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June 13, 2013
MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING JUNE 13, 2013 COUNCIL CHAMBERS, WEST ELGIN MUNICIPAL BUILDING ------------------------------------------------------------------------------------------------------------ DISCLOSURE OF PECUNIARY INTEREST ADOPTION OF AGENDA MINUTES (Al — A24) *May 9, 2013 Council *May 23, 2013 Council *May 23, 2013 Public Meeting —Zoning Amendment (Boekhorst) *May 23, 2013 Public Meeting — Zoning Amendment (M Wiehle) *May 23, 2013 Public Meeting —Zoning Amendment (Begin) BUSINESS ARISING FROM MINUTES DELEGATIONS REPORTS (C1-C10) 1. ROADS a) `Monthly Report b) Quotes for % ton pick-up truck c) Tender for tandem truck 2. RECREATIONIEMERGENCY MANAGEMENT a) *Monthly Report 3. BUILDING June 13, 2013 .............Page 2 4. WATER a) *Monthly Report 5. BY-LAW ENFORCEMENT a) *Monthly Report 6. DRAINS a) Appointment of Engineer— drainage petition (Watterworth) b) Drainage Apportionment— Fleming Creek Drain (Boekhorst) c) Drainage Apportionment— Green Drain (Simon) d) Drainage Apportionment— Milton Drain (Begin) 7. WEST ELGIN PRIMARY SYSTEM 8. ADMINISTRATION a) *Report re: Appointment of External Auditor b) *Report re: Elgin Economic Development Advisory Group c) *Report re: Municipal Liability Reform d) *Report re: RCO Phase 2 Funding Agreement e) *Report re: Port Glasgow Trailer Park f) *Report re: 2013 Budget - Final g) *Report re: Hours of Operation for Service Ontario h) *Report re: Thompsons —surplus railway lands i) *Report re: West Lorne Heritage Homes Community Hub 9. PLANNING 10. ACCOUNTS June 13, 2013 .............Page 3 CORRESPONDENCE (D1 —1316) COUNCIL CONSIDERATION — ACTION RECOMMENDED: 1.* Mayor's Coalition Steering Committee — request for support of a resolution appointing and directing executive committee for 2013; 2.* Town of East Gwillimbury— request for support of a resolution regarding commercial fill operations; 3.* Municipality of Kincardine advising "Not a Willing Host Community" for Industrial Wind Turbines; 4.* Municipality of North Middlesex advising "Not a Willing Host Community" for Industrial Wind Turbines; 5.* "; City of Peterborough requesting support for a province-wide strategy for management of Emerald Ash Borer; 6.* Township of Malahide requests for support of a resolution regarding the Drive Clean program; 7.* Town of Lakeshore requests support of a resolution requesting financing for maintenance and repair work on 400 series highway approaches and overpasses.; 8.* Municipality of Central Elgin requests letter of support for future development of sports & recreation facility in Elgin County; 9.* Elgin County O.P.P. Detachment — Statistical information for 2012; 10.* Township of Ashfield, Colborne, Wawanosh requests for support of resolution to the Alcohol & Gaming Commission to exempt Stag & Does for Special Occasion Permits; 11,* Municipality of Central Huron advising "Not a Willing Host Community" for Industrial Wind Turbines; 12.* Ministry of Consumer Services — update on Ontario's one-call-to dig system; 13.* Town of Petrolia advising "Not a Willing Host Community" for Industrial Wind Turbines; 14.* Bastien/Begin letter requesting to support for passage of a deeming by- law and waive the application fee; 15.* Corporation of the Township of Huron-Kinloss advising "Not a Willing Host Community" for Industrial Wind Turbines; 16.* Township of West Lincoln advising "Not a Willing Host Community" for Industrial Wind Turbines and will not participate in a Community Vibrancy Turbine agreement; RECOMMENDED TO ACCEPT & FILE: 18. AMO • Watch file— May 16, 2013 • Watch file — May 23, 2013; June 13, 2013 .............Page 4 • Watch file — May 30,2013; • New Municipal investment Basics Seminars • Renewable Energy Changes; • Watch file — June 6, 2013; 19. CAA Annual Worst Roads Campaign; 20. Community Safety Net Team — letter of thanks; 21. Thames Valley District School Board — 2013 Director's Annual Report; 22. Elgin County Land Division Committee — Notice of Decision - #E28113- McKillop; 23. Elgin County Land Division Committee —Amendment to Application # El 04/12-Swa i n I P i l key; 24. Fisheries & Oceans -- Family Fishing Event — July 6-14; 25. Chatham-Kent— Open House on June 5th re: Official Plan; 26. Elgin Detachment O.P.P. — 2013 Business Plan. BY-LAWS: By-law No. 2013-32 Zoning Amendment - Third Street (Begin) By-law No. 2013-40 Authorize agreement with Tonda Construction — Recreation centre upgrades By-law No. 2013-41 Authorize Phase 2 funding agreement— RCO By-law No. 2013-42 Budget By-law MINUTES (E1-E2) *West Elgin Arena Board — April 9, 2013 *Tri County Management Committee —April 30, 2013 NOTICE OF MOTION (F) OTHER BUSINESS (G1-G2) 1. Council announcements 2. Closed session — legal * Information enclosed June 13, 2013 .............Page 5 CONFIRMING BY-LAW ADJOURNMENT NEXT MEETINGS: June 27, 2013 Council — Planning July 18, 2013 Council — Planning August 8, 2013 Council — Regular Information will be gathered in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). All comments and communications received will become part of the public record unless you expressly request the Municipality to remove it. Questions about the collection of personal information may be directed to the Clerk. MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS MAY 9, 2013 MEMBERS PRESENT: Mayor Bernie Wlehle Deputy Mayor Mary Bodnar Councillors Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Scott Gawley AdministratorlTreasurer Norma Bryant Clerk Paul Van Vaerenbergh Road Superintendent Jeff Slater Recreation Superintendent DISCLOSURE OF PECUNIARY INTEREST None declared ADOPTION OF AGENDA RES. NO. 1 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin approves the agenda for May 9, 2013 as printed and circulated with the following addition: • Wendie Dupuis- Information sessions on Blue Flag DISPOSITION: Carried DELEGATION Wendie Dupuis presented Council with an information flyer on upcoming session on Blue Flag beaches. Dates and location of sessions will be provided when received. APPROVAL OF MINUTES RES. NO. 2 Moved by Bodnar Seconded by Aldred RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated: April 10, 2013 Special Council- Budget April 11, 2013 Council April 25,2013 Council DISPOSITION: Carried BUSINESS ARISING FROM MINUTES 1�a May 9, 2013 ....Page 2 of 7 REPORTS 1. ROADS Roads Monthly Report RES. NO.3 Moved by Bodnar Seconded by Aldred RESOLVED that the April 2013 Roads Report be received. DISPOSITION: Carried b)Asphalt Tender The following tenders for asphalt were received: Milling per m3 Asphalt per tonne TOTAL Huron Construction $30.00 $75.50 $212,600.00 Del-Ko Paving $35.00 $86.53 $243,684.00 Dufferin Construction $56.00 $78.57 $222,236.00 Walmsley Bros. Ltd. $10.00 $68.16 $191,248.00 RES. NOA Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Walmsley Bros. in the amount of$191,248.00 plus taxes for the supply and place of 2,800 tonnes of asphalt DISPOSITION: Carried 2. RECREATION a) Recreation Monthly Report RES. NO.5 Moved by Miller Seconded by Leatham RESOLVED that the Recreation Report dated May 9, 2013 be received; AND that Marty Kool be advised that a decision on food trailer in Miller Park be deferred to 2014, DISPOSITION: Carried b) Report—Criminal Record Checks RES. NO. 6 Moved by Bodnar Seconded by Leatham RESOLVED THAT Council direct staff to develop a policy relating to the requirement of municipal staff to have Criminal Records Checks, including Vulnerable Sector Screening; AND FURTHER that all municipal staff that operate municipal equipment shall have an annual drivers abstract research. DISPOSITION: Carried 3. BUILDING A-3 May 9, 2013 ....Page 3 of 7 4. WATER a Report-M.O.E.Audit Compliance Item RES. NO.7 Moved by Miller Seconded by Leatham RESOLVED that the report from Stantec Consulting Ltd. be received; AND FURTHER that staff review the recommendations with the Operating Staff for recommendations to Council. DISPOSITION: Carried 5. BY-LAW ENFORCEMENT REPORT a Report-Potential By-law to Regulate Oven Burning RES. NO. 8 Moved by Leatham Seconded by Aldred RESOLVED that the report from the Administrator/Treasurer re: Potential By-law to Regulate Open Burning be received; AND that Administration and Fire Department staff be directed to prepare an Open-Air Burning By-law for Council's consideration. DISPOSITION: Carried 6. DRAINS a Drainage Petition-Lot 19 Concession 8 Watterworth RES. NO. 9 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin accepts the drainage Petition from John Watterworth for drainage work on Concession 8, Part Lot 19, under Section 4 of the Drainage Act. DISPOSITION: Carried 7. WEST ELGIN PRIMARY SYSTEM 8. ADMINISTRATION a) Report-Ontario Regulation 284109 RES. NO. 10 Moved by Bodnar Seconded by Aldred RESOLVED that the report from the Administration re; Ontario Regulation 281109 be approved. DISPOSITION: Carried b) Replacement of range hood at PGTP food booth The following quotes were received for the replacement of the range hood at the food booth: QUOTE (plus taxes) J.R. Robertson Industrial Metal Service $ 9,500.00 Sentry Fire Protection $15,149.00 Access Fire $15,900.00 May 9, 2013 ....Page 4 of 7 RES. NO. 11 Moved by Miller Seconded by Leathern RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of J.R. Robertson Industrial Metal Services in the amount of $9,500.00 plus taxes for supply and install of a new Range Hood and Fire Suppression System for the Port Glasgow Trailer Paris store. DISPOSITION: Carried 9. PLANNING 10. ACCOUNTS RES. NO.12 Moved by Aldred Seconded by Bodnar RESOLVED that the Mayor and Administrator/Treasurer are hereby authorized to sign Payment Voucher#5 amounting to $260,870.00 in settlement of General, Road,Water, and Arena Accounts(including cheques#14153 to#14209) DISPOSITION: Carried CORRESPONDENCE -COUNCIL CONSIDERATION RECOMMENDED 1. OCWA-Holly Wirth—Notice of Public Meeting for the peroxidel2roject Receive and file 2. Optimist Club of West Lorne—request for donation for car show RES. NO. 13 Moved by Aldred Seconded by Bodnar RESOLVED that Council authorize a grant in the amount of $3000.00 to Optimist Club of West Lorne for the annual car show on June 30, 2013. DISPOSITION: Carried 3. Intech Clean Energy Inc.—Archaeological Assessment from MCTS Receive and file 4. Kiwanis Club of Rodney—re guest to manage Joe's Bush: RES. NO. 14 Moved by Miller Seconded by Bodnar RESOLVED that staff is hereby directed to develop a policy for Joe's Bush. DISPOSITION: Carried 5. MPoWER-request for road closure for Cactus Cattle &Cowboys After discussion of the proposed route with the Road Superintendent,the Deputy Mayor will discuss with the committee. CORRESPONDENCE RECOMMENDED TO ACCEPT&FILE 6.Thames Talbot Land Trust—Newsletter dated May, 2013• Receive and file A-5 May 9, 2013 ....Page 5 of 7 7. Lower Thames Conservation Authority—Healthy Hikes Challen e: Receive and file 8. Ministry of Agriculture & Food-Ministry of Rural Affairs —Drainage Act and Conservation Authorities Act Protocol Receive and file 9. Elgin St. Thomas Healthy Communities Partnership—Bike Summit Receive and file 10. Inde endent Electricity System O erator—2012 Annual Report Receive and file 11.Ministry of Citizenship & Immigration-Ontario Medal for Good Citizenship Receive and file RES. NO. 15 Moved by Leatham Seconded by Miller RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried BY-LAWS 1. By-Law No. 2013-35—Agreement with Commissioners for by-law enforcement RES. NO.16 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement between the Municipality of West Elgin and Commissioners(Great Lakes)for by- law enforcement and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES, NO. 17 Moved by Leatham Seconded by Miller RESOLVED that a By-law to authorize the execution of an agreement between the Municipality of West Elgin and Commissioners (Great Lakes)for by-law enforcement be now read a third time and finally passed, signed, sealed and numbered By- law Number 2013-37—Agreement -Commissioners DISPOSITION: Carried 2. By-Law No. 2013-36—Agreement with Andrea&Sylvia Hunniford for the operation of the Port Glasgow Trailer Paris RES. NO.18 Moved by Leatham Seconded by Aldred RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement between the Municipality of West Elgin and Andrea and Sylvia Hunniford for the operation of the Port Glasgow Trailer Park and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried l �J� May 9, 2013 ....Page 6 of 7 RES. NO.19 Moved by Bodnar Seconded by Miller RESOLVED that a By-law to authorize the execution of an agreement between the Municipality of West Elgin and Andrea and Sylvia Hunniford for the operation of the Port Glasgow Trailer Paris be now read a third time and finally passed, signed, sealed and numbered By-law Number 2013-36--Agreement -Andrea &Sylvia Hunniford. DISPOSITION: Carried MINUTES RES. NO. 20 Moved by Aldred Seconded by Bodnar RESOLVED that the minutes of the following committee meetings be received: Tri County Management Committee—January 29, 2013 West Elgin Arena Board—February 18, 2013 DISPOSITION: Carried OTHER BUSINESS 1. Letter of surmort for MPoWER grant application to County of Elgin RES. NO. 21 Moved by Miller Seconded by Aldred RESOLVED that Council agrees to send a letter of support to the County of Elgin in support of MPoWER grant application. DISPOSITION: Carried 2. Council Announcements -Community Policing Committee invites Mayor to dinner on June 121h -Community Policing Committee is donating two helmets to Tiny Tots - Proposed budget discussed at Chamber meeting which will be presented to Council -Parks Committee finalizing plans for community run, volunteers are welcome CLOSED SESSION RES. NO.22 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss: • personal matters about an identifiable individual(M.A. s.239 (2) (b) • a proposed or pending acquisition of disposition of land (M.A. s 239 (2) (c) DISPOSITION: Carried RES. NO.23 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin do now rise and report DISPOSITION: Carried A-� May 9, 2013 ....Page 7 of 7 RISE AND REPORT The Mayor reported that Council received reports on an identifiable individual and a proposed land acquisition. CONFIRMING BY-LAW RES. NO.24 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting held on May 91h, 2013 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.25 Moved by Bodnar Seconded by Aldred RESOLVED that a By-law to confirm the proceedings of the meeting held on May 9th, 2013 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2013-37 Confirming By-law dated May 9 2013 DISPOSITION: Carried ADJOURNMENT RES. NO.26 Moved by Miller Seconded by Leatham RESOLVED that this Regular Meeting of Council shall adjourn at 11:55 a.m.to meet again on May 23, 2013 DISPOSITION: Carried These minutes were adopted on the 13th June, 2013. Mayor Clerk MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS MAY 23, 2013 PRESENT Mayor Bernie Wiehle Deputy Mayor Mary Bodnar Councillors Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT Scott Gawley,Administrator/Treasurer Ted Halwa, Planner CALL TO ORDER The Mayor called the meeting to order at 9:30 a.m. DECLARATION OF PECUNIARY INTEREST The Mayor declared a conflict of interest with the rezoning application for Manfred Wiehle and By-law No. 2013-34 and stated he would be refraining from all voting and discussion on the rezoning application. Councillor Aldred declared a Conflict of Interest as an assessed ratepayer on the tenders for McEachren Drain Branches and Dymock-Aldred Drain and stated he would be refraining from all voting and discussion on the tenders. ADOPTION OF AGENDA RES. NO. 1 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin approves the agenda for May 23, 2013 as printed and circulated DISPOSITION: Carried APPROVAL OF MINUTES BUSINESS ARISING FROM MINUTES DELEGATIONS 11:30 am—Valerie Towsley. Lower Thames Valley Conservation Authorit Ms.Towsley gave a PowerPoint presentation on Conservation Authority Regulations and in particular wetlands. She noted that the CA do not have the drainage mapping and relies on ratepayers for information on agricultural tile draining that may affect wetlands. A-9 May 23, 2013 .....Page 2 of 9 1:30 pm. -Christene Scrim,eour. Scrimaeour&Company presented the 2012 Audi_ t Report RES. NO. 2 Moved by Miller Seconded by Leatham RESOLVED that Council approves the Consolidated Financial Report as at December 31, 2012 prepared by Scrimgeour& Company. DISPOSITION: Carried 2:OOpm—Laverne Kirkness, Kirkness Consulting—amendment to zoning by-law for commercial block Mr. Kirkness is requesting the reactivation of the Seaside rezoning application for the commercial block at the bottom of Havens Lake Road. They will present further details at the June meeting regarding servicing, building design, etc. He presented Council with a sketch of what they are looking at now. Surplus lands are not included and this sketch is similar to the one originally filed with Council (2010). Council raised questions about the height of the building which may take away from the sight lines down Havens Lake Road; location of parking,difference with plan presented to public by Seaside at St. Mary's Hall; interim servicing. PLANNING 1. Report re: Zoning Amendment—Lot B Concession Gore Boekhorst RES. NO. 3 Moved by Bodnar Seconded by Aldred RESOLVED that the report from Monteith Brown re: Amendment to Zoning By-law—Lot B, Gore Concession (Boekhorst) be received. DISPOSITION: Carried The Mayor vacated his seat as Chair for the following report and did not participate in any discussion thereof. The Deputy Mayor assumed the position of Chair. 2. Report re: Zoning Amendment—Lot 1. Concession 13(M Wiehle) RES. NO.4 Moved by Aldred Seconded by Bodnar RESOLVED that the report from Monteith Brown re: Ame n dment to Zon Ing By-law—Lot 1, Concession 13 (M Wiehle)be received. DISPOSITION: Carried The Mayor returned to the meeting. May 23, 2013 .....Page 3 of 9 3. Report re: Zoning Amendment—Lot B Concession 13 Hibernia Wine RES. NO, 5 Moved by Leatham Seconded by Miller RESOLVED that the report from Monteith Brown re: Amendment to Zoning By-law—Lot B, Concession 13 (Trickey) be received. DISPOSITION: Carried 4. Report re: Zoning Amendment—204 Third Street Rodney(Begin) RES. NO.6 Moved by Miller Seconded by Leatham RESOLVED that the report from Monteith Brown re: Amendment to Zoning By-law—204 Third Street, Rodney (Begin) be received. DISPOSITION: Carried 5. Draft By-law for Harvesters Ba tist Church The Planner reported that the owners were in agreement with the by-law restrictions. A site plan should be ready for the June meeting. 6. Re ort re: Lakeview Aldborou h Bluffs—deferred from April 25th me_ eting A resolution to receive the report from Monteith Brown did not receive a seconder, therefore Council did not support the report. The Planner left the meeting REPORTS 1. ROADS 2. RECREATIONIEMERGENCY MANAGEMENT 3. BUILDING 4.WATER 6. BY-LAW ENFORCEMENT 6. DRAINS Councillor Aldred sat as a ratepayer for the following two tenders. a)Tender for McEachren Drain Branches The following tenders were received: TOTAL(plus taxes) A.G. Hayter Contracting $43,920 Robinson Farm Drainage $48,850 Van Bree Drainage $45,335 n � ll May 23, 2013 .....Page 4 of 9 RES. NO. 7 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin accepts the tender of A.G. Hayter Contracting in the amount of$43,920.00 plus taxes for McEachren Drain Branches. DISPOSITION: Carried b)Tender for D mock-Aldred Drain The following tenders were received: TOTAL (plus taxes) A.G. Hayter $34,550 Van Bree Drainage $32,510 RES. NO. 8 Moved by Bodnar Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Van Bree Drainage in the amount of $32,510.00 plus taxes for Dymock-Aldred Drain. DISPOSITION: Carried c)Tender for Crandall Drain The following tenders were received: TOTAL(plus taxes) A.G. Hayter Contracting $72,500 Robinson Farm Drainage $69,200 Van Bree Drainage $66,795 RES. NO. 9 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Van Bree Drainage in the amount of $66,795.00 plus taxes for Crandall Drain. DISPOSITION: Carried d)Tender for Dunborou h Road Culverts Council reviewed the report from Spriet Associates and noted that the following tenders were received: TOTAL(plus taxes) Birnam Excavating $78,122.13 A-Excavating $84,010.00 Gary D. Robinson Contracting $90,940.00 Aar-Con Excavating $99,700.00 RES. NO. 10 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Birnam Excavating in the amount of $78,122.13 plus taxes for Dunborough Road Culverts. DISPOSITION: Carried 7. WEST ELGIN PRIMARY SYSTEM A-�7- May 23, 2013 .....Page 5 of 9 8.ADMINISTRATION a) 231 Graham Road RES. NO. 11 Moved by Miller Seconded by Bodnar RESOLVED that Council directs staff to investigate the possible offer on 231 Graham Road AND further,to investigate the costs of temporary repairs to the building. DISPOSITION: Carried 9.A000UNTS RES. NO.12 Moved by Aldred Seconded by Bodnar RESOLVED that the Mayor and Administrator/Treasurer are hereby authorized to sign Payment Voucher#5A amounting to$154,114.86 in settlement of General, Road, Water, and Arena Accounts (including cheques#14210 to#14272) DISPOSITION: Carried CORRESPONDENCE: 1. Elgin Eider Abuse Resource Committee—request for proclamation 2. FCHS Foundation—fundin request 3.West Elgin Chamber of Commerce—re uest for annual arant 4. Ontario Provincial Police—financial impact of 2010 Public Sector Compensation Framework Agreement 5. Brad Fishlei h OPP—Elgin County Emergency EmeLgency Detour Routes 6. Canada Day Committee—request support for Canada Day celebrations RES. NO. 13 Moved by Miller Seconded by Leatham RESOLVED that Council of the Municipality of West Elgin supports the request by the Canada Day Committee to: (a) Hold Canada Day Celebrations at Miller Park on July 1$1 2013; (b) Provide a grant for the use of the arena for July 1 st 2013; (c) To authorize the request for funding for the Celebrate Canada program through Heritage Canada; (d) Provide a grant to cover the fireworks expenses. DISPOSITION: Carried 7. St. Iliiah Serbian Orthodox Church—request for support of"celebration Picnic"to be held on August 4.2013, May 23, 2013 .....Page 6 of 9 RES. NO. 14 Moved by Aldred Seconded by Bodnar RESOLVED that Council has no objections to the St. Ilijah Serbian Orthodox Church holding a celebration picnic including the serving of alcohol on August 4, 2013 at their church in Eagle. DISPOSITION: Carried 8. MPoWER—request support for road closure for Cactus Cattle and Cowbovs parade on July 20. 2013. RES. NO, 15 Moved by Leatham Seconded by Miller RESOLVED that Council of the Municipality of West Elgin supports the request of MPoWER to close Graham Road from Munroe Street to 170 Graham Road (entrance to West Elgin Arena)and Main Street from Evandale Street to Graham Road on Saturday July 201', 2013 from 12:00 p.m. (noon)to 1:00 p.m.for the Cactus, Cattle and Cowboys horse parade. DISPOSITION: Carried RES. NO. 17 Moved by Aldred Seconded by Bodnar RESOLVED that the above correspondence items numbered #1,#2,#3,#4, #5 be received and filed. DISPOSITION: Carried BY-LAWS 1. By-Law No. 2012-12—Amend Danby Drain By-law No 2010-68 RES. NO.18 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-law to amend By-law No. 2010-68 providing for the construction of the Danby Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: CARRIED RES, NO. 19 Moved by Bodnar Seconded by Aldred RESOLVED that a by-law to amend By-law No. 2010-68 providing for the construction of the Danby Drain be now read a third time and finally passed, signed, sealed and numbered By-Law Number 2012-22-Amend Danby Drain. DISPOSITION: Carried 2. By-Law No. 2013-16—Zone Amendment—Harvesters Baptist Church RES. NO.20 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-law to amend Township of Aldborough Zoning By-law No. 90-50,to change the zoning of lands in Part of Lot 9, Concession 3,from the Institutional (1)Zone to the'site- specific' Institutional- Holding (1-4-H)Zone, and that this May 23, 2013 .....Page 7 of 9 RES. NO. 20 cont'd shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.21 Moved by Miller Seconded by Aldred RESOLVED that a by-law to amend The Township of Aldborough Zoning By-law No. 90-50 to change the zoning of lands in Part of Lot 9, Concession 3,from the Institutional (1) Zone to the 'site-specific' Institutional-Holding (1-4-H)Zone, shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2013-16—Zone Amendment—Harvesters Baptist Church DISPOSITION: Carried 3. By-law No. 2013-31 —Zone Amendment—Boekhorst RES. NO. 22 Moved by Miller Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By-law to amend Township of Aldborough Zoning By-law No. 90-50, to change the zoning of lands in Part of Lot B, Gore Concession,from the Agricultural (Al)Zone to the'site- specific'Agricultural (A1-93)Zone and to 'site-specific' Special Agricultural (A2-28)Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 23 Moved by Leatham Seconded by Miller RESOLVED that a by-law to amend The Township of Aldborough Zoning By-law No. 90-50 to change the zoning of lands in Part of Lot B, Gore Concession,from the Agricultural (Al)Zone to the'site-specific'Agricultural(A1-93)Zone and to 'site-specific' Special Agricultural(A2-28)Zone shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2013-31 --Zone Amendment — Boekhorst DISPOSITION: Carried The Mayor declared a conflict of interest with the following by-law and did not participate in any discussion thereon. The Deputy Mayor assumed the position of Chair. 4. By-law No. 2013-34—Zone Amendment—M.Wiehle RES, NO. 24 Moved by Leatham Seconded by Aldred RESOLVED that the mover be granted leave to introduce a By-law to amend Township of Aldborough Zoning By-law No. 90-50,to change the zoning of lands in Part of Lot 1, Concession 13,from the Agricultural (Al)Zone to the'site- specific'Agricultural (A1-92)Zone and to 'site-specific' Special Agricultural (A2-27)Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried May 23, 2013 .....Page 8 of 9 RES. NO. 25 Moved by Miller Seconded by Leatham RESOLVED that a by-law to amend The Township of Aldborough Zoning By-law No. 90-50 to change the zoning of lands in Part of Lot 1, Concession 13,from the Agricultural (Al)Zone to the `site-specific'Agricultural (A1-92)Zone and to`site-specific' Special Agricultural (A2-227)Zone shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2013-334—Zone Amendment — M Wiehle DISPOSITION: Carried 5. By-law No. 2013-38—Amend Wismer Drain RES. NO. 26 Moved by Bodnar Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By-law to amend By-law No. 2009-46 providing for the construction of the Wismer Drain No, 2 Branch a&B and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 27 Moved by Leatham Seconded by Miller RESOLVED that a by-law to amend By-law No. 2009-46 providing for the construction of the Wismer Drain No. 2 Branch A&B be now read a third time and finally passed, signed, sealed and numbered By-Law Number 2013-38- Amend Wismer Drain. DISPOSITION: Carried MINUTES RES. NO. 28 Moved by Miller Seconded by Leatham RESOLVED that the minutes of the following committee meeting be received: West Elgin Chamber of Commerce—Annual Meeting, October 2, 2012 DISPOSITION: Carried OTHER BUSINESS CLOSED SESSION RES. NO.29 Moved by Bodnar Seconded by Aldred RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session at 3:20 pm to discuss an issue involving a personal matter about an identifiable individual (M.A. s.239(2)(b), DISPOSITION: Carried RES. NO.30 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin do now rise and report A-16 DISPOSITION: Carried May 23, 2013 .....Page 9 of 9 RISE AND REPORT RES. NO. 31 Moved by Leatham Seconded by Bodnar RESOLVED that Council accept the resignation of the Road Superintendent with regret and that a job posting be advertised internally and externally at the same time. DISPOSITION: Carried CONFIRMING BY-LAW RES. N0.32 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting held on May 23rd, 2013 and this shall be the first and second reading and provisional adoption thereof DISPOSITION: Carried RES. NO.33 Moved by Bodnar Seconded by Aldred RESOLVED that a By-law to confirm the proceedings of the meeting held on May 23rd, 2013 be now read a third time and finally passed, signed,sealed and numbered Confirming By- law Number 2013-39 dated May 23, 2013 DISPOSITION: Carried ADJOURNMENT RES, NO.34 Moved by Leatham Seconded by Miller RESOLVED that this Regular Meeting of Council shall adjourn at 3:00 pm to meet again on June 13, 2013, DISPOSITION: Carried These minutes were adopted on the 13'"June, 2013 Mayor Cleric A- 11 MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS MAY 23,2013 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Scott Gawley AdministratorlTreasurer Norma Bryant Clerk ALSO IN ATTENDANCE Ted Halwa Planning Consultant SUBJECT: REZONING—PART LOT B, GORE CONCESSION (BOEKHORST) Also in attendance: Henk Boekhorst The Mayor called the meeting to order at 9:30 a.m..The Clerk informed those present that notice of this meeting had been given under Section 34(12)of the Planning Act first class mail to all assessed owners within 150 metres of the subject property as well as provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority which indicated no objection. The proposed amendment would change the zoning of lands lying on the south side of Hoskins Line east of McPherson Road from the Agricultural(A1)Zone to a 'site-specific' Special Agricultural (A2-#)Zone and to a 'site-specific'Agricultural(A1-#)Zone. The amendment would also fulfill a condition imposed by the County of Elgin Land Division Committee in granting Application for Consent E60/12 to dispose the surplus farm dwelling situated on the lands. The lands proposed to be rezoned 'site-specific' Special Agricultural (A2-#) comprise an area of 1.1 hectares(2.7 acres), a frontage of 130 metres(427 ft)and a depth of 85 metres(279 ft). The parcel is occupied by a single unit dwelling (erected circa 1960), detached garage, barn and corn crib. No change in use is proposed. The lot would satisfy the minimum lot area and minimum lot frontage requirements(4,000 sq. m and 50 m respectively) of the A2 zone but would exceed the maximum lot area requirement of 1.0 ha.All other requirements are capable of being satisfied. Permitted uses of the A2 zone include a single unit detached dwelling, bed and breakfast establishment, home occupation and an agricultural use. The lands proposed to be rezoned 'site-specific'Agricultural (A1-#) comprise an area of 38.9 hectares (96 acres)and a frontage of 493 metres (1,617 ft). The parcel has been cleared for agricultural purposes with the exception of a woodlot in the northwest portion of the parcel. No change in use is proposed. The lot would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone.The 'site- A- -t� May 23113...Pg 2 of 2 specific'(i.e. A3-#)zoning would prohibit a dwelling on the lands as stipulated by the Provincial Policy Statement(PPS)and the Municipality of West Elgin Official Plan.would prohibit a dwelling on the lands as stipulated by the PPS and the Municipality of West Elgin Official Plan. The subject lands are designated 'Agricultural' in the Municipality of West Elgin Official Plan. SUBJECT: ADJOURNMENT RES. NO. 1 Moved by Aldred Seconded by Bodnar RESOLVED that the public meeting concerning a proposed Zoning By-law Amendment for lands located at part of Lot B, Gore Concession (Boekhorst) be adjourned. DISPOSITION: Carried These minutes were adopted on this 13"day of June, 2013. MAYOR CLERK A-iq MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS MAY 23, 2013 MEMBERS PRESENT: Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Scott Gawley Administrator/Treasurer Norma Bryant Clerk ALSO IN ATTENDANCE Ted Halwa Planning Consultant SUBJECT: REZONING—PART LOT 1,CONCESSION 13 (MANFRED WIEHLE) The Mayor called the meeting to order at 9:30 a.m.. The Clerk informed those present that notice of this meeting had been given under Section 34(12)of the Planning Act first class mail to all assessed owners within 150 metres of the subject property as well as provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority which indicated no objection. The proposed amendment would change the zoning of lands lying on the south side of Talbot Line(County Road No. 3)east of Blacks Road from the Agricultural(Al)Zone to a`site-specific' Special Agricultural (A2-#)Zone and to a 'site-specific'Agricultural(A1-#) Zone. The amendment would also fulfill a condition imposed by the County of Elgin Land Division Committee in granting Application for Consent E106/12 to dispose the surplus farm dwelling situated on the lands. The lands proposed to be rezoned 'site-specific' Special Agricultural (A24) comprise an area of 1.4 hectares (2.7 acres), a frontage of 127 metres (417 ft)and a depth of 118.1 metres(387 ft). The parcel is occupied by a single unit dwelling(erected circa 1920)and a storage barn. No change in use is proposed. The lot would satisfy the minimum lot area and minimum lot frontage requirements(4,000 sq. m and 50 m respectively)of the A2 zone but would exceed the maximum lot area requirement of 1.0 ha. All other requirements are capable of being satisfied. Permitted uses of the A2 zone include a single unit detached dwelling, bed and breakfast establishment, home occupation and an agricultural use. The lands proposed to be rezoned 'site-specific'Agricultural(A1-#)comprise an area of 19.8 hectares(48.9 acres)and a frontage of approximately 240 metres (787 ft). The parcel has been cleared for agricultural purposes with the exception of a large gully/lowlying area. No change in use is proposed. The lot would satisfy the minimum lot area and lot frontage requirements(19 ha and 150 m respectively) of the Al zone. The `site-specific' (i.e.A1-#)zoning would prohibit a dwelling on the lands as stipulated by the Provincial Policy Statement(PPS)and the Municipality of West Elgin Official Plan. OD May 23113...Pg 2 of 2 The subject lands are designated `Agricultural' in the Municipality of West Elgin Official Plan. SUBJECT: ADJOURNMENT RES. N0, 1 Moved by Miller Seconded by Leatham RESOLVED that the public meeting concerning a proposed Zoning By-law Amendment for lands located at part of Lot 1, Concession 13(M Wiehle) be adjourned. DISPOSITION: Carried These minutes were adopted on this 13h day of June, 2013. DEPUTY MAYOR CLERK A-al MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS MAY 23, 2013 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Scott Gawley Administrator/Treasurer Norma Bryant Clerk ALSO IN ATTENDANCE Ted Halwa Planning Consultant SUBJECT: REZONING—PART LOT B,CONCESSION 13 (TRICKSY—HIBERNIA WINERY) Also in attendance: Lawrence Trickey, Julie Trickey, Moira Trickey, Randy Reiss The Mayor called the meeting to order at 9:30 a.m... The Clerk informed those present that notice of this meeting had been given under Section 34(12) of the Planning Act first class mail to all assessed owners within 150 metres of the subject property as well as provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority which indicated no objection; however a portion of the lands are within their regulated area. The proposed amendment would change the zoning of lands lying on the south side of Talbot Line(County Road No. 3)west of Blacks Road from the Agricultural(Al)Zone to a'site-specific'Agricultural(A14)Zone. The subject lands comprise an area of 21 hectares (51.9 acres)and a frontage of approximately 300 metres(984 ft).The lands are occupied, on the westerly side, by an older two storey brick single unit dwelling (farmhouse)and various farm buildings and structures. Cultivated agricultural lands are limited with much of the parcel situated in low-lying wooded and/or scrubland areas associated with the Green Drain.A vineyard has been established between the dwelling and farm buildings and Talbot Line. The owners wish to establish a winery('Hibernia Winery')on the lands. A processing building is proposed to be erected this year followed by a retail outlet in 2014. The winery would comprise receiving, crushing and pressing operations. Also included would be facilities and equipment for fermentation, ageing, clarification, cold storage, ambient storage, bottling operations and a testing laboratory.An amendment to the Zoning By- law is required to permit any process, use or activity not related to the processing of grapes but to winemaking (e.g. fermentation, ageing, cold and ambient storage, bottling, associated retail and hospitality uses). May 23113...Pg 2 of 2 Site plan control would apply, including the execution of a site plan agreement between the owners and the Municipality specifying the owners' obligations with respect to the provision of appropriate siting of buildings, access, parking, buffering, lighting and signage.The subject lands are designated 'Agricultural' in the West Elgin Official Plan. The proposed by-law is considered to be in conformity with the Official Plan. Councillor Aldred asked why the by-law specifies grapes"predominately"from their own property? Mr. Trickey noted that a minimum of 5 acres of vines is required to get a license and that they can"import"grapes. The wording"predominately"curtails what can be done. The Planner reported that the wording is from the County Official Plan and that he will review and report back. It was noted that site plan application can be made now. SUBJECT: ADJOURNMENT RES. NO. 1 Moved by Leatham Seconded by Miller RESOLVED that the public meeting concerning a proposed Zoning By-law Amendment for lands located at part of Lot B, Concession 13 (Trickey) be adjourned. DISPOSITION: Carried These minutes were adopted on this 13h day of June, 2013. MAYOR CLERK MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS MAY 23, 2013 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Scott Gawley AdministratorlTreasurer Norma Bryant Clerk ALSO IN ATTENDANCE Ted Halwa Planning Consultant SUBJECT: REZONING—204 THIRD STREET, RODNEY(BEGIN) Also in attendance: Gaston & Louise Begin The Mayor called the meeting to order at 9:30 a.m. The Clerk informed those present that notice of this meeting had been given under Section 34(12) of the Planning Act first class mail to all assessed owners within 150 metres of the subject property as well as provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority which indicated no objection; however a portion of the lands are within their regulated area. The lands proposed to be rezoned Residential First Density(R1) on the easterly side of Munroe Street comprise an area of 850 square metres (9,150 sq ft).The parcel is vacant and is proposed to be merged in name and title with the abutting vacant residential lot to the north, increasing its size from 809 square metres (8,712 sq ft)to 1,659 square metres (17,862 sq ft). The frontage of the enlarged lot(on Munroe Street), at 20.1 metres (66 ft),would not change. No additional lot would be created and no change in use is proposed. The lot would satisfy the minimum lot area and minimum lot frontage requirements(580 sq. m and 15 m respectively) of the R1 Zone. The lands zoned Residential First Density Holding (R1-H)fronting on the westerly side of Third Street comprise an area of 2,266 square metres (0.5 acres) and a frontage of 10.1 metres(33ft ft). The parcel is occupied by a newer single unit dwelling and a shed. No change in use is proposed. This lot would be rezoned to Residential First Density (R1). The subject lands are situated within the 'Village' of Rodney and are designated 'Residential' in the Municipality of West Elgin Official Plan. The Amendment is considered to be in conformity with the Plan. A concern was raised by Mrs. Begin regarding the map circulated with the notice of hearing. Their ownership is not shown correctly. Staff were directed to review the ownership and correct on the zoning by-law. A-4 May 23113...Pg 2 of 2 SUBJECT: ADJOURNMENT RES. NO. 1 Moved by Aldred Seconded by Bodnar RESOLVED that the public meeting concerning a proposed Zoning By-law Amendment for lands located at 204 Third Street(Begin) be adjourned. DISPOSITION: Carried These minutes were adopted on this 13"day of June, 2013. MAYOR CLERK Y The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: PAUL VAN VAERENBERGH C.R.S.I. DATE: JUNE 13, 2013 SUBJECT: ROADS REPORT RECOMMENDATION: RECEIVE AND FILE INTRODUCTION: Monthly report for May, 2013 BACKGROUND: I. Mud from the Port Glasgow marina was loaded and hauled away, a front end loader, dump truck and 2 operators were provided. A dump site nearer to the marina was found and cut the turn around time for the haul in half making for a quick job of the cleanup. 2. Gravel roads were prepared for and received an application of brine for dust control. This process never seems quick enough for some people. 3. Fencing at Kearns pit was installed and screening of material continues 4. Tree stumps that were early ground up were filled with topsoil and seeded. 5. Gravelling of roads was begun starting with Kerr and Marsh. 6. Roadside grass mowing was begun and will be continuing for the summer. 7. The gravel pit licence finally arrived and the work of stripping the topsoil was begun. 8. Asphalt paving was started on Quenns Line and at the time of this report has been completed, and a very good project is begun. DISCUSSION: Future work will include the following 1. Road base on Henry road and Gibb line to be built up with "B" gravel. 2. Application of dust suppressants on gravel roads. 3. Application of "A" gravel to Downie and Blacks. Respectfully Su a Reviewed by: Q�zv W-Paul Van Vaerenbergh cott Gawp .G. Roads Superintendent Administrator/Treasurer r The 914unicipa ty of West ECgin To: Council of the Municipality of West Elgin From: Parks and Recreation superintendent Jeff Slater Date: June 13 2013 Subject: Monthly Recreation Report Recommendation: Provide some staff direction for Item #9, and 11, then receive and file. Introduction: Monthly report for the Parks and Recreation Department. Background: 1. The Recreation Department 10 K Fun Run was a marginal success.The Committee members did a good job organizing the event. There were 17 participants in all, 9 for the 10 K run, and S for the kids run. The winner of the run was Darcy Richardson of St. Thomas, with a time of 42 minutes 3 seconds, Second place was Doug Staddon Jr. With a time of 42 minutes 30 seconds, and third place was Jennifer Thompson with a time of 46 minutes 6 seconds. It was a great day and from the committee wants to make it an annual event. 2. Recreation Staff have been working in conjunction with the West Lorne Horticultural Society removed the Rock garden from the West Lorne Complex.The Horticultural Society has plans in place to revitalize this area. 3. The Flower maintenance program has started for the summer of 2013. 4. The Beach area has been cleaned up; we left some of the drift wood on the beach as it makes for interesting seating area. It is my intention to return to the beach every two weeks to rotto till this area and keep it looking acceptable.The garbage is picked up every day as well the washrooms are cleaned every day. I am currently acquiring pricing on picnic tables and waste receptacles for this area. The washrooms were open on the long weekend in May, However,the operator of the concession failed to open the washrooms as pre our agreement and did in fact forget to inform the Yacht Club Members of the new codes. 5. The Cadets hosted their Annual Inspection on June 15t at the arena. 6. The Construction at the Recreation Center started on June 3rd, it will begin in earnest June 10, and they are currently bringing in supplies and such. 7. Repairs to the electrical system in Rodney Park will be completed prior to the June 15 car Show. I intend to repair the affected areas and install steel covers over the accessible conduit. 8. The netting behind the three main soccer fields in West Lorne has not been installed as of yet.The recent rains have made it very wet at the east end of the park making it to wet for the trucks to get back in there,first to trim the trees out of the way and to install the netting. 9. 1 received an e-mail inquiring as to whether or not West Elgin allows horseback riding on the beach at Port Glasgow. I will need some direction from Council as to whether or not we do in fact allow this. 10. The new drain install at the West Lorne Complex is working as intended.After the recent rains we investigated and there was no water in the basement at all. 11. There is a possibility that we may be able to obtain funding through the Heart and Stroke Foundation to acquire an AED (Defibrillator)for the Old Boys Park. if Council wants to proceed with this imitative I will require a resolution indicating so. 12.The Recreation Staff investigated water leaking into the Pharmacy in West Lorne and has provided our Administrator with valuable input with regards to this matter, and have arranged for a temporary tarp to try and control the water flow. 13.The Pool is slated to open on June 17th.The staff has been hired and preparations are well under way. Mechanically there are few problems; however we are waiting for parts for the chlorine pump. The Health inspector is scheduled to be here on June 13. 14. The Recreation superintendent will be attending a Blue Flag Seminar in Erieau on June 20. 15. The Recreation Superintendent and one of the Park Operators will be attending a seminar in London on June 12 on CSA Standard Z-614, regarding Playground Compliance and hazard Analysis. 16.The Roads Department was the subject of a visit from the Health Unit regarding smoking in the work place complaints. Two complaints were received: one regarding smoking in municipal buildings, and one is regarding smoking in the trucks. There were no fines levied against any staff members, warnings were issued. Respectfully Submitted: Reviewed By: Jeff Slater Scott Gawley, C.G.A Recreation Superintendent, Administrator Treasurer Health and Safety CEMC C - 4a- IX V The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: June 13, 2013 SUBJECT: Water Department RECOMMENDATION: That the report be received and filed INTRODUCTION: The Ontario Clean Water Agency (OCWA) has assumed the operations of the Water Distribution System in West Elgin effective May 18t, 2013. Mike Kalita has been appointed the Water— Customer Service Representative for non operational activities of the water department and assisting with Port Glasgow Trailer Park Operations. DISCUSSION: Listed below is the major activities of the department: 1. OCWA is now responsible for the operations of the West Elgin Distribution Water System in accordance with the Safe Drinking Water System. Monthly reports are attached to this report from OCWA. 2. Water Leak at Ridout St. (in front of the pool) by Public Works under the direction of OCWA. 3. Water main flushing is being completed the week of June 3`d to 71n 2013 by OCWA and has been advertised in the Chronicle and the Municipality's website. 4. Daily recording and monitoring of the Port Glasgow Trailer Park wastewater system. During the large rainfall during the 4t" week of May, infiltration was experience, however the amount of treatment required was less than Y2 of the wastewater beds designed capacity. 5. Fine tuning adjustments have been made to the Waterloo Bio-filter system by David Wemyss during May. 6. The range hood and fire suppression system to be installed in the trailer park food booth the week of June 3rd Respectfully Submitted, Ak —J� Administrator/Trea urer V yaLhp Q � U rti The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA I. BRYANT, CLERK DATE: JUNE 13, 2013 SUBJECT: BY-LAW ENFORCEMENT REPORT RECOMMENDATION: RECEIVE AND FILE INTRODUCTION: Monthly report for May 2013 BACKGROUND: File # Nature of Complaint Action Taken Status 12- 259 Untidy and Complaint CLOSED 13- 264 Untidy and Order issued OPEN 266 Untidy and Compliant CLOSED 267 Grass Compliant CLOSED 268 Grass Order issued OPEN DISCUSSION: Nothing to report Respectfully Submitted, Reviewed by: Norma I. Bryant, HonBA,AMCT Scott Gawley, C. Clerk Administrator/Tre surer U- &k { OF �A Vb.0 pUkB 1` e � R =, i i � � m The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: June 13, 2013 SUBJECT: Appointment of External Auditor for 2013 RECOMMENDATION: That Council approve the appointment of Christene A Scrimgeour, CPA, CA, BA of Scrimgeour & Company Chartered Accountant as the Municipality of West Elgin's External Financial Auditor for 2013, 2014 & 2015 at the 2009 fees. INTRODUCTION: Christene Scrimgeour, CPA, CA, BA has been the managing partner for external Auditor for the Municipality of West Elgin (or some of the predecessor organizations) through Kime, Mills and Dunlop Chartered Accountants or Scrimgeour & Company Chartered Accountants. DISCUSSION: Attached is a letter from Christene Scrimgeour offering the services of Scrimgeour & Company for the next three years at the 2009 fee schedule. In 2013 the Municipality of West Elgin is completing an asset management plant and changing the 2014 Budget Format to be consistent with the PSAB requirements. An option would be to request a Request for Proposal (RFP) for Auditing Services, however based on the accounting changes the Municipality is completing in the next couple with the 1) Asset Management Plan and 2) PSAB Budget Format for 2014, it is recommended that contract with Scrimgeour& Company be extended for the next three years. Respectfully Submitted, Scott Gawley Administrator/Treasurer W�5 PvRV 7 & C_ouA.ICrL_ 13, Z v� SCRIMGEO COMPANY CHARTERED ACCOUNTANT April 12,2013 Members of Council Municipality of West Elgin P.O.Box 490 RR.#1 Rodney,Ontario NOL 2CO Dear Sirs: As you are aware, ' contract for audit services expires as of the December 31, 2012 year- end.,I wish to thank Council for their support over the last three years. As a demonstration of my commitment to the Municipality of West-Elgin,-I am proposing to extend my contract for audit services for an additional three years: I am proposing an audit fee of$16,000, which is consistent with my fee of 2009. This includes the audit of the Federal Gas Tax Program. In addition, the audit fee for the Tri-County Water System will remain at $3,500. The E Municipality also pays our firm to complete the.Financial Information Return and MPMP submission to the Ministry of Municipal Affairs. The fee for this accounting assistance is $2,500. All of these proposed fees have not been increased since 2009. i If you have any questions regarding this letter,please do not hesitate to contact my office. Sincerely, A_NA(V,J��1 _ Christen A. Scrimgeour,CPA,CA,BA Scrirngeour&Company,Chartered Accountant Suite 950,495 Richmond Street London,Ontario N6A 5A9 •Phone:519-672-6811 Fax: 519--672-9757 v yauxm � e � v m h ��'i998'Nl The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: June 13, 2013 SUBJECT: Elgin Economic Development Advisory Group RECOMMENDATION: That the Administrator/Treasurer Scott Gawley be appointed to the Elgin Economic Development Advisory Group as the Municipal partner. INTRODUCTION: At their May 2$t" meeting, County of Elgin Council passed a resolution to dissolve the "County of Elgin Economic Development and Tourism, Advisory Committee" (CEEDTAC) and form a new committee that will meet the current and future needs of the County's economic development program. DISCUSSION: The Elgin Economic Development Advisory Group (EEDAG) will provide advice from a local municipal/economic development perceptive on the County's Economic Development department's programs and strategies. Having a committee comprised of mainly municipal partners will also have the benefit of fostering effective communication and coordination of economic development programming among the County , municipal partners and the Chamber of Commerce. The committee will comprise of 16 individuals: • Chair-- County's General Manager of Economic Development • Two Representative of Elgin County of Council (ex officio) 7 Municipal Representatives-- CAO or Designate from each of the Elgin Municipalities. • 1 Business Association Representative — BIA • 5 Chambers of Commerce Reps. —from each of the Chamber of Commerces. The Report to County Council and the Terms of Reference for the committee is attached. Respectfully Submitted, Scott Gawley Administrator/Treasurer Elincaty REPORT TO COUNTY COUNCIL Prot�ssrw P/lldre FROM: Alan Smith, General Manager of Economic Development DATE: May 7, 2013 SUBJECT: Elgin Economic Development Advisory Group INTRODUCTION: The County of Elgin Economic Development and Tourism Advisory Committee (CEEDTAC) was formed in 2007. The Committee played a key role in the development of the County's economic development program, particularly in the early years of the department's development providing strategic guidance. With the department now established, and the resources now in place to meet its strategic objectives, the needs of the department have changed and a reconstituted advisory group is being recommended. The Economic Development department now requires a committee that will provide advice from a local municipal and business association perspective on the department's programs and strategies, rather than a purely sectoral approach. DISCUSSION: In order to develop a successful economic development program it was imperative when the department was created, that support from the community was obtained; particularly support from those individuals representing key sectors within the County. Having CEEDTAC being comprised of members representing various key sectors and organizations, enabled the department to build relationships within those sectors while at the same time receiving strategic guidance. Over the past six years, members of CEEDTAC have advised staff on a variety of initiatives most notably economic development and tourism strategic plans and agriculture and energy sector profiles. The Economic Development department has grown since it was formed in 2006. With this growth the department's needs have changed as resources are now in place, sector relationships formed, and the strategic direction established. It has become quite apparent to staff that advice on the County's economic development program is required from Focal municipal partners and business associations like Chamber of Commerce organizations for example. In other words, having a forum for local economic development discussions that will support and enhance the County's economic development program is required. This type of committee also lends itself to creating greater awareness of local economic development initiatives among municipal partners and area business organizations. Appendix 1 contains a terms of reference for a committee that addresses the needs of the department—the Elgin Economic Development Advisory Group (EEDAG). As indicated in Appendix 1, most of the 16 individuals comprising the committee are staff representatives from Elgin's municipal partners that have direct involvement with economic development initiatives in their respected municipality/township. This will ensure those participating at a municipal level in EEDAG will have an intimate knowledge of their respected municipality and associated economic development programs. This type of representation will enhance communication between the Economic Development department and municipal partners in order to enrich regional and local economic development. The remaining members consist of representatives from area Chamber of Commerce and the Port Stanley Business Improvement Association. The latter has been included due to the development that is expected to take place in Port Stanley over the next several years. This development will have regional economic development significance. It should also be stressed that if strategic advice is required on a particular subject or sector, temporary working groups will be formed - retaining the resources that were once provided by CEEDTAC. In order to move forward with EEDAG, CEEDTAC must be disbanded. As stated in section 8 (c) of the CEEDTAC terms of reference "...At the discretion of County Council or upon the mandate of the Committee being fulfilled, the Committee may be dissolved by resolution of County Council..." Staff recommends that such an action by Council takes place and that members of CEEDTAC be thanked for their service. It should also be noted that as CEEDTAC is dissolved so will the sub committee for tourism. CONCLUSION: CEEDTAC has successfully fulfilled its mandate and a new committee structure is being sought that addresses the current needs of the Economic Development department. A committee that provides local input on the County's economic development program, while encouraging regional thinking in the context of local decision-making is now required. RECOMMENDATION: THAT the County of Elgin Economic Development and Tourism Advisory Committee be dissolved and members thanked for their service; and THAT the terms of reference for the Elgin Economic Development Advisory Group be approved; and THAT the General Manager of Economic Development be directed to begin the process of appointing members to the Elgin Economic Development Advisory Group as described in the May 7, 2013 report; and THAT the two County Council positions previously named to CEEDTAC for 2013 be appointed to the Elgin Economic Development Advisory Group. All of which is Respectfully Submitted Approved for Submission Alan Smith Mark G. McDonald General Manager of Economic Development Chief Administrative Officer TERMS OF REFERENCE Elgin Economic Development Advisory Group TERMS OF REFERENCE: EEDAG 9.0 Mandate Provide a forum for local economic development discussions that will support and enhance the County's economic development program. Strategically position the County of Elgin within the marketplace to attract new investment, retain and expand local investment, and foster an environment of prosperity and.opportunity for the County of Elgin, its municipal partners, residents, and businesses. 2.0 Purpose and Scope a) To advise the Economic Development department on strategic issues, programs, and policies from a local perspective. b) To foster effective and enhanced communication between the Economic Development department and municipal partners in order to enrich regional and local economic development. c) To assist municipal partners and stakeholders to work cooperatively to deliver municipal economic development services in the County of Elgin. d) To provide a forum for discussion and coordination of economic development initiatives and programs with municipal partners. e) To provide and receive relevant economic development information and statistics to members. f) To encourage regional thinking in the context of local decision making. g) To support local autonomy while emphasizing that local goals can often best be achieved through regional cooperative efforts. 3.0 Authority a) The Committee's role is advisory. Advice, comments or recommendations from the Committee shall be received by the department of Economic Development. b) Staff of the Economic Development department is not bound by any advice or recommendations put forward by the Committee. c) The Committee does not have any budgetary authority. 1 TERMS OF REFERENCE: EEDAG 4.0 Composition The Committee shall consist of sixteen (16) voting members. The representatives from each municipal partner must be a staff person directly involved in economic development. Elected Officials Two (2) representatives of Elgin County Council (ex officio). Municipal partners One (1) representative, CAO or designate, from the Municipality of West Elgin. One (1) representative, CAO or designate, from the Municipality of Dutton- Dunwich. One (1) representative, CAO or designate, Township of Southwold. One (1) representative, CAO or designate, from the Municipality of Central Elgin. One (1) representative CAO or designate, from the Town of Aylmer. One (1) representative, CAO or designate, from the Township of Malahide. One (1) representative, CAO or designate, Municipality of Bayham. Business Associations One (1) representative from the Port Stanley Business Improvement Association Chambers of Commerce One (1) representative from the Executive of the West Elgin Chamber of Commerce. One (1) representative from the Executive of the Dutton-Dunwich Chamber of Commerce. One (1) representative from the Executive of the St. Thomas and District Chamber of Commerce (this individual must represent the businesses in Southwold and Central Elgin). One (1) representative from the Executive of the Aylmer Chamber of Commerce One (1) representative from the Executive of the Otter Valley Chamber of Commerce. 5.0 Meetings a) The Committee shall be Chaired by the County's General Manager of Economic Development. In the absence of the General Manager, Chair responsibilities will be carried out by the County's Business Development Coordinator. The Chair will have the following duties: • guide the discussion and facilitate meetings 2 TERMS OF REFERENCE: EEDAG • encourage participation by Committee members • act as a spokesperson for the Committee Economic Development staff will prepare meeting agendas, and supporting materials. b) The Committee shall meet as required; and as a minimum on a quarterly basis. c) A quorum shall consist of nine (9) Committee members. d) Committee members shall be required to attend a minimum 50% of the regularly scheduled meetings. e) The meeting rules and procedures will be in accordance with the County Council Procedural By-law. f) Minutes shall be kept of each meeting with secretarial services provided by the Economic Development department. g) For information purposes, minutes will be circulated to all members of County Council including the Chief Administrative Officer, and to each local municipal council and their respective Chief Administrative Officer. 6.0 Terms of Office For those members that are staff representatives of a particular organization, membership will be ongoing until the termination of the Committee and/or an individual is replaced by their employer. Members who are participating on a voluntary basis shall serve 2 year terms. County Council representatives shall be appointed on an annual basis, 7.0 Resources The Economic Development department will provide primary staff support to the Committee. Staff from other County departments will be made available to the Committee as required. 8.0 Administration a) County Council may, at its discretion, change the Terms of Reference for this Committee at any time. b) Any changes proposed to the Terms of Reference by the Committee shall be recommended to County Council through the General Manager of Economic Development and Tourism. 3 TERMS OF REFERENCE: EEDAG c) At the discretion of County Council or upon the mandate of the Committee being fulfilled, the Committee may be dissolved by resolution of County Council. 9.0 Working Groups The Committee may approve the establishment of working groups to act as a resource to the Committee to address specific issues. 4 V o Lo- 2 n The Municipality of Vilest Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: June 13, 2013 SUBJECT: Municipal Liability Reform RECOMMENDATION: That Council of Municipality of West Elgin is very concerned with the rising costs of Liability claims against Municipalities AND Further that the attached letter be sent to Premier Wynne, Minister of Transportation, MPP J. Yurek and Frank Cowan Company to avoid the future crisis in Municipal Insurance. INTRODUCTION: It is safe to say that a few years ago it was very shocking to hear about a $5M liability award. Today larger awards are becoming commonplace. The Frank Cowan Company (Municipality of West Elgin Insurance Company) has issued a paper on avoiding a Municipal Insurance Crisis. DISCUSSION: There are number of reasons why driving claims costs are going up for Municipalities: • Damage Awards are getting larger— higher proportion liability is being assigned to municipalities. • Future care costs are accelerating — Providing future health care is extremely costly. • Joint & several liability-- Municipalities are perceived as having deep pockets and therefore pay more than their fair share. • Cost of defending claims is increasing — Cases are becoming more complex and taking longer to resolve driving legal cost upward. • Class actions — Courts are certifying more class action suits. • Municipal claims inflation — Claims inflation is running at 6% to 8% annually. • More litigious society—There is a higher frequency of claims and more municipalities are being named in Court cases even if only remotely associated with the claim. Respectfull Subm d, R Scott Gawley Norma Bryant Administrator/Trea rer Clerk Frank Cowan Company Avoiding a Municipal Insurance Crisis It is safe to say that a few years ago it was very shocking to hear about a$5M liability award. Today, larger awards are becoming commonplace. Court awards for severe bodily injury claims have been increasing dramatically.A claim that may have been settled for$5M five years ago is now settling for $12M-$20M.Recent Court cases such as Guiliani(attack on the MMS)and Deering(higher proportion of municipal liability)demonstrate that the municipal insurance environment continues to deteriorate. The Deering case has cost more than $20M to litigate thus far. Fordham (Court ruling in favour of the young driver who was drinking and driving without a seatbelt) is perhaps the most telling case underlining the exposures municipalities face. If we are to make roads safe for this kind of driver, where will the funds come from?It is imperative to act now! Frank Cowan Company is a leader in providing municipal insurance for over 85 years. Part of our mandate is to monitor the insurance environment to ensure our clients are protected. At Frank Cowan Company, we are very concerned about recent trends affecting the cost of municipal liability insurance. Municipal liability claims costs have escalated to unprecedented levels at a time when municipalities are facing considerable budget constraints. Recent court decisions have driven the cost of claims up to alarming levels. The current situation is not sustainable and a long-term solution is required that is beneficial to all parties. This solution is critical to providing future financial stability for municipalities. Action must be taken now so that a proactive approach can be achieved and a crisis averted. What's Driving Claims Costs Up? Municipal insurance premiums are influenced by many drivers. One of the most significant factors in the pricing of insurance is the long tail nature of municipal liability claims.An incident may occur in a given policy year, but the claim may not be presented until many years later and may take several years to settle. Forecasting what the Courts may award a plaintiff years in the future is very challenging. Over the past few years, there has been a startling upward trend regarding the factors impacting the municipal cost of claims.As the cost of claims increase exponentially, insurance premiums have followed suit. Key drivers that are influencing the cost of rising claims are: • Damage awards are getting larger • Cost of defending claims is increasing A higher proportion of liability is being Cases are becoming more complex and taking assigned to municipalities and total awards longer to resolve driving legal costs upward. are escalating dramatically. • Class actions • Future care costs are accelerating Courts are certifying more class action suits. Providing future health care is extremely costly. . Municipal claims Inflation • Joint&several liability (also known as the 1%rule) Claims inflation is running at 8% to 8% annually. Municipalities are perceived as having deep . More litigious society pockets and therefore pay more than their There is a higher frequency of claims and more fair share. municipalities are being named in Court cases even if only remotely associated with the claim. AMO 2011 Municipal Insurance Survey In August 2011,AMO released their municipal insurance survey. Some of the key findings included: • Insurance premiums are among the fastest growing municipal costs • Rising costs disproportionately impact smaller municipalities • Increases reflect the legal reality that municipalities are"deep pocket"defendants Property taxpayers are paying for these unsustainable insurance increases. Municipalities are continuously facing significant challenges to fund their mandated services. Rising insurance costs can only translate into service level reductions in the critical services that taxpayers rely upon daily. What can Municipalities do to Reduce the Cost of Claims? Municipalities cannot simply stand by and wait for legislative change. There are a number of strategies that can be deployed that will help to offset some of these increases. Typical remedies include increasing deductibles, reviewing your limits and coverages and managing risk. Unfortunately these solutions are not enough! A Call to Action! The current situation is not sustainable. As the costs of claims increase at a faster rate than premiums some insurance companies will simply walk away from this business sector. Let's avoid an insurance crisis! All stakeholders need a long-term solution that achieves the following principles/objectives: • Stability • Sustainable • Equitable to all parties Simply put, municipalities need more protection.A long-term sustainable solution can be achieved by a careful review and the adoption of one or more of the following solutions: • Capping awards • Developing a Provincial fund to assist with paying for large claims • Utilizing tribunals to streamline the Court system • Structured settlements that provide awards over time • Immunities for municipalities These remedies are already in place in other jurisdictions. Adopting a number of these solutions will have the added benefit of reducing legal costs which will assist in reducing the total cost of claims. Another substantial benefit is that some of these solutions will decrease the amount of time in which victims receive their much needed awards.A careful consideration of these options along with the goal of developing a stable, sustainable and an equitable solution will lead to a balanced approach that all stakeholders require. Collective Effort Frank Cowan Company(representing 144 Ontario municipalities), The County of Brant,The Municipality of Chatham- Kent, The Region of Durham, The Municipality of Dutton/Dunwich, The City of Toronto, The Region of Waterloo, The Association of Municipalities of Ontario (AMO) and many others endorse this call to action and will offer assistance where required. Take a stand with Frank Cowan Company. innovation.Built with integrity, leading through • June 13, 2013 TO. Premier Wynne Minister of Transportation cc. MPP J. Yurek cc. Frank Cowan Company Dear Sir: RE: MUNICIPAL LIABILITY REFORM The Municipality of West Elgin is very concerned with the rising cost of liability claims against municipalities. Claim costs are going up for municipalities for a number of reasons: • Higher proportion of liability is being assigned to municipalities; • Future care costs are accelerating; • Joint & several liability — municipality are perceived as having deep pockets and therefore pay more than their fair share; • Cost of defending claims is increasing; • More class action suits are being certified by the courts; • Municipal claims inflation; • More municipalities are being named in court cases even if only remotely associated with the claim. Council of the Municipality of West Elgin request the Province of Ontario to take action with regard to how municipal liability is determined to avoid future crisis in municipal insurance. Should you have any questions please contact the undersigned. .Yours truly, Norma I. Bryant, HonBA,AMCT Clerk YYa bryg �� CL U M1 2 � The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Norma I. Bryant, Clerk DATE: June 13, 2013 SUBJECT: RCO Phase 2 Funding Agreement RECOMMENDATION: THAT a by-law to authorize the signing of an agreement with the Recycling Council of Ontario (RCO) be brought forward. INTRODUCTION: As of October 1, 2012 Recycling Council of Ontario (RCO) is responsible for administering the three-year provincially funded program relating to household hazardous waste collection. This program reimburses municipalities for eligible annual amounts for the administration and marketing activities related to the proper management of Phase 2 materials. DISCUSSION: West Elgin is registered as a participant in the program. In order to receive funding, an agreement with RCO (attached) must be signed by the municipality by June 30, 2013. This agreement expires on February 4, 2016. if the agreement is not returned to RCO by the deadline, we may be deemed ineligible to receive the reimbursement for eligible costs from the Phase 2 program. The agreement outlines the funding terms, including the eligibility requirements that must be met, in order to receive reimbursements. Respectfully Submitted, Reviewed by: Norma I. Bryant, HonBA,AMCT colt Gawley,C.G.A. Clerk Administrator/Treasurer Attachments: Phase 2 Funding Agreement PHASE 2 FUNDING AGREEMENT PHASE 2 FUNDING AGREEMENT - MUNICIPALITY OF WEST ELGIN THIS AGREEMENT is made as of the_day of . 20 BETWEEN: RECYCLING COUNCIL_ OF ONTARIO, a not-for-profit organization, with a principal office address of 215 Spadina Ave, Suite 225, Toronto, Ontario M5T 2C7 ("RCO") AND Municipality of West Elgin 22413 Hoskins Line, PO Box 490 Rodney, ON , NOL 2CO (the"Municipality") BACKGROUND: A. The Ministry of the Environment selected RCO to develop and operate a Selected Household Hazardous Waste Program to reimburse eligible municipal costs incurred in connection with the proper management of Selected Household Hazardous Wastes; B. The Municipality has registered with RCO as a participant in the Program (as defined below) and that registration has been accepted by RCO; and C. The Municipality wishes to receive reimbursement under the Program in accordance with this Agreement. ARTICLE 1 INTERPRETATION 1.1 Definitions. In this Agreement: (a) "Aggregated and Cleaned Information"is defined in Section 8.2(c); (b) "Business Day" means any day from Monday to Friday inclusive, except for any day that is a statutory holiday in Ontario; (c) "Claim Deadline" means the date on or before which the Municipality must submit a Reimbursement Claim for a given Round, as listed in the third column of the table in Schedule B; (d) "Collection Period" means the date during which the Municipality may incur Eligible Costs in a particular Round, as identified in the second column of the table in Schedule 13; (e) "Collection Site"means a location where the Municipality or its Third Party Providers will accept Selected Household Hazardous Wastes for which the Municipality will submit Reimbursement Claims under this Agreement; -2- (f) "Confidential Information"is defined in Section 7.1; (g) "Deficiencies" means any of the following: (i) the inclusion in a Reimbursement Claim of costs that are not Eligible Costs, as defined under this Agreement; (ii) missing, incomplete, inaccurate or otherwise inadequate Supporting Information in respect of a Reimbursement Claim; (iii) any calculation errors in a Reimbursement Claim or in Supporting information; (iv) a failure to submit a Reimbursement Claim or Supporting Information in accordance with the requirements of this Agreement; or (v) any other failure of a Reimbursement Claim or Supporting Information to comply with the requirements of this Agreement. (h) "Deficiency Notice" is defined in Section 4.5; M "Disclosed Information"is defined in Section 8.2; Q) "Disclosing Party"is defined in Section 7.2; (k) "Effective Date" means the date of this Agreement as first written above; (1) "Eligible Activities" means the activities described in Schedule D of this Agreement, as may be amended from time to time in accordance with this Agreement; (m) "Eligible Costs"is defined in Section 3.2; (n) "Eligible Wastes"is defined in Section 3.1; (o) "Event of Default" is defined in Section 12.4; (p) "Final Determination Notice"is defined in Section 4.5; (q) "Force Majeure"is defined in Section 10.1; (r) "Governmental Authority" means any federal, state, provincial, or municipal government, parliament or legislature, or any regulatory authority, agency, tribunal, commission, ministry, board, department, institution or similar entity of any such government, parliament or legislature, or any court or other Law, regulation or rule- making entity, having jurisdiction in the relevant circumstances; (s) "Governmental Authorization" means any authorizations, approvals consents, permits, grants, licences, privileges, rights, orders, judgments, rulings, directives, ordinances, decrees, registrations and filings issued or granted by Law or by any Governmental Authority; (t) "IC&I Small Quantity Generator" means a business that is not required to submit a generator registration report with respect to the waste under subsection 18(1) of Ontario Regulation 347 under the Environmental Protection Act (Ontario), which currently requires that such generators deliver no more than 100 kilograms per month of municipal hazardous or special waste to a municipal depot; (u) "Included Portion of Shared Costs"is defined in Section 3.5; (v) "Indemnified Parties"is defined in Section 9.1; (w) "Industry Funding Organization" has the meaning given under the Waste Diversion Act (Ontario); -3- (x) "Insolvency Event" means, in respect of a Party, any one or more of the following: (i)if a Party files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any applicable bankruptcy Law or under any similar Law, now or hereafter in effect; (ii) if a Party is adjudged bankrupt by a court of competent jurisdiction, or becomes insolvent, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts generally as they become due, is dissolved or suspends payment generally of its obligations; (iii) if a petition is filed proposing the adjudication of a Party as bankrupt or its reorganization pursuant to any applicable bankruptcy Law or any similar Law, now or hereafter in effect, and: (A) the Party consents to that filing; (B) the petition is not discharged or denied within 60 days after that filing; or (C) the petition is not diligently defended against; and (iv) if a receiver, trustee, liquidator, or other similar official is appointed to take charge of a Party or of all or substantially all of the business or assets of a Party, and: (A) that Party consents to such appointment; or (B) the appointment is not discharged or withdrawn or action is not taken by that Party to secure the discharge of that official within 60 days after the appointment. (y) "Intellectual Property Rights" means: (i) any and all proprietary rights provided under: (A) patent Law, (B) copyright Law, (C) trade-mark Law, (D) design patent or industrial design Law, (E) semi-conductor chip or mask work Law, or (F) any other statutory provision or common law principle including, without limitation, trade secret Law, which may provide a right in either ideas, formulae, algorithms, concepts, inventions or know- how generally, or the expression or use of such ideas, formulae, algorithms, concepts, inventions or know-how; and (ii) any and all applications, registrations, licences, sub- licences, franchises, agreements or any other evidence of a right in any of the foregoing. (z) "Laws" means: Q) applicable federal, provincial or municipal laws, orders-in-council, by- laws, codes, rules, ordinances, policies, regulations and statutes; (ii) applicable orders, decisions, codes, judgments, injunctions, decrees, awards and writs of any court, tribunal, arbitrator, Governmental Authority (including without limitation MOE) or other Person having jurisdiction; (iii) applicable rulings and conditions of any license, permit, certificate, registration, authorization; (iv) any Governmental Authorization; and (v) any requirements under or prescribed by applicable common law; and includes without limitation the Environmental Protection Act(Ontario)and regulations thereunder; (aa) "Marks"is defined in Section 8.3; (bb) "MOE"means the Ontario Ministry of the Environment; (cc) "Oversubscription"is defined in Section 4.8; (dd) "Parties" means the parties to this Agreement and Party means either of them; (ee) Payment Date" means the date on which RCO will pay Reimbursements for a given Round, as identified in the fourth column of the table in Schedule B; (ft) "Person"means any individual, sole proprietorship, corporation, limited liability company, limited or general partnership, joint venture, association, joint-stock company, trust, incorporated organization, institution, public benefit corporation, unincorporated organization, Governmental Authority or other entity of any kind; (gg) "Program Funding Agreement" means the agreement between RCO and the Province dated as of September 4, 2012, as may be amended, restated or replaced; (hh) "Program Participant" means a Person that has applied to participate in the Program, whose application has been accepted by RCO,who remains in compliance with all of the -4- terms of this Agreement and discharges all of the obligations of the Program and, therefore,who remains in good standing under the Program; (ii) "Program" means the Selected Household Hazardous Waste Program (also known as the Phase2 Program), including any modifications thereto or successors thereof, but only to the extent that MOE has selected RCO to design and implement the Program in accordance with the Program Funding Agreement; Qj) "Proper Management" and "Properly Managed" means the management of Selected Household Hazardous Wastes in accordance with: (i) all applicable Law (ii) the specific requirements for proper management set out in the table in Schedule C opposite the applicable type of Selected Household Hazardous Waste; and (iii) any other requirements for proper management as are communicated in writing to the Municipality; (kk) "Province" means Her majesty the Queen in Right of Ontario, as represented by the MOE; (11) "Receiving Party"is defined in Section 7.2; (mm) "Reimbursement Claim"is defined in Section 4.1; (nn) "Reimbursements"is defined in Section 2.1. (oo) "Resideritial Generator" means a final user who generates waste which will be recycled or disposed from a residential home; (pp) "Round" means one of the six rounds of funding under this Agreement, each of which has a Collection Period, Claim Deadline and Payment Date as identified in Schedule B; (qq) "Shared Costs"is defined in Section 3.5; (rr) "Supporting Information"is defined in Section 4.2; (ss) "Tax" or "Taxes" includes all present and future taxes, surtaxes, duties, levies, imposts, rates, fees, assessments, withholdings, dues and other charges of any nature imposed by any Governmental Authority, including income, capital, withholding, consumption, sales, use, transfer, goods and services, harmonized sales or other value-added, excise, customs, anti-dumping, countervail, net worth, stamp, registration, franchise, payroll, employment, health, education, business, school, property, local improvement, development, education development and occupation taxes, together with all fines, interest, penalties on or in respect of, or in lieu of or for non-collection of, those taxes, surtaxes, duties, levies, imposts, rates, fees, assessments, withholdings, dues and other charges; (tt) "Term"is defined in Section 12.1; (uu) "Third Party Providers" " means any Person subcontracted, retained or otherwise used by the Municipality to perform any activities for which Reimbursement is sought in connection with Selected Household Hazardous Wastes; (vv) "Toxic Taxi" means a collection service in which selected wastes are collected directly from residential homes, using an appointment system to arrange for pick-up. 1.2 Interpretation. In this Agreement, except as expressly stated otherwise or unless the context otherwise requires: -5- (a) headings and the rendering of text in bold and italics are for convenience and reference purposes only and do not affect the meaning or interpretation of this Agreement; (b) words importing the singular include the plural and vice versa and the masculine, feminine and neuter genders include all genders; (c) the words "hereof', "herein", and "hereunder" and words of similar import shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (d) a reference to an Article, Section, Party, or Schedule is a reference to that Article or Section of, Party to, or Schedule to this Agreement unless otherwise specified; (e) a reference to a document or agreement, including this Agreement shall mean such document, agreement or this Agreement including any amendment or supplement to, or replacement, novation or modification of such document, agreement or this Agreement, but disregarding any amendment, supplement, replacement, novation or modification made in breach of such document, agreement or this Agreement; (f) a reference to a Person includes that Person's successors and permitted assigns; (g) the term "including" (or a variation thereof) means "including without limitation" and any list of examples following such term shall in no way restrict or limit the generality of the provision in respect of which such examples are provided; (h) references to any statute, code or statutory provision are to be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re- enacted, and include references to all bylaws, instruments, orders and regulations for the time being made thereunder or deriving validity therefrom unless the context otherwise requires; (i) in the event of a conflict, a mathematical formula describing a concept or defining a term shall prevail over words describing a concept or defining a term; Q) references to any amount of money shall mean a reference to the amount in Canadian Dollars; and (k) the expression"andlor"when used as a conjunction shall connote"any or all of'. 1.3 Schedules. The following Schedules form a part of this Agreement and are incorporated by reference herein: Schedule A - Collection Site Information Schedule 8 - Collection Periods and Relevant Dates Schedule C - Selected Household Hazardous Wastes and Requirements for Proper Management of Same Schedule D - Eligible Activities Schedule E - Supporting Information Requirements Schedule F - Estimated Annual Administration and Marketing Reimbursements Schedule G - Reimbursement Claim Verification Protocol Schedule H - Claims Exceed Funds Protocol 1.4 Amendments to Schedules. The Municipality may amend Schedules A and F by giving written notice to the RCO no later than 60 days prior to the end of any funding round. RCO may amend -6- Schedules B through G, inclusive, by giving 60 days' written notice of the amendment to the Municipality. ARTICLE 2 PROGRAM PARTICIPATION 2.1 Participation. Subject to the terms and conditions of this Agreement, RCO agrees to pay to the Municipality the amount of any Eligible Costs submitted to RCO during the Term (such payments being"Reimbursements"). 22 RCO Conditions. RCO's obligations under this Agreement are subject to the continuing satisfaction of the following conditions: (a) that RCO is and remains the Person that MOE has selected to design and implement the Program; and (b) that the Municipality is a Program Participant as of the Effective Date and remains a Program Participant in good standing. The foregoing conditions are for the sole benefit of RCO and may be waived in writing by RCO in its sole and absolute discretion. 2.3 Certain Covenants of Municipality. The Municipality covenants as follows: (a) it will provide RCO with 30 days' prior notice of any changes to the list of Collection Sites or information provided in respect of same in Schedule A; (b) it will comply, and cause Third Party Providers to comply, with applicable Laws in respect of the performance of its obligations under this Agreement and in carrying out any activities contemplated by or under this Agreement or the Program; (c) it will comply with any rules, protocols, methodologies, standards or other requirements set out by RCO in respect of the Program; and (d) if the Municipality is required to use any software licensed by or made available through RCO for purposes related to this Agreement, which may include the Data Management and Information System, the Municipality will, if required by the licensor of the software, enter into and comply with (or cause its employees and representatives or Third Parry Providers to enter into and comply with) the terms of end-user license agreements in respect of such software. 2.4 Nature of Program and Agreement. The Program and this Agreement only provides the Municipality with an opportunity to be reimbursed for Eligible Costs incurred by it in respect of the Proper Management of Selected Household Hazardous Wastes. RCO is not retaining the Municipality or any other Person, nor is the Municipality retaining RCO, to provide any services whatsoever, including in respect of: (a) the receiving, handling, storing, transportation, disposal or management of Selected Household Hazardous Wastes or any other waste; or (b) the identification, pre-qualification, supervision, management, oversight or payment of third parties who may be engaged by the Municipality for the purposes of receiving, handling, storing, transportation, disposal or management of Selected Household Hazardous Wastes or any other waste. -7- As between the Parties, the Municipality retains full and complete authority, discretion and responsibility to carry on the activities identified in Section 2.4(a) and (b), and any other activities or functions ancillary thereto, as the Municipality sees fit in its sole and absolute discretion. Nothing in this Agreement will be interpreted to create any rights or responsibilities as between RCO and the Municipality in respect of the performance of such activities. 2.5 Non-exclusivity. This is a non-exclusive Agreement. RCO may offer similar reimbursements to other municipalities or Persons, whether under this Program or any other initiative. The Municipality may undertake the Proper Management of Selected Household Hazardous Wastes without being a Program Participant or without claiming Reimbursement under this Agreement. 2.6 Province. RCO is not acting as agent for the Province under this Agreement or in respect of the Program, which is expressly acknowledged by the Municipality. ARTICLE 3 ELIGIBLE COSTS 3.1 Eligible Wastes. For the purposes of this Agreement, "Eligible Wastes" means all Selected Household Hazardous Wastes listed in Schedule C, subject to the following: (a) for rechargeable batteries, portable fire extinguishers, fluorescent light bulbs and tubes, and mercury-containing devices, Eligible Wastes include only those that are collected from Residential Generators and iC&I Small Quantity Generators; and (b) for fluorescent lights and tubes, Eligible Wastes are limited to 5 kilograms per month per generator of such Selected Household Hazardous Wastes. 3.2 Eligible Costs, The Municipality is only entitled to received Reimbursements under this Agreement in amounts equal to costs ("Eligible Costs")that meet all of the basic criteria set out in Section 3.3 and, as applicable, the additional criteria set out in Sections 3.4, and 3.5. 3.3 Basic Requirements. Eligible Costs include only costs that, as verified by RCO in accordance with this Agreement, were actually and reasonably incurred by the Municipality in respect of Eligible Activities described in Schedule D that were undertaken in respect of the Proper Management of Eligible Wastes during the applicable Collection Period. 3.4 Procurement. For costs incurred with Third Party Providers, the Municipality must have either selected such Third Party Provider through a competitive bidding process or have a reasonable justification as to why a competitive bidding process was not used, to be demonstrated to RCO's reasonable satisfaction upon request, failing which costs incurred with those Third Party Providers will not be Eligible Costs. 3.5 Shared Costs. For costs that are not wholly attributable to Eligible Activities and Eligible Wastes ("Shared Costs"), which may include costs in respect of the marketing or administrative activities identified in Schedule D, only the percentage of the Shared Cost that is attributable to Eligible Wastes is included in Eligible Costs (the "Included Portion of Shared Costs"), such Included Portion of Shared Costs to be calculated and documented in accordance with the requirements set out in Schedule F. ARTICLE 4 FUNDING PROCESS 4.1 Reimbursement Claim. For each Round, the Municipality may submit an application for Reimbursement (a "Reimbursement Claim") to RCO on or before the applicable Claim Deadline -8- identified in Schedule B. Each such Reimbursement Claim will only be in respect of Eligible Costs incurred during the Collection Period identified for that Round in Schedule B. 4.2 Supporting Data and Information. In support of its Reimbursement Claims, the Municipality will submit the data and information set out in Schedule E("Supporting Information"). 4.3 Method of Submittal. The Municipality will submit Reimbursement Claims and Supporting Information in the format prescribed by RCO, which may include submitting information using a Data Management and Information System. 4.4 Verification of Reimbursement Claims. RCO will verify that all Reimbursement Claims meet the requirements of this Agreement and do not include any Deficiencies, such verification to be carried out in accordance with the protocols attached to this Agreement as Schedule G. 4.5 Deficiencies in Applications Where RCO identifies Deficiencies in a Reimbursement Claim, RCO will notify the Municipality of such Deficiencies in reasonable detail (a "Deficiency Notice") and may withhold payment of Reimbursements to the extent related to such Deficiencies unless and until the Deficiencies are resolved to RCO's satisfaction, acting reasonably. The Municipality will be given reasonable opportunity to communicate with RCO to clarify the nature of the Deficiencies and to provide additional information to RCO in response to the Deficiency Notice. RCO will reasonably consider such information and will, within a reasonable time after receipt of such information, notify the Municipality in writing whether: (a) all Deficiencies have been resolved, in which case any Reimbursements that have been withheld will be promptly paid to the Municipality, or(b) Deficiencies remain (a "Final Determination Notice"). Any dispute in respect of a Final Determination Notice will be resolved in accordance with Article 11. 4.6 Payment. Subject to Sections 4.4, 4.5 and 4.8 and the compliance of the Municipality with its obligations under this Agreement, RCO will pay Reimbursement Claims for each Round on the Payment Date identified in Schedule B for the applicable Round. 4.7 Over-payment. If the Municipality becomes aware that it has received amounts from RCO that exceed the amount of the Reimbursements to which it is entitled hereunder (an "Over- Payment"), it must forthwith notify RCO of such Over-Payment. if RCO determines that the Municipality has received an Over-Payment, it shall follow the procedure set out in Section 4.5 to notify the Municipality of the Over-Payment and to give the Municipality the opportunity to address the Over-Payment in the same manner as other Deficiencies. All Over-Payments shall be debts of the Municipality to RCO. RCO will set off the amount of any Over-Payment against amounts payable by RCO to the Municipality hereunder; provided however that if the Over- Payment is in respect of the fast Round of Reimbursements under this Agreement, the Municipality shall pay the amount of the Over-Payment to RCO within 30 days of the date that the Municipality notified RCO of the Over-Payment or that RCO notified the Municipality of the Over- Payment, as applicable. 4.8 Funding Restrictions. The availability and use of funds provided by the Province to RCO for the Program is subject to the terms of the Program Funding Agreement. Notwithstanding anything to the contrary under this Agreement, RCO will only be obliged to pay Reimbursements to the Municipality to the extent that doing so is in accordance with the terms and conditions of the Program Funding Agreement. Without limiting the generality of the foregoing, Municipality acknowledges that if, at the close of a Round, RCO has received Reimbursement Claims that in aggregate exceed (or are reasonably expected to exceed) the amount of funding available for Reimbursements in respect of such Reimbursement Claims (an "Oversubscription"), RCO will notify the Municipality within 30 days of the close of the Application Period of the existence (or expectation of) the Oversubscription. RCO will then disburse the available funds in accordance with the protocol attached hereto as Schedule H. RCO shall not be liable to the Municipality, and the Municipality hereby releases RCO from liability for, any and all losses, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, -9- demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the delay or non-payment of Reimbursements as a result of an Oversubscription or of RCO's compliance with the Program Funding Agreement. ARTICLE 5 RECORDS AND AUDIT RIGHTS 5.1 Records. The Municipality will retain all documents and records relating to this Agreement during the Term and for a period of 2 years after the termination or expiry of the Agreement. The Municipality will retain any financial records related to this Agreement in a manner consistent with generally accepted accounting principles. 5.2 Audit Right. RCO, or an independent firm of chartered accountants retained by RCO, will have the right upon 24 hours prior notice to the Municipality during normal business hours, to inspect and copy documents and records required to be retained under Section 5.1 or to audit the books, records,facilities and practices of the Municipality related to this Agreement in order to verify that: (a) the Municipality has Properly Managed all Eligible Wastes; (b) the requirements of Section 3.4 with respect to the procurement of services from Third Party Providers have been met; (c) the Reimbursement Claims and Supporting Information are accurate in all material respects; (d) Reimbursements have been made only in respect of Eligible Costs and no Over- Payments have been made; and (e) the Municipality has otherwise complied with its obligations under this Agreement; provided that all such inspections and audits will be at RCO's expense. 5.3 Inconsistencies. Where any inconsistencies are identified in records provided in accordance with Section 5.1 or in the course of an audit under Section 5.2, RCO(or its designated accounting firm) and the Municipality will work together in good faith to resolve such inconsistencies within 30 days of the date on which the Municipality was notified of such inconsistencies. Where such inconsistencies are not resolved to the satisfaction of RCO, RCO will be entitled to demand payment of, and the Municipality will pay, an amount that reasonably reflects the nature and extent of the inconsistency, such amount not to exceed Reimbursements received by the Municipality hereunder in respect of the Collection Period(s)to which the records or audit applied. 5.4 Disputes. If the Municipality disputes the outcome of an audit, it will refer such dispute for resolution in accordance with Article 11. ARTICLE 6 REPRESENTATIONS AND WARRANTIES 6.1 Mutual Representations. Each Party represents and warrants to the other as follows: (a) it has all requisite power and authority to execute and deliver this Agreement and perform its obligations hereunder (b) all corporate, board, body politic, or other approvals necessary for its execution, delivery, and performance of this Agreement have been obtained; and . 10- (c) this Agreement constitutes its legal, valid, and binding obligation. 6.2 Representations of the Municipality. The Municipality represents and warrants to RCO as follows: (a) the Municipality and its Third Party Providers hold, or will hold when performing any activities for which Reimbursements are sought, all Governmental Authorizations which are necessary or desirable in connection with the Proper Management of Eligible Materials and is not in breach of or in default of any term or condition thereof; and (b) the Municipality, directly or through its Third Party Providers, possesses the knowledge, skill and technical expertise required to Properly Manage Eligible Materials. ARTICLE 7 CONFIDENTIALITY 7.1 Confidential Information. In this Agreement, "Confidential Information" means any and all information and materials that are designated in writing, as confidential at the time of disclosure or that a reasonable person, having regard to the circumstances, would regard as confidential, but does not include information which: (a) at the time of disclosure, is available to the general public; or (b) at a later date, becomes available to the general public or (c) receiving party can demonstrate was in its possession before receipt; or (d) is disclosed to receiving party without restriction on disclosure by a disclosing party who had the lawful right to disclose such information. 7.2 Confidentiality. Where a Party (the "Receiving Party") has received Confidential Information from the other Panty(the"Disclosing Party"), the Receiving Party will: (a) only use the Discloser's Confidential information in accordance with this Agreement only for the purposes contemplated under this Agreement(including Section 8.2) or related to the Program and for no other purpose; (b) not disclose or provide access to any Confidential Information to any Person without the Disclosing Party's written consent except as necessary to perform its obligations under this Agreement; provided that the Recipient may disclose Confidential Information to: 0) those employees and agents to the extent required to enable them to perform their duties in accordance with this Agreement, provided that they agree to maintain the confidentiality of the Confidential Information; and (ii) as permitted under, and in accordance with, Sections 8.2(c) and 8.2(d), below; (c) take commercially reasonable precautions, at least as great as the precautions it takes to protect its own Confidential Information, to protect the Disclosing Party's Confidential Information in the Receiving Party's possession or control and to prevent such Confidential Information from either being accessed, disclosed, distributed, duplicated, destroyed or used in violation of this Agreement. 7.3 Disclosure Required by Law. Notwithstanding Section 7.2, a Receiving Party may disclose the Disclosing Party's Confidential Information to the extent required by Law, provided that: (a) the Receiving Party gives Disclosing Party prompt written notice of the proposed disclosure and the reason for the proposed disclosure; (b) the Receiving Party provides the Disclosing Party with reasonable assistance and, if possible, reasonable time to oppose the proposed disclosure; and (c) to the extent disclosure is still required by Law, the Receiving Party takes reasonable steps to make the disclosure on a confidential basis. - 11 - ARTICLE 8 INTELLECTUAL PROPERTY 8.1 Ownership. Except as provided herein, no Intellectual Property Rights are granted or transferred under this Agreement. As between RCO and the Municipality, all Intellectual Property Rights in data and information generated or collected by or for the Municipality, whether or not provided to RCO, in the course of the Municipality's performance of its obligations under this Agreement will belong to the Municipality. 8.2 License, Data and Information. With respect to all information disclosed to RCO by the Municipality under this Agreement ("Disclosed Information"), the Municipality hereby grants a non-exclusive, irrevocable,worldwide, royalty-free license in perpetuity to: (a) use and modify the Disclosed Information for the purposes of administering the parties rights and responsibilities under this Agreement; (b) use, modify and combine Disclosed Information with other information for the purposes of evaluating the performance of the Program; (c) provide Disclosed Information that RCO has: (i) aggregated with other information of RCO and other Program Participants; and (ii) cleaned of detail that specifically attributes information to the Municipality ("Aggregated and Cleaned Information") to MOE for the purposes of complying with RCO's obligations under the Program Funding Agreement; and (d) provide Aggregated and Cleaned Information to the public for the purposes of describing the Program and its effect. 8.3 Use of Marks. During the Term of this Agreement, and subject to the terms and conditions of this Agreement, RCO's trademarks, trade name, colours and logos, including those specific to the Phase2 program (the "Marks") may be used by the Municipality for purposes of acknowledging the support provided by RCO under this Agreement, provided that: (a) all such use is strictly in accordance with any instructions or standards specified from time to time by RCO; (b) the Municipality obtains RCO's prior approval of all uses of the Marks, including approval of proposed copy, layouts, drafts or other mock-ups incorporating the Marks. The Municipality will not claim, use, display, reproduce or apply to register, record or appropriate any trademark, trade name, colour, logo or other identifier that incorporates, reproduces, is confusing with, is derived from, or is based on the Marks, or assist, permit or encourage any other person or entity to do so. ARTICLE 9 RISK MANAGEMENT 9.1 Indemnity. The Municipality hereby agrees to indemnify and hold harmless RCO and its members, directors, officers, employees, representatives and agents (the "Indemnified Parties") from and against any and all liability, loss, costs, damages and expenses (including legal, expert _ 12- and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Municipality's participation in the Program or otherwise in connection with this Agreement, unless solely caused by the negligence or wilful misconduct of any of the Indemnified Parties. 9.2 Limitation of Liability. Subject to RCO's payment obligations hereunder, the Indemnified Parties shall not be liable to the Municipality or any of the Municipality's officials, officers, employees, agents, subcontractors or representatives for any costs, losses, claims, liabilities and damages howsoever caused (including any incidental, indirect, special or consequential damages, injury or any loss of use or profit) arising out of or in any way related to the Program or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. ARTICLE 10 FORCE MAJEURE 10.1 Force Majeure. Subject to Section 10.2, "Force Majeure" means an event that: is beyond the reasonable control of a Party; and makes a Party's performance of its obligations under the Agreement impossible, or so impracticable as reasonably to be considered impossible in the circumstances. Force Majeure may include includes without limitation: infectious diseases, war, riots and civil disorder; storm, flood, earthquake and other severely adverse weather conditions; lawful act by a public authority; and strikes, lockouts and other labour actions. 10.2 Exclusions. Force Majeure shall not include: (a) any event that is caused by the negligence or intentional action of a Party or such Party's agents or employees; or(b) any event that a diligent Party could reasonably have been expected to: (1) take into account at the time of the execution of the Agreement; and (ii) avoid or overcome in the carrying out of its obligations under the Agreement. 10.3 Failure to Fulfil Obligations. Subject to Section 12.4(e), the failure of either Party to fulfil any of its obligations under the Agreement shall not be considered to be a breach of, or Event of Default under, the Agreement to the extent that such failure to fulfill the obligation arose from an event of Force Majeure, if the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Agreement. ARTICLE 11 DISPUTE RESOLUTION 11.1 Negotiation. Any dispute among the Parties arising out of or in connection with this Agreement will first be attempted to be resolved by the Parties through good faith negotiations and in connection therewith, any Party may request in writing that any other Party meet and commence such negotiations within a reasonable period of time (which shall in any event be no later than 30 days after such request is made). If within 30 days after commencement of the negotiations (or the date on which negotiations were to commence in accordance with the written request, if the other Party declines to negotiate),the dispute has not been resolved, any Party may, by notice in writing to the other Party, refer the matter to arbitration in accordance with the provisions set out below. 11.2 Arbitration. Any dispute which has been referred to arbitration will be determined by arbitration in accordance with the Arbitrations Act(Ontario). There will be a single arbitrator who will have qualifications relevant and suitable to the issue in dispute, and will be disinterested in the dispute and will be impartial with respect to all parties thereto. The arbitrator will be selected by agreement of the Parties, provided that if no such agreement is reached within 30 days, the arbitrator shall be appointed by a court on application of the Parties. The determination of the - 13- arbitrator will be final and binding upon the Parties. Each Party will bear its own costs in connection with the arbitration, subject to the power of the arbitrator to award costs. The arbitrator will have the discretionary authority to grant specific performance, rectification, injunctions and other equitable relief as may be requested by a Party including interim preservation orders and any Party may, before or after an arbitration has commenced, apply for interim relief, including injunctive relief. The arbitrator($) will not have the power to award any damages in excess of the limits set forth in or excluded under the limitations of liability provided in this Agreement. Any order of an arbitrator may be entered with a court of competent jurisdiction for the purposes of enforcement. The place of arbitration will be Toronto, Ontario. All aspects of the arbitration will be kept confidential. ARTICLE~ 12 TERM AND TERMINATION 12.1 Term. This Agreement commences on the Effective Date and continues until February 4, 2016, unless otherwise terminated in accordance with this Agreement(the"Term"). 12.2 Program Termination. RCO may terminate this Agreement by providing notice in writing to the Municipality in the event that the Province terminates the Program Funding Agreement for any reason. RCO will use reasonable efforts to provide the Municipality with such prior notice of termination as is reasonably practicable in the circumstances. 12.3 Consequences of Program Termination. In the event that RCO terminates this Agreement in accordance with Section 12.2, RCO may immediately cease making Reimbursements under this Agreement, including for any outstanding Reimbursement Claims from the Municipality, even if such Reimbursement Claims were delivered in accordance with this Agreement prior to the date of termination of the Agreement. 12.4 Events of Default. The following constitute"Events of Default"under this Agreement: (a) the material breach by a Party of its obligations under this Agreement, provided that such breach is not remedied within 30 days of notice of the breach by the non-breaching party, or such longer period as the non-breaching period may specify in such notice; (b) any representation of a Party under this Agreement being or becoming untrue in any material respect; (c) a condition in Section 2.2 ceasing to be satisfied; (d) an Insolvency Event with respect to a Party; or (e) an event of Force Majeure that continues for 60 or more consecutive days. 12.5 Remedies of RCO. Upon the occurrence of an Event of Default by the Municipality, RCO may, in addition to any rights it may otherwise have at law: (a) suspend the payment of Reimbursements; (b) demand the repayment by RCO of Reimbursements to the extent they represent an Over-Payment as a result of the Event of Default; (c) set off any amounts owing to the Municipality against claims (including indemnity claims) against the Municipality arising in connection with the Event of Default; or (d) terminate this Agreement by giving notice in writing to the Municipality. - 14- 12.6 Remedies of Municipality. Upon the occurrence of an Event of Default by RCO, the Municipality may, in addition to any rights it may otherwise have at law, terminate this Agreement by giving notice in writing to RCO. 12.7 Effect of Termination. Subject to Sections 4.8, 12.3 and 12.6, upon the termination or expiry of this Agreement, RCO will pay to the Municipality any outstanding Reimbursements that are due and payable to the Municipality. ARTICLE 13 GENERAL 13.1 Relationship of Parties. Nothing contained in this Agreement will create a relationship of principal and agent, employer and employee, partnership or joint venture between the Parties. The Municipality will not make any representation that the Municipality is an agent of RCO or that may reasonably lead any Person to believe that the Municipality is an agent of RCO. 13.2 Parties Only. Except to the extent expressly provided herein, this Agreement does not grant any rights or remedies to any Person other than the Parties. 13.3 Expenses. Each Party will pay any expense it incurs in authorizing, executing, and performing this Agreement and any transactions contemplated by it, including any fee and expense of its legal counsel, accountant,or other consultant. 13.4 Further Assurances. The Parties will execute and deliver all other appropriate supplemental agreements and other instruments, and take any other action necessary, to give full effect to this Agreement and to make this Agreement legally effective, binding, and enforceable as between them and as against third parties. 13.5 Notices. In this Agreement: (a) except to the extent that this Agreement permits or requires a Party to communicate using a Data Management and Information System, any notice or communication required or permitted to be given under the Agreement will be in writing and will be considered to have been given if delivered by hand, transmitted by facsimile transmission or email or mailed by prepaid registered post in Canada, to the address or facsimile transmission number of each Party set out below: (i) if to Recycling Council of Ontario: Suite 225, 215 Spadina Avenue Toronto, Ontario M5T 2C7 Attention: Jo-Anne St. Godard Email: Joanne@rco.on.ca (ii) if to the Municipality: Municipality of West Elgin 22413 Hoskins Line, PO Box 49O Rodney, ON, NOL 2CO Attention: Norma Bryant Email: nbryant @westelgin.net - 15- or to such other address, facsimile transmission number or email address as a Party may designate in the manner set out above; (b) notice or communication will be considered to have been received: (i) if delivered by hand during business hours on a Business Day, upon receipt by a responsible representative of the receiver, and if not delivered during business hours, upon the commencement of business on the next Business Day; (ii) if sent by facsimile transmission during business hours on a Business Day, upon the sender receiving confirmation of the transmission, and if not transmitted during business hours, upon the commencement of business on the next Business Day provided that sender received confirmation of the transmission; (iii) if sent by email on a Business Day during business hours, upon confirmation that the email has been sent, and if not sent during business hours, upon the commencement of the next Business Day, provided that the confirmation that the email has been sent was received; and (iv) if mailed by prepaid registered post in Canada, upon the fifth Business Day following posting; except that, in the case of a disruption or an impending or threatened disruption in postal services every notice or communication will be delivered by hand or sent by facsimile or email transmission in accordance with this Section 13.1. 13.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties and there are no representations or warranties, express or implied, statutory or otherwise and no agreements collateral to this Agreement other than as expressly set out or referred to in this Agreement. 13.7 Amendment. This Agreement may be amended or supplemented only by a written agreement signed by each Party and that agreement need not be executed under seal. 13.8 Waivers. The failure of a Party to insist upon the strict performance of any term of this Agreement, or to exercise any right or remedy contained in this Agreement, will not be construed as a waiver or a relinquishment by that Party for the future of that term, right, or remedy. 13.9 Severability. If any term of this Agreement is determined to be invalid or unenforceable, in whole or in part, the invalidity or unenforceability will attach only to that term or part term, and the remaining part of the term and all other terms of this Agreement will continue in full force and effect. The Parties will negotiate in good faith to agree to a substitute term that will be as close as possible to the intention of any invalid or unenforceable term while being valid and enforceable. The invalidity or unenforceability of any term in any particular jurisdiction will not affect its validity or enforceability in any other jurisdiction where it is valid or enforceable. 13.10 Survival. Sections 2.4, 4.7 and 4.8 and Article 5, Article 7, Article 8, Article 9, Article 11, Article 12 and Article 13 will survive the termination or expiry of this Agreement. 13.11 Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the province of Ontario and federal laws of Canada applicable therein and will be treated in all respects as an Ontario contract. 13.12 Binding Agreement. This Agreement will bind and benefit each of the Parties including their respective successors and permitted assigns. - 16- 13.13 Assignment. Neither Party may assign this Agreement without the prior consent of the other Party. 13.14 Counterparts. This Agreement may be signed by original or by facsimile or other electronic means and executed in any number of counterparts, and each executed counterpart will be considered to be an original. All executed counterparts taken together will constitute one agreement. [Signature page to follow] - 17- TO EVIDENCE THEIR AGREEMENT each of the Parties has executed this Agreement as of the Effective Date. RECYCLING COUNCIL OF ONTARIO By: Name: Jo-Anne St. Godard Title: Executive Director Municipality of West Elgin By: Name: Title: By: (Optional) Name: Title: SCHEDULE A COLLECTION SITE INFORMATION WEST ELGIN Depots Events Dutton/Dunwic October 27, h Public Works 136 Currie West Elgin 2012 Garage Road Dutton NOL 110 West Elgin August 17, Public Works 22413 Hoskins West Elgin 2013 Garage Line Rodney NOL 2C0 - 19- SCHEDULE B COLLECTION PERIODS AND RELEVANT DATES Round Collection Period Last Day to Enter Claims Payment Dates for Collection Period Round 1 October 1, 2012 to June 30, 2013 August 2, 2013 November 5, 2013 Round 2 July 1, 2013 to December 31, 2013 February 3, 2014 May 6, 2014 Round 3 January 1, 2014 to June 30, 2014 August 4, 2014 November 5, 2014 Round 4 July 1, 2014 to December 31, 2014 February 2, 2015 May 5, 2015 Round 5 January 1, 2015 to June 30, 2015 August 4, 2015 November 4, 2015 Round 6 July 1, 2015 to September 30, 2015 November 2, 2015 February 3, 2016 -20- SCHEDULE C SELECTED HOUSEHOLD HAZARDOUS WASTES AND REQUIREMENTS FOR PROPER MANAGEMENT OF SAME Selected Household Hazardous Wastes Specific Requirements for Proper Management of Selected Household Hazardous Wastes Rechargeable batteries, excluding batteries from vehicles Wastes are destined for a waste recovery and industrial stationary batteries(i.e., consumer-type facility portable rechargeable batteries that weigh 5 kilograms or less, are used in household and IC&I applications, and excluding vehicle batteries and industrial stationary batteries) Portable fire extinguishers (i.e., portable devices, carried or Wastes are destined for a waste recovery on wheels and operated by hand, containing an facility extinguishing agent that can be expelled under pressure to suppress or extinguish a fire) Fluorescent light bulbs and tubes(i.e., low pressure Wastes are destined for a waste recovery mercury electric discharge source in which a fluorescing facility coating transforms ultra violet energy generated by the Collection system, including collection mercury discharge into visible light(includes only those locations,the actions of generators and tubes or bulbs that are designed to be removed by the tub collection site operators, and the transportation system ensure that the fluorescent bulbs and tubes remain whole and unbroken Mercury-containing devices, including switches(i.e., Wastes are destined for a waste recovery devices that open or close an electrical circuit or a liquid or facility gas valve),thermostats(i.e., devices that use a mercury switch to sense and control room temperature via heating, ventilation and air conditioning), thermometers(i.e., instrument for measuring temperature using a glass tube with a mercury bulb that rises and expands in the tube with temperature increase), barometers and other measuring devices (i.e., flow meters, manometers, hydrometers, sphygmomanometers, and hygrometers) Pharmaceuticals(i.e., all drugs as defined in section 2 of Wastes are destined for a facility approved the Food and Drugs Act(Canada)without regard to by the MOE, or proper authority in other paragraph (c), including prescription and over the counter jurisdictions, and, that has all other drugs and"Natural Health Products", as defined in section necessary approvals to treat these wastes I of the Natural Health Products Regulations (Canada) Sharps and syringes(i.e., needles, syringes and lancets Wastes are destined for a facility approved used in the administration of healthcare) by the MOE, or proper authority in other jurisdictions, and,that has all other necessary approvals to treat these wastes -21 - SCHEDULE D ELIGIBLE ACTIVITIES Only the following activities, when undertaken in respect of the Proper Management of Eligible Wastes, are Eligible Activities for the purposes of the Agreement: • Collection activities related to: receiving, identifying, sorting, storing, packing, and manifesting of Selected Household Hazardous Wastes at depots, collection events, and via Toxic Taxi; • Marketing activities undertaken and materials developed by the Municipality to notify the public of depot, special event, and Toxic Taxi services related to the Proper Management of the Selected Household Hazardous Wastes. These marketing activities/materials may include, for example: materials published on websites, flyers and advertisements that provide information on hours, location, acceptable items and any restrictions related to the Selected Household Hazardous Wastes being collected by the Municipality such as quantity or condition; • Administration activities such as Municipality staff time related to: tracking and reporting for the purposes of the Program; tendering and managing contracts for the purposes of properly managing the Selected Household Hazardous Wastes; and responding to public inquires related to the management of Selected Household Hazardous Wastes; and • the following post-collection activities related to the Selected Household Hazardous Wastes: • storage of the collected Selected Household Hazardous Wastes; • handling of Selected Household Hazardous Wastes, including packaging for shipment; • transportation costs for Selected Household Hazardous Wastes including those costs related to loading and unloading, containers and packing materials; • staging of the Selected Household Hazardous Wastes including costs related to repacking and bulking; • processing costs for the Selected Household Hazardous Wastes including recycling of the Selected Household Hazardous Wastes; and • disposal of non-recyclable and residual Selected Household Hazardous Wastes. Without limiting the foregoing, the following activities are not eligible for reimbursement: • related to the Selected Household Hazardous Wastes that are not accepted free of charge by the Participating Municipality; • for which the Participating Municipality is reimbursed from other sources; • costs that are paid by someone other than the Participating Municipality; • related to the activities of an Industry Funding Organization; • related to insurance; -22- • related to capital (i.e., costs related to the construction of storage facilities, or capital depreciation of municipal depots); • related to equipment, vehicle, building and property maintenance costs; • related to public education and awareness activities; • related to research and development activities; and • related to financial incentives. -23- SCHEDULE E SUPPORTING INFORMATION REQUIREMENTS The following information must be provided to RCO: • On-line data submission: • Municipal contract information and rates for the Eligible Waste(step T) • Confirmation of the materials collected and source of those materials (step 2) • Municipal service population (step 3) • Administration details(step 4) • Post collection information (step 5) All data is to be entered on-line through the Phase 2 data entry portal • Program costs: • Completion of the HHW Program Information Spreadsheet(Schedule F) ..24_ SCHEDULE F Estimated Annual Administration and Marketing Reimbursements We have preliminary reviewed the information you provided in the HHW Program Information Spreadsheet and have used this information determined your eligible annual estimated reimbursement amounts for the Administration and Marketing activities related to the proper management of Phase 2 materials. Please be aware that RCO will be undertaking a detailed audit of all claims submitted, including HHW Program costs. Even though your costs have been reviewed they may be subject to further verification with requests for documentation to support the cost amounts claimed. It is the responsibility of the municipality to amend this schedule as necessary. Unless you request that your Schedule F be amended to reflect a change in costs for your HHW program, the annual administration and marketing costs will be used to calculate reimbursements for each funding round until the end of the Phase 2 program. We must receive your amended spreadsheet for review no later than 60 days before the end of any funding round. , y Y ` - i r i i f f i •� � r � r ,{ ��� 1 d E � a Y'a it i !r k 7 ! �• h 9 a!:i 11 . w All py'Anq IF Ffq ANA j ° = G ka d � � _J -25- SCHEDULE G REIMBURSEMENT CLAIM VERIFICATION PROTOCOL Upon request from RCO staff a Municipality must provide the following information, either electronically or through an on-site visit: • A copy of the Service Provider contract showing unit costs for recycling and/or disposal • A copy of all shipping documents associated with the shipment that is subject to verification RCO staff will then review the Reimbursement Claim and Supporting Documents provided by the Municipality. The Municipality will be advised, in writing, of any adjustments to the Reimbursement Claire; If the Municipality does not agree with the RCO reassessment of the reimbursement Claim then Article 11 of the attached contract will be followed -26- SCHEDULE H CLAIMS EXCEED FUNDS PROTOCOL RCO's primary goal is to reimburse Municipalities 100 per cent of eligible costs in each of the Collection Periods. At the end of each Collection Period if the Reimbursement Claims exceed the available funding, RCO will prioritize payments in the following order on a prorated basis if required: First Priority: post-collection cost reimbursement Second Priority: administration cost reimbursement Third Priority: eligible marketing (eligible P&E)cost reimbursement The order of priority is to best serve municipalities' interest. RCO recognizes that post-collection claims' reimbursement has the highest importance for the municipalities and should be given first priority. RCO will notify the Province and participating municipalities within 30 days of the Claim Deadline if it has reason to believe that applications from participating municipalities may exceed the funding available in that Round. Z� OF V .JFVys �� Y V 1p Q � 2 � rn The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Ad min istrator/Treasurer DATE: June 13, 2013 SUBJECT: Port Glasgow Trailer Park RECOMMENDATION: That the lowest tender from Fulline Farm & Garden Equipment of$17,446.00 (before Tax) less the trade-in allowance of$5,700.00 be accepted. INTRODUCTION: The replacement of the Kubota Lawnmower is scheduled for replacement in the 2013 budget. A repair of the gearbox on the mower drive is required. DISCUSSION: Three quotes were obtained for the replacement as follows: 1.Turf Care Toro Model Groundmaster 7200 $20,700.00 + Tax 1a) Turf Care Toro Model Groundmaster 7210 Demo $18,500.00 + Tax 2. C.L.Benninger Kubota Model SDF72 $19,474.58 + Tax 3. Fulline John Deer Model Z997 $17,446.00 + Tax Fulline Farm & Garden Equipment has offered a trade-in allowance of$5,700 for the existing Kubota as is. The proposed 2013 Budget for this capital purchase is $20,000.00 Respectfully Submitted, R. Scott Gawley Administrator easurer q NA U n The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: June 13, 2013 SUBJECT: 2013 Municipality of West Elgin Budget - Final RECOMMENDATION: That the Council adopt the 2013 Budget for the Municipality of West Elgin Operations and Capital as revised AND FURTHER that the 2013 Budget and Rates By-Law be adopted. INTRODUCTION: The 2013 Budget was prepared by staff and presented at three meetings of council: February 28113 - Port Glasgow Trailer Park, March 20113 - Special Meeting of Council to review to Summary of Proposed budget, Capital Budget and proposed Rate increase. April 10113 - Special Meeting of Council to review Department Operation, Maintenance and Administration Budgets. - Open Session was available for Public Comment and presentations were received. May 23113 - Council received the 2012 Audited-Financial Statements and the results are reflected in the Proposed 2013 Budget Summary for Year-Over-Year Comparisons. DISCUSSION: General Overview: The proposed budget for the Municipality of West Elgin reflects a 1.8% increase in the municipal levy for local requirements or$51,720.23, with no increase in water or wastewater charges in 2013. The Municipality of West Elgin's budget presented for adoption is a balanced budget for 2013, with a Capital budget of$1,214,700.00 and net increase to reserves of$659,350.00 for future capital replacements. A Summary of the 2013 Budget compared to 2012 Actual results and the 2012 Budget. A pie chart showing the sources of revenue collected and breakdown of department expenditures. Reassessment-- Property Values: As 2013 is a Reassessment year for property values, with increases to be phased in over four years: Residential Properties had an average assessment increase of 12.14% over the next four years (an average increase of 3.035% assessment increase each year). 1 St Example: A residential property value of$100,000.00 where the assessed value remains at $100,000 will see a small overall tax decrease of$1.62 in 2013. 2"d Example: A residential property value of $100,000.00 that increased by the averaged assessment increase of 3.035% to value of$103,035.00 will see a overall tax increase of$42.01 on a property 2012 tax bill of$1,439.52. It should be noted that the examples above are just that examples and your property could be different. Farm Properties had average assessment increase of 54.1% over the next four years (an average of 13.53% assessment increase each year). A report presented to Council at the September 27, 2012 council meeting is attached for your information. Respectfully Submitted, Ads Gawley Administrator/Treasu er MUNICIPALITY OF WEST ELGIN 2013 BUDGET SUMMARY 2012 2012 2013 REVENUE(NON-DEPARTMENT SPECIFIC) ACTUAL BUDGET PROJECTED TAXATION MUNICIPAL -2,874,002.19 -2,876,888.00 -2,928,608.23 LOCAL IMPROVEMENTS -140,753.48 -140,754.00 -133,570.21 PAYMENT IN LIEUS -76,810.87 -115,000.00 -87,000.00 OMPF FUNDING -1,897,600.00 -1,897,600.00 -1,861,600.00 OTHER REVENUE -323,928.27 -224,400.00 -320,180.00 2012 SURPLUS -998,127.00 -998,127.00 -518,178.10 TOTAL REVENUE -61311,221.81 -6,252,769.00 -5,849,136.54 DEPARTMENTAL SUMMARIES ADMINISTRATION 812,974.13 1,096,020.00 1,031,330.00 FIRE 339,036.88 361,430.00 371,285.00 POLICING SERVICES 836,707.24 929,214.00 917,284.00 OTHER-FOUR COUNTIES TRANSIT,CEMETERIES,LIBRARY, 125,497.92 170,922.00 159,700.00 DRAINAGERLANNING&ZONING, ECONOMIC DEVELOPMENT PROTECTION SERVICES 83,094.04 81,799.00 78,044.00 TRANSPORTATION 1,395,267.49 1,443,256.00 1,501,807.59 GARBAGE COLLECTION, LANDFILL,RECYCLING 169,940.32 161,612.00 142,300.00 RECREATION 452,714.37 484,970.92 450,929.22 TOTAL DEPARTMENTAL OPERATING COSTS 4,215,232.39 4,729,223.92 4,652,679.81 TRANSFERS TO RESERVES 1,035,804.00 605,117.00 622,395.10 TRANSFERS FROM RESERVES -6,400.00 -6,400.00 -175,000.00 DEBENTURE PAYMENTS 140,753.48 140,754.00 133,570.21 NET OPERATING SURPLUS/DEFICIT -925,831.94 -784,074.08 -615,491.42 CAPITAL EXPENDITURES GRANT FUNDING/CONTRIBUTIONS -1,136,008.35 -1,409,748.40 -264,261.40 TRANSFERS FROM RESERVES -655,367.00 -847,267.52 -334,947.18 CAPITAL PURCHASES 2,199,029.19 3,041,090.00 1,214,700.00 CAPITAL FUNDED FROM FUND SURPLUS &OPERATIONS 407,653.84 784,074.08 615,491.42 NET SURPLUS -518,178.10 0.00 0.00 Municipality of West Elgin Draft 6/7/2013 Page 2 MUNICIPALITY OF WEST ELGIN 2013 BUDGET BUDGET REVENUES OSEWER DARENA 7% ■WATER _ O TAXATION 75% ° OTHER REVENUE LOCAL IMPROVEMENTS 2% QOMPF FUNDING 26% ®PAYMENTS IN LIEU 7% DEPARTMENTAL SUMMARIES CADMINISTRATION 16% GARENA OSEWER 4% 7% ®FIRE ■WATER - B% 96% 0POLICING SERVICES 14% M PROTECTION SERVICES ■OTHER 1% 3% OTRANSPORTATION f9 GARBAGE 25% COLLECTION, LANDFILL, RECYCLING 2% ©RECREATION 6% Municipality of West Elgin Draft 6/7/2013 Page 1 Ciz - off - a7 iY 4F � V '"04, 41 A u � The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: September 27, 2012 SUBJECT: Impact of the 2012 MPAC Reassessment on Farm Properties RECOMMENDATION: That Council receive & file the staff report from the Administrator/Treasurer dated September 27, 2012. INTRODUCTION: The last Municipal Property Assessment Corporation (MPAC) province-wide assessment update was based on a January 1, 2008 valuation date and affected the 2009-2012 tax years. The assessment released this fall is based on January 1, 2012 valuation date and will affect 2013-2016 tax years. Properties experiencing a market increase from 2008 to 2012 will have a valuation phased- in for property tax calculation purposes over the four year tax cycle. All market decreases will be applied immediately to the 2013 tax year. DISCUSSION: The County of Elgin Council received a staff report on the impact of the 2012 reassessment and options of reducing the impacts on a temporary basis. The report recommended "That the current four-year Current Value Assessment (CVA) phase-in be the sole tool used to soften the 2012 reassessment impact on property taxes; and, That tax ratios for all property classes be maintained at their current level. The County of Elgin Report is attached. The Preliminary 2012 Market Change Profile for the Municipality of West Elgin is attached from MPAC. The effect of the changes between the 2008 and 2012 reassessment is shown on Page 11 of the attached report. A preliminary review of the effect of the reassessment of a typical 100 acre farm with a family residence and the effect with no change in the amount collected in total for property taxes would be $104 per year. Respectfully Submitted, cott Gawley Administrator/Treasurer Attachments: 1. County of Elgin — Report to Council— Impact of 2012 MPAC Reassessment 2. 2012 Market Change Profile for West Elgin — Preliminary 3. Comparison from 2012 to 2016 tax years. rr,4 e t,m Ego�mt � REPORT TO COUNCIL AuS�FSNkLy�kN"HI FROM: Jim Bundschuh - Director of Financial Services DATE: September 14, 2012 SUBJECT: Impact of 2012 MPAC Reassessment INTRODUCTION: The last Municipal Property Assessment Corporation (MPAC) province-wide assessment update was based on a January 1, 2008 valuation date and affected the 2009-2012 tax years. The assessment released this fall is based on a January 1, 2012 valuation date and will affect 2013-2016 tax years. Properties experiencing a market increase from 2008 to 2012 will have the valuation phased-in for property tax calculation purposes over the four year tax cycle. All market decreases will be applied immediately to the 2013 tax year. Attachment I shows that residential properties increased by 12% over the four-year period (3% per annum), but farm properties increased by over 50% (11% per annum). Since increases will be phased in over four years, the impact on the farmers will be gradual; however this still translates into double digit tax increases for the farm portion of these properties for each of the next four years. Since a family farm is comprised of not only farm assessment, but also residential assessment, the impact would be much less. On a typical 100 acre family farm, the impact on the upper and lower tier taxes for the four years is an increase of approximately $85 per year on their prior $2,300 tax bill or 3.6% (calculated using no change in total taxes collected across all property classes — any levy increases passed by the County or its partner municipalities will be additive). DISCUSSION: The property tax system legislated by the Province of Ontario attempts to achieve fair taxation through the use of Current Value Assessment (CVA). In recognition that the tax impact of changes in valuation will be difficult to absorb by individual property owners in a single year, the province mandated that increases be phased-in over four years to soften the blow. Without this phase-in, farmers would see 50% increases in their farm class assessment in 2013. It is important to look at the increase with a long-term perspective. The change from the 2005 to the 2008 CVA on farms represented a 2% increase per annum compared to the residential increase of 5% per annum. Based on the 2005 CVA, farms were paying 8% of the levy and residential properties were paying 76%. With the loss of industrial property assessment, the 2012 CVA will see both farm and residential percent share of levy rise by 2% to 10% and 78% respectively. The loss of industrial assessment base is an unfortunate reality that has placed added burden on both farms and households. If the County and its partner municipalities wished to soften the blow further, changes in the farm ratio could be considered (see Attachment 11 for legislative authority for changing farm tax ratio). However, it is also important to note that tax ratios were never foreseen as a means of providing temporary tax relief. Tax ratios are typically altered either for fairness or strategic reasons. The farm/managed forest tax rate is currently only 25% of the residential rate, whereas all other rates are greater than the residential rate. Hence, it could be argued that the fairness argument would only apply to those classes with higher rates. The strategic reason for changing ratios would be to attract businesses to the County. At this time Chatham/Kent is the only county with a farm tax ratio below 25%, with their ratio being set at 22%. In a report to Council, titled "Tax Ratios" dated November 28th, 2011, the County's Economic Development department concluded that tax rates play a minor role in the site selection of businesses, with quality of place being the primary decision factor. Although the focus of that report was on commercial and industrial properties, its conclusions apply equally well to farm businesses. CONCLUSION: Despite the fact that the purpose of tax ratios was not to soften the blow of CVA changes, it does not preclude the County from using it for that purpose. However, given the disadvantages of using it for that purpose (as outlined in Attachment III), the most important of which is the transfer of tax burden onto residential rate payers, the use of ratios as a means to effectively extend the phase-in period would be ill advised. It is important to remember the benefit farmland had relative to residential properties in the 2005 reassessment. Also, when looking at an average family farm, the increase due to reassessment will only be approximately 3.8% annually. The contents of this report were reviewed at a meeting held on September 14, 2012 between the CAOs and Treasurers of the County and municipalities. It was the consensus of all that the following recommendations be put forward for Council's deliberation. RECOMMENDATION: THAT the current four-year Current Value Assessment (CVA) phase-in be the sole tool used to soften the 2012 reassessment impact on property taxes; and, THAT tax ratios for all property classes be maintained at their current level. Respectfully Submitted Approved for Submission Jim Bundschuh Mark G. McDonald Director of Financial Services Chief Administrative Officer �, ox VYPVME �� U Y n The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: June 13, 2013 SUBJECT: Hours of Operation's for Service Ontario RECOMMENDATION: That Council accepts the report from the Administrator/Treasurer to change the hours for the Service Ontario Office #176 in Rodney to be Monday to Friday from 9:00 a.m. to 5:00 p.m. INTRODUCTION: A report was prepared for the August 9, 2012 Council that office continue to operation Saturdays from 9:00 a.m. to 12:00 noon for the next year and evaluate in a year's time. The review was a result of letter from ServiceOntario— Issuer Services Office that our volume of Saturday's transactions did not warrant the office being opened. DISCUSSION: An evaluation of the commissions received for the past 11 Saturday s was average of$67.93. The majority of the customers during this period come from the Rodney, West Lorne, Newbury and Wardsviile area. The cost of providing the service is $80.00 in Labour (one staff in MTO and student for cleaning), plus the cost of utilities. It would be hoped that the average revenue for Saturday's transactions will be done through the week. For the past few years the office has not been opened on Saturday's of holiday weekends. The Rodney ServiceOntario office is not very busy on a Saturday with MNR Licences as hunters-Fishermen are already out early in the morning and {Manned ahead to get their Licences. If the recommendation is accepted, the ServiceOntario — Issuer Service Office would be notified and notices would be advertised that change takes place June 29, 2013. Hours of ServiceOntario Offices in our Area: Dutton Monday to Friday 8:30 - 4:30 Bothwell Monday to Friday 9 - 5 (closed daily 1 - 1:30) Sat 9— 12 Blenheim Monday to Friday 9-5 Sat 9— 12 Dresden Monday to Friday 8:30—4:40 (closed daily 1:30 —2) Chatham Monday to Friday 9-5 Sat 9 — 12 Strathroy Monday to Friday 9- 5 Sat 9— 12 St. Thomas Monday to Friday 9-5 Sat 9— 1 Watford Monday to Friday 9-5 Sat 9— 12 Petrolia Monday to Friday 9— 5 (closed daily 12— 1) Wallaceburg Monday to Friday 9-5 Forest Monday to Friday 9 -4:45 (closed daily 1-1:30) Respectfully Submitted, Cott Gawley Melanie Rose Administrator/Treasurer Office Manager— ServiceOntario a Ya a v m 2 The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Norma 1. Bryant, Clerk DATE: June 13, 2013 SUBJECT: Thompsons —surplus railway lands RECOMMENDATION: That the survey and legal costs for the assumption of former railway lands from Thompsons be funded through the Parkland Reserve. INTRODUCTION: Council has agreed to purchase the former railway land from Thompson's Limited for $1.00 plus survey and legal fees. DISCUSSION: Staff have received an estimate of costs for the purchase of the surplus railway lands from Thompsons. The lands run from west of Blacks Line to east of Furnival Road (approximately at Second Avenue). The following will be paid by the municipality: Survey - preparation and registration $1,400 plus taxes Legal - preparation of purchase agreement, transfer documentation $4,000 plus taxes Thompsons will pay for their own legal, if they feel is required. These costs will be funded through the Parkland Reserve Fund. Respectfully Submitted, Reviewed by: Norma I. Bryant, HonBA,AMCT Scott r Gawiey, C. A. Clerk Administrato easurer 4� OF � w m ti The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Norma I. Bryant, Clerk DATE: June 13, 2013 SUBJECT: West Lorne Heritage Homes Community Hub RECOMMENDATION: THAT staff be directed to prepare an agreement with West Elgin Heritage Homes for the operation of the Community Hub as a municipal capital facility. INTRODUCTION: The Directors of the West Elgin Heritage Homes have requested the municipality designate the Heritage Homes Community Hub as a "municipal capital facility" BACKGROUND: Section 110 of the Municipal Act provides for exemption for taxes levied for municipal and school purposes for municipal capital faculties. DISCUSSION: Under Section 110 of the Municipal Act a municipality may enter into an agreement for the provision of municipal capital facilities. Such an agreement may allow for the lease, operation or maintenance of the facility. A municipal capital facility can include "municipal facilities related to the provision of social and health services...." (O.Reg, s 2.10) Therefore to proceed, an agreement with the West Elgin Heritage Homes needs to be prepared, agreed to by that body and authorized by by-law. Once the agreement is finalized, the municipality will pass a by-law to assess the property as single family residential, thereby providing a reduction of taxes to be levied from commercial to residential rate. Notice of the tax exemption by-law is given to MPAC, the County of Elgin and the applicable school board. Respectfully Submitted, Reviewed by: Norma I. Bryant, WOnBA,AMCTorGaw ley, Clerk Administrator/Treasurer T-i MAYORS" 4 . SUSTAINABLE AND ACCOUNTABLE WHEREAS the Mayors Coalition on Affordable, Sustainable and Accountable Policing (ASAP) is a membership of Ontario municipalities informally working together to affect positive change to the rising costs of policing, AND WHEREAS Policing costs have risen out of control and now form one of the single largest municipal expenses consuming tax dollars collected,with little sense of control going forward, AND WHEREAS The Police Service and the Province have not been receptive to expediting reforms to policy and legislation that will provide municipalities with adequate accountability and shared control of these costs, AND WHEREAS municipal Councils are at risk of being in contravention of their legal obligation to preserve the integrity of the finances collected on behalf of the Tax Payer when it comes to accounting for policing costs. THEREFORE BE IT RESOLVED BY MEMBERSHIP THAT: The ASAP Executive Committee for 2013 will be the following: • Mayor Dennis Travale, Norfolk; • Mayor John Lessif,Tillsonburg; • Mayor Peter Politis, Cochrane; • Mayor Gerry Marshall, Penetanguishene; • Bernie MacLellan—Huron East; • Mayor John Williams—Quinte West • Mayor Jamie McGarvey—Parry Sound—In ex officio capacity on behalf of OSUM That the term of the Executive Committee will be from May 2, 2013 to the 2014 Association Of Municipalities of Ontario Conference in 2014. That the Executive Committee be mandated to lead discussions and carry out the groundwork of making advancements on behalf of membership; That the Executive Committee not be mandated to commit or bind any given member to any given direction. Moved By: John Lessif---Tillsonburg Seconded By: Bernice Jenkins— Bancroft ENNEENEENNEEMEMENEENNNN MAYORS" O ► AFFORDABLE SUSTAINABLE AND ACCOUNTABLE POLICING WHEREAS the Mayors' Coalition on Affordable, Sustainable and Accountable Policing (ASAP) is a membership of Ontario municipalities informally working together to affect positive change to the rising costs of policing, AND WHEREAS Policing costs have risen out of control and now form one of the single largest municipal expense consuming tax dollars collected,with little sense of control going forward, AND WHEREAS The Police Service and the Province have not been receptive to expediting reforms to policy and legislation that will provide municipalities with adequate accountability and shared control of these costs, AND WHEREAS municipal Councils are at risk of being in contravention of their legal obligation to preserve the integrity of the finances collected on behalf of the tax payer when it comes to accounting for policing costs. THEREFORE BE IT RESOLVED BY MEMBERSHIP THAT: The ASAP Executive Committee is directed by its membership to: • work with the provincial government and police service directly on advancing this positive change. • take a lead role in working with the Minister of Correctional and Community Services, and the Premier, on advancing reforms while making positive change. • Formally request that the Association Of Municipalities of Ontario, Small Urban Municipal Association, Federation of Northern Ontario Municipalities, and the Rural Ontario Municipal Association formally recognize and endorse the Coalition on behalf of membership, and invite these municipal organizations to work with the Coalition on these advancements. • Report regularly to the membership on progress. Moved By: AI MacNevin — North East Manitoulin Seconded By: Bernie MacLellan — Huron East All in Favour: Unanimous All Against: None Carried: ✓ Defeated Deferred Abstained F MAYORS' COALITION FOR AFFORDABLE, SUSTAINABLE AND ACCOUNTABLE All in Favour: Unanimous All Against: None Carried: ✓ Defeated Deferred Abstained Mayors' Coalition for Affordable 200 Broadway Sustainable 2"d Floor Accountable Tillsonburg,ON Policing N4G 5L9 May 13,2013 Russ Powers President Association of Municipalities of Ontario 200 University Ave.,Suite 801 Toronto, Ontario M511 3C6 p AX Dear Mr. Powers: We hope this letter finds you and the Association of Municipalities of Ontario in good spirits and in better health. At our recent Mayors'Coalition Annual Membership meeting where our membership comes together to provide the Executive Steering Committee direction, resolution Number 2013-02 was passed unanimously and is attached for your review. The direction from the resolution is that the Mayors'Coalition reach out to the other municipal associations representing our membership,to seek their support in driving our mandate to be the political lead seeking reforms that will enhance the work being done by everyone working on behalf of our membership. The membership feels that this needs to be a joint effort and that their associations would embrace the political strength the Mayors' Coalition was established by them to bring to the table. We are pleased to make this formal request by our membership to the AMO to formally support the Coalition and to assign a member to be part of the Executive Committee Resource Advisory group who would be a valuable part of the efforts on the ground while connecting the work already being done by everyone else in an effort to create efficiencies. We trust you are as excited as we are with this opportunity and look forward to continuing the evolution of policing cost reforms together. Please feel free to contact anyone of the Executive Committee members with any questions or inquiries or to request a conference call with the committee in its entirety. Sincerely, The Mayors' Coalition Steering Committee Mayor John Lessif,Town of Tillsonburg Mayor Gerry Marshall,Town of Mayor Peter Politis,Town of Cochrane liessif0ti llsonbure.ca Penetanguishene Peter.P ltisiRcochraneontario.com Mayor Dennis Travale,County of Norfolk gmarsh all Open eta n euishene.ca Dennis.Travale(@norfolkcounty.ca Mayor Bernie MacLellan,Municipality of Mayor Jamie McGarvey,Town of Parry Mayor John Williams,City of Quinte West Huron East Sound mayor @auintewest.ca mavor(a)huroneast.com Jamie 60townofoarrysound.com cc Mayors' Coalition Supporters Town of Fernando Lamanna, S.A., M.M.D. East �willim�ury Municipal Clerk Legal and Council Support Services -.., 905-478-4282 x3821 Yn :a vrr � flamanna @eastgwillimbury.ca May 10, 2013 REt`Fne�yb Association of Municipalities of Ontario(AMO) Attn: Monika Turner, Director of Policy MAY 16 200 University Ave., Suite 801 Toronto, OntarioM5H 3C6 w Dear Ms. Turner: For your information and records, at its regular meeting held Monday, April 8, 2013, the Municipal Council of the Town of East Gwillimbury adopted the following resolution: WHEREAS the Town of East Gwillimbury has requested that the Province, through the Ministry of the Environment, establish regulations and a Provincially regulated approval process to govern fill imported to a receiving site other than for the purpose of Brownfield redevelopment, and/or submission of a Record of Site Condition(RSC) and has received extensive support from other municipalities within the Province; AND WHEREAS the Province, through the Ministry of Environment, has produced and circulated for comment Best Management Practices for commercial fill operations; AND WHEREAS O.Reg 153104 of the Environmental Protection Act and its associated "Soil Groundwater and Sediment Standards" do not effectively provide the tools necessary for municipalities to regulate commercial fill operations or control the movement and quality of imported or exported fill; AND WHEREAS O.Reg 153104 of the Environmental Protection Act was developed for Brownfield re-development/Record of Site Condition submission and does not adequately deal with commercial fill operations; AND WHEREAS proponents licensed to operate a pit or quarry under the Aggregate Resources Act wishing to surrender their license are required to restore their site to the satisfaction of the Ministry of Natural Resources (MNR), but are not required to seek approval from the local municipality for the importation of fill as a result of site restoration activities; AND WHEREAS the benefits of proper soil management throughout the Province can be realized if adequate legislation and controls are in place for the identification of surplus fill, as well as its testing, re-use, removal and eventual disposal; .../2 "Our town, Our future" 19000 Leslie Street, Sharon,Ontario LOG 1VO Tel:905-478-4282 Fax: 905-478-2808 www.eastgwil limbury.ca 5/1 0/2013 Page 2 of 2 BE IT THEREFORE RESOLVED THAT: 1. The Province establish a task force comprised o£ representatives from municipalities, regulatory authorities such as Conservation Authorities, stakeholders involved with fill operations, and any third parties with interest in this matter, with the objective of creating recommendations, tables, and guidelines, with the result being a Provincial standard with protocols to regulate the exportation, importation and storage of surplus Ell within the Province; 2. The task force be requested to deliver a report by December 1, 2013; 3. The Municipal Act and Conservation Authorities Act be amended to mandate local municipal approval for commercial fill operations within lands that are regulated by other jurisdictional bodies such as Conservation Authorities and the Province; 4. Proponents licensed under the Aggregate Resources Act wishing to surrender their license be required to obtain approval from the municipality as well as the Ministry of Natural Resources (MNR) as it relates to the restoration of the site, should it involve the importation of fill; 5. The Clerk forward copies of this resolution to York-Simcoe MPP Julia Munro, Minister of the Environment Jim Bradley, Minister of Natural Resources David Orazietti, Conservation Ontario,the Ontario Sand, Stone and Gravel Association, the Association of Municipalities of Ontario, and all Ontario municipalities for their consideration. If you have any further questions feel free to contact the undersigned. Yours truly, Fernando Lamanna, B.A., M.M.D. Municipal Clerk Legal and Council Support Services DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies,officers,directors or agents. J 141GIPgCIr� p, MAY 16 2913 greni energy. balanced Ilfe. ,p,,._ 2•p I(INCARDINE COUNCIL MEETING May 1, 2013 9.2 Host for Industrial Wind Turbines Resolution #05/01/2013-04 Moved by: Randy Rappel Seconded by: Jacqueline Faubert WHEREAS citizens of the Municipality have submitted documentation to Council describing their concerns with the installation and operation of industrial wind turbines in their neighbourhoods and areas where people work; AND WHEREAS research done by the Grey Bruce Health Unit Medical Officer of Health, Dr. Hazel Lynn and Dr. Ian Arra indicates that industrial wind turbines have a definite human annoyance on residents living around and near these structures; AND WHEREAS Dr. Hazel Lynn states a new review of health impacts of turbines indicates changes needed to be made in the location of wind turbines increasing the separation distance from the current provincially mandated 550 metres; AND WHEREAS the Municipality has acknowledged that some citizens are suffering side effects attributed to proximity of industrial wind turbines to where people live and work (Resolution #1110712012 - 03 and Resolution #1210512012 - 06); AND WHEREAS the Municipality, accordingly, supports the position taken by a number of other rural Ontario municipalities that the Province should impose a moratorium on the approval of wind energy projects until clear evidence is provided ruling out health impacts; AND WHEREAS the Municipality has passed a resolution of non-support for those industrial wind turbines not in compliance with our Municipal Wind Policy (Resolution #1210512012 - 06); AND WHEREAS the Premier of Ontario has recently conveyed the Government's desire to limit the Industrial Wind Turbine (lWT) Projects to communities that are willing hosts; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Kincardine applauds the position taken by the Premier and the Government; AND FURTHER THAT, based on the previous position of Council regarding Industrial Wind Turbines, the Ministry of Environment be advised that the Municipality of Kincardine is not a "willing host" for Industrial Wind Turbines (IWTs); AND FURTHER THAT this resolution be circulated to Premier Kathleen Wynne, as well as to the Minister of Environment, Minister of Energy, Minister of Rural Affairs, the local MPP, and to all Ontario Municipalities for their support and endorsement. Carried DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies, officers,directors or agents. VINCAIrDIEL Municipal Administr . . N2Z 2X6 www.kincardine.notl Ak- great energy. balanced lifo. Kincardine, N6rth ff► Middlesex r wig y a May 8, 2013 ® Premier Kathleen Wynne Legislative Building Queen's Park Toronto, Ontario M7A 1A1 Dear Ms. Wynne: Re: Motion of "Not a Willing Host Community" for IWT Protects Please be advised that the Council of the Municipality of North Middlesex has unanimously passed the attached motion that we are "Not a Willing Host" community for Industrial Wind Turbine Projects. We are one of the many Ontario communities that have had no choice in the matter of whether we are willing and equipped to undertake having these mega projects invade and forever change the rural landscape of our community. Our municipality already has limited financial resources for maintaining our aging infrastructure and now we are being forced into straining these resources even further with having to hire solicitors, engineers and project co-ordinators, as small municipalities of our size do not have the human or economic resources to adequately deal with these highly technical projects in order to ensure our citizens are properly protected now and in the future. These projects are being forced onto communities with no regard on how this will impact these resources and more importantly the health and safety issues that are attributed to these IWT's. We are forwarding our motion to all Ontario municipalities, local M.P.P., Monte McNaughton and local M.P., Bev Shipley, as well as Ontario Progressive Conservative Leader, Tim Hudak and Ontario NDP Leader, Andrea Howarth for their support and endorsement. Sincerely, edeman Clerk Encls. 229 Parkhill Main Street,PO Box 9 Parkhill,ON NOM 2K0 P:519.294.6244 F:519.294.0573 noethnliddle sexIon.ca MUNICIPALITY OF NORTH MIDDLESEX MOTION DATE: MAY 6, 2013 MOVED BY COUNCILLOR CORNELISSEN SECONDED BY COUNCILLOR MCLINCHEY WHEREAS the Premier of Ontario has recently conveyed the Governments desire to limit Industrial Wind Turbine (IWT) Projects to communities that are willing hosts; AND WHEREAS Council for the Municipality of North Middlesex has received a clear message from its residents that they are not willing to host to IWTs in North Middlesex; AND WHEREAS Council for the Municipality of North Middlesex applauds the position taken by the Premier and the Government; AND WHEREAS Council represents all citizens within the Municipality, both those in favour of wind projects and those opposed. As a result, Council needs to maintain a fair and balanced viewpoint; AND WHEREAS council is very concerned that the Green Energy Act has substantially changed the rules for municipalities with respect to wind farm developments by removing municipal control over development applications through the traditional zoning requirements under the planning act approvals for wind project developments are now controlled by the Ministry of Environment through the Renewable Energy Approval process, a legislative development that the council strongly opposes; AND WHEREAS Section 41 of the Electricity Act requires that a municipality provide to wind project developers without charge access to and use of its road for both construction and maintenance of its turbines and electrical infrastructure, including transmission lines; AND WHEREAS future jobs of Ontario are going to hinge on efficient energy costs, by subsidizing the cost of energy by these wind projects, we are limiting the future growth of Ontario; THEREFORE based on the consistent position of Council for the Municipality of North Middlesex and the input received from the community regarding IWT's, the Province of Ontario and specifically the Ministry of Environment be now advised that the Municipality of North Middlesex is "NOT A WILLING HOST"for IWT's; AND THAT this resolution be circulated to Premier Kathleen Wynne, as well as to the Minister of Environment, Minister of Energy, Minister of Rural Affairs and to all Ontario municipalities for their support and endorsement. p Mayor MAY X1;3.3 r Q 500 George Street North 'Peterborou h Ontario K9H 3R9 The following resolution, adopted by City Council at its meeting held on April 8, 2013, is forwarded for your Information. Thank you. That Council approve the recommendations outlined in Report USDIRI3-004 dated April 2, 2013 of the Director of Utility Services, as follows: a) That the presentation by Staff on the Emerald Ash Borer Management Plan be received for information; b) That the Emerald Ash Borer Management Plan Option 3 as described in Appendix A of Report USDIRI3-004 be implemented including the conversion of the existing part-time (1 day per week) position of Urban Forest Specialist to a full-time 3-year contract position; c) That a 2013 Capital Project be created for the Emerald Ash Borer Management Plan in the amount of$173,000.00 funded from the following transfers: 1) $128,832.00 from the 2011 Urban Forest Management Capital Project; ii) $32,818.00 from the USD Reserve; and iii) $13,350.00 from the Tree Reserve; and d) That staff be requested to provide a status report on the Emerald Ash Borer Management Plan as input to the 2014 Budget discussions; Committee at its meeting of April 2, 2013 made the following recommendation. e) That this report be forwarded to the MP, Prime Minister, Premier, MPP, FCM and other munlcipalitles through AMO with a letter requesting a province-wide strategy be established to deal with the management of the Emerald Ash Borer. Council at its meeting of April 8, 2013 adopted the following: f) That the Urban Forest Specialist include in his or her work plan a program for the active community involvement in the management of affected ash trees, as well as a program to educate private land owners in the treatment of their affected ash trees. The City of Peterborough's Ash Emerald Barer Management Plan is available on their website at the following link; rittp://www.peterborough.ca/Assets/City+Assets/Engineering/Documents/USDIRI 3- 004+Eme raid+Asti+Bore r+Management+Plan.pdf DISCLAIMER:This material is provided under contract as a paid service by the originating organization and pele rou does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO). It's a Natrxra . its subsidiary companies,officers,directors or agents. 87 John Sir eetSouth c:;uwct :_ MA"eTOw liy Pa Aylmer ON N5H 2C3 o�€r�iv� f Telephone: 3-533 W73-53" MAY 2 3 2013 I D E , a Fax:519-773-5334 www.malahide.ca A proud tradition,a brightfuture. RESOLUTION Moved by; Mark Widner No. 94-13 Seconded by: Mike Wolfe I WHEREAS a recent Provincial Auditor General's report spelled out major concerns with the Drive Clean program; AND WHEREAS vehicle emissions have declined significantly since the inception of Drive Clean in 1999 to the point that they are no longer among the major domestic contributors to smog in Ontario; AND WHEREAS this is primarily the result of newer vehicles being inherently cleaner though design, such as better manufacturing standards for emission control equipment and federal requirements for cleaner fuel; AND WHEREAS the Drive Clean program has outlived its original purpose and as such the Provincial Auditor General's recommendations concerning the Drive Clean program should be implemented as soon as possible; AND WHEREAS the new Drive Clean regulations are causing undo frustration and expense to the taxpayers of Ontario; AND WHEREAS the ratepayers of the Township of Malahide have asked that the Council push back on government imposed regulations that appear to have limited local benefit; NOW THEREFORE, the Council of The Corporation of the Township of Malahide does hereby propose that the Drive Clean program be wound down recognizing than it was originally created to relieve rural and small town Ontario where vehicle concentration is low and to keep the testing only in areas of high concentration, essentially making ruraltsmall town Ontario exempt from Drive Clean; AND THAT this resolution be forwarded with a request for action to: the Ontario Ministry of Transportation, the Ontario Ministry of the Environment, Jeff Yurek, Elgin-Middlesex-London MPP, Association of Municipalities of Ontario (AMO), Rural Ontario Municipal Association (ROMA), and the County of Elgin municipalities, Carried. DISCLAIMER:This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies,officers,directors or agents. MICHELLE M.CASAVECCHIA SUSAN E. WILSON Chief Adminisirofive Officer/Clerk Director of Finance mcosavecchiaCmalahide.ca swilson @rnalahide.co I 1 F-tia 2013 5 TOWN OF LAKESHORE 419 Notre Dame St. May 21, 2013 Belie River, ON NOR 1AO Dear Sir or Madam; RE: RESOLUTION OF LAKESHORE COUNCIL 400 SERIES HIGHWAYS-- REPAIRS AND MAINTENANCE TO OVERPASSES At their meeting of April 23, 2013 the Council for the Town of Lakeshore requested that the following resolution be forwarded to the neighbouring municipalities and those municipalities in the Province adjacent to a 400 series highway. Councillor Diemer moved and Councillor McKinlay seconded: That: 9. Council request AMO to lobby the Ministry of Transportation to provide financing to municipalities for any maintenance and repair work that needs to be undertaken on approaches and overpasses to 400 series highways in the Province of Ontario Motion Carried as Unanimousl The Town of Lakeshore has set aside funds in their 2013 budget to undertake repairs and repaving of two overpasses at Highway#401 at an estimated cost of$715,000.00. Council is seeking your support and requests that you send a letter of support to the Ministry of Transportation with a copy to AMO. Should you require additional information with respect to the above please feel free to contact the undersigned. I remain Yours truly, Mary Masse Clerk Isr cc: Members of Council Essex County Municipalities Municipalities in Ontario adjacent to a 400 Series Highway(90) AMO Ministry of Transportation Ph'. 519-728-2700 Fax: 519-728-9530 Toll: 1-877-249-3367 www.lakeshore.ca P-4� '~ 0 e nl6 CORYOMnO\OYn RC—OF ST. THOMAS May 21, 2013 Municipality of West Elgin 22413 Hoskins Liner. `"'` PO Box 490 11s ' Rodney, ON NOL 2CO i Attention: Mayor Bernie Wiehle Letter of Support Request The Select Field Sports and Recreation Committee respectfully requests a letter of endorsement from your municipality to support the future development of a large scale sports and recreation facility in Elgin County. This facility would provide a venue for grass and turf sports fields as well as the possibility of an indoor facility. Such a facility would provide a much needed benefit to our communities as we actively play host to thousands of men, women and children participating in field sports each year. This project is still in its infancy. At this time, your support would be in principle only and would hold no financial commitment. The Select Field Sports and Recreation Committee is comprised of the City of St. Thomas, the Municipality of Central Elgin, the St. Thomas Soccer Club and representatives of minor football. Sports fields have been an integral part of our community for many years and user groups have utilized the current facilities to capacity. With an increase in public interest and the growth of local sports clubs, the current facilities are no longer able to successfully meet these growing demands. The Committee anticipates that a future regional facility will provide an economic benefit to all of our communities. We believe that this facility will create a valuable tourist/economic stream for southwestern Ontario. We hope you will see the value in the development of a field sports and recreation complex for Elgin County and look forward to the possibility of working together with you, other neighbouring municipalities and sports clubs. We have enclosed a concept plan for the facility to provide a better understanding of the scope of the project. If you should have any further questions, please do not hesitate to contact the undersigned. Sincerely, Robin Granger Acting Chair, Select Field Sports and Recreation Committee The Corporation of the City of St. Thomas, 545 Talbot Street, St, Thomas, Ontario N5P 3V7 Elgin County O.P.P. Detachment T- Ontario Police I 42696 John Wise Line Provincial provinclale St.Thomas,ON N5P 359 Police de ('Ontario TelephonefT61ephone: (519)631-2920 Facsimilelrelecopieur: (519)631-2923 File number: 800 Reference: April 16, 2013 Municipality of West Elgin 22413 Hoskins Line- PO Box 490 Rodney, Ontario NOL 2C0 Attn: Mayor Bernie Wiehle Re: Ministry of Municipal Affairs and Housing(Performance Measurement.Progjam) I have received the statistical information you requested for the above report. The following are statistics for the Municipality of West Elgin for 2012: Offence T e E126 ctuals Cleared Rate Violent Crime 32 31 96.9% Property Crime 82 11 13.4% Other Criminal Code 12 8 66.7% Total 50 39.7% In 2012 there were 4 Young Persons charged in the Municipality of West Elgin. PIease do not hesitate to contact me if you have further questions about the above statistics. Yours truly, Brad Fishleigh Inspector Detachment Commander Elgin County Detachment BFlsm ' rzr Fl4rrer ., rAs 3 0 2013 TOWNSHIP OF ASHrItLD-COL$OKNE-WAWAN05H RESOLUTION Moved by: Roger Watt. No. 5 Seconded by: Barry Millian WHEREAS the Liquor License Act,Ontario Regulation 389191,Special Occasion Permits,took effect on July 1, 2012; . AND'WHEREAS a Special Occasion Permit(SOP)is required any time al:cohoI is offered for sale,served,or consumed,anywhere other than in a licensed establishment or a private;place; AND WHEREAS the Alcohol and Gaming Commission of Ontario(AGCO)regulate these types of events; AND WHEREAS one type of occasion for which a SOP may be issued is a Private Event,such as weddings, birthdays,funerals,bridal showers,and stag.&does; AND WHEREAS these types of Private Events are now regulated and for invited guests only,and the event must not be advertised to the public,including by way of flyers,newspaper,interne4 or radio,and the event cannot be open to the public; AND WHEREAS under the Private Event SOP,there can be no intention to gain or profit from the sale of alcohol at the event; AND WHEREAS a Stag&Doe is classified as a Private Event,and a Sale SOP is required when money is collected for alcohol through alcohol sales,and an admission.charge for the invited guests attending the event to recover the costs of the event only; AND WHEREAS games of chance or mixed chance and skill(raffles, 50150 draws,door prizes, bingo, wheels of fortune,break open ticket)are not permitted at these events; AND WHEREAS Stag&Does are important for couples,and the intention of these events is to generate funds for the couple.as they begin their life together; AND WHEREAS the rules under the Special Occasion Permits has a detrimental effect on the Stag&Doe events. NOW THEREFORE BE IT RESOLVED THAT the Alcohol and Gaming.Commission be petitioned to amend the Liquor License Act to exempt Stag&Does from the regulation. AND FURTHER THAT this resolution be circulated to all municipalities:in Ontario for support. CARRIED 82133 Council Line,RR#5,Goderich,Ontario N7A 3Y2 Rhone 519-524-4669• Fax 519-524-1951 Email clerk @acwtownship.ca DISCLAIMER:This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies,officers,directors or agents. T h fi• Municipality of Central Huron P.O. Box 400, 23 Albert Street, Clinton, Ontario NOM 1 LO Telephone: 519-482-3997 Fax.- 519-482-9183 w Email.,info @centralhuron.com www.centralhuron.com COUNCIL MEETING MAY 21, 2013P ^ } ` 3 7013 Resolution 205-13 i Moved by: Burkhard Metzger Seconded by: Dan Colquhoun WHEREAS the Premier of Ontario has recently conveyed the Government's desire to limit Industrial Wind Turbine (IWT) Projects to communities that are willing hosts; AND WHEREAS residents of Central Huron have indicated to Council that more than 500 residents have signed a petition opposing IWT developments in Central Huron as regulated under the Green Energy Act (2009); AND WHEREAS Council for the Municipality of Central Huron has taken a consistent position on the issue of IWTs when asked to support motions in other municipalities opposing IWT's; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Central Huron applauds the position taken by the Premier and the Government; AND THAT the Council for the Municipality of Central Huron has received a clear message from its residents that they are not willing to host IWTs in Central Huron; AND THAT based on the consistent position of Council for the Municipality of Central Huron and the input received from the community regarding IWTs, that the Province of Ontario and specifically, the Ministry of the Environment be now advised that the Municipality of Central Huron IS NOT a "willing host"for IWT projects as regulated under the Green Energy Act (2009); AND THAT this resolution be circulated to Premier Kathleen Wynne as well as to the Minister of the Environment, Minister of Energy, Minister of Rural Affairs, and to all Ontario Municipalities for their support and endorsement. Incorporated 2001 Township of Goderich Township of Hullett Town of Clinton DISCLAIMER:This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies,officers,directors or agents. Ministry of Minist6re des \/ Consumer Services Services aux consommateurs Office of the Deputy Minister Bureau du sous-ministre /900 Bay Street 900,rue Bay 6th Floor,Mowat Block Edifice Mowat,6e stage Ontario Toronto ON WA 1 L2 Toronto ON WA 1 L2 Tel.(416)212-2665 T61. (416)212-2665 Fax(416)314-7167 Te1ec.(416)314-7167 June 3, 2013 Dear Stakeholder: am writing to update you on the status of Ontario's one-call-to-dig system. We are working closely with Ontario One Call (ON 1Call) as we support the effective implementation of the Ontario Underground Infrastructure Notification System Act, 2092 (the Act). In February 2013, the ministry, in cooperation with ON1Call, issued a consultation paper. We met with a broad range of public and private underground infrastructure owners and excavators to clarify the Act's requirements and solicit feedback about a number of areas, including membership and potential regulations. I am advised that information about how ON1Call will interpret the membership requirements under the Act and ON1 Call's revised fee structure is now available on their website at http://on1call.com/index.Phr)/resource-centre/latest-news/. In response to the consultation, ONICall is now reviewing its proposed governance structure. ON1 Call will provide more information on this in the near future. The ministry and ON1 Call are currently developing regulations for consultation. These proposed regulations will be released in fall 2013 for stakeholder response, with the goal of obtaining government approval by year end. Under the Act, the one-call-to-dig system will be fully in force for all members in June 2014. Until then, there are many important steps that need to occur. The Act specifies non-municipal owners and operators of underground infrastructure who are required to join ON1Cal1 as of June 19, 2013. Non-municipal owners and operators should contact ON1 Call by phone at (519) 265-8006 or by email at memberservices@on1call.com to confirm whether they are required to become members and, if so, to register with ON1 Call. Municipalities that own or operate underground infrastructure must join ON1 Call by June 19, 2014. We encourage municipalities to join ON1Call before that date to ensure a smooth transition. 12 -2- To meet their obligations under the law, all excavators continue to be responsible for contacting all owners of infrastructure (including non-municipal and municipal infrastructure owners that are not yet ON1Call members) that may be affected by an excavation. Excavators who do not ensure they have obtained locates for all necessary underground infrastructure before they dig continue to be subject to penalty under Ontario law. As we move towards full implementation, we continue to work with ON1Call and impacted stakeholders to address a few unresolved issues. Thank you for your continued input. Please contact Vanessa Rae, Senior Policy Advisor at (416) 325-6017 or by email at onecalltodi ontario.ca, if you have any questions or concerns. Sincerely, Giles Gherson Deputy Minister c: Mr. Geoff Fitzgibbon, Executive Director, Ontario One Call t "°F PET R°, THE CORPORATION OF THE TOWN OF PETROLIA 411 Greenfield Street _. P.O.Box 1270 PETROLIA,Ontario Canada NON IRO Telephone:519-882-2350 FAX: 519-882-3373 www.town. etrolia.on.ca "Celebrating our Heritage.Investing in our Future" May 28, 2013 Premier Kathleen Wynne Legislative Building Queen's Park Toronto, Ontario M7A 1 A 1 Re: Motion of"Not a Willing Host Community"for IWT projects Dear Ms. Wynne, PIease be advised that the Council of the Town of Petrolia has unanimously during the regular session of Council on May 27, 2013 passed the below motion that we are "Not a Willing Host Community" for IWT projects. We are also forwarding our motion on to Ontario Municipalities, local MPP Mr. Bob Bailey, and local MP Ms. Pat Davidson. Sincerley, Mandi Pearson Deputy Clerk/Operations Clerk MOVED: Liz Welsh SECONDED: Mary-Jane Samela "WHEREAS the Premier of Ontario has recently conveyed the Governments desire to limit Industrial Wind Turbine projects to communities that are willing hosts; AND WHEREAS Council for the Town of Petrolia applauds the position taken by the Premier and the Government; AND WHEREAS council is very concerned that the Green Energy Act has substantially changed the rules for municipalities with respect to wind farm developments by removing municipal control over development applications Rodney, June,4`h-201.3 `3 Council of Municipality of West Elgin f Rodney, On NOL 2C0 To all members, We would like to request a deeming by-law to be passed deeming lot 5 plan 135 in the Municipality of West Elgin be no longer considered on a plan of subdivision, to satisfy a condition of severance 95-12 requesting that the parcel of lot 60 plan 202 be merged with lot 5 plan 135. We are also requesting that the fee of$1200.00 be waived as exemption as we already have paid for rezoning and our lawyer, Martin Joldersma, will be registering the by-law on title. Thank you for your consideration, Gerard Bastien Darlene Bastien Gaston Begin Louise Levasseur Begin -_�GZD J ' The Corporation of the Township of Huron-Kinloss P.O.Box 130 _. ...___ _.. Phone:(519)395-3735 21 Queen 5t. Fax:(519)395-4107 Ripley,Ontario NOG 2110 E-mail:Info@huronkinloss.com www.huronkinloss.com "NOT A WILLING HOST" for Industrial Wind Turbines May 22 ad 2013 ` RESOLUTION No. 143 _ Moved by: Carl Sloetjes Seconded by: Don Murray WHEREAS the Premier of Ontario has recently conveyed the Governments desire to limit Industrial Wind Turbine (IWT) Projects to communities that are willing hosts; and WHEREAS research done by the Grey Bruce Health Unit Medical Officer of Health, Dr. Hazel Lynn and Dr. Ian Arra indicates that industrial wind turbines have a definite human annoyance on residents living around and near these structures; and WHEREAS the installation of Industrial Wind Turbines throughout the Province, Grey and Bruce Counties and specifically Huron-Kinloss have caused considerable health effects on a number of local residents; and WHEREAS Dr. Hazel Lynn states a new review of health impacts of turbines indicates changes needed to be made in the location of wind turbines increasing the separation distance from the current provincially mandated 550 metres; and WHEREAS the Township, accordingly, supports the position by a number of other rural Ontario municipalities that the Province should impose a moratorium on the approval of wind energy projects until clear evidence is provided ruling out health impacts; and WHEREAS dozens of municipalities across the province have repeatedly asked for a moratorium on the construction of Industrial Wind Turbines until questions such as health concerns of people living in proximity to the Industrial Wind Turbines,proper setbacks of Industrial Wind Turbines, devaluation of neighbouring properties, decimation of the rural landscape and destruction of wildlife habitats are properly studied and addressed; and NOW THEREFORE BE IT RESOLVED THAT The Township of Huron-Kinloss hereby advises the Province of Ontario and specifically the Ministry of Environment that the Township of Huron-Kinloss is "NOT A WILLING HOST"for Industrial Wind Turbines; and FURTHUR THAT this resolution be circulated to Premier Kathleen Wynne as well as to the Minister of Environment, Minister of Energy, Minister of Rural Affairs,the local MPP, and to all Ontario Municipalities for their support and endorsement. Carried. DISCLAIMER:This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies,officers,directors or agents. 318 Canborough 5t. P.O. Box 400 Smithville,ON �-- West T L i _ c oln TOR T. 905-05- 957-3346 Your Future Naturally F:905-957-3219 www.westlincoln.ca CLERK'S DEPARTMENT May 29, 2013 ATTN: All Ontario Municipalities FROM: Carolyn Langley, Cleric, Township of West Lincoln Re: Resolution to Province re-garding Township of West Lincoln will not sign a Community Vibrancy Agreement with any Industrial Wind Turbine Applicant This is to confirm that West Lincoln Township Council at its meeting of May 27th, 2013 adopted the following resolution: WHEREAS the Niagara Region Wind Corporation presented a draft Community Vibrancy Agreement to the Township of West Lincoln for consideration in September 2012; and, WHEREAS Council for the Township of West Lincoln, and Township legal counsel have deliberated and discussed the Community Vibrancy Agreement at length; and, WHEREAS Council for the Township of West Lincoln has now declared itself as an 'unwilling host'; NOW THEREFORE Council for the Township of West Lincoln hereby declares that the Township will not sign a Community Vibrancy Agreement with any Industrial Wind Turbine applicant; and, THAT all municipalities be encouraged not to participate in a Community Vibrancy Agreement; and, THAT, this resolution be forwarded to the Premier, Leaders of the Official Oppositions; Ministers of the Ministries of the Environment, Infrastructure and Energy, Rural Affairs and Agriculture and Food; Region of Niagara; Niagara Peninsula Energy Inc.; local MP and MPP, the Renewable Energy Approval applicants in West Lincoln, and all Ontario municipalities through Association of Municipalities Ontario. DISCLAIMER:This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies,officers,directors or agents. L- 1 Vest Elgin Arena Board Regular Session April 9 2013 This session of the West Elgin Arena Board was called to order at 9:30 am with the following members present;Melissa Wardell, Bob Purcell, Dug Aldred, Mary Bodnar,Alphonse Willie and Recreation Superintendent Jeff Slater. Item# 1 Disclosure of Pecuniary Interest:None noted. Item#2 Delegations:None were present. Item#3 Adoption of Minutes: Moved By: Bob Purcell Seconded By: Dug Aldred The West Elgin Arena Board resolves that the minutes of February 18 2013 be approved as presented. CARRIED Item#4 Accounts and Financial Reports: Moved By: Melissa Wardell Seconded By: Dug Aldred The West Elgin Arena Board resolves that the March accounts in the amount of$29, 021.42 be approved. CARRIED Item#5 Business Arising from the Minutes: • Concession Agreement: The Recreation Superintendent reported hat the tender/proposals for the operation of the Arena Concession does not close until Friday.As such the tenders/ proposals will not be available until next meeting. There was some discussion regarding offering the operation of the concession to service clubs should the arena Board not receive any proposals.The matter was deferred until the May session. Item#G Correspondence: There was no correspondence presented. Item#7 New Business: • Moved By:Dug Aired Seconded By: Bob Purcell The West Elgin Arena Board resolves that the West Elgin Arena Board donate $50.00 to the Cancer Society in memory of Theresa Schnekenburger,sister of Alphonse Willie. CARRIED Item#S Adjournment: Moved By;Melissa Wardell Seconded By: Dug Aldred The West Elgin Arena Board resolves that this session of the West Elgin Arena Board hereby adjourn at this hour of 10 am and reconvene on May 14 2013 at 9:30 am or at the call of the chair. CARRIED MINUTES TRI-COUNTY MANGAGEMENT COMMITTEE WEST ELGIN PRIMARY WATER SUPPLY SYSTEM WEST ELGIN COUNCIL CHAMBERS April 30, 2013 7:00 P.M. MEMBERS PRESENT: Bernie Wiehle Municipality of West Elgin Norm Miller Municipality of West Elgin Dug Aldred Municipality of West Elgin Richard Leatham Municipality of West Elgin Doug Reycraft Municipality of Southwest-Middlesex Vance Blackmore Municipality of Southwest-Middlesex John Kendall Municipality of Southwest-Middlesex Cameron McWilliam Municipality of Dutton-Dunwich Ian Fleck Municipality of Dutton-Dunwich Diane Brewer Village of Newbury Scott Gawley Municipality of West Elgin ALSO PRESENT: Marigay Wilkins Municipality of Southwest-Middlesex (alternate) Dale LeBritton OCWA Andrew Valickis OCWA Susan Budden OCWA SUBJECT: Conflict of Interest There were no declarations of conflict of interest. SUBJECT: Minutes Moved by Doug Reycraft Seconded by Vance Blackmore That the minutes of the meeting held on January 29, 2013 be adopted as printed and circulated. Carried Motion 2013-10 SUBJECT: Monthly Plant Profiles The Committee received the January to March 2013 monthly plant profiles. Page 2 of 4 SUBJECT: 2013 First Quarter Operations Report The Committee received the fourth quarter operations report for 2012. Dale will follow-up on why the change in Glencoe Meter Chamber and Iona Inter-Connect. SUBJECT: 2012 Performance Assessment Report The Committee received the January to March 2013 Performance Assessment Reports, SUBJECT: 2013 Budget to First Quarter Actual Results The Committee received the 1St Quarter Financial Results and Y-T-D are under budget. SUBJECT: Quote from OCWA— Replacing Micro Screen Two quotes received for replacing the Micro Screen: 1. Pall Corporation $6,142.35 + HST 2. Pelmar Engineering $6,795.00 + HST Moved by Dug Aldred Seconded by Mary Bodnar That committee approves the lowest bid for Micro Screen Replacement be accepted from PALL Corporation for $6,142.35 + HST. Carried Motion 2013-11 SUBJECT: SCADA Upgrade Moved by Doug Reycraft Seconded Ian Fleck That the Quote from ERAMOSA Engineering be accepted for $3,563.16 + HST for Upgrade of SCADA System. Carried Motion 2013-12 SUBJECT: Generator Service Report— Update It was reported that the repairs have been completed at cost of approx. $10,000. PRIMARY SYSTEM SUBJECT: PALL Corporation Annual Inspection of West Elgin WTP It was reported a good inspection from the PALL Corporation on the Water Treatment Plan and a number of recommendations are being implemented. Page 3of4 SUBJECT: Ministry of Environment— Drinking Water System Inspection Annual Ministry of Environment Inspection Report was presented. The issue of the colour water was discussed with possible solutions for the future. Andy Valickis will provide a scope of possible solutions for the next meeting. SUBJECT: Financials - 2012 Yearend Results The 2012 Un-Audited Financial Results were presented and the surplus will be credited to West Elgin, Dutton-Dunwich and Southwest next water bill. SUBJECT: Financial - 2013 Y-T-D vers 2013 Budget The Y-T-D 2013 Financial Results were presented. CORRESPONDENCE: SUBJECT: Township of Southwold — Iona Interconnect Response and resolution of the Township of Southwold was presented for the Committee's information. SUBJECT: SWM — Notice of Public Meeting Meetings AVIVE Water Treatment System Two public meeting are being for proposed changes in the Municipality of Southwest Middlesex: 1. Tuesday May 14, 2013 5:00 pm to 7:00 pm —Wardsville Community Centre 2. Thursday May 23, 2013 6:00 pm to 8:00 pm — Glencoe Arena Auditorium SUBJECT: SWM Peroxide Project Update Andrew Valickis updated the Committee on the SWM Project Update. At this time OCWA staff left the meeting. OTHER BUSINESS SUBJECT: New Management Agreement— Proposed Fee for Agreement Moved by Doug Reycraft Seconded by Cameron McWilliam RESOLVED That the Proposal from David Woodward of Learners LLP to review and give a legal opinion on the New Tri-County Management Agreement be accepted. Carried Motion 2013-13 Page 4 of 4 SUBJECT: Water Treatment Plant RFP Received Two Proposals: 1. WATERBRU $20,000.00 2. CIMA $35,800.00 Moved by Ian Fleck Seconded by Richard Leatham That the preparation of RFP for the Operations of the West Elgin Water Treatment Plant be awarded top WATERBRU — Bruce Boland for an upset limit of$20,000.00. Carried Motion 2013-14 SUBJECT: ADJOURNMENT Moved by Norm Miller Seconded by John Kendall That this meeting be adjourned at 9:15 p.m. to meet again on May 28, 2013 at 7:00 p.m. Carried 2013-15 Bernie Wiehle-Chairperson Scott Gawley— Recording Secretary