree that the County should perform the repair, then the County may effect such work necessary to perform the repair and the Company shall pay the County's reasonable and verifiable direct costs of performing the repair. 6. LOCATING FACILITIES IN ROWs 6.1. Locates. The Company agrees that, throughout the Term it shall, at its own cost, record and maintain adequate records of the locations of its Equipment. Each Party shall, at its own cost and at the request of the other Party (or its contractors or authorized agents), physically locate its respective facilities by marking the ROW using paint, staking or other suitable identification method ("Locates"), under the following circumstances: (a) in the event of an Emergency, within two hours of receiving the request or as soon as practicably possible, following which the requesting Party will ensure that it has a representative on site (or alternatively, provide a contact number for its representative) to ensure that the area for the Locates is properly identified; and (b) in all other circumstances, within a time reasonably agreed upon by the Parties. 6.2. Provision of Mark-ups. The Parties agree to respond within fifteen (15) days to any request from the other Party for a mark-up of municipal infrastructure or Equipment design drawings showing the location of any portion of the municipal infrastructure or Equipment, as the case maybe, located within the portion of the ROWs shown on the plans (the "Mark- ups"), and shall provide such accurate and detailed information as may be reasonably required by the requesting Party. 6.3. Inaccurate Locates. Where the Company's Locates are found to be in error, where the actual location of the Equipment is found to be beyond 1 meter horizontally on either side of the Locates, and, as a result, the County is unable to install its facilities Within the affected ROWs in the manner it expected based on the Locates provided by the Company (the "Error"), the County will notify the Company of the Error, following which the Initials 317 Company shall attempt to resolve the Error. If the Company is unable to resolve the Error in a reasonable time commensurate with the situation, the Company will pay the County for its reasonable and verifiable costs incurred as a direct result of the Error. An Inaccurate Locate resulting from Equipment relocated due to ground movement stemming from, among other things, weather conditions or work or activities carried out by a Third Party, or by, or on behalf of, the County, is not an Error. In the event of a disagreement as to the existence of an Error, the parties agree to work together to determine whether or not the Error stems from ground movement or work or activities carried out by a Third Party, or by, or on behalf of, the County. If it is determined that the conditions of the municipal right-of-way have changed, the parties agree to be reasonable, including with respect to the allocation of direct costs stemming from the change. RELOCATION OF EQUIPMENT 7.1 County Request. Where the County requires and requests the Company to relocate its Equipment for a bona fide municipal purpose, the County shall notify the Company in writing and, the Company shall complete the requested relocation within ninety (90) days, having regard to the nature of the relocation required, the Company shall commence work to relocate its Equipment within a Right- of -Way. 7.2 Allocation of Cost. The responsibility for the costs incurred in relocating the Company's Equipment or performing such work referenced, where the County has made a request to the Company to relocate its Equipment as set out above will, for the purposes of this Agreement, be based upon the following chart and include all associated costs (labour, materials, design etc.) as well as depreciation, betterment and recovery of costs: Year(s) After Installation of Equipment Percentage of Relocation Costs Paid by the unicinality 1 100 IX� 2 1 `y/o 100 i `Y/o 4 `/< 5 80"/0 7 `%> 7 6 TX< /< `yo 10 45`%> 11 4( ELL 12 35 /o 13 30`%r 14 2( ELL 15 1( `Yo 16 5 Yo 17+ 0 `Y/o 7.3 Exceptions. (a) Notwithstanding section 7.2, the County shall be solely responsible for paying all costs related to equipment relocation if the relocation is for beautification or aesthetic purposes. Such costs include, among others, depreciation, betterment, and recovery costs. (b) Notwithstanding section 7.2, where the County has given written notice to the Company prior to the issuance of a Road Permit that the location of the Equipment subject to the Road Permit will require relocation within five (5) years, and the Initials 318 Company proceeds to install the equipment despite receiving such notice, then the full cost of any relocation of the Equipment shall be at the Company's sole expense. 7.4 Upon Request of the Company. In the event that the Company wishes to relocate Equipment which has been previously installed in accordance with this Agreement at its own expense, the Company shall notify the County of such request, in writing, and such request will thereafter be considered and administered by the County acting reasonably and with diligence giving due consideration to the scope of the works already undertaken by the Company Within the ROWs, provided that, in considering and administering such request the County shall be entitled to take into consideration any specific municipal or engineering interests affected by such relocation including any additional facilities located Within the ROWs. Notwithstanding the foregoing, the County shall not be permitted to unreasonably withhold, delay or condition its approval for such request. 7.5 Request by Third Party. Where relocation of Equipment is required due to the County accommodating a third party (hereinafter "Third Party Work"), the required relocation or related installation work shall be conducted by the Company in accordance with the terms of this Agreement respecting installation, and the full cost of the amendment or Relocation shall be borne solely by the third party and paid in advance. The County agrees to provide the Company with ninety (90) days' notice of the need for any such ThirdParty Work and to require that the relevant third party or parties bear the full cost of such Third Party Work and indemnify the Company against all claims and liabilities arising from the amendment or Relocation as a condition precedent to any such amendment or Relocation. 7.6 County efforts. Where any relocation of Equipment occurs, the County will make good faith efforts to provide alternative routes for the Equipment affected by the relocation to ensure uninterrupted service to the Company's customers. Once the Company has provided the County with all information the County requires to enable it to process a Permit application, the County shall provide, on a timely basis, all Permits required to allow the Company to relocate the Equipment. 7.7 Temporary Reconstruction or Realignment of Road Allowances. The Company shall, upon reasonable prior notice to the County, have the right to: (a) temporarily reconstruct or realign certain portions of the Road Allowances in order to permit the delivery or movement of Equipment. 8. PAYMENT OF FEES AND OTHER CHARGES 8.1 General. The Company covenants and agrees to pay to the County Permit fees, deposits and security associated with and required or reasonably demanded pursuant to this Agreement. The Permit fees and charges and security are set out in this Agreement and in Schedule "A" to this Agreement. 8.2 Fees. The Company covenants and agrees to pay to the County applicable fees as laid out in Schedule "A" ("Fees and Charges"). 8.3 Invoices. Unless expressly provided elsewhere in this Agreement, where there are any payments to be made under this Agreement, the Party requesting payment shall first send a written invoice to the other Party, setting out in detail all amounts owing, including any applicable provincial and federal taxes and interest payable on prior overdue invoices, and the payment terms. The Parties agree that all payments shall be made in full by no later than forty-five (45) days after the date of the invoice was received. 8.4 Default. Any failure or refusal by the Company to pay any required Fee or Charge as set out in Schedule "A", any cost required by this Agreement or deliver any Security required under this Agreement within the timelines specified herein shall constitute a default ("Default"). Upon the occurrence of a Default, the County shall deliver a Notice of Default Initials 319 10 in writing to the Company. The Company shall have thirty (30) days to cure the Default (the "Cure Period"). In the event that the Default is not cured within the Cure Period, then the County shall have the right to draw upon the Blanket Security described in section 10.7 of this Agreement. 8.5 Payment of taxes. The Company shall pay, and shall expressly indemnify and hold the County harmless from, all taxes lawfully imposed now or in the future by the County, a local municipality within the geographic jurisdiction of the County, or all taxes, rates, duties, levies or fees lawfully imposed now or in the future by any regional, provincial, federal, parliamentary or other governmental body, corporate authority, agency or commission (including, without limitation, school boards and utility commissions) but excluding the County, that are attributable to the Company's use of a County ROW. 9. TERM AND TERMINATION 9.1 Initial term and renewal. Subject to the renewal options described in subparagraph 9.1(a) and termination described in subparagraphs 9.2, 9.3 and 9.4, the Term of this Agreement shall commence on the 28t` day of June 2022 and expire and terminate due to expiry on 27t` day of June, 2027 (the "Initial Term"). (a) The Company in its sole discretion may renew this Agreement with the County for three (3) separate consecutive renewal terms of five (5) years each. To exercise the first option to renew, the Company must provide the County written notice of such election to renew prior to the expiry of the Initial Term, failing which the Agreement will terminate due to expiry. To exercise the second option to renew, the Company must provide the County written notice of such election to renew prior to the expiry of the first valid five-year extension, failing which the Agreement will terminate due to expiry. To exercise the third option to renew, the Company must provide the County written notice of such election to renew prior to the expiry of the second valid five-year extension, failing which the Agreement will terminate due to expiry. (b) If a renewal is not exercised prior to the last day of the Initial Term or valid extension, this Agreement shall terminate immediately on the last day of the Term or valid extension, subject to paragraph 9.4 of this Agreement. 9.2 Termination by either Party. Either Party may terminate this Agreement without further obligation to the other Party, upon providing at least seven (7) days' written notice in the event of a material breach of this Agreement by the other Party after notice thereof and failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of the notice. If, however, in the view of the non -breaching Party, it is not possible to remedy or cure the breach within such thirty (30) day period, then the breaching Party shall commence to remedy or cure the breach within such thirty (30) day period and shall complete the remedy or cure within the time period stipulated in writing by the non - breaching Party. 9.3 Termination by County. The County may terminate this Agreement by providing the Company with at least seven (7) days written notice in the event that: (a) the Company becomes insolvent, makes an assignment for the benefit of its creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or becomes voluntarily subject as a debtor to the provisions of the Companies' Creditors Arrangement Actor the Bankruptcy and Insolvency Act; (b) the Company assigns or transfers this Agreement or any part thereof other than in accordance with Section 18.2; or (c) the Company ceases to be eligible to operate as a Carrier. 9.4 Obligations and rights upon termination or expiry of Agreement. Notwithstanding any other provision of this Agreement, if this Agreement is terminated (other than in accordance with Section 9.3) or expires without renewal, then, subject to the Company's Initials 320 11 rights to use the ROWs pursuant to the Telecom Act and, unless the Company advises the County in writing that it no longer requires the use of the Equipment: (a) the terms and conditions of this Agreement shall remain in full force and effect until a new replacement agreement (a "New Agreement") is executed by the Parties; and (b) the Parties shall enter into meaningful and good faith negotiations to execute a New Agreement and, if, after six (6) months following the expiry of this Agreement, the Parties are unable to execute a New Agreement, then either Party may apply to the CRTC to establish the terms and conditions of the New Agreement. 9.5 Removing abandoned Equipment. Where the Company advises the County in writing that it no longer requires the use of any Equipment, the Company shall, at the County's request and within a reasonable period of time as agreed to by the Parties, act as follows at the Company's sole cost and expense: (a) Remove the abandoned Equipment that is above ground; (b) Subject to (c) immediately below, make safe any underground vaults, manholes and any other underground structures that are not occupied or used by a Third Party, (collectively "Abandoned Underground Structures"); (c) Where, in the reasonable opinion of the County Engineer, the Abandoned Underground Structures will interfere with any municipally -approved project that will require excavation or otherwise disturb the portions of the ROWs in which the Abandoned Underground Structures are located, then the Company shall, at or about the time the excavation of such portions of the ROWs for said project commences, remove the Abandoned Underground Structures therein. Upon removal of the abandoned Equipment or upon the removal or making safe of Abandoned Underground Structures, the Company shall repair any damage resultingfrom such removal or making safe and restore the affected ROWs to the condition in which they existed prior to the removal or making safe. If the Company fails to remove Equipment or to remove or make safe Abandoned Underground Structures and restore the ROWs within the time specified above, and to the satisfaction of the County Engineer, the County may complete said work and the Company shall pay the associated County's Costs. 9.6 Continuing obligations. Notwithstanding the expiry or earlier termination of this Agreement, each Party shall continue to be liable to the other Party for all payments due and obligations incurred hereunder prior to the date of such expiry or termination. 10. INSURANCE AND SECURITY 10.1 General. Throughout the term of this Agreement and any renewals or extension thereto, the Company shall maintain, at its sole expense, insurance (the "Company Insurance") in an amount and description as described below to protect the Company and the County from claims for damages, bodily injury (including death) and property damage which mayarise from the Company's operations under this Agreement, including the use or maintenance of the Equipment Within the ROWs or any act or omission of the Company and its employees, contractors and agents while engaged in the Work. The Company Insurance shall include all costs, charges and expenses reasonably incurred with any injury or damage. 10.2 Commercial general liability occurrence -based insurance. Without limiting the generality of the foregoing, the Company shall obtain and maintain commercial general liability occurrence -based insurance coverage which: (� covers claims and expenses for liability for personal injury, bodily injury and property damage in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence (exclusive of interest and costs); (b) extends to cover the contractual obligations of the Company as stated within this Agreement; Initials 321 12 (c) include the County as an additional insured; (0 contains cross liability and severability of interest clauses. 10.3 Insurance certificates. As soon as possible after the execution of this Agreement, the Company shall provide on the County's standard form, the County with certificates of insurance in respect of the Company Insurance evidencing the cross liability and severability clauses and confirming the County as an "additional insured". Thereafter, the Company shall provide the County with evidence of all renewals of the Company Insurance in a form acceptable to the County. 10.4 General insurance conditions. (a) The Company Insurance shall not be construed to, and shall in no manner, limit or restrict the Company's liability or obligations under this Agreement. (b) The County shall not be liable for any premiums relating to policies under the Company Insurance. (c) The policies under the Company Insurance shall provide: (i) that they are primary insurance which will not call into contribution any other insurance available to the County; (ii) a waiver for severability of interest; and (iii) that the Company Insurance shall not be cancelled, lapsed or materially changed to the detriment of the County without at least thirty (30) business days' notice to the County by mail. (c� The Company will immediately notify the County of any changes to or cancellation of the Company Insurance if they will directly affect or reduce the coverage made available to the County. 10.5 Workplace Safety and Insurance Board. The Company shall provide Workplace Safety and Insurance Board ("WSIB)" clearance certificate that confirms the Company is in good standing with the WSIB. The Company shall ensure the WSIB clearance remains ineffect when the Company's personnel are working within the ROWs. 10.6 Blanket Letter of Credit. If requested by the County, the Company shall, within thirty (30) days thereafter, post an irrevocable blanket letter of credit, for the minimum amount of ten thousand dollars ($10,000.00) (the "Blanket Security"). Once posted by the Company, the County may draw upon the Blanket Security and apply the funds therein against any undisputed outstanding financial obligations owed by the Company to the County under this Agreement. 10.7 Blanket Security - Term. The Blanket Security, if requested, shall be posted for a maximum of up to three (3) years and until such time as the County determines that the Company has established a satisfactory business relationship with the County. If the County is required to draw upon the Blanket Security, the County shall advise the Company and the Company shall, within fourteen (14) days thereafter restore the Blanket Security to its original value. 10.8 Project -specific Security. The County may also reasonably request, and the Company shall provide, additional project -specific securities for Work projects in an amount equal to the estimated restoration costs of the projects as determined by the Parties. The County shall release the project -specific security once the Company has fulfilled the conditions of the applicable Permit relating to the restoration of the ROW to the satisfaction of the County. 11. RESPONSIBILITY AND INDEMNIFICATION 11.1 No liability County. The Company hereby acknowledges that the placement, installation, construction, reconstruction, inspection, maintenance, operation, alteration, enlarging, repair, replacement, relocation and/or removal of the Equipment by the Company is performed entirely at the risk of the Company and that the County shall in no way or under Initials 13 any circumstances be responsible or liable to the Company, its contractors, agents, or customers for any damage or losses in consequence thereof, unless due to the negligence of the County or those for whom at law it is responsible. 11.2 Company Indemnity. The Company hereby releases, indemnifies, completely holds harmless, and agrees to defend the County, its Councillors, officers, employees, legal counsel, agents and contractors, from and against any and all suits, judgments, claims, demands, expenses, actions, causes of action, duties, assessments, fees, penalties, liabilities, losses and costs which the County and its successors and assigns may at any time or times hereafter bear, sustain, or suffer, as a result of the Equipment, including without limitation, its placement, installation, construction, reconstruction, inspection, maintenance, use, operation, alteration, enlarging, repair, replacement, relocation and/or removal. 11.3 County Acknowledgement. The County hereby acknowledges that it is responsible for its negligence and the negligence of those for whom it is responsible for at law. 11.4 County Indemnity. The County hereby releases, indemnifies, completely holds harmless, and agrees to defend the Company, its officers, employees, legal counsel, agents and contractors, from and against any and all suits, judgments, claims, demands, expenses, actions, causes of action, duties, assessments, fees, penalties, liabilities, losses and costs which the Company and its successors and assigns may at any time or times hereafter bear, sustain, suffer, be put to or incur by reason of its negligence and the negligence of those for whom it is responsible at law. 11.5 No liability, both Parties. Notwithstanding any other provision in this Agreement, neither Party shall be liable to any person in any way for special, incidental, indirect, consequential, exemplary, or punitive damages, including damages for pure economic loss or failure to realize expected profits, howsoever caused, or contributed to, in connection with this Agreement and the performance or non-performance of its obligations hereunder 11.6 Survival. The obligation of a Party to indemnify, defend and save harmless the other Party shall survive the termination or expiry of this Agreement. 12. ENVIRONMENTAL LIABILITY 12.1. County not responsible. The County is not responsible, either directly or indirectly, for any damage to the natural environment or property, including any nuisance, trespass, negligence, or injury to any person, howsoever caused, arising from the presence, deposit, escape, discharge, leak, spill or release of any Hazardous Substance in connection with the Company's occupation or use of the ROWs, unless such damage was caused directly or indirectly by the negligence or willful misconduct of the County or those for which it is responsible in law. 12.2. Company to assume environmental liabilities. The Company agrees to assume all environmental liabilities, claims, fines, penalties, obligations, costs or expenses whatsoever relating to its use of the ROWs, including, without limitation, any liability for the clean- up, removal or remediation of any Hazardous Substance on or under the ROWs that result from: (a) the occupation, operations or activities of the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company Within the ROWs; or (b) any Equipment brought or placed Within the ROWs by the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company; unless such damage was caused directly or indirectly in whole or in part by the negligence or willful misconduct on the part of the County or those for which it is responsible in law. The County agrees to provide notice to the Company of any liability arising under this Initials 323 14 provision in a reasonable period of time after the occurrence. For clarity, the Company shall not be liable in any manner for any events which occurred before the Equipment occupied the ROW. 13. NO JOINT VENTURE, PARTNERSHIP OR CO -OWNERSHIP 13.1 No Joint Venture. The Parties hereby acknowledge and agree that this Agreement is solely an access agreement and that no relationship is formed between the Parties in the nature of a joint venture, partnership co -ownership arrangement or other similar relationship. 14. FORCE MAJEURE 14.1 Force Majeure. Except for the Parties' obligations to make payments to each other under this Agreement, neither Party shall be liable for a delay in its performance or its failure to perform hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, flood, or other catastrophes; government, legal or statutory restrictions on forms of commercial activity; or order of any civil or military authority; national emergencies, insurrections, riots or wars or strikes, lock -outs or work stoppages ("Force Majeure"). In the event of any one or more of the foregoing occurrences, notice shall be given by the Party unable to perform to the other Party and the Party unable to perform shall be permitted to delay its performance for so long as the occurrence continues. Should the suspension of obligations due to Force Majeure exceed two (2) months, either Party may terminate this Agreement without liability upon delivery of notice to the other Party. 15. DISPUTE RESOLUTION 15.1 General. The Parties hereby acknowledge and agree that: (a) this Agreement has been entered into voluntarily by the Parties with the intention that is shall be final and binding on the Parties until it is terminated or expires in accordance with its terms; (b) it is the intention of the Parties that all Disputes (as defined in subsection 15.2) be resolved in a fair, efficient, and timely manner without incurring undue expense and, wherever possible, without the intervention of the CRTC; and (c) the CRTC shall be requested by the Parties to consider and provide a decision only with respect to those matters which form the basis of the original Dispute as set out in the Dispute Notice issued under this Section 15. 15.2 Resolution of Disputes. The Parties will attempt to resolve any dispute, controversy, claim or alleged breach arising out of or in connection with this Agreement ("Dispute") promptly through discussions at the operational level. In the event a resolution is not achieved, the disputing Party shall provide the other Party with written notice of the Dispute and the Parties shall attempt to resolve such Dispute between senior officers who have the authority to settle the Dispute. All negotiations conducted by such officers shall be confidential and shall be treated as compromise and settlement negotiations. If the Parties fail to resolve the Dispute within thirty (30) days of the non -disputing Party's receipt of written notice, the Parties agree to utilize the services of a mutually agreed upon independent third party mediator. The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the Parties together or separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to legal proceedings and/or the CRTC, the mediator shall provide, without prejudice, a non -binding written recommendation for settlement, within thirty (30) days of holding a mediation. Upon receipt of the written settlement recommendation, if an agreement cannot be reached, either Party may initiate legal proceedings and/or submit the Dispute to the CRTC for resolution. 15.3 Continued performance. Except where clearly prevented by the nature of the Dispute, the County and the Company agree to continue performing their respective obligations under this Agreement while a Dispute is subject to the terms of this Section 15. Initials 324 15 16. NOTICE 16.1 Method of Notice. Any notice required may be sufficiently given by personal deliveryor, if other than the delivery of an original document, by facsimile transmission or electronic (e- mail) transmission, to either Party at the following addresses: To the County: Corporation of the County Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 To the Company: Execulink Telecom Inc. 11127 Ridgeway Road Woodstock, ON, N4V IE3 16.2 Delivery of Notice. Any notice given pursuant to Section 16.1 shall be deemed to have been received on the date on which it was delivered in person, or, if transmitted by facsimile or electronic transmission during the regular business hours of the Party receiving the notice, on the date it was transmitted, or, if transmitted by facsimile outside regular business hours of the Party receiving the notice, on the next regular business day of the Party receiving the notice; provided, however, that either Party may change its address and/or facsimile number for purposes of receipt of any such communication by giving ten (10) days' prior written notice of such change to the other Party in the manner described above. 17. FOREIGN CORRUPT PRACTICES ACT AND ANTI -BRIBERY INDEMNITY 17.1 Notwithstanding anything to the contrary herein, the County, in its administration of this Agreement, shall refrain from offering, giving or promising, directly or indirectly, money or anything of value to a Canadian or foreign governmental official to influence the official in his or her official capacity, induce the official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person. For the purposes of this Section, "anything of value" includes, but is not limited to, cash or a cash equivalent, discounts, gifts, use of materials, facilities or equipment, entertainment, drinks, meals, transportation, lodging, insurance benefits, or promise of future employment. "Governmental official" shall mean any person holding any level of legislative, administrative, or judicial office of the Canadian or a foreign government or any of its departments or agencies or divisions; any person acting on behalf of the Canadian or a foreign government, including a local or provincial agency, enterprise, or organization; any official or agent of a Canadian or a foreign public administration or publicly funded organization; any official of a Canadian or a foreign political party; any officer or agent of a public international organization (e.g., World Bank, International Monetary Fund, World Health Organization, United Nations, World Trade Organization); or any relatives or close family/household members of any of those listed above. The County shall indemnify and hold harmless the Company from all claims brought against the Company as a result of the County or its representatives' failure to comply with Anti -Bribery Law. The County shall immediately report any breach of Anti -Bribery Law by the County or its representatives. The County shall immediately report any breach of Anti -Bribery Law by the County or its representatives'. The Company shall have the right to audit the County's books and records with respect to payments made on behalf of the Company in the event that the Company believes that the County has violated this Section 17. The Company shall have the rightto immediately terminate all payments to the County under this Agreement if the County fails to comply with this Section 17. 18. GENERAL 18.1 Entire Agreement. This Agreement, together with the Schedules attached hereto, constitute the complete and exclusive statement of the understandings between the Parties Initials 325 16 with respect to the rights and obligations hereunder and supersedes all proposals and prior agreements, oral or written, between the Parties. 18.2 Assignment. This Agreement may not be assigned or transferred, in whole or in part, without the prior written consent of the other Party. Notwithstanding the foregoing, the Company shall, provided that it is not in material breach of this Agreement, have the right to assign this Agreement to an Affiliate without the consent of the County, provided that the Company has given notice to the County. 18.3 Gender and number. In this Agreement, words importing the singular include the plural and vice versa, words importing gender, include all genders. 18.4 Currency. Unless otherwise indicated, references in this Agreement to money amounts are to the lawful currency of Canada. 18.5 Parties to act reasonably. Each Party shall at all times act reasonably in the performance of its obligations and the exercise of its rights and discretion under this Agreement. 18.6 Amendments. Except as expressly provided in this Agreement, no modification of or amendment to this Agreement shall be effective unless agreed to in writing by the County and the Company. 18.7 Survival. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance thereof by the Parties hereto shall so survive the completion of performance, the expiration and termination of this Agreement, including, without limitation, provisions with respect to indemnification and the making of any and all payments due hereunder. 18.8 Waiver. Failure by either Party to exercise any of its rights, powers or remedies hereunder or its delay to do so shall not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. 18.9 Severability. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and everything else in this Agreement shall continue in full force and effect. 18.10 Enurement. This Agreement is and shall be binding upon and inure to the benefit of the Parties hereto and their respective legal representatives, successors, and permitted assigns, and may not be changed or modified except in writing, duly signed by the Parties hereto. 18.11 Counterparts: This Agreement may be executed by the Parties and delivered by facsimile or PDF transmission and in one or more counterparts which when held together shall be considered one and the same Agreement. 18.12 Equitable Relief. Either Party may, in addition to any other remedies it may have at law or equity, seek equitable relief, including without limitation, injunctive relief, and specific performance to enforce its rights or the other party's obligations under this Agreement. 18.13 Governing law. This Agreement shall be governed by the laws of the Province of Ontario and all federal laws of Canada applicable therein. [ONE (1) ENDORSEMENT PAGE FOLLOWS] Initials 992.1: 17 IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date (s) set out below and the Parties agree that this Agreement shall be effective on the date as set out at the top of page one (1) of this Agreement. SIGNED, SEALED AND DELIVERED CORPORATION OF THE COUNTY OF in the presence of: ELGIN SIGNED, SEALED AND DELIVERED in the presence of: Date: , Mary French, Warden Date: Julie Gonyou, Chief Administrative Officer We have the authority to bind the Corporation EXECULINK TELECOM INC. Date: Per: Yasmin Charania Title: Chief Financial Officer 1/We have the authority to bind the Corporation Initials 327 18 SCHEDULE"A" Fees and Charges Telecommunication Equipment Consent and Road User Agreement Sy -Law Fee/Charge Amount 21-16 Municipal Consent $200.00 + $0.25/m 21-16 Road Permit $200.00 to $400.00 �►YyalIl Permits required by the County_ Telecommunication Equipment Consent and Road User Agreement MC Notification No Permit or WORK ACTIVITY RP only Notification Road occupation that causes no disruption to traffic or pedestrian flow to perform Work X Work that requires oversize or overweight vehicles X Road Occupancy that involves the temporary closure of a vehicle travel lane, parking lane to perform Work X Emergency Work with no Excavation, no utilization of trees and or other municipal infrastructure as a support structure X Any installation of Equipment that requires Excavation' in the ROW, including: — the installation of buried Equipment crossing a road; — the installation of new Above -ground Plant; — the relocation of buried Equipment or Above -ground X X Equipment; — the replacement of existing Above -ground Equipment with equipment that is significantly larger; and — the installation of buried Service Drops that cross a road or a break a hard surface of the ROW. The installation of aerial Equipment (excluding aerial Service Drops) X Tree trimming on ROWS X The replacement of existing above -ground Equipment without adding more Equipment or significantly increasing its size (pole X replacements excluded) The installation of buried Service Drops that do not cross a road or break the hard surface of a ROW X Pulling cable through existing underground duct X The installation of or repair to aerial Service Drops X The maintenance, testing and repair of Equipment where there is minimal physical disturbance or changes to the ROW X Any other Work activity agreed to by the Municipality X Initials 328 CORRESPONDENCE —June 28, 2022 Items for Consideration — (Attached) Letter from the Municipal Engineers Association (MEA) regarding the retention of Professional Engineers at Ontario municipalities. 2. Letter from Southwestern Public Health with notification of the possible need for additional funding levy in light of financial pressure brought about by the pandemic. 329 Office of the President EfUGHMEIERS ul lE ti qua A"i1 S4 CliATfOf 1 4 II n, Jun 13, 2022 Municipal Councils of Ontario 1525 Cornwall Road Subject: The Retention of Professional Engineers at Ontario Municipalities Oakville ON L6J 0132 The purpose of this letter is to stress the importance that municipal engineers play in the successful operation of cities, counties, towns, and townships across Ontario. The Municipal Engineers Association (MEA) is a non-profit association representing the municipal engineering field in Ontario. We have a membership base of over 1,000 municipal engineers across Ontario who are employed as professional engineers at Ontario municipalities and other provincial agencies serving in the engineering/public works field. We advocate for sustainable municipal infrastructure practices and our members provide significant input into the development of processes, standards, and specifications for use in municipal infrastructure systems such as drinking water delivery, wastewater collection and treatment, storm water management, waste management and transportation systems. The MEA has been the proponent for the Municipal Class Environmental Assessment process since the mid-1980s. We are also a co -proponent of Ontario Provincial Standards & Specifications that many Ontario municipalities use when planning for and tendering municipal engineering projects. There are a number of examples in various current legislation, where the use of a professional engineer is referenced. Key tasks include roles in transportation, natural resources, health and safety, consumer services, environment, tourism, agriculture, climate change, and energy. It is essential that municipalities consider the appointment of professional engineers, especially within the areas of engineering and public works, to afford municipal councils the appropriate due diligence toward public safety. Unfortunately, we are observing a concerning trend where this is no longer the case. Professional engineers, through education and practical experience requirements, have the knowledge and foresight to not only understand the 'how' of an issue, but also understand the 'why' behind issues as well. Professional engineers are licensed to practice in Ontario through the Professional Engineers Act and are bound by statutory accountabilities, which includes a code of ethics. Under this code, professional engineers are required to act at all times with fidelity to public needs; professional engineers regard their duty to public welfare and safety as paramount. Professional engineers also provide significant value to municipalities through their understanding of risk management, which assists in lowering exposure to claims against a municipality. With insurance premiums rising every year, it is prudent that municipalities appoint a professional engineer to guide these decision -making processes. 330 Office of the President EfUGHMEERS ulilE ti qua A°I'll S4 CliATfOf l 4 II n, 1525 Cornwall Road Oakville ON L6J 0132 As of December 31, 2019, there were 57,134 practicing professional engineers licensed and practicing in the Province of Ontario. Of this number, only 136 professional engineers work for municipalities with a population of 50,000 or less. This represents only 0.2% of licensed and practicing Ontario Professional Engineers being employed by Ontario municipalities serving populations of less than 50,000. Many of these smaller municipalities have a Public Works/Engineering Department head and would benefit by appointing a Professional Engineer. The vast majority of professional engineers working at Ontario municipalities are employed by larger urban centres having a population greater than 50,000. For smaller municipalities that do not have the financial resources to employ a full-time professional engineer on their staff, the MEA recommends the appointment of a professional engineer through a licensed consulting firm so that your municipality may meet the needs only a professional engineer can provide. We would also like to take this opportunity to promote membership in the MEA. There are Ontario municipalities that currently do not have representation in the MEA. If you have a professional engineer(s) on staff and they are not MEA members, we encourage your municipality to have them apply. The MEA offers members access to knowledge, learning and the ability to stay up to date with current industry practices. It truly is great value for a very nominal fee. On behalf of the MEA, we thank you for taking time to review this letter. Should you have any questions, please reach out to the MEA's Executive Director, Dan Cozzi, P. Eng. at dan.cozzi@municipalengineers.on.ca. Yours sincerely, 4�.. Jason Cole, P. Eng., MEA President 2021- 2022 331 Wondstock, Site June 15, 2022 Ms. Julie Gonyou, Chief Administrative Officer County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Julie, This letter is being sent to you to make you aware of SWPH's 2022 cashflow concerns related to Covid-19 expenditures. SWPH has recently received its 2022 funding letter from the Ministry of Health which is good news given it arrived earlier than in most years. Unfortunately, SWPH received Ministry of Health approval for only half of the Covid-19 funding requested for Covid-19 response work including vaccination efforts (approximately $7,000,000 unfunded). To our knowledge, this was the case for all health units. Instead, the Ministry has indicated we can apply for additional funding through the Ministry's in -year extraordinary expenditures reimbursement process. Using this process, we may end up with a significant delay in receiving the actual approval and cashflow from the Ministry resulting in cash flow concerns at the health unit level. To manage this concern, staff have continued to monitor cash flow and discuss projections with the Finance and Facilities Committee. Also, like last year, SWPH has once again increased its line of credit from $800,000 to the maximum of $3,000,000 for the balance of 2022. Due to the potential cashflow situation, the Board of Health has requested that we inform you of the potential need to levy each of the obligated municipalities proportionately of a total of $4,000,000. The Line of Credit and this additional Levy will ensure that SWPH's financial obligations are met bridging the gap between now and the date the Ministry of Health reimburses SWPH for all its Covid-19 expenditures. Given it is a municipal election year, the Board flagged the need to advise you now so that any municipal council decisions needed could be made before the fall, in advance of an additional levy notification. K93A The County of Elgin's portion of this levy is $1,002,182. The Board determined that these funds will be returned to the County upon receipt of the Ministry of Health funding. The Board and staff recognize an additional levy is the last resort. At this time, we are not requesting you forward the funds, but we are making you aware that in the event of an unacceptable cash flow situation, SWPH will be requesting the above stated amount. If you have any questions, please don't hesitate to contact us. Sincerely, Larry Martin Chair, Board of Health Southwestern Public Health Cynthia St. John Chief Executive Officer Southwestern Public Health copy: Board of Health members, SWPH Monica Nusink, Director of Finance, SWPH 333 CLOSED MEETING AGENDA June 28, 2022 Staff Reports: 1) Chief Administrative Officer — Municipal Act Section 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Long - Term Care 2) Chief Administrative Officer — Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees — Human Resources (Walk -On) 3) General Manager of Engineering, Planning & Enterprise/Deputy CAO — Municipal Act Section 239 (2) (a) the security of the property of the municipalityor local board; (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crow agency of any of them; and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations to be carried on by or on behalf of the municipality or local board — Property Matter 4) County Solicitor — Municipal Act Section 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations to be carried on by or on behalf of the municipality or local board — Financial Services 5) General Manager of Engineering, Planning & Enterprise/Deputy CAO — Municipal Act Section 239 (2) (a) the security of the property of the municipalityor local board; (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crow agency of any of them; and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations to be carried on by or on behalf of the municipality or local board — Property Matter (Walk -On) 334 COUNTY OF ELGIN By -Law No. 22-28 BEING A BY-LAW TO AUTHORIZE THE WARDEN AND TREASURER TO BORROW FROM TIME TO TIME TO MEET CURRENT EXPENSES AND OTHER QUALIFYING EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2022. WHEREAS section 407 of the Municipal Act 2001, S.O. 2001, c.25, as amended (the "Act"), provides authority for a Council, by by-law, to authorize the head of Council and the Treasurer to borrow from time to time, by way of promissory note or bankers' acceptance, such sums as the Council considers necessary to meet the current expenses and other qualifying expenditures (as set forth in the said section 407 of the Act) of the Corporation until levies from local municipalities and other revenues are received; AND WHEREAS the Council of the Corporation of the County of Elgin, hereinafter called the "Corporation", deems it necessary to arrange for and seek authorization to borrow, from time to time and by way of promissory note or bankers' acceptance, certain sums to meet the current expenses and such other qualifying expenditures of the Corporation for the fiscal year 2022 until levies from local municipalities and other revenues are received; AND WHEREAS the total amount that may be borrowed from all sources at any one time to meet the current expenses and such other qualifying expenditures of the Corporation, except with the approval of the Ontario Land Tribunal, is limited by section 407 of the Municipal Act to a portion of the total 2022 estimated revenues of $84,204,000. BE IT THEREFORE ENACTED by the Municipal Council of the Corporation of the County of Elgin: 1. THAT the Warden and the Treasurer are hereby authorized to borrow, from time to time and by way of promissory note or bankers' acceptance, during the fiscal year 2022 (hereafter referred to as the "current year"), such sums as may be necessary to meet, until levies from local municipalities and other revenues are received, the current expenses and such other qualifying expenditures of the Corporation until levies from local municipalities and other revenues are received. 2. THAT a promissory note or bankers' acceptance made under Section 1 shall be signed by the Warden, or such other person as is authorized by a by-law to sign it, and by the Treasurer or Deputy Treasurer. 3. THAT the lenders from whom amounts may be borrowed under the authority of this by-law shall be, the Bank ofMonlreal, 739 Talbot Street, St. Thomas, Ontario, N5P 1 E3, and such other lender(s) as may be determined from time to time by resolution of the Council. 4. THAT the total amount which may be borrowed at any one time under this by-law, together with the total of any similar borrowings that have not been repaid, shall not exceed, from January 1 st until September 30th of the current year, 50 percent of the estimated revenues of $84,204,000 as set forth in the approved budget for the current year, calculated as $42,102,000, or, from October 1 st until December 31 st of the current year, 25 percent of the said estimated revenues calculated as $21,051,000. 5. THAT, for the purposes of this by-law, the estimated expenses of the Corporation shall include bothsums to meet the current expenses and such other qualifying expenditures of the Corporation for the current year and for any body and other purposes for which the Corporation is required by law to provide. Estimated revenues forthe Corporation shall not include revenues derivable or derived from: (a) borrowing or issue of debentures or (b) a surplus, including arrears of levies, or (c) a transfer from the capital fund, reserve fund or reserves. 335 6. THAT the Treasurer shall, at the time when any amount is borrowed under this by- law, ensure that the lender is or has been furnished with a certified copy of this by- law, a certified copyof the resolution mentioned in Section 3 determining the lender if applicable, and a certified copy of the estimates of revenues of the Corporation adopted by budget for the current year. THAT, from time to time and in timely fashion, the Treasurer will report to Council the total of any other amounts borrowed from any and all sources under authority of either or both Section 407 of the Act and this By -Law and which have not been repaid. 8. THAT if the estimates for the current year have not been adopted by budget at the time an amount is borrowed under this by-law, (a) the limitation on the total borrowing, as set out in Section 4 hereof, shall be calculated for the time being upon the estimated revenues of the Corporation as set forth in the estimates adopted for the preceding fiscal year. (b) the certified copy furnished under Section 6 shall show the revenues of the Corporation as set forth in the estimates adopted for the preceding fiscal year. 9. THAT all or any sums borrowed under this by-law shall, with interest thereon, be a charge upon the whole of the revenues of the Corporation for the current fiscal year and for any preceding fiscalyears as and when such revenues are received, but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender. 10. THAT this by-law takes effect and comes into force on June 28t", 2022. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 281" DAY OF JUNE, 2022. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. 336 [0]11►1I VLSI0:1EelI L1 By -Law No. 22-29 "BEING A BY-LAW TO APPOINT A SECRETARY -TREASURER OF THE ELGIN COUNTY LAND DIVISION COMMITTEE" WHEREAS pursuant to Section 56 (1) of the Planning Act, R.S.O. 1990, Chapter P.13, the Council of the Corporation of the County of Elgin did constitute and appoint an Elgin County Land Division Committee; and WHEREAS pursuant to Section 44 (8) of the Planning Act, R.S.O. 1990, Chapter P.13, the Council of the Corporation of the County of Elgin shall appoint a Secretary - Treasurer to the Elgin County Land Division Committee. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the Planning Technician for the County of Elgin, be and is hereby appointed to carry out the duties of the Secretary -Treasurer of the Elgin County Land Division Committee; and, THAT By -Law 85-45 and any by-laws inconsistent with this by-law be repealed; and THAT this by-law shall become effective upon its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28th DAY OF JUNE 2022. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. 337