Loading...
November 26, 2002 Agenda ORDERS OF THE DA Y , FOR TUESDA y, NOVEMBER 26't:H, 2002 AT 9:00 A.M. i ORDER Meeting Called to Order Adoption of Minutes - meetings held on October 29, 2002 Disclosure of Pecuniary I~''''^~ : and the General Nature Thereof Presenting Petitions, Pre ,)ns and Delegations PRESENTATIONS: Warden Wilson to unveil 'òquicentennial Podium 9:00 A.M. - Employee R I tion (see attached) "L9'....vt 1st 2nd 3rd 4th PAGE # Rumble Strips on Quaker DELEGATIONS: 9:30 A.M. - Mr. Kevin Butters - re: Installation of Road (ATTACHED) 1 2 Comm'ittee Of The Whole Council" Outside! Boards and Staff - see attached Motion to Move Into Reports of Council, Council Correspondence Items for Consideratio~ Items for Information (Consent 5th 6th 7th 3"87 1) 2) 88-92 93·147 Agenda) OTHER BUSINESS 1) Statementsllnquiries by Members 2) Notice of Motion ' 3) Matters of Urgency 8th the Committee Of The Whole Items - see separate agenda , n-Camera Recess Motion to Rise and Report Motion to Adopt Recommer¡ìdations from Consideration of By-Laws ADJOURNMENT 9th 10th 11th 12th 13th 14th 148 LUNCH WILL aE PROVIDED i EMPLOYEE RECOGNITION - NOVEMBER 26. 2002 COUNCIL MEETING (full-time) 25 years ADMINISTRATIVE SERVICES Sandra Heffren Elgin Manor Terrace Lodge Terrace Lodge (full-time) (full-time) (part-time) 25 years 25 years 25 years HOMES Gloria Hiddink Mary Jenken Phyliss Maertens Elgin Manor Elgin Manor Bobier Home Elgin Manor Bobier Home (full-time) (full-time) (full-time) (full-time) (fulHime) 20 years 20 years 20 years 20 years 20 years Margaret Ashton Barbara Gammon Marjorie Gibson Carolyn Howey Anna Young Bobier Home Elgin Manor Terrace Lodge (full-time) (full-time) (full-time) 15 years 15 years 15 years Janith McMillan John Smith Wanda Teeple Bobier Home Terrace Lodge Terrace Lodge Elgin Manor 10 years (full-time) 10 years (full-time) 10 years (part-time) 10 years (part-time) Deanna Brophy Michele Harris Joan Lale Francine Vankoug (full-time) 15 years HUMAN RESOURCES Dorothy Schaap (Main Branch) Library 1 (full-time) 15 years LIBRARY SERVICES Carol Robson Kevin and Faye Butters 9742 Quaker Rd. R.R.# 3 St.. Thomas, Ontario (H)773-2163 (C)673-9949 October 30,2002 County of Elgin Re: Installation of Rumble Strips on Quaker Road ATTENTION: Mark MacDonald, It has come to our attention that with the resurfacing of Quaker Rd., rumble strips may possibly be installed at Quaker Rd. and Talbot Line. We strongly oppose rumble strips in our neighborhood. They would contribute unnecessary noise pollution 24 hours/day, 7 days/week resulting in us being unable to continue to enjoy being outside or inside. The noise created by rumble strips will affect the things our family values and deteriorate the quality oflife in our neighborhood that we have come. to enjoy over many years. We have listened to the "new style quieter" rumble strips at Fairview and Sparta Line and find them to be unacceptable too. We feel that there are many other options available that would achieve the same result as rumble strips, but would be environmentally friendly and less offensive to our neighborhood. Improve signage and it's visibility, such as a double stop sign. ie. most Highbury crossroads. Larger stop sign. ie. Belmont Rd. and Talbot Line. Bold warning stripes painted on the road similar to Centennial Ave. and Elm St. Improve lighting, including a flashing light on the Quaker Rd. and John Wise Line. A flashing intersection light. ie. Belmont Rd. These are some of the other options available to the county. stop sign. ie. and Talbot Line. We wish to discuss the alternatives with you before the work on Quaker Rd is completed. Please contact us at your convenience to keep us informed of the progress of an alternative solution. Thank: you for your consideration ofthis matter. Sincerely, fuv··vÞv OJrLcl0-ALjb Kevin and Faye Butters Mayor Dave Rock, Corporation ofthe Municipality of Central Elgin 2 cc: REPORTS OF COUNCIL AND STAFF November 26th 2002 Reports from Outside Boards - (ATTACHED) Paae # Chairman - Land Division Report Rob Lindsay, Tree CommissionerlWeed Inspector - Year End Report 2002 Dave Menni 9:15 A.M 5 6 Staff Reports - (ATTACHED) Tree CommissionerlWeed Inspector - New Municipal Act and the Elgin County Tree By-Law 8 Tree CommissionerlWeed Inspector - Application for Minor Exception, Lot 7 Concession STRE, Township of Southwold 25 Tree CommissionerlWeed Inspector - Changes to the Weed Control Act 30 Manager of Engineering Services - Sign Policy Update Manager of Engineering Services - Minimum Maintenance Standards - Ontario Regulation #239/02 32 45 Manager of Engineering Services - Bobier Villa Operational Issues - Update 54 (Migrating to Unicorn) Manager of Library Services - Library Automation 57 Manager of Library Services - Lease Prices for Vehicle for Library Deliveries 59 Director of Human Resources - United Way - Penny Raffle 62 Director of Human Resources - United Way Campaign 2002-2003 64 Deputy Clerk - County Ring Policy Chief Administrative Officer - County Council Recognition of County Social Committee 66 70 Residents Director of Homes and Seniors Services - 2002 Holiday Gift For of the Homes 71 Director of Homes and Seniors Services - Snow Removal J? 73 Emergency Measures Coordinator - Land Ambulance - Ministry Response Time Framework Funding Director of Financial Services - 2002 Budget Comparison - September 30, 2002 Director of Financial Services - Interim Report for 2002 Capital Projects Director of Financial Services - Retroactive Rate Increase - Union Gas Manager of Elgin County Pioneer Museum - Ontario's Promise - Programming for Youth Volunteer Opportunities Manager of Elgin County Pioneer Museum - Museum Repórt 2002 lJ 75 77 80 83 84 86 LAND DIVISION COMMITTEE REPORT November 26th Meeting. 2002 To the Warden and Members of the Elgin County Counci The Land. Division Committee reports as follows: LAND SEVERANCES NOVEMBER 1, 2001 TO OCTOBER 31 Ease. Def. R.0.w. or Lease Tabled 2002 Ret. S.D N.L. E.L. N.G G,C. 3 2 1 2 3 1 4 3 1 5 10 3 9 4 10 1 2 4 1 1 15 24 8 11 14 AYLMER BAYHAM CENTRAL ELGIN DUTTON/DUNWICH MALAHIDE SOUTHWOLD 2 2 4 10 6 2 2 14 WEST ELGIN 7 1 8 11 44 23 3 87 (90) TOTAL Retirement Lot Easement Right of Way Lease Deferred or Tabled Ret. Ease. R,O.W Lease Def. or Tab. Granted Conditionally Not Granted ExistingLpt New Lot S.urplus Dwelling G.C N,G E.L. N.L. S.D. 4 7 Full Days Half Days Number Of Hearings 5 ALL of which is respectfully submitted REPORT TO COUNTY COUNCIL Rob Lindsay, Tree CommissionerlWeed Inspector FROM 13. November 2002 End Report for 2002 Year DATE SUBJECT: NTRODUCTION Below ¡sa year-end summary of activity regarding the Elgin County Tree By-Law fOr the months of December 1, 2001 to November 1, 2002 and the Weed Orders issued between June 1 and October 14,2002. DISCUSSION Logging Activity/Notices of Intent: This year 126 Notices of Intent have been submitted from December 1, 2001 to November 1, 2002. Notices were filed as follows by Municipality: Bayham 25; Malahide 27; Central Elgin 22; Southwold 22 Dutton/ Dunwich 7; and West Elgin23. This number is down 30 from last year. Applications for Minor Exception There were 3 applications to clear woodlands within the County. Three applications were approved with 3.18 hectares being cleared. Approved .clearings conformed to the County's No Net Loss policy with equivalent hectares replanted. Summary of approved clearings and replanted are.as by Municipality: 0.13 hectares in Bayham; 0.22 hectares in Malahide; 2.83 hectares in Central Elgin; and 0.4 hectares inSputhwold whichi$ pending Bayham: Trees will replant on site once the museum is built. Malahide: Trees will be replanted on golf course lands after final grading in the spring of 2003. Central Elgin: Trees were replanted on retired lands Water Gardens. Southwold: The landowner wi! 2003. is completed Replanting ofcle.aredland for the above land clearings is as follows: 1 2. Moore trees on unworkable land in the spring of the property of located on replanting be 3. 4. occurred this year totalling 0.775 hectares of violations by Municipality: 0.775 hectares in Violations There was one violation that unauthorized land clearing. Summary of Malahide. 2003 by Catfish Creek the spring of 6 take place in wi Replanting for this violation Conservation Al thority. 2 Weed Complaints and Orders: This year approximately 60 complaints were received regarding weed problems. Upon inspe.ction of the complaint, there were 25 Weed Orders issued when the affected landowner could not be reached by telephone. This year included some changes to the Weed Control Act, which required areas to be within close proximity to é\gricultural or horticultural operations. Promotion/Annual Open house: The annual Open house was held Feb 28th at the New Sarum Dinner with approximately 70 woodlot owners attending. Topics included review of the County Tree By-Law, good forest management strategy, maximizing profit and dealing with loggers. Pamphlets are available at all municipal offices and two newspaper advertisements are placed in all Elgin newspapers promoting the Tree ByeLaw. The Elgin Woodlot Owners Associatiön continues to be an active participant with this workshop. the County of Elgin's Tree Tax notice mail outs have assisted in Informing landowners of By-Law. them of the that operate in Elgin County informing Notices were. sent out to all contractors tree cutting by-law. to discuss Future options for prpmotion are to attend Municipal Council meetings in May any changes in the Weed Control Act or the County Tree By-Law. RECOMMENDATION THAT the report from the Tree Commissioner/Weed Inspector entitled "Year End Report for 2002" be received for information purposes and filed. Approved for RespectfLlllySubmitted Mark McDona Chief Administrative Officer 7 Rob Lindsay Tree Commissioner REPORT TO COUNTY COUNCIL Rob Lindsay, Tree Commissioner FROM: the Elgin County Tree By-Law 30 October 2002 New Municipal Act and DATE: SUBJECT: NTRODUCTION At the March1ih County Council meeting the Tree Commissioner was instructed to review and report back to Council regarding fine structures for illegal clearing of woodlands. The Tree Commissioner has reviewed the current Tree By-Law as well as new legislation in the "Municipal Act 2001" which has implications to the Tree By-Law. DISCUSSJON: On January 1, 2003, the "Municipal Act 2001" comes into force and will alter the way the tree by-law will be governed and a review of the entire By·Law is warranted to comply with the changes. These changes include: the Notice of Intent would become a Permit which could have a fee associated with it; Enforcement protocols could lead to increased court action; Fine structures are outlined in the Municipal Act 2001; and Requirements relating to loggers' qualifications (i.e. Proof of Cutter/Skidder Training Certificate) could be required. Also, during the review of other surrounding County By-Laws, the Tree Commissioner has discovered variances between them. For example, most counties have a section outlining definitions used within their by-law and Tree Commissioners across the province feel it would be beneficial to have cOnsistent definitions for ease of enforcement. Accordingly, the Tree Commissioner has included the following in the County's Tree By-Law: a detailed definitions list; permit form; minor exception form; fine structure; and a requirement for sign postings at all sites. CONCLUSION The Tree Commissioner is recommending amendments and revisions to the current By- Law and inclusion of the following Sections: (changes are highlighted in bold print in the attached draft by-law) A fee schedule for permits and signs Signage requirements for logging and clearing of Woodlands A fine structure A definitions section General prohibition Exemptions Exemption granted by Counci Notification 8 1. 2. 3. 4. 5. 6. 7. 8. 2 9. Appeals from the decision of the officer 10. Orders to discontinue activity 11. Offence 12. Enforcement 13. Aministration RECOMMENDATION THAT amendments be made to the current County Tree By-Law to conform to the new "Municipal Act 2001" standards, as indicated in the report from the Tree Commissioner, entitled New Municipal Act and the Elgin County Tree By-Law, dated October 25, 2002, and the attached "Draft" by-law be approved for implementation effective January, 1, 2003. Approved for Submission Respectfully Submitted 9 Rob Lindsay Tree Commissioner "DRAFT" COUNTY OF ELGIN By-Law No. 02- "BEING A BY-LAW TOPROHIBIT OR REGULATE THE DESTRUCTION OR " NJURING OF TREES ('WOODLANDS CONSERVATION BY-LAW' WHEREAS it has been deemed expedient for the general welfare of the County of Elgin to maintain and improve the forest, soil, game, and fish resources of the County by serving and improving the woodlands of the County; and WHEREAS Section 135 of the Municipal Act, R.S.O. 2001, being Chapter 25, as amended, permits the enactment of a by-law by a local municipality for prohibiting or regulating the injuring or destruction of trees in woodlands; and WHEREAS Section 11 of the Forestry Act, R.S.O.1990, being Chapter F.26, as amended, the council of a county may pass by-laws consistent with good forestry practices; and WHEREAS the Council of the County of Elgin did pass By-Law No. 87-6, as amended by By-Law No. 93-30, to regulate the destruction of trees by cutting, burning, bulldozing, application of chemicals or other means; and WHEREAS a council may require that a permit be obtained for the injuring or destruction of trees in woodlands specified in a by-law and prescribe the fees for said permit and the circumstances under which a permit may be issued; and WHEREAS Council has determined that it is desirable to amend By-Law No. 87-6, as amended by By-Law No. 93-30, for the purpose of: Restricting and regulating the destruction of trees by cutting, burning, bulldozing application of chemicals, or other means; and (a) Providing for the appointment of officers to enforce the provisions of any by-law passed under this section; (b) NOW THEREFORE, the Municipal Council of the Corporation of the County of Elgin enacts as follows: Definitions 1. njure trees and In this by-law: "Application for Permit" means a written request to destroy or upon approval shall become the permit. (a) "Basal Area" means the area of the cross-section of the stem of a tree taken at a point of measurement 1.37 metres above the highest point of ground in an undisturbed state at the base of the tree. (b) "Business Day" means any day falling on or between Mon :lay and Friday of each week but does not include any statutory holidays. (New Y~ar's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas Day and Boxing Day. (c) "Chief Administrative Officer" means the Chief Administrative Officer of the County of Elgin or designate. (d) "Circumference" means the measurement of the perimeter or outer boundary of a stem or trunk of a tree with such measurement including the bark of the stem o 1 (e) 2 or trunk. "Coppice Growth" means whère more than one tree stem grows from a single tree stump, the point of measurement for the purpose of this by-law shall be at the point on the tree trunk where the tree stems separate provided that such point of separation is closer than 1.27 metres to the highest point of the ground in an undisturbed state at the base of the tree. (f) "DBH (Diameter at Breast Height)" means the diameter of the stem of a tree measured at a point 1.37 metres above the highest point of ground in an undisturbed state at the base of the tree. (g) "Destroy" means any action that causes or results in the irreversible Injury or death of a tree. (h) "Diameter" means the diameter of the stem of a tree measured outside the bark at a specified point of measurement. (i) "Good Forestry Practice" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for thè forest and environmental conditions under which it is being applied and which minimizes dètriments to forest values including: significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health; and the aesthetics and recreational opportunities of the landscape. G) "Harvest" means the removal of a tree or trees by cutting or other means that result in irreversible injury or death of a tree by design. (k) means to do harm, damage, or impair. "Injure' (I) means the County of Elgin. "Officer" means Tree Commissioner or an Individual appointed by council for the administration and enforcement of this by-law. (m) "Municipality' (n) or equity in land. "Own Use" means shall be deemed not to Include any sale, exchange, or other disposition of the trees that are cut. title, interest, right, means a person having any "Owner' (0) (p) "Permit" means the written authorization from the officer as provided in Schedule "D". (q) "Person" means any individual, corporation, partnership, association, firm, trust, or other entity and includes anyone acting on behalf or under the authority of such entity. (r) "Point of measurement" means that point on the tree trunk measured 46 centimetres above the highest point of the ground in an undisturbed state at the base of the tree. (s) as defined in the Ontario Professional "Registered Professional Forester' Foresters Act, S.O. 2000, c.18 (t) "Sensitive natural areas" includes: i) Provincially designated Life Science Areas of Natural and Scientific Interest i) Wetlands designated as locally, regionally or provincially significant ii) Environmentally Significant areas within Elgin County as designated by anyone of the following: Ontario Ministry of Natural Resources, Catfish Creek Conservation Authority, Kettle Creek Conservation Authority, Lower Thames Valley Conservation Authority, and Long Point Region Conservation .Authority. 1 1 (u) 3 Significant portions of habitat of vulnerable, threatened and endangered species, significant woodlands, significant ravine, valley, river and stream corridors Sensitive natural areas designated in an approved official plan and; Any portion of a woodlot located within 30 metres of the water's edge of a locally, regionally or provincially significant wetland, a lake, a river, a stream, or an intermittent stream. iv) v) vi) "Silviculture" means the art and science of producing and tending a forest; the theory and practice of controlling forest establishment, composition, growth, and quality of forests to achieve the objectives of management. (v) the "Stump Mark" means a mark made with paint at the base of the tree below saw line and extending to the ground. (w) means a path created by dragging logs to a landing "Tree Marker" is an individual who has met the requirements to apply good forestry practice tree marking and has no economic ties to any logger or processors of timber products. "Skid Trai (x) (y) "Tree" means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 metres at physiological maturity. (z) "Understorey" means the trees and other woody species growing under the canopies of larger adjacent trees and other woody growth (aa) "Wildlife" means any amphibian, bird, fish, mammal, and reptile found in the wild, living unrestrained or free roaming and not domesticated. (bb) "Watercourse" means a natural or man-made watercourse containing flowing water at least part of the year. (cc) (dd) "Woodlands" means an area one hectare and greater defined by a continuous boundary and not bound by private property boundaries and having not less than: i) 1000 trees of any size per hectare; ii) 750 trees measuring over 5 centimetres in diameter per hectare; iii) 500 trees measuring over 12 centimetres in diameter per hectare; or iv) 250 trees measuring over 20 centimetres in diameter per hectare But dOes not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees. For the purpose of the definition of woodlands, all measurements of the trees are to be taken at 1.37 metres from the ground. General Prohibition Unless authorized by a permit issued under this by-law, no person shall p.ersonally or through another person through their actions or their direction, within the boundaries of the municipality, destroy, injure or harvest any tree in a woodland; OR When destroying or harvesting a tree in a woodland, no person shall; i) injure, destroy or harvest a tree in Sensitive Natural Areas ii) so conduct his operations as to unnecessarily injure or destroy any young trees adjacent thereto. iii) destroy a tree through harvesting below the stump mark unless inspected by the Officer iv) leave a tree top, which can be safely trimmed and not scheduled for fuelwood processing, higher than 3.5 metres from the ground to the highest branch 1 2 2. (a) (b) 4 V) Section 2 shall not apply to a person or logger as set out in Section 3: Exemptions of this By-Law. 3. Exemptions This By-Law does not apply to: (a) Trees planted and managed for the purpose of producing Christmas trees, nursery stock, ornamental trees; (b) Cultivated fruit or nut orchards; (c) The person has obtained an exemption from Council as described in Section 4 (Exemption Granted by Council) of this by-law to injure destroy or harvest the trees within a woodland; The circumference of the stem or trunk of the tree, at the prescribed point of measurement, equals or exceeds the circumference as prescribed for the species as found in Schedule "A" of this by-law, so long as; i) the destruction or harvest of the trees will not reduce the number of trees to below the minimum number of trees necessary to constitute a Woodlands; and ii) the person has been the owner of the land for at least two years prior to the date of the destruction or harvesting; and iii) providing that the requirements of Section 5 (Notification) of this by-law have been meet Interference with the right of the person who has been the registered owner of the land for at least two years to injure, destroy or harvest trees therefore for his or her own use provided that this does not include the sale, exchange or other disposition of the trees that are cut; Activities or matters undertaken by a municipality or a local board Qf a municipality; The injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey; The injuring or destruction of trees imposed as condition to the approval site plan, a plan of subdivision or a Consent under Section 41,51, or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivison agreement entered into under those secitons; The injuring or destruction of trees imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; The injuring or destruction of trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; The injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and ii) on which a pit or quarry is permitted land use under a by-law passed under Section 34 of the Planning Act. 2001,c.25,s.135 (12) Activities or matters authorized under the Forest Tree Pest Control Act, R.S.O. 1990 C.F. 25; Trees located within waste disposal sites as defined in Part V of the Environmental Protection Act, R.S.O. 1990 c.E.19; Activities or matters undertaken by the provincial or federal government or their agents; (d) (e) (f) (g) (h) (i) (j) (k) (I) (m) (n) Counci The own <ipply to I Law. The Offi(:er shall grant the application for the éxemption provided that the area in question is less than 0.2 hectares in size, there have been no objections filed with the Officer and the general purpose and intent of this By-Law is maintained. 3 tion Granted b er of woodlands or any person authorized in writing by such owner may the Officer for an exemption to Section 2 Subsection (a) and (b) of this By- Exem 4. (a) (b) 5 When granting an application for an exemption under subsection (b) of this section, the Officer may include terms or conditions to the approval of the exemption. If the application is greater than 0.2 hectares in size or the applicant files an objection to the terms or conditions in subsection (c) of this section, the application will be considered by Council. Application for exemption under subsection (a) of this section shall be competed on the form found in Schedule "B" and shall be submitted to the Officer along with such fees as is prescribed by resolution of Council. The applicant will erect and display a public notice sign as found in "Form A" regarding the exemption application at the entrance at the adjoining roadway to the land where the exemption is being sought in a position that is clear and visible to all persons, and such sign shall be in the format found in Schedule "C" The sign required under this section shall be posted at least 15 business days prior to consideration of this application. The council shall hear in person, or by counselor agent, from all persons who wish to speak to the exemption for which objections have been received and the Council shall deal with the exemption application in the normal course. When granting an application for an exemption under subsection (a) of this section Council may include terms or conditions (i.e. applicant will remove the sign after approval has been granted) to the approval of the exemption (c) (d) (e) (g) (i) (h) (f) Notification Woodland Owners, Logger, and Fuel wood operators (a) Every person or logger acting on behalf of the landowner who intends to destroy or injure or harvest or allow the destruction, injury or harvest of a tree in the owner's woodlands under Section 3, Subsection (d) of this by-law shall; make an application for a permit by submitting information as found in Schedule "D", at least five (5) business days prior to any harvesting taking place shall notify the Officer 24 hours prior to the start of harvest. Such "Application" shall be sent by first class mail, faxed or hand delivered to the Tree Commissioner at the Kettle Creek Conservation Authority, on "Form B" as found in Schedule "G" of this by-law. Each application will be accompanied by the prescribed application fee set as found in Schedule "E" Any person who submits an application for a permit will erect and display a notice to harvest sign "Form C" at the entrance of the adjoining roadway to the land where the harvesting activity is being completed that is clear and visible to all persons, and such sign shall be in the format found in Schedule "G" Every permit issued shall be issued to the owner and shall expire 1 (one) year after issuance. Schedule "D"(Form B) upon approval by the Officer shal (e) (f) (g) (c) (d) (b) 5. the permit. form (h) to the Ontario Municipal the Decision of the Officer An applicant for a permit under this by-law may appeal Board, (a) If the municipéllity refuses to issue a permit, within 30 days after the refusal; (b) If the municipality fails to make a decision on the élpplication, within 45 days after the application is received by the Officer; or (c) If the applicant objects to a condition of the permit, within 30 days after the issuance of the permit. eals from A 6. Orders to Discontinue Activit If an officer is satisfied that a contravention of this by-law including the contravention of this by-law or conditions set forth in a permit issued under this by-law has occurred, the Officer may make an order requiring the person who contravened the by-law or who célused or permitted the 1 4 (a) 7. 6 injuring or destruction of trees in contravention of the by-law to stop the injuring or destruction of trees and the order shall set out, i) the municipal address or legal description of the land; ii) reasonable particulars of the contravention; and Hi) the period within which there must be compliance with the order Offence Any person who contravenes any provision of this by-law, contravenes the terms or condition~ of a permit, or an order issued by an Officer under Section 8 is guilty of an offence and on conviction is liable: i) On first conviction, to a fine of not more than $10,000.00 or $1,000.00 per tree, whichever is greater; and ii) On any subsequent conviction, to a fine of not more than $25,000.00. or $2,500.00 per tree, whichever is greater. If a person is convicted of an offence for contravening this by-law or an order, the court in which the conviction has been entered, and any court of competent jurisdiction therafter,may order the person to rehabilitate the land or to plant or replant trees in such manner and within such period as the court considers appropriate, including any silvicutural treatment necessary to re-establish the trees. (a) (b) 8. made under Section 7 of this by- Enforcement The provisions of this by-law may be enforced by: i) any person appointed as an officer for the purpose of this by-law by Elgin County Council. . An Officer duly appointed by council, or any person acting under the Officer's instructions, may at all reasonable times enter upon the land of any person to; i) enforce this by-law ii) determine compliance with an order law (a) (b) 9. examine the tree or trees for which an exemption has been applied for under Section 4 of this by-law examine the tree or trees that might be effected by an exemption permit authorized under Section 4 of this by-law, and determining the compliance thereof. No person shall obstruct or interfere with an officer duly appointed by Council, or any person acting under the officer's instructions, in the discharge of his or her duties under this by-law. ) iv) (c) ADMINISTRATION Officers appointed by Elgin County Council are found in Schedule "F' Schedules "A to G" and Forms "A to C" shall form part of this by-law. If any section or sections of this by-law or parts thereof are found by any Court to be illegal or beyond the power of the Council to enact, such section or sections or parts thereof shall be deemed to be severç¡ble and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and continue in full force and effect unless and until similarly found illegal. The short title of this by-law is the "Woodlands Conservation By-Law". This by-law shall not apply to trees that are destroyed, injured or harvested within the terms of a legally binding contract and application consistent with Section 5 has been filed with the Officer and that any persons may have entered into during the one-year preceding the coming into force of this by- law, provided that such trees are destroyed, injured or harvested prior to February 28, 2003 and within the provisions of County of Elgin By"Law No. 87-6, as amended. That where the "Municipal Act" is referred to in this by-law, it means the Municipal Act, R.S.O. 2001, Chapter 25, including any amendments thereto, or any successor legislation. 1 5 (d) (e) (a) (b) (c) (f) 10. 7 11 THAT By-Laws No. 87-6 and 93-30 be and the same are hereby repealed 12 THAT this by-law become effective on January 1, 2003. READ a first and second time this day of 2002. READ a third time and finally passed this day of 2002 - Mark G. McDonald, John R. Wilson Chief Administrative Officer. Warden 1 6 8 "A" Schedule point of the Covering Circumference Cutting Circumference measurements will be taken 46 centimetres above the highest ground and shall be outside of bark measurement. Species List ÎRCircumference Sugar (hard), Red (swamp or soft), Silver, Black Red, Black, Pin, White, Bur, Swamp White, Chinquapin White (Butternut), Black White, Black, Red, Green Tree (Yellow Poplar) White Black 150 cm Maple Oak Walnut Ash Tulip Basswood Pine Cherry Sycamore Black Gum Red 117 cm in Circumference Eastern Red - White, Norway . Yellow - Shagbark, Bitternut, Cottonwood American White, Rock, Slippery (Red) Hem Pine Spruce Birch Hickory Poplar Hackberry Beech Elm ock n Circumference White Eastern (Tamarack), European White, Red Black, Honey Balsam, Trembling Aspen, Large-Toothed Manitoba 69cm Birch Larch Cedar Locust Poplar Maple Sassafras Ironwood Hop Hornbeam The Committee on the Status of Endanoered Wildlife in Canada considers the followino .trees Rare. Threatened or Endanoered: Red American Shumard 7 1 Mulberry Chestnut Oak Tree Tree Tree Blue Cucumber Kentucky Coffee Hop Ash 9 B' Schedule Application for Exemption I/we wish to apply for an exemption from the provisions of the County of Elgin By-Law No._ which prohibits or regulates the destruction or injury of trees. In order to be allowed to remove trees as outlined in this application. of Owner(s): Location of Land: Municipality (Town, Village, Municipality) Name(s) Mailing Address: 1 2 Concession No. Concession No. No. No. Lot Lot trees. to be removed. Reason for wishing to destroy or injure Describe species of trees and size of trees 3. 4. metres (in metric) metres Width (in square metres or hectares) Area to be cleared Length Area 5. Has the owner previously applied for and been granted permission to destroy or injure trees? Yes ( ) No ( ) 6. If yes, please indicate the purpose to which they were removed approximate size of area cleared and date. Names, mailing addresses, and phone numbers of all owners of property which abut the land of the owner of the trees in respect to which this application is made as per Section 4 of this by-law. (If insufficient space below please attach another sheet of paper) 7. Name Mailing Address Phone Number 8 1 10 Other information deemed pertinent to this application. Each application mustbe accompanied by a sketch, no smaller than 20 centimetres by 35 centimetres, showing: (a) The parcel of land that is the subject to this application, clearly indicating the area proposing to be cleared and the area or trees that will remain. (b) All buildings on the owner's property and also on the abutting property. (c) Use of abutting lands (e.g. residential, agricultural, cottage, commercial 8. 9. ) 10. As anon site inspection will be made, use of perimeter trees, which will remain if this application is granted, must be marked by spraying, or some other means, to clearly indicate during site visit what is proposed to be removed Signature of Applicant or Authorized Agent etc. Date Note: If this application is signed by other than owner, written authorization of the owner(s) must accompany the application. If the applicant is a corporation, the application must be signed by an officer (and the position must be indicated) and the corporate seal shall be affixed 9 11 Schedule "c' Form AU Public Notice Woodland Conservation Bylaw This posted notice does not imply unrestricted access. Interested parties must receive permission to enter these forested lands from the landowner. received affecting these forested lands APPLICATION has been Township Concession Lot: Landowner: An Application for Exemption to the County of Elgin By-law No. has been submitted to clear hectares of forested land. Exemption I Agricultura D D Exemption I M . Type of Exemption nor written comments Deadline for This notice is posted under the authority of the Woodlands Conservation By-Law. 15 business days prior to This Notice is to remain posted no less than consideration of this application the Tree Commissioner's 20 Further information or written notice IS available from Office 519-631-1270 ext. 231 12 SCHEDULE "D' Form B' APPLICATION FOR PERMIT for the COUNTY OF ELGIN WOODLANDS CONSERVATION BY-LAW NO. Application for permit must be completed at least five (5) working days prior to any cutting. This permit is good for one year after approved by the Tree Commissioner. This application will form the permit after being signed by the Tree Commissioner and the original copy will be returned to the Property Owner. Property Owner Name: Owner's Address: No. 911 Telephone No. Concession: Woodlot Location Lot: Woodlot Size: Township: West to the woodlands. South half, Provide å detailed map on a separate page showing directions North half, Generallocation of woodlands: half, East half. Species of Trees: Person in Charge of Cutting Expected Staring Date: Name and Address: I agree that operations will be in accordance with the provisions of Woodland Conservation By-Law No. _' of the County of Elgin, and that I am familiar with the contents and requirements of this By-Law and acknowledge having received a copy thereof. Contractor Further, I agree to contact the Tree Commissioner by Telephone (519) 631-1270, 24 hours prior to cutting. 20 day of this DATED AT Contractor Tree Commissioner, Kettle Creek Conservation Authority, RR # 8, St Thomas, Ontario, N5P 3T3 Telephone Number (519) 631·1270, Fax Signature of Owner or Telephone Number Mailing Address: (519) 631-5026 Personal Information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act, Section 32, C and D, and may be used to enforce the By-Law. Number 1 2 ssued by the Officer: Application Approved and Permit Date: 13 Schedule "E" Fee Schedule The following fees will apply for the purpose of this by-law: Public Notice Sign $5.00 (or the actual cost of the Sign) Notice to Harvest Sign $5.00 (or the actual cost of the Sign) Application and Permit for Harvest $75.00 Application for Exemption $75.00 22 14 Schedule "F' Appointment of Officers The following people are appointed as officers to enforce Elgin County's Woodlands Conservation By-Law No. Water Resources Supervisor Chief Administrative Officer General Manager/Secretary Treasurer 23 Rob Lindsay Mark McDonald Bryan Hall 15 Schedule "G" Form C' Notice of Harvest DO NOT ENTER during harvesting activities for your own safety. imply unrestricted access. This posted notice does not Interested parties must the landowner. receive permission to enter these lands from Contractor: Phone Number: Owner: Timber Harvest Date: Timber to be Harvested Marked by Phone Number of Marker: This Notice is posted under the authority of the Woodlands Conservation By-Law No. . This Notice is to remain posted prior to the commencement of harvesting and no less than ten days after completion of harvest. Removal prior to this period is a chargeable offence. please contact timber harvest If you should have any questions or concerns regarding this the Tree Cpmmissioner's Office at 519-631-1270 ext. 231. 24 REPORT TO COUNTY COUNCil Rob Lindsay; Tree Commissioner/Weed Inspector FROM EXception. Lot 7, Concession STRE, Township of INTRODUCTION The Tree Commissioner received an application for Minor Exception from Heinrich and Marie-Theres Kemmerling to clear 0.4 hectares of woodlands from Lot 7, Conc. STRE, Township of Southwold. 13 November 2002 Minor Application for Southwold DATE: SUBJECT: DISCUSSION The proposed clearing involves an area of land totalling 0.4 hectares In size to create a pond for watering purposes. Tree species located in these areas are hardwood consisting of American Beech, Red Maple, and Green Ash. A field inventory completed on October 16, 2002 did not determine the presence of any rare or significant tree species. the to All neighbours have been contacted regarding this clearing and have no objections proposal. KCCAhasresponded with no environmentally significant concerns. retired field located on another property. trees In a be replanting 700 wi The apþliøant management. CONCLUSION: ThisapplicaUon meets the goals of Elgin County's forest RECOMMENDATION: THAT, the Application for Minor Exception to the Trees Act from Heinrich and Marie- Theres Kemmerling, Lot 7,Conc. STRE, Township of Southwold, to clear approximately 0.4 hectares of woodlands to create a pond for watering purposes, be approved subject to 700 trees being replanted or an equivalent donation being made to a localconservationl heritage assqciation Approved for 25 Respectfully Submitted HEINRICH KEMMERUNG BARBARA FARM RR#l FIN GAL, ONTARIO, CANADA NOL IKO Phone: (519) 769-2875 . Fax: (519) 769-2628 C:nuUA--tJ. JI ~ e.r- tJcr; R~ 2tX>2. ~£ t:rMet..J7 E-éýtM- ~~~Iý ?;c-~ \!Jeor- /1r: c:t.J'¡ I íta-uf ,ýfi ~ <Je«c4: ~,/&e- ~~jJ¿'ca'<o~ .jcrr~ , ff-uc-&r- -# ~ /t:-<:- '1'?t ¡';~o..t"'e.- --T ~~et1 æu a.rft.-CL .t;-tPðO ~ 2.. 0.(; a-ee. d .....ró?1t.-C- ,/U-107't:- t>P ~e ZdJt9ð ~- --:::7 c;>on"ö'~a~ œ.t 'eof F' ~µ'l ./aé'{~cÞv4:> ~<'- ~~ck Qe ~Rc-d -r¡oac-e.. ~ .J'r4-eaøf. ð-'t~,L ~d Ap-e.e ß'e.. So·i.e. ;:;ps:7 ~ h-ø-<.-<-~ot ~o-r é::e.r- .--eM oa-Ú'I'" ee~·¿U.J I ...: Cð1-U~;L ~.¡;e.e¡- of .--rer'-é'~ "~f ße.. 0..-;-, ær-c>-U...u.£ ftie- j>fk.tc( 97" A.e tJ-<.r ~tu-(.r . ¿;~C~ . ST. THOMAS. ONTARIO NSRSVI PHONE ¡S191 63J.1460 fAX (SI9 633-7G61 MARK G. MçCONAt.D çoulln"o"""STIt,OI'OP,'CI..t"K (Mrs.1 SANDRA J.tiEFFREN CItl'UTTCOUllnl:U"K /; '\ 1, THE TREES ACT APPLICATION FOR MINOR EXCEPTION 1/ We wish to apply for a minor exception from the provisions of the County of Elgin By-Law No. which restricts and regulates that destruction of trees. In order to be allowed to remove trees as outlined in this application. The-rcs a-ne ~ lIe/tlnc4 ~ k'étuUte-r¿iu h' ae NAME(S) OF OWNER(S): 1 ~u..c.....-- MAILING ADDRESS: -~tf$ 519-:¡-;: Phone No, ÐL / K() Postal Code Wð ecf -STRE- Sou LOCATION OF LAND: Municipality (Town, Village, Township) 2. Concession No. Registered Plan No. -:;z Lot No. Lot No ouc/ Describe species of trees and size of trees to be removea. Jffla~ cf'7 ~e '¡::;e.C.f Sf 6~<J'keS' en-- æ.- trees wishing to Remove hoe dect , IS Reason for oz. reet. 3. 4 27 Meters (in square meters or hectares) 50 Width metric) Meters ~ðð>O u,f2 Area to be cleared (in fo Length Area 5 trees? previously applied for and been granted permission to remove No (X') Has the owner Yes ( ) 6. If yes, please indicate the purpose to which they were removed approximate size of area cleared and date. Names, mailing addresses and phone numbers of all owners of property which abutts the land of the owner of the trees in respect to which this application is made as per section 9.2 of the act. (If insufficient space below piease attach another sheet of paper) 7. NAME MAILING ADDRESS PHONE NUMBER ~ ^""" . . '." . Other information deemed pertinent to this application. Each application must be accompanied by a sketch. no smaller than 20 centimetres by 35 centimetres, showing 8. 9. The parcel of land that Is the subject of this application, clearly indicating the area proposed to be cleared and the area or trees which will remain. (a) etc.) buildings on the owner's property and also on the abutting property. residential agricultural. cottage, commercial use of abutting lands (e.g. (b (c) As an on site inspection will be made. Use perimeter of trees which will remain if this application is granted, must be marked bY.!o:faying or some other means, to clearly '00'''. 'ori09 tho ",tI whot t, propo,",' [:. < or 10 2D 21{ Date' r;i 28 Note: If this application is signed by other than the owner, written authorization of the owner(s) must accompany the application. If the applicant is a corporation, the application must be signe~ by an officer (and that position must be indicated) and the corporate seal shall be affixed. HENRY KEMMERLING HOME FARM FINGAL FARM SUPPL Y L TD ¡ HIWAY 'i 144.72 ACRES ~--==-~. 1. 20.30 ACRES 2. 4.25 ACRES 3. 120.17 ACRES TOTAL WORKABLE AREA .---.....----.-.- ---..-..- *./'u J~ 8 S f'rojecliM: Unive.-saI1h".ve.-seMerc: Datum; WGS DatuUl (19f14) Z<'I"cNmnb...; 11 Hefnlspherc: N"rth ¡¡j:i:i_'" '~:i:i~~ 2ì :' . :¡j¡¡j:i:i 1$!$ ..o.:.::;:¡~;:;:; THE VISION SYSTfM 29 SC2le 1 "17970 lOOOft <--=--=--= - ...... REPORT TO COUNTY COUNCIL Rob Lindsay, Tree CommissionerlWeed Inspector FROM 13 November 2002 Changes to the Weed Control Act DATE SUBJECT: which affect NTRODUCTIPN Over the.pastyear changes have occurred to the Weed Control Aèt, enforcement issues. DISCUSSION include how and when an order can be issued. Thé Act does not refer to the protection öf human health. as a reason for controlling noxious weeds. Therefore, pursuant to Section 22 of the Weed Control Act, the Act cannot be used asa control for noxious weeds, including poison ivy and common r¡¡¡gweed, if they "are far enough away from any land used for agricultural or horticultural purposes that do not interfere with that use" to the Weed COntrol Act Changes the Ministry of Agriculture and Food Please refer to the attached letter from to the RECOMMENDATION THAT then3pprt from the Tree Commissioner/Weed Inspector entitled "Changes Weed CpntrolAct" be recéivedfor informatiøn purposes and filed. ApprOVéd for Respectfully Submitted Mark Mcuo Chief Administrative Officer 30 Rob Lindsay Tre.e Commissioner ® Ontario Ministère de I' Agriculture et de I' Alimentation 3rde étage 1, rue Stone ouest Guelph IOntario) N1 G 4Y2 Tél.: 1519) 826-3151 Téléc.: 1519} 826-3567 Ministry of Agriculture and Food 3rd Floor 1 Stone Road West Guelph, Ontarìo N1G 4Y2 Tel: (519) 826-3151 Fax: (519) 826-3567 Crop Technology Branch 2002 October 31 Date: Municipal Clerks and Weed Inspectors W. J. (Bill) Ingratta Director, Crop Technology To: From: Application of the Weed Control Act: Subject: the Act Over the past year changes have occulTed which impact both the administration and interpretation of the Weed Control Act. Please review the following information about and forward it to the appropriate individuals in your organization. I am pleased to announce that the Minister of Agriculture and Food has appointed Mike Cowbrough to be the chief inspector for the purposes of the Weed Control Act. If you have questions concerning the administration of the Act you can contact Mr. Cowbrough by telephone at (519) 824-4120 ext. 2580. His email addressismike.cowbrough@omaf.gov.on.ca. A number of sections of the Act were reviewed by the Ministry's legal counsel. As a result it has been clarified that the purpose of the Weed Control Act is to protect agricultural and horticultural land from noxious weeds. We have also been advised to update our interpretation of horticulture to encompass commercial horticulture only. The Act does not refer to the protection of human health as a reason for controlling noxious weeds. Therefore we have decided that pursuant to section 22 of the Act, the Act can't be used to control noxious weeds, including poison ivy and common ragweed, if they "are far enough away from any land used for agricultural or horticultural purposes that they do not interfere with that use" ~.$ ~"'DO _/)~ .,..\\\. '\\\\ . ,\\~,\... \,\ \ ' .-' \ . ',--' " \ (.,-,,-,\~ \ j, ~;,<. \ \' ' \'~\((\\:\\~"~Y\':~\\~~\ . ..~ ,;;\S \/ / ...·····':;)v / ...\ d·O.'V)\... .--- .'0. ., v,"-" .- \ \\ ~ ...-" ..... \..ï "" .---.- Invjte.eñtario Home 3 1 rtlvitez l'Ontario che' (7@ð- Jim Smith, MOE Scott Thompson, MMAH Mike Cowbrough, Chief Inspector c: z soi Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1 G 4Y2 Bureau principal du ministère: 1, rue Stone ouest. Guelph (Ontario) N1G 4Y2 REPORT TO COUNTY COUNCIL CLAYTON WATTERS, MANAGER ENGINEERING SERVICES DEPARTMENT DATE: NOVEMBER 4,2002 SUBJECT: SIGN POLICY UPDATE Introduction the following recommendation was adopted 'That the report entitled "Sign Policy" dated March 22, 2002 presented by the Manager of Engineering Serviced bè tabled until more information is obtained from local business, and other municipal sign policies have been reviewed." County Council meeting 22nd At the Apri Also as part of thè éditorial preamble for the recommendation Council accepted the following, "Council had concerns with how the guidelines would impact economic development and that a compromise should be considered." Discussion Sign policies were reviewed from the Ministry of Transportation of Ontario, City of London, County of Middlesex and Town of Aylmer. Also reviewed were the responses from the Chamber of Commerce's within Elgin County (see attached information) and the municipalities The Ministry of Transportation has the.most restrictive policy. No signs are allowed on the provincial road allowance and include restrictions beyond the property line. The policy covers the classification typesl restrictions: advertising devices, official signage, temporary signage locations, field advertising and applications and permits. The City of London policy allows nineteen different sign types on city streets to name a few: advertising boards, real estate, public safety, temporary signs for special events, construction etc. The County of Middlesex recently updated their policy (summer 2000) which includes Middlesex Business Signage Program and the Middlesex Tourist Signage Policy. The program defines the eligibility with regard to design and authority for business oriented signage and tourism oriented directional signage on county roads. type allows for temporary and pedesta it 1999 and The Town of Aylmer policy was updated in signs on town streets the need for such timeframes comments regarded public safety and 32 the policies have an administration fee and are valid for various their responded and Two municipalities a policy. AI REPORT TO COUNTY COUNCIL - CLAYTON WATTERS, MANAGER ENGINEERING SERVICES DEPARTMENT DATE: NOVEMBER 4,2002 SUBJECT: SIGN POLICY UPDATE The responses from the local Chamber of Commerce centered on giving permission for signs, that compliance be governed with communication and co-ordination, consideration be given to signs in an urban environment and temporary signs be allowed The County of Elgin's past practice was to destroy signs that were not in compliance and the present policy is the adherence to the Ontario Traffic Manual (OTM) for information signs. This manual sets out strict requirements for all regulatory, warning and information signs. Also the County of Elgin accepts the Tourism Oriented Directional Signs (TODS) and the Elgin Tourism Oriented Directional Signs (ETODS). Staff's concerns for private signs are as follows: Traffic signs are important to transmit important information regarding the roadway as it directly relates to the driving task. Drivers must be able to easily digest this information and react to it while numerous other distractions occur, such as other vehicles, pedestrians, animals and weather conditions to name a few. Driver actions that distract the driver from the task of driving, such as cell phone use, have been identified as the cause of accidents and have been outlawed in some jurisdictions. Signs on road right of ways that have nothing to do with the task of driving only serve to further distract the driver from concentrating on driving the vehicle. After reviewing the comments from the municipalities local chamber of commerce's and direction from the Council for the County of Elgin to compromise, staff have the following comments The difficulty in allowing private signs on the right of ways is finding a location for these signs that does not distract from the road signs. In rural areas the sign line is located 13 feet from edge of pavement. Signs may be up to 8 feet wide therefore only traffic signs should be within this 21-foot distance from the edge of pavement. To allow another line of private signs at a greater offset distance so as not to distract or congest the traffic sign line a minimum buffer of at least 8 feet should be established. This is where the difficulty begins. The total distance from the edge of pavement to the property limit is usually 37 feet. Once the 21 foot sign line offset and 8 foot buffer is taken from that area only 8· feet remains for private signs. Unfortunately this area is where utilities are located such as telephone, hydro, gas and cable TV. Therefore, in a rural area, physical road allowance space does not permit private signage placement. In urban areas right of ways are generally only 66 feet and traffic signs are located directly behind the curb and gutter if present or within 2 to 4 feet of the edge of pavement. Once again a buffer distance should be established to offset private signs from traffic signage 33 REPORT TO COUNTY COUNCIL CLAYTON WATTERS, MANAGER ENGINEERING SERVICES DEPARTMENT NOVEMBER 4, 2002 SIGN POLICY UPDATE FROM DATE: SUBJECT: a road allowance is simple; reduce municipal warning signs and information signs (which are Conclusion The reasoning for a policy for private signs on liability and focus attention on: regulating signs designed and installed according to the OTM). The mandate of any road authority is the safety of the travelling public. County Council gave direction to compromise with private signs on road right of ways and staff has the offered the following for consideration That private signs in a rural area be restricted to private property. That private signs in an urban area with sidewalk be restricted to a location sidewalk or where no sidewalk is present signs be restricted to private property. That private signs on municipal road right of ways be designed as per the Ontario Traffic Manual. That private signs that pose a potential risk to regularly inspected by a component person at the road property be behind the public on or overhanging the cost of the sign owner. · · · · Private signage if poorly placed and designed can be a distraction to the travelling public. Some temporary signs have been in place for over 20 years and presently most if not all private signs do not adhere to the same principles that the County of Elgin must adhere to when installing signs. The Municipal Act allows municipalities to regulate the use of private signs on municipal right of ways and if the sign policy is approved by County Council private signs will be removed from County Road right of ways. Letters will be sent to the sign owners demanding removal within 30 days. Recommendation That the report dated November 4. 2002. Sign Policy Update be approved in principle: and also That a formal policy be presented to County Council on December 12. 2002 APPROVED FOR MARK MCD D CHIEF ADMINISTRATIVE OFFICER 34 RESPECT FULL Y SUBMITTED WvJ~~ CLAYTON D. WATTERS, MANAGER ENGINEERING SERVICES October 29, 2002 Clayton D. Watters Manager Engineering Services County ofElgin 450 Sunset Drive St. Thomas, Ontario N5R 5Vl Dear Mr. Watters: Re: Proposed County of Elgin Sign Policy Please be advised that the Board ofDirectors ofth~ Aylmer and Area Chamber of Commerce have discussed the above referenced matter and have polled our membership for input. make the following the Chamber would like to Following these discussions, recommendations That the County is asked to revise the draft policy to provide criteria for permission to be given for signs erected on County road allowances. That the County is asked to revise the draft policy to provide for the use of temporary signs of a commercial and/or promotional nature within town limits, which comply with town policy and where there is no private property between the store tront and the County road allowance. 1 2. tree to contact me at my Thank you for the opportunity to comment on this matter. If you have any questions or require clarification, please feel work address. y Òurs truly, ~¿ Ken Lee Immediate Past President 35 c.c. File ageJ] County Sign"~Þólicy <info@quaiduvin.com> " "Quai du Vin Estate Winery Ltd. <wattercd@elgin-county.on.ca> 10/11/021:51PM County Sign Policy From To: Date: Subject: October 4, 2002 Mr Clayton Watter County of Elgin 450 Sunset Dr. St. Thomas, Ontario N5R 5V1 Re: County of Elgin Sign Policy Watters, Thank you for your letter regarding the sign policy discussion and we a the Sparta Traders Guild appreciate the opportunity to provide some input. Mr. Dear As a business driven organization, we feel very strongly about the benefits of signage and the vital role that they play in our day to day business activity. We also appreciate the fact that without a current sign policy, standardization and enforcement for the county becomes a difficult task. The concerns that were raised at the most recent Guiid meeting, were that of consideration for isolated situations. More specifically there should be an application and/or an appeal process where by exceptions may be made due to isolated factors such as Historical considerations or buiiding locations with respect to road allowances. The 15 day notice may contribute to hardship without any opportunity for discussion or appeal. The hamlet of Sparta finds itself at the cross roads of two county roads. The threeway stop naturally restricts the speeds of vehicles travelling through the community. These reduced speeds and the proximity of buildings to the road should be given special consideration. These same considerations shouid be allowed any other hamlet that finds itself on a cou nty road. the county on the sign policy initiative, and request that the and equitable, and that the enforcement of such be the same. We commend poiicy be fair On a similar note, the Guild would like to assume a responsibility for the North-East corner in Sparta. This may include the removal of existing signs in favour of more permanent landscaped signage. At present these are simply ideas and we wouid welcome the opportunity to meet with you, on site, at your convenience, to discuss our options and alternatives. 36 look forward to your response, ~~~] '~M~~' ollCy ountYSlgn mayrOñwãTfers ~7 Roberto Qua Sparta Traders Guild P.O. Box 13 Sparta, Ontario NOL 2HO ST. THOMAS & DISTRICT CHAMBER QfCOMMERCE ~ 2002 October 21, P. En9 Mr. Clayton D. Watters, B.A.Sc., Manager, Engineering Services, County of Elgin, 450 Sunset Drive, St. Thomas, ON N5R 5V1 Count RE Watters: Thanks very much for the opportunity to review your proposal and for the opportunity to discuss the issue in our telephone conversation last Friday. Subsequent to our discussion I drove along more than 60 km. of County roadways to view situations that might be affected if the proposed policy becomes law. Mr. Dear It is my opinion that the best interests of all parties will not be served if the policy is adopted in its present form. There are far too many variables to consider to justify one uniform prohibition. In some situations, it may prove unenforceable while, in others, control seems highly desirable. urge your In order that I might suggest an alternative to the policy, consideration of the following points: I agree completely that road safety is top priority. Signs that interfere with sight lines or obstruct 9-1-1 address signage should be removed or relocated. . Prohibition of the customary small "For Sale" real estate signage would be detrimental. The signs are no more worrisome than many mailboxes and have become an integral part of the business of the real estate industry. Forced placement at 40 - 50 feet from a roadway would almost make the signs invisible to traffic. As well, temporary placement of Open House signs at intersections, a common weekend activity, would likely be impossible to control. In a typical local market, less than 0.03% of all residential and/or commercial properties would have For Sale signs posted. . 'RECEIVED IOCT 23 '2002 38 Call 519-631-1981 Fax: 519-631-0466 E-mail: mail@stthomaschamber.on.ca. CANADIAN CHAMBER OF COMMERCE MEMBER OF THE ONTARIO CHAMBER OF COMMERCE MEMBER OF THE 869 IN W'~~~~ 555 Talbot Street, St. Thomas, ON N5P 1C5 INCORPORATED AS 51. THOMAS BOARD OF TRADE signs There are intersections that have become populated with clusters of professionally-made signs directing traffic to neighboring enterprises. The cumulative impact is, at least, visual clutter and may form a hazard to road traffic yet placement of single, properly-designed could be beneficial. · There are many sma seasonal and/or part-time enterprises which promote their presence by placing small, portable signage at the ends of their laneways. When they're open the sign is present and when they close they are removed. Like the small real estate signs, these signs generally pose no more of a problem than a roadside mailbox. · There are a small number of commercial enterprises using a style of signage usually thought of as temporary however I suspect most have been in place for an extended period. Some examples are on road allowances adjacent to the business' property while others are placed at a distance from the business. Of these, there seems to be a mix of placements on private and public lands. · There are a few examples of non-commercial signage which pose a threat to road safety. For example, a 4 by 8' plywood sheet stood against a mailbox with hand-painted wording: Bunnies 4 Sale. · There are numerous examples of professionally-produced signage tacked to utility poles. Some have a relationship to residents of adjoining property (memberships, affiliations, achievements, etc.), while others are often cited as annoying (Earn $$ stuffing envelopes at home, etc.). I suspect all forms should be considered a hazard to utility personnel. · signage, I Some form of maintenance standard may be in order for a ncluding traffic, T.O.D.S. and regional/local tourism · believe that the most beneficial solution to this complex issue may lie in communication and co-ordination, rather than forced compliance through regulation. A personal visit or letter recommending changes may be all that is required in situations where the transgression poses no likely hazard and may constitute little more than poor marketing technique. Taxpayers will likely see such action as thoughtful customer service and any adverse impact to employment and business may be avoided. 39 Adoption of a policy or guideline document as opposed to a rigid stance of complete prohibition, even on a trial basis, may frame a workable solution and enable flexibility where warranted. Members and our Thanks, again, for the opportunity to serve our community with input to your process. \~~: .~ (JV <~ 'i~ W~'~ôh) Hammersley President & C.E.O. 40 RWH/s October 9, 2002 P.Eng. Mr. Clayton D. Watters, BASc. Manager, Engineering Services County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5VI Dear Mr. Watters Thank you for the consideration in sending me your letter relative to a County of Elgin Sign Policy. Personally, I do not find these signs distracting. However, I do have to agree, some are rather distasteful. It's a tough call to make. I do use this method of advertising for almost two months during the summer harvest of blueberries. Firstly, it reminds the local people we are open. Secondly, it is a required direction for people who come from far and away to find us. It also keeps travelers who stop for gas in the area a little longer when they come to buy a healthy snack for the road. It gives me the opportunity to give them some tourist information and recommend local restaurants, etc. This sign is a vital element to my business. T.O.D.S. signs, in my opinion, are not effective. Traveling at the high speed the 401 requires, it is impossible to read and absorb the information in time to make the decision to leave the highway. They work only when the person reading it is actually looking for that specific infonnation. They are also far too expensive for our small local businesses. As is always the case, big city rules are ineffective and often detrimental to the country way of life. Elgin has some lovely cities and towns and lots offarm country. It is impossible to make rules that work for everyone. May I suggest the question of signage be the responsibility of local municipalities Again, thank you for the opportunity to reply. truly, ~/ ~ Yours very Irene Puddester Blueberry Hill 72002 1 RECEIVED OCT 4 TOWN OF AYLMER IJ7 46 Talbot Street, West, Aylmer, Ontario N5H Office: (519) 773-3164 Fax: (519) 765-1446 Phyllis Ketchabaw - Clerk . AdmInIstrator Graves - Administration: Wendel October 28, 2002 Mr. Clayton Watters, P. Eng County of Elgin, 450 Sunset Dr., St. Thomas, Ont. N5R 5V1 Watters Mr. Dear COUNTY OF ELGIN SIGN POLICY SUBJECT: The proposed by-law has been reviewed and in particular with relationship to the fact that John St. has now become a County road. The following comments are submitted for your consideration would create a that Certainly no one can object to the placement of any sign hazard for sight lines and traffic flow. However, the fact that your proposed blanket policy is aimed at enforcing any and all signs within the road allowance including signs which may simply be overhanging in the aliowance and not obstructing sight lines causes some concerns. Obviously, Aylmer is an urban centre and as such many businesses are located along John St.. Today, one will find a many locations where signs have been in place for many years, particularly in the heart of the core area. If the policy is being interpreted right, it does not have regard for an urban area nor the historical perspective found within Aylmer's commercial area. To mandate the automatic removal of signs even if they are not causing a traffic hazard, does not only seem onerus but also potentially costly. RECEIVED OCT 2 92002 42 Prior to this By-Law being imposed I would recommend that a specific review be undertaken within Aylmer to assess the hazards and to inventory the existing signs that mayor may not be a problem " the scope of the sign by-law to Perhaps in the end, consideration should be given in an urban setting to your response look forward these comments If you have any questions please contact me to Thank-you for your attention truly, Yours Transportation Chairman 43 Mayor Bob Habkirk Councillor R. Vandierendonck cc Municipafity of Centra[ 'Elgin Corporation of the The Ph.519'631'4860 Fax 519'631'4036 Floor, St. Thomas, Ontario N5R 5V1 st 450 Sunset Drive, 2002 October 16th Clayton D. Watters Manager Engineering Services County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Watters: Mr. Dear Proposed Sign Policy Please be advised that Council of the Corporation of the Municipality of Central Elgin discussed the above referenced matter at their meeting on Tuesday, October 15th, 2002 and the following resolution was passed: Re the County's Proposed Sign THAT: The Municipality of Central Policy dated March 20, 2002; AND THAT the County be asked to revise the draft policy to provide criteria for permission to be given for signs on County road allowances CARRIED. support Elgin does not me at the municipal If you have any questions or concerns, please feel free to contact office Yours truly, ~)f~ Dianne Wilson Deputy Clerk Ken Lee, President, The Aylmer and Area Chamber of Commerce Betty Dale, Belmont Business Association Jerry Galbraith, Dutton and Dunwich Chamber of Commerce Carrie Beardsley, Port Stanley Business Association Bob Hammersley, St. Thomas & District Chamber of Commerce Norma Roberts, Sparta Traders Guild Irene Puddester, Blueberry Hill c.c. 8 2002 1 RECEIVED OCT 44 REPORT TO COUNTY COUNCIL CLAYTON WATTERS, MANAGER ENGINEERING SERVICES FROM MARCH 20, 2002 SIGN POLICY DATE SUBJECT: advertising signs posted on lands adjacent to County is required to control the signs that are installed on Introduction The issue of public safety has been raised due to Roads. A County policy as per municipal regulation County property. lines, Discussion Signs erected adjacent to County roads are considered hazardous if they interfere with sight interrupt utilities during installation or are confusing or distracting to drivers. Roadway signs found in The Ontario Traffic Manual must comply with strict guidelines pertaining to size, font, colour, and location to be approved for use on the roadway allowance. Private signs generally do not meet such standards and therefore do not effectively communicate their message. Often due to their location, size and lack of clarity private signs can be distracting or dangerous while motorists try to read or see past them to regulate such a matter: "For prohibiting or regulating signs and other advertising devices or any class or classes thereof and the posting of notices on buildings or vacant lots within any defined area or areas or on land abutting on any defined highway or part of a highway." the ability we have 141 Section 210, paragraph Through the Municipal Act, Even though this policy would disallow the majority of advertising signs currently on the roadway, there are alternative methods approved by Council for advertisement along County roads. Currently these include T.O.D.S. (Tourism Oriented Direction Signage) or the Elgin County Tourism Signs (for non-profit organizations) through the Elgin - St. Thomas Tourism Association. also be Included in All signs including those of a temporary nature (i.e., real estate and mobile signs) wi this policy and therefore must be placed off the road allowance, on private property. Ontario Traffic All other signs The only signs that shall be permitted on County property are those stipulated in the Manual, and other roadway signs deemed necessary for traffic control and management. must be removed or relocated off the County road allowance. be 2 wi it location its size or ines due to 4 1 to interfere with sight . If a sign, while on private property is found required to be removed or relocated. Page 2 REPORT TO COUNTY COUNCIL CLAYTON WATTERS. MANAGER ENGINEERING SERVICES MARCH 20, 2002 SIGN POLICY FROM: DATE: SUBJECT: Discussion (continued, Other regions around Elgin County have extensive policies on this subject, however it is felt that this is not required in this situation. In most cases, these regulations require a permit and include sign restrictions that go beyond the road allowance and regulate erection on private property. If requirements were stipulated and permits required for Elgin County, a backlog would be created and detract from the initial purpose of this policy. In order to be complete and consistent County wide, no private sign temporary or permanent shall exist on County property. to be that are currently posted on County property will be sent notification that the sign is they will be given 15 days to comply as recommended by the County's solicitor. Private signs removed and Conclusion The County requires a policy to limit and restrict the signs that are currently cluttering the roadway. The only signs that shall be allowed on property adjacent to a County Road are those found in the Ontario Traffic Manual, T.O.D.S signs as well as Elgin County Tourism Signs and other roadway signs deemed necessary by the County for traffic control and management. Any other signs may be placed behind the property line as long as it does not interfere with traffic sight lines. The owners of any signs on County property will be notified and given 15 days to remove the sign(s). The procedure for requesting sign removal will consist of several components to ensure the sign owner has proper and ample notice to remove or relocate the signs that are not in compliance. An inventory of all the signs adjacent to County roads will be done to ensure consistent policy implementation across the County. Once the landowner has been verified, registered letters will sent out informing them of the sign conflicts. or temporary private signs on County Recommendation THAT the following sign policy be adopted. allowing no permanent property except those stated below; The only signs that shall be allowed on property adjacent to a County road are those found in the Ontario Traffic Manual, deemed necessary for traffic control and management or those approved by County Council 1 Signs that are currently located on County property, or those signs on private property interfering with traffic sight lines, will be sent notification that the sign needs to be removed or relocated. The deadline for removal or relocation will be 15 days. 2 removed be MARK LD CHIEF ADMINISTRATIVE OFFICER 1 5 that remain on county property after that date wi SUBMISSION RõñJ~~L Y SUBMITTED CLAYTON D. WATTERS, MANAGER ENGINEERING SERVICES being notified any signs After 3. REPORT TO COUNTY COUNCIL CLAYTON WATTERS, MANAGER ENGINEERING SERVICES FROM 12,2002 NOVEMBER DATE: MINIMUM MAINTENANCE STANDARDS -ONTARIO REGULATION #239/02 SUBJECT: Introduction In the spring of 1996 the County of Elgin adopted By-law 96-15, Minimum and Desirable Roadway Service Standards for the County of Elgin Road System. The Ontario Good Roads Association (OGRA) endorsed these standards. Under section 44(4) of the new Municipal Act the Minister of Transportation may make regulations establishing minimum standards of repair for highways and bridges or any class of them. a wide Discussion The present standards adopted by the County of Elgin have been in use since 1996. These standards cover array of maintenance activities such as; general road surface, winter road surface and roadside. This past year the Minister of Transportation passed legislation, Ontario Regulation 239/02 see Appendix "A", that municipalities can adopt a set of standards for road maintenance. If the participating municipalities adopt the new maintenance standards, the standards can be used successfully in defense of lawsuits. However, it should be understood that the keeping of records is of vital importance in proving the roads were maintained to these standards. As you are aware the lower tiér municipalities provide the maintenance for the County of Elgin, and therefore the adoption of these standards affects the municipalities. Since the municipalities provide the service, they should review the standards with their road superintendent to make sure that these standards can be achieved. At our October 3, 2002 road superintendent monthly meeting the road superintendents unanimously concurred that the standards should be recommended for adoption by County Council. County of Elgin engineering staff has reviewed the regulation, see Appendix 'B' for comparisons of selected activities, and found these standards to be fair and similar to the present standards. A chart provided at a seminar by the OGRA, Appendix 'C' is helpful in understanding the new standards. Conclusion These standards, if approved by the County of Eigin, may reduce our insurance premiums and premiums of our maintenance providers. Also, the standards will provide a consistent level of service for the travelling public throughout Ontario. the Minimum Maintenance Standards, Ontario Regulation 239/02 Elgin approve Recommendation That the County of and also in principle; Elgin by the County of to the new maintenance standards and provide comments review That the municipalities January 31, 2003. Respectively Submitted Q~iW Marl< 01 Chief Administrative Officer 45 Ciayton D. Watters Manager of Engineering Services Appendix A Ontario Regulation # 239102 Minimum Maintenance Standards for Municipal Highways o. Reg. 238/02 THE ONTARIO GAZEITE / LA GAZETTE DE L'ONT ARlO o. Reg. 239/02 1069 ONTARIO REGULATION 239102 made under the MUNICIPAL ACT Made: July 23, 2002 Filed: August 8, 2002 MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS. INTERPRETATION AND ApPUCATION Definitions 1. (I) In this Regulation, "cm" means centÎrnetresj "day" means a 24.hour period; "motor vehicle" has the same meaning as in subsection I (1) of the Highway Traffic Act, except that it does not include a motor assisted bicycle; "non-paved surface" means a surface that is not a paved surface; 491 46 O. Reg. 239/02 Appendix A THE ONTARIO GAZETTE / LA GAZETTE DE L'ONT ARlO "paved surface" means a surface witb a wearing layer or layers of asphalt, concrete or asphaJt emulsion; "roadway" has the same meaning as in subsection 1 (1) of the Highway Traffic Act; "shoulder" means the portion of a highway that provides lateral support to the roadway and that may accommodate stopped motor vebicles and emergency use; "surface" means the top of a roadway or shoulder. (2) For the purposes ofthìs Regulation, every highway or part of a highway under the jurisdiction of a municipality in Ontario is classified in the Table to this section as a Class I, Class 2, Class 3, Class 4, Class 5 or Class 6 highway, based on the speed limit appli- cable to it and the average annual daily traffic on it. (3) For the purposes of subsection (2) and the Table to this sec~ tion, the average annual daily traffic on a highway or part of a highway under municipal jurisdiction shall be determined, (a) by counting and averaging the daily two-way traffic on the highway or part of the highmy for the previous calendar year; or (b) by estimating the average daily two-way traffic on the high- way or part of the highway in accordance with accepted traf- fic engineering methods. TABLE CLASSIFICATION OF HIGHWAYS 1070 Average Annual Daily Traffic Posted or Statutory Speed Limit (kilometres per hour) (number of motor vehicles) 100 90 80 70 60 50 40 15,000 or more I I I 2 2 2 2 12,000·14,999 ¡ I I 2 2 3 3 10,000 - 11,999 ¡ I 2 2 3 3 3 8,000 - 9.999 ¡ I 2 3 3 3 3 6,000 - 7,999 ¡ 2 2 3 3 3 3 5,000 - 5.999 I 2 2 3 3 3 3 4,000 - 4,999 1 2 3 3 3 3 4 3,000 - 3.999 ¡ 2 3 3 3 4 4 2,000 - 2,999 ¡ 2 3 3 4 4 4 1,000 - 1,999 1 3 3 3 4 4 5 500- 999 1 3 4 4 4 4 5 200- 499 I 3 4 4 5 5 5 50- 199 1 3 4 5 5 5 5 0- 49 1 3 6 6 6 6 6 Application 2. (1) This RegUlation sets out the minimum standards of repair for highways under municipaljurisdicti.on faT the pwpose of subsec- tion284 (1.4) of the Act. (2) The minimum standards of repair set out in this Regulation are applicable only in Te5pect of motor vehicles using the highways, (3) This Regulation does not apply to Class 6 highways. MINIMUM STANDARDS Routine patrolling 3. (1) The minimum standard for the ftequency of routine patrolling of highways is set out in the Table to,this section, 492 47 Appendix A 107 (a) to deploy resources to treat an icy roadway as soon as practi- cable after becoming aware that the roadway is icy; and (b) to treat the icy roadway within the time setout in the Table to this section after becoming aware that the roadway is icy. (2) This section only applies to a municipality during the season when the municipality perfonns winter highway maintenance.. TABLE ICY RQADW A YS THE ONTARIO GAZETIE / LA GAZETTE DE L'ONTARlO be carried out by driving on or by highway to check for conditions and sunrise. O. Reg. 239/02 (2) Routine patrolling shall electronically monitoring the described in this Regulatioo. (3 Class of Highway Time I 3 hours 2 4 hours J Shours 4 12 hours 5 16 hours Class of!6ghway I 2 J 4 5 Potboles 6. (1) If a pothole exceeds both the surface area and depth set out in Table I, 2 or 3 to this section, as the case may be, the mini- mum standard is to repair the pothole within the time set out in Table 1,2 or~. as appropriate,sfter becoming aware of the fact (2) A pothole shall be deemed to be repaired ifits surface area or depth is less thanorequal to that set out in Table 1, 2 or 3, as appro- priate. TABLE I POTHOLES ON PAVED SURFACE OF ROADWAY is, while the snow continues to accwnu1ate. to deploy resources to clear the snow as soon ,as practicable after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table to this section; and Snow accumulation 4. (1) The minimum standard for clearing snow accwnulation (.) after the snow accumulation has ended and after becoming aware that the snow accumu1ation is greater than the depth set out in the Table to this section, to clear the snow accumu- lation in accordance with subsections (2) and (3) or subsec- tions (2) and (4), as the case may be, within the time set out in the Table. (b) Class of Surface Area Depth Time Highway ¡ 600cm1 80m 4 days 2 800cm1 8= 4 daY' J 100Ocm1 80m 7 days 4 IOOOcm2 80m 14 days 5 1000 em1 8em 30 days to a depth less than (3) The snow accumulation must be cleared from the roadway to within a distance of 0.6 metres inside the outer edges of the road- way. Routine patrolling IS not required between sunsel TABLE ROUTINE PATROLLING FREQUENCY Patrolling Frequency 3 times every 7 da}'5 2 times every 7 days once every 7 da}'5 ~cc every 14 days once every 30 da}'5 (2) The snow accumulation must be cleared or equal to the depth set out in the Table. (4) Despite subsection (3), faT a Class 4 highway with two lanes or a Class 5 highway with two lanes, the snow accumuJation on the roadway must be cJeared to a width of at least 5 metres. (5) This section, (.) TABLE 2 POTHOLES ON NON-PAVED SURFACE OF ROADWAY portion of the roadway designated for thot 10 does not apply parking; and C1assof Surface Area Depth Time Highway 3 lS00cm' 8= 7 days 4 1500cm1 IOcm 14 days 5 1500 em2 12cm 30 days the (6) In this section, "snow accumulation" means the natural accumulation of new fallen snow or wind·blown snow that covers more than half a lane width of a roadway. (b) on1yapplies to a municipality during the season when municipality perfonns winter 1ûghway maintenance. TABLE 3 POTHOLES ON PAVED OR NON-PAVED SURFACE OF SHOULDER Class of Surface Area Depth Time Highway ¡ lSOOem1 80m 7 days 2 lSOOcm2 80m 7 days J ISOOcm2 80m 14 days 4 ISOOcm1 IOcm 30 days 5 ISOOcm2 12cm 60 days TABLE SNOW ACCUMULATION Class of Highway Depth Tttne ¡ 2.5cm 4 hours 2 ,= 6 hours J 8= 12 hours 4 8= 16 hours , IOem 24 hours ]~y roadways 5. (1) Tbeminimum standard fOI 48 493 ¡ treating icy roadw8}'5 Appendix A (2) For conventional illumination and high mast illwninatioD, if 30 per cent or ,)Jl0re oftbe luminaires on any kiJometre ofhighwa,Y are Dot functioning, the minimum standard is to repair the hm1l~ naires within the time set out in the Table to this section after becoming aware of the fact. (3) Despite subsection (2), for high mast illumination, if all of the luminaires on consecutive poles are not ftmctioning,the mini· mum standard is to deploy resources as soon as practicable after becoming aware oCtile fact to repair the-luminaires. (4) Despite subsections (I), (2) and (3), for conventional ilIwni· nation and high mast illumination, if more than 50 per cent of the luminaires on any kilometre of a Class I highway with a speed limit of 90 kilometres per hour or more are not functioning, the minimum standard is to deploy resources as soon as practicable after becom- ing aware cftlle fact to repair the luminaires. (5) Luminaires sha1l be deemed to be repaired, (a) for the purpose of subsection (I), if the number of non· functiòning consecutive luminaires does not exceed two; (b) for the purpose of subsection (2), if more than 70 per cent of luminaires on any kilometre of highway are functioning; (c) for the purpose of subsection (3), ifone or more of the lumi- naires on consecutive poles are functioning; (d) for the purpose of subsection (4), if more than 50 per cent of Juminaires on any kilometre of highway are functioning. (6) Subsections (I), (2) and (3) only apply to, (a) Class ¡ and Class 2 highways; and (b) Class:t, Class 4 and Class 5 highways with a posted speed of 80 ki!ometres per hour or more. (7) In this section, "conventional illumination" means ¡ighting, other than high mast illumination, where there are one or more luminaires per pole; "high mast illumination" means lighting where there are three or more luminaires per pole and the height of the pole exceeds 20 metres; "luminaire" means a complete lighting unit consisting of, (a) a lamp, and (b) parts designed to distribute the light, to position or protect the lamp and to connect the lamp to the power supply. TABLE LUMINAIRES O. Reg. 239/02 LA GAZETTE DE L'ONTARlO THE ONTARIO GAZETTE Shoulder drop-..offs 7. (I) !fa shoulder drop-off is deeper, for a continuous distance of 20 metres or more, than the depth set out in the Table to this section, the: minimum standard is to repair the shoulder drop-off within the time set out in the Table after becoming aware of the fact. repaired if its 1072 shall be deemed to be that set out in the Table, (3) In this section, "shouJder drop-off" means the vertical differential, where the paved surface of the roadway is higher than the surface of the shoulder, between the paved surface of the roadway and the paved or non~ paved surface of the shoulder. TABLE SHOULDER DROP-OFFS Cia! Time 4 days 4 days 7 days 14 days 30 days Cracks 8. (1) lfa crack on the paved surface ofa roadway is greater, for a continuous distance of three metres or more, than both the width and depth set out in the Table to this section, the minimum standard is to repair the crack within the time set out in the Table after becoming aware of the fact. Depth 80m 80m 8em 8em 80m (2) A shoulder drop-off depth is less than or equal to of.!lighway I 2 3 4 S i: width or depth Time 30 days 30 days 60 days 180 days 180 days (2) A crack shall be deemed to be repaired ifits less than or equal 10 that set out in the Table. TABLE CRACKS Dopth Som Som Som Som Sem Width Sem Sem Sem Sem Sem Class of Highway I 2 3 4 S Class of Highway Time I 7 days 2 ?days 3 14 days 4 14 days S 14 days Debris 9. (1) If there is debris on a roadway, the minimum standard is to deploy resources, as soon as practicable after becoming aware of the fact, to remove the debris. (2) In this section, "debris" means any material or object on a roadway, (a) that is not an integral part of the roadway or has not been intentionally placed on the roadway by a municipality, and motor vehicle Signs 11. (1) If any sign of a type listed in subsection (2) is illegible, improperly oriented or missing, the minimum standard is to deploy resources as soon as practicable after becoDÚng aware of the fact to repair or replace the sign. (2) This section applies to the following types of signs to a Luminaires 10. (I) For conventional illumination, if three or more consecu~ tive luminaires on a highway are not functioning, the minimum standard is to repair the luminaires within the time set out in the Table to this section after becoming aware ofthe fact. that is reasonably likely to cause damage or to injure a person in a motor vehicle. (b) 49 494 Appendix A 1073 There are phase or cycle timing errors interfering with the ability of a pedestrian or vehicle to safely travel through an interSection. There is a power THE ONTARIO GAZETTE / LA GAZETTE DE L'ONTARlO 4. in the traffic control signal system. system cabinet has been displaced failure The traffic control signal from its proper position. fàjlure of any of the signal support traffic control There is a structures. 7. fune- s not indication A signal lamp or a pedestrian control tioning. 8. s not a part of the (3) DeSpite subsection (I) and paragraph 8 of subsection (2), if the posted speed of all approaches to the intersection or location of the non·functioning signal lamp or pedestrian control indication is less than 80 kilometres per hour and the signal that is not function~ ing is a green or a pedestrian "walk" signal, the minimum standard is to rCpa]r or replace the defective component by the end ofthe next business day. (4) In this section and section 14, "cycle" means a complete sequence oflraffic control indications at a locatio ); facing "indication" same meaning as in the Highway "phase" means a part of a cycle from the time where one or more traffic directions receive a green indication to the time where one or more different traffic directions receive a green indication; Traf/lcAct; "power failure" means a reduction in power or a loss in power preventing the traffic control signal system_ trom operating as intended; 1. Checkerboard. 2. Curve sign with advisory speed tab. 3. Do not enter. 4. One Way, 5. School Zone Speed Limit. 6. Stop. 7. Stop Ahead. 8. Stop Ahead, New. 9. Traffic Signal Ahead, New. 10. Two·Way Traffic Ahead. I L Wrong Way. t2. Yield. 13. Yield Ahead. 14. Yield Ahead, New. Regulatory or warning signs 12. (I) !fa regulatory or warning sign other than a sign listed in subsection II (2) is illegible, improperly oriented or missing, the nrlnimum standard is to repair or replace the sign witlrin the time set out in the Table to this section after becoming aware of the fact. (2) InthiSSectiOD, "regulatory sign" has the same meaning as in the Manual of Uni- form Traffic ConJro/ Devices published'in 1985 by the Ministry of Transportation; "warning sign" has the same meaning as: in the Manual of Uniform Traffic Control Devices published in 1985 by the Ministry of Transportation. TABLE REGULATORY AND WARNING SIGNS O. Reg. 239/02 5. 6. 9. Signals are flashing when flashing mode nonnal signal operation. illuminated and non-illuminatedsignaIs "display"meanstbe tbetraffic; has the in the Highway same meaning as "traffic contiol signal" has the Traffic Act; "traffic control signal system" bas the same meaning as in the Highway Traffic Act; Traffic control signal system sulrsystems 14. (1) The minimum standard is to inspect, test and maintain the following traffic control signal system sub-systems every 12 months: Class of Highway Time I 7 days 2 14 days 3 21 days 4 30 days 5 30 days The display sub-system, consisting of traffic signal and pedestrian crossing heads, physical support structures and support cables. I. The traffic control ,sub-system, tncluding the traffic control signal cabinet and internal devices such as timer, detection devices and associated hardware, but excluding conflict monitors. 2. The external detection sub-system, consisting of detection sensors for all vehicles. including emergency and railway vehicles and pedestrian push- buttons. 3. (2) The minimum standard is to inspect, test and maintain con· flict monitors every five to seven months and at least twice a year. (3) In this section, "conflict monitor" means a device that, continually checks for con- flicting signal indications and responds to a conflict by emitting a signal. 50 Traffic control signal systems 13. (I) If a traffic control signal system is defective in any way described in subsection (2), the minimum standard is to deploy resources as soon as practicable after becoming aware of the defect to repair the defect or replace the defective component of the traffic control signal system. (2) This section applies if a traffic control signal system is defec- tive in any of the following ways: 1. One or more displays show conflicting signal indications. 2. The angle of a traffic control signal or pedestrian control indication has been changed in such a way that the traffic or pedestrian facing it does not have clear visibility of the information conveyed 0' <hat it conveys confusing information to tnJffic or pedestrians facing other directions. 3. A phase required to allow a pedestrian orvemcle to safely travel through an intersection fails to occur. 495 Class of Highway Height Time I ScriJ. 2 days 2 - 'om 2 days 3 'om ?days 4 'om 21 days , 'om 21 days "surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the paved suñace of the roadway, including bridge deck joints, expansion joints and approach slabs to a bridge. TABLE REVIEW OFREGULATION Review ]7. (I) The Minister of Transportation shaH conduct a review of this Regulation every five years. (2) The first review shall be started before the end of2007. COMMENCEMENT Commencement ]8. This Regulation comes into force on November I, 2002. NORMAN W. STERLING Minister of Transportation Dated on July 23, 2002. 34/02 51 SURFACE DISCONTINUITIES LA GAZETTE DE L'ONTARIO Appendix A THE ONTARIO GAZETm C(assof Surface Area Depth Time Highway I 600 cor 80m 4 days 2 800cm2 80m 4 days 3 1,000 em! 80m 7 days 4 1,OOOcm2 80m 7 days , 1,OOOcm2 80m 7 days Bridge deck spans 15. (I) If a bridge deck spall exceeds both the surface area and depth set out in the Table to this section, the minimum standard is to repair the bridge deck spall within the time set out in the Table after becoming aware of the fact. (2) A bridge deck spall shall be deemed to be repaired if its sur~ face area or depth is less than or equal to that set out in the Table. (3) In this section, "bridge deck spall" means a cavìty left by one or more fragments detaching from the paved surface of the roadway or shoulderofa bridge. TABLE BRIDGE DECK SPALLS Surface discontinuities 16. (1) If a suña.ce discontinuity, other than a surface disconti- nuity on a bridge deck, cx.ceeds the height set out in the Table to this section, the minimum standard is to repair the surface discominwty within the time set out in the Table after becoming aware of the fact (2) If a swface discontinuity on a bridge deck exceeds 5 em, the minimwn slandard is to deploy resources as soon as practicable after becoming aware of the fact to repair the surfaee discontinuity on the bridge deck. 3) In this section, O. Reg. 239/02 074 Appendix B Standards in Rural environment of a few standards Example of Proposed Standards vs. present Proposed Standards Present Standards Classification MDT MDT Class 1 12,000 and up M14 4,000 and up Class 2 5,000 to 12,000 M14 4,000 and up Class 3 1,000 to 5,000 M11 1,000 to 4,000 Class 4 50 to 1,000 M8 50 to 1,000 Routine Patrolling Class 1 3 times per weeks M9+ Once every 2 weeks Class 2 2 times every 7 days M9+ Once every 2 weeks Class 3 Once every week M9+ Once every 2 weeks Class 4 Once every 14 days M8 Once every 4 weeks M5 Once every 6 months Snow Accumulation Depth 1 Time Depth 1 Time Class 1 2.5 cm 1 4 hrs M14+ 5 cm 14 hrs Class 2 5 cm 16 hrs M14+ 5 cm 14 hrs Class 3 8 cm 112 hrs M9/M11 10cm/8hrs Class 4 8 cm 116 hrs M8 15cm/12hrs Icy Roadways Time Time Class 1 3 hrs M14 6 hrs Class 2 4 hrs M14 6 hrs Class 3 8 hrs M9 12 hrs Class 4 12 hrs M8 18 hrs 52 » " " CD ::! C. ¡;¡. (') o ::! - II> ... õ' ;tI CD '" I: ¡;; - õ' ::! '" .. CD - o '" II> - II> G) ¡;; ::! n CD Potholes Winter Shoulder Crack. Surface Bridge Deck paved $urfaœ non paved paved & non DlOp off Discontinuities SpaUs . surface paved shoulder .. " .9>- ¡ í!' (/ !!, ¡¡ "," .. § " 'i 'i 'i .:;- .sO 0 0 E '" " " E.5 .§. " S " ,§. c 8. c ..- - í!' :;:~ .. "" ~ ~ "" ¡ ¡ -;;- § ¡ " - ¡ E " " ~ i! § .. § .. § § -g -g ~ ~ .. -g ..¡:: ,g .!! !! !! ð .. .. .. III !! ð ¡:: .. .. .. 0 .. 0 .. " 0 c " " .. ~3: H "S " 'D ~ g. ,§. c c g g c ,§. g ,§. c " 0 ,§. c E "" ~ 8 1! "" 8 - - J: "" "= II - 1;1" 1 ~ '" z= .c :; £i _0 .6 8. ] ~ ~ ~ 4!1 ~ i'! 15. ~ 15. ~ ;; .. .2' .. .. i'! ~ ".. .. E E E .. !!'II Em ~ " " t!: ~ .3 .3 ~ .3 " " .3 3! (/ (/ ¡:: ¡;: ¡:: ¡:: :I: ¡:: ¡:: II) ¡:: a: a: CIa.. I 2.5 4 3 600 8 4 No standard 1500 8 7 8 4 5 5 30 5 2 600 8 <4 7 7 :1j Class 2 5 S 4 600 8 4 No .tandard 1500 8 7 8 4 5 5 30 5 2 !! 600 8 4 14 7 ti I!! Cia.. 3 8 12 8 1000 8 7 1500 8 7 1500 8 14 8 7 5 5 50 5 7 a. 1000 8 7 21 14 " '" " Class 4 8 16 12 1000 8 14 1500 10 14 1500 10 30 8 14 5 5 180 5 21 0 1000 8 7 30 14 " " '" 30 1500 12 30 1500 12 50 8 30 5 180 5 « Cia.. 5 10 24 16 1000 8 5 21 1000 8 7 30 14 ClassS No slandard included in Ontario regulation 239/02 U"1 LN =~"-"-"~':<'.""""",".,-.'."",". "Ontario Regulation 239/02 -at a glance REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES NOVEMBER 6. 2002 DATE SUBJECT: BOBIER VILLA OPERATIONAL ISSUES - UPDATE Introduction A meeting was held on October 30th at Bobier Villa with representatives from the architectural firm, builder, mechanical/electrical engineer, Warden and staff from Elgin County. These people had direct involvement with the construction of new Bobier Villa and the meeting discussed four operational issues. These were the: humidification system, sheet flooring, drainage and insect infestation. Discussion The four operational issues discussed were humidification system, sheet flooring, drainage and ant infestation. The meeting centered on the problem, solutions, preferred solution. costs for improvements and timing Humidification The humidification system installed operated only once in the early stages of building occupancy but has not operated since. The manufacturer of the system is now bankrupt. Two solutions discussed for the improvement were to repair the system or replace the system with proven technology. Since the manufacturer is bankrupt, it was the consensus of the group to replace the system with proven technology. The estimated cost to replace the system is $100,000 but some of the components have resale value, which will reduce this cost. This project should proceed immediately for the comfort of the residents. therefore an In the 2002 capital budget $50,000 was allocated for repairs to the system additional $50,000 is required from the 2002 Unallocated Capital Budget. Floorina The second issue was the debonding of the sheet flooring in the main hallway. Solutions to rectify the problem are; removing the existing flooring, thoroughly clean the surface, apply adhesives for different types of flooring. The consensus is to replace the flooring with vinyl composite tiles. A theory on why the sheet flooring is debonding is the moisture content below the floor, but additional engineering will be required to verify the questions. This Information would also be 2 The estimated cost to take selected soil samples is $2,500 useful in determining the need for a perimeter foundation tile. 54 Page 2 REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES DATE: NOVEMBER 6,2002 SUBJECT: BOBIER VILLA OPERATIONAL SSUES UPDATE The estimated cost to replace the sheet flooring is $15,000. This project can proceed when the humidification system is replaced and lor the flooring becomes a safety issue. It is anticipated that this project will be required within 12 months. Drainaqe Most of the rain water leaders are connected to a drainage system that outlets into a ditch at the back of the building. After most rainfalls the drainage system can not handle the volume of water. Since the system backs up and overflows at the connection of the downspouts, the water overflows onto the ground at the building rather than through the drainage system and into the ditch. Staff has inspected the drainage system, by video camera, and found that there were several sections that had collapsed. These sections have since been repaired. Some of the sections captured on the video camera are more than half full of water and indicate that more information is required. It now seems that the drainage system is functioning but at a reduced capacity the for More information is required to determine the capacity and the estimated cost information is $3,500, which would include soil samples and an engineering survey. Insect Infestation The last issue for discussion was the large quantity of ants. This past year a chemical spray was used on the exterior to control the insects but with limited success. A second spray was commissioned but on both inside and outside which also had limited success The consensus was to determine the type of insects and to use the appropriate chemical spray. If the insects are the type as expected, a spray will occur in the late spring and ant traps will be applied throughout the year. Also, as an added precaution in selected areas, a sealant will be applied between the flooring and the wall. Staff believes this is the corridor that the ants travel be borne by the operational budget. The cost for these works wi Conclusion The meeting between all parties involved in the building of the Bobier Villa proved to be very beneficial. The discussion provided meaningful dialogue that will ultimately solve several issues and seek solutions to others by further investigation The humidification system needs replacement now, the sheet flooring is in need of replacement when it becomes a safety hazard, the drainage system needs more investigation and the ant infestation requires careful monitoring What concerns staff in the short term is the humidification system. The system requires replacement as per the consensus from the meeting. Since the humidification system is most beneficial during the winter season, now is the time to complete the project. 3 55 Page 3 REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES DATE: NOVEMBER 6,2002 SUBJECT: BOBIER VILLA OPERATIONAL ISSUES - UPDATE of $100.000 an estimated cost Villa be replaced at Bobier Recommendation That a the humidification system for and also electrical engineering services / the mechanical That the Smylie and Crow Associates provide for project; and also and also the lowest tendered contractor the 2002 Unallocated Capital Budget; to That the contracts for the humidification system be awarded and reported to Council at the next meeting; and also That $50.000 be allocated from That geotechnical engineering be completed in the interior and exterior of the building along with a topographical survey of the exterior grounds at Bobier Villa to verify the adequacy of the existing drainage systems; and also for the geotechnical and the 2002 Unallocated Capital Budget That $6,000 be allocated from topographical survey. 56 RESPECTFULL Y SUBMITTED k~ Clayton Watters, Manager Engineering Services REPORT TO COUNTY COUNCIL Cathy Bishop, Manager of Library Services October 23. 2002 FROM (Migrating to Unicorn) Library Automation DATE: SUBJECT: NTRODUCTION The Elgin County Library is a member of the Ontario Library Consortium (OLC) which consists of 19 library systems throughout Ontario. The OLC has was formed in the mid 80's to allow its members to move forward in library automation in a cost effective and affordable manner. All libraries use a computer software product called MultiLlS for our on-line library catalogue for the public, automated exchange of materials to our branch libraries, cataloguing of new materials received, circulation statistics, patron database and library reports. MultilLlS will be phased out over the next couple of years. If Elgin County Library chooses to remain an automated system we have no choice but to upgrade to new software. DISCUSSION: The Ontario Library Consortium automation consultant was asked to investigate options for new software. The most cost-effective product that met our library needs was called "Unicorn" produced by a company called SIRS!. The OLC automation consultant was asked to prepare a cost analysis for OLC libraries to migrate to Unicorn. The study compares libraries that may wish to migrate on their own to Unicorn or migrate with a number of other libraries using a shared server. Libraries in the study were Bruce, Elgin Essex, Haliburton, Huron, Kawartha, L&A, Middlesex, Oxford, SDG, and Waterloo Region. The following chart summarizes the one-time migration costs. librarv Standalone 8-libraries 11-libraries Bruce $42,350 $38,615 $36,013 Elain $51,278 $38,989 $36,400 Essex $80,051 $51,339 $49,401 Haliburton $58,230 $22,328 $20,772 Huron $47,067 $42,417 $39,088 Kawartha $46,137 $34,774 L&A $58,805 $46,504 Middlesex $50,682 $38,084 $35,583 Oxford $52,175 $47,422 $43,691 SDG $69,859 $42,840 Waterloo $50,462 $39,408 $36,654 One-Time Migration Costs 57 Page 2 Library Automation (Migrating to Unicorn) Currently the library pays $11,246 annually for software maintenance. The following chart outlines the software maintenance fees for Unicom so that the difference between the stand-alone and the shared server annual fees can be noted Annual Software Maintenance Support 11-Librarie$ 8-Librarie$ Standalone 012 In addition there will be an annual fee paid to the host institution for purchasing, maintaining and hosting the $erver. The maximum cost for this will be $5,000. This includes weekly and monthly back-ups, up-grades, and 24/7 support for Unicorn. Our library patrons are increasingly going to access library services through the Internet and support on a 24/7 basis will become very important. $11 $12,514 $25.792 CONCLUSION: Eight out of the eleven member libraries have committed to sharing a server when migrating to Unicorn. The actual time it takes for a library to fully migrate to Unicorn is approximately 17 weeks. Installations will be scheduled between 2003 and 2005. The automation consultant along with legal advisors is working on a contract with SIRS and a partnership agreement for all libraries to sign. The chair of the Ontario Library Consortium confirmed that all libraries planning on migrating to Unicorn need to sign an agreement with SIRSI by December 2002 with the understanding that we will be migrating to Unicorn RECOMMENDATION That the Manager of Library Services be authorized to sign a migration agreement with SIRSI committing the library to move to Unicorn and, That the Elgin County Library be authorized to participate in sharing a joint server with other members of the Ontario Library Consortium and, That the CAO and Warden be authorized to sign a contract and joint server partnership agreement with SIRSI and, That the one-time cost of $36,400 to migrate to Unicom be included in the 2003 Automation Budget and, That an upset limit of $5,000 be paid annually to the host library for purchasing and maintaining the server and, That the funds be included in the 2003 Automation Budget. ion Respectfully Submitted Mark C' Chief Administrative Officer 58 Cathy Bi op Manager of Library Services REPORT TO COUNTY COUNCIL Dianne Palmer, Library Coordinator Cathy Bishop, Manager of Library Services FROM 18 November 2002 Vehicle for Library Deliveries DATE: SUBJECT: Lease Prices for - NTRODUCTION As mentioned in the July 23rd report on the driver position, the Library uses a 1995 Ford Econoline van for delivery to the Library branches. This vehicle, which was previously used by the Engineering Department, now has approximately 207,000 kms. and has reached the age where costly repairs will be needed if it continues to be used for delivery of library materials. As directed by Council, staff has solicited quotes on the cost of leasing a vehicle for deliveries to the branch libraries. DISCUSSION A quotation form was sent to all (9) new car dealerships in St.Thomas and Elgin County and also to Lease Source in London from whom the Engineering Department currently leases a vehicle. The dealerships were asked to quote on the cost of leasing a 2002 and/or a 2003 Cargo type van and/or a 2002 and/or 2003 small Cube van for 36 months with an annual kilo metre allowance of 20,000, 24,000 or 30,000, depending on the terms of their lease arrangements. The quotes obtained on a 2002 vehicle have not been entered on the chart as lease agreements are not available for 2002 vehicles after September, 2002. Five of the dealerships responded. The quotation results are listed in the table below. The lease prices are monthly payments; if any other payments are required in addition to the monthly fee, they are also listed in the table. Not quoted GMC 2003 Savana $502.86 ($1233.36 due on delivery includes first month payment). 30,000 km. GMC Safari $554.00 + ($780.00 due on delivery) 30,000 km. Ford E-150 $588.67. 25.000 km. 59 Thomas St. Eastway Ford 2 - - - Ford E-350 Cutaway $1004.03. 30,000 km. - GMC Savana Cutaway $1048.83. 30,000 km. Not quoted Not quoted Ford E-150 $613.28. 30,000 km. Dodge Ram 1500: $658.27. 30,000 km. (109") GMC Savana $683.67. 30,000 km Ford E-150 $711.08. 30,000 km. Dodge (127") $596.86 + 1206.86 on delivery 20,000 km. Dodge Ram $741.76 30,000 km. 1500 Lease Source, London Dempsey Chrysler, Aylmer Elgin Chrysler, St. Thomas By leasing a new vehicle for the library branch deliveries, the County most likely will not have any additional repairs over the next three years. At the end of the lease period, Council will have the option of deciding whether leasing another new vehicle is the best route to take or, knowing the vehicle's history, whether purchasing the leased vehicle would be the most cost effective choice. Leasing also allows the library to consider other possible options for delivery to the branch libraries at the end of the leasing agreement. However, there is one factor which may make leasing a vehicle for the Library not as attractive an option as it may be for other departments. The library vehicle travels approximately 28,000 kilometers per year. This means that the 30,000 km. lease arrangement would work most economically for our situation. Through the HR department, the advice of an ergonomist was sought to ensure that the type of shelving which we have in the present van and which we would need to add to the new vehicle would fulfill Health and Safety requirements. There will be a one-time additional cost for the shelving which will be built to the specifications recommended by the ergonomist and to acquire a safety screen to separate the cab from the cargo area. Since the shelving will be very similar to that which we have in our present van, we estimate the cost for these two items to be less than $2000 total. In examining our present vehicle with the ergonomist, it was decided that we need a vehicle at least as large as the present one in order to allow as much area as possible for shelving as this reduces the amount of strain on the driver. 60 3 CONCLUSION Upon reviewing the quotations submitted and assessing the pros and cons of leasing a vehicle, staff feel that leasing a new vehicle will provide the library with dependable transportation for the next three years, and should their requirements for delivery be different at the end of that period, no further obligation would be required. Staff suggest entering into a lease agreement with Disbrowe Motors for the 2003 Savana Cargo Van Lease with the 30,000 km. per year option as it is the most economical choice and one that should meet our needs adequately. RECOMMENDATION That the County enter into a 36 month lease agreement with Disbrowe Motors for their quoted price of $1233.36 due on delivery with a monthly payment of 502.86 per month thereafter, inclusive of all taxes, to provide a dependable vehicle for the Library Services Department. That funds be included in the 2003 Library operating budget to cover the cost of the lease payments. Respectfully Submitted Approved for Submission il ~~ M~¡~ 11~ fbA.) Dianne Palmer Library Coordinator Chief Administrative Officer (~cØ:(14a Cathy S' op Manager of Library Services 6 REPORT TO COUNTY COUNCIL United Way Committee Tanya Tilton, Human Resources Co-ordinator Harley Underhill, Director of Human Resources FROM 19 November 2002 United Way - Penny Raffle NTRODUCTION: n a continuing effort to support the Elgin-St. Thomas United Way in raising much needed funds for sustaining the activities of various County organizations, the County of Elgin's United Way committee is proposing a County-wide penny raffle. DATE SUBJECT: DISCUSSION: The Committee is dedicated in providing uncomplicated, short-term and fun-filled activities to help generate excitement and funds for the United Way initiative. The penny raffle will operate in a manner similar to the following outline: · Prizes donated will be displayed - colour photographs of all prizes will be made available to all homes and libraries Containers (labelled) with the prize photo will be available at the County administration building, Terrace Lodge, Elgin Manor and Bobier Villa - envelopes labelled in a similar manner will be available for all County libraries as well as the · museum Tickets will be sold (i.e. 10 tickets for $5.00) Employee's will print their name and phone number on each ticket and place their tickets in whichever container they choose The day of the draw all tickets will be brought together and put into one jar corresponding to each of the prizes One ticket will be drawn from the combined jar of tickets and that person will win the corresponding prize The winner will be contacted by a member of the United Way immediately following the draw Winners wi building All monies the administration from prize(s) their be responsible for picking up · · · · · · Elgin To ensure all funds are directed to the United Way, it is the hope of the Committee to receive donated prizes from County of Elgin employees. The target dates for the penny raffle are as follows: - all donated items received no later than December 3, 2002 containers/envelopes with pictures of all prizes along with a description of each prize will be prepared and distributed to each location no later than December 9. 2002 December 10 - 17, 2002 - penny raffle tickets are on sale of the County of Way on behalf the United to be given raised wi · United Way penny raffle.doc Meetings\Counci 62 Council\Counci Management - F:\USERS\tiltonta\Reports to December 18 -19,2002 - tickets and money returned to administration building December 20, 2002 - draw for each prize - winners contacted wi be a timely and fun event. In the spirit of the season, the event to help support those in need throughout the County of Elgin. CONCLUSION The penny raffle wi be a wonderful way RECOMMENDATION THAT Department Managers and Council members support this initiative through the donation of prizes and purchase of tickets. That the County of Elgin donate a "paid day off in 2003" as one of the raffle prizes Meetings\Council - United Way penny raffle.doc 63 ission Respectfully Submitted Council\Counci ) Tanya Tilton Human Resources Co-ord F:IUSERSltiltontalReports to Management REPORT TO COUNTY COUNCIL United Way Committee Tanya Tilton, Human Resources Co-ordinator Harley Underhill, Director, Human Resources FROM 05 November 2002 United Way Campaign 2002-2003 DATE SUBJECT: NTRODUCTION In an effort to support numerous organizations throughout the County of Elgin by way of the United Way Elgin-SI. Thomas 2002/2003 campaign, a committee comprised of volunteer employees has been formed. The committee members include: Jennifer Ford - Finance, Taryn Shelley - Engineering, Jennifer Siannas - POA, Lisa Dalrymple - POA and Tanya Tilton-Reid - Human Resources. The Committee is hoping to include at least one representative from the Library and one representative from the Homes for Seniors in the very near future. DISCUSSION This year's United Way campaign will kick off with the promotion for contributions through payroll deduction sign-up. The campaign week will be November 18 through 22, 2002. It is the committees' intention to have a strong face-to-face sign-up drive. The committee members are committed to meeting with as many County employees as possible to provide them with the payroll deduction forms in person and thank them for their contribution to their local community organizations. Also organized for the kick-off week is a County-wide 50/50 draw - proceeds to the United Way. The final draw will be held on November 22, 2002 at the staff Christmas party. The committee has discussed various activities to continue the United Way fundraising initiative throughout the year. Activities discussed have included: a spring "clean out your closet" for United Way garage sale, an Easter bake sale, a penny raffle, a silent auction, a BBQ, coffee day, 50/50 type draws (with a few twists), etc. Further discussion regarding exact timelines and events will be held following the initial campaign drive. CONCLUSION The committee members are devoted to ensuring a successful and fun campaign to help raise funds for the United Way. Management support through allowing committee members time away from their daily work activities to attend and prepare for United Way events is crucial. Management support in setting an example of strong support for the United Way initiative through payroll deduction is encouraged and appreciated. While the committee will continue to communicate United Way initiatives and the importance of supporting local organizations it is very important that support for this vital organization be demonstrated from all members of the Management team. United Way 2003 campaign Counci1\Council Meetings\Counci tl- IICOUNTY\SYSIUSERSltiltontaIReports to Management - with changes from Carol1yn.doc RECOMMENDATION THAT the United Way Committee members be afforded time away from their regular work schedule to attend the Homes for Seniors, libraries and museum to meet with as many County employees as possible in order to facilitate a strong face-to-face payroll deduction sign-up campaign. Time required for campaigning will be during the week of November 18 through 22,2002. All time will be pre-approved by the committee members' Department Head. THAT, as in previous campaign years, the County approve a draw for a paid day off for all employees that sign up for a payroll deduction amount of at least $2.00 per pay for 26 pays. THAT, as in previous campaign years, the County approve a draw for two paid days off for all employees that sign up for a payroll deduction amount of at least $4.00 per pay for 26 pays. ubmission Respectfully Submitted ~. /.~ TanyáTilton Human Resources Co-ordinator United Way 2003 campaign Meetings\Counci Council\Counci /;6' \\CQUNTYlSYS\USERS\tillonla\Reports 10 Management· - with changes from Carollyn.doc ^ REPORT TO COUNTY COUNCIL Deputy Clerk Sandra Heffren FROM: 18 November 2002 County Ring Policy DATE: SUBJECT: INTRODUCTION County Rings Council directed staff to Investigate a recognition policy for DISCUSSION Staff surveyed neighbouring Counties for information regarding distribution of a County ring. The information collected is outlined on the attached table and shows varying practices of recognition. CONCLUSION A County ring would be an appropriate form of recognition and the following options are suggested for consideration. In order to maintain the significance of such recognition, Council may wish to limit its circulation Option #1 THAT Council commission a Gold County Ring for distribution to Wardens and Past Wardens according to the following policies: 1. THAT a Gold County Ring be presented to the Warden at the annual Warden's Banquet as recognition for his/her term of office. Should a Warden be elected for a subsequent term(s), the Warden, as recognition for such additional term(s), would choose another gift. the opportunity to purchase one Gold County Ring at Wardens be given 2. THAT Past their cost. 3. THAT sitting Councillors who have served as Warden shall be entitled to receive the Gold County Ring upon request. not be rings wi ring only be granted to any of the above. Multiple 4. THAT one permitted. 66 2003. 1 this policy commences January THAT 5. 2 6. THAT a committee composed of the Warden, one member appointed by Council, and the Deputy Clerk, be directed to research the design and costs of the rings and report back to Council. Option #2 THAT Council commission a Gold County Ring for distribution to Wardens and Past Wardens, and a Silver County Ring be commissioned by Council for distribution to Councillors and Staff according to the following policies: 1. THAT a Gold County Ring be presented to the Warden at the annual Warden's Banquet as recognition for his/her term of office. Should a Warden be elected for a subsequent term(s), the Warden, as recognition for such additional term(s), would choose another gift. . Wardens be given the opportunity to purchase one Gold County Ring at 2. THAT Past their cost. 3. THAT sitting Councillors who have served as Warden shall be entitled to receive the Gold County Ring upon request. County Ring be available to County Councillors to purchase at cost. 5. THAT a Silver County Ring be awarded as long service recognition to those employees who have attained 25 years of service to the County of Elgin. THAT a Silver 4. not be rings wi Multiple ring only be granted to any of the above. 6. THAT one permitted. 7. THAT in the rare circumstance where a Councillor who purchased a Silver County Ring retires and then returns at a later date and is elected Warden, he/she shall be permitted to receive a Gold County Ring. 2003 8, THAT a committee composed of the Warden, one member appointed by Council, and the Deputy Clerk, be directed to research the design and costs of the rings and report back to Council. 1 this policy commences January THAT 7. Councillors, Option #3 THAT Council commission a Gold County Ring for distribution to Wardens Past Wardens, and current staff according to the following policies 1. THAT a Special Gold County Warden's Ring be presented to the outgoing Warden at the annual Warden's Banquet as recognition for his/her term of office. Should a Warden be elécted for a subsequent term(s), the Warden, as recognition for such additional term(s), would choose another gift. 67 3 2 THAT any Member of County Council who has served one complete term be awarded a Standard Gold County Ring upon retirement from Council 3. THAT any Staff Member who has served 25 years or more be awarded one Standard Gold County Ring as recognition of service. the opportunity to purchase one Special Gold County 4. THAT Past Wardens be given Warden's Ring at their cost. receive the 5. THAT sitting Councillors who have served as Warden shall be entitled to Special Gold County Warden's Ring upon request. not be Multiple rings wi ring only be granted to any of the above. 6. THATone permitted. 7. THAT in the rare circumstance where a Councillor retires and received a standard County Ring, and then returns at a later date and is elected Warden, he/she shall be permitted to receive a Special Gold County Warden's Ring. 2003 and not be retroactive. 9. THAT a committee composed of the Warden, one member appointed by Council, and the Deputy Clerk, be directed to research the design and costs of the rings and report back to Council. 1 this policy commences January THAT 8. RECQMMENDATION At the direction of Counci Approved for Submission 68 Respectfully Submitted 4 Distribution of Count:L Rings is available to outgoing Wardens at the end ring is available to employees after 25 years of - one or two outgoing Wardens consulted a jeweller and had a ring made up as their retiring gift - presented to retiring Wardens - presented as staff service recognition award for 30 years - not available to any others - presented to the County Warden presented to outgoing Warden (depicts a map of the County, with a small diamond placed in the location of his/her local municipality) - some Mayors had their municipal lapel pin fused to a gold ring at the Mayor's expense. a gold County ring is available to retiring Wardens if they wish Councillors may order directly and purchase the ring at their expense - - a gold County ring is available to retiring Wardens if they wish 69 - does not have County rings - does not have County rings - no response a gold County ring of their term a silver County service. - - Municipality Grey Simcoe Bruce Perth Essex Town of Tillsonburg Middlesex Oxford Brant Dufferin Huron, Lambton, Wellington REPORT TO COUNTY COUNCIL County Social Committee FROM: 18 November 2002 County Council Recognition of County Social Committee DATE: SUBJECT: recognition from County Counci INTRODUCTION The County Social Committee would like to have official DISCUSSION In consultation with the County's insurer, Mr. Bryce Sibbick advised that County Counci should officially recognize the County Social Committee as a County sponsored endeavour. This would enable approved events to be covered by the County's liability insurance and involve no additional premiums. CQNCLUSION n order to promote employee fellowship and camaraderie amongst staff in all departments and to provide liability coverage, it would be beneficial for Council to adopt a motion to recognize the County Social Committee as County Council sponsored. RECOMMENDATION THAT the "County Social Committee" be officially recognized as a County Counci sponsored group to plan special social events that will be attended by County Councillors, employees, and their families, retirees and friends; and, nformed· of any events. THAT County Council be kept Approved for Submission Mark McDona Chief Administrative Officer Respectfully Submitted )I! ~l/ t Suzanne Edwards, Chairperson, Social Committee, County of Elgin REPORT TO COUNTY COUNCIL Homes and Seniors Services Helen L. Notte, Director, FROM Residents of the Homes November 13, 2002 A 2002 Holiday Gift for DATE SUBJECT: INTRODUCTION Council is being asked to provide a Holiday gift of free hairdressing and barbering services during the month of December to each resident of our Homes DISCUSSION In celebration of the 2002 Holiday Season, Council is being asked to provide a gift of free hairdressing and barbering services to the 247 residents during the month of December. Services would be provided by our hairdressers and barber; no additional staffing costs would be incurred. Residents are normally charged for hairdressing and barber services. Charges range from $7.00 to $15.00 depending on the services provided. The payments are recorded as revenue in the Homes' operating budget. A hairdressing and barber no-charge holiday in December will not negatively impact the Homes' 2002 budgets. The Homes will loose an insignificant amount of revenue for that month. Staff are recommending that Council provide this small gift to each resident in our care. CONCLUSION In celebration of the 2002 Holiday Season, Council is being asked to provide a gift of free hairdressing and barbering services to all 247 residents during the month of December. This initiative is a perk for our residents at such a special time of the year. There is no negative impact to staffing costs and the Homes' operating budgets. We do lose ap insignificant amount of revenue that the residents would normally be 9bligatedto pay back to the Homes 1 1 7 RECOMMENDATION THAT the hairdressing and barber charges to residents be waived for the month of December 2002 as a Holiday gift from County Council to all residents at Bobier Villa, Elgin Manor and Terrace Lodge. Respectfully Submitted ~o(.~ - Helen L. Notte Mark c Director of Homes and Seniors Services Chief Administrative Officer 72 2 REPORT TO COUNTY COUNCIL Homes and Seniors Services Director, Helen L. Notte FROM November 15, 2002 Snow Removal DATE SUBJECT: NTRODUCTION Historically, snow removal has been done by businesses in each Home's community. These same business owners are prepared to continue with the snow removal contracts for the winter of 2002/03. Staff recommend that the contracts be secured and are seeking direction from Council. DISCUSSION Snow removal expenditures incurred for the 2001/02 winter season as follows Home Provider Cost Bobier Villa Dave Simmons $ 625.95 Automotive Elgin Manor Jim's Lawn Care $ 3,124.40 Terrace Lodge George Wilson $ 2,332.60 ExcavatinQ Total $ 6,082.95 Homes for These same businessmen are prepared to do snow removal at our the 2002/03 winter season. Their quoted prices are as follows: 1 Home Provider Cost Bobier Villa Dave Simmons $95.00 per plough Automotive Elgin Manor Jim's Lqwn Care $ 100.00 per plough $ 80.00 per salt $ 40.00 per drifts calls Terrace Lodge¡ George Wilson $120.00 per plough Excavating 73 Last winter, the Manor staff experienced a high number of slips and falls on snow and ice. Arrangements were made at that time for increased salting; the per salt costs are reflected. We would hope to see that staff walk more carefully this winter. The Joint Occupational Health and Safety Committee will be monitoring the situation again this year. CONCLUSION Historically, snow removal has been done by businesses in the community because the Homes do not have the equipment to move large quantities of snow. These same business owners are prepared to continue with the snow removal contracts for the winter of 2002/03. Staff recommend that the contracts be secured and are seeking direction from Council. RECOMMENDATIONS THAT the 2002/03 snow removal services for Bobier Villa be purchased from Dave Simmons Automotive at a cost of $95.00 per plough, to be allocated from the Homes' operating budget; and, THAT the 2002/03 snow removal and salt services for Elgin Manor be purchased from Jim's Lawn Care at a cost of $100.00 per plough and $80.00 per salt, to be allocated from the Homes' operating budget; and, THAT the 2002/03 snow removal for Terrace Lodge be purchased from George Wilson Excavating at a cost of $120.00 per plough, to be allocated from the Homes' operating budget; and, Approved for ---- Respectfully Submitted ~ 2 Mark McDoM Chief Administrative Officer 74 Helen L. Notte Director of Homes and Seniors Services REPORT TO MANAGEMENT COMMITTEE Karen Dunn. Emergency Measures Coordinator FROM 2002 Land Ambulance - Ministry Response Time Framework Funding November 1ih DATE SUBJECT NTRODUCTION Recently, ministry representatives met with staff to discuss the annual Land Ambulance base budget allocation, and the proposed changes the Ministry has agreed to make in an attempt to increase their contribution under the Response Time Framework. While the Ministry announced that the County is eligible for up to $537,500 in additional funding to the base budget, the reality is that, because of the eligibility rules, the County will ndt be able to access the funds for some time. This report explains the implications of the announcement. DISCUSSION To accept this funding, the Ministry has dictated that the County and City of SI. Thomas together must match the Ministry's portion dollar for dollar. The funding is annual, and can only be used to increase the response times of our service (meaning that it can dnly be applied toward the cost of benefits and wages for increasing staffing hours). In addition, we can only claim the cost of the increases for the current fiscal Ministry year. This means we can claim from April 1, 2002 to March 31, 2003, for part of the staff costs of the additional eight hour day car we placed at the 81. Thomas-Elgin General Hospital on January 1, 2001, and the 2 t)pur upstaffs at Rodney and Dutton on January 1, 2002; however, because of the eligibility criteria, we can dnly claim what has been spent in additional staffing wages from April 1 ,2002 until March 31,2003. In reality then, we will be receiving $91,275 plus any additions Council may wish to implement before March 31, 2003. In order to access the remaining funds available, we will have to increase the municipal share of the budget in proportion to a corresponding increase in staffing hours The Elgin Land Ambulance Technical Advisory Committee has discussed and are currently collecting data for areas where improvement may be needed to our service. When all our findings are complete, and all data has been collected, we will be approaching Council with recommendations for these findings. It is ddubtful that the Technical Advisory Committee will be ready to make a recommendation that will enable us 75 ($537,500 075,000 to come anywhere close to justify spending an increase of up to $1 Ministry portion and $537,500 County/City portion) by March 31,2003 CONCLUSION At the present time, the Ministry has fallen short of its expected 50% funding responsibility for Land Ambulance. Currently the Ministry provides 39.42% of the overall costs of the Land Ambulance budget in Elgin The County and the City provide 60.58%. In an attempt to close the gap and take responsibility for their 50% share, the Ministry has offered an additional $537,500 to the annual costs of running the ambulance service within specific parameters. However, the restrictions imposed by accepting this funding has done little to increase the Ministry's share to anywhere near 50% of the costs to run the service. In the near future, the Elgin Land Ambulance Technical Advisory Committee will be reporting back to Council with responsible areas for improvement that Council may consider. At that point in time we will have recommendations on whether the Ministry's proposed method of funding is appropriate to our needs. RECOMMENDATION report be received and filed this THAT Submission Approved for RespectfullY Submitted J;;)1-~ Mark McDona Chief Administrative Officer 76 Karen Dunn Emergency Measures Coordinator '" '" 2002 APPROVED BUDGET 2002 ACTUAL EXPENDITURES % TO EXPENDITURES RECEIPTS NET EXPENDITURES RECEIPTS NET SEPT. 30102 1 - 140,000 (140,000) 140,000 (140,000) - 1 1 14,207,070 (14,207,070) 10,274,112 (10,274,112) 72.32% 1 1 351,185 {351 ,185) 186,468 (186,468) 53.10% 1 1 100,000 (100,000) 9,046 (9,046) 9.05% 1 1 75,000 75,000 28,196 ( 28,1~~ 37.59% 1 1 ".,...".......' '-'""".................. "............,V".... - - 0 1 Ò2,037 102037 1 1 FEES - KETfLE CREEK CONSERVATION 16,000 (16,000) 12,000 (12,000) 75.00% 1 2 HEALTH UNIT 1,111,408 1,111,408 833,556 833,{}56 75.00% 2 3 COUNCIL MEMBERS & LOCAL BOARDS 153,958 153,958 98,214 98,214 63.79% 3 4 ADMINISTRATIVE SERVICES 251,311 251,311 191,783 191,783 76,31% 4 5 FINANCIAL SERVICES 235,800 235,800 162,445 162,445 S8.B9%" 5 6 HUMAN RESOURCES 346 850 - 346,850 246 589 246 589 71.09% 6 7 ADMINISTRATION BUILDING 416,508 232,390 184,118 292,976 168,985 123,991 67.34% 7 8 CORPORATE EXPENDITURES 335,610 335,610 283,043 283,043 84.34% 8 9 ENGINEERING SERVICES 2,433,400 2,433,400 1,872,089 27,333 1 ,844,756 75.81% 9 10 HOMES FOR SENIORS SERVICES 10,188,712 8,887,939 1,300,773 7,906,526 7,128,872 777,654 59.78% 10 11 AGRICULTURE 27 530 27530· 18,288 18,288 66.43% 11 12 PIONEER MUSEUM 86,750 21,750 65,000 61,158 12,381 48,777 75.04% 12 13 LIBRARY SERVICES 1,505,414 152,352 1,353,062 1,077,720 40,352 1.037,368 76.67% 13 14 ARCHIVES 176,488 - 176,488 98,624 98,624 55.88% 14 15 LAND DIVISION 55,000 55,000 0 29,742 54,300 (24,558) 0.00% 15 16 EMERGENCY MEASURES 14,540 1,200 13,340 8,739 S,739 65.51% 16 17 INFORMATION TECHNOLOGIES 425,932 425,932 293,731 293,731 68.96% 17 18 PROVINCIAL OFFENSES 865,698 941,662 (75,964) 159,840 617,240 (457,400) 602,,13% 18 CITY OF ST. THOMAS 19 SOCIAL SERVICES & ONTARIO WORKS 2,286,150 2,286,150 1,924,032 1,924,032 84,,16% 19 20 ADMINISTRATIVE FEE - CITY OF ST THOMAS 373,274 373,274 308,758 308,758 82..72% 20 21 CONTINGENCY FEE 50,000 50,000 50,000 50,000 100,,00% 21 22 CHILD CARE 235,705 235,705 196,421 196,421 83,,33% 22 23 SOCIAL HOUSING 1,190,886 1,190,886 992,406 992,406 83..33% 23 24 GRANTS 104,000 104 000 48,500 48,500 46.63% 24 25 ELGIN TOURIST ASSOCIATION 35,550 35,550 26,663 26,663 75,,00% 25 26 RESERVE FOR MILL RATE STABILIZATION 100,000 100,000 100,000 100,000 100.00% 26 28 RESERVE FOR WSIB 100,000 100,000 100,000 100,000 100,00% 28 29 RENTAL INCOME - HEALTH UNIT 0 402,395 (402,395) 301 ,796 (301,796) 75.00% 29 30 RESERVE FOR PERFORMANCE EXCELLENCE 5,000 5000 5,000 5,000 100.00% 30 31 AMBULANCE SERVICES 2,719,766 1,947,724 772,042 989,283 989,283 128.14% 31 32 PROPERTY ASSESSMENT 581,049 581,049 435,787 435,787 75.00% 32 33 TAX RELIEF - 0 0 0.00% 33 34 CAPPING - 0 0 0.00% 34 35 POLICE SERVICES BOARD 30,000 30,000 0 0 0.00% 35 36 COMMUNITY REINVESTMENT FUND - 5,042,000 (5,042,000) 3,844,500 (3,844,500) 76.25% 36 37 TRANSFER TO CAPITAL 5,971,378 - 5,971,378 5,971,378 5,971,378 100.00% 37 38 TOURISM OFFICER 40 000 40,000 40 000 40,000 100.00% 38 Total 32 528 667 32,528,667 - 24851,487 22,919,422 1 932 065 - COUNTY OF ELGIN 2002 Budget Budget Compairson - September 30, 2002 COUNTY OF ELGIN Departmental Budget Comparisons The 9 Periods Ending September 30, 2002 For %OF Bud¡¡et Variance YTD Actual YTD Bud¡¡et Total Bud¡¡et 1 93,813 3,295 56,850 53,95: Warden & Co unci Wages Benefits Operations Total o 161,581 22,304 7,898 ,7 154,073 24,510 9,900 205,431 32,680 13,200 5' Administrative Services Wages Benefits Operations Total o Financial Services Wages Benefits Operations Total o 280,000 44,800 22,050 5 Human Resources Wages Benefits Operations Total o 1,447 (137) 12,788 Administration Building Wages Benefits Operations Total o 7, 153,461 25,783 48,988 29,186 25,625 116,250 27,934 30,000 35,250 42,274 5' 155,000 37,245 40,000 47,000 56,365 Corporate Expenditures Insurance Telephone Legal & Professional Retiree Benefits Other Expenditures Total 78 o o Engineering Wages Benefits Operations Maintenance Total 0 r. 75. r. 16.67% )5.88% 0.00% 65.51% 68.96% , 79 2,360 2,360 1,966 2,259 4,~~~¡ 31,012 3,909 3,934 ~~,4~;¡ ,5 14,211 3,149 16,382 33,742 8,518 173 15,867 24,558 201 (1,312) 2,377 1,266 4,132 (2,171) 23,757 25,718 365,537 6,572 (903) 29,222 (8,887,939) (6,665,954) (7,128,872) 6,955,133 5,216,350 5,399,961 1,435,028 1,076,271 1,089,864 1,794,502 1,345,877 1,416,700 ,296,724 972,544 777 ,653 27,530 20,648 18,288 27,530 20,648 18,288 55,000 41,250 39,284 10,400 7,800 5,541 6á:gg6 ~300d 3,953 4 ,75 48,777 889,457 667,093 636,081 154,703 116,027 112,118 226,000 169,500 165,566 82,902 62,177 123,604 ,353,062 ,014,797 ,037,368 111,800 83,850 69,639 17,888 13,416 10,267 46,800 35,100 18,718 176,488 132,366 98,624 42,501 31,876 23,357 4,699 3,524 3,351 (47,2006 (35,4006 ~~1,~6~¡ , 5 6,500 4,875 4,674 1,040 780 2,092 5,800 4,350 1,973 13,340 10,005 8,739 82,877 62,158 58,026 12,432 9,324 11,495 330,623 247,967 224,210 425,932 319,449 293,731 (335,604) (251,703) (617,240) 107,750 80,813 74,241 17,240 12,930 13,833 134,650 100,988 71,766 75, 5i 57, Homes for Seniors Revenues Wages Benefits Operations Total Agriculture Operations Total Museum Library Wages Benefits Coilections Operations Total Archives Wages Benefits Operations Total Pioneer Wages Benefits Operations Total land Division Wages Benefits Operations Total Emergency Measures Wages Benefits Operations Total Information Technologies Wages Benefits Operations Tota Provincial Offences Fines Revenues Wages Benefits Operations Total REPORT TO COUNTY COUNCIL Jennifer Ford, Financial Services Linda Veger, Director of Financial Services FROM November 12. 2002 DATE nterim Report for 2002 Capital Projects SUBJECT: NTRODUCTION In keeping with the Capital Budget Policy, Council will find an outline of the Capital Projects currently in progress which are over $50,000.00. A detailed report of all Capital Projects is available in Financial Services. The Elgin Manor Rebuild project has not been included as it will be submitted to Council under a separate report. DISCUSSION As reported earlier, the Emergency Vehicle Road, Line 8, continued from 2001, has exceeded its expected budget projection by $122,000. Two other projects which had surplus funds at their end, namely the Tub and Shower Renovation, Line 7, with a $28,000 surplus and the Hot Water Lines with a surplus of $30,000 (included in Line 35), were to help supplement the shortfall on this project. Once the Emergency Vehicle Road is complete, a final report on the project will be presented to Council. Road 47 Resurfacing, Line 24, is almost complete and the Township of Malahide will be providing approximately $70,000.00 to assist with this project cost once it is finished. Road 36 Resurfacing, Line 25, is over budget but approval was given by Counci to use funds from the Road 16 Resurfacing project Line 22, to cover this over expenditure once both projects are completed. Sunset Road Engineering Services, Line 14, costs were incurred in order to begin construction on the intersection of Roads 45 & 4, Line 16. It is anticipated that any savings on Line 16 will help to offset Line 14. Projects with no expenditures include some items that can be completed during the winter months such as indoor painting, and automation upgrades. Other projects in this category include projects that are accumulating funds yearly for future purchases such as Ambulance Replacement, general Bridge Replacement, Town of Aylmer, Waterlines and the Wardsville Bridge Rehab. These few projects alone account for approximately $1,460,000.00 of the $2,013,000.00. 80 CONCLUSION Most projects are well underway and some are very near completion Another report will be forthcoming to Council with further expenses captured. RECOMMENDATION: THAT the report titled Interim Report for 2002 Capital Projects dated November 12, 2002 be received and filed Mark G. McDon Chief Administrative Officer ~ Director of Financial Services 81 Variance 2002 Expenditures 2002 Budget 2002 CAPITAL PROJECT SUMMARY As At October 31/02 2,625.00 83,126.00 49,537.00 77,505.00 69,983.00 484,547.00 28,857.00 (122,196.00) 48,658.00 68,820.00 4,750.00 16,537.00 (2,519.00) (42,025.00) 33,854.00 438,947.00 59,294.00 21,076.00 (4,092.00) 40,008.00 21,935.00 799,283.00 22,614.00 (53,457.00) (278,991.00) (1,304.00) 37,451.00 10,082.00 73,926.00 108,865.00 393,137.00 138,927.00 217,569.00 47,375.00 116,874.00 100,463.00 55,995.00 260,017.00 15,453.00 71,143.00 177,196.00 231,342.00 6,180.00 77,250.00 33,463.00 227,519.00 112,025.00 416,146.00 1,053.00 190,706.00 88,924.00 119,092.00 359,992.00 163,065.00 717.00 152,386.00 163,457.00 503,991.00 51,304.00 17,549.00 44,918.00 51,074.00 8,654.00 21,863.00 99,073.00 7,431.00 50,000.00 200,000.00 150,000.00 133,500.00 330,000.00 500,000.00 100,000.00 55,000.00 280,000.00 75,000.00 82,000.00 50,000.00 225,000.00 70,000.00 450,000.00 440,000.00 250,000.00 110,000.00 115,000.00 400,000.00 185,000.00 800,000.00 175,000.00 110,000.00 225,000.00 50,000.00 55,000.00 55,000.00 125,000.00 117,519.00 515,000.00 338,000.00 225,000.00 2,013,174.00 PROJECT NAME 1 MISC BUILDING IMPROVEMENTS 2 TENNANT IMPROVEMENTS 3 DOWNSPOUTS FOR ADMIN BUILDING 4 MUSEUM IMPROVEMENTS 5 ARCHIVES RENOVATIONS 6 HOMES PROJECTS 7 TUB/SHOWER RENOVATION 8 EMERGENCY VEHICLE ROAD 9 GENERATOR UPGRADE - TL 10 MECHANICAL SYSTEM REVIEW - TL 11 ENERSHARE CONTRACT RETIRED - TL 12 ROAD 42 LAKE EROSION MAINTENANCE 13 ROAD 25 INTERSECTION 14 SUNSET ROAD ENGINEERING SERVICES 15 COUNTRY ROAD 20 RECONSTRUCTION 16 ROAD 45 & 4 INTERSECTION RECONSTRUCT 17 ROAD 18 GRAVEL RESURFACING & DRAINAGE 18 ROAD 103 CULVERT REPLACEMENTS 19 LAND PURCHASES 20 ROAD 32 RESURFACING 21 ROAD 8 RESURFACING 22 ROAD 16 RESURFACING 23 SPRINGFIELD RESURFACING - 52,49,40 24 ROAD 47 RESURFACING 25 ROAD 36 RESURFACING 26 ROAD SUB DRAINS 27 ROAD 55 SURFACE TREATMENT 28 ROAD 43 SURFACE TREATMENT 29 ROAD SIGN REPLACEMENT" 2002 30 KING GEORGE LIFT BRIDGE REHABILITATION 31 VIENNA BRIDGE SOUTH REHAB - 2002 32 MUNICIPAL DRAINS 33 GUIDERAILS 2,013,174.00 237,592.00 5,098,095.00 0.00 316,658.00 4,510,348.00 34 PROJECTS WITH NO EXPENDITURES 554,250.00 9,608,443.00 82 35 PROJECTS UNDER $50,000 WITH EXPENDITURES PROJECT TOTALS AT OCTOBER 31/02 REPORT TO COUNTY COUNCIL Director of Financial Services Linda B. Veger, FROM October 28, 2002 Retroactive Rate Increase - Union Gas DATE SUBJECT: NTRODUCTION/DISCUSSION Union Gas has advised customers that there will be a one-time retroactive adjustment to gas accounts. These adjustments affect all customers who receive delivery service from Union Gas including those who buy their natural gas from an energy marketer. The County purchases its gas through ECNG. as the adjustment the County with an estimate of Union Gas has provided follows Account Adiustment Elqin County Pioneer Museum 96 Elqin Manor 5,736 Elqin County Administration Buildina 1,375 Bobier Villa 2,839 Total Adjustment 10,046 however the The 2002 Administration BUilding budget will cover this adjustment, remaining budgets will have a shortfall by the end of the year. nformation CONCLUSION Presented for your RECOMMENDATION THAT the report titled Retroactive Rate Increase - Union Gas dated October 28 2002 be received and filed. sion Respectfully Submitted Mark G. McDonald Chief Administrative Officer 83 Services .~~ <I> REPORT TO COUNTY COUNCIL Linda Louwagie-Neyens, Manager Elgin County Pioneer Museum FROM Opportunities Youth VOlunteer October 4. 2002 Ontario's Promise - Programming for DATE: SUBJECT: NTRODUCTION On November 3, 2000, former Premier Mike Harris launched Ontario's Promise - The Partnership for Children and Youth. Ontario's Promise supports Ontario's children and youth by offering five promises: a healthy start, an adult who cares, safe places to learn and grow, the tools to succeed, and a chance to make a difference Ontario's Promise is not a funding agency. Rather, it promotes the program, and facilitates links between corporate donors and non-profit agencies. Benefits for an organization of promise include: improved profile of organization and the work done on behalf of youth; access and use of the red wagon logo; access to special offers available through corporate partners; p¡¡rtner web pages to support networking and linkages with the corporate sector; and opportunities to partner with other organizations of promise. Promise to make a commitment to that would fulfil one or more Elgin has been approached by Ontario's The Museum has been asked to create a program The County of Ontario's youth of the promises The current requirements for Secondary School graduation in Ontario include a stipulation that every student donates forty hours of volunteer work to the community. The Elgin County Pioneer Museum has attempted to involve youth volunteers in the past through various agencies including Volunteer Youth in the Community (VYM), and through youth volunteer fairs, but with limited success. We feel that one of the barriers for youth considering the Museum as a place to volunteer is a misconception regarding what the Museum is, and what we do. DIS~USSION fifth the fulfilling thereby the community, Goals To offer exciting volunteer opportunities to youth in promise: a chance to make a difference It is hoped that by educating Secondary School staff, guidance counsellors, and students about various opportunities available, and the many marketable skills that they can learn at the Museum, we may be able to offer youth exciting volunteer opportunities. At the same time, we hope to dispel the unfavourable image that Museums suffer from. and encourage youth to grow with us, through their favourable experiences at the Museum 84 We recognize that in order for volunteers (youth or otherwise) to continue donating their time and efforts, they must really like, and feel excited about the job they do. Although we have identified several volunteer job descriptions that we believe are exciting for youth, we feel that more input is necessary for the Museum to identify more youth volunteer opportunities Under the banner of Ontario's Promise, the Museum hopes to approach Secondary School staff, guidance counsellors, and students to educate them on what a Museum is, and what we do the this in several stages Presentation to the local Secondary School staff and student body regarding what Museum's mandate is, and the many exciting jobs performed at the Museum. We hope to accomplish · students and Working with Museum staff, form a focus group consisting of Secondary School from a cross-section of the student body, i.e., from different grades, subject streams schools. to examine the image of the Museum as it is perceived by youth. · Working with Museum staff, create a survey that would be distributed amongst the student body to gather further information, and refine focus group findings · opportunities for youth within the Findings would then be used to help identify more volunteer Museum that they find exciting · the job descriptions at throughout Elgin to match findings Promote youth volunteer opportunities including new volunteer Museum in guidance counsellor offices in Secondary School offices Follow-up by creating job descriptions · · Follow-up presentations should be made to Secondary Schools in following years. continuing to educate and promote the Museum as an exciting place to volunteer · RECOMMENDATION THAT the County of Elgin adopt the Elgin County Pioneer Museum's proposed plan to encourage youth volunteerism under the Ontario's Promise program, as set out in the report titled Ontario's Promise - Programming for Youth Volunteer Opportunities dated October 4, 2002 ssion Approv,ed Mark G. â Chief Administrative Officer ResRectfully Submitted Linda Louwagi<z: Manager - Elgin 85 Museum 1 _, /J" / ~v~....u'L Linda B. Veger . Director of Financial Services REPORT TO COUNTY COUNCIL Elgin County Pioneer Museum Linda Louwagie-Neyens, Manager FROM October 22. 2002 Museum Report 2002 DATE SUBJECT: ntroductionLDciscusslon 2002 has been a year of many changes for the Elgin County Pioneer Museum. Beginning in January, the Museum was the venue for the official announcement by Tim Hudak, Minister of Tourism, Culture and Recreation for SuperBuild funding planned for health and safety upgrades to the Museum building, and to other municipal facilities throughout the County. Planning for the Museum's construction and continued operation ensued in the following months. In September, the Museum's collection and offices were moved to 449 Talbot St., St. Thomas. The Museum has not only continued to remain open to the public, but has taken advantage of its highly visible downtown location with a store front exhibit featuring some gems collected over the Museum's 45 year history, and expanded its gift shop. As you know, the Museum's construction plans have been suspended as of the time of this report due to budgetary concerns and the recent imposition of new barrier- free accessibility legislation. Nonetheless, the Museum plans to continue offering appealing public programming and exhibits regardless of its location. 2002 has also been a year of increased visibility and involvement in the community, as we expand our programs outside of the Museum. In addition to the four changing displays scheduled for 2002 at 32 Talbot and 449 Talbot, we've also reached out into the community by erecting eight off-site educational displays, including one at the St. Thomas Seniors' Centre as part of the Sesquicentennial celebrations for Elgin County As 2002 marked Elgin County's Sesquicentennial, the Museum also celebrated its 45 years with the in-house publication of two unique books. Elgin County Sesquicentennial 1852-2002, which details the history of the Museum and its loyal supporters, the Elgin County Women's Institute branches and St. Thomas lODE chapters. Thanks to a contribution from County Council toward publication costs, it has been a successful fundraiser for the Museum. The Story of the Blue Gown was published in conjunction with the famous gown's second debut at the Museum, after having been taken off display for conservation several years ago The Museum also expanded its programming in 2002 by adding to existing programs, as well as by creating new programs. The Museum continues to offer outreach programs to adult groups in the community through our On the Road programs which "bring the Museum to those who cannot go to the Museum". As well, 2002 marks the fifth consecutive year that the Museum offered its very popular rug hooking classes 86 Our rug-hooking club that grew out of them expanded due to popular demand this year, to include twice as many meeting dates, and an instructional program for the 2002-2003 season Children and youth programming is key to education while also building positive relationships throughout the community, and leaving a lasting impression on kids who will grow with us. This year's summer children's programme, Talbot Trail Kids saw almost 200 children, ages 6 - 12 enrol for the eight week local history-based sessions of fun, games, and learning. For one child, it was his fourth year attending the program In addition to our school kits offered to grades K - 8 on a variety of historical topics which allow teachers to bring the Museum into the classroom for a "hands-on" approach to Elgin County history, the Museum had an opportunity to develop a program that will target secondary school students. We have developed a history and research program that will culminate in a student-erected display at the Museum. It also includes the opportunity for secondary schools in east and west Elgin to participate in future years. Unfortunately, due to construction plans at the Museum this year, the program launch had to be delayed until a future date. We look forward to reaching this audience Four and a half years after we started an inventory project to document our complete collection, we .were able to transfer almost 100 railway related artefacts to the Elgin County Railway Museum in August, where they will be better served. Our dedicated volunteers, who have donated over 1800 hours to this project and others so far this year, have done this inventory project. This represents over $12,000.00 value added to the Museum this year, if calculated using minimum wage. We are very proud of our volunteer force, and how it has grown over the past several years, showing their dedication to the Museum and their community. 2002 has been a year filled with unique challenges and accomplishments for the Elgin County Pioneer Museum. It has seen the Museum begin to reap the benefits of several long-term projects, as well meet the challenges of serving the public with the flexibility that our current situation requires. We look forward to 2003 and the changes it will bring to the Museum, as we strive to preserve the heritage of Elgin County. RECOMMENDATION titled Museum Report 2002, dated October 22. 2002. be received and the report THAT filed. 87 Respectfully Submitted D Services Lind Dire, 2002 CORRESPONDENCE - November 26th Items for Consideration County of Perth, City of Stratford and Town of S1. Marys, with a joint resolution urging the Government of Ontario to assume at least an 80% cost share of the $25,000 per unit for additional affordable housing anticipated under the Federal/Provincial housing initiative program. (ATTACHED) 1 Dianne Wilson, Deputy Clerk, Municipality of Central Elgin, with a resolution appointing citizens to the Joint Elgin/Central Elgin Municipal Accessibility Advisory Committee. (ATTACHED) 2 to consider R. Millard, C.A.O.lClerk, Township of Malahide, asking County Counci the feasibility of adopting an Entertainment By-Law. (ATTACHED) 3 P.M. (Pat) Cayen, Director, OAFC Fire Chief, Malahide Fire Services, requesting support for the amendment to Bill 30, Firefighters Employment Protection Act, 2002. if 4. Joint Resolution of the of Perth. Cit of Stratford and Town of St more s provide Ma to the need recognized means and; Count WHEREAS the Government of Canada has affordable housing for Canadians of limited WHEREAS a Federal Housing Initiative agreement was signed between the Federal and Provincial Governments, with the intent of having three-way partnerships of Federal, Provincial and Municipal governments to enable the expansion of the housing stock and; additional the need for is making across Canada more critical and; WHEREAS an ageing population al housing at affordable levels ever provide affordable WHEREAS recent history has shown that the private sector cannot housing without government assistance and; subsidization with anticipated of Ontario and participating / WHEREAS the Federal Plan was based upon contributions of $25,000 per unit by the Province municipalities and; WHEREAS the Province of Ontario is contributing grants of "$2,000 per unit to offset the cost of PST" which in essence, downloads to the municipalities the remaining $23,000 per unit of the anticipated cost-sharing and; the able to cope financially with is least WHEREAS the municipal level of government fiscal demands of this partnership and; the housing administering WHEREAS municipal government is the level of govemment base and is E!ager to be involved in the partnership; BE IT JOINTLY RESOLVED that the Councils of the County of Perth, the City of Stratford and the Town of SI. Marys hereby urge the Government of Ontario to immediately assume at least at 80% share of the $25,000 per unit anticipated by this initiative. AND BE IT FURTHER RESOLVED that this resolution be submitted to each of Ontario's upper tier municipalities and to the Association of Municipalities of Ontario for their consideration and support. The Corporation of the City of Stratford City Hall P.O. Box 818 Stratford ON N5A 6W1 Th~ ç;orporation of the County of Perth Court House 1 Huron Street Stratford ON N5A 5S4 89 Marys The Corporation of the Town of SI. Town Hall P.O. Box 998 SI. Marys ON 86 1 N4X :Municipa[ity of Centra[ 'E[gin Corporation of tfie rrfie Ph.519·631·4860 Fax 519'631·4036 Floor. Sl. Thomas, Ontario N5R 5V1 st 450 Sunset Drive, 2002 October 30th ?ßD? 1. t-\O'i Sandra J. Heffren Deputy Clerk County of Elgin 450 Sunset Drive St. Thomas, Ontario N5P 5V1 Ms. Heffren Dear Municipal Accessibility Advisory Committee Please find enclosed a copy of By-law 486, "Being a By-law to Establish a Joint Municipal Accessibility Advisory Committee with The Corporation of the County of Elgin and to Provide for the Appointment of Members Thereof' and; a copy of the resolution which Council passed at their meeting on October 15th, which appoints citizens and Council representatives to the Joint Elgin/Central Elgin Municipal Accessibility Advisory Committee. Joint Re this information, please feel free respect to If you have any questions or concerns with to contact me at the municipal office Yours truly, , ~j{'~ Dianne Wilson Deputy Clerk. 90 encl (} Elgin Municipality of Central Resolution October 15, 2002 Moved by Seconded by THAT: Council appoint the following citizen and Council representatives to the Joint Elgin! Central Elgin Municipal Accessibility Advisory Committee: -;:J~... ~1 Ph ~ ßè<.k~ M",kS term year 1 -è+~ c.."ho~ C~ev,+5 also be appointed to the Committee. - - _THECOUNCILOr~:E CORPOf\'6~OC~~~AL ELGIN MUNICIPAUTY ::::d !J.-- ~ - 9 , 2 year term term 3 year N AND THAT THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN BY~LAWNO. 486 Being a By-law to Establish a Joint Municipal Accessibility Advisory Committee with The Corporation of The County of Elgin and to Provide for the Appointment of Members Thereof WHEREAS section 12 of the Ontarians with Disabilities Act, 2001, S.O. 2001, c. 32, reql.\ires the Council of every municipality having a poplÙation of not less than 10,000 to establish or continue an accessibility advisory committee, AND WHEREAS both the Council of The Corporation of the Municipality of Central Elgin and the Council of The Corporation of the County of Elgin deem it advisable to establish a joint municipal accessibility advisory committee to advise them and to provide for the appointmeI1t of members thereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN ENACTS AS FOLLOWS For the purposes of this by-law, (a) "Committee" means the Joint Elgin/Central Elgin Municipal Accessibility Advisory Committee. 1 "County" means The Corporation of the County of Elgin; (b) of The Corporation of the County of Elgin; means the Council "County Council' (c) "Municipality" means The Corporation of the Municipality of Central Elgin; and "Municipal Council"means the Council of The Corporation of the Municipality of Central Elgin. A municipal accessibility advisory committee known as the Joint Elgin/Central Elgin Municipal Accessibility Advisory is hereby established in conjunction with The Corporation of the County of Elgin. 2 The COll11J1Îttee shall consist offive (5) members and shall be composed of (a) four persons eligible to be electors in the County of Elgin; (b) either the Mayor or Deputy Mayor of the Municipality; (c) the majority of members of the Committee must have a disability as defined by the Ontarians with Disabilities Act, 2001. 3 All members of the Committee shall be appointed by both the County Council and the Municipal Council. 4. The County Council and the Municipal Council may, by resolution, replace members or appoint ftom time to time such new members as they consider advisable. 5 The members of the Committee shall serve a three year term. Notwithstanding subsection 6 (a), at least one member of the first Committee shall be appointed to serve a one year term, at least one member of the first Committee shall be appointed to serve a two year term, and at least one member of the first Committee shall be appointed to serve a three year terro. serve more than two consecutive terms. No member of the Committee shall (c) (d) (e) (a) (b) 6. elect a Chairman and Vice The Committee shall at its first meeting of each year, Chainnan from its membership. 2 The County and the Municipality shall provide a staff person from each municipality to act as secretary to the Committee on an alternating six month basis. The secretary shall truly record without note or comment decisions, and other proceedings of the Committee. resolutions, all (a) (b) 3 The duties of the Committee shall be as follows: provide advice to the County Council and the Municipal Council about the preparation, implementation and effectiveness ofthe accessibility plan for the County and the Municipality which shall include: (i) a report on the measures the respective mUnicipality has taken to identifY, remove and prevent barriers to persons with disabilities; the measures in place to ensure that the respective municipality assesses its proposals for by-laws, policies, programmes, practices and services to determine their effect on accessibility for persons with disabilities; a list ofthe by-laws, policies, programmes, practices and services that the respective municipality will review in the coming year in order to identifY barriers to persons with disabilities; the measures that the respective municipality intends to take in the coming year to identifY, remove and prevent barriers to persons with disabilities; and all other infonnation that the regulations prescribe for the purpose of the plan; (iv) provide advice to the County Council and the Municipal Council on the accessibility for persons with disabilities to a building, structure or premises or part of a building, structure or premises, (i) the County Councilor the Municipal Council purchases; constructs or significantly renovates; for which the Council enters into a new lease; or that a person provides as municipal capital facilities under an agreement entered into with the council in accordance with section 210.1 of the Municipal Act, 2001 of review in a timely fashion the site plans and drawings described in section 41 the Planning Act that the committee selects; (c) and provide the County Council and the Municipal Council with the minutes of meetings once adopted by the Committee and to make annual presentations to the County Council and the Municipal Council regarding its activities if requested. this 15th day of October, 2002. Mayor (i) (ii) (iii) (ii) (iü) (b) perform all other functions as specified by regulation; (d) (e) 2002 David Rock, (a) 4 a FIRST and A SECOND TIME this TIME READ READ .'""-~, 87 John Street South, Aylmer, Ontario NSH 2C3 Telephone: (519) 773-5344 Fax: (519) 773-5334 Email: malahide@township.malahide.on.ca www.township.malahide.on.ca Township of MALAHIDE November 14,2002 I 8 ~~,~ ~Q\I County of Elgin, 450 Sunset Drive, St. Thomas, Ontario. N5R 5VI Dear Sirs: RE: Entertainment By-law. recently obtained a copy of an Entertainment By-law from Police Malahide Township Council Services. a unifonn by-law throughout if this is something that should be considered as municipalities. Council questioned the County in all (Copy of By-law enclosed) its consideration. is being forwarded to the County for This inquiry Yours very truly, TOWNSHIP OF MALAHIDE (J~ R. MILLARD, C.A.O./CLERK All municipalities in Elgin Council Copy SUSAN E. WILSON Treasurer tteasurer@township,malahide,on.ca Email: 92 entertainment by~law nov 14.wpd H:\diana\diana's files\Randy ~ 2002\county RANDALL R. MILLARD C.Ao./Clerk Email: clerk@township.malahide.on.ca !I/o [/ / - 5 / Elgin County O.P.P 42696 John Wise Line St. Thomas, ON N5P 3S9 Police provinciale de l'Ontario Ontario Provincial Police " Telephone: 519 - 631-2920 Fax: 519-631-2923 File: 600 Co;,! !JIve"! io - 6el1e. ÛIl1t.o - ¡{I- Cqytl1 October 16. 2002 MEMORANDUM TO: The Elgin Group Municipa ities Staff Sergeant Ryan Cox Elgin County O.P.P. FROM Entertainment By-Law Request to Consider an SUBJECT I request each of the Elgin Group Municipalities consider the feasibility of adopting an entertainment by- law. This would allow a municipality the ability to control and set parameters for special occasion events that attract large gatherings of people in its municipality. to relating standards to set by-law could be utilized Policing and security Health and safety Fire prevention nsurance and liability An entertainment · · · · An entertainment by-law would make an event organizer aware of their responsibilities and ensure the appropriate municipality and agencies are made aware of upcoming entertainment special events. Dunnville ities of Munlcipa that the former by-laws Please refer to the attached copies of and Haldimand adopted The Elgin Group Police Services Board directed I forward this request to each of the municipalities for its consideration If further information is required please contact me Vþ~7 /lP¿/ 'Jim' "'P~ ()(Qf, R.B. COX, #5003 Staff Sergeant CI-,o'l "0 "lhl ODO ..._,!:JII 'J' L¡ L} I·.·. ii02 NO.017 '"'0........., ¿.....e..) TOWN OF HALD ¡ 1't'iND -7 519 631 13:30 07/04/02 ~S~ , BY-LAW NUMBER 'C!rcfuu 26-2000 ot (!1nrpnr'tfinu nf t~.e nf ¿BuuubiU.e The BE1NG A BY-LAW REGULATING AND UCENCING PUBLIC ENTERTAINMENTS WITHiN THE LIMITS OF THE CORPOAATION OF THE TOWN OF DUNNVILLE ..*.*...*....******.. WHEREAS paragraph 6 of Section 236 of The Mllmcillal Act. R.S.O. 1990, Chapter M-45, as amended, authorizes Councils to pass By-laws regulatiIig and licencrng exhibitions held fOT hire or gain and all places of amu.scment; AND WHEREAS the Corporation of the Town ofDunnviIle deems it lIecessa:ry and e1<pedie¡¡.t to re'gu1ate and to licence the holding or conducting of public entertainments and to provide for the prol1JòitiOl'l of the carry:Îng on or engaging of such activities without a licex¡ce; TQWN Q.F THE CQRPORATION OF THE NOW THEREFORE THE COUNCIL OF DUNNYJLLE ENACTS AS FQLLOWS: That'withúÙhis By-law, "Public Entertainment" means an exhibition for hire or gain held outdoors which featureS a perfonnance or petfonnances (vocal, instrumental, or any combination thereof in nature) by one or more persons, or one or more groups of persons, being comroonly referred to as a concert or music festiva~ for the entertainment of persons who attend sucb a performance or performances, and for which a fee for admission of such persons is h)' a) L ~ A pe¡foon31Jce by one or mare persons or one or more groups of persons" within the definition of "Public EntertJlinment" includes any event where the performance consists, in whole or in part, of the electronic reproduction of recorded music. b) Public Entertainment upon wbi c.h a ____.0'.' d) "P1Ace of AIIlusement" means the lands and premises takes place, or is proposed to take place. of of Dunnville. roeang the Clerk-AdmiIDstntor of !he Corporation of the Town oftbe Corporation of the Town means the COWlcil f) "Clerk-Administrator" Dunnville. "Council' e) or a Public association(s) conduct "Town" means the Corporation of the Town afDunnville. organization(s), licence to hold or psrtn'=hip(s ), a wh= to person(s) "Licencee" means any Person Ente:rtaininent has been issued. "Persoo" ÌJ1dudes any corporation(s). g) h) i) (;103 NO.017 ,:; 2S23 ::...:.:" ~.- ~ ' .., .-...... ~ --.., .'-'......., -....', -00;-. .~, w'!'/CJ4/¡¿2 Page 2. of By-Jaw No. 26-2000 Dunnville inhabitants of the Town of "Pub)jc intereSt" includes, the promotion or advancement of the good ofthe or any part thereof; or i) j) the avoidance of things, occasions, occw:rences or opportUnities harmful to the comfort or interests of the inhabitants of the Town of Dunnville or any part theNof, but does not include circumstances of mere convenience, whim or caprice. ii) Town wifuin the liioits of the Thåt no Person sha.!1 hold or conduct a Public Entertainment except in accordance with the provisions oftbis by-law. 2. to the Entertainment prior Public That no Person shall advertise or cause to be advertised a issuance of a licence within the limits of the Town. 3 That every Person seeking to hold or conduct a Public Entertainment within the limits of t:ñe Tpwn shAll obtain a licet)ce from the Clerk-Administrator authorizing the Public EnteTtrinment at a Place of Amusement. 4. That every Person seeldng to obtilil a Hcence to bold or conduct a Public Entertainment shall submit a complete application package to the Clerk-A'dminist:rator at least sixty days (60) days in advance of the d;\te of the proposed Public EnterWt1ment. The application paclœge shaD COJJsist of an applicatiol'J in the prescribed form, the subinissiol1 of the pT!$cn"bed application fee of $250.00 and the provisio:o of such other information as the Clerk-Administrator or Council may require. 5. That the Clerk-Administrator sbaH, upon receipt of a ·complete application package for a proposed Public EnteJ1a.inment, make or cause to be made aJ] investigations required by law or by Council regarding such application, including but Jot JirÏ1ited to, circulation of the application to: 6. all Municipal Departxnents within the Town; a) the RegiooaJ Municipality of HaJdimand-Norfolk; b) Ontario Provincial police Det.1chment; aDd the Officer in Charge of the local c) the Haldimand WaT MemÐrìaJ Hosp~taI. That the application and results of the investigRtions referred to in paragraph 5. shall be presented to th.e first avaiJable meeting of the Town's Protective Services Committee for review and consideration by Council. d) 7. dìsclose do not, in the opinion of COImcil, referred to in paragrapb 5. That if the ùivestigations any reason to beJieve: 8 that !he appl!,cant may not be of good character; or that the bolding or conducting of the Public Entertainment may result in any breach of the law, incJuding a:oy By-law of 1he Town or the Regional Municipwty oÎ F...-;l¿im¡¡r.¿· Norfolk; or a) b) ;,...¿,,-, ,- ~.~ ,~ . L'. ,,-.--, é..-323 ~.., " I ~,.- ..,,--. "l2H¡;' TOWN Or riril...:' ,- -- __,..jt.:; 0"['/2.-1/";:';2. of By-law No. 26-2000 Page 3 5~ - to the adverse that the boJdjpg or conducting of the Public Eat\,rtainment is in any way Public Interest; or c) that there are any taxes, penalties or interest remainjng ouWmldin g or any fines owed to the Town as a result of violations of any by-laws, by either the applicant or the owner or operator of the Place of Amusement; and d) all information as required that the appUcaJJt has failed to complete all fonDs and pmvided by Section 4. and paid the appJicable fee, e) Cmmcil may instroct the Clerk-Administrator to issue a Jicence to hold or conduct the Public EDtertainment at the Place of Amusement for a specified period of time and subject to any terms and condjtio/1s considered by Counci1 to be in thëPublic Ioterest to hold or conduct sign all licences 'That the Clerk Administrator sha1l, on behalf of Council, Public Entertail lJ1ents issued under this By-law. 9. E..,ie¡y Jicencee shaJI pay, in addirion to the prescribed application fee, a licence fee in the amoWJt of $150.00 per day, or part thereof, in which the Pub1ic Entertainment is licenced to account for the costs of the JXmnicipality in admiwsterin.g and enfort:ing this by-law 8JJd the licence issued hereunder with respect to the Pllblic EntenaillIDèat 10. That every licencee shaJ] post the licence in some conspicuous place at the Place of Amusement to whicb it applies, and sbaJI produce swd 1iceIlce to the Municipal Law :Enforcement Officer of the Town or any person authorized or requ ired by Council, or any rnero.ber of the Ontario Provincial PoJice, for inspection upon request. 11 That where the applicant proposing to bold or coaduct a Public Entert3.;J:!meat is a partnership, the appJicstjon ¡nay be made by oae of the partners, but the application shåll disclose the name and address an.d teleph.one number of each member of the partnership and the addTess and teJephone number of the principal p]ace of bus mess of the partDership, and the nanie, address and telephone number ortlie manager or other person respons¡t¡1ëfor cañÿ1ii¡f oot the ·day-to- day opention of the business of the partnership 12. That where the applicant proposing to hold or conduct a Public EDtertaimoe.nt is an organízarian or association, the application shall be made by the President or other Chief . Officer of the org:ffiization or association, acd the application shall disclose the Dame, address and teJephoae number of aU .officers and directors of the organization or association, the address· and telephone number of the principal place of bUSÍDess of the organi.ution or association, and the name, address and telephone number of the manager or other person responsible for carrying out the day-to-day operation of the business of the organization or association. 3 14. Thatwhm: the appJicant proposing to bold or conduct a Public EJ:!tertainment is a coryoration, the application shall disclose tbe name, address and telephone namber of eac.b shareholder, each director and each officer of the corporation, 8..!1 well as the name, address and telephone number of the manager or other person responsible for carrying out the day-to-day operntion of the bUsiness of the corporation, and the address and phone number of the principal place of business of the corporation. ,","-_~r,~'~? ~. '," . ~.. ~ ~ ~.. ~ - ~. ",,'.. -- -"'"'' ".. - ..- .. ~.., ........ ;-, ," t" ...:......... .." ......~ 06 Page 4. of By-law No: 26-.2000 15. That where a licent:e has been issUed, any ~himge in directors, officers, slusreholdctJi, partners, managers or per30IIS responsible for ca:nyíng out !he day-to-day operation of the bIlBÌDC$S of the pannenlbip, org¡wizalion, association or ~rporatioß, 118 the ClI! e mil)' be, to wham the licence hB8 been granted, during !he period ofûme that a licence is in force, shall be dmned to be a tennÍIIatÌon of sucll licence, unless the Clerk-Administrator bas first been notìfJed in writing of ¡¡\II:h change., and has either accepted such change or, if in the opinion of the C]erk- Administrator, stich cbange bas been accepted by Council. ¡ 6. That no licencee shall promote or hold or C\1IIduct the Publ ic Entertail'lm""t under any name or style otheT than Ihe name or style endorsed upon the licence. 17. That ,every ¡lìccncee, in addition to any other requirement in this By-Jawor any other mW1icip<lJ bY-law or: any term or condition identified in the licence to hold or c:onduct a Public Enter1aÍllment, shan: a) maintDin and keep clean, safe and in good condition. and promptly repair the P1ace of Amusement to whicll the líl:ence relates, including any facilities thereof during the term of the licel1ce; b); not cause or permit any nuisanlle 10 arise in, or in conneetÎon with, the Place of : Amusement 10 which the licence relates; c) not cause or permit any obs\nlCtion on any highway, lane or pub j¡: pJace in :!Tont of or adjoining the P IIC of AmlJ:iement for which the licence was issued; d) nOL cause, or permit to be I\1IUsed, any breach of II1IY ToW!! by-law, Regional Municipality ofHaldimand-Norfolk by-law, provin¡:j¡ù or feden¡] law, regulation or Dmr-in-CoWlCil in, or in connectÎOQ with any activity occurring at, thl! Place of Amusement 10 which the liCi:QÇe n:lates. 18. That every Person issued a jcenCI: pursuant to this By-law is responsible for the QbSCl'Vllllcc and performance (If all the provisions of this by-law by himself, the direçlPrs, offi~ employ""", Ia1d assistants of the Licenceo in respect of Publil:: Entertainment and the Place of Amusement and by all pcrsoJ s including directors, officers and !.\1tIployees of any per.ron with whom the LiCci_ bas II IIOIIlmctual relationship. 19. That where a Person licenced under this By-law change¡¡ their address or business 1Jddn:I¡s, or where !be officers, di=t0r5, shareholders or par\III!r.I of the Person licenced cheDge their personal address, they shall notifY the Clerk, in writing, of the chang\' within seven (7) days. 20. That any Municipal Law Enforcement Officer of the Town or any per5Ol1 authorized or required by ,ÇDlPlcil may, during the normal hours of operation of the Plaçe of AmuSClllent or In any oilier reasonable time, Ù1:¡peçt such PI""" of Amusemeut for purpose of I:D5Uring COIDpliancewith the relevant provisions of this By-law. 21. That l11e Council may revoke or suspend any licence issued pursuant to this By-law for any brœ¡:h of the same. 22, That eve:ry Person who colllrnvenes any provision of this By-law is guilty of an offence. and in addition to uny other remedy may upon conviction: a) forfeit their licence, BUd , 2r/ú':;/~2 .;....:.;.j.. "TCJ~,,;:\ w;: :-1.2,....:; It.;;";;:) 5:3 S:':. 23:':- . .~- -..- --, :":.......;...:.l.::. lit..":' 0\1; Page 5 of By-Ia.w No. 26-2000 b) incur a penalty refove1l1ble under the provisions of the provincial Offences Act: all the provisions of which appJy. 23. That shouJd any section, clause or provision oft1Ús By-law be held by a court of competent jurisdiction to be invalid, the "alidity of the remainder oftbis By~law shall not be affected. 24. That where a form or words of expression are prescribed in tÞ.is By-law, deviations therefrom not affectiug the substance, or calculated to mislead, do not aDDu! them. 25. That By-law No. 26-2000 and any other by-law or provision of any other by·Jaw of the Town inconsistent with this by-law is hereby repealed. 26. That this By-law shaH take effect and come into force on the dAte of .final passage thereof. REAl) a first and second time this 30th of October, A.D. 2000, READ a third time and passed by a vote of not less than two-thirds of all Members of Council present this 30th day of October, A:.D. 2000. MAYOR - , ~::3¿1 7="':~'¡ G~ ~,:=:.:"'JI(;'>:0 .¿ :::.:.= c.~:. 23';:": !.-:,- -.., :.-' ~':'. ~:~ . -. --- 31 THE CORPORATION OF THE TOWN OF HALDIMAND By.law # 1296 /96 Being a By·law to ame..d By·law #1033/93 to regulate aDd liteDCe musl",,1 e:s.hibiüDDS. WHEREAS Section 236 paragraph 6 of The M,m;cin"1 Act R.S.O. 1990, Chapter M.4S authorized the Council of the Town to pass by-laws to licence and r<:gula1c exhibition!! for hire or gain and for ævoking ""y such licence; AND WHEREAS the Council of the Corporation of the Town of Halc!imand deems it expedient that musical exhibiuons held outdoors i.. the Town of Haldimand 'oe licenced and regulated, and thaI provision be made for [evoking any .sm:h licence; AND WHEREAS By-Jaw #1033/93 was passed on April 26, 1993 in accord:ll1ce with Th~ MnnicínQI Act: AND WHEREAS it is oow deemed expedient to amend said by-law; NOW THEREFORE the Council of the Corporation of the Town of Haldimand ena<:1S as follows: Th~ Secùon 11 of By-law #1 033/93 be amended 10 read; I. With respect to musical exhibitions held for a charitable purpose by a registered tbarity or noo-proti1 community organization; a) Council may waìve any T",\uirement of this by.law. b) The Clerk may waive rhe licence fee based on the adrninistmion requirements of the event. c) For a specific annual.veslt which has been licenced under this by.law for 3 (thrœ) consecutive ye..., such or¡:ani2ations may apply to Council fD' en exemption to the requirements of this by-law for all such future event!, wherein it hns been proven that the event does not require licencing to enstJre public health and safety. 82 G7/Q:..~ ) .-,. -, ~:2 ;~= 23:: ,~, '='..)... TOWN OF HALDWP,!;;:; 7 ::,1';, /96 298 By-law # lw.l 13:34 1217/1214/1212 S~ d) The following annual events are eKemp! ftom the licencing requirements of this by. law as past history of the ovent bas proven tlIat licencing is not required tIJ ensurc public nealtb W1d safety: i) Golden Haneshoe City Team Show and Gas Era Heriœge Vilblge held at !be Caledonia Fair Ground.s. ii) Fisherville Lions Fun Day FestivaJ held at tlre Fisherville Pmk, ili) Cayuga Kin9men's S1reet Dam:e held at the pavilion on Ouse SIIeet, READ a first and second time this 3~ day of September, 1996. READ a third time and finally pBSsed this 3~ day of September, 1996. "". ';:;>, , \.,' CLE. ) 07/04/02 13:34 TOWN OF HALDlMAND 7 519 631 2923 NO.018 [ì14 , /C .~ t:J " Till! COllrOllATION OF TIIF. TOWN m' I\AI.\)IIIIANIJ ........... Dr-In.." 1 S2S /99 Seing . Br-I... to .mend Sy-I... No. 1033193 ..hich "'gulalC5 øndprovides for the licen;ine or musìtnl I:xhibitioß5. WHEREAS Scaian 236 of Tho M~nieiDaI Ae¡' R.S,O. 1990, Chapler M.45 author\zc¡ the Council of a municipality 10 p¡,ss by·laws to license and regulatc o<hibilions rar hi" or gain :l.nd for revokini ~ such license; AND WHEREAS By-law No, 1033/93 W1I$ passed in .coor<Û>ncc lIilh $(ction 236 arUle sajd Act: to provide for the licencing of outdoor musi<:.:11 even's: AND WHEREAS By.law No, 1032193 wa.o p..sed ill "cord",,"e with Section 109 ar"'e Municici11 Act to provide for licencing the business of Qrrying on c:<hibhicns for hire or gain AND WHEREAS S""ùan 109 of the Municipal Act has boclI repealed and therefan: By- law J 032/93 is of no etrecl; AND WHEREAS it is n=sa~' to amend By-law No, 1033/9310 delCle ""y n:ren:ncc 10 By-low 1032193, NOW TIŒREFORE the Council of the Carpaonian or the Town of HaJdimond ,,",ets as rollc>ws: That By-law No. 1033/93 be amended b>' deleting the Îallawing setlian "2(0) a busiOCS$liccnse pursuar.t to By-law NQ, 1032/"j" READ a rim and second time this II~ da>' or J""uory, 1999 READ a third time and final I)' passed this 11 ~ day aÎ Janua')', 1999 - ~ 17 ./ - MAYOR " CL.E: ..J [;115 NO.018 2923 TOWN OF HALDIMAND 7 519 631 13:34 07/04/02 . ~o 3.1.5.21. ..--- l l_ ~ " ',,- (S) For the purposes of this Subsection, a temporary structure means a building or structure intended to be erected and used for a period of not more than 11. months. 3.1.6.3. Cleør8nce to Other StNctures (11 Except for terUS used for =pillg and other personal uses and except as provided ill Sen- tences (2), (3) and (4), every tent, air-S1Ippcrled structure and temporary structure shall confonn to Subsection 3.2.3. 121 Tents and air-supported structures shall not be erected closer than 3 m (9 ft 10 ill) to other struc- tures on the same property except ~rovided in Sentences (3) and (4), and shall De dently dis- tant from one another to provide an area to be used as a means of emergency egress. ,- (3l Tents and air.s~rted structures not occupied by the Jubllc ne not be separated from one another, an are permitted to be erected less than 3 m (9 it 10 in) from other structures on the same property where such closer spadng does not create ¡¡ hazard to the public. , (41 Tents not more than 120 m¡ (1290 f(2) ill ground area, located on fair grounds or similar open spaces, need not be separated from one another pro- vided such doser spacmg does not create a hazard to the public. 3.1.&.4. Clearance to FlammaÞle Material. The'ground enclosed by a ~t or air- supPO!ftd structure and for not less than 3 m (9 ft 10 U\) outside of such structure shall be cleared of all flanun¡¡ble material or vegetation that will carry fire. 3.1.6.5. Flame Resistance, Every tent and all tarpaulins and decorative materials used in con- nection with tents and air-suppor!ld structJlres shall col\Íonn to CANIULC S-l09-M, "Standard for Flame Tests of Flame-Resistant Fabrics and Films". 3.1.6.6. Reserved. 3.1.8.7. Design of Framing and Support. The surro;rting framing structure ûnd anchoraçe system or all tents more than 22.5 m1 (2420 ~) II\ gro~nd area shall be designed by a professimu:l eng"''''''. Canopies Having Combustible Elements 11) Exterior canopies having combustible fab- rics or fìlms are permitted on a building requiIed to be of noncombushòle construction provided the fabrics and film.s conform to CANIULC-S109·M, "Standard for Flame Tests of Flame-Resistant Fabrics and Films" . .5.21 .3.1 (21 Exterior marquees, not greater than 7.5 m (24 ft i ill) from ground level to the top of the marquee, having combustible elements other than fab- rics Of films coiûonning to Sentence (1), are permit- ted on a building ret¡uired to be of noncombustibie canstruction, provided every opening in the exposed wall of the building above the marquee is protected with wired glass ill accordance with Sentence 3.1.8.1-1.(2) where these openings are within (a) 4.5 m (14 It 9 in) horizontally of the marquee, and ('0) 9 m (29 It 6 in) vertically ¡¡bove the marquee. Tents, Air.Supported Structures and Temporary Structures (See Appendix A.) 3.1.6. 3.1.6,1. Means of Egress. Tents. air-supported sm.ctur~ and temporary structures shall conform to Sections 3.3 and 3.4. 3.1.6.2. Application 11 1 Reserved. 121 Air-supported structures shall not be used for Groups '8, C or Group F, Division 1 major occupancU!S or for classrooms. 131 Air·supported s/ructJlres shall be designed primarily as open' floor space without interior walls, m=anines, ilIrermediate floors or similar construc- tion. (41 A tent used for camping or personal use and not more than 30 mZ (323 ~) ill ground area is exempt from requiring a building permit and is exempt from compliance with this Code. . Q. Rag. , 58193 J :Jo16 ~...-- ~-.< . - - TOWN OF HALDIMAND ~ 519 531 2923 ::::.;:"8 Gl16 t.!;I:;':"õ·'<';';':; -- . ~ . n04 0 REPORT NO, 6~99-AD ---. TO: Members of the Administration Committee FROM: Janis Lankester, Clerk RE: Licensing of Outdoor Musical Events DATE: January 4, 1999 - PURPOSR To seek direction to repeal By-law No. 1032/93 with respect to outdoor musical entertairunent. . '. mS'rORY. BACKGROUND. CmJNCIL POLICY. PRACTICRS By-law No, 1032193 was passed in order to license the business of staging outdoor musical exhibitions for hire or gain. This by-law provided for an annual license and waS- '.. passed in accordance with Section 109 of the Municipal Act. '! It has come to my attention that Section 109 of the Municipal Act has been repealed, therefore, By-law No. 1032/93 is of no effect. COMPLIANCE WITH STRATEGIC PLAN INITIATIVES Not Applicable. STAFF COMMENTS AND DISCUSSIONS At the time By-law No. 1032/93 was passed, Council also passed By-law No. 1033193 which provides for the licensing of each individual outdoor musical event in accordance with Section 236 of the Municipal Act. Although we can no longer issue an 'annual license for the business of staging musical events, licensing and regulating of events will continue. The repealing of Section 109 requires the amendment of By-law No. 1033193 to delete reference to By-law No, 1032/93, FINANCIAL CONSIDERATIONS -.J The annual license under By-law No. 1032/93 is $200.00. The Town generally issues twO such annual licenses. However, due to non-compliance of the 10"'11'S Zoning By- law, no revenue was derived from this by-law in 1998. -. - "-' - - - - " - TOWN OF 13:34 07/04/02 -,---. ~t 05 " '; Amending By-law I That in accordance with Report No. 6-99·AD of the Clerk, that By-law No. 1033/93 be amended to delete reference to By-law No. 1032/93 due to amendments to the Municipal Act. . Respectfully prepared and submitted December 16, 1998 Manager J Reviewed by.¡ Robert 1. Hejl, Corporate .J 07/04/02 13:34 TOWN OF HALDIMAND ~ 519 631 2923 NO.01B Gl02 . = CORPORATIQJI or TUB TC'íi1I 01' H/'ILl)lI!AJil) &' BY-LAW NO. 1033/93 Bein~ a By-law to regulate Bnd licence ~u.ical exhibition.. -." - '-- IIHBRnS S8ctIon 236 paragraph 6 of The H\1J\icIl>8l..AS.!;.. R.S.O. .... 1990, Chapter H-45 a,.thod.e. the Counci 1 of the Town to paee b¥-lawo to lioence and regulate eMibitiono for h1:e or gain and for revoking any .uch licence; "- AND WIlER81'S the Council of . The corporation of tha Town of Haldimand deema it expadient that muøical exhibitions held outdoors in the Town of Haldimand be licenced and røgulated, and that provision be aade for revoking any auch licence; ARC ~ the main purpo.es of this by-la~ are to make adequate provlsion1 (a) for sufficient numbers of Police Officers and By-law '- Enforcement Officer. to be in plac8 before, during and after ;. a rou.ical exhibition, to eneur8 public øafety, to mo.nito:c the nWllber of attendees, to enBure complisnca with the licence issued harmunder, and to otherwise enaure compliance with all provisions of this by-law and all other by-laws of the Town, and all applicable provincial and Federal law; (b) for no1ee moni~orlng 6ervicÐø; (CI for sanit.ary, la'VB.t.ary, garbage and drinking water facili1::ies; (d) for Buitable caol\ depoBito to cover the costa of the above "- services, and (e) to otherwise ensure that the abo'Vê services are in place. NOW THRREl'OR~ ths Council of the Corp!; ;ation of the Town 0 f Haldimand enacts "B followa, I 1 In this by-law a "JI ueica1 exhibition' mea.ns II .tnUsi.cal: ..ierformanC9 by one or mQ:re persons, or one or more qroups of persona, vocal, instrument.al, or any combination t.hereof, held outdoors (includinq but not limited to any such performance commonly rÐferred. 'to aa a concert or A featival) , and featuring any kind of music, ( including but not limited t.o clasrd.cal, '- popular rock oountry bluegrau muøic for the rap or .J 07/04/02 13:34 TOWN OF HALDIMAND ~ 519 531 2923 . NO.018 [;103 . ~ -law }lo. 1033/93 - paae 2 \¡ entertainmen~ of the persons who attend such perfor.mance, and '"""'" for ~hioh a feB for admission of 8uch peraons iõ charqe4. \..... b) -a muøical perfoJ::mance by one or more -pereonB or one or more ... c¡roupõ of parsonS· within the 4efini tion of -musical exhibit~on. above, ~nclude9 an event where the music con5is~8 in whole or in part of the electronic reproduction of recorded music. c) "muoical ezMbi'tion he14 for a chari'ta.ble pu%POse- means a muaical gxhibi~ion held for, or if itB proceeds are u5ed for any ona or mora of the following purpoaeõ' (i) The relief of poverty; (ii) The advancement of education; (iii) The advancement of religion; ',- (iv) Any purposes beneficial to the community, not falling under any of the foregoing heada, providing such purposes are in the interests of social welfare and are for the public benefit. Such purposes beneficial to the community shall not be 4eemed to include any.- , aotivities which ara of a predOJllinantly commercial nat.uZ'a, cð.;c':ied out principally for the pecuniary s.dvantage of the person carrying on the l1\u.ical exhibition or the pecuniary advantage of ot.her persons in the community. \... [d) ·Person" means a person(s) , C'orporat.1on, partnership, organization or association. (e) "Town. means the Corporation of the Town of Haldiman4. (f) "Council' mean6 the Council of The ¿orporation of the Town of Haldirnand, (9) . Cle:k" meanS ClerK of The co~ration of the Town of Hal4iJ1\and. 2 110 person shall hold or cond.uct. a 111118ioal exhibition upon any lands an4 premises ~i1:hin the Town of RaldiJ1\and. unless s\tch person first obtains. (a a bus~nøa9 lioance pursuant to By-law No. 1032/93; ðJ\d "-. (b a licence hereunder for such exhibition to be held upon such ) lands Bnd premises 07/04/02 13:34 TOWN OF HALDIMAND ~ 519 531 2923 NO.018 Q04 !!J!:-¡- Bo. 1033/93 paao 3 ./ - Ii:) 3. 110 licence shall be ¡.sued under this by-¡aw if the holding or ., - conduct of the proposed musical exhibition would cons'r..i'tute it ~ eon~avention of provision of By-law of the Town of any any HaldUnand, including the zoning By-law of the Town. 4. No paraon shall ~onduct a musical exhibition purauan~ to a licence g.an'r.Ðd þereunde:, if the Bound emitted from such exhibition, either by the mu.ic, by the ampli fica tion equipment used, by any electronically amplified recorded music, by any persons attending the exhibition, or by any ccmÞination of the aboV'e, during the time the exhibition is in progress and within the times specified in the lice~ce granted hereunder, âisturbe ~he peace and quiet of any inhabitanU of the Town of Haldimand who reside ou~side the '-- perLmeter of ~he lands and pram1ses upon which thg said exhibition i. held. S No person .hall pe:r:mit any land. and premises owned or leased by him to be used for or in conjunction with any musical exhibition unless ths perSon holding or conducting such exhibition has first obtained a licence hereunder for such exhibition. 6 An Application for Ii licence under this by-law sha 11 be mads to the Clerk at least 42 days prior to the scheduled date of such musical exhibition, and every applicant shall submLt to the Clerk I the £ol1owinll: a A written gtatamant settinq cut tbe maximum number of persons "- that at anyone time, the application w111 alloW' to attend the musical exhibition; b A written Gt.atement setting out the times during which the musical exhibition will be perfo%n\ed, and ,the times during which persons attending the musical exhibition will be allowed on the land. and premises upon which the musical exhibition i. to be performed. c A S~ð1:Bment .etting out the number of private security persons hired by the applicant, their credentiills in accorelance with the Private Investigators and Security Guards Act and the hours they will be pre.ent during- the time ths ~ people are allowed on the qround8 ; -- 13:34 TOWN OF HALDIMAND 7 519 631 2923 NO.018 Q05 ~\o ~ .. 1033/93 - Paae " (d) A ).ett:er from t;he Polioe Force having jurisdiction over ~he -.... area in which t;he musioal exhibition is to be held, \....... ~confir.minq ~ha~ the applican~ has made arrangemen~s with such polioe Foroe to provide for adequate addi Üonal police Offioers to he on dut.y, to police t;he said musical exhibit:.i.on. both during the performa.nce of the satne and during the ~im8 e that persons are to be allowed on the grounds upon which ~he musical exhibi~ion 'is to Þa pe.for.med and confJ.rmation that the applicant has made satisfactory financial arran9amQn~& with such Pcli~ê Force to cover the cost of such additional police Officers¡ (e) An applicaUon fee of SlOO.OO per dey, for each day upon which t:.ha musical exhibition will be perfor1tled, or for each ~. day that person5 who attend t;he musical exhibition will be all"",ed on the grounds upon which t;he fflusical exhibition is to be perfO:1'l\ed¡ (f) A lay-out plan I acoep~able to the Clerk, of tha lands and premises upon which the exhibition ia G~heduled to be held. showing' i) the a~ea of such lands ~o be uBed for the exhibitions; il) the entry and exit poin~s; Hi) the par~ing &nd internal roadways; iv) the areas upon which any permanent or temporary -' s~ructure is located or is to be lcca~ed; ',,- v) t:he a:rea where the sanitary facilities, lava t.ory facilities, garbage collection facilities and storAge ., and di.posal fac.ilitiee and potable drinking water facilities a%s located or are to be loca~ed; vi) erBa wherè the performancè ia to be staged, vii) area where the Audience will stand or sit; viii} area where camping i6 to tAke place, if camping is to t;ake plaoe in conjunction with the musical exhibition. (Nottling herein .hall be:¡ construed to peøú.t caMp:i.ng upon the lando imd premisss upon which ÙB musical ~ exhibi tion is to be performed, if ca:uping is no~ ) permitted upon ttlose lando in ~he places indicated \. 27/2;':"/[2 .. -, ",:,' ,OWN OF ¡';;:;:"'ù:,::;;,) 7 'ë,,::, G:~ ::,.¿: ,:J.C~S _...J...,.., 0.7..:::::: . ! J!!L ,. 1033/93 - Paae. 5 101 thereon in the .aid lay-out plan by tile TO"'" of -" Haldimand Zoning By-law. Nothing herein shall b" ." construed to dispanø0 with ~ny of the r9quirernen~s of '--' .,. ~he ~own of HaldiMAnd Ca~P9round By-law}. ¡lx) e copy of the Building Permit issued by the Bullding Inspsctor fOr the Town of Haldi....nd, for any 't.ent to be erected in conjunction with the said musical \. exhibition, for IIhich tent a Building permit is required under the Building Code. ( 9) ^ let.'t.sr from the Heldimand-Norfolk Health Department confirming that there adequate sanitary and lavatory " ar" fa.cil.L~ie6, as wall a. garbag" collectiof\, st.orage and disposal facilitiee, as well as adequate supplie. of po"abla - drinking water in place u "he site of the p:coposed , exhibition to Bervice the ~sx1mwm number of pêrsons to attend the same at <lny one time" a. set out in tha s'tat.ement referred to in paragraph 6(a) above. h) In the event that there are not .ufficient sanitary and lavatory facilities "xi.ting at the site, a. well as: ot.her Buch facilities mentioned in Section 6(f) abova, written confi~ation from the Health OepartJtIent that such deficiencies can be met by provision of portable facilities, and ultimiitely confirmation from. 't.hta Health Department that - .uch portable facilitieð ara in place to the satisfaction of _. the Healtn Oepartm"nt. i: Payment of any and all fine a pr"viously incurred by the applicant or the owner of tha landa and pr"mise. upon which the musical exhibition is propoeed to be held, for any contravention under this by-law or any o'ther by-law of tile Town; j A policy of insurance with ån inaurancQ company acceptable ~o the Clerk. Such policy .hall p:cov.i.de for public liability and property damage in en amount:. of at least One ltillion tJollars ($l,DDD,ODD.DO) or such qrsater amount as the Clerk ., ~ may determine and enall name the :town. ftB co-insured such J ~1-_".: r-V _",'~ ,,,"-:/f.''' ':'?~'" r. ,_._~-~-- .-.--.---- ~~ policy shall also cootain provisions which Gave harmleGs and indemnify the Town and itA employeea and agen~G, from any ðnd ;all claims, d.emand6 actionG and suits arising ou.t of 10s6, ~ damage or injury to any person or prope~ty aa ~ result of tne .. otaging of the propo.ed exhibition. (It.J A copy of the buø.lneog licence issued um er By-l.... No. 1032/93. 7. Upon application for such licence, ancl receipt of the iteUls Eet. out in section ¡; a.bove, the Clerk eball proceed to determine the following' (a) The n\lJt\boJ:' of by-law enforcement cf.ficers re~i~ed and ~e hours before, during and after the p~opoÐed musical exhibition that .uch by-law enforcement officers are required to be present to enforce the by-law. of the Town of H41dimand '-.. , during ouch times; (b) The naiss mr;mi torinq aervice8 rBquire~, (if any) and tl\e , ;. per.annel required to operate aarna, and the times when such services sl\all be requirecl in order to ensure compliance with SQct.!on 6 abovG; (c) The amount of Inoney to be depoøited by way of certified cheque to cove.r the cost. of Guc::h noi9a ~onitorin9 services, which the Town will hire for ~he purposes set out in Section 6(b) abava; (d) Tl\s amount of manay to be deposited by way of cercified çheque tQ ensure payment far all damðge caused di~ectly or - . indirec'tly as a result of the propo8ad exhibition to public property, and Co cover the coets of all neceaaa:r:y cleanup of public property upon which or surrounding the area in whicl\ ths exhibition i8 to be held. (e) Wl\ether the hOlding of the proposed exl\ibition upon the land. and prem!see proposed, will comply with the Zoning By-law of the Town. S The Clerk may, in lieu of making any of the determinations .et out in Section 7 above, refer any detsrmina tion to Council ..nd the dete~nation of Council with respect thereto. .hall have the .arna '- effect a. if the .ame wae dete~ned by the Clerk hereunder '-.. ~,- " _.- - ~. "-"-" .-.' - '-., .......' - . . ~j~i -,- :-;,-,--'.:',:-;:\-' -:: ....-:. --- .:.;.;:'--- ~. --- -'....' ~la.. No. 1033/93 - Pace 7 0~ 9. Upon ~ing ~he determination. in Section 7 above the Cle..k shall foxthwith communicate in writing to the applicant, such \..... dete~inatione, whereupon the applicant .h..ll forthwi.th -provide the Cle..x with a certified cheque payable to the Town of HaldLmand to cover the following COOtOI (a) cost of ..11 additional by-law enforcement officers determined by the Clerx to be necessary (b) coat of the noisø monitoring eervices determined by the clerk to be necessary; (C) deposit fo" damages to pubUo property determined by the Clerk to be necessary. , 10 In making the various determination. hereunder, the Cle.rk, (or Council,. if the matter is referred by the Clark to Council), shall ......' have røga..d to the following 1 (a) With respect to the number of by-law enforcement officers required, and the times during which ouch persona are to be present I (i) the natura of the lando and pramise9 to be used far ~he :musica.l exhibition, including the lay-out of the GtUnsi (ii) the natura of the propoBed musical exh.lbition, including the type of muaic to be performed the~eat; (Hi) the history of oimilar types of exhibitions insofar as "- ouch history may be relevant in determining ~he number of by-law enforcement officers which may DØ needed to enforce the Town'e by-laws bøfo.ra, during end after such event. (1) With rsspec,t to the noise monitoring services required, the sarne matters as Bet cut in Section 10 (a ); (c with re.pect to the amount to be deposited to cover the cost of such noiae monito~inq aervicee, an es~i~te frOM the noiae monitoring servicD propo.Dd'by thD Clerk to be hired by thD TOwn for such event I..... -. ,..,.~ '...., ,-~ '-:. -, 7:3;.,::". c:':' :--:;::.~= .~ '-'" U_I ';"'_ ,.i.~:' _'~ :-.- ~ -'- . .. .-' .:._:; ::.--- .;;.';'::'- ,~ ,-." ,,' ~''-'''.:- _,,1.,,_:: 1° v_lAW No. 1033/93 - ~ - , ld W¡th respect to ~he amount to be dêposi~aå to CQvar thê coat - \..... of by-law enfo~ç~n~ offlcerø required the ac~ual cost to .,. the Town for providing such by-law enforcement officers I [e) Wi~h respect to the amount ~o be deposited to cover damage ~o public property and cleanup of public property, the land s to be used for the proposed e.)Ù1.1bition, and its proximity to public property; If) With respect to compliance with the Zoning B~-law, a report f~om a Regional By-law Enforcemen~ Offiesr, or any other By- law Enforcement Officer responsible for enforcing the zoning By-lA". (g) With rBspeo't to any of the aaid deter1t\inations, any other ... matter or thing tha1: the Clerk (or Council ) a s the case may be, aC1:1ng rea8onably, considare relevant in making a reasonable deter.mina~ion with respet;t to the mat.t.erB in question. 11. Council may waive any requirements of this by-law for a musical' exhibition held for a charitable purpose. 12. Bvery pe:r;son who cont.ravene,; any provision of ~hi. By-law i5 guilty of an offence and shall be liable upon conviction thereof to a penalty no~ exceeding the swn of Five Thousand Dollars (~5,OOO.0_O) f01: ea.ch and every offence recoverable under th e "- provincial Offences Act. For the purposes of this section, each day or portion of each day upon which any contravention of this by-law continue6, shall oonst.itute & separa~B offen~~. 13 Should additional police officers a.ctually be - required to police the musical exhibition, and the persons a ttendil1g the same both before, during and af'ter the staging of- the musical exhibition, over And above the nwuÞers o:<iginally anticipa1:ed by the police force having ju.risdiction ovsr the a=eð, the applicant shall be responsible for the coat of any additional police protection and this provisions shall be a condition of any licence granted hereunde. \::'. ) -,.-- ,,-, '.-.-, . - ''''' -- - : ,-.' ._-" -- _._;. ..J-o -. 2923 'ö_ ~, . ."- - :!!.Y:: &.. - - e 9 Î " 14. Without in lUly way limi ting the conduc't. which otherwise . \... constitutes a contravention of any provision of this by-law, the ., following events shall be àeemeà to be contraventions of this by- law by the licensee: (a) Failure to conduct the musical exhibition Ln aeeordanc~ wi~h the layout plan Bubmitted and accepted under Sec~iDn 6(d}, (b) At~8ndanCe 8~ ~e musical exhibition in excess of the maxLmum number of persons allowed by the licence. \. 15. If, in the opinion of the Clerk, the applicant does not meet the requirements of this by-law, the Clerk shall refuse to grant. a licence for the proposeà musical exhibition. 16. Where the Clerk has refused to grant a licence heraw¡der, the \ '-- applicant may appeal the Clerk'g decieion to council by filing a written Notice of Appeal with the Clerk. 17. Where "he appli.cant. has filed ~ Noeice of Appeal "0 Council from the Cle~k'G decision, the Finance Co~ittee of Council shall hear the Appeal &t the next meeting of the Fln&nce committee of Council·· following the filin'1 of the Notice of Appeal, provided there iB at least 5 day. between "he date of "he fHing of the Notice: of Appeal and the nex't. scheduled àa te for & n\ee"ing of r.hQ Finance Commietee of Council. 19. At t.hs hearing, both the applies"" and the Clerk shall be entitled ~ to make oral or written representations to the Finance Committee of counoil with respect: to their respective positions. The ?lnance Comrni~tee of Council shall make a rec01'l\Jl'le.ndation to Council either to dismiss the appeal or to make any decision that the Cler)c could have made On the orig1"&1 application. At the next Council Heeting followin'1 the recommendation of the Finance Committee, Council may di.m1es the app~al, or make any decision that the Clerk could have made on the or~'1inal application, H. Any licence issued under this by-law may be revokeQ if: a} In the opinion of the Clerk, the information upon which the lIcence waa issued is found to be false or misleading, er, b If in the opinion of the Clerk an applicant no longer meets .J ehs requirement. of this by-law 07/04/02 13:34 TOWN OF HRLDíMAND 7 519 631 2923 NO.018 ~11 ~ 1033/93 - paae 10 1v ¡ 20. Where the Clerk hae revoked a licence granted to hold " !DUaieal e.xh.ibi tion., the licgnaee may appeal the clerk'e decision to t:h.. '-- COUDoi.l in, thes4%Ia Jlanne.r 68 an Appeal for røfue.i.nq t:.o grant a licence READ A fIRST SECOND AND THIRD TIHE AND PASSED THIS 26TH DAY OF APRIL, 1JJ93. ---1. C- ~ U::OR - .' ~. . .. - '-- :!! ~ ëï:Biii" " ~ '- ) 2002 CORRESPONDENCE - November 26th Items for I.nformation - (Consent A, the 5th Annua VON Elgin Volunteer Programs, thanking Council for the donation to "Time for Remembering & Giving" Dinner Auction held October 18th. 1 The Honourable Jerry J. Ouellette, Minister of Natural Resources, acknowledging Council's concerns regarding incidents involving nuisance bears and the reintroduction of the spring bear hunt. (ATTACHED) 2 The Honourable Helen Johns, Minister of Agriculture and Food, acknowledging Council's resolution concerning the need for a National Farm Emergency Plan. (ATTACHED) 3. The Honourable Brad Clark, Ontario Ministry of Labour, acknowledging Council's resolution to increase the minimum wage in Ontario. (ATTACHED) 4. Ms. Cynthia St. John, Chief Administrative Officer, Elgin.St. Thomas Health Unit, concerning escalating costs the Health Unit is incurring to administer the mandated dental program "Children in Need ofTreatment". (ATTACHED) 5. The Honourable Chris Stockwell, Minister of the Environment, acknowledging Council's resolution in support of the Federation of Canadian Municipalities' position on a partnership between the Federal and Provincial Governments to improve air quality. (ATTACHED) 6. Johns has failed the Steve Peters, M.P.P., Elgin-Middlesex-London, News Release farmers of this province". (ATTACHED) 7 AMO Member Communication - ALERT: 1) Ontario Regulation 244/02; 2) Added Concern About OMERS Devolution; 3) "Two-HaUer" Bill Moves Forward Despite Close Vote; 4) Premier Proposes to Freeze Electricity Rates. (ATTACHED) 8 to AMO Responds 1) AMOMember Communication - FOR YOUR INFORMATION Introduction of Safe Water Act (ATTACHED) The Honourable Chris Hodgson, Minister of Municipal Affairs and Housing, with information on a website access for regulations recently filed under the Municipal Act and Municipal Act 2001. (ATTACHED) 9. 10. The Honourable Janet Ecker, Minister of Finance, with information updating the status of the Ontario Jobs and Opportunity Bonds, the Ontario Municipal Economic Infrastructure Financing Authority and Tax Incentive Zone initiatives. (ATTACHED) Dr. D.W.Lawrence, VP Medical, St. Thomas-Elgin General Hospital, with copy of correspondence concerning recruitment and retention of physicians in Elgin County and the community's need for involvement in an initiative "Elgin Physician Recruitment Partnership" (ATTACHED) 93 11 12. Honourable Steve Peters, M.P.P., Elgin-Middlesex-London, supporting Council's resolutions to: 1) Honourable David Anderson, Minister of the Environment, regarding Council's resolution concerning air quality; 2) Honourable Norm Sterling, Minister of Transportation, concerning funding for municipalities involved with emergency detours off of Highway 401 and the Ministers failure to meet with Warden Wilson at AMO; 3) Honourable Tony Clement, Minister of Health and Long-Term Care, concerning funding inequities in long-term care for seniors between "for-profit homes and non- profit "; Honourable Tony Clement, Minister of Health and Honourable Brenda Elliott, Minister of Community and Family Children's SeNices, concerning provincial funding for the Elgin-St. Thomas Health Unit's "Children in Need of Treatment" program. (ATTACHED) ROMA/OGRA Combined Conference, February 23-26, 2003, accommodations Conference registration information and Program information. (ATTACHED) 13 Massimo Bergamini, Director of Communications, Federation of Canadian Municipalities, Members' Advisory, "FCM Budget Submission Well Received by House Committee (ATTACHED) 14 15. Steve Peters, M.P.P., Elgin-Middlesex-London, with excerpts from an address made In the Legislature concerning Bill 191 and the emergency detours off of Highway 401 in Elgin County. (ATTACHED) with Jim Price, Manager (Acting), Rodney Ambulance Service Ltd Appointment of Duty Officers 1t! 16 VON Elgin Volunteer Programs Volunteer Visiting - Palliative, Friendly and Dementia Respite Meals on Wheels - Hot & Frozen Meal Volunteer Transportation, Dialysis Transportation Group Dining and Caregiver Support, Education and Training Caregiver Support Workshops Would like to thank ~ to~ &1 ff-"/8'¢'^) for your generous donation to the =,-"-,~,,=,-,,=~,,-,",,'·oo===~-".a~'"=_',,- . I'·' ·.·~.R:.·. ·~Je' i. " II " i' .. .,; ~""". ',:;p, - "" \ ,~ ~{;\j0;S/?;''?0;;i;''''t~' \....'.1.'.' ", \_"i··"'.: ,., Ii '¡Ii Friday, October 18,2002 Doors open and Silent Auction begins at 4:30 P.M., Dinner at 6:30 P.M. Sf. Anne's Centre, 20 Morrison Dr., Sf. Thomas TICKET PRICE IS $25.00 Available by calling the VON Middlesex-Elgin Branch Office at 637-6408 The Victorian Order of Nurses is a United Way Member Agency Queen's Park Toronto ON M7A 1W3 416314-2301 Ministre Ministère des Richesses naturelles Ministe Ministry of Natural Resources ~ --.,,,-~ Ontario MNR 1 OMC-2002-2582 ?1111? 28 (DCT OCT 2 32002 Mrs. Sandra Heffren Deputy Clerk The County of Elgin 450 Sunset Drive St. Thomas ON N5R 5V1 Heffren Mrs Dear the Province of Ontario As you may be aware, incidents involving nuisance bears have occurred in various parts of Ontario for many decades. The frequency of complaints in anyone year across the province could be related to a number of causes, including the availability of berry crops or other natural food sources on which bears rely for their survival. letter regarding nuisance bears In Thank you for your It may interest you to know that on September 6, 2002, I announced that our government would review the nuisance bear issue. I also appointed the membership of the review committee. The committee will examine a number of factors, including the biology, literature and geographic and socio-economic factors relating to perceived nuisance bear problems. The committee will also take into consideration the municipal impacts and compare the effects of bear harvesting from jurisdiction to jurisdiction. Once the review is complete, a decision will be made to determine whether any necessary action should be taken in order to effectively manage Ontario's bear population. I would like to take this opportunity to assure you that any action taken will be made in the best interests of the people of Ontario. writing Thank you again for Sincerely 95 on. Jerry J. Ouellette Minister of Natural Resources ® Ontario Ministère de i'Agriculture et de I' Alimentation Bureau du ministre 77, rue Grenville, 1 P étage Toronto (Ontario) M5S 1 B3 Tél.: 14161326-3074 Téléc.: 14161326-3083 Ministry of Agriculture and Food Office of the Minister 77 Grenville Street, 1 ph Floor Toronto, Ontario M5S 183 Tel: (416) 326-3074 Fax: 14161326-3083 ,no? ~;; OCT 2002 Mrs. Sandra J. Heffren Deputy Clerk County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5Vl OCT 2 Farm Heffren: Thank you for your letter of September 24,2002 about the need for a National Emergency Plan and proposing that the Hay West project be used as a model Mrs Dear I applaud the many donations of hay and the efforts of this Ontario farmer-led initiative to support western farmers. Ontario Ministry of Agriculture and Food staff have provided technical support and information resources when requested by local organizers, and responded to many general public and farmer inquiries on the process for donating hay is appropriate I note that yOur letter is also addressed to the Honourable Lyle Vanclief, which The federal government would take the lead on any national initiative important matter Once again, thank you for sharing your municipalitY's views with me on this ~bq '"ill/DO 96 Invite Ontario Home Invitez 'Ontario chez soi Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2 Bureau principal du ministère: 1 rue Stone ouest, Guelph (Ontario) N1G 4Y2 Sincerely ~M~ 24 OCT Ministère du Travail de 'Ontario Ontario Ministry of labour ~ ,..... Ontario 400, avenue University 146 étage Toronto (Ontario) M7A 1T7 Tél.: (416) 326-7600 Téléc. : (416) 326-1449 400 University Ave. 14th Floor Toronto, Ontario M7 A 1T7 Tel: (416) 326-7600 Fax: (416) 326-1449 Bureau du Ministre Office o/the Minister Z002 Heffren OCT 22 Mrs. Sandra J. Deputy Clerk County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5VI Heffren: Mr. Steve Peters, MPP for Elgin-Middlesex-London, has written on behalf ofthe County of Elgin, regarding Council's resolution, tò increase the minimum wage in Ontario. I welcome the opportunity to respond. Dear Mrs. The primary purpose behind the Employment Standards Act, 2000 is to provide for a minimum level of terms and conditions of employment in Ontario. These minimum standards provide protection for employees and a level playing field from which industry can compete; minimum wage is one of the standards that helps accomplish these goals. A minimum wage also provides a catalyst for job creation in certain sectors in the economy, such as retail and hospitality, where excessive labour costs could discourage employment. For example, the student minimum wage was introduced to facilitate the employment of younger persons, recognizing their competitive disadvantage in the job market relative to older students and other workers who have more work experience. In its absence, employers may have less incentive to hire a younger student with less education, experience and availability than others who are over 18 years of age and not in school. Although we continue to monitor Ontario's minimum wage rates as they compare to other jurisdictions, the government has no plans to change them at this time. Maintaining these rates at their present level is aimed at promoting job growth and competitiveness in Ontario. Thank you for writing. Yours sincerely, ./2 97 Minister Telephone: (519) 631-9900 Toll Free Telephone: 1-800-922-0096 Fax: (519) 633-0468 www.elginhealth.on.ca 99 Edward Street St. Thomas, Ontario N5P 1 V8 elgin St. thomas health unit OCT ?nM ~!) October 22. 2002 C4 1 ( Mr. Steve Peters, M.P.P Provincial Member Constituency Office 542 Talbot Street St. Thomas, ON N5P r Dear I q writing this letter to bring to your attention the escalating costs that the Elgin-St. Thomas Health Unit is incurring to administer the dental program "Children in Need of Treatment" (C.I.N.O.T.). This is a mandated program in accordance with the Mandatory Health Programs and Services Guidelines (1997), under the Health Protection and Promotion Act (Ontario) and is enforced by the Ministry of Health and Long-Term Care, which provides 50% funding. The Elgin-St. Thomas staff organizes the dental screening and dental survey program for children who are up to and including 13 years of age. When a child is identified by the dental hygienist to be in need of dental treatment, a letter is sent notifying parents of the program "Children in Need of Treatment" (C.I.N.O.T.). This financial assistance program is offered to families who are without dental insurance coverage either privately or through Ontario Works and declare that the cost of treatment would create financial hardship for them. I recently brought forward to the Board of Health for Elgin County a recommendation to increase the 2002 CINOT budget by $20,000.00 to cover the additional costs incurred this year. They passed a resolution in acceptance of the recommendation. In light of the dramatic increase for our Health Unit to administer this program and statistics that demonstrate the .cost of Ontario Works is decreasing for Elgin County, I wonder if dropping Ontario Works caseloads is impacting our CINOT budget at the Health Unit. If this is in fact the case, we are only shifting doHarsfrom one body to another, resulting in higher municipal government costs since municipalities fund CINOT 50% and Ontario Works 20%. Further, it would be helpful if the provincial 98 Mr. Steve Peters, M.P.P Provincial Member Page 2 October 22, 2002 government would fund the CINOT program at the Ontario Works level (80%) at the very least. Thank you for your consideration of this matter. Yours truly, Cynthia St. John Chief Administrative Officer /Iv c. Board of Health members, Elgin-St. Thomas Health Unit v'fhe County of Elgin, Mark McDonald The City of St. Thomas, N. Roy Main 99 IiJ Onta~io' ; Mlnfstère de, l'E'1vlronn'ement Miflistry of the Environment 25, ?OQ? OCT minisfre 135, evenue· Sf. Cleir quest 1;2'élago . Toronto ON.M4V 1 P5 T él (416) .314-6790 Téléc (416)314·.6748 Bureau du Office of the Minister 135St. Clair Ave. West 12th .Floor . Tororito.ÖN'M4V 1P5 Tel (416)314-6790. Fax (416)314-6748 File Number78565 Mrs., Sandra Heffren Deputy Clerk County of Elgin 450 Sunset Drive St. Thomas ON N5R 5Vl OCT 222002. Heffren: Thankyoufor your letter of September 24, 2002 contairti¡1g a recommendation byilie County of Elgin Council in support· ofthe.Federation ofCan,adian Municipalities' position ona partnership between the fecleral and provincial g(Jvernmentsto improve air qualiW· DearMrs , TheMinistry oftl1e Environm.ent (MOE)value$.itspartnerships with Ontario municipalitiesto.iirlprove envirollmertt¡tlquality acr(Jss a broadrange·of issues, including .air quality. Ourpartnership initiativesc.0ritinue to b¡:mefit from the regular meetings witl1 the Associati<>.rtof Municipalities of Ontario As..y(Ju may ·also. peaware, themi~istryI?articipates,¡¡long with other. government ministries, in the work of the Greater Toronto Clean Air Co¡,¡ncil: Tl1ank Y(Ju again for sharit1g thisrecorrunendation with me. Yours sincerely, ii, .., Stockwell Chris Minister of the Environment The Honourable Davic\Artdérsot1 Minister of Environment Canada c 00 1 100%'A'eCY,cled qhlorine Free. Made In Canada 0761G(00I0'1 * 01/02 PAGE STEVE PETERS MPP 519-531-9478 STEVE PETERS, 18:54 10/24/2002 ELGIN -MIDDLESEX-LONDON tlL/SERAL www.ontêriofibefsl.com M.P.P. CRITIC FOR AGRICULTURE For Immediate Release October 24, 2002 Peters "Johns has failed the farmers of this province," more or a cleaner environment want do not Queen's Park - Helen Johns and her government jobs and expanded markets for Ontario's farmers That's the message the Agriculture Minister and her Tory government handed farmers after she and her party used their majority to defeat a Liberal opposition resolution in the Legislature today, says Liberal Agriculture Critic MPP Steve Peters. The resolution called for the government to implement the Ontario Liberal 'Clean Air Plan' that would see all gasoline sold in Ontario contain at least five per cent clean-burning ethanol by 2007 and 10 per cent by 2010. The plan would also develop and implement an Ontario biodiesel strategy that includes a mandatory clean, renewable biodiesel content in diesel fuel. they Peters maintains voting down the resoiution is akin to Johns and her government abandoning farmers and the environment. He took her to task during Question Period. "You owe Ontario corn and soybean growers an apology for turning your back on them. I don't even know how you can even continue on as Minister. You owe Ontario families an apology for refusing to protect the air breathe. Why are you against more jobs and expanded markets for our farmers?" The 'Clean Air Plan' had already been endorsed by the Ontario Corn Producers' Association (OCPA) as well as the Ontario Soybean Growers because it will benefit grain markets via increasing the percentage of clean-burning ethanol in all gasoline sold in the province, as well as developing a biodiesel strategy. "Minister, how dare you oppose more jobs and expanded markets for Ontario farmers?" Peters asked. "How could you have stood in your place and vote against this resolution? Ontario's farmers watched you and your government vote against creating jobs for them this morning. They now know exactly where you stand on jobs for our grains and oilseeds producers - you are .against them. You are against clean-burning fuel. You are against a made-in-Ontario solution for our environment. You are against creating competitive markets for our farmers. You are against creating a new industry that we can export to the entire world." Earlier in the week, OePA director Bob Down gave his support to the Liberal Clean AirPlan. "We've been lobbying the government for 15 to 20 years to use more ethanol, not only for the benefit of farmers, but for everyone," he told the Huron Expositor, a newspaper based out of Seaforth. "We don't want to associate with any specific political party, but w\J appreciate and are in support of any group that plans to increase the corn markèt·in Ontario." 2/ 1 Room 331 -Queen's Park - Main Legislative Building - Queen's Park' Toronto' Ontario' M7A lA4 Tel: (416) 325-7250' Fax: (416) 325-7262' E-mail: steve_peters-mpp@ontla.ola.org o 1 10/24/2002 18:54 519-631-9478 STEVE PETERS MPP PAGE 02/02 STEVE PETERS, P.P. ELGIN -MIDDLESEX-LONDON NEWS RELEASE ~ CRITIC FOR AGRICULTURE ",;¡;ill- tlL/SERAL i;,~';""·:" www.ontarinliberal.oom O~M' Downs added Ontario corn growers are producing enough corn to meet the current ethanol demand '''~~¡' and the Clean Air Plan would mean more corn production, "If the market increases, processing plants wìll be on an import basis," he said. "Demand will increase and farmers will have the chance to grow more corn." Peters said Johns had a clear choice between standing up for the farmers she is supposed to represent and "mimicking your anti-Kyoto cabinet colleagues. You have failed the farmers of this province. " -30- For more information contact: Steve Peters MPP at (416) 325-7250 or Suzanne van Bommel at (519) 495- 4525; 102 Room 331 . Queen's Park' Main Legislative Building' Queen's Park' 1Oronto . Ontario' M7 A lA4 Tel: (416) 325-7250· Fax: (416) 325·7262· E-mail: steve_peters-mpp@ontla.ola.org Page 882 CLERK-Elgin Co 1 519 033 7001 ASSOCIATIon OF?-} EST 18/25/82 22:12:44 01 Association of Municipalities of Ontario P 6191 1,·..../(" I"~ 'N. '. 416 971 I FAX NO, 260 04:20 PM OCT-25-02 FR 303llnivcrslty AVlrIC'\'r sulle 1701 TlrMlo, ON M53 1 ë6 Td: (416) 971-9850' r"" (~16) 971-6191 errlð.ll: M'lO@~I(1ìO.mIJnicOO1.com October 25, 2002- Al,ert 02/043 !ft;A~ 1~:Jil'i'Ml ¡fi'l,' :1:i:.1.% t'~I·~~f !~.I ,i(!l~ 1iiIR~""'""I"" " "'''Ii<I~,!JIM, "i"" Ii\<"· ¡'¡¡'.,JI~, ÏJ '~î .~ 1J'4 ~H¡ _. /~ :';<1 ,~'I(:"¡ '<'é~,\ I' ",I," .. '~'~1 ~"... ',,'J,~'~.~~H. ",'~.¡;J'I '<I ì'~, ~\AA\Y¡ Øj~~ Tel tlu¡ Ie Mtcnlion of Heads of Council Imm~!(fI<1 of Right of ONTARIO REGULATION 244102 mpact Municipal Management to Decision on Telecoms ¡;¡nd CRTC Hc!)ulation W8YS. h~sue 1 nto force on January Onll'lrio R()g 244/02 (Fees and Ch¡¡rges) is scheduled to come 2003. Section 10 of Ontario Regul.1tion 244/02 reads as follows: F<lcti,;¡ 10.(1) 1\ rI1ll/1icltwlity ~1i1d a local board dO not 1,f.JVO tho power under Part XII of the Act to impI,se a fee or cI1i1(lJo 01'1 <) person who owns or oporates 1'1 telecommunications busIness carrying on business in Ontario for si'1rvh~c$ or 1Jctlvit/(¡s, c6sts or the IJse of property with respect wires. cables, poles, conduits. equipmont, I1Mc.hino/y or olh(lr w(Jrks which, n) ore or wiíl be located on a municipal highway; and b) are or wili ()(J used iJS part of tho teiecornmunioatlons business. O.Reg. 244/02, s. 10(1). (2) Nolllini] undÐr SLlbsoction (1) prevents the imposition of fees or oharges to recover the reasonable costs ofllw munh:l,lJélllty orlocol bOf¡rd forlswing permits with raspoct to the works described in subsection (1), ¡¡) to pIn co the works ()I a municipiJl highway; and b) to (:lIt tho pi1vcmont of or otherwise dig up a mun 10(2) 2(1) of O.Reg 244/02, s. (3) Por IIw purpose ofthis Regulation, "toleoommunications" hi¡S the sarna meaning as In subsection tho telowmnll.ln/e¡¡lions Act (Canad¡¡) OReg. 244/02, 5.10(3). tho works. ielpal highway for The r:oderation of Canadian Municipalitics (FCM) and major Canadian municipalities have been lock(¡('I in two yams clf litigation with tho Telecom Industry. Municipalities across the country have won the riqht to nppcal an ear'lier CRTC decision that denies municipalities the right to charge licencc feos for the use of thoir rights of way by telecommunication companies and unduly limits rnuni()ipa!itics' ability to manage U1cir rights of way. The main issue in this appeal is the question of whether <1 fedøral agency like theCrnC can purpoli to exercise aimost absolute con\ml over the IS" (,f municipal proporty by the Telecom Industry. FCM's come goes to the appoÐls court In Ottawa, October 29,2003. Even if they win the appeal find succof,sfully def¡)nd municipal and provincial jurisdiction over municipal property from threatened fedNnl incursions, this Regulation will nullify any positive outcome in Ontario. This Regulation also throatens oxistinf municipal ngreements with Tclecom Companies and will severely limit the ability (]f rnunidpali1ios to ncgotiate future agreements in order to effectively manage their road ullowol1cos. Actlc>n: Your council is mged to write to the Minister of Municipal Affairs and Housing, the Honourable Chris Hodgson, supporting a review of this element of the Regulation. AMO has requ0slmJ (\ meeting with the Minister and your support is extremely important. We also reques that you discuss lhis mailer witll your local M.P.P.'s. 03 ~j}l!lnleof1~f9J.n· "IO¡¡$iO contact: Councillor How~ra Moscoe, Choir of the National1"elocom Committee of the FCM at 416-382-1\027; or Pot V~nini, AMO Exeoulive Director at 416-971-9856 eÜ 316. bÐsed MUNICOM network at i.~ (Jveil,¡lJlo (/¡((Jugl) AMO 's ÐlJb.'ieríp/io/1 F<\r IY'lor/) inform~ti() J'hi$ in(omIMiI,'1 Page BB3 CLERH-Elgin Co 1 519 [,33 7[,[,1 ASSOCIATIon OF?-) EST 13:-12 1B/251E12 22 02 Association of Municipalities of Ontario P 6191 1"·/0 1:(,'1 ~" 416 971 / FAX NO. 260 PM 04:2 OCT-25-02 FR 393 U"iversiIYAv.'IL'~, Suite 1701 T()(onto. ON M5G 1~6 ~::~~ ~,'ttfl:,1j.vlì ~l\~~;j ~I~\ <I!¡.'\;"'\\');" ,'p ~~tJw.;t1,;~1 \J.V.t1¡~1.I\f !;W liii,,\ I'· ~rr...ì 1 (416) 971-0056' r~>;: (416) 971-0191 cnmll: .QlY'lO@.1I11O, n1lJn¡COln.l~om 02/044 Tet ~¡¡¡""" j(¡"¡I~ TO nm IMMED/A TE A TrENT ION OF THE CtERK AND COUNCIL October 25, 2002-Alert ADDED CONCERN ABOUT OMERS DEVOLUTION Opposition aro pushing for the OMERS (Jroups, including some unions and the Offici a plan to be devolved by January 1, 2003 SovClffil prmsic¡n IS$lIo: l:3ackr¡roul1l:l On Ootober 3, 2002, the Leader of the Opposition, Dalton McGuinty, wrote OMERS to o\lUinù his support ror the pension plan being devolved at the beginning of next year based on a govemmnce mOdEJI that involves loc~Jily negotiated supplementary plans (at least for fire and police) accompanied by an ¡¡rbitrated dispute resolution process. AMO has written Mr. McGuinty expressing a number of concorns, in(:luding disappointment 'thât there was no discussion with AMO in advance of this Lib(¡ral policy position, AMO has been calling for the appropriate due diligence on the arrordability to taxp,IY(lrs of any devoiu~ioTl model both in the shorl-tCJrm and the longer-term, and our concerns have no! been allayed. WI} hope th,1I inform¡¡tion has be on made available to the Liberals to dernonstrale that 111!~re will nol: be (J cost impact or added exposuro for taxpayers, The A,)sociotion h¡~s similarly wrilten Minister Chris Hodgson, sharing with him our concerns about the LiIJNnl posilion, and reilemting Lhe appropriateness of remaining with the status quo -- particularly in the so challenging tinH¡S, ^~]aln, we have said the government must do its due diligence in looking at any option to reconstruct the governance model. We have also advised the Minister, that in addition to the taXP¡·~yor impact and arrordabililY of added costs to the plan, tllere are other matters that have not been dlsclIs6fJd wilh slskeholders, such as portability, complexity in funding with smaller pools of employees wilh SlIppIMleilt¡.¡lpkms anel who would negotiate, among other matters. The Association supports tho status quo governanco structure with a few minor modlfioations. At a mooting tllis wøol<, tl10 Eastern/Western Wardens and Regional Chairs or Ontario unanimously passed a resolution lIlall\Upported this position. There are other OMERS Employer stakeholders who do not believo Iha 0 devolution should move forwarcl and tlley too have been speaking out. [)fNolvinfj 1110 plfJn will result in a ratcheting up of pension benefits for all employee groups and more adrnlnislrativf) confusion and costs for the OMERS plan, Taxpayers will be left paying the bill. In these dlallotì~lill(] timos, il is not appropriale to move forward with any fundamental governance and autonomy changos tn lho plan. l.ast year, OMEHS had billions of dollars of surplus, and next year contributions will be phasod III again. It would not be wise to make the plan's future even more uncertain. AMO is concerned that tho $34 billion pension plan, which impacts hundreds of lhousands of members, may be Ilasfily dovolvoel and changed without proper due diligence or the consenslls of OMERS ornployo!'s/taxpayers, Due diligence is especially important because no similar large, multi-employer, rnulli'lInion and rnulfi-sector pension pian has been successfully devolved n Canad¡t In other jlJrisdiGliolw, years (If n0( otiations f. re still on¡¡'oing, ÄQUO AMO Ie to work to ensure that the taxpayer interests are seriously considered and the ('¡Latu~ ql O (i.o.. ) cummt OMERS governance structure) is relaìned, We believe that over t~\e next wCIJI< or so, th0 (Jovørnl11ont wiil be making a decision. Municipalities can assist the Association by contar.lingtl1fJir local Mf"Ps to voicn their concerns abollt OMERS being devolved. wili contin 04 7'11ís 1II1",·m<;livnl.~ [wrtilMJla (hrC!/Joh AMOi; subscription ba.~ed MUNICOM network at !YlYwJ1!lt.niCQlM.fQf1!. F,~r mor" iflr(Jlm¡Jt ¡~t1, please contaGI: Jeff Fisher, AMO Sel1ior Pelicy Adviser at 416-971-9856 ex!. 315. Page BB2 CLERH-Elgìn Co 1 519 633 7661 ASSOCIATION OF?-> EST lB/3B/B2 23:B8:24 p, 01/02 Association of Munioipallties of Ontario 6191 t:r 416 97 I FAX NO, 260 5 PM OCT-30-02 WED 05 393 UnlvGrsity Ava,"c, Suite 1701 raol1io, ON M5G 1E6 Td: (416) 971-9856-1",< (416)971-6'191 êm;¡il: wno@pm:;),munlcorn,com ert g ~~; October 30, 2002 - Alert 02/045 attention of the Clerk and Council ¡mf/lfUJI;¡f(~ tlla Tn "TWO-HATTER" BILL MOVES FORWARD DESPITE CLOSE VOTE Issu~: Bill 30, which, if passed. wíll protect those full-time firefighters who also serve in volunteer fire dopmlrnents in thair oommunities (two-hatters), is now ready for Third Reading debate despite an unuSl.I¡¡! mid clOnE) voto in the l.egislature. Back9round In an oxtraordinmy procedural move, some Opposition members attempted to derail Waterloo- Wellinoton MPP T¡¡¡d Arnott's Bill 30, the Volunteer Firefighters Employment Protection Act, 2002, On Oc:\I)ber 23"1, when the Legislature was voting to receive the amended Bill from the Standing Cornrnittee on .JLJstico and Social Policy, sqrne MPPs from the Opposition called for a recorded vote and thon voter! ag<Ãinst tl1e legislation being received by the House. Mr. Arnott's Bill won another (;10$0 vote 41 to 38, so it can now be debated at Third Heading. Many Opposition MPPs from rural armiS wi:Jre not present for the vote, rural This follows ¡mother closo Second Reading vote on June 6lÞ, 2002 (see Alerts 02/033, 02/030, 02/028) wh0rc Bill 30 was passed by a vote of 32 to 28 that appeared to be split on urban and lines willi sorn~) Liberr:lls supporting the Bill. AMO ::1ppoarod before the Standing Committee on Justice and Social Policy on October 15, 2002 to support 1I1e Legisl¡¡tion bec~JUse dozens of two-hatters have already resigned their volunteer positions dun to pms~,ure from local unions, The problem will now only grow worse as the Ontario Profcf>sionai Fim FilJhters Association lifted its moratorium earlier this month on "two hatters" being charged. their AMO supports the right of firefig~lters to assist their own local communities by serving with volunteer fire dopartrnents, Similar protections are available to other workers in Ontario. If Bill 30 is not passed,· there could be éJ significant cost impact on municipalities across the ¡'rovince as many may be expec:ted to replace two-hatters with fulltim6 firefighters. Public: safety may aiso bo compromised éJS many well trained and experienc:ed firefighters leave their community volunteer fire dep¡¡rtmer\ts. This Is why the Ontario Fire Marshal, Bernard Moyle, supported legislative ¡¡ctìon to protect firefighters by stating to the Standing Committee",.. there is a provincial ¡md publin interest in protecting two-hatters who wish to serve as volunteer firefighters, We do not bclinve tMt a non-legislated solution is ac:hievable or enforceable". Adi¡)I1: AMO will continue to suþport 9111 30 and update its members on the progress of the logi:;laUI1I1, but ttm Assoc:iation urçlos all municipalities to contact and write their MPPs to enc:ourage Il10rn to support the immediate passage of the Bill. Thi.s in{iJrmatioll is avuilab/e through AMO's subscription based MUNlCOM network at www.mÆ'LcOm,J1QQ1, For more ìnform:.tlon, ple¡¡sø contact: Joff Fisher. Senior Policy Advisor at 416 971-9856 ex!. 31~i Dr emai/: )·¡¡'\I,,,,'¡;'iJIY¡O,¡nul'llcDm.com 1 0.... ~ ~ Page 882 CLERK-Elgin Co 1 519 £.33 7£.£.1 ASSOCIATION OF?-> EST 11/11/82 23:1£.:83 p, 01 Association of Municipalities of Ontario 6191 1....,/(' I"" .¡./ ' 416 97 / FAX NO, 260 1-02 MON 07:45 PM NOV- 303 univ.",ily AV"'I/O, Sulle 1'101 TO'onlo, ON M5G 1E6 ". i~'"' 'i\l~UI' ~ ';, ~,~ b.,¡¡ ., ,.~..., <:'.J.¡i' .~""¡I"~' ·M ,.' ..,.¡¡'"~) f¡ #'J¡,~~¡¡iJd ,œJh:¡W~1:;::I' ¡I~' " ..' ~~¡ ~1IiIII''''''''0\''1'''1 /~I ~ I~\ ',I.' ',:" A/" . " IIq_~\' ~, ~< I.h "'.. ¡".~. j¡' '.Jl;, ~~~I Tel: (416) 911-GS5G· fax: (410) 971·0191 err1ð\l: ;'fno~~mo.rnuníconlCtJm November 11, 2002 - Alert 02/047 t ¡e Immodìale attention of the Clerk and Council Premier Proposes to freeze Electricity Rates '('0 electricity, and the price of freeze would The Province will introduce legislation that the cost of olectricity distribution. IsslIC EI.u:kgl"oUl1d Tod¡.W. Ontario Premier Ernie Eves announced the Government's Intention to introduce legislation to protect consumers from steep Increases in electricity rates that have occurred ,,¡ncn the olectricity market was opened. T'hesc measures could have a significant impact on Ih( financi<l viability of municipal local distribution companies. particular interost to municipalities, the legislation would: · freezo the price of don1Gstically-generated electricity to 4.3 cents, which brings it back to the price bofore market opening. This price would be retroactive to the date of market opening. May 1, ?002 and consumer would be refunded the difference; freeze the distribution rate!; at the current level charged by Hydro One and municipally- owne(1local distribution companies (LOGs); allow nlunicipal councils to reconsider their decision to create commerclally..oriented LDGs, with the option to transform them into not-far-profit corporations; and no C:Ust011l8rS would have th8ir electricity cut off for failure of payment until March 31 2003. · · Of there is a · TbEJHC meas\~res would be in enact until at least 2006, and would stay in place unti sufficient electricity supply to meet Ontario's long-term needs Ttle Ministry of Energy has committed to meeting with AMO this week to explain how actions will impact the financi¡¡1 position of municipally-owned local distribution cornp8l1ies, AMO will be seeking answers 10 a number of questions raised by today's annoul1œrncnL 8pccíficaUy, Given that rates cannot be increased, will LOCs have to absorb aU transition costs (costs incurred Lo conform to Ontario Energy Board or government requirements) that have not yet been recovered through rates? Who will Govor the cost of customer default given the protection from power disconnoction until March 31, 2003? How will tM premium cost of imported electricity be treated under these measures? Will elcctdcity retailers ¡¡nd LDCs be offered the same prote<..iion from absorbing costs that cannot be recovered? Ac1Ïm theao . to members implications of the proposed measures thc AMO will provide further analysis on once legisiatíon is tabled. '1111$ information I" riVililable through AMO s subscription based MUNICOM network at ww,,'1'.,O:w.n/cQLn.r,sc[t For m,ora informati.)I'1, ptoase contact: Pal Vanlní, Executive Director at 416-971·9856 ex!. 316 106 Page BBl In assoc¡a~on with C'1\rfs! Cameron McKenna The [;ounty of Elgin, 1 519 633 7661 51%337661-) 11/11/B2 18:24:15 'Power Budd " November 11, 2002 ~¡¡¡;¡¡"~~1W ~~~~~~ .¡¡õ¡¡¡mJlII'<!1QI¡¡!j'1ÆI':U UP ENERGY UPDATE U!'I':\~¡ w IN ONTARIO Today, Premier Eves announced a dramatic Action Plan to alter the Ontario electricity market, in response to rising customer bills "ABOUT FACE" MARKET The old Ontario Hydro debt will continue to be repaid, accelerated once new and supply · stream. The Ontario Government will ask the federal government to stop charging the GST on electricity bills. A government plan for stable, long- tenn electricity supply will be released by the government in the next few days. In addition, the government will announce changes to the Ontario Power Generation Inc. Board of Directors, and conduct an independent investigation into delays in restoring the Pickering Generating station to full operation. Incentives on IS The price that residential and small business consumers pay for power will be lowered to 4.3 cents per kWh, effective December I, 2002. This applies to both system customers and those on fixed · · · contracts. The difference between the 4.3¢ price of power and what consumers have paid since May I, 2002 will be refunded to consumers. · Until March 31, 2003, nobody will have their power disconnected for failure to pay their hydro bill. Delivery charges will be capped at current levels. · clean energy and alternative fuels (including tax incentives and tax holidays) will be introduced. for conservation, · An independent review of how the non-energy charges on electricity bills are calculated will be ordered to ensure their "reliability' · · The details about new power supply incentives will be released on Tuesday and alternative fuels in the next few days. The Ontario Government's Action Plan will be introduced as legislation next week. For more information, please contact Richard King (416)642-6222, e-mail: rking@powerbudd.com or Peter Budd (416)640-4257; e-mail: pbudd@powerbudd.com.This publication does not amount to legal advice. Suite 7210, Box 148, I First Canadian Place, Toronto, Ontario M5X I C7 Tel. (416) 640-4100 Fax (416) 640-2777 www.powerbudd.com 07 1 416-B63-2101 News Release! Communiqué de presse Please Call The County of Elgin In Case of Transmission Difficulties Please Dèliver To Nj ~ Ont.tlrlo Cabinet du Premier ministre Office oftM Premier For Immediate Release November 11, 2002 EVES TAKES ACTION TO LOWER HYDRO BILLS MISSISSAUGA - Ernie Eves, Ontario's Premier, took action today to lower hydro bills for consumers and businesses across the province. His plan would, if passed by the Legislature, lower and freeze the price consumers pay for power and retroactively refund consumers for price increases. "It is unacceptable that families are being hit with hydro bills they can't afford, and businesses are facing cost increases significantly larger than they can handle," said Eves. "The problem requires immediate action and we are taking it. From now on, the only time your electricity bill will go up is ~hen you use more power." If passed by the hydro bills to lower The government will introduce an action plan Legislature, the action plan would Lower the price residential and small bUSiness consumers pay for power to 4.3 cents per kilowatt hour, effective December 1, 2002, and freeze it there. Consumers on fixed contracts for more than 4.3¢ would now pay only 4.3¢ · Refund every penny of the difference between the 4.3¢ price of power and what consumers actually paid, retroactive to May 1, 2002, when things changed. The first instalment of the refund would be sent out as soon as possible - in most cases before the end of this year. Local distribution companies would credit the remainder on consumers' bills as soon as they are able. 'until March 31 of next year, no one would have their power disconnected for failure to pay their hydro bill. · and levels Order an independent review of how other charges on electricity bills are calculated to ensure they are reasonable, including the fixed monthly charge create a standard province-wide electricity bill that is easy to read and understand. Cap the price consumers pay f'Or delivery. at current · · /2 Continue to repay the multi-billion dollar debt created by mismanagement and inefficiency at the old Ontario Hydro under previous governments, and plan to accelerate payments as soon as new supply is on stream 08 1 · -2- its outrageous practice of charging the Demand the federal government stop GST on electricity bills. · Ensure lower bills for those who conserve ~ from now on, the only time consumers' hydro bills would increase is when they use more power. · Include a plan for stable, long-term electricity supply at reasonable prices. Within days, the government will announce changes to the board of Ontario Power Generation and further details of an independent investigation into delays in restoring Pickering Generating Station to full operation. · Include incentives for conservation, clean energy and alternative fuels including tax incentives and tax holidays. Scarborough East MPP Steve Gilchrist will be appointed as Commissioner of Alternative Energy, with a mandate to spearhead the introduction of alternative sources of power. · is said it " "I expect all MPPs to do the right thing a~d give our plan speedy approval when presented to them, so we can help families and businesses as soon as possible, Eves. "We will continue to work towards a long-term solution that keeps prices reasonable, and ensures a stable supply of electricity in Ontario." The immediate measures of this plan would be in place at least until 2006 and would remain until there is a sufficient electricity supply, ::It reasonable prices, to meet Ontario's long-term needs. On Tuesday, Energy Minister John Baird will announce further details of the government's action plan for new electricity supply. On Wednesday, Baird and Gilchrist will announce initiatives to encourage conservation, clean electricity and alternative energy. "While we are acting to protect consumers, we also need to do whatever it takes to encourage investment in new, cle::ln generation," said Baird. "There are a number of wind and gas generation projects being developed throughout the province, but more must be done to ensure we have the generating capacity we need." For more information: Premier's Media Office 416..325-7600 30 Disponible en français ov,on.cël 09 www. 1 more information visit For If passed ACTION PLAN TO lOWER YOUR HYDRO BilL The Ernie Eves government will introduce an aç:tion plan to lower your hydro bi by the Legislature, the action plan would mean the following: PRICE OF POWER LOWERED TO 4.3¢ AND FROZEN THERE to a constant 4.3¢ per kilowatt hour, would be lowered power 1 The price consumers pay for effective December 1, 2002. This is based on where the price of power was frozen from 1995 to 2001. It's significantly lower than the average prices of 6.2¢ in July, 6.9¢ in August and 8.3¢ in September. Consumers on fixed contracts for more than 4.3¢ would now pay only 4.3¢. The 4.3¢ per kilowatt hour price of power would apply to residential and small business customers. Large commercial and industrial consumers could choose between their current arrangements and a fixed 4.3¢pfi!f kilowatt hour price of power. Their electricity costs, unlike those of individuals, are tax ì:leductible. The Minister of Energy will sit down with large commercial and industrial users to identify ways to enhance competition. 4.3¢ PRICE RETROACTIVE, WITH THE DIFFERENCE REFUNDeD The 4.3¢ price of power would be retroactive to May 1. Consumers would be refunded every penny of the difference between what they paid since May, and what they would have paid at a frozen price of 4.3¢ per kilowatt hour. 2. A first instalment of the refund would be sent to you as soon as possible, in most cases before the end of this year. The remainder would be credited to you through your bill as soon as your local hydro company is able. no one would have power disconnected for failure to pay a March 31 Meanwhile, unti hydro bill. CONSUMERS BeNEFIT FROM CAP ON PRICE OF DELIVERY 3. 1 The price consumers pay for delivery would be capped at current levels. The price of delivery would be reduced if municipal councils stopped running their loca hydro companies on a for-profit basis. Unless a municipality decides otherwise by counci resolution, its local hydro company would become non-profit 1 o 1 REVIEW OF OTHER CONSUMER CHARGES AND AN EASY-TO-READ NEW BILL 4. Within 10 days, we will order an independent review of how other charges on your electricity bill are calculated to ensure they are reasonable. The review will include charges imposed by the Independent Market Operator and the fixed monthly customer charge imposed by your local electricity company. Many people have asked, "why should I pay a monthly charge just for being a customer?" We've asked the same question. For example, why do fixed monthly charges for residential customers range from $5.00 to $25.00? That's why we'll order a review. that In conjunction with the review we would create a standard province-wide electricity bi all of us can read and understand Just like we did with school report cards. DEBT REPAYMENT PLAN CONTINUES Everybody agreed that the old Ontario Hydro needed reform. Through inefficiency and mismanagement under previous governl\lents, Ontario Hydro amassed a mind-boggling debt of 38 billion dollars. .~ 5. Who is responsible for that debt? Obviously, responsibility lies with successive governments and management teams who operated Ontario Hydro in the red. But we, too, bear some responsibility to fix the problem. After all, every one of us who has flipped on a light switch, watched TV or used a toaster in past decades was using electricity paid for by credit card. But We took action to restructure the old Ontario Hydro so this would never happen again the billions on Ontario Hydro's old credit card bill still need to be paid off. term we hope to accelerate Not only do we have a debt repayment plan, but in the medium repayments, as soon as new supply is on stream "STOP THE GST ON ELECTRICITY" It is outrageous for the federal government to slap the GST on your electricity bi Electricity is a necessity of life, just like groceries, which aren't taxed. 6. shouldn't We don't charge provincial sales tax on electricity. The federal government either. Ottawa must remove the GST from your hydro bill. LOWER BILLS FOR THOSE WHO CONSERVE As an incentive to conserve, one of the principles we are leaving in place is that the less electricity you use, the less you pay. 7. People can The average household is using more electricity this year than last year. reduce their costs ~ and help the environment - by using less power. 2 1 1 1 The less electricity you use, the less you should pay. That's how we believe the system should work, and we think most people in Ontario would agree with us ncentives to conserve are included in part nine of this plan (below). Other NEW ELECTRICITY SUPPLY Many steps in this plan are immediate measures designed to address factors that have contributed to higher prices for consumers 8. However, our sight remains fixed on the long-term goal of ensuring that Ontario has a sufficient supply of electricity, at reasonable prices, to meet future needs. That's why we have a long-term plan to stimulate new electricity supply. Our plan also includes making sure that the publicly owned Ontario Power Generation company, which provides three.quarters of the electricity in this province, supports consumers in all its actions. Within days we will announce changes to;the board of Ontario Power Generation and an independent investigation into delays in rèstoring Pickering Generating Station to full operation. be announced on to encourage new electricity supply wi measures Further details of Tuesday. INCENTIVES FOR CONSERVATION, CLEAN ENERGY AND ALTERNATIVE FUELS 9. Our long-term plan would include measures, including tax incentives and tax holidays, to promote conservation, encourage alternative fuels and support clean electricity production. It would also include measures to help households reduce their electricity consumption Scarborough East MPP Steve Gilchrist is being appointed as Commissioner of Alternative Energy, with a mandate to spearhead the introduction of cost-efficient alternative sources of power. be Further details of incentives for conservation, clean energy and alternative fuels wi announced on Wednesday. 3 HOW LONG WOULD THE PLAN CONTINUE? The immediate measures of our action plan to lower your hydro bill would be in place unti at least 2006. They would continue until there us a sufficient electricity supply, at reasonable prices, to meet Ontario's long-term needs. 1 2 1 Page BB3 CLERK-Elgin Co 1 519 633 7661 ASSOCIATIon OF?-) EST 1B/3B/B2 23:B9:19 ~'ì~ ~~kif,¡ For Your t)nfc)rrnat 02/02 Associallon 0 M unlcipalíticrs of 0 n Iorio P, 6191 .&.It!t- 416 971 FAX NO, 260 6 PM OCT-30-02 WED 05 3!!3 unlvorsity AvonUG, Suila 1;01 Toronlo, ON M5G' 1 Eß OJ !)7I·lIa~ij I f,u' (1110\ 91H.ìHI' amail; o 1't'I nrfh am ° ,1'\'\un!com ,CM(1 (' TO on . I 02/027 October 30, 2002 - FY Act Introduction of Safe Water Counci and of the Clør!( atlentìol' the To AMO Responds to to to ntroduccd yesterday. a late allcrnoon briefing on the legislation and will take the appropriatE! time e¡¡islntive framework and its implications. Additional information will be forwarded ¡;¡s our review pro[)resses Act W¡:¡ter Drinking Safa Elack~¡round AMO attended umlerr¡l<1nd the member:.! sSau __~~(I'~~iWO.¡aoI~~tIIII U~ 11:.' N()IA!S HD/CØ!õ(l. Toran!''', Ollt., Octabc'r 29, 2002 - Municipal governments h¡:¡vo been anxious about this piece of legislalion and 110W the governmenl's policy proposals, as posted on the EBR for 30-day comment, have becn Incorporated into the ler¡islalion. As the owners/operators of many water systoms in Ontario, tllr¡ legislalionis expccted to have significant implications for municipalities across the water dolivory reu1me . imp;:¡cling tt1e cost to deliver water, oversight accountability and liabiiíty. Having clear rulos niìd an effeclivo regulatory regime that contributes to public confidence in their water is AMO's [JODI. We will WQrk with tile Province to get the rules right and to ensure that there are not unintended impacls liko lhose we hRve seon as a rosult of Regulation 459/00, among otller matters," said AMO Pmsidcnl Kon Eloshcoff. AMO f!Os mpoatedly asked the Province to review Regulation .459/00 to allow waler treatment and ,'f)onilorlng val'iances - to sool< relief from the frequency of testing where tJ1e testing evidence indicates that thoro are no <1dverse results. We understand that this review is being planned, and we are looking forward to proposals from the government as soon as possible. "This legislation, ¡¡long with tho full cost recovery legislation (Bill 175) and the regulations under the Nutrient M¡'IIl<1gernEint Act will heM) a tremendous impact and we need the government to commit to helpin[J us elm]! willi tllÐ financial outfall from the changes in the regula lory regime that affects water delivBry to our cOl'nrnuni!ies and citizens," said Boshcoff. "We know that Commissioner O'Connor's cost analysis did not include tM testing regime or the capital improvements to treatment and distribution systems - costs lfmt are ostirnatEJd in (he billions. Again we call on the ProvinCf; to share its ido:JS for a firwncing strategy for the water and sewer infrastructure derlcit," AMO is most anxious ~]bQIJt how the proposals for the transfer of the operation or ownership of private waler systems to a municipality have been reflected in the legislation. Boshcoff said, "There are tflOlI!$¡mds of private water systems and WÐ will be 1001<in9 very carefully at how the legislation deals wilh thi" Issue, TI'I¡, legislalion must cleMly protect municipal governments from the financial exposure and lir\bllityrisk wilen it comes to private water systems." AMO will bo sltling down with tho government to get a belter understanding of tho Bill as introduced oday and i$ prep~!fod to work with the Minister to ensure the legislation works effectively and wllhou mdlw a<ldod cos\' to taxp¡:¡yers. 329 TI¡!s Information is av(,ifal¡f<) t!¡fOUgfl AMO's sub,9críptíon basod MUNICOM nolwork at J!i'1'_\¥.I11UI)]gg!LL.f9.I.l!. For ¡¡¡,om InformMlon, plea." contact: Nicola Crawl1all, AMO Senior Policy Advisor at 416-971-9856 ext 3 1 ~ ~~~ Ontario 416-863-2101 Pl"ase Call The County of Elgin Minisrere des Affaires municipales et du Logomont In Case of Transmission Difficulties Please Deliver To Ministry of Municipal Affairs and HouGing Bureau du ministre 777 rue Bay Toronto ON M5G 2E5 T61: (416) 585-7000 www.mah.gov.on..ca Office of 1he Minister n7 Bay Street Toronto ON M5G 21:5 Tel, (416) 585-7000 www.mah.gov.on.ca 2002 October 31 Dear Head of Counci Last year we passed the Municipal Act. 2001, the first comprehensive overhaul of Ontario's municipal legislation in 150 years. Together, I believe we have accomplished a modern, streamlined act that is the cornerstone of a new, stronger provincial- municipal relationship, The act and accompanying regulations were developed in consultation with representatives of the municipal and business communities through several advisory committees. have recently filed under the I am writing to inform you about a number of regulations M_uoj~iQaL8ct, and Muni Act. 2J10J, including: effective municipal licensing, effective January user fees, effective January 1, 2003 leasing, effective September 20, 2002 eligible investments (commercial paper and asset backed securities) September 20, 2002 bank loans, effective January 1, 2003 construction financing, effective January 2003 1 · · · · · · 2003 Fact sheets on these regulations can be found at www.mah_v.on.ca. The ministry and our advisory committees continue to work on additional regulations, and I will keep you informed as they are filed. 1 I know many of you were able to take part in education and training sessions already offered. These will continue throughout the fall, and you will be notified of dates and locations once they have been finalized. In the meantime, if you have questions about these regulations, or about the Municipal Act. 2001, please contact your local Municipal Services Office of the Ministry of Municipal Affairs and Housing Sincerely, d Hon. Chris Hodgso Minister 4 1 1 Municipalities of Ontario Municipal Tax Collectors of Ontario Clerk/CAO Association of Association of c: Ministère des Finances Bureau du ministre Ministry of Finance Office of the Minister r 7e étage, Édifice Frost sud 7, Queen's Park Crescent Toronto ON M7A 1Y7 Telephone : 416 325-0400 Telecopleur: 416325-0374 7th Floor, Frost Building South 7 Queen's Park Crescent Toronto ON M7A 1Y7 Telephone: 416 325-0400 Facsimile: 416325-0374 OCT 3 0 2002 ?OO? [) NOV Heads of Counci I am writing to infonn you of the status of the Ontario Jobs and Opportunity Bonds (Opportunity Bonds), the Ontario Municipal Economic Infrastructure Financing Authority (OMEIFA) and Tax Incentive Zone initiatives. To: Municipal Further to the commitments made in the 2002 Ontario Budget and the Premier's speech to AMO in August, 2002, I am pleased to tell you that the enabling legislation for these initiatives was included in the Keeping the Promise for a Strong Economy Act (Budget Measures), 2002 which was introduced on October 30, 2002. The introduction of this legislation is the next step in fulfilling the Government's commitments to help municipalities make critical infrastructure investments and stimulate economic development and job creation within communities across the Province. As you are aware, the Associate Ministers of MunicipaJ Affairs and Housing, the Honourable Tina Molinari and the Honourable Brian Coburn and the Parliamentary Assistant to the Minister of Finance, Ted Chudleigh, as well as the Minister of Northern Development and Mines, the Honourable Jim Wilson, have been undertaking consultations with stakeholders throughout the Province. These consultations have generated an extensive list of ideas and suggestions that will help inform the design of these programs. The proposed legislation provides the government with a flexible framework that will assist in establishing Made-in-Ontario programs that will support the economic development and job creation needs of communities across the Province The framework is flexible enough so that the details of the programs can be determined after reviewing the advice received through the consultations with business and community leaders. This legislation is another indication of the government's commitment to these programs. ./2 5 1 Bonds The proposed legislation provides a framework for establishing OMEIFA in order to reduce financing costs for municipalities and ensure that the benefits of Opportunity Bonds are shared by all communities. The legislation also provides for tax incentives for corporations and individuals who invest in Opportunity Bonds. In addition, the legislation establishes the authority for OMEIFA to issue Opportunity Bonds. Funds raised from Opportunity Bonds will augment the $1.12 billion in funding provided by Ontario. This capital in turn is to be lent to municipalities at a subsidized rate to enable them to meet critical infrastructure requirements. QMEIF A and 0 is attached for your information in An outline of the main elements of the legislation Appendix A. We are working hard to implement the Government's commitment to municipalities as soon as possible. Our expectation is that we will be able to provide municipalities with documentation about OMEIFA as well as application forms in December of this year and will be ready to provide financing for priority projects in January 2003 I am pleased to note that Moody Investor Services has already cited the establishment of OMEIFA and the Province's renewed commitment to supporting investment in municipal infrastructure as key considerations in the recent upgrade of the credit ratings of two Ontario municipalities. Tax Incentive Zones This proposed legislation would permit the establishment of pilot tax-incentive zones. The government is committed to creating six pilot tax incentive zones to encourage businesses to invest, relocate or expand in communities and give young people the opportunity to live, work, raise a family and give back to the communities where they grew up. Details of the proposed legislation are set out in Appendix B The Government hopes to gain experience from establishing the pilots, along with the advice received through consultations, to allow us to design a tax incentive zone program that best supports the economic development and job creation needs of communities across the Province. As you know, we invited municipalities to submit their Expressions of Interest by October 18,2002, to become one of six pilot zones. The response was tremendous, as 62 submissions were received This is a tribute to the commitment of your staff and to the needs of your reviewing each proposal and we will continue to inform you·of our We are actively from across the Province. communities. progress. ../3 6 11 I would like to take this opportunity to thank the many municipal representatives that contributed to the consultations and continue to invite you to share your thoughts and ideas with us through our dedicated website, htt ov.on.ca/FIN/cQnsu1tationslbondsandzones " Ilook forward to working with you on these exciting initiatives as we move forward over the coming months. Minister Enclosure The Honourable Chris Hodgson Minister of Municipal Affairs and Housing c. 7 Clerks and Treasurers 1 1 Chief Administrative Officers, Appendix A Ontario Municipal Economic Infrastructure Financing Authority Legislation The legislation, if passed, would provide a framework within which OMEIFA would operate. This framework would include the following: The objects of the Authority, which include providing financing for municipalities. · the exact use of funds in terms of types of eligible The use of regulations to specify · projects. The Authority would be a corporation without share capital, composed of not less than three or more than 16 directors. They woùld be appointed by the Lieutenant Governor as is the CEO. in · t declares otherwise. It is anticipated that it issues bonds to investors so that there Council OMEIFA would act as a Crown Agent unless it would not be acting as a Crown Agent when would be no legal recourse to the Province. · would not be able to borrow, invest or manage financial without the consent of the Minister of Finance. The Authority would not be able to establish or acquire a subsidiary, trust, partnership or other entity without the consent of the Minister of Finance. The Authority and related entities risks · Securities issued by the Authority or by subsidiaries, trusts, partnerships and other entities established or acquired by the Authority would be specified as authorized investments for trusts. · The Act governs the liability of directors, officers, employees, partners, trustees and agents of the Authority and related entities. They would not be liable for their acts and omissions in good faith in the exercise of powers and performance of duties under the Act. The Authority and related entities would remain liable for the acts and omissions of their directors, officers, employees and agents. · in advance and is in default in its payments to funds appropriated by the In a situation where the borrower agrees OMEIFA, the Act would allow for OMEIFA to deduct Legislature to compensate for the debt owed OMEIFA. · The Minister of Finance would be authorized to issue policies and directives that the Authority and related entities would be required to implement. 8 1 1 · Opportunity Bonds Legislation · If the legislation is passed, Opportunity Bonds would be issued by OMEIFA, subsidiaries of OMEIFA or other entities designated by the Minister of Finance. · Opportunity Bonds would provide tax incentives for both corporations and individuals. · Details regarding Opportunity Bonds would be determined through regulation. 11 9 Appendix B Tax Incentive Zone Legislation the creation of pilot tax incentive zones through The details are set out below. Pilot The proposed legislation provides for regulations and tax incenti ve agreements. definition and start and sunset (LGIC) Regukltion The proposed LGIC regulation would set out the geographical dates of each pilot tax-incentive zone. Lieutenant Governor in Council tax Minister of Finance Regukltion As well, the Minister of Finance would have the regulatory authority to set out the Provincial incentives and establish a structure to oversee the zone. Specifically, the regulation would establish: the types, value and duration of the tax incentives the criteria to be used to determine eligible businesses or name the specific eligible businesses; and the zone administrator and their powers and duties. · · · The tax incentives provided under the regulation could vary from zone to zone, but would not vary within a zone. If education property taxes were one of the tax incentives provided, there would be no revenue impact on school boards as they would be compensated by the provincia government through the education funding formula for any reduction in business education taxes. out such would set their powers and duties the zone administrator and The regulation establishing things as: working with the Province to establish tax incentive agreements (e.g., outlining specific economic development or investment commitments and establishing performance measures to track progress in meeting the commitments) with eligible business enterprises authorized in the regulation; working with the Province and the municipality(ies) to ensure that all tax and other incentives are administered fairly and consistently; executing and monitoring the strategic business plan of the tax-incentive zone and providing strategic economic development planning services; facilitating ongoing partnerships to support the development of the zone; communicating zone progress to local residents and municipal council(s); working with the Province to market the zone to potential investors and serving as the first point of contact for businesses interested in locating in the zone; working with the Province to develop and implement a performance meaSUrement system for the zone; 20 1 · · · · · · · maintaining all relevant records of the zone (e.g., list of eligible business enterprises, annual reports) and ensuring zone compliance with any accountability and reporting requirements established by the Province. . municipal tax and other incentives by passing a by-law, in writing, of the Minister of Municipal Affairs and Housing. Municipal Incentives Municipalities would be able to provide provided they obtain the approval, Tax Incentive Agreements Finally, the proposed legislation would require a tax incentive agreement to be signed by each eligible business, the zone administrator and the Minister of Finance. The agreement would set out specific economic development or investment commitments, performance measures to track progress, and reporting requirements that an eligible business would have to meet in order to qualify for the tax incentives authorized by the Minister's regulation. The agreement would also include any specific provisions related to the tax incentives (e.g., phase-out provisions set out in the regulation) and sanctions for breach of the agreement. 1 1 2. 02 189 Elm Street, PO Box 2007 St. Thomas, Ontario, Canada NSP 3W2 TeISI9631-2020' FaxS19631·182S PAGE CASTLE BUILDING " ~ ~-~ ~~g9~524192 St. Thomas-Elgin General Hospital Good Health l.~ .11 ) ~!º-1E.~0.? . ;~¡.~ t~;/& (or Your Working Together 200? o~ PtGIN '·'r~'·'('\ \:S . \Ï ~\ ~ ,. 22 \1 OCT COU!f ~~'¡:¡$~¡-'; cOpy , ",.. .,. October 16, 2002 Mr. Bob Hammersley St. Thomas & District Chamber of Commerce. 555 Talbot St. St. Thomas, ON N5P 1 C5 Hammersley: As President of the Chamber of Commerce, you are aware of the concern we have regarding the recruitment and retention of physicians for the residents of Elgin County. The problem is a growing one and will continue for some time Mr. Dear We, at the hospital, have been fairly successful in our attempts to date. We have a ful roster of specialists, and there are currently family doctors taking patients in all areas of the county. Although we have experienced this success, the recruitment of family physicians has been a weak point. We expect that as our community grows, our needs will increase and we know that recruitment is only going to become more competitive, particularly for smaller sized rural communities. Recruitment is very challenging and often complicated, and with the many other responsibilities of the hospital, we have not been able to focus enough resources on this task. We need a recruitment strategy before we once· again have an acute shortage of family doctors. We believe that it is essential for the community to become involved in the recruitment of family doctors. In fact, we feel that the community should lead the way. A shortage of family doctors impacts the community in many ways. It affects many people, including the retailers, the real estate people. other industries, but most of all, the residents of the community. In fact, a shortç¡ge of physicians affects all things municipal. Our Co..., Values Compassion Respect Accountabiiiry ~jmnli,.íTV 22 1 03 PAGE CASTLE BUILDING 15198524192 15 11: 11/04/2002 Page 2 Mr. Bob Hammersley St. Thomas & District Chamber of Commerce Our experience suggests that while the hospital is important to recruits, there are other things equally as important, such as housing, spousal employment opportunities, schooling, and the unique characteristics of the community in which they are going to settle. (Our experience also points to several communities that have had successful recruitment campaigns led by a community/municipal based group rather than a hospital based initiative.) EPRP (Elgin Physician Recruitment Partnership) may be a possible starting place to develop a proactive recruitment strategy for our community, but it is too hospital based We need a strong, vibrant representative group, led by the community, to maintain the recruitment momentum that EPRP began. understand that you will hold your next meeting at STEGH and have been invited to discuss these points with you and your Chamber members, as part of the agenda Cathy Fox, Recruitment Specialist. and I would be glad to meet with you at a later date to discuss the issue of recruiting family doctors in more detail. A recruitment initiative led by the community, and supported by the many resources and partnerships within the community, including the hospital, has the potential to benefit all residents of Elgin County and prepare us for the challenges ahead. Peter also send a copy of this letter to the Warden John Wilson and Mayor Wewil Ostojic. Yours ~.. Dr. D.W. Lawrence VP Medical 51. Thomas-Elgin General Hospital (519) 631-2030, ext. 2113 dlawrenc@stegh.on.ca 23 1 Ostojic Peter Mayor DWLlnr cc: Warden John Wilson Constituency Office: 542 Talbot Street St. Thomas, Ontario N5P 1 C4 ~ Ontario Room 331 Main Legislative Building Queen's Park Toronto, Ontario M7A1A4 Tel: (519) 631-0666 Fax: (519) 631-9478 Toll Free: 1-800-265-7638 E-mail: steve_peters-mpp-co @ontla.ola.org STEVE PETERS, M.P.P. ELGIN - MIDDLESEX - LONDON Tel: (416) 325-7250 Fax: (416) 325-7262 Email: steve_peters-mpp @ontla.ola.org ?!1ni) 28 OCT 2002 Honourable David Anderson Minister of the Environment Room 133, East Block House of Commons Ottawa, ON KIA OA6 October 21 Dear Minister: Please find enclosed a County of Elgin resolution supporting the Federation of Canadian Municipalities' position urging the federal and provincial governments to enter into a partnership with municipal governments to develop and implement programs and policies to improve air quality. The resolution also asks the federal government to follow through on its 2001 Throne Speech to make clean air a priority and deliver a 'Clean Air Agenda' I would appreciate you responding to the County and forwarding a copy to my office. Thank you for your time and consideration. Sincerely, Steve Peters, M.P.P. Elgin-Middlesex-London Minister of the Environment 24 1 \ Cc: County of Elgin Honourable Chris Stockwell McGuinty Clean Air Plan take action to clean up our a Dalton McGulnty "We w make a real difference in the health of Ontarians, by aggressively attacking the sources of air pollution." -- Dalton McGuinty " r. wi My government " we breathe is killing us Thousands of people in Ontario have felt the brutal impact of 2002's smog season. Ground-level ozone or smog is a dangerous respiratory irritant that affects the health of thousands of people in Ontario, particularly seniors, the very young, and those with respiratory ailments like asthma. Smog has been linked to premature death from strokes and with the onset of asthma in children and adults. As of September 9, 2002, there have been 25 smog days in Ontario, breaking 2001's record, which was the worst in history. The Ontario Medical Association has proven that every year in Ontario, smog causes 1,900 premature deaths, 13,000 additional emergency room visits, and $1.1 billion in health care costs and lost workdays THE PROBLEM: The air THE HARRIS-EVES RECORD The Tory approach is that air pollution is like the weather; there's nothing that can be done about it. Tories believe that smog days are just another part of summer. Let's not forget that Harris and Eves cut the Ministry of Environment staff in half, decimating its ability to protect Ontario's air and water. And we all know that Ernie Eves has made an absolute mess of electricity restructuring in Ontario. As a result, private sector firms have postponed making investment commitments to build new, cleaner-burning natural gas-fired generation plants. we breathe THE McGUINTY SOLUTION Dalton McGuinty believes we can do something about cleaning up the air McGuinty has a sweeping new five-part plan. The key elements are " Cleaner power generation Cleaner gasoline and diesel fue " More public transit " Renewable energy Increased conservation " " DETAILS OF THE McGUINTY CLEAN AIR PLAN rty, pOllution-causing coal-fired plants of our d AI CLEANER POWER GENERATION " Shutting down coai-fired plants will be shut down by 2007. " Cost/benefit: Ontario Power Generation's coal-fired plants are the single-largest source of pollution in Ontario. The Nanticoke coal-fired plant is the worst air-polluter in Canada. Shutting these plants is the single-most important step Ontario can make for cleaner air. Shutting these plants will lower Ontario's emissions of the four worst air pollutants by 20 per cent. 25 1 2/ CLEANER FUEL " Cleaner gasoline: All gasoline sold in Ontario will be required to contain at least five per cent clean-burning ethanol by 2007, rising to 10 per cent by 2010. Ethanol is a clean-burning fuel produced from agricultural products such as corn " Cleaner diesel fuel: Working with farmers and industry, we w develop and implement an Ontario Bio-diesel Strategy that will include a future mandatory clean renewable bio-diesel content in diesel fuel. Bio-diesel fuel is a clean-burning fuel made from agricultural products such as soybeans n be I " Cost/benefit: These renewable, grown and made-in-Ontario fuels burn much cleaner than regular gasoline and diesel. This will create major new investments rural Ontario and provide a major new market for Ontario farmers. Ethanol is currently exempt from the provincial gasoline tax. The cost of this exemption wi $72 million by 2007. MORE PUBLIC TRANSIT: " Public Transit Renewal: For every litre of gasoline purchased, two cents of the existing provincial gasoline tax will be dedicated to public transit, generating an additional $312 million a year in funding for public transit infrastructure ncrease dramatically, by 25 per cent or II transit trips w " Dramatic increase: Publ 175 million trips per year. c c " Historic transfer: The fact is that the Tories eliminated funding for public transit in 1998, and only started to reverse this in 2002. In contrast, we will double what the Tories are providing, amounting to one of the largest transfers of revenue to our cities and municipalities in Ontario history, leading to an historic expansion In publ transit. " Cost/Benefit: Gridlock not only costs our economy billions of dOllars In lost productivity, but a car stuck in traffic pollutes almost three times as much as a regular car trip. Expanding public transit will ease gridlock and clean our air. Under this plan, $312 million in tax revenue will be transferred to municipalities, but the net increase in taxes for taxpayers will be zero RENEWABLE ENERGY Boosting renewable energy: Ontario electricity suppliers w be required to supply five per cent of their electricity from new clean, renewable sources such as wind, hydroelectric, and landfill methane by 2007, 10 per cent by 2010. More Hydro power: A third turbine wi be added to the Beck Generating Station In Niagara Falls, boosting its output of clean, renewable electricity Investing in Green Electricity: Over $150 million a year wi be invested in the development of new renewable electricity generators. We will ensure that a portion of the price of electricity amounting to 0.1 cents/kWh will be built into the retail price of electricity and dedicated to developing green power. 26 1 , 3/ Cost/Benefit: Half of all Ontario homes would get their power from clean, renewable electricity generated from hydroelectric or green energy sources. These initiatives, when fully-implemented in 2007, will cost the average Ontario household $1.75 per month on their electricity bill. This will lead to new investment in high- technology green power and increased economic opportunity for rural and northern Ontario. be Ontario's electricity consumption wi ENERGY CONSERVATION Increasing energy conservation decreased by five per cent by 2007 Leading by example: The Ontario Government w reduce electricity use by 10 per cent by 2007 and ensure that 15 per cent of the government's electricity comes from clean. renewable electricity. Cost/benefit: Additional expenditures by the Ontario government, when fully implemented, will amount to $45 million a year. This will result In new investments in efficient energy technology as well as additional energy cost savings HELPING MEET CANADA'S KYOTO COMMITMENT: Working with the federal government: Ontario Liberals have been behind the Kyoto Protocol all along and we welcome the federal government's decision to ratify it. The McGuinty Clean Air Plan will get us more than three-quarters of the way towards meeting Ontario's share. But we need the federal government to financially support our efforts to encourage renewable fuels, renewable energy, and public transit 1 27 Constituency Office: 542 Talbot Street St. Thomas, Ontario N5P 1C4 Tel: (519) 631-0666 Fax: (519) 631-9478 Toll Free: 1-800-265-7638 E-mail: steve_peters-mpp-co @ontla.ola.org ~ Ontario STEVE PETERS, M.P.P. ELGIN - MIDDLESEX - LONDON OCT 28 2002 Room 331 Main Legislative Building Queen's Park Toronto, Ontario M7A1A4 Tel: (416)325-7250 Fax: (416) 325-7262 Email: steve_peters-mpp @ontla.ola.org October 22, 2002 Warden John R. Wilson Elgin County 450 Sunset Drive St. Thomas, ON N5R 5VI Wilson: Please find enclosed a letter from my office to Environment Minister David Anderson regarding Elgin County Council's September 24 resolution that urged the federal and provincial governments to enter into a partnership with municipal governments to develop and implement programs and policies to improve air quality. Warden Dear hope this information I Party-s Clean Air Plan. the Ontario Liberal Also find enclosed will prove helpful. matter 0 f a or any other from me on this me at any time. input Should you require any other assistance or provincial nature, please feel free to contact Sincere]y, &~ 28 1 Steve Peters, M.P.P. Elgin-Middlesex-London Constituency Office: 542 Talbot Stree St Tel: (519) 631-0666 Fax: (519) 631-9478 Toll Free: 1-800-265-7638 E-mail: steve_peters-mpp-co @ontla.ola.org Thomas, Ontario N5P 1C4 ~ Ontario Room 331 Main Legislative Building Queen's Park Toronto, Ontario M7A 1A4 M.P.P. LONDON STEVE PETERS, ELGIN - MIDDLESEX Tel: (416)325-7250 Fax: (416) 325-7262 Email: steve_peters-mpp @ontla.ola.org 'no? OCT 28 2002 Honourable Norman Sterling Minister of Transportation rd 3 Floor, Ferguson Block 77 Wellesley Street West Toronto, ON M7A IZ8 October 2 Minister: Recently I wrote you regarding concerns of the County of Elgin focusing on the continuing and yet-to-be resolved issue of emergency detours off of Highway 401 and deteriorating roads throughout Elgin County. Dear Since then while traveling near Coburg, I noticed a sign for an emergency detour that featured a provincial logo and looked similar to provincial signage. The sign was unlike any I had ever seen for such detours would like to know who paid for the sign and whether the provincial government Ministry provided any funding for the project. I would appreciate a prompt Minister, through your response. advance for your time and consideration in Thanking you Sincerely, , ~\)k Steve Peters, M.P.P. Elgin-Middlesex-London Cc: County of Elgin & .4îJI...iíÅ... '1~,~ ~ ..~...... '~- 29 1 Constituency Office: 542 Talbot Street SI. Thomas, Ontario N5P 1C4 ~ Ontario Room 331 Main Legislative Building Queen's Park Toronto,Ontario M7A 1M Tel: (519) 631-0666 Fax: (519) 631-9478 Toll Free: 1-800-265-7638 E-mail: steve_peters-mpp-co @ontla.ola.org ST~VE PETERS, M.P.P. ELGIN - MIDDLESEX - LONDON Tel: (416) 325-7250 Fax: (416)325-7262 Email: steve_peters-mpp @ontla.ola.org ?OO? OCT 28 2002 Honourable Norman Sterling Minister of Transportation rei 3 Floor, Ferguson Biock 77 Wellesley Street Wes Toronto, ON M7A 1Z8 Dear Minister I 2 October Please find enclosed two more letters from the County of Elgin focusing on the continuing and yet-to-be resolved issue of emergency detours and deteriorating roads throughout Elgin County. Also enclosed is a letter of support from the Town of Aylmer. Issue. Minister, I was appalled to read that you apparently avoided Warden John Wilson at the Association of Municipalities of Ontario Conference when he tried to talk to you about this Mr. Wilson is a well-respected, long-time municipal politician in my riding and he and his constituents deserve your respect and attention. the roads have repeatedly refused to meet with Elgin County officials to discuss of detouring large volumes of traffic from provincial highways to local ¡ addition, you negative effects Minister, because of your indifference on this issue, the County is examining imposing weight restrictions on county roads lying near Highway 40 I. If enacted, this would prevent large haulers from exiting the 401 onto county roads and thereby negatively affect the area's economy and ¡convenience many motorists. 30 1 2/ Constituency Office: 542 Talbot Street St. Thomas, Ontario N5P 1 C4 ~ Ontario Room 331 Main Legislative Building Queen's Park Toronto, Ontario M7A 1A4 Tel: (519) 631-0666 Fax: (519) 631-9478 Toll Free: 1-800-265-7638 E-mail: steve_peters-mpp-co @ontla.ola.org Minister, I urge you to turn over a new leaf and arrange a meeting with County officials as soon as possibie, taken this issue has been in front of you for many months. í would apprecíate your responding to Mr. Wilson and forwarding a copy of your letter to my office. Thanking you in advance for your time and consideration. STEVE PETERS, M.P.P. ELGIN - MIDDLESEX - LONDON Tel: (416) 325-7250 Fax: (416) 325-7262 Email: steve_peters-mpp @ontla.ola.org Sincerely, &~ Steve Peters, M.P.P. Elgin-Middlesex- London 3 1 Warden County Elgll1 Cc: Mr. John Wilson Town of Aylmer Constituency Office: 542 Talbot Street SI. Thomas, Ontario N5P 1 C4 Tel: (519) 631-0666 Fax: (519) 631-9478 Toll Free' 1_800-265-7638 E-mail: steve_peters-mpp-co @ontla,ola,org 1iÆ Ontario STEVE PETERS,M.P.P. ELGiN, MiDDLESEX - LONDON Room 331 Main Legislative Building Queen's Park Toronto, Ontario M7A 1A4 Tel: (416)325-7250 Fax: (416)325-7262 Email: steve_peters-mpp @ontia.ola.org ~:, ?1ì1\~ !OCT ~~ 2002 Honourable Tony Clement Minister of Health and Long-Term Care 10th Floor, Hepburn Block 80 Grosvenor Street Toronto, ON M7A 2C4 October 23 Minister: Please find enclosed a letter from the County of Elgin"a report to county council from its Homes and Seniors Services director and a backgrounder from the Ontario Association of Non-Profit Homes and Support Services for Seniors (OANHSS). Dear Minister, as the information contained details, it is apparent there are funding inequities in long-term care for seniors between for-profit homes and non-profit homes, Your government created these inequities and from the evidence presented, your government also seems to favour for-profit homes for seniors at the expense of non-profit ones, This unfair treatment of public sector homes for seniors has to stop. It's time to swing the pendulum back to put both for-profit and non-profit homes for seniors on equal financial footing. Minister, I urge you to review the material, promptly respond to my office and forward copies of your letter to both the County of Elgin and the OANHSS. Thanking you in advance for your time and consideration. Sincerely, ~t~ Steve Peters, M.P.P. Elgin-Middlesex -London Homes and Services for Seniors 32 Cc: County of Elgin Ontario Association of Non-Profit Ontario C4 Constituency Office: 542 Talbot Street SI. Thomas, N5P Mj ~ Ontario Room 331 Main Legislative Building Queen's Park Toronto, Ontario M7A 1A4 Tel: (519) 631-0666 Fax: (519) 631-9478 Free: 1-800-265-7638 STEVE PETERS, M.P.P. ELGIN - MIDDLESEX - LONDON steve_peters-mpp-co @ontla.ola.or9 Tol E-mai Tel: (416)325,n50 Fax: (416)325-7262 Email: steve_peters-mpp @ontla.ola.org ~OO'l Ii NO'J Honourable Brenda Elliott Minister of Community, Family and Children's Services 6th Floor, Hepburn Block 80 Grosvenor Street Toronto, ON M7A 2C4 2002 Honourable Tony Clement Minister of Health and Long-Term Care loth Floor, October 25 Hepburn Block 80 Grosvenor Street ON M7A 2C4 Toronto, Ministers Please find enclosed this letter from Ms. Cynthia St. John, Chief Administrative Officer ofthe Elgin-St. Thomas Health Unit, detailing her concerns about the amount of provincial funding going into her health unit's Children in Need of Treatment (CINOT) specifically in the Ontario Works portion. Dear Minister, the County of Elgin has approved a resolution urged by Ms. St. John to increase the health unit's 2002 CINOT budget by $20,000 to cover additional costs incurred this year. The health unit has experienced a dramatic increase to administer this vitally impórtant dental care program for children. St. John feels the increase is either directly or indirectly brought about by a decrease in Ontario Works cases in Elgin County. Minister, we both know the caseload isn't simply dropping but needy people including children are falling between the cracks. Ms. St. John is asking for your ministry to top up the CINOT budget to at least 80 per cent at the Ontario Works level. This is the least the province can do given the turmoil in the health care system your government has created. Minister, I urge you to carefully review this correspondence, respond to Ms. St. Johns and forward a copy of your letter to my office. I thank you in advance for your time and consideration Sincerely, St- ~~ Health Unit Thomas M.P.P. Cc: Ms. Cynthia St. John, Chief Administrative Officer, Elgin-St. County of Elgin City of St. Thomas 1 33 Steve Peters, Combined __ onferences February 23-26, 2003 Fairmont Royal York Hotel. Toronto .j': - February 23-26, 2003 Fairmont Royal York Hotel, Toronto R OGR M A 200' 7 NO\! Program (Subjectto Change) r',:.',· ~~ ~,lM -"" ,.,""-.,....,,...- r'O~ n~j1'''d .~, ~...~"", . ':iN~STHt; Responsible rà Keynote Speaker: Hon. Allan Rock, Minister of Industry and Minister for Infrastructure (invited) Federal Funding of Transportation and Municipal 3:00p.m nfrastructure Welcome Opening Reception 5:00 p.m Keynote Speaker: (invited) Four Concurrent Workshops Keynote Speaker: Hon. Norman Sterling Four Concurrent Workshops Reports of the ROMA and OGRA Nominating Committees Plenary Session Municipal Affairs and Housing Minister of Chris Hodgson Hon 41b E 9:00 a.m (invited) Minister ofTransportation 10:00 a.m 11:30a.m 1 :30 p.m. 3:00 p.m. 3:30 p.m. Ib Continental Breakfast ROMAand OGRA Annual General Meetings Plenary Session Four Concurrent Workshops OGRAAwards Luncheon Presentation of education, college and long seNice awards Elections for ROMA Executive Committee and/or OGRA Board of Directors (if required) Keynote Speaker: Hon. Helen Johns, Minister of Agriculture and Food (invited) Ministers' Open Forum E 9:00 a.m. 10:30 a.m 12:00 noon 2:15 p.m. 3:15 p.m. ]i 8:00 a.m .lover Rural Ontario Municipal Association . Ontario Good Roads Association - c/o 530 Otto Road, Unit #2, Mississauga, ON L5T 2L5 Tel: (905) 795-2555 Fax: (905) 795-2660 Email: info@ogra.org 34 26th (continued) Banquet- Entertainment: The Arrogant Worms This three-man musical comedy troupe began performing their sketches and comedy songs on a campus radio program at Queen's University in 1991. Ten years later their hilarious act has been seen and heard a/l across North America and beyond. Using only guitar, bass, great stage presence, super-tight harmonies and the sharpest of wit, The Worms are on a mission to make you laugh. They are Canada's self-proclaimed Clowned Princes of Humor, Purveyors of the Absurd, and Ambassadors of Fun. One of Canada's most popular live acts, The Worms' versatility is second to none. 26th Tu 7:00 p.m WI Continental Breakfast Question Box - Panel Chair Fred Dean Closing Speaker: Linwood Barclay A gifted writer and public speaker, Linwood Barclay is considered one of the sharpest and most hilarious political satirists around. As a father; and staff columnist for The Toronto Star's Life Section, Linwood uses the many absurdities of politics and family life as fodder for his popular column which is read by over half a million readers across the country. He draws on his twenty-four years of journalism experience to convey his uniquely witty and insightful take on any subject he addresses. Guaranteed to delight and entertain you! Remarks by ROMA Chair-Elect and OGRA President Elect 8:00 a.m. 8:30 a.m. 10:00 a.m 10:30 a.m Value-Packed Workshops on these Topics and More · Funding municipal infrastructure · Liability exposure of municipal politicians (standard of care) · Railway/municipal issues · Responsible use of salt in winter operations · Rural economic development · The Safe Drinking Water Act · Waste management · What Internet connectivity can deliver they unfold on .c nformation in rural Ontario Watch for program details as www.ogra.org and www.r 905-795-2555 if you wish add itional ( (! (theone@ogra org Ca For delegate program information, ask for Sheila Richardson For accommodation information, ask for Cathy Houston (c.a1 For long service award information, ask for Theone McCauley For information on companions' program, ask for Rayna Gillis For information on the Trade Show, ask for Theone McCauley On behalf of the Board of Directors of Ontario Good Roads Association and the Executive Committee of ROMA, we look forward to seeing you in February Llo:3d. C.kurchLU. Lloyd Churchil Chair, ROMA 35 1 Joan Sutherland President, OGRA JoM Combined onferences 2003 February 23-26 R OGR M A ~ PLEASE DISTRIBUTE TO THOSE WISHING TO BOOK ACCOMMODATION FOR THE 2003 ROMAlOGRA COMBINED CONFERENCES The Housing 8ureau will process the faxed and mailed forms in the order in which they are received. Delays in processing are possible for two reasons: 1. volume of completed forms received by fax or mail. time of day received e.g. 6:00 p.m. wi be entered until next business day. ROMA and OGRA wish to advise of an important change to how you book accommodation for the Combined Conferences in 2003. not 2. Delegates will be able to book rooms by using an on-line housing reservation system, or by downloading the housing form from the OGRA or ROMA web sites and faxing or mailing the form to the Housing Bureau HOW TO BOOK A SUITE A special form for booking suites at the Combined Conferences is available on both web sites. Information on where to fax the forms is printed on the form. You cannot book a suite using the on-line reservation system WHEN CAN A ROOM BE BOOKED? The on-line housing system and the housing form are now available on the OGRA and ROMA web sites. CANNOT ACCESS INTERNET? be faxed Call 905-795-2555 and a housing form wi to you. BENEFITS OF ON-LINE SYSTEM Available rooms in conference hotels will be listed. The booking happens in "real time" and, if an email address is provided, confirmation will be sent within minutes of the request being sent. If an email address is not provided, confirmation will be faxed. QUESTIONS? Contact Cathy Houston or Theone McCauley 905-795-2555 or email cath NOTE Credit card information must be provided to book a room on-line. 36 1 WEB SITE ADDRESSES www.ogra.org www.roma.on.ca ALTERNATIVE TO ON-LINE SYSTEM If you do not wish to use the on-line reservation system, you can download a PDF version of the housing form from the OGRA or ROMA web site. The completed form can be faxed or mailed to the Housing 8ureau as in the past. Rural Ontario Municipal As¡¡ociation .. . Ontario Good Road¡¡ Association . - clo 530 Otto Road, Unit#2, Mississauga, ON L5T 2L5 Tel: (905) 795-2555 Fax: (905) 795-2660 Email: info@ogra.org 2003 ROMAlOGRA COMBINED CONFERENCES ACCOMMODATION INSTRUCTIONS AND IMPORTANT INFORMATION Reservations must be received before January 31, 2003. After this date, al conference room blocks will be released, and any requests for room reservations must be negotiated with hotels directly. 1 No telephone reservations will be accepted Reservations will be processed only if received through the official Housing Bureau on-line reservation system or on the official Housing Bureau form, or a photocopy thereof. 2 Acknowledgements will be faxed or emailed by the Housing Bureau as indicated on the official housing form Please allow at least 48 hours for receipt of this acknowledgement. 3 A deposit must accompany each reservation. Credit card information is accepted for deposit purposes. Please note that a credit card number will act only as a room guarantee - there will be no charge to the card unless the delegate cancels within 72 hours of arrival. In lieu of credit card information, a deposit of $150 per room, payable to ROMA/OGRA Housing Bureau, must accompany each written request. Payments acceptable include cheque, bank draft and money order. Note: credit card information is mandatory for on-line 4. reservations Please book Hotel reservations are made on a first come first served basis early. 5 Multiples cause duplication Submit one reservation if sharing with a colleague and possible double charging 6 For your own records, please keep a photocopy of your original housing form or email/faxed acknowledgement. 7 Prior to January 31, 2003, all changes must be made in written form only (fax (416) 203-8477, email housing@torcvb.com). Phone calls will not be accepted After this date, modifications can be made with the hotel directly. 8 If cancelling prior to January 31, 2003, you must notify the Housing Bureau in writing (fax (416) 203-8477) or by email (housing@torcvb.com). Phone the hotel directly if you are cancelling after January 31, 2003 to avoid billing. You must cancel 72 hours before expected date of arrival. 9 Ifrequesting reservations after January 31,2003, you should contact the hotel(s) directly. You may wish to use the complementary services of Tourism Toronto at 1-800-363-1990 or (416) 203-2500, which has information on current room availability in Toronto. Convention rates cannot be guaranteed after January 31st. rates over. Hotel 37 10. 2003 ROMAlOGRA COMBINED CONFERENCES FEBRUARY 23 to 26, 2003 SCHEDULE OF HOTEL RATES CROWNE PLAZA 225 Front Street West Single Bedroom - $185 416-597-1400 Double Bedroom - $185 1-800-227-6963 FAIRMONT ROYAL YORK HOTEL Suites 100 Front Street West Fairmont - Single - $149 Toronto Premier - $219 416-368-2511 Fairmont - Double - $164 Small Suite -$499 1-800-441-1414 Medium Suite - $599 Large Suite - $759 & up SHERATON CENTRE 123 Queen Street West Single Bedroom - $152 416-361-1000 Double Bedroom - $152 1-800-325-3535 STRATHCONA HOTEL 60 York Street Standard SinglelDouble - $120 416-363-3321 Corporate Single/Double - $140 1-800-268-8304 (Note: All rates are subject to PST and GST, if applicable) PRIOR TO JANUARY 31,2003, ALL RESERVATIONS MUST BE MADE USING THE OFFICIAL ON-LINE RESERVATION SYSTEM OR OFFICIAL HOUSING FORM. AFTER THAT DATE, PLEASE CONTACT THE HOTELS DIRECTLY FOR CANCELLATIONS AND CHANGES. 138 nformation over. 2002 31 October the OGRA Membership As in the past, the Ontario Good Roads Association will recognize employees who have given long years of service in the cause of good roads by presenting to them Long Service Awards. To It would be appreciated if you would complete and return the enclosed questionnaire advising us of any employee who is eligible under the conditions noted below to receive an award. the eligibility requirements That recipients of long service awards will have served a minimum of 30 years In the road industry employed in the municipal, provincial and/or private sectors The following are 1 That recipients of long service awards will have retired from their employment or will be retiring within one year of the Annual Conference at which the award will be given 2 be a member in good That the immediately previous or current employer standing of the Ontario Good Roads Association 3 uncheon on Tuesday, February 25, 2003 and all eligible recipients will be of nominations is Presentation of the awards will be made at a during the ROMAlOGRA Combined Conferences notified directly by OGRA. The deadline for receipt Yours truly, ~Q~ 39 Sheila Richardson Executive Director Page 2 OGRA LONG SERVICE AWARD EMPLOYMENT SUMMARY PLEASE COMPLETE THE FOLLOWING Name of Nominee: Please complete the following information covering total service in road industry: Years Position Municipalih Personal Background Information: Please Complete This Part (Please highlight any significant accomplishments, activities and/or interests.) - - - - - - - - f:conf\2003-LSA-2 140 over 4 1 ONTARIO GOOD ROADS ASSOCIATION 2003 LONG SERVICE AWARD QUESTIONNAIRE Please :ype all information. My nomination for an OGRA Long Service Award Certificate is: Name to appear on Plaque: Date of Retirement: Position Immediately Prior to Retirement: Municipality/Company: Business Address: Postal Code: Bus. Telephone: Home Address of Nominee: Postal Code: Res. Telephone: Total length of service in road industry: years Personal Background: Please fill out on the reverse side. Nominated by: name title Municipality/Compañy: Address: Postal Code: Telephone: DEADLINE FOR RECEIPT OF NOMINATIONS: January 31, 2003 Return compieted questionnaire to: Ontario Good Roads Association Unit 2, 530 Otto Road Mississauga, Ontario L5T 2L5 ROMAlOGRA COMBINED CONFERENCES February 23 to 26. 2003 FAIRMONT ROYAL YORK HOTEL. TORONTO COMPANIONS' PROGRAM HIGHLIGHTS OPENING RECEPTION Come and renew acquaintances and meet new faces. Draw for City Line' The Companions' Program Committee will hold a draw for City Line tickets for Monday's show. Draw entry forms will be available during the options registration on Sunday afternoon. Companions must be present at the draw to win. " "Mark & Chester' The stand up ComedyNentriloquism of Mark Crocker and Chester is expected to be one of the most enjoyable presentations available. Mark & Chester have over 22 years of performing everywhere from Romper Room to Club 54. They boast that all will be amazed at the speed, skill, clarity and realism of a true professional. A showman who will make all forget the present and enjoy the moment, and chuckle at the fact that for a short time they truly believed Chester was. ..IS very real and very alive. COMPANIONS' HOSPITALITY ROOM Meet old friends and new acquaintances in the companions' hospitality room! This room is reserved for card games, pin exchanges or a friendly chat. In addition, information will be available on local attractions and places to shop: Plan your own excursion! over 42 1 (options subject to change) The museum offers a healthy combination of the historical and the contemporary, with a focus on police work and how it affects the community. Visitors are stimulated with quizzes and interactive videos, hands-on displays, a scout car to sit in, a police motorcycle to "ride" and an old fashioned jail cell in which to be incarcerated. the following options TORONTO POLICE MUSEUM & DISCOVERY CENTRE from Choose STEAM WHISTLE BREWERY TOUR Experience firsthand the process of creating a craft brew. This tour begins with the story of the Steam Whistle - its founding, the people and the history of the Roadhouse. The tour then winds through the brewhouse, the fermentation vessels and the bottle-shop will provide a close-up look at how Steam Whistle Pilsner is made. It ends with a sampling and informal chat at the tasting bar. ONTARIO GENEALOGICAL SOCIETY PRESENTATION You know the expression "Where do I come from?" Well, to find out, attend this session. , Dig up your roots, and see what has come out in the branches of your family tree. The Ontario Genealogical Society will get you started on the steps involved in tracing your family history. GARDENING PRESENTATION Come and join this presentation from guest speaker Paul Zammit of Plant World and plan your garden before the spring arrives. Paul will focus his discussion on perennials, bulbs and annuals. Discuss your gardening questions and concerns with a professional gardener and you will get the information you need to have the best garden in your neighbourhood. The registration fee is $100. Tickets for the awards luncheon and banquet on Tuesday are available at additional costs. to attend the ROMAlOGRA Combined Conferences in February 2003 Joe Sutherland Chair, 2003 Companions' Program Committee 143 Plan now INSTRUCTIONS: Please type or print clearly and send with payment to ROMAlOGRA COMBINED CONFERENCES COORDINATOR, Unit 2, 530 otto Road, Mississauga, ON L5T 2L5 MUNICIPALlTYlORGANIZA TION: CONTACT NAME: MAILING ADDRESS: TEL: FAX: REGISTRATION TYPE Number of Tickets Purchased NAME OF DELEGATE TITLE COMPANION'S NAME (Tickets are not included in registration fee) (to appear on badge-no initials) (ABCorD) ("registered) Banquet Awards Luncheon PAYMENT REGISTRATION FEES - Registration forms cannot be processed NOTES: Member fees refer to ROMA and/or OGRA membership Government rates are GST exempt . Rates do not include function tickets. unless accompanied with payment. . Only payments made by VISA can be faxed to (905)795--2660. REGISTRATION TYPE MEMBERS ROV, & FED, GOVERNMENTS NON-MEMBERS FEES;;ncfosedl : DVISA# (does not include functjon tickets) Regular On-Site Regular On-Site Regular On-Site Name on Card: A 3 Day Registration $ 350 $ 380 $ 370 $ 400 $ 440 $ 470 @ " Expiry Date: B One Day - Monday $ 200 $ 230 $ 220 $ 250 $ 250 $ 280 @ " Signature: COne Dav - Tuesdav- $ 200 $ 230 $ 220 $ 250 $ 250 $ 280 @ D HalIDay - Wednesday $100 $130 $120 $150 $ 125 $ 155 @ - o CHEQUE (Payable to ROMAlOGRA Combined Conferences) Companion Registration $100 $100 $100 $100 $125 $ 125 @ " Luncheon Tickets $45 $ 45 $ 45 $45 $ 45 $45 @ - Banquet Tickets $ 65 $ 85 $ 65 $ 65 $ 65 $ 65 @ - PLEASE MAKE A COPY FOR YOUR RECORDS, Subtotal" REGISTRATioN INQUIRIES I 5pecial dietary requirements, Including food allergies, should be forwarded in wrltmg to GST#104000450RT = 7% of Subtotal = Theone McCauley, (905) 795-2555 e-mail: theone@ogra,org Karen Wilson or Jody Gillis at the Fairmont Royal York by fax (416) 368·8148 GRAND TOTAL" REFUND POLICY oremail karen.wilson@fairmont.comorjody.gillis@fairmont.com FuU refunds of pre-registration fees ONLY will be issued to January 31,2003. Refunds of75% win be issued from February 1 "'to February 141". NO REFUNDS AFTER FEBRUARY 14th. All requests must be in writing. ..¡::". ..¡::". ~ REGISTRATION FORM 2003 ROMA/OGRA COMBINED CONFERENCES February 23 . 26, 2003 . Fairmonl Royal York Holel, Toronlo, Onlario Alderman John Schmal Call!'l)I Albma Presliknt President Federation of C.n,'¡¡.n Municipalities Maìre Yves Ducharme Garineau (Québoc) FirstVicePmidettt Premier vic.e-prhidenr November B. 2002 Fédération canadienne des municipalités :Mayor Ann MacLean New Glasgow, Nova Scotia Second Vice President Deuxième viœ-pré.sidenœ MEMBERS' ADVISORY FCM BUDGET SUBMISSION WELL RECEIVED BY HOUSE COMMITTEE Bolster environmental infrastructure spending, Committee members say :Mayor Stephen D. Wallace Quesncl, British Columbia ThirdVice P!'eSÌd.ent Th:lisjème viœ-président Councillor Jack layton Taronoo, Ontario Inunediare Past President Présidemsortant members of Co unci Ottawa, November B, 2002- The Federation of Canadian Municipalities (FCM) yesterday presented its budget recommendations to the House of Commons Finance Committee. The submission, available on FCM's Web site (www.fcm.ca). focuses on opportunities for the Government of Canada to partner with the municipal sector in building sustainable and healthy communities. Please distribute to al Jame$ '\V, Knight Chld'Execut1ve Officer Chef de 11 direction In his presentation, FCM President, Calgary Alderman John Schmal said that the time was right to "recognize that Canada's communities matter. Targeted investments are needed in our cities, towns, villages, and rural and northern communities. These investments will help municipal governments meet their growing responsibilities while supporting the Government of Canada's domestic and international goals, including those under the Kyoto Protocol." 24 rue C1aœnce Strœt Ott:aw~ Ontario KIN 5P3 'fI' (613)241-5221 c¡¡¡ (613).241-7440 federatio.n@fcm,ca Web sitelsÎteWeb: www.mea The presentation was well received by Committee members who focused primarily on collaboration to fight climate change. The success of the Green Municipal Funds was recognized, and they were singled out as a promising avenue to deal with brownfield remediation. Centre for Sustainable Community Development Centre pour Ie développen.\et1t des ool1ectivit& v.ia.bles ~ (613)244-1515 commurùtie.l@ttm.ca In addition to long-term, predictable support for the key priorities of core infrastructure, intermodal transportation and urban transit, the brief highlighted the benefits of sustainable community deveiopment, combatting homeless ness, affordable housing, and children's infrastructure. Opportunities to expand broadband access to rural and remote communities and to modernize government service delivery were stressed. Conw\unica.dOlti qïjI (613)241-5221 cammtUÛœtion.s@fcm.ca COlporareSe.rvices SeNices oorporams ~ (613)241-2126 co.rpofate@fcm.ca Municipal support of FCM Budget campaign needed FCM now takes its Budget campaign to Members of Parliament. Recognizing the high expectations of members, President Schmal will meet with several ministers this month. Member municipal governments can provide critical support by communicating these messages to their local MPs. :&onontic and Social I\)licy Poliñques å:oMm1qUeII et sociales ~ (613)241·2250 poliq@fcm.ca "FCM's voice is strongest when it is amplified by that of councils and mayors across the country," said Alderman Schmal. "Local representation in support of FCM's position will give our Budgetcampaign a big boost." International Centre for Munkipal Development Croue inte.t'11ati{Uulþoü!'~ développemr.m lmmk:ipal r@ (613) 241·7117 tntl!f.n.atiOnal@fcm,c:a For more Information on the FCM Budget submission Massimo Bergamini Director of Communications (613) 241-5221, ext. 247 ~ 45 :&oncê de mission LaFIdi'lltilm (Ilm:dimn# tkJ munidplllitlr (FCM) øt 14 f)O~ nttti(Jl mttk! gouVtrnwfflt!11tUnÜipnux dtpuir l!JOI. LaFCM tit IJWÙ it ami!ißrtr fa qt¡a/itl tbvk ws tl)uttS k1 íiJ/ktivitis ill f¡tJJlJt'irl1JJt tkJ gotWmtfflWm munii:ip/11jxflJft/. tffit4£ð It rtsplJmahks. Mission Statement 11M Pttløl#i()l tfCøutdiAnMu kJ¡uJiluJ (FCM) Iuu bun tht natkmaltJo~ofmutJidpttlg.wtrnmfflt! Jma If)Ol. ECM isdH1itnt(d ttJ impræingtlM qunlity tf ¥ in 411 (ommunili6 hy promoting striJl $ tfftctilJt IDId l1«iJtmtllblt mrmiâpnl guvO'W1tØlt, Constituency Office: 542 Talbot Street St. Thomas, Ontario N5P 1 C4 Tel: (519) 631-0666 Fax: (519) 631-9478 Toll Free: 1-800-265-7638 E_mail: steve_peters-mpp-co @ontla.ola.org ~ Ontario STEVE PETERS, M.P.P. ELGIN - MIDDLESEX - LONDON NOV 14 ?OO? Room 331 Main Legislative Building Queen's Park Toronto, Ontario M7A 1A4 Tel: (416)325,7250 Fax: (416)325-7262 Email: steve_peters-mpp @ontla.ola.org Novèmber 8, 2002 Mr. Mark McDonald, Chief Administrative Officer County of Elgin 450 Sunset Drive St. Thomas, ON ~1 Dear Mr. ~nald: Please find enclosed an excerpt from the October 30, 2000, evening debate in the Legislature on Bill 191. In this excerpt I address widening Highway 40 I to three lanes through our region and the thorny issue of the County having to bare the expense of emergency detours off of the 401 onto County roads. Mr. McDonald, I hope this information proves to be helpful. Should you require any other assistance or input trom me on this or any other matter of a provincial nature, please feel free to contact me at any time. Sincerely, <3c- 46 1 Steve Peters, M.P.P. Elgin-Middlesex-London 2000 Evening Debate on Bill 191 October 30, Steve Peters 2010 I look within my own riding, and I'll use Highway 3 as an example. Highway 3 east ofSt Thomas is still under the control of the provincial government. Highway 3 west of St Thomas has been downloaded to the municipalities. The municipalities have had a number of highways downloaded to thern and the costs to maintain those roads have become quite high. As we're talking about highways and security and safety, I want to make a point about something that has really troubled me with this government. It deals with the 400 series of highways, and I'll speak specifically of Highway 401. My riding of Elgin- Middlesex-London has 82 kilometres of Highway 401 passing through it. When I leave Oxford county and cross into Middlesex county, it's a three-lane highway, and that three- lane highway exists until just west of Highway 4. But at Highway 4, we go back to a two- lane highway, with no longer a cement median.W e go into ditches. Highway 4 just south of Lambeth, trom the municipality of Tempo to the Chatham-Kent line, is a two-lane highway. I think we need to give consideration to widening the 401 in those areas in particular. In that area between the Oxford-Middlesex line and Tempo, we've got good, wide shoulders, but when you get beyond Tempo at Highway 4, the shoulders are much naITower. So I think consideration needs to be given trom the Ministry of Transportation's standpoint to extending and widening the 401. Another issue I would love to see the Ministry of Transportation address is the whole question of when Highway 401 is shut down because of emergencies. When Highway 401 is shut down, we need to keep the lifeline of this province. We live in a just-in-time delivery province right now. When Highway 401 is shut down, those vehicles must leave the 40 I. They exit the 40 I and the move on to a county road. I commend the county of Elgin for what they've done in developing emergency detour routes so that we ensure vehicular traffic in this province a way to get around a shutdown on the 40 I. But the county of Elgin has never been compensated for their work at keeping this province moving. The county of Elgin, at their own expense, has erected signs identifying an emergency detour route. The county of Elgin bears all the costs associated with that emergency detour route. The county of Elgin has undertaken this to ensure that we keep traffic moving in this province but they have not been compensated for their initiatives by this province. I see that as a real failure ofthe Ministry of Transportation to recognize the important role the county of Elgin plays in keeping traffic moving within Orttario today. 47 1