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23 - December 7, 2022 County Council Agenda Package ELGIN COUNTY COUNCIL MINUTES November 8, 2022, 9:00 a.m. Masonic Centre of Elgin 42703 Fruit Ridge Line St. Thomas ON Members Present: Warden Mary French Deputy Warden Tom Marks Councillor Duncan McPhail Councillor Bob Purcell Councillor Grant Jones Councillor Sally Martyn Councillor Dave Mennill Councillor Ed Ketchabaw Members Absent: Councillor Dominique Giguère Staff Present: Julie Gonyou, Chief Administrative Officer/Clerk Brian Lima, General Manager of Engineering, Planning, & Enterprise(EPE)/Deputy CAO Michele Harris, Director of Homes and Seniors Services Jennifer Ford, Director of Financial Services/Treasurer Stephen Gibson, County Solicitor Nicholas Loeb, Senior Legal Counsel Michael Baker, Manager of Museum and Archives Carolyn Krahn, Manager of Economic Development, Tourism & Strategic Initiatives Jenna Fentie, Manager of Administrative Services/Deputy Clerk Stefanie Heide, Legislative Services Coordinator _____________________________________________________________________ 1. CALL TO ORDER The meeting convened at 9:00 a.m. with Warden French in the chair. Elgin County Council observed a moment of silence to reflect on the recent passing of Past Warden A. Bruce McCallum. 2. ADOPTION OF MINUTES Moved by: Councillor Mennill Seconded by: Councillor Purcell RESOLVED THAT the minutes of the meeting held on October 11, 2022 be adopted. Motion Carried 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Jones disclosed a conflict with Correspondence Item #7.1.1 under 7.1 Items for Consideration. Councillor Jones will not participate in the discussion or vote on this item. 1 4.PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 South Central Ontario Region Economic Development Corporation (SCOR EDC) Annual Member Update Alison Warwick, Chair of the South Central Ontario Region Economic Development Corporation (SCOR EDC) provided an Annual Member Update 2022 to County Council. Moved by: Councillor Ketchabaw Seconded by: Councillor McPhail RESOLVED THAT the presentation from the South Central Ontario Region Economic Development Corporation (SCOR EDC) be received and filed. Motion Carried 5. COMMITTEE OF THE WHOLE Moved by: Councillor Martyn Seconded by: Deputy Warden Marks RESOLVED THAT we do now move into Committee of the Whole Council. Motion Carried 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden French - Warden's Activity Report (Fall 2022) and COVID-19 Update Warden French presented the report that provides a high-level summary of the County's response to the pandemic as well as a list of events and meetings she attended and organized on behalf of County Council. Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT the report titled "Warden's Activity Report (Fall 2022) and COVID-19 Update" dated November 8, 2022 from Warden French be received and filed. Motion Carried 6.2 Councillor Ketchabaw - Annual Council Committee Update: Rural Initiatives and Planning Advisory Committee 2022 Councillor Ketchabaw presented the report providing Council with an update on the activities of the Rural Initiatives and Planning Advisory Committee throughout 2022. Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw 8, 2022 from Councillor Ketchabaw be received and filed. Motion Carried 6.3 Councillor Jones - Annual Council Committee Update: Environmental Advisory Committee Councillor Jones presented the report providing Council with an update on the activities of the Environmental Advisory Committee in 2022. 2 Moved by: Deputy Warden Marks Seconded by: Councillor Ketchabaw Councillor Jones be received and filed. Motion Carried 6.4 Councillor Jones - Annual Council Committee Update: Health Recruitment Partnership Committee Councillor Jones presented the report to Council that reviews the activities of the Health Recruitment Partnership over the past year and includes additional context regarding the provincewide physician shortage. Moved by: Councillor Mennill Seconded by: Councillor McPhail RESOLVED THAT the report titled "Annual Council Committee Update: Health Recruitment Partnership" dated November 1, 2022 be received and filed. Motion Carried 6.5 Councillor Martyn - Elgin County Museum 2022 Annual Report The Manager of Museum and Archives presented the report reviewing the activities of the Elgin County Museum in 2022. Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT th Archives dated October 28, 2022 be received and filed. Motion Carried 6.6 Tree Commissioner / Weed Inspector - Tree Commissioner / Weed Inspector Quarterly Report January - March 2022 The Tree Commissioner / Weed Inspector presented the report providing a summary to Council of activity related to the Elgin County Woodlands Conservation By-Law for the period of January 1, 2022 to March 31, 2022 and weed inspection for the same period. Moved by: Councillor Jones Seconded by: Councillor Martyn Quarterly Report January Commissioner/Weed Inspector, dated November 1, 2022 be received and filed. Motion Carried 6.7 Tree Commissioner / Weed Inspector - Tree Commissioner / Weed Inspector Quarterly Report April June 2022 The Tree Commissioner / Weed Inspector presented the report to Council providing a summary of activity related to the Elgin Woodlands Conservation By-Law for the period of April 1, 2022 to June 30, 2022 and weed inspection activity for the same period. Moved by: Deputy Warden Marks Seconded by: Councillor Mennill 3 RESOLVED THAT the report titled Quarterly Report April Inspector, dated November 1, 2022 be received and filed for information. Motion Carried 6.8 Manager of Economic Development, Tourism & Strategic Initiatives - 2022 Elgin County Economic Development and Tourism Year in Review The Manager of Economic Development, Tourism & Strategic Initiatives presented the report providing an update of the Economic Development and Tourism Department's activities so far in 2022. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw the Manager of Economic Development, Tourism & Strategic Initiatives be received and filed. Motion Carried 6.9 Director of Homes and Seniors Services - Homes - Program and Therapy Policy Manual Review and Revisions The Director of Homes and Seniors Services presented the report recommending updates to the County of Elgin Homes and Seniors Services Program and Therapy Policy Manual Review (Sections 1-5). Moved by: Deputy Warden Marks Seconded by: Councillor Martyn Program and Therapy Policy Manual Review and Revision of Homes and Seniors Services be received and filed; and THAT Council approve the County of Elgin Homes and Seniors Services Program and Therapy Policy Manual Review (Sections 1-5) updates to ensure alignment with current Ministry of Long-Term Care legislation. Motion Carried 6.10 Director of Homes and Seniors Services - Homes - Administration Policy Updates Section 3 Emergency Planning and Response and Section 4 - Continuous Quality Improvement The Director of Homes and Seniors Services presented the report recommending updates to the County of Elgin Homes and Seniors Services Administrative Policy Manual (Section 3 and Section 4), and Administration Policy 1.35. Moved by: Councillor McPhail Seconded by: Councillor Ketchabaw Administration Policy Updates Section 3 Emergency Planning and Response and Section 4 and filed; and THAT Council approve the County of Elgin Homes and Seniors Services Administrative Policy Manual (Section 3 and Section 4), and, Administration Policy 1.35 updates to ensure alignment with current Ministry of Long-Term Care legislation. 4 Motion Carried 6.11 Director of Homes and Seniors Services - Homes - Medical Assistance in Dying (MAID) Administration Policy 2.31 Revisions The Director of Homes and Seniors Services presented the report providing an overview of the review of the County of Elgin Homes Administration Policy 2.31 - Medical Assistance in Dying (MAID). Moved by: Councillor Mennill Seconded by: Councillor Jones Medical Assistance in Dying dated October 29, 2022 be received and filed; and THAT Council approve the County of Elgin Homes and Seniors Services Administration Policy 2.31 Revisions to ensure alignment with current legislation. Motion Carried 6.12 General Manager of Engineering, Planning & Enterprise / Deputy CAO - Traffic Study - Fulton Street (CR 41), Vienna The General Manager of Engineering, Planning & Enterprise / Deputy CAO presented the report providing the traffic data and study results from the Fulton Street (CR 41), Vienna traffic study and speed study for Council's information. Moved by: Councillor Ketchabaw Seconded by: Councillor McPhail Fulton Street (CR 41), Engineering, Planning & Enterprise / Deputy CAO be received and filed. Motion Carried 6.13 General Manager of Engineering, Planning & Enterprise / Deputy CAO and Manager of Transportation - Parking By-Law Amendment - Furnival Road, Rodney The General Manager of Engineering, Planning & Enterprise / Deputy CAO presented the report recommending an amendment to the County's No Parking By-Law to include restricted parking on a section of Furnival Road in the Municipality of West Elgin. Moved by: Councillor Jones Seconded by: Councillor Mennill RESOLVED THAT -Law Amendment Manager of Engineering, Planning & Enterprise / Deputy CAO be received and filed; and THAT By-Law 20--Law for the Regulation of restricted parking zone as follows: Queen Street to the south property limits of Albert Street, being a distance of 80 metres. 5 Motion Carried 6.14 General Manager of Engineering, Planning & Enterprise / Deputy CAO - Town of Aylmer Official Plan Amendment No. 21, concerning Part of Lot 86, Concession STR; 448 Talbot Street East, Town of Aylmer, County of Elgin The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report to Council that provides information required in order to consider granting approval to the Town of Aylmer Official Plan Amendment No. 21. Moved by: Councillor Mennill Seconded by: Deputy Warden Marks RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 21 to the Town of Aylmer Official Plan, File No. AY OPA 21-22; and THAT staff be directed to provide notice of this decision in accordance with the Planning Act. Motion Carried 6.15 General Manager of Engineering, Planning & Enterprise / Deputy CAO - Redline Revision for Phase 3 of Draft Plan of Subdivision 34T- 98001 (Cottonwood); Part of Lots 85 and 86, Concession NTR and Part of Block W, Registered Plan 164, Town of Aylmer The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report that provides County Council with the information required in order to consider granting approval to the proposed modifications to the Draft Plan of Subdivision File No. 34T-98001. The General Manager of Engineering, Planning & Enterprise/Deputy CAO noted that the reference to Bayham's Official Plan in the report to Council should state the Town of Aylmer's Official Plan. Moved by: Councillor Jones Seconded by: Councillor McPhail RESOLVED THAT the Council of the Corporation of the County of Elgin grants approval to the revised Draft Plan of Subdivision, as prepared by MHBC on behalf of Sifton Properties Ltd., and dated July 26, 2022; and THAT staff be directed to provide notice of this decision subject to the conditions of final approval in accordance with the requirements of the Planning Act. Motion Carried 6.16 General Manager of Engineering, Planning & Enterprise/Deputy CAO - Municipality of Bayham Official Plan Amendment No. 28, Part 1, Plan 11R876, Concession 2, Lot 14; 4964 and 4968 Plank Road, Municipality of Bayham The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report that provides Council with the information required in order to consider granting approval to the Official Plan Amendment No. 28 to the Municipality of Bayham Official Plan. Moved by: Councillor Purcell Seconded by: Deputy Warden Marks 6 RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 28 to the Municipality of Bayham Official Plan, File No. BA OPA 28-22; and THAT staff be directed to provide notice of this decision in accordance with the Planning Act. Motion Carried 6.17 General Manager of Engineering, Planning & Enterprise / Deputy CAO - Municipality of Bayham Official Plan Amendment No. 29, Concession 3, Lots 19 and 20; 56237 Chute Line, Municipality of Bayham The General Manager of Engineering, Planning & Enterprise / Deputy CAO presented the report that provides Council with information required in order to consider granting approval to the Official Plan Amendment No. 29 to the Municipality of Bayham Official Plan. Moved by: Councillor Martyn Seconded by: Councillor Mennill RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 29 to the Municipality of Bayham Official Plan, File No. BA OPA 29-22; and THAT staff be directed to provide notice of this decision in accordance with the Planning Act. Motion Carried 6.18 General Manager of Engineering, Planning & Enterprise / Deputy CAO - Request for Exemption from Draft Plan Approval for Plan of Condominium, Block 65, Plan 11M-241, Part of Lot 1, Concession 1, Geographic Village of Port Stanley The General Manager of Engineering, Planning & Enterprise / Deputy CAO presented the report that will provide County Council with information required in order to consider granting an exemption to draft plan approval to the draft plan of condominium File No. 34CD-CE2202. Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT the Council of the Corporation of the County of Elgin, in accordance with Section 9 of the Condominium Act, grants an exemption to draft plan approval for a draft plan of a phased condominium on Block 65, Plan 11M-241, Part of Lot 1, Concession 1, Geographic Village of Port Stanley, Municipality of Central Elgin; and THAT staff be directed to prepare and issue a certificate of exemption, and sign and submit the final plans to the Land Registry Office in accordance with the requirements of the Planning Act and the Condominium Act. Motion Carried 6.19 General Manager of Engineering, Planning & Enterprise / Deputy CAO - Karwood-Canterbury, Draft Plan of Subdivision, Part 3 and 7, Plan 11R-9106, Lot 32, Registered Plan 231, Geographic Village of Belmont The General Manager of Engineering, Planning & Enterprise / Deputy CAO presented the report that provides County Council with information 7 required in order to consider granting approval to the Draft Plan of Subdivision, File No. 34T-CE2201. Moved by: Councillor Jones Seconded by: Councillor Mennill RESOLVED THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Draft Plan of Subdivision by CJDL Consulting Engineers on behalf of Karwood Ontario Ltd. and dated February 8, 2022; and THAT staff be directed to provide notice of this decision subject to the conditions of final approval in accordance with the requirements of the Planning Act. Motion Carried 6.20 General Manager of Engineering, Planning & Enterprise / Deputy CAO - Central Elgin Official Plan Amendment No. 12 and Eagle Ridge Phase II Draft Plan of Subdivision, Block 74 and Part of Block 75, Registered Plan 11M-242, Part of Lot 4, Plan 263 The General Manager of Engineering, Planning & Enterprise / Deputy CAO presented the report that provides County Council with information required in order to consider granting approval to Official Plan Amendment No. 12 to the Central Elgin Official Plan, as well as granting draft plan approval to the Eagle Ridge Phase II Draft Plan of Subdivision. Councillor Purcell noted that the document titled "the Official Plan of the City of St. Thomas" should be titled the "Official Plan of Central Elgin." Moved by: Councillor Martyn Seconded by: Councillor McPhail RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 12 to the Official Plan of the Municipality of Central Elgin; and THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act; and THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Draft Plan of Subdivision by CJDL Consulting Engineers on behalf of 2561603 Ontario Inc. and dated June 21, 2022; and THAT staff be directed to provide notice of this decision subject to the conditions of final approval in accordance with the requirements of the Planning Act. Motion Carried 6.21 Chief Administrative Officer - Health Recruitment Partnership Additional Incentive Funding The Chief Administrative Officer presented the report recommending County Council approve an additional $37,500 of funding for Health Recruitment activities. Moved by: Councillor Jones Seconded by: Deputy Warden Marks RESOLVED THAT the report titled "Health Recruitment Partnership Additional Incentive Funding" dated October 31, 2022 from the Chief Administrative Officer be received for information; and 8 THAT additional funding in the amount of up to $37,500, for Health Recruitment activities be approved. Motion Carried 6.22 Chief Administrative Officer - Donation - Decommissioned Ambulance The Chief Administrative Officer presented the report that provides County Council with information regarding the current process of disposing of decommissioned and surplus ambulances and information about recent ambulance sales to support Council's consideration of a request received by St. John Ambulance for the donation of a surplus ambulance currently on loan to them. Moved by: Councillor Mennill Seconded by: Councillor Martyn Decommissioned be received and filed; and THAT the 2012 Chevrolet Express G3500, Fleetmax Conversion Ambulance currently on loan to St. John Ambulance to assist Elgin-St. Thomas Social Services b further THAT ownership of the 2012 Chevrolet Express G3500, Fleetmax Conversion Ambulance currently on loan to St. John Ambulance be transferred to St. John Ambulance. Motion Carried 6.23 Chief Administrative Officer - Change of Position Title - County Solicitor The Chief Administrative Officer presented the report informing Council that, due to the change in title of the County Solicitor to the Director of Legal Services, a by-law is required to ensure that all by-laws, resolutions and directions provided in the past to the County Solicitor remain applicable to the Director of Legal Services. Moved by: Councillor Purcell Seconded by: Councillor Jones County THAT the Council of the Corporation of the County of Elgin pass By-Law 22--Law to Deem All Existing By-Law References to the County Solicitor to Be References to the Directo Motion Carried 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Letter from Land Division Committee Vice-Chair Jack van Kasteren requesting County Council's consideration of concerns expressed by the Land Division Committee. Councillor Jones declared a conflict with this item and did not participate in discussion or voting. 9 Moved by: Councillor Purcell Seconded by: Deputy Warden Marks RESOLVED THAT the correspondence received from Land Division Committee Vice Chair Jack van Kasteren be received and filed. Motion Carried 7.2 Items for Information (Consent Agenda) Moved by: Councillor McPhail Seconded by: Councillor Martyn RESOLVED THAT correspondence items 7.2.1 - 7.2.3 be received and filed. Motion Carried 7.2.1 Letter from Ministry of Municipal Affairs and Housing Minister Steve Clark with information about the "More Home Built Faster: Ontario's Housing Supply Action Plan 2022 - 2023". Moved by: Councillor Purcell Seconded by: Deputy Warden Marks RESOLVED THAT the Warden be directed to send a letter on behalf of Elgin County Council to MPP Rob Flack with copies to the offices of the Premier and the Minister of Municipal Affairs and Housing expressing the Council's preliminary concerns associated with the More Homes Built Faster Act, 2022, including its concerns associated with a lack of consultation. Motion Carried 7.2.2 Letter from Southwestern Public Health providing an update on SWPH's 2022 cashflow concerns 7.2.3 October 2022 Newsletter from Western Wardens Caucus (WOWC) 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.1.1 Councillor Ketchabaw Councillor Ketchabaw announced his intention to run for Warden for 2023. 8.1.2 Councillor Mennill County policy making and implementation, specifically regarding the amount of time spent on administering the Community Grant Program and other Committees of Council. Councillor Mennill expressed pride in serving with the current and past Councils. 8.1.3 Deputy Warden Marks Deputy Warden Marks commended staff and wished success to the views regarding the Community Grant Program and noted that often more staff time is spent on administering the program than the funds that are given out. 8.1.4 Councillor Purcell Councillor Purcell noted that he enjoyed the last four years of being a member of Council. 10 8.1.5Councillor Martyn Councillor Martyn wished the returning Councillors and the incoming Councillors all the best. Councillor Martyn noted that future consideration should be given to the composition of County Council. 8.1.6 Warden French Warden French thanked Councillors and staff, and noted that she is looking forward to retirement, and has enjoyed working with Councillors. 8.1.7 Councillor McPhail and Councillor Martyn Councillor McPhail and Councillor Martyn introduced Todd Noble, Deputy Mayor-Elect of Central Elgin. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. CLOSED MEETING ITEMS Moved by: Councillor Mennill Seconded by: Councillor McPhail RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): In-Camera Item #1 (b) personal matters about an identifiable individual, inlcuding municipal or local board employees - CAO Performance Appraisal Motion Carried 10. MOTION TO RISE AND REPORT The County Solicitor acted as Clerk for In-Camera Item #1. Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT we do now rise and report. Motion Carried In-Camera Item #1 - CAO Performance Appraisal Moved by: Councillor Jones Seconded by: Councillor Ketchabaw RESOLVED THAT the County Solicitor proceed as directed. Motion Carried 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Deputy Warden Marks Seconded by: Councillor Martyn RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. 11 Motion Carried 12. CONSIDERATION OF BY-LAWS 12.1 By-Law No. 22-46 - Parking By-Law 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. Moved by: Councillor Jones Seconded by: Councillor Purcell RESOLVED THAT By-Law No. 22-46 be now read a first, second and third time and finally passed. Motion Carried 12.2 By-Law No. 22-47 - Director of Legal Services BEING a By-Law to Deem all Existing By-Law References to the County Solicitor to be References to the Director of Legal Services. Moved by: Councillor Martyn Seconded by: Councillor McPhail RESOLVED THAT By-Law No. 22-47 be now read a first, second, third time and finally passed. Motion Carried 12.3 By-Law No. 22-48 - Confirming Actions and Proceedings BEING a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the November 8, 2022 Meeting. Moved by: Councillor Mennill Seconded by: Councillor Jones RESOLVED THAT By-Law No. 22-48 be now read a first, second and third time and finally passed. Motion Carried 13. ADJOURNMENT Moved by: Councillor Purcell Seconded by: Deputy Warden Marks RESOLVED THAT we do now adjourn at 11:55 a.m. Motion Carried Chief Administrative Officer/Clerk Warden 12 1 REPORT TO COUNTY COUNCIL FROM: Mike Hoogstra, Manager of Procurement & Risk DATE: November 23, 2022 SUBJECT: General Insurance and Risk Management Services Program for 2023 RECOMMENDATIONS: THAT the General Insurance and Risk Management Services Program proposed by Marsh Canada Limited ( be approved at the annual premium cost of $516,444 plus taxes commencing December 15, 2022 and expiring on December 15, 2023; and, THAT the property insurance deductible be increased to $50,000 per occurrence from $10,000, resulting in a premium savings of $28,000; and, THAT an additional $40,000 be added to the 2023 insurance policy for property insurance related to Phase 1 of the Terrace Lodge redevelopment project; and, THAT the Manager of Procurement & Risk and Director of Finance/Treasurer be authorized to renew the policy. INTRODUCTION: This report provides details regarding General Insurance and Risk Management Services for 2023. DISCUSSION: Pursuant to December 9, 2021, Marsh was awarded the competitive RFP process to provide a General Insurance and Risk Management Services Program for 2022. The RFP award also included options to renew for up to four, one-year terms, subject to annual Council approval of the proposed renewal program. Staff recently received the renewal proposal regarding the extension of the existing contract for our insurance program for 2023. This constitutes the first one-year renewal of the potential four one-year terms identified above. Marsh provided the following premium information: 2 2023 Annual Premium (Proposed) $516,444 2022 Annual Premium (Actual) $426,866 Increase $89,578 (21%) The 2023 premium increase is 21%. Marsh noted that the increases are primarily a result of the following: Property Increase due to increased property values, mandated inflation increases and the Insurer applying a higher rate to long-term care homes as they tend to have a history of higher losses. Liability Increase due to market conditions. Cyber Increase due to claim, market conditions and availability of only one cyber insurance underwriting firm. In addition, our deductible has been increased from $25,000 to $35,000 for any future claims. showing the premium difference for each policy line from 2022 to 2023. At this time, we are not recommending the County go to market for the 2023 policy term due to current market conditions. It is recommended that the County renew the policy with Marsh for a one-year term. It should be noted that the continuing hard insurance market has also extended policy exclusions, especially in relation to COVID. The 2023 policy will again include the following exclusions: Excluding Communicable disease in excess of $1,000,000 (claims made, single aggregate limit, Indemnity & defense cost cover); Excluding Communicable disease absolutely in respect of Long-Term Care / Senior Care Operations. These policy exclusions were introduced in 2020 and will be in place for the foreseeable future. summary of the actual annual premium costs for the last five (5) years are provided below: Annual Premium Cost % Increase 2023 Proposed $516,444 21% 2022 $426,866 15% 2021 $370,852 11.4% 3 2020* $332,737 6% 2019 $312,674 -23% 2018 $385,229 * Cyber coverage was added in 2020 Property Insurance Higher Deductible Options Marsh provided options for higher deductibles for our property insurance. Currently the property insurance deductible is $10,000. A $25,000 deductible will result in a $13,000 premium savings as compared to maintaining the deductible at $10,000. A $50,000 deductible will result in a $28,000 premium savings as compared to maintaining the deductible at $10,000. While there is no way to predict whether or not the County will incur a property claim that requires the payment of the deductible in any given policy year, the County has not had a property loss claim in the last eight (8) years. It was suggested by Marsh that these options are worth considering. Having reviewed the loss history noted above, County recommends increasing the property deductible to $50,000 with this new policy term. If County Council accepts the recommendation, then the year over year cost increase is modified as follows: Annual Premium Cost % Increase 2023 Proposed $488,444 14.4% 2022 $426,866 As shown above, when expressed as a percentage, the premium savings resulting from the increased property deductible modifies the year-over-year increase to 14.4%. Terrace Lodge Redevelopment Additional Insurance Cost Subsequent to discussions with Marsh regarding our annual renewal, staff requested updated insurance costs for the Terrace Lodge redevelopment project. Phase 1 of the redevelopment project will add an additional twenty million ($20M) in insured value that the County will need to insure, when the addition is transferred from the General Contractor. The additional insurance premium cost will be $40,000 per year. This additional cost is not included in the 2023 premium cost of $516,444, or $488,444 if the deductible recommendation is accepted. FINANCIAL IMPLICATIONS: The 2023 premium cost is $516,444 which represents an increase of 21% over the expiring premium. Marsh has provided an option for a higher deductible for property 4 insurance that will reduce the 2023 premium cost to $488,444, which represents an increase of 14.4% over the expiring premium. In addition, $40,000 for Phase 1 of the Terrace Lodge Redevelopment will be added to the 2023 premium when the building is transferred to the County. Insurance market challenges are expected to continue for the foreseeable future. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin Ensuring alignment of Planning for and Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services now and in the future. Exploring different Fostering a healthy ways of addressing environment. Delivering mandated community need. programs and services Enhancing quality of efficiently and Engaging with our place. effectively. community and other stakeholders. Additional Comments: LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: None. CONCLUSION: With the changes and challenges in the current hard insurance markets, many municipalities have experienced large percentage increases in their insurance premiums over the last three years. The County of Elgin is no exception with a proposed 21% increase over the expiring premium. 5 Approved for Submission All of which is Respectfully Submitted Mike Hoogstra Julie Gonyou Manager of Procurement & Risk Chief Administrative Officer Jennifer Ford Director of Finance / Treasurer County of Elgin Annual Premium Comparison 2021-2022 2022-2023 Premium Difference Increase Comments Liability - Population50,00050,000 tƩĻƒźǒƒʹυ ЊАЌͲЋЎЉυ ЊБАͲЎЌЍυ ЊЍͲЋБЍБ͵ЋЍ Increase result of Market conditions Environmental Impairment Liability υ ЎͲЎЉЉυ ЎͲВЎЌ$ 453 Б͵ЋЍ Increase result of Market conditions Automobile - Number of Vehicles440 tƩĻƒźǒƒʹυ БͲЏЋВυ ВͲЋЉАυ ЎАБЏ͵АЉ As per Aviva's filed rates Total Insured Values$ 99,323,143 $ 109,309,515 $ 9,986,372 ЊЉ͵ЉЎ Increase in values as per updated SOV tƩƚƦĻƩƷǤ tƩĻƒźǒƒʹυ ЊЍЊͲЎЌЎυ ЊБЍͲВЉЍυ ЍЌͲЌЏВЌЉ͵ЏЍ Premum increase due to the increased values & higher rates for the care homes and the vacant property .ƚźƌĻƩ tƩĻƒźǒƒʹυ ЊБͲЍЉЉυ ЊБͲЍВЉυ ВЉЉ͵ЍВ Crime Premium$ 2,600 $ 2,600$ - Umbrella Liability Premium$ 43,340$ 53,494$ 10,154 ЋЌ͵ЍЌ Increase result of Market conditions Councillors Accident$ 3,152 $ 3,152$ - Out of Province Emergency Medical$ 960$ 960$ - Volunteers Accident$ 750$ 750$ - Increase due to the loss. Please note the Cyber$ 28,250$ 48,900$ 20,650 АЌ͵ЊЉ increase in the deductible Cyber Policy Fee$ 500$ 500 ƚƷğƌ tƩĻƒźǒƒυ ЍЋЏͲБЏЏυ ЎЊЏͲЍЍЍυ БВͲЎАБ hǝĻƩğƌƌ tĻƩĭĻƓƷğŭĻ /ŷğƓŭĻЋЊ͵ЉіźƓĭƌǒķĻƭ źƓĭƩĻğƭĻ źƓ ǝğƌǒĻƭ Date: Nov 24, 2022 SP 22-23 Renewal Comparison - Elgin County-final.xls2022-11-241 1 REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: November 26, 2022 SUBJECT: Homes Administration, Dietary, Housekeeping & Laundry and Nursing Policy Updates RECOMMENDATIONS: Homes Administration, Dietary, Housekeeping & Laundry and Nursing Policy Updatesdated November 26, 2022 be received and filed; and, THAT Council approve the County of Elgin Homes and Seniors Services Administration, Dietary, Housekeeping & Laundry and Nursing Policy Manual updates to ensure alignment with current Ministry of Long-Term Care legislation. INTRODUCTION: Departmental policy and procedure manuals ensure consistency and quality in the services provided by Elgin County Homes and Seniors Services; and, are reviewed annually, and with legislative changes, to ensure inclusion of best practice and alignment with current legislation. On April 11, 2022, the Fixing Long-Term Care Act (FLTCA), 2021, and Ontario Regulation 246/22 were proclaimed replacing the former legislation which included the Long-Term Care Homes Act, 2007 and Ontario Regulation 79/10. DISCUSSION: All Elgin County Homes and Seniors Services policy and procedure manuals are under review to ensure alignment and compliance with current Ministry of Long-Term Care legislation. The Ministry of Long-Term Care (MLTC) has provided timelines for policy review, revisions and implementation of legislative changes; and, this work is being prioritized by Homes management staff. The Homes Policy Manuals for Administration, Dietary, Housekeeping & Laundry, Nursing were reviewed by the Director of Homes and Seniors Services and the respective departmental managers and the applicable policies have now been finalized to align with the FLTCA, 2021 and Ontario Regulation 246/22 with the following updates: 2 The following Administration policies were reviewed to align with legislative updates: Administration 1.3 Mandatory and Critical Incident Reporting addition of updated Ministry of Long-Term Care Reporting Requirements Reference Sheet and related information 1.5 Doors in a Home Safety and Residents, Staff and Visitors policy name change and minor wording updates to align with legislation Administration 1.7 Visitor Policy New policy to align with current legislation Administration 1.35 Visitors and Absences During a Pandemic updated to include reference to the visitor log/documentation; addition of algorithm for admissions and transfers; reference update Administration 2.10 Absences and Types of Absences New policy as per legislation to provide staff, residents and substitute decision maker with written information regarding absences Administration 2.16 Safekeeping of valuables updated references Administration 2.19 Resident Trust Account New policy to align with current legislation and practice Administration 3.15.06 Code Green Evacuation minor updates related to transportation and communication Administration 4.8 Annual Program Evaluation updated to include palliative care program Dietary the complete policy manual was reviewed with the following revisions: Dietary 2.1 Menu Planning Review & Approval updated to current menu review process and updated reference Dietary 2.2 Food Preparation and Serving procedures minor wording updates Dietary - 2.3 Portion Control minor wording update and proper manager title Dietary 2.6 Nourishment Carts minor wording update Dietary 2.7 Tray Service updated to align with best practice for infection control and to support quality, safe tray service Dietary 2.9 Visitor Meals updated for pandemic/outbreak situations Dietary 2.11 Resident Food Committee updated to reflect resident input into meal and snack times Dietary 2.18 Meal Service updated to current software access for food service and nursing staff Dietary 2.22 Production of Food Textures updated to proper terminology and the use of standardized recipes Dietary 2.26 24-hour food availability updated to new legislation Dietary 2.27 Meal Delivery New policy to reflect current and best practice 3 Dietary 3.1 Supply Purchasing updated to align with legislative requirements re: supplies on hand for emergencies Dietary 3.9 Retention of Food Supplies updated to best practice related to infection control and clarity regarding keeping/discarding food samples Dietary 4.28 Height Monitoring new policy to align with current practice and legislation Dietary 4.30 Daily Food and Fluid Monitoring new policy to capture legislative requirements and current practice Dietary 5.1 Infection Control updated reference to uniform policy Dietary 5.3 Handwashing updated to best practice; and to include staff education Dietary 5.8.1 Cleaning Carts updated to reflect use of cart wash and best practices Dietary 5.8.2 Cleaning Small Appliance updated to reflect best practice Dietary 5.8.4 Hood Cleaning updated to reflect best practice Dietary 5.8.12 Cleaning Slicer - updated to reflect best practice Dietary 5.8.13 Cleaning Coffee Machine updated to current coffee maker Dietary 5.8.17 Cleaning Tables and Counters added resource Dietary 5.8.18 Cleaning Steamer updated to best practice Dietary 5.8.20 Cleaning Steam Jacket Kettle minor wording update Dietary 5.10 Glove Use - updated to reflect best practice Housekeeping & Laundry - the complete policy manual was reviewed with the following revisions: Housekeeping & Laundry 1.3 Objectives housekeeping updated to include IPAC best practices Housekeeping & Laundry 1.4 Laundry objectives updated legislative reference related to labeling Housekeeping & Laundry 2.0 Housekeeping Best Practices - New policy to reflect IPAC best practices and replace policy 2.1 General Cleaning Practices Housekeeping & Laundry 2.1 General Cleaning Practices Delete and replace with Policy 2.0 Housekeeping Best Practices Housekeeping & Laundry 2.2 General Room Cleaning housekeeping IPAC best practices Housekeeping & Laundry 2.3 Cleaning of Entrances, Hallways, Reception Areas and Lounges updated to best practices and clarification of high touch surfaces Housekeeping & Laundry 2.4 Cleaning of Washrooms updated to best practice 4 Housekeeping & Laundry 2.5 Wet Mopping Cleaning of Floors updated to best practice Housekeeping & Laundry 2.5.1 Floor Cleaning Microfiber New policy to reflect microfiber system floor cleaning Housekeeping & Laundry 2.7 -Cleaning Interior Windows - updated to include microfiber cloths Housekeeping & Laundry 2.8 Washing of walls updated to include wiping down wall mounted items Housekeeping & Laundry 2.12 Carpet Maintenance Cleaning updated with outbreak precautions Housekeeping & Laundry 2.15 Thorough Cleaning of Rooms changed to Terminal Clean/Room Pull-Out policy name change; added terminal clean procedures to align with best practice Housekeeping & Laundry 2.18 Public Washroom Cleaning updated to best practices Housekeeping & Laundry 2.20 Dining Room Cleaning updated to best practice Housekeeping & Laundry 2.21 New Policy Cleaning of Window Coverings/Privacy Curtain to reflect current and best practice procedures Housekeeping & Laundry 3.1 Maintenance & Use of Floor Polisher updated to current machine type Housekeeping & Laundry 3.4 Maintenance Vacuum updated to IPAC best practice Housekeeping & Laundry 3.5 Use of the Swiffer Mop resource added Housekeeping & Laundry 3.6 Housekeeping Carts new policy to reflect the use of microfiber cleaning system and best practices Housekeeping & Laundry 3.7 Microfiber Cleaning updated to reflect best practice Housekeeping & Laundry 3.8 Nocospray Promed new policy to reflect new equipment Housekeeping & Laundry 4.1 Laundry and Linen Service updated IPAC best practices Housekeeping & Laundry 4.6 Soiled Laundry - updated to reflect current practice Housekeeping & Laundry 4.11 Resident Personal Clothing Laundry Process updated to current practice and legislation Housekeeping & Laundry 4.12 Mending of -updated from term valet Housekeeping & Laundry 4.16 Personal Clothing Item - Missing updated to reflect current practice 5 Housekeeping & Laundry 4.20 Water Temperatures updated reference Housekeeping & Laundry 4.23 Laundry Room floor safety delete and merge with 4.24 Laundry Room Cleaning Housekeeping & Laundry 4.24 Laundry Room Cleaning incorporate deleted policy 4.23 floor safety into single policy Housekeeping & Laundry -7.1 Resident Room Cleaning updated to include high touch surfaces per best practices Housekeeping & Laundry 7.2 Discharged Resident Room Cleaning - updated to include IPAC best practices and to include use of Nocospray equipment; resources added Housekeeping & Laundry 7.3 Tub Room Cleaning updated to include IPAC best practices Housekeeping & Laundry 7.4 Housekeeping Cart - updated to include IPAC best practices Housekeeping & Laundry 7.5 Housekeeping Room - updated to include IPAC best practices Housekeeping & Laundry 7.6 Infection Control Housekeeping - updated to include IPAC best practices, current practice and resources/references Housekeeping & Laundry 7.7 Handwashing Delete and refer to handwashing policy in IPAC manual Housekeeping & Laundry 7.8 Isolation Cleaning - updated to include IPAC best practices and resources Housekeeping & Laundry 7.9 Clostridium Difficile (C.Diff)- updated to include IPAC best practices and use of nocospray equipment Housekeeping & Laundry 7.11 Routine practices for Environmental Cleaning -Infection Control - updated to include IPAC best practices Housekeeping & Laundry 7.12 Cleaning Procedure for VRE - updated to include IPAC best practices and microfibre mop cleaning Housekeeping & Laundry 7.16 Waste Management minor wording update Housekeeping & Laundry 7.20 Procedures when Short Staffing Housekeeping and Laundry new policy to align with legislative requirements Housekeeping & Laundry 7.21- Room Cleaning COVID new policy to align with IPAC best practices related to COVID-19 The following Nursing policies were reviewed to align with legislative updates: Nursing Bedrails updated references Nursing Bed Safety Prevention and entrapment - updated references Nursing Compromised Communication New policy required as per legislation to support communications for cognitively impaired and/or communication challenges; adjunct to the aphasia, care of a resident policy 6 Nursing Diabetes Management: Treatment of Severe and Unresponsive Hypoglycemia of requirements to report incidents to the Ministry, evaluate quarterly and annually Nursing Heat Related Illness Prevention and Management Plan minor update to include list of individuals requiring education; reference update Nursing Restraints: Minimizing Restraining of Residents Use of Restraints and Use of PASDs minor wording updates and reference update Nursing Palliative and End-of-Life Care minor wording updates in purpose and reference update FINANCIAL IMPLICATIONS: It is imperative that staff ensure that the requirements of the FLTCA, 2021 and Ontario Regulation 246/22, including policy review and implementation, are met to support compliance and ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin Ensuring alignment of Planning for and Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services now and in the future. Exploring different Fostering a healthy ways of addressing environment. Delivering mandated community need. programs and services Enhancing quality of efficiently and Engaging with our place. effectively. community and other stakeholders. Additional Comments: LOCAL MUNICIPAL PARTNER IMPACT: N/A 7 COMMUNICATION REQUIREMENTS: The revised policy changes will be communicated to staff, residents, families/visitors, volunteers and contracted workers as required within the FLTCA, 2021 and, through the online Surge learning education portal. CONCLUSION: The administration, dietary, housekeeping & laundry and nursing manual policy revisions align with the FLTCA, 2021, related Regulations and best practices to support resident and staff safety and service delivery. The policy manuals updates may be reviewed through the County Website https://www.elgincounty.ca/homes-seniors-services/employee-portal/ All of which is Respectfully Submitted Approved for Submission Michele Harris Julie Gonyou Director of Homes and Seniors Services Chief Administrative Officer 1 REPORT TO COUNTY COUNCIL FROM: Jenna Fentie, Manager of Administrative Services/Deputy Clerk DATE: November 28, 2022 SUBJECT: Schedule of Elgin County Council Meetings for 2023 RECOMMENDATIONS: THAT November 28, 2022 from the Manager of Administrative Services/Deputy Clerk be received and filed; and THAT the schedule of Elgin County Council Meetings for 2023 be approved as presented; and THAT notice of the 2023 Schedule of County Council meetings and any special meetings outside of the adopted schedule of regular meetings of Council be available from the Municipal Office -Law No. 19-41. INTRODUCTION: The purpose of this report is to review and approve a schedule of regular meetings for County Council for 2023. County Council must approve a schedule of regular meetings of Council for each calendar year. Once approved, the schedule may be amended with 1 notice as provided for in the Municipal Act, 2001 and pursuant to Elgin County 2 -Law No. 19-41. Special Meetings of Council may be 3 scheduled at any time, as provided for in the Municipal Act, 2001. A draft schedule for BACKGROUND AND DISCUSSION: -Law No. 19-41, Council endeavours to meet in the Council Chambers of the Elgin County Administration Building, 450 Sunset 1 Section 238(2) (2.1), Municipal Act, 2001 2 Elgin County Council Procedural By-Law No. 19-41 Section 11 3 Section 240, Municipal Act, 2001 2 Drive, St. Thomas ON, or other designated location, at a time designated by the Warden (typically 9:00 a.m.) on the second and fourth Tuesday of each month, or as amended and when notice is given. As much as possible, the attached schedule facilitates a meeting schedule of holding Council meetings on the second and fourth Tuesday of each month. The draft schedule suggests holding a meeting on Wednesday, January 25, 2023, as the fourth Tuesday in January 2023 conflicts with the Rural Ontario Municipal Association (ROMA) Conference (January 22-January 24, 2023). Additionally, only one meeting is proposed for August 2023 due to a conflict with the Association of Municipalities Ontario (AMO) Conference which is being held August 20 23, 2023. A second meeting in August can be held if needed at the call of the Warden. FINANCIAL IMPLICATIONS: None. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin Ensuring alignment of Planning for and Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services now and in the future. Exploring different Fostering a healthy ways of addressing environment. Delivering mandated community need. programs and services Enhancing quality of efficiently and Engaging with our place. effectively. community and other stakeholders. Additional Comments: LOCAL MUNICIPAL PARTNER IMPACT: A copy of the 2023 meeting schedule of County Council will be circulated as information 3 COMMUNICATION REQUIREMENTS: platforms. CONCLUSION: Each year, County Council approves a meeting schedule for the calendar year. The All of which is Respectfully Submitted Approved for Submission Jenna Fentie Julie Gonyou Manager of Administrative Chief Administrative Officer Services/Deputy Clerk DRAFT SCHEDULE OF COUNTY COUNCIL MEETINGS FOR 2023 COUNCIL MEETINGS Meeting Type Date (2023) Time Notes County Council Meeting January 10 9:00 a.m. Rural Ontario Municipal Association th *4 Tuesday conflicts with ROMA (ROMA) Conference is January 22- Wednesday, January 25 Conference 24, 2023. 9:00 a.m. County Council Meeting February 14 9:00 a.m. February 28 9:00 a.m. County Council Meeting March 14 9:00 a.m. March Break is March 13-17, 2023. March 28 9:00 a.m. County Council Meeting April 11 9:00 a.m. Ontario Good Roads Association April 25 9:00 a.m. Conference is April 16-19, 2023. Good Friday is April 7, 2023. Easter Monday is April 24, 2023. County Council Meeting May 9 9:00 a.m. Victoria Day is May 22, 2023 May 23 9:00 a.m. County Council Meeting June 13 9:00 a.m. June 27 9:00 a.m. County Council Meeting July 11 9:00 a.m. July 25 9:00 a.m. nd County Council Meeting August 8 9:00 a.m. 2 meeting can be scheduled th *4 Tuesday conflicts with AMO Conference Association of Municipalities of Ontario (AMO) conference is August 20 23, 2023. County Council Meeting September 12 9:00 a.m. September 26 9:00 a.m. County Council Meeting October 10 9:00 a.m. Thanksgiving is October 9, 2023. October 24 9:00 a.m. County Council Meeting November 14 9:00 a.m. November 28 9:00 a.m. County Council Meeting December 5 (Tues) 7:00 p.m. December 5, December 7 (Thurs) 9:00 a.m. 2023. REPORT TO COUNTY COUNCIL FROM: Nicholas Loeb, Director of Legal Service Brian Lima, General Manager Engineering, Planning, and Enterprise (EPE)/ Deputy CAO DATE: November 23, 2022 SUBJECT: Eh!Tel Point of Presence Licence Agreement RECOMMENDATION: THAT the report from the Deputy CAO / General Manager of Engineering, Planning and Enterprise Eh!Tel Point of Presence Licence Agreement received and filed as information; THAT Council of the Corporation of the County of Elgin authorize the Chief Administrative Officer and the Warden to execute a Licence Agreement with Eh!Tel Networks Inc. substantially in the form of agreement attached to this report as Appendix . INTRODUCTION: and delivering broadband or fiberoptic telecommunications services throughout its provider that delivers services in Elgin County, with such services at-times requiring the placement of fiberoptic cables in Elgin County right of ways, pursuant to an existing Equipment Consent and Road User Agreement. Eh!Tel desires to establish a Point of Presence Roads 14 and 3 to support its service delivery. DISCUSSION: Eh!Tel is constructing telecommunications infrastructure in the area of Dutton-Dunwich. As part of its expansion of services, Eh!Tel is seeking a licence to construct a POP structure on Elgin County lands, set back from the north-east corner of the intersection of County Roads 14 and 3 (also known as Iona Road and Talbot Line). There is existing Dutton-Dunwich water infrastructure in this area of the Elgin County right of ways. Elgin County staff circulated the proposal to Dutton-Dunwhich and received a response confirming that Dutton-Dunwich has no concerns. In practical terms, the POP is essentially a small steel hut that houses certain network communication infrastructure. Eh!Tel is proposing to extend power to the POP by buried cable from the transmission box located closer to Talbot Line. The site will contain a generator fueled by a natural gas hook-up as a back-up in the event there is a loss of department and EPE staff are satisfied with the site plan. The duration of the licence is for ten (10) years, subject to certain termination provisions on written notice. The licence responsibility, indemnity and insurance clauses to protect Elgin County in the event of a claim for damages arising out of the POP siting. There is an annual fee of $500.00 for the licence. Eh!Tel is also responsible for all construction costs, utility costs during operation and removal and restoration costs if/when the POP is eventually removed. Having considered all of these factors, staff recommend that Eh!Tel be granted a licence to site the POP at the requested location for the purpose of improving access to telecommunication services in Elgin County. FINANCIAL IMPLICATIONS: The annual licence fee is $500.00 annually in new revenue. All costs associated with the project are borne by Eh!Tel. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin Ensuring alignment of Planning for and Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services now and in the future. Exploring different Fostering a healthy ways of addressing environment. Delivering mandated community need. programs and services Enhancing quality of efficiently and Engaging with our place. effectively. community and other stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: None the site plan was circulated to Dutton-Dunwich staff as there is Dutton-Dunwich infrastructure co-located in the general area of the northeast corner of the intersection. Dutton-Dunwich confirmed that it has no concerns with the site plan. CONCLUSION: Staff present and recommend for authorization a licence agreement to permit Eh!Tel Networks Inc. to establish a Point of Presence structure within Elgin County right of way property. The proposed Point of Presence structure is to be located at the north-east corner of Talbot Line and Iona Road and will support local provision of telecommunications services. All of which is Respectfully Submitted Approved for Submission Prepared By: Julie Gonyou Chief Administrative Officer Nicholas Loeb, Director of Legal Services Reviewed By: Brian Lima, General Manager Engineering, Planning, and Enterprise (EPE)/ Deputy CAO THIS AGREEMENT, effective the _____ day of _____________, 2022. LICENCE AGREEMENT B E T W E E N: CORPORATION OF THE COUNTY OF ELGIN (THE ÐLICENSORÑ) -and- EH!TEL NETWORKS INC. (THE ÐLICENSEEÑ) WHEREAS: A. The Corporation of the County of Elgin (the ÐLicensorÑ or ÐElgin CountyÑ) is an upper-tier municipal corporation duly incorporated pursuant to the Municipal Act, 2001 R.S.O. 2001, c. M. 25, as may be amended or replaced (the ÐMunicipal Act, 2001Ñ) and owns and/or has jurisdiction over certain rights of way and highways within its geographic boundaries; B. The Licensor owns certain right of way lands to the north-east of the intersection of the traveled portion of County Roads 14 and 3, also known as Iona Road and Talbot Line (the ÐLandsÑ). C. Eh!Tel Networks Inc. (the ÐLicenseeÑ) is a corporation incorporated pursuant to the laws of Ontario and is a registered telecommunications service provider within the meaning of Telecommunications Act SC 1993, c. 38, carrying on business in the geographic boundaries of Elgin County; D. The Licensor and the Licensee (together, the ÐPartiesÑ) have executed a Telecommunications Equipment Consent and Road User Agreement governing the terms and conditions of the installation, construction, maintenance, repair, etc., of telecommunications equipment within Elgin County right of ways for regular telecommunication service operations. E. The Licensee wishes to erect a Point-of-Presence structure within an Elgin County right of way to support its delivery of telecommunication services within Elgin County. The Point-of-Presence structure proposed by the Licensee will be sited and situated in accordance with the Site Plan attached to this Agreement as Schedule ÐAÑ, which is acceptable to the Licensor. F. Elgin County wishes to expand high-speed telecommunication services as efficiently as possible within the Licensor and is prepared to permit a Point-of-Presence structure as requested by the Licensee on certain terms and conditions. Initials:, , G. The Parties wish to enter into this Licence Agreement to govern the terms of the LicenseeÓs Point of Presence structure within a Licensor right-of-way. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the Parties agree as follows: Grant of Licence 1. The Licensor grants to the Licensee a licence for the non-exclusive use of the Lands for the purpose of installing, maintaining, powering, accessing and using a Point-of- Presence (ÐPOPÑ) structure for the period commencing on December 8, 2022 and ending on December 31, 2032 (the ÐTermÑ), subject to the termination provisions of this Agreement set out in section 9. For greater clarity, the grant of licence includes extending power from the transformer pole situated on the Lands to the POP via buried cable. 2. The POP shall be installed at the location on the Site Plan created by CJDL Consulting Engineers and dated November 1, 2022, attached as Schedule ÐAÑ to this Agreement. Schedule ÐAÑ is incorporated into, and forms an integral part of, this Agreement. 3. In addition to any specific covenant set out in this Agreement, the POP shall generally be installed and constructed substantially in conformance with the description, plans and/or specifications set out in Schedule ÐAÑ to this Agreement. Any deviation from the description, plans and/or specifications set out in Schedule ÐAÑ requires written consent from the General Manager of Engineering. Where there is any discrepancy or conflict between Schedule ÐAÑ and this Agreement, this Agreement shall take precedence over Schedule ÐAÑ. Licence Fee 4. The Licensee shall pay to the Licensor an annual licence fee of FIVE HUNDRED DOLLARS ($500.00) for the duration of the Term of this Agreement. Payment for the calendar year 2023 shall be due immediately upon the execution of this Agreement. In each subsequent calendar year of this Agreement, the annual licence fee shall be due th and payable on or before January 15, for the duration of the Term of the Agreement. Covenants 5. The Licensee covenants with the Licensor: a. To pay the licence fee set out in section 4 of this Agreement; b. To construct the POP in the location and in such a manner as the requirements of this Agreement are met; c. To not interfere, damage or in any way fetter the operations of The Corporation of the Municipality of Dutton-DunwichÓs municipal water pumping station co- located within the Lands; Initials:, , d. To be solely responsible for arranging with Hydro One and the Electrical Safety Authority for electrical requirements, including but not limited to the 100amp service to be installed underground from the transformer pole to the POP; e. To submit the plans for the 100amp service to the Licensor for its review, comment and acceptance prior to proceeding with the installation of the 100amp service; f. To provide written confirmation from the Chief Building Official for the Municipality of Dutton-Dunwich that a permit is not required for the installation of the POP and its appurtenances; g. To be solely responsible for the supply, installation and maintenance of a standby generator and associated concrete pad; h. To ensure that all standards of the Technical Safety Standards Authority, the Electrical Safety Authority, the Canada Radio-Telecommunications Commission and any other regulatory authority are at all times complied with; i. To be solely responsible for all costs, expenses, payments and/or expenditures of any kind whatsoever, including but not limited to costs related to the POP, its installation, the installation of the 100amp service, the supply and installation of natural gas utility pipelines, a POP associated stone pad, the supply and installation of a standby generator, the cost of any utility servicing to the POP, maintaining and/or accessing the POP; j. To not make any renovations, alterations or repair(s) to the POP without the written approval of the General Manager of Engineering, Development and Enterprise or designate; k. To use the POP only for the purpose of supporting its telecommunication service provision within Elgin County; l. To only access the POP between the hours of 7:00am and 10:00pm, save and except where the need for access is for a situation that is both time-sensitive and urgent in nature, acting reasonably; m. Not to erect any buildings or structures on the Lands other than the POP, or to make any changes to the Lands, without the written permission of the General Manager of Engineering, Development and Enterprise or designate; n. To maintain the appearance of the POP in a neat, clean and well-kept manner that meets the requirements of all health and safety regulations; o. To supply its own equipment that it deems necessary for the POP at its sole cost and expense. Any such Licensee owned equipment must have current ULC or CSA approval, where applicable; p. To notify the Licensor of any damage to the LicensorÓs lands, equipment, fixtures or chattels; q. To ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the POP; r. To comply with all municipal, provincial and federal laws, rules, regulations and/or by-laws and to hold the Licensor harmless from any and all consequences of the LicenseeÓs failure or refusal to achieve such compliance; s. To cooperate with and permit the Licensor to monitor and/or inspect the POP in any such ways as it sees fit, acting reasonably; and t. To at all times carry in-force insurance as required by this Agreement; Initials:, , u. To completely remove the POP, inclusive of its concrete pad, and restore the Lands to substantially the same condition at the expiry or other termination of this Agreement as the Lands were in at the commencement of this Agreement; 6. The Licensor covenants: a. To respond to requests for any approval or confirmation required by this Agreement in a reasonably timely manner; b. To ensure that access to the POP is not restricted by any fixture, structure or modification to the right-of-way design; 7. The Licensee shall at all times indemnify and save harmless the Licensor from and against any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings (including those in connection with workers' compensation or any similar or successor arrangement) made, brought against, suffered by or imposed on the Licensor or its property in respect of any failure by the Licensee to fulfill any of its obligations under this agreement or for any reason whatsoever or in respect of any loss, damage or injury (including injury resulting in death) to any person or property (including, without restricting the generality of the foregoing, employees, contractors, agents and property of the Licensor) directly or indirectly arising out of, resulting from or sustained by reason of the existence of the POP, its siting on the Lands, or any operation in connection therewith or any fixtures or chattels thereon. 8. To provide and maintain comprehensive general liability insurance in the minimum amount of Five Million Dollars ($5,000,000) with respect to its use erection and use of the POP during the full Term of this Agreement, inclusive of any renewals, naming the ÐCorporation of the County of ElginÑ as additional insured, and to provide a certificate of insurance evidencing same, concurrent with the execution of this Agreement and as required from time to time by the Licensor. Without limiting the generality of the foregoing, such public liability insurance shall contain provisions for cross-liability, severability of interests, tenantÓs legal liability and no cancellation or alterations without notice to the Licensor. The Licensee shall carry contents insurance sufficient to cover the value of the LicenseeÓs contents of the POP. 9. The Licensor shall have the right to terminate this Agreement at any time by providing the Licensee with ninety (90) daysÓ written notice. Additionally, the Licensor shall have the right to immediately terminate this Agreement where: a. The Licensee breaches any provisions of this Agreement; b. The Licensee is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the LicenseeÓs insolvency; c. The Licensee, prior to or after executing the Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the Licensor; d. The Licensee assigns this Agreement without consent of the Licensor; and, e. If the Licensor requires the Lands on an immediate basis for safety or operational reasons, in the LicensorÓs sole and absolute discretion. Initials:, , The above rights of termination are in addition to all other rights of termination available to the Licensor at law, or events of termination by operation of law. The Licensee shall have no claim for damages or compensation of any kind whatsoever as a result of termination of this Agreement. 10. The Schedule(s) to this Agreement are incorporated and form part of this Agreement. 11. Any notice required to be given to the Licensor or Licensee under the terms of this Agreement shall be sufficiently given if delivered to the Licensor or Licensee, e-mailed, or mailed or prepaid registered mail addressed to it at: To the Licensor: Corporation of the County Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 engineering@elgin.ca To the Licensee: Eh!TEL Networks Inc. 392058 Grey Road, 109 Holstein, Ontario, N0G 2A0 Tammy.P@ehtel.ca Or at such other address as the parties may in writing designate. In either case, such notice shall be deemed to have been received on the date of delivery, or in the case of mailing, five (5) business days after it is delivered to the post office. 12. No departure from or waiver of the terms of this Agreement shall be deemed to authorize any prior or subsequent departure or waiver and the Licensor shall not be obligated to continue any departure or waiver or to permit any subsequent departure or waiver. 13. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. 14. This Agreement embodies the entire agreement between the Parties with regard to the POP and the Lands and supersedes any prior understanding or agreement, collateral, oral or otherwise existing between the parties at the date of execution of the Agreement. 15. This Agreement shall enure to the benefit of, and be binding upon, the Parties and their respective successors and permitted assigns. Initials:, , 16. This Agreement may be executed in counterpart, may be exchanged by scanned or faxed copy and may be executed using electronic signatures. A combination of counterparts shall be deemed to be an original. IN WITNESS WHEREOF, the Licensor and the Licensee have respectively executed and delivered this Agreement on the date set out above. Corporation of the County of Elgin by: _________________ ____________________________________ Date Warden _________________ ____________________________________ Date Julie Gonyou, CAO We have authority to bind the corporation. EH!TEL NETWORKS INC. by: _________________ ____________________________________ Date Antonius Peeters I have authority to bind the corporation Initials:, , 1 REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer Olivier Marcau, Network Analyst DATE: November 14, 2022 SUBJECT: Information Technology Services (ITS) Asset Management Policy RECOMMENDATIONS: THAT the (ITS) Asset Management THAT Council hereby approve Policy # ITS 1.0 as presented. INTRODUCTION: The purpose of this report is to Technology (ITS) Asset Replacement Policy. DISCUSSION: The ITS Asset Management Policy provides a framework for the appropriate and effective management of IT equipment from procurement to disposal and defines responsibilities that relate to the implementation of this policy. This policy has been developed to provide a clear instruction on the appropriate management of physical information technology assets to help to ensure that the County is meeting its legal, regulatory, contractual and licencing obligations. The ITS Asset Management Policy is designed to ensure that ITS assets are: managed appropriately from the point of acquisition to the time of disposal in a registered within the Information Technology Service Management (ITSM) which supported and maintained throughout their lifecycle so that they deliver best value for the investment; and controlled effectively to protect the data and information that they store or transmit. 2 This policy does not stand in isolation and must be implemented in conjunction with the wider range of information security, procurement and financial related policies of the County. FINANCIAL IMPLICATIONS: Management Policy is long overdue and will help control downtime and manage unexpected costs. Historically, assets were replaced when they reached the end of their useful life. This approach often resulted in inaccurate budgeting, increased deliberations, streamline purchasing and reduce downtime which often resulted from old equipment. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin Ensuring alignment of Planning for and Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services now and in the future. Exploring different Fostering a healthy ways of addressing environment. Delivering mandated community need. programs and services Enhancing quality of efficiently and Engaging with our place. effectively. community and other stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: None. 3 CONCLUSION: streamline purchasing and reduce downtime. All of which is Respectfully Submitted Olivier Marcau Network Analyst Julie Gonyou Chief Administrative Officer /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ LƓŅƚƩƒğƷźƚƓ ĻĭŷƓƚƌƚŭǤ ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ Subject: ITS ASSET MANAGEMENT POLICY Policy Number: ITS 1.0 Date Approved: December 7, 2022 Effective Date: December 7, 2022 Purpose The ITS Asset Management Policy defines the procurement, provisioning, and ITS property of Elgin County. Definitions "ITS Assetor " means any physical electronic device owned by Elgin County, which may contain or have access to sensitive information such as files and emails or has considerable value and is uniquely identifiable via a serial number or other means. "County" means the Corporation of the County of Elgin. "Authorized Person(s)" means any employee, consultant or contractor of Elgin County who has been approved by their respective Department Head under this policy. "Bring Your Own Device (BYOD)" means an employee who brings personally owned devices (laptops, tablets, smartphones, etc.) to work, and uses those devices to access privileged company information and applications. "Corporate Information" is any and all information in the control and custody of Elgin County, whether generated by employees received from third-parties. "Information Technology Service Management System (ITSM)" is software used for managing end-to-end delivery of IT services such as service requests, hardware purchases and reporting. "ITS" means Information Technology Services. t ğ ŭ Ļ Њ ΋ Ў /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ LƓŅƚƩƒğƷźƚƓ ĻĭŷƓƚƌƚŭǤ ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ "Personally Owned Mobile Device(s)" are any Mobile Devices which are owned and maintained by the Authorized Person and used for business purposes. Policy All information technology must be procured in compliance with Elgin , and technologies that store or provide access to sensitive information or provide remote access to systems or infrastructure must be reviewed by Elgin County ITS prior to acquisition or procurement per the Procedures in this Policy. Any ITS Asset shall be subject to a Risk Assessment, which defines the potential damage an ITS Asset may cause should it be rendered inaccessible (lost, stolen, damaged, or compromised), and the likelihood of the ITS Asset being rendered inaccessible. Procedure 1. Procurement of Assets Elgin County ITS is responsible for and/or participates in procurement services for the purchase of computer software, workstations, laptops, servers, mobile and network devices, and associated accessories. By providing input into procurement services, assets purchased under this arrangement are ensured to meet both Elgin County and Elgin County ITS requirements, meeting current hardware and software standards, and adheres to the Elgin County purchasing policy. Elgin County ITS also maintains an Information Technology Service Management (ITSM) system which tracks the lifecycle of Assets in use at Elgin County. Assets procured through Elgin County ITS shall be deployed to Elgin County staff following a process of configuration to ensure security and will be supported by Elgin County ITS for the lifecycle of the Asset. Assets may be directly procured, such as components as part of an audio visual (AV) system or automation system. These assets shall be identified and added to the ITSM system, provided ITS Where a department other than Elgin County ITS is procuring ITS Assets, Elgin County ITS shall be consulted prior to the procurement of these third-party assets as there may be operational implications through the procurement, installation, and maintenance of these assets. t ğ ŭ Ļ Ћ ΋ Ў /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ LƓŅƚƩƒğƷźƚƓ ĻĭŷƓƚƌƚŭǤ ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ 2. Support, Maintenance or Warranty All hardware and software must be accompanied by support, maintenance, or warranty for the expected lifecycle of the hardware or software. This allows the Elgin County ITS Department to properly support the hardware or software as expected by Elgin County and the Elgin County ITS Department. This requirement may be waived jointly by the Chief Administrative Officer and Director of ITS. 3. Disposal of Assets When an Asset is no longer fit for purpose, Elgin County ITS staff shall mark the asset as Disposed in the ITSM system and will either be sold, pursuant to Policy # 2003- 01 Asset Disposal Policy or recycled using an approved electronic recycling organization. Assets which are marked for Disposal shall have any confidential or sensitive information removed prior to the recycling of the Asset. Physical Storage Devices shall be removed from the Asset for physical destruction by an approved electronic recycler. Accepted physical destruction includes shredding or degaussing. Physical Storage Devices shall be stored in a secured manner while awaiting physical destruction. Elgin County ITS staff shall visually monitor the physical destruction of these Physical Storage Devices. Should visual monitoring be unavailable for security or safety reasons, the electronic recycler shall provide certification of destruction of these devices. Note: Please do not throw out old computer equipment. To help protect the environment, a licensed recycling company will be contracted to dispose of this equipment. All computer equipment is the property of Elgin County and cannot be given away or donated without proper authorization by the Chief Administrative Officer. t ğ ŭ Ļ Ќ ΋ Ў /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ LƓŅƚƩƒğƷźƚƓ ĻĭŷƓƚƌƚŭǤ ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ 4. Hardware Replacement and Upgrades Repurposing Assets When an Asset has been replaced, it may be repurposed at the discretion of the Director of ITS and / or Chief Administrative Officer, should Elgin County ITS staff deem it to be fit for purpose. In most cases, Assets which are to be repurposed shall be restored to their original configuration, with any personal or sensitive data removed. As required, an Asset may be repurposed without restoring to its original configuration. This is typically for scenarios in which an Asset is being reused for the same purpose it was originally used, or the Asset does not contain personal or sensitive data. The ITSM system shall be updated to include information regarding the repurposing of this asset. Fit for Purpose To be deemed Fit for Purpose, an Asset must: Be supported by the vendor or manufacturer through the release of feature updates or security patches. Be in good working order and capable of performing the task for which the Asset is intended to be used. Be supportable by Elgin County ITS staff through the availability of software updates or spare parts required to maintain the good working order of the Asset. Should an asset no longer be deemed fit for purpose, Elgin County ITS will no longer be able to support the Asset and will recommend its disposal. 5. Hardware Lifecycle & Replacement Plans Departmental specific Hardware Replacement Plans will be completed by the IT Department before budget of each year to determine which hardware needs replacing to maintain the integrity of the overall Network and its associated Information Systems. This includes network and server equipment, computer equipment and other related Department-specific technology as it relates to this policy. Hardware Replacement Plans will be developed by examining the current inventory of each Department and applying current industry best practises for the replacement of technology. These requirements and recommendations will be submitted to the respective Department Head for inclusion into their budget. t ğ ŭ Ļ Ѝ ΋ Ў /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ LƓŅƚƩƒğƷźƚƓ ĻĭŷƓƚƌƚŭǤ ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ This chart defines the anticipated lifecycle for an Asset. At the end of the anticipated lifecycle, Elgin County ITS staff will recommend disposal and replacement of the Asset. Asset Type Anticipated Lifecycle Workstation 4-5 Years Laptop 4-5 Years Server 7 Years Network Device 4-7 Years Mobile Device 2-4 Years Smart Device, including 3-5 Years iPads 6. Documentation and Reporting Staff are responsible for notifying Elgin County ITS when ITS Assets as defined in this policy are acquired or relocated for the purpose of centralized tracking. Staff shall immediately notify Elgin County ITS in the event an ITS Asset is damaged, lost or stolen and requires replacement or repair, as described in Policy #13.10 - Acceptable Use Policy for Computer Equipment Software, Internet Access and Internet E-mail. Elgin County ITS shall provide record keeping services for assets procured or supported under this policy, as required by the Public Sector Accounting Board (PSAB). Additionally, records shall be maintained regarding device location, user information, external support services/warranties, and recommended lifecycle for ITS Assets. 7. Compliance Elgin County ITS Department enforces this Policy and the related standards at all times. Anyone who has reason to suspect a violation of this Policy is encouraged to promptly report it to the Elgin County ITS Help Desk. Policy violations that come to the attention of the ITS Help Desk will be escalated to the Director of ITS and / or Chief Administrative Officer. Suspected and confirmed violations will be reported to the Director of Human Resources or designate. Staff in violation of this policy may be subject to disciplinary action up to and including termination. t ğ ŭ Ļ Ў ΋ Ў 1 REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: November 30, 2022 SUBJECT: KCCA Memorandum of Understanding RECOMMENDATIONS: THAT the report from the Chief Administrative Officer titled KCCA Memorandum of Understanding dated November 30, 2022 be received and filed; and THAT the Memorandum of Understanding between the Corporation of the County of Elgin and Kettle Creek Conservation Authority for a program and services required for the duties of Tree commissioner and Weed Inspector be approved as presented and made effective January 1, 2023; and further, THAT the Warden and Chief Administrative Officer be directed to sign the Memorandum of Understanding. INTRODUCTION: The purpose of this report is to Memorandum of Understanding Tree Commissioner and Weed Inspector services The new restrictions on Conservation Authorities restraining them from providing a municipal program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act, enacted by Bill 23 - More Homes Built Faster, are not anticipated to have any impact on this service or the MOU. BACKGROUND AND DISCUSSION: arrangement between the County and KCCA to fulfill the duties of both positions, and is folded into the KCCA position of Forestry and Lands Conservation Supervisor. The agreement was initiated in 1999 and is renewed annually. 2 1 Conservation By-Law 05-03 woodlot is considered anything greater in size than one half (1/2) acre (0.2 hectares). Commissioner is an appointed official of the County. It is the Tree woodlots is consistent with the goals set out in the Woodlands Conservation By-law. The Forestry and Lands Conservation Supervisor job description is included for For continuity of service that is beneficial to all parties, additional agreements are in place to provide short-term coverage of these duties in Middlesex County and vice- versa. LEGISLATIVE REVIEW: Woodlands Conservation By-Law 05-03 is a By-Law authorized by the Municipal Act, 2001. Specifically, the By-Law is made pursuant to the following authorities: Section 135 (2), Without limiting sections 9,10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law. Section 135 (7) Without limiting sections 9, 10 and 11, a municipality may, in a by-law passed under this section, (a) Require that a permit be obtained to injure or destroy trees; and (b) Impose conditions to a permit including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees. Section 431, If any by-law of a municipality or by-law of a local board of a municipality under this or any other act is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order, (a) Prohibiting the continuation of the offence by the person convicted; and (b) In the case of a by-law described in Section 135, requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 1 https://www.elgincounty.ca/wp-content/uploads/2020/02/Consolidated-Version-of-Tree-By-Law.pdf 3 Amendments to the Conservation Authorities Act KCCA is working through new requirements as a result of recent amendments to the Conservation Authorities Act (hereinafter referred t. Conservation Authorities are now required to categorize their programs and services into three (3) categories: Category 1: Mandatory programs and services where municipal levy can be used without an agreement Category 2: Non-mandatory programs and services the CA delivers at the request of a municipality through an MOU or agreement Category 3: Other non-mandatory programs and services a CA determines are on. programs and services, we do have a long-standing arrangement with KCCA for the delivery of the Tree Commissioner and Weed Inspector program. For the purposes of transparency and best management practices, it is recommended that our service arrangement with KCCA be classified as Category 2 - a program that KCCA delivers at the request of a municipality through an MOU or agreement. The Act identifies a number of requirements regarding the contents of the agreements for Category 2 services. These requirements include: 1. ; 2. That the agreement is subject to review at intervals determined in the memorandum or agreement; and 3. That programs and services must be provided in accordance with the terms and conditions of the agreement. The Act also requires the Authority to develop a watershed-based resource management strategy. The watershed-based resource management strategy may not include a municipal (Category 2) program or service unless the Category 2 Agreement includes provisions that those programs and services be included in the strategy. The result of these changes to the Act is that the MOU between Elgin and KCCA must be updated to ensure all of the legislative requirements are adequately captured. The existing agreement has been amended to include all of the necessary legislative components, including wording recognizing that the Woodlands Conservation By-Law is an important component of a strategy to maintain or enhance the overall environmental health of our watershed. 4 FINANCIAL IMPLICATIONS: As detailed in the MOU: In 2023, Elgin shall pay to KCCA the annual amount of $48,483.00. The annual st compensation shall be paid in four, equal quarterly installments on or by March 31, ththst June 30, September 30 and December 31 in each calendar year during the term of the MOU. In each subsequent year after 2023, the compensation payable by Elgin to Living Adjustment means an annual adjustment in the amount of the annual compensation compared to the previous year, in an amount equivalent to the percentage increase, if any, to the non-union staff compensation rates of Elgin, as may st in 2024 and occur by March 31 in each year of the term of the MOU thereafter, following the annual CPI rate becoming available from the Province of Ontario, and shall st be applied retroactively to January 1 of each year of the MOU, beginning in 2024. KCCA specifically acknowledges a not approve an increase in any year during the Term of this Agreement, there will as a result be no year-over- Agreement. The County also maintains a pick-up truck vehicle as part of its fleet for the purpose of delivering these services. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin Ensuring alignment of Planning for and Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services now and in the future. Exploring different Fostering a healthy ways of addressing environment. Delivering mandated community need. programs and services Enhancing quality of efficiently and Engaging with our place. effectively. community and other stakeholders. Additional Comments: None 5 LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Notice will be provided to Kettle Creek Conservation Authority. CONCLUSION: The amendments to the MOU include housekeeping changes required to ensure it aligns with changes to legislation. It is recommended that the MOU be approved as presented. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer This Memorandum of Understanding is made effective January 1st, 2023. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN AND: KETTLE CREEK CONSERVATION AUTHORITY KCCA) Whereas: (a) Elgin is an upper-tier municipality incorporated pursuant to the Municipal Act, 2001 ); (b) KCCA is a conservation authority established by the Conservation Authorities Act, ) and its regulations, including but not limited to O. Reg. 181/06; (c) The purpose of the Conservation Authorities Act is to provide for the organization and delivery of programs and services that further the conservation, restoration, development and management of natural resources in watersheds in Ontario; (d) KCCA delivers programs and services in conformity with the Conservation Authorities Act, including non-mandatory programs and services that KCCA delivers at the request of a municipality through a Memorandum of Understanding or Agreement; (e) Elgin believes that the services of a tree commissioner for woodland conservation and the protection of trees pursuant to its Woodlands Conservation By-Law, By-Law No. 05- 03, as amended, is an important service that furthers the conservation, restoration, development and management of natural resources in the watershed(s) that comprise Elgin County; (f) s Conservation By-Law specifies that the purposes of the by-law includes: (i) Preservation and improvement of woodland resources in Elgin County through good forestry practices; (ii) Promotion of good forestry and utilization practices that sustain healthy woodlands; (iii) Minimize the destruction or injury of trees; (iv) Regulation and control of the removal, maintenance, and protection of trees; (v) Protection, promotion, and enhancement of the aesthetic value of woodlands; (vi) Recognition and reconciliation of the entitlement of the owners of lands to use and enjoy such lands and woodlands located thereon with the purposes of this By-Law as otherwise stated above; (g) The Weed Control Act, R.S.O. 1990, c. W. 5 is intended to: (i) Reduce the infestation of noxious weeds that negatively impact on agriculture and horticulture lands; (ii) Reduce plant diseases by eliminating plant disease; (iii) Reduce health hazards to livestock and agricultural workers caused by poisonous plants; (iv) Reduce invasive weed growth and allow native species to better flourish; (h) KCCA is responsible for a watershed-based resource management strategy; (i) For non-mandatory municipal programs or services pursuant to section 21.1.2(1) of the Conservation Authorities Act to be included in the watershed-based resource management strategy, the agreement for such programs or services must include provisions that the programs or services be included in the strategy; (j) Elgin desires that the Tree Commissioner and Weed Inspector program and services be included in the watershed-based resource management strategy; (k) KCCA agrees that tree conservation, protection and rehabilitation and the elimination of noxious weeds plays an integral role in watershed-based resource management; (l) KCCA wishes to provide a Tree Commissioner and Weed Inspector program and services to Elgin as part of its watershed-based resource management strategy; (m) Elgin and the Client desire to reduce the terms of the program and services arrangement described above to writing . The Parties as identified above therefore acknowledge and agree as follows: TCWI Program 1. KCCA shall provide a program and services required for the duties of Tree 2. The TCWI Program must be included in t-based resource management strategy. 3. The TWCI Program must be provided in accordance with the terms and conditions of this MOU. person possessing the qualifications, knowledge and skills appropriate for a Tree Commissioner and Weed Inspector. KCCA is permitted to title the position that includes the Tree Commissioner and Weed Inspector duties and responsibilities at its discretion. The employment of such person shall conform to the duties and responsibilities of the administratively amended by mutual agreement of the Parties from time to time without requiring a written 4. KCCA represents and warrants that the TCWI Program shall be provided to a reasonable professional standard. This includes, but is not limited to, following Elgin enforcement protocols and/or policies that may be in force from time to time when - Law No. 05-03, as amended or replaced. Elgin will provide copies of such protocols to KCCA. 5. The primary reporting function and supervision requirement for the Tree Commissioner and Weed Inspector is to the General Manager of KCCA or such other person that KCCA designates. Notwithstanding this primary reporting function and subject to section 20 of this MOU, KCCA agrees that for the purpose of this MOU, the relevant activities of the Tree Commissioner and Weed Inspector shall be monitored by Elgin and the results of such monitoring shall be reported, in writing, by Elgin to KCCA. Any issues arising out of such monitoring shall be resolved by the Elgin CAO and the KCCA General Manager. 6. KCCA will seek to supplement the TCWI program through continued public awareness and education initiatives and through assistance by employment program personnel. 7. KCCA will provide quarterly statistical reports regarding the TCWI program and services to Elgin and its Council. 8. Elgin shall designate the Tree Commissioner and Weed Inspector as an enforcement officer for the purpose of By-Law No. 05-03, as amended or replaced. Financial Matters 9. KCCA shall be responsible for directly compensating the Tree Commissioner and Weed Inspector inclusive of all salary, benefits, pension or retirement fund contributions, expenses or other similar costs. 10. Compensation to KCCA by Elgin for the delivery of the TCWI Program is subject to the following terms and conditions: a. In 2023, Elgin shall pay to KCCA the annual amount of $48,483.00. b. The annual compensation shall be paid in four, equal quarterly installments on or stththst by March 31, June 30, September 30 and December 31 in each calendar year during the term of this MOU. c. In each subsequent year after 2023, the compensation payable by Elgin to KCCA Annual Cost of Living AdjustmentCost of Living Adjustment means an annual adjustment in the amount of the annual compensation compared to the previous year, in an amount equivalent to the percentage increase, if any, to the non-union staff compensation rates of Elgin, s Council. The Annual Cost of Living Adjustment st shall commence in 2024 and occur by March 31 in each year of the term of this MOU thereafter, following the annual CPI rate becoming available from the st Province of Ontario, and shall be applied retroactively to January 1 of each year of this MOU, beginning in 2024. KCCA specifically acknowledges and agrees during the Term of this Agreement, there will as a result be no year-over-year 11. KCCA shall be responsible for the costs of workplace equipment such as computer, cell phone, production of documents, and any other approved expenses in accordance with KCCA policies. 12. In the event that KCCA does not employ a Tree Commissioner and Weed Inspector for a period more than one (1) month in any calendar year during the duration of this MOU, the annual compensation set out in this MOU shall be pro-rated accordingly to acknowledge that lack of delivery of the TCWI Program during such period. Supply of Vehicle 13. KCCA hereby acknowledges and agrees that at the date of this MOU coming into force this condition is satisfied by the existing vehicle already supplied by Elgin. 14. Elgin shall be responsible for at all times ensuring that the vehicle is appropriately insured for use by the KCCA for the purpose of the TCWI Program. 15. KCCA will be responsible for at all times monitoring the state of maintenance and repair of the Vehicle and, where necessary, arranging for the maintenance and repair work to the Vehicle. KCCA shall make such arrangements in consultation with Elgin staff. Elgin shall be responsible for the payment of all invoices associated with reasonably required or recommended maintenance and repair work to the Vehicle. Term and Termination 16. The Parties hereto specifically acknowledge and agree that, in light of subject matter of this MOU, including but not limited to the financial and employment arrangements deriving therefrom, this MOU shall commence on January 1, 2023 but shall have no specific end date, subject to the termination provisions set out below. 17. The Parties shall be at liberty to terminate this MOU at any time by providing at least six Indemnity 18. The Parties hereby agree that they will, from time to time, and at all times, well and truly save, and assigns, from and against all actions, claims and demands whatsoever which may be brought against or made upon the Indemnified Party and against all loss, liability, judgments, claims, costs, demands or expenses which the Indemnified Party may sustain, suffer or be put to: a. resulting from or arising out of any breach, violation or non-performance of any covenant, condition, agreement or other obligation in this MOU to be fulfilled, kept, observed and performed by the Party; and b. resulting or occasioned by any wrongful act, default, omission or negligence of the Party and those for whom it is in law responsible, including but not limited to any damage to property and any injury to any person (including death). Insurance 19. The Parties shall each maintain a policy of Commercial General Liability insurance that shall: a. have a limit of liability of not less than Five Million Dollars ($5,000,000) inclusive for any occurrence; b. include damage caused by vehicles owned by the Party and used in conjunction with the work either within or outside the contract limits, and shall have a limit of liability of not less than $2,000,000 inclusive for any one occurrence; c. include Professional Liability / Errors and Omissions coverage of not less than Two Million Dollars ($2,000,000). d. be endorsed to include the other Party as additional insured. No Agency or Employment Relationship 20. KCCA and Elgin agree that the KCCA, its servants, agents and employees shall under no circumstances be deemed to be employees of Elgin. Additionally, save and except those authorities specifically provided for in the TCWI Program, no KCCA employee shall have the right to enter into any commitments, contracts or agreements in the name of Elgin or to bind Elgin in any respect whatsoever. Records 21. The Tree Commissioner and Weed Inspector shall create and maintain records detailing investigation activities contemplated by this MOU, including but not limited to those required any statute, regulation or by-law. 22. The investigation records shall be maintained by the Tree Commissioner and Weed Inspector in accordance with its retention policies and protocols. Elgin shall have access to such records and be permitted to make such copies whether photocopies or electronic copies, upon demand during normal business hours. Notices 23. Any notification or written communication required by or contemplated under the terms of this MOU shall be in writing and sent by Registered Mail, Return Receipt Requested and which shall be deemed to have been delivered five business days after the date of mailing or by electronic mail which shall be deemed to be delivered on the day it is sent, unless it is sent after 4:30pm in which case it shall be deemed to have been delivered on the next business day. Addresses for such notices shall be Corporation of the County of Elgin Chief Administrative Officer 450 Sunset Drive St. Thomas, ON, N5r %v1 Kettle Creek Conservation Authority General Manager 44015 Ferguson Line St. Thomas, ON, N5P 3T3 Miscellaneous 24. This MOU shall be subject to review bi-annually by Elgin and KCCA. 25. No departure from or waiver of the terms of this MOU shall be deemed to authorize any prior or subsequent departure or waiver and the parties shall not be obligated to continue any departure or waiver or to permit any subsequent departure or waiver. 26. This MOU shall be constructed with all changes in number and gender as may be required by the context. Any titles used within this document are for reference purposes only and not an aid to interpretation. 27. Whenever a statement or provision in this MOU is followed by words denoting inclusion or example and then a list of or reference to specific items, such list or reference shall not be read so as to limit the generality of that statement or provision, even if words such as 28. The parties agree that all covenants and conditions contained in this MOU shall be severable, and that should any covenant or condition in the MOU be declared invalid or unenforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the MOU shall remain valid and not terminate thereby. 29. This MOU shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. 30. This MOU embodies the entire agreement between the parties with regard to the provision of deliverables and additional deliverables and supersedes any prior understanding or agreement, collateral, oral or otherwise with respect to the provision of the deliverables and additional deliverables, existing between the parties at the date of execution of the MOU. 31. This MOU, executed in counterpart, may be exchanged by electronically scanned or faxed copy. A combination of counterparts shall be deemed to be an original. 32. This MOU shall enure to the benefit of, and be binding upon, the heirs, executors, administrators, successors and permitted assigns of the parties hereto. {ONE (1) SIGNATURE PAGE FOLLOWS} IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals duly attested by their authorized signing officials or representatives. Dated at St. Thomas, Ontario this day of , 2022. Corporation of the County of Elgin Per:_________________________ Name: Julie Gonyou Position: Chief Administrative Officer Per:_________________________ Name: Position: Warden I have authority to bind the corporation Kettle Creek Conservation Authority Per:________________________ Name: Elizabeth VanHooren Per:________________________ Name: Position: Chair We have authority to bind the Authority 1 REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: December 1, 2022 SUBJECT: Elgin / Medavie EMS Elgin Ontario Inc. Approval of Format for Community Paramedicine Services Motor Vehicle Leases and Authorization for Execution of Vehicle-Specific Leases RECOMMENDATIONS: It is recommended that: 1. The within Report to Council, dated December 1, 2022Elgin / Medavie EMS Elgin Ontario Inc. Approval of Format for Community Paramedicine Motor Vehicle Leases and Authorization for Execution of Vehicle- Specific Leasesbe received and filed; 2. Elgin County Council approve the proposed format for Motor Vehicle Lease Agreements between and Elgin County Community Paramedicine Services Motor Vehicles; and, 3. Elgin County Council authorize the Warden and Chief Administrative Officer to execute the said Motor Vehicle Lease Agreements, to be prepared by Elgin Legal Services in keeping with such approved format and to relate to three (3) th Community Paramedicine Vehicles for a Term commencing November 30, st 2022, and ending March 31, 2024, and contemplating a nominal rental rate of ONE DOLLAR ($1.00) for such Term. INTRODUCTION: The purpose of this Report is to inform Council that consensus has been reached with as to the terms and conditions of a new motor vehicle Lease Agreement format for community paramedicine vehicles and to otherwise seek authorization for execution of three (3) vehicle-specific Lease Agreements prepared in accordance with such format for effective Terms commencing November thst 30, 2022 and ending March 31, 2024. 2 BACKGROUND AND DISCUSSION: The County has received funding for Community Paramedicine Services in Elgin County and the City of St. Thomas. The County and Medavie intend to enter into an Agreement for Medavie to provide Community Paramedicine Services within those geographic limits. The intended agreement will provide, in part, that the County supply Medavie with, among other things, motor vehicle(s) facilitating the provision of community paramedicine services. The program is fully funded by the Province of Ontario, including the costs associated with procuring the vehicles. As such, any Lease Agreement relative to a Paramedicine Services motor vehicle will contemplate a nominal rental rate of ONE DOLLAR ($1.00) for the effective Term of such Lease. Prompted by the approval from the Province for Elgin County to deliver this program earlier this year, consensus has now been reached as to the format of any such Community Paramedicine Motor Vehicle Leases, a copy of which format is attached to this Report. It is noted the attached format incorporates the intended Term for the first three (3) Community Paramedicine Vehicles, effectively commencing November 30th, st 2022, and ending March 31, 2024, the latter date being the current expiry of provincial funding for the subject programme. In the event that provincial funding for the paramedicine programme is continued after that date, a series of new Motor Vehicle Leases, likely for the same vehicles, could then be executed for a Term mirroring the availability of funding. Medavie has agreed to the attached lease format and provisions and is willing to execute vehicle-specific Lease Agreements based on such format. It is therefore reported that a consensus has been reached as to the terms and conditions of a format for Community Paramedicine Services Motor Vehicle Lease Agreements. With Council approval of such format, staff can prepare and arrange for execution of specific Lease Agreements for three (3) Community Paramedicine Services Vehicles already received. FINANCIAL IMPLICATIONS: None. 3 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin Ensuring alignment of Planning for and Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services now and in the future. Exploring different Fostering a healthy ways of addressing environment. Delivering mandated community need. programs and services Enhancing quality of efficiently and Engaging with our place. effectively. community and other stakeholders. Additional Comments: None LOCAL MUNICIPAL PARTNER IMPACT: None, COMMUNICATION REQUIREMENTS: None. CONCLUSION: Staff is pleased to report that consensus has been reached with Medavie for the format of Lease Agreements for Community Paramedicine Vehicles. The terms of the proposed Lease Agreement are consistent with existing formats and practices for Ambulances. Staff recommends approval of the proposed lease format and authorization of the Warden and Chief Administrative Officer to execute three (3) Lease Agreements as prepared by Elgin Legal Services in keeping with such approved format. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer This Agreement made in triplicate this day of December, 2022. Between Corporation of the County of Elgin (hereinafter ÐLessorÑ) Of The First Part And Medavie EMS Elgin Ontario Inc. (hereinafter ÐLesseeÑ) Of The Second Part WHEREAS the Corporation of the County of Elgin and Medavie EMS Elgin Ontario Inc. intend and will enter into an agreement pursuant to which the said Medavie EMS Elgin Ontario Inc. will provide community paramedicine services within the territorial limits of the said County of Elgin. AND WHEREAS the said intended agreement will provide, in part, that the Corporation of the County of Elgin shall supply the said Medavie EMS Elgin Ontario Inc. with, among other things, motor vehicle(s) facilitating the provision of such community paramedicine services. AND WHEREAS the said Corporation of the County of Elgin and Medavie EMS Elgin Ontario Inc. have reached consensus as to terms and conditions by which the said Corporation of the County of Elgin shall lease required motor vehicle(s) to Medavie EMS Elgin Ontario Inc. for the purposes aforesaid and the said Parties wish to reduce the said terms and conditions in writing. NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now paid each to the other and the obligations and covenants otherwise set forth herein, the sufficiency and receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. Lease (1) Subject to the following terms and conditions the Lessor agrees to lease to the Lessee the motor vehicle described in the attached Schedule ÐAÑ (Ðthe VehicleÑ), which schedule forms part of this agreement. (2) The Vehicle shall be equipped with the manufacturerÓs standard equipment including any additional equipment or accessories, if any, as described in Schedule ÐAÑ. 2. Period of Lease (1) The Lessor agrees to lease to the Lessee the Vehicle for a period of sixteen (16) months thst and commencing on the 30 day of November, 2022and ending on the 31day of March, 2024 (the ÐTermÑ); provided at all times that, prior to March 31, 2024, if the intended Community Paramedicine Services Agreement as referenced above is not executed or, if executed, is terminated by either Party hereto or, in the alternative, if provincial funding for the provision of community paramedicine services within the territorial limits of the County of Elgin is cancelled, terminated, or suspended, or, in the further alternative, if Medavie does not provide or no longer provides community paramedicine services within the territorial limits of the County of Elgin, then and in such event this Lease Agreement shall automatically terminate pursuant to the terms and processes as set forth in section 10 below. 3. Rental (1) The rental rate for the Vehicle shall be the sum of ONE DOLLAR ($1.00) for the stated Term hereof, or if such Term is terminated earlier pursuant to section 2(1) above and section 10 below, notionally payable and paid on the first day of the Term as identified above. 4. Use of the Vehicle (1) The Lessee agrees that the Vehicle shall be used only in the course of delivering, providing and/or rendering of community paramedicine services and/or any ancillary use associated therewith, at all times and in all manner within the territorial limits of the County of Elgin. The Lessee must ensure that any persons it may permit to operate the Vehicle are fully licensed and competent to drive such Vehicle. The Lessee covenants that the Vehicle shall not be loaned to any other person, corporation, or entity for any use under any circumstance whatsoever except as provided herein. The Lessee further covenants that the Vehicle shall not be driven by drivers who are not acceptable to the insurers insuring the Vehicle or by drivers who at the time are known to the Lessee to be under the influence of intoxicating liquor or drugs or whose ability has been impaired in some manner. (2) With the written consent of the Lessor, the Lessee may install other additional equipment or accessories, provided that the installation of the same will not be harmful or injurious to the Vehicle and such other additional equipment and accessories may be removed by the Lessee prior to the expiration of the term of this Agreement. In the event of damage or injury to the Vehicle by the installation or removal of such other additional equipment and accessories, the Lessee shall pay to the Lessor upon demand the cost for repairing the damage caused by the installation or removal of the additional equipment or accessories. (3) The Lessee agrees that, during operational hours for Community Paramedicine Services personnel, the Vehicle shall be based from those premises known municipally as 450 Sunset Drive, St. Thomas, Ontario, at which premises there will be assigned parking spaces, while, during non-operational hours for Community Paramedicine Services personnel, the Vehicle shall be parked and secured within the fenced compound at those premises known municipally as 480 Sunset Drive, St. Thomas, Ontario. 5. Registration of Vehicle (1) The Vehicle shall be registered in the name of ÐCorporation of the County of ElginÑ under the provincial laws pertaining to the registration of motor vehicles. Notwithstanding any registration, it is understood and agreed between the parties that the Lessor shall not be liable or responsible for the infraction of or non-compliance with any federal, provincial or municipal statue, law, by-law, ordinance, rule or regulation whatsoever relating to the operation or use of the Vehicle or for the use or operation of the Vehicle contrary to the provisions of any insurance policy or for loss or damage to persons or property caused or contributed to by the operation or use of the Vehicle. The Lessee agrees to indemnify and forever save harmless the Lessor of and from all claims and demands that may be made against the Lessor in connection therewith. 6. Maintenance and Repair (1) The Lessor covenants that, at the commencement of this Lease, the Vehicle will meet all Ministry of Transportation of Ontario (ÐMTOÑ) certification standards. All repairs to or replacement parts for the Vehicle which are required for MTO certification will be carried out or provided by the Lessee at itÓs own expense. (2) The Lessor agrees to supply a repair manual with the Vehicle as was provided by the manufacturer thereof. (3) The Lessee shall maintain the Vehicle in a condition satisfactory to the Lessor during the currency of this Agreement. Without limiting the generality of the foregoing, the Lessee agrees: (a) to have the Vehicle maintained and serviced on a regular basis in the manner outlined in any ownerÓs manual supplied by the manufacturer of the Vehicle; and (b) to pay all the expenses of operating and maintaining the Vehicle until returned by the Lessee to the Lessor according to the terms of this Agreement, including gasoline, oil, grease, repairs, adjustments to various parts, replacement parts, permanent type anti-freeze, windshield washer fluid, tire repairs, tire replacements or rotation of tires, washing, polishing, storage, parking fees, fines summonses, initial licence plates and all subsequent renewals. (4) The Lessee agrees that upon reasonable notice from the Lessor it will make available at convenient times and places the Vehicle for inspection and examination by the LessorÓs duly authorized employees, contractors, or agents. 7. Insurance (1) The Lessee agrees at its own expense to obtain and, subject to the insurerÓs right of cancellation, to maintain during the currency of this Agreement, a standard automobile insurance policy or policies insuring the Lessee as a named insured, and the Lessor and all persons authorized under this Agreement to operate the Vehicle as additional insureds. The coverage shall be as follows: (a) TWENTY MILLION DOLLARS ($20,000,000.00) per occurrence for legal liability for bodily injury or death and damage to the property of others including passenger hazard, regardless of the number of claims arising from any one incident; (b) collision coverage for the Vehicle as defined in the Ontario standard automobile policy in the amount of the actual cash value of the Vehicle leased under this Agreement at the time the loss or damage occurs. It is understood and agreed that the LesseeÓs insurance policy has a $2,500.00 maximum deductible for each and every accident. The Lessee agrees to retain the deductible if it decides to repair the Vehicle or to pay the Lessor the deductible for each separate claim within thirty (30) days after being provided by the Lessor with an estimate or appraisal of the damage; and (c) fire, theft and comprehensive coverage in the amount of the actual cash value of the Vehicle at the time of the loss or damage. It is understood and agreed that the LesseeÓs insurance policy has a $2,500.00 maximum deductible for each separate claim. The Lessee agrees to pay the Lessor the deductible for each separate claim within thirty (30) days of receipt of an invoice or demand therefor. (2) Notwithstanding anything contained in this Agreement, or in any insurance policy or policies issued as aforesaid, the following provisions shall also apply to any such insurance: (a) the Lessee agrees that the Lessee and any driver or operator of the Vehicle shall comply with all provisions and statutory conditions of any policy or policies of insurance issued as aforesaid and to assume all liability and save harmless and indemnify the Lessor from all breaches thereof; (b) in the event of an accident of any kind whatsoever involving the Vehicle whether the Vehicle is damaged or not, the Lessee shall notify the Lessor of the accident within twenty-four (24) hours of the occurrence of the same including a signed statement by the operator of the Vehicle; and (c) in the event that the insurer cancels the coverage with respect to the Vehicle, the Vehicle shall not be operated further, nor will the Lessee permit the Vehicle to be operated pending the acquisition of another policy of insurance insuring the Vehicle in accordance with the terms herein. 8. Return of Vehicle (1) The Lessee agrees that, upon the date of termination or expiry of this Lease Agreement, it will immediately notify the Lessor that the Vehicle together with the motor vehicle registration permit, will be delivered to the Lessor at the address directed by the Lessor. The Lessee shall be responsible to the Lessor for all damages to the Vehicle caused by abuse or otherwise, except as provided in this Agreement, and shall return the Vehicle in the same condition as it was received from the Lessor, normal wear and tear excepted. 9. Default and Termination (1) If the Lessee fails to perform any of the terms or provisions of this Agreement or if the insurance herein mentioned is cancelled in whole or in part, or if the Lessee uses the Vehicle or permits the Vehicle to be used in an unreasonable or abusive manner, or if any one or more of the circumstances set forth in the proviso to the Term as identified in section 2(1) above shall occur, then upon the happening of any of these events and notwithstanding any other term or provision of this Agreement, the Lessor shall have the right to demand immediate return to it of the Vehicle, in which event, the Lessee shall forthwith make available to the Lessor, the Vehicle together with the motor vehicle registration permit pertaining thereto. 10. Indemnity (1) The Lessee covenants and agrees with the Lessor that it will indemnify and save the Lessor harmless from all claims and demands which may be made against the Lessor for all fines, penalties, all liability and all costs, losses, damages and expenses resulting from the time that the Vehicle is delivered by the Lessor to the Lessee, until the time notice is given by the Lessee to the Lessor that the Vehicle is available for pick-up by the Lessor. 11. Obligations In Addition to Land Ambulance Services Agreement (1) The Parties hereto agree that the terms and obligations contemplated and set forth herein shall be read in conjunction and combination with the intended Community Paramedicine Services Agreement as referenced above, if and when executed, or any renewal or extension thereof, if and when executed, but not in substitution for the terms and obligations set forth in that Agreement or renewal or extension thereof. 12. Notice (1) Any notice or other communication to be given by either party hereto to the other shall be deemed to have been sufficiently given if posted by pre-paid registered mail or delivered by hand or by facsimile transmission to the other party as follows: Address of the Lessor: Corporation of the County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Fax No: (519) 631-4297 Address of the Lessee: Medavie EMS Elgin Ontario Inc. 230 Brownlow Avenue, Suite 210 Dartmouth, Nova Scotia B3B 0G5 Attention: Vice President MHS Operations Fax No: (902) 832-5519 (2) Where notice is given by registered mail, it shall be deemed to have been received on the third business day after date of mailing. Where notice is given personally or by facsimile, it shall be deemed to have been received on the date of delivery or faxing. (3) Each party shall provide the other party with timely notice, in writing, of any change in address, telephone number, or facsimile number, the proof of which lies upon the party making the change. 13. Severability (1) The invalidity of any particular provision of this lease shall not affect any other provision of it, but this Agreement shall be construed as if the invalid provision had been omitted. 14. Assignment (1) It is understood and agreed between the parties that this Agreement is personal to the Lessee and may not under any circumstances be transferred or assigned by the Lessee to any other person, firm or corporation without the prior written consent of the Lessor. 15. Governing Law (1) This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 16. Enurement (1) This Agreement enures to the benefit of the Parties hereto and their respective heirs, administrators, successors and assigns. 17. Electronic Signatures / Signatures in Counterpart This Lease Agreement may be executed in counterparts, each of which, when so executed, shall constitute but one and the same document. This document may also be signed in paper form, by facsimile signature, or by electronic signature in accordance with section 11 of the Electronic Commerce Act, 2000, S.O. 2000, c.17, as amended. It may also be signed, whether or not in counterpart, scanned to Adobe Portable Document Format (PDF) and delivered by way of electronic mail. IN WITNESS WHEREOF the Parties hereto have hereunder executed this Agreement under the hands and seals of their duly authorized officers at the places and upon the dates noted below. Dated at , Ontario this day of December , 2022. Corporation of the County of Elgin Per:_________________________________ Name: Position: Warden Per:__________________________________ Name: Julie Gonyou Position: Chief Administrative Officer We have authority to bind the Corporation. Dated at , this day of December , 2022. Medavie EMS Elgin Ontario Inc. Per:__________________________________ Name: Position: Per:__________________________________ Name: Position: We have authority to bind the Corporation. SCHEDULE ÐAÑ A / VEHICLE (NEW) Make: Year: Body Type: Model: VIN #: License Plate: Radio Control Number: Council Committee Considerations JULIE GONYOU, CAO JENNA FENTIE, MANAGER OF ADMINISTRATIVE SERVICES / DEPUTY CLERK Purpose 1. To provide background information as orientation 2. To provide Council with the opportunity to assess Committees for return on investment staff time value to Council Community impact Ќ͵ ƚ ĭƚƌƌĻĭƷ ŅĻĻķĬğĭƉ ŅƩƚƒ /ƚǒƓĭźƌ Ʒƚ źƓŅƚƩƒ ĭŷğƓŭĻƭ Ʒƚ /ƚǒƓĭźƌ͸ƭ /ƚƒƒźƷƷĻĻ By-Law 19-40 for enactment at a future meeting. Recommendations I! ƷŷĻ ƦƩĻƭĻƓƷğƷźƚƓ ƷźƷƌĻķ ͻ/ƚǒƓĭźƌ /ƚƒƒźƷƷĻĻ /ƚƓƭźķĻƩğƷźƚƓƭͼ ŅƩƚƒ ƷŷĻ /ŷźĻŅ !ķƒźƓźƭƷƩğƷźǝĻ Officer and Manager of Administrative Services/Deputy Clerk be received and filed; and I! ƭƷğŅŅ ĬĻ ķźƩĻĭƷĻķ Ʒƚ ğƒĻƓķ /ƚǒƓĭźƌ͸ƭ /ƚƒƒźƷƷĻĻ .Ǥ-law to reflect changes proposed by Council for enactment at a future meeting. Discussion Each year, the newly elected Warden of County Council recommends, and County Council appoints, representatives from within their membership to various Committees, Local Boards, and Agencies at their first meeting in December. This presentation will cover the following: 1)Legislated Committees 2)Standing Committees 3)Advisory Committees 4)Agencies and Boards with Council Appointments General Considerations Quorum: A key challenge/consideration across all Committees with community members is the frequent inability to achieve quorum for meetings. Failure to achieve quorum significantly impacts the work of the Committees, and prevents the advancement of key initiatives and projects. In the future, clearer expectations and training before becoming a member at large is required in order for members to understand the importance of consistent meeting attendance. Staff recommend that the Committee By-Law 19-40 be amended to include a mechanism for the removal of inactive members. Legislated Committees Legislated Committees are Statutory Committees established under certain Acts. The County only has one (1) Statutory Committee. ŷĻ /ƚǒƓƷǤ͸ƭ Rural Initiatives/Planning Advisory Committee is a legislated Committee of Council, and is established under the Planning Act and therefore must remain as a standing Committee of Council. Rural Initiatives and Planning Advisory Committee (RIPA) ŷĻ wǒƩğƌ LƓźƷźğƷźǝĻƭ /ƚƒƒźƷƷĻĻ ķƚǒĬƌĻƭ ğƭ ƷŷĻ ͻwǒƩğƌ LƓźƷźğƷźǝĻƭΉtƌğƓƓźƓŭ !ķǝźƭƚƩǤ /ƚƒƒźƷƷĻĻͼ and was combined in 2016 in response to Bill 73 and changes to the Development Charges Act and the Planning Act which required that all upper-tier and single-tier levels of municipal government establishes a Planning Advisory Committee. Rural Initiatives and Planning Advisory Committee (RIPA) ŷĻ wǒƩğƌ LƓźƷźğƷźǝĻƭΉtƌğƓƓźƓŭ !ķǝźƭƚƩǤ /ƚƒƒźƷƷĻĻ͸ƭ ƒğƓķğƷĻ źƭ Ʒƚ ƦƩƚƒƚƷĻ ƷŷĻ ǝźğĬźƌźƷǤ ƚŅ agriculture and rural affairs in the County and throughout the Province; to examine issues such as the challenges of the global economy on local agricultural practices, the viability of schools in rural communities, and alternative sources of economic development in rural areas. The Committee also serves to develop goals and objectives to improve and promote rural life, ğƓķ Ʒƚ ķĻƒƚƓƭƷƩğƷĻ /ƚǒƓĭźƌ͸ƭ ĭƚƒƒźƷƒĻƓƷ Ʒƚ ķĻƌźǝĻƩźƓŭ ƭĻƩǝźĭĻƭ Ʒƚ ƩǒƩğƌ ĭƚƒƒǒƓźƷźĻƭ ĬǤ recommending a budget to Council that will accomplish identified goals. Rural Initiatives and Planning Advisory Committee (RIPA) Additionally, the Committee acts as a Planning Advisory Committee by providing information, perspective, and recommendations to County Council on broad planning matters that may have an effect on the County or its local municipalities, and reviews from time to time the provisions of the Official Plan and related policy and recommends to Council general amendments to the Plan, including five-ǤĻğƩ ƩĻǝźĻǞƭ ƚŅ ƷŷĻ /ƚǒƓƷǤ͸ƭ hŅŅźĭźğƌ tƌğƓ͵ The Committee also advises Council on general planning and development issues of Council and/or local municipal significance, and reports to Council on proposed land use policy changes as introduced by the Province of Ontario. Rural Initiatives and Planning Advisory Committee (RIPA) The Committee also administers the Community Grant Program. The Community Grant Program (CGP) invests in both established and emerging community programs and events that meet źķĻƓƷźŅźĻķ ĭƚƒƒǒƓźƷǤ ƓĻĻķͲ Ĭǒźƌķ ĭğƦğĭźƷǤ ğƓķ ƭǒƦƦƚƩƷ 9ƌŭźƓ /ƚǒƓƷǤ͸ƭStrategic Plan 2020-2022. Through this program, organizations and services can apply for supplementary funds to strengthen their responsiveness, effectiveness and resilience. CƚƩ ƒƚƩĻ źƓŅƚƩƒğƷźƚƓ ğĬƚǒƷ ƷŷĻ /ƚǒƓƷǤ͸ƭ /ƚƒƒǒƓźƷǤ DƩğƓƷ tƩƚŭƩğƒ ƦƌĻğƭĻ ǝźƭźƷʹ https://www.elgincounty.ca/communitygrantprogram/ RIPA ΑComposition & Considerations Composition: Three (3) members of Council are appointed to the RIPA Committee each year. A member of the Elgin Federation of Agriculture is invited to participate as a non-voting citizen appointee. Considerations: 1.The EFA member currently does not have a vote on the Committee. Community members-at-large on other Council Committees have voting rights just like their Council counterparts. The EFA member on the RIPA Committee puts in a lot of time scoring grants and participating in discussions. It is recommended that the Terms of Reference for the RIPA Committee be amended to allow the EFA member a vote. RIPA ΑComposition & Considerations Considerations: 2. The current grant process is rigorous; yet a fair and consistent method has been established. However, the timelines for receiving the applications, reviewing and evaluating for completeness and eligibility, scoring, and recommending grant allotments to County Council have proven difficult to meet. Applications are due by November 10 each year, and grant allocation recommendations are to be presented by December 10 to County Council. This tight turnaround does not allow staff and the Committee enough time to compile applications, review for eligibility, score, and make recommendations to Council in a timely fashion. It is recommended that timelines associated with scoring and compiling scores be adjusted to give staff time to review applications for completeness and eligibility. Changes to the intakes of the Community Grant Program can be reviewed by the Committee at its first meeting. Standing Committees tǒƩƭǒğƓƷ Ʒƚ /ƚǒƓĭźƌ͸ƭ tƩƚĭĻķǒƩğƌ .Ǥ-Law 19-41, a Standing Committee is a Committee established by Council comprised entirely of members of Council to carry out duties on an ongoing basis, as specified by Council. /ƚǒƓĭźƌ͸ƭ {ƷğƓķźƓŭ /ƚƒƒźƷƷĻĻƭ LƓĭƌǒķĻʹ 1.Terrace Lodge Redevelopment Steering Committee 2.Terrace Lodge Fundraising Committee 3.Budget Committee 4.Human Resources Committee TERRACE LODGE REDEVELOPMENT ΑMAJOR CAPITAL PROJECT ORIGINALLY CONSTRUCTED IN 1976-1977 -$36M Terrace Lodge (TL) Redevelopment Steering Committee-Purpose The purpose of the Terrace Lodge Redevelopment Steering Committee is to advise the County of Elgin staff on the design, construction, scope, and schedule for the Terrace Lodge Redevelopment project, working within the budget approved by County Council. It is expected ƷŷğƷ ƷŷĻ /ƚƒƒźƷƷĻĻ͸ƭ ƷźƒĻƌźƓĻ ŅƚƩ ĭƚƒƦƌĻƷźƚƓ ƚŅ źƷƭ ğƭƭźŭƓĻķ ƷğƭƉ źƭ ЋЉЋЍ ƚƓĭĻ ƷŷĻ redevelopment project is completed. For more information please visit: https://engageelgin.ca/tlredevelopment TL Redevelopment Committee Α Composition & Considerations Composition: Three (3) members of County Council shall be recommended by the Warden and appointed by County Council to the Committee. There are a total of four (4) members, including the Warden. One (1) member will be appointed Chair of the Committee. Considerations: 1.It is recommended that the Committee remain in place until the completion of the redevelopment project (expected 2024). Meetings are held on an as-needed basis to approve any large change orders or adjustments to the design. TL Redevelopment Fundraising Committee The Terrace Lodge Redevelopment Fundraising Committee is a sub-committee of the Terrace Lodge Redevelopment Steering Committee and its purpose is to plan, coordinate, implement and evaluate fund development activities in support of the operational and value-added revenue generation in support of the Terrace Lodge Redevelopment Project. The Committee does not support the capital costs associated with the Terrace Lodge Redevelopment Project, but rather fundraises for value-added enhancements to the project. For more information, please visit: https://www.elgincounty.ca/terracelodgefundrai singcampaign/ TL Redevelopment Fundraising Committee Α Composition & Considerations Composition:ŷĻ /ƚƒƒźƷƷĻĻ źƭ ĭƚƒƦƩźƭĻķ ƚŅ ƚƓĻ ƒĻƒĬĻƩ ŅƩƚƒ Ļğĭŷ ƚŅ 9ƌŭźƓ͸ƭ ƭĻǝĻƓ ΛАΜ aĻƒĬĻƩ aǒƓźĭźƦğƌźƷźĻƭͲ one (1) member of the Terrace Lodge Auxiliary, a minimum of four (4) and a maximum of ten (10) members from local service groups, local businesses, and the community that represent the catchment area, and Long-Term Care staff including the Director of Homes and Seniors Services, the Terrace Lodge Administrator, and the Manager of Program & Therapy Services. Staff are non-voting members. Considerations: 1.The Committee has experienced difficulty in the past meeting quorum for meetings. Council recently approved changes to the Committee Terms of Reference that maintains quorum at five (5) members, and this has allowed for broader participation while ensuring quorum is met at monthly meetings. Meetings are held on a monthly basis. Going forward, it will be important to educate potential members on commitments required of them in advance of being appointed to the Committee. 2.The Comforts of Home is a three (3) year campaign, and is nearing the end of its second year. Consideration may need to be given to extend the campaign in order to reach the fundraising target, or to adjust the target in order to keep the campaign timeline at three years. 3.Consideration should be given to the time of day meetings are held. Several staff members attend the meetings and are often required to put in extra hours on days that meetings are held in the evenings. Budget Committee The purpose of the Budget Committee is to review and assess budget principles, allocations and related financials, providing advice to the Chief Administrative Officer and the Director of Financial Services/Treasurer on the annual budget, receive presentations from each department, as required, on financial matters, and to evaluate the budgetary implications of proposals for ƓĻǞ ğƓķ ƭǒĬƭƷğƓƷźğƌƌǤ ƩĻǝźƭĻķ ƦƩƚŭƩğƒƭ ğƓķ ƭĻƩǝźĭĻƭ źƓ ğķǝğƓĭĻ ƚŅ /ƚǒƓĭźƌ͸ƭ ĬǒķŭĻƷ deliberations. Composition: Three (3) Council members and the Warden. Considerations: 1.At its meeting on November 1, 2022, the Budget Committee recommended that the composition of the 2023 Budget Committee be comprised of Committee of the Whole to avoid delays and to ensure all Councillors are involved in budget discussions. It is recommended that the Budget Committee be comprised of Committee of the Whole for the 2023 budget deliberations and that Budget Committee meetings commence in Spring 2023. Human Resources Committee The Human Resources Committee was established to review the recruitment process and sit on the hiring panel for vacancies for senior level positions (CAO/Clerk and Directors). The Committee reviews and interviews candidates and recommends final candidates to County Council for consideration. Meetings are held on an as-needed basis. Composition: Two (2) members of Council, and the Warden. The Warden serves as Chair of the Committee. Considerations/Challenges: None. Advisory Committees Pursuant to By-Law 19-40, an Advisory Committee means a committee, sub-committee, or similar entity, which provides recommendations, advice, and information to Council on those specialized matters which relate to the purpose of the Advisory Committee, to facilitate public input to County Council on programs and ideas to assist in enhancing the quality of life of the ĭƚƒƒǒƓźƷǤͲ źƓ ƉĻĻƦźƓŭ ǞźƷŷ /ƚǒƓĭźƌ͸ƭ {ƷƩğƷĻŭźĭ tƌğƓ ƦƩźƓĭźƦƌĻƭ͵ !ķǝźƭƚƩǤ /ƚƒƒźƷƷĻĻƭ ƭŷğƌƌ ƓƚƷ give direction to staff, nor shall the Committees request, without the approval of Council, the preparation of any administrative reports, research or work assignments. Advisory Committees /ƚǒƓĭźƌ͸ƭ !ķǝźƭƚƩǤ /ƚƒƒźƷƷĻĻƭ LƓĭƌǒķĻʹ 1.Joint Accessibility Advisory Committee 2.Connectivity Committee 3.Environmental Committee 4.Museum Advisory Committee 5.Community Safety and Well-Being Integration Table Joint Accessibility Advisory Committee The County of Elgin/Municipality of Central Elgin Joint Accessibility Advisory Committee was created in 2002 with the intent to advise members of Council on the implementation of the Accessibility for Ontarians with Disabilities Act (AODA) along with the affiliated Integrated Accessibility Standards Regulation (IASR). Municipalities with a population of 10,000 or more are required to establish an accessibility advisory committee Αtwo or more municipalities may, instead of each establishing their own committee, establish a joint accessibility advisory committee. Other local municipal partners do not meet the population threshold of 10,000 and thus the Joint Accessibility Advisory Committee is only comprised of The County of Elgin and the Municipality of Central Elgin. Joint Accessibility Advisory Committee Α Composition & Considerations Composition: Council appoints one (1) member to serve on the Committee for a one-year term. Considerations: Future considerations for the Terms of Reference may include length of membership, and inclusion of members representing all Local Municipal Partners. Connectivity Committee The Connectivity Committee was established in 2020 by Elgin County Council to address and identify high-speed źƓƷĻƩƓĻƷ ƭƚƌǒƷźƚƓƭ ŅƚƩ 9ƌŭźƓ /ƚǒƓƷǤ͸ƭ ƩǒƩğƌ ƩĻƭźķĻƓƷƭ ğƓķ ƚƩŭğƓźǩğƷźƚƓƭ ğƓķ ĭŷğƒƦźƚƓ ŷźŭŷ-speed access across the /ƚǒƓƷǤ͵ ŷźƭ Ǟğƭ źķĻƓƷźŅźĻķ ğƭ ğ ƉĻǤ ƦƩźƚƩźƷǤ źƓ /ƚǒƓĭźƌ͸ƭ {ƷƩğƷĻŭźĭ tƌğƓ ЋЉЋЉ-2022. The goal of the committee is to address four primary challenges: 1.Availability: Many areas of Elgin County lack any form of connectivity. Providing households with access to the internet is key to providing opportunities such as employment, education, e-commerce and entertainment. 2.Affordability: Households in areas of Elgin County struggle to afford the monthly costs of internet services available to them. Affordable connectivity is critical for users to be able to use the internet service that support the required applications and online services they depend on. 3.Speed: Lack of high-speed internet creates barriers for residents working from home, schooling from home and gaining access to services such as banking, news and entertainment. Businesses without access to high- speed internet face challenges that inhibit economic growth and online opportunities that would otherwise be available to them. 4.Awareness: Providing a mechanism for education and learning is key for residents to make good decisions and get the most out of their digital experience. Connectivity Committee The County engaged a consulting firm, IBI Group, to provide an analysis of the current state of connectivity in Elgin, and to provide recommendations for consideration. The final report can be viewed on the Connected Elgin page: www.engageelgin.ca/connectedelgin. !Ʒ źƷƭ ƒĻĻƷźƓŭ ƚƓ WǒƌǤ ЋЏͲ ЋЉЋЋͲ 9ƌŭźƓ /ƚǒƓƷǤ /ƚǒƓĭźƌ ƭǒƦƦƚƩƷĻķ ƷŷĻ /ƚƓƓĻĭƷźǝźƷǤ /ƚƒƒźƷƷĻĻ͸ƭ recommendation to leverage existing staff resources and the Connectivity Committee to support Option #1 as presented in the final report from IBI Group Inc. As detailed in the report, Option #1 recommends support for Advocacy, Strategic Purchasing and ISP Coordination, and to support this option, the Committee developed a Connectivity Advocacy Planto guide advocacy efforts with all other levels of government. Connectivity Committee ΑComposition and Considerations Composition: Two (2) members of County Council, Warden, up to four (4) members-at-large (citizen appointees), and up to four (4) representatives from the business community. Considerations: 1.A significant amount of information gathering to establish the current state of connectivity in Elgin, lived experience from residents, and to establish gaps in service has been done over the past two years. It is critical that the new term of County Council receives this information in order to avoid duplicating efforts. The Connectivity Advocacy Strategy has been developed following years of groundwork, and the implementation of the strategy Ǟźƌƌ ĬĻ ƉĻǤ Ʒƚ ğĭŷźĻǝźƓŭ /ƚǒƓĭźƌ͸ƭ ǝźƭźƚƓ ƚŅ ğ ĭƚƓƓĻĭƷĻķ 9ƌŭźƓ͵ Environmental Committee The Environmental Advisory Committee provides input, advice, and makes recommendations on environmental matters affecting the County of Elgin. This Committee serves as an advisory, resource and information support group to the Rural Initiatives and Planning Advisory Committee, County Council and to the citizenry to encourage and promote sustainable programs and functions such as waste reduction, reuse and recycling programs, water and energy conservation measures, and climate change mitigation. The Committee also investigates such other aspects of environmental concern as may be suggested by County Council, its other Committees, or civic administration. The Committee is also responsible for initiating and/or receiving submissions and/or delegations regarding any environmental concerns and to report with recommendations to the Rural Initiatives and Planning Advisory Committee and/or County Council when appropriate. Environmental Committee Composition: Two (2) members of Elgin County Council, Warden, four (4) members-at-large (citizen appointees), one (1) representative of an environmental and/or private sector interest group, and one (1) representative of the Industrial/Commercial/Institutional Sector. Considerations: 1.The County has no real environmental jurisdiction aside from its own processes and facilities. The County can change how it maintains its facilities to be more energy efficient, reduce waste, use better environmental practices, use more native species in landscaping, and use more sustainable products in purchases. Council can also engage in advocacy activities regarding environmental issues that are of concern to residents. Other than these areas, it proved difficult to find meaningful work for this Committee as most environmental issues are the jurisdiction of the province, the federal government or local municipal partners. 2.The Committee struggled to achieve quorum in order to hold monthly meetings, which delayed any work in progress by the Committee, and resulted in loss of staff time. Environmental Committee - Recommendation Recommendation: It is recommended that Council consider the future viability of this Committee. Council could consider reducing the number of meetings to quarterly, or twice per year to allow staff to report on the progress that the County has made towards reducing its carbon footprint and sustainability at its own facilities. Alternatively, Council could choose to eliminate this Committee and direct staff to complete this work by addressing any future environmental concerns/issues with Committee of the Whole Council. Museum Advisory Committee ŷĻ 9ƌŭźƓ /ƚǒƓƷǤ aǒƭĻǒƒ !ķǝźƭƚƩǤ /ƚƒƒźƷƷĻĻ ĻǣźƭƷƭ Ʒƚ ƦƩƚƒƚƷĻ 9ƌŭźƓ /ƚǒƓƷǤ͸ƭ Ʃźĭŷ ŷźƭƷƚƩźĭğƌ ğƓķ ğŭƩźĭǒƌƷǒƩğƌ heritage by ensuring the acquisition, preservation, exhibiting, and interpretation of artifacts pertaining to the history of the County of Elgin is maintained; and to provide leadership and support to County Museums. The County shall have an advisory committee, to be called the Elgin County Museum Advisory Committee, which shall be constituted to act in an advisory capacity to County Council and staff on an as needed basis on matters including (but not limited to): Admission and membership fees; Ideas and research on exhibitions; Feedback on potential acquisitions; Fundraising activities, publicity and special events; Review of draft policies and procedures; Liaison with County museums; \[źğźƭƚƓ ǞźƷŷ ğƌƌźĻķ ƚƩŭğƓźǩğƷźƚƓƭ ƭǒĭŷ ğƭ ‘ƚƒĻƓ͸ƭ LƓƭƷźƷǒƷĻƭͲ Lh59 ğƓķ 9ƌŭźƓ /ƚǒƓƷǤ ƚǒƩźƭƒ {ĻƩǝźĭĻƭͳ Establishment and organization of related advocacy groups and friends organizations. Museum Advisory Committee Composition: One Member of County Council is appointed to serve on the Committee. The Advisory Committee is comprised of seven (7) voting members appointed by County Council źƓĭƌǒķźƓŭʹ ƚƓĻ ΛЊΜ ƒĻƒĬĻƩ ƚŅ /ƚǒƓƷǤ /ƚǒƓĭźƌͳ ƷǞƚ ΛЋΜ ğƦƦƚźƓƷĻĻƭ ŅƩƚƒ 9ƌŭźƓ /ƚǒƓƷǤ͸ƭ ‘ƚƒĻƓ͸ƭ Institutes (one from East Elgin and one from West Elgin); one (1) appointee on behalf of the agricultural community in Elgin County; two (2) appointees, to be named by County Council, who are representatives of, or employed by, other museums located within the County who will act as ƌźğźƭƚƓƭ ǞźƷŷ /ƚǒƓƷǤ ƒǒƭĻǒƒƭͳ ğƓķ ƚƓĻ ΛЊΜ ğƦƦƚźƓƷĻĻͲ Ʒƚ ĬĻ ƓğƒĻķ ĬǤ /ƚǒƓƷǤ /ƚǒƓĭźƌͲ ğƭ ğƓ ͻğƷ ƌğƩŭĻͼ ƒĻƒĬĻƩ Ǟŷƚ ƭŷğƌƌ ĬĻ ğ ƦĻƩƭƚƓ źƓƷĻƩĻƭƷĻķ ğƓķ ƉƓƚǞƌĻķŭĻğĬƌĻ ğĬƚǒƷ ƷŷĻ ğŅŅğźƩƭ ƚŅ ƷŷĻ museum. Considerations: None. Community Safety and Well-Being (CSWB) Integration Table ΑPurpose & Composition Through the development of the Aylmer-Elgin-St. Thomas Community Safety and Well-Being Plan, five areas were identified as the focus of the Plan: Education and Skills Development, Housing Security, Mental Health and Well-Being, Public Safety, and Substance Use and Addiction. An Action Table was identified for each of the priority areas, and an Integration Table was established in order to connect each Action Table and to ensure a proactive, balanced and collaborative response across the five priority areas. The objectives of the Integration Table are to identify the needs of our communities, to bring community partners together, and to make impactful change. For more information about CSWB please visit: https://www.elgincounty.ca/cswb/ CSWB Integration Table ΑComposition & Considerations Composition: City of St. Thomas Mayor, City of St. Thomas City Manager, Elgin County Warden, Elgin County Chief Administrative Officer, Local Member of Provincial Parliament, Chairs of each of the following Action Tables: Elgin Workforce Development Network, Housing and Homelessness Action Table, Elgin Mental Health and Addiction Network, Public Safety Action Table, and Elgin Community Drug and Alcohol Strategy Steering Committee. Considerations: 1.The Community Safety and Well-Being Plan was developed as a three (3) year plan (2021-2024), and it is recommended that the Integration Table remain in place to continue to focus and collaborate on the priority areas outlined in the plan. Agencies and Boards with Council Appointees Pursuant to By-Law 19-40, Agencies and Boards with Council Appointees are committees to which Council makes appointments, but are not Committees of Council. These Committees are bound by the rules established by their governing body. Agencies and Boards with Council Appointees include: 1.Health Recruitment Partnership 2.City-County Liaison Committee (formerly called City-County Relations Committee) 3.Southwestern Public Health ΑBoard of Health 4.SWIFT Board of Directors 5.St. Thomas-Elgin Public Art Centre 6.Thames Valley District School Board ΑRural Education Task Force 7.Greenlane Community Trust Fund Committee 8.Waste Management Committee 9.SCOR ΑSouth Central Ontario Region Economic Development Corporation 10.Western Ontario Wardens Caucus (WOWC) Health Recruitment Partnership The Health Recruitment Partnership is a collaboration between the City of St. Thomas, the County of Elgin, and the St. Thomas-Elgin General Hospital to support physician recruitment efforts for the St. Thomas-Elgin area. In response to growing local demand for primary physicians in the community, the HRP was formed as a joint County-City initiative in 2007 to develop activities with the goal of attracting new Family Physicians to the area, as well as offering new physicians support as they integrate in the community. Health Recruitment Partnership The Committee was originally launched as a two-year pilot project, but worked so well that the /ƚǒƓƷǤ ŷğƭ ĬĻĻƓ ƦƩƚǝźķźƓŭ ŅǒƓķźƓŭ ŅƚƩ ƷŷĻ ƦƩƚŭƩğƒ ƭźƓĭĻ źƓĭĻƦƷźƚƓ͵ ŷĻ /ƚƒƒźƷƷĻĻ͸ƭ ǞƚƩƉ seems to improve the overall health and well-being of the community and helps alleviate pressure on the St. Thomas-Elgin General Hospital, and Emergency Medical Services. In addition to supporting the salary of a part-time Health Recruiter, funding from the County and the City supports scholarships for up to five (5) local St. Thomas and/or County residents who are enrolled in a Canadian medical school with an emphasis placed on the pursuit of a career in family medicine. Remaining funds are utilized to support new physicians as they set up their practice through a loan program Αa loan that is forgiven after a four (4) year commitment to service in Elgin-St. Thomas is completed. Council Appointment: One (1) member of County Council, recommended by the Warden, is appointed by Council each year. City-County Liaison Committee The Warden recommends, and Council appoints, one (1) member of Council to serve on the City-County Liaison Committee for a one (1) year term. ¤Discussion encouraged and direction required. Southwestern Public Health (SWP) Α Board of Health The Board of Health for Oxford, Elgin, and St. Thomas governs Southwestern Public Health. They are accountable to the Province and make sure that programs and services are delivered align with the funding received. To view more information about the Board of Health, please visit the Southwestern Public Health website: https://www.swpublichealth.ca/en/about-us/board-of-health.aspx Council Appointment(s): two (2) members of Council, as recommended by the Warden, each year. SEE CORRESPONDENCE FROM SWPH ΑAPPENDIX I SWPH Meetings Board of Health meetings will be held the third Wednesday of each month, effective January 1, 2023. The Board of Health does not meet in July and August, except at the call of the Chair. January 18, 2023 February 15, 2023 March 15, 2023 April 19, 2023 May 17, 2023 June 21, 2023 September 20, 2023 October 18, 2023 November 15, 2023 December 20, 2023 SWIFT Network ΑBoard of Directors {‘LCͲ źƓźƷźğƷĻķ ĬǤ ƷŷĻ ‘ĻƭƷĻƩƓ hƓƷğƩźƚ ‘ğƩķĻƓƭ͸ /ğǒĭǒƭͲ Ǟğƭ ĻƭƷğĬƌźƭŷĻķ Ʒƚ ƭƷƩğƷĻŭźĭğƌƌǤ ƌĻǝĻƩğŭĻ ƦǒĬƌźĭ ŅǒƓķźƓŭ Ʒƚ źƓĭĻƓƷ ĬƩƚğķĬğƓķ ĻǣƦğƓƭźƚƓ ğĭƩƚƭƭ {ƚǒƷŷǞĻƭƷĻƩƓ hƓƷğƩźƚ͸ƭ ǒƓķĻƩƭĻƩǝźĭĻƭ ĭƚƒƒǒƓźƷźĻƭ͵ ŷĻ .ƚğƩķ ĻƓƭǒƩĻƭ ƦƩƚƦĻƩ ƚǝĻƩƭźŭŷƷ ƚǝĻƩ {‘LC͸ƭ ƚƦĻƩğƷźƚƓğƌͲ financial, and reporting processes. To read more about SWIFT, and the work of the Board, please visit their website. Council appointment: One (1) member of Council is recommended by the Warden for appointment to the SWIFT Board of Directors to serve a one-year term. SEE CORRESPONDENCE FROM SWIFT ΑAPPENDIX II St.Thomas-Elgin Public Art Centre The St. Thomas Public Art Centre has a mission to encourage and promote an appreciation for and support the practice of the visual arts in St. Thomas and Elgin County through a variety of exhibitions, educational programs and through the preservation of a permanent collection. To read more about the St. Thomas Elgin Public Art Centre, please visit their website. Council Appointment: one (1) member of Council annually as recommended by the Warden to service on the St. Thomas Elgin Public Art Centre Board of Directors. Note: correspondence from the St. Thomas-Elgin Public Art Centre requesting that Council appoint a member to the Board of Directors has not been received. Thames Valley District School Board Α Rural Education Task Force The Thames Valley Board of Trustees passed a motion on Tuesday, June 25, 2019 to establish a Rural Education Task Force. Recognizing that schools in rural areas faced a variety of challenges, including student enrolment, school population growth and decline, and other factors the role of the Rural Education Task Force is to: Θ \[źƭƷĻƓ Ʒƚ ƷŷĻ źķĻğƭ ğƓķ ĭƚƓĭĻƩƓƭ ƚŅ ƩǒƩğƌ ĭƚƒƒǒƓźƷźĻƭ Θ DĻƓĻƩğƷĻ ŅƩĻƭŷ ƦĻƩƭƦĻĭƷźǝĻƭ ƩĻƌğƷĻķ Ʒƚ ƩǒƩğƌ ƭĭŷƚƚƌƭ ğƓķ ĭƚƒƒǒƓźƷźĻƭ Θ 5ĻǝĻƌƚƦ źƓƓƚǝğƷźǝĻ ƭƚƌǒƷźƚƓƭ ŅƚƩ ĭƚƓƭźķĻƩğƷźƚƓ ŅƚƩ 𠁐5{. wǒƩğƌ 9ķǒĭğƷźƚƓ {ƷƩğƷĻŭǤ Θ wĻƦƚƩƷ ŅźƓķźƓŭƭ ğƓķ ƒğƉĻ ƩĻĭƚƒƒĻƓķğƷźƚƓƭ Ʒƚ ƷŷĻ .ƚğƩķ ƩĻŭğƩķźƓŭ ƩǒƩğƌ ƭĭŷƚƚƌƭ Thames Valley District School Board Α Rural Education Task Force The task force will consult with students, parents, community, municipal leaders in Thames Valley District School Board (TVDSB) rural communities (as identified through RNEF), to identify the unique challenges and opportunities experienced by students, parents and municipalities; develop recommendations for consideration related to a TVDSB Rural Education Strategy. Councilappointment(s): Council appoints one (1) member to serve on the TVDSB Rural Education Task force and identifies an alternate. CƚƩ ƒƚƩĻ źƓŅƚƩƒğƷźƚƓ ğĬƚǒƷ ƷŷĻ 5{.͸ƭ wǒƩğƌ 9ķǒĭğƷźƚƓ ğƭƉ CƚƩĭĻ ƦƌĻğƭĻ ǝźƭźƷʹ https://www.tvdsb.ca/en/our-board/rural-education-task-force.aspx# Note: correspondence from TVDSB requesting that Council appoint a member and alternate has not been received. Greenlane Community Trust Fund Committee The Greenlane Community Trust Fund is a community fund for any charitable or municipal project within the County of Elgin, including the City of St. Thomas, of a benevolent and community service nature, in the interests of the environment, or in the interest of the civic, social or moral welfare of the residents. Council Appointment: one (1) member every other year (alternates with City of St. Thomas) to ƭĻƩǝĻ ƚƓ ƷŷĻ DƩĻĻƓ \[ğƓĻ /ƚƒƒǒƓźƷǤ ƩǒƭƷ /ƚƒƒźƷƷĻĻ͵ LƷ͸ƭ ƷŷĻ /ƚǒƓƷǤ͸ƭ ƷǒƩƓ Ʒƚ ğƦƦƚźƓƷ ğ member in 2023. Waste Management Committee Council Appointment: Pursuant to By-Law 19-40, all of County Council serve as members of the Waste Management. South Central Ontario Region Economic Development (SCOR) SCOR EDC was incorporated in 2010 as a means to provide planning and coordination for regional issues, implement regional economic development priorities, identify funding sources and to partner with other levels of government, and act as a regional catalyst for investment. For more information about SCOR please visit: https://www.scorregion.com/ Council Appointment: two Council members are appointed to the SCOR Board of Directors. SEE CORRESPONDENCE FROM SCOR ΑAPPENDIX III Western Ontario Wardens Caucus The Western Ontario Wardens Caucus (WOWC) is a not-for-profit organization representing fifteen (15) upper and single tier municipalities in Southwestern Ontario with more than three million residents. WOWC advocates on behalf of Counties on key items such as infrastructure, transportation, long-term care, broadband, and economic development. For more information about WOWC please visit: https://wowc.ca/ Council Appointment(s): ŷĻ ‘ğƩķĻƓ ƭĻƩǝĻƭ ğƭ /ƚǒƓĭźƌ͸ƭ ğƦƦƚźƓƷĻķ ƒĻƒĬĻƩ͵ APPENDIX I Southwestern Public Health -Board of Health October 7, 2022 Ms. Julie Gonyou, Chief Administrative Officer County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Julie, I am writing to update you on recent work completed by the Southwestern Public Health Governance Committee and to make a request. The Committee has completed its annual board competency matrix. This matrix looks at the skills and experience that the current Board of Health has and what further skills and experience would be beneficial. Obligated municipalities determine who they wish to appoint to a local board including the Board of Health. Respecting that this is completely the decision of the municipality, I am writing to you today on behalf of the Board of Health, to ask, if possible, that you consider the skills and experience needs of the SWPH Board of Health when you determine your upcoming municipal appointments. In addition to the importance of having as much public health experience as possible, the matrix noted that the Board complement could be further enhanced if there was additional knowledge and expertise in the areas of: Public policy development Health System Funding Advocacy Quality and Safety The matrix also noted that the Board complement could be further enhanced with: Financial experience including as an accredited financial professional Academic health services experience including research In addition, the Committee felt that the Board would benefit from more balance in gender (there are currently 9 men and 1 woman) and the addition of minorities. continued on page 2 Thank you for your consideration in this matter. Sincerely, Larry Martin Chair, Board of Health Southwestern Public Health copy: Board of Health members, SWPH page 2/2 APPENDIX II SWIFT Network ΑBoard of Directors October 28, 2022 Sent VIA Electronic Mail Warden Mary French and Members of Elgin County Council RE:2023 SWIFTBoardMemberRepresentation th At our October 14board meeting, the SWIFT Board of Directors set our 2023 Annual General Meeting (AGM) date to April 28, 2023. At the end of the 2023 AGM Elgin CountyÔs representative on the SWIFT board, Tom Mrks, will end his current two-year term. At this time, SWIFT asks that you nominate a member of council for consideration as a WOWC member representative. This appointment is a twoear term ending at the 2025 AGM. We respectfully ask that nominees confirm their availability for the April 28, 2023 AGM and submit, along with the supporting council resolution, a completed online application form for SWIFTÔs consideration. We ask that you confirm support for your council nominee through resolution, and that such supported applications be submitted no later than January 27, 2023, to SWIFTÔs Executive Assistant Jen Broos jen.broos@swiftruralbroadband.ca. Please find below important dates for the SWIFT Board of Director selection process: DATE DESCRIPTION 28-Oct-22 Provide WOWC and Contributing partners Director appointments communication. 27-Jan-23 WOWC and Contributing Director Applications due date 10-Feb-23 SWIFT Executive Committee meeting to review applications for eligibility 10-Mar-23 WOWC Caucus meeting and approval of SWIFT Director candidates 25-Apr-23 SWIFT New Directors Orientation 28-Apr-23 SWIFT AGM and Directors confirmation vote 28-Apr-23 SWIFT Inaugural Board meeting Should you have any questions regarding the Director selection process, please contact either myself or Executive Assistant Jen Broos. The SWIFT Board and staff extend their sincere appreciation for your continued support. Thank you for your attention to this matter. Regards, Barry Field SWIFT Executive Director 519-319-1112 barry.field@swiftruralbroadband.ca Cc: Tom Marks, SWIFT Board of Director Julie Gonyou, Elgin County CAO Jen Broos, SWIFT Executive Assistant Encl: Board of Directors Terms of Reference Board of Directors Selection Whitepaper Board of Directors Application 789 Broadway Street Wyoming, ON N0N 1T0 (519)914.1308 SWIFT BOARD OF DIRECTOR SELECTION WHITEPAPER Joining the SWIFT Board Contribution to Southwestern Ontario, Caledon and Niagara Region SWIFT Board Directors have the opportunity to: a) Serve a two-year term with the objective of helping SWIFT achieve its vison. b) Apply their skills and expertise to help develop the strategic direction of SWIFT. c) Gain valuable insight and experience developing and implementing policies that promote the regionÔs economic success. d) Help build a better region by supporting the ongoing development of broadband infrastructure. e) Have an impact on the day-to-day lives of Ontarians by enhancing the quality of their experiences online. Board Director Role The role of the SWIFT Board Directors is to help foster the development of SWIFT. The board provides strategic direction and oversight for the corporation. As well, the board plays a key role in helping build broadband in southwest Ontario, Caledon and Niagara. A SWIFT Board Director is responsible to: a) Provide strategic direction and oversight for the SWIFT Project. b) Help develop and implement policies that support the SWIFT vison. c) Attend four to six in-person weekday meetings in various locations across southwest Ontario, Caledon and Niagara and the Annual General Meeting (travel and expenses are reimbursed). d) Participate in committee work and associated conference calls. e) Approve SWIFTÔs corporate plan and annual budget. Directors are expected to serve on committees and attend board meetings regularly. If elected to the board, successful candidates are expected to attend the Annual General Meeting (AGM) and the inaugural board meeting in April of each year. Desired Skills & Experience The SWIFT board has a board skills matrix (see Appendix A) that outlines the skills and experience SWIFT looks for when reviewing applications. SWIFT seeks members who have: a) A passion for community; b) Experience in the telecommunications industry; c) Finance, accounting and audit experience; d) Legal experience; e) Senior organization leadership; f) Experience with and understanding of the boardÔs oversight role with respect to risk management; and g) Previous board experience with solid understanding of board governance. Director Classes The SWIFT board is broken into two classes: a) WOWC Directors - up to fifteen (15) directors elected by the WOWC (Western Ontario Wardens Caucus) Member class that includes the 15 upper and single tier municipalities of the WOWC. b) Contributing Directors - up to five (5) directors elected by the Contributing Member class that includes the other municipalities that have funded the project and are not members of the Western Ontario Wardens Caucus (WOWC). Board Director Term Length The term length for open WOWC and Contributing Directors is two years. Director Qualifications To be eligible to become a director, an individual must: a) Consent to be a candidate, and, if elected, a director; b) Must not be a direct employee or director of a Telecom Service Provider (example, Municipal Utility-Telcom, Telecom Cooperative, etc.); and c) On application due date; I. is 18 years of age or older; II. has not been declared incapable by a court in Canada or in another country; and III. does not have the status of a bankrupt. 2 How to Join the Board as a WOWC Director Joining the board as a WOWC Director is open to individuals who are members of the board of directors of the Western Ontario WardensÔ Caucus and/or an elected official of a WOWC Member. Becoming a WOWC Director can be achieved by following these steps: a) Each WOWC Member will nominate a representative to the board via a resolution of council. b) Member nominee will complete SWIFTÔs online application. c) SWIFT Executive Committee reviews each application for eligibility. Candidates may be contacted by the Executive Committee with follow-up questions to help make their decision. The list of eligible candidates is then forwarded to WOWC for review and approval. d) WOWC reviews the candidates and presents the slate to the WOWC Caucus for approval. e) Formal appointment of the WOWC member slate at the SWIFT AGM. How to Join the Board as a Contributing Director Joining the board as a Contributing Director is open to elected officials of a municipality that is (i) not a member of the Western Ontario WardensÔ Caucus and (ii) a member of the Corporation. Contributing Directors must be an elected official of a municipality that is a Contributing Member of the Corporation. Becoming a Contributing Director can be achieved by following these steps: a) Each Contributing Member will nominate a representative to the board via a resolution of council. b) Member nominee will complete SWIFTÔs online application. c) SWIFT Executive Committee reviews each application for eligibility. Candidates may be contacted by the Executive Committee with follow-up questions to help make their decision. d) The slate will be confirmed by a vote at the SWIFT AGM. Director Compensation Remuneration for elected directors is based on an annual resolution passed by the Board of Directors. This remuneration includes an annual base salary, per meeting per diem and reimbursed expenses. 3 Which Directors Are Eligible for Compensation? Both classes of elected directors of SWIFT are given remuneration to recognize their time and effort and to help the organization attract and retain experienced and knowledgeable members to its board. WhatCompensationDoDirectorsReceive? Directors are compensated based on their role within the board of directors, the number and types of meetings they attend, and any additional committee work performed. Appendix A Ï Board Skills Matrix Following is the board skills matrix. 4 DIRECTOR KEY STRENGTHSCOMPETENCY Previous Board of Directors Experience in serving on public, private, or not-for-profit Boards Experience operating with strong governance policies and practices. Not-for-Profit and Public-Sector Not-for-Profit and Public-sector experience including Experience knowledge of how governments operate, and the Canadian regulatory regime in whichSWIFT operates. Organizational Strategic Experience with planning, evaluating, and developing Planning organizational strategic plans, and allocating resources to achieve desired outcomes. This includes a demonstrated ability to focus on longer-term goals and strategic outcomes, as separate from day-to-day management and operational experience. Business/Corporate Planning Experience in business/corporate planning for public, private, or not-for-profit sectors. Financial Management Understanding of financial operational management and the Knowledge proper application of internal controls for public, private, or not- for-profit sectors. Accounting and Financial literacy and knowledge of financial reporting, and Audit Experience knowledge of the considerations and issues associated with the auditing requirements for public, private or not-for-profit sectors. Risk Management Experience Experience in the process of identifying principal enterprise- wide corporate risks and to ensure that management has implemented the appropriate systems to mitigate and manage risk. Background, experience, and understanding of the areas of Legal Background law related to SWIFTÔs business, such as contract, Telecom, IT, privacy, trademark, patent, etc. Human Resources Experience Understanding of human resource considerations and issues such as executive recruitment, succession planning, total compensation, performance management and organizational development. Telecommunications Industry Telecommunications experience related to SWIFTÔs line of Experience business and mandate, including an understanding of emerging industry trends. Experience and understanding of telecommunications Technical Knowledge technology including wireline and wireless technologies. Marketing and Experience in marketing and communications. Communications Experience 5 SWIFT Corporate Policy Board of Directors Terms of Reference PL-03-01 Author:Barry Field, Executive Director Current Version: V2.2 FINAL Board Approved Version: V2.1 Approving Resolution #: BM-02-2021-07 Board Approval Date: July 9, 2021 Annual Review Complete: May 13, 2022 Next Review: May 2023 Annual Review Approver: Executive Committee Policy Control Log Version # Revision Description Revision Date Approval Date V1.0 Initial Release in Corporate Policy 09-Jun-17 8-Nov-19 Manual PL-07-18 V4 (Policy #18) V2.0 New template, addition of Executive 20-Mar-20 3-Apr-20 Director, and few minor edits V2.1 Annual Review 14-May-21 9-Jul-21 V2.2 Annual Review including minor 13-May-22 22-Jul-22 grammatical corrections, changing strategic review from annual to biennial, and removal of reference to the Strategic Planning Policy of SWIFT. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 2 CONTENTS 1. PURPOSE ................................................................................................................................ 5 2. SCOPE ................................................................................................................................... 5 3. OBJECTIVE ............................................................................................................................ 5 4.GOVERNING STYLE...............................................................................................................5 5.LIMITATION OF MANAGEMENTÔS RESPONSIBILITIES AND AUTHORITY...............................5 6. COMPOSITION AND OPERATION ........................................................................................ 5 7. ROLES, RESPONSIBILITIES AND FUNCTIONS ......................................................................... 5 7.1. Strategic Planning ....................................................................................................... 6 7.2. Policies and Procedures ............................................................................................. 7 7.3. Risk Management ....................................................................................................... 7 7.4. Financial Reporting ..................................................................................................... 7 7.5. Compliance Management ....................................................................................... 7 7.6. Liquidity and Cash Flow Management .................................................................... 8 7.7. Information Technology and Cyber Security Management ................................. 8 7.8. Public Accountant Management ............................................................................ 8 7.9. Position Descriptions ................................................................................................... 8 7.10. Monitoring .................................................................................................................... 9 7.11. Reporting and Communication ................................................................................ 9 7.12. Board Evaluation ......................................................................................................... 9 7.13.Independence..........................................................................................................10 7.14. Conflict and Complaint Resolution ......................................................................... 10 7.15. Director Compensation ............................................................................................ 10 7.16. Annual Review of Terms of Reference ................................................................... 10 7.17. Appointment, Training and Monitoring of Senior Management ......................... 10 7.18. Meetings .................................................................................................................... 11 8. OVERSIGHT ESSENTIALS ...................................................................................................... 11 8.1. Orientation and Training .......................................................................................... 11 8.2. Continuing Education .............................................................................................. 11 PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 3 8.3. Access to Records .................................................................................................... 11 8.4. Committees ............................................................................................................... 11 8.5. Authority to Engage Outside Advisors .................................................................... 12 PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 4 1.PURPOSE Southwestern Integrated Fibre Technology (ÑSWIFTÒ) shall adhere to the following Policy, which will establish Terms of Reference for the Board of Directors (ÑBoardÒ). 2. SCOPE The policy applies to the SWIFT Board of Directors. 3. OBJECTIVE The Board is responsible for operating in accordance with the requirements of SWIFT By- Law No. 1. This document captures additional requirements of the Board. In the event of any conflict between this document and SWIFT By-Law No. 1, the terms of SWIFT By- Law No. 1 shall prevail. 4. GOVERNING STYLE The Board is directly accountable to the stakeholders and the public for the prudent oversight of SWIFTÔs operations. The Board is to safeguard the mission and vision of SWIFT and to establish SWIFTÔs long-term goals and direction. The Board defines SWIFTÔs values and culture in which it expects the CEO/Executive Director to manage the day-to-day operations. The Board will embody the behaviour necessary to govern with fairness and to the highest ethical and moral standards. 5. LIMITATION OF MANAGEMENTÔS RESPONSIBILITIES AND AUTHORITY The CEO/Executive Director is to be responsible for managing the day-to-day operations of SWIFT. This includes the supervision of the management team and SWIFTÔs outside consultants. The CEO/Executive Director is responsible for the implementation of SWIFTÔs objectives and the resolutions of the Board as well as the appropriate and timely feedback on the results of the CEO/Executive DirectorÔs efforts. 6. COMPOSITION AND OPERATION Composition and operation of the Board shall follow the requirements of SWIFT By-Law No. 1. 7. ROLES, RESPONSIBILITIES AND FUNCTIONS Duties of Directors shall follow the requirements of SWIFT By-Law No. 1. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 5 The BoardÔs fundamental objectives are to enhance and preserve long-term stakeholder value, to ensure SWIFT meets its obligations on an ongoing basis, and that SWIFT operates in a reliable manner. In performing its functions, the Board shall also consider the legitimate interests of other stakeholders of SWIFT. The stewardship of SWIFT involves the BoardÔs participation in strategic planning, financial reporting, risk management and mitigation, senior management determination, communication planning, and internal control integrity. The Board explicitly acknowledges responsibility for the stewardship of SWIFT, including the following: a) Satisfying itself as to the integrity of the CEO/Executive Director and other senior management, as to create a culture of integrity. b) Adoption of a strategic planning process and approving on at least a biennial basis, a strategic plan which accounts for the opportunities and risks of SWIFT. c) Ensuring management has adopted a process that is in line with the BoardÔs expectations on budgeting and forecasting. This includes formally approving the SWIFT budget and business plan on an annual basis, or more frequently if modifications are required, in accordance with the Budgeting and Forecasting Policy. d) Identification of the principal risks of SWIFT and the implementation of appropriate systems to mitigate these risks. e) Succession planning including the appointment, training, and monitoring of senior management. f) Adopting appropriate reporting and communication processes for SWIFT. g) Ensuring the integrity of SWIFTÔs internal control and management information systems. h) Developing SWIFTÔs approach to corporate governance. 7.1. Strategic Planning The Board has oversight responsibility in reviewing and approving the mission of SWIFT as well as its goals and objectives. In doing so, the Board shall consider the opportunities and risks of the business. The Board is to review SWIFTÔs operating and financial performance results relative to the established strategy, budgets and objectives on an annual basis. The Board is also responsible for providing management with input on emerging trends and issues on strategic plans, objectives and goals developed by management. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 6 7.2.Policiesand Procedures The Board is responsible for approving the corporate policies of SWIFT, and applicable procedures where required, which are designed to ensure that SWIFT operates at all times within the applicable laws and regulations and to the highest ethical and moral standards. The Board is also responsible for carrying out their duties in accordance with such policies and for monitoring compliance with the significant policies and procedures. The Board is responsible for adopting the written SWIFT Code of Conduct which is applicable to all Directors, officers, and employees of SWIFT. All Directors are also responsible for acknowledging their adherence to the applicable terms of the Code of Conduct at least annually, or more frequently, as modifications occur. 7.3. Risk Management The Board has the responsibility of understanding the principal risks of the business in which SWIFT is engaged. The Board is to achieve an appropriate balance between risks incurred and the potential return to stakeholders while confirming that there are systems in place which effectively monitor and manage those risks with a view to the long-term viability of SWIFT. 7.4. Financial Reporting The Board must ensure management has a policy and process for the preparation of financial reports and information internal use by management and directors, and external reporting for use by external stakeholders. The Board must formally approve externally reported financial information and ensure the appropriate reporting process is being adhered to by SWIFT management. This includes ensuring that there is an adequate system in place to maintain financial records. 7.5. Compliance Management The Board has the responsibility of ensuring SWIFT management is effectively managing any risks relating to compliance management. This is including, but not limited to, regulatory compliance with regards to: a) Procurement: The Board must ensure management maintains a policy and process over the procurement of goods and services which is in line with any regulatory requirements. b) Privacy: The Board must ensure management maintains appropriate controls over the gathering, use, disclosure, and management of any confidential information. This includes ensuring the appropriate information systems are maintained. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 7 c) Anti-Fraud: The Board must ensure the appropriate processes and controls have been developed that will aid in the detection and prevention of fraud, misappropriation, and other irregularities, in order to protect SWIFTÔs reputation, assets and information. The Board must ensure that management reports all instances of known or suspected fraud to the Board and any relevant regulatory bodies. 7.6. Liquidity and Cash Flow Management The Board has the responsibility of ensuring SWIFT management is effectively managing any liquidity and cash flow risks facing SWIFT, including oversight of SWIFTÔs borrowing activities. This includes adopting cash management policies and processes that meet the BoardÔs expectations, ensuring the appropriate information is received from management to effectively monitor their processes and borrowing activities, and ensuring the establishment of effective internal controls associated with cash flow management. 7.7. Information Technology and Cyber Security Management The Board must ensure SWIFT management enforces appropriate requirements for protecting SWIFTÔs technology and information assets. These requirements must ensure: a) SWIFT information systems are adequately protected from security threats (unauthorized access, loss, corruption). b) Information security measures are in line with regulatory and legal requirements. c) Users (employees, service providers, and other authorized users of SWIFT systems) understand their responsibilities to protect the confidentiality and integrity of data. 7.8. Public Accountant Management The Members have the ability to appoint a public accountant at each annual meeting. The appointment of a public accountant shall follow the requirements of SWIFT By-Law No. 1. If appointed, the Board must also determine and approve the remuneration of the public accountant. A process must be in place to monitor the performance of the public accountant against the intended duties. This must occur prior to each annual meeting, at a minimum, or more frequently where required. 7.9. Position Descriptions The Board is responsible for developing position descriptions for the Chairman of the Board, the Chairman of each established Board committee and the CEO/Executive Director. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 8 The Board is to develop and approve the corporate goals and objectives by which the CEO/Executive Director is responsible for meeting as well as a description of the responsibilities of the individual Directors. This includes the basic duties of a Director as well as the expectation for attendance at Board meetings and advanced preparation of meeting materials. Position descriptions shall follow the requirements (duties and powers) of SWIFT By-Law No. 1. 7.10. Monitoring The Board has the responsibility of reviewing and approving SWIFTÔs financial statements and overseeing SWIFTÔs compliance with applicable requirements. The Board is to verify that SWIFT is, at all times, operating within applicable laws and regulations to the highest ethical and moral standards. The Board is responsible for verifying that SWIFT has implemented adequate internal control and management information systems to ensure the effective discharge of its responsibilities. The Board has the responsibility of adopting processes for the monitoring of the CorporationsÔ progress towards its strategic and operational goals and to alter managementÔs direction in response to changing circumstances which affect SWIFT. If SWIFTÔs performance falls short of its goals, the Board is to take action. The Board shall approve material transactions outside of SWIFTÔs ordinary course of business, and in accordance with any approved Corporate Policies. 7.11. Reporting and Communication The Board is to verify that SWIFT has policies and programs in place to enable SWIFT to communicate effectively with its stakeholders and the general public. The Board shall ensure that the financial performance of SWIFT is adequately reported to stakeholders and regulators on a timely and regular basis. 7.12. Board Evaluation The Board is responsible for ensuring that the Board, its committees, and each individual Director are regularly assessed regarding their effectiveness and contribution. The Board is to implement a process for assessing the Board and Board committees in consideration of its mandates and the Directors in consideration of the competencies and skills the Director is expected to maintain. Regular Director terms of office and removal shall follow the requirements of SWIFT By- Law No. 1. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 9 7.13.Independence The Board is responsible for implementing appropriate structures and procedures to permit the Board to function independently of management. 7.14. Conflict and Complaint Resolution The Board shall review any complaints identifying that a Director has violated any of SWIFTÔs policies, such as the written Code of Conduct. The Board shall also review any disputes between Directors that interfere with the BoardÔs ability to carry out its duties and responsibilities. The review of such complaints or disputes will include an opportunity for the Directors involved to present their positions. Complaints may be referred to an independent arbitrator if a resolution cannot be established internally. The recommendations for resolution will be approved by the Board and the ruling of the Board shall be final. If a Director refuses to abide by the ruling, the Board may take disciplinary action as needed. 7.15. Director Compensation The Board is to review the adequacy and form of compensation provided to the Directors to ensure it adequately reflects the responsibilities and risks involved in being an effective Director, including any policy on per diems. 7.16. Annual Review of Terms of Reference The Board shall review and assess the adequacy of the terms of reference at least annually. It should also perform a self-review on its adherence to these terms. This self- review could assist in recommending improvements to information (frequency or content) provided to the Board to meet the terms. 7.17. Appointment, Training and Monitoring of Senior Management The Board shall appoint the CEO/Executive Director and all other senior management. The Board is to develop position descriptions for such persons, approve their compensation, and monitor the CEO/Executive DirectorÔs performance against a set of mutually agreed corporate objectives directed at maximizing stakeholder value. The Board may provide advice and counsel in the execution of the CEO/Executive DirectorÔs duties as appropriate. The Board is to ensure that a process is established that adequately provides for succession planning including the appointment, training and monitoring of senior management and to establish limits surrounding the authority delegated to management. Position descriptions shall follow the requirements (duties and powers) of SWIFT By-Law No. 1. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 10 7.18.Meetings Meetings of the Board shall follow the requirements of SWIFT By-Law No. 1. 8. OVERSIGHT ESSENTIALS 8.1. Orientation and Training An orientation and education program for newly appointed Directors of the Board will be provided. The orientation program is to familiarize the new Directors with SWIFTÔs activities, including the reporting structure, strategic plans, management, and significant financial, accounting and risk issues, as well as compliance programs and policies. The training will ensure that the Directors understand the individual contribution they are expected to add to the Board, including the commitment of time and resources. Newly appointed Directors of the Board are expected to attend orientation activities. 8.2. Continuing Education Continuing education opportunities will be provided for all Directors to ensure that individual Directors maintain and enhance their skills and abilities. Continuing education shall ensure that the DirectorsÔ knowledge and understanding of SWIFTÔs business environment and operations remains current to effectively carry out their duties. 8.3. Access to Records The Board will be permitted access to all of the records and information of SWIFT that it deems necessary to perform its duties. 8.4. Committees As authorized by By-Law No. 1 the Board can establish committees to carry out its duties through committees and to appoint directors to be members of these committees. The Board assesses the matters to be delegated to committees of the Board and the constitution of such committees annually or more frequently, as circumstances require. From time to time the Board may create ad-hoc committees to examine specific issues on behalf of the Board. If a committee is formed, the Board shall elect a Chairman of the committee and establish a committee mandate or terms of reference. The mandate or terms of reference will specify the requirements for assessing, appointing, and monitoring its members. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 11 The following are illustrative or commonly used committees that can be established to assist the board: d) Executive Committee e) Audit and Risk Committee; f) Corporate Governance Committee; g) Finance Committee; h) Human Capital & Compensation Committee; i) Nominating Committee 8.5. Authority to Engage Outside Advisors The Board has the authority to engage outside advisors as it deems necessary to carry out its duties, including the identification and review of candidates to serve as Directors or officers. SWIFT shall provide appropriate funding, as determined by the Board, for payment of the compensation of any advisors engaged by the Board and the ordinary administrative expenses of the Board necessary for the carrying out of duties. PL-03-01 Board of Directors Terms of Reference Ï V2.2 FINAL 12 APPENDIX III SCOR ΑBoard of Directors November 25, 2022 Julie Gonyou Elgin County Dear Julie, SCOR EDC and its Board of Directors respectfully request the names of Elgin CountyCouncil appointees to the SCOR EDC Board of Directors for the upcoming term of Council. As you know SCOR EDC is a not-for-profit corporation owned by the counties of Brant, Elgin, Middlesex, Norfolk and Oxford. Each of the five counties appoints two representatives to sit on the Board of Directors which serves the entire region. The corporation focuses on larger regional issues that spur economic prosperityacross the five-county region. Our areas of priority for larger regional issues are: 1. Infrastructure supporting economic development 2. Human Capital supporting economic development 3. Sector development with a focus on agriculture The SCOR EDC Board of Directors are the driving force behind regional strategies and priorities. Through collaboration and long-term commitment, we have established a positive reputation with upper levels of government and other regional stakeholders. SCOR EDC is widely recognized as a strong regional partnership with an action-oriented mandate. SCOR EDC has undertaken several successful projects that further each of the priorities outlined in our strategy for the benefit of the region. We look forward continued economic success for our region and once again take the opportunity to thank Elgin County Council and staff for their valued contribution and partnership. Sincerely, Alison Warwick Chair SCOR EDC South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G 0C4, P: 519-842-6333 www.scorregion.com www.scorbusinessportal.com South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G 0C4, P: 519-842-6333 F: 519-842-7123 www.scorregion.com www.scorbusinessportal.com Hello Everyone; Below is our SCOR EDC Board schedule for the 2023 year. The meetings are the last Thursday of the month and start time is 9:00 am. The meetings will rotate to each County (see below) as we near the date of the meetings actual address locations will be provided Please save the dates in your calendars. Date Location January 26, 2023 SCOR EDC Offices March 30, 2023 Brant May 25, 2023 Elgin July 27, 2023 Middlesex September 28, 2023 Norfolk November 30, 2023 Oxford 1 REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: November 30, 2022 SUBJECT: Overtime and Lieu, On-Call / Standby and Call- in, and HR Policy 2.10 Hours of Work / Alternative Work Arrangement RECOMMENDATIONS: THAT the Overtime and Lieu, On-Call / Standby and Call-in, and HR Policy 2.10 Hours of Work / Alternative Work Arrangementfrom the Chief Administrative Officer, dated November 30, 2022 be received and filed for information; and THAT the Overtime and Lieu Policy be approved as presented for implementation effective January 1, 2023; and THAT the On-Call / Standby and Call-in Policy be approved as presented for implementation effective January 1, 2023; and THAT staff be directed to amend HR Policy 2.10 Hours of Work / Alternative Work Arrangement Policy for presentation to Council at its meeting on January 10, 2023 and direct the CAO to restrict participation in the program until Council has undertaken a review of the Policy. INTRODUCTION: Resources Policies including: 1.) Overtime and Lieu Policy 2.) On-Call / Standby and Call-In Policy This report also recommends that Council direct staff to prepare and present amendments to HR Policy 2.10 Hours of Work / Alternative Work Arrangement Policy (attached) at its meeting on January 10, 2023 and direct the CAO to restrict participation in the program until Council has undertaken a review of the proposed changes. On-Call / Standby and Call-in Draft Policy: -Call / Standby and Call- contingency service demands beyond regularly scheduled hours, some employees may 2 be required to work on an On-call / Standby basis. Under the policy, eligible positions will be approved by the Chief Administrative Officer and will be eligible for additional compensation while on their rotation. Eligible positions will be assessed based on: contingency for service demands; community safety; legislative requirements; and technology requirements for business continuity. This policy only applies to non-union employees who, by the nature of their roles, may be required to be On-call / Standby. Compensation is detailed within the draft policy. Overtime and Lieu Time Draft Policy: for non-union employees who have been approved to work in excess of their regular work week to support extenuating circumstances. This policy applies to non-union employees. Under this policy, overtime must be pre-approved. HR Policy 2.10 Hours of Work / Alternative Work Arrangement: It is recommended that Council direct staff to amend Human Resources Policy No. 2.10 Hours of Work / Alternative Work Arrangement to ensure consideration is given to the following: Recognition that the primary function of the flexitime arrangements is to facilitate minor variations to working time and not the creation of additional leave days. Under this policy, employees may request approval to adjust their regular working hours to help balance work with personal responsibilities and / or request approval to work additional hours and bank up to a maximum of 35 hours of accumulated time once per year to be used at a pre-approved time. The need for management to consider flexible work requests from employees, provided they are consistent with the policy objectives and principles, and will not impact on service or program delivery. The requirement for managers and Directors to pre-approve requests and regularly monitor working patterns to ensure extra time supports service demandsproblematic. Where individuals are regularly working sufficient hours in excess of this to build up the maximum allowable flexitime, it should be as a result of service requirements rather than personal choice. Any unused time is forfeited at the end of the year. BACKGROUND AND DISCUSSION: Council has a long-established commitment to providing high quality public services supported by an engaged and effective workforce. Flexible working arrangements allows our staff to enhance operational efficiency and effectiveness, support work-life balance, and adapt to evolving service and workforce needs, while continuing to provide a high-level of service to our community. Clear policies regarding the inter-related issues of: approval to work overtime; overtime compensation; on-call / stand-by 3 procedures; and, alternative work arrangements enhance the ability of County operations. In 2001, County Council passed Human Resources Policy No. 2.10 Hours of Work / Alternative Work Arrangement The AWA Policy was originally intended to support employees who required flexible work hours outside of their regularly scheduled shifts. At this time, Elgin County does not have a formal non-union overtime policy. Occasional overtime is generally administered (attached beyond 35 hrs/week. Its intention is to permit employees to shift their working hours within a payroll cycle (when possible, or in a slightly longer time-frame if not possible) to account for unique workload needs or personal circumstances. Since its initial implementation, an informal practice has developed that additional hours worked are generally used as paid time-off, in-lieu of an overtime pay-out. It is very rare for the County to pay out overtime to non-Long-Term Care Homes staff. Non-union staff generally rely on the AWA policy. The AWA policy was not intended for the purpose of general overtime management when it was implemented. provisions are being interpreted overly broadly when being used for a purpose outside of the original intention. This issu Policy 2.10 Hours of Work / Alternative Work Arrangement Policy. In 2022, the challenge posed by the unique nature of cyber incident demonstrated the inadequacy of the AWA Policy to deal with overtime issues. During that incident, there was a large volume of overtime accrued, centrally within the IT department. This presented an operational challenge to deal with under the AWA policy, which was not designed for this type of situation. This resulted in County Council needing to deal directly with the overtime issue on a one-off basis in late Spring of 2022. discretion of the Director/CAO to ensure the needs of the C result, staff claims for hours, under the policy, are presumed to be correct and to be taken as accumulated time off. Appropriate checks and balances are not currently in place to verify claims for accumulated time off. Similarly, the typical pre-approval controls for overtime are either non-existent or subject to interpretation, depending on the level of responsibility of the applicable employee. This causes the existing policy to be very difficult to manage. The first step in resolving the issues of overtime, paid time off in lieu and the ability to engage in alternative work arrangements is to implement policies that specifically cover the areas of overtime authorization and compensation, as well as enacting procedures 4 for on-call / standby and call-ins, which often result in overtime pay or paid time-off in- lieu of pay. The proposed Overtime Policy establishes a framework that will govern the issue overtime, removing the informal practice that has developed using the AWA Policy. Should Council accept the recommendations presented by County staff, a revision to the AWA policy will come forward at a future Council meeting to round out the necessary changes to clarify the procedures and entitlements intended purpose. This will ensure consistent application across all departments. Finally, there is a need to recognize that there are some positions at the County that are --7 operations. As a result, the On-Call / Standby and Call-in Policy has been developed. RELATED COUNTY POLICIES: The draft policies intersect with the following: HR Policy 2.170 Disconnecting from work HR Policy 2.10 Hours of Work / Alternative Work Arrangement HR Policy 2.106 Remote Work Program HR Policy 6.10 Holiday Statutory / Non-Statutory (Full Time Staff) HR Policy 6.20 Holiday Part-time and Contract Staff HR Policy 6.30 Holidays on Non-Scheduled Working Days HR Policy 6.40 Working on a Statutory Holiday HR Policy 7.10 Vacation Year / Scheduling and Pay HR Policy 7.20 Vacation Entitlement, Directors HR Policy 7.30 Vacation Entitlement, Other Full-Time and Part-Time Staff HR Policy 7.40 Temporary & Contract Staff Vacation Credits Expenses HR Policy 7.50 Paid Holiday During Vacation HR Policy 7.60 Vacation Entitlement, Contract Employees FINANCIAL IMPLICATIONS: There will be financial implications associated with the On-Call / Standby and Call-in Policy which will be presented to Council by impacted departments budget deliberations. ALIGNMENT WITH STRATEGIC PRIORITIES: 5 Serving ElginGrowing ElginInvesting in Elgin Ensuring alignment of Planning for and Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services now and in the future. Exploring different Fostering a healthy ways of addressing environment. Delivering mandated community need. programs and services Enhancing quality of efficiently and Engaging with our place. effectively. community and other stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Notice of changes to Corporate policies must be provided to staff. Communication materials will be prepared for staff and issued following the Council meeting. Notice will include a detailed summary of any new or amended policies, applicability and an indication of proposed changes to the AWA Policy. CONCLUSION: These policies support staff with flexible work arrangements, desire for flexibility and acknowledges that some positions are required to work on an on-call / standby basis. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ Subject: Overtime and Lieu Time Policy Number: To be determined Date Approved: To be determined Date Last Revision: \[not applicable\] Code: To be determined Section: To be determined _________________________________________________________________________ _____ 1.0 Purpose The purpose of this policy is to define overtime compensation for non-union employees who have been approved to work in excess of their regular work week to support extenuating circumstances. 2.0 Scope This policy applies to all non-union employees of the Corporation of the County of Elgin whether employed in a permanent, temporary, or contract capacity, including full-time, part- time, casual call-in, students, seasonal, temporary, and government sponsored programs. 3.0 Definitions For the purpose of this policy, the following definitions apply. is monetary pay, Lieu Time or a combination of both for approved Overtime worked. is work that is pre-approved and completed normal hours of work and may be attributed to: the completion of time sensitive projects, work load issues/demands, complexity of issue requiring specific expertise, operational issues that wait until the next business day, and/or during an emergency as declared under the Emergency Management and Civil Protections Act (e.g. pandemic, flooding, etc.). /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ means Overtime hours that have not yet been compensated. , or financial year, refers to the completion of a one-year or twelve (12) month accounting period and is used for budget purposes. The Fiscal Year for the Corporation of stst the County of Elgin is January 1 through to December 31. stst -is an interval of time between January 1 and December 31. is an Overtime compensation method whereby the employee is entitled to time away from work, rather than monetary payment when work completed is pre-approved by Manager or supervisor. is additional hours worked in excess of a Regular Work Week of thirty-five (35) hours. is all hours for which an employee receives compensation. This includes vacation, sick time and Lieu Time. is the normal days of the week an employee is scheduled to work and may in include Saturday, Sunday and evenings at some work sites. The days that make up the Regular Work Week will be established departmentally based the nature of work and business requirements. is an established work period during a day. (regular hourly rate of pay) is a compensation rate for Overtime hours worked in excess of the Regular Work Week. is all hours for which an employee does not receive Compensation. This includes unpaid leaves of absences or unpaid sick time when a full-time employee has exhausted their sick time bank. Procedures 1.0 Overtime shall be kept to a minimum and should not form part of the Regular Work Week. Where, when and how Overtime is completed is up to the discretion and approval of the immediate Manager. Overtime and Lieu Time will be authorized in advance, logged and distributed as fairly as possible among those employees regularly performing the work. Such a request shall take into consideration any prior personal commitments. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ 2.0 For the purpose of calculating entitlement to Overtime Compensation, all Paid Time (e.g. approved vacation) is included in the hours of work. Unpaid Time is excluded. 3.0 Employees who know in advance that they will be required to work outside their Regularly Scheduled Shift are required to flex their day when possible to avoid the accrual of Overtime and or adjust their weekly schedule within the same pay period, when possible 4.0 Overtime payouts must be managed within existing departmental budgets. If there is an expectation that this cannot be achieved consultation with the Chief Administrative Officer (CAO) is required in advance of a payout. 5.0 All employees must accurately track all Overtime worked per Full-year Cycle in order to be eligible for Overtime compensation. Employees in Levels 3-8 (Non-Union Salary Grid) 6.0 For the purpose of starting or commencing overtime compensation, the period will start on the first day of the Regular Work Week. Overtime shall accrue on the following basis: a) Overtime hours worked in excess of the Regular Work Week of thirty-five (35) hours shall be accrued as Straight Time unless authorized time worked is on a holiday or after midnight. b) Overtime hours worked in excess of forty-four (44) hours a week shall be accrued at one and one half (1.5) times the regular rate of pay unless authorized time worked is on a holiday or after midnight. c) Travel time to and from training sessions, seminars, or conferences outside of a Regularly Scheduled Shift does not qualify for Overtime with the following exceptions: i. If an employee is the trainer or delivering a service, travel hours will be accrued at Straight Time. ii. If an employee is productively working while in transit, travel hours will be accrued at Straight Time. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ iii. Where travel results in extenuating circumstances, exceptions may be made by the CAO, having regard to all the circumstances... d) Attending training, seminar, and conference events (e.g. breakfasts, dinners, networking socials, etc.) outside of a Regularly Scheduled Shift does not qualify for Overtime. e) An employee who elects to work through paid or unpaid break periods will not be allowed to accumulate such time as Overtime/Lieu Time. All employees are directed to take all paid or unpaid break periods. f) An employee will not be compensated for Overtime/Lieu-time worked that is less than fifteen (15) minutes in any one day with the exception of call-ins as outlined in Procedures 7.0 and 8.0. g) Lieu Time hours will not normally be carried over from one year to the next. When an employee takes approved, paid time off from work, the paid time off will firstly draw from Lieu Time hours prior to being drawn from an vacation bank. When the Lieu Time bank is depleted, then paid time off will be drawn from vacation bank and/or another time bank that may be permitted by Elgin County policy. All Hours Banked, if unused, shall be paid to the employee on the last pay period of the calendar year, except when: i. a plan is approved by the Manager, Lieu Time may be carried over and used by the end of the next Full-year Cycle. Overtime for Call-ins 7.0 This section 7.0 is to be read in conjunction with the On-Call / Standby and Call-In policy. When an employee is physically called into work, except those positions deemed ineligible for call-out pay per the On-call / Standby and Call-In policy, by their Manager, or designate for Overtime hours outside of their Regularly Scheduled Shift, they shall be compensated with a minimum of three (3.0) hours of pay, or actual time worked, whichever is greater, at the applicable Overtime rate if entitled, with the following exceptions: a) There shall be no minimum payment of three (3.0) hours of pay for Overtime worked as an extension of an Regularly Scheduled Shift. b) There shall be no minimum payment of three (3.0) hours of pay for Overtime worked one (1.0) hour or less before an Regularly Scheduled Shift. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ 8.0 When an employee is called by their Manager and is able to resolve an issue remotely (e.g. from their home, by phone, electronically) shall be compensated with a minimum of one (1.0) hour of pay, or actual time worked, whichever is greater, at the applicable Overtime rate if entitled. Overtime Worked on Statutory and Non-statutory Holidays 9.0 Permanent Full-time Employees All authorized hours worked on a statutory holiday shall be accrued at one and one halftimes the regular rate of pay. Work on non- statutory holidays shall be paid at Straight-Time. 10.0 Contract or Other Employees Compensated off the Full-time Salary Grid All authorized hours worked on a statutory holiday shall be accrued at two (2) times the regular rate of pay and Straight Time if required to work on a non-statutory holiday. 11.0 All Other Employees (part-time, students, casual call-in, seasonal, temporary, etc.) All authorized hours worked on a statutory holiday shall be paid one and one-half (1.5) times the base rate for the hours worked and Straight Time if required to work on a non-statutory holiday. Overtime Worked After Midnight 12.0 All Employees All authorized Overtime hours worked between the hours of 00:00 and 06:00 shall be accrued at two (2) times the regular rate of pay to the start of the regular shift except when: a) an employee chooses, with their approval, to arrive at work prior to their regular scheduled start time (e.g. catch up on paperwork) time worked shall be accrued at straight time unless the employee has already worked forty- four (44) hours at which time the employee would be would be paid one and one half (1.5) times the regular rate of pay. Employees in Level 9 and above (Non-Union Salary Grid) 13.0 Where an employee in Level 9 and above (Non-Union Salary Grid) works pre- approved Overtime, they shall accrue an Overtime Bank on a Straight-Time (i.e. hour- for-hour) basis up to a maximum of one (1) week, being thirty-five (35) hours. This is to reflect and acknowledge that the positions in Level 9 and above are required, at times, by the nature of their positions and management responsibilities to work extra hours. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ Employees who commence employment part way through the year will have their maximum of one (1) week Lieu Time prorated based on their actual start date. Entitlement to additional Compensation for Excessive Overtime worked may be approved by the CAO in consultation with the General Manager, Engineering, Planning & Enterprise / Deputy CAO. Employees who have worked Excessive Overtime may be entitled to additional Compensation as approved by the CAO. Employees must demonstrate they were directed or approved to work Overtime in excess of 200 hours per Full-year Cycle before additional Compensation in addition to the one (1) week Lieu Time is considered. Overtime will be corporately reviewed in June and November of each year for determination of additional Compensation: a) Employees approved for additional Compensation through a combination of Lieu and/or Paid Time may be entitled to up to a maximum of three (3) weeks. This formula will be applied when calculating entitlement: Total Overtime subtract 200 hours divided by 2 divided by 35 = additional weeks of Compensation o Example 458 hours 200 hours = 258 divided by 2 = 129 divided by 35 = 3.7 weeks In the example above the Employee may be entitled to up to an additional three (3) weeks of Compensation which is the maximum allowed. b) Employees approved for additional Compensation must use Lieu Time within the first six (6) months of the year following the one in which it was worked and approved. Such lieu time will be available without an impact to vacation bank policy limits as outlined in the Vacation Entitlement Policy 7.20 and 7.30. However, when an employee takes approved, paid time off from work, the paid time off will firstly draw from Lieu Time hours prior to being drawn from an vacation bank. When the Lieu Time bank is depleted, then paid time off will be drawn from vacation bank and/or another time bank that may be permitted by Elgin County policy. c) Final entitlement to Overtime payouts will be assessed annually in the month of November and if approved must be processed/paid out within the current Fiscal Year in which time was worked and in compliance with Procedure 4.0. However, if the maximum of three weeks entitlement as described in 13.0 a) has been /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ achieved during the course of the Fiscal Year a review of payout will be considered at the time. Overtime Employees in Grades 9 and Above (Non-Union Salary Grid) 14.0 Employees in Grades 9 and above are not eligible for Overtime or premium pay if required to work overtime, per the Employment Standards Act, 2000. Exemptions 15.0 Summer students are exempt from Overtime compensation, per the Employment Standards Act, 2000. Intersecting Corporate Policies 16.0 Intersecting policy language exists between Statutory Holidays 6.10, 6.20, 6.30 and 6.40, the Vacation Policies 7.10-7.60, and the On-call / Standby and Call-In policy. An employee may be entitled to other provisions under the guidelines of these policies. Please review these policies in conjunction with this one. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ AODA Employment Standards Regulation Commitment statement: In accordance with the Ontario Human Rights Code and Accessibility of Ontarians with Disabilities Act (AODA), the Corporation of the County of Elgin is an equal opportunity employer committed to providing: A diverse workplace Fair and accessible employment practices Individualized accommodations to support employees with disabilities An inclusive and accessible environment for all persons The County of Elgin values the unique abilities each employee brings to the workplace and is committed to providing an environment that attracts and retains talented individuals. We strive to deliver a seamless, consistent, and rewarding employment experience. Privacy and Confidentiality The County of Elgin will maintain the personal information collected in confidence to the degree possible and subject to any disclosure requirements by law and the principles of procedural fairness. The information collected for the purpose of this policy is done under the authority of the Municipal Freedom of Information Protection of Privacy Act (MFIPPA) and the Personal Information Protection and Electronic Documents Act (PIPEDA) and will be used exclusively by the Corporation of the County of Elgin. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ Subject: On-Call / Standby and Call-in Policy Number: To be determined Date Approved: To be determined Date Last Revision: \[not applicable\] Code: To be determined Section: To be determined _________________________________________________________________________ _____ 1.0 Purpose The purpose of this policy is to recognize that due to contingency service demands beyond regularly scheduled hours, some employees may be required to work on an On-call / Standby basis. Positions identified by departmental Directors, and approved by the Chief Administrative Officer, as part of an On-call / Standby Roster will be eligible for additional compensation while on their rotation. The following criteria are considered when determining positions required to be On-call / Standby: Contingency for Service Demands Community Safety Legislative Requirements Technology Requirements for Business Continuity 2.0 Scope This policy applies to non-union employees who by the nature of their roles may be required to be On-call / Standby. Only one employee in any singular position or identified grouping will be On-call / Standby during a Weekly Rotation, as approved by the Chief Administrative Officer. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ 3.0 Definitions For the purpose of this policy, the following definitions apply. Call In is when an unusual/emergency situation requires an employee On-call / Standby to respond by going to a work site location and/or by triaging a situation remotely by phone or other technological means. Contingency for Service Demandspositions that are required to be available to ensure the services provided to the community are maintained at an acceptable level. There may also be circumstances where the level of requirement for On-call / Standby coverage is heighted based on community needs. (e.g. special community events) Community Safetypositions where the primary responsibility is to respond to a matter that is urgent in nature due to the impact of community safety. Legislative Requirementspositions that are required to be available 24/7 to ensure the protection of those they serve is maintained at all times as legislated through various Acts. (e.g. Fixing Long-Term Care Act, Health Protection and Promotion Act, Safe Drinking Water Act) On-call / Standbyis a specific, rostered commitment from an employee to remain continuously and immediately available for work outside normal office hours. On-call / Standby Compensationis pay that an employee receives when rostered to On- call / Standby status. On-call / Standby Rosteris a rotation of employees, usually within a department or with the similar position classification or skill-set, who take turns being available On-call / Standby when there is a need identified to have employees available after hours or on weekends/holidays. Requirements for Business Continuitypositions where the primary responsibility is to maintain technological services that are required for 24/7 operations and/or after hour requirements. Weekly Rotationis a consecutive seven (7) day period of time when an employee on the approved On-call / Standby Roster is required to be on-call. Departments will have flexibility in establishing a consistent day of the week and time of day when the Weekly Rotation commences based on operational needs. Procedures /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ Employees in Levels 3-8 (Non-Union Salary Grid) 1.0 Employees who are On-call / Standby must adhere to the following: Be accessible by phone immediately and remain within a one (1) hour response time to the County Administration Building. This will ensure a one point five (1.5) hour response time to principal municipal worksite locations; Not engage in any activity that may impair their judgement or prohibit their ability to respond to a potential Call-out; Have access to a municipal device (e.g. cell phone) at all times during their on-call rotation; Log all on-site visits made including time spent, travel time, mileage (if applicable) and issue type; and Issues resolved by phone will be logged by issue type, time call was made and the duration of call. 2.0 Employees who are designated for On-call / Standby and unable to perform their duties are to attempt to find a replacement from the approved On-call / Standby Roster for their division and advise their Manager as soon as possible. On-call compensation will be prorated for the employee not able to fulfill their on-call shift and their replacement will be compensated for the applicable time. 3.0 Employees designated as part of an On-call / Standby Roster will be compensated as follows: $200 pay per week while on On-call / Standby when a recognized statutory or non-statutory holiday occurs during an On-call / Standby period, they shall be paid an additional fifty ($50) dollars for each holiday within that period. 4.0 Employees who are On-call / Standby and are called into work (physically to the worksite or working remotely) to resolve an issue shall be compensated as follows: minimum of three (3.0) hours of pay, or actual time worked, at the applicable overtime rate, if entitled; travel time to and from a non-worksite location to a worksite location to a maximum of thirty (30) minutes each way will be included in time compensated; additional or successive Call-outs commencing and concluding within the minimum three (3.0) hour period shall be regarded as part of the original Call- out. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ Note: Call ins should only occur when the issue logged is essential to the services being provided (e.g. 24/7 operations) and/or unable to wait until the next business day, as approved by Manager. Employees in Level 9 and above (Non-Union Salary Grid) 5.0 Employees who are designated as part of an On-call / Standby Roster within their divisions must follow Procedures 1.0 and 2.0 of this policy. 6.0 Employees designated as part of an On-call / Standby roster will be compensated as follows: $300 pay per week while On-call / Standby when a recognized statutory or non-statutory holiday occurs during an On-call / Standby period, they shall be paid an additional fifty ($50) dollars. 7.0 Employees in grades 9 and above will not be eligible for Call in pay. Re-evaluation and Annual Review of Rostered Positions 8.0 Rostered positions that are re-evaluated through the Job Evaluation Process will be re-assessed by the Executive Leadership Team (ELT) to determine whether they continue to be eligible to remain on the On-call / Standby Roster. 9.0 Rostered positions will be subject to review annually by ELT to determine whether the position should remain on the On-call / Standby Roster. If any of a conditions warrant the discontinuance of eligibility, incumbents will receive written notice from the CAO in advance of any changes implemented. /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ Extenuating Circumstances 10.0 In the event that a Declared Emergency is in effect or other extenuating/pressing circumstances that require additional positions to temporarily be On-call / Standby, the ELT will review the request(s) for determination of approval. 11.0 Compensation for temporary On-call/Standby will be applied as described in sections 3, 4, 6 and 7 of this policy. When the requirement to be On-call/Standby is removed, positions temporarily added to the On-call / Standby Roster will be removed and no additional compensation provided. 12.0 In circumstances when there is an immediate need for an additional position(s) to temporarily be On-call / Standby, the Chief Administrative Officer will have the authority to approve this request. Intersecting Corporate Policies 13.0 Intersecting policy language exists between Statutory Holidays 6.10, 6.20, 6.30 and 6.40, the Vacation Policies 7.10-7.60, and this On-call / Standby and Call-In policy. An employee may be entitled to other provisions under the guidelines of these policies. Please review these policies in conjunction with this one. AODA Employment Standards Regulation Commitment statement: In accordance with the Ontario Human Rights Code and Accessibility of Ontarians with Disabilities Act (AODA), the Corporation of the County of Elgin is an equal opportunity employer committed to providing: A diverse workplace Fair and accessible employment practices Individualized accommodations to support employees with disabilities An inclusive and accessible environment for all persons The County of Elgin values the unique abilities each employee brings to the workplace and is committed to providing an environment that attracts and retains talented individuals. We strive to deliver a seamless, consistent, and rewarding employment experience. Privacy and Confidentiality /ƚǒƓƷǤ ƚŅ 9ƌŭźƓ tƚƌźĭǤ ağƓǒğƌ _________________________________________________________________ The County of Elgin will maintain the personal information collected in confidence to the degree possible and subject to any disclosure requirements by law and the principles of procedural fairness. The information collected for the purpose of this policy is done under the authority of the Municipal Freedom of Information Protection of Privacy Act (MFIPPA) and the Personal Information Protection and Electronic Documents Act (PIPEDA) and will be used exclusively by the Corporation of the County of Elgin. County of Elgin Human Resources Policy Subject: Hours of Work/Alternative Work Arrangement Policy Number: 2.10 Date Approved: February 13, 2001 Date Last Revision: December 15, 2005 Code: NU/FT Section: 2 Purpose In recognition of the growing need of many employees to balance work, family and personal responsibilities, the County of Elgin endorses and supports the concept of alternative work arrangements These flexible work options offer a variation on the traditional five-day week of seven hours per day. are based on voluntary employee participation. The balance between employee needs and the needs of the organisation are often difficult. Maintaining service delivery standards and ensuring operational feasibility must always be considered and never compromised. Application This policy applies to all non-union employees for the County of Elgin. There are three nd plans outlined below, one for the Directors/CAO, one for the 2 In-Commands, and one for the Regular Non-union group, which reflects the responsibility and expectations for these positions. Benefits The proper use of flexible hours should result in mutual benefits to the County, employees and clients. Success of the arrangement will be measured by the extent to which it results in better service to clients/members of the public, and a healthier work climate. Managers and employees should take this goal into consideration before entering into an AWA agreement. County of Elgin Human Resources Policy The three plans are outlined below: 1. Directors/CAO: True Flex-time - Determine their start and finish times. - Additional time worked each day can be used to take one full day off per week, or part there of, as long as 70 hours are worked by the end of each pay-period. - This plan is based on the honour system and the discretion of the Director/CAO to ensure the needs of the corporation are met. - The Warden has the right to adjust the flex-time. - The CAO has the right to alter the Director's flex-time. - Electronic timesheets will be used & the Director of Human Resources or designate will have access to the same. Overtime: - Accumulated time off must be used in the current year that it was earned, with the exception of time earned in December, which can be utilised in January of the following year. - Accumulated time off will not be paid out under any circumstances. nd 2. 2 In-Commands and others as designated by the Director/CAO*: True Flex with Core Hours - Determine their start and finish times from the work schedule indicated in the policy. - The core hours of 9:30 11:30 and 1:30 3:30 must be filled. - Additional time worked each day can be used to take one full day off per pay- period, in consultation with their Director/CAO, as long as 70 hours are worked by the end of each pay-period. - The Director/CAO has the right to change schedules, reduce the number of choices below, and reduce time-off to ensure the needs of the department and County are met. - Electronic timesheets will be used & the Director of Human Resources or designate will have access to the same. Overtime: - Accumulated time off must be used in the current year that it was earned, with the exception of time earned in December, which can be utilised in January of the following year. - Accumulated time off will not be paid out under any circumstances. County of Elgin Human Resources Policy EMPLOYEE Staggered Work Total Hours Choice Hours Per Day A 8:00 am to 4:00 pm 7 B 8:30 am to 4:30 pm 7 C 9:00 am to 5:00 pm 7 Note: At the discretion of the department head, employees may be permitted to utilise true flex with core hours, depending upon the requirements of the department and the needs of the corporation. 3. Regular Non-Union Employees: Staggered Work Hours - Choose a work schedule from the list below. - Additional time worked each day is accumulated to allow one day off every other pay- period. This time must be taken within the current two pay-period cycle. - The Director/CAO has the right to change schedules, reduce the number of choices below, and reduce time-off to ensure the needs of the department and County are met. - Electronic timesheets will be used & the Director of Human Resources or designate will have access to the same. - Road employees will be exempt during the construction season, which will be clearly defined. Overtime: To qualify under this section, all overtime hours worked must be properly documented and authorized. Staff, other than those noted above, who normally work 35 hours per week will receive compensation for overtime hours worked as follows: - Hours worked exceeding 35 hours per week, calculate at time for time EMPLOYEE Staggered Work Total Hours Choice Hours Per Day A 8:00 am to 4:00 pm 7 B 8:30 am to 4:30 pm 7 C 9:00 am to 5:00 pm 7 Note: Employees have the option to work an additional (1) one hour each day, to a maximum of 7 hours accumulated during two pay-periods, to be eligible for one day off with pay. County of Elgin Human Resources Policy Procedure 1. Application - Employees must complete an AWA Participation Agreement form, Schedule (attached), including a proposed bi-weekly schedule. 2. Duration - All AWA agreements are for a defined period of time, subject to renewal no later than December 31st of each year, after evaluation by the employee, Manager and Director/CAO. 3. Scheduling - To facilitate department scheduling and maintain full coverage, each stant, including pre-determined scheduled days within the department will be considered when creating the AWA schedule. 4. Approval Process - Prior to approval, Managers must review proposals thoroughly, ensuring the efficiency of each work unit and considering operational and service requirements. Participation will be approved based on whether service requirements can be met, subject to modifications, where necessary. When a scheduling conflict occurs, each department will be responsible for developing a schedule that ensures fairness to all those participating and meets operational requirements. Each AWA agreement must be modified to reflect these changes prior to approval. Prior to implementation, the AWA Participation Agreement must be signed by the employee, Manager and Director/CAO and reviewed by Human Resources to ensure compliance with this policy. 5. Renewal of Existing AWA Agreements - All existing AWA agreements in each work unit will terminate on December 31st of each year and will be reviewed collectively prior to renewal to ensure fairness for all those participating and to maintain full service. Employees wishing to continue their existing AWA agreements on January 1st, must re- submit proposals no later than December 1st of each year. 6. AWA Changes Employees have the opportunity to submit two schedules per year that would change the hours worked on the: st 1 day of st summer 1 day of winter County of Elgin Human Resources Policy 7. Agreement Changes - Employees reverting back to their regular schedule should give 60 days notice to their supervisor. 8. Monitoring - Human Resources will be responsible for maintaining ongoing monitoring of the program, as well as providing general information and assistance to participating departments. 9. Failure to Comply - Failure to comply with specified conditions may result in suspension or discontinuance of the AWA. 10. Suspension of AWA - Any and/or all may be discontinued, altered or temporarily suspended by management for the following reasons: a) operational/productivity/performance concerns b) vacation/statutory holiday periods c) staff training/conferences d) illnesses/bereavement leave or other absences e) emergency circumstances f) transfer/promotion to or from a new work unit/team AWA Regulations 1. Disclaimer - The AWA Plan is a privilege for all non-union employees subject to management's discretion for the staffing needs of their department. While every effort will be taken to accommodate the AWA Policy for employees, the needs of the corporation must be met. 2. Attendance Records - Employees must complete the electronic timesheet daily, accurately and adhere to the established work schedule. The electronic timesheet should reflect actual hours worked and AWA time taken in accordance with the agreement. 3. Breaks and Lunch Periods - Breaks are a safety and service requirement. Participants shall not accumulate breaks towards hours worked. The lunch period shall not be reduced to less than thirty minutes. 4. Personal Appointments These appointments should be scheduled for the regular time off. On occasions where this is not possible appointments requiring less than ½ day, time can be made up throughout that pay-period. Where more than ½ day is required, this time must be used as a vacation day or a LOA day. Time for personal appointments are subject to department head/designate approval. County of Elgin Human Resources Policy 5. Vacation - Vacation accrual for employees participating in staggered work hours will be calculated based on the hours of 7 per day and 35 per week, in accordance with the applicable vacation schedule. 6. Sick Leave - Sick leave accrual for employees participating in staggered work hours will be calculated based on the hours of 7 per day and 35 per week. 7. Statutory Holidays - As statutory holidays are a non-earned credit, statutory holidays will be paid based on working hours of 7 per day. For statutory holidays which fall on work days when an employee is scheduled to work more than 7 hours, the employee may adjust the remaining hours in the week or use accumulated vacation, overtime or floating holiday hours to make up the difference, subject to supervisory approval. If this is not possible, the employee may revert to his/her schedule for that cycle. 8. Bereavement Leave - As bereavement leave is a non-earned credit, all full-time employees will be entitled to bereavement leave provisions, as per the applicable policy, based on urs of 7 per day. When bereavement leave is taken on a work day for which an employee is scheduled to work more than 7 hours, the employee may adjust the remaining hours in the week or use accumulated vacation, overtime or floating holiday hours to make up the difference, subject to supervisory approval. If this is not possible, the employee may revert to their schedule for that cycle. 9. Jury Duty/Court Attendance Days off for Jury Duty will be based on working hours of 7 per day. When Jury Duty/Court Attendance is taken on a work day for which an employee is scheduled to work more than 7 hours, the employee may adjust the remaining hours in the week or use accumulated vacation, overtime or floating holiday hours to make up the difference, subject to supervisory approval. If this is not possible, the employee may revert 10. Overtime If an employee is required to work the AWA scheduled day off, due to unforeseen circumstances, additional time off will be credited to the next pay-period. 11. Training/Conferences - Employees attending outside training courses and conferences will be paid based on the work hours of 7 per day. County of Elgin Human Resources Policy For outside training/conferences, which fall on a workday for which an employee is scheduled to work more than 7 hours, the employee may adjust the remaining hours in the week or use accumulated vacation, overtime or floating holiday hours to make up the difference, subject to supervisory approval. If this is not possible, the employee may revert If the outside training/conference falls on a scheduled day off, the employee may take another day off in lieu within the same pay period, which is mutually convenient to the employee and immediate supervisor. When travel time to and from training and conferences is outside the regular work day and the distance is greater than fifty (50) kilometers an employee may accumulate one (1) hour for each one hundred (100) kilometers traveled in accordance with the convention mileage in Policy 10.60. County of Elgin Human Resources Policy Schedule of Elgin Hours of Work/Alternative Work Arrangement Participation Agreement Department: Manager Name: Employee: Employee Number: Position: Plan: 1. Directors/CAO nd 2. 2 In-Command Submission date: / / 3. Regular Employee ( DD MM YY) In accordance with the AWA Policy, I am submitting the following proposal for review and approval. The AWA arrangement will commence on / / and will continue until / / . (DD MM YY) (DD MM YY) NOTE: All AWA Participation Agreements must terminate on or before December st 31 of each year. Note: Each employee can only choose 1 plan, either PLAN A, B, or C. The following is my proposed plan: PLAN Start Finish Total Hours Day Day Worked PLAN A 8:00 4:00 7.0 PLAN B 8:30 4:30 7.0 PLAN C 9:00 5:00 7.0 County of Elgin Human Resources Policy The table below is for employees in Plan 2 & 3 of the policy that want to work additional time on certain days to accumulate 7 hours in the pay period cycle indicated in their Plan. Please fill out below the days you would like to work additional time on a regularly scheduled basis. Actual Schedule: Monday Tuesday Wednesday Thursday Friday Total Hours Worked Per Week | total Week 1 ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour Week 2 ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour Week 3 ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour Week 4 / 140 ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour ½ hour 1 hour NOTE: Employees in Plan 2 are only to complete Week 1 and 2 Employees in Plan 3 are to complete Week 1, 2, 3, & 4 APPROVAL PROCESS I fully understand and agree to the terms and conditions of this agreement, and understand that my Manager and/or Director/CAO has the authority to deny, modify, continue, discontinue or temporarily suspend this AWA Participation Agreement at any time. Signature: Date: / / (DD MM YY) MANAGER: Approved Denied Signature: Date: / / (DD MM YY) DIRECTOR/CAO: Approved Denied Signature: Date: / / (DD MM YY) Office of the Executive Director 1525 Cornwall Road Oakville ON L6J 0B2 dan.cozzi@municipalengineers.on.ca MEA APPOINTS NEW BOARD OF DIRECTORS AT 2022 AGM The Municipal Engineers Association (MEA) is a non-profit association representing the interests of over nearly 1,100 professional engineers in Ontario who are employed in the municipal engineering and public works sectors at Ontario municipalities and provincial agencies, as well as consulting engineering firms acting as the engineer-of-record for Ontario municipalities. many pursuits include significant involvement (development and oversight) as the co- proponents (along with the Ministry of Environment, Conservation & Parks) for the Municipal Class Environmental Assessment (MCEA) process. Together with the Ministry of Transportation of Ontario, MEA administers Ontario Provincial Standards for Municipalities (OPS MUNI); many of our members participate in committees that establish standards and specifications used province wide. MEA offers training courses for both MCEA and OPS as well as hosting an annual conference. The MEA is also the preferred venue for employers to recruit professional municipal engineers and technologists/technicians through our online employment advertising platform. Since 2008, the MEA has also awarded over $165,000 in bursaries to students entering the first year of an accredited university engineering program as part of its annual bursary program. The MEA recently held its 2022 Annual General Meeting at the Chelsea Hotel on November 17, 2022. As part of AGM business, a new Board was elected. We are pleased to present the new Board for the 2022/2023 term: 2022-2023 MEA Board of Directors & Staff Chris A. Traini, P. Eng. Matthew N. Miedema, P. Eng. Amanda Froese, P. Eng. President Vice President Secretary-Treasurer County Engineer and Project Engineer Director, Transportation & Deputy CAO Engineering Division Environmental Services County of Middlesex City of Thunder Bay Bruce County ctraini@county.middlesex.on.ca mmiedema@thunderbay.ca afroese@brucecounty.on.ca Office of the Executive Director 1525 Cornwall Road Oakville ON L6J 0B2 dan.cozzi@municipalengineers.on.ca Jason Cole, P. Eng., Catherine J. Taddo, P. Eng. Taylor Crinklaw, P. Eng., Past-President Board Director Board Director General Manager, Infrastructure & Land Development & Environmental Director of Infrastructure & Development Services Engineer Development Services County of Lambton City of Sault Ste. Marie City of Stratford jason.cole@county-lambton.ca c.taddo@cityssm.on.ca tcrinklaw@stratford.ca Benjamin de Haan, P. Eng. Penelope Palmer, P. Eng. Paul Acquaah, P. Eng. Board Director Board Director Board Director Director of Transportation Serv. Manager, Business Improvement & Manager of Engineering United Counties of Stormont, Stds., Engg & Constn Services Capital Planning & Delivery Dundas & Glengarry City of Toronto York Region b_dehaan@sdgcounties.ca Penelope.palmer@toronto.ca Paul.acquaah@york.ca Scott Hamilton, P. Eng. D.M. (Dan) Cozzi, P. Eng. Amin Mneina, M.Sc., E.I.T. Board Director Executive Director Member Services Coordinator City Engineer Municipal Engineers Association Municipal Engineers Association City of Burlington Scott.Hamilton@burlington.on.ca dan.cozzi@municipalengineers.on.ca amin.meina@municipalengineers.on.ca Office of the Executive Director 1525 Cornwall Road Oakville ON L6J 0B2 dan.cozzi@municipalengineers.on.ca Please share this with members of your organization. Should you have any questions about the MEA or the new Board, please let me know. Sincerely, _________________________ D.M. (Dan) Cozzi, P. Eng. Executive Director Municipal Engineers Association ‘ ‘ ‘ ‘  ‘ž¡® † €ž®ž ¡®ž® ž® ®’ ®’ ŠŠŠ ƒ‰ “ “ Ž Monday, November 28, 2022 Laurie Scott, MPP, HaliburtonKawartha LakesBrock Chair, Standing Committee on Heritage, Infrastructure and Cultural Policy c/o Isaiah Thorning, Committee Clerk Whitney Block, Room 1405 99 Wellesley Street West Toronto, ON M7A 1A2 Delivered by e-mail to: schicp@ola.org Re: WOWC Submission on Bill 23, More Homes Built Faster Act, 2022 Dear Committee Chair Scott and Members of the Committee, On thank you for this opportunity to provide a submission to the Province of Ontario regarding Bill 23, More Homes Built Faster Act, 2022. The WOWC is a not-for-profit organization representing 15 upper and single-tier municipalities and 1.5 million residents across Southwestern Ontario, aiming to enhance the prosperity and overall well-being of rural and small urban communities across the region. The WOWC wishes to express its support for the overall stated purpose of Bill 23, which is to introduce several legislative changes to increase housing supply throughout Ontario and to over the next 10 years. The purpose of this submission is therefore to reiterate the commitment and support efforts to increase the supply of housing and to improve housing affordability in Ontario, while outlining concerns that have been raised by WOWC members. This regional response was prepared following significant consultation with WOWC member Counties and stakeholders including the WOWC Planning Subject Matter Experts group. Attachment 1 highlights the proposed changes in Bill 23 that are supported by the WOWC, given their alignment with the recommendations in the Western Ontario Workforce Strategy. The WOWC also supports its partners in the Association of Municipalities of Ontario (AMO) and the Ontario Big City Mayors (OBCM) in recommending that several provisions be removed, including those that shift the costs of growth to property taxpayers; those that undermine good planning practices and community livability; and those that increase risks to human and environmental health. Page 2 of 9 Please note that this submission should be considered as a response to the following Environmental Registry of Ontario postings: Proposed Planning Act and Development Charges Act Changes Proposed Ontario Heritage Act and Regulatory Changes Proposed Conservation Authorities Act and Regulatory Changes Proposed Natural Hazards Regulatory Changes Proposed Inclusionary Zoning Regulatory Changes Proposed Changes to Ontario Regulation 299/19: Additional Residential Units The main concerns divided by topic can be summarized as follows: Parkland The focus should be on making good communities with interconnected green spaces, beyond making these houses affordable The proposed changes lose sight of value of parkland that helped during the COVID-19 pandemic The proposed changes add additional layers of complexity Clarity is required on criteria regarding what type of parkland can be included and/or proposed by a developer Municipalities would like to keep the previous 5% parkland allocation Development Charges Potential levy increases, in conflict with the development charges and planning philosophies Concerns of spending or allocating 60% at the beginning of each year, impacting municipalit ability to pay for larger projects Significant staff time required to track and manage these changes Concerns regarding the difficulty to estimate and attainable housing The definition of attainable or affordable housing does not consider income o Furthermore, the definition in the Development Charges Act would be different than that in the Provincial Policy Statement Most rural areas do not have quantitative CMHC data Municipalities require reliable financial resources such as those in the DC Act Changes will create struggles for small and rural municipalities funding the infrastructure related to growth There is a need to maintain affordable housing as an eligible service Municipalities request the ability to restore the use of Development Charges to fund growth-related studies Clarity required Removal of Upper-Tier Approval Powers Regional-scale approvals still need to be planned, as they do transcend local boundaries The unintended consequences of removing upper-tier municipalities may stymie growth The County of Simcoe is different than the noted Regions, and should maintain upper- tier planning authority at least until such time that other considerations around structures and service delivery relating to growth targets are addressed There should be an option of prescribing certain responsibilities (e.g. upper tier only responsible for matters that are prescribed) Page 3 of 9 There is significant planning experience at the upper-tier level in Western Ontario, including robust, efficient models as well as shared-service models Request to restore the opportunities to local municipalities to engage in Service Delivery Agreements with whomever they choose, and to allow upper-tier municipalities to have service delivery agreements with local municipalities Request the need for the legislation to provide different capacities or resource capacity frameworks for small and rural municipalities Natural Heritage Planning and Natural Hazards Municipalities rely on Conservation Authorities (CAs) for Natural Heritage and Natural Hazards. If CAs are not providing those comments, municipalities will need to handle this aspect, leading to inefficiencies in the planning process Many small and rural municipalities would not have the funding or requirements for a full- time staff person for Natural Heritage Planning and Natural Hazards Member municipalities would require additional resources in terms of staff and costs Request for flexibility and option to have MOUs to provide cost-effective delivery models Request to be able to contract CAs, e.g. for clean-water and other such agreements The short transition timeframe will create a scenario in which municipalities will be looking for similar staff at the same time, impeding the ability to shorten timeframes Conservation Authorities Request that the Province consider the long-term implications on the capacity of municipalities to do the work of CAs Change to the Conservation Authorities Act is anticipated to have impacts for local planning service delivery as it restricts CAs from providing technical expertise and application reviews for natural heritage and natural hazard matters The Province should allow municipalities to enter into agreements as needed with CAs, as has been the case with other agreements. Municipalities will now be acting as de-facto CAs, without adequate planning or technical staff or liability protection to enforce such requirements There will be increased costs to municipalities to have in-house or consultant reviewers. It is anticipated that increases to either planning staff capacity or the use of external firms may need to increase to cover natural heritage review Natural hazards should remain a shared responsibility o It is critical that municipalities continue to have the ability to use the expertise of CAs for Natural Hazards; development subject to Planning Act authorizations should not be exempt from Conservation Authority permits Conclusion There are several proposed changes that align directly with the Western Ontario Workforce Strategy and which can be supported by the WOWC, such as: expediting approvals through no third-party appeals, and as of right zoning to permit up to three residential units per lot. However, Bill 23 proposes legislative changes that will have significant impacts on all municipalities, as it relates to finance, planning approvals, and environmental matters. As a provider of many services that span local boundaries, upper-tier municipalities are an imperative partner in the solution. Page 4 of 9 The role of upper-tier municipalities as a body to coordinate County-level services becomes more critical than ever. The County systems and infrastructure which support this growth must still be administered a role that upper-tier municipalities can continue to fulfill. Thank you in advance for your collaboration and your attention to this matter. On behalf of the WOWC and its constituents, I look forward to your response. Sincerely, Warden George Cornell Cc: MPPs in Southwestern Ontario WOWC Board of Directors Page 5 of 9 Attachment 1 Alignment of Bill 23 with Western Ontario Workforce Strategy Issue Proposed changes Western Ontario Workforce Strategy Alignment with Recommendation Inclusionary Zoning / Exempt affordable housing 3.1a) Inclusionary zoning model policy (generally defined as being 3.2a) Encourage developers to develop Affordable and priced at no greater than 80% innovative housing choices and building Attainable Housing of the average price/rent in the models that will align with housing goals year a unit is rented or sold) and attract target populations and attainable housing and inclusionary zoning units from 3.2c) Identify and leverage housing DC, CBCs and parkland funding solutions from all levels of dedication government Introduce a category of 3.3c) Incorporate rental housing and entry-level hosing demand into housing be defined in future regulations strategy plans An upper limit of 5% of the 3.4b) Review and develop WOWC total number of units in a policies and advocacy priorities on issues development that can be impacting housing supply and required to be affordable as affordability including inclusionary part of inclusionary zoning, and zoning, blind bidding, investment a maximum period of 25 years properties, taxation and building code over which the units would be requirements required to remain affordable (this is a proposed regulation change, not in the legislation itself) Development Five-year phase in of DC rate 3.2c) Identify and leverage housing increases, beginning with a 20% funding solutions from all levels of Charges reduction in the first year, with government the reduction decreasing by 5% each year until year five when the full new rate applies. This is proposed to apply to all new DC by-laws passed since June 1, 2022. Page 6 of 9 Calculator showing how the Phase in will work Historical service level for DC eligible capital costs (except transit) extended from 10 to 15 years DC by-laws will expire every 10 years, instead of every five years. By-laws can still be updated any time Cap the interest paid on phased DCs for rental, institutional and non-profit housing to prime plus 1% DC/CBC/parkland exemptions for attainable housing, which will be projects designated by future regulations New regulation authority to set services for which land costs would not be an eligible capital cost recoverable through DCs Exclude the cost of studies (including background studies) from recovery through DCs Municipalities will be required to spend at least 60% of DC reserves for priority services (i.e., water, wastewater and roads). Discount for purpose built rental units, with a higher discount for larger units, on top of the existing DC freeze and deferral of payments over five years Page 7 of 9 Community Benefit Maximum CBC payable to be 3.2c) Identify and leverage housing based only on the value of land funding solutions from all levels of Charges proposed for new development government (not the entire parcel that may have existing development) Maximum CBC to be discounted by 4% of land value divided by the existing building size, as a proportion to total building square footage No third-party No one other than the 3.1a) Expedited approvals and applicant, the municipality, implementation policy to meet process appeals certain public bodies, and the requirements Minister will be allowed to appeal municipal decisions to the Tribunal. This applies to all Planning Act decisions (including consents and minor variances) Existing third-party appeals where no hearing date has been set as of October 25 will be dismissed. The scheduling of a case management conference or mediation will not be sufficient to prevent an appeal from being dismissed Gentle Density / As of right zoning to permit up 3.1a) Additional residential unit (ARU) to three residential units per policy and implementation Intensification lot (two in the main building 3.1b) Develop housing strategy resource and one in an accessory education tools to support residential building), with no minimum intensification and encourage unit sizes acceptance of additional housing forms New units built under this and density, remove barriers permission would be exempt 3.2a) Collaborate on business cases to from DC/CBC and parkland identify incentives or other program requirements, and no more Page 8 of 9 than one additional parking support that would encourage space can be required alternative housing forms 3.2b) Encourage developers to develop innovative housing choices and building models that will align with housing goals and attract target populations 3.3b) Develop strategy for transition models from rental to ownership, consider co-housing and promote tools to support tenant to become owners 3.3c) Incorporate rental housing and entry-level hosing demand into housing strategy plans 3.4b) Review and develop WOWC policies and advocacy priorities on issues impacting housing supply and affordability including inclusionary zoning, blind bidding, investment properties, taxation and building code requirements Subdivision Public meetings no longer will 3.1a) Expedited approvals and be required for applications for implementation policy to meet process approvals approval of a draft plan of requirements subdivision Site plan control Developments of up to 10 3.4b) Review and develop WOWC residential units will be policies and advocacy priorities on issues exempted from site plan impacting housing supply and control affordability including inclusionary zoning, blind bidding, investment Architectural details and properties, taxation and building code landscape design aesthetics will requirements be removed from the scope of site plan control Rental Replacement Minister to be given the 3.3a) Establish a rental housing working authority to enact regulations group including non-profit organization related to the replacement of support and liaison Page 9 of 9 rental housing when it is 3.3b) Develop strategy for transition proposed to be demolished or models from rental to ownership, converted as part of a consider co-housing and promote tools proposed development to support tenants to become owners 3.3c) Incorporate rental housing and entry-level hosing demand into housing strategy plans 3.4b) Review and develop WOWC policies and advocacy priorities on issues impacting housing supply and affordability including inclusionary zoning, blind bidding, investment properties, taxation and building code requirements Issue Proposed changes Workforce Strategy Recommendation Inclusionary Zoning / Exempt affordable housing (generally defined 3.4b) Review and develop WOWC policies as being priced at no greater than 80% of the and advocacy priorities on issues impacting Affordable and average price/rent in the year a unit is rented housing supply and affordability including Attainable Housing or sold) and attainable housing and inclusionary zoning, blind bidding, inclusionary zoning units from DC, CBCs and investment properties, taxation and building parkland dedication code requirements 3.2a) Encourage developers to develop which will be defined in future regulations innovative housing choices and building models that will align with housing goals and An upper limit of 5% of the total number of attract target populations units in a development that can be required to be affordable as part of inclusionary zoning, 3.3c) Incorporate rental housing and entry- and a maximum period of 25 years over which level hosing demand into housing strategy the units would be required to remain plans affordable (this is a proposed regulation 3.1a) Inclusionary zoning model policy change, not in the legislation itself) 3.2c) Identify and leverage housing funding solutions from all levels of government Parkland The maximum amount of land that can be conveyed or paid in lieu is capped at 10% of the land or its value for sites under 5 ha, and 15 % for sites greater than 5 ha Maximum alternative dedication rate reduced to 1 ha/600 units for land and 1 ha/1000 units for cash in lieu Parkland rates frozen as of the date that a zoning by-law or site plan application is filed. Freeze remains in effect for two years following approval. If no building permits are pulled in that time, the rate in place at the time the building permit is pulled would apply Encumbered parkland/strata parks, as well as privately owned publicly accessible spaces (POPS) to be eligible for parkland credits Landowners can identify land they intend to provide for parkland, with the municipality able to appeal to the Tribunal if there is a disagreement Parks plans to be required prior to the passing of any future parkland dedication by-law (would not apply to by-laws already passed) Parkland dedication will apply to new units only (i.e., no dedication can be imposed for existing units) Municipalities will be required to spend or allocate 60% of parkland reserve funds at the start of each year Development Charges Five-year phase in of DC rate increases, 3.2c) Identify and leverage housing funding beginning with a 20% reduction in the first solutions from all levels of government year, with the reduction decreasing by 5% each year until year five when the full new rate applies. This is proposed to apply to all new DC by-laws passed since June 1, 2022. Calculator showing how the Phase in will work Historical service level for DC eligible capital costs (except transit) extended from 10 to 15 years DC by-laws will expire every 10 years, instead of every five years. By-laws can still be updated any time Cap the interest paid on phased DCs for rental, institutional and non-profit housing to prime plus 1% DC/CBC/parkland exemptions for attainable housing, which will be projects designated by future regulations New regulation authority to set services for which land costs would not be an eligible capital cost recoverable through DCs Exclude the cost of studies (including background studies) from recovery through DCs Municipalities will be required to spend at least 60% of DC reserves for priority services (i.e., water, wastewater and roads). Discount for purpose built rental units, with a higher discount for larger units, on top of the existing DC freeze and deferral of payments over five years Community Benefit Maximum CBC payable to be based only on the 3.2c) Identify and leverage housing funding Charges value of land proposed for new development, solutions from all levels of government not the entire parcel that may have existing development Maximum CBC to be discounted by 4% of land value divided by the existing building size, as a proportion to total building square footage Removal of Upper Tier All upper tier municipalities in the Greater approval powers Toronto Area, as well as Waterloo and Simcoe will be removed from the Planning Act approval process for both lower tier official plans and amendments and plans of subdivision Minister would (unless otherwise provided) therefore become the approval authority for decisions are not subject to appeal Zoning in MTSAs Municipalities will be required to update zoning to include minimum heights and densities within approved Major Transit Station Areas (MTSA) and Protected MTSAs within one year of MTSA/PMTSA being approved No third-party appeals No one other than the applicant, the 3.1a) Expedited approvals and municipality, certain public bodies, and the implementation policy to meet process Minister will be allowed to appeal municipal requirements decisions to the Tribunal. This applies to all Planning Act decisions (including consents and minor variances) Existing third-party appeals where no hearing date has been set as of October 25 will be dismissed. The scheduling of a case management conference or mediation will not be sufficient to prevent an appeal from being dismissed Gentle As of right zoning to permit up to three 3.1a) Additional residential unit (ARU) policy Density/Intensification residential units per lot (two in the main and implementation building and one in an accessory building), with 3.1b) Develop housing strategy resource no minimum unit sizes education tools to support residential New units built under this permission would be intensification and encourage acceptance of exempt from DC/CBC and parkland additional housing forms and density, requirements, and no more than one remove barriers additional parking space can be required 3.2a) Collaborate on business cases to identify incentives or other program support that would encourage alternative housing forms 3.2b) Encourage developers to develop innovative housing choices and building models that will align with housing goals and attract target populations 3.3b) Develop strategy for transition models from rental to ownership, consider co- housing and promote tools to support tenant to become owners 3.3c) Incorporate rental housing and entry- level hosing demand into housing strategy plans 3.4b) Review and develop WOWC policies and advocacy priorities on issues impacting housing supply and affordability including inclusionary zoning, blind bidding, investment properties, taxation and building code requirements Subdivision approvals Public meetings no longer will be required for 3.1a) Expedited approvals and applications for approval of a draft plan of implementation policy to meet process subdivision requirements Site plan control Developments of up to 10 residential units will 3.4b) Review and develop WOWC policies be exempted from site plan control and advocacy priorities on issues impacting housing supply and affordability including Architectural details and landscape design inclusionary zoning, blind bidding, aesthetics will be removed from the scope of site plan control investment properties, taxation and building code requirements Rental Replacement Minister to be given the authority to enact 3.3a) Establish a rental housing working regulations related to the replacement of group including non-profit organization rental housing when it is proposed to be support and liaison demolished or converted as part of a proposed 3.3b) Develop strategy for transition models development from rental to ownership, consider co- housing and promote tools to support tenants to become owners 3.3c) Incorporate rental housing and entry- level hosing demand into housing strategy plans 3.4b) Review and develop WOWC policies and advocacy priorities on issues impacting housing supply and affordability including inclusionary zoning, blind bidding, investment properties, taxation and building code requirements Heritage Municipalities will not be permitted to issue a notice of intention to designate a property under Part IV of the Ontario Heritage Act unless the property is already on the heritage register when the current 90-day requirement for Planning Act applications is triggered Heritage registers to be reviewed and a decision made whether listed properties are to be designated, and if not, removed from the register A process is proposed which will allow Heritage Conservation District Plans to be amended or repealed Criteria for Heritage Conservation District Plans can be established for regulation Ontario Land Tribunal The Tribunal will have increased powers to procedures order costs against a party who loses a hearing at the Tribunal The Tribunal is being given increased power to dismiss appeals for undue delay The Attorney General will have the power to make regulations setting service standards with respect to timing of scheduling hearings and making decisions Regulations can also be made to establish priorities for the scheduling of certain matters Aggregate Resources Decisions on aggregate applications will be delegated to staff (instead of the Minister) Planning Act applications for aggregate proposals will be exempt from the two-year freeze on applications to amend new official plans, secondary plans and zoning by-laws Natural heritage planning A program to offset development pressures on wetlands is being considered, which will require a net positive impact on wetlands. The language appears to contemplate that wetlands can be developed provided a net positive impact is demonstrated The Wetland Evaluation System is also being revised, and the proposed changes would eliminate the concept of wetland complexes Conservation Authorities Permits will not be required within regulated areas (including wetlands) for activity that is part of a development authorized under the Planning Act A single regulation is proposed for all 36 Authorities in the province Clear limits are proposed on what Authorities are permitted to comment on as part of the planning approvals process, which will keep their focus on natural hazards and flooding Consumer protection Proposed increases to penalties under the New Homes Construction Licensing Act, 2017 of up to $50,000 COUNTY OF ELGIN By-Law No. 22-49 A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE DECEMBER 6 & 7, 2022 MEETINGS WHEREAS, pursuant to Section 5.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the powers of a municipality shall be exercised by its Council; AND WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the powers of every Council shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Municipal Council of the Corporation of the County of Elgin at this meeting be confirmed and adopted by by-law. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the actions of the Municipal Council of the Corporation of the County of Elgin, in respect of each recommendation contained in the reports and each motion and resolution passed and other action taken by the Municipal Council of the Corporation of the County of Elgin, at its meetings held on December 6 & 7, 2022 be hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law. 2. THAT the Warden and appropriate officials of the Corporation of the County of Elgin are hereby authorized and directed to do all things necessary to give effect to the actions of the Municipal Council of the Corporation of the County of Elgin referred to in the preceding section hereof. 3. THAT the Warden and the Chief Administrative Officer, or alternate, are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the County of Elgin. TH READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7 DAY OF DECEMBER, 2022. Julie Gonyou, Chief Administrative Officer/Clerk. Warden.