November 24, 2011MUNICIPALITY OF WEST ELGIN
AGENDA
COUNCIL MEETING
NOVEMBER 24, 2011
Council Chambers, West Elgin Municipal Building
DISCLOSURE OF PECUNIARY INTEREST
APPROVAL OF AGENDA
DELEGATIONS:
9:30 a.m.
1:30 p.m.
Committee of Adjustment — Part of Lot 7, Concession 7 (Ossel)
Public Meeting — Zoning Amendment — Lot 8, Concession 11 (A1)
(571419 Ontario Limited)
Court of Revision — Newtens Drain
PLANNING: (B1- B6)
(See also D1, D2)
1.* Report re: Application for Minor Variance ( Ossel)
2.* Report re: Zoning Amendment -- Lot 18, Concession 13 (571419 Ontario Limited)
3.* Report re: Zoning Amendment — Slaats
4.* Report re: Zoning Amendment — Seaside Commercial Block
5. Report re: Streetscape Plans
REPORTS: (C1 -C7)
1. ROADS
2. RECREATION
3. BUILDING
4. WATER
Nov. 24111 Page 2
5. DRAINS
a) Quotes for Axford Drain maintenance
6. WEST ELGIN PRIMARY SYSTEM
7. ADMINISTRATION
a) *WESA - Draft Waste Recycling Strategy Report
CORRESPONDENCE: (D1 -D5)
1.* Ministry of Natural Resources — Zoning By -Iaw Amendment (Seaside Waterfronts)
2.* Ministry of Environment — Zoning By -Iaw Amendment (Seaside Waterfronts)
3.* Elgin County Land Division Committee — Application for Consent (Roodzant Farms)
4.* Elgin County Land Division Committee — Application for Consent (Parezanovic Farms)
5.* Elgin County — Agreement for Municipal Investigator
BY -LAWS
By -Iaw No. 2011 -72
By-law No. 2011 -73
By -Iaw No. 2011 -74
Rezoning — Lot 8, Concession 11 (571419 Ontario Limited)
Reappoint JGM Consulting as Meeting Investigator
Rezoning — 166 Queen Street, 167 & 170 Harper Street (Slaats)
OTHER BUSINESS: (E1 -E2)
1. Heritage House
2. Closed session — property disposition
*Information enclosed
CONFIRMING BY -LAW
ADJOURNMENT
NEXT MEETINGS
December 15, 2011
Council
MUNICIPALITY OF WEST ELGIN
NOTICE OF PUBLIC MEETING
ZONING BY -LAW AMENDMENT
571419 Ontario Limited (John Miller)
22744 Silver Clay Line
DATE & TIME: 9:30 a.m. Thursday, November 24th, 2011.
LOCATION: West Elgin Municipal Building - 22413 Hoskins Line north of the Village of Rodney.
PURPOSE: To consider a proposed amendment to the Zoning By -law for the purposes of disposing a
surplus farm dwelling and prohibiting a dwelling on the lands remaining.
The proposed amendment would change the zoning of lands lying on the north side of Silver Clay Line east of
Furnival Road (County Road No. 103), comprising part of Lot 8, Concession XI, from the Agricultural (A1) Zone
to a 'site- specific' Agricultural (A1-#) Zone and to the Special Agricultural (A2) Zone. The amendment would
fulfill a condition imposed by the County of Elgin Land Division Committee in granting a corresponding Application
for Consent E77111 to create a lot to dispose a surplus farm dwelling.
The lands proposed to be rezoned Special Agricultural (A2) comprise an area of 5,261 square metres (1.3
acres), a frontage of 102 metres (335 ft) and a variable depth. The parcel is occupied by a single unit dwelling
(circa 1940's) and a detached garage. No change in use is proposed. The parcel satisfies the minimum lot area,
maximum lot area and minimum lot frontage requirements (4,000 sq m, 1.0 ha and 50 m respectively) of the A2
zone. Permitted uses include a single unit dwelling, bed and breakfast establishment, home occupation and an
agricultural use as an accessory use.
The lands proposed to be rezoned 'site- specific' Agricultural (A1-#) comprise an area of 18.3 hectares (45.2
acres) and a frontage of approximately 212 metres (696 ft). The parcel is without buildings or structures and has
been cleared extensively for agricultural purposes with the exception of pockets of woodlots in the northern
portion of the parcel. No change in use is proposed. The 'site- specific' (Le. A1-#) zoning would permit the creation
of a lot having less than the minimum lot area requirement (19 ha) of the Al zone and prohibit a dwelling being
erected on the lands as stipulated by the Provincial Policy Statement and the West Elgin Official Plan.
The subject lands are designated `Agricultural' and the aforementioned woodlots designated as 'Woodlands' in
the West Elgin Official Plan. The proposed amendment is considered to be in conformity with the Plan.
ANY PERSON may attend the public meeting and /or make a written or verbal representation either in support of, or in
opposition to, the proposed amendment. IFA PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of
the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at
a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the
proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL
INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or
from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). THE information and material required under
Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under
Section 34 (10.4) of the Act.
DATED AT RODNEY this 2 "d day of November, 2011.
Norma Bryant
Clerk
Municipality of West Elgin
22413 Hoskins Line
P.Q. Box 490
Rodney, Ontario
NOL 2C0
Telephone: (519) 785 -0560
Fax: (519) 785 -0644
Email: nbryant @westelgin.net
APPLICATION FORA ZONING BY -LAW AMENDMENT: P4/2011
571419 Ontario Ltd (John Miller, Applicant)
22744 Silver Clay Line
Part of Lot 8, Concession XI (Aldborough)
Municipality of West Elgin
Municipality of WEST ELGIN
Municipality of CHATHAM -KENT
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LANDS PROPOSED TO BE RE -ZONED 1:10,000
SPECIAL AGRICULTURAL (A2)
LANDS PROPOSED TO BE RE -ZONED
SITE SPECIFIC' AGRICULTURAL (A1-#)
WOODLANDS {Municipality of West Elgin Official Plan}
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13 14 15 16 17 18
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21 November 2011
MEMORANDUM
TO: Members
Committee of Adjustment
Municipality of West Elgin
FROM: Ted L. Halwa
BI
#000812084
SUBJ: Application for a Minor Variance: Anne Ossel (Frank Machan, Agent), A- 312011
Further to the consideration of the above- mentioned variance by the Committee of Adjustment on 27
October 2011, the matter was referred back to clarify possible conditions the Committee might impose in
ultimately granting the minor variance requested. We provide the following:
1. That the said golf carts, garden tractors and related parts and accessories be confined to
the existing fenced storage compound and/or within the existing implement shed except as
may be required during working hours to the lands lying between the said compound and
implement shed;
2. That no display of the said golf carts, garden tractors or related parts and accessories occur
on the lands known municipally as 12678 Furnival Road or within the abutting road
allowance;
3. That the said garden tractors be restricted to a maximum 35 horsepower.
REASONS
i) The variance is considered to be consistent with the Provincial Policy Statement;
ii) The intent of the West Elgin Official Plan is maintained;
Anne Ossel (Frank Machan, agent), A- 3/2011
Municipality of West Elgin
November2l, 2011
page 2
#0008/2084
iii) The intent of the Township of Aldborough Zoning By-law is maintained;
iv) The variance is considered "minor" given the circumstances;
v) The variance is desirable for the appropriate use and development of the lands.
(original signed by)
Ted L. Halwa, MCIP, RPP
Community
ily
i:la iners ne
15 November 2011
MEMORANDUM
#000812038
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
SUBJ: Public Meeting - November 24th, 2011 - Amendment to the Zoning By -law — 571419
Ontario Limited (John Miller) — 22744 Silver Clay Line
The above - referenced public meeting scheduled for November 24th, 20111 is to consider a proposed
amendment to the Township of Aldborough Zoning By -law in partial fulfillment of conditions applied in the
granting of Application for Consent #E77/11 by the County of Elgin Land Division Committee (LDC) for
the purposes of creating a lot to dispose a surplus farm dwelling. The subject lands are situated on the
north side of Silver Clay Line east of Furnival Road. Council had previously considered and endorsed the
severance at the pre - application stage in January of 2011.
After being initially granted by the LDC, it was discovered that the dimensions of the proposed lot were
incorrect. The owner re- submitted his application to the Land Division Committee which rendered a new
decision which had the effect of increasing the size of the parcel being created from 4,452 square metres
(1.1 acres) to 5,261 square metres (1.3.acres). The increase in size is modest and does not materially
change the original proposal considered by Council.
The proposed re- zoning is from Agricultural (Al) to Special Agricultural (A2) and to 'site- specific'
Agricultural (A1 -79). The lands proposed to be rezoned to Special Agricultural (A2) comprise the lot on
which is situated the surplus farm dwelling. The parcel satisfies the minimum lot area, maximum lot area
and minimum lot frontage requirements (4,000 sq m, 1.0 ha and 50 m respectively) of the A2 zone. The
lands proposed to be rezoned `site - specific' Agricultural (A1 -79) comprises the balance of the farm. The
parcel satisfies the minimum lot frontage requirement but has less than the minimum lot area requirement
of the Al zone. The 'site- specific' zoning permits the creation of a lot having less than the minimum lot
571419 Ontario Ltd (John Miller) - Proposed Zoning By- -law Amendment
Municipality of West Elgin
15 November 2011
page 2
#000812038
area requirement (19 ha) and prohibits a dwelling being erected on the lands as stipulated by the
Provincial Policy Statement (PPS) and the Municipality of West Elgin Official Plan.
The lands are designated 'Agricultural' in the Municipality of West Elgin Official Plan. The draft By -law is
considered to be consistent with the PPS and in conformity with the Official Plan. Once a reference plan
has been deposited, the appropriate legal description can be inserted into the By -law.
(original signed by)
Ted L. Haiwa, MCIP, RPP
CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
BY -LAW NO.
BEING A BY -LAW TO AMEND THE
TOWNSHIP OF ALDBOROUGH ZONING BY -LAW
NO. 90 -50, AS AMENDED
571419 Ontario Limited (John Miller)
22744 Silver Clay Line
WHEREAS the County of Elgin Land Division Committee has granted permission to the creation of a lot
(Application for Consent #E77111) to dispose of a surplus farm dwelling consistent with the Provincial Policy
Statement and in conformity with the West Elgin Official Plan;
WHEREAS the County of Elgin Land Division Committee in granting its permission has imposed conditions
pertaining to the zoning of the lot being created and the lands being retained including a restriction that no further
residential development be permitted on the retained lands;
WHEREAS certain provisions of the Zoning By -law are not capable of being complied with;
NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows:
1. THAT Section 5.3 to By -law No. 90 -50, as amended, of the former Township of Aldborough being the
Exceptions of the Agricultural (Al) Zone, is hereby amended by the addition of the following:
"5.3.79 a) DEFINED AREA
A1-79 as shown on Schedule "A ", Map No. 56 to this By -law.
b) PERMITTED USES
accessory use
agricultural use
dog kennel
forestry use
hunting preserve
landing strip as an accessory use
riding school
wayside pit
wildlife sanctuary
c) MINIMUM LOT AREA 18 ha"
2. THAT Schedule "A ", Map No. 56 to By -law No. 90 -50, as amended, is hereby amended by changing from
the Agricultural (A1) Zone to the `site - specific' Agricultural (A1 -79) Zone those lands outlined in heavy
solid lines and described as A1-79 on Schedule "A" attached hereto and forming part of this By -law, being
part of Lot 8, Concession XI, formerly in the Township of Aldborough, now in the Municipality of West
Elgin, in the County of Elgin.
3. THAT Schedule "A ", Map No. 56 to By -law No. 90 -50, as amended, is hereby amended by changing from
the Agricultural (A1) Zone to the Special Agricultural (A2) Zone those lands outlined in heavy solid
lines and described as A2 on Schedule "A" attached hereto and forming part of this By -law, being more
particularly described as being Part 1, Plan 11 R -9400, being part of Lot 8, Concession XI, formerly in the
Township of Aldborough, now in the Municipality of West Elgin, in the County of Elgin.
4. THIS By -law comes into force upon the day it is passed in the event an appeal has not been filed with the
Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended. In the event an appeal is
filed with the Clerk within the time prescribed by the Planning Act. R.S.O. 1990, as amended, the By -law
shall be deemed not to have come into force until the appeal has been finally disposed of, whereupon the
By -law (except for such parts as are repealed or amended as so directed by the Ontario Municipal Board)
shall be deemed to have come into force on the day it was passed.
READ a FIRST and SECOND time this day of , 2011.
READ a THIRD time and FINALLY PASSED this day of , 2011.
MAYOR CLERK
I
CONCESSION X
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THOMSON LINE
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CONCESSION XII
i
This is Schedule "A" to 8y -law No.
Municipality of WEST ELGIN
Passed this day of , 2011.
SCHEDULE 'A'
Mayor
1:5,000
Metres
6
Clerk
0 25 50 100 150 200 250
B3
Com n l fnity
Pianfno s Inc
21 November, 2011
MEMORANDUM
#000811685
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Haiwa
RE: Application for an Amendment to the Zoning By -law — 509692 Ontario Limited (John &
Diane Slaats) —167 & 170 Harper Street, and 166 Queen Street — Village of Rodney
Enclosed herewith is a proposed amendment to the Village of Rodney Zoning By -law with respect to the
abovementioned lands. The change in zoning from Central Commercial (C1) to 'site- specific' Residential
First Density — Holding (R1 -5 -H) and 'site- specific' Residential Second Density — Holding (R2 -45 -H)
would, if adopted, permit the use of the lands and the creation of individual parcels for residential
purposes; namely, four single unit detached dwellings on the north side of Harper Street and one semi-
detached dwelling (i.e. 2 dwelling units) on the south side of Harper Street.
The owner had earlier proposed the erection of five semi - detached dwellings on the lands and a public
meeting to consider that application was held on January 28, 2010. It was subsequently determined by
the owner that the market for semi - detached or multi -unit dwellings for that matter was not favourable
leading to a decision by the owner to amend its original application for a rezoning to permit single unit
dwellings. At the meeting of Council on 28 April 2011, Council accepted the revised proposal 'in principle'
subject to the submission of a revised application and the holding of another public meeting. At the most
recent public meeting held to consider the proposal (23 June 2011), we suggested to the owner that he
may wish to consider erecting a two unit dwelling at 170 Harper Street given the size of the parcel instead
of a single unit detached dwelling as earlier proposed.
,• ,v II Li n 'I Y'
,aI It iS Ii IC
509692 Ontario Limited (John & Diane Slaats)— Zoning By -taw Amendment
Municipality of West Elgin
November 21, 2011
page 2
#0008/1685
The owner has since provided a draft survey of the subject lands. The proposed 'site- specific' zoning (R1-
5-H) would permit development of the four lots lying north of Harper Street based on the following
reduced standards:
Minimum Lot Depth
Front Yard Depth*
Side Yard Width **
Rear Yard Depth
Minimum Setback from centerline of a
municipal tile drain
Proposed Required
30 m (98.4 ft)
4.5 m (14.8 ft)
3.0 m (9.8 ft)
6.0 m (19.7 ft)
3.0 m (9.8 ft)
38 m (125 ft)
7.5 m (24.6 ft)
7.5 m (24.6 ft)
7,5 m (24.6 ft)
4.5 m (14.8 ft)
*applies to the dwelling. A minimum setback of 6.0 m would apply to an attached garage
* *applies to setback from the west alley
The proposed 'site- specific' zoning (R2 -4 -H) would permit development of the lot for a semi - detached
dwelling on the parcel lying south of Harper Street based on the following reduced standards:
Minimum Lot Depth
Front Yard Depth*
Proposed Required
30 m (98.4 ft)
4.5 m (14.8 ft)
38 m (125 ft)
7.5 m (24.6 ft)
*applies to the dwelling. A minimum setback of 6.0 m would apply to an attached garage
The holding (H) symbol would apply until such time as the owner enters into a development agreement
with the Municipality pertaining to the provision of services and utilities, site grading and drainage and
similar matters including the posting of financial security.
(original signed by)
Ted L. Halwa, MCIP, RPP
CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
BY -LAW NO.
BEING A BY -LAW TO AMEND THE
VILLAGE OF RODNEY ZONING BY -LAW
NO. 89 -10, AS AMENDED
509692 Ontario Ltd. (John & Diane Slaats)
166 Queen Street, 167 & 170 Harper Street - Rodney
WHEREAS the County of Elgin Land Division Committee has granted permission to the creation of four building
lots (Applications for Consent E74/11 & E75/11) for the purposes of erecting a single detached dwelling on each
lot in conformity with the West Elgin Official Plan;
WHEREAS the Corporation of the Municipality of West Elgin has given due consideration to an application for an
amendment to the Village of Rodney Zoning By -law to permit the use of abovementioned lands for residential
purposes, in addition to the use of an existing lot situated on the south side of Harper Street for the purposes of
erecting a semi - detached dwelling;
WHEREAS the use being proposed is considered to be in conformity with the West Elgin Official Plan and
consistent with the Provincial Policy Statement;
WHEREAS a public meeting has been held to consider the proposed amendment in accordance with the
provisions of the Planning Act
WHEREAS the Council of the Corporation of the Municipality of West Elgin deems it advisable to amend By -law
No. 89 -10, as amended, being the Village of Rodney Zoning By -law to zone the said lands for the purposes
intended;
NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows:
1. THAT Section 5.3 to By -law No. 89 -10, as amended, being the Exceptions of the Residential First Density
(R1) Zone, is hereby amended by the addition of the following:
"5.3.5 a) DEFINED AREA
R1 -5 -H as shown on Schedule "A ", Map No. 3 to this By -law.
b} MINIMUM LOT DEPTH
c) FRONT YARD DEPTH
d) SIDE YARD WIDTH
e)
f)
30 m
4.5 m for a dwelling and 6.0 m for an
attached garage
single unit detached dwelling 3.0 m
on a corner lot
REAR YARD DEPTH
MINIMUM SETBACK
between a building and structure and
the centerline of a municipal tile drain
6.0 m
3.0 m"
2. THAT Section 6.3 to By -law No. 89 -10, as amended, being the Exceptions of the Residential Second
Density (R2) Zone, is hereby amended by the addition of the following:
"6.3.4 a} DEFINED AREA
R2-4 -H as shown on Schedule "A ", Map No. 3 to this By -law.
b) FRONT LOT LINE
For the purposes of the Defined Area, the front lot line shall be deemed to be the
lot line abutting Jane Street.
c) MINIMUM LOT DEPTH 30 m
d) FRONT YARD DEPTH 4.5 m for a dwelling and 6.0 m for an
attached garage"
3. THAT Schedule "A", Map No. 3 to By -law No. 89 -10, as amended, is hereby amended by changing from
the Central Commenrcial (C1) Zone to the 'site- specific' Residential First Density — Holding (R1 -5 -H)
Zone those lands outlined in heavy solid lines and described as R1 -5 -1-1 on Schedule "A" attached hereto
and forming part of this By -law, being Lot 5 through Lot 8, inclusive, Block 'A', Plan 67 formerly in the
Village of Rodney, now in the Municipality of West Elgin, in the County of Elgin.
4. THAT Schedule "A ', Map No. 3 to By -law No. 89 -10, as amended, is hereby amended by changing from
the Central Commenrcial (C1) Zone to the 'site- specific' Residential Second Density — Holding (R2-4-
H) Zone those lands outlined in heavy solid lines and described as R2-4 -H on Schedule "A" attached
hereto and forming part of this By -law, being Lot 17 and part of Lot 18, Block 'B', Plan 67, formerly in the
Village of Rodney, now in the Municipality of West Elgin, in the County of Elgin.
5. THIS By -law comes into force upon the day it is passed in the event an appeal has not been filed with the
Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended. In the event an appeal is
filed with the Clerk within the time prescribed by the Planning Act, R.S.O. 1990 as amended, the By -law
shall be deemed not to have come into force until the appeal has been finally disposed of, whereupon the
By -law (except for such parts as are repealed or amended as so directed by the Ontario Municipal Board)
shall be deemed to have come into force on the day it was passed.
READ a FIRST and SECOND time this day of , 2011.
READ a THIRD time and FINALLY PASSED this day of , 2011.
MAYOR CLERK
ALBERT STREET
QUEEN STREET
HARPER STREET
— Ri -5 -H —
R2 -4 -H
JANE STREET
This is Schedule "A" to By -lew No.
Passed this day of , 2011.
Mayor
Clerk
WEST ALLEY
FURNIVAL ROAD
0
ti
Municipality of WEST ELGIN
SCHEDULE 'A'
1:1,000
Metres
0 5 10 20 30 40 50
Coi1i munl y
Rangers Inc
21 November 2011
MEMORANDUM
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
#0008/1861
SUBJ: Application for an Amendment to the Zoning By -law: Seaside Waterfronts Inc.
(Kirkness Consulting Inc,, agent) - part of Lot 6, Concession XIV — east side of
Haven's Lake Road north of the Port Glasgow Marina and Yacht Club
Preparation of our report on the above referenced application is in process, however, as a result of a
number of unresolved issues, we are unable to complete the report and offer a definitive recommendation
to Council for its meeting of November 24th, 2011.
In addition to a number of public submissions received both before and after the public meeting and
submissions made at the public meeting, we are in receipt of technical comments from the Ministry of
Municipal Affairs and Housing, the Ministry of Natural Resources, the Ministry of Environment and the
Lower Thames Valley Conservation Authority. Seaside has been addressing some of the more
fundamental issues that have been raised and has been providing us with additional information. We are
also seeking clarification from the PGYC as to the status of the extensive submission made on its behalf
by Ms. Tamara Tannis of IBI Group against the development.
The outstanding issues that remain a subject of on -going review and further clarification from Seaside
and others are:
1) servicing — water supply and sanitary waste disposal
ii) stormwater management
iii) natural heritage — habitat of endangered species i.e. Eastern Foxsnake
iv) winter maintenance -- Havens Lake Road
v) surplus lands
vi) consistency with the Provincial Policy Statement
vii) conformity with the Official Plan
'!;:: €! `i ,:
Application for Zoning By -law Amendment— Seaside Waterfronts Inc.
Havens Lake Road Port Glasgow
Municipality of West Elgin
21 November 2011
page 2
#000811861
It is our intention to continue to move forward on addressing these issues such that our report is
complete, minimizes uncertainty with respect to the issues raised and is submitted to Council sufficiently
in advance (as requested) of the next scheduled planning meeting of Council being January 26th, 2012.
White Seaside will be in a position under the Planning Act to refer its application to the Ontario Municipal
Board as of the end of December 2011, it is unlikely to do given the issues which have been raised, the
fact that its application is under active consideration and the time before a hearing could actually be
scheduled by the Board.
(original signed by)
Ted L. Halwa, MCIP, RPP
A WASTE RECYCLING PLAN
FOR
MUNICIPALITY OF WEST ELGIN
Prepared for:
Municipality of West Elgin.
THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
22413 Hoskins Line, Box 490
Rodney, ON NOL 2C0
Prepared with assistance from
WESA
113etter Environment For Business
WESA Inc.
171 Victoria Street North
Kitchener, ON N2H 5C5
Project No. W- 69227 -00
November 2011
Ref W89227 West Elgin WRS reef Nov 2011. dacx
A Waste Recycling Plan
Municipality of West Elgin
TABLE OF CONTENTS
1. INTRODUCTION 1
2. OVERVIEW OF THE PLANNING PROCESS 2
3. STUDY AREA 2
4. STATED PROBLEM 4
5. GOALS AND OBJECTIVES 5
6. CURRENT SOLID WASTE TRENDS, PRACTICES AND SYSTEM AND FUTURE NEEDS 5
7. IMPROVEMENT OPTIONS 11
8. FUNDING 23
9. SELECTED INITIATIVES 25
10. IMPLEMENTATION PLAN 26
11. CONTINGENCIES 29
12. MONITORING AND REPORTING 29
13. CONCLUSION 31
14. APPENDIX A: WASTE RECYCLING OPTION SCORES 32
WESP
Page i
A Waste Recycling Plan
Municipality of West Elgin
1. INTRODUCTION
This Waste Recycling Strategy (WRS) was initiated by the Municipality of West Elgin, to develop
a plan to increase the efficiency and effectiveness of its recycling programs and maximize the
amount of blue box material diverted from disposal. Specifically, the purpose of this recycling
plan is to strive towards being a 'green' community by diverting more recyclables from landfill
and reducing the need for disposal capacity. These efforts could extend landfill life, improve our
carbon footprint and reduce our negative impact on the environment.
The Municipality of West Elgin is responsible for managing its residential solid waste. Currently,
all residents are offered curbside pickup or drop -off services at the Landfill, for both solid and
recyclable wastes.
Waste Diversion Ontario requires municipalities to have a Waste Recycling Strategy in place
through the Continuous Improvement Fund. The Municipality faces a number of waste
management challenges, which this Waste Recycling Strategy will help address:
Landfill capacity: With every bag of solid waste deposited into the landfill capacity is
reduced especially when that bag contains recyclables. Landfill capacity in West Elgin is
expected to be reached by December 2031 (WESA, 2010). The siting of new landfills or
expansion is increasingly met with opposition and can be complicated by urbanization,
rendering the practice unviable.
- Cost Efficiencies: There may be cost efficiencies experienced with a review of current
waste practices and future waste goals. Well designed programs can save money over
time. The net annual recycling costs for West Elgin are above average (slightly more than
double) relative to comparable municipalities.
- Diversion: The average blue box diversion rate for the Municipality of West Elgin is 14 %.
That is, 14% of the total solid waste generated is diverted to the blue box program,
rather than being disposed of as 'garbage'. The provincial average for a similar
municipality is 21.4 %.
With the increasing pressures of climate change, the depletion of natural resources and
population growth, it is the responsibility of the Municipality and its residents to adopt more
sustainable methods of waste management for the long -term.
This Waste Recycling Strategy was developed with support from WESA Inc., using the Continuous
Investment Fund's Guidebook for Creating a Municipal Waste Recycling Strategy.
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2. OVERVIEW OF THE PLANNING PROCESS
This Waste Recycling Strategy was prepared through the efforts of the Municipality of West Elgin
council, administrative staff, public consultation with residents of the municipality, and WESA Inc.
(consulting firm).
The development of this Waste Recycling Strategy involved the following key tasks:
• Compilation of relevant data from the municipality and WDO website, concerning
municipal characteristics, current data
• Consultation with municipal contacts to review key objectives and components of the
WRS
• Consultation with Council to discuss goals, options
• Preparation of draft report
• Review of draft report by Municipality staff
• Consultation with public on selected initiatives, WRS basics
• Preparation and distribution of finalized WRS.
The next steps in this process include efforts towards the assigned tasks for each Initiative.
To ensure the public and local stakeholders were able to participate in the preparation of this
Waste Recycling Strategy, a public open house was held, where the basics of this report were
presented. For more details on our public consultation process, see Section 4.
3. STUDY AREA
The study area for this Waste Recycling Plan is the Municipality of West Elgin, which includes the
Former Village of Rodney and the Former Village of West Lorne. The population served by the
landfill is approximately 5,223, which is estimated to increase to approximately 6,000 during the
summer months.
This Waste Recycling Plan will address the following sectors:
• Residential
• Small business
• Institutional (schools, library, etc.)
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The Municipality of West Elgin currently owns and uses the West Elgin Landfill site under the
Ministry of the Environment (MOE) Amended Provisional Certificate of Approval (C of A) for
Waste Disposal Site No. A051101 dated December 21st, 2005 (MOE, 2005). The site is licensed
for disposal of domestic and commercial waste.
The landfill site is privately operated and maintained by a company under contract from the
Municipality. The site is located on Lot B, Concession 7 former Township of Aidborough, West
Elgin Municipality, County of Elgin (Figure 1).
The landfill services the entire Municipality of West Elgin. Although some parts of the
municipality are serviced under a waste contract, where waste is disposed of outside of the
municipality, all of the residents may drive their waste to the landfill if desired. The disposal
arrangements are further described in section 6 of this report.
The West Elgin Landfill site has been in operation since 1971. A Provisional Certificate of
Approval (A051101) was first issued in 1971 and reissued in 1972, 1973, 1974, and 1976. On July
16th, 1980 the MOE reissued a Provisional Certificate of Approval (C of A) to the Village of
Rodney. The MOE issued an amendment to the C of A on December 21st, 2005.
Landfill operating hours are from Sam to 5pm on Wednesday and Friday, and 9am to 4 pm on
Saturday. From December to March the operating hours change to 10am to 5pm on Wednesday
and Friday, and 9am to 4 pm on Saturday.
Waste disposal records are kept at the local municipal offices. The Municipality of West Elgin
maintains a record of daily site operations, a record of complaints, a record of site inspections,
and a record of unacceptable waste as per Conditions 25 through 28 of the C of A, at the local
municipal offices.
Public Consultation Process
The public consultation process followed in the development of this Waste Recycling Strategy
consisted of an Open House, held on September 21, 2011. The Open House was decided by
Council as the most informative and effective way to update the public on the planning activities
and to obtain public feedback. Topics for the Open House included:
• Introducing the project to the public
• Municipality of West Elgin's current waste management situation (e.g., stated problem,
current generation rates, etc)
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• Objectives for the WRS
• Possible options to reach those objectives
Stakeholder groups included in this consultation included the public, local businesses, and
municipal staff.
The response from the public and stakeholders included:
• A willingness to sort additional recyclable materials in order to divert them from landfill
• Additional flexibility in landfill operating hours
• Communicate other options for sources of diversion to homeowners, (ie agencies that
take used furniture and clothing)
4. STATED PROBLEM
Management of municipal solid waste, including the diversion of blue box materials, is a key
responsibility for all municipal governments in Ontario. The factors that encourage or hinder
municipal blue box recycling endeavors can vary greatly and depends on a municipality's size,
geographic location and population.
The key drivers that led to the development of this Waste Recycling Strategy include:
• WDO requirements, as WDO requires all municipalities have a WRS in place,
• Shrinking disposal capacity, since a successful WRS can help to extend the lifetime of
the landfill,
• Contracts, as the large BFI contract to remove waste from some parts of the
municipality will expire in March 2012. Many small contractors are also involved in
the waste handling aspects.
• Costs, as contracts to collect and dispose of wastes and recyclables are numerous and
vary greatly in scope and cost, and will require increased funding in the future, and
• Public image, as a successful WRS can enhance the Municipality's `green' image.
Restrictions may include the following:
• Availability of local markets for many of the recyclable materials, due to costs and
geographical restrictions,
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• The challenge of participation of rural residents, whose responsibility of transporting
their own solid and recyclable wastes to the landfill, or paying a contractor to do so,
can discourage involvement,
• Inertia — the tendency for people to avoid change — at the resident, administrative or
policy- setting level, and
• Additional costs associated with construction, transportation, hiring of additional staff
and promotional material.
5. GOALS AND OBJECTIVES
This Waste Recycling Strategy has identified a number of goals and objectives for the
Municipality of West Elgin. These are presented below.
Waste Recycling Goals
Goals
and Objectives
Objectives
To extend the life of the West Elgin Landfill
Add 5 years to the lifespan of the landfill by
increasing blue box diversion.
To improve the capture rate of blue box
recyclables
Capture 20% of municipal solid waste through
the blue box program (an increase of 6% from
14 %)
To improve cost- effectiveness of recycling in
West Elgin
Reduce recycling costs per tonne by 20%
To increase participation in the recycling
program
Increase participation in the recycling program
by 20%
These were developed in consultation with Council. Goals were discussed in a general workshop
meeting, and potential options to meet these goals were brainstormed. Several overall initiatives
were selected by Council, as a result.
The waste recycling goals will help West Elgin to improve the environmental sustainability of the
municipality, by extending the life of the landfill and thus reducing our environmental impact.
6. CURRENT SOLID WASTE TRENDS, PRACTICES AND SYSTEM AND FUTURE NEEDS
The following sections describe the current program in place at the Municipality of West Elgin.
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Community Characteristics
In 2009, the Municipality of West Elgin had a population of 5,223. The municipality is home to
2,451 total households or dwellings. Of these, 120 are multi- family households. There are also an
additional 639 seasonal dwellings, which are generally occupied during the months of June, July
and August.
Current Waste Generation and Diversion
The Municipality of West Elgin generated approximately 1,054 tonnes of residential solid waste,
an amount of annual waste generated that is typical to the size, culture and activities of the
municipality. Of this, 147 tonnes, or 14.0 %, is diverted through the blue box program.
Currently, the most common material recycled is newspaper, while the least is aluminum (cans,
containers, foil).
The table below summarizes the current waste generation and blue box diversion rates.
Residential Solid Waste Generated
Residential Waste Stream /Blue Box Material
and Diverted through Blue
Tonnes
Box
Percent of Total Waste
Total waste generated
1,054
-
Papers
(ONP, OMG, OCC, OBB and fine papers)
69
6.6%
Metals (aluminum, steel, mixed metal)
10
0.9%
Plastics (containers, film, tubs and lids)
47
4.4%
Glass
21
2.0%
Total Blue Box material currently diverted
147
14.0%
As the table below indicates, the Municipality of West Elgin's current diversion rate is below
average for its WDO municipal grouping, and compared to the average of all Ontario
municipalities.
Average Blue Box Diversion Rate (year)
Municipality of West Elgin
14.0%
Municipal Grouping: Rural collection - south 21.37%
Overall Municipal Average: Ontario 21.38%
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Currently, the collected streams are limited, relative to other municipalities. According to
Municipal staff, many residents comment on the limited streams that can be placed in the blue
box. For instance, allowable paper fibre does not include boxboard (cereal, detergent, cracker
and tissue boxes), catalogues, magazines, phonebooks, egg cartons and fine paper. Also, plastics
collection does not include the full suite of plastics; it is restricted to #1, #2, and #4 only.
Potential Waste Diversion
To estimate the Municipality of West Elgin's current waste composition, the composition was
estimated using the approximations from the CIF Waste Recycling Strategy Guidebook, as actual
audit data from West Elgin was not available. The most suited audit data selected was that from
Blue Mountains (rural collection, south). This was preferred since it had both curbside and depot
collection.
Using the sample data, the total amount of waste generated can be used to indicate the typical
total amount of recyclable materials also generated. Thus, using the Town of Blue Mountains
`sample' data for waste composition, West Elgin's annual generation of 1,054 tonnes in total
indicates that 559 tonnes of blue box materials are likely generated. Assuming a capture rate of
70 %, typical for a rural collection municipality in southern Ontario, a potential annual total of
391 tonnes of blue box recyclable materials is available for capture. In reality, West Elgin
captured 147 tonnes in 2009, leaving potentially 244 additional tonnes that is realistically still
available for diversion. Estimates of blue box material available for diversion are listed in the
table below.
Current
Material
and Potential Diversion
Total Available in Waste
Stream (assuming 70%
capture)
(tonnes /year)
Currently
Recycled
(tonnes /year)
Potential
Increase
(tonnes /year)
Papers (ONP, OMG, OCC, OBB and
fine papers)
221
69
+152
Metals
(aluminum, steel, mixed metal)
22
10
+12
Plastics (containers, film, tubs and
lids)
59
47
+12
Glass
89
21
+67
Total
391
147
+244
Diverting the blue box material remaining in Municipality of West Elgin's waste stream could
raise its waste diversion rate from 14.0% to 24.7 %, bringing the diversion rate above the
municipal average.
Existing Programs and Services
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Currently, the Municipality of West Elgin has the following waste collection practices in place:
Area
Current
Garbage pickup
Waste Collection Practices
Recycling pickup
Destination
Rodney
- Weekly, curbside
- Clear bags only
- Private contractor
removal (Aubertin
Disposal - Ron)
- Monthly, curbside
- Each stream on different days
- Plastics #1, #2 only
- Paper, cardboard, metal food and
beverage, glass jars, aluminum pie
plates & foil (each stream
separated)
- Private contractor removal (Jack
Falkins)
- No blueboxes provided by
Municipality
- West Elgin
Landfill
- Recycling then
taken offsite
by private
contractor
(Sam Kirschner
Excavating)
West
Lorne
- Weekly, curbside
- BFI contract
- Bi- weekly, curbside
- Plastics #1, #2 only
- Paper, cardboard, metal food and
beverage, glass jars, aluminum pie
plates & foil (each stream
separated)
- BFI contract
BFI transfer and
landfill (outside
of municipality)
Rural /
Seasonal
- Weekly
- Residents directly
pay private
contractor (Tom
Towers) OR
- Can drop off at
landfill directly
- Seasonal trailer park
removal by private
contractor (Jack
Falkins)
- Monthly
- Residents directly pay private
contractor (Tom Towers) OR
- Can drop off at landfill directly
- Seasonal trailer park removal by
private contractor (Jack Falkins)
- No blueboxes provided by
Municipality
- West Elgin
Landfill
- Recycling then
taken offsite
by private
contractor
(Sam Kirschner
Excavating)
The Municipality of West Elgin has the following positive policies and programs already in place
to manage residential solid waste:
✓ All garbage to West Elgin Landfill Rodney and rural residents) must be in clear garbage
bags only, no more than 40lbs. per bag
✓ Collection in Rodney has a Tag and Leave Policy' for coloured garbage bags and bags
containing recycled materials
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✓ All blue box materials must be rinsed with
following segregated streams: newspaper, glass,
✓ Landfill tipping fees apply to large items
✓ A household hazardous waste program
Dutton /Dunwich.
labels removed, and separated into the
cardboard, cans /metal, plastics
is shared with the Municipality of
Collection of regular waste is provided to the 42% of municipal residents, using contracted
services for curbside pickup of waste and recycling, either under BFI contract or through use of a
private contractor hauling the waste to the West Elgin landfill. The remaining 58% of
households (rural) are responsible for dropping off their waste and recycling directly to the
landfill, or these residents can directly pay a private contractor who will transport their waste
and recycling to the West Elgin landfill (fees handled privately, not through the municipality).
Collection and disposal of solid waste and recyclables from West Lorne is handled under a
curbside pickup contract with the municipality, which includes disposal /recycling of the collected
materials through the contracted authority (BFI), outside of the municipality (Toronto). This
contract expires in March of 2012.
At the landfill, a daytime contractor (Sam Kirschener Excavating) is assigned to check and sort all
solid waste as it is received, although residents are accustomed to fully separating the waste
before drop -off. Recycling drop -off areas are not segregated to one area of the landfill; multiple
vehicle stops must be made.
Diverted material from the landfill separation activities is transported to unknown vendors by a
private contractor. Weights from these transactions are used as weight data for recycling for the
Municipality of West Elgin, as no weigh scale is available.
Disposal and recycling services are paid for primarily through the tax base. Some tipping fees
apply for large landfill items, and for replacement of blue boxes.
Upcoming important collection - related milestones that may affect how collection services are
administered include:
• The expiry of the BFI collection contract for West Lorne
• A new council
• New relationships that may be developed with neighbouring municipalities
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Costs
In 2009, the gross annual recycling cost for the Municipality of West Elgin bluebox materials
(including administration, not including revenue) is compared to the average of all sixty -nine
similar southern Ontario municipalities (rural collection), as presented below. As the table below
shows, the gross annual recycling cost for West Elgin bluebox materials are above average.
Recycling Costs Comparison (per tonne per year)
Gross recycling cost for Municipality of West Elgin (including administrative
costs)
$864
Average gross recycling cost for all 69 Rural Collection — South
municipalities
$538
Average gross recycling cost for all municipalities in Ontario
$327
Actual Weight Data Only
Since the annual garbage weights are based on estimated bag weights from previous audits, rather
than actual weighscale data, a specific analysis of the waste removal from West Lorne was
conducted, as this data is all specifically measured under the BFI contract. From this review, the
following data is presented:
Total waste including bluebox
(tonne /year)
Total bluebox recycled (tonne/ ear)
diversion
Gross total recyclin: cost ($ /tonne)
Municipality of West Elgin Average Ontario
municipality
557
59
10.5%
$411
N/A
4,010
21.4%
$327
Although the breakdown of costs (processing vs. collection) was not available from BFI data, the
above summary shows that:
• the actual recycling costs per tone area slightly greater than the provincial average, and
• the actual % diversion is approximately half of the provincial average.
Anticipated Future Waste Management Needs
Solid waste generated in the Municipality of West Elgin is expected to increase slightly over the
next planning period. The Table below depicts the expected growth rates for solid waste
generation and blue box material recovery (based on projected population growth rates).
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Anticipated
Future
Available
Current
Year
Solid Waste Generation
Blue Box Material
{Current Year + 5}
Rates and
{Current Year + 10)
Population
5,223
5,355
5,629
Total Waste
(tonnes)
1,054
1,081
1,136
Blue Box Material Available
(tonnes)
391
401
422
7. IMPROVEMENT OPTIONS
The Municipality of West Elgin Council reviewed a number of options for consideration in its
Waste Recycling Strategy. The options were then scored based on a series of criteria, which
included:
• % Waste Diverted
• Proven Results
• Economic Feasibility
• Accessibility to Public, and
• Ease of implementation
The following options were presented to Council on March 3, 2011 for review.\
• OPTION 1: PERFORMANCE MEASURES: WASTE AND RECYCLING AUDIT
• OPTION 2: MULTI - MUNICIPAL APPROACH
• OPTION 3: WEEKLY BAG LIMIT
• OPTION 4: COLLECTION OPTIMIZATION: INCREASED RECYCLING COLLECTION
FREQUENCY AND STREAMLINE COLLECTION DAYS
• OPTION 5: ENHANCEMENT OF RECYCLING DEPOT AT LANDFILL
• OPTION 6: CONTRACT REVIEW
• OPTION 7: PUBLIC EDUCATION AND COMMUNICATION
• OPTION 8: MANDATORY RECYCLING BY -LAW
• OPTION 9: ADD RECYCLING STREAMS
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Details for each option are provided below, based on suggestions and discussions in `Waste
Recycling Guidebook Options' (CIF. 2010). It is possible that funding and capital requirements
may be enhanced from government funding options, described later in this section.
OPTION 1: PERFORMANCE MEASURES: WASTE AND RECYCLING AUDIT
Description
Benefits
Before beginning any improvements, it is
•
Quantitative benchmark
always wise to start with an accurate
•
Data can be translated to the legislated landfill
assessment of current practices.
reporting requirements (currently some of the
waste reporting here is also based on outdated
A technical waste audit, based on exact masses
of garbage and recyclable wastestreams, is
crucial in establishing a firm benchmark.
estimates).
Targets should be measurable wherever
possible — without waste WEIGHTS, what is
measured or measurable?
Considerations:
Waste audits determine the composition of waste being generated, can measure the effectiveness
of existing programs and can identify opportunities for improvements in the waste management
program.
Waste audit tools are available, and can be performed by municipal staff, volunteers or
consultants.
If a weigh scale is desired for this project and for longterm use, it should be noted that funding
may be available, as described later in this section of the report. There are liabilities related to the
Certificate of Approval for the landfill, and the waste program for the Municipality, related to
estimation of weights. More accurate data would reduce liabilities associated with the significant
error that arises from estimating weights. In addition, reliance on the invoice weights from the
end vendors selling processing services to the West Elgin subcontractor is a dependency that can
be avoided. Firsthand data is always preferred.
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OPTION 2: MULTI- MUNICIPAL APPROACH
Description
Benefits
Cooperating with surrounding municipalities
•
Reduced costs through efficiencies of scale
can take many forms.
(sharing of fixed costs)
•
Reduced costs through material market pricing
It will involve substantial up -front effort, but
advantages
could lead to significant savings.
•
Attracting more bidders at contract time, leading
to more competitive pricing
Waste Diversion Ontario statistics show that
•
Optimized funding
recycling costs are steeply reduced when the
•
Higher capture rates as a result of standardized
quantity of materials handled exceeds a
programs and the ability to support broader
10,000 tonnes per year threshold.
promotion and educations programs
Considerations:
• The West Lorne BFI contract will expire in March of 2012.
• West Elgin is currently sharing hazardous waste collection days with the Municipality of
Dutton /Dunwich. With a new council, perhaps a fresh approach to these types of sharing
opportunities may be further explored.
Municipalities can be reluctant to cooperate formally. Cooperation can take many different
forms, and a less comprehensive method might be tested before attempting a formal
amalgamated contract. Some examples of types of cooperation include:
• coordinating expiry dates of contracts so that bidders see that there are multiple contracts
up for grabs in one given area
• sharing costs for joint promotion and education or tender development services
• joint purchasing of blue boxes
• cooperative marketing
• putting out a cooperative tender, with contractors giving prices for each municipality, but
also offering a discount if they are awarded all municipalities jointly (with or without
route rationalization), and
• setting up a formal multi - municipal recycling board.
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OPTION 3: WEEKLY BAG LIMIT
Description
Benefits
Want to cause permanent shift in behavior; encourage
•
Bag limits can be introduced with
residents to become more conscious of amount of type
little to no costs. Even partial bag
of waste being generated. This incentive sends a clear
limits involving a 'user pay' system
message to residents that it is no longer acceptable to
can be effectively implemented at
produce unlimited amounts of garbage.
low cost to the municipality.
•
The 'user pay' system can generate
Reducing solid waste services (e.g. bag limit) while
small revenues
supporting the residents with diversion alternatives
•
increased landfill capacity through
(weekly or bi- weekly Blue Box pickup, rather than
monthly) has been found to improve recovery of Blue
diversion
Box materials.
Bag limits are a common practice of limiting the
number of garbage bags that will be accepted for
collection. Often, this practice is employed with a
`user pay' system, where bags in excess of the limits are
assigned a cost. Bag limits are a simple and effective
means of encouraging residents to become more
conscious of the amount and type of waste generated.
A suggested garbage bag limit from the 'Waste
Recycling Guidebook Options' (CIF, 2010) is THREE
bags per week.
Figure 1 - From Blue Box Program Enhancement Report, KPMG, July 2007
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Considerations:
It must be noted that bag limit programs are only effective when accompanied by diversion
alternatives for the residents. In the case of West Elgin, increasing recycling pickup frequency will
be a critical option to be implemented in parallel with this initiative (see Option 3).
Strict bag limits can be established where any bags in excess of the limit are left at the curb by the
collection crew, or not accepted at the depot. Partial bag limits allow residents to purchase tags
for excess bags. Because of the requirement that rural residents drop off solid waste directly to
the landfill, a system will need to be enforced to ensure bag limits are reserved by address. A
hybrid of these two limits can also be created -- where a bag limit is imposed but a set of `free'
tags are distributed for a period of time.
Through proper planning, minor concerns can be anticipated and mitigated. With respect to litter
and illegal dumping, experience shows that implementation issues may arise. Diminished quality
of recyciables, for example, may result from placement of over- the -limit garbage in recycling bins
by residents in order to avoid garbage penalties. Roadside garbage dumping may take place in
isolated cases. However, these issues can be addressed by stepping up enforcement in the early
post - implementation stages and developing targeted educational campaigns.
In most communities, where a recycling curbside program is in place, the average householder
sets out three bags or less of garbage per week, and only has excess garbage a few times a year,
typically after the holiday season and spring cleanup. These special times can be effectively
accommodated with `amnesty days'.
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OPTION 4: COLLECTION OPTIMIZATION: INCREASED RECYCLING COLLECTION
FREQUENCY and STREAMLINE COLLECTION DAYS
Description
Benefits
Goal is to cause permanent shift in behavior through
• Reduce collection costs
non - monetary levers.
• Encourages recycling
• Increased landfill capacity through
Collection frequency can affect diversion rates and the
diversion
cost of a collection program and can be used in
• Reduced discouragement of
conjunction with a weekly "bag limit ".
In terms of diverted waste, programs in Ontario have
demonstrated that weekly recyclable collection
teamed with bi- weekly solid waste collection are the
residents due to extended storage
challenges (odour, capacity,
cleanliness)
Streamlining collection days to be
most efficient.
predictable, simple and consistent can
greatly increase participation.
Bi- weekly recydables collection where resident have
sufficient storage have proven to be the most cost -
effective.
The Village of Rodney has blue box collection days
for specific streams the 3rd Tuesday of the month, the
last Saturday of the month, the 3r6 Wednesday of the
month, plus garbage every Wednesday.
The black and white schedule handout for West Lorne
can be confusing to a resident.
Considerations:
A weekly solid waste pick up is already in place which may facilitate the integration of an
adapted waste collection system. This would require support from a communication and
outreach program.
Distribution of additional blue boxes is usually encouraged with changes in frequency or addition
of streams (currently blueboxes are only distributed to West Lorne). This requires an initial
capital outlay. Collection crews may experience ergonomic benefits from additional blue boxes in
circulation, as `home -made' curbside containers may be minimized. It should be noted that
bluebox distribution is currently for West Lorne only.
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It should be noted that municipalities that collect recydables less frequently than garbage tend to
exhibit lower recovery rates, as compared to municipalities where collection frequency of
garbage and recyclables is equal, according to the Blue Box Program Enhancement and Best
Practices Assessment Project (KPMG, 2007).
Streamlining can be an option that is integrated into Option 6, Contract Review. If planned
correctly, new contracts may be able to allow aligned collection days.
Planning the recycling program so that it is a welcome service to the residents, rather than a
cumbersome chore with complicated schedules, is the goal.
Collection frequency and programming should always be planned around finding the best way to
collect the most amount of material using the least amount of time and resources. Collection
must be convenient for the operator and for the residents, and must be supported by a
communication and outreach program, including clear and effective calendars for residents.
OPTION 5: ENHANCEMENT OF RECYCLING DEPOT AT LANDFILL
Description
Benefits
Recycling depots provide an inexpensive means for
municipalities to divert recyclable materials from
disposal. Enhancements to recycling depots may
include (but are not limited to):
• Enhancing the conditions at the landfill
depot (e.g., landscaping, general cleanliness.
maintenance);
• Incorporating friendly. easy -to -read signage;
• Providing additional part -time staff to
address seasonal fluctuations and visiting
traffic.
•
Increased landfill capacity through
diversion
Considerations:
Currently, multiple vehicle stops must be made when dropping off blue box materials at the
landfill. The goal would be a `one -stop' drop -off, where the 'trunk of the car is opened just
once'.
A review is recommended to consider the following depot characteristics:
• Situated in a safe and accessible location
• Convenient to use, ensuring smooth traffic flow
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• Designed to limit the potential for contamination and illegal dumping by
o employing trained and knowledgeable personnel
o transferring/removing materials with adequate frequency
• Attractive and well- maintained
• Appropriate signage with clear instructions to resident
• Adequate promotion and education to enhance awareness of residents
• Robust record - keeping processes
• Optimized container design and transportation system
OPTION 6: CONTRACT REVIEW
Description
Benefits
Collection must be efficient, which means getting more
•
Decreased collection and
for less — picking up more recyclabies with fewer trucks,
fewer staff, less time. With multiple contracts and
•
processing costs
increased understanding and
contractors overlapping in services, there may be
control of collection and
efficiency opportunities while still providing jobs within
the community.
processing costs
The 2009 municipal average processing cost for bluebox
materials is $102 /tonne, while West Elgin's is
$ 699 /tonne.
Considerations:
It is essential to review all current contracts related to the collection and processing of bluebox
materials and garbage at West Elgin. There may be potential for improvement in:
• Material Recycling Facility (MRF) costs and availability, to ensure the most viable
processing options are being selected (a review of new available services and of existing
contract costs may be worthwhile)
• Sharing/amalgamating collection strategies to improve costs, and as such renewing
collection contracts (e.g. Could a more competitive cost for single day collection by a
multiple - vehicle contractor be achieved, rather than multiple days by several single -
vehicle contractors ?)
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A Waste Recycling Plan
Municipality of West Elgin
Information and tools available to municipalities on recycling companies is vast. For information
purposes, following is an abbreviated list of material recycling facilities (MRFs) used by local large
municipalities. Investigation into processing of viable streams at these or other MRFs is an option.
Bluewater Recycling Association and the City of London have or will have considerable new
processing capacity available.
WESA
Page 19
Paper
Aluminum
Steel
Glass
Plastics
Essex- Windsor
Canada
Fibres, Paper
Fibres,
Continental
Paper, Abitibi,
Recycle
America
Alcan,
Anheuser-
Busch
Zalev
Brothers
Glass
Recyclers
Canada Plastic,
ReMM, The Peitz
Group
City of
London
Halton
Recycling,
Norampac,
Atlantic
Halton
Recycling,
Alcan
Halton
Recycling,
Mida Metal
Halton
Recycling,
NexCycle
Halton Recycling,
Entropex
City of Sarnia
Recycle
America
AMRC
Poscor
Canadian
Waste
Canadian Waste
Bluewater Recycling Association and the City of London have or will have considerable new
processing capacity available.
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A Waste Recycling Plan
Municipality of West Elgin
OPTION 7: PUBLIC / STAFF EDUCATION AND COMMUNICATIONS
Description
Benefits
An integrated waste management system requires
•
Increase community
support through a communication and outreach
participation in the waste
strategy. Residents and businesses need to be informed
management program
on what options are available to them and a
•
Enhance diversion and
municipality needs an opportunity to assess barriers to
recyclables recovery rates
participation.
•
Lower residue rates at
processing facilities resulting in
The strategy should not be limited to promotional
higher recovery and reduced
material through brochures and online information. It
costs
ought to establish a dialogue and include face -to -face
•
Reduction in contaminated
engagement, community events and even the use of
loads sent to landfill
waste awareness champions to educate members of the
•
Establish new recycling
community.
behaviors
•
Reinforcement of the positive
A monitoring and evaluation component is an essential
benefits of recycling and
part of the strategy to measure performance and
waste reduction at local and
respond to resident feedback for example.
global levels
•
Encourage and facilitate
A well- trained staff can lead to greater cost and time
dialogue between local
efficiencies and improved customer service.
government and members of
Knowledgeable staff (including both front line staff and
the public
managerial staff) have a greater understanding of their
municipal programs and can perform their
responsibilities more effectively. There are a number of
low -cost training options available.
•
Promote community spirit
Considerations:
Funding may be available.
A key step is to identify barriers to public participation and public perception of current waste
management program and diversion options through public consultation.
The communication strategy should be prepared based on findings from public consultation,
include target audience and key messages.
Training of key staff within the waste program will also be an integral part of this program.
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A Waste Recycling Plan
Municipality of West Elgin
Public education and promotion programs are crucial for ensuring the success of local recycling
programs. Well- designed and implemented education and promotion programs can have impacts
throughout the municipal recycling program, including participation, collection, processing, and
marketing of materials. Furthermore, having a P &E plan contributes toward the amount of WDO
funding a municipality receives as identified in best practice section of the WDO municipal
datacal I.
Stewardship Ontario has prepared a Recycling Program Promotion and Education Workbook
and other materials, which are available on Stewardship Ontario's Recyclers' Knowledge
Network ( http: // vubiz .com /stewardship/Welcome.asp).
The CIF holds periodic Ontario Recycler Workshops that discuss recycling program updates
(www.wdo.ca /cif /orw.html). The MWA, Waste Diversion Ontario (WDO), the association of
Municipalities of Ontario (AMO), Stewardship Ontario and the Solid Waste Association of
Ontario (SWANA) can also be sources of information guides, workshops, or training on recycling
or solid waste management.
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A Waste Recycling Flan
Municipality of West Elgin
OPTION 8: MANDATORY RECYCLING BY -LAW
Description
Benefits
Want to cause permanent shift in behavior; encourage
•
Reduce collection costs
residents to become more conscious of amount of
•
Encourages recycling
type of waste being generated. This incentive sends a
•
Increased landfill capacity through
clear message to residents that it is no longer
acceptable to produce unlimited amounts of garbage.
diversion
This option involves the institution of a by -law that
directs households to use the recycling program for
recyclable material. This can be enforced at the curb,
and disposal service can be withdrawn when users
continually place recyclables in the garbage. This
approach is commonly used to direct property
owners of multi- family residences.
Considerations:
A weekly solid waste pick up is already in place which may facilitate the integration of an
adapted waste collection system. This would require support from a communication and
outreach program.
Distribution of additional blue boxes is usually encouraged with changes in frequency or addition
of streams (currently, distribution of blue boxes include West Lorne only). This requires an initial
capital outlay. Collection crews may experience ergonomic benefits from additional blue boxes in
circulation, as `home -made' curbside containers may be minimized. It should be noted that
bluebox distribution is currently for West Lorne only.
When instituting bans or bag limits, recycling collectors must be diligent with respect to quality
control --- it is possible that non- recyclables will be placed in the blue box as a reaction to reduced
garbage capacity.
ovg— NSA
Page 22
A Waste Recycling Plan
Municipality of West Elgin
OPTION 9: ADD RECYCLING STREAMS
Description
Benefits
Residents have voiced concern about the limited
streams that can be recycled.
Currently, paper fibre accounts for approximately
41% of total blue box materials collected. The
average municipal percentage is 76 %.
Increasing some of the basic recycling
streams can greatly affect diversion rate,
without adding significant cost (thus
reducing recycling cost /tonne)
Considerations:
A weekly solid waste pick up is already in place which may facilitate the integration of an
adapted waste collection system. This would require support from a communication and
outreach program.
Distribution of additional blue boxes is usually encouraged with changes in frequency or addition
of streams (currently, distribution of blue boxes include West Lorne only). This requires an initial
capital outlay. Collection crews may experience ergonomic benefits from additional blue boxes in
circulation, as `home -made' curbside containers may be minimized.
Target should be the inclusion of boxboard (cereal, detergent, crack and tissue boxes), catalogues,
magazines, phonebooks, egg cartons and fine paper, subject to MRF restrictions. This option is
thus intimately tied to Option 6 — Contract Review.
8. FUNDING
Several programs are in effect that may be available for the Municipality of West Elgin. Further
funding details are available through associated websites.
CIF/ WDD
The CIF welcomes project applications from Ontario recycling programs. Either municipalities or
their long -term contractors can apply. Over two hundred projects have been approved according
to MIPC's approved strategic areas. The CIF website shows a listing of projects underway or
completed, including reports as they become available, and remaining funding available.
FEDERATION OF CANADIAN MUNICIPALITIES (FCM) "GREEN MUNICIPAL FUND"
FCM offers financial assistance under the Green Municipal Fund for "municipal studies" and
"capital projects" related to waste diversion.
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A Waste Recycling Plan
Municipality of West Elgin
A capital project involves the retrofitting, construction, replacement, expansion, soil remediation
or removal, or purchase and installation of fixed assets or infrastructure that will improve
environmental performance in municipal brownfields, energy, transportation, waste, or water, or
some combination of these sectors.
The environmental objective for projects undertaken in the waste sector is to reduce waste sent
to landfill.
Eligible capital projects must demonstrate the potential to achieve a total diversion rate of at least
50 %. Examples include; reuse programs or centres, recycling programs or centres.
FCM offers below - market Loans, usually in combination with grants, to implement capital
projects. Funding is provided for up to 80% of eligible project costs. The loan maximum is $10
million, and the grant amount is set at up to 20% of the loan to a maximum of $1 million.
MUNICIPAL STUDIES
Feasibility Study - A feasibility study is an assessment of the technical and financial feasibility, as
well as the environmental, social, and economic impacts of a potential municipal environmental
project. A municipal environmental project is a project that responds to a municipal need and
contributes to cleaner air, water, and /or soil, and /or reduces greenhouse gas emissions. A
feasibility study typically includes an assessment of the requirements and outcomes of a specific
project using verifiable evaluation processes, leading to a recommended course of action.
Field Test - A field test is an evaluation of the small -scale installation of a potential municipal
environmental project under the conditions in which it will operate. A field test evaluates the
technical and financial feasibility, as well as the environmental, social, and economic impacts of a
new system or technology, using verifiable evaluation processes, to determine the implications of
full -scale implementation. The field test is not a demonstration project and the field test
equipment and technology should (generally) be reversible. Recycling is an eligible initiative for
focus.
FCM offers grants, which cover up to 50% of eligible costs to a maximum of $350,000, for
feasibility studies and field tests.
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A Waste Recycling Plan
Municipality of West Elgin
9. SELECTED INITIATIVES
A summary of the options reviewed and their scoring are provided in Appendix A. Council
selected the options that were considered to be high ranking and a robust start to the recycling
strategy.
The most viable Waste Recycling Strategy options were organized into Priority Initiatives. Since
further investigation is required, especially related to operational costs once more details are
explored, some priority initiatives may shift to future initiatives, based upon this investigation.
The estimated cost for implementing the priority initiatives is estimated to be 51,400 to $7,000,
plus staff time. A review of these initiatives and their steps for implementation are reviewed on
the following pages.
Priority Initiatives
Initiatives
Implementation
Costs
Operation
Costs
1. Performance Measures: Waste Audit
Complete a waste audit — a quantitative
audit of garbage and recyclables generated
by the Municipality, to provide a solid,
comparative benchmark.
$1,000 - $5,000
(depending on level of
involvement of
staff /students/
volunteers /consultant)
None, unless
weigh scale is
desired
2. Contract Review: Plan a review of all
procured services for collection and
processing.
Staff time
Staff time,
could result in
significantly
decreased costs
3. a) Optimization in Collections:
Streamline Collection Days
Staff time, public
notification costs ($200
- $1000)
Variable,
potential CIF
funding for
blue box
3. b) Optimization in Collections: Increasing
Recycling Collection Frequency
Staff time, public
notification costs ($200
- $2000), plus bluebox
distribution costs
Variable,
potential CIF
funding for
blue box
Estimated Total Cost
(Priority Initiatives)
Staff time,
plus $1,400 - $8,000
Variable
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A Waste Recycling Plan
Municipality of West Elgin
10. IMPLEMENTATION PLAN
Initiative #1.• Performance Measures: Waste Audit
Before beginning any improvements, it is always wise to start with an accurate assessment of
current practices. A technical waste audit, based on exact masses of garbage and recyclable
wastestreams, is crucial in establishing a firm benchmark. Data can be translated to the legislated
landfill reporting requirements (currently some of the waste reporting here is also based on
outdated estimates).
Waste audits determine the composition of waste being generated, can measure the effectiveness
of existing programs and can identify opportunities for improvements in the waste management
program. Waste audit tools are available, and can be performed by municipal staff, volunteers or
consultants.
If a weigh scale is desired for this project and for longterm use, it should be noted that funding
may be available. There are liabilities related to the Certificate of Approval for the landfill, and
the waste program for the Municipality, related to estimation of weights. More accurate data
would reduce liabilities associated with the significant error that arises from estimating weights. In
addition, reliance on the invoice weights from the end vendors selling processing services to the
West Elgin subcontractor is a dependency that can be avoided. Firsthand data is always preferred.
Implementation Plan - Waste Audit
The following steps make up the waste audit implementation plan:
• Determine scope of audit (landfill, West Lorne /BFI, rural)
• Investigate funding options
• Explore available resources (volunteers, students, staff)
• Seek consultant quotations
• Consult available resources for methodology
• Conduct or contract waste audit
• Review results
• Update strategies or other reports as required
The Waste audit implementation plan will be completed by December 2012.
WESA
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A Waste Recycling Plan
Municipality of West Elgin
Initiative #2: Contract Review
Collection must be efficient, which means getting more for less — picking up more recyclables
with fewer trucks, fewer staff, less time. With multiple contracts and contractors overlapping in
services, there may be efficiency opportunities while still providing jobs within the community.
The municipality's average collection and processing costs for recyclables far surpass the average
of all Ontario municipalities.
Review of contracts may include review of costs and contracts related to processing, such as those
with cardboard or plastics recycling facilities.
Implementation Plan - Contract Management
The following steps make up the contract management implementation plan:
• Summarize costs and details on current procured services for all aspects of waste
management
• Investigate opportunities for improvement
• Investigate funding options
• Develop a clear definition of services and performance requirements (can be done in
conjunction with initiative #3)
• For new contracts or contracts coming due, use a efficient, effective procurement process
(quotation /tender /RFP) to encourage multiple proponents
• Develop a pre - defined (transparent & fair) bid evaluation process
• Secure contracts as desired
The Contract Management Implementation Plan will be completed by March 2013.
Initiative #3: Optimization in Collections: Increasing Recycling Collection Frequency and
Streamlining of Collection Days
The goal of this initiative is to cause permanent shift in behavior through non - monetary levers.
Collection frequency can affect diversion rates and the cost of a collection program. Bi- weekly
recyclables collection where residents have sufficient storage have proven to be the most cost -
effective. Planning the recycling program so that it is a welcome service to the residents, rather
than a cumbersome chore with complicated schedules, is the goal.
WESA
Page 27
A Waste Recycling Plan
Municipality of West Elgin
Collection frequency and programming should always be planned around finding the best way to
collect the most amount of material using the least amount of time and resources. Collection
must be convenient for the operator and for the residents, and must be supported by a
communication and outreach program, including clear and effective calendars for residents.
Benefits may include:
• Reduced collection costs
• Encouragement of recycling
• Increased landfill capacity through diversion
• Reduced discouragement of residents due to extended storage challenges (odour,
capacity, cleanliness)
Distribution of additional blue boxes is usually encouraged with changes in frequency or addition
of streams. This requires an initial capital outlay. Collection crews may experience ergonomic
benefits from additional blue boxes in circulation, as `home -made' curbside containers may be
minimized.
Implementation Plan - Increased Recycling Collection Frequency / Streamlining Collection Days
The following steps make up the increased recycling collection frequency /streamlining collection
days implementation plan.
• With current procurement information from initiative #2, review current collection costs
• Investigate costs for increased frequency
• Investigate costs for streamlining of collection days
• Investigate costs for distribution of additional blueboxes
• Investigate funding options
• Select improved collection strategy / secure contracts
• Print new public information material
• Inform public of changes through open house
• Distribute blueboxes as required /budgeted
The timing for the completion of this implementation plan will be determined upon completion
of the waste audit.
kes WESA
Page 28
A Waste Recycling Plan
Municipality of West Elgin
11. CONTINGENCIES
The priority initiatives may be impacted if municipal funding is not available. Possible
contingencies for lack of funding include:
• Implementing user fees
• Exploring and applying for other funding sources
• Delaying `lower - priority' initiatives, or
• increasing a proportion of municipal budget to solid waste management.
if lack of available staff becomes a challenge in implementing the initiatives, summer or co -op
student hiring may be an option to help with planning (may be available funding).
Priority initiatives may shift to future initiatives if lack of funding or unwieldy increases to the
taxpayer become evident.
12. MONITORING AND REPORTING
The monitoring and reporting of Municipality of West Elgin's recycling program is considered a
Blue Box program fundamental best practice and will be a key component of this Waste
Recycling Strategy. Once implementation of the strategy begins, the performance of the Waste
Recycling System will be monitored and measured against the baseline established for the current
system. Once the results are measured, they will be reported to Council and the public.
The approach for monitoring Municipality of West Elgin's waste recycling program is outlined in
the table below.
WESA
Page 29
A Waste Recycling Plan
Municipality of West Elgin
Monitoring Topic
Recycling System Monitoring
Monitoring Tool
Frequency
Total waste generated
(by type and by weight)
Monitoring of bag count at landfill
Measuring of recyclables through MRF
invoices
Measuring of garbage and recyclables
through BFI contract
Measuring of typical waste and
recyclable content through waste audit
Each load
Each invoice
Each invoice
Once , may be
repeated in 5 years
Diversion rates achieved
(by type and by weight)
Formula: (Blue box materials + other
diversion) + Total waste generated rt
100%
Annually
Customer satisfaction
and opportunities for
improvement
Customer survey (e.g. website survey)
Tracking calls /complaints received to the
municipal office
Every 2 to 4 years
Ongoing
Planning activities
Describe what initiatives have been fully
or partially implemented, what will be
done in the future
Annually
Review of Recycling
Plan
A periodic review of the Recycling Plan
to monitor and report on progress, to
ensure that the selected initiatives are
being implemented, and to move
forward with continuous improvement
Every 3 to 5 years
WESA
Page 30
A Waste Recycling Plan
Municipality of West Elgin
13. CONCLUSION
The Municipality of West Elgin currently has a relatively low bluebox waste diversion rate (14%
of total waste, compared to a provincial average of 21.4% ), and pays a relatively high cost to
operate its bluebox program ($1068 /tonne, compared to the average of $538 /tonne for all
southern Ontario rural collection municipalities).
The following objectives for the waste recycling strategy were established:
• To extend the life of the West Elgin Landfill;
• To improve the capture rate of blue box recydables;
• To improve cost - effectiveness of recycling in West Elgin; and
• To increase participation in the recycling program.
After careful consideration of 9 options, Council selected three key priority initiatives to
investigate and implement, in order to meet these objectives.
1. Performance Measures: Complete a waste audit — a quantitative audit of garbage and
recyclables generated by the Municipality, to provide a solid, comparative benchmark.
2. Contract Review: Plan a review of all procured services for collection and processing.
3. Optimization in Collections: Streamline Collection Days and Increase Recycling
Collection Frequency
Implementation plans, contingencies and other supporting information is included in the body of
this report.
WESA
Page 31
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Comments: This should be combined with another option. a
change initiative, rather than just more promo material
Training of Key Program Staff
Option 8
Comments: This should be combined with another option, a funding may be
change initiative. rather than just more promo material or staff time available, travel 1 2 5 3 4 15
training costs may be
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Option 9 Mandatory Recycling Bylaw staff time, P &E staff time, P &E 3 3 3 3 1 13
costs costs
A Waste Recycling Plan
Municipality of West Elgin
• % Waste Diverted — This refers to how much waste an option may potentially help to
divert. Some options may divert more waste than others, while other options may
not directly divert waste but instead support other programs or initiatives that do.
• Proven Results — Some options are considered tried and true, while others may be
newer and less tested.
• Reliable Market /End Use — Markets should be available for materials collected by
municipalities for recycling. This criterion considers if a market k available for the
recyclable materials in question or if a suitable end use exists.
• Economically Feasible — This refers to whether an option is economically feasible for
the municipality considering it. Municipalities will need to weigh the cost of the
option against their ability to afford it and the resulting benefit.
• Accessible to Public — This considers if the option will be easy or difficult for the public
to access or use. This will depend in large part on how the option interfaces with the
target audience.
• Ease of Implementation — Some options are Tess costly and easier logistically and
politically to implement than others. This criterion considers the level of cost and
effort involved in implementing the option.
WESA
Page 35
Ministry of
Natural Resources
615 John Street North
Aylmer ON N5H 268
Tel: 519 - 773 -4750
Fax: 519- 773 -9014
November 9, 2011
Ministere des
Richesses naturelles
615, rue John Nord
Aylmer ON N5H 288
Tel: 519- 773 -4750
Telac: 519- 773 -9014
Tammie RyaII
Municipal Planning Advisor
Ministry of Municipal Affairs and Housing
2nd Floor, 659 Exeter Road
London, ON, N6E 1L3
DI
Lr�
X Ontario
Re: Seaside Waterfront Inc. Residential
Zoning By Law Amendment- Haven's Lake Road
Part of Lot 6, Concession XIV (Aldborough)
Port Glasgow, Municipality of West Elgin, County of Elgin
MNR Comments
Dear Tammie RyaII,
The Ministry of Natural Resources received a copy of the Notice of the Public Meeting
for the zoning by law amendment for Part of Lot 6, Concession 14 (Aldborough) Port
Glasgow, Municipality of West Elgin, County of Elgin. The amendment proposes to re-
zone the subject lands from agricultural to tourist commercial. It is our understanding
that this rezoning would allow for a mix of uses potentially a restaurant, pub, hotel,
boutiques, cafe, offices and dwelling units above the ground floor.
General:
It is our understanding from the Ministry of Municipal Affairs and Housing that the
Municipality of West Elgin Official Plan dealing with the lands subject to the amendment
is currently under appeal. Therefore it is MNR's position that it is inappropriate to move
forward with a zoning by -law amendment for these lands that are currently not
designated within the official plan.
Lands:
The subject lands includes a parcel of land declared surplus by the municipality. These
lands are owned by the Municipality of West Elgin, however, they are subject to a
restrictive covenant, that can only be released by Infrastructure Ontario.
To clarify and provide background on the surplus lands, in 1967 the Crown as
represented by The Minister of Public Works acquired a parcel of land (approx. 25
acres) along the Lake Erie shoreline at the mouth of Sixteen Mile Creek, Port Glasgow,
Municipality of West Elgin, County of Elgin. This property was known as the Beattie
Access Point and was managed by Parks Ontario and Aylmer District MNR as a public
access point. Additional lands were acquired over time and title vested with the Ministry
of Government Services.
In 1994, these lands were declared surplus and transferred from the Ministry of
Government Services (now Infrastructure Ontario) to the then Corporation of the
Township of Aldborough, (now the Municipality of West Elgin) in instrument numbers
357368 and 357369. The transfer contained a restrictive covenant (please see
attachments) which states:
"The Transferee agrees with the Transferor that the Land shall be used for free
public access to Lake Erie and for municipal access to Lake Erie and for
municipal parks and recreation purposes only. Should the Land be used for any
other purpose, the Land shall revert back to the Transferor."
It is MNR's position that the amendment to rezone these lands is inconsistent with what
the covenant states the lands shall be used for. The zoning amendment also proposes
to change the use of the lands and therefore the lands would revert back to the
transferor, which in this case is the Crown.
The covenant is in perpetuity and is not tied to the 21 year option to repurchase
agreement. The option to repurchase agreement (please see attachments) states that if
the lands are going to change use, which this amendment proposes to do, the lands
must be first offered back to the Queen in right of Ontario.
MNR has recommended to Infrastructure Ontario that the covenant should not be
released. The MNR most definitely believes that this should not occur prior to receiving
the necessary planning approvals for the proposed development of the lands.
Natural Heritage:
MNR has provided natural heritage comments for adjacent lands where a plan of
subdivision and plan of condominium application has been proposed. Many of the
natural heritage concerns identified in the attached letter apply to the lands subject to the
rezoning including species at risk concerns.
The Endangered Species Act, 2007 (ESA 2007) came into force on June 30, 2008 and
provides both individual protection (section 9) and habitat protection (section 10) to
species listed as endangered or threatened on the Species at Risk in Ontario (SARO)
List. The current version of the SARO List (Ontario Regulation 230/08), issued under
the ESA 2007, can be found on a -laws (http:llwww.e-
laws.gov.on.ca /navigation ?file =home &fang =en). If an activity or project will result in
adverse effects to species and /or habitat protected under the ESA 2007, an
authorization under the ESA 2007 would be required to avoid contravening the Act.
Please note that authorizations are not guaranteed and that the review timelines for
Authorization Request Packages can be several months.
A preliminary screening has been conducted and there are known occurrences of the
following species in the vicinity of the subject lands:
• Butternnut is an endangered species that receives both species and habitat
protection under the ESA 2007.
• Chimney Swift is a threatened species that receives both species and habitat
protection under the ESA 2007.
• Bobolink is a threatened species that receives both species and habitat
protection under the ESA 2007.
• Eastern Foxsnake is an endangered species that receives both species and
habitat protection under the ESA 2007.
• Milksnake is a species of special concern under the ESA 2007. Although this
species does not receive legal protection under the ESA 2007, it should be
considered for significant wildlife habitat under the Provincial Policy Statement.
MNR has confirmed records of Eastern Foxsnake and Milksnake in the immediate
vicinity of the subject lands. In MNR's opinion habitat for Eastern Foxsnake exists on site
and will have to be formally delineated for planning and ESA 2007 review.
Please do not hesitate to contact the Aylmer MNR District Office with any questions or
comments you may have.
Sincerely,
cc
Amanda McCloskey
District Planner
Ministry of the Environment
733 Exeter Road
London ON N6E 1L3
Te1': 519 873 -5000
Fax: 519 873-5020
November 18, 2011
Ministere de I'Environnement
733, rue Exeter
London ON N6E 1L3
Tel.: 519 873 -5000
Te1ec.: 519 873 -5020
Tammie Ryall
Municipal Services Office - Western
Ministry of Municipal Affairs & Housing
2nd Floor
659 Exeter Road
London, Ontario
N6E 1L3
Dear Ms Ryall:
Da
raj
LX Ontario
MU SALtTY of WESTELGX4
NOV 18 2011
RE: Proposed Zoning By -law Amendment by Seaside Waterfronts Ltd. Respecting the
• commercial/residential component along the east side of Havens Road, Port Glasgow,
Municipality of West Elgin
We understand that Seaside Waterfront is seeking to rezone approximately .54 hectares of land
along the east side of Havens Road to permit a mix of commercial and residential development.
It is proposed to provide sewage treatment by way of an on -site, subsurface septic system.
In our view it is premature to be proceeding with pieces of the Seaside development plan when
the overall plan has yet to be approved, assuming the OMB does so and if it does not revise the
development plan.
The Seaside development plan envisages a communal sewage collection and treatment system.
In our view it is inappropriate from operational and administrative perspectives, particularly as
the ministry would be requiring a responsibility agreement for both, as well as premature to be
considering a separate sewage treatment system for these lands. As well, to proceed now
compromises the fundamental objective of the master servicing study being done.
If clarification is required or questions arise please contact the undersigned at (519) 873 -5013 or
email "bill.armstrong @ontario.ca"
W. Armstrong, MES, RPP
Regional Environmental Plan
Southwestern Region
Nov, 11. 201? 9:h5AiM
No 3693 P. 2:3
Elgin r: = -
CORPORATION OF THE COUNTY OF ELGIN
NOTICE OF APPLICATION FOR CONSENT
APPLICATION NO. E 110/11
PART LOTS 4 & 5, CONCESSION 9, MUNICIPALITY OF WEST ELGIN
TAKE NOTICE that an application has been made by ROODZANT FARMS LIMITED
22321 Marsh Line, R.R.#2, RODNEY, Ontario, NOL 2CO3 for a consent pursuant to Sedtion 53
of the Planning Act, 1990, as amended, to sever lands municipally known as 21837 Pioneer Line,
legally described as Part Lots 4 & 5, Concession 9, Municipality of West Elgin.
The applicants propose to sever a lot with a frontage of 90 metres along Pioneer Line by a depth 92 metres, Area 0.828 hectares containing one house, one barn and one shed, proposed to
create one residential tot surplus to the needs of the applicants. The owners are retaining 198
acres, proposed to remain in agricultural use.
The location of the property is shown on the Key Map below:
ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday
to Friday, between 8:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive,
St. Thomas or at a Public Rearing to be held on:
WEDNESDAY DECEMBER 14, 2011 at 10:15A.M,
in Committee Room ##2, County Municipal Offices, 450 Sunset Drive, St. Thomas,
representation public ther in support of, ordin the Public opposition to the proposed co semen or verbal
consent.
If you wish to be notified of the decision of the Land Division Committee in respect of the
proposed consent, you must submit a written request to the Land Division Committee. This will
also entitle you to be advised of a possible Ontario Municipal Board Hearing. party, you should request a copy of the decision since the Land Div s1ion Committee e
decision may be appealed to the Ontario Municipal Board by the Applicant or another member of
the public.
if a person or public body that files an appeal of a decision of the Land Division Committee in
respect of the proposed consent does not make written submission to the Land Division
Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board
may dismiss the appeal.
Dated at the Municipality of Central Elgin this 16th day of November 2011.
KEY MAD: (not to scale)
Susan D. Galloway
Secretary- Treasurer
Land Division Committee
450 Sunset Drive
St. Thomas, Ontario
N5R 5V1
County of Elgin
Engineering Serviuee
450 Sunset Drive
St Thomas, On N5R 6v1
Phone: 511 - 6314450
w, ,elgn•covety.on.ca
nv, I ;. ij I Y 2)A IV
Elgin __
CORPORATION OF THE COUNTY OF ELGIN
NOTICE OF APPLICATION FOR CONSENT
APPLICATION NO. E 113/11
PART LOT 10, CONCESSION 8, MUNICIPALITY OF WEST ELGIN
TAKE NOTICE that an applioation has been made by PAREZANOVIC FARMS INC.
c/o Michael Parezanovic, 25468 Talbot Line, R.R.# 3, WEST LORNE, Ontario, NOL 2P0, for
a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands
municipally known as 23099 Queen Street, legally described as Part Lot 10, Concession 8,
Municipality of West Elgin,
The applicants propose to sever a lot with a frontage of 88.78 metres along Queen Street, a rear
width of 94.33 metres by a depth of 101.67 metres (east lot Tine) to 98.3 metres (west lot fine),
Area 2.25 acres containing one house, one greenhouse and one shed, proposed to create one
residential lot surplus to the needs of the applicants. The owners are retaining 86 acres
containing one frame shed and one steel silo, proposed to remain in agricultural use.
The location of the property is shown on the Key Map below:
ADDITIONAL INFORMATION regarding the application is available for inspection daily,
to Friday, between 8:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive,
St. Thomas or at a Public Hearing to be held on: Monday
WEDNESDAY DECEMBER 14, 2011 at 10:45A.M.
in Committee Room #2, County Municipal Offices, 450 Sunset Drive, St, Thomas,
Any person or public body may attend the Public Hearing and/or make written or verbal
representation either in support of, or in opposition to the proposed consent.
If you wish to be notified of the decision of the Land Division Committee in respect of the
proposed consent, you must submit a written request to the Land Division Committee. This will
also entitle you to be advised of a possible Ontario Municipal Board Hearing.
successful party, you should request a co
decision may be appealed to the Ontario Mun of the cipaldBoard by the the Land iv scion Committ��he
the public.
pplicant or another member of
If a person or public body that files an appeal of a decision of the Land Division Committee in
respect of the proposed consent does not make written submission to the Land Division
Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board
may dismiss the appeal.
Dated at the Municipality of Central Elgin this 16t6 day of November 2011.
KEY MAP: not to scale
No. 3693 P. 3:3
\pr
Susan D. Galloway
Secretary- Treasurer
Land Division Committee
450 Sunset Drive
St, Thomas, Ontario
N5R 5V1
County of Elgin
Engineering Samosa
4S0 Sunset Primp
St Thomas, On NOR 5V1
Phone; 519. 631 -1460
rrvnwslgin oounrypn.ca
November 3, 2011
6
Municipality of Bayham
Municipality of Central Elgin
Municipality of Dutton /Dunwich
Municipality of West Elgin
Town of Aylmer
Township of Malahide
Township of Southwold
Dear Administrator /Clerk:
Re: Agreement for Municipal Investigator
County Council on October 25, 2011, passed a by -law reappointing JGM Consulting as
Municipal Investigator for the County of Elgin until December 31, 2015. A copy of the
report to council and the amending by -law is enclosed.
Should your Council decide to reappoint JGM Consulting as Municipal Investigator, each
municipality would be required to pass a reappointment by -law as well. I would appreciate
receiving a copy of the reappointment by -law. If your Council decides not to reappoint
JGM Consulting, please advise.
If you need anything further, please do not hesitate to contact me.
Sincerely,
jaa 44, Lkt elle44.1? 66(
Susan McConnell
Administrative Services Coordinator
Enclosure
County of Elgin
Administrative Services
450 Sunset Drive
St. Thomas, On N5R 5V1
Phone: 519 -631 -1460
www.elgin- county.on.ca
Eltlllf_01_11 0
P- Inrl'siir: bj N,:wrc
REPORT TO COUNTY COUNCIL
FROM: Mark G. McDonald, Chief Administrative Officer
DATE: September 26, 2011
SUBJECT: Appointment of Closed Meeting Investigator for the County of Elgin and
_Constituent Municipalities
INTRODUCTION:
According to Section 239.1 (2) of the Municipal Act 2001, as amended, municipalities are
required to appoint an investigator who has the task of investigating, in an independent
manner, on a complaint regarding closed meetings. Municipalities have essentially three
options for appointment as follows: (1) appoint someone of their choosing (2) hire a
lawyer with or without a retainer (3) utilize the services of the Ontario Ombudsman.
For several years now, the County and its municipal partners have been utilizing the
services of Mr. John Maddox as closed meeting investigator. Mr. Maddox' term expires
on December 31St and he is willing to continue with a contract renewal. Under the terms
of the agreement, Mr. Maddox receives a retainer of $1,000 from the County and $300 from
each of the participating municipalities all of which is paid for by the county ($3,100). In
addition, a fee for service is charged out to the municipality at $100 per hour for
investigations (this is paid by the municipality requiring the investigation).
In a recent meeting held with local administrators, the recommendation was to continue to
utilize the services of Mr. Maddox for the next four years, thereby taking his term into the
first year of the next council.
In the attached letter Mr. Maddox explains the level of activity being generated by his
function. It is important to note that numerous inquiries are being answered by Mr. Maddox
without the need for an investigation.
CONCLUSION:
Local administrators recommend re- appointing Mr. Maddox as Closed Meeting Investigator
for a four -year term.
RECOMMENDATION:
THAT Mr. John Maddox (JGM Consulting) be re- appointed as Closed Meeting Investigator
for the County of Elgin for a four -year term ending on December 31st, 2015; and,
THAT Elgin County agrees to pay Mr. Maddox's retainer fee for Elgin County and its seven
constituent municipalities ($3,100); and,
THAT the Warden and Chief Administrative Officer be authorized and directed to sign the
necessary documents and agreements; and further,
THAT the necessary by -law and agreement be prepared.
All of which is Respectfully Submitted
Mark G. McDonald
Chief Administrative Officer
'GM Consulting
99 Edgevalley Road, Unit #42
London, Ontario N5Y SN1
Phone (519) 951 -0330 - Cell: (519) 851 -3204
E -mail:
September 1st, 2011
Mark McDonald, CAO
County of Elgin
450 Sunset Drive
St. Thomas, Ontario N5R 5V1
Ladies & Gentlemen
Re: Closed Meeting Investigator — Renewal 2012
G 5T##: 851357780 RT0001
RECEIVED
AUUt3 1 2011
COliiiT V Cif ELM
ADINSINATiVE MIMES
It has been a pleasure to serve Elgin County and its constituent Municipalities and. the
City of St. Thomas as your Closed Meeting Investigator for the past 4 years. The activity
Ievel has not likely met the predictions of many but I would suggest that "bodes" well for
the integrity of Local Government and also reflects well in terms of advice and direction
that you can offer.
I can advise that I have completed 17 reviews across the sixty municipalities in which I
have Closed Meeting Investigator responsibilities.
In conjunction with these reviews I have had numerous inquiries from across the area as
to concerns /allegations with respect to Council behaviour. In many cases I have been
able to explain the jurisdiction and process regarding "Closed Meeting Investigations"
which has discouraged the pursuit of a "complaint ". This education component I believe
has had an impact on the number of formal complaints in the area I serve_
The year 2011 has been the first year of a new council" term which I believe has had an
impact on the activity level respecting "Closed Meeting Investigations ". I have
conducted two reviews in 2011 both in Southern Ontario and have taken many general
inquiries as to the legislative provisions.
I have indicated to Mask that I am prepared to continue in this capacity for 2012 under
the same contractual provisions that were in place for 2011 for Elgin County, the lower
tier constituent municipalities and the City of St. Thomas.
Thank you for your consideration with respect to this matter.
Regards,
Encl .
COUNTY OF ELGIN
By -Law No. 11 -24
"BEING A BY- LAW TO REAPPOINT JGM CONSULTING AS THE INVESTIGATOR
PURSUANT TO SECTIONS 8, 9, 10 AND 239.1 OF THE MUNICIPAL ACT, 2001,
S.O. 2001, C.25, AS AMENDED AND TO AMEND BY -LAW NO. 09 -31"
WHEREAS effective January 1, 2008, pursuant to Section 239.1 of the Municipal
Act, 2001, S.O. 2001, c.25, as amended, a person may request an investigation of
whether a municipality or local board has complied with Section 239 of the Municipal Act,
2001 as amended, or a procedural by -law under subsection 238 (2) in respect of a
meeting or part of a meeting that was closed to the public; and
WHEREAS by By -Law No. 07 -38 Council did appoint JGM Consulting as the
Investigator to investigate all requests on behalf of the Municipality and its Local Boards
for a one year term commencing January 1, 2008; and
WHEREAS Council deemed it advisable to reappoint JGM Consulting as the
Investigator for an additional one year term commencing January 1, 2009 under certain
terms and conditions through amending By -Law No. 08 -30; and
WHEREAS Council had deemed it advisable to reappoint JGM Consulting as the
Investigator for a further two years according to the same terms and conditions as agreed
to in amending By -Law No. 08 -30, through the passage of By -Law 09 -31; and
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
hereby enacts as follows:
1. THAT JGM Consulting is hereby reappointed as the independent Investigator to
investigate in accordance with the legislation all requests for an investigation of the
Council and committees of the Municipality and the local boards and their committees of
the Municipality for an additional four -year term commencing January 1, 2012.
2. THAT Schedule "B ", as amended by By -Law No. 08 -30 and further amended by
By -Law No. 09 -31, be further amended by By -Law 11 -24 be approved.
3. THAT this By -Law shall come into force and take effect on January 1, 2012.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF
OCTOBER 2011.
Mark G. McDonald,
Chief Administrative Officer.
Dave Mennill,
Warden.
2
SCHEDULE "A"
By -Law No's. 07 -38, 08 -30, 09 -31, 11 -24
COMPLAINT FORM
MUNICIPAL INVESTIGATION
IN ACCORDANCE WITH
Section 239 of the Municipal Act 2001
(As Amended)
A FEE OF $25.00 MUST ACCOMPANY THIS FORM PRIOR TO BEING PROCESSED.
PLEASE FORWARD COMPLETED FORMS TO:
John Maddox
JGM CONSULTING
#42 — 99 Edgevalley Road
London, Ontario N5Y 5N1
3
COMPLAINT FORM FOR MUNICIPAL INVESTIGATION
Section 239 -- Municipal Act 2001
(As Amended)
COMPLAINANT `S
NAME
ADDRESS
TELEPHONE
I -IoMn
WORK
Er-MAIL
CAN YOUR IDENTITY BE REVEALED DURING THE INVESTIGATION? YES [ ] NO [ ]
• PERSONAL INFORMATION IS COLLECTED UNDER THE AUTHORITY OF SECTION 239 OF THE MUNICIPAL ACT 2001 (AS
AMENDED) AND WILL BE USED BY THE MUNICIPAL INVESTIGATOR TO CARRY OUT AN INVESTIGATION UNDER THE ACT.
NAME OF MUNICIPALITY
DATE OF CLOSED MEETING
MUNICIPAL CONTACT NAME
TELEPIONE
BACKGROUND
This should provide as much information as is required to explain the nature and background of
the particular occurrence. (i.e.) Timing; Municipal Contact; Municipal Explanation.
ACTION 1 Activities that the complainant has undertaken to resolve the matter.
SUMMARY / COMMENTS
4
Date of signature
Signature of Complainant
5
SCHEDULE "B"
By -Law No. 11 -24
RENEWAL AGREEMENT FOR MUNICIPAL INVESTIGATOR
THIS AGREEMENT made as of the 1st day of January, 2012.
BETWEEN: CORPORATION OF THE
(Hereinafter referred to as the "Municipality ")
OF THE FIRST PART
AND:
JGM CONSULTING
(Hereinafter referred to as the "independent Contractor ")
OF THE SECOND PART
WHEREAS:
(A) Section 239.2 of the Municipal Act, 2001, S.D. 2001, c.25 (the "Act "), when
proclaimed in force, authorizes municipalities to appoint an investigator to
investigate in an independent manner any complaint as to whether the
Municipality has complied with the Act or a Municipal procedural by -law in
respect of a meeting or part of a meeting that was closed to the public and to
report on the investigation;
(8) In appointing an investigator and in assigning powers and duties to him, a
municipality is to have regard to, among other things:
i) the investigators independence and impartiality;
ii) confidentiality with respect to the investigator's activities;
iii) the credibility of the investigator's investigative process;
(C) The Municipality is satisfied that the Independent Contractor has the skills and
ability to meet the foregoing criteria.
NOW THEREFORE the parties agree as follows:
1. Services — The Municipality hereby retains and appoints the Independent
Contractor as an Investigator for the purposes of Section 239.2(1) of the Act
and the Independent Contractor agrees to provide such services for and at the
request of the Municipality and accepts such appointment. The Independent
Contractor confirms that services under this agreement will be carried out by
John G. Maddox except as otherwise delegated by John G. Maddox.
2. Duties — The duties of the Independent Contractor shall be:
i) to conduct investigations from time to time as requested by the
Municipality upon receipt of a complaint ( "Complaint ") in respect of
meetings or part of meetings that are closed to the public to determine
compliance with the Act or the Municipal procedural by -law and to report
on the results of such investigations;.
in conducting such investigations, to have regard to the importance of the
matters listed above in recital (8);
iii) to proceed without undue delay and with due diligence to investigate a
Complaint;
iv) to conduct each investigation in private;
v) to hear or obtain information from such persons as the Independent
Contractor thinks fit and to make such inquiries as he thinks fit;
vi) to provide an opportunity to the Municipality or any person that may be
adversely affected by a proposed report of the Independent Contractor,
the opportunity to make representations respecting such report or
recommendation;
6
vii) to preserve confidentiality and secrecy with respect to all matters that
come to his knowledge in the course of performing duties hereunder,
save and except disclosure of such matters as in the Independent
Contractor's opinion ought to be disclosed in order to establish grounds
for his conclusions and recommendations;
viii) after making an investigation, to render his opinion as to whether or not
the meeting or part of the meeting that was the subject matter of the
investigation appears to have been closed to the public contrary to the
Act or Municipal procedural by -law and, in either case, the Investigator
shall report his opinion and the reasons for it to the Municipality and shall
make such recommendations as he thinks fit.
In performing such duties, the Independent Contractor shall have the powers
set out in Subsection 223.1 3(6) and Sections 223.14 to 223.18 of the Act,
copies of which are attached hereto as Appendix "A ".
3. Joint Retainer — The Independent Contractor acknowledges that the
Independent Contractor is appointed as an investigator for each of the
participating member municipalities within the County of Elgin ( "Included
Municipalities "), as shown on Appendix "B" to this Agreement, together with
payment of the Additional Fee defined below. Each Included Municipality
shall enter into separate agreements with the Independent Contractor.
4. Fees
a) Annual Retainer — The Municipality shall pay to the Independent
Contractor on or before the commencement date ONE THOUSAND
DOLLARS ($1,000.00) plus applicable taxes. in order to add the
Included Municipalities to the duties of the Independent Contractor, an
additional fee of THREE HUNDRED ($300.00) for each Included
Municipality shall be paid by the County of Elgin.
b) Hourly Rate — In addition, the Independent Contractor shall be paid a fee
of ONE HUNDRED DOLLARS ($100.00) per hour plus applicable taxes
during such time the Independent Contractor is performing his duties
hereunder. The Independent Contractor agrees such rate shall be
charged only for such time that the Independent Contractor is actively
investigating a Complaint and preparing and presenting his report with
respect thereto. The Independent Contractor shall not charge for travel
time. The Independent Contractor is entitled to be reimbursed for other
reasonable receipted expenses related to his duties, including food and
hotel costs, car rental, kilometre rate at the respective municipal rate or
railway tickets.
c) Responsibility for Payment — The Independent Contractor further
covenants and agrees that his hourly fee and related expenses
hereunder shall be paid by the Municipality against whom the Complaint
is made and which initiated the investigation. The Municipality agrees to
be responsible for such fees and expenses and, notwithstanding the joint
retainer, the independent Contractor shall not hold the other Included
Municipalities responsible for such payment obligation. The Independent
Contractor shall invoice the applicable Municipality upon completion of
his report.
5. Term — The term of this Agreement ( "Term ") is for a four (4) year term
commencing the effective date of the execution of this Agreement and ending
on the first anniversary date thereof unless renewed and/or extended by
agreement of all parties. The Independent Contractor or the Municipality shall
give at least thirty (30) days written notice prior to the end of each year during
the Term of its intent not to continue this Agreement for the balance of the
Term.
6. Taxes — All amounts payable to the Independent Contractor shall be paid
without deduction. The Independent Contractor shall be responsible for any
contributions imposed or required under employment insurance, health tax,
social insurance, income tax law, Worker's Compensation (if elected to enrol),
pension with respect to any amounts paid to the Independent Contractor. The
Municipality assumes no obligation or liability as between the parties to this
7
Agreement to deduct or remit any statutory or government remittances.
7 Independent Contractor — The Independent Contractor is a contractor
independent of the Municipality. Nothing herein shall be interpreted to create
a relationship of employer /employee, partnership, franchise, agency or joint
venture or other like arrangement.
8. Delegation — In the event more than one Complaint is made at any one time
requiring more than one investigation, the Independent Contractor may
determine that it is necessary to delegate some or all of his powers and duties,
then he may do so in writing to any person other than a member of council,
provided that the person to whom such delegation is made agrees in writing to
be governed by the same duties of secrecy as the Independent Contractor
and to abide by the terms and conditions of this Agreement. Such person
shall always be under the supervision and direction of the Independent
Contractor. Such delegation shall not be to a member of council or staff of
any Municipality and shall not result in any additional costs or fees to the
Municipality. Invoices shall be rendered by the Independent Contractor and
payment made to the Independent Contractor and the Independent Contractor
shall otherwise be responsible for the fees and disbursements of any of his
delegates.
9. Binding — This Agreement shall inure to the benefit of and bind the parties and
their respective heirs, successors and permitted assigns.
10. Indemnification — The Municipality agrees to indemnify and save harmless the
Independent Contractor, its agents and assigns, from and against any and all
liabilities, losses, suits, claims, demands, damages, expenses, costs
(including all legal costs), fines and actions of any kind or nature whatsoever
arising out of or in connection with the Independent Contractor's provision of
services and carrying out of its duties including, but not limited to, any alleged
breach of this agreement, any procedural defect or other breach of relevant
statutory provisions.
11. Entire Agreement — This Agreement contains the entire agreement between
the parties and supersedes all previous negotiations, understandings and
agreements, verbal or written with respect to any matters referred to in this
agreement.
IN WITNESS HEREOF, each of the parties hereto have set its hand and seal as of this
day of ,2011.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF
THE COUNTY OF ELGIN
Warden Chief Administrative Officer
The Independent Contractor hereby accepts and agrees to the terms and conditions
herein contained.
JGM CONSULTING
Witness John G. Maddox for JGM Consulting
8
APPENDIX "A"
By -Law No's. 07 -38, 08 -30, 09 -31, 11 -24
In performing Investigator duties, the Independent Contractor shall have the powers
set out in Subsection 223.13(6) and Sections 223.14 to 223.18 of the Act, as
follows:
Ombudsman
Powers paramount
223.13(6) The powers conferred on the Ombudsman under this Part may be exercised
despite any provision in any Act to the effect that any such decision, recommendation, act
or omission is final, or that no appeal lies in respect of them, or that no proceeding or
decision of the person or organization whose decision, recommendation, act or omission it
is shall be challenged, reviewed, quashed or called in question.
Investigation
223.14 (1) Every investigation by the Ombudsman shall be conducted in private.
Opportunity to make representations
(2) The Ombudsman may hear or obtain information from such persons as he or she
thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for
the Ombudsman to hold any hearing and no person is entitled as of right to be heard by
the Ombudsman, but if at any time during the course of an investigation it appears to the
Ombudsman that there may be sufficient grounds for him or her to make any report or
recommendation that may adversely affect the municipality, a local board, a municipally -
controlled corporation or any other person, the Ombudsman shall give him, her or it an
opportunity to make representations respecting the adverse report or recommendation,
either personally or by counsel.
Application of Ombudsman Act
(3) Section 19 of the Ombudsman Act applies to the exercise of powers and the
performance of duties by the Ombudsman under this Part.
Same
(4) For the purposes of subsection (3), references in section 19 of the Ombudsman Act
to "any governmental organization ", "the Freedom of Information and Protection of Privacy
Act" and "the Public Service of Ontario Act, 2006" are deemed to be references to "the
municipality, a local board or a municipally - controlled corporation ", "the Municipal Freedom
of information and Protection of Privacy Act" and "this Act ", respectively.
Duty of confidentiality
223.15 (1) Subject to subsection (2), the Ombudsman and every person acting under
the instructions of the Ombudsman shall preserve secrecy with respect to all matters that
come to his or her knowledge in the course of his or her duties under this Part.
Disclosure
(2) The Ombudsman may disclose in any report made by him or her under this Part
such matters as in the Ombudsman's opinion ought to be disclosed in order to establish
grounds for his or her conclusions and recommendations.
Section prevails
(3) This section prevails over the Municipal Freedom of Information and Protection of
Privacy Act.
No review, etc.
223.16 No proceeding of the Ombudsman under this Part shall be held bad for want of
form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the
Ombudsman is liable to be challenged, reviewed, quashed or called in question in any
court.
9
Testimony
223.17 (1) The Ombudsman and any person acting under the instructions of the
Ombudsman shall not be called to give evidence in any court, or in any proceedings of a
judicial nature, in respect of anything corning to his or her knowledge in the exercise of his
or her functions under this Part.
Same
(2) Anything said or any information supplied or any document or thing produced by any
person in the course of any investigation by or proceedings before the Ombudsman under
this Part is privileged in the same manner as if the inquiry or proceedings were
proceedings in a court.
Effect on other rights, etc.
223.18 The rights, remedies, powers, duties and procedures established under sections
223.13 to 223.17 are in addition to the provisions of any other Act or rule of law under
which any remedy or right of appeal or objection is provided for any person, or any
procedure is provided for the inquiry into or investigation of any matter, and nothing in this
Part limits or affects any such remedy or right of appeal or objection or procedure.
10
APPENDIX "B"
By-Law No. 11 -24
INCLUDED MUNICIPALITIES
The Included Municipalities under this Agreement shall be:
The Corporation of the Municipality of Bayham
The Corporation of the Municipality of Central Elgin
The Corporation of the Municipality of DuttonlDunwich
The Corporation of the Municipality of West Elgin
The Corporation of the Town of Aylmer
The Corporation of the Township of Malahide
The Corporation of the Township of Southwold