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June 24, 2010MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING JUNE 24, 2010 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. Larry Donna Charlton re: proposed severance (B1) Robert Newport re: Proposed severance 20383 Kintyre Line (B2) 10:00 a.m. Laverne Kirkness re: Seaside Development (B3) 10:30 a.m. Keith Fretter re: BIA Task Force (B4 B5) 11:30 a.m. Presbyterian Church re: proposed severance (D3) 1:30 p.m. Public Meeting re: 2010 Budget PLANNING: (B1 -B6) See also correspondence item D1 1.* Proposed severance Lot 22, Concession 13 (Charlton) 2.* Proposed severance Lots 10 11, Concession BF (Newport) 3.* Seaside Developments 4.* Task Force Report Business Improvement Association (under separate cover) 5.* Task Force Report Business Recruitment Expansion (under separate cover) 6. West Lorne Heritage Homes Community Centre site plan REPORTS: (C1 -C8) 1. ROADS a) Sale of 1999 Chevrolet June 24110 Page 2 2. RECREATION a) Quotation for West Lorne Fire Department security system 3. BUILDING 4. WATER 5. RURAL DEVELOPMENT OFFICER a) Report re: County Tourism Signage 6. BY -LAW ENFORCEMENT 7. DRAIN 8. WEST ELGIN PRIMARY SYSTEM 9. ADMINISTRATION a) *Report re: Elgin Election Joint Compliance Audit Committee b) *Report re: Bill 168 Harassment and Violence in the Workplace c) Community Emergency Management Coordinator ACCOUNTS CORRESPONDENCE: (D1 -D10) 1.* Ministry of Municipal Affairs Housing Five Year Review of Provincial Policy Statement 2.* Elgin County Elgin County Economic Development 2009 Year in Review 3. County of Elgin Land Division Committee application for consent (Presbyterian Church) 4. County of Elgin Land Division Committee application for consent (Parezanovic Farms) 5. County of Elgin Land Division Committee application for consent (McIntyre) 6. County of Elgin Land Division Committee application for consent (Minnema) 7.* Optimist Club of West Lorne Dodge Rodeo 8. Atkinson, Davies Geotechnical report for Heritage Homes Phase II 9.* Gunn Associates OPP Police Service Board 10. Victim Services Elgin signage June 24110 Page 3 BY -LAWS: By -law No. 2009 -50 By -law No. 2009 -51 OTHER BUSINESS: (El) 2. Closed session personnel, legal *Information enclosed CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS July 15, 2010 August 12, 2010 Amending 2009 -33 Part-time and Seasonal Employees Remuneration 2010 Tax Rates Council Council (9:30 a.m. Planning) 21 June, 2010 .e l MEMORANDUM #000811894 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance Larry Charlton 26255 26257 Talbot Line Part of Lot 22, Concession XIII south side of Talbot Line (County Road 3) east of McKillop Road Municipality of West Elgin 1. Purpose to sever a residential lot into two smaller parcels, both of which would be occupied by a single unit dwelling; lands proposed to be conveyed have an area of 1,725 square metres (0.3 acres), a depth of 33.5 metres (110 feet) but without frontage on a public road. The parcel is occupied by a single unit dwelling (26257 Talbot Line) erected circa 1959, and a detached garage. The dwelling is presently rented. No change in use is proposed; lands proposed to be retained have an area of 2,694 square metres (0.7 acres), a frontage of 51.5 metres (169 ft) and a depth of 52.3 metres (172 ft). The parcel is occupied by a single unit dwelling (26255 Talbot Line), erected circa 1978 and is the primary residence of the owner who purchased the subject lands approximately 15 years ago. No change in use is proposed; neighbouring lands are characterized primarily by agricultural uses on lots of variable size. Rural residential development is scattered although has occurred to a limited extent along Talbot Line. No land use conflicts are apparent; according to information provided by the owner, the dwellings share a solitary connection to the municipal water supply system but have independent on -site sanitary waste disposal systems. Access to the dwellings from Talbot Line (County Road No. 3) is by way of a shared driveway; the severance is being applied for, in the words of the owner, on the basis that....the bank will not recognize the second house on my property unless I get a severance. I can use the equity. _1 have invested in my property. Larry Charlton Proposed Severance Municipality of West Elgin June 21, 2010 page 2 2. Provincial Policy Statement (PPS) and Official Plan under the Provincial Policy Statement (PPS), the creation of residential lots in prime agricultural areas is restricted to situations where the dwelling is deemed to be surplus to the needs of the farm. This is not the basis nor the scenario under which the owner is proposing to sever the lands being conveyed from the larger existing lot. The PPS does allow for lot adjustments in prime agricultural areas for so- defined legal or technical reasons but excluding those resulting in the creation of a new lot; the severance proposed by the owner, therefore, does not fit any scenario contemplated or otherwise permitted by PPS. Strictly speaking, the application is not consistent with the PPS. That being said, it is a reasonable assumption that the thrust of the PPS in regards to lot creation in prime agricultural areas is directed at those situations which would lead to the erection of a new dwelling that is not there to begin with; the subject lands are designated 'Agricultural' in the Township of Aldborough Official Plan. Similar to the PPS, there is no basis in the Plan under which the proposed severance would be permitted. Under Section 2.1.13 of the Plan, the creation of residential lots is restricted to situations of a retirement lot (no longer permitted under PPS) or for lots to dispose surplus dwellings neither of which is taking place in this situation. Similar to the PPS, strict conformity with the Official Plan is not capable of being satisfied in the circumstances. On the other hand, the creation of a building lot is not being proposed and the general intent of the Official Plan would not be compromised if the consent was granted. 3. Zoning By -law the subject lands are zoned Rural Residential Three (RR3) in the Township of Aldborough Zoning By -law. The lands being conveyed would not satisfy the minimum lot area requirernent (1,850 sq m) of the RR3 zone and, in addition, would effectively have "0" lot frontage and would not have frontage on an open public road contrary to Section 11.1.4 and Section 4.10 of the Zoning By -law. A variance or re- zoning would be required to permit the creation of a lot having these deficiencies; #0008/1894 Larry Charlton Proposed Severance Municipality of West Elgin June 21, 2010 page 3 #0008/1894 the lands being retained would satisfy the minimum lot area and lot frontage requirements (1,850 sq m and 30 m respectively) of the RR3 zone; while no distances or setbacks between the two dwellings and garage from proposed lot lines have been provided by the owner, Section 4.15a) of the By -law provides relief in instances where the minimum required setbacks are not satisfied; the type of severance being applied for is rare and perhaps unprecedented in West Elgin. For this reason, it is unlikely to set a precedent. It is designed to resolve an existing situation which is unlikely to occur in the future and to resolve a hardship; the lack of frontage on a public road (and, therefore, legal access to the lands in behind) could be resolved by establishing an easement or right -of -way over the lands in front. In effect, the two parcels would share a common driveway or alternatively a new driveway could be established along side the westerly limit of the subject lands. If the existing driveway were to become the legal means of access to the lands in behind, it would create the prospect for future conflicts between the parties over use and maintenance; an alternative boundary whereby the lands being conveyed would have at least sufficient frontage to accommodate its own separate and independent entrance may be feasible. Relocation of the garage on the lands being retained may be necessary under certain lot boundary configurations; if the severing of the lands in behind is ultimately found acceptable to the Municipality, a requirement for privacy fencing between the two parcels should be considered; finally, the application for severance could be not supported by the Municipality leaving the owner with the issue of selling the second dwelling and relocating it to a vacant lot elsewhere, converting the dwelling to some other purpose or use in compliance with the Zoning By -law or continuing to rent the dwelling out. 4. Recommendation That the proposed consent by Larry Charlton be deferred to provide the owner an opportunity to consider other alternatives to resolve the issue at hand and present, as need be, to the Municipality for approval. Larry Charlton Proposed Severance Municipality of West Elgin June 21, 2010 page 4 (original signed by) Ted L. Halwa, MCIP, RPP x0008/1094 Larry Charlton 26255 Talbot Line Part of Lot 22, Concession XIII dimensions provided by owner um tt MEI MO MI LANDS PROPOSED TO BE CONVEYED LANDS PROPOSED TO BE RETAINED Proposed Severance unddpahhty of WEST ELGOI SCALE 1: 7,500 Metre s 0 5 10 20 30 40 Figure: 1 PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: ;rL MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES ADDRESS: c tjr PHONE: I -3@ 2. LOT f j CONCESSION I ACREAGE OF TOTAL PARCEL: 3. PARCEL TO BE SEVERED: ACREAGE FRONTAGE i` 9 DEPTH i 1( 4. ACREAGE TO BE RETAINED: 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO V WHEN WAS DWELLING CONSTRUCTED? i.Chc =C) (YEAR) IS THE DWELLING STRUCTURALLY SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES ;7 NO WHERE IS YOUR PRINCIPLE RESIDENCE? A. r 1, Ir J MUNICIPALITY t'1 "et; --i- 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 7. OTHER COMMENTS: ^1 n —1- Ll k L 1 1 l J ,41SJ 11,02 l O1" 050 rL1 DATE SIGNATURE NOTE: There is no charge for the first time Council reviews a proposed severance application. The fee for additional reviews and re- submissions by Council is $100.00 per instance. If you wish to attend the council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council at their meeting held on the 4th Thursday of each month. Please submit this application by the 3 Wednesday of the month for inclusion in the agenda. 4 r 6 bC 4 --I 3.a.-.2._. D I -1 ,flt'l C k n H 9 rexue. 807- L 5 1 1 GoL, rDN BRIC1{u1 1 SEVERANCE SKETCH OF PART OF LOTS 10 11 CONCESSION BROKEN FRONT PART OF ROAD ALLOWANCE BETWEEN CONCESSION BROKEN FRONT CONCESSION 1, WESTERN DIVISION PART OF ROAD ALLOWANCE BETWEEN LOTS 10 11 GEOGRAPHIC TOWNSHIP OF ALDBOROUGH MUNICIPALITY OF WEST ELGIN COUNTY OF ELGIN QONCES3100 b HOOK TODGHAM SURVEYING INCORPORATED PHONE: 1- 519 -354 -6122 PR0 i1T BEATTIE UNE n 1 ID I'1 0 r 0 z r*1 0 D N 1 1 1 1 1 1 2I) 8 Z 13 p (n z UI z co -1 -1 co z 0 1 m z((71 O Off] 0 OU) rri I t0� C I n N I r z a)c u pi 0 p o) V 0 CO 0 N j 01 O1- 01 N Kirkness Consulting Inc. Urban and Rural Planning June 21, 2010 Norma Bryant Municipality of West Elgin 22413 Hoskins Line PO Box 490 Rodney, Ontario NOL 2C0 Dear Ms. Bryant: 1647 Cedarcreek Crescent, London, Ontario N5X 008 TEL: 519- 672 -6550 FAX: 519 -672 -4290 E -MAIL: LKirkness@fanshawec.ca Re: Request to appear before Council on June 24, 2010 to deal with four matters In Port Glasgow, namely: 1. Application by Seaside Inc. for closure of part of the road allowance for Havens Lake Road; 2. Update on rezoning of pre- consultation for the commercial block at bottom of Havens Lake Road east side; 3. Review of Plan of Subdivision and Common Elements Condominium for part of Lot 6 owned by Seaside Waterfront Development Inc. 4. Responsibility Agreement for privately owned waste water treatment plant as required by MOE. On behalf of Seaside Waterfront Developments Inc., this is to request to appear before Council on the three matters above in order to advance the community building project. 1. Surplus lands along Havens Lake Road as our application has been before the Municipality since August 27, 2009. It is understood that there are Municipal concerns with respect to the drainage of the storm water and other matters. Our engineer, Richard Pellarin of Scoterra Engineering has prepared at Plan Profile and a Report (SEE ATTACHMENT 1 and 2) and we are meeting with your consulting Engineer and Planner to ensure there are no technical concerns for the 24 of June. Ron Koudys' office has prepared a simplified Surplus Lands Plan and this is shown as ATTACHMENT 3. 2. The commercial block at the foot of Havens Lake Road was looked upon favourably by Council except for the Option B that proposed to take the sewage to the top of the bank that was distant from the site itself. We now would like to withdraw this option and propose the possibility of a Holding Tank to accommodate the sewage for the first 4 1 Yours truly, Encl. years about the time it is going to take to get approved and build the private Waste Water Treatment Plant (WWTP) to the west. This would be the ultimate solution for the commercial block. The Holding Tank option would become OPTION 1. However, OPTION 1 would include sufficient study to determine the feasibility for a conventional sewage system to the rear or north of the commercial building proposed on our site plan concept. OPTION 2 would be to install the sewage system at the end of four years, if the WWTP was not operating at that time. The 4 years would start at the opening for business of the commercial block. We enclose the Commercial Block with Option 1 and 2 labeled on the same Plan ATTACHMENT 4 but noted to discern between OPTION 1 the Holding tank and OPTION 2 the conventional sewage system. 3. Our Plans for the larger project —the Community are well underway and ATTACHMENT 5 shows proposed DRAFT PLAN OF SUBDIVISION and ATTACHMENT 6 shows the COMMON ELEMENTS CONDOMINIUM to look after all of the common facilities such as the WWTP, the SWM, the roads and pedestrian laneways, parks, community centre etc. We hope to submit these Plans with the applications and the Planning Report to the MMAH soon. The associated rezoning will be submitted to West Elgin with a copy of the MMAH applications. 4. The RESPONSIBILTIY AGREEMENT is a requirement of the Ministry of the Environment as a condition of granting a certificate of approval for the construction of the plant. Responsibility Agreements deal with issues of 'responsible operation of plant' in addition to financial assurances. We will bring what we see as being crucial to the advancement of the overall Seaside project for Council to consider. Kirkness Consulting Inc. Urban and Rural Planning Per: Laverne Kirkness, BES.RPP.MCIP. cc. Howard Culligan Seaside Inc. cc. Ron Koudys RKLA cc. Richard Pellarin Scoterra Engineering cc. Ted Halwa Community Planners Inc. cc. 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I al S.-- 3 D> 2 a 67 T. 0 Go -n c, ---1 OR 1 1 1 1 1 rn 70 n u 1! 1 0 'imam= 35.9 I=21 6 1=LiN 01 1111E MIRO 0, ..3 '''—j• VI In zr. n c='2' &lj, 7Z C 7: 273 km :0 °L9 C-D ND •-.73- 4 ID i'D I'D b A L---: F -i. :.7= cD- 7 0 0 ZU" :0 =3 -.1 7.7.7) i'D 0.- .2) 0 ED 7,4 =3 7---- 6 z---,- 71, .7.7 7,..7' n ro e ---3 C) mc CD 15 73 Co r- Co C) M -rE G-) MOM NVIUM03c1 1! ijijit rot -0 A6iNnoo cover J. WAINef7d 546 ...YGN)78 £01 'ON OVOIll AINI700 54 °yob! 7VAINY11-4 9 3190'771- OLL'ety INTRODUCTION: BACKGROUND: The Legislation 4 s ■f �s thcb p��ilitguf J at TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA BRYANT, CLERK DATE: JUNE 24, 2010 RE: ELGIN ELECTION JOINT COMPLIANCE AUDIT COMMITTEE Section 81.1 of the Municipal Elections Act, 1996 (MEA) requires that each municipality or local board shall, before October 1 of an election year, establish a committee for the purposes of Section 81 regarding a compliance audit. A copy of sections 81 and 81.1 of the MEA is attached as Appendix 'A' to this report. The following is a summary of the requirements as set out in sections 81 and 81.1. of the MEA: Mandatory appointment by all municipalities Minimum of three, maximum of seven members The committee shall not include members of Council, employee or officers of the municipality of any persons who are candidates in the election for which the committee is established Appointed by October 1 of election year Serves a term concurrent with the term of office of Council that takes office following the next regular election Clerk has specific responsibility for the committee. The powers and functions of a compliance audit committee are as follows: Consider a compliance audit application received by an elector and decide whether it should be granted or rejected If the applicant is granted, appoint an auditor to conduct a compliance audit Receive the auditor's report Consider the auditor's report and if the report concludes that the candidate appears to have contravened a provision of the MEA relating to election campaign finances, the committee may commence legal proceedings against the candidate for the apparent convention 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 200 Tel: (519) 785 -0560 Fax: (519) 785 -0644 Page 2 of 9 If the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the Council is entitled to recover the auditor's costs from the applicant. The Process All candidates are required to file provincially- prescribed financial statements with the Clerk detailing their campaign financing activities. An eligible elector who believes, on reasonable grounds, that a candidate has contravened the MEA, relating to campaign finances, may apply for a compliance audit of the candidate's election campaign finances. The application must be made in writing to the Clerk, including the reasons for the elector's belief that the candidate has contravened the MEA and must be made within 90 days after the latest of: a) The filing date under section 78; b) The candidate's supplementary fining date, if any, under section 78; c) The filing date for the financial statement under section 79.1; or d) The date on which the candidate's extension, if any under section 80(4) expires. The Committee Members of a Elgin Election Joint Compliance Audit Committee should posses an in -depth knowledge of the campaign finance rules of the MEA so that they can make independent decisions on the merits of the applications. As the Committee will operate as a quasi judicial committee, prior experience on a committee, task force or tribunal would be an asset. A Committee composed of professionals such as auditors, accountant, lawyers, academics and other individuals having a familiarity with municipal election campaign financing rules is recommended. To avoid possible conflicts of interest, any member appointed to the Elgin Election Joint Compliance Audit Committee, must declare that they will not prepare the financial statements of any candidate running for office on Council for the term for which the Committee is established. Therefore, any member appointed to the Committee would have to agree to this in writing, prior to the appointment being made. Failure to adhere to this requirement shall result in the individual being removed from the Committee. Financial Impact The municipality is responsible for any costs resulting from the review of applications submitted to the Elgin Election Joint Compliance Audit Committee. Page 3 of 9 These costs include: Committee members' honorarium Auditor's costs to perform an audit Costs related to the Committee's operations and activities Legal costs related to an appeal to the Ontario Court of Justice with respect to a decision of the Committee a Legal costs to undertake legal actions against the candidate for violations of the elections finance provision of the MEA. DISCUSSION: The Clerks of the lower tier municipalities in the County of Elgin have met to discuss a joint committee for the County of Elgin. Such a committee would be composed of at least three (3) and not more than seven (7) members from across the County. A draft Terms of Reference for the Committee has been prepared and is attached hereto as Appendix 'B'. A joint committee offers the greatest potential to reach the broadest spectrum of interested applicants across the County. The applications would be reviewed by the Clerks and recommendations made to each Council. Each municipality will pass a by -law to establish the Elgin Election Joint Compliance Audit Committee and appoint the members of the committee. The "host" municipality will be responsible for paying the costs for administration, the committee, etc. as noted above. It would be the duty of the Clerk of "host" municipality to act as secretary to the committee. RECOMMENDATION: That Council of the Municipality of West Elgin approves the establishment of the Elgin Election Joint Compliance Audit Committee for the purposes of carrying out the duties as set out in section 81 and 81.1 of the Municipal Elections Act. Norma I. Bryant, Ho A, AMCT Clerk Appendix New sections 81 and 81.1 of the Municipal Elections Act, 1996 as amended by Bill 212 (Good Government Act, 2009) Compliance audit 81(1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate's election campaign finances. Requirements (2) An application for a compliance audit shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office; and it shall be in writing and shall set out the reasons for the elector's belief. Deadline (3) The application must be made within 90 days after the latest of, (a) the filing date under section 78; (b) the candidate's supplementary filing date, if any, under section 78; (c) the filing date for the final financial statement under section 79.1; or (d) the date on which the candidate's extension, if any, under subsection 80(3) expires. Application to be forwarded to committee (4) Within 10 days after receiving the application, the clerk of the municipality or the secretary of the local board, as the case may be, shall forward the application to the compliance audit committee established under section 81.1 and provide a copy of the application to the council or local board. Decision (5) Within 30 days after receiving the application, the committee shall consider the application and decide whether it should be granted or rejected. Appeal (6) The decision of the committee may be appealed to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the committee could have made. Appointment of auditor (7) If the committee decides under subsection (5) to grant the application, it shall appoint an auditor to conduct a compliance audit of the candidate's election campaign finances. Same (8) Only auditors licensed under the Public Accounting Act, 2004 or prescribed persons are eligible to be appointed under subsection (7). Duty of auditor (9) The auditor shall promptly conduct an audit of the candidate's election campaign finances to determine whether he or she has complied with the provisions of the Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate. Who receives report (10) The auditor shall submit the report to, (a) the candidate; (b) the council or local board, as the case may be; (c) the clerk with whom the candidate filed his or her nomination; (d) the secretary of the Iocal board, if applicable; and (e) the applicant. Report to be forwarded to committee (11) Within 10 days after receiving the report, the clerk of the municipality or the secretary of the local board shall forward the report to the compliance audit committee. Powers of auditor (12) For the purpose of the audit, the auditor, (a) is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things of the candidate and of the municipality or local board; and (b) has the powers set out in section 33 of the Public Inquiries Act, 2009 and section 33 applies to the audit. Costs (13) The municipality or local board shall pay the auditor's costs of performing the audit. Power of committee (14) The committee shall consider the report within 30 days after receiving it and may, (a) if the report concludes that the candidate appears to have contravened a provision of this Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention; (b) if the report concludes that the candidate does not appear to have contravened a provision of this Act relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application. Recovery of costs (15) If the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council or Iocal board is entitled to recover the auditor's costs from the applicant. Immunity (16) No action or other proceeding for damages shall be instituted against an auditor appointed under subsection (7) for any act done in good faith in the execution or intended execution of the audit or for any alleged neglect or default in its execution in good faith. Saving provision (17) This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances. Compliance audit committee 81.1(1)a council or local board shall, before October 1 of an election year, establish a committee for the purposes of section 81. Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a) employees or officers of the municipality or local board; (b) members of the council or local board; or (c) any persons who are candidates in the election for which the committee is established. Term of office (3) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. Role of clerk or secretary (4) The clerk of the municipality of the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implement the committee's decisions. Costs (5) The council or local board, as the case may be, shall pay all costs in relation to the committee's operation and activities. Appendix `B' TERMS OF REFERENCE ELGIN ELECTION JOINT COMPLIANCE AUDIT COMMITTEE 1. Name of Committee The name of the Committee is the "Elgin Election Joint Compliance Audit Committee 2. Term of the Committee The Committee must be established before voting day and will complete its work after dealing with all compliance audit applications received from the 2010 general municipal election. 3. Mandate The powers and functions of the Committee are set out in subsection 81 of the Municipal Elections Act, 1996, as amended (MEA). The Committee will be required to: (a) review and consider a compliance audit application received from an elector and decide whether it should be granted or rejected; (b) if the application is granted, appoint an auditor to conduct a compliance audit; (c) receive the auditor's report; (d) consider the auditor's report and if the report concludes that the candidate appears to have contravened a provision of the MEA relating to election campaign finances, the committee may commence legal proceedings against the candidate for the apparent contravention; and (e) if the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council is entitled to recover the auditor's costs from the applicant. 4. Composition The Committee will be composed of at least three (3) and no more than seven (7) members of the public. Members must possess an in -depth knowledge of the campaign financing rules of the MEA and therefore membership will be drawn from the following stakeholder groups: (a) accounting and audit accountants or auditors with experience in preparing or auditing the financial statements of municipal candidates; (b) academic college or university professors with expertise in political science or local government administration; (c) legal profession with experience in municipal law, municipal election law or administrative law; (d) professionals who in the course of their duties are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals; and (e) other individuals with knowledge of the campaign financing rules of the MEA. (e) other individuals with knowledge of the campaign financing rules of the MEA. It is noted that: o Members of Council, employees or officers of the municipalities or any persons who are candidates in the election for which the committee is established are not eligible to be appointed to the Committee, pursuant to clause 81.1(2) of the MEA. An individual shall be deemed ineligible to be a member of the Committee if they prepare the financial statements of any candidate running for office on municipal Council during the term for which the Committee has been established. To avoid possible conflicts of interest, an auditor or accountant appointed to the Committee must agree in writing to not undertake the audits or preparation of the financial statements of any candidates seeking election to Council. Failure to adhere to this requirement will result in the individual being removed from the Committee. 5. Membership Selection All applicants are required to complete an application outlining their qualifications and experience. The Nominating Committee consisting of the Clerks from each of the municipalities will meet to review the applications, and prepare a proposed Joint Committee membership list for consideration by the municipal Councils. Members will be selected on the basis of the following: (a) demonstrated knowledge and understanding of municipal election campaign financing rules and knowledge of the MEA and related regulations; (b) proven analytical and decision making skills; (c) experience working a committee, administrative tribunal, task force or similar setting; (d) availability and willingness to attending meetings; and (e) excellent oral and written communication skills. 6. Meetings The Committee will meet as needed, with meetings to be scheduled by the Clerk of the municipality where a compliance audit application is received, in accordance with the MEA requirements. The Clerk of the host municipality shall ensure and verify the validity of the meeting. The Clerk will contact all members to ensure a quorum of members are able to attend the said meeting. The Committee members will select a Chair from amongst its members at its first meeting. The Committee will conduct its meetings in public, subject to the need to meet in closed session for the purpose authorized under Section 239 of the Municipal Act, 2001. Meetings will be held at the location determined by the Clerk of the host municipality. 7. Remuneration Members of the Committee shall be paid an honorarium of $100 per meeting, plus mileage at the current mileage rate established by the host municipality. The Council of the host municipality shall pay all costs relative to the respective application. 8. Staff Support The Clerk or designate of the host municipality shall act as the Secretary to the Committee and provide support where required. TO: FROM: DATE: RE: INTRODUCTION: BACKGROUND: The amendments include: uniripalitg of cito 4 .cot 7 5 c Ei f COUNCIL OF THE MUNICIPALITY OF WEST ELGIN NORMA BRYANT, CLERK JEFF SLATER, HEALTH SAFETY COMMITTEE JUNE 24, 2010 BILL 168 HARASSMENT AND VIOLENCE IN THE WORKPLACE Amendments to the Occupational Health and Safety Act (OHSA) were established by Bill 168, which came into force on June 15, 2010. The Clerk and Recreation Superintendent attended a seminar on the requirements of this Bill. New definitions of workplace violence and workplace harassment A requirement for employers to prepare policies on workplace violence and harassment and develop and maintain programs to implement them A requirement for employers to asses the risks of workplace violence based on the nature of the workplace and type or conditions of work, and develop measures an procedures to control them A right for workers to refuse work if they believe they are at risk of physical injury due to possible workplace violence A requirement for employers who are aware of the potential for domestic violence in a workplace to take reasonable precautions to protect the worker who are at risk of physical injury A requirement of employers and supervisors to alert certain workers of the risk of workplace violence from persons with a history of violent behaviour. Employers and supervisors must provide workers who may encounter such persons at work with as much information, including personal information, as needed to protect the workers from physical injury; and A requirement for the Joint Health and Safety Committee and others to be notified if a worker is disabled or needs medical attention due to workplace violence. 22413 Hoskins line, Box 490, Rodney, Ontario NOL 2C0 Tel: (519) 785 -0560 Fax: (519) 785 -0644 DISCUSSION: It is being proposed that the following steps to be taken to comply with the legislation: 1. Develop a workplace harassment and violence policy. 2. Assessment of the risk of workplace violence for West Elgin staff. It is proposed that all employees will be asked to complete a survey. 3. Develop and maintain a program to implement the policy, including investigation and resolving complaints. 4. Training 5. Monitor and evaluate the policies and programs. At this time we are bringing forward a "Workplace Harassment and Violence Policy" to begin the compliance with the legislation (see attached) RECOMMENDATION: That Council of the Municipality of West Elgin approves the "Workplace Harassment and Violence Policy Norma I. Bryant, HonBA, AMCT Clerk Jeff Slate Health Safety Committee Municipality of West Elgin Workplace Violence Harassment Policy West Elgin believes in the prevention of workplace violence and promotes a violence and harassment free workplace in which ail parties respect one another and work together to achieve common goals. Any act of violence or harassment committed by or against any member of our workplace or the public is unacceptable conduct that will not be tolerated. The purpose of the policy is to ensure that all individuals are aware of and understand that acts of workplace violence and/or harassment are considered a serious offence for which appropriate action will be taken. Those who are subjected to acts of workplace violence or harassment are encouraged to report incidents immediately so that complaints can be thoroughly investigated. For the purpose of this policy "workplace violence" means: the exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker, an attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker, or a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. For the purpose of this policy "workplace harassment" means: engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, and may involve conduct that is verbal or non verbal, a single incident or a series of incidents, and can be directed at a co- worker, subordinate or manager, but is not intended to limit or constrain the reasonable exercise of management functions in the workplace such as decisions or actions relating to the worker's employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment. West Elgin is committed to investigating reported incidents of workplace violence in a timely manner, taking the necessary action to respond to those events and providing support for complainants. This policy applies to all employees within the Municipality of West Elgin and all are expected to uphold this policy and to work together to prevent workplace violence and harassment. Any employee that subjects an employee, agent, contractor or other person to workplace violence or harassment may be subject to disciplinary action up to and including termination. Employees who witness or are a victim of violence in this workplace are to contact Joanne Groch, Administrator /Treasurer, immediately. She will be responsible for initiating an investigation into the matter. Ministry of Municipal Affairs and Housing Provincial Planning Policy Branch 777 Bay Street, 14th Floor Toronto ON M5G 2E5 Tel. 416 585 -6014 Fax 416 585 -6870 June 4, 2010 Dear Clerk: MinisMre des Affaires municipales et du Logemenf Direction des polifiques provinciales d amenagement 777, rue Bay, 14e etage Toronto ON MSG 2E5 TEL 416 585 -6014 Telec. 416 585 -6870 RE: Five Year Review of the Provincial Policy Statement, 2005 The Ministry of Municipal Affairs and Housing, in conjunction with other land use planning ministries, is undertaking a review of the Provincial Policy Statement, 2005 (PPS), as required under the Planning Act. The main goal of the review is to assess the need for revisions to the PPS. The PPS is the integrated, consolidated statement of all ministries' policies concerning land use for Ontario and it provides policy direction on matters of provincial interest related to land use planning and development. Municipal councils, planning boards and any other decision makers including the Ontario Municipal Board must ensure their decisions that affect planning matters are consistent with the PPS. The PPS recognizes the complex inter relationships among economic, environmental and social factors in planning. It provides direction on key issues such as: the efficient use and management of land and resources; long -term protection of the natural environment and water resources; the conservation of cultural heritage and archaeological resources; and the protection of public health and safety. Your municipality's input and perspectives on whether changes to the PPS are needed will assist the government in determining if the policies are providing appropriate direction and protecting broader provincial interests. A PPS Review pamphlet containing background information on the land use planning system in Ontario including what the PPS is and how it is used; why the review is necessary; questions asking not only about what policies are working well but also whether some changes are needed; and information on how to provide comments is available online at www .mah.gov.on.ca /Page7243.aspx. The PPS, 2005 can also be viewed online by visiting www.mah.qov.on.ca/Paqe1485.aspx. Please provide your municipality's feedback on the questions contained in the pamphlet by August 31, 2010. Further information about the PPS Review is available online at www.ontario.ca /PPS. information regarding the review of the PPS is also posted on the Environmental Bill of Rights Environmental Registry at www.ebr.gov.on.ca. /2 DI If you have any questions, please contact Kyle Maclntyre, Manager (A), Provincial Planning Policy Branch at 416 -585 -6014. Sincerely, Ken Petersen Director (A) Provincial Planning Policy Branch -2- Joanne Groch West Elgin, Municipality of 22413 Hoskins Line Rodney, ON NOL 2C0 Friday, June 11, 2010 Dear: Joanne Groch Subject: Elgin County Economic Development 2009 Year In Review Please find enclosed your copy of Elgin County' Economic Development 2009 Year In Review. This publication provides a comprehensive overview of the partnerships, studies, events programs and awards that the Economic Development department undertook in 2009. Also included in this package is the Council report titled "2009 Year In Review /2010 Update." This report provides an in depth look into the action plan for the Economic Development department for 2010. If you are interested in more copies of the Year In Review or have any questions or comments please contact us at 519 631 -1460 x168. Bet regard Alan Smith General Manager Economic Development Da County of Elgin Economic Development 450 Sunset Drive St. Thomas, On N5R 5V1 Phone: 519 631 -1460 www.elgincounty.ca E lg 11 PnViCSSi f s_k102 FROM: REP TT COUNTY C Alan Smith, General Manager, Economic Development DATE: May 12 2010 SUBJECT: 2009 Year In Review /2010 Update INTRODUCTION: Elgin County Council endorsed an ambitious economic development work plan to be accomplished in 2009. The strategies and initiatives were developed to meet the goals as identified in the County of Elgin Economic Development Plan 2007-2011: Investment Readiness Pursue Partnerships and Outreach in the Community Effective Marketing and Promotion of Elgin County Growth of Key Industries UNNCIL The attached document Year In Review 2009 highlights some of the more prominent activities of the department which support the above goals and provides examples of key happenings throughout the County which have strengthened local communities, increased investment, and have truly defined Elgin County as Progressive By Nature. This report also provides an overview of the department's activities during the first few months of 2010. DISCUSSION: In 2009 the Economic Development department continued its approach to regional economic development through participation with specific organizations like SCOR and Ontario's South Coast, the undertaking of various marketing initiatives, and the development of local partnerships to facilitate and lead projects to meet the County's economic development vision. Last year, the County of Elgin along with the Counties of Brant, Middlesex, Norfolk and Oxford, which form the South Central Ontario Region, completed "The Path Forward, Strategic Management Plan This Plan focuses on several priorities, when implemented, will assist in the diversification of the region's economy, increase investment and employment in the SCOR area. In order to facilitate the implementation of the strategic priorities, SCOR also began the process of incorporation in 2009; and, in April 2010 SCOR successfully obtained this status. This year SCOR received funding from the Sand Plains Community Development Corporation to begin operations and working on some of the key priorities as identified in the Strategic Plan. Economic Development staff will be directly involved in supporting the overall work of SCOR as part of the advisory committee. This commitment will also involve staff working directly on two of the priorities that have received funding from the Sand Plans monies: "Maintaining the Competitive Edge" and "Supporting Entrepreneurship Elgin, with its South Coast partners, the Counties of Norfolk and Haidimand, completed a regional motorcycle marketing plan in 2009 which resulted in the creation of the new "Cruise the Coast" Motorcycle Touring Map which proved to be very popular at the 2010 International Motorcycle Show attended by staff from each partner county. Economic Development will continue the partnership developing regional initiatives such as culinary tourism, agri tourism, and adventure tourism in order to attract more visitors to Elgin County. The County's involvement with SCOR and Ontario's Southcoast demonstrate the importance of partnerships in moving forward a local economic development program. The County's Economic Development staff is always seeking new opportunities to enhance and diversify Elgin's economy. Last year, Economic Development partnered with the communities of Huron County, Oxford County, Centre Wellington, Chatham Kent, and the Town of Minto to form the Southwestern Ontario Creative Economy Alliance. The Alliance completed a report titled "Creative Potential: Straddling Two Mega Regions which investigated the data, trends and opportunities within the Creative Economy for southwestern Ontario, including the partner communities. Economic Development staff are now incorporating the findings of this study into the department's 2010 marketing program. Although regional development is important to the diversification and enhancement of Elgin's economy, supporting local enterprise also plays a prominent role in the economic development program. An Ambassador Program was completed in 2009 that uses local business leaders to help promote business throughout Elgin County, these volunteers actively participate in the growth and development of the County. Enhancements to the business directory, and web page including the on -line business licensing system, Bizpal, and the completion of the virtual tradeshow also assisted the department becoming a one stop source for information for conducting business in Elgin County. The Economic Development department also sponsored local Business Expos in the eastern and western portions of the County thus providing small business and community groups the opportunity to inform consumers about their products and services. The department also partnered with the Elgin Business Resource Centre to undertake a similar event that encompassed St. Thomas and the surrounding area. In 2010 the Economic Development department plans on continuing this support of local business events. The partnership between the Economic Development department and the Business Resource Centre remained strong in 2009 and resulted in a number of initiatives to help facilitate the development of new enterprise and enhancement of existing business. One of the recommended actions in the County of Elgin Economic Development Plan 2007 -2011 states that the County should "....promote business mentoring services /assistance to local entrepreneurs [and]... [E]xplore with the ECFDC the prospects of the formation of a Business Enterprise Centre.." With the assistance of the Business Resource Centre, and the County taking the lead role, with its partner the St. Thomas Economic Development Corporation, resulted in the Ministry of Economic Development and Trade providing financial support to establish the Elgin -St. Thomas Small Business Enterprise Centre in 2010. There are many benefits of having a local Small Business Enterprise Centre as it: o facilitates support through a local mentoring initiative o ensures that local existing businesses have all possible support to survive and thrive o ensures that potential entrepreneurs have all the information necessary to make the decision to start a business and all necessary support to facilitate start -up o fosters an increase of new business and expansion of existing businesses Since opening in 2010, the Elgin -St. Thomas Small Business Enterprise Centre has seen the creation of 10 new businesses with seven of them being located in Elgin County, and the expansion of one existing business. Establishing this Centre is a reflection of the County's Economic Development department's long -term commitment to supporting entrepreneurship and facilitating the development of new enterprise resulting in new jobs and increased tax assessment. In 2009 the County made significant strides in moving the tourism program forward by completing an award winning plan which provides strategic direction for the development of the local tourism industry and outlines new and creative marketing activities over the next five year period. As a result of obtaining CAF funding in late 2009, the department was able to get a head start on the development of some of the key 2010 tourism initiatives. The County obtained $75,000 to begin the development of the culinary trail now called Savour Elgin. Savour Elgin builds on the growing trend of culinary tourism. This program will have far reaching positive effects in Elgin County from tourism, to agriculture, and business development. Planning for an all new state -of- the -art web site also began at the end of 2009. The launch of the new www.elgintourist.com will be unveiled at a public event in May 2010. Tourism has become an integral component of the Economic Development program. In 2010, staff will continue to develop and implement programs to attract more visitors, increase their length of stay, and have them spend more money in Elgin County resulting in an increase in economic impact to the area and diversification of the local economy. With respect to visitor attraction to Elgin County, the International Plowing Match is expected to draw over 100,000 people to the area. Consequently, the County began planning of the County Exhibit in 2009. An IPM Coordinator was hired and County Exhibit Committee formed. 2009 saw the completion of sector profiles for agriculture and agri -food, and energy and environment. These documents contained specific recommendations on how to further develop these target sectors of the County's economic development program. These recommendations also formed a significant portion of the department's 2010 action plan which the County's new Economic Development Coordinator is in the process of implementing. Areas of focus include: greenhouse development, food processing, solar, and Bio Fuels. In order to retain existing business and to attract new investment, the County must strive to be "investment ready Today, the global economy is being redefined and reshaped. Consequently, Elgin County must be proactive in having a labour force and resources that meet the demands of this new economy. As part of the Elgin Workforce Development Committee, the Economic Development department along with local stakeholders produced a "Labour Force Development Strategy" to ensure that Elgin -St. Thomas has the workforce it needs to achieve its economic development goals. Furthermore, economic development staff continue to approach private land owners to gauge their interest in marketing their employment lands for investment purposes as it is imperative that Elgin has available lands and facilities to assist fostering the retention, expansion, and attraction of business. This year the Economic Development department has formed a marketing partnership with owners of the new Elgin Innovation Centre. The facility is the former Imperial Tobacco site. Staff will work with the owners of this facility to attract leading -edge companies to the Centre. It should be noted that the Economic Development department extensively marketed this property in 2009 which was sold in early 2010. The "land and space" section of www.progressivebynature.com will also be enhanced this year. Marketing and communications are key roles for the Economic Development department. Staff continue to implement the strategies contained in the 2008 -2011 Marketing Plan. This involves implementing specific marketing tactics for the target sectors of Agri business, Manufacturing, Tourism, Energy and Environment, and the Creative Economy (new for 2010). On -line marketing, promotional campaigns, newsletters, and tradeshow outreach are just some of the tactics that were utilized in 2009. This year there will be an expansion of tradeshow attendance by Economic Development staff. Although in 2009 the region experienced difficult times in a challenging global economic climate, there were positive developments throughout the County some of which are highlighted in the attached document. This includes expansion of manufacturing, business resource development, new alternative energy production, infrastructure improvements, and increased tourism product: In West Elgin, Dresden Industrial constructed an 80,000 square foot building including an increase of 275 jobs and International Erosion Control also expanded. The municipality experienced an increase in tourism product with the continued progress of the Arts and Cookery Bank initiative In the Aylmer and Malahide area, IGPC completed its first full year of profitable production. According to an economic impact analysis there is an annual increase in net economic spending in the local community of $53,762,200.00 coming from the plant's operations. This is over and above the net revenues, after costs, obtained by the plant for its ethanol and DDG production..." Enns Furniture Finishing and Enns Textiles opened in a newly contracted facility in the Aylmer Business Park The Township of Bayham experienced growth in building permit values Central Elgin's planning approvals in 2009 is anticipated to have substantial results in residential investment in 2010 Malahide is becoming an area that is being investigated for Bio- diesel and solar opportunities. The Township also made substantial investments in community infrastructure Sothwold made strides in becoming "investment ready" with improvements to infrastructure upgrades to the water supply system The rebuilding of 401 service stations in Dutton Dunwich began in 2009 which is expected to create approximately 200 jobs in 2010 Agri- tourism expanded in Dutton Dunwich with the establishment of a new lavender farm These developments, and others, have strengthened Elgin's communities, increased investment, and have truly defined Elgin County as Progressive By Nature. The department will continue to develop and implement programs and provide services that will assist in creating the appropriate environment that is conducive for development, investment, and job creation in which the above developments can flourish and new opportunities can take root. CONCLUSION: The Economic Development department plans on making the "Year In Review" document a regular communications and marketing tool that will be presented to County Council and will be made available to partners and local stakeholders. The 2009 version reviews prominent activities of the department, local industry, and the County's municipal partners Township of Bayham; Township of Malahide; Town of Aylmer; Municipality of Central Elgin; Township of Southwold; Municipality of Dutton Dunwich; and the Municipality of West Elgin A great deal of the success that the County and its partners strive for is dependant on working with and assisting the private sector. Therefore, the department is constantly working to improve services for Elgin County business. Whether the department is maintaining programs such as the Ambassador program, introducing new services and operations like the Elgin -St. Thomas Small Business Enterprise Centre or developing innovative ways to attract business or even enhancing the marketing efforts of local enterprise through programs like the Virtual Tradeshow, staff of the Economic Development department makes it a key goal to build partnerships to foster and facilitate development and investment. The County takes a proactive approach to economic development and staff is dedicated to attracting new business and investment to Elgin as well as enhancing the department's business retention and expansion efforts and promoting Elgin County to the world. RECOMMENDATION THAT this report be received and filed for information; and, THAT the May 12 report titled °2009 Year In Review /2010 Update" be circulated to all municipal partners as information. Respectfully Submitted Approved for Submission Alan Smith General Manager, Economic Development Mark G. McDonald Chief Administrative Officer Optimist Club f West Lorne Inc. P. O. BOX 61, WEST LORNE, ONTARIO NOL 2P0 LCBO 243 Furnivai Road, Rodney, Ontario NOL2CO. Th you, enneth G. Neil Event Co Chairman. IMINCIPAUTY Of 'NEST EL^,1H RE DEWED _SUN 1 i MO June 14 2010 On behalf of the Optimist Club of West Lome Inc., we plan to host a Dodge Rodeo Tour Weekend event on July 23 July 24 and July 25 2010 on the property of Ken and Joan Neil, specifically described as 24735 Downie Line, RR 4 4, West Lorne, Ontario, NOL2PO.The event will run from Friday July 23` 6 PM to 12 AM, Saturday July 24th 12 PM to 1 AM and Sunday 12 PM to 6 PM. The events include a dance on both Friday and Saturday nights with the Rodeo on Saturday and Sunday afternoons. There will be a Sunday morning buffet breakfast served. The Optimist Club will have a food booth open all three days of the weekend event. Profit from weekend activities will be donated to various youth activities such as West Lorne Scouting Family, Minor Hockey, West Elgin Volleyball Club Soccer Association Figure Skating Club Dutton/ Dunwich Softball Association, West Elgin Senior Elementary School, Junior Golf, Bicycle Rodeo Safety Program, Aldborough Public School, St. Marys School, HOBY Foundation and Optimist International Foundation of Canada. Several members of our club have their Smart Serve Certificates, namely Richard Duckworth, Bill Goncalves, Bill and Isabel Lewis, Ken and Nancy Murray, Branika Savic and Theo VanDyk. Nine other club members have taken their Smart Serve Certificate course in Dutton Ontario and are awaiting their results. Copy Elgin County OPP St. Thomas, Ontario. Allan Beer West Lome Fire Chief. Norma Bryant Municipality of West Elgin Clerk. Lorne McLeod- Municipality of West Elgin Building Inspector. Elgin/ St. Thomas Health Unit, St. Thomas, Ontario. FRIEND 4FY9 t1 GUNN e. Ass c•• CIATES oib Douglas George Gunn Professional Corporation BARRISTERS, SOLICITORS NOTARIES PUBLIC 108 CENTRE STREET ST. THOMAS, ONTARIO CANADA N5R 2Z7 June 7, 2010 MUNICIPALITY OF WEST ELGIN 22413 Hoskins Line Box 490 Rodney, Ontario NOL 2C0 ATTENTION: NORMA 1. BRYANT, CLERK TOWNSHIP OF SOUTHWOLD 35663 Fingal Line Fingal, Ontario NOL 'KO ATTENTION: DONNA ETHIER, CAO /CLERKIDEPUTY TREASURER MUNICIPALITY OF DUTTON /DUNWICH Box 329 199 Currie Road Dutton, Ontario NOL 1.10 ATTENTION KEN LOVELAND, CLERK TREASURER ADMINISTRATOR Telephone: 519 -631 -0700 Facsimile: 519- 631 -1468 E-Mail: lavwers(qunn.on.ca OUR FILE NUMBER: MUNICIPALITY OF WEST ELGIN FIECPPMC JtJ N 1 0 2010 Dq Re: OPP Police Services Board I know that your Council is aware of the fact that Ryan Cox has retired frorn the Ontario Provincial Police and the search for a full -time replacement is ongoing. The upper level personnel at the St. Thomas detachment of the Ontario Provincial Police has been further depleted as the result of the departure of Ian Chappell who held the position of Staff Sergeant. The Elgin Group Police Services Board has an important part to play in the selection of a new Detachment Commander at the local detachment and a "short list" of candidates has been prepared, although it has not yet been presented to our Board. It is anticipated that the interviewing process will take place over the course of the next week or so. DOUGLAS G. GUNN, LL.B., O.C. (Also a Member of the Alberta Bar) LISA N. GUNN, B.A. (HONS.], LL.B. DONALD M. FERGUSON, B.COMM. (HONS.), LL.B. SANDRA L. MONGER, B.A. (HONS.), LL.B. AMY C. DALE, B.A., LL.B. GUNN BARRISTERS, SOLICITORS NOTARIES PUBLIC The members of the Elgin Group Police Services Board who are involved in the interviewing process are members Marks, Wilson and McPhail. At this time, and for the information of your Municipality, I am enclosing a copy of a letter dated the 2 "d of June, 2010 to the Acting Chief Superintendent in this region, the content of which you will find self explanatory. To me, it is of the utmost importance that the individual selected as the Detachment Commander be the best that there is for this particular location and to the extent that I do have some input, that input will be given with that objective in mind. I shall report to you on the outcome of the interview process once that has been completed. At this time, I am also enclosing a copy of a News Release from Constable Troy Carlson regarding the apparent., proliferation of outdoor marihuana growing operations within the County of Elgin. If there is any specific /nput which you wish me to advance on behalf of your Municipality as far as the selection of a ew Detachment Commander is concerned, kindly let me know. Yours very truly 1?'augla G. G fDG! mg ASSOCIATES 2 Jun. 4. 2010 1:23PM County of Elgin No, 5483 P. 2/3 450 Sunset Drive St. Thomas, ON MR 5V1 Municipality of Sayham Municipality of Central Elgin Municipality of Dutton /Dunwich Municipality of West Elgin Township of Malahide Township of Soulhwold ELGIN GROUP POLICE SERVICES BOAR Chair Tom Marks June 2, 2010 Mr. John Cain, Acting Chief Superintendent, Ontario Provincial Police, Western Region, 6355 Westminster Drive London, Ontario N6P 1T2 if; Tel. 519 631 -1460 Ext. 161 Fax 519 633 -7661 Res. 519 631 -B213 Dear Acting Chief Superintendent: Subject: Elgin Detachment and the Elgin Group Police Service Board As you may appreciate, the Elgin Group PSB has been absorbing the many changes at the Elgin Detachment over the last few months. You have spoken to the Board directly on at least two occasions and the Board appreciates your candour. The Board does understand that a new Commanding Officer must be chosen in the not too distant future and takes its role in the selection of this leadership position very seriously. You may also appreciate that the Board serves at the pleasure of the various municipalities it represents; the ones who pay the bills for policing services. indeed, the members have a duty and an obligation to communicate to the municipalities in a transparent and informative way. To that end, the Board requires answers to the following questions in advance of holding interviews for the new commander: 1) Can you provide the Board with a written statement that can be shared publicly on the need for and outcome of the recent operational review? Rumours are circulating in the community and the Board needs to answer them with factual information, keeping in mind the sensitive and confidential nature of the topic. 2) In addition to a written statement above, would you be willing to attend each Council to explain the operational review directly to the elected officials? ,..2 Jun, 4. 2010 1:23PM County of Elgin No. 5483 F. i/i Mr. John Cain, Acting Chief Superintendent 3) Can you provide the Board with a written assurance that this embarrassing situation, whereby the leadership at the detachment seemed exemplary and stellar to the Board, yet required a major personnel change and a less than flattering operational review will not happen again? What procedures /communication protocols do you suggest are required to avoid this disconnect between the Board's assessment of the command and your region's evaluation of the leadership? 4) Will you cooperate with the Board by postponing the interviews for the commander position until such time as you are able to provide answers to the questions above and allow the Board time to communicate the situation to its member municipalities? Of paramount importance to the Board is the determination of the correct personality traits and characteristics of the new commander. As you stated yourself, Inspector opportunities are position s e ecific" and El gin is to solicit different. Therefore, the Board would appreciate opportunity feedback from its municipal members on the "specific' characteristics they feel are important in a commanding officer prior to participating in the selection process_ Mr. Cain, as you can appreciate, the Board wants to ensure that the right person is chosen for this important position. We trust you recognize that, given the particular circumstances surrounding the Elgin Detachment, the Board must be prudent, transparent and confident that whatever choice is made, it is the right one for Elgin. We look forward to your response. Yours truly, Torn Marks, Chair cc Members of the Elgin Group Police Services Board 2 June 2, 20'10 Ontario Provincial Police Police provinciale de l'Ontario FROM /DE: ELGIN! COUNTY OPP OUTDOOR MARIHUANA GROWS Public Can Assist Police (Elgin County) Close proximity to larger population centres and an abundance of isolated rural areas has led to a large number of marihuana growing operations in Elgin County. These marihuana growing operations have been indoor, outdoor or sometimes a combination of both. Grey County OPP wants to remind the public, especially those who frequent outdoor areas such as farmers, hikers and outdoorsman that they can support the police by reporting possible marihuana grows and suspicious persons or vehicles. Due to the large area involved police rely on information compiled from the public to help narrow the search for marihuana grows throughout the county as the growing season progresses. Police are not asking for members of the public to intervene in any way since the areas where the marihuana is grown could be booby trapped and those involved might have a violent reaction to being discovered. The intent is to heighten awareness and ask that suspected sites be reported to police for follow -up. Some tell tale signs are: Suspicious vehicles, persons and activity noticed in isolated rural areas Litter or food where it shouldn't be Trailers or tents in an area where there is no recreational activity going on a Bags of fertilizers a Evidence that brush or trees have been cut, but not for firewood Tools for cultivation left out Signs of irrigation (such as tubing or plastic piping) If you suspect a possible growing operation it would be helpful if you can get a GPS fix or at least a good description of the location so it can be located after the fact. Where suspicious vehicles or persons are observed note descriptions and plate numbers where possible and call it in. Like any crop, adequate water is important, so outdoor grows will often be situated in the vicinity of a creeks, rivers, ponds or other outdoor water sources. Anyone spotting a suspect marihuana grow should contact Elgin County OPP- 519 -631 -2920, your local police service or Crime Stoppers 1 -800- 222 -8477. 30 Contact: Constable Troy Carlson Elgin County OPP Media Relations /Community Services Phone: 519- 631 -2920 Ext. 5450 Pager: 1 -888- 808 -7195 ws ele se/ Commtmique DATE: 03 Jun 10