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16 - July 26, 2022 County Council Agenda PackagebV bVmaxa'td TABLE OF CONTENTS Orders —Tuesday, July 26, 2022.............................................................. 2 Elgin County Council Minutes — July 12, 2022............................................. 3 ReportsIndex........................................................................................ 8 Report —Warden's Activity Report (June/July) and COVID-19 Update................................................................................................. 9 Report — Funding Challenge from Town of Aylmer Re: Aylmer-Malahide Museum and Archives— Recommendation from RIPA Committee............................................................................................ 13 Report —Delegation of Authorityto Chief Administrative Officer By- Law..................................................................................................... 21 Report —Wildflower Plot Design and Elgin County Native Species Plantings Guidelines........................................................................................... 27 Report — Investment Policy...................................................................... 35 Report — Council Authorization for Ontario Infrastructure and Lands Corporation (OILC) Submission................................................................................. 42 Report — Revised Condition for Draft Plan Approval of Vacant Land Condominium, Part of Lot 37, East of John Street, Plan 164 (Town of Aylmer); Part of Lot 84, Concession South of Talbot Road (former Townshipof Malahide), Town of Aylmer, County of Elgin Applicant: Mike Pletch / Dillon Consulting Limited Owner: Jacob Hiebert File No.: 34CD-AY2102................................... 84 Report —Centennial Avenue and Elm Line Roundabout Landscaping Options...... 91 Report — Connectivity Advocacy Plan..................................................................................................... 98 Report — EMS Response Bags.................................................................. 115 Report — Fire Training Officer Cost Sharing Agreement............................................................................................ 118 Report — Community Emergency Management Support for Local Municipal Partners................................................................................................ 134 Correspondence — Items for Information...................................................... 148 Correspondence — Response from Elgin OPP.............................................. 149 Closed Session Agenda — July 26, 2022..................................................... 151 By -Law 22-34- Delegation of Authority....................................................... 152 By -Law 22-35 — General Borrowing........................................................... 154 a, PF lE I g bV bVmaxa'td ORDERS OF THE DAY For Tuesday, July 26, 2022, 9:00 A.M. Location: Masonic Centre of Elgin, 42703 Fruit Ridge Line, St. Thomas ON 1St Meeting Called to Order 2°d Adoption of Minutes — July 12, 2022 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move Into "Committee of the Whole Council" 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1. Items for Consideration — none. 2. Items for Information (Consent Agenda) 8th Other Business 1. Statements/Inquiries by Members 2. Notice of Motion 3. Matters of Urgency 9th Closed Meeting Items 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee of the Whole 13th Consideration of By -Laws 14th Adjournment NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting: Accessible formats available upon request. 01 y. Elgin Pragresaive by Na ft a e A110ILI[K01I1LI:WK01001L[dII MINUTES July 12, 2022 Page 1 July 12, 2022 Elgin County Council met this 12th day of July 2022 at the Masonic Centre of Elgin, 42703 Fruit Ridge Line, St. Thomas ON. The meeting was held in a hybrid format with Councillors and staff participating as indicated below. Council Present: Warden Mary French (Masonic Centre) Deputy Warden Tom Marks (Masonic Centre) Councillor Duncan McPhail (Masonic Centre) Councillor Bob Purcell (Masonic Centre) Councillor Grant Jones (Masonic Centre) Councillor Sally Martyn (Virtual) Councillor Dave Mennill (Masonic Centre) Councillor Dominique Giguere (Masonic Centre) Councillor Ed Ketchabaw (Masonic Centre) Staff Present: Julie Gonyou, Chief Administrative Officer (Masonic Centre) Brian Lima, General Manager of Engineering, Planning & Enterprise/Deputy CAO (Masonic Centre) Amy Thomson, Director of Human Resources (Virtual) Stephen Gibson, County Solicitor (Virtual) Nicholas Loeb, Senior Counsel (Virtual) Katherine Thompson, Manager of Administrative Services/Deputy Clerk (Masonic Centre) Carolyn Krahn, Interim Manager of Economic Development and Tourism (Masonic Centre) Delany Leitch, Business Enterprise Facilitator (Masonic Centre) Jenna Fentie, Legislative Services Coordinator (Masonic Centre) 1. CALL TO ORDER The meeting convened at 9:06 a.m. with Warden French in the chair. ADOPTION OF MINUTES Moved by: Councillor Mennill Seconded by: Deputy Warden Marks RESOLVED THAT the minutes of the meeting held on June 28, 2022 be adopted. Motion Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. Moved by: Councillor Purcell Seconded by: Councillor Jones RESOLVED THAT we do now move into Committee of the Whole Council. Motion Carried. Page 2 July 12, 2022 REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Welcome Home Video Campaign — Interim Manager of Economic Development The Interim Manager of Economic Development and Tourism presented county- wide promotional videos that will be used to kick-off a summer -long video campaign to promote Tourism in Elgin County. Moved by: Councillor Jones Seconded by: Councillor Giguere RESOLVED THAT the report titled "Welcome Home Video Campaign" from the Interim Manager of Economic Development & Tourism dated July 4, 2022 be received and filed. Motion Carried. 6.2 Parking By -Law Amendment — Port Stanley — General Manager of Engineering, Planning, & Enterprise/Deputy CAO The General Manager of Engineering, Planning, & Enterprise/Deputy CAO presented the report detailing the request received from the Municipality of Central Elgin regarding the establishment of two (2) hour restricted parking from 10:00 a.m to 5:00 p.m. Friday to Monday each week and along three (3) County roads within the Village of Port Stanley. Moved by: Councillor Mennill Seconded by: Councillor Ketchabaw RESOLVED THAT the report titled "Parking By -Law Amendment — Port Stanley" from the General Manager of Engineering, Planning, & Enterprise/Deputy CAO dated July 12, 2022 be received and filed; and THAT By -Law 20-05 "BEING a Consolidated By -Law for the Regulation of Traffic including Parking on County Roads" be amended to establish two (2) hour limited parking between 10:00 a.m. and 5:00 p.m. on Friday, Saturday, Sunday, and Monday; and within the following road sections: - Bridge Street (CR #4), from the west property limits of Carlow Road to the east limits of Colborne Street, being a distance of 290 metres- - Colborne Street (CR #4), from the south limit of Bridge Street to the north limit of Warren Street, being a distance of 1,140 metres- - Joseph Street (CR #23), from the east limits of Colborne Street to the east limits of East Road, being a distance of 280 metres. Motion Carried. 6.3 Parking By -Law Amendment — Union Road — General Manager of Engineering, Planning, & Enterprise/Deputy CAO The General Manager of Engineering, Planning, & Enterprise/Deputy CAO presented the report detailing the request received from the Township of Southwold regarding the establishment of a restricted parking area on both sides of Union Road and fronting the new Shedden soccer pitches. Moved by: Councillor Jones Seconded by: Councillor Purcell RESOLVED THAT the report titled "Parking By -Law Amendment — Union Road" from the General Manager of Engineering, Planning & Enterprise/Deputy CAO dated July 12, 2022 be received and filed; and Page 3 July 12, 2022 THAT By -Law 20-05 "BEING a Consolidated By -Law for the Regulation of Traffic including Parking on County Roads" be amended to establish a restricted parking area on Union Road as follows: - Union Road (CR #20) from 645m south of Talbot Line to 870m south of Talbot Line, on both the east and west side of Union Road. Motion Carried. 16100101611wore] N0*1100010:110D]a 7.1 Items for Consideration 7.1.1 Letter from the Ontario Ministry of Transportation requesting County Council pass a resolution supporting the removal of the Highway 3 Bypass Designation and confirmation that the County of Elgin, Municipality of Central Elgin, and the City of St. Thomas will plan and construct, as part of their local road network, the transportation improvements that will be needed to address future growth and development in the area. Moved by: Councillor Purcell Seconded by: Deputy Warden Marks RESOLVED THAT the Warden be directed to seek a meeting with the Ontario Minister of Transportation to discuss Elgin County's concerns regarding the Highway 3 Bypass designation; and further THAT the Municipality of Central Elgin be invited to attend should we be successful in securing a meeting with the Minister. - Motion Carried. 7.2 Items for Information None. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. .1:11l►�il��l�[H��►�i6? Moved by: Councillor Ketchabaw Seconded by: Councillor Mennill RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): In -Camera Item #1 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Contract Negotiations Page 4 July 12, 2022 In -Camera Item #2 (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update (walk-on) - Motion Carried. 10. MOTION TO RISE AND REPORT Moved by: Deputy Warden Marks Seconded by: Councillor Giguere RESOLVED THAT we do now rise and report. - Motion Carried. In -Camera Item #1 — Contract Neaotiations Moved by: Councillor Ketchabaw Seconded by: Councillor Jones RESOLVED THAT staff proceed as directed. - Motion Carried. In -Camera Item #2 — Organizational Update Moved by: Councillor Purcell Seconded by: Councillor McPhail RESOLVED THAT the report from the Chief Administrative Officer be received. - Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. - Motion Carried. if0�K0] 06911] :1:7ell 9 [0] 0[0] M:ym 1FATIT&I 12.1 By -Law No. 22-31 —Regulation of Traffic— Parking Amendment To Amend the Schedule to By -Law No. 20-05 BEING a Consolidated By -Law for the Regulation of Traffic including Parking on County Roads and to Repeal By -Law No. 22-23. Moved by: Councillor Martyn Seconded by: Councillor Mennill RESOLVED THAT By -Law No. 22-31 be now read a first, second and third time and finally passed. - Motion Carried. 12.2 By -Law No. 22-32 —Regulation of Traffic— Parking Amendment To Amend the Schedule to By -Law No. 20-05 BEING a Consolidated By -Law for the Regulation of Traffic including Parking on County Roads. I Page 5 July 12, 2022 Moved by: Deputy Warden Marks Seconded by: Councillor Jones RESOLVED THAT By -Law No. 22-32 be now read a first, second and third time and finally passed. Motion Carried. 12.3 By -Law No. 22-33 — Confirming all Actions and Proceedings BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the July 12, 2022 Meeting. Moved by: Councillor Ketchabaw Seconded by: Councillor Giguere RESOLVED THAT By -Law No. 22-33 be now read a first, second and third time and finally passed. - Motion Carried. 14. ADJOURNMENT Moved by: Deputy Warden Marks Seconded by: Councillor Giguere RESOLVED THAT we do now adjourn at 10:13 a.m. to meet again on July 26, 2022 at 9:00 a.m. - Motion Carried. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. REPORTS OF COUNCILAND STAFF July 26, 2022 Council Reports —ATTACHED Warden French - Warden's Activity Report (June/July) and COVID-19 Update Councillor Ketchabaw - Funding Challenge from Town of Aylmer Re: Aylmer-Malahide Museum and Archives — Recommendation from RIPA Committee Staff Reports —ATTACHED Manager of Administrative Services/Deputy Clerk - Restricted Acts of Council During Election Period; Delegation of Authority to Chief Administrative Officer By -Law Manager of Administrative Services/Deputy Clerk - Wildflower Plot Design and Elgin County Native Species Plantings Guidelines Director of Financial Services/Treasurer - Investment Policy Director of Financial Services/Treasurer - Council Authorization for Ontario Infrastructure and Lands Corporation (OILC) Submission General Manager of EPE/Deputy CAO — Revised Condition for Draft Plan Approval of Vacant Land Condominium, Part of Lot 37, East of John Street, Plan 164 (Town of Aylmer); Part of Lot 84, Concession South of Talbot Road (former Township of Malahide), Town of Aylmer, County of Elgin Applicant: Mike Pletch / Dillon Consulting Limited Owner: Jacob Hiebert File No.: 34CD-AY2102 General Manager of EPE/Deputy CAO — Centennial Avenue and Elm Line Roundabout Landscaping Options Chief Administrative Officer — Connectivity Advocacy Plan Chief Administrative Officer - EMS Response Bags Chief Administrative Officer - Fire Training Officer Cost Sharing Agreement Chief Administrative Officer - Community Emergency Management Support for Local Municipal Partners 0 rot!,r ssiv by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Mary French, Warden DATE: July 19, 2022 SUBJECT: Warden's Activity Report (June/July) and COVID-19 Update THAT the report titled "Warden's Activity Report (June/July) and COVID-19 Update" dated July 19, 2022 from Warden French be received and filed. INTRODUCTION: This report provides a high-level summary of the County's response to the pandemic as well as a list of events and meetings I attended and organized on behalf of County Council. DISCUSSION: COVID-19 Update On July 13, 2022, the province announced that individuals between the ages of 18 and 59 are now eligible for their second booster (or 4th doses) of the COVID-19 vaccine. For information about when and where these 4th doses will be available in the Southwestern Public Health Region, please visit 2°�„ yfn4 C:III I�" n`! �y. Access to free rapid antigen tests will continue through existing channels that include grocery stores and pharmacies. The full details are included in the Province's media release: Ontarians aged 18+ Eligible for Second Booster Shot � kr i°;.I e k 'f'I o� k� G° II �flews G�pIIa II4�a r IR.I�" "ay`'��" 1 Q.�)�> `y..,f)1llayu`la 11 nf �ll� ... Over the past few weeks, cases of COVID-19 in our community and across the Province have risen and it is therefore important that we still take precautions such as masking in high risk settings, frequent hand hygiene, and staying home when we aren't feeling well. The County of Elgin will monitor the COVID-19 situation and follow all Provincial directives as we move into the fall season. 9 2 County Operations County of Elgin operations remain at pre -pandemic levels. The Return of Festivals and Events It has been wonderful to be able to attend more in -person events over the past two months. The festivals and events that make our communities so vibrant have largely returned after a two-year hiatus. With COVID-19 conditions much improved across the province and many people having received multiple doses of the COVID-19 vaccine, the Summer of 2022 has marked a return to a more normal way of life - albeit with cautionary measures still in place. I would like to thank Deputy Warden Tom Marks for stepping in and helping to represent the County of Elgin during this busy time of year. Events/Meetings Attended by Warden: • Edison Fest (June 4) • Elder Abuse Awareness Group Photo and Meeting (June 7) • Community Safety and Wellbeing Committee (June 9) • Ground -breaking ceremony at Aldborough Public School (June 9) • Western Ontario Warden's Caucus (June 10) • Shedden Rhubarb Festival (June 11) • SCOR EDC (June 16) • Budget Committee Meeting (June 24) • Rural Initiatives and Planning Advisory Committee Meeting (June 24) • St. Thomas Airfest Gala — Deputy Warden Marks (June 24) • Highwheel Way Cycling Route and Mural Launch — Deputy Warden Marks (June 28) • Elgin County Women's Institute Anniversary Team — Deputy Warden Marks (June 29) • Canada Day in Southwold — Deputy Warden Marks (June 30) • Canada Day in West Elgin — Deputy Warden Marks (July 1) • Canada Day in Dutton — Deputy Warden Marks (July 1) • Elgin Manor visit with CAO (July 11) • Budget Committee Meeting (July 12) • Rural Initiatives and Planning Advisory Committee Meeting (July 12) • Wallacetown Women's Institute 110th Anniversary event (July 12) • Mental Health Forum (July 13) • Seniors Picnic in the Park — Deputy Warden Marks (July 13) • Bobier Villa visit with CAO (July 14) • Amazon Site Visit (July 20) • Meeting with MPP Rob Flack (Scheduled for July 27) • SCOR EDC (Scheduled for July 28) 10 3 FINANCIAL IMPLICATIONS: The financial impact of COVID-19 and the County's response efforts are reported to Council on a monthly basis. There are no other financial implications to report at this time. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Additional Comments: Elgin County Council's response efforts and the continuity of essential projects and services align with Elgin County Council's Strategic Plan 2020- 2022. LOCAL MUNICIPAL PARTNER IMPACT: Elgin County continues to work with and find ways to collaborate with Elgin's municipal partners. COMMUNICATION REQUIREMENTS: A brief synopsis will be included in the Council Highlights document that is posted to the website and distributed to local Councils. CONCLUSION: It has been wonderful to be able to connect with so many Elgin County residents over the past few months. I look forward to connecting with many more over the next several months as this term of Council comes to an end. 11 is Respectfully Submitted Warden Mary French `m REPORT TO COUNTY COUNCIL FROM: Councillor Ketchabaw, Chair of Rural Initiatives and Planning Advisory Committee � m/ DATE: July 15, 2022 SUBJECT: Funding Challenge from Town of Aylmer Progressive Re: Aylmer-Malahide Museum and Archives — Recommendation from RIPA Committee RECOMMENDATIONS: THAT the report titled "Funding Challenge from the Town of Aylmer Re: Aylmer- Malahide Museum and Archives — Recommendation from RIPA Committee" dated July 15, 2022 from Councillor Ketchabaw, Chair of the Rural Initiatives and Planning Advisory Committee be received and filed; and THAT County Council consider the recommendation from the Rural Initiatives and Planning Advisory Committee that Council provide a one-time donation of $10,000 to the Aylmer-Malahide Museum and Archives capital campaign. INTRODUCTION: At the May 24, 2022 County Council meeting, the Town of Aylmer sent correspondence challenging the County of Elgin to provide a donation to the Aylmer-Malahide Museum and Archives (AMMA) capital campaign. County Council referred this funding request to the Rural Initiatives and Planning Advisory Committee (RIPA) for consideration under the Community Grant Program. On July 12, 2022 the RIPA Committee considered this request and determined that although the request does not meet the criteria of the Community Grant Program (CGP) and the program is fully subscribed for 2022, Council should consider providing a one-time donation of $10,000 to the Aylmer-Malahide Museum and Archives for their capital campaign outside of the CGP. Note: Council also recently received a request to fund this campaign directly from the Aylmer-Malahide Museum and Archives. This request and associated information is attached to this report. BACKGROUND: In April 2022, the Aylmer-Malahide Museum and Archives (AMMA) announced their purchase of 75 Talbot Street East in Aylmer to house the museum and its collection. The AMMA will dispose of their current location at 14 East Street in Aylmer and utilize 13 Is of this sale to contribute to the purchase of the new location. The building t Street East will need to be renovated in order to fully prepare the building for use as a museum space. AMMA is currently engaged in a capital campaign to raise funds to go towards the balance of the purchase cost of 75 Talbot Street East as well as the abovementioned renovations. The Town of Aylmer has committed in principle to a capital contribution of at least $150,000 towards the new 75 Talbot Street East facility. In addition to this contribution, the Town of Aylmer has committed to match capital fundraising contributions made by the Township of Malahide and the County of Elgin. Grants from Council are handled through the Community Grant Program (CGP) which is administered through the RIPA Committee. At its July 12, 2022 meeting, RIPA considered the funding challenge from the Town of Aylmer. It was determined that because the Aylmer-Malahide Museum and Archives is undertaking a capital campaign, the costs associated with the renovations are ineligible under the CGP criteria which specifically indicate capital costs cannot be funded. Additionally, the CGP funds ($69,498) have been fully allocated for 2022. Given that any additional funds would need to be approved at the Council level, the Committee decided to refer this request back to County Council with the recommendation that Council consider a one-time donation (outside of the CGP) of $10,000 towards the Aylmer-Malahide Museum and Archives Capital Campaign. FINANCIAL CONSIDERATIONS: Community Grant Program funding for 2022 is currently fully allocated. Should Council decide to fund a donation to the Aylmer-Malahide Museum and Archives capital campaign,$10,000 in additional funds would need to be approved. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. 2 `E1 3 COMMUNICATION REQUIREMENTS: Council's decision regarding funding for the Aylmer-Malahide Museum and Archives Capital Campaign will be communicated to the Town of Aylmer, the Aylmer-Malahide Museum and Archives and the RIPA Committee. CONCLUSION: The Town of Aylmer has issued a funding challenge to the County of Elgin indicating it will match any donation that the County of Elgin makes towards the Aylmer-Malahide Museum and Archives capital campaign. The Aylmer-Malahide Museum and Archives have also reached out requesting funding for this campaign. County Council referred this funding challenge to the RIPA Committee for consideration. After consideration, the RIPA Committee is recommending that Council provide a one-time donation of $10,000 to the Aylmer-Malahide Museum and Archives for its capital campaign. All of which is Respectfully Submitted Councillor Ed Ketchabaw Chair of Rural Initiatives and Planning Advisory Committee 15 AMMA County of Elgin 450 Sunset Dr. St. Thomas, ON N5R 5X7 The Aylmer-Malahide Museum and Archives 14 East St., Aylmer, ON. NSH IW2 (519) 773-9723 aylmermuseum.ca mfo@aylmermuseum.ca To the honourable Warden Mary French and Councillors of Elgin County, We hope this letter finds you well! We are writing to you today to inform you of the capital campaign we are launching for the renovations of our new building located at 75 Talbot Street East in Aylmer. This is an ambitious project and we hope that we can count on your support. Enclosed is a letter which outlines our project and financial goals. Please let us know if you have any questions or if you would like to meet to discuss this request further. Thank you for your time and consideration, Kathi Vandermeer Building Committee Representative Aylmer-Malahide Museum & Archives officemanager@aylmermuseum.ca (519) 773-9723 14 East St., Aylmer, ON N5H IW2 16 Help us to create an exciting and informative space for our community. RENOVATIONS WILL INCLUDE: • Restoring the original 1909 fagade • Ensuring the building meets all accessibility standards • Creating exhibit and educational programming spaces for the community • Creating safe storage spaces for our collection and archives • The creation of a gift shop area which highlights local products THE NEW BUILDING WILL INCLUDE: • Three permanent exhibit galleries • One main exhibit gallerywith rotating exhibits • A community room for meetings, AM MA has been a repository for the citizens of these communities to entrust their artifacts, photographs, and stories. These have been diligently catalogued, preserved, exhibited, and made available to the community, researchers, genealogists, and historians. Over the past 45 years, the museum has far exceeded its capacity and has been limited by its present location in how it shares the stories that it holds in trust. We trust you are aware of the important role that museums play in preserving the history of their community. The work of the Aylmer-Malahide Museum & Archives is largely supported by our generous donors and members who contribute to our museum each yea r. Please read the enclosed material to learn more about how you can help us preserve the history of our community. All Donations are welcome! Thank you in advance for your support and generosity! Join us for our new building open house! Have an opportunity to tour the new building and see our plans for the renovations. September 15,2022 from 5 to 8 pm 17 Donation amount enclosed: Name for recognition on Donor Plaque. Please indicate if you would like it to be an "in Memory Of (please print): $10 from your donation will be reserved for the cost of the plaque. The remainder of your donation is eligible for a charitable tax receipt, Tax Receipt to be issued to: Name: Address: City: Province: Postal Code: Please make cheques and drafts payable to: The Aylmer-Malahide Museum & Archives Charitable Tax #866461627RP00I Thankyou again foryour support. You will be invited to a special donor recognition event prior to our grand opening. Please note that designs are in development and subject to change, NO Donation amount enclosed: Name for recognition to be inscribed on the leaf. Please indicate if you would like it to be an "In Memory Of' (please print): Tax Receipt to be issued to: Name: Address: City Postal Code: Province: Please make cheques and drafts payable to: The Aylmer-Malahide Museum & Archives Charitable Tax #866461627RR001 Thankyou again for your support. You will be invited to a special Donor Recognition event prior to our Grand Opening. Please note that designs are in development and subject to change. 19 The [YOUR NAME HERE] Conference and Research Room REPORT TO COUNTY COUNCIL FROM: DATE: Katherine Thompson, Manager, Administrative Services/Deputy Clerk Nicholas Loeb, Senior Counsel Legal Services July 18, 2022 SUBJECT: Restricted Acts of Council During Election Period; Delegation of Authority to Chief Administrative Officer By -Law RECOMMENDATIONS: It is recommended that: The within Report to Council, dated July 18, 2022, and entitled "Restricted Acts of Council During Election Period; Delegation of Authority to Chief Administrative Officer By -Law" be received and filed; 2. County Council approve and authorize the delegation of authority By -Law No. 22- 34, "Being A By -Law to Delegate Authority to the Chief Administrative Officer to Act in the Event that the Council's Actions Become Restricted Under Section 275 of the Municipal Act, 2001". INTRODUCTION: The purpose of this Report to Council is to seek approval and authorization for a by-law that will delegate authority to the Chief Administrative Officer the powers of Council that may be restricted by section 275 of the Municipal Act, 2001, during the election period. The delegation of such authority is conditional on Council's power becoming restricted and is for the purpose of continuing efficient operations of the County during such period. This Report to Council also describes projects anticipated by County Administration to potentially arise during the restricted period. BACKGROUND AND DISCUSSION: Legislation The Municipal Act, 2001 provides that certain acts of Council of an upper tier municipality become restricted on the earliest day that it is known with certainty that a new council will include less than three-quarters of the members of the outgoing council. 21 2 There are two definitive inflection points for this determination. The first is nomination day, which this year is August 19, 2022. On that day, if less than three-quarters of the outgoing council are running for the position of Mayor or Deputy Mayor, where applicable, to Elgin County Council, then on August 20, 2022 the acts of Elgin County Council will become restricted pursuant to section 275 of the Municipal Act, 2001. The second inflection point for determination is the election itself, when it may be determined based on the successful candidates for Mayor or Deputy Mayor, where applicable for Elgin County Council, will result in less than three-quarters of the outgoing council forming part of the new Council. This will restrict the acts of Elgin County Council for the remainder of its term, following the election, until the new term of Council begins. It is also possible that at any time between those two dates a candidate or candidates could exit the election for a variety of reasons, which could then trigger a restricted period. The restrictions are set out in section 275(3) of the Municipal Act, 2001, which states that Council, during the restricted period, cannot take action on the following: a) The appointment or removal from office of any officer of the municipality; b) The hiring or dismissal of any employee of the municipality; c) The disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and d) Making any expenditure or incurring any other liability which exceeds $50, 000. There is an important exception with regard to c) and d) at section 275(4) which is that Council is not restricted from taking action with regard to any disposition or expenditure that was approved in the most recent budget before the beginning of the restricted period. Therefore, Council can continue to make expenditures and incur liability exceeding $50,000 during the restricted period, provided that the expenditure is in the 2022 budget. As a result, expenditures or liabilities that have a value greater than $50,000 but that are within the approved 2022 budget, will continue to come before Council for a decision in the regular and normal course. Where the expenditure exceeds the budgeted amount or is a new budget initiative, section 275(3) applies and Council is restricted from taking action. Section 275(6) of the Municipal Act, 2001 states that nothing in section 275 prevents any person or body exercising any authority that is delegated to the person or body prior to nomination day for the election of the new council. Municipalities in Ontario routinely delegate authority that may become restricted pursuant to section 275 to ensure the efficient, continuing operation of the municipality. 22 3 Delegation to Chief Administrative Officer County Administration has prepared By -Law No. 22-34, Being A By -Law to Delegate Authority to the Chief Administrative Officer to Act in the Event that Council's Actions become Restricted under Section 275 of the Municipal Act, 2001. The purpose of this By -Law is to delegate to the Chief Administrative Officer the powers of Council that will be restricted should section 275 be triggered as described in this Report to Council. The delegation contained in By -Law No. 22-34 is conditional upon section 275 being triggered. The delegation of authority to the Chief Administrative Officer includes the authority to: • Make expenditures and incur liabilities exceeding $50,000 unless approved by Council in its most recent budget; • Be the financial signing authority for expenditures exceeding $50,000 unless approved by Council in its most recent budget; • To award tenders, quotes, request for proposals, consultant proposals or any other contracted service that exceed the budget and approve reallocation of available funds from other projects or reserves to a maximum of 10% of the subject project's budget, and, to be the signing authority for any document necessary to give effect to this authority; • To approve acquisitions of interests in real property and related settlements of compensation; • To approve and be the signing authority for the disposition of any real or personal property of the County that has a value exceeding $50,000 at the time of its disposal • To be the signing authority for documents regarding entering into leases of real property where the County is either a prospective Lessor or Lessee; • To hire or remove any employee or prospective employee from County employment save and except statutory officers of the County; In sum, the delegation of authority to the Chief Administrative Officer will permit the continuing operations of the County in situations where a project exceeds the budgeted amount, where unforeseen circumstances arise, to ensure staffing complements and to finalize known projects that are likely to require action during the potential restricted period. County Administration specifically identifies the following projects as potentially requiring the Chief Administrative Officer to exercise her authority pursuant to the proposed by-law: Library Leases At its meeting of March 8, 2022 Council approved County Administration with moving ahead with negotiations for library leases at a proposed rate per square foot. It is 23 0 anticipated that those leases will be finalized during the fall and may require execution to come into effect for January 1, 2023. Contract Awards The following contract awards are likely to be tendered and potentially awarded for portions of the listed projects during the window where a restricted period may occur. Should any tender, etc., exceed budget, but remain within 10% of the project budget, then the Chief Administrative Officer will exercise discretion in whether to use her delegated authority to make the award: • POA Standby Generator • Philmore Bridge Rehabilitation • Centennial and Elm Roundabout • Integrity Commissioner / Closed Meeting Investigator / Ombudsman • ILS Software Renewal • Consultants or other required services with regard to LTC policy changes required by the amendments to the Long -Term Care Homes Act. Employees The Chief Administrative Officer will fill employee vacancies and otherwise deal with any employee issues necessary to fulfill the County's statutory duties and mandates and/or continue its efficient functioning. The Chief Administrative Officer is restricted from hiring or removing any statutory officer which is limited to only the Chief Administrative Officer, Clerk and Treasurer positions. Chief Administrative Officer's Report Following Restricted Period Following the restricted period the Chief Administrative Officer will bring a report to Council that will identify in each instance that delegated authority was exercised pursuant to the proposed by-law the following information: The project, the nature of delegated authority used, the reason and/or purpose of using the delegated authority and the financial and operational implications of the exercise of authority for information. FINANCIAL IMPLICATIONS: There is no direct financial implication in delegating authority to the Chief Administrative Officer. Where the Chief Administrative Officer exercises the authority delegated in the By -Law for amounts exceeding the 2022 budget or new budget initiatives the financial implications shall be brought forward to Council in the report described in the Discussion section of this Report to Council. 24 5 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ®Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ® Exploring different ways ❑ Fostering a healthy now and in the future. of addressing community environment. need. ® Engaging with our community and other stakeholders. Additional Comments: ❑ Enhancing quality of place. ® Delivering mandated programs and services efficiently and effectively. Legal Services, through Senior Counsel Nicholas Loeb, has had the opportunity to review and have input on this report. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: None CONCLUSION: County Administration recommends that County Council approve and authorize the delegation of authority By -Law No. 22-34, "Being A By -Law to Delegate Authority to the Chief Administrative Officer to Act in the Event that the Council's Actions Become Restricted Under Section 275 of the Municipal Act, 2001. The delegation of authority is conditional on Council's power becoming restricted and is for the purpose of continuing efficient operations of the County during such period. This Report has identified projects anticipated by County Administration to potentially arise PI&I 0 during the restricted period requiring the delegation and indicates that a further report will be brought detailing the exercise of such authority in the future. All of which is Respectfully Submitted Katherine Thompson Manager, Administrative Services Nicholas Loeb Senior Counsel, Legal Services Approved for Submission Julie Gonyou Chief Administrative Officer 26 REPORT TO COUNTY COUNCIL FROM: Katherine Thompson, Manager of daw Administrative Services/Deputy Clerk �lll��uimionn x� . DATE: July 19, 2022 Prot!,ressive by Nature SUBJECT: Wildflower Plot Design and Elgin County Native Species Plantings Guidelines RECOMMENDATIONS: THAT the report titled "Wildflower Plot Design and Native Species Plantings Guidelines" from the Manager of Administrative Services/Deputy Clerk, dated July 19, 2022, be received and filed; and THAT County Council approve the design for the Wildflower Plot, as recommended by the Environmental Advisory Committee, and that the repurposing of an existing garden at Elgin Manor begin in the autumn of 2022; and THAT County Council approve the "Elgin County Native Species Plantings Guidelines". INTRODUCTION: At its meeting held on February 8, 2022, Elgin County Council considered and approved the following resolution as recommended by the Environmental Advisory Committee: "RESOLVED THAT the report titled "Environmental Committee Request for Funding" from Councillor Jones, Chair of the Environmental Advisory Committee, dated January 27, 2022, be received and filed; and THAT Elgin County Council support the Environmental Committee's recommendation that a maximum of $5,000 be earmarked in the 2022 budget to be used to develop a 225 square foot wildflower plot at an existing County facility; and THAT Elgin County Council permit the Environmental Advisory Committee to pursue opportunities for grants and funding partners for 2023 projects; and further, THAT Elgin County Council permit the Environmental Committee to develop a policy associated with wildflower plots at County facilities for presentation to County Council at a future meeting." At its meeting in March, the Environmental Advisory Committee provided feedback regarding the wildflower plot to be located at Elgin Manor and also regarding the contents of a guideline for planting native species at Elgin County facilities. Staff 27 2 incorporated Committee feedback into a draft wildflower plot design and draft Elgin County Native Species Planting Guidelines. BACKGROUND: Wildflower Plot Design Facilities staff in consultation with the Director of Homes and Seniors Services determined that the Elgin Manor Long -Term Care Home is the best location for the repurposed 225sq ft. wildflower plot. Repurposing an existing garden at this location with native flower species will not only achieve the Environmental Advisory Committee's goals but would provide enhanced enjoyment for residents of the Home. Based on this recommendation, a design was developed by facilities staff (attached). At the request of the Environmental Advisory Committee Chair, staff circulated this proposed design for Environmental Advisory Committee Member comments. Staff received two comments: 1. A request for milkweed to be incorporated into the design; and, 2. A request that planting of the garden occur in the autumn of 2022 as this is the best time to ensure the survival of these new plantings. Planting this summer may result in a lot of watering which is not ideal for staff time or water resources. Staff have incorporated the addition of Milkweed plants into the design and will schedule the planting of the garden for autumn of 2022. Elain County Native Species Plantings Guidelines Staff circulated the attached draft Elgin County Native Species Plantings Guidelines to the Environmental Advisory Committee for review and received no changes. These guidelines will provide direction to County of Elgin staff and contracted landscapers regarding the use of native species in new and existing landscaped areas/garden plots at County owned facilities. The guidelines provide definitions, scope, and general rules to be considered. The guidelines are designed to encourage the use of as many native species plantings as possible to achieve environmental benefits while remaining flexible for Facilities staff and contracted landscapers to utilize their discretion based on situation/location of proposed garden plots and plantings. FINANCIAL IMPLICATIONS: Council has approved a request from the Environmental Advisory Committee for $5,000 through the 2022 Budget process. The costs associated with the repurposed wildflower 4.11 3 plot will be contained within this $5,000. The approval of guidelines for native species plantings at County facilities will have no financial implications. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ® Fostering a healthy now and in the future. ways of addressing community need. ❑ Engaging with our community and other stakeholders. environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: ❑ Delivering mandated programs and services efficiently and effectively. Facilities and Administrative Services staff will work with the Committee to promote this initiative to the public through educational materials, press releases, and social media post, as deemed necessary. CONCLUSION: Elgin County Council has approved the Environmental Advisory Committee's request for $5,000 in funding to repurpose an existing garden at a County facility as a wildflower plot. The proposed design of this wildflower plot is included in this report for Council's consideration. Council is also asked to consider approval of Elgin County Native Species Plantings Guidelines that will be utilized by County Facilities staff and contracted landscapers when installing new garden plots or replacing existing plants at Elgin County facilities. 29 t-%ii ui vvi iiu l is Respectfully Submitted Katherine Thompson, Manager of Administrative Services/Deputy Clerk All of which is Respectfully Submitted Julie Gonyou, Chief Administrative Officer 0 CII �r a rr� � riri� J rrr� O �rrrrrrr/rr� arrrrr � a / rr�r rrrrrr w/a/r WO r �f //"ram /j/ %,. O w ,yrrrr a r� r r�r i�i rirr�ir " r k riiii � rrrrr aall a U a. � a t r Z ! H n M:Jll,lr,wil`ll]l,Illr r N w X W Z W W J Progressive ky Nature Subject: Landscaping at County Facilities — Native Species Plantings Guidelines Date Approved: July 26, 2022 Date Last Revision: N/A 1. Purpose 1.1 These guidelines will provide direction to County of Elgin staff and contracted landscapers regarding the use of native species in new and existing landscaped areas/garden plots at County owned facilities. 2. Scope 2.1 These guidelines relate to plantings at County owned facilities. 3. Definitions 3.1 A Habitat is the combination of land -type, vegetation, and climate conditions that a species needs for food, shelter, and reproduction. 1 3.2 A Native Species is a species that has existed in an area for millennia, and has evolved in the presence of native soils, and climate and in tandem with other native species of plants, animals, fungi and bacteria.Z 3.3 A Native Pollinator is an insect or animal that has evolved in conjunction with native plants. Pollinators transfer pollen in and between flowers while visiting a plant for food. This process is called pollination. Without pollinators, much of the food that humans consume, and the natural habitats they enjoy would not exist. There are more than 700 native 1 https://www.ontario.ca/page/creating-wildlife-habitat z Ontario Invasive Plant Council 32 pollinator species in Canada and these include: butterflies, bees, moths, wasps, flies and some beetles and hummingbirds.' 3.4 A Landscaped Area/Garden Plot means an area of land made attractive and desirable by the use of any or all of the following: grass, trees, shrubs, ornamental plantings, fences, walls and associated earthworks. 4. Background 4.1 The County of Elgin has identified fostering a healthy environment as one of its strategic objectives. 4.2 One of the ways in which the County of Elgin can achieve the aforementioned objective, is the inclusion of native species plants in Elgin County landscaped areas and garden plots. 4.3 The use of native species plants promotes the natural diversity of plant life in the southwestern Ontario region and provides a habitat for a variety of pollinator species including butterflies, bees, moths, and hummingbirds. 4.4 Pollinators pollinate our crops and plants, which in turn increases crop yields, secures the food supply, and increases biodiversity in the natural environment. 5. General Rules 5.1 When a new landscaped area or garden plot is created, all plantings used to satisfy landscaping and landscaped area requirements shall be comprised of at least seventy -percent (70%) native species plants, the remaining thirty (30%) or less of plantings shall be comprised of non-native species plants which are not invasive. s https://www.ontario.ca/page/pollinator-health 33 5.2 Some new landscaped areas/garden plots could have up to one hundred (100%) of surface area dedicated to the planting of native species plants depending on the project type. This would be at the discretion of County Facilities staff. 5.3 Native species plants may be located together in a cluster or dispersed throughout the landscaped area or garden plot. 5.4 Designs for new landscaped areas or garden plots will also consider the addition of features that contribute to pollinator health and habitats, such as water features and shelter/nesting sites for pollinators. The addition of these features will be dependent on size and location of plantings and at the discretion of the County of Elgin Facilities staff. 5.5 As plants need to be replaced in existing landscaped areas or garden plots, all efforts will be made to replace these plants with native species. 34 Flrq*ra:rMve by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Jennifer Ford, Director of Financial Services/Treasurer DATE: July 18, 2022 SUBJECT: Investment Policy THAT the July 18, 2022, report titled "Investment Policy", submitted by the Director of Financial Services/Treasurer, be received; and THAT Council approve the attached Policy entitled "Investment Policy 2022" as reviewed by the Budget Committee on July 12, 2022. INTRODUCTION At the May 24, 2022 meeting of Council, staff brought forward the Annual Investment report for Council's information. At that time, it was noted that the County did not have an Investment Policy to guide the decision making of staff and to ensure the safeguarding of the County's assets as per the following areas of the Municipal Act: • Section 418 of the Municipal Act, 2001 ull�ll:ll�S 11 AAAW Qi iill��u�'ii � II ray all ll��ill: A/�➢ I ir�i " �°�`��:.II °911� ,^ �� • Ontario Regulation 438/97 iG�p� //WW Eligible Investments and Related Financial Agreements, as amended in 2018 and now known as Ontario Regulation 43/18 ai,if) c,,, �/Ins /s , e DISCUSSION: As requested, staff brought forward at the July 12, 2022 meeting of the Budget Committee, a draft investment policy for review and comment. The Policy was recommended to be brought forward to County Council for final approval as presented in Appendix A of this report. 1 W 2 FINANCIAL IMPLICATIONS: The Policy presented ensures that the County remains in compliance with relevant Sections and Regulations as outlined in the Municipal Act by providing the framework for staff to utilize when making investment decisions on behalf of the County. The Investment Policy serves to minimize risk of loss on principle and safeguard County assets in readiness for future use. It is intended that unused funds would create additional revenue when not used. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Additional Comments: Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. As per Section 8(1) of Ontario Regulation 438/97, issued under section 418(6) of the Municipal Act 2001, the Treasurer is required to produce and submit to Council an Annual Investment Report. Kip 3 CONCLUSION: Staff request that the policy reviewed by the Budget Committee on July 12t" now be approved by County Council to ensure compliance with the Municipal Act. All of which is Respectfully Submitted Jennifer Ford Director of Financial Services/Treasurer Approved for Submission Julie Gonyou Chief Administrative Officer 37 U � Ifff gum APPENDIX A Created: June 2022 lnvestrnent Policyrats the County of Elgin Purpose The goal of this investment policy is to establish the guiding principles and define the investment policies for the purpose of investing excess cash that are publicly held funds in order to comply with related statutory requirements. Legislative and inistratie Authorities • Section 418 of the Municipal Act 2001 [ t C......°.i.... J.2, ...............r'n,2 5tB1< 527v��v�o�. ....................................................................................... • Ontario Regulation438/97 .....!.tt,.l :..::.. .:.p.!!.:.!::!..q..:....::..... ...!::.....I. t.!.p.n 9..� 43c�, Eligible Investments and Related Financial Agreements, as amended in 2018 and now known as Ontario Regulation 43/18 lt.:I.`�.::...:..r!t..!::!.q..:.�.a.�.�.�...�.!::.�.i�.�..!..�.�:!..q.!�.�.!::.�c�C��.�.. Guiding (Principles The municipality shall adhere to the following guiding principles when considering, purchase, liquidityand administration of any municipally held investments: a) Adhere to statutoryrequirements b) Preservation of capital c) Preservation of Liquidity in order to meet short term obligations d) Diversification of Portfolio e) Yield Adhere to Statutory Requirements All investment activities will comply with the relevant sections of any applicable legislation and related regulations. (Preservation of Capital Safety of principal is a primary objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio and shall be risk adverse. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating or cash flow requirements and limit temporary borrowing requirements. Furthermore, since all possible cash demands cannot be anticipated, the portfolio shall consist largely of securities with active secondary or resale markets. A portion of the portfolio may also be placed in local government investment pools that offer liquidityfor short-term funds. Diversification The portfolio shall be diversified by asset class, issuer type, credit rating and by term to the extent possible to enable flexibility as need arises, given legal and regulatory constraints. 38 �U � Ifff� gum APPENDIX A Created: June 2022 Expected Yield The municipality shall maximize the net rate of return earned on the investment portfolio, without compromising the other objectives listed previously. Investments are generally limited to relatively low risk securities in anticipation of earning a fair return relative to the assumed risk. The following Chart demonstrates strategies that will be used to guide investment decisions. worlting capital*and current capitai needs are expected to create Cash on Hand High interest a need to. borrow. Low Rusk with Low rate of return < 1 year Saw�ings account High Liquidity but not nil. investment terms, are not achievaWe as per B or C. Mallint.allns access to investment . cash owrerworMng Ilnw+estruwentsthat H ligherReturn opportunities caplitalll needs and MIA provide a with abiillhty to that are cashabllle current capiitalll needs Low Msk with Mg,her rate of B mauintaiin access and provide but provides access to Decreased return than A with t year or greater access to funds Liquidity to cash !if needed !invested funds !in the cashabllle terms that, w iilthiIM days as event the need to do not penalliilze„ needed„ borrow arises., investment Workungcapitai and Lowy Risk wwcith No investments that Higher return opportunities capitai spend needs.are Liquidity. Need we+ruii prov'idea that.are not to borrows short higher rate of +C with no.accessto satislfiedandthere is Iyearorgreater cash invested cashab-0e ©r noexpecited need to no term may arise return than 8� with considered borrow. prate+C$, ca5�habie...te,.rrB15 that "ioclted in" interest income. woWd penalize. t orl i,na c9piitalll is at. Ileast 25 % of Levy„ Prudence Investments shall be made with judgment and care and within current prevailing circumstances which persons of prudence, direction and intelligence exercise in the management of their own affairs. Investments will not be for speculation, butfor investment, considering the probable safety of capital as well as the probable income to be derived. Authorized employees acting in accordance with this policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes. (Delegation of Authority The Treasurer has the overall responsibility for the prudent investment of the municipality's portfolio. Decision making authority for investment transactions may be delegated by the 39 U � Ifff gum APPENDIX A Created: June 2022 municipality directly to an Investment Manager, whose services are obtained through adherence to the policies and procedures as outlined in the County's Procurement Policy, and to the extent that the Treasurer provides that Investment Manager with funds to invest and manage on behalf of the municipality utilizing the guidelines of the Investment Policy. Safekeeping & Custody The Custodian services are to be provided by a designated Custodian. Eligible Investments In accordance with Ontario's Eligible Investments and Related Financial Agreements Regulation, the municipality is not authorized to invest in securities other than those listed in the Regulation. Reporting The Treasurer or designate shall submit an annual investment reportto Council, togetherwith the annual audited municipality financial statements. The investment report should include the following: a) A listing of investment portfolios held atthe end of the reporting period; b) A statement about the performance of the portfolio of investments of the municipality during the period covered by the report; c) A statement by the Treasurer or designate as to whether or not, in his or her opinion, all investments were made in accordance with the investment policies and goals adopted by the municipality; d) A record of the date of each portfolio transaction; e) Such other information that the Council may require or that, in the opinion of the Treasurer or designate, should be included. Performance Benchmarks The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return throughout budgetary and economic cycles that is commensurate with the investment risk constraints and cash flow needs of the municipality. The overall goal of the portfolio is for the average market yields to be higher than the rate given by the municipality's bank for the various bank accounts. Market Value The market value of the portfolio shall be calculated at least annually as at December 31" Signing Authority Transactions related to investments made by the municipality require staff approval by the Treasurer or designate. In the absence of that individual, staff approval may be given by the Deputy Treasurer or the Chief Administrative Officer. Maximum Maturities To the extent possible, the municipality shall attempt to match investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the municipality will not directly 40 U � Ifff gum APPENDIX A Created: June 2022 invest in securities maturing more than five (5) years from the date of purchase. Reserve and Trust funds with longer -term horizons may be invested insecurities exceeding five (5) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of the funds. Responsibilities of Municipal Representatives Chief Administrative Officer (CAO) Obtain adequate insurance coverage to guard against any lossesthat mayoccur due to misappropriation, theft, or other unscrupulous acts of fraud with respect to the municipality's financial assets. Treasurer or designate • May enter into arrangements with Investment Managers who represent approved investment funds if said Investment Manager's services are obtained as outlined in this policy; • Executes and signs documents on behalf of the municipality and performs all other related acts in the day to day operation of the investment and cash management program; and • Develops and maintains all necessary operating procedures for effective control and management of the investment function and reasonable assurance that the municipality's investments are properly managed and adequately protected. Investment Manager • Allocates assets and selects securities or investments within such classes, in accordance with established investment policy; • Provides regular reports (quarterly, at a minimum) to Treasurer or designate that shall be included in the annual reporting, and which includes the performance and risk characteristics of the municipality's Investment Portfolio and meets with the Treasurer, Administration, and / or Council as required; • Recommends changes to established investment policythatare deemed appropriate; • Provides advice and counsel with respectto the Investment Portfolio; and • May also act as Custodian. Custodian • Provides safekeeping of the Investment Assets; • Processes transactions as directed by the municipality and/or authorized Investment Manager • Collects interest, dividends and the proceeds of cash equivalent and fixed income instrument maturities; • Deposits funds and pays expenses as directed by the municipality; • Maintains a record of all transactions; • Provides regular (monthly at a minimum) reports to the municipality; and • Provides the municipality and/or Investment Manager with information required to fulfill their duties. 41 Prarf,�,frresssjw by N'ature, RECOMMENDATION: BEPORT TO COUNTY COUNCIL FROM: Jennifer Ford, Director of Financial Services/Treasurer DATE: July 1811, 2022 SUBJECT: Council Authorization for Ontario Infrastructure and Lands Corporation (OILC) Submission THAT the July 18t", 2022 report titled "Council Authorization for Ontario Infrastructure and Lands Corporation Submission," submitted by the Director of Financial Services/Treasurer, be received by County Council, and THAT the By-law necessary to fulfill the OILC requirements be read and approved by Council, and THAT the Warden, Chief Administrative Officer/Clerk and Director of Finance/Treasurer be authorized to sign the necessary attached documentation, including the finalized version of the Financing agreement, once received, in order to secure financing for the rebuild of the Terrace Lodge Long Term Care Home. INTRODUCTION: The Terrace Lodge Rebuild project costs were previously approved by Council during budget deliberations. The 2021 final approval amount of $35,628,012 remains unchanged in the 2022 Budget as the expected final cost of the project. The County of Elgin's ten-year financial plan proposed that a large portion of the project costs would be funded through the issuance of a debenture with repayment over the period of 25 years in order to match the Ministry of Health's compliance premium funding that will be received. This matching of debt to funding will incur additional interest, however, it will eliminate the need for an immediate spike in the tax rate in order to make larger payments over a short-term period. Currently, the project remains on budget with contingency remaining in the approved budget. DISCUSSION: Staff have investigated and pursued the necessary details related to this type of debt in order to ensure delivery of this project in a timely manner. In consultation with Infrastructure Ontario (IOLC), it was suggested that we begin the application process early in the project life due to the added complexity of the Provincial and Local election periods in 2022. Within the scope of this unusual year, delays would be incurred on loan :y 2 application approvals due to possible "black out" periods when decisions can not be made by IOLC's Board. Once the Provincial election is completed, there is a small window for us to ensure that we have Council sign off and finalize paperwork before the Municipal election begins. The debenture has been structured as a construction loan with the ability to draw down on the upper limit of $27,000,000 over the course of construction as needed. In this scenario, we would be responsible to pay interest on any draw down amounts. The debenture amount would be finalized for the appropriate amount at the end of the project, which is when the payback period would begin on principle. An application was made to Infrastructure Ontario to provide an upper limit of $27,000,000 in debenture financing for the Terrace Lodge Rebuild project as shown in Schedule B of the By -Law in Appendix A. The application, submitted by the Treasurer, has recently received approval subject to the County of Elgin completing the following authorizing documentation (attached for information): The reviewed 10 Borrowing By -Law in DRAFT authorizing project borrowing and applying for a loan — signed, sealed and certified true copy (under seal). (Appendix A) 2. The reviewed 10 Certificate of Treasurer Regarding Litigation — signed, sealed, and certified true copy (under seal). (Appendix B) 3. The Loan Application Signature Page signed and dated by the appropriate individual. (Appendix C) 4. A template of the DRAFT Funding Agreement (Appendix D) OILC will provide a finalized copy of this document for signatures at a later date once OILC receives the approved By -Law and subsequent documents attached. On July 12, 2022, the Budget Committee had an opportunity to preview this information for review and comment. The Budget Committee approved the information to be forwarded to Council pending Elgin Legal Services review of documentation. Staff report that the legal review has now been completed. Clarification was sought regarding the By -Law reference to the Financing Agreement which was received from OILC in a preliminary template format after the Budget Committee meeting (Appendix D). OILC is unlikely to consider any amendments to the terms of the By -Law or Financing Agreement based on our experience and therefore no changes have been made to the wording of the Financing Agreement. Automatic withdrawals of funds made by 10 mitigate risk of default on our side. Specific areas of significance include: 43 3 As a precondition to the purchase of a Debenture by Ontario, Elgin must retain external legal counsel to provide a legal opinion of compliance and satisfaction of preconditions. (Section 7(B)(11) - In the event of delay in the issuance of Debentures the interest rate accruing to advances made will increase from the presumably favourable Advance interest rate to the less favourable Prime Rate. There is no indication that the chargeable interest rate will revert back to the original Advance Interest rate if and when the Debenture is issued and purchased in favour of 10/Ontario. (Section 9(A)) - The Financing Agreement has a five-year term, commencing upon the later of two described dates, although that Term is subject to early termination for specific events of default. Upon early termination for default, all monies shall become due and payable at the option of 10. (Section 12) FINANCIAL IMPLICATIONS: The debenture financing costs over the twenty -five-year term were incorporated into the County of Elgin's ten-year budget process previously presented to Council at their meeting on February 2, 2022. The amounts used at the time of budget was $25M at a rate of 2.87% interest over 25 years. Currently, the twenty -five-year interest rate on 10 Loans has risen to 4.64%. Interest will be adjusted as necessary in the upcoming budget year and when the final debenture value is set at the end of the project. This loan application has secured us the ability to draw down on $27,000,000 which enables us a small amount of flexibility to accommodate unforeseen circumstances. It should be noted that adherence to the current project budget means that we would not have to take out the full amount of the debenture and would be more inline with the 2022 budget presented. The additional funds were added after it was discovered that the final debenture amount could not be increased if the need arose but allows us to maintain the ability to reduce the amount to remain within our original budget. The needs will be assessed and monitored and reported along the lifecycle of the construction project. Currently, the project experiences costs of $1 M to 1.51VI per month. We have provided 10 with the following preliminary timeline related to our expected needs: Burrower Amount Elgiin Cc 27,,0,0101,010101.0101 s expected Jdly 1, 2022 F 23 I- l Q2FY23 1 Q FY23 1 Q4FY23 Q1 FY24 I Q2 FY24 I Q3 FY24 I Q4 FY24 0 This timeline will be adjusted throughout the life of the construction project to minimize cost of interest on preliminary construction borrowings which has a stated rate at 1.81 % on the 10 website. Over the past two years the County has incurred debt for other capital projects which currently sits at approximately $11.5M. The addition of this debenture of $27M will increase the County's debt load to $38.5M. This amount is well within the Annual Repayment Limit recently received by the County in Appendix E. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and services with community need. ® Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Additional Comments: facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: ►= COMMUNICATIONS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. IOLC will be forwarded the necessary approved By -Law and certified documentation upon Council's approval. Staff will ensure Council is updated on the progress of the debenture and will be advised when draw downs are required as is consistent with our Borrowing By -Law. CONCLUSION: Staff now bring forward to Council the final details necessary to complete our approved OILC Loan Application to secure financing with this agency. The finalization of the Loan Application places us in a good position to readily access funds as the need arises within the building period of the Terrace Lodge project. The final Financing Agreement will be 45 5 signed at a later date once the By -Law and supporting documents have been received by OILC. All of which is Respectfully Submitted Approved for Submission Jennifer Ford Julie Gonyou Director of Financial Services/Treasurer Chief Administrative Officer CORPORATION OF THE COUNTY OF ELGIN BY-LAW NUMBER 22-35 A BY-LAW TO AUTHORIZE THE SUBMISSION OF AN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ("OILC") FOR FINANCING OF CERTAIN ONGOING CAPITAL WORK(S) OF CORPORATION OF THE COUNTY OF ELGIN (THE "MUNICIPALITY"); TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH CAPITAL WORK(S); AND TO AUTHORIZE LONG-TERM BORROWING FOR SUCH CAPITAL WORK(S) THROUGH THE ISSUE OF DEBENTURES TO OILC WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the "Act") provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS the Council of the Municipality has passed the by-law(s) enumerated in column (1) of Schedule "A" attached hereto and forming part of this By- law ("Schedule "A") authorizing the capital work(s) described in column (2) of Schedule "A" ("Capital Work(s)") in the amount of the respective estimated expenditure set out in column (3) of Schedule "A" , subject in each case to approval by OILC of the financing for such Capital Work(s) requested by the Municipality in the Application as hereinafter defined; AND WHEREAS before the Council of the Municipality approved the Capital Work(s) in accordance with section 4 of Ontario Regulation 403/02 (the "Regulation"), the Council of the Municipality had its Treasurer calculate an updated limit in respect of its then most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the "Updated Limit"), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) of Schedule "A" (the "Authorized Expenditure" for any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, and determined that the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, did not cause the Municipality to exceed the Updated Limit, and accordingly the approval of the Local Planning Appeal Tribunal pursuant to the Regulation, was not required before any such Capital Work was authorized by the Council of the Municipality; AND WHEREAS subsection 405 (1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, 11VA -2- the municipality is an upper -tier municipality, a lower -tier municipality in a county or a single -tier municipality and it has approved the issue of debentures for the work; AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREAS the Act also provides that a municipality shall authorize long-term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act; AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary and long-term debt financing in order to meet capital expenditures incurred on or after the year that is five years prior to the year of an application in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application in the form provided by OILC; AND WHEREAS the Municipality has completed and submitted or is in the process of submitting an application to OILC, as the case may be (the "Application") to request financing for the Capital Work(s) by way of long-term borrowing through the issue of debentures to OILC and by way of temporary borrowing from OILC pending the issue of such debentures; AND WHEREAS OILC has accepted and has approved or will notify the Municipality only if it accepts and approves the Application, as the case may be; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN ENACTS AS FOLLOWS: The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC for the financing of the Capital Work(s) in the maximum aggregate principal amount of $27,000,000 substantially in the form of Schedule "B" hereto and forming part of this By-law, with such changes thereon as such authorized official may hereafter, approve such execution and delivery to be conclusive evidence of such approval. 2. The Warden and the Treasurer are hereby authorized to negotiate and...... direeiu-t C l enter into, execute and deliver for and on behalf r�t,i,l„A, ire the form as rovided to o m the Municipality a financing agreement, .,,,,,,, , „ ,t,, ,,,,,,,,, the Munici alit on or rior to the date of this B Nav�r a "Financing Agreement") p,,,,,,,,,,,,,,,,,,,,,,,X,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.... ,,,,,,,,,,,,,....,,,,,,,,,,,,,,,,,,,,,,,,,.....,,,,,,,,,X,,,,, „ ( 9 9 ) with OILC that provides for temporary and long-term borrowing from OILC under the authority of this By-law in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. -3- 3. The Warden and the Treasurer are hereby authorized, pending the substantial completion of the Capital Work or of each Capital Work, as the case may be, or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement which Financing Agreement provides that the information contained in the Record, as defined in the Financing Agreement, in respect of such temporary borrowings shall be deemed final, conclusive and binding on the Municipality, and on such other terms and conditions as such authorized officials may agree; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings allocated to the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule "A" in respect of such Capital Work. 4. Subject to the terms and conditions of the Financing Agreement and such other terms and conditions as OILC may otherwise require, the Warden and the Treasurer are hereby authorized to long-term borrow for the Capital Work(s) and to issue debentures to OILC on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree (the "Debentures"); provided that the principal amount of the Debentures issued in respect of the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule "A" in respect of such Capital Work. 5. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay to OILC on account of any unpaid indebtedness of the Municipality to OILC under any outstanding temporary borrowing and/or the Debentures, as the case may be (the "Obligations") and to pay such amounts to OILC from the Consolidated Revenue Fund. 6. For the purposes of meeting the Obligations, the Municipality shall provide for raising in each year as part of the general levy, the amounts of principal and interest payable in each year under any outstanding temporary borrowing and/or any Debenture outstanding pursuant to the Financing Agreement, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by- law of any municipality. 7. (a) The Warden and Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, and to issue the Debentures, one or more of the Chief Administrative Officer/Clerk and the Treasurer are hereby Q authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the Obligations of the Municipality under the Financing Agreement, to request and receive any temporary borrowing and to issue the Debentures, and the Chief Administrative Officer/Clerk is authorized to affix the Municipality's municipal seal to any such documents and papers. (b) The money realized in respect of any temporary borrowing for the Capital Work(s) and the Debentures, including any premium, and any earnings derived from the investment of that money, after providing for the expenses related to any such temporary borrowing and to the issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 8. This By-law takes effect on the day of passing. ENACTED AND PASSED this 20 Mary French Warden, County of Elgin day of , A.D. Julie Gonyou Chief Administrative Officer/Clerk 50 (1) By -Law Number 21-03 as amended by 21-20 Schedule "A" to By -Law Number 22-xx (Ongoing Capital Work(s)) (2) Description of Capital Work Terrace Lodge Rebuild (3) Estimated Expenditure $35, 628, 012 (4) Loan Amount $27, 000, 000 51 Infrastructure Schedule "B" Ontario to By -Law Number 22-XX WelbIllo in Illl oan FA Number 1696 Application for Elgin, Corporation Of The County Of SIT Project 11D 111D Project IMairne 1728 1 Terrace Lodge Rebuild Project Category W()irlk'Tylpe Project IMairne C()iqstiruc,tiloiq/11�uirc,lhase Start C()iqs,tiruc,tiloiq/11�uirc,lhase C()iqFtiructiloiq/11�uirclhase Start I® in d 02/22/2021 04/09/2024 Project Cost 01111-C Loan Amount $35,628,012.00 27,000,000.00 Long -Term Care Facilities Renovation I ')f'Jgrj R("I"')t'llld 02;22;2021 C()iqstiruc,tiloiq/1l�uirc,lhase lErnd C4;C9;2024 Eneirgy Conservation r Project Address it 49462 ':)(A, 1::: 1, Project Address 2 Cilty /Town Av I i i �,,r Province 01 j Postall Code 1 1 ?)A1,',` Description Fhe redevelopment of our existing t . FC facility in Aylmer known as Ferrace Lodge will occur through a three phased approach: Phase 1 is an addition that requires 64 beds to be constructed on or to the building currently existing on the Site and will connect existing North and South residential wings on the 1st and 2nd floors Phase 2 is the renovation within the existing building of 18 beds in the existing north residential wing and complete renovation of the main kitchen; and Phase 3 includes the renovation within the existing building of 18 beds located in the existing south residential wing and the completion (to all applicable standards) of the 18 beds in the north residential wing for a total of 36 beds; Staff will be coordinating the redevelopment within the Home while occupied by residents with the Ministry of Health. Comments and/or Special Requests Project Life Spain (Years) 4C 52 (Project Cost (A) 6 2 CI 2 C,r Otheir IProiiect 1Furndiirna / 1Fiirnarnciirno Q1131: Descriiptiion 'TiIirniIirng Amount Ministry of Health Development Grant Expected $2,924,600.00 Ministry of Health Basic' Transition Support Expected $30,000.00 Ministry of Health Planning Grant Existing $250,000.00 County of Elgin Taxation Expected $5,423,412.00 Otheir (Project II®urndiing/ll®iirnarnasiing 'Total (113) $8,628,012.00 01111_C (Loan Amount (A•••113) �:,2 � COO COO Of Only include Ilorng•••teirirn borrowing in this section. If you anticipate that you will require short•••teirirn fiirnarnciirng during the construction (phase of the project, the information will The gatheired as Ipairt of the 1Fiirnarnciirng Agreement. Required Bate Amount Terra Type Ir�:r,19;2024 �,2�COO COO C,r 25 � Amortizing ILorng•••teirirn 1Borrowing 'Total �,,2 / COO l COO ,r C IHas theire Ibeeirn any new/undisclosed debt acquired since Ilast 11=IR r- Yes P I M o was submitted? (Please describe any ire •••fiirnarnciirng Iplains for any existing "interest only" debt, ilf applicable. In the Ilast 10 years, has the borrow eir ever faiilled to irnalke a loan Ipayrneint or debenture repayment oirn tiirne to any lender, including the 1ProviinciiallGovernment? If yes, Ipllea sax provide details. IPlease indicate the souirce(s) of revenue you Ipllairn to use to irelpay the 01111_C (Loan Taxation 46 C;CI User Fees 2 CC, Service Charges CI CICI Development Charges CI CI 1 Connection (Fees CI CI 1 Repayment Subsidies !; CC, Otheir Total I r;r;,r;r; X 53 Please ensure all required documents are submitted with the signed application. OILC requires originals as noted below to be mailed or couriered. Also, please retain a copy of all documents submitted to OILC for your records. To obtain templates for documents see listed below. • Loan Application Signature Page signed and dated by the appropriate individual (original to be submitted) • Certificate and sealed copy of OILC template By-law authorizing project borrowing and applying for a loan (original with seal) • Certificate of Treasurer Regarding Litigation using the OILC template (original, signed & sealed) • Updated Certified Annual Repayment Limit Calculation (original) F I acknowledge and agree that all of the above referenced documents must be submitted in the form required by OILC and understand that the application will not be processed until such documents have been fully completed and received by Infrastructure Ontario. Please note: 01111-C iretaiins the iriiglht to irequest and irevilew any additional information oir documents at ilts discretion. Confidential Information OILC is an institution to which the Freedom of Information and Protection of Privacy Act (Ontario) applies. Information and supporting documents submitted by the Borrower to process the loan application will be kept secure and confidential, subject to any applicable laws or rules of a court or tribunal having jurisdiction. 54 APPENDIX B CERTIFICATE OF TREASURER REGARDING LITIGATION (TEMPORARY BORROWING) IN THE MATTER OF an application of the Corporation of the County of Elgin (the "Municipality") No. 22-XX (the "Application") to Ontario Infrastructure and Lands Corporation ("OILC") for temporary and long term project financing in the maximum aggregate principal amount of $27,000,000 in respect of the capital work(s) more particularly described in the Application (individually a "Capital Work" and collectively the "Capital Works") TO: OI LC This Certificate is delivered as an attachment to the Application under paragraph H of the Application. I, Jennifer Ford, the Treasurer of the Municipality, certify for and on behalf of the Municipality as follows: 1. Except as summarized in Exhibit "A" hereto, there is no litigation or judicial or administrative proceeding of any kind now existing, pending or threatened that in any way seeks to restrain, enjoin, delay or otherwise adversely affect the commencement or completion of [any of] [the] Capital Works[s] or that would adversely affect or substantially impair the Municipality's ability to meet its debt obligations as they generally come due or that in any manner questions the proceedings and authority under which the Capital Work[s] or the borrowings applied for in the Application have been or will be authorized, or the capacity of the officers of the Municipality authorized in that behalf thereunder. 2. The Municipality is not now subject to any restructuring order under Part V of the Municipal Act, 2001; accordingly, no approval of the Capital Work[s], the Application or the borrowings applied for in the Application is required to be given by any transition board or commission appointed in respect of the restructuring of the Municipality. DATED July 26, 2022. Jennifer Ford, Treasurer Corporation of the County of Elgin [Affix Municipality's Corporate Seal] 55 EXHIBIT "A" PENDING LITIGATION "NONE" 56 APPENDIX C Q Onta0 rio ................................................................................................................................................................. Application 687 ID: 1►Nkl&l PLOFwaillTel Printed Date: 07/02/2022 Application 03/02/2022 Submit Date: I/We acknowledge that a Loan Application has been submitted to Ontario Infrastructure and Lands Corporation (OILC) containing the following information. Eligible Category Long -Term Care Facilities Name of Elgin, Corporation Of The County Of Borrower: Address: 450 Sunset Drive N5R5V1 ON Loan Amount $27,000,000.00 Total $27,000,000.00 Name of Treasurer's (or equivalent): Telephone Number: ID: The undersigned certifies that he/she has read the OILC loan program guidelines and all information provided to OILC is accurate and complete. The undersigned acknowledges that some information provided may be shared with the line ministries to provide technical expertise to OILC. Applicant agrees to provide OILC with additional information as required in order to process the loan. Treasurer's (or Date: equivalent) Signature: 57 APPENDIX D Document # A1.iii. (DB) Financing Agreement Single -Tier Financing Agreement No. FA No Program Year: Program Year Long and Short Term Sing le -tie r/County/Region's purposes FINANCING AGREEMENT THIS AGREEMENT (the "Agreement"), made in duplicate, dated and effective as of FA Date in Words BETWEEN: ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (hereinafter referred to as "OILC"); /GriT'I [MUNICIPALITY FULL LEGAL NAME OR UPPER -TIER MUNICIPALITY FULL LEGAL NAME] (hereinafter referred to as the "Municipality") WHEREAS: OILC has advised the Municipality that its loan application Number Application ID List, (the "Application"), has been approved; OILC agrees to make financing available to the Municipality up to a maximum aggregate principal amount of $FA Amount in Currency (FA AMOUNT IN WORDS) (the "Committed Amount") for the project(s) listed in the Application and more particularly described in Schedule "A" hereto (each, a "Project"), subject to the terms and conditions set out in this Agreement. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged by the parties, the Municipality and OILC hereby agree as follows: 1. Definitions. In this Agreement: (a) "Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time. (b) "Advance" means the advance of funds on a temporary basis to meet expenditures made in connection with a Project to be financed in whole or in part by the issue of debentures in accordance with this Agreement. (c) "Agreement" means the agreement constituted by this agreement including all schedules attached hereto and referenced documents, as the same may be amended, restated, supplemented, replaced, otherwise modified or terminated from time to time. Terms such as "hereof', "herein" and "hereto" refer to this Agreement. m (d) "Business Day" means a day, other than Saturday or Sunday, on which banking institutions in Toronto, Ontario, Canada and the Municipality are not authorized or obligated by law or executive order to be closed. (e) "Committed Amount" has the meaning given to it in the second recital hereof; and when used in reference to a particular Project, "Committed Amount" means the portion of the Committed Amount allocated to such Project in Schedule "A" hereto. (f) "Debenture" means any debenture issued by the Municipality in accordance with this Agreement. (g) "Debenture Project" means the Project designated in writing to OILC pursuant to paragraph 10(d) hereof as the Project to be long-term financed pursuant to the relevant Debenture. (h) "Interest Period" for an Advance means: (i) initially, the period from and including the date of the Advance to but not including the next following "Reset Date" (as defined in paragraph 8(a) hereof); and (ii) subsequently, each period from and including a Reset Date to but not including the next following Reset Date. (i) "Issue Date" for a Debenture means the date on which the Debenture is issued. 0) "Maturity Date" has the meaning given to it in paragraph 10(a) hereof. (k) "Make -Whole Amount" means the amount determined by OILC as of the date of prepayment of the Debenture, by which (i) the present value of the remaining future scheduled payments of principal and interest under the Debenture to be repaid from the prepayment date until maturity of the Debenture discounted at the Ontario Yield exceeds (ii) the principal amount under the Debenture being repaid provided that the Make -Whole Amount shall never be less than zero. (1) "Obligations" means all Advances outstanding from time to time evidenced by the Record pursuant to this Agreement and any unpaid interest thereon. (m) "Ontario Yield" means the yield to maturity on the date of prepayment of the Debenture, assuming semi-annual compounding, which a non -prepayable term loan made by the Province of Ontario would have if advanced on the date of prepayment of the Debenture, assuming the same principal amount as the Debenture and with a maturity date which is the same as the remaining term to maturity of the Debenture to be repaid minus 100 basis points. (n) "Open Data" means data that is required to be released to the public pursuant to the Open Data Directive. (o) "Open Data Directive" means the Ontario government's Management Board of Cabinet's Open Data Directive, dated April, 2016, as amended from time to time. 2 59 (p) "Prime Rate" means, on any day, the annual rate of interest which is the arithmetic mean of the prime rates announced from time to time by the Reference Banks as their reference rates in effect on such day for Canadian dollar commercial loans made in Canada. If fewer than five of the Reference Banks quote a prime rate on such days, the "Prime Rate" shall be the arithmetic mean of the rates quoted by those Reference Banks. (q) "Principal Amount" of an interest -bearing Debenture means the amount stated to be payable by the maturity date of the Debenture, exclusive of any interest. (r) "Record" has the meaning given to it in paragraph 5 hereof. (s) "Reference Banks" means Royal Bank of Canada, Canadian Imperial Bank of Commerce, The Bank of Nova Scotia, Bank of Montreal and The Toronto - Dominion Bank. (t) "Related Advance" means the amount of an Advance designated in writing to OILC pursuant to paragraph 10(d) hereof to be repaid by the proceeds of the relevant Debenture. (u) "Substantial Completion" means the time at which the Project is ready for use or is being used for the purpose intended and is so certified by an architect, engineer or equivalent entity licensed to practice in the Province of Ontario. (v) "Termination Date" has the meaning given to it in paragraph 12 hereof. 2. Representations and Warranties The Municipality represents and warrants to OILC that: (a) the information contained in the Application, to the extent that it relates to the Municipality or the Project(s), is true and correct in all material respects; (b) the financing applied for in the Application relates only to expenditures in respect of the Project(s) that were actually or will be made by the Municipality on or after the year that is five years prior to the year of this Agreement and that will be made prior to the date of any Advance; (c) long-term financing for the Project(s) by way of one or more Debentures to be issued to OILC, short term temporary financing for the Project(s) by way of one or more Advances to the Municipality from time to time, and the entering into of this Agreement have been approved by the Municipality by by-law duly passed by the Council of the Municipality in full compliance with the Act and the regulations made thereunder and more particularly described in Schedule "B" hereto (the "Authorizing By-law"); (d) the principal amount of financing allocated to each Project in the Authorizing By- law does not exceed the expenditures approved by the Municipality in respect of such Project; 3 60 (e) the Municipality is not subject to any restructuring order under Part V of the Act and accordingly, no approval of the Project(s) or the borrowings applied for in the Application is required to be given by any transition board or commission appointed in respect of the restructuring of the Municipality; furthermore, the Municipality undertakes to notify OILC if it becomes subject to any restructuring order under Part V of the Act; and (f) the Municipality is not currently in default under any debentures and undertakes to immediately inform OILC if it is in default under any such financial obligations at any time. 3. Use of Proceeds (a) The Municipality covenants and agrees that: (i) the proceeds of all Advances shall be applied only to capital expenditures actually made by the Municipality in respect of hard and soft capital costs on or after the year that is five years prior to the year of this Agreement so long as such costs are directly related to the Project(s) and not to any other purpose; (ii) the proceeds of each Debenture shall be immediately applied only to the following: (1) repayment of Advances in respect of the Debenture Project(s), as more particularly set out in paragraph 10 below; or (2) capital expenditures in respect of hard and soft capital costs actually made or to be made if OILC in its sole discretion has agreed to purchase a Debenture prior to making any Advance or prior to the expenditure of all or any portion of the Committed Amount on the Project(s), by the Municipality on or after the year that is five years prior to the year of this Agreement so long as such costs are directly related to the Project(s) in respect of which the Debenture is being issued; and (3) legal costs and expenses directly related to the issue of such Debenture; and not to any other purpose. (b) For greater certainty, OILC is not responsible for ensuring that the proceeds of Advances and Debentures are in fact used in the manner specified in paragraph 3(a) above. 4 61 4. Project Expenditure Requirements The Municipality shall not request an Advance in respect of a Project hereunder unless expenditures in an amount no less than the amount of the Advance to be allocated to such Project have actually been made by the Municipality prior to the date of such request, subject to the right of OILC to waive this requirement at its sole discretion. 5. Evidence of Advances — Record Each Advance hereunder, the date or dates it was made, and all other indebtedness, liabilities and obligations of the Municipality to OILC in respect of such Advance and accrued interest thereon, fees in respect thereof and other amounts payable under this Agreement shall be evidenced by entries recorded by OILC in its records which may be kept in electronic form as the term "electronic" is defined in the Electronic Commerce Act, 2000, at the sole discretion of OILC (the "Record"), which Record may include the amounts paid by the Municipality from time to time under this Agreement on account of an Advance, interest and other amounts and the date of each such payment, and each entry recorded by OILC in the Record shall constitute prima facie evidence of the accuracy of the information so recorded. The Municipality acknowledges, confirms and agrees that the information contained in the Record in respect of Advances made hereunder shall be deemed final, conclusive and binding upon the Municipality, absent manifest error; provided, however, that the failure of OILC to make any entry or recording in the Record shall not limit or otherwise affect the Obligations of the Municipality under this Agreement or with respect to any Advance, interest, fees or other amounts owed by the Municipality to OILC under this Agreement. 6. Procedure for Obtaining Advances (a) The Municipality may request an Advance to be paid on either the first (1 st) or the fifteenth (15t") day of any calendar month or the first (1 st) Business Day following such date if such date is not a Business Day (the relevant date is defined as the "Advance Date") by delivering to OILC at the address shown on Schedule "C" hereto no later than five (5) Business Days prior to the Advance Date on which the Advance is required, by courier, email or fax, a certificate of the Treasurer of the Municipality in the form to be provided by OILC in respect of the Advance so requested (a "Treasurer's Certificate"). (b) The principal amount of all Advances shall be delivered to the Municipality by electronic transfer of funds to an account of the Municipality maintained with a deposit -taking institution, such account to be designated by the execution and delivery of a notice in writing to OILC in the applicable form of the attached Schedule "D" to this Agreement and the Municipality undertakes to notify OILC immediately in writing of any changes in its designated account for the purposes of such transfers. 5 62 7. Conditions Precedent to Advances and Debenture Purchases (a) OILC shall not make any Advance until each of the following conditions precedent has been satisfied: (i) OILC has received a Treasurer's Certificate in respect of the Advance requested; (ii) any issues that were raised in any audit conducted under paragraph 16 (a) hereof have been resolved to the satisfaction of OILC in its sole discretion and/or OILC has not required an audit under paragraph 16 (a) hereof or no such audit is ongoing; (iii) the amount of the requested Advance when added to the aggregate amount of all Advances then outstanding in respect of a Project, does not exceed the Committed Amount for that Project; (iv) the representations and warranties of the Municipality set out in paragraph 2 hereof are true and correct as at the date of the Advance, as evidenced by the Treasurer's Certificate; (v) the Municipality is not in material default of any of its obligations under this Agreement as at the date of the Advance, as evidenced by the Treasurer's Certificate; (vi) none of the events specified in paragraph 12(c) hereof have occurred and are continuing; (vii) expenditures on the Project(s) for which the Advance is requested have been made in accordance with paragraph 4 hereof, as evidenced by the Treasurer's Certificate; and (viii) at OILC's sole discretion, an Advance requested when added to the aggregate amount of all Advances then outstanding does not exceed the quarterly advance requests as noted in Schedule "A" hereto. (b) OILC shall not be obligated to purchase any Debenture until each of the following conditions precedent, has been satisfied, in which case OILC may purchase any Debentures in accordance with paragraphs 9 and 10 hereof: (i) OILC has received a Treasurer's Certificate, dated as of the Issue Date ("Debenture Treasurer's Certificate"); (ii) OILC has received a legal opinion from the Municipality's external legal counsel, dated as of the Issue Date, addressed to OILC and in form and substance satisfactory to OILC; (iii) the purchase price for any Debenture, when added to the aggregate principal amount of Debentures then outstanding in respect of a Project, does not exceed the Committed Amount for that Project; 6 63 (iv) the representations and warranties of the Municipality set out in paragraph 2 hereof are true and correct as at the date of the request to purchase a Debenture, as evidenced by the Debenture Treasurer's Certificate; (v) the Municipality is not in material default of any of its obligations under this Agreement as at the Issue Date, as evidenced by the Debenture Treasurer's Certificate; (vi) any issues that were raised in any audit conducted under paragraph 16 (a) hereof have been resolved to the satisfaction of OILC in its sole discretion and/or OILC has not required an audit under paragraph 16 (a) hereof or such audit is not ongoing; (vii) none of the events specified in paragraph 12(c) hereof have occurred and are continuing; and (viii) expenditures on the Project(s) for which the purchase of a Debenture is requested have been made or will be made in an amount that does not exceed the Committed Amount for such Project(s), if OILC, in its sole discretion, has agreed to purchase a Debenture prior to making any Advance or prior to the expenditure of all or any portion of the Committed Amount on the Project(s), as evidenced by the Debenture Treasurer's Certificate. 8. Interest on Advances (a) Each Advance, including the Advance for the initial Interest Period, shall bear interest from and including the date of such Advance to but excluding the date of repayment or satisfaction, at a floating rate per annum as determined by OILC based on OILC's cost of funds plus OILC's prevailing spread assigned to the borrower sector for program delivery costs and risks (the "Advance Interest Rate"). The Advance Interest Rate for an Advance for the initial Interest Period shall be determined on, and shall bear interest from, the date of the Advance to, but not including, the next following Reset Date (as hereafter defined). The Advance Interest Rate for each subsequent Interest Period shall be determined on the first (1st) Business Day of each calendar month (each such Business Day, a "Reset Date") for the following Interest Period and will be effective on the Reset Date, which Advance Interest Rate, as so reset, shall apply to the Advance for such Interest Period until reset again. (b) Interest accrued during an Interest Period on the principal balance of an Advance outstanding during such Interest Period shall be payable in arrears on the first Business Day of the calendar month following the Interest Period in an amount equal to the product of the Advance Interest Rate in effect during such Interest Period and the principal balance of the Advance outstanding as at the Reset Date for such Interest Period, or in the case of an initial Interest Period the principal balance outstanding on the date of the Advance, multiplied by a fraction, the 7 64 numerator of which is the number of days in the Interest Period and the denominator of which is 365 or 366 as appropriate. (c) Payments of interest shall be made by pre -authorized debit from an account of the Municipality maintained with a deposit -taking institution, such account to be designated by the execution and delivery of a notice in writing to OILC in the form of the attached Schedule "D" to this Agreement, together with such other authorizations, voided cheques and other documentation as the deposit -taking institution and the rules of the Canadian Payments Association may require for such pre -authorized debit, and the Municipality undertakes to notify OILC immediately in writing of any changes in its designated account for the purposes of pre -authorized debits. (d) The Municipality shall pay to OILC interest on any overdue amount of principal or interest in respect of any Advance, both before and after demand, default, maturity and judgment, at a rate per annum equal to the Prime Rate plus 200 basis points, calculated on a daily basis from the date such amount becomes overdue for so long as such amount remains overdue, and the Municipality shall pay to OILC any and all costs and losses incurred by OILC as a result of the payment having been overdue. (e) For purposes of disclosure pursuant to the Interest Act (Canada), the yearly rate of interest which is equivalent to a rate of interest payable in respect of the principal amount of any Advance for any period of less than a year may be determined by multiplying the rate of interest for such period by a fraction, the numerator of which is the actual number of days in a year commencing on and including the first day in such period and ending on but excluding the corresponding day in the next calendar year and the denominator of which is the actual number of days in such period. 9. Purchase of Debentures (a) Provided that the Municipality is not in default under this Agreement, that all of the conditions precedent listed in paragraph 7 hereof have been satisfied and that none of the events specified in paragraph 12(c) hereof have occurred and are continuing, and upon satisfaction of such other usual and customary conditions precedent as OILC and its legal counsel may reasonably require, and subject to paragraph 10 hereof, OILC agrees to purchase Debentures from the Municipality on the Issue Date being the first (1 st) or fifteenth (15t") day or the next following Business Day of a calendar month as noted on the attached Schedule "A" or at a time or times to be determined at the sole discretion of OILC, on or prior to the Termination Date provided that the Principal Amount of the Debentures that OILC proposes to purchase, when added to the aggregate Principal Amount of all outstanding Debentures and the aggregate amount of all outstanding Advances, will not exceed the Committed Amount and subject to the detailed Debenture purchase process to be provided to the Municipality. 8 65 (b) Notwithstanding anything in this Agreement, the Municipality hereby irrevocably offers to issue Debentures in the amount of the Obligations that relate to the Debenture Project(s) subject to the terms and conditions as described herein, on or before the earlier of the following two dates: (i) the earliest Maturity Date of the outstanding Advances for the Debenture Project(s) and (ii) a date that is within one hundred and twenty (120) days of Substantial Completion of such Debenture Project(s). OILC's acceptance of this offer will constitute an irrevocable agreement between the Municipality and OILC for the Municipality to issue and offer to sell to OILC such Debentures on the terms and conditions hereof. In the event that the Municipality fails to complete the issuance of Debentures on the terms as described herein on the earlier of the two dates described above in this paragraph 9(b), thereafter the Advance Interest Rate shall increase to the Prime Rate. (c) The purchase price for any Debentures purchased in accordance with paragraph 9(a) above shall be satisfied by virtue of, and to the extent of, the satisfaction of the Obligations in respect of the Related Advances that relate to the Debenture Project(s) effected by such issuance pursuant to paragraph 10(f) hereof. Satisfaction of such purchase price by such means shall be deemed to be equivalent for all purposes, including without limitation the purposes of subsection 413(1) of the Act, to the receipt by the Municipality from OILC of an amount of money equal to the amount of the Obligations so satisfied. If such purchase price exceeds the amount of the Obligations so satisfied, OILC shall pay such excess to the Municipality in immediately available funds upon the issue of the Debentures. (d) If OILC agrees to purchase Debenture(s) from the Municipality prior to making any Advance to the Municipality or prior to the expenditure of all or any portion of the Committed Amount on the Project(s), the Municipality agrees that it will submit to OILC an annual Treasurer's Report, in the form to be provided by OILC, verifying that the proceeds of such Debenture(s) have not been used for any purpose other than in accordance with paragraph 3(a) hereof during the relevant period. The first such report shall be due on the first anniversary of the purchase of the Debenture(s) by OILC and subsequent reports shall be due annually thereafter on subsequent anniversaries until such time as all the proceeds of such Debenture(s) have been expended. (e) The purchase price for Debentures, less any outstanding Obligations in respect of the Related Advance(s), shall be tendered to the Municipality by electronic transfer of funds to an account of the Municipality maintained with a deposit -taking institution, such account to be designated by the execution and delivery of a notice in writing to OILC in the form of the attached Schedule "D" to this Agreement and the Municipality undertakes to notify OILC immediately in writing of any changes in its designated account for the purposes of such transfers. 10. Issue of Debentures and Repayment of Advances (a) Subject to the Municipality's right to prepay as set out in paragraph 10 (c) below, each Advance shall be due and payable in full on the earlier of the Termination Date or the Issue Date for the Project(s) for which the Advance was made (the 9 66 "Maturity Date"), subject to OILC's right to extend the Maturity Date in its sole discretion. The Municipality shall repay each Advance on the Maturity Date by: (i) paying an amount equal to the Advance and any unpaid interest thereon to OILC in immediately available funds; (ii) converting the Advance into long-term financing by issuing to OILC one or more Debentures in a principal amount at least equal to the Advance to be repaid; or (iii) any combination of (i) and (ii). (b) The Municipality shall notify OILC of its intention to issue and offer Debenture(s) for purchase by OILC sixty (60) days in advance of the Issue Date as noted on Schedule "A" hereto. If the Debenture(s) are not offered for purchase on such date the Municipality shall propose another Issue Date subject to OILC's rights under paragraph 9(a) hereof and subject to OILC's right to reject the new Issue Date. (c) An Advance may be prepaid at any time prior to its Maturity Date at the sole discretion of OILC and subject to such terms and conditions as may be imposed at OILC's sole discretion. The principal amount of any such repaid Advance cannot be subsequently borrowed by the Municipality. (d) If one or more Debentures are to be issued to OILC on the same Issue Date in a Principal Amount that is less than the aggregate amount of the Obligations then outstanding, then prior to the issue of any such Debenture(s), the Municipality shall designate by notice in writing to OILC the Project or Projects (each, a "Debenture Project") in respect of which the Debenture(s) will be issued, and the Advances that will be repaid by the proceeds of such issue (the "Related Advances") and the portion of the Principal Amount of the Debenture(s) that relates to each such Debenture Project. (e) OILC is not responsible for ensuring that the proceeds of any Debenture are in fact used for the Debenture Project(s) designated as such by the Municipality pursuant to paragraph 10(d) above or that any Advance designated as a Related Advance by the Municipality in fact relates to the Debenture Project(s) designated as such by the Municipality pursuant to paragraph 10(d) above. (f) The proceeds realized from the sale and issuance of Debentures shall satisfy an amount of the Obligations in respect of the Related Advance(s) then outstanding to the extent of the aggregate Principal Amount of such issuance. If such aggregate Principal Amount is less than the amount of the Obligations in respect of the Related Advance(s) then outstanding, then the Related Advance(s) shall be repaid to the extent of such aggregate Principal Amount. (g) The interest rate for each Debenture (the "Debenture Interest Rate") shall be fixed by OILC based on OILC's cost of funds plus OILC's prevailing spread assigned to the borrower sector for program delivery costs and risks. A rate confirmation letter shall be sent to the Municipality by OILC confirming the Debenture Interest Rate to be offered for the Debenture and the Municipality's 10 67 written acceptance of such letter shall be conclusive proof of acceptance of the Debenture Interest Rate offered. (h) Payments of principal and interest due on each Debenture shall be made by pre - authorized debit from an account of the Municipality maintained with a deposit - taking institution, such account to be designated by the execution and delivery of a notice in writing to OILC in the form of the attached Schedule "D" to this Agreement, together with such other authorizations, voided cheques and other documentation as the deposit -taking institution and the rules of the Canadian Payments Association may require for such pre -authorized debit, and the Municipality undertakes to notify OILC immediately in writing of any changes in its designated account for the purposes of pre -authorized debits. 11. Right of Deduction The Municipality hereby agrees, pursuant to section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011 (Ontario), as amended from time to time hereafter, that the Minister of Finance is entitled, without notice to the Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay to OILC on account of the Obligations and/or any Debenture(s) and to pay such amounts to OILC from the Consolidated Revenue Fund. 12. Term, Termination and Default (a) Subject to paragraphs 12(b) and 12(c) below, this Agreement shall terminate on the earlier of the fifth (5t") anniversary of the effective date of this Agreement as recorded on page 1 hereof and the later of the following two dates: (i) the date that is ten (10) Business Days following the date on which the last Obligations outstanding hereunder are paid in full; and (ii) the date that is ten (10) Business Days following the date of the purchase by OILC of the last Debenture to be issued pursuant to this Agreement (the "Termination Date"). In the event that this Agreement is terminated in accordance with paragraphs 12(b) or 12(c) below, before any of the dates described above in this paragraph 12(a) occur, the "Termination Date" means that earlier date on which this Agreement is terminated under paragraph 12(b) or 12(c) below. (b) Subject to OILC's right to terminate its obligations under this Agreement immediately pursuant to paragraph 12(c) below, OILC may terminate its obligations under this Agreement on thirty (30) days prior notice in writing to the Municipality if, in the reasonable opinion of OILC, the Municipality is in material default under this Agreement, or if OILC rejects a new Issue Date pursuant to paragraph 10(b) hereof. (c) Subject to paragraph 12(d) below, OILC may terminate any or all of its obligations under this Agreement immediately, 11 68 (i) if the Municipality: (1) fails to make one or more payments of interest in respect of any Advance within five (5) Business Days after the same becomes due and payable; (2) reaches or exceeds its updated debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing; (3) has failed to meet and pay any of its obligations under any debenture issued by the Municipality or interest thereon when due and after payment thereof has been duly demanded; (4) has failed to meet and pay any of its debts or liabilities when due and such default in payment is occasioned by financial difficulties affecting the Municipality; (5) has or may become involved in financial difficulties such that default or unusual difficulty in meeting debts or obligations or in providing adequate funds to meet current expenditures may ensue, or has failed to levy the necessary rates to meet current expenditures; or (6) uses the proceeds of any Advance or the proceeds of any Debenture for any purpose other than the purposes set out in paragraph 3(a) hereof; (ii) if the Local Planning Appeal Tribunal makes an order under section 21 of the Municipal Affairs Act (Ontario), as amended, or any successor legislation to vest in the Ministry of Municipal Affairs and Housing control and charge over the administration of all the affairs of the Municipality as set forth in the order; or (iii) if issues raised in an audit required under paragraph 16(a) hereof have not been resolved to OILC's satisfaction within a reasonable time after the Municipality has been notified of such issues; (d) If OILC elects to terminate its obligations under this Agreement pursuant to paragraph 12(c) hereof, it shall give notice in writing of such termination to the Municipality, specifying the reason for such termination. Upon delivery of such notice OILC shall have no further obligation to make any Advances or to purchase any Debentures hereunder. In such notice OILC may also declare all Obligations outstanding hereunder and in respect of any Advance to be immediately due and payable, whereupon such Obligations shall become immediately due and payable; and in addition to any rights or remedies that OILC may have at law or in equity to enforce such Obligations, OILC may request that the Minister of Finance exercise the authority described in paragraph 11. (e) If OILC elects to terminate its obligations under this Agreement in accordance with paragraphs 12(b) or 12(c) above, after the Municipality has issued one or more 12 69 Debentures, the Municipality shall pay to OILC the Make -Whole Amount on account of the losses that it will incur as a result of the early repayment or early termination. 13. Communications Requirements (a) OILC and the Municipality shall work together to ensure that OILC financing of the Project(s) receives recognition and prominence through agreed upon communications activities. An example of such activity could include signage at each Project site signifying Government of Ontario project financing. (b) OILC reserves the right to undertake its own communications activities in relation to OILC financing of the Project(s) at any time in its sole discretion and at its expense. (c) All joint communications activities between the Municipality and OILC shall comply with the Government of Ontario's Visual Identity Directive and guidelines. 14. Project Management Requirements Intentionally Deleted 15. Indemnity To the fullest extent permitted by law, the Municipality shall indemnify and hold harmless OILC, its officers, directors, agents, subcontractors and employees (collectively, the "Indemnified Parties") from and against all (a) claims and causes of action, pending or threatened, of any kind (whether based in contract, tort or otherwise) by third parties or by whomever made in any way related to or arising out of this Agreement or the Project(s), and (b) all liabilities, losses, damages, costs and expenses (including, without limitation, legal fees and disbursements) suffered or incurred by any of the Indemnified Parties in connection with any claims or causes of action described in this paragraph. The obligations contained in this paragraph shall survive the termination or expiry of this Agreement. 16. General Provisions (a) (i) OILC reserves the right to audit compliance with this Agreement at any time. Such right shall survive any termination of this Agreement. The cost of any such audit shall be at OILC's or the Municipality's expense at OILC's sole discretion. The Municipality is required to keep any supporting documents required for any such audit for a minimum of seven (7) years. 13 70 (ii) The Municipality's obligation to provide an annual Treasurer's Report as described in paragraph 9(d) hereof shall survive any termination of this Agreement. (b) No amendment, restatement, supplement, replacement, other modification or termination of any provision of this Agreement is binding unless it is in writing and signed by each party. (c) The Municipality may not assign its rights or transfer its obligations under this Agreement without the prior written consent of OILC. OILC may assign its rights or transfer its obligations under this Agreement without the prior written consent of the Municipality by giving thirty (30) days notice of such assignment or transfer to the Municipality. This Agreement enures to the benefit of and binds the parties and their respective successors and permitted assigns. (d) This Agreement, together with the Schedules, the Application, the Record, the Treasurer's Certificate, the Debenture Treasurer's Certificate, the annual Treasurer's Report and the Debenture(s), constitute the entire agreement between the parties with respect to the subject matter referenced in those documents and supersedes all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings, whether written or oral. (e) Each party shall from time to time promptly execute and deliver all further documents and take all further action reasonably necessary or appropriate to give effect to the provisions and intent of this Agreement. (f) The Municipality acknowledges that OILC is an institution to which the Freedom of Information and Protection of Privacy Act (Ontario) ("FIPPA") applies and in the event of an access request under FIPPA for records in the control of OILC that may be in the possession of the Municipality, the Municipality will co-operate in identifying, copying and returning such records to OILC. OILC agrees that if it collects or receives Personal Information (as such term is defined in FIPPA) it will only do so, and it will only use, disclose or destroy such information, in accordance with the provisions of FIPPA relating to Personal Information in the custody or control of OILC to which FIPPA applies. (g) The Municipality acknowledges that this Agreement is subject to the Open Data Directive and OILC retains the right to publish Open Data. (h) Any failure of OILC to object to or take action with respect to a breach of this Agreement shall not constitute a waiver of OILC's right to take action at a later date with respect to such breach. No course of conduct by OILC will give rise to any reasonable expectation which is in any way inconsistent with the terms and conditions of this Agreement and OILC's rights hereunder. (i) This Agreement is governed by, and shall be construed and interpreted in accordance with, the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. (j) This Agreement and any amendment, restatement, supplement, replacement, other modification or termination of any provision of this Agreement may be 14 71 executed and delivered in any number of counterparts, each of which when executed and delivered is an original but all of which taken together constitute one and the same instrument. (k) Each party may deliver an executed copy of this Agreement by fax or by email but that party shall immediately deliver to the other party an originally executed copy of this Agreement. (1) Unless otherwise specified, each notice to a party must be given in writing and delivered personally or by courier, sent by prepaid registered mail or transmitted by email or fax to the municipal address, the email address or the fax number set out in Schedule "C. (m) If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect: (i) the legality, validity or enforceability of the remaining provisions of this Agreement; or (H) the legality, validity or enforceability of that provision in any other jurisdiction. [the remainder of this page has intentionally been left blank] 15 72 IN WITNESS WHEREOF the parties hereto have executed the Agreement effective as of the date first above written. ONTARIO INFRASTRUCTURE AND LANDS CORPORATION per: per: George Skariah Acting Chief Financial Officer Ron Harmon Director, Credit Risk We have the authority to bind the corporation [MUNICIPALITY FULL LEGAL NAME, INCLUDING THE CORPORATION OF THE XXXXX, IF APPLICABLE OR UPPER -TIER MUNICIPALITY FULL LEGAL NAME] per: per: Signatory Name, Signatory Title Treasurer Name, Treasurer Title We have the authority to bind the corporation Executed by the above parties as authorized by By -Law FA Bylaw Number of the Municipality. 16 73 SCHEDULE "A" FINANCING SCHEDULE 74 SCHEDULE "B" CERTIFIED COPY OF AUTHORIZING BY-LAW 75 SCHEDULE "C" ADDRESSES FOR NOTICE Ontario Infrastructure and Lands Corporation 1 Dundas, 20t" floor Toronto, Ontario M5G 2L5 Attn: Manager, Loan Administration Fax: 416-263-5900 [Municipality Full Legal Name, including The Corporation of the XXXXX, if applicable or Upper -tier Municipality Full Legal Name] Street City, Ontario Postal Code Attn: Treasurer Name, Treasurer Title Fax: 76 SCHEDULE "D" PRE -AUTHORIZED DEBIT ("PAD") AND ACCOUNT FOR DEPOSIT [MUNICIPALITY FULL LEGAL NAME, INCLUDING THE CORPORATION OF THE XXXXX, IF APPLICABLE OR UPPER -TIER MUNICIPALITY FULL LEGAL NAME] (1) Account Holder Information Full Legal Name: Exact account name: Address: Province: Postal Code: City: Phone #: (2) Financial Institution Information (Note: Please attach VOID cheque) (i) Inflow of Deposits Name of Financial Institution: Address: City: Province: Postal Code: Phone #: Transit #: Institution #: Account #: (ii) Outflow of Pre -Authorized Debit ❑ Same as above ❑ If different from above fill out banking information below Name of Financial Institution: Address: City: Province: Postal Code: Phone #: Transit #: Institution #: Account #: 1 77 Sample of the numbering at the bottom of a cheque 001234 01234 - 001 111-222-3 b Cheque # t�' Transit # <21 Institution # b Account # Attach VOID Cheque Here: Sample: 1. Purpose of Debits [ X ] Business PAD 2. Pre Notification of Amounts Fixed Amounts: The Company will provide written notice of the amount to be debited and the date of the debit at least ten (10) calendar days before the date of the first debit and every time there is a change in the amount or payment date. Variable Amounts: The Company will provide written notice of each amount to be debited and the date of the debit at least ten (10) calendar days before the date of each debit. The Customer and Company hereby agree to waive the above pre notification requirements. Authorized Signature of Customer: [INSERT NAME] Name: Title: Authorized Signature of Customer: [INSERT NAME] Name: Title: Authorized Signature of Company: ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Name: Title: 3. Rights of Dispute The Customer has certain recourse rights if any debit does not comply with this Authorization. For example, the Customer has the right to receive reimbursement for any debit that is not authorized or is not consistent with this Authorization. To obtain more information on the Customer's recourse rights, the Customer may contact its financial institution or visit www.cdnpay.ca. The Customer may dispute a debit under the following conditions: (i) the debit was not drawn in accordance with this Authorization; or (ii) amounts were drawn after this Authorization was revoked or cancelled in accordance with paragraph 4 below. In order to be reimbursed, the Customer must complete a declaration form / reimbursement claim, in the form provided by the Bank, at the above indicated branch of the Bank up to and including ten (10) business days after the date on which the debit in dispute was posted to the Customer's account. The Customer acknowledges that disputes after the above noted time limitations are matters to be resolved solely between the Company and Customer. 2 79 4. Terms of Authorization to Debit the Above Account The Customer authorizes the Company to debit the above account(s) for all payments of principal, interest and other amounts payable to the Company from time to time in respect of the Customer's indebtedness to the Company in accordance with the terms of the financing agreement between the Company and the Customer dated as [INSERT DATE] (the "Financing Agreement"). The Customer authorizes the Company to debit the above account(s) for amounts payable to the Company if the Customer fails to provide written notice to the Company of any change to the terms of a Debenture at least five (5) Business Days prior to the date the Company is scheduled to set the interest rate for a Debenture, as defined in the Financing Agreement. The Bank is not required to verify that any debits drawn by the Company are in accordance with this Authorization or any agreement made between the Customer and the Company. This Authorization is to remain in effect and may not be revoked or cancelled until the Company has received written notification from the Customer of its change or cancellation in accordance with this Authorization. This Authorization may only be revoked or cancelled by the Customer upon thirty (30) days' written notice to the Company and provided that the Customer designates alternative account(s) and delivers new pre - authorized debit agreement(s) in respect of the new account(s) for purposes of effecting debits of the Customer's obligations under the Financing Agreement. The Customer may obtain a sample cancellation form, or more information on the right to cancel a PAD Agreement by visiting www.cdnpay.ca. This Authorization applies only to a method of payment and cancellation of this Authorization does not mean that the Customer's contractual obligations to the Company are ended, and nor does this Authorization otherwise modify or detract from any of the Customer's obligations to the Company. The Customer will notify the Company promptly in writing if there is any change in the above account information. The Customer may contact the Company in accordance with notification provisions set forth in the Financing Agreement. The Customer consents to the disclosure of any personal information that may be contained in this Authorization to the Bank at which the Company maintains its account to be credited with the debits as far as any such disclosure of personal information is related to and necessary for the proper application of the Rules of the Canadian Payments Association. Any delivery of this Authorization to the Company constitutes delivery by the Customer to the Bank. It is warranted by the Customer that all persons whose signatures are required to sign on the above account have signed this Authorization. The Customer acknowledges receipt of a signed copy of this Authorization. Signature(s) or Authorized Signature(s) of Account Holder(s) (Date) 3 80 Signature(s) or Authorized Signature(s) of Account Holder(s) (Date) m APPENDIX E Ontario 0 Ministry of Municipal Affairs and Housing 777 Bay Street, Toronto, Ontario M5G 2E5 MMAH CODE: 44000 MUNID: 34000 MUNICIPALITY: Elgin Co UPPER TIER: REPAYMENT LIMIT: Ministere des affaires municipales et du logement 777 rue Bay, Toronto (Ontario) M5G 2E5 $ 12,078,005 The repayment limit has been calculated based on data contained in the 2020 Financial Information Return, as submitted to the Ministry. This limit represents the maximum amount which the municipality had available as of December 31, 2020 to commit to payments relating to debt and financial obligation. Prior to the authorization by Council of a long term debt or financial obligation, this limit must be adjusted by the Treasurer in the prescribed manner. The limit is effective January 01, 2022 FOR ILLUSTRATION PURPOSES ONLY, The additional long-term borrowing which a municipality could undertake over a 5-year, a 10-year, a 15-year and a 20-year period is shown. If the municipalities could borrow at 5% or 7% annually, the annual repayment limits shown above would allow it to undertake additional long-term borrowing as follows: (a) 20 years @ 5% p.a. $ 150,518,636 (a) 15 years @ 5% p.a. $ 125,365,559 (a) 10 years @ 5% p.a. $ 93,263,151 (a) 5 years @ 5% p.a. $ 52,291,440 (a) 20 years @ 7% p.a. $ 127,954,554 (a) 15 years @ 7% p.a. $ 110,005,429 (a) 10 years @ 7% p.a. $ 84,830,851 (a) 5 years @ 7916' p.a. $ 49,522,204 82 Debt Charges for the Current Year 0210 Principal (SLC 74 3099 01). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54,500 0220 Interest (SLC 74 3099 02). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59,862 0299 Subtotal 114,362 0610 Payments for Long Term Commitments and Liabilities financed from the consolidated statement of operations (SLC 42 6010 01) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 250,000 9910 Total Debt Charges Amounts Recovered from Unconsolidated Entities 10=� 1010 Electricity - Principal (SLC 74 3030 01) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1020 Electricity - Interest (SLC 74 3030 02) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1030 Gas - Principal (SLC 74 3040 01) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1040 Gas - Interest (SLC 74 3040 02) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1050 Telephone - Principal (SLC 74 3050 01) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1060 Telephone - Interest (SLC 74 3050 02) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1099 Subtotal 1410 Debt Charges for Tile Drainage/Shoreline Assistance (SLC 74 3015 01 + SLC 74 3015 02) . . . . . . . . . . . . . . . . . . 0 1411 Provincial Grant funding for repayment of long term debt (SLC 74 3120 01 + SLC 74 3120 02). . . . . . . . . . . . . . . . 0 1412 Lump sum (balloon) repayments of long term debt (SLC 74 3110 01 + SLC 74 3110 02). . . . . . . . . . . . . . . . . . . . . 0 1420 Total Debt Charges to be Excluded 9920 Net Debt Charges L.............. sbasbz 1610 Total Revenue (SLC 10 9910 01). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is= 85,337,168 Excluded Revenue Amounts 2010 Fees for Tile Drainage / Shoreline Assistance (SLC 12 1850 04) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L............................ 0„ 2210 Ontario Grants, including Grants for Tangible Capital Assets (SLC 10 0699 01 + SLC 10 0810 01 + SLC10 0815 01) . . . . . . 29,140,165 2220 Canada Grants, including Grants for Tangible Capital Assets (SLC 10 0820 01 + SLC 10 0825 01) . . . . . . . . . . . . . . 2,521,692 2225 Deferred revenue earned (Provincial Gas Tax) (SLC 10 830 01) . . . . . . . . . . . . . . . . . . . . . . . . 0 2226 Deferred revenue earned (Canada Gas Tax) (SLC 10 831 01) . . . . . . . . . . . . . . . . . . . . . . . . 0 2230 Revenue from other municipalities including revenue for Tangible Capital Assets ( SLC 10 1098 01 + SLC 10 1099 01) . . . . 3,903,300 2240 Gain/Loss on sale of land Et capital assets (SLC 10 1811 01) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,544 2250 Deferred revenue earned (Development Charges) (SLC 10 1812 01) . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 2251 Deferred revenue earned (Recreation Land (The Planning Act)) (SLC 10 1813 01) . . . . . . . . . . . . . . . . . . . . . 0 2252 Donated Tangible Capital Assets (SLC 53 0610 01) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 2253 Other Deferred revenue earned (SLC 10 1814 01) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 2254 Increase / Decrease in Government Business Enterprise equity (SLC 10 1905 01) . . . . . . . . . . . . . . . . . . . . . 0 2255 Other Revenue (SLC 10 1890 01 + SLC 10 1891 01 + SLC 10 1892 01 + SLC 10 1893 01 + SLC 10 1894 01 + SLC 10 1895 01 + SLC 10 1896 01 + SLC 10 1897 01 + SLC 10 1898 01) . • • • . . . 2299 Subtotal ..... 35,5"67,700„ 2410 Fees and Revenue for Joint Local Boards for Homes for the Aged . . . . . . . . . . . . . . . . . . . . . . . . . . . . O,„�� 2610 Net Revenues....................4.9'�7.6.9'.4.6.7.. 2620 25% of Net Revenues 9930 ESTIMATED ANNUAL REPAYMENT LIMIT (25% of Net Revenues less Net Debt Charges) SLC denotes Schedule, Line Column. 83 REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of da// Engineering, Planning, & Enterprise (EPE) / Deputy �iiocn nn CAO r,ot,ressiv by Nature DATE: July 1211, 2022 SUBJECT: Revised Condition for Draft Plan Approval of Vacant Land Condominium, Part of Lot 37, East of John Street, Plan 164 (Town of Aylmer); Part of Lot 84, Concession South of Talbot Road (former Township of Malahide), Town of Aylmer, County of Elgin Applicant: Mike Pletch / Dillon Consulting Limited Owner: Jacob Hiebert File No.: 34CD-AY2102 RECOMMENDATION: THAT the Council of the Corporation of the County of Elgin approve a minor revision to Condition No. 4 of the February 8, 2022 Decision regarding the approval of a Draft Plan of Condominium proposed by Dillon Consulting Ltd. in the Town of Aylmer, File No. 34CD-AY2102; and THAT staff be directed to prepare a new Decision to reflect the revisions to Condition No. 4 of the original, as well as a new decision lapsing date of July 12, 2025, in accordance with the date of Council's new Decision. INTRODUCTION: This report is to provide County Council with the information required to consider a minor revision to Condition No. 4 of the February 8, 2022 Decision regarding the approval of the above noted draft plan of condominium. Draft plan approval was provided by County Council on February 8, 2022, for a plan of condominium on lands municipally known as 335 John Street South, Town of Aylmer. The Notice of Decision was subsequently issued on February 15, 2022 in accordance with the requirements of the Planning Act. The appeal period has since lapsed on March 7, 2022. 1 RE 2 DISCUSSION: Staff are seeking Council approval to revise Condition No. 4 of the February 8, 2022, Decision to ensure the County reserves a right to any easements which may reasonably be required as part of the development. This condition currently reads as follows: "4. That the Owner shall provide easements as may be required for utility, servicing, or access purposes in a form satisfactory to the Town or utility." Council will note that the County is omitted from the condition. This request comes in response to the identification of an encroachment of County infrastructure (John Street Bridge culvert) onto the subject lands following issuance of the notice. As such, to ensure that County infrastructure and interests are protected as part of this development (i.e., recognizing the encroachment via easement on title), County staff recommend the following minor revisions to Condition No. 4 be made: "4. That the Owner shall provide easements as may be required for infrastructure, utility, servicing, or access purposes in a form satisfactory to the County, Town, or utility." County staff, as well as the County Solicitor, have discussed the above revisions with the owner, who has advised of no objection. Subsection 51(45) of the Planning Act outlines the requirements for giving notice for a change of conditions to the approval of a draft plan of subdivision (or condominium) after notice has been given. However, per subsection 51(47), an approval authority is not required to give written notice under subsection (45) if, in the opinion of the approval authority, the change to conditions is minor. Staff are of the opinion that the proposed change to Condition No. 4 is minor and therefore does not warrant a re -initiation of the notice requirements outlined under Section 51 of the Planning Act. Notwithstanding this, an updated Decision will be prepared for the file record and provided to the applicant and local municipality. Staff would also advise that Note No. 14 of the Decision will also be revised to reflect a new decision lapsing date of July 12, 2025, in accordance with the date of Council's new Decision. The former lapsing date was February 8, 2025. FINANCIAL IMPLICATIONS: None. m 3 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: The revised Decision will be provided by the County to: • the applicant; and, • the local Municipality. CONCLUSION: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Based on the analysis contained in the Discussion section of this report, staff recommend that Council approve a revision to Condition No. 4 of the Decision for the approval of the draft plan of condominium (File: 34CD-AY2102), as outlined in this staff report. All of which is Respectfully Submitted: Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Approved for Submission: Julie Gonyou Chief Administrative Officer File No.: 34CD-AY2102 Date of Decision: July 12, 2022 Municipality: Town of Aylmer Subject Land: 335 John Street, Aylmer Applicant: Dillon Consulting DECISION The conditions to final plan of approval for registration of this Condominium (File No. 34CD- AY2101) as provided by the County of Elgin are as follows: No. Conditions The Owner agrees, by entering into a Development Agreement under Section 41 of the Planning Act R.S.O. 1990, as amended, with the Town of Aylmer wherein the Owner agrees to satisfy all the requirements, financial and otherwise, of the Town respecting the conditions of approval set out herein, and the laying out and development of the site, the installation of facilities and services including roads, sewage collection systems, water distribution system, utilities, storm water management facilities and landscaping required for the development of the lands within the Plan. 2. That the agreement between the Owner and the Town be registered against the lands to which it applies once the declaration and description has been registered. 3. That the condominium declaration include the following provisions: i) That on -site snow clearing shall be the responsibility of the Condominium Corporation; and ii) That a private contractor will pick up and dispose of garbage refuse and recyclable materials from the development. 4. That the Owner shall provide easements as may be required for infrastructure, utility, servicing, or access purposes in a form satisfactory to the County, Town, or utility. 5. That the Owner convey up to 5% of the land included in the plan to the municipality for park or other public recreation purposes. Alternatively, the Town may require cash -in -lieu of all or a portion of the conveyance. 6. That the Applicant meet all the requirements, financial and otherwise of the Town of Aylmer, to the satisfaction and clearance of the Town. 7. Prior to final approval for the registration of any condominium corporation within this development, the Owner shall submit a plan showing the door point numbers to be displayed on the exterior of each unit and the corresponding legal descriptions to the satisfaction of the Town. m File No.: 34CD-AY2102 Date of Decision: July 12, 2022 Municipality: Town of Aylmer Subject Land: 335 John Street, Aylmer Applicant: Dillon Consulting 8. That the Development Agreement shall address the following matters, to the satisfaction of Canada Post: a. The Owner shall provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. As well, the Owner will provide the expected installation date(s) for the Community Mail Boxes. b. The Owner shall make satisfactory arrangements with Canada Post and the Town, for the installation of Canada Post Community Mailboxes and shall indicate these locations on the appropriate servicing plans. The applicant shall further provide the following for the Community Mailboxes: i) The developer agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post; ii) The developer agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The developer also agrees to note the locations of all Community Mail Boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Community Mail Box; iii) The developer will provide a suitable and safe temporary site for a Community Mail Box until curbs, sidewalks and final grading are completed at the permanent Community Mail Box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied; and iv) The developer agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: a. Any required walkway across the boulevard, per municipal standards; b. Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and c. A Community Mailbox concrete base pad per Canada Post specifications. 9. That prior to final approval, the County of Elgin is to be advised in writing by the Town how conditions 1 though 7 have been satisfied. -I File No.: 34CD-AY2102 Municipality: Town of Aylmer Subject Land: 335 John Street, Aylmer Applicant: Dillon Consulting Date of Decision: July 12, 2022 10. That prior to final approval, the County of Elgin is to be advised in writing by Canada Post how condition 8 has been satisfied. Notes to Draft Approval 1. That this approval applies to the draft plan of vacant land condominium, prepared by Kim Husted Surveying Limited, OLS, Project No. 21-1093, dated October20, 2021, which shows the following: • Thirty four (34) Residential Units; • One (1) block for Common Elements, including landscape and amenity areas, internal access and driveways, services and visitor parking spaces. 2. This draft approval is for a Vacant Land Plan of Condominium under Part XII of the Condominium Act, 1998, S.O. 1998, c. 19, as amended. 3. The development is to be registered as one (1) Condominium Corporation. 4. It is the applicant's responsibility to fulfill the conditions of draft approval. 5. It is recommended that the familiarize themselves with: subsection 144 (1) of The Land Titles Act, which requires all new plans be registered in a land titles system; ii. subsection 144 (2) - allows certain exceptions. 6. Inauguration, or extension of a piped water supply, a communal sewage system or a storm water management system, is subject to the approval of the Ministry of Environment, Conservation, and Parks under Section 52 and Section 53 of the Ontario Water Resources Act. 7. The Ministry of Environment, Conservation, and Parks must be advised immediately should waste materials or other contaminants be discovered during the development of this plan of condominium. 8. It is the applicant's responsibility to obtain the necessary permits from the Catfish Creek Conservation Authority (CCCA) in accordance with Ontario Regulation 146/06 made pursuant to Section 28 of the Conservation Authorities Act. Permits shall be obtained prior to any development and/or alterations on the subject lands, unless otherwise authorised by CCCA in writing. In addition, the applicant is responsible for implementing, maintaining, and notifying CCCA in writing, of all sediment and erosion controls and maintenance, on the subject lands. File No.: 34CD-AY2102 Date of Decision: July 12, 2022 Municipality: Town of Aylmer Subject Land: 335 John Street, Aylmer Applicant: Dillon Consulting 9. A copy of the condominium agreement and the declaration must be provided to the County of Elgin (Manager of Planning) prior to final plan approval. 10. If commenting agency's condition concerns matters to be covered in the condominium agreement, a copy of the agreement should be sent to them. This will expedite clearance of the final plan. 11.All measurements on condominium final plans must be presented in metric units. 12. The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document Format (PDF) with the appropriate citation from the Planning Act used. The AutoCAD (DWG) file must be consistent with the following standards: iii. Georeferenced to the NAD83 UTM Zone 17N coordinate system. iv. All classes of features must be separated into different layers. v. Each layer should be given a descriptive name so that the class of feature it contains is recognizable. 13. The final plan approved by the County of Elgin must include the following paragraph on all copies (3 mylars and 4 paper) for signature purposes: b. "Approval Authority Certificate Parts & approved and Part exempted under Section 9 of the Condominium Act and Section 51 of the Planning Act, on this day of , 20 Manager of Planning" 14.The approval of this draft plan of condominium File No. 34CD-AY2101 will lapse on July 12, 2025 pursuant to subsection 51(32) of the Planning act, as amended. It is the responsibility of the owner to request an extension of the draft approval if one is needed. A request for extension should be made at least 60 days before the approval lapses since no extension can be given after the lapsing date. The request should include the reasons why an extension is needed and a resolution in support of the extension from the council of the Municipality. 15. The final plan approved by the County of Elgin must be registered within 30 days or the County may withdraw its approval under Subsection 51(59) of the Planning Act. 0I97 REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of da// Engineering, Planning, & Enterprise (EPE) / Deputy �iiocn nn CAO rot!ressivebyNature DATE: July 14, 2022 SUBJECT: Centennial Avenue and Elm Line Roundabout Landscaping Options RECOMMENDATIONS: THAT the report titled, "Centennial Avenue and Elm Line Roundabout Landscaping Options" from the General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO, dated July 14, 2022 be received and filed; and THAT staff be directed to proceed with decorative landscaping as currently contemplated in the roundabout design prepared by BT Engineering Inc. INTRODUCTION: The County of Elgin is preparing to construct its very first roundabout at the intersection of Centennial Avenue and Elm Line. In advance of tendering the project, staff requests County Council provide input regarding the landscaping design for the centre of the roundabout. This report will provide three (3) options for Council's consideration. DISCUSSION: A Municipal Class Environmental Assessment Study has been completed in order to select a solution that best manages projected traffic demands at the existing offset intersection at Centennial Avenue and Elm Line. As a result of the study process, a roundabout has been selected and its detailed design is near completion. The proposed roundabout design will provide a 25-metre interior diameter that equates to an area of approximately 500 square metres of open space in the centre of the roundabout. A roundabout concept drawing for this intersection is provided below. 91 Many options exist for how the open space within the centre of the roundabout is restored. Each option comes with initial and ongoing maintenance costs and three (3) options are presented below for Council's consideration. Option 1 - Naturalized Habitat The first and potentially least expensive option would be to restore the roundabout median with wildflowers and natural grasses to provide a naturalized habitat in order to encourage pollinators to visit. This option would require minor annual maintenance, and therefore this area would be included in the County's annual Grass Cutting / Maintenance contract used for its facilities. An image of what a naturalized roundabout median may look like is provided below. 2 92 3 Option 2 — Decorative Perennials A second restoration option is to plant decorative perennials. This is a relatively common roundabout median treatment used by many municipalities, including the City of St. Thomas. The County's engineering design consultant has tentatively included this treatment option in their design drawings and is staff's recommendation to proceed with this treatment. Plant species proposed include: Geraniums, Coneflowers, Compact Burning Bushes, Goldflame Spireas and Hick's Yew to name a few. This option would require periodic maintenance, and therefore this area would be included in the County's annual Grass Cutting / Maintenance contract used for its facilities. An image of what a decorative perennial roundabout median may look like is provided below. 93 0 Option 3 — Artistic Structure A third restoration option is to install feature artwork to showcase a local theme or to honour our local history. The City of St. Thomas has a few examples of roundabout median artwork structures as provided in the images below. Artistic structures can differentiate municipalities, promote values of cultural expression and can have positive effects in revitalizing social and economic development. However, artistic structures also come with a cost and currently not included within the project budget. If Council would like to explore an artistic structure feature within the roundabout median, a preliminary and additional project budget of $150,000 would be required based upon the City of St. Thomas' experience. If this option is endorsed by Council, staff recommends that a sub -committee of Council be established in order to prepare and approve a public Request for Proposal adhering to the County's Procurement Policy. Depending on the selected outcome, annual maintenance of the feature and surroundings would also be necessary. It should be noted that an option exists for Council to install an artistic structure at any future time and that its coordination with the commissioning of the roundabout is not required. FINANCIAL IMPLICATIONS: The existing project budget includes landscaping in the form of decorative perennials within the roundabout centre median. Any other more expensive options would require additional project funds to be added to the budget. 5 �*l A ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. If Council chooses to proceed with selecting and installing an artistic structure, the Municipality of Central Elgin and the City of St. Thomas could be engaged to participate in the process since this location borders the city limits and is physically located within the Municipality of Central Elgin. COMMUNICATION REQUIREMENTS: None. CONCLUSION: The County of Elgin is planning to construct its very first roundabout located upon a County road at the intersection of Centennial Avenue and Elm Line at the easterly boundary limits of the City of St. Thomas within the Municipality of Central Elgin. The design will provide a 25-metre diameter median of open area within the centre of the roundabout. The County's engineering consultant has prepared a landscape plan to include decorative perennial plantings within this 500 square metre area, however, Council may consider other restoration treatments as discussed in this report. Staff recommends retaining the consultant's landscape plan as developed. An opportunity will remain for County Council at any future time to implement an alternative solution. All of which is Respectfully Submitted Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Peter Dutchak Manager of Transportation Services Approved for Submission Julie Gonyou Chief Administrative Officer 7 C_. _ mProgresswe by Nature RECOMMENDATION: REPORT TO COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: July 21, 2022 SUBJECT: Connectivity Advocacy Plan THAT the report from the Chief Administrative Officer entitled "Connectivity Advocacy Plan", dated July 21, 2022 be received and filed; and THAT Council approve the Plan as recommended by the Connectivity Committee on July 20, 2022. PURPOSE: At its meeting on February 22, 2022, Elgin County Council supported the Connectivity Committee's recommendation to leverage existing staff resources and the Connectivity Committee to support Option #1 as presented in the final report from IBI Group Inc. titled "Internet Connectivity and Broadband Analysis, Assessment, and Proposed h...�nl�„��°�E Option #1 recommends support Solutions" (IBI Report). As detailed m the Illy„'...IL........„..,......„..,,..,....„, for Advocacy, Strategic Purchasing and ISP Coordination. The purpose of this report is to present the finalized Connectivity Advocacy Plan as approved by the Connectivity Committee at its July 20, 2022 meeting. ATTACHMENTS: • Appendix I —Connectivity Advocacy Plan • Appendix 11 - Infographic — Connectivity Advocacy Plan • Appendix III - Fibre Optic Progress Map - Connectivity in Elgin BACKGROUND: The Connectivity Committee has worked very hard to identify ways to create an enabling environment for Internet Service Providers (ISPs) to grow and flourish within Elgin County. The landscape for connectivity networks across Elgin County is already changing. Since the Committee's work began in 2018, additional community networks have emerged, and their potential for meeting connectivity gaps has improved (see Appendix III). Nevertheless, there are still many areas that must still be addressed before 10.1:3 community networks will reach their full potential which is why a formalized Connectivity Advocacy Plan is imperative. CONNECTIVITY STUDY — BACKGROUND & DECISION -MAKING: The following information provides background information and the decision -making chronology for the Internet Connectivity and Broadband Analysis, Assessment, and Proposed Solutions study undertaken by IBI Group. In 2021, Elgin County Council engaged IBI Group to complete a study including "Internet Connectivity and Broadband Analysis, Assessment, and Proposed Solutions" ("Study"). The Study provides a series of actions that are intended to advance connectivity in the County, while acknowledging the importance of partnerships and advocacy efforts. It recognizes the importance of broadband as an indispensable part of modern infrastructure. • At the December 16t" 2021 Connectivity Committee ("Committee") meeting, IBI Group presented its final draft report which included options to advance the access of affordable and reliable high-speed internet in Elgin County. For ease of reference, IBI Group's options are included within the next section of this report. • The Connectivity Committee carefully considered all options presented by IBI Group and requested that staff provide additional information regarding Option #1: Advocacy, Strategic Purchasing & ISP Coordination. • At its meeting on February 17t", the Connectivity Committee passed the following motion: THAT the IBI final report titled "Internet Connectivity and Broadband Analysis, Assessment, and Proposed Solutions" presented to Elgin County Council; and THAT the Chair be directed to provide Elgin County Council with a summary of the Connectivity Committee's recommended next steps with respect to final report prepared by IBI Group Inc. On February 22, 2022, Elgin County Council supported the Connectivity Committee's recommendation and passed the following motion: THAT the report titled "Internet Connectivity - IBI Group Final Report and Committee Recommendations" from Deputy Warden Marks, dated February 17, 2022, be received and filed for information; and, we THAT Elgin County Council support the Connectivity Committee's recommendation to leverage existing staff resources and the Connectivity Committee to support to IBI's Option #1 — Advocacy, Strategic Purchasing and ISP Coordination to facilitate and advocate for investment in broadband infrastructure (senior government / private sector). A delay in bringing forward a draft strategy for consideration by the Committee was associated with a technical disruption at the County of Elgin in April 2022 which required Committee meetings to be suspended for the month of April and part of May. • The Committee reviewed a draft Connectivity Advocacy Plan at its meeting on June 29, 2022 and provided feedback. • The Committee reviewed an updated Connectivity Advocacy Plan at its meeting on July 20, 2022 and approved the final version for consideration and endorsement by Council. CONNECTIVITY ADVOCACY PLAN: Advocacy efforts with all other levels of government to be centered on the critical role played by access to stable and affordable broadband infrastructure in local, provincial, and national economic recovery following the COVID-19 pandemic. The Connectivity Advocacy Plan includes four (4) key pillars which are detailed in Appendix I. An infographic that supports the Connectivity Advocacy Plan is included in Appendix II and a Fibre Optic Progress Map is included in Appendix III. `[9I97 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. The Connectivity Advocacy Plan requires that Elgin collaborate with its Local Municipal Partners. The Connectivity Advocacy Plan, once finalized, will be discussed with Elgin's Administrators at an upcoming meeting. COMMUNICATION REQUIREMENTS: The Connectivity Advocacy Plan includes a Communications/Engagement pillar with the goal of communicating the activities and efforts of the Connectivity Committee. CONCLUSION: It is recommended that Council approve the Connectivity Advocacy Plan. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer li[eSI / : 2 W El 0 co e E E \\ a0 E �$ ■ ch M f a� � 5= mo 0) co _ \ ch \/e (n 02 o7 k� ==o=£. �_ E.. o. 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U a) •- N — t7) 0 E > � c U U Q " O (n M �U N��'>s=0'> O a) O U OU O "O 0) C O Qcn z- MU c �U Q � c p �� _ N O "' N 0 0 CO mow- O � >,aai C � C M U cd Q cC to O O N 7 N N W � Cn "O C —M� i L co N "O D U D a) O o M X0 4) O U O a= - CL C U U> U r_ X Q ci Q 2 U �Co U U Co O a t W 00 U � t R Q vi a) :.: 1 N U a o" aUi cQN c O U a>) co O oNm iU ' O O O aO ON E Y > CU a N CO 0)N0 O O- O n ' O >CL O O U WO d O M 1 L i O Y 1 1 1 1 W d U +r0 x O d W 0 N N p d 1 L ai C ^Q ii ww y la� ti i AM a"r V. f�N lit _- re" A y II U r .ee wawa � Gd V Gti N i_ i LU LL Pro, ssivebyNature,, RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: July 2011, 2022 SUBJECT: EMS Response Bags THAT the report from the Chief Administrative Officer titled "EMS Response Bags — Replacement" dated July 20t", 2022 be received and filed; and THAT County Council approve an additional $22,316.80 in funding to augment the $16,000 previously budgeted in 2021 to support the replacement of sixteen (16) Emergency Medical Services (EMS) medical response bags. INTRODUCTION: The response bags currently used by Medavie EMS Elgin Ontario ("Medavie") were purchased in 2011. With an approximate lifecycle of ten (10) years, the eleven (11) year -old response bags have exceeded their lifecycle. Replacement response bags were approved in 2021 for a total cost of $16,000 using an estimated value of $1,000 per bag x 16 bags. As a result of the COVID-19 pandemic and supply chain issues, the response bags were not procured in 2021 and $16,000 was carried forward to the 2022 budget. The actual cost of replacement for each bag is $2,394.80 (exclusive of HST), rather than $1,000 as previously estimated. The total amount required to procure 16 response bags is $38,316.80 (exclusive of HST) or $22,316.80 over the original estimate of $16,000. This is attributable to an error in estimating combined with an increase in equipment and supplies costs. The purpose of this report is to seek Council's approval to purchase 16 replacement response bags which requires an increase the 2022 budget by $22,316.80 for a total of $38,316.80 (exclusive of HST). DISCUSSION: Medavie currently uses different types of response bags depending on the treatment required (i.e. trauma, IV, symptom relief). There have been a number of changes to the legislated equipment requirements resulting in much heavier response bags. Medavie has designed replacement bags, customized to best suit the needs of paramedics and ISM 2 staff attending to ambulance calls, including two (2) new back -pack response bags. Many services have incorporated a backpack option with a carrying handle to support improved ergonomics. Additionally, the canvas bags will be replaced with materials that allow for enhanced cleaning and disinfecting. The new trauma bags will incorporate the symptom relief bag, IV kit bag, and both major and minor hemorrhage kit bags. What's more, pediatric and neonate resuscitation equipment and related equipment are new required response bags and are included in the plan for replacement. FINANCIAL IMPLICATIONS: The additional $22,316.80 can be accommodated within the 2022 Budget for EMS Elgin Ontario. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of Growing Elgin ® Planning for and current programs and facilitating commercial, services with community industrial, residential, need. and agricultural growth. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The Chief Administrative Officer (CAO) will notify Medavie of County Council's decision. 116 3 CONCLUSION: The CAO has carefully reviewed Medavie's plan for replacement response bags with Medavie EMS Elgin Ontario General Manager / Chief and recommends that approval for new response bags be approved. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer 117 REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, CAO DATE: July 21, 2022 SUBJECT: Fire Training Officer Cost Sharing Agreement RECOMMENDATIONS: It is recommended that: 1. The within Report to Council, dated July 21, 2022, and entitled "Fire Training Officer Cost Sharing Agreement" be received and filed; 2. County Council approve the form of the Fire Training Officer Cost Sharing Agreement attached hereto as Appendix "A" subject to any clerical adjustments that may be required; 3. County Council authorize that County staff distribute the Fire Training Officer Cost Sharing Agreement to all local municipal partners. 4. Upon receipt of a duly executed agreement from the local municipal partners, County Council hereby authorizes the Warden and Chief Administrative Officer to execute the Fire Training Officer Cost Sharing Agreement. INTRODUCTION: The purpose of this Report to Council is to seek approval and authorization for the form, distribution and execution of a Fire Training Officer Cost Sharing Agreement attached hereto as Appendix "A" (the "Agreement") with County of Elgin local municipal partners. BACKGROUND AND DISCUSSION: The Corporation of the County of Elgin ("Elgin") provides Fire Training Officer services (the "services") to its local municipal partners. Initially the service was provided to five of seven local municipal partners with Central Elgin and the Town of Aylmer not electing to participate in the first instance. Subsequently, Central Elgin elected to participate in the services which resulted in a first amending agreement to the initial cost sharing agreement. More recently, the Town of Aylmer has signaled its desire to participate in the services. 118 2 The result is that all local municipal partners are now engaging with the services. Elgin County Legal Services recommends that, for efficiency and ease of contract administration, a new cost sharing agreement recognizing the participation of all local municipal partners be entered into rather than entering into a further amending Agreement. The new Agreement is attached hereto as Appendix "A" and the changes as compared to the existing Fire Training Officer Cost Sharing Agreement are shown in red text. Elgin is the responsible employer of the Fire Training Officer(s) and all compensation and expenses of the Fire Training Officer(s) is made directly by Elgin. The local municipal partners then reimburse Elgin for costs attributable to the Fire Training Officer(s) through levy payments. This new Agreement specifically deals with the levy amounts chargeable for the year 2022, with the parties agreeing that such expenses will be chargeable and payable as provided for in the Fire Training Officer Cost Sharing Agreement effective June 1, 2020. The cost sharing formula as well as the remaining terms and conditions of the Agreement otherwise remain consistent with the existing Fire Training Officer Cost Sharing Agreement arrangements. FINANCIAL IMPLICATIONS: Elgin is responsible for directly compensating and paying the expenses of the Fire Training Off icer(s). Elgin is reimbursed for its costs and expenses through levy payments. Upon execution of this Agreement the services will be delivered to all constituent local municipal partners and similarly the chargeable levy amounts will be received from all local municipal partners. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ®Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. ® Fostering a healthy environment. ® Enhancing quality of place. now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. 119 3 Comments: None LOCAL MUNICIPAL PARTNER IMPACT: The execution of the Agreement will enable Elgin to deliver the services to all local municipal partners. The formula for reimbursement through levy payments remains the same. COMMUNICATION REQUIREMENTS: None CONCLUSION: All local municipal partners wish to engage Elgin in providing Fire Training Officer services. Staff present and recommend the approval, distribution and authorization of execution of the attached Fire Training Officer Cost Sharing Agreement. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer This Agreement made t::ffa:c tiva: this I st day of .2022. BETWEEN: e►M e►M e►M e►M I ID I ID CORPORATION OF THE COUNTY OF ELGIN (hereinafter "Elgin") Of The First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter "Bayham") Of the Second 1=1airL THE CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH (hereinafter "Dutton Dunwich") Of the lhliird 1=1airL THE CORPORATION OF THE TOWNSHIP OF MALAHIDE (hereinafter "Malahide") THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD (hereinafter "Southwold") THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN (hereinafter "West Elgin") ¢.off Llhe [�a0Uic-Llh Pain ¢.off Llhe FIiffLlh Pain Of the SINtlh Pain t (: R I'& l l''t A � I ON 01:� I II I `vt L.l IN I 11' I. I � Y 01::'Cl:INf R I. I 1 ( G I IN (IhaI't�Jilaftt�:u "Ct:u111 ,1111:Illglin") Of tllht St:vi:untllh I'ai't �IIII CORI'ORAt OIN01: �lIII �GttttlN01: AY11 I: It (Iht:i'tJinaftti,. " hurnei"') Of tlht: I:iigllttlh I'ai'L WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, (hereinaf- ter "FPPA" or "Act") sets forth the obligations of, among others, local municipalities for the pro vision of, among other things, fire protection services; AND WHEREAS fire protection services includes, by definition, fire prevention and fire safety education as well as the training of persons involved in provision of such services; AND WHEREAS the Act, by section 2(2), contemplates that, in discharging its statutory responsi- bilities, a local municipality shall establish fire departments; 121 AND WHEREAS the local municipalities within the territorial limits of the County of Elgin (here- inafter "local municipalities" and "Elgin", respectively) have established fire departments as contemplated by the Act, which fire departments operate under the leadership, guidance, and supervision of a Fire Chief appointed by each such local municipality (hereinafter "local Fire Chief" or, collectively, "local Fire Chiefs"; AND WHEREAS the Act, by section 9(2), provides that it is the duty of the Fire Marshal to develop training programs and evaluation systems for persons involved in the provision of fire protection services and to provide programs to improve practices relating to fire protection ser vices; AND WHEREAS the Act, by section 10(1), provides that the Fire Marshal may delegate any power or duty that is granted to or were vested in the said Fire Marshal under the Act to any person or class of persons, subject to such limitations, restrictions, conditions, and require- ments as may be set forth in such delegation; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 2S, as amended, contemplates and provides for agreements between municipalities for the provision of services which each such municipality is required to deliver and provide within its own territorial limits; AND WHEREAS Elgin proposes to employ and appoint a Fire Training Officer/Community Emer- gency Management Coordinator (hereinafter "Officer") as a resource person qualified and able, among other things, to assist in the development, co-ordination and delivery of required train- ing and education programs for fire service personnel, including special teams, in support of and associated with local fire training programs implemented under the direction and authority of local Fire Chiefs; AND WHEREAS the local municipalities have agreed, to the extent each such municipality may, in its unfettered discretion may determine, to utilize the services of such Officer to assist in the development, coordination, and delivery of required training and education programs for local fire service personnel, including special teams, in support of and associated with local fire train- ing programs implemented under the direction and authority of local Fire Chiefs; AND WHEREAS Elgin and the local municipalities have reached consensus and agreement as the terms and conditions by which the Officer, as a resource person only and to the extent that each such local municipality shall, in its unfettered discretion may determine, shall provide as- sistance to local Municipal Fire Chiefs in development, coordination, and delivery of required training and education programs in support of and associated with local fire training programs implemented under the direction and authority of such local Fire Chiefs; NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now paid by the Parties hereto each to the other and the mutual promises and covenants hereinafter con- tained, the receipt and/or sufficiency of which is hereby acknowledged, the Parties hereto agree and covenant as follows: 1.0 Definitions 1.1 "Officer" means the Fire Training Officer/Community Emergency Management Coordinator employed by Elgin and thereafter utilized from time to time by the local municipalities identi- fied above through provision of resource assistance to a local Fire Chief in the development, co- ordination, and delivery of required training and education programs for local fire service per- sonnel. 1.2 "Fire Chief" means the local Fire Chief for each of the local municipalities who are Parties to this Agreement, namely Bayham, Dutton Dunwich, Malahide, Southwold, and West Elgin. 1.3 "Locall irT)Ui7fic, llpallfffiies" means, collectively, the Parties to this Agreement other than Elgin and, as individually named, Bayham, Dutton Dunwich, Malahide, Southwold, West Elgin, CCi:nto all 1 glin, and Ayhu-nei% I 2.0 Appointment and General Statement of Services 2.1 During the indefinite term that this Agreement is in effect, but at all times in its unfettered discretion, Elgin will employ and appoint the Officer, whose express duties shall include render ing of assistance to any local Fire Chief for any of the Parties hereto for the purpose of the de- velopment, coordination, and delivery of required training and education programs for local Fire Service personnel, including special teams. 2.2 For purpose of clarity and with respect to the statement of services set forth and described in section 2.1 above, the Parties hereto acknowledge and agree both that: (i) the services available from and provided by the Officer shall be in the nature of a re- source only, particularly and specifically to any local Fire Chief; and, (ii) the nature and extent of use of such services and/or reliance thereon, if any, shall be in the discretion of the local municipality and/or the local Fire Chief. 3.0 Services 3.1 For purposes of this Agreement, the Officer shall be available to provide the services set forth in Schedule "A" hereto to each and every local municipality through its local Fire Chief. 4.0 Limitation on Service Hours 4.1 Subject to contrary direction from the Chief Administrative Officer for Elgin for reason of, among other things, statutory holidays, authorized vacation, and/or competing service priori- ties, the Officer shall be available to provide services to aIIII II„Ut u10t ttddh of the local municipali ties, including but not necessarily limited to a local Fire Chief, for up to twenty (20) hours per week, between the hours of 8:30 AM and 4:30 PM, daily. S.0 Monitorine of and ReDortlnE by the Officer S.1 Subject to that set forth in section S.2 below, the Parties hereto specifically acknowledge and agree that, as an employee of Elgin, the primary reporting function and supervision re- quirement for the Officer is to the Chief Administrative Officer for Elgin. S.2 Notwithstanding that set forth in section S.1 above, the Parties hereto specifically agree that, for purposes of this Agreement and the provision of services as contemplated hereunder, the relevant activities of the Officer shall be monitored by each involved local Fire Chief and the results of which monitoring shall be reported, in writing, by such local Fire Chief to the Chief Ad- ministrative Officer of the local municipality or, if none, the Clerk of such local municipality and which written report, without revision, shall then be forwarded to the Chief Administrative Of- ficer for Elgin, following which the said Chief Administrative Officers (or Clerk) shall be at liberty to discuss the contents of such written report. 6.0 Records 6.1 The Officer shall create and maintain records detailing his or her activities as contemplated by this Agreement, including but not limited to those required by FPPA or any other statute, regulation, or by-law and/or as otherwise detailing the hours of resource work devoted to the benefit of, or on behalf of, each local municipality during any specific workday. 6.2 The records referred to in section 6.1 above shall be maintained by Elgin in accordance with its retention policies and protocols and, furthermore and upon reasonable notice, each of the Parties hereto shall have access to such records upon demand and during normal business hours of Elgin and, further thereto, each such other Party shall be permitted to photocopy any such record relating to the services rendered by the Officer to the Municipality through its local Fire Chief. 123 6.3 In addition to the creation and maintenance of records by the Officer and Elgin as set forth in sections 6.1 and 6.2 above, the local municipalities, through its local Fire Chief, shall each maintain its own records of training and education programs delivered to its local Fire Service personnel and for which the Officer provided assistance as contemplated by this Agreement, including but not limited to the results of such training and education programs and any certifi- cation achieved or earned by any individual member of the said local Fire Service. 7.0 Pavment for Services Throueh Levv to Local Municipalities 7.1 The Parties hereto acknowledge and agree that all costs and expenses associated with em- ployment of the Officer for purposes of delivery of services as contemplated by this Agreement shall be borne, in the first instance, by Elgin. 7.2 The Parties hereto further acknowledge, agiree, and Understand that, notwithstanding the financial responsibility borne by Elgin for the costs and expenses of the Officer as set forth in section 7.1 above, the said costs and expenses associated with employment of the Officer for purposes of delivery of services as contemplated by this Agreement shall be reimbursed to Elgin by the local municipalities through inclusion of an equal share of such costs and expenses in the annual municipal levy c hai'gt:d by Elgin, as the upper tier municipality, to each such other Party, as uIICliiVIdUdlll lower tier municipalities. WitlhOUt Iluunitonh tllCa ht:uCi:unlllty of tlht: foi't:goliCg' tlht: I'ai - ta. S INaA tAO ftfl'tlht:u tccllkinoC kIa dhi: and agi't:a: that tlht: Costs and t:xXpt.uC a:C ff tlht: Wflct:u fool, cakll uC- C aii yt:ai' 2022 has Iht:t::in of Cvlllll II„t: a tJirn11CC 1 5t:Cd to 1 IIglin by tlht: ainilC dlll IliWy c 11Id1 gt:Nfll„ka: by dlld IJdy- tc1lbkla to I: glin foil cakll Indau yt:ai 2022 and as otllCi:IIWIst: pi'ovIdtt: I fm In tlhi: 1 uua: h'aliCling Offlci:u Cost Slhai'Inh hu't:t:u-neint as u-nadt�c t: fa:ctIvt: JCkni; 1, .Ct 20, and uuC ICd1'b C 1d1 St:cU!0111 1,2 tlhi:i't-mf. 7.3 The Parties hereto further agree that, other than reimbursement of costs and expenses as set forth in section 7.2 above, Elgin shall not charge the local municipalities for delivery of ser- vices as contemplated by this Agreement by the Officer; provided at all times that Elgin slhallll be entitled to charge and shall invoice any local municipality, or combination thereof, for any ex- ternal cost or expense incurred by Elgin, through the Officer, as associated with the delivery of a service or services to any local municipality or municipalities, as the case may be, including but not limited to any cost or expense incurred for an outside consultant or service provider, but at all times which cost or expense had been authorized by the involved local Fire Chief or Fire Chiefs before such cost or expense has been incurred by Elgin through the Officer. 7.4 In the event that Elgin shall incur an external cost or expense as set forth in section 7.3 above, (i) Elgin shall deliver an invoice to each involved local municipality, which invoice shall include a photocopy of any documentation supporting the nature and amount of such external cost or expense, and each such local municipality shall pay the amount of such invoice to Elgin within thirty (30) days of its delivery; and, (ii) In the event that the external cost or expense invoiced by Elgin is associated with de- livery of a service to more than one local municipality, then the amount of such ex- ternal cost or expense shall be shared proportionally based upon participation by each of the involved local municipalities and the principal amount of any invoice is- sued by Elgin shall be in the amount of such proportional share. 8.0 Term 8.1 This Agreement shall commence and II„t:coirna t fia CtMva Upon the I"' day of................................................................. ..........................................................1 2022, but shall have no specific end date and, as such but subject to section 9.0 below, shall be of an indefinite term. 9.0 Termination/Suspension 9.1 Elgin shall be at liberty to terminate this Agreement at any time and without notice to any other Party hereto in the event that it no longer employs the Officer, which such termination 124 shall be without compensation payable by or liability against Elgin, save and except for credit for any unused share of the municipal levy paid by any other Party hereto in accordance with section 7.0 above as based upon number of days of any calendar year during which the Officer was no longer employed by Elgin. 9.2 Any Party hereto, other than Elgin, shall have no right to terminate or withdraw from this Agreement. 9.3 In addition to that set forth above and without compensation payable to or liability against Elgin, Elgin shall be at liberty to suspend the availability of the Officer to provide services as contemplated herein to any other one or combination of local municipalities hereto if Elgin, in its unfettered discretion, determines that the Officer has been the victim of harassment, unfair treatment, discrimination, or conduct constituting a violation of any term of employment or employment policy applicable to the Officer's employment by Elgin by any such one or combi- nation of local municipalities, which suspension shall be continued and/or terminated only in the discretion of Elgin. 9.4 Notwithstanding the rights and terms of termination and/or suspension as set forth in sec- tions 9.1 and 9.3 above, Elgin agrees and commits to use reasonable effort to provide prior no- tification of its decision to terminate and/or suspend the within Agreement to any involved lo- cal municipality or municipalities adversely affected by such decision. 10.0 Insurance/Save Harmless 10.1 Throughout the indefinite term that the within Agreement is in effect, Elgin shall ensure that the activities of the Officer as contemplated herein shall be insured in accordance with its practices for insuring its employees, including but not limited to liability coverage to a limit of not less than $5,000,000.00 per occurrence. 10.2 Throughout the indefinite term that the within Agreement is in effect and without preju- dice to the obligations of insurance as set forth in section 10.1 above, Elgin agrees to hold harmless and indemnify each of the other Parties hereto, as a local municipality and including but not limited to their respective Mayors, Councillors, administration, staff, employees, con- sultants, servants, agents, and contractors and further including those persons' heirs, execu- tors, successors, and assigns, against and in respect of any and all claims, causes of action, de- mands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such person or entity, or combination thereof, as arising from or in any way connected with or re- lated to any activity of the Officer as taken in bad faith or otherwise not in accordance with the provisions of this Agreement. 10.3 Throughout the indefinite term that the within Agreement is in effect and in relation to the activities of the Officer as contemplated herein, each local municipality as a Party hereto, namely Bayham, Dutton Dunwich, Malahide, Southwold, and West Elgin, shall, at its own ex- pense, obtain and maintain insurance coverages, including but not limited to liability insurance coverage, in accordance with its insuring practices for its own employees, servants, agents, con sultants, and contractors but at no time to a limit of less than $5,000,000.00 per occurrence, including but not limited as to perils covered, policy limits, deductibles, and exclusions, at all times providing that both Elgin and the individual Officer shall be named as additional insureds under the terms of such policy or policies. 10.4 Throughout the indefinite term that the within Agreement is in effect and without preju- dice to the obligations of insurance as set forth in section 10.3 above, each local municipality as a Party hereto, namely Bayham, Dutton Dunwich, Malahide, Southwold, West Elgin, Ca:nto all I:II- glin, and Ayhrnei,, also agrees to hold harmless and indemnify Elgin, including but not limited to its Warden, Councillors, administration, staff, employees, consultants, agents, contractors and servants, and the individual Officer acting as the Elgin Fire Training Officer/Community Emer- gency Management Coordinator and further including their respective heirs, executors, admin- istrators, successors, and assigns, as the case may be, against and in respect of all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or in- curred by any such entity or person or combination thereof as arising from or in any way `mi connected with or related to any activity by the Officer while performing services as contem- plated by and in accordance with this Agreement, providing at all times that the Officer was performing those services in good faith and in accordance with his or her abilities, experience, and education. 11.0 Release 11.1 Each local municipality, as a Party hereto, namely Bayham, Dutton Dunwich, Malahide, Southwold, West Elgin, Cta:intuall I:Ilglin, and yhurnei', hereby releases and forever discharges Elgin, including but not limited to its Warden, Councillors, administration, staff, employees, consult- ants, agents, contractors, and servants and further including their respective heirs, executors, administrators, successors, and assigns, against and in respect of all claims, causes of action, de mands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such entity or individual or any combination thereof as arising from or in any way connected with or related to any activity by the Officer while performing services as contemplated by this Agree- ment, providing at all times that the Officer was performing those services in good faith, in ac- cordance with his or her abilities, experience, and education, and in accordance with the provi- sions of this Agreement. 11.2 Each local municipality, as a Party hereto, namely, Bayham, Dutton Dunwich, Malahide, Southwold, West Elgin, Cta:intu all Iglin, and yhurnei', hereby releases and forever discharges the Officer, including his or her heirs, executors, administrators, successors, and assigns, as the case may be, against and in respect of all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such person or persons or combi- nation thereof as arising from or in any way connected with or related to any activity by the said Officer while performing services as contemplated by this Agreement, providing at all times that the Officer was performing those services in good faith, in accordance with his or her abilities, experience, and education, and in accordance with the provisions of this Agreement. 12.0 Miscellaneous 12.1 If any notice is required to be given pursuant to this Agreement, such notice shall be deliv- ered by mail, hand, or facsimile transmission to the following addresses: Elgin: Corporation of the County of Elgin c/o Chief Administrative Officer 4SO Sunset Drive, St. Thomas, Ontario, NSR SV1 Fax (S19)-633-7661 To Bayham at: S6169 Heritage Line P.O. Box 160 Straffordville, Ontario NOJ 1Y0 Fax (S19)866-3884 To Dutton/Dunwich at: 199 Currie Road Dutton, Ontario, NOL 1J0 Fax (S19)762-2278 To Malahide at: 87 John Street South Aylmer, Ontario, NSH 2C3 Fax(S19)773-5334 To Southwold at: 35663 Fingal Line Fingal, Ontario, NOL 11<0 Fax (S19)769-2837 To West Elgin at: 22413 Hoskins Line Rodney, Ontario NOL 2C0 Fax (S19)785-0644 126 �o tt:u tonll 1 glin tit° 4B1`> N SU11 i:t Joiiva St. �IIhornas, Ontaii,lay IS,'>It )V I < � X (,`)19)6 :1, 1-401b / �o Shurnei tit° CBE/ �allll„ot tot:tAwt/t St yhrnei', Ointnu oo 12.2 Nothing in this Agreement shall relieve the Parties from compliance with all applicable municipal by-laws, laws, and/or regulations having jurisdiction over any matter relevant to this Agreement. 12.3 This Agreement, including any Schedule annexed hereto and forming a part hereof, sets forth all the covenants, promises, agreements, conditions, and understandings between the Parties hereto and there are no other covenants, promises, agreements, conditions, or under- standings, either oral or in writing, between them with respect to the matters herein addressed other than as set forth herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties hereto un- less reduced to writing and signed by all of them. It is further understood and agreed that all of the agreements and provisions contained in this Agreement are to be construed as covenants on the part of all Parties hereto. 12.4 The failure of any Party at any time to require performance by another Party in respect of any matter addressed in this Agreement shall in no way affect its right thereafter to enforce that or any other obligation nor shall the waiver by any Party for the performance of any obliga- tion hereunder by any Party hereto be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at a later time. All Parties hereto retain their re- spective rights at law to enforce this Agreement. 12.5 Time shall be of the essence of this Agreement. Any time limit specified in this Agreement may be extended with the consent in writing of all Parties, but no such extension of time shall operate or be deemed to operate as an extension of any other time limit, and the time shall be determined to remain of the essence of this Agreement notwithstanding any extension of any time limit. 12.6 This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. 12.7 The headings, subheadings, and section, subsection, clause and paragraph numbers are inserted for convenience and reference only and shall not affect the construction or interpreta- tion of this Agreement. 12.8 This Agreement shall be construed with all changes in number and gender as may be re- quired by the context. 12.9 All obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants. 12.10 The Parties agree that all covenants and conditions contained in this Agreement shall be severable and that, should any covenant or condition in this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the remaining conditions and covenants and the remainder of the Agreement shall remain valid and not terminated thereby. 12.11 This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 13.0 Fundamental Conditions 13.1 This Agreement, and all terms, conditions, rights and entitlements, and/or duties and obli- gations hereunder, shall be subject to the following fundamental conditions: (a) prior to commencement of and throughout the indefinite term of this Agreement, Elgin shall secure and maintain any and all required delegations of power or duty from the Of- fice of the Fire Marshal so as to permit the Officer to legally provide the services con- templated by this Agreement; and, (b) during the indefinite term of this Agreement but subject to that set forth in section 9.1 above, all signing Parties hereto, including any successor municipal corporation or en- tity, shall be and remain a Party to this Agreement, failing which, at t11Ct: option of I IISiiin, this Agreement shall be deemed to be null and void and at an end without any claim or entitlement to compensation by or against any Party hereto, save and except for the right of Elgin to seek and require reimbursement by each of the other Parties hereto of their respective equal and proportionate shares of any costs and expenses incurred by Elgin as a result of a required termination of employment of the Officer. 14,0 ).a a urnuunatIoin Z t inc a IIII ctikm of 1'11du 1 uu a )..p CuuCuuCS 2LL!Ct u Cost t SIh ijin na uC.:t 14A .�.IICt.; I'ai tki; S IICa:utAO, u111CI kCHng Shurnei as a unon-contuac:tiling a Ullicipalllity as contt:u-npllatt:d tI1Ct:11t:iin„ ac llkna wkvl C gtt:, dcSu a:t:„ dlld CknCk-A'CtnnCi tlhdct„ C IJUI t1htt: Wv tllCuuC Su a:a:una:u t II„a axuniiuCS a.iia tovt: and coirnu-nenct:u-nent of tllCiu: �t:uurn IICiu:utMf, tlhdct ct:uL dIl I xa vucxCkC 1 uuau: �unuuCiiuCS WhCi:u toot SIhai Ing Su a::iu:u-neint as cxu ugilld fly tJftt:ntivi: Aflnt'. 1„ 2020, as airnenC tt:d, CIlhallll II„a. Ciau:iu:u-ned to II„a: ti:u - urnunatt:Cl and / of canciu:111ka:d and no Iloi Siu:u of IIau:Sv11 foi ct: and t fii t„ In allll do ptrt tC and conCiu:- CiCka.nUauS C ItlIIOUt IlIdIbiilliity adu coirnptt:inCatIoin tI1Ca:uiu: m" avi; and i:xct:Irt fm t1htt: o1blliigatIoll and ui:- CiCkout:u-nent iadu tu:a 11C Ilocalll urnCk1I1ic1IJd1l1itt„ WIlIt:tlIN-A CUItunctI1Ig011aCCdn-00IIto,1Ct11IgtI1Ct:11a:Ull lt:u„ to It:JirnllCC 'StCa I IlSiiuC iadu tI1 iu: CostC and t:xXpt:u ,Ct:C Of tIhta: Of iiCiu:u' CkIJ tad d lld u111CIUCiunS tlhtiu Circa: Of CCkcl1C Cia:t:u-ned tt:u urnlinatIoil and / adu Calinct:111IatIon. 15.0 Signature in Counterparts 15.1 This Agreement, including any associated agreements or documents required in connec- tion herewith, may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same Agreement. (1:3allai ciu: of I'agt?i I t:it 1311anik IuCtt:uCtIondcl111S) 128 IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals duly attested by their authorized signing officials or representatives this day of 2020. SIGNED, SEALED & DELIVERED in the presence of ) Corporation of the County of Elgin per: Name: mall I ut-uIndh Position: Warden per: Name: Julie Gonyou Position: CAO/Clerk We have authority to bind the Corporation The Corporation of the Municipality of Bayham per: Name: Edward Ketchabaw Position: Mayor per: Name: i iorn: s i Ihayei Position: CAO/Clerk We have authority to bind the Corporation The Corporation of the Municipality of Dutton/Dunwich per: Name: Robert Purcell Position: Mayor per: Name: Tracy Johnson Position: Treasurer/CAO We have authority to bind the Corporation 129 The Corporation of the Township of Malahide per: Name: David Mennill Position: Mayor per: Name: Adairn 1 etti:i,Idgi: Position: CAC/Clerk We have authority to bind the Corporation The Corporation of the Township of Southwold per: Name: Grant Jones Position: Mayor per: Name: Jeff cal wt-flIll Position: We have authority to bind the Corporation The Corporation of the Municipality of West Elgin per: Name: Duncan McPhail Position: Mayor per: Name: Magda Badura Position: CAO/Treasurer We have authority to bind the Corporation The Corporation of the Municipality of Central Elgin per: Name: Sally Martyn Position: Mayor per: Name: Paul Shipway 1 Position: CAO We have authority to bind the Corporation 130 The Corporation of the Town of Aylmer per: Name: Mary French Position: Mayor per: Name: Andy Grozelle Position: CAO We have authority to bind the Corporation 131 SCHEDULE "A" 1. Responsible for the development, coordination and delivery of all mandatory NFPA/provin- cial training and education programs for fire service personnel, including special teams. 2. Meets regularly with the Fire Chiefs and/or local volunteer training offffiic eirs ffoir Ilocall irT)Uir iic - pallirrLiies to coordinate and plan the development of required training and education programs. 3. Assists local fire services with development of individualized annual training plans to be de- livered at local training nights by qualified instructors. 4. Monitors and evaluates the impact of training and educational programs in conjunction with Fire Chiefs and/or local volunteer training officers ffoir Ilocall irT)Uir7fio, 1pallfffiies. S. Prepares and manages budgets associated with training and education of fire service person- nel. Works with Finance to ensure appropriate invoicing to respective Ilocall irT)Uir7fio, 1pallfffiies. 6. Receives and/or maintains accurate training records on all fire service personnel, including records of special teams. 7. Provides regular training status updates, including compliance and re -certification status 132 Effective Date: 12022 Corporation of the County of Elgin The Corporation of the Municipality of Bayham The Corporation of the Municipality of Dutton/Dunwich The Corporation of the Township of Malahide The Corporation of the Township of Southwold The Corporation of the Municipality of West Elgin f Iht-: C a'suqjoi at'hsu1 of tlha-: UII ICIuJdllilty Of Ct-:Il call I:Ilgiiu f Iha: C a'sigjou at'hsu1 of tlha-: Cowin of hurnei Fire Training Officer Cost Sharing Agreement Stephen H. Gibson 4S0 Sunset Drive St. Thomas, ON NSR SV1 County Solicitor 133 rot!,r ssiv by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: July 21, 2022 SUBJECT: Community Emergency Management Support for Local Municipal Partners THAT County Council approve the precedent Agreement for the provision of Community Emergency Management Coordinator (CEMC) Services to Elgin's Local Municipal Partners; and, THAT the precedent Agreement for the provision of Community Emergency Management Coordinator (CEMC) Services be circulated to Elgin's Local Municipal Partners for consideration; and, THAT upon receipt of a duly executed agreement from interested Local Municipal Partners, County Council hereby authorizes the Warden and Chief Administrative Officer to execute the precedent Agreement for the provision of Community Emergency Management Coordinator (CEMC) Services. INTRODUCTION: The County's Emergency Management Services Shared Services Pilot program began in the fall of 2020. Many Local Municipal Partners (LMPs) have expressed an interest in entering into a formalized Agreement for the provision of Community Emergency Management Coordinator (CEMC) Services. The purpose of this report is to present and seek Council's approval for the proposed precedent Agreement for CEMC Services to constituent Local Municipal Partners. Changes from the formatted pilot project Agreement for such Services are indicated in red. DISCUSSION: The County has a shared interest with its Local Municipal Partners (LMPs) to make Elgin County as safe as possible, which includes being prepared to manage emergencies in our community. The County's Community Emergency Management Coordinator (CEMC) has the primary responsibility and accountability for developing, 134 2 implementing and maintaining the municipal emergency management programs for Elgin County. These programs are geared towards prevention, response and recovery of emergencies that could have impacts on our community. In 2019, Elgin County established a new position "Community Emergency Management Coordinator/Fire Training Officer" to support Fire Training needs of Elgin's constituent municipalities along with the County's Emergency Management Program. This position has since evolved into a Manager of Emergency Management role with designated responsibilities as the County's Fire Training Officer and Community Emergency Management Coordinator (CEMC). In 2021, Council approved enhanced support for this function with a dedicated role of Emergency Management Program Coordinator. Principle responsibilities of the County's CEMC include the following: • Develops, co-ordinates, manages and evaluates community emergency planning while ensuring compliance with the Emergency Management and Civil Protection Act. • Establishes, maintains and updates an Emergency Program for the County of Elgin, and partner LMPs. • Ensures effective Emergency Operations Centre (EOC) is in place at the County Administration Building, and partner LMPs as required. • Ensures that the County and partner LMPs are within compliance with Emergency Management and the Annual Maintenance checklist, developed from the Emergency Management and Civil Protection Act. • Co-ordinates an annual exercise to evaluate the County's Emergency Response Plan, and partner LMPs. • Conducts an annual review of the County's and partner LMPs' Emergency Management Plans. • Successfully completes all training as required by Emergency Management Ontario and maintains familiarity at all times with current standards and legislated community accountabilities, ensuring that senior management and elected officials are kept aware of any changes. • Conducts a Hazard Identification and Risk Assessment process for the County and liaises with LMPs. • Hosts regular meetings with the CEMCs within Elgin County to co-ordinate and streamline emergency management across the County, and partner LMPs. • Co-ordinates annual training for the members of the County Control Group and Emergency Operations Centre staff, and partner LMPs. • Assesses the County's and partner LMPs Emergency Management Plan to ensure it is compliant with relevant legislation. • Maintains familiarity at all times with current standards and legislated community accountabilities. • Ensures that senior management for both the County and partner LMPs are kept aware of any changes in federal, provincial, and municipal responsibilities in areas of Emergency Management. • Assesses and advises senior management (County and partner LMPs) on need for coordination with on agencies, departments, and committees pertaining to Emergency Management. 135 3 • Establishes and maintains adequate files, records, and correspondence relating to Emergency Management. • Establishes an Emergency Management Program Committee (EMPC) for Elgin County and partner LMPs, and holds regular meetings. Elgin County and LMPs explore ways to find efficiencies on an ongoing basis. In 2020, Elgin County began providing emergency management program support for interested municipalities through a shared service pilot. Providing emergency management services to partner municipalities achieves cost savings for LMPs and supports a standardized approach to emergency management across the County. The County's CEMC works with the Community Emergency Management Program Committee of the LMPs and the County supports the development of a municipal emergency management program for the municipality. Developing common and complementary emergency programs and plans, as suggested by the Emergency Management and Civil Protection Act, would provide the greatest support to the emergency programs across the County, while minimizing the need to develop municipality specific, unique programs and processes. Recognizing that emergencies do not respect municipal boundaries, an example of a County CEMC supporting and shared amongst the constituent municipalities can be found in Middlesex County. In Middlesex County, the County CEMC provides services for each of its eight (8) lower tier municipalities. Each municipality has its own Emergency Management Program Committee that works with the County CEMC to oversee the development, implementation and maintenance of the local emergency management program. Commonality and uniformity of emergency plans and programs throughout the County permits a very fluid support response during an emergency, as all members are trained the same, regardless of which municipality they are actually employed by. The County CEMC in Middlesex has the additional task of developing and maintaining hazard specific response plans. Within these hazard specific response plans, the local interests and needs are acknowledged and accounted for in the emergency planning. Further, the effectiveness of consistent programs, policies and public engagement has been noticed during the joint Emergency Operations Centre (EOC) activities and coordinated media releases that have occurred during the COVID-19 response. The utilization of the joint EOC to discuss and make consensus -based decisions has aided in the development of common policies throughout the County. The use of joint media releases has further enhanced the impact of our messaging, as well as enhanced the general public's trust in their local government's response to the pandemic. Staff recognize the benefits of the joint EOC operations for the pandemic response and anticipate that the positive effects of these synergistic approaches to emergency 136 0 management will continue with the CEMC shared service between the County and interested LMPs. FINANCIAL IMPLICATIONS: The Agreement contemplates an annual fee of $5,000, exclusive of applicable taxes but subject to additional reimbursement of the expenses and costs as set forth in section 8.3 of the Agreement. It is anticipated that the annual fee paid by Local Municipal Partners will offset 50% of the costs associated with the Emergency Management Program Coordinator position. Given that the CEMC/Fire Training Officer is currently developing all materials with the anticipation of sharing with our LMPs, the actual time spent supporting the unique needs of each LMPs represents 50% of the Emergency Management Program Coordinator's time under routine operating conditions. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and facilitating commercial, services with community industrial, residential, need. and agricultural growth. ® Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Comments: ❑ Fostering a healthy environment. ❑ Enhancing quality of place. Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Given the increased demands on municipalities to comply with legislation and develop robust emergency management programs, it can be difficult for municipalities to adequately staff and support the emergency management function. Formalizing a Shared Service Agreement for the provision of emergency management services is a great way for Elgin County to support and work closely with its LMPs. 137 INICIPAL PARTNER IMPACT: It is recommended that the Agreement, if approved by County Council, be sent to all LMPs for consideration. COMMUNICATION REQUIREMENTS: Information regarding the Shared Service for the provision of Emergency Management Services along with an invitation to participate will be shared with all LMPs. CONCLUSION: Providing this service to interested LMPs is a logical extension of the County's CEMC program and supports a coordinated and efficient approach to supporting our community's emergency management needs. All of which is Respectfully Submitted Approved for Submission Julie Gonyou Chief Administrative Officer 5 138 This Agreement made effective this cite of 2022. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN (hereinafter "Elgin") Of The First Part (1'I OI:)1 It CG RI:)ORAt 1..! NAM[ 01: 1 OWI:;'R � II R ivCUNIC11:' I I � C) (hereinafter "(INairne Of IMUIIICIu J clliit )") Of the Second Part WHEREAS the Emergency Management and Civil Protection Act, R.S.O. 1990, Chap. E. 9., as amended (the "Act"), requires every municipality within the Province of Ontario to develop and implement an emergency management program and the Council of each such municipality to by by-law adopt that emergency management program. AND WHEREAS any such emergency management program includes, amongst other elements, an emergency management plan, training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and necessary activities, and public education on risks to public safety and on public preparedness for emergencies; AND WHEREAS the Act further contemplates both that every municipality shall conduct training programs and exercises to ensure the readiness of employees of the municipality and other persons to act under the emergency plan formulated, developed and implemented by the municipality and that the municipality shall review and, if necessary, revise its emergency plan 011 ,cul dIlIlUdIll IIbd S 5; AND WHEREAS the Act also contemplates that the Council of a County, as an upper -tier municipality, may, with the consent of the Council(s) of cent: m urnk a: Iloc dell a U11 iic iilJd1llitka: situated within the County, co-ordinate and assist in the formulation of emergency plans by such lower tier a U11 1 o Jd1llity M municipalities, in satisfaction of the statutory obligation referenced above; AND WHEREAS Elgin has employed and appointed a Fire Training Officer/Community Emergency Management Co-Ordinator (hereinafter "Officer") to not only develop and implement an emergency management program for Elgin but also to serve as a resource person qualified and able, among other things, to assist in the dtt:vtdopirneint„ iiunl Ila una a tntuacN and co- ordination of an emergency management program for lower tier municipalities situated within the territorial limits of Elgin County; AND WHEREAS„ by It S C OWI 1111„ (INdIrne Of I` U11 iic iipallliit ), as a lower tier municipality situated within the territorial limits of Elgin County, has indicated a desire to utilize the services of the Officer to develop and implement an emergency management program foi its own municipality and as co-ordinated with the emergency management program of Elgin; AND WHEREAS Elgin is prepared to make the services of the Officer available to (Nairn : of MUIIICIi J,clliit ) for such purposes; AND WHEREAS the Municipal Act, 2001, S.O. 2001, Chap. 2S, as amended, contemplates and provides for agreements between municipalities for the provision of services which each involved municipality is required to deliver and provide within its own territorial limits; AND WHEREAS Elgin and (INairne Of I` U11 iic:ipallliit ) have reached consensus and agreement as to the terms and conditions by which the Officer shall provide assistance to (Nairn : of 139 UII ICIi J,clliit) in the development, implementation, and co-ordination of an emergency management program within its own territorial limits; AND WHEREAS Elgin and (INairne Of I U11 iic:ipallliit ) wish to reduce the said terms and conditions of such consensus and agreement to writing. NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now paid by the Parties hereto each to the other and the mutual promises and covenants hereinafter contained, the receipt and/or sufficiency of which c on s dtia a atkm is hereby ui o a::voc all„U acknowledged, the Parties hereto agree and covenant as follows: 1.0 Definitions 1.1 "Emergency Management Program" means a program developed pursuant to and for the purposes contemplated by the Emergency Management and Civil Protection Act, R.S.O. 1990, Chap. E. 9, as amended (the "Act"). 1.2 "Officer" means the Fire Training Officer/Community Emergency Management Co- ordinator employed by Elgin and thereafter utilized from time to time by airnoing st oth ti:i a:ultiitua. S„ tlhti: C011 tltUta:int Ilocalll a U11 iic IlJdIllutka:s wv tllhlin tllha: tt:uin,Itoi Dahl Iliiunit s of I:Ilgill f oUlIt through provision of assistance in the development, implementation, and co-ordination of a local emergency management program. 1.3 "(I" airne Of IMUIIIICIu J lllty)" 011 "I UIIIiic:iil dllilt " means of poi att� , INairne of I oc alll UII ICIuJdclliit ). 2.0 Term 2.1 This Agreement shall commence and be deemed effective on the day of 2022, and, unless otherwise terminated early in accordance with the terms and conditions hereof, shall expire and end on the XXXX day of 202 (hereinafter "Term"). 3.0 Appointment and General Statement of Services 3.1 During the Term that this Agreement is in effect, but at all times in its unfettered discretion, Elgin will employ and appoint the Officer, whose express duties shall include, as generally stated and amongst others, rendering assistance to the (Municipality in the development, implementation, and co-ordination of an emergency management program within the territorial limits of tllhi: (Municipality. 3.2 During the Term of this Agreement, (("mane Of I UII iiCIu J hilt ) shall appoint and maintain the appointment of the Officer as the Community Emergency Management Co-Ordinator for such (Municipality, such appointment to be made by by-law, and the Officer shall thereafter have the rights, privileges, and obligations of such Officer within such local (Municipality. 4.0 Services 4.1 For purposes of this Agreement, the Officer, as the local Community Emergency Management Co-Ordinator, shall provide the services set forth in Schedule "A" hereto to (("mane Of I UII ICIu Jdlliit ). S.0 Limitation on Service Hours S.1 Subject to contrary direction from the Chief Administrative Officer for Elgin for reason of, among other things, statutory holidays, authorized vacation, and/or competing service priorities, the Officer shall be available to provide services to (INairne Of I UII iICIu Jdlliit ) for up to (IIUirnllba;u.) ( A) hours per week, between the hours of 8:30 AM and 4:30 PM, daily. 140 6.0 Monitoring of and Reporting by the Officer 6.1 Subject to that set forth in section 6.2 below, (I airne Of It/ U1I1c: IJd1liith( specifically acknowledges and agrees that, as an employee of Elgin, the primary reporting function and supervision requirement for the Officer is to the Chief Administrative Officer for Elgin. 6.2 Notwithstanding that set forth in section 6.1 above, the Parties hereto specifically agree that, for purposes of this Agreement and the provision of Services as contemplated hereunder, the relevant activities of the Officer shall be monitored by tll ta: C kla i k foi tll ti: S'I Ck uC i1 c ii ICdc II iitS. 7.0 Records 7.1 The Officer shall create and maintain records detailing his or her activities as contemplated by this Agreement, including but not limited to those required by the Act or any other statute, regulation, or by-law and/or as otherwise detailing the hours of work devoted to the benefit of, or on behalf of, (I mane of IMU1111c:ipallliith( during any specific workday. 7.2 The records referred to in section 7.1 above shall be maintained by Elgin in accordance with its retention policies and protocols and, furthermore and upon reasonable notice, (INairne of MU1I1dIJdc1l1itS( shall have access to such records upon demand and during normal business hours of Elgin and, further thereto, (I mane Of It/ U1I1ic iiIJd1iitS( shall be permitted to photocopy any such record relating to the services rendered by the Officer to (I mane of It/ U1I1ic iilxtclliith(. 7.3 In addition to the creation and maintenance of records by the Officer and Elgin as set forth in sections 7.1 and 7.2 above, (I mane of I" U1I1c: IJd1liith(, through its Clerk, may maintain its own records of services delivered by the Officer as local Community Emergency Management Co-Ordinator, including but not limited to the results of training and education programs and any certification achieved or earned by any individual employee of the (Municipality. 8.0 Payment for Services Through Levy 8.1 SCxll„la�Ct tax tlht: Ir<cyMtn uxt 0111 lliihntIon StA fool tlh In Ca:ctIoi s h.:i„ h. u„ and 8A II„i:llow, tll ti: Parties hereto acknowledge and agree that all costs and expenses associated with employment of the Officer for purposes of delivery of services as contemplated by this Agreement shall be borne, in the first instance, by Elgin. 8.2 � Ihi: I'dl tka: S ftfl Llht:u agi t:t: that, In con ldtlt untIoil fool ICii ovIsIoit of tll is Sa.uvoct:s cointi:u-npllatt: CS this Agi'i:t:u-neint foi t:acllh cakll Indau Yt:tai C U1 I1Ig It S �i:u°rn„ (I mane Of I`v U1I1iciilxtclluty( Shdllll Ijay tad l'IISuuC ,d1l dIlIlU,dll ia.;t; of I I` I: � 1-I110USINN I:` 01 I ARS ($.`), BCBCB.SS}„ x:,xs IUSIVa: Of , ppll!Call kll taXti: S II„Ut 501xl t tcx t ddltoCMnalll u a iiunllCCxu Ca una u t of tlha. t:Xptt:1115tt: s and Costs as tt:t folitlh In Ct:ctloin h.:i II„a:llow and C WCx d lld IJdyallbka:, 1111 d dV,111 ci:„ oll oll IbtJoi t: Dect:u-n11„i:i 1 adi t:a llx yt:ai' Of SUCIII � t�:i'rn, pi ov'IC tt:d Fcxu'tlht:o tlhdt, Fade tlht�: II„allainct. of c:alkC� inC ai ytaai 2022 icxllllowIIing tllhx, I FFi:c tivt: Data. Iha:I't cxF and In coo Idtli a ntIoil fm I ovIsIoil of tlht: Sa:u°vlc ta: s contt:u-npllatt:Cd by this Agi a: ti:irneint foi, SUCh Ina"i'IoCl of th-ne, (I mane Of Itt U1I1c 1IJdclluty( Shdcllll I dy tax I' IISuuC tlhi, L u axl axu LuaxuCd�tta.shai'C. Of tlht�: ,Ctdld Uirn of I I` I: � 1-I110USINN D01 I ARS ($`),00 B4O0) foi SUCII pi:i Iod of th-ne, C WCx dlld paya1lbka:' In advnu ci:„ on tlhi: day pl oil to tlhi: I fft:ctIva: I att:: ofthis gIta,t;rn putt. 8.3 � Il ti: I'tcu tka: s all so agi,t:a: that, 11111 add to tlht: tcIII III Cxdcll Ft:t: f011 Sa.0 vnc t:,s as tt:t fo11 Lllx uuC stt: tkm h.:i allbovt:, I:IISuin CIlhallll Ilbtt: t:Intltlka:d to cllC:cuSa; and uinvolctt: (I mane Of I"v U1111c:ipallliity(„ allointi: oll In cornlblinatIon C Itlh any otlhi:u t:Iltiity, iiuxc:IICxCHIlIg IbUt a of uxa.ct:Cssau°Illy Ililirniitt:d to any otllxi:u,. rnU1I1 1IJd 11 C011 I U ItI0111, IICt:IiIt lthng tlht:I tJii oirn„ foi any t:xtt:i nalll tlhli CI-�pai LS C�xpta:in tt: oi, cost At IICUI oa:d by I IISuuC„ tlhuOUgh tlht: OFFiici.u„ dS tc550datt:d C Itlh tlhi. Ckdlvi:u°y of a i:uvnct: oll Si:u°voc ta:s to (I mane Of I` U1I11dIJd11th( CxN CCxcl1C cxtlht:u t:intoty„ as tllCa. cacti: a may II„i:„ u111CIICxCHIlIg IbUt not Illirnitt:d to any i:xlra.0 5ti; cxu C05t iiIICUI o a:d f0l d1l OUtCIdta: CUTS xlIM111t oll Ci:u voc ta: pi'ovoC ti:11„ 141 bcat tat tallll to-na s which t:xpt-N I t-: oll Cost shdallll Il t-: taUtlIIU Zt-:d by (IN airne Of IMUIIiICIN Jdlliith) rand any otlhi:u canto tactiling t:ntiity II„tJON°-; Sckcll aNxl a.0 a.: M caa 5t IlId S Ilbt:t:n iiIICUI R-:d by 1 Ilgill tlhl'OUSlh tlhi: Offs :iA', 8.4 In the event that Elgin shall incur an external tlhou d-p au-th expense of cost as set forth in section 8.3 above, (i) Elgin shall deliver an invoice to each involved contracting t:intlty, one IlcaclonS Ihcat a 0t lirniitiNd to (IN ao-ne Of I" Uli ic:ipallliit ), which invoice shall include a photocopy of any documentation supporting the nature and amount of such external expense of cost, and each such t:intlth, onc:llckcliing II„Ut a of IllirnitiNd to (IN airne Of IttUIIICIoJ alliith)„ shall pay the amount of such invoice to Elgin within thirty (30) days of its delivery; and, (ii) In the event that the external tlhou d-p ao Ly t:xpt-.i t-: of cost invoiced by Elgin is associated with delivery of a Service to more than one contracting t-:iltoty„ iinc IIUCHinS hckt a of IllirniitiNd to (IN airne Of Itt UIIICIo J alliith), then the amount of such external t-:xpt-:i t-; of cost shall be shared proportionally based upon participation by each involved t:Intiity aaN a u tltoa „ iinc IIUCHnS (IN ao-ne Of IMUniic iip alliith)„ and the principal amount of any invoice issued by Elgin shall be in the amount of such proportional share. 9.0 Termination/Suspension 9.1 Elgin shall be at liberty to terminate this Agreement at any time and without notice to (IN airne Of Itt UIIICIo J alliith) in the event that it no longer employs the Officer, which such termination shall be without compensation payable by or liability against Elgin, save and except for a°a uunlh ku, a unaNu t Of tans UIIU t-:d IJU LlIMI Of tlht: dIlIlU all it -;a; p ald by (IN ao-ne of `atflcanoCIo Jdalliity) taa I:IISilin in accordance with section 8.2 above and as based upon number of days of tlht-: tlht:ua c cau'o a:nt calendar year during which the Officer was of M111l no longer II„i: employed by Elgin. 9.2 (IN airne Of Itt UIIICIo J alliity) shall have no right to terminate or withdraw from this Agreement„ dVti rand iN -:lJt ck JUI Wl ottio:ua a otic io: of !its iiintt:Intacua to do o cla:Ilovt-:I't:d to I:Ilglin no II<ati:u tlhdain Oc:toll„i:u 31 of any cdalk-:nd ao yt: au that tlht: Mtlhilin Agi t-:t-:irneint !is in t:iia::ct and to II„i: a:iiiNCtMa caJMI Dect-linllbt:u : 1 of tll t-N s airne c:dalla:uncitai yt-tao Mtlhoua Which that a otoct: Was cl id iivt-: u° t-:d. 9.3 In addition to that set forth above and without compensation payable to or liability against Elgin, Elgin shall be at liberty to suspend the availability of the Officer to provide services as contemplated herein to (IN airne Of IMUliaoc: p alliith) if Elgin, in its unfettered discretion, determines that the Officer has been the victim of harassment, unfair treatment, discrimination, or conduct constituting a violation of any term of employment or employment policy applicable to the Officer's employment by Elgin by (IN ao-n N of `atflcanoCIo Jdalliity), which suspension shall be continued and/or terminated only in the discretion of Elgin. 9.4 Notwithstanding the rights and terms of termination and/or suspension as set forth in sections 9.1 and 9.3 above, Elgin agrees and commits to use reasonable effort to provide prior notification of its decision to terminate and/or suspend the within Agreement to (IN airne Of Itt UIIIc I lJdlloty) to s <a 1'tai,Ly adversely affected by such decision. 10.0 Insurance/Save Harmless 10.1 Throughout the Term that the within Agreement is in effect, Elgin shall ensure that the activities of the Officer as contemplated herein shall be insured in accordance with its practices for insuring its employees, including but not limited to liability coverage to a limit of not less than $5,000,000.00 per occurrence. 142 10.2 Throughout the Term that the within Agreement is in effect and without prejudice to the obligations of insurance as set forth in section 10.1 above, Elgin agrees to hold harmless and indemnify (INairne Of I UII ICIu jalliit ( and including but not limited to !its respective Mayor, Councillors, administration, staff, employees, consultants, servants, agents, and contractors and further including those persons' heirs, executors, successors, and assigns, against and in respect of any and all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such person or entity, or combination thereof, as arising from or in any way connected with or related to any activity of the Officer as taken in bad faith or otherwise not in accordance with the provisions of this Agreement. 10.3 Throughout the Term that the within Agreement is in effect and in relation to the activities of the Officer as contemplated herein„ (INairne Of I UII ICIu Jdlliit ( shall, at its own expense, obtain and maintain insurance coverages, including but not limited to liability insurance coverage, in accordance with its insuring practices for its own employees, servants, agents, consultants, and contractors but at no time to a limit of less than $5,000,000.00 per occurrence, including but not limited as to perils covered, policy limits, deductibles, and exclusions, at all times providing that both Elgin and the individual Officer shall be named as additional insureds under the terms of such policy or policies. 10.4 Throughout the Term that the within Agreement is in effect and without prejudice to the obligations of insurance as set forth in section 10.3 above, (INairne Of U11 iic iipallliit ( also agrees to hold harmless and indemnify Elgin, including but not limited to its Warden, Councillors, administration, staff, employees, consultants, agents, contractors and servants, and the individual Officer acting as the Elgin and (INairne Of UII iI iIlJdlliit ( Community Emergency Management Co-ordinator and further including their respective heirs, executors, administrators, successors, and assigns, as the case may be, against and in respect of all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such entity or person or combination thereof as arising from or in any way connected with or related to any activity by the Officer while performing services as contemplated by and in accordance with this Agreement, providing at all times that the Officer was performing those services in good faith and in accordance with his or her abilities, experience, and education. 11.0 Release 11.1 (INairne Of I UII ICIu Jdlliit ( hereby releases and forever discharges Elgin, including but not limited to its Warden, Councillors, administration, staff, employees, consultants, agents, contractors, and servants and further including their respective heirs, executors, administrators, successors, and assigns, against and in respect of all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such entity or individual or any combination thereof as arising from or in any way connected with or related to any activity by the Officer while performing services as contemplated by this Agreement, providing at all times that the Officer was performing those services in good faith, in accordance with his or her abilities, experience, and education, and in accordance with the provisions of this Agreement. 11.2 (INairne Of I UII ICIu Jdlliit ( hereby releases and forever discharges the Officer, including his or her heirs, executors, administrators, successors, and assigns, as the case may be, against and in respect of all claims, causes of action, demands, suits, debts, dues, and/or costs, including legal costs, suffered or incurred by any such person or persons or combination thereof as arising from or in any way connected with or related to any activity by the said Officer while performing services as contemplated by this Agreement, providing at all times that the Officer was performing those services in good faith, in accordance with his or her abilities, experience, and education, and in accordance with the provisions of this Agreement. 143 12.0 Miscellaneous 12.1 If any notice is required to be given pursuant to this Agreement, such notice shall be delivered by mail, hand, or facsimile transmission to the following addresses: To Elgin at: 4S0 Sunset Drive, St. Thomas, Ontario, NSR SV1 Fax(S19)-633-7661 To (INairne Of IMU11 uc:ipallliit ) at: (I U11111c 11prt 11 A dd I a: ss) Fax: 12.2 Nothing in this Agreement shall relieve the Parties from compliance with all applicable municipal by-laws, laws, and/or regulations having jurisdiction over any matter relevant to this Agreement. 12.3 This Agreement, including any Schedule annexed hereto and forming a part hereof, sets forth all the covenants, promises, agreements, conditions, and understandings between the Parties hereto and there are no other covenants, promises, agreements, conditions, or understandings, either oral or in writing, between them with respect to the matters herein addressed other than as set forth herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties hereto unless reduced to writing and signed by them. It is further understood and agreed that all of the agreements and provisions contained in this Agreement are to be construed as covenants on the part of all Parties hereto. 12.4 The failure of t-Jtlhi:u Party Iht:u tAo at any time to require performance by tllhi: other Party in respect of any matter addressed in this Agreement shall in no way affect its right thereafter to enforce that or any other obligation nor shall the waiver by eltlhi:u' Party hi:u tAo for the performance of any obligation hereunder by tllht: otllhi:u' Party hereto be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at a later time. I13otlht Parties hereto retain their respective rights at law to enforce this Agreement. 12.5 Time shall be of the essence of this Agreement. Any time limit specified in this Agreement may be extended with the consent in writing of Iboth Parties, but no such extension of time shall operate or be deemed to operate as an extension of any other time limit, and the time shall be determined to remain of the essence of this Agreement notwithstanding any extension of any time limit. 12.6 This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. 12.7 The headings, subheadings, and section, subsection, clause and paragraph numbers are inserted for convenience and reference only and shall not affect the construction or interpretation of this Agreement. 12.8 This Agreement shall be construed with all changes in number and gender as may be required by the context. 12.9 All obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants. 12.10 The Parties agree that all covenants and conditions contained in this Agreement shall be severable and that, should any covenant or condition in this Agreement be declared 144 invalid or unenforceable by a court of competent jurisdiction, the remaining conditions and covenants and the remainder of the Agreement shall remain valid and not terminated thereby. 12.11 This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 13.0 Signature in Counterparts 13.1 This Agreement, including any associated agreements or documents required in connection herewith, may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals duly attested by their authorized signing officials or representatives this day of 2022. SIGNED, SEALED & DELIVERED ) Corporation of the County of Elgin in the presence of ) per: Name: Mary French Position: Warden per: Name: Julie Gonyou Position: CAO/Clerk We have authority to bind the Corporation (11,lropeum Corporate IlNainrue of Localll IlMuunicipallliity) per: Name: Position: Mayor per: Name: Position: Chlt-:fAdirnilinis atiIM t iiii auu/Cgauu°hc We have authority to bind the Corporation 145 SCHEDULE "A" Scope of Services • Advise Municipal Council, through the Chief Administrative Officer/Clerk, on matters related to emergency management, including but not limited to design, preparation, and implementation of emergency management program • Prepare and supervise public education programs relating to risks to public safety and public preparedness for emergencies • Prepare and supervise training programs and exercises for employees of the municipality and other associated persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities • If necessary, design and prepare an Emergency Response Plan for the municipality and/or otherwise conduct an annual review of the existing local Emergency Response Plan and recommend any necessary revisions thereto • Support and participate in meetings of the Emergency Management Program Committee for the municipality • Assist the municipality to achieve compliance with obligations pursuant to the Emergency Management and Civil Protection Act (Ontario), including but not limited to: o creation/maintenance of Hazard Identifications and Risk Assessment List o creation/maintenance of Critical Infrastructure List o preparation and submission of compliance documentation to Emergency Management Ontario Subject to any recognized and declared conflict of interest with role as Community Emergency Management Co-Ordinator for Elgin County and in the event of activation of Emergency Operations Centre, o attend at Emergency Operations Centre as local Community Emergency Management Co-Ordinator o perform functions as local Community Emergency Management Co-Ordinator as detailed in the Emergency Response Plan o as necessary and/or required, provide support to any municipal emergency response. 1 i a'Ctiva Datt'.:.........................................M.:2.02 Corporation of the County of Elgin - and - (I'u a�lra:u t a�u prcxN nta, "mane of I ocalll UII ICIuJdllilt ) Community Emergency Management Coordinator Agreement Stephen H. Gibson 4S0 Sunset Drive St. Thomas, ON NSR SV1 County Solicitor 147 CORRESPONDENCE —July26, 2022 Items for Information — (Attached) Response from Inspector Mark Loucas, Elgin OPP to the County's request for the Elgin OPP to conduct speed and traffic counts on Ron McNeil Line at the west village limit in the Village of Springfield. From: Loucas, Mark (OPP) < „a.Ir ..Le��u�;:�.`..��_p.I, .jo:.�,„�> Sent: July 14, 2022 8:41 PM To: Katherine Thompson <ktho.rnl��r lr r„I„ i„ir.c > Cc: Holmes, Tyler (OPP)<.r...!::.:..p...!:p:.:....p..l..l..:.�::? Subject: Correspondence Re: Speeds on Ron McNeil Line in Malahide Township This email originated from outside of your organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening Katherine, Thank you for your email and the attachments. Please be advised that we will create a "focus patrol" initiative for this location to track our patrols and enforcement of the area. Additionally, I will assign members of our Traffic Management Unit to conduct high visibility patrols/enforcement of the area. Warmest regards, Mark Mark Loucas Inspector Detachment Commander Elgin County Detachment ONTARIO PROVINCIAL POLICE 42696 John Wise Line St. Thomas, ON N5P 3S9 149 d �r ns MFlpY by N'W"o Inspector Mark Loucas Detachment Commander Elgin County OPP 42696 John Wise Line, St Thomas, ON N5P 3S9 July 14, 2022 Re: Speed and Traffic Counts on Ron McNeil Line Dear Inspector Loucas, At its meeting held on June 28, 2022 Elgin County Council passed the following resolution in response to the Township of Malahide's request to conduct speed and traffic counts on Ron McNeil Line at the west village limit in the Village of Springfield: "Moved by: Councillor Mennill Seconded by. Councillor Giguere RESOLVED THAT the report titled "Request to Extend Reduced Speed Zone —Village of Springfield" dated June 20, 2022 from the General Manager of Engineering, Planning, & Enterprise/Deputy CAO and Manager of Transportation Services be received and filed; and THAT the Ontario Provincial Police be informed of the recent traffic study results and request that they deploy targeted enforcement activities as resources permit. -Carried." The County of Elgin respectfully requests that, as resources permit, the OPP provide targeted speed enforcement on Ron McNeil Line at the west village limit of Springfield. The report titled "Request to Extend Reduced Speed Zone — Village of Springfield" is attached for reference. If you have any questions please feel free to contact me at zp (,,,,,,.,,; Sincerely, Brian Lima General Manager of Engineering, Planning, & Enterprise (EPE) /Deputy CAO 150 CLOSED MEETING AGENDA July 26, 2022 Staff Reports: 1) Director of Information Technology Services — Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal orlocal board employees— Contract Extension 2) Chief Administrative Officer — Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update 3) Chief Administrative Officer — Municipal Act Section 239 (2) (a) the security of the property of the municipality or local board — Security of Property 4) Chief Administrative Officer — Municipal Act Section 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Contract Negotiations 5) Chief Administrative Officer — Municipal Act Section 239 (2) (a) the security of the property of the municipality or local board; (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations to be carried on by or on behalf of the municipality or local board — Property Matter (Walk -On) 6) Chief Administrative Officer — Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update (walk-on) 7) General Manager of Engineering, Planning & Enterprise/Deputy CAO — Municipal Act Section 239 (2) (a) the security of the property of the municipalityor local board; (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations to be carried on by or on behalf of the municipality or local board — Property Matter (Walk - On) 151 COUNTY OF ELGIN By -Law No. 22-34 "BEING A BY-LAW TO DELEGATE AUTHORITY TO THE CHIEF ADMINISTRATIVE OFFICER TO ACT IN THE EVENT THAT THE COUNCIL'S ACTIONS BECOME RESTRICTED UNDER SECTION 275 OF THE MUNICIPAL ACT, 2001." WHEREAS Section 5(3) of the Municipal Act, 2001, c. 25, as amended or replaced (the "Municipal Act, 2001"), authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREAS Sections 224(d) and 224(e) of the Municipal Act, 2001, c. 25, as amended, provide that it is the role of council to ensure that administrative practices and procedures are in place to implement the decisions of council and to maintain the financial integrity of the municipality; AND WHEREAS Section 275(1) and 275(5) of the Municipal Act, 2001, c. 25 as amended, restricts the actions of a council of an upper -tier municipality after the first day during the election period that it can be determined that the new council will include less than three-quarters of the members of the outgoing council; AND WHEREAS if the criteria of Section 275(1) and 275(5) are met, then Section 275(3) of the Municipal Act, 2001, c.25, restricts Council from taking action on the following: a) The appointment or removal from office of any officer of the municipality; b) The hiring or dismissal of any employee of the municipality; c) The disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and d) Making any expenditure or incurring any other liability which exceeds $50,000. AND WHEREAS Section 275(4) states that clauses 275(3)(c) and 275(3)(d) do not apply if the disposition or liability was included in the most recent budget adopted by Council before August 19, 2022, being nomination day for the 2022 municipal election year. AND WHEREAS Section 275(6) of the Municipal Act, 2001, as amended, states that nothing in section 275 prevents any person or body exercising any authority that is delegated to the person or body prior to nomination day for the election of the new council; AND WHEREAS the Council of the Corporation of the County of Elgin deems it expedient to delegate authority to the Chief Administrative Officer to take action, where necessary, on certain acts during the restricted period referenced above; NOW THEREFORE the Council of the Corporation of the County of Elgin HEREBY ENACTS AS FOLLOWS: 1. THAT, in the event that the actions of the Council of the Corporation of the County of Elgin become restricted under Section 275 of the Municipal Act, 2001, and notwithstanding anything to the contrary in By -Law No. 20-07, Being a By -Law to Adopt a Policy for the Procurement of Goods and Services for the Corporation of the County of Elgin and to Repeal By -Law No. 13-19, the authority of the Council to act shall be hereby delegated as follows: (a) to the Chief Administrative Officer ("CAO") to make expenditures and incur liabilities exceeding $50,000; (b) unless provided for in the most recent budget approved by Council, to the CAO to be the financial signing authority for expenditures, outside the current budget, exceeding $50,000; (c) to the CAO to award tenders, quotes, request for proposals, consultant proposals or any other contracted service that exceed the most recent approved budget, and approve the reallocation of available funds from other projects to a maximum of 10% of the budget of the subject project; (d) to the CAO to be the signing authority for any contracts or other necessary documents arising out of an award described in paragraph 1(c); (e) to the CAO to approve acquisitions of interests in real property and related settlements of compensation; (f) to the CAO to approve and be the signing authority for the disposition of any real or 152 personal property of the municipality which has a value exceeding $50,000 at the time of disposal; (g) to the CAO to be the authority to hire or remove any employee or prospective employee from/to employment with the County of Elgin, provided that such employee or prospective employee is not a statutory officer of the County; and (h) to the CAO to be the signing authority for documents regarding entering into leases of real property where the Corporation of the County of Elgin is either a prospective Lessor or Lessee; 2. Should any other by-law of the Corporation of the County of Elgin conflict with the authority delegated in this By -Law, this By -Law shall prevail. 3. THAT this By-law shall come into force and take effect on the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF JULY 2022. Julie Gonyou, Mary French, Chief Administrative Officer. Warden. 153 CORPORATION OF THE COUNTY OF ELGIN BY-LAW NUMBER 22-35 A BY-LAW TO AUTHORIZE THE SUBMISSION OF AN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ("OILC") FOR FINANCING OF CERTAIN ONGOING CAPITAL WORK(S) OF CORPORATION OF THE COUNTY OF ELGIN (THE "MUNICIPALITY"); TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH CAPITAL WORK(S); AND TO AUTHORIZE LONG-TERM BORROWING FOR SUCH CAPITAL WORK(S) THROUGH THE ISSUE OF DEBENTURES TO OILC WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the "Act") provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS the Council of the Municipality has passed the by-law(s) enumerated in column (1) of Schedule "A' attached hereto and forming part of this By- law ("Schedule "A") authorizing the capital work(s) described in column (2) of Schedule "A' ("Capital Work(s)") in the amount of the respective estimated expenditure set out in column (3) of Schedule "A' , subject in each case to approval by OILC of the financing for such Capital Work(s) requested by the Municipality in the Application as hereinafter defined; AND WHEREAS before the Council of the Municipality approved the Capital Work(s) in accordance with section 4 of Ontario Regulation 403/02 (the "Regulation"), the Council of the Municipality had its Treasurer calculate an updated limit in respect of its then most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the "Updated Limit"), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) of Schedule "A' (the "Authorized Expenditure" for any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, and determined that the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, did not cause the Municipality to exceed the Updated Limit, and accordingly the approval of the Local Planning Appeal Tribunal pursuant to the Regulation, was not required before any such Capital Workwas authorized by the Council of the Municipality; AND WHEREAS subsection 405 (1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, 154 -2 - the municipality is an upper -tier municipality, a lower -tier municipality in a county or a single -tier municipality and it has approved the issue of debentures for the work; AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREAS the Act also provides that a municipality shall authorize long-term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act; AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary and long-term debt financing in order to meet capital expenditures incurred on or after the year that is five years prior to the year of an application in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application in the form provided by OILC; AND WHEREAS the Municipality has completed and submitted or is in the process of submitting an application to OILC, as the case may be (the "Application") to request financing for the Capital Work(s) by way of long-term borrowing through the issue of debentures to OILC and by way of temporary borrowing from OILC pending the issue of such debentures; AND WHEREAS OILC has accepted and has approved or will notify the Municipality only if it accepts and approves the Application, as the case may be; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN ENACTS AS FOLLOWS: 1. The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC for the financing of the Capital Work(s) in the maximum aggregate principal amount of $27,000,000 substantially in the form of Schedule "B" hereto and forming part of this By-law, with such changes thereon as such authorized official may hereafter, approve such execution and delivery to be conclusive evidence of such approval. 2. The Warden and the Treasurer are hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Municipality a financing agreement, substantially in the form as provided to the Municipality on or prior to the date of this By-law, (a "Financing Agreement") with OILC that provides for temporary and long-term borrowing from OILC under the authority of this By-law in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 3. The Warden and the Treasurer are hereby authorized, pending the substantial completion of the Capital Work or of each Capital Work, as the case may be, or as 155 -3- otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement which Financing Agreement provides that the information contained in the Record, as defined in the Financing Agreement, in respect of such temporary borrowings shall be deemed final, conclusive and binding on the Municipality, and on such other terms and conditions as such authorized officials may agree; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings allocated to the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule "A' in respect of such Capital Work. 4. Subject to the terms and conditions of the Financing Agreement and such other terms and conditions as OILC may otherwise require, the Warden and the Treasurer are hereby authorized to long-term borrow for the Capital Work(s) and to issue debentures to OILC on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree (the "Debentures"); provided that the principal amount of the Debentures issued in respect of the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule "A' in respect of such Capital Work. 5. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay to OILC on account of any unpaid indebtedness of the Municipality to OILC under any outstanding temporary borrowing and/or the Debentures, as the case may be (the "Obligations") and to pay such amounts to OILC from the Consolidated Revenue Fund. 6. For the purposes of meeting the Obligations, the Municipality shall provide for raising in each year as part of the general levy, the amounts of principal and interest payable in each year under any outstanding temporary borrowing and/or any Debenture outstanding pursuant to the Financing Agreement, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by- law of any municipality. 7. (a) The Warden and Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, and to issue the Debentures, one or more of the Chief Administrative Officer/Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the Obligations 156 M of the Municipality under the Financing Agreement, to request and receive any temporary borrowing and to issue the Debentures, and the Chief Administrative Officer/Clerk is authorized to affix the Municipality's municipal seal to any such documents and papers. (b) The money realized in respect of any temporary borrowing for the Capital Work(s) and the Debentures, including any premium, and any earnings derived from the investment of that money, after providing for the expenses related to any such temporary borrowing and to the issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 8. This By-law takes effect on the day of passing. ENACTED AND PASSED this day of A.D. 20 Mary French Warden, County of Elgin Julie Gonyou Chief Administrative Officer/Clerk 157 (1) By -Law Number 21-03 as amended by 21-20 Schedule "A" to By -Law Number 22-xx (Ongoing Capital Work(s)) (2) Description of Capital Work Terrace Lodge Rebuild (3) Estimated Expenditure $35, 628, 012 (4) Loan Amount $27, 000, 000 158 Infrastructure Schedule "B" Ontario to By -Law Number 22-XX WelbIllo in Illl oan FA Number 1696 Application for Elgin, Corporation Of The County Of SIT Project 11D 111D Project IMairne 1728 1 Terrace Lodge Rebuild Project Category W()irlk'Tylpe Project IMairne C()iqstiruc,tiloiq/11�uirc,lhase Start C()iqs,tiruc,tiloiq/11�uirc,lhase C()iqFtiructiloiq/11�uirclhase Start I® in d 02/22/2021 04/09/2024 Project Cost 01111-C Loan Amount $35,628,012.00 27,000,000.00 Long -Term Care Facilities Renovation I ')f'Jgrj R("I"')t'llld 02;22;2021 C()iqstiruc,tiloiq/1l�uirc,lhase lErnd C4;C9;2024 Eneirgy Conservation r Project Address it 49462 ':)(A, 1::: 1, Project Address 2 Cilty /Town Av I i i �,,r Province 01 j Postall Code 1 1 ?)A1,',` Description Fhe redevelopment of our existing t . FC facility in Aylmer known as Ferrace Lodge will occur through a three phased approach: Phase 1 is an addition that requires 64 beds to be constructed on or to the building currently existing on the Site and will connect existing North and South residential wings on the 1st and 2nd floors Phase 2 is the renovation within the existing building of 18 beds in the existing north residential wing and complete renovation of the main kitchen; and Phase 3 includes the renovation within the existing building of 18 beds located in the existing south residential wing and the completion (to all applicable standards) of the 18 beds in the north residential wing for a total of 36 beds; Staff will be coordinating the redevelopment within the Home while occupied by residents with the Ministry of Health. Comments and/or Special Requests Project Life Spain (Years) 4C 159 (Project Cost (A) 6 2 CI 2 C,r Otheir IProiiect 1Furndiirna / 1Fiirnarnciirno Q1131: Descriiptiion 'TiIirniIirng Amount Ministry of Health Development Grant Expected $2,924,600.00 Ministry of Health Basic' Transition Support Expected $30,000.00 Ministry of Health Planning Grant Existing $250,000.00 County of Elgin Taxation Expected $5,423,412.00 Otheir (Project II®urndiing/ll®iirnarnasiing 'Total (113) $8,628,012.00 01111_C (Loan Amount (A•••113) �:,2 � COO COO Of Only include Ilorng•••teirirn borrowing in this section. If you anticipate that you will require short•••teirirn fiirnarnciirng during the construction (phase of the project, the information will The gatheired as Ipairt of the IFiirnarnciirng Agreement. Required Bate Amount Terra Type Ir�:r,19;2024 �,2�COO COO C,r 25 � Amortizing ILorng•••teirirn 1Borrowing 'Total �,,2 / COO l COO ,r C IHas theire Ibeeirn any new/undisclosed debt acquired since Ilast 11=IR r- Yes P I M o was submitted? (Please describe any ire •••fiirnarnciirng Iplains for any existing "interest only" debt, ilf applicable. In the Ilast 10 years, has the borrow eir ever faiilled to irnalke a loan Ipayrneint or debenture repayment oirn tiirne to any lender, including the IProviinciiallGovernment? If yes, Ipllea sax provide details. IPlease indicate the souirce(s) of revenue you Ipllairn to use to irelpay the 01111_C (Loan Taxation 46 C;CI User Fees 2 CC, Service Charges CI CICI Development Charges CI CI 1 Connection (Fees CI CI 1 Repayment Subsidies !; CC, Otheir Total I r;r;,r;r; X 160 Please ensure all required documents are submitted with the signed application. OILC requires originals as noted below to be mailed or couriered. Also, please retain a copy of all documents submitted to OILC for your records. To obtain templates for documents see listed below. • Loan Application Signature Page signed and dated by the appropriate individual (original to be submitted) • Certificate and sealed copy of OILC template By-law authorizing project borrowing and applying for a loan (original with seal) • Certificate of Treasurer Regarding Litigation using the OILC template (original, signed & sealed) • Updated Certified Annual Repayment Limit Calculation (original) F I acknowledge and agree that all of the above referenced documents must be submitted in the form required by OILC and understand that the application will not be processed until such documents have been fully completed and received by Infrastructure Ontario. Please note: 01111-C iretaiins the iriiglht to irequest and irevilew any additional information oir documents at ilts discretion. Confidential Information OILC is an institution to which the Freedom of Information and Protection of Privacy Act (Ontario) applies. Information and supporting documents submitted by the Borrower to process the loan application will be kept secure and confidential, subject to any applicable laws or rules of a court or tribunal having jurisdiction. 161