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May 27, 2008 Agenda ORDERS OF THE DA Y FOR TUESDA Y. MA Y 27. 2008 - 9:00 A.M PAGE # ORDER 1st Meeting Called to Order 2nd Adoption of Minutes - for the meeting of May 13, 2008 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move Into "Committee Of The Whole Council" 2-60 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence - see attached 61-65 1) Items for Consideration 66-85 2) Items for Information (Consent Agenda) 8th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th In-Camera Items 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 86-91 13th Consideration of By-Laws 14th ADJOURNMENT LUNCH WILL BE PROVIDED NOTICE: June 10, 2008 June 24, 2008 9:00 A.M. - County Council Meeting 9:00 A.M. - County Council Meeting REPORTS OF COUNCIL AND STAFF MAY 27.2008 Staff Reports - (ATTACHED) 3 Human Resources Co-ordinator - Safe Use and Care of Scaffolds Policy 6 Director of Engineer Services, Human Resources Co-ordinator - Asbestos Management Update 8 Director of Engineering Services - Through Highway By-Law 9 Manager of Road Infrastructure - Lyons Line and Imperial Road Intersection Improvement 11 Manager of Road Infrastructure - Request for Tourism Signage - Municipality of Bayham 17 Manager of Road Infrastructure - Teranet - Ontario Parcel Fabric Mapping 20 Purchasing Co-Ordinator, Manager of Administrative Services - Tree Commissioner! Weed Inspector Leased Vehicle 23 Purchasing Co-Ordinator - Procurement Policy 43 Purchasing Co-Ordinator, Director of Engineering Services - Monitoring of Fire Alarm Panels 47 Director of Financial Services - Budget Comparison - March 31, 2008 51 Director of Financial Services - Annual Budgeting - Capital 53 Director of Financial Services - Assistance to Municipalities - Assessment Appeals 55 Manager of Cultural Services - Council Pictures Project - Status Report 57 Director of Cultural Services, Curator of Elgin County Museum - Museum Hours of Operation 59 Director of Seniors Services - Bobier Villa - Bobier Villa's Annual Compliance Review Ambulance & Emergency Management Coordinator - Aylmer Agreement for Services for Terrace Lodge Ambulance Base (to be faxed out on Friday) 2 REPORT TO COUNTY COUNCIL FROM: Tanya Tilton-Reid, Human Resources Co-ordinator DATE: April 30, 2008 SUBJECT: Safe Use and Care of Scaffolds Policy CORPORATE GOAL/S) REFERENCED: . To be recognized as a desired employer . To recognize and seize opportunities for improvement . to ensure fiscal responsibility and accountability INTRODUCTION: The County of Elgin's Engineering Department has recently acquired scaffold structures to be used in the Elgin County Homes for Senior's as required. A policy regarding the safe use of scaffold structures was therefore prepared. DISCUSSION: The attached policy will ensure the use of scaffolds by all County of Elgin employees will meet and/or exceed all legislated requirements of the Occupational Health and Safety Act. CONCLUSION: The Safe Use and Care of Scaffolds policy, as attached, will help ensure and enforce the consistent and safe use of scaffolds by all County of Elgin employees. RECOMMENDATION: THAT Management review and approve the attached policy be forwarded to Council for approval for inclusion in the Human Resources Policy Manual. Respectfully Submitted Approved for Submission ~.-P Tanya Tilton-Reid Human Resources Coordinator Mark G. Me 0 Chief Administrative Officer County of Elgin Human Resources Policy Manual Section: 8 Subject: Safe Use and Care of Scaffolds DRAFT Code - A Page 1 of Policy Number: Date Approved: Date Last Revision: PURPOSE: To provide a procedure that meets and/or exceeds the requirements of the Occupational Health & Safety Act in ensuring the consistent positive protection of all County employees when using scaffolds. Only a competent person shall supervise the erection, alteration and dismantling of a scaffold. A competent person for the purposes of this policy will refer to a person that has received and documented that he/she has completed the training program for scaffold use through the Manager of Corporate Facilities or his/her designate. Scaffold structures greater than eighteen (18) feet in height will not be constructed or used by County of Elgin employees. All scaffolding used at County of Elgin Facilities will comply with the following requirements from the Occupational Health and Safety Act: - Every scaffold shall be capable of supporting, (a) 2 times the maximum load to which it is likely to be subjected without exceeding the allowable unit stresses for the particular materials used; and (b) Four times the maximum load to which it is likely to be subjected, without overturning (c) No scaffold shall be loaded in excess of the maximum load it could reasonably be expected to support and not in excess of the maximum load set out in clauses (a)and (b) - Every scaffold shall, (a) Be constructed of suitable structural material (b) Have horizontal members that are adequately secured to prevent lateral movement and that do not have splices between the points of support (c) Have footings, sills or supports that are sounds, rigid and capable of supporting at least 2 times the maximum load to whish the scaffold is likely to be subjected without settlement or deformation that may affect the stability of the scaffold (d) Where it consists of a structural system of tubular metal frames, have connecting devices between components that provide positive engagement in compression and tension (e) Have all fittings, gear, base plates and wheels installed according to the manufacturer's instructions (f) Have safety catches on all hooks (g) Be adequately secured at vertical intervals not exceeding 3 times the least lateral dimension of the scaffold, measured at the base, to prevent lateral movement County of Elgin Human Resources Policy Manual Section: 8 Subject: Safe Use and Care of Scaffolds DRAFT Code - A Page 1 of Policy Number: Date Approved: Date Last Revision: (h) Where lumber is used in its construction, be constructed only of Construction Grade Spruce or Number 1 Grade Spruce and (i) Have all uprights braced diagonally in the horizontal and vertical planes to prevent lateral movement - A scaffold mounted on castors or wheels shall, (a) Have a height which does not exceed 3 times the least lateral dimension of the scaffold, i. Measured at the base, or ii. Measured between the outriggers (b) Be equipped with a suitable braking device on each castor or wheel; and (c) Have the brakes applies when, i. Any worker is on the scaffold or the working platform of the scaffold, or ii. The scaffold is unattended - The working platform of a scaffold shall, (a) Be designed, constructed and maintained to support all loads to which it may be subjected without exceeding the allowable unit stresses for the materials used, and in any event shall support not less than 2.4 kilo-newtons per square metre; (b) Be at least 46 centimetres in width; (c) Be provided, at each open side and at the ends of the platform with guardrails that comply with section 37 (of the OHSA Reg 67/93) (d) If the platform consists of sawn lumber planks, have planks of Number 1 Grade spruce that, i. Bear a legible grade identification stamp or bear a permanent grade identification mark ii. Are at least 48 millimetres in thickness by 250 millimetres in width with a span not exceeding 2.1 metres iii. Overhang their supports by not less than 150 millimetres and are not more than 300 millimetres and iv. Are cleated or otherwise secured again slipping, and v. If the platform required consists of plans manufactured of laminated wood, metal or a combination of materials, consist of planks tested in accordance with good engineering practice to demonstrate structural equivalence to the sawn lumber planks specified in clause (d) REPORT TO COUNTY COUNCIL FROM: Clayton Watters - Director, Engineering Services Tanya Tilton-Reid, Human Resources Co-ordinator DATE: May 6, 2008 SUBJECT: Asbestos Management Update CORPORATE GOAL'S) REFERENCED: . To be recognized as a desired employer . To recognize and seize opportunities for improvement . To ensure fiscal responsibility and accountability INTRODUCTION: The Ministry of Labour's improvements to the Occupational Health and Safety Act, Regulation 278/05 - Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations required the County of Elgin to test the County Administrative Building, the Municipal Garage and Terrace Lodge for asbestos-containing materials. Upon identification of asbestos-containing materials at all locations the County was required to compile a comprehensive program addressing the ongoing maintenance and management of the asbestos- containing materials. DISCUSSION: In response to Regulation 278/05 the Engineering Services department obtained the services of Stantec Consulting Ltd. to prepare an Asbestos Management Program (AMP) for the County Administrative Building, the County Municipal Garage and Terrace Lodge. The AMP is a tool to assist in the control of activities that may disturb asbestos-containing materials at these buildings. The program includes: . Outline of regulatory requirements; . Initiatives for on-going re-assessment and management of asbestos; . Procedures for response to an asbestos release or discovery of asbestos or suspected asbestos; . Procedures for normal maintenance or activities that may be near asbestos containing materials; . Work practices for asbestos removal; . Roles and responsibilities; . Outline of training requirements; and . Record keeping and periodic review Stantec Consulting Ltd. will provide the training to all required staff as identified by the Manager of Corporate Facilities. The training is scheduled for May 14, 2008. The Engineering Services report to Council in October 2007 received approval for the County to send a letter requesting proof of compliance with the legislation from its' various landlords. To date the County has received replies in regards to the Springfield library, the John Kenneth Galbraith Reference Library - Dutton, the Shedden Library and the Port Stanley Library. The County is anxiously awaiting the results for the following libraries: Aylmer, Bayham, Belmont, Port Burwell, Vienna, Rodney and West Lome. The County of Elgin is hosting a training session for co-chairs of the health and safety committees. The lower tiers are welcome to attend this session. Conversely, the lower tiers can acquire training directly from Stantec Consulting at a cost of $1 ,000 per day. CONCLUSION: The County of Elgin continues to take every precaution reasonable to ensure the ongoing safety and health of all of it's' employees. The Human Resources Department in conjunction with the Engineering Services Department will continue to monitor and encourage the full cooperation of all Municipalities in complying with the legislation on a timely basis. RECOMMENDATION: THAT this update be provided to County Council to be received and filed. Respectfully Submitted Approved for Submission :ffi-Old ~ Chief Administrative Officer ~r Tanya Tilton-Reid Human Resources Coordinator 0&u0W. Clayton Watters Director, Engineering Services 6', .. . . . . . REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: May 13, 2008 SUBJECT: Through Highway By-Law CORPORATE GOALS To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. INTRODUCTION In 2002 the Through Highway By-Law was prepared which allows the County to establish stop signs or yield right-of-way signs as per the Highway Traffic Act. A new stop condition has been installed on Miller Road (County Road #15) and this by-law must be amended. DISCUSSION! CONCLUSION The by-law designating through highways (By-Law 02-21) should be repealed and the necessary by-law be prepared to include the new stop condition on Miller Road in Dutton. The through highways by-law allows the road authority to erect stop signs or yield right-of-way signs at any intersection road along that stretch. The alternate method to legally establish a stop sign would be via a stop sign by-law, which would have to define each stop situation. RECOMMENDATION THAT By-Law No. 02-21 and any by-law inconsistent with this one designating through highways is repealed; and also, That the necessary by-law be prepared. Respectfully Submitted Approved . sion OOW~~ Clayton D. Watters Director of Engineering Services Mark G. Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Manager of Road Infrastructure DATE: May 9,2008 SUBJECT: Lyons Line and Imperial Road Intersection Improvement CORPORATE GOALS: To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. To recognize and seize opportunities for improvement. INTRODUCTION: The County has received a request from the Township of Malahide to investigate and improve the sight lines at the intersection of Imperial Road and Lyons Line. This report will recommend a method of improving the safety of the intersection. DISCUSSION I CONCLUSION: The County has received a request from Malahide to improve sight lines at the south west corner of the intersection in Lyons. Vehicles parking at the business located at this corner can obstruct sight lines for eastbound traffic stopped at Lyons Line. Staff has reviewed this location and believe that sight lines and safety would be improved if parking was restricted by the installation of a curb island at the south west corner on road property. Roadwork projects are planned to be completed on Lyons Line in this vicinity during 2008 and it would be pOSSible to include this work within that project. The installation of curb island is estimated to cost $10,000. RECOMMENDATION: THAT intersection sight line improvements be completed at the south west corner of Imperial Road and Lyons Line, and; THAT these works form part of the Lyons Line Resurfacing project included in the 2008 Capital Budget. Respectfully Submitted ~ Approved for Submission ( ~~-bv5 Peter Dutchak Manager, Road Infrastructure Services 6;; . . . . REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Manager of Road Infrastructure DATE: May 13, 2008 SUBJECT: Request for Tourism Signage - Municipality of Bayham CORPORATE GOALS: To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. INTRODUCTION: The County has received a request from the Municipality of Bayham's Tourism and Marketing Committee to install 14 tourist destination signs and directional arrows on County roads in Bayham. DISCUSSION I CONCLUSION: The Municipality of Bayham has requested to install a number of tourism signs on County roads to direct visitors to beaches, museums and their wind farm "Interpretive Centre" (see attached letter). The municipality has already manufactured these signs. The County has an existing policy adopted by resolution in 2005 not to allow any private signs on road property except for signs requested through Tourism Services. The goal is to reduce sign pollution and to provide drivers with priority roadway information. Tourism signage is provided in a consistent manner and approved by Tourism services. Any individual or group may install signage on private property, immediately adjacent to the road property limits so long as it does not conflict with sight lines. This policy has been working well since implemented. The Municipality of Bayham has contacted Tourism Services requesting the signs be approved and installed. Although Tourism Services supports Bayham's desire to install the signs, they do not meet the current tourism sign criteria (i.e. size, shape, colour), and therefore they are not approved. The County's policy information has been relayed to the Municipality of Bayham and it has been suggested that the signs could be erected on private or municipal property in the vicinity of County roads and likely have a similar effect. RECOMMENDATION: THAT the Bayham Tourism and Marketing Committee be informed of the County policy. Respectfully Submitted Approved for Submission Peter Dutchak Manager, Road Infrastructure fi;w^ m~ .. Clayton Watters Director, E . ices ./ Mark . Chief Administrative Officer Municipality of Bayham P.O. Box 160,9344 Plank Road, Straffordv1lle, Ontario NO] lYO Tel:(519)866-5521 . Fax:(519)866-3884 emall: bayham@bayham.on.ca May 2, 2008 Peter Dutchak, CET Manager efRaad Infrastmcture County of Elgin 450 SUnset Drive St.,Thomas, ON N5R 5Vl Dear Mr. Dutchak, Re: Placement of Tourism Sitmft2e - County Roads Thank you for your information to Kyle Kruger regarding County of Elgin policies for the placement of signage on County roads. Please accept this as an application from the Tourism and Marketing Committee of the Municipality of Bayham to County Councll for approval to place a number oflourlsm destination signs on County roads within the Municipality of Bay ham. As background, the Tourism and Marketing Committee is a standing committee reporting to Bayham Council. This conunlttee is comprised of local business owners/operators from across the municipality along with Council representatives, and is charged with initiating tourism promotion and community marketing for the area. In 2006, the Commiltee retained Lord Cullural Resources to provide a Marketing Strategy and Promotional lnitiallve. That report, completed in 2007, identified signage for local attractions 8S a major issue to be addressed, TWs is also observed by local business representatives as an area to improve. Therefore, the Committee has identified improved tourism signage as one of its priority projects. As an additional note, signage regarding the Wind Interpretive Centre is seen as a safety priority, as numerous veWcles continue to slow/park along Nova Scotia Line and Olen Erie Line to observe the wInd towers. Direction to a safe location to do so wilt hopefully assist with tills Issue. RECEIVED HAY 0 72008 To that end, the Committee has obtained a number of destination/directional signs for several local attractions. Proofs of the signs are attached (the colour is blue with white lettering). It is acknowledged that this colour scheme but does not match the colour scheme for Elgin tourism slgnage, however it is as recommended in the Lord report. Also attached Is a list of the proposed locations, which are on County roads as these are the major entrances Bayham. It would he most appreciated If County Council would consider this request. We do apologize for not fITst checking with the County to ensure that our signs would meet with aU existing criteria, However, our focus was on the growjng interest that We have experienced in the Wind Towers over the past year, and the large vohlme of curiosity seekers that it has promoted. Our concern was to the safety of these visitors who were unaware of the Intetpretive Centre and who were stopping in the middle or shoulders of Nova Scotia Line, posing a serious hazard to themselves and other vehicle traffic in the area. It was never our intent to disregard the regulations set out for highway signage and I apologize for this indiscretion. However, we made an assumption that the Lords report, when presented, would have taken the regulations into account and that we could simply follow them as recommended. Thank you for your co-operation and ifYOll have any questions, please do not hesitate to contact me. Yours tmly Ian Almond Chainnan Bayham TourIsm and Marketing Committee :IE <C :z: ~ i ~ @) I Requested Sign Locations DestinatIon SI.., Nova Scotia Line at Richmond Road . one 4' x 8' for Marine Museum and Lighthouse . one 41 K 8' for Interpretive Centre and Beach Plank Road at Calton Line . one 4' x 8' for Marine MuseumILighthouse and Interpretive Centre . one 4' x 8' for Edison Museum and Beach Glen Erie Line at BayhamlNorfolk Boundary . one 4' x 8' for Interpretive Centre and Beach . one 41 x 8' for Marine Museum and Lighthouse Directional Arrows At Plank Road and Robinson . one 2' x 4' for Marine Museum and Lighthouse . one 2' x 4 I for Interpretive Centre At Robinson Street and Bridge . one 2' x 4' for Marine Museum and Lighthouse . one 2' x 4' for Beach . one 2' x 4' for Edison Museum At Plank Road and Glen Erie . one 2' x 4' for Marine Museum and Lighthouse . one 21 x 4' for Interpretive Centre and Beach . one 21 x 4' for Edison Museum REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Manager of Road Infrastructure DATE: May 16, 2008 SUBJECT: Teranet - Ontario Parcel Fabric Mapping CORPORATE GOALS: To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. To recognize and seize opportunities for improvement. INTRODUCTION In 2006, County Council passed a resolution to request the Central Elgin Planning Board to enter into an agreement to host Teranet property data on their web based mapping application (C-Map) for the benefit of all municipalities in Elgin. Since that time, an agreement has been created by the County solicitor and formally accepted by the City of St. Thomas. DISCUSSION: The lower tier administrators expressed interest in obtaining electronic property information within their municipalities. Among other things, the Ontario Parcel data has applications in property assessment and taxation, land registration, land use planning, land management and business planning. Individual municipalities would need to pay between $2,000 - $2,500 annually to obtain this data. The County of Elgin, being the upper tier municipality, can obtain this data for use across the entire County for $2,900 annually, and every lower tier municipality could be licensed to the data at no additional cost. It is therefore, most cost effective for the County to obtain the parcel data from Teranet and share this information with our lower tier partners. DISCUSSION (continued): In order to make this electronic data available to all parties, the County has created a formal agreement with the Central Elgin Planning Board to host this data in their web based C-Map mapping application. A few Elgin municipalities already use C-Map to host their aerial photographs. In 2007, all Elgin municipalities also obtained aerial photography of their communities. This data will also be made available on the C-Map application for all to view and use. Now that a formal agreement has been created and approved, the following steps must be completed to finalize the project. 1. The County signs the formal data hosting agreement with the City of St. Thomas and proVides an annual service fee of $500. 2. The County has a photo-mosaic created, compiling all aerial photography across Elgin County so that it may be accessed through C-Map. The City's consultant (First Base Solutions) can provide this service to the County for $1,750 as a one-time fee. 3. The County would obtain the parcel fabric information from Teranet. The data is obtained through a Licensing agreement with Teranet/MPAC and a 5-year contract, at $2,900 annually to proVide the data and quarterly updates. 4. Each lower tier municipality would then enter into licensing agreements with Teranet/MPAC so that they could obtain and use the data for municipal business. Conservation Authorities may also be licensed to the data if they so wished to be. 5. The County would then enter into a Service Provider Agreement with the Central Elgin Planning Board. As the service provider, Central Elgin Planning would receive the data and updates on the County's behalf, store the data and make the data available to all stakeholders through their existing C-map application on the internet. The role of the Central Elgin Planning office would be to receive the data sets directly from Teranet, house this data and make it available within their current web-based mapping application, C-map. The planning office will not be responsible for correcting the data or to provide any other added value services. If any municipality wishes to have additional functionality with the data in which Central Elgin planning could assist, that municipality would have to negotiate that additional service with Central Elgin planning directly. All parties agree that the parcel fabric is not 100% accurate. Some manipulation and editing of the data is required if it is expected to be 100% accurate and if it is used for municipal business. The inaccuracies are apparent and evident once aerial photography is overlaid upon the parcels. For general information and illustrative purposes, the data is sufficient. Municipalities may correct the data themseives. Conversely, the Central Elgin planning office may be willing to correct the data for a municipality, however, as stated previously, this would be an additional value added service and would have to be directly negotiated with the planning office. CONCLUSION: A formal agreement has been created and accepted by the City of st. Thomas to host Teranet property data and aerial photography across Elgin County for all municipalities to use. The costs include: an annual service fee of $500 to the City of St. Thomas[ an annual licence fee of $2[900 for the property data and a one-time fee of $1[750 to create a photo- mosaic so that aerial photography can be accessed through C-Map. All of these costs will be bourne by the County of Elgin and be allocated from the Information Technologies Budget. RECOMMENDATION: THAT the Warden and CAO be authorized and directed to enter into the agreement with the City of St. Thomas to host digital property data and aerial photography and make it accessible through the Internet on the C-Map web server at an annual service fee of $500[ and; THAT the County of Elgin enter into a licence agreement with Teranet Enterprises to obtain digital Ontario parcel data for a 5 year term at an annual cost of $2[900[ and; THAT the County of Elgin request the City of st. Thomas to direct their consultant to create an aerial photograph mosaic at a cost of $1[750[ and; THAT these costs be allocated from the Information Technologies Department budget. RESPECTFULL Y SUBMITTED APPROVED FOR SUBMISSION ~ Peter Dutchak Manager of Road Infrastructure @JN~ Clayton Watters Director of Engineering Mark Mc d Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Sonia Beavers, Purchasing Co-Ordinator Sandra Heffren, Manager, Administrative Services DATE: May 27, 2008 SUBJECT: Tree CommissionerlWeed Inspector - Vehicle CORPORATE GOALS REFERENCED: To ensure fiscal responsibility and accountability. INTRODUCTION: The County of Elgin leases a pick up truck for the Tree Commissioner and Weed Inspector as per the existing contract agreement with the Kettle Creek Conservation Authority. The lease ends August 25, 2008. DISCUSSION: The current leased vehicle is a 2005 Ford F-150 that has almost 52,000 km and has served the Tree Commissioner well. A similar vehicle should replace the existing truck. Quotations were circulated to all Elgin County new vehicle dealers. The results of the quotation are as follows: Dealer Option # 1 Option # 2 Monthly Lease (inclusive of Purchase Price taxes) (36 month term) (inclusive of taxes) St. Thomas Ford Lincoln Sales $14,905.08 $ 17,622.35 Dempsey Chrysler $16,784.28 $ 22,148.00 Fordham GM No Bid No Bid Elgin Chrysler Ltd No Bid No Bid Hutchison Motors No Bid No Bid Miller Ford No Bid No Bid Disbrowe Pontiac Buick No Bid No Bid Co-Trac No Bid No Bid St. Thomas Ford Lincoln Sales submitted the lowest price for a Monthly Lease Option and the lowest price for a Purchase Option for a 2008 Ford F150. St. Thomas Ford Lincoln Sales and Dempsey Chrysler submitted a pricing option of paying for the lease in a one- time up front payment thereby saving financing charges. St. Thomas Ford Lincoln Sales submitted the lowest pricing option with paying for the lease in a one time up front payment at their quoted price of $ 14,726.73 (inclusive of taxes). The County has the option of: 1) purchasing the leased vehicle coming off lease, 2) leasing a new vehicle over a three-year term, 3) leasing a new vehicle and paying the three-year lease up front, 4) purchasing a new vehicle. Option 1 (purchasina the leased vehicle) The lease end purchase option price is $10,775.70 plus taxes. There are also governmental fees and related charges such as safety certification, license transfer fees, emissions testing which may total approximately $500.00, plus possible repair costs that may be determined during the required safety and emissions check. Option 2 (Ieasina a new vehicle over a three-vear term) and Option 3 (Ieasina a new vehicle and pavina the three-vear lease up-front) The pricing difference between Option (2) and (3) from St. Thomas Ford Lincoln Sales is: Net Leased Vehicle Amount $ 14,905.08 (includes taxes) One time payment $ 14,726.73 (includes taxes) Actual Savings of $ 178.35 Total savings (includes savings on fees) $ 199.40 or approximately 1.0% compared to the 36 monthly payments The County currently earns approximately 2.35 % on cash deposits. St. Thomas Ford Lincoln Sales financing cost of the three-year monthly payment lease is quoted as 0.59%, and St. Thomas Ford Lincoln Sales financing cost for paying the three-year lease up front is 1.0%. The current vehicle (2005 F150) was leased with an upfront payment of $14,847.65 (inclusive of taxes). Option 4 (purchasina a new vehicle) The purchase price for a 2008 Ford F-150 is $17,622.35 (inclusive of taxes). In the past, the County has not considered purchasing a vehicle for a number of reasons: . Reduced repair and maintenance costs with having a vehicle no more than three years old, . Benefit of a new vehicle in three years, . Excellent leasing prices reflecting the low interest rates available over the last number of years and the competition amongst the car manufacturers, . Unknown whether or not a vehicle will be required at the end of the three year term. However, the purchase price offered by St. Thomas Ford Lincoln Sales is favourable. There are several reasons why the County should consider purchasing the 2008 Ford F150: . The Tree and Weed Inspector does not have high mileage on his vehicle, therefore repair costs will be low due to low mileage, . There will be equity after three years, . Condition of the vehicle will be reviewed after 5 years to determine whether or not to replace it. CONCLUSION: The existing lease on the pick up truck for the Tree Commissioner will expire on August 25, 2008 and another vehicle is required. Quotations were circulated as per the County's Procurement Policy and sent to all new vehicle dealers in Elgin County. Staff recommend that the County purchase the vehicle for the reasons listed above. The total budget for Capital-Vehicle Replacement is $18,154.00. RECOMMENDATION: THAT, one 2008 F150XL be purchased for the Weed and Tree Commissioner from St. Thomas Ford Lincoln Sales for the submitted price of $17,622.35 inclusive of all taxes, with funds allocated from the Capital - Vehicle Replacement fund. Respectfully Submitted ~Cl'N.,",_ ~O' , ~ Sonia Beavers Purchasing Co-Ordinator Mark G. ~ald r.I,ief Administralive-O Icer A HE EN, DEP CLERK. C~~ LiQa Veger . Director, Financial Services REPORT TO COUNTY COUNCIL FROM: Sonia Beavers, Purchasing Co-Ordinator DATE: April 30, 2008 SUBJECT: Procurement Policy Coroorate Goals Referenced: To ensure fiscal responsibility and accountability. To recognize and seize opportunities for improvement. Introduction The County of Elgin Procurement Policy has been in place since 2005. Staff have had the opportunity to work with the policy to evaluate the effectiveness and integrity of the process. Discussion The County's existing procurement policy and methods have proven to be effective. Its construction has been specifically tailored to create a transparent, accountable and competitive process that is open, honest, fair and impartial. Having had the opportunity to work with the policy, staff would like to suggest some revisions and additions. Attached is a copy of the current Procurement Policy outlining revisions and additions. To remain transparent you will see some additions, particularly in Appendix C. Conclusion The County of Elgin Procurement Policy was developed in 2005. The revisions to the policy is structured to create efficiencies while promoting and maintaining the integrity of the procurement process. The Policy protects Council, vendors and staff involved in the process by providing clear direction and accountabilities. Recommendation THAT the Procurement Policy be amended. Respectfully Submitted, Approved for Submi sian, ~ ~~LL cy onJa Beavers Purchasing Co-Ordinator Mark . d Chief Administrative Officer ;:J/ \... ~ -0/; ." ~ t?(\-v(A~, . ~ Linda Veger Director, Financial Services County of Elgin Financial Services ~ Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 SCHEDULE "A" By-Law No. 05-10 CORPORATION OF THE COUNTY OF ELGIN PROCUREMENT POLICY 1.0 OBJECTIVE 1.1 This policy outlines the processes to be followed in order to obtain the best value when purchasing goods, or contracting services for the County of Elgin. The guiding principle is that procurement decisions will be made using a competitive process that is open, honest, fair and impartial. I 1.2 The Procurement 0 Poli~y_~i~ P[OJ1IOJ~ ~r}d_l}1~Lntaln_ t!1!? InJ~9.ri!y' QfJh~Q~r9!~slqg~JQ~~~ ~Qc;! _ _ _ _ _ - --{ Deleted: Purchasing protect Council, vendors and staff involved in the process by providing clear direction and accountabilities. The procedures described in this Polley shall be followed to make a contract award or to make a recommendation of a contract to County Council. 1.3 The Council of the Corporation of the County of Elgin recognizes its responsibility for reviewing and updating the existing Purchasing Policy to ensure compliance with respect to The Municipal Act, 2001, Part VI, Section 271, as amended. 2.0 PURCHASING RESPONSIBILlTIESfAUTHORITY 2.1 County Council has ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution. Payment for any item that has not been authorized by Council through budget appropriation or specific resolution will not be permitted, This purchasing policy provides guidelines outlining how spending authority is to be used. Levels of contract approval authority are also summarized in Appendix "N, 2.2 The Director of the Department shall be responsible for approval of accounts within the approved budget for their department Including any amendments to the budget as approved by Council. I 2,3 Prior to Council's approval of the 9!rr.e_n! ~l::!<!g_e! ~ p_ep~r!f!l~'!t_rl!tD'jt.!~ui D2I!lla12e~~tlf!fL_ _ _ _ _ _ _ _ _ - -{ Deleted: C expenditures up to 40% of the previous year's Budget. Directors will have the authority to solicit bids prior to the approval of CounciL 2.4 Resolutions approving budget amendments, capital expenditures or special appropriations shall contain purpose of expenditure, cost estimates or expenditure limitation, and the fund in which an appropriation has been provided. 2.5 The Director may appoint a Purchasing Designate to exercise any or all responsibilities assigned in this policy. 2,6 During the public procurement process, inwhouse bids will not be considered, 2.7 The Director of Financial Services may review departmental purchases on an ongoing basis to review the effectiveness and integrity of the process and policy adherence. This Policy will be reviewed and revised on a periodic basis. It is anticipated that reviews will be conducted every five years or more frequently as required, 2.8 Goods and Services that are not subject to this By-Law are listed in "Appendix B", County of Elgin Financial Services - Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 2.9 For bids valued at $50,000.00 or less, the Director may award a contract provided that Financial Services is in receipt of a Quotation Request Form, the product or service is contained within the approved budget and the requirements of the Procurement Policy are met. Guidelines/Goals to assist Director's or their designate who choose to exercise this authority are included in "Appendix E", 2.10 Despite any other provision of this Policy, the following contracts are subject to County Council approval; i. any contract requiring approval from the Ontario Municipal Board, ii. any contract prescribed by Statute to be made by Council, Hi. where the cost amount proposed for acceptance is 10% greater than the County Council approved budget for that expenditure or where the expenditure would result in insufficient remaining funds in the project budget to complete the project as budgeted, iv. where the net revenue amount proposed for acceptance is lower than the County Council approved budget; v. where a substantive objection emanating from the bid solicitation has been filed with a Director; vi. where a major irregularity precludes the award of a tender to the supplier submitting the lowest bid. 3.0 METHODS OF PROCUREMENT 3.1 CO-OPERATIVE PURCHASING 3.1 (1) The County shall participate with other government agencies or public authorities in Co-Operative Purchasing where it is in the best interest of the County to do so. 3.1 (2) The decision to participate in specific Co-Operative Purchasing agreements will be made by the Purchasing Co-Ordinator. 3,1(3) The policies of the government agencies or public authorities calling the co-operative tender are to be the accepted policy for that particular tender. 3.2 THE ONTARIANS WITH DISABILITIES ACT CODA 2001\ 3.2 In deciding to purchase goods or services through the procurement process for the use of itself, its employees or the public, County Council, to the extent possible, shall have regard to the accessibility for persons with disabilities to the goods or services. 2001,c32,s.13. 3.3 ENVIRONMENTAL CONSIDERATIONS 3.3 (1) In order to contribute to waste reduction and to increase the development and awareness of environmentally sound purchasing, acquisitions of goods and services, specifications will provide for expanded use of durable products, reusable products and products(including those used in services) that contain the minimum level of post consumer waste and/or maximum level of recyclable content without significantly affecting the intended use of the product or service. 3.4 LOWER TIER PARTNERSHIPS - MISCELLANEOUS CAPITAL PROJECTS _ _ _ _ _ _ _ _n n_ n _ n_ - -1 Deleled:l! 3.4(1) The County of Elgin may acquire goods or services for road maintenance projects without the solicitation of bids from the lower tier municipalities within Elgin County, as an extension of the existing Road Maintenance Agreements, and when it is deemed in the best interest of the Corporation. 2 County of Elgin Financial Services - Purchasing Policy # 200S-01 Approval Date: March 22, 200S Revision Date: October 2S, 200S 3.S SMALL ORDER PURCHASES IUD to $5.000.00\ 3.5(1) The Director and/or designate shall be authorized to make Small Order Purchases of goods and services up to an amount of $5,000.00 from such vendor and upon such terms and conditions as the Director deems appropriate. 3.6 REQUEST FOR QUOTATION 3.6(1) Informal or Formal Request for Quotation procedures shall be used where: i. the Item is greater than $5,000.00 but not greater than $100,000.00; ii. the requirement can be fully defined; and, iii. best value for the County can be achieved by an award selection made on the basis of the lowest bid that meets specifications. 3.7 INFORMAL QUOTATION (Greater than $5.000.00 but not areater than $SO.OOO.OO\ 3.7(1) The Director or designate in consultation with the Director of Financial Services or designate shall be authorized to make purchases of goods and services for estimated expenditures exceeding $5,000.00 and less than $50,000.00 from such vendor. Bid documents do not have to be sealed. Specifications (as applicable) can be issued and quotes can be received bye-mail and/or fax transmission at the using department location. At least 3 bids must be obtained whenever possible. 3.7(2) When the preferred Quotation exceeds the approved budget appropriation by more than 10%, the Director shall submit a report to Council for direction. 3.7(3) The County reserves the right to accept or reject any submission. 3.8 FORMAL QUOTATION (Greater than $50.000.00 but not areater than $100.000.00\ 3.8(1)_ The Director or designate and the Director of Finance or designate shall be authorized to make Formal Quotation Purchases for goods and services for estimated expenditures exceeding $50,000.00 and less than $100,000.00. Bid forms to be provided to Bidders in written format and must close in a formal sealed process. Bids must be submitted to Financial Services at a specified location. At least three (3) bids must be obtained whenever possible. Alt bids will close on a specified weekday at a specified time. Bids must have a submission label detailing project name and number. 3.8(2) The Director shall be responsible to review the quote submission and verify that all specifications of the quote are met and that the total submitted price does not exceed the approved budget allocation for the project. 3.8(3) When the preferred Quotation exceeds the approved budget for a specific project, the Director shail submit a report to Council for direction. 3.8(4) The County reserves the right to accept or reject any submission. 3.9 REQUEST FOR TENDER (GREATER THAN $100.000.00\ 3.9(1) The Director or designate and the Director of Finance or designate shall be authorized to solicit tenders for goods and services for estimated expenditures exceeding $100,000.00 if the item is specifically included within the approved budget. County Council shall award all Tenders. 3.9(2) Request for Tender procedures shail be used where: 3 County of Elgin Financial Services ~ Purchasing Polley # 2005-01 Approvai Date: March 22, 2005 Revision Date: October 25, 2005 I. the item is greater than $100,000.00; n. the requirement can be fully defined; and, Hi. best value for the County can be achieved by an award selection made on the basis of the lowest bid that meets specifications. 3.9(3) Tender forms are to be provided to Bidders in written format and must close in a formal sealed process. Tenders must be submitted to Financial Services at a specified location. At least three (3) tenders must be obtained whenever possible. All tenders will close on a specified weekday at a specified time. Bids must have a submission label detailing project name and number. 3.9(4) The Director shall be responsible to review the tender submission and verify that all specifications of the tender are met and that the total submitted price does not exceed the approved budget allocation for the project. 3.9(5) The Financial Services Department shall be responsible for arranging for the public opening of the Tender Bids at the time and date specified by the tender call. There shall be in attendance at that time a minimum of: i. The Director of Financial Services or designate ii. The Director of the issuing department or designate 3.9(6) The Financial Services Department shall forward to the issuing Department a summary of the bids subject to review by the Director. 3.9(7) The County reserves the right to accept or reject any submission. 3.10 REQUESTS FOR PROPOSALS 3.10(1) The Request for Proposal procedure shall be used in place of a Tender or Quotation when: i. The requirement is best described in a general performance specification; ii, Innovative solutions are sought; Iii. Estimated expenditures not exceeding $50,000.00, the evaluation criteria and process shall be approved by the Director prior to issuance of the Request for Proposal; iv. Expenditure exceeding $50,000.00, the evaluation criteria and process shall be approved by Council resolution prior to the issuance of the Request for Proposal; v. To achieve best value, the award selection will be made on an evaluated point per item or other method involving a combination of mandatory and desirable requirements; vi. The Request for Proposal method of purchase is a competitive method of purchase that may or may not include Vendor pre-qualification; vii. A Request for Information or Request for Expression of Interest may be Issued in advance of a proposal to assist in the development of a more definitive set of terms and conditions, scope of work/service and the selection of qualified Vendors; viii. Where the requirement is not straightforward or an excessive workload would be required to evaluate proposals, either due to their complexity, length, number of any combination thereof, a procedure may be used that would include a pre-qualification phase; ix. The Financial Services Department shall maintain a list of suggested evaluation criteria for assistance in formulating an evaluation scheme using a Request for Proposal. This may Include factors such as qualifications and experience strategy, approach, methodology, scheduling and past performance, facilities equipment, and pricing; x. Directors shall provide the Financial Services Department with a request in writing containing the budget authorization, terms of reference and evaluation criteria to be applied in assessing the proposals submitted; xi. A Selection Committee, composed of a minimum of one representative from the Department and the Director of Financial Services or designate shaH review all proposalS against the established criteria, reach consensus on the final rating results, and ensure that the final rating results, with supporting documents, are kept in the procurement file. 4 County of Elgin Financial Services ~ Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 xii. During the proposal process all communication with bidders shall be through the Financial Services Department. xiii. Financial Services Department shall forward to the Director an evaluation summary of the procurement, as well as the Committee's recommendation for award of contract to the supplier meeting all mandatory requirements and providing best value as stipulated in the Request for Proposal. Where the lowest bid is not accepted, the Director of the Department is responsible for documenting the determination of best value, in a confidential report to the Management Team prior to award of contract; xiv. Reporting will not include summaries of bids, as this information will remain confidential. Any disclosure of information shall be made by the appropriate officer in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O.) 1990, Section 10; xv. Unsuccessful proponents may, upon request, attend a debriefing session as required with the Director of Financial Services or designate as well as the Director to review their bid submission. Discussions relating to any bid submissions other than that of the proponent present will be strictly prohibited; xvi. The County reserves the right to accept or reject any submissions. 3.11 BLANKET CONTRACT PURCHASES 3.11 (1)A Bianket Order may be used where: i. one or more departments repetitively order the same goods or services and the actual demand is not known in advance; H. a need is anticipated for a range of goods and services for a specific purpose, but the actual demand is not known at the outset, and delivery is to be made when a requirement arises. Hi. The Purchasing Co~Ordinator shall establish and maintain Blanket Order Contracts that define source and price where available with selected suppliers for all frequently used goods or services; iv. Blanket Orders may be issued as the result of a bid process such as Request for Quotation, Request for Tender, Request for Proposal and from Co-operative Purchasing consortium. v. To establish prices and select sources, the Director in consultation with the Purchasing Co. Ordinator shall employ the provisions contained in this Policy for the acquisition of goods, services and construction; vi. More than one supplier may be selected where it is in the best interest of the County and the bid solicitation allows for more than one; vii. Where purchasing action is initiated by a department for frequently used goodS or services, it is to be made with the supplier or suppliers listed in the Blanket Order Contract; viiI. In a Request for Blanket Order, the expected quantity of the specified goods or services to be purchased over the time period of the agreement will be as accurate an estimate as practical and be based, to the extent possible, on previous usage adjusted for any known factors that may change said usage. ix. Blanket Orders shall be issued for a specific time period with all ordering departments responsible for maintaining purchases within budget allocations. 3.12 SINGLE/SOLE SOURCING 3.12(1) i. In circumstances where there may be more than one source of supply In the open market, but only one of these is recommended for consideration on the grounds that it is more cost effective or beneficial to the County and where the expenditure will exceed $25,000.00, approval must be obtained from the Senior Management Team and County Council prior to negotiations with the single source. The Director or designate shall be responsible for submitting a report detailing the rationale supporting the use of the single source. ii. If the Director requires goods, services or equipment deemed to be available from only one source of supply, and where the expenditure will exceed $25,000.00, the Director shall 5 County of Elgin Financial Services - Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 initiate a report to County Council requesting that the tendering procedure be waived and that the Director in consultation with the Director of Financial Services or the Chief Administrative Officer be authorized to negotiate with the sole source supplier. 3.13 PROCUREMENT IN EMERGENCIES 3.13(1) An "Emergency"inciudes: i. an imminent or actual danger to the life, health or safety of an official or an employee while acting on the County's behaif; Ii. an imminent or actual danger of injury to or destruction of real or personal property belonging to the County; Hi. an unexpected interruption of an essential public service; iv. an emergency as defined by the Emergency Plans Act, R.S.O. 1990, Chapter E.9 and the emergency plan formulated thereunder by the County; v. a spill of a pollutant as contemplated by Part X of the Environmental Protection Act, R.S,Q, 1990, Chapter E.19 and, vi. mandate of a non-compliance order. 3.13 (2) This method of purchasing may be used when the circumstances warrant immediate action or when health and safety or the public interest are in jeopardy, and where this method of purchasing would result in an over.expenditure or a non-budgeted expenditure of $2,500.00 or more. The Director must consult with the Warden or designate for approval prior to making an emergency purchase and must be reported to Council at the next scheduled meeting, 3.14 DIRECT NEGOTIATION 3.141) Unless otherwise provided in accordance with the Purchasing By-Law and this Policy, goods and services may be purchased using the Direct Negotiation method only if one or more of the following conditions apply; i. the required goods and services are reasonably available from only one source (also known as single source), by reason of the scarcity of supply in the market or the existence of exclusive rights held by any supplier or the need for compatibility with goods and services previously acquired and there are no reasonable alternatives or substitutes; ii. The required goods and services will be additional to similar goods and services being supplied under an existing contract (Le. contract extension or renewal); iii. An attempt to purchase the required goods and services has been made in good faith using a method other than Direct Negotiation within this policy which has failed to identify a successful supplier and it is not reasonable or desirable that a further attempt to purchase the goods and services be made using a method other than Direct Negotiation; iv. The goods and services are required as a result of an emergency, which would not reasonably permit the use of a method other than Direct Negotiation; v. The required goods and services are to be supplied by a particular vendor or supplier having special knowledge, skills, expertise or experience, 3.14(2) Any expenditure exceeding $50,000.00 for a one-time purchase or over an annual basis must be reported to Council. 3.15 LEASING 3,15 (1) The Council of the County of Elgin may enter into a leasing agreement in accordance with the Municipal Act, 2001, O.Reg.46/94,O.Reg. 266/02. 3,15 (2) In certain circumstances, it may be economically advisable for the County to enter into a Financing Lease to acquire the right to use capital property and equipment rather than an outright purchase. 6 County of Elgin Financial SeIVices - Purchasing Policy # 2005-01 Approval Dale: March 22, 2005 Revision Date: October 25, 2005 3.15(3) Leasing is approved as an acceptable means to acquire municipal capital facilities when one or more of the following conditions (goals) are met: i. The municipal capital facility cannot be purchased; ii. The lease arrangement provide financially attractive interest rates over the entire life of the lease; iiL The risk of obsolescence on the leased asset rests with the lessor; iv. The leased asset has a high purchase value and is not required on an ongoing basis; v. Short term revenues versus capital needs; 3.15(4) A by-law is required for all lease agreements with the exception of leases made in emergency situations. These leases will be reported to Council at the first available opportunity. A bylaw is not required for leases that are short term In nature of 120 days or less, 3.15 (5) Once each fiscal year the Director of Financial Services shall provide a report to Council outlining all current leasing arrangements. 4.0 DISPUTE RESOLUTION 4.1 Disputes shall be resolved as follows: i. Meeting between the bidder, the Director of the Department and the Purchasing CowOrdinator, ii. If (I) does not lead to a resolution, the decision can be appealed to the Director of Financial Services and the Chief Administrative Officer, 5.0 EXCEPTIONS 5.(1) A Department may request exemption from any or all the purchasing methods outlined in this policy by submission of a report requesting the same to County Council. Such one time exemption may be granted by resolution. 6.0 GUARANTEES OF CONTRACT EXECUTION AND PERFORMANCE 6.(1) For all tenders valued at over $100,000, the following guarantees, bonds, certificates and insurance must form part of the contract unless other securities are deemed appropriate as determined by the Director. 1) Bid Bond or Bid Deposil (Certified Cheque) 2) Insurance 3) Certificate of Clearance from Ihe Workplace Safety and Insurance Board (WSIB) 4) Performance Bond valued at 100% of the amount of the Tender bid. 5) Labour and Materials Bond valued at 100% of the amount of the Tender bid. 6.(2) In addition to these requirements, the Director shall select additional appropriate means to guarantee executlon and performance of the contract. Means may include one or more of, but are not limited to, financial bonds, letters of credit, agreement to bond or other forms of security deposits, provisions for liquidated damages, progress payments and holdbacks. Only those able to bind the Corporation are authorized to execute the agreements/contracts. 7 County of Elgin Financial Services - Purchasing Poiicy # 2005-01 Approval Date: March 22, 2005 Revision Date: Oclober 25, 2005 6.3 Contracts valued at less than $100,000 may include guarantees at the discretion of the Director. 6.4 The Bid Bond or Bid Deposit amount shall be as specified in the following table: Total Tender Amount Bid Deposit Required $100,000.01 to $250,000.00 $10,000.00 $250,000.01 to $500,000.00 $20,000.00 $500,000.01 to $1,000,000.00 $40,000.00 $1,000,000.01 to $2,000,000.00 $75,000.00 $2,000,000.01 and Over $150,000.00 Financial Services is authorized to cash and deposit any bid deposit cheques in the County's possession which are forfeited as a result of non-compliance with the terms, conditions and/or specifications of a sealed bid. 7.0 INSURANCE 7.1 (1) The standard insurance minimums are as follows: $2 million - commercial general liability policy $2 million - for each occurrence for bodily injury and property damage $2 million - automobile liability policy $2 million - homeowners(e.g. for rental of facilities) $5 million - commercial generalliabiflty and automobile liability policies - for contracts exceeding $100,000.00 $5 million - for each occurrence for bodily injury and property damage for contracts exceeding $100,000.00 $1 million - professional errors and omissions liability Builders Risk - the amount of the project cost 7.1 (2) Bid documents must clearly indicate insurance requirements to be provided by the successful bidders insurance company. 7.2 Prior to commencement of work and where deemed appropriate, evidence of Insurance Coverage satisfactory to the Director, must be obtained ensuring Indemnification of the County of Elgin from any and all claims, demands, losses, costs or damages resulting from the performance of a supplier's obligations under the contract. 7.3 (1) The successful bidder must furnish the County at hislher cost a ~certified copt of a liability insurance policy covering publiC liability and property damage for no less than the minimum amounts stated in 7.1 (1) to the satisfaction of the County and in force for the entire contract period. The policy must contain: i. a "Cross Uabllitt clause or endorsement; ii. an endorsement certifying that The Corporation of the County of Elgin and the successful bidder are included as an additional named insured; iii. an endorsement to the effect that the policy or policies will not be altered, cancelled or allowed to lapse without thirty days prior written notice to Elgin County. 8 County of Elgin Financial Services - Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 7.3 (2) Contractor's Liability Insurance Policy shall not contain any exclusions of liability for damage, etc. to property, building or land arising from; i. the removal or weakening of support of any property, building or land whether such support be natural or otherwise; ii. the use of explosives for blasting; iii. the vibration from pile driving or caisson work, provided that the minimum coverage for any such loss or damage shall be $5,000,000.00. 8.0 EXCLUSION OF BIDDERS 8.1 EXCLUSION OF BIDDERS IN LITIGATION 8.1(1) The County may, in its absolute discretion, reject a Tender or Proposal submitted by the bidder if the bidder, or any officer or director of the bidder is or has been engaged, either directly or indirectly through another corporation, in a legal action against the County, its elected or appointed officers and employees in relation to: i. any other contract or services; or ii. any matter arising from the County's exercise of its powers, duties, or functions. 8.1 (2) In determining whether or not to reject a quotation, tender or proposal under this clause, the County will consider whether the litigation is likely to affect the bidder's ability to work with the County, its consultants and representatives, and whether the County's experience with the bidder indicates that the County is likely to incur increased staff and legal costs in the administration of the contract if it Is awarded to the bidder. 8.2 EXCLUSION OF BIDDERS DUE TO POOR PERFORMANCE 8.2(1) The Director shall document evidence and advise Financial Services in writing where the performance of a supplier has been unsatisfactory in terms of failure to meet contract specifications, terms and conditions or for Health and Safety violations. The Financial Services Department shall centralize the information for future reference. '8.2- - - The -l5irector-o(Flnan-cTal-Se-rVices mav~ In-co-nsuttatTon- with the- County -solicitor. al place - - - -- the supplier on a two vear probation to closelv monitor future work or b) put Ihe supplier on Deleted: 8.2(2) The Dlreclorof Financial Services may, In consullaUon with the County Solicitor, prohibit an unsatisfactory supplier notice that all future bids may result in non award of a contract for a maximum of three from bkldlng on future contraclsfora RE~6F GCf615S - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -',,-: - i ~::e::u;tothreeyears. "i Formatted: Font: 11 pt 9.0 9.(1) The Director or designate shall, i. arrange for prompt inspection of goods on receipt to confirm conformance with the terms of the contract, and inform the Purchasing Co-Ordinator immediately of any discrepancies. ii. 10.0 REPORTING TO SENIOR MANAGEMENT TEAM AND COUNTY COUNCIL 10.(1) The Director of Financial Services or designate shall submit to the Senior Management Team and County Council an information report (semi-annually) containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $5,000.00 including amendments and renewals. The Director of Financial Services shall certify in the report that the awards are in compliance with the Purchasing Policy. 9 12.1(1) Advertising for Quotations, Tenders or Proposals estimated to exceed $50,000.00 excluding taxes and freight mav1b_e_pJ~~p jl! ~1119~1 iI~'!Y~~a2~~s_ h_aYLn.9_8JDiDLfl!uJrl ~iI~!aJiQI! Qt _ _ _ - --{ Deleted: shan 4000 at the discretion of the DirectOl;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - i Deleled:. 12.1 (2) In compliance wilh trade laws, purchases In excess of $50,000.00 shall also be posted on the County web sile and the Ontario Public Buvers Association (OPBAl web site to ensure access to all vendors across Canada. Bid documents of a lesser amount mav also be posted on the Countv and OPBA websites'L __ __ __ __ __ __ _ _ __ _ _ _ __ _ _ _ _ __ __ __ _ __ _ -- County of Elgin Financial Services - Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 11.0 ACCESS TO INFORMATION 11.(1) The disclosure of information received relevant to the issue of bid solicitations or the award of contracts emanating from bid solicitations shall be made by the appropriate officers In accordance with the provisions ofthe Municipal Freedom of Information and Privacy Act., R.S.O. 1990, as amended. 11.(2) All records and information pertaining to tenders, proposals and other sealed bids, which reveal a trade secret or scientific, technical, commercial, financial or other labour relations information, supplied in confidence implicitly or explicitly, shall remain confidential if the disclosure could reasonably be expected to: i. prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organizations; ii. result In similar information no longer being supplied to the County where it is in the public interest that similar information continue to be so supplied; iii. result In undue loss or gain to any person, group, committee or financial institution or agency; or iv. result in information whose disclosure could reasonably be expected to be injurious to the financial interests of the County. 12.0 ADVERTISING 12.2 Contracts estimated to exceed $100,000 in value may also be advertised in the London Free Press~_ , 13.0 RETENTION OF DOCUMENTATION 13.1 (1) All background information, information submitted by vendors, and any other relevant information involved in obtaining prices for goods and services shall be retained for the entire budget year and six (6) years in records retention. 13.1 (2) All background information, information submitted by successful vendor, resulting in a contract or agreement shall be retained for a minimum of twenty (20) years in record retention. 10 Deleted: to ensure access to all vendors across Canada. BId documents of a klsser amount may also be posted on the County web site. Deleted: and/or a trade paper at the discretion of the Director. County 01 Elgin Financial Services - Purchasing Policy # 200S.01 Approvai Date: March 22, 200S Revision Date: October 2S, 200S APPENDIX A LEVELS OF CONTRACT APPROVAL AUTHORITY Note: Sales taxes, excise taxes, goods and service taxes and duties shall be excluded in determining the price of a contract for the supply of goods or services for the purpose of the relationship of the price to the pre-authorized expenditure limit. In the case of multi-year supply and/or service contracts, the pre-authorized expenditure limit shall refer to the estimated annual expenditure under the contract. IN~t!i$ic< Sotire.>, $S,OOO or No formal quotes required. Purchases made No report to less Director. Iromthe Council required. competitive market Dlace. Greater Informal Quotations (3 quotes 3 written quotes No Report to than $S,OOO required - written) or Direct Director. to be obtained. Council required but less negotiation as a result of Single if within 10% of than or Sole Source. the approved $SO,OOO budoet allocation. C reater Formal Quotations (3 written Director and Director Advertls,l'l ~~caL_ ~,,_~eJl!>rtj~ _ __ t an quotes required) of Financial Services paper.1:QQ~u_n!y_ __ Council required $ 0,000 but web site and IfWlthln -a-pproved- 1 ss than Ontario Public budget. $ 00,000 Buvers website. reater ReQuest for Tender Advertis,_o,,_ _ _ _ _ t an County Council Countv web,eLt~,__ 1<:OPQa [0= c;QU:n:crr = $ 00,000 iocai paper,and Ontario Public Buvers web site. Less than ReQuest for Prooosal Director and Director Advertise on No Report to '1'"00 In place of a Tender or of Financial Services. County web,slte"_ Council required Quotation when goods and The evaluation criteria ,a_d.Y~r.!i~~ Ln JQ~l~ TfWitT'lfn -a-pprovea services cannot be specifically and process shall be paper. and budget allocafion~- stipulated or when alternative approved by the Ontario Pubilc methods are being sought to Director prior to Buvers web site. perform certain functions or issuance of the ------------- services. Reouest lor ProDosal. Greater ReQuest for Prooosal County Council Advertise on Report to Council. r The evaluation criteria and Countv web,eLt~,_ _ ------------ - $ 0,000 process shall be approved by local paper and Council resolution prior to the Ontario Public issuance of the Request for Buvers website_ ------------ Proposal. When the preferred proposal i) Exceeds the approved budget appropriation and/or ill exceeds $SO,OOO.OO, the Director shall submit a report to Council for direction. 11 - -.-{ Deleted: ed - --I Deleted: and -. -. i Deleted: on _ - ~ Deleted: . - - Deleted: ed - - i Deleted: _ - Deleted: may advertise In regional andlor trade paper. - -.-{ Deleted: -:. --I Deleted: may Deleted: andfor regional, andlor trade - - -{ Deleted: . - - i Deleted: Deleted: and regional, andlortrade paper County of Elgin Financial Services - Purchasing Polley # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 APPENDIX B GOODS AND SERVICES NOT SUBJECT TO THIS POLICY 1. Petty Cash Items 2. Training and Education including: i. Conferences n. Courses m. Conventions iv. Magazines v. Memberships vi. Periodicals vii. Seminars viii. Staff Development ix. Staff Workshops x. Staff Relations 3. Refundable Employee Expenses including: i. Cash Advances ii. Meal Allowances iii. Travel Expenses iv, Accommodation 4. Employer's General Expenses including: i. Payroll Deduction Remittances ii. Medicals iii. Insurance Premiums iv. Tax Remittances 5. Licenses, certificates. 6. Ongoing maintenance for existing computer hardware and software. 7. Professional and skilled services provided to individuals as part of approved programs within the Corporation including but not limited to medical services, counseling services. 8. Consulting Services (up to $100,000) where a previously retained firm has provided similar services or has an intimate knowledge of the project and it would be beneficial to have that same firm provide new or extended services. 9. Other Professional and Special Services up to $100,000 including: L Additional non~recurring Accounting and Auditing Services ii. Legal Services iii. Banking Services where covered by agreements iv. Public Debenture Sales v. Group Benefits vi. Realty Services regarding the Lease, Acquisition, Demolition, Sale of Land and Appraisal of Land. 12 County of Elgin Financial Services - Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 APPENDIX "C" IRREGULARITIES CONTAINED IN BIDS :',!,!' rv. ::'!:'!:: '!'!''!'!ii,!ii '!ii '!''! GYYii Late Bids Automatic rejection, not read publicly and returned unooened to the bidder. Unsealed Envelooes Automatic Rejection. .1 .1 Incomplete, illegible or obscure bids or bids which May be rejected as informal. contain additions not called fOf, erasures, alterations, errors or irregularities of any kind. Bids not comnleted in Ink. Automatic Reiectlon. Documents, in which all necessary Addenda have Automatic Rejection. not been acknowledaed. Failure to attend mandatory site visit. Automatic Rejection. Bids received on documents other than those Automatic Rejection, orovided bv the Countv of Elgin. Fpilure to insert the Tenderer's business name inT__ ~~~~~~QF~~9lio~~~~__________________~~ spaces provided in the Form of Tender. Failure to include signature of the person Automatic Rejection. authorized to bind the Tenderer in the space provided in the Form of Tender. Conditions placed by the Tenderer on the Total Automatic Rejection Contracl Price. Bids Containing Minor Mathematical Errors a) If the amount tendered for a unit price item does not agree with the extension of the estimated quantity and the tendered unit price, or if the extension has not been made, the unit price shall govern and the total price shall be corrected accordingly. b) If both the unit price and the total price are left blank, then both shall be considered as zero. c) 11 the unit price is left blank but a total price is shown for the item, the unit price shall be established by dividing the total price by the estimated quantity. d) If the total price is left blank for a lump sum item, it shall be considered zero. e) If the Tender contains an error in addition and/or subtraction and/or transcription in the aooroved tender documentation format reauested n.e. not the additional suooortina documentation suoolied)' the error shall be corrected and the corrected total contract price shall govern. D Tenders containing prices which appear to be so unbalanced as to likely affect the interest of the County adversely may be rejected. _ _ - Deleted: Insufficient Financial -', Security (No Bid Deposit or ...." " Insufficient Bid Deposit) " , \ " i Deleted: Automatic Rejection. , , \ Deleted: Failure to Insert the name \ of the Bonding Company In the space \ provided In the Form of Tender. t Deleted: Automatic ReJection. _ _ _ _ - -{ Deleted: one of the two 't _ _ _ _ _ _ _ ____ _ ___ _ ___~~ _ _ _ _ _ _______ _ ___ - --{ Deleted: 11 13 County of Elgin Financial Services - Purchasing Poiicy # 2005-01 Approvai Date: March 22, 2005 Revision Date: October 25, 2005 APPENDIX "C" IRREGULARiTIES CONTAINED IN BIDS d Securit a Insufficient Financiai Securi no bid d osit or insufficient bid de os it b Failure to insert name of bond in com an c Si nature of bidder andlor bond in c m an missin when bid bond re uested reement to rovide Performance Securit is n t rovided or is not in the form s ecified. rt bids ail items not bid ithdrawal of Bids T e Bids Automatic Reiection Automatic Reiection Automatic Reiection. Automatic Reiection. Automatic Reiection uniess ailowed for in the re uest. Withdrawal of bids received after the c10sinq time wiil not be ailowed. The desiqnated official mav use one of the foilowinq methods of dealinq with tie bids. based upon the specific situation: * use a coin toss to select a recommended bid. * request the tie bidders to submit new bids. * ne otiate with the tied bidders to break the tie. 14 County of Elgin Financial Services - Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 APPENDIX "0" DEFINITIONS In this policy, unless a contrary intention appears: ~Agreemenf means a formal written legal agreement or contract for the supply of goods, services, equipment or construction; ~Blanket Order" shaH mean the agreement wherein a vendor will sell certain items to the County for an agreed period of time with established terms and conditions; ~Bid" shall mean a submission from a prospective vendor in response to a request for the purchase of goods or services issued by the County; ~Bid Deposit" shall mean a financial guarantee to ensure the successful bidder will enter into an agreement; "Contract" means any formal or deliberate written agreement for the purchase of goods, services, equipment or construction; UContract Record~ is a document which outlines the terms and conditions of the agreement; UCouncW shall mean the Municipal Council of the Corporation of the County of Elgin; UDeclaration Respecting Workers' Compensation Act, R.S.O. 1990/Corporatlon Tax Act" "Certificate of Clearance" means a declaration that a bidder has paid all assessments or compensation payable and has otherwise complied with all requirements of the Workplace Safety and Insurance Board and that the bidder has paid all taxes and/or penalties imposed on it pursuant to the Corporation Tax Act, R.S.O. 1990; UDirector" refers to a head of a department operating within the County of Elgin being responsible for: Administrative Services, Library Services, Financial Services, Engineering Services, Information Technology, Terrace Lodge, Elgin Manor, Bobier Villa, Human Resources; UEmergency" means an occurrence resulting from an unforeseen action or consequence of an unforeseen event, {trigger event)which must be remedied on a time sensitive basis to avoid a material financial risk, serious delays, injury, further damage or to restore or maintain services; "Executed Agreemene means a form of agreement, either incorporated in the bid documents or prepared by the County, to be executed by the successful bidder and the County; "Goods and Services" includes supplles, materials and equipment of every kind required to be used to carry out the operations of a department; Uln-House Bids" also known as UManaged Bids" shall mean that during the Public Procurement Process, an agency within the Corporation of the County of Elgin is not permitted to submit a bid. "Insurance Documents" shall mean certified documents issued by an insurance company licensed to operate by the Government of Canada or the Province of Ontario certifying that the bidder is insured in accordance with the County's insurance requirements as contained in the bid documents; 15 County of Elgin Financial Services - Purchasing Policy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 ~Irregularities Contained in Bids" is defined in Appendix C and include the appropriate response to those irregularities; "Labour and Material Bond" means a bond issued by a surety company on the County of Elgin standard Form of Bond to ensure that the contractor will pay his or her suppliers and thereby protects the Corporation against items which might be granted to a supplier should the contractor not make proper payments; ~Letter of Agreement to Bond" means a Jetter or other form issued by a bonding agency licensed to operate by the Government of Canada or the Province of Ontario advising that, if the bidder is successful the bonding agency will issue the required bonds; "Lowest Acceptable Bid" means the lowest price submitted which meets the requirements and specifications as set out in the bid request, minor deviations excepted; "Normal Operating Expenditure" means expenditure of an operational recurring nature and does not include one~time special or Capital expenditure; "Performance Bond" means a bond issued by a surety company on the County of Elgin standard Form of Bond executed in connection with a contract and which secures the performance and fulfillment of the undertakings, covenants, terms, conditions and agreements contained in the contracts; "Procure" "Prqcurement" "Purchase" means to acquire by purchase, rental, lease or trade; "Professional Service Supplier" means a supplier of services requiring professional skills for a defined service requirement including, i. Architects, auditors, engineers, designers, management and financial consultants; ii. Firms or individuals having specialized competence in environmental, planning or other disciplines; iii. Information TechnOlogy "Purchasing Designate or Delegate" means a person authorized by the Director to execute the purchase of goods and services; "Quotation Summary Form" means a written request in an approved format and duly authorize to obtain goods and services; "Quotation" means a request for prices on specific goods andlor services from selected vendors which are submitted verbally, in writing or transmitted by facsimile as specified in the Request for Quotation; "Request for Expression of Interese is a focused market research tool used to determine vendor interest in a proposed procurement. It may be issued simultaneously with a Request for Qualifications when the proposed procurement is well defined and the purchaser has clear expectations for the procurement; "Request for Information" is used prior to issuing a tender call as a general market research tool to determine what products and services are available, scope out business requirements, andlor estimate project costs; "Request for Proposal" means a process where a need is identified, but the method by which it will be achieved is unknown at the outset. This process allows vendors to propose solutions or methods to arrive at the desired result; "Sealed Bid" means a formal sealed response received as a part of a quotation, tender or proposal; 16 County of Elgin Financial Services - Purchasing Poiicy # 2005-01 Approval Date: March 22, 2005 Revision Date: October 25, 2005 "Single Source" means there Is more than one source in the open market but only for reasons of function or service one vendor is recommended for consideration of the particular goods and/or services; "Sole Source" means there is only one source of supply of particular goods and services; "Supplier" means any individual or organizalion providing goods or services to the County of Elgin including but not limited to contractors, consultants, vendors, service organizations, etc.; "Tender" means a sealed bid which contains an offer in writing to execute some specified services, or to supply certain specified goods, at a certain price, in response to a publicly advertised request for bids; "Value Analysis" typically refers to a life cycle costing approach to valuing a given alternative, which calculates the long-term expected impacts of implementing the particular option. 17 County of Elgin Financial Services - Purchasing Policy # 2005-01 Approvai Date: March 22, 2005 Revision Date: October 25, 2005 APPENDIX "E" Guidelines for the Execution of Purchases These guidelines are provided to assist the Director and/or designate should they choose to exercise their authority to purchase goods or services. Guidelines are organized by objective as foHows: Obiective 1: Coroorate Efficlencv Purchases under this authority must be for unique Departmental requirements, and therefore not duplicated in other Departments, such that Corporate purchasing power or standardization Is not a factor in costing. Requirements cannot be split in order to qualify for this process. Oblective 2: ComDetltive Process A competitive process is undertaken whereby a minimum of 3 bids is obtained, and the lowest compliant bid is awarded the contract. Care must be taken as to how bids are sought, bidder lists are maintained and how competition is encouraged. Although a minimum of 3 bids Is required, an open process without a minimum number of bids will be more competitive, and is encouraged. Obiective 3: Ooen Process Departmental needs are communicated to bidders, who are able to bid on goods or services they are qualified to provide. There should be no limitation of bids to an established listing. Objective 4: TransDarent Process The process is undertaken based on clear definitlon of the product or service requirement, and a clear outline of the review and criteria to be undertaken. The decision to choose the low bidder will be based solely on the requirements as documented, the bidder document, and the application of the review criteria. The same decision should be arrived at each time given the same set of facts, which will facllltate the dispute resolution process. Obiective 5: Fair Process The process will be fair, such that no action is undertaken by the County staff to allow any given bidder an unfair advantage. This does not however, require County action to ensure that eXisting conditions are changed to ensure that any conversion costs from an incumbent to another supplier are ignored in an evaluation - it is in the best interest of the County to ensure that such ~leveling of the playing field~ is not required. Objective 6: Insurance and Risk Manaaement A Liability Insurance Form and WSIB Certificates of Clearance may be submitted as deemed appropriate at the commencement of the project and periodically as the work is completed. The Director may choose to request Performance and labour and Material Bonds for informal quotations if it is believed to serve the County's best interest. Obiective 7: Authorization for Pavment Quotation Summary Form must be completed, ensuring that the appropriate account has sufficient funds to pay for the contract. Oblective 8: Reoortina of Items Conducted under Deleaated Authorltv The Director of Finance shall produce a report of all purchases in excess of $5,000 carried out under this authority, in a semi-annual reporting of contracts to Council. Obiective 9: Standardization In order to assist in cross training, enable multlple bidders to understand the process requirements and ensure that legal and insurance risks are controlled, standard formats will be used for Requests for Quotations, These forms will be updated by Financial Services as appropriate. 18 REPORT TO COUNTY COUNCIL FROM: Sonia Beavers, Purchasing Co-Ordinator Clayton Watters, Director, Engineering Services DATE: May 15, 2008 SUBJECT: Monitoring of Fire Alarm Panels Coroorate Goals Referenced: To ensure fiscal responsibility and accountability. Introduction: The service agreements for monitoring the fire alarm panels will be expiring on June 30, 2008. ADT Security Systems provides the monitoring and maintenance of the fire alarm panels at Terrace Lodge, Bobier Villa and Elgin Manor and Chubb Security Systems monitors and maintains the fire alarm panels at the County Administration Building and the Waste Water Treatment Plant. Intrusion Alarms for Archives, Museum and POA are monitored by RMB Communications. Discussion: The agreements for monitoring the fire alarm panels were renewed with ADT Security Services and Chubb Security Systems on July 1, 2005 with the understanding that staff would report to Council with a recommendation on whether or not it is in the best interest of the County to issue a Request for Quotation for Security Service. ADT Security Systems and Chubb Security Systems were asked to provide a quote for monitoring the fire alarm panels for a five year term commencing July 1, 2008 to June 30, 2013. A site visit was conducted at each location. Result of Site Visit 1) ADT and Chubb brought to our attention that there has been a change in the building code. The fire panels in each of the five locations will require parts and labour to meet the new building code standard. There are extra costs associated with implementing the upgrades. The upgrades are one time costs which are as follows: 1 Costs for Uoarades Facility Total Cost for Upgrades Company Providing (exclusive of taxes) Monitoring and Maintenance Terrace Lodge $ 449.34 ADT Security Systems (includes installation of DVACS Line and DVACS Module/Card Bobier Villa $ 366.25 ADT Security Svstems Elqin Manor $ 366.25 ADT Security Svstems Administration $ 393.04 Chubb Security Systems Building Waste Water $ 1,274.46 Chubb Security Systems Treatment Plant (install high security pod and connectto DV AC) 2) In addition, security companies are required to provide a yearly inspection and an Underwriters' Laboratories of Canada (ULC) certificate. It is understood during the annual inspection the Fire Inspector will be, a) checking the fire panels to ensure the fire panels meet the new building code standards, b) that an annual inspection by a qualified security company has been completed; c) ULC certificate is issued and posted. The fees listed below are associated with the required yearlv inspection and for providing a ULC certificate: Facility Annual Service Charge exclusive oftaxes) $ 607.00 $ 272.00 $ 272.00 $ 308.85 $ 308.85 Company Providing Monitoring and Maintenance ADT Securi S stems ADT Securi S stems ADT Securi S stems Chubb Security S stems Chubb Security S stems Terrace Lod e Bobier Villa Elgin Manor Administration Building Waste Water Treatment Plant 3) ADT Security Systems and Chubb Security Systems prOVided a quote for monitoring and maintaining the fire alarm panels for a five year term commencing July 1, 2008 to June 30, 2013. The quote is listed below: 2 Facility Annual Rate to Annual Rate effective June 30, 2008 July 1, 2008 (exclusive of taxes) (exclusive of taxes) Terrace Lodge $ 600.00 $ 1,207.00 Bobier Villa $1,324.00 $ 1,596.00 Elgin Manor $ 600.00 $ 872.25 Administration Buildinq $ 576.00 $ 884.85 Waste Water Treatment Plant $ 576.00 $ 884.85 After the first year, the rate quoted may be subject to an annual escalating increase based on the Canadian Consumer Price Index. The annual fees from ADT Security Systems and Chubb Security Systems are calculated and based on the amount of equipment leased at each location. The more equipment the higher the annual costs of additional services such as dvacs line. When there are few or no other customers in remote areas using dvacs lines (Bobier Villa and Terrace Lodge) then the cost to provide service of dvacs escalates. A dvacs line is an additional dedicated telephone line from the County owned location to ADT & Chubb Security Services. There is a continuous signal transmitted through this line from the County location to the security company and from the security company to the County location which confirms that the telephone line is in good working order and therefore able to transmit an emergency signal. Conclusion: The agreement for monitoring and maintaining the fire alarm panels with ADT Security Services and Chubb Security Services expires in June 30, 2008. Staff were asked to report to Council on whether or not it was in the best interest of the County to issue a Request for Quotation for Security Services. The fire panel systems are proprietary. If the County chooses to tender this service and if the service is awarded to a company other than the current contractors, ADT and Chubb will remove the existing equipment and the new company will need to install their equipment. The quote provided by ADT and Chubb seems to be fair and meets the needs of the County. The annual fee commencing July 1, 2008 will include monitoring, maintenance, annual inspection of fire alarm panels and the issuance of the ULC certificate for each facility. The annual cost for this service for each facility is as follows: Terrace Lodge $1,207.00, Bobier Villa $1,596.00, Elgin Manor $ 872.00, Administration Building $ 884.85, Waste Water Treatment Plant $ 884.85. These totals are exclusive of taxes. ADT and Chubb has been providing security service to the County since 1998 and past performance has been favourable. Consistency is also a factor that needs to be 3 considered. Therefore, the recommendation would be to continue our partnership with ADT and Chubb Security Services for the provision of monitoring and maintaining the fire alarm panels for the various County owned operations. Recommendation: THAT, the Warden and CAO be authorized and directed to sign the agreement with ADT Security Services for monitoring and maintaining the fire alarm panels from July 1, 2008 to June 30, 2013 for Elgin Manor, Terrace Lodge and Bobier Villa, and THAT, the Warden and CAO be authorized and directed to sign the agreement with Chubb Security Services for monitoring and maintaining the fire alarm panels from July 1, 2008 to June 30, 2013 for the County Administration Building and the Waste Water Treatment Plant, and also THAT, as long as the Procurement Policy is followed, Council authorizes staff to continue the partnership with ADT Security Services and Chubb Security Services for monitoring and maintaining the fire alarm panels on an ongoing basis. Respectfully Submitted Approved for Submission fj~md' ) Chief Administrative Officer ~ ~'E' ~~l"...-:J S ma Beavers Purchasing Co-Ordinator C~J~J~ Un a Veger Director, Financial Services urw"'~. Clayton Watters Director, Engineering Services 4 REPORT TO COUNTY COUNCIL FROM: Linda B. Veger, Director of Financial Services DATE: April 18, 2008 SUBJECT: Budget Comparison - March 31, 2008 Corporate Goal Referenced: To ensure fiscal responsibility and accountability. Introduction: Attached is the budget comparison to March 31, 2008 for the County operating departments. Discussion: The departmental totals are reasonable for the third month of the year. It is still early to see any trends. Corporate Expenditures - the insurance premium is already paid increasing the percent of budget up to 46.74% to March 31. Engineering - maintenance payments are made early in the year to assist the municipalities with snow clearing thereby increasing that budget to 33.79% to March 31. Overall the three Homes are in a positive position. The increases in revenues will start flowing in April. Recommendation: THAT the report titled Budget Comparison - March 31, 2008 and dated April 18, 2008 be received and filed. Respectfully Submitted Approv ubmission '~~A-~~ Linda B. Veger Director of Financial Services Mark G. Chief Administrative Officer COUNTY OF ELGIN Departmental Budget Comparisons For The 3 Periods Ending March 31, 2008 Total YTD YTD Variance %OF Budget Budget Actual 0 Budget Warden & Council Wages 197,980 49,495 45,968 3,527 Benefits 38,900 9,725 1,839 7,886 Operations 74,275 32,594 39,752 (7,158) Total 311,155 91,814 87,559 4,255 28.14% Administrative Services Wages 286,923 66,853 65,243 1,610 Benefits 70,519 16,431 17,728 (1,297) Operations 16,300 4,075 6,832 (2,757) Total 373,742 87,359 89,803 (2,444 ) 24.03% Financial Services Wages 336,733 78,459 78,118 341 Benefits 79,754 18,583 20,459 (1,876) Operations 17,332 4,333 4,659 (326) Total 433,819 101,374 103,236 (1,862) 23.80% Human Resources Wages 338,486 78,867 72,020 6,847 Benefits 82,445 19,244 13,234 6,010 Operations 17,800 4,450 2,550 1,900 Total 438,731 102,561 87,804 14,757 20.01% Administration Building Wages 202,630 47,213 41,437 5,776 Benefits 48,848 11,382 10,707 675 Operations 123,280 30,820 14,164 16,656 Total 374,758 89,414 66,307 23,108 17.69% Corporate Expenditures Insurance 259,000 221,900 221,990 (90) Telephone 35,000 8,750 8,768 (18) Legal & Professional 162,000 40,500 22,634 17,866 Retiree Benefits 18,000 4,500 4,121 379 Other Expenditures 90,675 22,669 6,430 16,239 Total 564,675 298,319 263,943 34,376 46.74% Engineering Wages 274,910 64,054 59,755 4,299 Benefits 62,633 14,593 16,247 (1,653) Operations 68,800 17,200 15,898 1,302 Maintenance 2,645,542 988,953 939,290 49,663 Total 3,051,885 1,084,801 1,031,190 53,610 33.79% Agriculture Fees Revenue 0 0 0 0 Operations 34,500 8,625 0 8,625 Total 34,500 8,625 0 8,625 0.00% Elgin Manor Revenues (4,793,451) (1,198,363) (1,188,283) (10,080) Wages 4,385,801 1,021,892 1,004,935 16,957 Benefits 1,185,466 276,213 285,254 (9,041) Operations 1,009,930 252,483 100,639 151,844 Total 1,787,746 352,225 202,545 149,680 11.33% Terrace Lodge Revenues (5,396,941 ) (1,349,235) (1,333,919) (15,316) Wages 4,582,460 1,067,713 1,117,412 (49,699) Benefits 1,121,433 261,294 309,996 (48,702) Operations 1,136,675 284,169 164,323 119,846 Total 1,443,627 263,941 257,812 6,129 17.86% Bobier Villa Revenues (3,025,137) (756,284) (755,038) (1,246) Wages 3,103,499 723,115 747,506 (24,391) Benefits 722,396 168,318 186,056 (17,738) Operations 749,653 187,413 99,084 88,330 Total 1,550,411 322,562 277,608 44,955 17.91% Museum Wages 102,025 23,840 27,111 (3,271) Benefits 24,836 5,787 6,142 (355) Operations 25,300 6,325 (4,536) 10,862 Total 152,161 35,952 28,716 7,235 18.87% Library Wages 1,209,766 281,875 289,998 (8,123) Benefits 318,300 74,164 72,837 1,327 Collections 245,000 61,250 80,080 (18,830) Operations 246,247 61,562 24,898 36,664 Total 2,019,313 478,851 467,813 11,038 23.17% Archives Wages 97,316 22,675 29,539 (6,864) Benefits 24,602 5,732 6,811 (1,079) Operations 51,800 12,950 346 12,604 Total 173,718 41,357 36,696 4,661 21.12% Land Division Wages 56,464 13,421 12,082 1,339 Benefits 10,260 2,401 2,726 (325) Operations (63,000) (15,750) (13,996) (1,754) Total 3,724 72 812 (740) 21.80% Emergency Measures Wages 5,460 1,272 1,272 0 Benefits 1,420 331 331 0 Operations 9,000 2,250 1,394 856 Total 15,880 3,853 2,997 856 18.87% Information Technologies Wages 209,365 48,782 48,513 270 Benefits 53,938 12,568 13,148 (581) Operations 317,700 79,425 62,438 16,987 Total 581,003 140,775 124,099 16,676 21.36% Provincial Offences Grant (78,590) (19,648) (28,747) 9,100 Fines Revenues (850,000) (212,500) (249,676) 37,176 Shared Revenues - Municipal 494,799 0 0 0 Wages 159,687 37,207 35,927 1,281 Benefits 38,632 9,001 9,544 (542) Operations 213,175 53,294 16,644 36,649 Total (22,297) (132,645) (216,309) 83,664 970.13% Ambulance Services Province of Ontario (3,551,002) (887,750) (896,627) 8,877 City of Sl. Thomas (1,433,802) (358,451 ) (319,993) (38,458) Contractor Payments 6,940,053 1,735,013 1,642,608 92,405 Wages 70,592 16,448 16,617 (169) Benefits 17,549 4,089 4,483 (394) Operations 35,300 8,825 1,527 7,298 Total 2,078,690 518,174 448,615 69,559 21.58% Collections Revenue (461,175) (115,294) (64,854) (50,440) Shared Revenues - Municipai 262,652 65,663 2 65,661 Wages 0 0 0 0 Benefits 0 0 0 0 Operations 180,475 45,119 2,824 42,295 Total (18,048) (4,512) (62,028) 57,516 343.69% Tourism Grants (82,791 ) (20,698) (6,106) (14,591) Wages 60,281 14,045 12,921 1,124 Benefits 13,680 3,187 1,228 1,959 Operations 119,395 29,849 27,372 2,477 Total 110,565 26,384 35,415 (9,031) 32.03% Economic Development Grants (20,000) (5,000) 0 (5,000) Wages 82,519 19,227 18,023 1,204 Benefits 20,524 4,782 5,873 (1,091) Operations 174,300 43,575 (12,647) 56,222 Total 257,343 62,584 11,249 51,335 4.37% REPORT TO COUNTY COUNCIL FROM: Linda B. Veger, Director of Financial Services DATE: April 18, 2008 SUBJECT: Annual Budgeting - Capital CORPORATE GOAL(S) REFERENCED: To ensure fiscal responsibility and accountability. INTRODUCTION: As has been highlighted by the Engineering Department, capital needs far outpace the annual increase in funds and staff recommends the increases required to address the growing shortfall in the "infrastructure" deficit. Inevitably projects are deferred to the detriment of assets requiring improvements. Given the sheer magnitude of the funding requirements staff are challenged to provide Council with a proposed capital budget that meets the needs of the Corporation yet stays within a reasonable increase over the previous year DISCUSSION: Earlier in 2008, a report was presented outlining the capital projects that were finalized leaving a surplus of $243,940. There are also funds remaining from the West Lome Library fire insurance claim in the amount of $233,171 as well as a small operations surplus of $53,710. In total, these amount to $530,821. In past years a report would be presented suggesting a one-time project for those surplus funds. Staff proposes a new approach to utilizing capital surplus funds as follows: When preparing the capital budgets, each department would be allowed up to a 5% increase over the previous year, i.e. the Homes may be allowed $346,500 in 2009 - a 5% increase over 2008. If there was a project in any department that was deemed necessary and would not fit into the up to 5% increase, those funds could be allocated from the surplus account. As an example, Bobier Villa will require repairs to roofing in a future year at an estimated cost of $300,000. Those funds could be drawn from the surplus account thereby allowing the Villa to continue with other scheduled projects that would not be affected by this large, one-time cost. The surplus account would continue to accrue from year to year and the balance may increase. This will streamline the budgeting process for both staff and Council. Each department will know the allocation well in advance and can plan accordingly. Staff will fine tune the process to ensure it is fair to all departments. CONCLUSION: Staff is proposing a new process for preparing the capital budget for presentation to Council. This process does not address the shortfall in funding roads needs. However, it should streamline the budgeting process for all departments since the estimated allocation for the next year can be calculated as soon as the current year's budget is approved. The surplus account can be utilized to cover one-time projects that cannot be accommodated within the allocation for each department. A capital needs study has been commissioned that will address the shortfall in roads. Until a decision has been made by Council on the recommendations of the capital needs study, staff recommend that the capital budget be increased annually by a minimum of 5%. RECOMMENDATION: THAT each year any surplus realized from the closing of capital projects be set aside to be utilized to fund future, one-time capital projects; and, THAT the capital budget be increased annually by 5%. Respectfully Submitted Approved ~~~pV Linda B. Veger (/ Director of Financial Services Mark . Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Linda B. Veger, Director of Financial Services DATE: April 29, 2008 SUBJECT: Assistance to Municipalities - Assessment Appeals CORPORATE GOAL(S) REFERENCED: To ensure fiscal responsibility and accountability. INTRODUCTION: In June 2007 and again in January 2008 the Township of Southwold approached the County for financial support relating to an assessment appeal on a large industrial property. Council agreed and instructed staff to prepare a guideline relating to future requests of this nature. DISCUSSION: At the lower tier, assessment within the municipality determines the share of taxes each property class generates within the municipality. That assessment determines the starting point of the tax calculation, the residential tax rate. At the county level, assessment from each lower tier is totalled to determine the residential rate for the entire county. A large assessment in one municipality increases the county total thereby generating more tax dollars in one class to the benefit of other classes in all the lower tier municipalities. If a property with a large assessment has a successful appeal and the assessment is lowered considerably or the class changed, the consequences will be felt by all tax payers. There are few properties that could have a significant effect across the county. Those properties are in the commercial, industrial, and large industrial classes. A decline of $15 million of assessment in the large industrial class would shift approximately $250,000 in county taxes to other classes. The following guidelines are suggested to assist in determining whether or not the county should financially assist with assessment appeals: . Assistance for consulting fees relating to assessment appeals on properties in the commercial, industrial, and large industrial classes will be considered. · Assistance will be considered on properties having total annual taxes, before capping, of a minimum of $100,000. Total taxes include county, lower tier, and school board. . Maximum financial assistance per municipality - 50% of the consulting fees up to a maximum of $5,000 per property. CONCLUSION: A number of large properties in the county are appealing their assessments. The lower tier municipalities are attempting to protect their assessment base by utilizing firms that specialize in defending those appeals. The municipalities are now approaching the county for financial assistance. Council may wish to utilize the above guidelines in determining whether or not to provide financiai assistance. RECOMMENDATION: THAT the guidelines as set out in the report titled Assistance to Municipalities - Assessment Appeals from the Director of Financial Services and dated April 29, 2008 be approved; and, THAT the effective date of these guidelines be January 1, 2008. Respectfully Submitted ~'S"bml"IO~_~ Mark G~altJ Chief Administrative Officer $c4c~~/<--/ Linda B. Veger Director of Financial Services REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Manager of Cultural Services Clayton Watters, Director of Engineering Services DATE: May 13, 2008 SUBJECT: Council Pictures Project - status report CORPORATE GOAL'S) REFERENCED: To ensure fiscal responsibility and accountability; To promote cultural services. INTRODUCTION: Council authorized a new display system for County Council photographs in September 2007. This report informs Council that the pictures have been produced and are awaiting installation. This report also outlines options for hanging these pictures in light of the presence of asbestos in the walls adjacent to Council Chambers. DISCUSSION: The re-framing of County Council pictures is now complete and the pictures are ready to be re-hung in the hallway adjacent to the Council Chamber. The total cost of the project was approximately $11 ,500. Staff have informed Engineering Services that a total of 137 framed pictures and textual panels need to be re- hung according to a plan that would see them run along the walls on both sides of the hallway adjacent to the Council Chamber while at the same time ensuring that all existing plaques on these walls remain in a prominent location. Engineering Services staff have since been informed that the plaster in these walls contain traces of asbestos which cannot be disturbed without an abatement or removal process as a result of Ontario regulation 278/05 passed in November 2007. If the walls are to be drilled, one option is to have a certified company hang the pictures during off-hours with equipment that will remove any exposure to contaminants created while this drilling is taking place, the cost for which is estimated to be $24,000. Another option is to remove the plaster in the hallway altogether and replace with drywall, the cost for which is estimated to be $42,000 plus the costs of drywall. The latter option will also cause serious disruptions in the building and result in a considerable delay. Staff have experimented with a third option that is equally, if not more effective that will result in major cost savings. Artist's grade velcro can be placed on the walls and back of the photos to secure the pictures, meaning that no drilling will be required, thereby eliminating the need for an abatement process. The costs for an adequate supply of velcro is estimated to be $300 which means this project will be well within the $15,000 approved back for this project in September 2007. For Council's information, staff have completed an experiment on this option and have found the pictures to be very secure. In fact, the velcro makes it less likely that the pictures can be removed or moved by the public than simply hanging them, an important consideration when court is in session given the traffic in the hallway. CONCLUSION: This report recommends that County Council pictures be hung in the hallways adjacent to Council Chambers using velcro given that this is a much more cost- effective and secure solution in light of confirmation that these walls do contain traces of asbestos. RECOMMENDATION: THAT staff proceed with hanging County Council photographs in the hallways adjacent to Council Chambers using artist's grade velcro strips. 4i~ Brian Masschaele Manager of Cultural Services Approved f Mark G. c Chief Administrative Officer fOr< ~ Clayton W tiers Director of Engineering Services REPORT TO COUNTY COUNCIL FROM: Cathy Bishop, Director of Cultural Services Mike Baker, Curator, Elgin County Museum DATE: May 13, 2008 SUBJECT: Museum Hours of Operation CORPORATE GOAL/S) REFERENCED: To promote cultural services To forge community partnerships INTRODUCTION: Since opening, the Elgin County Museum has maintained public hours every day between Tuesday and Saturday from 10 to 4 pm and until 7 pm on Thursdays. After nearly 18 months of operation less than 10 visitors have come to the museum during the extended Thursday hours of 4 to 7 pm, less than one person per month. Weekly visitation now averages 20 people for the entire week. This report proposes that Thursday evening hours be cancelled and that other options be explored to increase visitation, including Sunday hours during July and August. DISCUSSION: The museum intends to develop closer links with prospective user groups including youth groups who may wish to visit during other operating hours. Rather than allocate one specific time for visits - the original purpose of establishing Thursday evening hours - bookings will be made for times requested by the groups whenever it is most convenient for the group and staff within existing hours. Over the past 6 months, three requests for tours have been accommodated with a total visitation of over 50. It is expected that by allowing groups to book tours, visitation will actually improve while still keeping total exhibit room hours at 30 per week in non-summer months, only a slight reduction from the current number of 33 hours. The museum is also proposing to open Sundays during July and August on a trial basis this year in order to compensate for the slight reduction of exhibit room hours throughout the rest of year. Many of the other museums in Elgin County are open Sundays during the summer and record reasonable numbers of visitors on that day. By opening on Sundays for two months during the summer, the museum will be able to take advantage of an existing market as well as contributing to the range of attractions available to visitors to the County. In 2008, the hours will be staffed by the curator who will compile, through questionnaires and live interaction, a profile of the typical Sunday visitor. Promotional pieces planned for the summer will be amended to include the additional hours. Regardless of the event or time of year, Council can be assured that there will be appropriate staff coverage at no additional cost which will be scheduled well in advance in order to create a balanced work schedule. For council's information this plan has been reviewed and endorsed by the Elgin County Museum Advisory Committee. CONCLUSION: Because visitors have not availed themselves of the extended Thursday hours, other means by which increased visitation can be achieved have been developed. Discontinuing the extended hours in favour of developing links with potential user groups to better understand and serve their needs along with opening Sundays on a trial basis during July and August of this year is proposed. This plan ensures that the museum is open to the public at almost the same number of hours as it is currently while positioning those hours in a much more strategic way to increase visitorship and create opportunities for programming and tours. RECOMMENDATION: THAT the Elgin County Museum's public hours be amended to the following schedule: September to June: Tuesday to Saturday, 10:00 am - 4-00 pm; July and August: Tuesday to Sunday, 10:00 - 4:00 pm. Respectfully Submitted Approved fo 'ssion Cu,~~ Cathy Bish6p Director of Cultural Services Mark G. McDonald Chief Administrative Officer ~ Mike Baker Curator, Elgin County Museum REPORT TO COUNTY COUNCIL FROM: Pat Vandevenne Director of Seniors Services, Bobier Villa DATE: May 14, 2008 SUBJECT: Bobier Villa's Annual Compliance Review CORPORATE GOAL(Sl REFERENCED: 1. To nurture and support dignified long-term care 2. To be recognized as a desired employer 3. To promote Elgin as "The Place to Live" 4. To forge community partnerships 5. To provide innovative and collaborative quality service INTRODUCTION: Each year, all Long Term Care Homes throughout the province participate in an Annual Compliance Review. Bobier Villa participated in the annual review from April 15 to April 17, 2008. DISCUSSION: Carol Alexander, Compliance Advisor from the Minist~ of Health and Long Term Care, arrived unannounced at Bobier Villa on April15t ,2008. Through the next three days, she reviewed the entire operation of the Bobier Villa, using the Long Term Care Standards as her measurement tool. CONCLUSION: Carol Alexander completed her review of Bobier Villa on April 17, 2008. As all staff have a keen interest in the results of the review, Carol did provide an exit meeting. Over twenty-five staff were in attendance. She reported to the team that no unmet standards were found. RECOMMENDATION: THAT the Warden and Council send a letter to the staff of Bobier Villa congratulating them for their efforts on behalf of the residents and County to ensure that Bobier Villa met all the compliance standards; and, THAT the report "Bobier Villa's Compliance Review" dated May 14, 2008 presented by the Director of Seniors Services BN be received and filed. Respectfully Submitted Approved for Submission !2- Lt/Y),,^, '< "GroL<J Pat Vandevenne Director of Seniors Services, Bobier Villa Ma onald Chief Adminls CORRESPONDENCE - Mav 27.2008 Items for Consideration 1. Dianne Wilson, Co-Secretary, Joint Elgin/Central Elgin Accessibility Advisory Committee, supporting the resolution of the City of Port Colborne seeking provincial assistance for the financial burden imposed by O.Reg. 429/07 (Accessibility Standards for Customer Service). (ATTACHED) 2. Norma Schnekenburger, Chair, West Elgin Citizens' Group for Rural Education, regarding their concerns that the Thames Valley District School Board is unfairly targeting rural schools for closure. (ATTACHED) _ ._. ;-<""O;:~"i.'i. f.'."<"-"~W'-'-1l.. R)'iW ,}""\>;' ~\' ': (,", Ii N -z".!/-'-;:;, ~ _ 'i',Kll eo ~J-' " _ ~'t_ ,! -- -Pi.~. ,J... _,,~ h '-1:' \" n:1;:>-'i' ,.,;:J;/ Ii -1 t~,$. "'<i-~.'"''''"'''''' ~. . JOINT ELGIN/CENTRAL ELGIN ACCESSIBILITY ADVISORY COMMITTEE MIW - 7 2008 May 6th, 2008 Sylvia Hofhuis Warden County of Elgin 450 Sunset Drive Sl. Thomas, ON N5R 5V1 -G~t~,:~'~Tf~. , Y~~;;~~~::tP~~~l 1. "'I" ',1,'..,\' ~~ l"~)'\ > t\\ j" ~'ff~ l' p'\ 'v J~UH1\r>},~i}}?~-ftr."~'~j!, l'l' ~ '" Dear Warden Hofhuis: Re: Provincial Funding to Offset Municipal Costs Relating to Compliance with O.Reg. 429/07 Please be advised that the Joint Elgin/Central Elgin Accessibility Advisory Committee (JAAC) discussed the attached correspondence from the City of Port Colborne respecting OReg. 429/07 (Accessibility Standards for Customer Service) at their recent meeting dated Wednesday, April 30th, 2008, The Committee supported the position of the City of Port Colborne and agreed that there is a need for financial assistance from the provincial level so that the financial burden imposed by OReg 429/07 is fairly shared by all the residents of Ontario. The following resolution was passed by the Committee members: THAT: The Joint Elgin/Central Elgin Accessibility Advisory Committee support the correspondence received from The City of Port Colborne seeking Provincial Funding to Offset Municipal Costs Relating to Compliance with OReg 429/07; AND FURTHER THAT: A copy of this resolution be circulated to the respective Councils for the County of Elgin and the Municipality of Central Elgin for their consideration and support. CARRIED, Yours truly, ~:J~~ Dianne Wilson Co-Secretary Joint Elgin/Central Elgin Accessibility Advisory Committee c.c. S, Hofhuis, Mayor, The Municipality of Central Elgin C, Aicken, Co-Secretary, Joint Elgin/Central Elgin Accessibility Advisory Committee (JAAC) Attach. ~ .. .cRl::.. PORT COLBOI\NE CITY OF PORT COLBORNE 66 CHARLOTTE STREET PORT COLBORNE, ON L3K 3C8 March 2711',2008. Municipalities of Ontario Dear Councils: City of Port Colborne Resolution Re Provincial Funding to Offset Municipal Costs Relating to Compliance with O.Reg. 429/07 At its meeting of March 25th, 2008, the Council of the Corporation of the City of Port Colbome resolved as follows: WHEREAS Ontario Regulation 429/07 under the Accessibility for Ontarians with Disabilities Act, 2005 establishes accessibility standards for customer services which apply to every designated public sector organization, including municipalities, and others that provide goods or services to members of the public or other third parties; AND WHEREAS designated public sector organizations, including municipalities, must comply with the accessibility standards established by O.Reg. 429/07 by January 1, 2010; AND WHEREAS, in order to comply with O.Reg. 429/07, public sector organizations, including municipalities must by January 1, 2010 establish policies, practices and procedures governing the provision of their goods or services to persons with disabilities in a manner that respects the dignity and independence of persons with disabilities; enables persons with disabilities to obtain use or benefit from the goods or services; and gives persons with disabilities equal oppOliunity to obtain, use and benefit from the goods or services; AND WHEREAS, in order to comply with O.Reg. 429/07, public sector organizations, including municipalities, must by Janumy I, 20 I 0 prepare document(s) describing such policies, practices and procedures and make available a copy of any such document( s) free of charge; AND WHEREAS, in order to comply with O.Reg. 429/07, public sector organizations, including municipalities, must by January 1, 2010 prepare document(s) that set out the steps to be taken in connection with the tempormy disruption of the provision of goods and services to persons with disabilities and the giving of notice in connection with such disruption of service; AND WHEREAS, in order to comply with O.Reg. 429/07, evelY provider of goods or services, including municipalities, must ensure that every person who deals with members of the public or pmiicipates in developing the provider=s policies, practices and procedures receives training about the provision of its goods or services to persons with disabilities and maintain records of such training and provide such training on an ongoing basis; AND WHEREAS the Council of the City OfPOli Colbome supports the objectives of Ontario Regulation 429/07 and believes that persons with disabilities have a right to equal oppoliunity to attain the same level of performance or to enjoy the same level of benefits and privileges experienced by persons without disabilities; ...2 -2- AND WHEREAS the Council of the City of Port Colborne believes that the requirement that the provisions ofO.Reg. 429/07 be implemented at the municipal rather than provincial level imposes an inequitable per capita financial burden on small municipalities and other public sector organizations; NOW THEREFORE BE IT RESOLVED THAT: 1) The Council of the Corporation of the City of Port Colborne call upon the Association of Municipalities of Ontario to petition for and work with the Province of Ontario on the development and provision of a proper and fair provincial funding mechanism to assist municipalities and other provincially funded public sector organizations in complying with the provisions of O.Reg. 429/07 so that the financial burden imposed by the Regulation is fairly shared by all the residents of Ontario; 2) That all municipalities in Ontario be requested to support this resolution and to advise A.M.O. and their relevant provincial representatives accordingly; 3) That P. Kormos, M.P.P. be so advised. The above noted resolution is being circulated to all municipalities in Ontario and your favourable consideration of Council's request for SUppOlt would be greatly appreciated. Janet Beckett City Clerk. City ofPort Colbome DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily renect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companIes, officers, directors or agents. Telephone: (905) 835-2900 Email: ianbeckett01citv.portcolborne.on.ca Fax: (905) 834-5746 West Elgin Citizens' Group for Rural Education April 16, 2008 Jim McIntyre, Chair Rural Initiatives Committee County of Elgin 450 Sunset Drive St. llhomas, O~ ~5R 5Vl ff~~~ f: ,.'.C"". f tl v~"d;' ~! APR 1 :3 200B C(:iJi';JTV J~l)M~~!~'fHAtiV;~~ St~HVJCE.s Dear Mr. McIntyre, The Citizens' Group for Rural Education is concerned that the administration of TVDSB & the board itself are unfaidy targeting rural schools for closure. An analysis of their statistics of October 2007-08 substantiates that the vacancy rate is much more an urban problem than a rural one. This analysis shows the following: 1. empty spaces: London 7301.86; counties 4306.18; 2. occupancy rate: London 85.47%; counties 93.39%. In addition, recent studies show that by 2018-19 the decline in London will be more than double that of the counties. We are all well aware ofthe catastrophic effects ofthe closure ofa school in a rural community. We hope that Elgin County Council can support us in some tangible way to prevent this. We appreciated the time you devoted to this issue at the meeting of April 4, 2008. Sincerely, ~ ~Olma Schnekenburger, Chair 225521lalbot Line R. R. # 3, Rodney, O~ ~OL 2CO Sustaining COllllllllllities through Comnullli(l'-bIlSed, RUI'I/I Schools CORRESPONDENCE - May 27, 2008 Items for Information (Consent AClenda) 1. Raven & Shaw, Chartered Accountants, with the Auditors' Report for the Elgin St. Thomas Health Unit Financial Statements Year Ended December 31,2007. (ATTACHED) 2. Peter Van Loan, Leader of the Government in the House of Commons and Minister for Democratic Reform, acknowledging Council's support of the Niagara Region's resolution concerning Bill C-22, fair representation in the House of Commons. (ATTACHED) 3. Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence to the Hon. Donna Cansfield, Minister of Natural Resources, concerning a Sparta resident's ongoing concern about erosion along the north shore of Lake Erie. (ATTACHED) 4. Pat Shantz, Administrative Assistant, Office of the Mayor/CAO, City of Stratford, with an invitation to Civic Night on June 26, 2008, for the Stratford Festival performance of "Cabaret". (ATTACHED) ELGIN ST. THOMAS HEALTH UNIT Financial Statements Year Ended December 31, 2007 and Auditors' Report to the Board of Health, Members of Council, Inhabitants and Ratepayers ofthe participating municipalities of the County of Elgin and the City of St. Thomas RAVEN&SHAWLLP Chartered Accountants 204-460 Wellington Street St. Thomas, ON N5R 6H9 Telephone: (519) 631-8250 Telephone: (519) 637-3500 Facsimile: (519) 631-8919 AUDITORS' REPORT To the Board of Health, Members of Council, Inhabitants and Ratepayers of the participating municipalities of the County of Elgin and the City of St. Thomas: We have audited the statement of financial position of the Elgin St. Thomas Health Unit as at December 31, 2007 and the statements of financial activities and cash flows for the year then ended. These financial statements are the responsibility of the Health Unit's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the Elgin St. Thomas Health Unit as at December 31,2007 and the results of its operations and cash flows for the year then ended in accordance with the accounting principles disclosed in note I to the financial statements. k~1/ Chartered Accountants Licensed Public Accountants March 6, 2008 - I - ELGIN ST. THOMAS HEALTH UNIT STATEMENT OF FINANCIAL POSITION DECEMBER 31. 2007 2007 2006 FINANCIAL ASSETS Cash $1,365,519 $1,428,814 Accounts receivable 142,760 33,589 Other assets 15.539 15.130 $1.523.818 $1.477.533 LIABILITIES Accounts payable and accmed liabilities Due to Province of Ontario $ 551,540 598.307 $ 587,025 454.704 1.149.847 1.041.729 FUND BALANCES Reserve - contingencies Surplus 255,316 118.655 232,168 203.636 373.971 435.804 $1.523.818 $1.477.533 Approved by the ~oard: 0 :=:-() (/' .. . . . .~.~~Member ~I ............ ...................................... Member The accompanying notes are an integral part of these financial statements. -2- ELGIN ST. THOMAS HEALTH UNIT STATEMENT OF FINANCIAL ACTIVITIES YEAR ENDED DECEMBER 31. 2007 2007 2006 REVENUES Operating grants Municipal County of Elgin $ 754,879 $1,054,453 City of St. Thomas 524.579 732.756 1,279,458 1,787,209 Province of Ontario (Note 2) 4.963.071 4.666.081 Total operating grants 6.242.529 6.453 .290 Other Rentals 60,525 59,180 Interest 46,921 41,177 Other fees and recoveries 38,853 32,971 West Nile Virus - municipal contributions 21,859 21,053 Clinics 15.320 13.282 Total other revenues 183.478 167.663 TOTAL REVENUES 6,426,007 6,620,953 EXPENDITURES-SCHEDULE 6.307.352 6.417.317 NET REVENUES FOR THE YEAR 118,655 203,636 SURPLUS, BEGINNING OF YEAR 203,636 169,915 TRANSFERS OF SURPLUS (Note 4) (203.636) (169.915) SURPLUS, END OF YEAR $ 118.655 $ 203.636 The accompanying notes are an integral part of these financial statements. - 3 - ELGIN ST. THOMAS HEALTH UNIT STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31. 2007 2007 2006 OPERATING ACTIVITIES Excess of revenues over expenditures $ 118,655 $ 203,636 Change in non-cash operating assets and liabilities: Accounts receivable (109,171 ) 25,300 Other assets (409) (720) Accounts payable and accrued liabilities (35,485) (83,564) Due to Province of Ontario 143.603 328.826 Cash provided by operating activities 117,193 473,478 FINANCING ACTIVITIES Funding returned to municipalities (180.488) (197.499) (DECREASE) INCREASE IN CASH POSITION (63,295) 275,979 CASH POSITION, BEGINNING OF YEAR 1.428.814 1.152.835 CASH POSITION, END OF YEAR $1.365.519 $1.428.814 The accompanying notes are an integral part ofthese financial statements. - 4- ELGIN ST. THOMAS HEALTH UNIT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31. 2007 1. ACCOUNTING POLICIES The financial statements of Elgin St. Thomas Health Unit are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants. The following are the Health Unit's significant accounting policies: Basis of Accounting Revenues are reported on the accrual basis of accounting and are recognized as they are earned and measurable. Expenditures are reported on the accrual basis of accounting except for the treatment of accrued vacation pay and compensating time. Vacation pay and compensating time are recorded when paid, in accordance with the Ontario Ministry accountability guidelines. Other expenditures are recognized as they are incurred and measurable as a result of the receipt of goods and creation of a legal obligation to pay. Capital Assets The historical cost and accumulated amortization of capital assets are not reported in these financial statements in accordance with the Ontario Ministry funding guidelines. Amounts expended to purchase such assets are included in expenditures on the statement of financial activities. 2. PROVINCE OF ONTARIO 2007 2006 Mandatory program and one-time allocations $3,520,423 $2,964,448 Other program funding: Healthy Babies Healthy Children 739,533 740,690 Smoke Free Ontario 336,175 421,900 Infection Control 175,807 176,725 West Nile Virus 65,579 39,097 Healthy at Heart 58,212 71,175 Influenza immunization 29,540 30,660 TB outbreak 20,913 Meningitis 8,618 12,447 HPV 4,751 Early Childhood Development 3.520 208.939 $4.963.071 $4.666.081 - 5 - ELGIN ST. THOMAS HEALTH UNIT . NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31. 2007 3. POST EMPLOYMENT BENEFITS The Health Unit makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which is a multi-employer plan, on behalf of its employees. The plan is a contributory defined benefit plan which specifies the amount ofthe retirement benefit to be received by the employees based on the length of service and rates of pay. The amount contributed to OMERS for 2007 was $250,382 (2006 - $248,056). 4. TRANSFERS OF SURPLUS 2007 2006 Surplus returned to municipalities County of Elgin City of St. Thomas $106,488 $ 91,066 74.000 63.283 180,488 154,349 23.148 15.566 $203.636 $169.915 Transfer to reserve for contingencies The Board of Health approved the creation of a reserve for contingencies to meet unforeseen program or corporate expenditures. The balance of the reserve is not to exceed 5% of the total annual budget. 5. ACCRUED VACATION PAY AND COMPENSATING TIME Employee vacation pay and compensating time, earned during the year but not taken as at December 31,2007, amounts to $38,664. No provision has been made for this liability in the financial statements. 6. LEASE COMMITMENT Elgin St. Thomas Health Unit leases office space under a lease agreement with the County of Elgin. The minimum annual rental under this agreement for the year 2008 is $513,469. -6- ELGIN ST. THOMAS HEALTH UNIT NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31. 2007 7. CASH FLOW FROM THE PROVINCE OF ONTARIO MINISTRIES OF HEALTH AND LONG-TERM CARE, HEALTH PROMOTION AND CHILDREN AND YOUTH SERVICES Elgin St. Thomas Health Unit receives funding from the Province of Ontario Ministries of Health and Long-Term Care, Health Promotion and Children and Youth Services to carry out mandatory and related health programs and services. Cash flow received from those Ministries for the year ended December 31, 2007 is as follows: Ontario Ministrv of Health and Health Children and Long-Term Care Promotion Youth Services Mandatory $2,015,144 $1,805,301 $ Healthy Babies Healthy Children 740,298 Smoke Free Ontario 366,361 Infection Control 188,840 Early Childhood Development 125,000 West Nile Virus 72,807 Healthy at Heart 58,212 Influenza immunization 29,540 TB Outbreak 24,000 Meningitis 8,618 HPV 4.751 $2.343.700 $2.229.874 $865.298 8. FINANCIAL INSTRUMENTS Management estimates that the fair values of all financial assets and liabilities as recorded in the statement of financial position approximate their carrying amounts due to the short-term maturities of these instruments. 9. PUBLIC SECTOR SALARY DISCLOSURE ACT 1996 The Public Sector Salary Disclosure Act, 1996 (the "Act") requires the disclosure of the salaries and benefits of employees in the public sector who are paid a salary of$100,000 or more in a year. The Elgin St. Thomas Health Unit complies with the Act by providing the information to the Ontario Ministry of Municipal Affairs and Housing for disclosure on the public website at www.fin.gov.on.ca - 7 - ELGIN ST. THOMAS HEALTH UNIT SCHEDULE OF EXPENDITURES YEAR ENDED DECEMBER 31. 2007 2007 2006 Salaries and wages Nursing $1,042,980 $ 988,530 Management 764,646 703,692 Inspection and environment 382,202 402,569 Nutrition and health promotion 337,820 353,393 Clerical and support 308,947 272,174 Maintenance and security 39.953 38,616 2.876.548 2,758.974 Fringe benefits Group pension 250,382 248,056 Medical insurance 173,523 157,826 Canada pension plan 132,874 132,013 Employer health tax 72,022 72,329 Employment insurance 63,941 68,822 Long term disability 67,007 62,928 Dental plan 54,748 54,651 Workplace safety insurance 32,426 31,003 Group life insurance 19,041 18,109 Part-time benefits 9,819 14,750 Supplementary unemployment benefits 12,222 11,041 Vision and other 10,864 8,612 Employee assistance program 3,440 3,440 Benefits to other programs (204.742) (222,024) 697.567 661.556 Fees and honoraria Dental fees - CINOT program 139,906 115,845 Labour relations' 39,906 56,454 Audit and legal 23,235 45,769 Dental consultant 24,909 25,664 Medical 12,058 11,486 Board 9,707 6.475 249,721 261.693 Travel 45.138 41.962 - 8- ELGIN ST. THOMAS HEALTH UNIT SCHEDULE OF EXPENDITURES YEAR ENDED DECEMBER 31. 2007 Equipment Program materials and supplies Rent and utility services Building rent Maintenance and supplies Utilities Property taxes and insurance Administrative Public awareness and promotion Professional development Printing and supplies Insurance Telephone Fees and subscriptions Staffrecruument Postage Equipment maintenance and rental Bank charges Courier Total mandatory program expenditures Other program expenditures Healthy Babies Healthy Children Early Childhood Development Smoke Free Ontario Infection Control West Nile Virus Healthy at Heart TB Outbreak TOTAL EXPENDITURES - 9 - 2007 2006 $ 53.388 $ 56.394 126.783 122.872 507,821 498,119 56,717 69,336 50,683 45,922 19.058 19.026 634.279 632.403 24,025 26,577 31,388 33,774 38,462 32,798 27,396 27,443 28,985 26,828 14,563 14,564 10,803 9,843 7,526 8,192 7,562 7,430 6,787 7,593 2.133 1.857 199.630 196.899 4.883.054 4.732.753 739,533 740,800 5,670 212,473 336,725 423,045 175,807 176,725 87,438 60,150 58,212 71,371 20.913 1.424.298 1.684.564 $6.307.352 $6.417.317 Leader of the Government in the House of Commons and Minister for Democratic Reform Leader du gouvernement a la Chambre des communes et ministre de la reforme'X!{jrjjO:Cr,1ll1qjifg Ij'{, p ;e~ ~,'~ ~;"g fr':~j ~nr.: lL:1~ II "\V' tK:.:;" ~L:>> Ottawa. Canada K1A DA6 I;jAY - 5 200B t1GE~ f;:~nVleES Mrs. Sandra J. Heffi'en Manager of Administrative Services County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5VI MAY 05 2008 Dear Mrs. Heffi'en: Thank you for your letter, which was forwarded to me on behalf of the Prime Minister's Office, advising that the Council of the Corporation of the County of Elgin resolved to endorse the resolution of the Regional Municipality of Niagara conceming the Democratic Representation Bill. I would like to address the premises outlined in the resolution for your consideration, which I have also conveyed to the Regional Clerk of the Regional Municipality of Niagara. First, as noted in the first recital, it is tme that fair and equitable representation in the House of Commons was a founding principle of Confederation. The principle enshrined in the Constitution Act, 1867 is that of the "proportionate representation of the provinces." However, as interpreted by the courts and implemented in practice throughout the history of the House of Commons, this principle is not to be equated with pure representation by population. It requires a fair and equitable approach to representation that includes protection for provinces with smaller or relatively declining populations. Indeed, a depatiure from such a balanced approach would require a complex constitutional amendment under our Constitution (i.e., it would require the agreement of at least seven provinces representing 50% ofthe population). Bill C-22 continues to strike a balance by adding seats for faster-growing provinces, such as Ontario, while protecting the seat counts of provinces with relatively declining populations so as to ensure all provinces are fairly represented in the House. Contrary to the second and third recitals of the resolution, seats will not be added in an inequitable manner under Bill C-22 nor will the representation of Ontarians be reduced. In fact, our bill addresses the increasing under-representation of ...12 C dB"'. ana a -2- Ontario under the current law by improving the representation of Ontarians in the House of Commons. Under Bill C-22, Ontario will receive more than twice as . many new seats than it otherwise would in the next readjustment of seats in the House of Commons. Under the existing law, Ontario is forecast to receive only four additional seats in the next redistribution. Under Bill C-22, that would rise to 10 new seats in the next redistribution. As a corollary, by vhiue of the additional seats provided under the bill, following the next readjustment of seats, the average constituency population of an Ontario MP will be reduced by more than 6,000 constituents (from 121,588 under the CUlTent formula to 115,299 under the fomi.ula proposed in Bill C-22), facilitating the ability ofMPs to reach out to their constituents and enhancing the representation of Ontarians in the House of Commons. The Niagara resolution also recognizes that there are constitutionally protected seat guarantees for smaller and slower-growing provinces. However, the purpose of these seat guarantees must be clearly understood. These seat "floors" are not meant only to provide a minimum number of seats below which a province may not fall, but also to ensure all provinces can have an effective voice in the House of Commons considering its share of seats in relation to the total number of House seats. This is the essence of the principle of proportionate representation that is enshrined in our Constitution and reflected in Bill C-22. In summary, the formula proposed in Bill C-22 will provide fair representation for all provinces in the House of Commons and significantly improve the position of Ontario compared to the existing fonnula. For a strong democracy and a strong federation like Canada, the composition of the national legislature must ensure the effective representation of all of the provinces even though they differ significantly in terms of size, geography, history, and population growth. This has been the historical approach to representation in the House of Commons since Confederation. Bill C-22 was introduced in the spirit of that tradition. In short, the Democratic Representation Bill represents a balanced approach and yet also ensures that Ontario continues to have a velY strong voice in the House of Commons, commensurate with its size and population growth. As Minister for Democratic Reform, I appreciate receiving your views as the Govemment moves forward on its commitments for reforming Canada's ...13 - 3 - parliamentary and electoral institutions. Uhank you for your interest in this velY impOliant bill. Yours sincerely, Peter Van Loan c.c. Ms Pam Gilroy, Regional Clerk Regional Municipality of Niagara The Honourable Dalton McGuinty Premier of Ontario ~ ,,,,.,. Ontario Steve Peters, M.P.P. Elgin - Nliddlescx - London ...ftL:"- ",,~.;... ~rt.,," ,,~-:~ ".:-, .,',,-~, ,~._> ,,,.,)) 'I~'~ r' -'~* ",.,,,-.~ 'I' "; "\"~" .<".-ct ~";\i k~, ~~l2;J f~;~~ t~ \f (:t~:: rc,f.i May 2, 2008 /ViA Y .., 6 2008 Honourable Donna Cansfield Minister of Natural Resomces Whitney Block, 6th Floor, Room 6630 99 Wellesley Street West Toronto, ON M7A lW3 iV.,:qntl'A ~,;,t i.,\..,'d,;.~ c- >'; t rF-!I"" ','-":,~ ", '-'\1 -,,, t~~H'Ylll~,\{:,T~ i~~{J\-i:;!Ft!,t1Ihf1~}\fg-~. ~~~:~h~ I./!;::;} Honomable Loyola Hearn Minister of Fisheries and Oceans Parliament Buildings, Wellington Street Ottawa, ON KIA OA6 Dear Ministers: Please find enclosed a letter and a copy of a Globe and Mail story from Mr. John Luttmer, a Sparta area resident who has ongoing concerns about erosion along the nOlth shore of Lake Erie. As you both may be aware, lake shore erosion is a pressing issue in my riding as many constituents who own land along the lakeshore have lost much of their propeliies to the lake over the years. Some landowners have lost half or more of their properties over the past two or three decades and municipal roads near the lakeshore have had to be moved at great expense to municipalities and their ratepayers. In fact, another road is proposed to be moved in the east part of my riding due to lakeshore erosion. Ministers, I would also appreciate your reviewing this matter and responding directly to Mr. Luttmer. As always, thank you in advance for your time and consideration. Sincerely, ~~ Steve Peters, M.P.P. Elgin-Middlesex-London Cc: Mr. John Luttmer, RRI, Spatia, Ontario, NOL 2HO Mr. Joe Preston, M.P. Elgin-Middlesex-London Mr. Mark McDonald, CEO, County of Elgin Co f'16v 7'&> : Cl.I9Y,ov (J}i/'rT"MJ !ft-/lJ<.I.J'" -r,.I ;tS rYL (.>':>/07 I1'ffi 542 Talbot Street, St. Thomas, ON N5P lOf T _ (519) 631-0666 Toll free - 1-800-265-7638 F - (519) 631-9478 TTY - (519) 631-9904 E - speters.mpp.co@libcral.ola.org ,\'ww.stCycpctcrs.com -....-'{y March 26, 2008 IR, I&: iG If: flt'hi: if': - __'>d .. V !.';';J'~,JJ MAR ? II 2008 .._~ -..,~ -.,.. =-=...--- Mr Steve Peters, MPP Elgin.Middlesex .London 542 Talbot St. St. Thomas, ON N5P 1C4 Tel: 519.631.0666 Fax: 519-631.9478 Subject: Shoreline Erosion and Road Closure Dear Mr. Peters, As we have discussed on several occasions in the past this road closing provides a timely opportunity now to implement the erosion control pilot project of which you have spoken of so often. I believe Elgin County can be placed on the environmental, tourism and eco-systems maps once the erosion is brought under control. Here, finally, we can show the constituents of the county and beyond that it's not only about public spending and how to increase it every year but of public saving of tax dollars. (public savings in not relocating the road at a cost of tens of millions and private savings in the prevention of loss of property. In addition, the present tax base for the area would be preserved and enhanced and the possibilities for increased tourism greatly improved). As always your keen interest and input is extremely important to this assessment process and is appreciated. Respectfully Yours, r~~' John Luttmer RR#1 Sparta, ON NOL 2HO Tel: 519.775-2201 COpy PUBLIC PARTICIPATION PROGRAM. COMMENTS Elgin County Road 24 (Dexter. Line) ,Reloclltion Project Municipal Class , Environmental Assessment (Phase 1) ., County of EI!'Iln PUJ:lUC IN~UT AND COMMENTS ARE INVITED for incorporation Into, the planning and design of thiS project. Please contact the undersigned at SpOOt Associates If you require additional information. Comments will be received for this part of the project until FRIDAY, MARCH 28, 2008. John R. SpOOt. P. Eng.. Project Engineer SPRIET ASSOCIATES LONDON LIMITED 155 York Street, I.ondon, Ontario N6A 1A8 PHONE: FAX: E-Mail: 519-6724100 519-433-9351 mail@spriet.on.ca Name: Address: John Luttmor 47359 Dexter line RR#1 Phone: E-mail: Date: Sparta, ON 519-775-2201 Postal Code: ' NOL 2HO n/a March 26, 2008 Comments: PROlECT THE SHORE - SAVE THE ROAD The closing and/or rerouting of Dexter Line in the vicinity of the village of Port Bruce, due to the road's close proximity to the Lake Erie shoreline and the associated ongoing erosion problems, is, in my view, the opportune time to initiate a shoreline protection pilot project. Sanctioned by all three levels of government this project should be as simple as erecting a lateral wave breaker wall consisting of loose rock and other suitable materials sufficient enough to stop wave action from reaching the bluff and creating a beach area as a result. The pilot area in question would include the shoreline from Port Bruce to Barnum's Gully. Once a beach is established, the expertise gained at this shoreline protection project could be extended (marketed) to other shoreline areas throughout the province and beyond. The province of Quebec is seriously looking at its erosion problems on the St Lawrence Seaway and the , Am~ricans,are doing the satlle., Now it's our turn to fix this problem once and for all. J.Luttmer ,.. . . -,-.. .. Cc: Mr. Steve Peters, MPP, Elgin-Middlesex-London Mr. Joe Preston, MP, Elgin-Middlesex-London PLEASE PRINT !II Your comments will be Included In Class EA documentation. . .. j~i~1!J~~~8~ ~~!~~~l~gi~i ilgS:B . .~ ~ 0 I "~l V~ .-' ~ 2 '" , 0.;:J - 0"; '" 1'&1'"il f' I"l-g~ fJ .l: .c~~ "1 S:i 'i 0 +->1je~ ~-aA- g . ~ttIIIIJI~11 . :S!ulgl~ll~ a '0 ~- ~ -- 8 a'a ~i.g,l .g ... u=~ u~ j' ov~~Q ij~m&~v 1'- ~ l! e!!l res ,iU~~J 1i~~1l'gJ g~~j-ai g ~ u. ' . j",g"...i ""~~. ~ ~ d'~ ~Ul ... '. . :" 0." . ~ .pi ~n~~o ~ ~ 10 QO~ i o' 00 j ~,\l.llli1l a c o~~obvl=J .;:JJ' U~lllj ~;lv= f1l 'll~u -....-.;:J' '<I C h:l!l~i~~f:n~<l ~8~Uid~! 1I.ll.... ~ 13 o 1~~~'a'll "6l>..6 nil! !Ii 0 ~ .~, j !t '0 :1 H' 111 :! n~~, >> -~, .I Q) m ,:6 ~,E~ ~J.s.a ij Vl c '. ~ .~,t;. Q) I ;. 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II ~~U,s~~~ ~~lh~ur~g ~lSdhU'h~~ :::t ~ " ~ C .8 :Ii: -a] , ,,~.;; g ~ -i~~~ 1) 1il,s U U ~<3*l:d fii ~:of~~:ll<3 1 0 1@ .g~~~~ lll~ u ~ m ~ o.gl~ ~iiaU'] 5 a'€.:" ~ 3'a..t~ ." ~ td ~~ 1~~,lf~~ ~i}~~1!!I~;I!I~!i~f!tlj :g z rtl ~ 'G <>: --- 5: ~ 0 ~i$~~80 ~o ~ _.Sji_"'CSo!o<u~ 8 _~.~~ 'J! 0- u ~ 5' ~'h~~ ~@~ ~tJ ~ll1 .fJS' ~H ~~<~~~l:; lj.5l lj~ ii'~ :.~ ~ :::! ~ili ~ M"" 08 '''4" City of Stratford - Clerk 519-273-5041 p.1 CITY OF STRA TFORD Office of the Mayor and Chief Administrative Officer 1 Weliington Street, P. O. Box 818 Stratford, Ontario N5A 6W1 519-271-0250 Fax Sheet From: Mayor's Office City of Stratford Date: May 14th, 2008 Number of Pages Including Fax Sheet: 2 Re: Invitation to City of Stratford Civic Night - "Cabaret" June 26th, 2007 Please see the attached invitation to attend our Civic Night on June 26'\ 2008, featuring the Stratford Festival performance of "Cabaret". Kindly pass this invitation along to all staff and municipal officials. Thank you. Pat Shantz Administrative Assistant Office of the Mayor/CAO 519-271-0250, ext. 236 THIS MESSAGE IS ONLY INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY BE PRIVILEGED. This message may contain information that is confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If you are not the intended recipient or their authorized agent, you may not forward or copy or disclose this information and you must delete or destroy tall copies of this message and attachments received. If you received this communication in error, please notify me immediatelv. Rece ived Time May. 15. 2008 1 :46PM No. 0386 15 May 08 12:45p City of Stratford - Clerk 519-273-5041 p.2 Stratford City Council in co-operation with the Stratford Festival of Canada is pleased to invite af{ municipal staff and officials to join us for Civic Night Thursday, June 26th, 2008 "Cabaret" Avon Theatre 99 Downie Street, Stratford Performance: 8:00 p.m. Reception to follow - Chalmers Lounge Once again, the Stratford Festival is providing a generous ticket discount and is offering A+, A and B seating with tickets starting at $55.82. If you would like to attend Civic Night, please reserve your tickets directly with the Festival by contacting the Box Office at 1-800-567-1600. Please advise the representative that you are calling to purchase tickets under the City of Stratford's Civic Night. Your ticket request will be processed and mailed directly to you or heid at the Box Office to be picked up within 30 days of the performance. Additional information on the production and cast is available through the Stratford Festival of Canada website at www.stratfordfestival.ca. If you should have any questions or require additional information, please do not hesitate to contact Pat Shantz at 519-271-0250, ex!. 236. We look forward to seeing you on June 26th! Sincerely, Dan Mathieson, Mayor Rece ived Time May. 15. 2008 1 :46PM No, 0386 Administrative Services Department Administration Building 450 Sunset Drive, SI. Thomas, Ontano, N5R 5V1 Phone: (519) 631-1460 Ex!. 156 Fax: (519) 633-7661 County of Elgin www.elgin-county.on.ca Fax Fax: Phone: Re: Warden Hofhuis and County Councillors Call Group #3 From: Mark G. McDonald mmcdonald@elgln-county.on.ca May 23, 2008 8 including cover sheet To: Additional Items for Council Agenda of May 27,2008 Date: Pages: cc: Comments: Staff Report: (attached) 1) Ambulance & Emergency Management Coordinator, Aylmer Agreement for Services for Terrace Lodge Ambulance Base Correspondence: Items for Information (Consent AClendal- (attached) 1) Peggy Sattler, Chairperson, Thames Valley District School Board, acknowledging Council's support of the Municipality of Central Elgin's request to the Director of Education - TVDSB, to establish an Accommodation Review Committee (ARC) to complete a study of the Westminster Central School and South Dorchester Public School. THE INFORMATION IN THIS FACSIMILE IS FOR THE NAMED RECIPIENT ONLY. IT MAY CONTAIN INFORMATION THAT IS PRMLEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, OR THERE ARE PROBLEMS IN TRANSMISSION, PLEASE NOTIFY US BY TELEPHONE. REPORT TO COUNTY COUNCIL FROM: Larysa Andrusiak, Ambulance & Emergency Management Coordinator DATE: May 22,2008 SUBJECT: Aylmer Agreement for Services for Terrace Lodge Ambulance Base CORPORATE GOAL/S) REFERENCED: 1. To ensure fiscal responsibility and accountability 2. To forge community partnerships 3. To provide innovative and collaborative quality service 4. To recognize and seize opportunities for improvement INTRODUCTION: This report is a request to Council for approval in principle for the Warden and Chief Administrative Officer to sign an Agreement between the County of Elgin, Township of Malahide and the Town of Aylmer for connection to, and provision of, potable water, sewage and storm water services to the County owned Terrace Lodge Ambulance Base which is to be constructed shortly. DISCUSSION I CONCLUSION: The County received a draft of the above Agreement from the Town of Aylmer. County staff have reviewed the Agreement and aside from some minor editorial changes, staff find the Agreement reasonable. The Agreement calls for a one time lump sum payment to the Town of $10,000 in consideration of the Town permitting the connection of the Ambulance Base to Town services. In addition, the County or its contractor shall pay all water, sanitary sewer service, consumption and any other charges applicable to all of the Town's water and sewer customers. The draft Agreement is attached for Council's review. RECOMMENDATION: That the Warden and Chief Administrative Officer be authorized to sign an Agreement between the Corporation of the County of Elgin, the Township of Malahide and the Town of Aylmer to authorize the connection to, and provision of, potable water, sewage and storm water services to the County owned Terrace Lodge Ambulance Base. That the $10,000 lump sum payment be taken from the Ambulance Base Construction budget. Respectfully Submitted d~,- alC~~ Larysa Andrusiak, Ambulance & Emergency Mgt. Coordinator Approved for Submission &,""J Chief Administrative Officer -- ~ 1111' A~ Proud H<=ritage. Bright Future. By-law XX-08 A BYMLaw to authorize the signing of an agreement with the Corporation of the County of Elgin and the Township of Malahide for the provision of water, sewage, and storm water services to the Ambulance Service Depot. THE COUNCIL OF THE CORPORATION OF THE TOWN OF AYLMER HEREBY ENACTS AS FOLLOWS: 1.) That the Mayor and Clerk be authorized to sign an Agreement between The Corporation of the County of Elgin, The Corporation of the Township of Malahide and The Corporation of the Town of Aylmer to authorize the connection to, and provision of, certain potable water, sewage and storm water services to the County owned and operated Ambulance Service Depot located on Talbot Street East in the Township of Malahlde, 2.) That the said Agreement is attached hereto and forms a part of this By-Law as Exhibit oN, 3.) That this By-Law shall come into force and take effect upon the date of its final passing. READ A First and Second time this xxth day of May, 2008. MAYOR CLERK READ A Third time and finally passed this xxth day of May, 2008. MAYOR CLERK Schedule "A" to By-Law No. xx-OB This Agreement made In quadruplicate this xxth day of May, A.D. 200B. BETWEEN: THE CORPORATION OF THE TOWN OF AYLMER Herein referred to as "The Town" and- THE CORPORATION OF THE COUNTY OF ELGIN Herein referred to as "The COUNTY" and- THE CORPORATION OF THE TOWNSHIP OF MALAHIDE Herein referred to as "The TOWNSHIP" Whereas the Town owns certain potable water, sewage and storm water works (the ~Town ServicesD) and the County wishes to access the Town Services for its ambulance facility being constructed on land adjacent to Terrace Lodge located within the Township of Malahide in the County of Elgin and legally described as (the "Property";); AND WHEREAS the County, being the owner and operator of the said Ambulance Service Depot located on the Property is prepared to compensate the Town for the same on the terms set out herein; AND WHEREAS The Township, being the Municipality where the Property is located, is also a party to this Agreement; NOW THEREFORE WITNESSED THAT in consideration of the Town proceeding to supply Town Services to the Property for the benefit of the County, the parties hereto agree as follows: 1. In consideration of the Town permitting the County to connect into the Town Services for the Property, the County shall pay the Town a onetime lump sum in the amount of TEN THOUSAND DOLLARS ($10,000.00) plus any taxes, if applicable. For clarity, the Town shall permit the County to connect into the Town Services solely for the Property and there shall be no extension of the Town Services beyond the Property or for any other building or structure located on the Property other than the buildings approved for the Town Services under this Agreement. 2. All works and costs arising from the Property's connection to the Town Services shall be at the expense of the County. If the County retains the Town to complete some of the work required or contemplated under this Agreement, the County shall also pay to the Town an administration fee often (10%) per cent of the value of the completed work. 3. All plans for servicing, connection details, drawings, engineering plans and other similar materials shall be reviewed and approved in writing by the Town's Engineer or hislher designate prior to the commencement of any such works. All works completed to connect the Town Services to the Property shall be designed for and constructed in accordance with the Town's design standards. All connection points for the Town Services shall be of a design and location acceptable to the Town. 4. The County shall provide a Professional Engineer's Certificate certifying that the Town Services have been installed in accordance with the plans and specifications approved by the Town. 2 5. The County shall be required to provide to the Town a storm water management plan for review and written approval of the Town prior to the supply of any of the Town Services contemplated under this Agreement. 6. Without in any way limiting the work required to install the Town Services at the Property, the potable water servicing works shall include the installation of a water meter and related infrastructure and appurtences, which shall be installed at the expense of the County. 7. With respect to the Town Services delivered to the Property, the County shall pay all water, sanitary sewer service, consumption and any other charges applicable to all of the Town's water and sewer customers. The parties acknowledge that such charges are currently set out in the Town's Water/Sewer Rates Schedule By-Law 38~04 and the said By-Law may be amended from time to time. 8. The County has reviewed and shall adhere to at all times to the conditions and requirements as per the Town's Sewage/Waste Discharge By-Law 36.06 or as amended. 9. The Town or its contractor shall provide for the water meter reading service required for invoicing the water and sanitary service and consumption and the County shall fully co- operate with the Town or its contractor to facilitate all required meter readings. 10. The County shall not construct any additional buildings or expand any existing buildings on the Property without the prior written consent of the Town. The parties acknowledge that any such request to expand the existing buildings or add additional buildings to the Property shall result in a full review of the terms, covenants and provisions of this Agreement. 11. The Town shall have the right, at all times, to inspect and examine the Town Services and the connection points for the Town Services at the Property. The Town shall be entitled to enter the premises located at the Property for the purpose of inspecting any component of the system which is part of the infrastructure for the Town Services. 12. If any payments by the County to the Town for the Town Services are unpaid, the Town shall have the right but not the obligation to suspend the Town Services to the Property in accordance with the Town's policies that apply at that time. If the County fails to comply with any other term, covenant or provision of this Agreement which does not relate to payment, the Town shall have the right to provide written notice to the County of such breach and such notice shall be effective forthwith upon receipt by the County. In the event that the County does not bring itself into compliance with the terms, covenants and provisions of this Agreement within thirty (30) days of receiving such notice, the Town shall have the right to suspend delivery of the Town Services to the Property until such time as the County brings itself into compliance with the terms of this Agreement. In the event that the County does not bring itself into compliance with the terms, covenants and provisions of this Agreement within ninety (90) days of receiving such notice, the Town shall have the right to terminate this Agreement forthwith by delivering written notice of termination to the County. 13. Unless this Agreement is terminated in accordance with Section 12, this Agreement shall terminate on the earlier of: (a) the date the County is no longer the registered and beneficial owner of the Property; (b) the date the Property is no longer used as one of the County's ambulance garages; or (c) the date the buildings currently located on the Property are either demolished or replaced with other facilities. 14. The County shall not transfer or assign its rights under this Agreement without the prior written consent of the Town, which consent may be unreasonably withheld. 15. The parties acknowledge that the decision to enter into this Agreement was made by the Town due to its relationship with the County. The parties acknowledge that the decision to enter into this Agreement by the Town does not in any way imply or prOVide any indication of the Town's intention, consent or willingness to enter into any other arrangement to provide Town Services outside of the Town's boundaries to any other third parties or other properties, whether on the terms set out in this Agreement or on other terms. 3 16. The parties acknowledge and agree this Agreement shall be binding upon the parties hereto and their successors and permitted assigns; 17. The parties hereby agree to take such actions and execute such documents as may be required to register this Agreement on title to the Property. Registration of this Agreement shall be completed at the expense of the County. 18. The parties hereby agree that they shall and will, on the request of the other party, make, do, execute or cause to be made, done or executed all such further and other deeds, acts, things and assurances to ensure the full implementation of this Agreement and to satisfy the intention of the parties as set out in this Agreement. 19. The parties confirm that it is their intention that the Town shall not incur any costs relating to this Agreement or the subject matter hereof. If any such expenses are incurred by the Town, the County shall reimburse the Town for all such expenses. 20. The Township hereby consents to the terms, covenants and provisions of this Agreement. Further, provided that the Township's expenses are paid by the County and without limiting the Township's discretion where it is the approval authority for any application relating to this Agreement, the Township agrees to take such actions, process such applications and execute such documents as may be required to facilitate the work and actions contemplated herein. 21. The County hereby agrees to indemnify and save harmless the Town from any third party claims, demands, losses, liabilities, costs, including reasonable [egal fees and disbursements, damages and any other expenses whatsoever that the Town may incur, sustain or be put to as a result of the Town's decision to enter into this Agreement, save and except any matters that arise as a result of the Town's negligence or misconduct. IN WITNESS WHEREOF the Corporations have hereunto affixed their Corporate Seals duly attested by the hands of their proper signing officers and duly approved by resolution or by- Jaw pursuant to the provisions of the Municipal Act (Ontario), as amended, and amendments thereto. THE CORPORATION OF THE TOWN OF AYLMER MAYOR CLERK We have authority to bind the Corporation. THE CORPORATION OF THE COUNTY OF ELGIN WARDEN CLERK We have authority to bind the Corporation. THE CORPORATION OF THE TOWNSHIP OF MALAHIDE MAYOR CLERK We have authority to bind the Corporation. IM6259.1 4 Bill Tucker, Director of Educ~tion and Secretary / ,:" 2008 May 15 ~f'>"'''''' '''>'... . f11h""'" "i'''''v.. -., f4 ~'~~~~;1~X:~ :f{ fl~'~ ~:,~~: (>'11,\ Mrs. Sandra J. Heffren Manager of Administrative Services County of Elgin 450 Sunset Drive . St. Thomas, Ontario N5R 5V1 MAY" ,> . t: 0,U08 f),{'llff'l'r. \} ",n. '", fl, ./'l <-~ Y, '-f, '- '- _' ,.... ~,~ ,s.r. < ", .tlD~11$JF')"i-~ : - t I;;L(rfl1 It'~'flhjfJJi1ftTl!it:: r~tT 9~ !1.-. is,.. ~~""~I.)I:t.;'1'i.'C.'f? -' -y"" J1!(/1t'4} Dear Mrs. Heffren: RE: ACCOMMODATION REVIEW COMMITTEE FOR WESTMINSTER CENTRAL AND SOUTH DORCHESTER PUB.L1C SCHOOLS This acknowledges receipt of your letter dated 2008 April 23 in which you support the Municipality of Central Elgin's request to establish an Accommodation Review Committee to cOmplete a study of the Westminster. Central and South Dorchester Public Schools. Please be assured that this support and the advice of the Elgin Capital Planning Advisory Committee will indeed be taken into consideration when establishing the Thames Valley District School Board's priorities for Accommodation Review Committees in.its next Accommodation of Pupils Report to the Board. The next Accommodation of Pupils Report is scheduled to be presented to the Board of Trustees in November 2008. SinnelY, .. I -. A-~ kffi ~ PEGGY SATTLER Chairperson PS/sp Thames Valley District School Board Office of the Chairperson 1250 Dundas Street, P.O. Box 5888, london,Onlorio N6A 511 Tel: 519-452-2000 Exl. 20219 Fox: 519-452-2396 websile: www.lvdsb.on.ca A~. Le4'U0t9 ~~