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April 27, 1999 Agenda 1 ORDERS OF THE DA Y FOR TUESDAY. APRIL 27TH, 1999 AT 9:00 A.M. / Meeting Called to Order Adoption of MORNING SESSION 1st PAGE # 13th, nterest and the General Nature Thereof 1999 meeting held on Apri Minutes 2nd 3rd 4th Pecuniary Disclosure of Presentations and Delegations Presenting Petitions, Recipients of the 1999 Ontario Volunteer Service Award (see attached) 9:15 A.M. - Mr, Michael Power, President of the Association of Municipalities of Ontario, will share with Council AM.O.'s program and planning, 10:30 A.M. - Discussion regarding the agricultural lands and drainage issue as it relates to Federal Fisheries Act. (see attached) 9:00 A.M. 1 2-7 / Whole Counci "Committee Of The Motion to Move Into 5th 6th and Staff Counci Reports of Staff Reports of 8-44 see attached Correspondence tems for Consideration tems for Information (Consent Counci i) ii) 17th Agenda) OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency n-Camera Items Motion to Rise and Report Motion to Adopt Recommendations the Committee Of The Whole from Consideration of By-Laws ADJOURNMENT 9th 10th 11th 12th 13th 45-51 52-63 8th 64 I LUNCH WILL BE PROVIDED I RECIPIENTS OF THE 1999 ONTARIO VOLUNT~ER SERVICE Mrs. Rena Campbell Mrs. Muriel Carrel Mrs. Marg Carroll Mrs, Nancy Fleming Mrs. Lorine Gavey Mr. Terry Heeney Mrs. Grace Hoshal Mr. Wilford Jacobs Mrs. Lillian Larson Mr, Stuart Lunn Mrs. Verna McCready Mrs. Margaret Moore Mrs. Nelda Tenhor Mr. Ernest Wall Mrs, Ruth Wight I"'~' t " REPORTS OF COUNCIL AND STAFF 1999 APRIL 27TH Township of Malahide Road Closing C. Watters, Manager of Engineering Services (ATTACHED) 1 Middlesex County Road and Bridge C. Watters, Manager of Engineering Services Designation Study (ATTACHED) 2. with Maintenance Agreement Forma C. Watters, Manager of Engineering Services Lower-Tiers (ATTACHED) 3. C, Watters, Manager of Engineering Services - the following tenders were awarded: (ATTACHED) - Tender for Gravel Resurfacing/1999-01 - Tender for Surface TreatmenU1999-02 - Tender for Hot Mix Paving/1999-06 - Tender for Guide Rail Systems/1999-07 - Tender for Port Bruce Deck Rehabilitation/1999-08 - Tender for Kingsmill Bridge/1999-09 4. C. Watters, Manager of Engineering Services - Municipality of West Elgin Requests the Temporary Closure of County Road #103 (Furnival Road) in the Village of Rodney (ATTACHED) 5, Annua Terrace Lodge Auxiliary Services M. Fleck, Director of Homes and Senior Report (ATTACHED) 6, Associated Costs Settlement for Services Homes and Senior (ATTACHED) M. Fleck, Director of Elgin Village Project 7 Food Hot Surplus Equipment Services M. Fleck, Director of Homes and Senior Cart (ATTACHED) 8. Adult M. Fleck, Director of Homes and Senior Services - Staffing Enhancements Day Program (ATTACHED) 9. Karen Dunn, Emergency Measures Co-Ordinator - Elgin County/SI. Thomas Emergency Planning Preparedness (Y2K) Public Information Sessions. (ATTACHED) 10. Review of Council and Management 8 M. McDonald, Chief Administrative Officer - Process (ATTACHED) 11 REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES 1999 SUBJECT: ROAD CLOSING - TOWNSHIP OF MALAHIOE FEBRUARY 25 DATE Introduction to close a road allowance, The Township of Malahide wishes road Discussion/ Conclusion That the County of Elgin has no concerns to the Township of Malahide closing the allowance between Concessions 1 and 2 in Lots 5, 6 7 and 8. the road Recommendation That the County of Elgin has no objection to the Township of Malahide closing allowance between Concessions 1 and 2 in Lots 5, 6. 7 and 8. R SUBMISSION MAR ALD CHIEF ADMINISTRATIVE OFFICER 9 RESPECTFULL Y SUBMITTED OAV l~ CLAYTON D. WATTERS, MANAGER ENGINEERING SERVICES REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES 1999 SUBJECT: MIDDLESEX COUNTY ROAD AND BRIDGE DESIGNATION STUDY 12 JANUARY DATE transferred Middlesex Road #15. #37 and #45 effective Introduction The County of Middlesex September 1,1998, Discussion/ Conclusion Middlesex County Road #45 extends north from our County Road #5 from Walkers Bridge to County Road #2. Middlesex Road #15 extends from Southwold east to Carriage Road. County Road #37 extends from Belmont East limits to Oxford County Line. All roads were effectively transferred September 1, 1998 at 12:00 noon, Included in this transfer was 3 years of maintenance money, the following Middlesex County cannot walk away from agreement. Write correspondence to Lower Tiers (Middlesex Centre and North Dorchester Township) to inform the lower tiers that they have now assumed the agreement that existed between Elgin County and Middlesex County (see attached). the County's solicitor advised Hennessey Mr. 1) 2) Recommendation That the Manager of Engineering Services write North Dorchester and Middlesex Centre to inform them that they now have assumed the agreement that exists between Elgin County and Middlesex County (see attached). MARK M NALD CHIEF ADMINISTRATIVE OFFICER 10 RESPECTFULL Y SUBMITTED (í1à;J~ W CLAYTON D. WATTERS, MANAGER ENGINEERING SERVICES ! DUNN OF MIDDLESEX THE CORPORATION OF _THE I , NUMBER BY-LAW A BY-LAW to authorize the Warden and the Clerk to execute an agreement between The Corporation of the County of Middlesex and The Corporation of the County of Elgin respecting maintenance and repair of boundary roads i I WHEREAS Section 268 of the Municipal Act, R,S.O. 1980 Chapter 302 and amendments thereto provides that adjoining municipalities may enter into an agreement for the maintenance and repair of any highway forming the boundary between such municipalities including the bridges thereon that it is their duty to maintain and repair the Council of The Corporation of the County of ... to execute an agreement for this purpose between t ' of Middlesex and The Corporation of the County of AND WHEREAS Middlesex deems it expedien. The Corporation of the Cour: Elgin; I the Council of The Corporation of the County of Middlesex THEREFORE enacts as follows I That the Warden and the Clerk be and they are hereby authorJ.zed and directed to execute an élgreement between The Corporation of the County of Middlesex and The Corporation of the County of Elgin, as set out in Schedule "A" attached hereto and forming part of this By-Law, providing for the maintenance and repair of any highway forming the boundary between such municipalities, including the bridges thereon that it is their duty to maintain and repair 1 take effect and Th¿¡t this By-Law shall come into force upon the final passing thereof 2 PASSED IN COUNCIL 1991 10th day of September this ; i , ----- (21 Pege 1 of 1 ~ (11 lIe911try ßJ Land Till.. 0 pages (3) P'ope,ty Block Property 328843 Idenllnar(.) Addlllonol: S.. 0 Schedule (4) Nature of Docum.nl B unp l~ ,P;12:1 l AGREEMENT ~ (51 ConoJdo,"Uon Z NIL 0 Dollars $ UJ III (6) De.c,lpllon :J ~ TOWNLINE ROADS AND BRIDGES BETWEEN THE COUNTIES OF [, ELGIN AND MIDDLESEX (TOWNLINE ROADS BETWEEN THE 0 cr TOWNSHIPS OF SOUTH AND NORTH DORCHESTER, TOWNSHIPS OF Ii YARMOUTH AND WESTMINSTER AND THE TOWNSHIPS OF SOUTHWOLD AND DELAWARE). New ProP8fty ldenli"e" Addlllonal; S.. 0 Schedule (7) Thll (8) Noaescnpuon (b) Schedule for: Additional: Document t.le'" [p->vlnont Addllionol So. [J Conlalnt.: ß.W1/Skelch e.. S ŒJ Description 0 Pft~leo o Olhe, 0 Schedule (8) Thle Docu'".nl pro'ld.. II lofloWl: AGREEMENT BETWEEN THE COUNTIES OF MIDDLESEX AND ELGIN FPR MAINTENANCE OF TOWNLINE ROADS AND BRIDGES BETWEEN THE TWO COUNTIES, ELGIN COUNTY ROAD #17, ELGIN COUNTY ROAD #34, ELGIN COUNTY ROAD #37, MIDDLESEX COUNTY ROAD #15 AND MIDDLESEX COUNTY ROAD #35. WARDSVILLE, WALKER, HARKNESS, BELMONT WEST, IIARR IETSVI LLE DRAIN, TAITS, WILLEYS, MIDDLEMISS, LINGS, MCGINNIS, BELMONT EAST AND SPRING CREEK BRIDGES. Conllnued on Schedule 0 (8) Thle Documenl flle"" to In"!run,"nt number(l) (10) Plrty(lel) (Se' oul Slatuo 0' Inle,est) Neme(8) Slgnalu'e(8) Dale 0' ßlgnalure ".,-;; V M D , ,,~~~~Þ~~ng~, q~ ,~~~ ,~O,U,N,T,Y, ,Or ~~!>w , , , , , , 'Ý~-'/.~'1lt::-!: " " " . , , '" " , "" ,1,9,9,1. P,9, ,2~, . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Úbj;("G' ",' . . " . " . . . ". '".. "".. . ............................................ .......,.. ··,·····'...0...... .... ..... .... f. (11) Add,"" 10'8....."" (12) Plr1y(lu) (S8t oul SIolu8 0' Inte,esl) Nlme(l) Slgn8ture(s) D81e olSlgnllu,e V M D CORPORATION OF THE COUNTY OF MIDDLESEX ..... ...................,.................... ................... ...... ......... " '.' .. .... '" ........ .................................. ................... ...... ...... '" ..... ...... ... ........................................... .................... .............. ..... .. .... (13) Addnt.. '0'8...."'" (14) MunicIpal Add,e.. ., Properly (15) Documenl Prepared by: F_ and r.. >- -' 'f'2,é?"> Z Reglstrallon Fee 0 w ~ UJ 0 it 0 cr 'fI-.Z>-?y Ii Tollo' "--. - - . " .",. )' 'I ., 'Jd . :11';~, . ' I , " ,.I o Ge,w,nl colahatlon Ilo'orm Acl. 1901 II :IUIH!' lOlld )O( 4 r , ( ~~ COUNTY OF ELGIN By-Law No. 91-46 "BEING A BY-LAW TO AUTHORIZE THE WARDEN AND THE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF ELGIN AND THE CORPORATION OF THE COUNTY OF MIDDLESEX RESPECTING MAINTENANCE AND REPAIR OF BOUNDARY ROADS" WHEREAS Section 268 of The Municipal Act, R.S.O. 1980 Chapter 302 and amendments thereto, provides that adjoining municipalities may enter into an agreement for the maintenance and repair of any highway forming the boundary between such municipal- ities, including the bridges thereon that it is their duty to maintain and repair; and WHEREAS the Municipal Council of the Corporation of the County of Elgin deems it expedient to execute an agreement for this purpose between the Corporation of the County of Elgin and the County of Middlesex. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. That the Warden and the Clerk of the Corporation of the County of Elgin be and they are hereby authorized to execute _ (i) An agreement between the Corporation of the County of Elgin and the Corporation of the County of Middlesex, as set out in Schedule "A" attached hereto and forming part of this by-law, providing for the maintenance and repair of any highway forming the boundary between such municipalities, including the bridges thereon that it is their duty to maintain and repair. (ii) A Letter of Agreement with regard to Maintenance Items, as set out in Schedule "B" attached hereto and forming part of this by-law. 2 . That this by-law shall come into force and take effect upon final passing thereof. READ a first time this 11th day of September, 1991. READ a second time this 11th day of September, 1991. READ a third time and finally passed this 11th day of September, 1991 - -<-<..-<.A-<.-< y...-r-../ / J? /> AJþ'~,_ '-,1" ~ G C. Leverton, . M. L. 1 Clerk. Warde I, G. C, L£Y~RTON. CLERK OF THE CORPORA. TlON OF THE COUNTY OF EI.G1N. DO ;me6Y CERTifY THAT THE FORECOING IS A TRUE toPY OF . ßY:-.I,..AW, NO.,9Ic.'¡'k. PASSED SY THE COUNCIL OF THf SAID CORPORATION ON THf J,TH...... DAY Of ,$,F.-f.:r.¡;fIlßFI'{\ 1'1'1 ~~ y::~ ~..." ........... ......... " ..... '. AGREEMENT SÇHEDULE'~" day of Sept. 199~ THE CORPORA110N OF THE COUNTY OF MIDDLESEX Hereinafter called "Middlesex" of the FIRST PART 18th this duplicate in made THIS AGREEMENT BETWEEN: THE CORPORATION OF THE COUNTY OF ELGIN Hereinafter called "Elgin" of the SECOND PART AND WHEREAS the parties are adjoining municipalities and are desirous of entering into an agreement under the provisions of Section 268 of the the Municipal Act, R,S.O. 1980, Chapter 302 and amendments thereto dealing with the maintenance and repair of boundary roads between such municipalities AND WHEREAS by Section 149 (2) (1) of the Municipal Act and Section 64 (3) of the Ontario Municipal Board Act, R,S,O, 1980, Chapter 547, agreements respecting maintenance and repair of boundary roads under Section 268 of the Municipal Act do not require approval of the Ontario Municipal Board; of the premises and covenants and promises parties hereto agree each with the other as consideration the NOW THEREFORE in hereinafter expressed follows Elgin hereby covenants and agrees to maintain and keep in repair for the ¡"hole width thereof, Road Number 35 of the County of Middlesex and Road Number 34 of the County of Elgin, being the boundary road lying between the Town of Westminster in the County of Middlesex and the Township of Yarmouth in the County of Elgin, extending from the line between Lots 14 and 15, Concession XV in the Township of Yarmouth, easterly to the west limits of the Village of Belmont at the line between Lots 1 and 2, Town of Westminster, a distance of approximately 1,0 kilometres as shown On Schedule "c" attached 1 Elgin hereby covenants and agrees to maintain and keep in repair for the whole width thereof, Road Number 35 of the County of Middlesex and Road Number 37 of the County of Elgin, being the boundary road lying between the Township of North Dorchester in the County of Middlesex and the Tmmship of South Dorchester in the County of Elgin, extending from the east limit of Provincial Highway Number 73, easterly to the Oxford County boundary, a distance of approximately 8,4 kilometres as shown on Schedule "c" attached, 2 Middlesex hereby covenants and agrees to maintain and keep in repair for the whole width thereof, Road Number 35 in the County of Middlesex and Road Number 37 in the County of Elgin, being the boundary road lying between the Township of North Dorchester in the County of Middlesex and the Township of South Dorchester in the County of Elgin, extending from the west limit of Provincial Highway Number 73, westerly to the east limit of the Village of Belmont at the line between Lots 23 and 24, Concession VII, in the Township of South Dorchester, a distance of approximately 6,9 kilometres as shown on Schedule "G" attached. 3 Middlesex hereby covenants and agrees to lnaintain and keep in repair for the whole width thereof, Road Number 15 of the County of Middlesex and Road Number 17 of the County oJ; Elgin, being the boundary road lying between the Township of Delaware in the County of Middlesex and the Tmmship of Southwold in the County of Elgin extending from the west limit of the road between Lots 1 and 18, Concession II, Township of Soutl¡¡;old, easterly to the east limit of the road ben"een Concessions and II, Township , a distance of approximately 1.5 as shown "D" attached of Delaware on Schedule I kilometres 4 2 and agrees to maintain and keep in repair railings and embankments of Bridges as Elgin hereby covenants the bridge structure follows 5 1 and Elgin Wardsville Bridge on Middlesex Road No at the Thames River. No 5 -37 Road No 45 and Elgin 3 Walkers Bridge on Middlesex Road No 5 at the Thames River No 39 Road No 5 , No. 5-21 - Harkness Bridge on Westminster-Yarmouth Townline at Lot 4, Concession VIII, Town of Westminster and Lot 13 Concession XIV Township of Yarmouth Bridge on Middlesex Road No. 35 and 3 Town of Westminster and Lot 15 West Lot Belmont No,34 at Yarmouth No 5-23 Elgin Road Township of - Harrietsville Drain Bridge on Middlesex Road No, Elgin Road No, 37 at Lot 11, Township of North ester and Lot 11 Township of South Dorchester 5-33 and Dorch No 35 "E" attached Middlesex hereby covenants and agrees to maintain and keep in repair the bridge structure railings and embankments of bridges as follows CIf & " on Schedules as shown All 6 Lot 21 Range Concession Taits Bridge at the Thames River at Township of Ekfrid and Lot 7 B,F of Dunwich. No 5 -1,2 IV, S. L , R Township No. 5-44 Willeys Bridge on Middlesex and Elgin Road No at the Thames River 8 9 and Elgin Middlemiss Bridge on Middlesex Road No 14 at the Thames River No. 5-45 Road No the Westminster-Southwold Townline of Westminster and Lot 49 E,T,R No Lings Bridge on at 49, E,T,R., Town Township of Southwold, 5-5 Lot Concession XIII and XIV No 5-20 McGinnis Bridge at Lot 9 Township of Yarmouth 5-24 Belmont East Bridge on Middlesex Road No, 35 and Road No, 37 at Lot 22, Township of North Dorchester and Township of South Dorchester. No Elgin Lot 22 No 19-379 Spring Creek Bridge on Middlesex Road No, 35 and Elgin Road No. 37 at Lot 18, Township of North Dorchester and Lot 18 Township of South Dorchester. "E" attached Each County shall be responsible to carry out and pay for all routine road and bridge maintenance as defined on Schedule "B" on those roads and bridges for which it .is responsible as described in Paragraphs 1 to 6 inclusive liD" & C" & " as shown on Schedules All 7 No new construction or major maintenance work (as distinguished from routine repair and maintenance) of any kind on roads and bridges shall be commenced or charged by one municipality against the other unless such construccion or major maintenance work has first been approved by the Councils of both lllunicipalities. Major maintenance and routine maintenance shall be as set out on Schedule "B" 8 The party doing the work in paragraph I to 6 inclusive of this Agreement shall indemnify and save harmless the other party from all claims for loss or damage ar.ísing from the want of repair of the road segments and bridges 9 Tilis agreement shall come into force on the day of its signing by both Parties hereto authorized by by-law. and shall continue in force for a period of ten (10) years therefrom and may be renewed at the end of such terms by a further by-law of both parties to this agreement 10 This agreement shall be registered in the proper Land Registry Offices for the Registry Division of Middlesex East and West and the Registry Division of Elgin following execution of this agreement by bOt/l parties and at the joint expense of Middlesex and Elgin II No amendment or variation to tl1Ís Agreement or of any of the terms hereof shall be binding upon the parties hereto, unless the same is in writing and authorized by further by-law of both parties to this Agreement and signed by all parties hereto 12 of each of the parties hereto respective officers authorized in IN WITNESS WHEREOF the Corporate Seals have been affixed duly attested by the that behalf. CORPORAIION OF THE COUNTY OF MIDDLESEX THE THE CORPORAIION OF THE COUNTY OF ELGIN ~ )L..-~--./ WARDE. ~-<--<---'-.<----<. CLERK SCHEDULE "B" MAINTENANCE AGREEMENT ELGIN-MIDDLESEX 1991 ROUTTNE ROAD MATNTENANCE SHALL TNCLUDE (BUT NOT LTMTTED TO): 1. Grass and Weed Cutting, 2, Tree cutting (other than that required for construction purposes), 3. Drainage (including normal ditching, repair and replacement of catcl1basins, etc.). 4, Roadside Maintenance, 5, Tree Planting (other than that required for replacement of trees removed during a construction project), 6, Drainage Assessment (repair on existing drain done without Engineers report), 7, Weed Spraying, 8, Repairs to Pavement (pot holes, patching normal Spring breakup etc,), 9, Sweeping, 10, Shoulder Maintenance (gravelling and grading). 11, Isolated Hot Mix Patching, 12. Grading and Dust Control of Gravel Roads, 13. Winter Control Operations, 14, Edge and Centreline Pavement Marking. 15, All signing (to regular County standards), 16, Guide Rail repair or replacement. 17. Normal stump removal. 18, Maintenance and replacement of culverts under one metre in span ROUTTNE BRTDGE MATNTENANCE TO TNCLUDE: 1. Bridge inspections. 2. Normal bridge signing. 3, Cleaning, Washing and Sweeping, 4, Minor deck patching and spalling, MAJOR MATNTENANCE SHALL TNCLUDE: ROADS: 1. Surface Treatment 2. Railroad Protection (C.P.R, crossing east of Belmont), ], Drainage Assessments (where an Engineer has prepared a report) MATNTENANCE: 1. Replacement of culverts presently one metre or over in span [1RTDGES: 1 Painting 2 Major deck, curb or rails spalling 3 Replacement of deck drains seals etc · DATE' MAY 1991 DRAWN' 1<.0. COUNTY LINE 8 THAMES RIVER BETWEEN MIDDLESEX COUNTY AND ELGIN COUNTY AT WESTMINSTER-DELAWARE TWP. AND SOUTHWOLD-YARMOUTH TWP. SHOWING' MIDDLESEX ROAD No, 15/ ELGIN ROAD No: 17 MIDDLEMISS BRIDGE No. 5-45 LINGS BRIDGE No. 5-5 MCGINNIS BRIDGE No. 5-20 SKETCH ILLUSTRATING THE LENGTH OF THE .1'"~ ",0 .f'~ SOUTHWOLD TWP. ELGIN CO, SCHEOU LE '01 YARMOUTH TWP. ELGIN CO. DELAWARE TWP MIDDLESEX CO, \ \ {) TOWN OF WESTMINSTER MIDDLESEX CO, \)~ ~ s\ ~f>.S DATE' MAY 1991 DRAWN' K.Q, WESTMINSTER - YARMOUTH TOWNLlNE N, DORCHESTER -5. DORCHESTER TOWN LINE fNCLUDING: HARRIETSVILLE DRAIN BRIDGE No, 5-33 SPRING CREEK BRIDGE No, 19-379 BELMONT EAST BRIDGE No. 5-24 BELMONT WEST BRIDGE No. 5-23 HARKNESS BRIDGE No. 5- 21 \ \ \ YARMOUTH TWP. ELGIN CO. 12 (ELGIN COUNTY ROAD No. 34 , 37) SOUTH DORCHESTER TWP. ELGIN CO. SKETCH ILLUSTRATING . THE LENGTH OF MIDDLESEX COUNTY ROAD No. 35 SCHEDU LE ·C' \ NORTH DORCHESTER TWP. MIDDLESEX CO. (} \ \ \ \ TOWN OF WESTMINSTER MIDDLESEX CO, ·-------- --- . -- -..-.- ---..--. THAMES RIVER BETwEEN MIDDLESEX COUNTY ÄND ELGIN COUNTY AT MOSA - EKFRID TWP AND ALDBOURGH - DUNWICK TWP. SHOWING: WARDSVILLE BRIDGE No. 5 - 37 WALKERS BRIDGE No. 5-39 TA/TS BRIDGE No. 5-42 WILLEYS BRIDGE No. 5-44 DATE: MAY 1991 DRAWN: 1<.0. ELGIN CO. TWP. ALDBOROUGH TWP. ELGIN CO SKETCH J LLUSTRA TING THE LENGTH OF THE SCHEDULE 'EI MOSA TWP. MIDDLESEX ~, "'. ,\, o EKFRID TWP. MIDDLESEX CO. ,0 - ---- - REPORT TO COUNTY COUNCIL FROM: CLAYTON WA TIERS, MANAGER ENGINEERING SERVICES 1999 SUBJECT: FORMAL MAINTENANCE AGREEMENT WITH LOWER TIERS MARCH 26, DATE Introduction Now that the lower tiers are responsible for all maintenance activities on Elgin County Roads who is ultimately responsible for claims arising from accidents on the County Road System? This topic was discussed at an Elgin County Road Superintendent's Meeting following an accident on County Road #28 (Centennial Ave,) in the summer of 1998 where a tree was blown over in a storm onto a van traveling on the road, Many questions arose in regards to this incident and potential future ones, Was anyone negligent and if so who? Who's insurance company would pay for the damage done to the van the owner of the road, the municipality responsible for maintaining the road or the driver? Should the County specify a minimum amount of liability insurance that the lower tiers must carry and should the County be co-insured under their policies? Discussion/ Conclusion As the owner, the County may delegate responsibility but not liability and will be brought into third party claims and is therefore ultimately responsible and further may be found negligent for not supervising all maintenance activities carried out on County property, After realizing these concerns the Engineering Services Department sent a letter to Frank Cowan Company Limited asking for their input on how the County could minimize liability and what risk management tools we should use, We also forwarded a copy of the Order made under the Municipal Act from the Minister regarding Municipal Restructuring within the County of Elgin. Frank Cowan's Risk Management Analyst, Barbra Anne Vaspori, returned a letter addressing the concerns our department had and made some suggestions. In summary the letter confirmed the County's ultimate liability as owner of the road system and recommended that formalized agreements be drafted, making reference to the Minister's Order, between the County and each of its underlying municipalities. These formal agreements would accomplish the following: (1) clarify each party's responsibility; and (2) include clauses to appropriately transfer liability to the responsible party, 2 21 Page 2 REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES DATE: MARCH 26, 1999 SUBJECT: FORMAL MAINTENANCE AGREEMENT WITH LOWER TIERS Discussion/ Conclusion (continued, The County cannot escape liability for all third party claims that occur on roads within its jurisdiction, however it can transfer its liability to the underlying municipality if the claim resulted out of the municipality's negligent performance or non-performance of obligations set out in the agreement. It was also suggested that the agreements should contain a comprehensive hold harmless and indemnification clause in favour of the County, A sample agreement made by another municipality in a similar situation will be included for the County's Solicitor to review, Frank Cowan Ltd, also stated they would gladly review any draft agreements and offer their assistance, Recommendation That the County's Solicitor proceed with drafting a formal agreement between the County of Elgin and each of the lower tiers, making reference to the Ministry Order with respect to the road maintenance responsibilities to clarify each party's responsibility and transfer liability to the responsible party, SUBMISSION MARK MCDONALD CHIEF ADMINISTRATIVE OFFICER 22 RESPECTFULL Y SUBMITTED 0øJJ" ·ltiA~ CLAYTON D, WATTERS, MANAGER ENGINEERING SERVICES REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES /1999-01 1999 SUBJECT: TENDER FOR GRAVEL RESURFACING 19 APRIL DATE Introduction As part of the Engineering Services capital program gravel roads will be resurfaced preparing them for surface treatment this year. Approximately 32,000 tonne of Granular 'A' will be placed on County Roads #48, #9, #20 and #55, Disçussion/ Conclusion The Tender for this work was advertised in the London Free Press on Saturday, March 27th and Closed on April 16th. A total of 5 parties submitted tender prices ranging from $319,188.49 to $438,288,05 188.49 Price of $319 Tender the lowest Ontario submitted Walmsley Bros, Ltd, London including G,S,T, Recommendation That Walmsley Bros. Ltd.'s tendered price of $319,188.49 including G,S,T, be accepted for Gravel Resurfacing / Contract No, 1999-01 per the proposed 1999 Capital Program, 9901.doc M ALD i'i.\ CHIEFADMINISTRA TIVE OFFICER APPROVEDFOR SUBMISSION 23 RESPE1,TFULL Y SUBMITTED (lM;ijVl CLAYTON D, WATTERS, MANAGER ENGINEERING SERVICES GRAVEL RESURFACING CONTRACT NO. 1999-01 1999 COMPANY AMOUNT WALMSLEY BROS, LIMITED $319,188.49 MCKENZIE & HENDERSON $343,405,80 JOHNSTON BROS, LIMITED $344,812,10 NICIL AGGREGATES $352,866,21 AAROC AGGREGATES $438,288,05 April 16 REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES /1999-02 1999 SUBJECT: TENDER FOR SURFACE TREATMENT 19 DATE: APRIL Introduction As part of the Engineering Services capital program gravel roads that will be resurfaced wi then be surface treated and existing surface treated roads will be receiving a sealing coat. Approximately 16,5 kilometers of existing gravel roads will be surface treated and 25,3 kilometers of existing surface treated roads will receive a seal coat layer. Discussion/ Conclusion The Tender for this work was advertised in the London Free Press on Saturday, March 27th and Closed on April 16th, A total of 3 parties submitted tender prices ranging from $538,216,74 to $580,512,99 Price of the lowest Tender Ashwarren Internationallnc" Mississauga, Ontario submitted $538,216.74 including G,S.T, Recommendation That Ashwarren Internationallnc.'s tendered price of $538,216,74 including G.S,T, be accepted for Surface Treatment / Contract No, 1999-02 per the proposed 1999 Capital Program. MAR ONALD CHIEF ADMINISTRATIVE OFFICER , CLAYTON D, WATTERS, MANAGER ENGINEERING SERVICES RESPECTFULL Y SUBMITTED 25 9902,doc SURFACE TREATMENT CONTRACT NO. 1999-02 16,1999 COMPANY AMOUNT ASWARREN $538,216,74 DUNCOR ENTERPRISES $571,211,64 CORNELL CONSTRUCTION $580,512,99 Apri REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES / 1999-06 1999 SUBJECT: TENDER FOR HOT MIX PAVING 19 DATE: APRIL Introduction As part of the Engineering Services capital program approximately 24,000 tonne (approximately 24 kilometers) of HL4 asphalt will be placed on County Roads #2, #8, #16, #22, #46, #119, #37, #42 and #54. Discussion/ Conclusion The Tender for this work was advertised in the London Free Press on Saturday, March 27th and Closed on April 16th, A total of 3 parties submitted tender prices ranging from $1,366,914,30 to $1,597,540,22. 366,914,30 Price of $1 Tender the. lowest Ontario submitted Walmsley Bros. Ltd, London including G,S,T, Recommendation That Walmsley Bros. Ltd.'s tendered price of $1 ,366,914.30 including G,S,T. be accepted for Hot Mix Paving / Contract No. 1999-06 per the proposed 1999 Capital Program RESPECTFULL Y SUBMITTED MAR ALD CHIEF ADMINISTRATIVE OFFICER 27 CLAYTON D, WATTERS, MANAGER ENGINEERING SERVICES 9906.doc HOT MIX PAVING CONTRACT NO. 1999-06 1999 COMPANY AMOUNT WALMSLEY BROS, LIMITED $1,366,914,30 TCG MATERIALS LIMITED $1,519,169,95 TOWLAND (LONDON) 1970 LIMITED $1,597,540,22 16 Apri REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES /1999-07 1999 SUBJECT: TENDER FOR GUIDE RAIL SYSTEMS 19 APRIL DATE Introduction As part of the Engineering Services capital program approximately 4000 metres of various types of guide rail systems will be placed on County Roads and bridges that have been improved recently, Discussion/ Conclusion The Tender for this work was advertised in the London Free Press on Saturday, March 27th and Closed on April 16th, A total of 2 parties submitted tender prices ranging from $213,209.81 to $297,790,63 Price of $213,209,81 Tender the lowest Ontario submitted Royal Fence Limited. London including G,S,T, Recommendation That Royal Fence Limited's tendered price of $213,209,81 including G.S,T, be accepted for Guide Rail Systems / Contract No, 1999-07 per the proposed 1999 Capital Program, RESPECTFULL Y SUBMITTED MARK NALD CHIEF ADMINISTRATIVE OFFICER 29 CLAYTON D. WATTERS, MANAGER ENGINEERING SERVICES 9907,doc GUIDE RAIL SYSTEMS CONTRACT NO. 1999-07 16,1999 COMPANY AMOUNT ROYAL FENCE $213,209,81 8T, CLAIR FENCE & DECK $297,790,63 Apri REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES 1999 SUBJECT: TENDER FOR PORT BRUCE BRIDGE DECK REHABILITATION /1999-08 19 DATE: APRIL undergo a deck Introduction As part of the Engineering Services capital program the Port Bruce Bridge wi rehabilitation as required by a deck condition survey completed in 1997. Discussion/ Conclusion The Tender for this work was advertised in the London Free Press on Saturday, March 27th and Closed on April 16th, A total of 3 parties submitted tender prices ranging from $171,585.74 to $213,416,85 Price of Tender the lowest Ontario submitted Denfield Theo Vandenberk Construction InC, $171,585,74 including G,S,T, Recommendation That Theo Vandenberk Construction Inc.'s tendered price of $171 ,585,74 including G,S,T. be accepted for Port Bruce Bridge Deck Rehabilitation / Contract No, 1999-08 per the proposed 1999 Capital Program OR SUBMISSION RESPECTFULL Y SUBMITTED MAR ALD CHIEF ADMINISTRATIVE OFFICER 1 3 CLAYTON D, WATTERS, MANAGER ENGINEERING SERVICES 9908,doc PORT BRUCE BRIDGE DECK REHABILITATION CONTRACT NO. 1999-08 1999 COMPANY AMOUNT THEO VANDENBERK $171,585,74 FACCAINCORPORATED $188,266,50 KKN BUILDERS INCORPORATED $213.416,85 16 Apri REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES 1999 SUBJECT: TENDER FOR KINGSMILL BRIDGE /1999-09 19 DATE: APRIL Introduction As part of the Engineering Services capital program the Kingsmlll Bridge will be replaced to accommodate traffic loadings of the Bridge Code and the future reconstruction of Springwater Road, Discussion/ Conclusion The Tender for this work was advertised in the London Free Press on Saturday, March 27th and Closed on April 16th, A total of 4 parties submitted tender prices ranging from $323,071,66 to $389,527,62 66 Price of $323,071 Tender Ontario submitted the lowest Lucan Reymer Construction Ltd including G,S,T, Recommendation That Reymer Construction Ltd.'s tendered price of $323,071.66 including G.S,T. be accepted for Kingsmill Bridge / Contract No, 1999-09 per the proposed 1999 Capital Program. 9909,doc OR SUBMISSION MARK MCDONALD CHIEF ADMINISTRATIVE OFFICER 33 , RESPECTFULL Y SUBMITTED OmÆL~ CLAYTON D, WATTERS, MANAGER ENGINEERING SERVICES KINGSMILL BRIDGE 16,1999 COMPANY AMOUNT REYMER CONSTRUCTION $323.071,66 FACCAINCORPORATED $360,145,95 ELGIN CONSTRUCTION (969774 ONTARIO LIMITED) $388,356.43 KKN BUILDERS $389.527,62 , Apri REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES 1999 SUBJECT: MUNICIPALITY OF WEST ELGIN REQUESTS THE TEMPORARY CLOSURE OF COUNTY ROAD #103 (FURNIVAL ROAD) IN THE VILLAGE OF RODNEY 19 APRIL DATE the Village requests the temporary closure of Furnival Road in Elgin West Introduction The Municipality of of Rodney Discussionl Conclusion The Municipality of West Elgin requests that Furnlval Road be closed on Saturday, May 29 1999 from 8:00 a,m, to 1 :30 p,m, for the purposes of the Tiny Tots Co-Operative Nursery School Annual Trikethon to The County of Elgin has a policy on temporary road closures which requires the municipality · Provide general liability insurance of $5,000,000.00 and the County of Elgin be named as additional insured, That the municipality be responsible for a safe detour. The municipa and equipment to maintain a labour materials · road closure, the the County harmless during to hold ity agrees · Recommendation That a by-law be passed to temporarily close Furnival Road (County Road #103) from Moriah Street to Victoria Street in the geographical location of Rodney in the Municipality of West Elgin The road closure shall be on Saturday, May 29, 1999 from 8:00 a.m, to 1 :30 p,m, for the Tiny Tots Co-Operative Nursery School Annual Trikethon, Provided that the above requirements are met to the satisfaction of the Manager of Engineering Services APPROVED FOR SUBMISSION RESPECT FULL Y SUBMITTED MARK ALD CHIEF ADMINISTRATIVE OFFICER 35 CLAYTON D, WATTERS, MANAGER ENGINEERING SERVICES REPORT TO ELGIN COUNTY COUNCIL 13, 1999 Homes Report #1 for Apri Marilyn Fleck, Director of Homes and Seniors Services From Terrace Lodge Auxiliary - Annual Report 1999 10, March Subject: Date: Introduction/Background The Auxiliary has provided to Administration and the Committee of Management a written report on their activities during the year. The Auxiliary of Terrace Lodge is a very active and committed group of individuals, Discussion The following synopsis is provided for members of Council as information, The Auxiliary has provided the following on-going programs for the residents - monthly birthday parties including entertainment, fruit baskets and birthday cake; Secret Friend Program to link residents with an Auxiliary member; fresh flowers on the diningroom tables for Mother's Day and Christmas cards and New Years tray favours, During the year, the Auxiliary worked tremendously hard on fund raising activities including Dessert Card Party, Yard and Bake Sale, Beef and Pork Barbecue, Penny Sale and Hollyberry Tea, Craft and Bake Sale. The Auxiliary donated $5,000 to the Home for the purchase of new beds and as well has provided the maintenance of the flower bed at the front of Terrace Lodge, Conclusion The Terrace Lodge Auxiliary, with a membership of 41 have proven to be a valuable asset to the Home's operation, These individuals give freely of their time and talent to brighten the days of the residents, We, the staff, are very grateful that the Auxiliary has supported many of the programs and activities to benefit the residents. 36 REPORT TO ELGIN COUNTY COUNCIL Homes Report #1 for April 13, 1999 - page two From: Marilyn Fleck, Director of Homes and Seniors Services Subject: Terrace Lodge Auxiliary - Annual Report Date: March 10, 1999 Recommendation: THAT Council receive and acknowledge the Terrace Lodge Auxiliary Annual Report and that a congratulatory letter be forwarded to the Auxiliary, Respectfully submitted: Approved for submission: ÎJ¿~~ t!J,{) Marilyn D. 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'l1~~_4' --du. ~ ~ .~ , ~ ~ S¿ .-L~ -vi. ~ ~-'U ~ ¿-~~ ..-d-&. . ~ LJ ....-u<".A -/ ,~ -a C! 4, ") /l;A:~, _~ I /~6- ~~ " /~ ? Þv~~-z-~ :¿...?¡ ?¡.4.- 4 ~ --z'¿ ..£.-Aj ~ ~ - ~ .--? .~~~~- ~~~.£-~ f~~ -d,.~iJ ~?3-~~. ~ ~~.~~£~ ,--ó' QÆn /i-<!Ä.~ ~~~: ~([)d~ ~~J~'~ ~~~~~~~ Qc~ ~ ~~ --zl4~71,}I'A:'¿ ~._~. . ~~-~~ ~/¿¿.~u- ~----é.;:ý;~ ~~ ~~~A-~~J'l,~~ ß~ ~ --u ~-,;& ~-é-u/v.~ -~,.--c-<rk ~ :<:J~ ~¿.-ù~ N~c) .~.--du -~' ~ -~~~~~~..4A-vLé~ ~~ .~~ ...AA/'1 ;¡ .~..A ~--Þc.-Æ~~ ~ ~ ~C-CU~,~~ -C¡-d~ ,~~ ~~Þ.v þ~~~, ß~;?~~ ~~.~_ ~~L4V~ .~ ~~ 4r~~ --I '<4 ~. --d- -/~ ~,:Jf¿ /~ ~ ~<4¿ 10 ~ _-ðn£~. ~-,_~ ~~ ~ -d--u ~~-¥-..-?C ~~, 2k.~. ~ k¿. ~J f--< ~ ¿I- -.L / _ '-.+ J'/J'. ' ~----e(4~. ~ ~~L¿7 -0- /Ý:? a/t/7 ~~ ~ ' Jh ~. ~~~~ ~.--/~~~ -11 ~ -yo ~~ . ~~~~---t¿J~£ ~ ~~.- : ¿¿-rid --vw_ ~. , , REPORT TO ELGIN COUNTY COUNCIL Homes Report #3 for April 27, 1999 Director of Homes and Senior Citizens From: Marilyn Fleck, Elgin Village Project Settlement for Associated Costs 14,1999 Date: Apri Subject: Introduction/Backaround We were advised by the Ministry of Health that costs associated with the Elgin Village Project (which was cancelled) would be considered for funding as abandoned redevelopment costs, A letter was forwarded to the Long Term Care Area Office with a breakdown of those identified costs incurred in the amount of $304,257,86 for consideration by Capital Services of the Ministry of Health, Discussion/Conclusion Today, a letter was received indicating that a payment of $200,925,00 has been approved and will be processed within three weeks. Since these costs have been paid through the Homes operations, and as well we are embarking on a project for Elgin Manor, we believe it would be prudent to reserve the $200,925,00 for the Elgin Manor building project. Recommendation THAT the Director of Finance be authorized to establish a reserve account for the $200,925,00 to be utilized for the Elgin Manor project, Respectfully submitted: Approved for submission: ~ aid, Chief Administrative Officer 38 Marilyn D, leek, Director of Homes and Seniors Services REPORT TO ELGIN COUNTY COUNCIL 27, 1999 Homes Report #5 for Apri Director of Homes and Senior Citizens From: Marilyn Fleck, Hot Food Cart Surplus Equipment - April 19, 1999 Subject: Date Backaround/lntroduction Council directed that the surplus Hot Food Cart from Terrace LOdge could be advertised for interested parties to submit their bids. Discussion/conclusion: We have received the following bid 100,00 $ Sparta Kathy Somerville, R. R. #1, Recommendation THAT the bid of $ 100.00 from Kathy Somerville be accepted and that the Director of Homes and Seniors Services be authorized to release the equipment to the bidder. Approved for Submission: 39 Respectfully submitted: REPORT TO ELGIN COUNTY COUNCIL Homes Report #2 for April 27, 1999 From: Marilyn Fleck, Director of Homes and Senior Citizens Subject: Staffing Enhancements - Adult Day Program Date: April 12, 1999 Introduction/Backaround: The Ministry of Health provided additional funding for the Adult Day Program which is operated from Terrace Lodge, Bobier Villa and Valleyview, This additional funding is provided to accommodate expansion and enhancement of the services provided, Discussion/Conclusion: Currently, the program operates two days per week at Terrace Lodge and one day per week at Bobier Villa, We have identified the need exists for Terrace Lodge to expand the program for an additional day per week, however, there does need to be staff enhancements in order to provide appropriate programming, We have identified the need to provide for a Personal Support Worker for 24 hours per week at Terrace Lodge, As this is a new position within the scope of the duties of the bargaining unit, there is a need to have further discussions with the Union Committee, The Day Program Coordinator has also recommended the es.tablishment of a Recreation Therapist for one day per week, Specifically, this role would provide more activation staff for those clients with special needs. 40 REPORT TO ELGIN COUNTY COUNCIL Homes Report #2 for April 27, 1999· page two From: Marilyn Fleck, Director of Homes and Senior Citizens Subject: Staffing Enhancements - Adult Day Program Date: April 12, 1999 Budget implication: The Day program budget is funded by the Ministry of Health. These enhancements have been provided in the additional funding received, and we anticipate no further costs would be incurred by the County of Elgin. Recommendation: THAT the Director of Homes and Seniors Services and the Director of Human Resources proceed with the recruitment steps necessary for the provision of the Adult Day Program positions at Terrace Lodge. Respectfully submitted: Approved for submission: ~ éJ')ul i~ld. --- Marilyn D, Fleck, Director of Homes and Seniors Services Chief Administrative Officer 41 Elgin County Counci To: Karen Dunn, Emergency Measures Co-ordinator From: (Y2K) 16,1998 Elgin County I St. Thomas Emergency Planning Preparedness Public Information Sessions. Apri Date: Re: Introduction Members of the Elgin County and St. Thomas Emergency Planning Committees have indicated an interest with respect to public education for Emergency Preparedness including Y2K issues, and how these issues may affect our communities, Discussion Elected officials and municipal staff of the City of London and County of Middlesex have been aggressively pursuing avenues to educate their public and staff with respect to these issues, to their level of preparedness, and to the preparedness level of public agencies within their jurisdictions, Members of these communities have been privy to public forums educating in areas of emergency preparedness in the home (supplies and items to consider stocking), and Y2K updates from various community agencies, Speakers at these forums include EMO, County I City Emergency Planners, Ontario Clean Water Agency, OPP, Local Police and Fire Departments, Ontario Hydro, Bell Canada, and Insurance Companies. The purpose of these forums is not to alarm the public with problems which may occur, but to reassure the public that potential problems are being addressed and the involved agencies are preparing contingency plans, Recommendation THAT Councils of the City of St. Thomas and County of Elgin approve a program similar to the London/Middlesex Emergency Preparedness Public Awareness Program, AND THAT, staff be directed to hold two types of sessions to implement this program One for Elected Officials and Municipal Staff, and a second one for the public. 4,2 Karen Dunn, Emergency Co-ordinator REPORT TO COUNTY COUNCIL Team The Management FROM: 1999 SUBJECT: REVIEW OF COUNCIL AND MANAGEMENT PROCESS 20th Apri DA TE: Introduction: Having experienced more than one full year of operation and two complete budget cycles it is an appropriate time to review the new Council and Management process which was adopted by the County's Restructuring Implementation Committee. 1998: replaced by a Committee of The on January 1 st, took effect The Standing Committee system was eliminated and Whole Council format. that the following changes recal To recap, Council wi 1) if reqUired) to conduct business in a Council meets twice monthly (and more often timely manner, 2) All information is presented to the Management Team and thence to Council, in the form of a recommendation in a written report, The CAD insures that any changes to the reports suggested by Management are included in the final report to Council and approves all reports on behalf of the Management Team, 3) the It should be emphasized that these changes were introduced as a method of dealing with new and different responsibilities, resulting from restructuring and Local Services Realignment in an efficient manner. Note: with a number of Discussion: In Management's view, the new system is both effective and efficient benefits, some of which are described below, A) There is a clear and unambiguous distinction between policy and administration, whereby Council sets policy and staff implement it. Staff are free to provide professional advice and expertise to Council and are not encumbered by political considerations, Yet Council is able to make final decisions based on political choice and factual information. It is a very workable and healthy relationship, There is a real sense of "Team" where staff participate with Council in all corporate matters, not just in their particular area of specialization, Staff believe they are partners with Council in the stewardship of County business but clearly recognize that Council is the final decision-maker. A·') ~.J B) 2 All members of County Council are involved in evety policy decision required. In the past, it was widely believed that Council decisions were heavily influenced by the former Corporate Services Committee, Those who were not members of Corporate Services claimed they were less informed than those who were members, That perception has been eliminated to great effect and has helped build a collegial atmosphere at the Council table, C) The Committee of the Whole Council is an effective method of debating issues in a committee-like format with relaxed rules of procedure and open dialogue. Counci always has the option of deferring items of a contentious nature or those that require discussion to another meeting, if more time is required to fully debate an issue. D) By reviewing each others' reports, the Management Team operates with checks and balances, ensuring that policies are implemented consistently across all County departments. Moreover, department heads gain a valuable understanding of the entire County Corporation, a broader view of operations. This leads to better Management recommendations, since everyone has input and reviews the recommendations to Council. E) Since all information is presented in a standard written format, usually with a recommendation, Council business is streamlined and efficient. Many items, particularly of a routine nature, can be decided quickly since all pertinent background information is provided in advance of the meeting, F) Conclusion: The new Council/Management system of conducting County business is highly effective and a definite improvement over the previous protocol. All members of Council are equally informed; staff are able to focus on providing sound advice based on factual information without political influence; reports to Council are standardized and meetings flow efficiently; and, perhaps most importantly, there is a healthy respect and understanding ofthe roles of Council and staff - the atmosphere invokes descriptions such as "team building", "camaraderie" and" a partnership", As a Management Team we feel privileged to be a part of this new method of conducting business. Recommendation: nformation s Counci received and filed for That this report be ALL of which is respectfully submitted 44 Administrative Officer Team Mark G, for The Management 1999 COUNCIL CORRESPONDENCE - APRIL 27TH. Items for Consideration Kathryn J, Vout, Town Clerk, Town of Grimsby, with a resolution requesting the Provincial government to encourage newly educated doctors to set up practice in the province and to look into the availability of immigrant doctors, (ATTACHED) 1 Jim Flaherty, Minister of Labour, regarding unfair competition of construction jobs between Ontario and Quebec, (ATTACHED) 2, James Taylor, Mayor, County of Prince Edward, with a resolution petitioning the Province of Ontario to introduce a funding formula for municipalities participating in recycling programs, (ATTACHED) 3, regulatory changes the proposed Walter Press, asking Council to oppose to the Tobacco Act. (ATTACHED) 4, the Judith Muncaster, Town Clerk, Town of Oakville, with a resolution concerning the protection of municipal and community investments with disposal of school sites (ATTACHED) 45 5, Page ElEI3 p, 02 Clerk - CDunty Dr El 91 1 519 [,33 7[,[,1 FAX NO, 4169716 TOWN OF GRIMSBY ASSOCIATIon OF?-) PM AMO EST 39 05: El3/31/99 23:59:2[, MAR-31-99 WED TE~EPHONE: (Ø05) I14S'¡¡634 FAX: (90S) 945-5010 P,O. 60. 159 GRIMSBY, ONTARIO L3M 4G3 PLEASE REFER TO FILE NO. OFFICE OF THE CLERK I<ATHRVN J, VOUT, A.M,Q,T, March 30,1999 TO: , ALL MUNICIPALITIES IN THE PROVINCE OF ONTARIO: , RE: SHORTAGE OF FAMILY PBï 11111 following is a ~py of a resolution adopted by Grlmsby Town CoUIlQit at its mædng an Mlu'ch 29, 1 ~199, We \IvOuId appreciate your Council' s ~Dsideratian and support, "WHEREAS there is a &bnrtage of 94 funùly physicians in the Niagara Region a.g defined by the Royal College of Physicians and Surgeons standanIs; and WHEREAS the Wœt Lincoln Memorial HospitaJ, whicit gelYCS Westmn Niagara has ideotific:d that due to thi!I shortage and future retirements, in JUDe of 1999 the hospital will be uœblc to support its anesthesia roster without an additional GP Anesthetist; and WHEREAS the ~ ofnew and current citmms of our COJDlDU!Iitics to find a :IàmiIy physician I'eS1.11t$ in the inappropriate use of emergcney rooms for prinlary care; and WßEREAS the munieipalitics ofGrimsby, Lincoln and West T ;neell!. have tceenrly pa.mwm.'l wi¡¡ West Lj¡¡~1n Memorial Hospital and area physician pJ1lC1Ìœs to o£Ièr significant £uaucìat illCel1tives, using taxpayers' money, in an effort to attract funúly physicians to the ccmmunitics; 3Dd WHEREAS there is concem 3Çross 1be Provinee that newly educated doctor.¡ are leaving the Province of Ontario 11> j¡¡Jœ up practice in another plQVince or çoUlIb:y; and WHEREAS the cummt regulations f~ by doctors ttaimxl oversÐl:S and in the UniIed Staû:s who seek to þrllClice in Canada may be prohibitive resulting in qU3lificd doctor> peñonning unskilled jobs to earn a living while the Province is fucing a significant shorfnge of q~ doctors; NOW TflBREFORB BE IT RESOLVED That the CDWlciJ Dfthe Town ofGrimsby requllSlS the Provinœ of Ontario to take rteps to limit the exodus of newly educah:d doctaæ from the Province and 11> rccogh.Ì2e the humm resQU.tccsilvailabIc amocg immigrant doctors; AND FURTHER. that this resolution be sent to the Premier of ODlario, the Minister of lkaIth, the Minister ofMunícipa! AfWrs, the local Member of Provincial Parlia",,,,,,, the Association of Municipalities of Oowio and allmunicìpaiiries In the Province of Ontario fur their support, J~ // / !/~ A, ,C,T 46 This material is provided under contract as a paid ser_ice by the originaling o1'gal\izaHon, und does not necesst,rily reflect the views ol'posilions or the Associ.tion or Munidp.lities of On{,lrio (AMO), its subsil1iftry compani~$,' of~~~~, d.ircdors ur agent'li. ~ OnlarlO 416-863-2101 Please Call The County of Elgin Hem. Jim Flaherty L'hon. Jim Flaherty In Case of Transmission Difficulties Please Deliver To Minister Ministre Mínistère du TravaJl 400, avenue University 14" "tage Toronto (Onta'io) M7A 1T7 Tél, (416) 326-7600 TOlóc: (416) 326-1449 Ministry of Labour 400 University Avenue 14th Floor Toronto ON M7A 1T7 Tel: (416) 326-7600 Fro" (416) 326-1449 1999 April 1 Broader Public Sector StakehOlders To Dear Sir/Madam I am writing to you and other broader public sector leaders in our hospitals, schools, and municipalities to ask for support, I need that support to help protect the working men and women of the construction industry in Eastern Ontario from unfair competition in essence, to fight for their right to jobs In December of 1998, Premier Harris came to ottawa. He came to talk about the need to create a level playing field in the competition for construction jobs between Ontario and Quebec. The Premier then spoke of a situation where six times as many Quebeckers were working on the Ontario side, as ontarians working on the Quebec side The Premier said then that if Quebec had not removed the key barriers to Ontarians getting constrUction jobs in Quebec by April 1, 1999 the Ontario government would act, After three months of intense but largely unproductive discussions. the barriers were still not down Ontario had to act It did We have launched an enforcement crackdown in Eastern Ontario to ensure that everybody working in Ontario plays by our rules, And we have passed directives that mean Ontario government ministries and SChedule 1 and 4 agencies are not allowed to award construction contracts to companies from Quebec In the interest of Ontario workers we encourage you to join tne fight for fairness and follow the Ontario government's lead and voluntarily stop awarding construction contracts to companies from Quebec 47 Let's be clear. The issue is one of fair access to jObs for Ontarians, since that access has been denied, Ontario has no choice but to mirror the impact of the restrictions Quebec has imposed I ask you to join us in supporting Ontario jobs. Your active support in our battle for fairness will make a difference. Sincerely, j;lahertY Minister of Labour X99-0091S 48 Page B02 01 P EI ~Ierk - ~ounty of 4169716191 519 fJ33 7fJfJ1 FAX NO. 1 ASSO~IATIOH OF?-) AMO 0:49 AM EST 12 APR-07-99 WED B4/B7I99 22:3fJ THE CORPORATION OF THE COUNTY OF PRINCE EDWARD -+1---1999 No. Resolution of the Municipal Council Dated March 8, 1999 Rutter Seconded by: Glendon Gl:-een Robert Moved by: WHEREAS on October 7, 1998, the Minister of the Envirorunent announced a plan to expand and improve the Blue Box program and increase waste diversion in the Province; AND WHEREAS tlús plan will see the formation of a Waste Diversion Organization in 1999 to provide the municipalities with the tools to reduce the cost of their recycling programs; are underway with industries to obtain their that AND WHEREAS the negotiations financial support is on AND WHEREAS funding to municipalities will be contingent on prescribed efficiency standards, waste diversion targets, and full compliance mth recycling regulations. NOW TIIEREFORE the Council of the Corporation of the County of Prince Edward petition the Province of Ontario as represented by the Min.istry of Envirorunent to reconsider the initiative to enlist the voIWlIary financial support of the materia! generating indLlStries, and introduce a provincial funding formula that is fair and equitable for all participating mWlicipaJities, AND FURTHER that this motion be fOIWard to the Association of Municipalities of Ontario fOf circulation to all Municipalities within the Province of Ontario for their support and endorsement. . \ ~~~ r!() } (; A I-.¡¿ Q.C MAYOR JAMES TAYlOR This material is provided under eontr..t as a paid service by the originating organization, and does not necessarily ren..t the views or position.~ of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents. 49 ~ 2..3/7'1 l._--- ~ - /'~...~...~..~..~ ~~~~....Q"":Y-'.: ~'n .~.. ...~~ --Z:~~n~ 2n.j._ ~_Zn_7'::jf·.J,__4-- ~-'" ...,,~~.\ '\ ("\.. ~f.c- ;¡;'.. -.. If:., :.. .." .. '\ """. (, ~II (. .',~. t'~ \/.1 , II I ¡ - 1v-~ 32... ë~ CJ~ ~G~ N-!'~/-I $'Lfh ~. , .~~. :~~~= ~.~ ~. C5~.~~.~..~ .~.~~ =«-~~.-/-~~~...- .~,...~~~~~~.__.._-- ..~ _. ....__.___..........mn. ............._... _.____...____...__...______.__~___ __ ___._._.__.~_ __ _.._._~.___._ _ _____ __._____'_n____"__.u._ ., 'U"___' _.._...._.__.~.______._~..._. "._.n ___.__...._.,.".,,".._'"___~__..,..____.__.__ -=~ ~~_~:,~I~~ =... -~~-_._-=~~''''".. .~-,~" ""--~ ~.~.'-~--;;L..~~k~ .d~.:;¡;¡ ....."" L~- ~·,~ff~~~~ ~~ a_4_.u,,'~.-_~~_~.~~ ~~~-- ...____.___.____0_._._____._ ..____._..___.____._____..~_.~_.____.__..__._..__._,._.__~.______.__.~_.__m_._·'__··____._·________ ~.___.__.____.____.__. ~;=#=~~-~~ ~ f'::~, J' ~..........~-:.~:~__.~..~_-..~_m_-·~-=~·~~O-~·y::;:¿ ~.=~~::_:=: (~ ) 33-:::: ~."~_ Page BB2 01/01 p, Clerk - County of E 4169716191 1 519 633 7661 FAX NO, ASSOCIATION OF?-) AMO 05:07 PM EST 1!4/12/99 22:3B:23 APR-12-99 MON CORPORATION OF. THE TOWN OF OAKVILLE 1"8TRAFA!.IJAR ROAD "'.0, BC)( '10 OAl<VILl~, ONT'~IO CANADA l6.I ue Tl!L!ÞHONtt: 19ß5I04!oßÐðl THE I \,)AI"VL.a.~ O$I'",,¡uu 1999 1 Apr; OntarlD TO: All Municipalities Within The Province of Halton District Sçhggl Bgard Schaal Construction, Consolldntlon/CloQure and BDundarv MDdlflcatlons ReþD SUbJect Please be advised thai at Its meeJ:lllg held on March 22, 1999 Oakvllle Tawil Counci approved the following resolution of the Community Services commIttee resulting from Its meeting held on March 9, 1999: That the Halton District School Board be requested to address the Issue of protecting municipal and commutlity group investments on Board property which may be disposed, to identify how municipal and community group If school sites are to be disposed. That the Province be requested Investments are io be protected 2, That the Town contact other municipalities In the Region and Þrovlllce alld request that tney also contact b01h the provInce and theIr local Board seeking clarification on how municIpal and community groups' Investments on school sites to be disposed, will be protected, 1, 1999 from 3 be received. That a oOPY of this report and Council's resòlutlon be forwarded to Gary Carr, MPP, Oakvllle South and Terenoe Young, MPP, Halton Centre," the Legal Department That the report dated March 4. 5. Accordingly, I draw your attention 10 Recommendation #3 In particular, and ask that your mUlllclpallty contact both the provInce and their locall3oard seeking clarification on how municIpal and community groups' Inv6stmellts on school sites to be disposed, will be protected. ,: Should you have any Cuestlons regarding the above-noted recommendation or should you reCuire further Il1fortnatlon, please cOl1tact Mr. Bob Perkins, Director, Parks and Recreatloll at (905) 845-6601, em, 3112. <:' 1 5 .~------ .., This material is provided under conine! as a paid service by the originating organization, and does not necessarily reflect the views or posi!ioJL' of tbe Associalion of Municipalities of Ontario (AMO). ils subsidiary companies, officers, directors or agents, Ikp 1999 COUNCIL CORRESPONDENCE - APRIL 27TH, Consent A Items for Information - (ATTACHED) Marc Lerman, President, Archives Association of Ontario, announcing the 2nd Annual Archives Awareness Day on Tuesday, April 6th, 1999, (ATTACHED) with a thank you card Rob Bel 1 2 Older Ken Verrell and Shirley Roach, Co-Chairs, International Year of the Persons-Elgin Community Committee, thanking the County for their donation to assist in the funding of events this year. (ATTACHED) 3. Larry Keech, Chief Administrative Officer/Clerk, County of Lennox & Addington, endorsing the County of Elgin's resolution concerning revenue from road user tax fees, 4, Jim Janse, Director, Southwestern Region, with the membership status of the Appointed and Interim Public Members on the Green Lane Landfill Public Liaison Committee. (ATTACHED) 5, 1999 Municipal Association of Ontario Road Supervisors. announcing the Trade Show, (ATTACHED) 52 6, ARCHIVES ASSOCIATION OF ONTARIO L'ASSOCIATION DES ARCHIVES DE L'ONTARIO rn;p'717nWf'c n I II L. ,. ',' L... II Ii 30 1999'1/1 '1 .u LJ ¡. '. r'-"·",; J. I WLi L, L':; 1999 March 19 MAR \---" . ~ . . ~ . " ~ The Archives Association of Ontario (AAO) is proud to announce our 2nd Annual Archives Awareness Day, this Tuesday, April 6th. As you may already know, our association represents over 250 individual archives right across, the province. And, like yourselves, we too play a vital role in preserving, educating and maintaining Ontario's heritage, Dear Librarian Friend The AAO promotes the preservation of not only invaluable historical and genealogical resources, but documentation that protects the individual and collective rights of all Ontarians, Last year brought substantial municipal restructuring changes to many archives, It is our hope that, with your support, this special day will help people recognize the importance of their local archives. In this package you'll find our poster entitled "Will we have all the pieces?", It urges people to be aware that all records, whether they be municipal, organizational, or corporate, need to be properly stored for the future. Please place it in an area where you feel it will be seen and commented on. If you are not in a location that has an appropriate site, perhaps you could pass this information along to another institution that you feel is relevant. For further information please contact the AAO office at 905-792-1173 or visit our website at http:\\www.fis.utoronto.ca/groups/aao With your support we can ensure that we truly will have all the pieces for the future Thank you for helping us promote archives in your community, Sincerely i"L~~ Marc Lerman President ~ItHnterlOg, com PO Eox L!EOC9. Cci:~~~ ParK POSe Office. 444 Yonge Street Te¡-::::,.::::. Gntano MSE 2L8 Canada ~,,'o<roro (Co,-::;, -/G'/..1 < _I'=< F~x (005) 702-2"'"::0 J...,,-,-, , I.... -,v.... < ~L. I ~. '"" ~ ~........., ¡:',\h¡!''''''''''''ro;",,,,,,,,,,,,,,,,,,,, '- ,v...... " ^""",A<~;:,J.",^,Kþ..-rc.",'I'<N.."- ARCHNES ASSOCIATION OF ONTARIO L'ASSOCIATION DESARCHNES DE L'ONTARIO Immediate Release For PRESS RELEASE March 24, 1999 This April 6th, Take a Peak Into History's Closet with Ontario's Archives Awareness Day. Thisyear marks Ontario's 2nd Annual Archives Awareness Day, Established by the Archives Association of Ontario (AAO), this day provides a unique opportunity to discover the past and is meant to heighten the public's awareness regarding the importance of maintaining archives. With over 250 archives as active AAO members, Ontario has a substantial, and vibrant archival resource, The AAO promotes not only the preservation and use of invaluable historical and genealogical resources, but documentation that protects the individual and collective rights of all Ontarians, As Marc Lerman, President of The Archives Association of Ontario, is quick to point out, "1998 brought municipal restructuring changes to many archives, It is our hope that with this special day people will recognize the importance of their local archives and support the work done by them, It there's not an archives in your area we urge you to ask where and how your local records are stored" To discover what archives related events may be taking place in your community, or to receive an information kit complete with a poster, please contact: Marc Lerman, President, The Archives Association of Ontario: 416-934-3400 ext. 505, For additional information on the AAO please visit our website at http:\\www.fis.utoronto.calgroupslaao. -end PO Box 46009. College Park Post Office, 444 Vonge Street Toronto. Ontario M5B 2LS Canada Telephone (905) 792-1173 Fax (905) 792-2530 E-Mail: ~~XJOCiIaao@interlog.com 55 ONThR):O ""-""""".''''''''''~-''''''''''';': {':E\)(·;"!'~··J~:¡~r ~' "~\llti ¡ A PROVINCE FOR ALL AGES '>t ,i' .,' f, '\t ~êt ¡ 1999 [J,¡: El.a\'l¡j ntf.l;;t:¡t '-.........._"*""" ~ International Year of Older Persons Elgin Community Committee c/o 542 Talbot Street, St. Thomas, ON, N5P 1C4 Telephone 4# 519-631-0666 or 1-800-265-7638 Facsimile 4# 519-631 ;.9478 31 March 1999 County of Elgin Administration Building 450 Sunset Drive ST. THOMAS, ON N5R 5V1 Attention: Rien Van Brenk, Warden and Council ME Dear Sirs: The Elgin Community Committee for the. International v, wishes to extend a warm thank you to the Elgin County Council for the kind donation provided to assist with funding events and awareness in the community during this year of Celebration, The "Celebrating Seniors Showcase" held on 10 March at the St. Thomas Seniors Centre was an enjoyable evening for all. with many of our senior members being recognized for the Important roles they play in our lives. At present the committee Is moving forward with the planning of the "Celebration in Pinafore Park" set for 14 July 1999, This event will be a wonderful day for not only seniors, but other members of the Elgin community, Seniors from all over Elgin County are invited to attend this event. The committee is planning many special features, such as entertainment, craft displays, and physical activity, We hope to see our Council members attend this event. as again, the main theme for the day will be to recognize and celebrate the contributions our senior population have made and continue to make to our communities. You should also be aware, one member of the St. Thomas - Elgin area was nominated for an International Year of Older Persons Award, through the Ontario Government. This award was presented on 26 March 1999 to Mr, Lome 5Dicer of Shedden, ON. Mr. Spicer was recognized for the many contributions he has made for the benefit of natural resources within St, Thomas and Elgin County, /2 5;6' With your committee during this International Year. n PETER NORTH, PAGE # 2 I, Y,O,P, - ELGIN COMMUNITY COMMI7TEE 31 MARCH 1999 Once again, we thank you for assisting our assistance, Elgin is truly" ELGIN M,P,P" I Sincerely I, Y,O,P, - ELGIN COMMUNITY COMMI7TEE ¡J¡/~ Ken Verrell Co-Chair 57 crhz E&OE County oj Lennox & Addington Administration & Finance "'_. _:-,. ".. _....':'..w.....___..:~.. .._...... ...... ! iICt.:;.n..:'a~:i!~t¡·~\VJ'~1;'¡ll·~¡ 'f. . ". ~ i!;m ,-ø ~W~',T '<;¿¡, \ú' I\i d" \, I ,~, '''"\1'''' ,) ,.¡j., :1 i:",þ> >¡",' U ~:þ" i APR 'i ¡Ç99J' ""11"',""" M'<".'''''' .' "U~";"L' t:¡ .¡"f! t'JLGr~ .__-lli;£}~Si;t$ -.1iß:,t'ffi{" '". '. 19990330 County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Sandra I Heffien DeDuJv Clerk Attention: Heffren: Dear Mrs. Revenue from Road User Taxesaud Fees Please be advised that the Council of the County of Lennox and Addington approved the following resolution at its regular monthly meeting, held March 24, 1999 Re: "That the February 17, 1999 resolution re: Revenue from Road User Taxes and Fees (County of Elgin), be endorsed. " CARRIED (signed) Warden Gordon Schermerhorn Larry Keec. Chief Administrative 0 lcer/Clerk Sincerely, 1000, NAPANEE. ONT. K7R 3S9 FAX: (613) 354·3112 COURT HOUSE: 97 THOMAS ST. E.. POSTAL BAG (613) 354-4883 TEL: /sa Mlnlatàrede l'Envlronnement 669, chemin Exeter 2e .tage London ON N6E 1 L3 619-873-6000 Mlnl.try 01 the Enlllronment 669 Exeter Road. 2'" fir, London ON N6E 1 L3 619-873·6000 ® Ontario /'., File No. 1]l[f@Ïa'~[® \ APR 8 19~9 cœ~MTV OF MN ',..,"'...".... ".'.''''!"'.". !7;<;,"--!~W.f<'!"';. ~.~~ March 31,1999 Mrs, Valerie Cron Chairperson, Green Lane Landfill Public Liaison Committee 6596 Mill Rd" R.R. #2, Port Stanley, ON N5L IJ2 Dear Mrs. Cron, RE: Membershiv ofLPLC Further to the Terms of Reference established for the Green Lane Landfill Public Liaison Committee (LPLC) on January 27, 1999, I wish to report to you the membership status of the Appointed and Interim Public Members. Appointed Members Owner - Anne Hiscock, Manager of Environmental Affairs - Bob McCaig, President, (Alternative) Township of South wold - Perry Clutterbuck, Mayor City of St. Thomas - Peter Ostojic, Alderman County of Elgin - Justin Lawrence, Construction Technician Township of Middlesex Centre Bob Turow, Public Works Superintendent -1- 58 Ministry of the Environment " Dave Thompson, Provincial Officer Dumping Southwold Against Connie Drew Nation Oneida First 1999 membership to be reviewed at Council meeting of April 6, InterimPubli~ Membl:U The following individuals have advised that they wish to continue representing the public: Ron Baxter Elsie Hutchings Roy Henderson Don Thornton requesting that arrangements be made to resume regular meetings of the LPLC Any questions on this matter can be directed to D,J. Thompson 519-873-5029 or to Tim Little, London District Manager, at 519-873-5031 am At this point I Yours truly, run Janse Director, Southwestern Region 59 -2- 1. Beaton, Secretary, LPLC Appointed and Interim Public Members G:\users\THOMPSDAIAlJI1!ORS\03300 l.wpd cc: 1":;;:~J..,'~='t:=41lJ'JI~~wz.ci:'¡;;'=;:¡11i·;::-';:~=<JIJI:Ið:I<;¡øl\wæJ;_)1t"'¡"~':''Jt>~~~i..::';~/;;'~.;::j;".;;\r':©"",ï'"'~"i\'_V!::<-r'm:'<';;.\I'~N\'~:;;'»;:';':>"'~;/lm."'X,) - - ---------_..~_...._~-_..-,---- ASSOClA,TlON OF ONTARIO ROAD SUPERV~SOHS SERVING ROAD SUPERINTENDENTS, SUPERVISORS, MANAGERS AND FOREMEN IN ONTARIO "[~f.\~.1¡r~~ŒQ\~rf~ï\." ¡¡\jP",,;}Þ ~ U "1 APR 12 1999 1999 Mayor and Members of Council Warden and Members of Council Reeve and Members of Council April 5 Dear Council: ASSOCIATION OF ONTARIO ROAD SUPERVISORS 1999 MUNiCIPAL TRADE SHOW ODAS PARK, ORILLIA, SIMCOE COUNTY RE On behalf of the Association of Ontario Road Supervisors, please accept this as your personal invitation to attend the 1999 Municipal Trade Show, June 2 and 3, 1999, to be held at the ODAS Park, OriIlia. The Trade Show provides an opportunity for municipal employees and contractors to view products and services required by municipalities, Enclosed for Council's information is the Trade Show brochure and registration form. in We thank you for your support and look forward to seeing you and your representatives OrilIia. In the meantime, if you have any questions, please call. Yours truly, SIMCOE COUNTY ROAD SUPERINTENDENTS ASSOCIATION 1999 TRADE SHOW COMMITTEE Cecil Gratrix" Chairman (705) 534-7248 Don Dean, Chief Administrative Officer, A,O.R.S 461-1271 60 OntalïO f\JOIv1 2PO Fax: (519'i 461-1343 (519) TÌlomdale 46'1-12:'-1 129 519 POBox Telephone Encls, ts99invi.mun "FREE" ADVANCE REGISTRATION AND A CHANCE TO "WIN" A UNIQUE SURPRISE PACKAGE 1999 TRADE SHOW SIMCOE COUNTY ROAD SUPERINTENDENTS JUNE 2 & 3 ORILLlA, ONTARIO ADVANCE REGISTRATION Register in advance to avoid the line-ups and qualify in a special advance registration draw. Each. advance registration picked up will be entered into a Surprise Package Draw, One draw each day, Advance registration free; registration at gate is $5.00, Position Company Municipality or --_. Name of Registrant 1 2 3 4. 5 6 - 7, 8 9 10 Region Association or County, District ((:(Q)[Pl( FYI ílH5 ~ùAS 5£N1DUí íO ALL C-OWE(Z-í¡6R ft-""DM ¡ IV \ SÎRAíD Rje-L£RKS 1999 20 Apri Dear: Reporting on County Road Maintenance In order to keep financial control on the maintenance activities, County Council requested that all lower tiers provide quarterly reports to the Manager of Engineering Services, This invaluable information would assist in the financial planning required to monitor the maintenance' activities for the comparable services provided by the lower tiers, The data wi help County Council ensure that suitable monies are available to maintain the system throughout the year, Re: Financial County Council is appealing for your assistance in the timely reporting of this information. It would be appreciated if your reports were submitted to our department within thirty (30) days after the end of the first, second and third quarters. The year end reporting shall be delivered within sixty (60) days following year end, A compilation of these quarterly and year end reports will then be reviewed by County Council. truly CLAYTON D, WATTERS, BASe" p, Eng MANAGER, ENGINEERING SERVICES Yours thank you in advance for this Information CW:kab bcc: County Counci -- SUGGESTED ORDER FOR SPEAKING ON THE DRAINAGE ISSUE erintendents Deputy Mayor Graham Warwick - wil present a summary of a drainage document Elgin Municipalitity of West Tier Lower 1) Ralph Beharre Lloyd Perin Don Weir Municipality of DuttonlDunwich Township of Southwold - Municipality of Central Elgin Township of Malahide - Town of Aylmer - Municipality of Bayham Drainage Superintendents' Association of Ontario Dennis Shand Mr. Ron BUIS, President Christian Farmers' Federation of Ontario Elgin Federation of Agriculture - 2) General Manager Bryan Hal Kettle Creek Conservation Authority 3) Elgin M,P Knutson Gar 4) Ministry of Agriculture and Agri-Food Canada Christine Stoneman and Vic Gillman Ministry of Fisheries and Oceans 5) 6) n the Municipality of West Elgin, In the County of Elgin there are approximately 80,000 acres of land comprising of two villages (Rodney and West Lome) and the agricultural lands mainly used for cash cropping, In West Elgin there have been approximately 375 drains constructed under the Drainage Act. Approximately 200 of these are open drains which would cover approximately 200 miles, In 1998 the Municipality of West Elgin spent $149,000 on drain maintenance on both "open" and "closed" drains, This amount is excluding costs incurred for the Drainage Superintendent, The Drainage Act provides the legal mechanism for the construction of sufficient outlets for surface and subsurface water and provides the legal authority for maintaining a drain, The Act is administered by the Ontario Ministry of Agriculture, Food and Rural Affairs, (O,M,A,F,R,A.) The Fisheries Act is Federal Legislation that dates back to the time of Confederation, It was established to manage and protect Canadian Fisheries resources, It is binding to the Federal, Provincial and Territorial governments and since it is Federal Legislation the Fisheries Act supersedes Provincial Legislation when the two are in conflict, The effects of the drain maintenance activities on fish and fish habitats according to the Department of Fisheries and Oceans (D,F.O,) must be considered before a maintenance project is started, The overall objective of policy for the management of fish habitat is to obtain a Net Gain in the productive capacity of fish habitat. Department of Fisheries and Oceans has developed guidelines for classifying agricultural drains according to their flow characteristics, water temperature, fish species present and time since last full clean-out. There are six different classifications defined for "open" municipal drains In Ontario and generally speaking the Conservation Authorities have been delegated the authority of mitigating compensation measures on four of the six classifications of drains, with two of the classifications to be project specific by the Department of Fisheries and Oceans, The Conservation Authorities have been given the authority to approve drain maintenance under some types of drains as long as appropriate mitigation measures are utilized and this would be known as class authorizations, We believe that the majority of the 200 open drains in West Elgin, will fall into the classifications that the local Conserva1ion Authority will be able to authorize the drain maintenance, These drains can be described as permanent warm water systems that DO NOT contain predator species such as Bass, Pike, Muskie or Crappies, Under the Fisheries Act - "The harmful alteration, disruption or destruction of fish habitat" would include: 1, brushing of side slopes 2. bottom clean-outs 3. full clean-outs 4, debris clean-outs, The terms and conditions that would generally appear in the class authorization for most drains in West Elgin would be as follows: . the existing width to depth ratio of the drain may be changed to comply with the specifications of the Engineers Report - efforts should be made to keep the channel as deep and narrow where possible; · bank slopes must be grade to slope that maintains bank stability; · bends in the drain must be stabilized to prevent erosion; · vegetation may be removed from both banks, however, the vegetation on the altered banks must be re-established by replanting and reseeding - sufficient time must left in the growing season to allow time for the seeds to germinate (usually at least four weeks); · if planting a reseeding cannot be done before the growing season is over exposed banks must be stabilised by other means and replanted at the beginning of the next growing season; · in water work must be conducted during periods of low flow and may not be conducted when flows are elevated due to local rain events, storms or season flood; · all exposed soils including spoils removed from the drain must be stabilised immediately after the work has been completed - if stabilization includes the reseeding and replanting, there must be sufficient time remaining in the growing season for the seeds to germinate; · an erosion and sediment control plan showing the measures that will be used to control the release of sediment from the work area must be developed; · in stream channel flow check measures such as straw bales, silt fences and sand bags must be installed and maintained to limit downstream movement of sediment; · in water work can only be undertaken from June 15 to September 15 and from January 1 to February 28; · full clean-outs can only be undertaken from June 15 to September 15 · mitigation measures must be installed and maintained to the satisfaction of the Department of Fisheries and Oceans Some of the problems the Municipality of West Elgin would have with the above mentioned terms and conditions would be "bends" in the drains MUST be stabilized - to add rip-rap or any other stabilizing material would require a new Engineer's report causing landowners "EXTRA" costs on a drain that is less sensitive to drain maintenance, The statement "of reseeding cannot be done before the growing season is overexposed banks MUST be stabilized by other means" , would this be cost effective on this classification of drain (that is less sensitive to drain maintenance,) We are unsure what is involved in "an erosion and sediment control plan", but it is an extra to develop and possibly require an Engineer's report, which would only add more costs to that drains watershed, The requirement of in stream flow check measures is okay when there is sufficient fall on the drain and the water flows fast enough to carry sediments; at grades of less than 1 inch per 100 feet it is probably useless to install. Regarding this same point, "flow checks" are by nature supposed to hold back :¡ater- ponding water in sand ditches will contribute to unstable banks. Restricting in water working time to January and February and from June 15 to September 15, will result in at least two concerns, The first being that it will cost more for the maintenance because some equipment will have less wQrking time per year so the cost per hour will increase to pay for itself and the second concern being that work will have to go through crops with no crop damages paid, under maintenance because the work has to be done in the summer time because of snow filled ditches the previous winter. f any of the Municipal drains fall into the classification of "Permanent Flow with the temperature of the water being cold I cool I unknown with trout and lor salmon in the water" or the classification "permanent flow with warm water with top predators, bass, pike, crappies, and it has been greater that ten years " since it was last cleaned" these drains are more sensitive to disturbances , associated with drain maintenance works, These do not mean that these types of drains can not be maintained, however, more rigorous mitigation measures may be needed to be applied to ensure that these activities do not result in unacceptable effects, In some cases proponents will have to compensate for the habitat harmfully altered, disrupted or destroyed, In addition to the normal data required for drain classification, more site specific information is required to facilitate the authorization process for the above two classifications: 1, drain name and location should at the minimum include the county, township of municipality, lot and concession number - in addition to this where it is at all possible the latitude and longitude (degrees, minutes and decimal minutes) or universal transverse mercator grid co- ordinate should be provided: 2, photographs should be taken at each 100 m interval of the proposed drain maintenance and each set of photographs should consist of a minimum of three photographs; · a photograph of the drain looking upstream; · a photograph of the drain looking upstream; · a photograph of the typical substrate (drain bottom) in the area (water clarity and depth permitting . additional photographs should be taken of any note worthy features such as slumping or unstable banks, barriers to fish movement, heavy deposits of sediment, culvert, etc.. 3 a detailed description of the proposed maintenance activity, n cases where there is harmful alteration, disruption or destruction of fish habitat despite the implementation of mitigation measures, Department of Fisheries and Oceans will require the proponent to implement measures that will compensate or off set the loss of habitat resulting from the maintenance project. Some of the available compensation options are: · creating buffer zones on adjacent lands; · install rootwads which reduce current speeds, provide instream and over head cover for fish, and protect stream banks from erosion; · install rip-rap for bank stability cover for fish, rip-rap only needs to be placed to the level of annual peak flow, woody plantings may be used to stabilize the remainder of the bank; · vegetative plantings along the drain; · substrate management by increasing the amount of spawning substrate where this component is lacking; · boulder replacement in the drain create cover, resisting areas etc,,; · channel construction - narrowing of the channels to create deeper scour pools creates spawning habitat etc,; · installing floating tree shelter along with the above other compensation items could be to install hole logs, stream banks, brushing, install brush bundles, insta unker cover As you can see there are additional costs because agricultural municipa drains are now considered fish habitat. WE AT WEST ELGIN FEEL SINCE ENHANCEMENT OF FISH HABITAT (NET GAIN) BENEFITS ALL OF SOCIETY, THEN ALL OF SOCIETY SHOULD PAY - NOT JUST THE INDIVIDUAL LAND OWNERS ON THE DRAIN THAT REQUIRES MAINTENANCE. '<lIlf£ ¿!illtutticipalitlJ' of ~£zt Ilil£iu April 26, 1999 Mr. Mark G. McDonald Chief Administrative Officer county of Elgin 490 Sunset Drive ST, THOMAS, ontario N5R 5V1 Dear Mr. McDonald: The council of the Corporation of the Municipality of West Elgin passed the following resolution at their meeting on April 22nd, 1999: Properly Moved and Seconded: WHEREAS rural municipalities rely on farms as their tax base and all ontarians need a good supply of high quality, affordable food and the employment benefits this local production brings. AND WHEREAS without subsurface drainage, agriculture in most of ontario would not be economically feasible. AND WHEREAS farmers have created and paid for these municipal drainage systems or waterways for drainage purposes. AND WHEREAS these drainage Systems or waterways are now under threat from a strict enforcement of the Federal Fisheries Act by the Department Of~Fisheries and the Conservation Authorities of ontario. Fed~~1 AND WHEREAS fish habitat benefits all of society and therefore all of society should pay not just the individual land owners on the drain that requires maintenance or improvements 2 ...."r- ,..., , Drainage Superintendents Association of Ontario to document a "Drain Classification system" and will need considerable infonnation from the Drainage Superintendent. We believe that the municipality should also receive remuneration for assisting as the time of the Drainage Superintendent will be in addition to other drain maintenance R.R.# 3, Ridgetown, Ontario; activities with which they are involved. To this end, DSAO has made some NOP 2CO inquiries ofDFO without an answer at the present time. President In summary, the Drainage Superintendents Association of Ontario: * Don Lewis Township of South Dundas II SUppOrts the proposed "drain classification" to reduce the number of Phone (613)-535-2673 Pax (613)535-2099 individual references which must be made, while pennitting the timely and Past President reasonably maintenance of "municipal drains" in agricultural areas. * Denni¡¡.Shand 21 supports the concept of a single agency being responsible for overseeing the Township of West NJssouri Phone (519)-461-0750 fish habitat concerns. Fax (519)-461-1427 Vice President 31 would appreciate support for funding to the municipality to offset costs of *Henn Bennemeer the Drainage Superintendent in assisting with the preparation of the "drain Town of Dunnville Phone: (9Ð5}-774-1397 classification," Fax.: (905}-774-4294 Treasurer 41 deplores the suggested regulatory intrusion of the Federal Fisheries Act into * Gary Himer the timely and reasonable maintenance now carried out by the Drainage Township of Mersea Superintendent. Phone (519)-32&5725 Fax (519)-322-1441 Newsletter Editor 51 notes the increasing likelihood of changes being required in the current . Peter Bryan-Pu\ham drainage report and bylaw - thus placing a "fish habitat" cost on the land TownshIp of Norfolk owners covered by drainage reports in Ontario, Phone (519)-875-4485 Fax (519)-875-4789 ~ A copy of this letter is being forwarded to the agencies named in the motion . Allan Richmond given above, TOlfmshlpofO¡den Phone (Res) (613)-267-4233 The Association would be happy to discuss any further concerns on drainage Director maintenance with you. *GarlhJ. Noecker K .Smart Associates limited On behalf of the Drainage Superintendents Association of Ontario, I am Phone: (519)-74f!..1199 Fax: (519)-746-6100 YOI OMAFRA Re.oreserrtative ~ ~ Sid Vander Veen Resources and Planning Branch Phone 1-888-466-2372 OR (519) 826-3552 Fax (519) 826-3259 Pre ainage Superintendents Association of Ontario Executive Semetarv circulated as per the attached list C,C, . Ralph Clayton Phone (519) 674-3235 Fax (519) 674-5441 2 2 , Association of Ontario Drainage Superintendents [!~~lŒ@[~f[~<~~¡~~' ,)Q '~ , í999 cu{m~f'{ {j¡f illlli\1 '''''''",~ ","",>," ' "{;ir'~:_~ftil.,'!lfX~~~: APR 16 ...... 99/03/29 County of Elgin Attn. Mrs. Sandra J. Heffren, Deputy Clerk 450 Sunset Drive St.1'homas,C>nUuio N5R 5Vl R,R# 3, Ridgetown, Ontario; NOP 2CO President . DonLe~s Township of South Dundas Phone (613)-53&.2673 Fax. (613)535-2099 Your letter of November 5, 1998 noting the resolution concerning fish habitat and agricultural lands and drainage issues were reviewed by the Executive of the Drainage Superintendents Association ofOnUuio on January 26,1999 at a regularly scheduled meeting. Pleased be advised that the Drainage Superintendents Association of Ontario passed the following motion in support of the resolution; " That a letter of support be sent to Elgin County and a copy of the letter be .vent to the Ontario Federation of Agriculture, the Christian Farmers Federation of Ontario, the Land Improvement Contractor.v of Ontario, the Ministry of Agriculture, Food and Rural Affairs, the Conservation Authoritie.v of Ontario, the Ministry of Natural Resource.I' for the Province of Ontario, and the Department of Fisheries and Oceans, " 1'he members of the Drainage Superintendents Association of Ontario are pawns in the regulatory contracts between the DFO and the various Conservation Authorities in OnUuio, In recent infonnation sessions it is proposed that the local drainage superintendent work closely with the local Conservation Authority staff to develop a "drain classification" for all local drains to detennine the need to consider fish habitats, In the interim, it is understood that Conservation Authority staff and the Drainage Superintendent will detennine the need for fish habitat management on an individual drain basis - thus decreasing or limiting the ability of the Drainage Superintendent and the municipality to deal with drain maintenance problems in a timely manner to limit crop loss and drain system degradation. It is also worth noting that drain maintenance cannot be carried out by the Drainage Superintendent when improvements by way of structures to enhance fish habitat are not already found in the drainage report and bylaw. 1'0 some extent, the expected demand for improved "fish management structures" will negate the value of employing a Drainage Superintendent as the drainage report may require updating - at considcrabIy more cost and a loss of timely repair. funding the various Conservation Authorities is understood that the DFO It is * Dennis Shand Township of West Nissouri Phone (519)-461-0750 Fax (519)-461.1427 Vice President *Henri Bennemeer Town of Dunnville Phone: (905)~774-1397 Fax: (005)-774-4294 ~ * GaryH¡mer Township of Marsee Phone (519)-326-5725 Fax (519)-322-1441 Newsletter Editor * Peter Bryan-Pu!ham Township of Norfolk Phone (519)-875-4485 Fax (519}875-4789 Director * AUan Richmond TownshIp of'Olden Phone (Res) (613)_267_4233 Director * Garth J. Noecker K .Smart AssocÎates Umlted Phone: (519)-748-1199 Fex (519)-748-6100 OMAFRA Reoresentilive * Sid Vander Vean Resources and Planning Branch Phone 1...888-466-2372 OR (519) 82ß,.3552 Fax (519) 826-3259 ExecutiveSecretarv * Ralph Clayton Phone (519) 674-.3235 Fax (519) 674-5441 3 1 'j Letter circulated to the following agencies: Ontario Federation of Agriculture Attn. Peter Jeffery, Senior Researcher 40 Eglinton Street East, 5th Floor Toronto, Ontario M4P 3BI Christian Fanners Federation of Ontario Attn. E. van Donkersgoed, Research and Policy Director I 15 W oolwich Street, 2nd Floor Guelph, Ontario N1H3VI Land Improvement Contractors of Ontario Attn. V. Hammell, Secretary-Treasurer 10 Bluejay Road Elmira, Ontario r$BlJI Ontario Ministry of Agriculture, Food and Rural Affairs Attn. Honorable Noble Villeneuve, Minister I Stone Road West Guelph, Ontario NlG 4Y2 Conservation Ontario Attn.,Jim Anderson, General Manager Box 11, 120 Bayview Parkway Newmarket, Ontario L3Y 4W3 Ontario Ministry of Natural Resources Attn. Evan Thomas, Manager of Fisheries Section Fish and Wildlife Branch 300 Water Street Peterborough, Ontario K9J 8M5 4 3 Department of Fisheries and Oceans Director, Fisheries and Habitat Branch 200 Kent Street Ottawa, Ontario KIA OE6 I 'j',? .. '~,i:~r~~ ,n~ \\;l~lr!þ11r;~tl" '~/;' ;"'\~/J, "~l"\ ¡:,¡ '~&i~1 ~ ~ '~~'h,._ ,-,iP~..~ $ ViI "i~r", ¡ . t:' '~.i,1'd,j¡!l" ,. i""'~ , ¡i UI\R 22 1999 OO!1'm'Y í1f EI.mQ r;u~:s ~~ ......... ~ Minist,e de l'Ag,icultu,e et de l'Ag,oalimentai'e Quote: 512615 Minister of Agriculture and Agri-Food Ottawa, Canada K1 A DCS 1 '1 1999 !\MR Mrs, Sandra J. Heffren Deputy County Clerk County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Mrs, Heffren Thank you for your letter of January 26, 1999 requesting Agriculture and Agri-Food Canada's position in regard to agricultural land and drainage issues relating to fish habitat management. I appreciate being made aware of your concerns Dear Agriculture and Agri-Food Canada has no jurisdiction over drainage maintenance or fish habitat. The issue is one to be resolved by municipalities, conservation authorities and the Department of Fisheries ¡md Oceans, I have taken the liberty of forwarding a copy of your correspondence to my colleague, the Honourable David Anderson, Minister of Fisheries and Oceans, for consideration. Fisheries and Oceans officials are drafting drainage maintenance guidelines to be applied by conservation authorities. I would encourage you to maintain contact with your area's conservation authority to ensure that the guidelines are applied in a way that is appropriate to agricultural land uses, thank you for sharing your concerns with me Again Yours sincerely, 5 ~ ,. c,c.: The Honourable David Anderson, P,C M.P C dl+1 , ana a Ministre des Pêches et des Océans <j¡¡ Minister of Fisheries and Oceans ··I~V~.?)(~;;f:$'nW}jr~~ Jil~~~"'-1 ïJ I.t~ Ottawa, Canada K1A DE6 APR AVR APR 12 1999 CUl-ff,IlY IJ:f Et~m Ç~,~!,:r~r$ .6Jitltj 1999 7 Mrs, Sandra J, HefITen Deputy County Clerk County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Heffren: The January 4, 1999, response to your letter of November 5, 1998, addressed to the Minister of Agriculture and Agri-Food Canada, the Honourable Lyle Vanclief, was copied to me. Dear Mrs, The Federal Fisheries Act prohibits the harmful alteration, disruption or destruction offish habitat, unless authorized, In the past, the Ontario Ministry of Natural Resources completed the initial review of projects in or near water, through an interim agreement with Fisheries and Oceans Canada (DFO), The Ontario Ministry of Natural Resources would detennine if projects were likely to cause a harmful alteration, disruption or destruction of fish habitat in accordance with the Fisheries Act, These projectreviews would then be forwarded to Fisheries and Oceans - Fish Habitat Management, for review and authorization, On September 17, 1997, the Ontario Ministry of Natural Resources withdrew from the review of projects under the Fisheries Act, As a result, the number of projects received by DFO for review increased more than tenfold, To cope with the additional workload, DFO has hired over forty new staff, The Department is also in the process of signing agreements with the local Conservation Authority offices. These agreements will allow the Conservation Authority offices to complete a preliminary review on projects, and forward only those which are likely to require a Fisheries Act authorization by the Minister. Fisheries and Oceans Canada is working towards developing a protocol to streamline the review process, while still upholding the habitat protection provisions of the Federal Fisheries Act, and meeting requirements under the Canadian Environmental Assessment Act, To streamline the review of maintenance activities on some municipal and agricultural drains, DFO is in the process of implementing a process for reviewing municipal drains in southern Ontario that will expedite plauning for the drainage superintendent. This process allows work in drains containing resilient habitat to proceed, while drains containing sensitive habitat will require a project specific evaluation by DFO, /2 6 Canadã -2- This process was presented to the Conservation Authorities (CA). Fisheries and Oceans Canada is currently accepting proposals trom the CNs to classify agricultural and municipal drains that would enable the CA's to apply the Class Authorization Process to drains in their watershed, The intention of the habitat protection provisions ofthe Fisheries Act and the Policy for the Management of Fish Habitat is not to prevent farm drainage or infringe on the right to drain. Instead, it is to ensure that these activities will not result in the loss of fish habitat. In most cases, potential adverse effects resulting from drain maintenance can be mitigated through design modification, good construction practices, and timing considerations, Residual habitat impacts can be compensated through the creation or enhancement of habitat in the drain, be trust that this information will I interest in this issue, Thank you for your Yours sincerely, helpful to you, j)~'l r-----.... $ David Anderson, P,C.. M,P 7 ,...., ONTARIO GOOD ROADS ASSOCIATION Unit2 530 Otto Road Mississauga, Ontario L5T 2L5 Telephone: 905-795-2555 Fax: 905-795-2660 FAX COVER SHEET DATE: April 7, 1999 TO: Municipality of Malahide - 519-269-3552 ATTENTION: John Wilson FROM: Diana Summers RE: 1 pages transmitted including this cover sheet. MESSAGE: Further to our conversation at the OGRA Annual Conference, the Fisheries issue was dealt with in a 1995 resolution, which I have enclosed, As you mentioned, it was also dealt with at the 1995 ROMA Annual Conference, Supplementary information is attached to the OGRA resolution that was supplied by ROMA. The resolution was submitted to the Federal Minister of Fisheries and Oceans and no reply has been received to-date. Would you please contact me at the OGRA office and we can discuss how (or if) you wish to proceed. Please leave a voice-mail if I am not in the office Thank You Diana Summers ONTARIO GOOD ROADS ASSOCIATION 530 OTTO ROAD. UNIT 2 MI6SISSAUGA, ONTARIO l5T 2L5 TELEPHONE B05 795 ' 2555 Ff\¡( 905 795 . 2660 ONTARIO GOOD ROADS ASSOCIATION 1995 RESOLUTIONS 1995 Annual Conference Royal York Hotel February 19 . 22, 1996 REQUEST THAT THE FEDERAL DEPARTMENT OF FISHERIES AND OCEANS AMEND THE APPLICATION OF THE FISHERIES ACT TO MUNICIPAL DRAINS. 95-09 TOWNSHIP OF MORRIS WHEREAS Section 74 and 78 of the Drainage Act, C,D. 17 K,S,U, 1990, requires municipalities to maintain, repair and improve existing municipal drains under their jurisdiction; and FROM WHEREAS Section 35 (1) of the Fisheries Act, Chapter F14, R,S,C, 1985. states that no person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat; and WHEREAS many watercourses in Ontario, now contain fish habitat because of improvements made to them under the Drainage Act; and WHEREAS the existence of this fish habitat in these municipal drains Is hindering municipalities in the proper, complete and efficient maintenance, repair and/or improvement of these drains, to adequately serve the Ontario agricultural community and WHEREAS.in some cases, the existence of this fish habitat in these municipal drains is resulting In additional costs which appear unjustified to the municipalities and the agricultural landowners; and WHEREAS the interpretation and application of the Fisheries Act to municipal drains by the delegated authority (Ontario Ministry of Natural Resources) varies across the Province; NOW THEREFORE BE IT RESOLVED that OGRA respectfully petitions the Minister of Fisheries and Oceans of the Government of Canada to amend the application of·the Fisheries Act to municipal drains In Ontario, and as an initial step in this process, to open discussions with municipal drain stakeholders regarding such amendments. 1995 R,O,M,A, Resolutions the (as contained in COMMITTEE RECOMMENDATION: SUPPLEMENTARY INFORMATION: Report) to this The Minister 01 Natural Resources, the Honourable Howard Hampton. responded resolution on October 6, 1994. with the lollowlng statement: The MNR has the responsibility for the edmlnlstratlon of the Federal Fisheries Act Ontario weters, The Intent 01 the Fisheries Act Is to protect fisheries and fish habitat In 9 · both marine and Inland waters, The Act prohlb~s ectlv~les that result In the harmful alteration, disruption, or destruction of fish hab~et, end the dlscherge of harmful substances Into waters frequented by fish. All Federal legislation, Including the Fisheries Act. takes precedence over Provincial legislation, Including the Drainage Act. The Ministry would like to clartfy that ~ has concerns wkh certain methods used In drainage maintenance rather than wkh the principle of drainage Itself, Although k may be perceived that the Ministry Is being strict and Ikeralln ks Interpretation of the Fisheries Act with respect to proposed municipal draInage maintenance programs, Ministry staff are, In fact, strongly recommending that other options or alternatives to traditional drainage methods be explored by municipal councils, This Is to enable any drainage and fisheries concerns to be addressed to the satisfaction of all parties Involved at the same time, In case of the proposed drainage maintenance works by the Township of South Dorchester, the Ministry's Elgin Area Team did raise concerns about the actual draInage leport In relation to the Fisheries Act, At a meeting between the Council and MinIstry staff on August 8, 1994, this Issue was further discussed, As the works proposed by the Township 01 South Dorchester were to occur In the headwaters 01 Kettle Creek and would harm fish habkat, the Ministry recommended that other options or alternatives be pursued to ensure compliance w~h the Act, Following the meeting,. the ElgIn Are Team did 10IWard Council InformatIon and materials on such m~lgatlon options and techniques for ks consideration, Staff have also Indicated that they would be pteased to discuss these Issues further with Council and ratepayers If so requested. Although discussion about alternatives to tradklonal drainage maintenance methods may cause some Initial time delays, this epproach to watercourse management can provide long-term cost savings to both the municipality and Its ratepayers, while satisfying provincial directives for natural ecosystem management end Federal legislatIon, It Is Important to note that these Issues will not affect every munIcIpal drainage maintenance proposal, but whe,e the proposed activity may result In the existing fish habitat In a watercourse being harmfully altered, disrupted or destroyed. CONFERENCE ACTION: P,01 15196337661 Federal and Provincial members of Parliament in Southwestern Ontario Counties of Huron, Perth, Oxford, Elgin, Middlesex, Lambton, Essex Municipality of Chatham-Kent, Rex Crawford, City ofSamia, all rural municipalities in Lambton Hon. Noble Villeneuve, Minister Agriculture Food & Rural Affairs Memo Re: Motion passed on Apri119, 1999 by the newly formed group to be known as the St. Clair Watershed Landowners Group TO FROM TOWNSHIP OF BROOKE 10:22AM 04-22-1999 To: Conservation Authorities of Ontario have signed an Agreement with the Department of Fisheries and Oceans to map all municipal drains in the Province of Ontario and to classify them with a classification ranging from A to F as to fish habitat. They have asked the Drainage Superintendents to assist them in this classification process, be maintained under the DrainageAct. The St. Clair Watershed Landowners Group feel that the Department of Fisheries and Oceans are infringing on our rights asroed producers in Ontario, Municipal drains must We would solicit your support ofthe enclosed motion. " Yours truly, Donald McGugan, St. Clair Watershed Landowners Group. Send your letters of support to: Donald McGugan, R.R, 7, Alvinston, Ontario. NON IAO Phone 519-847-5606 Fax: 519-847-5606 P,02 15196337661 TO FROM TOWNSHIP OF BROOKE 10: 23AM 04-22-1999 19, 1999 On April 16, 1999 at the Brooke Township offices, a group of landowners, from the surrounding area, meet to discuss their concerns over a draft proposal concerning municipal drams. The group listened to a few attendees knowledgeable with the proposal. After listening to various opinions expressed by all present in the room, the group agreed to further their concerns in the following resolution, April Whereas a draft executive summary #982-2340, submitted to Dept, of Fisheries and Oceans; Fish Habitat Management Ontario Area dated March 1999, entítled Agricultural Drain Maintenance Activities and the Fisheries Act, Guidance Document and Supporting Information for Class Authorizations has grave concerns for municipal drains in southwestern Ontario and Whereas the Dept. of Fisheries and Oceans and Conservation Authorities of Ontario are currently proceeding without the aid oflandowner and agricultural input, which could resuh in altered land usage Therefore be it resol1'ed that the Ontario Federation of Agriculture further pursue this issue to ensure proper implementation of common sense to agricultural municipal drains. The motion was moved by Don McCabe of Inwood and seconded by Larry Lehrbass of Alvinston. The motion was voted upon and declared CARRIED UNANIMOUSLY, TOTAL P.02 The concerned landowners also agreed to be known as the St. Clair WateTShed Landowners Group to aid in informing the public of their concerns over this issue,