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September 10, 2015
MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING September 10, 2015 COUNCIL CHAMBERS, WEST ELGIN MUNICIPAL BUILDING ------------------------------------------------------------------------------------------------------------ DISCLOSURE OF PECUNIARY INTEREST ADOPTION OF AGENDA MINUTES (A1 - A13) *August 16, 2015 Council BUSINESS ARISING FROM MINUTES DELEGATIONS 9:30 a.m. Don Pearson, LTVCA (D4, D5) REPORTS (C1-C10) 1. ROADS a) *Monthly Report b) *Report- Queen Street Paving 2. RECREATION/EMERGENCY MANAGEMENT a) *Monthly Report b) *Report- Pool Safety Cover c) *Report - Snowblower 3. WATER DISTRIBUTION SYSTEM i September 10, 2015 ............. Page 2 a) `Operations Report 4. WASTEWATER 5. BUILDING a) *Monthly Report for July b) *Monthly Report for August 6. BY-LAW ENFORCEMENT a) *Monthly Report 7. DRAINS 8. ADMINISTRATION a) `Report - Household Hazardous Waste i b) *Report - Records Management c) *Report - Records Management d) *Report - Automatic Aid — Fire 9. ACCOUNTS CORRESPONDENCE (D1 — D15) COUNCIL CONSIDERATION —ACTION RECOMMENDED: 1.* Lori Parker— request to have fees waived for rental of West Elgin Recreation Centre for a fundraiser on November 14, 2015; 2.* County of Elgin Land Division Committee - Submission E 61115 — Part Lot 8, Con 13; 3.* Randy Pettapiece — MPP, Perth-Wellington - Request for support for Fairness in Provincial Infrastructure Funds; 4.* Lower Thames Conservation— LTVCA 2016 Budget Outlook; 5.* Lower Thames Conservation— Review of the Conservation Authorities Act; 6.* SouthWestern Integrated Fibre Technology — appeal to province for Broadband support; 7.* Lori Parker— Request use of the Olde Jail for a charitable event on Friday September 18th 2015 from 3-5pm; September 10, 2015 ............. Page 3 8.* Arts and Cookery Bank - Thank you letter for the Municipalities support in the 2015 Outrageously Rural Food Fight Competition and Extravaganza; 9.* Township of Hamilton - Request to Support Resolution regarding the Ontario Trails Act; 10. Township of Springwater - Request for Support Resolution regarding protection of prime agricultural land; 11. Ontario Municipal Board - Nitra - Lot 4, Con 14 zoning; RECOMMENDED TO ACCEPT & FILE: 12. AMO • Watchfile —August 27, 2015; • Watchfile — September 3, 2015; • AMO Communications: New disaster recovery assistance program; 13. Thames Talbot Land Trust—The Tattler— Special Hawk Cliff Edition; BY-LAWS: By-law No. 2015-62 Amend Property Maintenance and Occupancy Standards By-law No. 2015-63 Amend Cleaning & Clearing of Land By-law No. 2015-64 Amend Control Noise By-law No. 2015-65 Amend Regulate Open Air Burning MINUTES (E1) *August 11, 2015 West Elgin Arena Board NOTICE OF MOTION OTHER BUSINESS (G1) 1. Council announcements 2. Closed Session • Personal matters about an identifiable individual (M.A. s.239(2)(b); • A proposed or pending acquisition or disposition of land (M.A. s.239(2)(c) September 10, 2015 ............. Page 4 Information enclosed CONFIRMING BY-LAW ADJOURNMENT NEXT MEETINGS: September 25, 2015 Council Information will be gathered in accordance with the Municipal Freedom of Information and Protection of Privacy Act(MFIPPA). All comments and communications received will become part of the public record unless you expressly request the Municipality to remove it. Questions about the collection of personal information may be directed to the Clerk. MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS AUGUST 13, 2015 PRESENT Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors Joe Seman, Jonathan Wolf, Richard Leatham STAFF PRESENT Scott Gawley,Administrator[Treasurer Norma Bryant, Clerk Jeff Slater, Recreation Superintendent Heather James, Planner CALL TO ORDER The Mayor called the meeting to order at 9:30 a.m. DECLARATION OF PECUNIARY INTEREST The Mayor declared a Conflict of Interest with Agenda item C. 1 (b)-Report- Mutual Drain Agreement. ADOPTION OF AGENDA RES. NO. 1 Moved by Bodnar Seconded by Wolf RESOLVED that the Council of the Municipality of West Elgin approves the agenda for August 13th, 2015 as printed and circulated. DISPOSITION: Carried APPROVAL OF MINUTES RES. NO. 2 Moved by Bodnar Seconded by Seman RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated: July 16, 2015 Council July 29, 2015 Public Meeting—Wind Energy AND THAT correction to the Minutes from July 16th, 2015 Resolution#23 change from 8-18 to 8-17. DISPOSITION: Carried BUSINESS ARISING FROM MINUTES DELEGATIONS 11:30 a.m.—Consideration Meeting—Axford Drain Extension Also in attendance: Henry E. Noga August 13, 2015 .....Page 2 of 12 RES NO. 3 Moved by Wolf Seconded by Seman RESOLVED that consideration meeting for the Axford Drain Extension be deferred to September 24, 2015 based on additional information received this week from the Lower Thames Valley Conservation Authority. DISPOSITION: Carried 11:45 a.m.-Consideration Meetinq--McDonald Drain Branch "A" Also in attendance: Toon Veldman RES. NO.4 Moved by Seman Seconded by Bodnar RESOLVED that the consideration meeting for the Branch `A"of the McDonald Drain be deferred to September 24, 2015 based on additional information received this week from the Lower Thames Valley Conservation Authority. DISPOSITION: Carried 1:30 p.m. -Wind Turbines Mac Ford, Co-Chair of WEROWT reviewed a written presentation noting that the strong opinions of the West Elgin people who returned the forms against industrial wind turbines indicate that Council should reaffirm their position of unwilling host and should not sign any agreements with RES. REPORTS 1. ROADS a)Monthly Report RES. NO. 5 Moved by Leatham Seconded by Bodnar RESOLVED that the August 2015 Roads Report be received. DISPOSITION: Carried The Mayor declared a Conflict of Interest with the following item and left the meeting. The Deputy Mayor assumed the Chair position. b Re art—Mutual Drain A reement RES. NO. 6 Moved by Wolf Seconded by Leatham RESOLVED that the report from the Public Works Superintendent re: Mutual Drain Agreement be received; AND THAT Council approve signing of the Mutual Drain Agreement between Manfred Wiehle, Marianne Vergeer and the Municipality of West Elgin. DISPOSITION: Carried The Mayor returned to the meeting after item C 1 (b)was discussed and action taken by Council. The Mayor resumed the Chair position. A - 3 August 1.3, 2015 .....Page 3 of 12 2. RECREATION/EMERGENCY MANAGEMENT a) Monthly Report RES. NO, 7 Moved by Wolf Seconded by Leatham RESOLVED that the Recreation Report dated August 13, 2015 be received. DISPOSITION. Carried b Report–West Lorne Optimist Re uest for Fundin RES. NO. 8 Moved by Wolf Seconded by Leatham RESOLVED that Council authorize the seed funding for the cost of Chip Timing services at the West Elgin Road Race in the amount of, $1,500.00. DISPOSITION: Carried 3.WATER DISTRIBUTION SYSTEM a)Operations Report RES, ISO. 9 Moved by Bodnar Seconded by Leatham RESOLVED that the July 2015 Operations Reports for the West Elgin Distribution System be received. DISPOSITION: Carried 4.WASTEWATER 5. BUILDING 6. BY-LAW ENFORCEMENT a Monthly Repo RES. NO. 10 Moved by Seman Seconded by Leatham RESOLVED that the By-law Enforcement Report for July 2015 be received. DISPOSITION: Carried 7. DRAINS a Tender for Hickory Grove Drain The Clerk reported that only one tender had been received with a price in far in excess of estimate. The tender was returned. The project will be re-tendered. b) Petition under Section 78–Shaw Drain RES. NO. 11 Moved by Bodnar Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin accepts the drainage Petition from Chris Oliver for drainage work on Concession 6, Part Lot 9, under Section 78 of the Drainage Act. DISPOSITION: Carried A - q August g s#13, 2015 .....Page 4 of 12 RES. NO. 12 Moved by Wolf Seconded by Seman RESOLVED that Spriet Associates be appointed to prepare a report under Section 78 of the Drainage Act on the Shaw Drain at the request of Chris Oliver and that the report be submitted within six months. DISPOSITION: Carried c Report—Culvert Replacement—Argyle Line RES. NO. 13 Moved by Leatham Seconded by Seman RESOLVED that Council accepts the quotation from Armtec in the amount of$13,042.56 plus taxes for a culvert for Argyle Line. DISPOSITION: Carried 8.ADMINISTRATION a)ESA Report Draft Spring 2015 Monitoring Report RES. NO. 14 Moved by Wolf Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin accepts the Spring 2015 Monitoring Report for the Landfill site as prepared by WESA. DISPOSITION: Carried b)WESA Report—Draft Final Trigger Mechanism and Contingency Plan RES. NO.15 Moved by Bodnar Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin accepts the Final Trigger Mechanism and Contingency Plan as prepared by WESA; AND FURTHERMORE that Council authorize the Final Trigger Mechanism and Contingency Plan be sent to the Ministry of the Environment and Climate Change. DISPOSITION: Carried c) Report—Service Ontario Office RES. NO. 16 Moved by Leatham Seconded by Wolf RESOLVED that the report from the Administrator/Treasurer re: Service Ontario Office be received; AND THAT Council will continue to pursue keeping the Service Ontario Office in the West Elgin community. DISPOSITION: Carried d Report—Proposal for Portable Accessible Ram RES. NO. 17 Moved by Wolf Seconded by Seman RESOLVED that the report from the Administrator/Treasurer re: Proposal for Portable Accessible Ramp be received; August 13, 2015 .....Page 5 of 12 RES. NO. 17 cont'd AND THAT Council will consider the proposal from StopGap when the report from the Architect comes back with a design concept for the Southside of Main Street in West Lorne in the fall. DISPOSITION: Carried e Report—Potential Solar Projects at Municipal Facilities RES. NO, 18 Moved by Seman Seconded by Wolf RESOLVED that the report from the Administrator/Treasurer re: Potential Solar Projects on Municipal Properties be received. DISPOSITION: Carried Livestock Kill- Fa undes RES. NO. 19 Moved by Leatham Seconded by Wolf RESOLVED that the Council of the Municipality of West Elgin approves payment of the livestock claim of Antonio Fagundes for one 3 week old mixed calf valued at$500.00 DISPOSITION: Carried Report—Wind Turbine Developments The Deputy Mayor asked for a recorded vote. RES. NO. 20 Moved by Leatham Seconded by Seman RESOLVED that Council reaffirm the October 24, 2013 resolution based on results of public meeting held on July 29, 2015 and the rationale expressed in the August 14, 2014 Anti-Wind Business Plan citing tourism,economic development, and natural beauty. Leatham yes Wiehle yes Bodnar yes Seman yes Wolf yes DISPOSITION: Carried h Re_ort--RES—Elgin Wind Farm RES. NO.21 Moved by Leatham Seconded by Wolf RESOLVED that the report from the Clerk re: RES-Elgin Wind Farm be received; AND THAT Council is not willing to direct staff to sign and complete the meeting confirmation form as the minutes of June 25,2015 clearly show that RES made a presentation to Council and who was in attendance on that date DISPOSITION: Carried i)Report—Fencing By-Laws RES. NO. 22 Moved by Bodnar Seconded by Leatham RESOLVED that the report from the Clerk re: Fence By-laws be received; August 13, 2015 .....Page 6 of 12 RES. NO,22 cont'd AND THAT the Division Fence By-Law and Boundary Fence By- Law be brought forward for adoption. DISPOSITION: Carried Report—Landfill Operations RFP Evaluation and Recommendations RES. NO. 23 Moved by Leatham Seconded by Seman RESOLVED that the Municipal Staff report re: Landfill Operations RFP Evaluation and Recommendations be received; AND THAT Council adopt that Landfill Operations be exclusively managed by the Municipality of West Elgin; AND THAT Council approve the capital purchase of an Excavator at an estimated cost of$75,000.00 to be used for the landfill and other municipal operations. DISPOSITION: Carried k Re ort—Port Glasgow Trailer Park Association RES. NO. 24 Moved by Bodnar Seconded by Wolf RESOLVED that the report from the Administrator/Treasurer re: Port Glasgow Trailer Park Association be received; AND THAT Council approves the setting up the Port Glasgow Trailer Park Association as a Committee of Council; AND FURTHERMORE that Councillor Leatham be appointed as the Council Representative; AND Councillor Seman be appointed as an Alternate Council Representative. DISPOSITION: Carried fDReport—Streetlight Maintenance Program RES. NO, 25 Moved by Seman Seconded by Leatham RESOLVED that the report from the AdministratorlTreasurer re: Streetlight Replacement Program be received; AND THAT Council approves the Streetlight Capital Replacement Program in West Elgin for$181,997.00 less the IESO Incentive of $31,277.00 AMO-LAS Contractor RealTerm Energy; AND FURTHERMORE that the capital project is approved with funding from the Contingencies Reserve Fund; AND THAT the savings in the first four years be directed back to the Municipality's Contingencies Reserve Fund. DISPOSITION: Carried 9. PLANNING a Report—Proposed Consent Application—Brian Cornwall RES. NO.26 Moved by Leatham Seconded by Seman RESOLVED that the report from the Planner re: Proposed Consent Application for Brian Cornwall be received. DISPOSITION: Carried i August 13, 2015 .....Page 7 of 12 10.ACCOUNTS RES, NO. 27 Moved by Bodnar Seconded by Seman RESOLVED that the Mayor and Administrator/Treasurer are hereby authorized to sign Payment Voucher#8 amounting to $1,071,994.60 in settlement of General, Road,Water, and Arena Accounts (including cheques# 19871-20111) DISPOSITION: Carried CORRESPONDENCE: 1. Gary Coleman—Condition of sidewalk on Queen's Line East Awaiting a Report from the Public Works Superintendent. 2. Entreprise Elgin—Business Plan Competition 3. Haldimand County—Vacancy Rebate Program 4. Township of Havelock-Belmont-Methuen-Request for support of the opposition to the sale of Hydro One 5. County of Elgin Land Division Committee—Notice of application for consent No. E26/15—Part Lots 4&5, Concession 14(Lakewood Aldborough Bluffs Inc.) 6. County of Elgin Land Division Committee—Notice of application for Consent No. E52/15—Part Lot 41, Registered Plan 72 (Lutsch) RES. NO. 28 Moved by Seman Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin supports the Severance Application E52/15 applied for by George and Susanna Lutsch subject to the following conditions: 1. That two copies of the registered plan of survey for the proposed severed lands be provided to the municipality. DISPOSITION: Carried 7. County of Elgin Land Division Committee—Notice of application for consent No. E53/15—Part Lot 24, Concession 8 (Small) RES. NO.29 Moved by Bodnar Seconded by Wolf RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E53115 applied for by Randy Keith Small; In accordance with Section 6.2.9(surplus farm dwellings)of the Municipality of West Elgin Official Plan, Council supports application E53/15 subject to the following conditions: 1. Subject to rezoning. 2. Subject to apportionment of Municipal Drainage assessments. 3. Subject to drainage outlet&drainage agreement, if required. 4. Subject to.requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to no further residential development on the retained agricultural portion. August 13, 2015 .....Page 8 of 12 RES. NO.29 cont'd 6. Subject to water and/or sewer connection fees, if applicable. 7. That the owner has the necessary review and assessment conducted on the existing sewage disposal system to confirm its adequacy and/or necessary replacement. 8. Two copies of the registered reference plan, together with a copy of the said plan showing the locations and dimensions of all buildings and structures, are submitted to the satisfaction of the municipality. 9. Taxes to be paid in full. DISPOSITION: Carried 8. County of Elgin Land Division Committee—Notice of application for consent No. E56/15—Part Lot 7, Concession 10 (Lapadat) RES. NO.30 Moved by Seman Seconded by Leathern RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E56115 applied for by Paul and Catherine Lapadat; In accordance with Section 6.2.9 (surplus farm dwellings) of the Municipality of West Elgin Official Plan, Council supports application E56/15 subject to the following conditions: 1. Subject to rezoning. 2. Subject to apportionment of Municipal Drainage assessments. 3. Subject to drainage outlet&drainage agreement, if required 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to no further residential development on the retained agricultural portion. 6. Subject to water and/or sewer connection fees, if applicable. 7. That the owner has the necessary review and assessment conducted on the existing sewage disposal system to confirm its adequacy and/or necessary replacement. 8. That a livestock barn located partially on both the severed and retained lands be removed to the satisfaction of the municipality. 9. That a mobile home and chicken co-op on the retained lands be removed to the satisfaction of the municipality. 10. Two copies of the registered reference plan,together with a copy of the said plan showing the locations and dimensions of all buildings and structures, are submitted to the satisfaction of the municipality. 11. Taxes to be paid in full. DISPOSITION: Carried 9. Municipality of Wawa—Safer Communities—1,000 Officers Partnership Program 10. RES—solar projects 11. AMO • Watchfile—July 9, 2015; • Watchfile—July 16, 2015 • Watchfile—July 23, 2015 • Watchfile—July 30, 2015 August 13, 2015 .....Page 9 of 12 • Watchfile—August 6, 2015 • AMO's submission to the Provincial Consultations on the update to the long term affordable housing strategy • Infrastructure Funding • Special Advisor releases Community Flubs Report 12,. Ontario Energy Board notice to customers of Union Gas Limited 13. Great Lakes and Water Policy Section (MNRF)—Notification of Environmental Registry Posting of the Conservation Authorities Act Review Discussion Paper 14. Conservation Authorities Act Review Engagement Session—September 8M London 15. Elgin County—7th Annual Warden's Charity Golf Tournament RES. NO.31 Moved by Bodnar Seconded by Seman RESOLVED that the above correspondence items numbered 1, 2, 3,4, 5, 9, 10, 11-15 be received and filed. DISPOSITION: Carried BY-LAWS 1. By-Law No. 2015-54—Rezoning—Lift"H"-203 Fourth Street Van Dyke) RES. NO.32 Moved by Seman Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By-law to amend Municipality of West Elgin Zoning By-law No. 2015-36, to change the zoning of lands in Part of Lot 61, Plan 202 from the Residential First Density-Holding (R1-H)Zone to the Residential First Density(R1)Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.33 Moved by Wolf Seconded by Seman RESOLVED Municipality of West Elgin Zoning By-law No. 2015-36, to change the zoning of lands in Part of Lot 61, Plan 202 from the Residential First Density- Holding (R1-H)Zone to the Residential First Density(R1)Zone shall now be read a third time and finally passed, signed,sealed and numbered By-law Number 2015-54— Zone Amendment —Fourth Street DISPOSITION: Carried 2. By-Law No. 2015-55,—Division Fence By-law RES. NO.34 Moved by Bodnar Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By-Law to exempt parts of the Municipality of West Elgin from the Line Fences Act and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried August 13, 2015 .....Pa a 10 of 9 g 12 RES. NO.35 Moved by Seman Seconded by Bodnar RESOLVED that a By-law to exempt parts of the Municipality of West Elgin from the Line Fences Act be now read a third time and finally passed, signed, sealed and numbered By-law Number 2015- 55—Division Fence By-law DISPOSITION: Carried 3_By_Law No. 2015-56- Boundary,Fence By-Law RES. NO.36 Moved by Leatham Seconded by Seman RESOLVED that the mover be granted leave to introduce a By-Law to prescribe the height and description of fences in certain areas of the Municipality of West Elgin and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.37 Moved by Bodnar Seconded by Seman RESOLVED that a By-law to prescribe the height and description of fences in certain areas of the Municipality of West Elgin be now read a third time and finally passed, signed, sealed and numbered By-law Number 2015-56- Boundary Fence By-law DISPOSITION: Carried The Mayor declared a Conflict of Interest with the following item and did not participate in any discussion.The Deputy Mayor assumed the Chair position. 4. By-Law No. 2015-59-Authorize Mutual Drain Agreement Part of Lot D& 1 Concession 13 RES. NO.38 Moved by Leatham Seconded by Seman RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement between the Municipality of West Elgin and Manfred Herbert Wiehle and Marianne Vergeer for an agreement drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.39 Moved by Seman Seconded by Leatham RESOLVED that a By-law to authorize the execution of an agreement between the Municipality of West Elgin and Manfred Herbert Wiehle and Marianne Vergeer for the use of municipal property be now read a third time and finally passed, signed,sealed and numbered By-law Number 2015-59—Agreement Drain DISPOSITION: Carried The Mayor resumed the Chair position. 5. By-Law No. 2015-60-Authorize agreement with Real Term Energy RES. NO.40 Moved by Seman Seconded by Bodnar Aug ust 13 2015 .....Page 11 of 12 v RES. NO. 39 cont'd RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement between the Municipality of West Elgin and RealTerm Energy for streetlight. upgrade and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES, NO. 41 Moved by Wolf Seconded by Leatham RESOLVED that a By-law to authorize the execution of an agreement between the Municipality of West Elgin and RealTerm Energy for streetlight upgrade be now read a third time and finally passed, signed,sealed and numbered By-law Number 2015-60— Agreement RealTerm Energy DISPOSITION: Carried MINUTES RES. NO.42 Moved by Wolf Seconded by Seman RESOLVED that the minutes of the following committee meetings be received: West Elgin Arena Board--June 9,2015 West Elgin Recreation Committee—June 19,2015 Port Glasgow Trailer Park Liaison Committee—June 26, 2015 DISPOSITION: Carried OTHER BUSINESS 1. Council Announcements • On Sunday September 20, 2015 there will be a Ontario Provincial Police demonstration at the Rodney Fair from 12pm—2pm. • West Elgin Councillors Wolf, Leatham, and Mayor Wiehle won the Government Class at the Arts&Cookery Food Fight. • Winners of the International Plowing Match Legacy Agricultural Scholarships were announced. One of the recipients was Anita Rastapkeviclus of West Elgin. CLOSED SESSION CONFIRMING BY-LAW RES. NO.43 Moved by Wolf Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting held on August 13th, 2015 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.44 Moved by Leatham Seconded by Seman RESOLVED that a By-law to confirm the proceedings of the meeting held on August 13th, 2015 be now read a third time and August 13, 2015 .....Page 12 of 12 RES., NO.44 cont'd finally passed, signed, sealed and numbered By-law Number 2015- 61 -Confirming By-law August 13, 2015 DISPOSITION: Carried ADJOURNMENT RES, NO.45 Moved by Bodnar Seconded by Seman RESOLVED that this Regular Meeting of Council shall adjourn at 2:25 p m to meet again on September 10,2015. DISPOSITION: Carried These minutes were adopted on the 10th of September, 2015 Mayor Clerk II C- 10 , y OF v ,anuna �i� Q N U n $ A InQ5 , The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Lee Gosnell, Public Works Superintendent DATE: September 10, 2015 SUBJECT: Roads Report RECOMMENDATION: Receive and File INTRODUCTION: Monthly report for September, 2015 DISCUSSION: 1. "A" gravel was applied to Johnston Line, O'Malley Road, Blacks Road and MacPherson Road in August. This completes the 2015 maintenance gravel program. 2. Dust Suppressant was applied to the freshly gravelled roads as well as re- application to others as required. 3. Spot grading took place where needed, but with the dry conditions, gravel roads have generally remained in good shape throughout the month. 4. The 2015 Household Hazardous Waste Day ran on August 151h with help from West Elgin and Dutton Dunwich staff. 5. Grass mowing continued along all paved roads and hand mowing operations were finished around remaining guiderail systems. 6. Ditching operations were completed on McMurchy Line, Thompson Line and Queen Street. 7. Additional work carried out in August was catch basin repair, tree removal, sign installation and patching. Respectfully Submitted, Reviewed by: A J/ Lee Gosnell cott Gawley, CP , CGA Public Works Superintendent Administrator/Treasurer Attachments None V .uPUNF �� U ^ The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Lee Gosnell, Public Works Superintendent DATE: September 10, 2015 SUBJECT: Queen Street Paving RECOMMENDATION: THAT Council approves the use of Walmsley Bros. Ltd. of London Ontario for the completion of paving on Queen Street between Rodney and Kerr Road. INTRODUCTION: The 2015 capital budget included $210,000.00 for paving on Queen Street east of Rodney. The first half of this project (Kerr Road to Graham Road) was completed by Walmsley in 2013. DISCUSSION: Elgin County includes a provision in their tendering process which allows lower tier municipalities the ability to utilize their procurement process for work being completed at a municipal level. Walmsley Bros. were the successful bidder in this year's County asphalt tender at $74.00/tonne. A $2.00/tonne fuel surcharge will be added to the Queen Street paving for the additional distance they must haul the asphalt, making West Elgin's price $76.00/tonne. This contractor has proven their quality and workmanship in West Elgin, therefore I recommend them for the Queen Street paving (to be completed in early October). Respectfully Submitted, Reviewed by, cnz ewa Lee Gosnell Scott Gawley, P , CGA Public Works Superintendent Administrator/T easurer Attachments None yiyYOr+e �F` 2 � 1998•c, The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: RECREATION SUPERINTENDENT JEFF SLATER DATE: SEPTEMBER 10 2015 SUBJECT: MONTHLY REPORT RECOMMENDATION: That Council receive and file. DISCUSSION: I. The Optimist Road race is September 13 2015 and includes a 5 km and 10 km run this year. Both ending at the West Elgin Arena. 2. The Summer activities have ended. The soccer goals have been removed. The Day Camp program ended the third week in August, the Pool was shut down on the 251" of August. Once again the lack of lifeguards was an issue. The Pool once we got it up and running operated with very few mechanical issues. The installation of the dewatering well worked very well, we had no issue with the liner lifting. The operational cost was down as we reduced the amount of chemicals required, and the utility cost will be down as well as there was a reduction in the amount of water in the pool. 3. The arena first ice use will be on September 15 2015. We started the refrigeration plant on September 2 2015, the plant has operated very well given the heat and humidity that we were or are experiencing. Ice use will be marginally increased this year, the men's league will be operating for the entire season. Currently the WESC and WLMH are holding there own as far as hours used. 4. The Recreation staff are busy working ton the Fairground and Rec Centre in preparation for the Rodney Fair on the 18th. Respectfully Submitted, Reviewed by: N Jeff Slater Cott Gawley, C , CGA Recreation Superintendent Administrator/Treasurer �_ ab 4 $ � s 2 ` jTr '� rssna The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: RECREATION SUPERINTENDENT JEFF SLATER DATE: SEPTEMBER 10 2015 SUBJECT: POOL SAFETY COVER RECOMMENDATION: That Council approve the purchase I replacement of the Pool Safety Cover from Naborhood Pools and Spa in the amount of$ 8892.00 plus applicable taxes. DISCUSSION: The Pool Safety Cover is 10 years old and was sent way to be repaired. We knew it was in very bad condition, damaged and deteriorated. There was not enough of the cover left to effect the necessary repairs. Therefore replacement is necessary. We sent the cover with Naborhood Pool and Spa, who in turn sent the cover back to the manufacturer in Nova Scotia and the manufacturer determined that the cover was not repairable. To have the existing cover repaired was attempted to reduce costs, and was unsuccessfull. Respectfully Submitted, Reviewed by: —4p �)� Jeff Slater ott Gawley, CP , CGA Recreation Superintendent Administrator/Treasurer C a• N U m The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: RECREATION SUPERINTENDENT JEFF SLATER DATE: SEPTEMBER 10 2015 SUBJECT: SIDEWALK SNOWBLOWER RECOMMENDATION: That Council approve the purchase of the snow blower from Turf Care in the amount of $ 9395.00 plus applicable taxes. DISCUSSION: This is a budgeted item in the 2015 Capital Budget. It a snow blower that fits on the Toro 7210 Polar Trac unit that we use for Plowing the sidewalks. Respectfully Submitted, Reviewed by: Jeff Slater Scott Gaw ey, P GA Recreation Superintendent Administrator/Treasurer 5 t - { West Elgin Distribution System ' Operations Report ,E, {v, � f{ ` August 2015 e � 'tlihsl j ski jr. turf� . 6 a r Yk x f N 6 {` r t{ - i3 Submitted by: 4ntaro :Clean Water Agency Date September S, 2015' r h3}# k fit., j: i a i � t 1 F � ', r r� r�r i rat 4 J 1 _ M,a Facility Name: West Elgin Distribution System ORG#: 1266 SECTION 1: COMPLIANCE SUMMARY FIRST QUARTER: There were no compliance or exceedance issues reported this quarter. SECOND QUARTER: APRIL: There were no compliance or exceedance issues reported this month. MAY: There were no compliance or exceedance issues reported this month. The Rodney Tower was taken out of service May 25t''for cleaning and an internal inspection, The system was pressurized from the West Lorne Standpipe and the highlift pumps at the Tri- County Water Treatment Plant. There were low pressure complaints due to valves at tower not holding, which was resolved on the 26th of May. Tower was super chlorinated following AWWA standards, samples were obtained prior to bring the Tower back online the first week of June. JUNE: There were no compliance or exceedance issues reported this month. THIRD QUARTER: JULY: There were no compliance or exceedance issues reported this month. AUGUST: There were no compliance or exceedance issues reported this month. SECTION 2: INSPECTIONS FIRST QUARTER: JAN UARY: There were no MOL or MOECC inspections for January, The MOECC routine inspection is scheduled in February, FEBRUARY: There were no MOL inspections for February.The MOECC routine inspection was conducted on February 24th, 2015 by Stephen Dunn. MARCH: The MOECC inspector Stephen Dunn was back on site to complete inspection of Rodney Tower and West Lorne Standpipe on March 181h. The inspection report was received on March 31St with an inspection rating of 100%, There were no non-compliances identified and two recommended actions. The first recommendation was to undertake a comprehensive leak detection program if the future water loss is high. The second recommendation was for putting a screen on the overflow pipe at the Rodney Tower. This was completed when it was identified as an issue. SECOND QUARTER: There were no MOL or MOECC inspections during the second quarter. THIRD QUARTER: JULY: There were no MOL or MOECC inspections during the month. AUGUST: There were no MOL or MOECC inspections during the month. SECTION 3: QEIVIS UPDATE FIRST QUARTER: The internal audit of the QEMS is being conducted by Maegan Garber of OCWA. SECOND QUARTER: APRIL: The internal audit was completed on April 1St by Maegan Garber, the report was issued May 6th MAY: The Internal Audit Report prepared by Maegan Garber identified 7 opportunities for improvement (OFI) and no non-conformances with the Drinking Water Quality Management Standard. The OFIs will be addressed during the Management Review process which is scheduled for July. JUNE: The External Audit was scheduled for August 11th. The Management Review will be conducted in July and updates to the Operational Plan will be completed in preparation for the external audit. THIRD QUARTER: JULY: The Management Review was conducted on July 6th, 2015, There were several action items identified which have all since been addressed. The Operational Plan was revised on July 281h and is now in the second revision. The risk assessment was reviewed during the management review meeting,there were minor revisions made. These were included in the second revision to the Operational Plan. AUGUST: The Year 1 Surveillance audit was completed on August 11, 2015 by Sandra Tavares of SAI Global. The report identified no non-conformances and 4 opportunities for improvement. These OFI's will be addressed during the next Management Review scheduled for July 2016, SECTION 4: PERFORMANCE ASSESSMENT REPORT see attached Round Sheets FIRST QUARTER: There were no issues with water quality for this quarter. SECOND QUARTER: There were no issues with water quality this quarter. Rodney Tower was taken offl ine for cleaning on May 25t". THMs are down 3% in 2015 (Jan and Apr samples) compared to the same time in 2014. THIRD QUARTER: JULY: Residuals in the system have been dropping with the warmer weather, but all remain within compliance limits. The THM running average for the system is 59.5µg/L, this is below the maximum allowable running average of 100µg/L. AUGUST: Rodney Tower had low chlorine issues which resulted in additional monitoring and draining of the tower, SECTIONS: OCCUPATIONAL HEALTH &SAFETY FIRST QUARTER: There were no hazards identified during the quarterly health and safety inspection conducted this quarter. SECOND QUARTER: There were no hazards identified during the quarterly health and safety inspection conducted this quarter. THIRD QUARTER: There were no hazards identified during the quarterly health and safety inspection conducted during the month of July. I SECTION 6: GENERAL MAINTENANCE FIRST QUARTER: JANUARY: 05: Monthly meter readings 05, 12, 19, 26: Collected weekly bacti samples in the West Elgin distribution system 09: replaced wires on autoflusher remote opposite 21509 Hoskins Line; hydrant frozen on Talbot, thawed by operator but storz cap damaged, currently out of service, isolated and bagged 12: collected quarterly samples in the West Elgin distribution system; Thawed and replaced sample port on autoflusher at Crinan Line and Colley Road 02, 05, 07, 09, 12, 16, 19, 23, 26, 28, 30: West Elgin Facilities Checks and Readings 02, 09, 16, 22, 30: Weekly Autofl usher rounds in West Elgin 05, 22, 26, 27: Checking Chlorine Residual at Monthly Sample Points 19: Switched duty level transmitter to ultrasonic to pressure FEBRUARY: 04: Monthly meter readings 02, 09, 17, 23: Collected weekly bacti samples in the West Elgin distribution system 02: collected Schedule 15.1 (lead, alkalinity and pH) samples in the West Elgin distribution system 02, 03, 06, 09, 11, 13, 16, 17, 18, 20, 23, 27: West Elgin Facilities Checks and Readings 06, 13, 17, 20, 27: Weekly autoflusher rounds in West Elgin 17, 18, 19, 24: Checking Chlorine Residual at Monthly Sample Points 24: replaced autoflusher remote at Dymock and Dunborough 25: sample station WE11 (behind Library) was disassembled and broken top cap was replaced. MARCH: 03: Monthly meter readings 04: OCWA Water Services Group arrived at 195 Maple St. in West Lorne at 12:00pm. They set up the thawing equipment outside a basement window and began the thawing process. Could not thaw and suspect that the service is frozen under the road;they couldn't reach far enough to get to the frozen section. Advised Municipality and ORO of the results. 02, 09, 16, 23, 30: Collected weekly bacti samples in the West Elgin distribution system 04, 11, 18, 25: West Elgin Facilities Checks and Readings 06, 13, 20, 27: Weekly autoflusher rounds in West Elgin 09, 10, 11: Checking Chlorine Residual at Monthly Sample Points 11:Thawed -curb stop for Sample Station#WE9 (Opposite 215 Queen St. Rodney) -Autoflusher#8 opposite 24988 Gray Line -Autoflusher#9 24599 Thompson Line 18: Removed broken hydrant at intersection of Queens Line and Graham Road due to traffic accident 23: Replaced leaky water service saddle at Harper St. and Jane St. in Rodney SECOND QUARTER: APRIL: 01, 02: Monthly meter readings 02: Annual test on backflow preventer 01, 02, 03, 06, 071 08, 09, 10, 13, 15, 17, 20, 22, 24, 27, 29: Facility checks and readings at Rodney Tower 07, 13, 20, 27: Collection of weekly bacti samples in the West Elgin Distribution System 20: Quarterly distribution samples 02, 10, 17, 24, 30: Weekly autoflusher rounds 08, 09, 14, 29: Checking chlorine at monthly Sample Points 09, 10: Investigation of leak at Wardsville Meter Chamber; repairs planned 14: In preparation for the leak repair at Wardsville Meter Chamber a temporary test bypass was put in place to provide water to Beattie Haven to ensure working condition 15: Bypass set up for Wardsville Meter Chamber repair, replaced gasket and flange going from blue brute to meter on north side of meter 16, 20: West Elgin Monthly blow offs 29: Repairs started on hydrant at Queen St. and Graham Rd., hydrant barrel installed with traffic flange MAY: 01, 04, 06,08, 11, 13, 18, 19, 22, 25: Facility checks and readings at Rodney Tower 04: Plan tested for Rodney tower isolation; by-passes opened in meter chambers and Rodney tower valves closed 06: Wolseley onsite to repair hydrant#3 on Graham Rd. 04, 11, 19, 25: Weekly bacti sample collection in the West Elgin Distribution System 01, 08, 14, 22, 29: Weekly autoflusher rounds 11, 12: Checking chlorine at monthly sample points 12, 13, 14, 25, 26, 27: West Elgin monthly blow offs 25: West Elgin system set up to drain Rodney tower; by-passes opened in Eagle West, Silver Clay and Marsh Line chambers, isolate tower 26: WATECH onsite at Rodney tower to perform dry inspection, tower cleaned and hatch repairs completed 27: Rodney tower refill began JUNE: 01: Rodney Tower overflowed and put back online 08: Pressure transmitter line flushed 02, 03, 08, 09, 10, 11, 12: Hydrant flushing in West Elgin 01,05,08,11,12,15,17,19,22,24,26,29: Facility checks and readings at Rodney Tower 01, 08, 15, 22, 29: Weekly Bacti sample collection in West Elgin Distribution System 15, 16, 18, 19, 22, 23, 24, 29: Checking chlorine at monthly sample points 10, 16, 18, 19, 22, 23, 24: West Elgin monthly blow offs 05, 11, 19, 26: Weekly autoflusher rounds 17: Hydrant repaired on Furnival Road in New Glasgow, stem replaced I' 25: Hydrant repaired on Furnival Road in front of Aldborough Public School, replaced lower end gaskets 23, 24: Chamber inspections THIRD QUARTER: JULY: 02, 20, 31: Checking chlorine at monthly sample points 03, 10, 17, 24, 30: Weekly auto flusher rounds 07, 08, 30, 31: West Elgin monthly blow offs 13 - 16: Installed Flow Meter for Rotax paving company at the corner of Crinan and Dunborough daily 23: Performed live tap for new service at 25399 Silver Clay Line AUGUST: Checked chlorine at monthly Sample Points as per schedule. 03, 10, 17, 24, 31: Weekly Bacti sample collection in West Elgin Distribution System 07, 14, 21, 28: Weekly autoflusher rounds Facility checks and readings at Rodney Tower as per schedule. 01: Isolated tower and started flushing nearby hydrant while taking residuals, as a result of low chlorine alarm (see Section 7). Drained tower to 3.98m and flushed hydrants all the way back to Marsh and Furnival. 08: Fueled up Generator and prepared for scheduled power outage at Rodney Tower. Started generator for scheduled power outage at 6:20 and shut down generator at 7:30 returning to normal operating conditions. 13: Assisted Western Fire Protection with fire flow testing at Aldborough Public School. 20: Auto flusher on Gray Line dismantled itself during monthly flushing. Currently off at curb and out of service for repair. 25: 26: 27: 28: Met with A-Xcavating and West Elgin Municipality rep regarding Aldborough Public School hook up. Monitored tie in and turned valve on for pressure testing and super chlorinating new line. Flushed and sampled new line. 26: Flushed hydrant nearby the Tower, due to receiving low chlorine alarm (see Section 7), for 1 hr achieved 0.78 ppm also flushed hydrant at Marsh and Furnival and achieved 1.08 ppm. 28: Performed live tap for new service at dead end of Fourth St. in Rodney SECTION 7: ALARM SUMMARY FIRST QUARTER: JANUARY: No alarms this month. FEBRUARY: No alarms this month. MARCH: 01: 08:00—received call out for frozen water service at 195 Maple Street, in West Lorne. Temporary water service was put in place. SECOND QUARTER: APRIL: 14: Operator paged for water to be shut off at 24328 Marsh Line; customer had a leak inside house, shut off in meter pit. 22: Operator paged for locate for Hydro One to replace pole in front of the West Lorne Arena. MAY: No alarms this month. JUNE: 14: Operator called out for emergency water shut off at 174 Main Street, contractor at the residence damaged the water line. 22: HI/HIHI Alarm for Rodney Tower due to sticky altitude valve at the West Lorne Standpipe. Flushed altitude valve. 27: HI/HIHI Alarm for Rodney Tower due to sticky altitude valve at the West Lorne Standpipe. j Flushed altitude valve. THIRD QUARTER JULY: 04: Call out for possible main break at the corner of Chestnut and Ridge. 07: Call out to 23S 4th Street to shut water off at curb in order for plumber to perform work inside home. AUG UST: 01: Called out to Rodney tower for low chlorine level. Refer to Section 6 for more details. 07: Called out to a leak inside home at 26548 Talbot Line. Shut off curb stop at 24:32 09: Called out to Low Level at Rodney tower(6.13m). Opened up Marsh Line Bypass and shut off flow to Wallacetown Tower. 10: Reported to Main Break on the corner of Graham and Gilbert Street in West Lorne. Found damaged coupler. Installed a new coupler, a curb stop and a piece of W poly. 26: Low chlorine alarm at Rodney Tower, refer to Section 6 for more details. 29: Called out to Rodney tower High Level alarm. Shut off High lift pumps. SECTION 8: COMMUNITY COMPLAINTS& CONCERNS FIRST QUARTER: JANUARY: No complaints or concerns this month. FEBRUARY: 22: Operator called to 216 Furnival Road for possible main break, water in customer's basement. Service shut off due to break between house and service valve. MARCH: 02: Operator called to 8577 FurnivaI Road for air in the water. Operator explained why there was air in lines which satisfied the home owner's concerns. 09: Operator attended service repair at 195 Maple Street, West Lorne. Service was thawed and service was restored. 10: At customer's (195 Maple St., West Lorne) request, bacti sample was taken for lab analysis. Test results came back normal. Resident was issued a copy of Certificate of Analysis. 24. Operator called to 22938 Beattie Rd. for taste and odor complaint. Operator flushed hydrant for 30 mins. SECOND QUARTER: APRIL: No complaints or concerns this month. MAY: 19: Customer complaint about low pressure and air in the line on Graham Rd; curb stop located to ensure it was fully open and air relief valve was exercised. 25: Operator called out due to loss of water to a customer on Hoskins Line in Rodney, upon arrival water had been restored; autoflusher on Hoskins was turned off by the Operator. 26: Low pressure complaints in Rodney, tower was not completely isolated. JUNE: 05: Customer complaint about water pooling by autoflusher on Marsh Line, wire broken on autoflusher and therefore did not turn off. Autoflusher repaired and now working properly. THIRD QUARTER: JULY: There were no complaints or concerns this month. AUGUST: 21: Notification from Municipal office about a leak at corner of Dunborough and Pioneer. Located valve and adjusted valve%turn to stop leak. 24: Customer complaint about bad odour and discoloration at 22938 Beattie Haven. Flushed hydrant for 30 min and accomplished clear water and a chlorine residual of 0.85ppm. y ,urveF �� � m Z ' The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: JOHN NOOREN, DEPUTY CHIEF BUILDING OFFICIAL DATE: September 10, 2015 SUBJECT: JULY BUILDING REPORT RECOMMENDATION: RECEIVE AND FILE INTRODUCTION: Monthly report for July, 2015 No. of Permits Issued for Month of July 2015 2014 SFD New/Additions/Reno 1 Units Demolitions Storage NewlAdditions 2 Buildings Demolitions Garages/ New 2 Car Ports Demolitions Farm New/Additions 1 3 Buildings Demolitions Other New 2 Demolitions Septic Permits 2 1 Renovations 1 5 Estimated Value for Month of July $ 2,020,850.00 $844,000.00 Permit Revenue for Month of July $ 11,575.00 $ 2,901.25 DISCUSSION: Inspections completed as requested and in accordance with Act. I No. of Permits issued for year to date 1 2015 2014 SFD New/Additions 10 12 Units Demolitions Storage New/Additions 4 2 Buildings Demolitions Garages/ New 5 Car Ports Demolitions Farm New/Additions 6 6 Buildings Demolitions Other New/Additions 9 3 Demolitions 1 Septic Permits 10 4 Renovations 6 10 Estimated Value for Year $12,469,700 $ 1,839212 Permit Revenue for Year $ 70,186.74 $ 8,686.56 DISCUSSION: Inspections completed as requested and in accordance with Act. E Ily Submitted Reviewed by: oren Cott Gawleyereasurer,C.G.A tor Deputy Chief Building Official Administra �y OF L y` MPUB U•v� e w � m The Municipality of West Elgin TO. COUNCIL OF THE MUNICIPALITY OF WEST ELGIN - FROM: JOHN NOOREN, DEPUTY CHIEF BUILDING OFFICIAL DATE: September 10, 2015 SUBJECT: AUGUST BUILDING REPORT RECOMMENDATION: RECEIVE AND FILE INTRODUCTION: Monthly report for August, 2015 No. of Permits Issued for Month of August 2015 2014 SFD New/Additions/Reno 1 2 Units Demolitions Storage -New/Additions Buildin s Demolitions Garages/ New 2 1 Car Ports Demolitions Farm New/Additions 4 3 Buildings Demolitions Other New 1 1 Demolitions 1 1 Septic Permits 1 Renovations 1 Estimated Value for Month of August $ 715,500.00 $278,372.00 Permit Revenue for Month of August $ 3,633.01 $ 1,783.92 DISCUSSION: Inspections completed as requested and in accordance with Act. No. of Permits issued for year to date 2015 2014 SFD New/Additions 11 14 Units Demolitions Storage New/Additions 4 2 Buildings Demolitions Garages) New 2 g Car Ports Demolitions Farm New/Additions 10 9 Buildings Demolitions Other New/Additions 10 4 Demolitions 1 2 Septic Permits 11 4 Renovations 7 10 Estimated Value for Year $13,185,200 $ 2,117,584 Permit Revenue for Year $ 73,819.75 $ 10,470.48 DISCUSSION; Inspections completed as requested and in accordance with Act. Respectfulg�5= 'tted Reviewed by: n Noor Scott Gawley, c.P Deputy Che ung Official Administrator/Treasurer �a iy OF � ovHf �fi w n �6v'7996'� The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA I. BRYANT DATE: SEPTEMBER 10, 2015 SUBJECT: BY-LAW ENFORCEMENT REPORT RECOMMENDATION: Receive and File INTRODUCTION: Monthly report for August, 2015 BACKGROUND: File# Nature of Complaint Action Taken Status 308 Untidy yard, grass Order issued OPEN 316 Location of equipment Letter issued OPEN 319 Building condition Under investigation OPEN 320 1 Building condition Under investigation OPEN 321 Lot grading Under investigation OPEN 337 Noise Letter issued OPEN 346 Unsafe Under investigation OPEN 349 Grass COMPLAINT CLOSED 350 Grass, untidy yard Order issued OPEN 351 Unsafe building Under investigation OPEN 352A Zoning issue Letter issued OPEN 353 Grass COMPLAINT CLOSED 354 Grass Order issued OPEN 355 Burning Letter issued OPEN 356 Burning Letter issued OPEN 357 Untidy yard Order issued OPEN 358 Zoning issue Letter issued OPEN 359 Untidy yard COMPLIANT CLOSED Respectfully Submitted, Reviewed by: Norma I. Bryant, Hon A,AMCT Scott Gawley, CPA, GA Clerk Administrator/Tre urer DF Q\aa `4yN U e y m 2 � The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Norma I. Bryant, Cleric DATE: September 10, 2015 SUBJECT: Household Hazardous Waste RECOMMENDATION: THAT a by-law to authorize the signing of an agreement with Product Care Association be brought forward. INTRODUCTION: The Ministry of Environment and Climate Change cancelled the funding for the management of Phase 2 materials as of September 30, 2014. Phase 2 materials include: fluorescent light tubes, pharmaceuticals, portable fire extinguishers. BACKGROUND: The municipality entered into an agreement with Product Care Association (PCA) for the paint program. DISCUSSION: PCA is implementing a voluntary lamp product stewardship program in Ontario on an interim basis. The PCA Interim Lamp Program covers post collection services for lamps collected at municipal and retail sites. Program Summa • The program period is June 1, 2015 to May 31, 2016, subject to funding limits; • The products covered are "MHSW phase 2" lamps: fluorescent light bulbs and tubes limited to residential and small quantity ICI generators; • The program covers post collection costs (transportation and processing)for municipal and retail collection sites; • The program will pay the municipality 10% of the post collection costs on account of administration and other costs; • The program will directly pay service providers contracted by the municipality, or if required by the municipality, will reimburse the municipality. The municipality is required to enter into an agreement with PCA to access this funding (attached). Respectfully Submitted, Reviewed by: Norma I. Bryant, HonBA,AMC7 Scott Gawley, CPA, CGA Clerk AdministratorlTreasurer Attachments Product Care Interim Lamps Program Municipal Services Agreement - Product Care Interim lamps Program Municipal Services Agreement THIS AGREEMENT is made as of the Vt day of June, 2015 (the "Effective Date"). BETWEEN: PRODUCT CARE ASSOCIATION ("PCA") - and— CORPORATION OF THE MUNICIPALITY OF WEST ELGIN ("MUNICIPALITY") collectively,the"Parties" WHEREAS: A. Product Care Association has agreed to financially support an Interim Program for Lamp collection and recycling in Ontario as described herein in response to a request to the lighting products industry by the Ministry of Environment and Climate Change ("MOECC°)following the early termination of the MOECC selected household hazardous waste funding program operated by Recycling Council of Ontario ("RCO"). B. The Municipality wishes to participate in the Interim Lamp Program in accordance with this Agreement. NOW THEREFORE in consideration of the premises, the Parties hereto agree as follows: 1 DefII3ItIonLaDdkterpMtatIon 1.1 Terms beginning with capital letters and used herein without definition shall have the meanings given to them in either the Waste Diversion Act, 2002 (Ontario), Municipal Act, 2001 (Ontario) or City of Toronto Act,2006, as the case may be unless otherwise specified. 1.2 In this Agreement: a. "Agreement" means this Agreement and includes all schedules and amendments thereto; b. "Business Day" means Monday through Friday, excluding statutory holidays and any other day that the Government of Ontario has elected to be closed for business; C. "Claims Submission" means submission to PCA of data required to make and validate a claim for payment; d. "Collection Services" means all the activities, including those conducted at Events and Depots operated by or on behalf of the Municipality, for the purpose of receiving, classifying, packing, storing and transferring Lamps onto transportation vehicles, 1 including Supporting Documentation for Lamps prior to transportation away from the Event or Depot; e. "Current Price" means the price for Post Collection Services for Lamps in effect as of May 31, 2015 or subsequently approved in writing by PCA; f. "Depot" means a collection and transfer facility/location operated by or on behalf of the Municipality for receiving L a m p s from the public and/or Exempt Small Quantity iC&I Generators and transferring the same to Service Providers for processing or recycling; g. "Event" means a one-day or other collection event, operated by or on behalf of the Municipality to collect, pack, transport, and weigh Lamps from the public and/or Exempt Small Quantity IC&I Generators; h. "Exempt Small Quantity IC&1 Generator" or "Exempt SQG" means a business that is not required to submit a Generator Registration Report with respect to Lamps under subsection 18 (1) of Regulation 347, made under the Environmental Protection Act(Ontario), as amended from time to time; i. "FOB" means free on board; j. "Generator" means the final user who generates waste which will be reused, recycled or disposed who is a residential user or an Exempt SQG if serviced by the Municipality; k. "Interim Lamps Program" or "Program" means the program developed by PCA on behalf of the Lamps industry at the request of the Minister for the management of Lamps for a limited period of time and subject to limited fundin g, and other limitations as described herein, and any amendments thereto and replacements thereof; I. "Lamps" means the fluorescent light bulbs and tubes(i.e., low pressure mercury electric discharge source in which a fluorescing coating transforms ultra violet energy generated by the mercury discharge into visible light and includes only those tubes or bulbs that are designed to be removed by the user) for residential or Exempt SQG users of those products, limited to 5 kilograms per month per Generator, subject to change from time to time, which are considered to be unwanted by the Generator; M. "Manifesting" means those activities associated with preparing a manifest for Post- Collection Services in accordance with Regulation 347 made under the Environmental Protection Act(Ontario); n. "Member Associations" means Association of Municipalities of Ontario, Regional Public Waste Commissioners of Ontario and Municipal Waste Association; o. "Minister" means the Minister of the Environment and Climate Change for the Province of Ontario; p. "MOECC" means the Ministry of the Environment and Climate Change for the Province of Ontario; q. "Non-Program Products" means any product or waste other than Lamps; r. "Packing Standards" means the Waste Packing Protocols listed in Schedule "C" as amended by PCA from time to time; 2 S. "Post-Collection Services" means the management of Lamps after delivery of such Lamps to a transportation Service Provider FOB the Event or Depot location, including but not limited to transportation of Lamps from Events and Depots, consolidation, sorting, weighing, processing, recycling, and safe disposal of residual waste and other post-collection waste management activities; t. "Program Services" means the Collection Services and/or Post-Collection Services provided by the Service Provider for the Lamps; U. "Service Provider" means the commercial party that provides Collection or Post- - Collection Services to PCA or the Municipality as the case may be; and V. "Supporting Documentation" means invoices, manifest or bill of lading including quantities of Lamps by type and size. 2 PartorJoaflon-of-MunicoDAM 2.1 The Municipality hereby agrees to participate in the Program. In consideration for benefits provided by the Program, the Municipality shall: a. provide Collection Services at the Depots and Events listed in Schedule"A". b. provide PCA with the particulars of its contractual arrangements related to Lamps with its current Service Provider(s) for Post-Collection Services and shall provide PCA with at least 60 days' notice before changing such contractual arrangements with the Service Provider during the period of participation in the Program; c. comply with all laws and regulations and practices relating to the safe handling of Lamps; d. notify PCA of any change in the Depot opening hours or dates of Events as soon as possible so that PCA can update the information on the PCA website used for the Program; e. consent to the release by Recycling Council of Ontario (RCO) of lamps only information acquired by RCO from the Municipality for the MOECC selected household hazardous waste funding program; subject to the Municipal Freedom oflnformation and Protection of Privacy Act, R.S.O. 1990, c. M.66 ("MFIPPA")", and f. not charge Generators of Lamps for collection of Lamps at its Depots or Events. 3 Payment for Services 3.1 In consideration for the participation by the Municipality in the Program, PCA shall: a. pay the costs of the Post Collection Services provided during the term of this Agreement and, b. pay to the Municipality an amount equal to 10% of the cost of the Post-Collection Services on account of all other costs incurred by the Municipality in providing the Program Services. 3.2 Subject to the terms of this Agreement, PCA shall pay the costs of the Post-Collection Services in one of two ways, as determined by the Municipality: a. Where permitted by the Post-Collection Services agreement between the Municipality and the Service Provider, or otherwise, the Municipality shall direct its Service Provider to submit claims to PCA, and PCA shall pay the Service Provider directly for the Post Collection Services relating to that Municipality, or b. If direct payment by PCA to the Service Provider is not permitted by the Post-Collection Services agreement or for other valid reason, then the Municipality shall submit claims to PCA and PCA shall reimburse the Municipality for the cost of the Post-Collection Services. 3 3.3 Sections 3.1 and 3.2 are subject to the maximum financial and time eriod commitment b p Y PCA for the Program as described in section 4, and any other conditions of this Agreement including the payment procedures set out in Schedule B. 3.4 As between the Parties, the Municipality retains full and complete authority, discretion and responsibility to carry on the activities described herein, and any other activities or functions ancillary thereto, as the Municipality sees fit, in its sole and absolute discretion. Nothing in this Agreement will be interpreted to create any rights or responsibilities as between PCA and the Municipality in respect of the performance of such activities. 3.5 Within 14 days of the Effective Date the Municipality shall provide to PCA a schedule of Current Prices. The Municipality or its Service Provider shall not submit a Claire Submission to PCA for Post-Collection Services, and PCA shall not pay for Post-Collection Services, at a price higher than the Current Price without the Municipality first obtaining prior written approval from PCA. The Municipality shall request in writing to PCA approval for a price change, providing the number of bids, the accepted bid prices, the lowest bid prices (keeping the name of the bidder confidential if required), and any changes to the Current Price. For greater certainty, payments made subject to this section shall not exceed the Current Price. 4 Program Duration and Termination 4.1 The term of this Agreement will begin on the Effective Date and, subject to earlier termination in accordance with section 18 of this Agreement, will end on the earlier of: a. May 31, 2016; or b. when the maximum amount of funding paid by PCA to or on behalf of all municipalities participating in the Program, including the costs paid by PCA relating to retail collection sites for Lamps, reaches $1 million, as determined by PCA. 4.2 In the event that the term of this Agreement ends due to the maximum funding limit being reached as described in section 4.1, PCA reserves the right to determine the apportionment of payment for invoices received from or on behalf of municipalities participating in the Program, including any invoices already paid. 5 Compliance with Laws 5.1 In performing the Program Services hereunder, Municipality represents and warrants that it will at all times, and will require its Service Providers to, have all Certificates of Approval/Environmental Compliance Approval and any other approvals required and that it will otherwise comply at all times and require its Service Providers to comply, with all applicable laws, regulations and requirements of any governmental authority having jurisdiction, including without limitation the MOECC and the Ontario Ministry of Labour. 6 PCA Policies, Standards and Guidelines 6.1 PCA may develop or propose amendments, from time to time, to policies, standards and guidelines relative to the provision of Program Services. PCA will endeavour to provide the Member Associations sufficient time to comment on the proposed amendments for the purposes of reaching consensus in support of implementing the proposed amendments, and for clarifying potential impacts to the Municipality. 6.2 Municipality will use best efforts to comply with and will require that any of its Service Providers supplying P r o g ram Services use best efforts to comply with, the provisions of all such policies, standards and guidelines as they pertain to the provision of the Program Services. PCA will communicate any such new or amended policies, standards and guidelines to Municipality via the email in section 10 and will post copies of such new or amended 4 policies, standards and guidelines on PCA's website as they are developed. 6.3 Municipality may provide written notice within thirty (30) days of receiving such communication that it does not wish to comply with a new or amended policy, standard or guideline, and in the event that the Municipality provides such written notice either Party may exercise the termination provisions herein. 7 Promotion and Education 7.1 Proper education and promotion of the Program is essential to its success. Municipality will work cooperatively with PCA in undertaking such promotion and education activities with respect to the Program and collection of the Lamps. 8 Indemnity and Insurance 8.1 Each party (the "Indemnifying Party") hereby indemnifies and saves harmless the other party (the "Indemnified Party") on its behalf and as trustee for, its respective council members, directors, officers, contractors, employees and agent, from and against any and all manner of actions or causes of actions, damages (but not including consequential damages), costs, loss or expenses of whatever kind (including related legal fees on a full indemnity basis)which the Indemnified Party, its council members, directors, officers, contractors, employees and agents may sustain, incur or be put to by reason of or directly or indirectly arising out of any breach of this Agreement by the Indemnifying Party or any wilful misconduct or negligence of the Indemnifying Party or any person for whom the Indemnifying Party is, at law, responsible, in relation to matters arising out of this Agreement. 8.2 The Municipality will, during the term of the Agreement, self-insure, maintain at its expense and/or require any Service Provider to maintain at either the Municipality's or Service Provider's expense Comprehensive General Liability coverage with limits of not less than $5,000,000 (five million dollars) per occurrence. For clarity, only the Municipality can self-insure. 8.3 The Comprehensive General Liability policy of insurance referred to in this section will include PCA as an additional insured. 8.4 Unless the Municipality wholly self-insures, the Municipality will deliver a copy of Certificate(s) of Insurance maintained by the Municipality or a Service Provider pursuant to this Agreement, upon the Effective Date of this Agreement, and annually upon renewal of the Municipality or Service Provider's insurance, naming PCA as an additional insured with the following language: "Product Care Association and its affiliated entities, officers, partners, directors, employees, representatives and agents are included as Additional Insureds for Comprehensive General Liability. Such coverage is primary and non- contributing." if the Municipality wholly self-insures, the Municipality will deliver a letter stating such self- insurance to PCA upon the Effective Date of this Agreement, and annually upon each automatic renewal of this Agreement. 8.5 The Certificate(s) of Insurance, referred to in subsection 8.4, must also provide that PCA will be provided with thirty (30) days advance written notice of cancellation, termination, non- renewal or material change. 5 9 Assignment 9.1 The Municipality may not subcontract or assign any of its rights or obligations under this Agreement or any part thereof without the prior written consent of PCA. 9.2 Notwithstanding subsection 9.1, the Municipality may assign any of its rights or obligations under this Agreement or any part thereof without the prior written consent of, but with written notice to, PCA: a, from a Lower-tier Municipality to an Upper-tier Municipality or vice versa; b. to a municipal service board pursuant to sections 194 to 202 of the Municipal Act, 2001, as amended; or - c. to a municipal business corporation pursuant to section 203 of the Municipal Act, 2001, as amended 10 Notices Any notice, request, demand or other instrument or communication herein provide, permitted or required to be given by either PCA or the Municipality will be in writing and sufficiently given if delivered personally, by facsimile transmission or other electronic means of written communication tested prior to transmission to the extent such testing is available (unless otherwise expressly provided herein) or if sent by registered mail to the following respective address hereinafter set out, namely: Notices to PCA will be delivered to: President Product Care Association 105 West 3rd Avenue Vancouver BC V5Y1 E6 Facsimile: 604-592-2982 Email: ontario roductcare.or Notices to The Municipality will be delivered to: Clerk CORPORATION OF THE MUNICIPALITY OF WEST ELGIN 22413 Hoskins Line P.0, Sax 400 Rodney, ON, NOL 260 Facsimile:519-785-0644 Email:nbryant @westelgin.net Any such notice if delivered personally, by facsimile transmission or by other electronic means will be conclusively deemed to have been given on the day of personal delivery, or facsimile transmission or electronic communication (and if after 5 p.m. E.T. the next following Business Day), or if mailed as aforesaid, will be conclusively deemed to have been received on the fifth (5t'') Business Day following the day on which such notice is mailed as aforesaid (except during a postal strike in which case such notice shall be delivered via courier). Either Party may, at any time, give written notice to the other of any change of address (postal and/or email) of the Party giving such notice and from and after the giving of such notice the address therein specified shall (in the absence of knowledge to the contrary) be deemed to be the address of such Party for the giving of notices thereafter. 6 11 No Pa[tnershib or Join]Venture 11.1 This Agreement does not create and will not in any circumstances create or be deemed to create a partnership or joint venture between the Parties. For all purposes Municipality will be an independent contractor. 12 12.1 If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination will not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct. To the extent that any such provision is found to be invalid, illegal or unenforceable, the Parties hereto will act in good faith to substitute for such provision, to the extent possible, a new provision with content and purpose as close as possible to the provision so determined to be invalid, illegal or unenforceable. 13 Amend met3l an&M lye rs 13.1 No amendment or waiver of any provision of this Agreement will be binding on any Party unless consented to in writing by such Party. No waiver of any provision of this Agreement will constitute a waiver of any other provision, and no waiver will constitute a continuing waiver unless otherwise provided. 14 Further Acts 14.1 Each Party will execute all such documents and do all such other acts and things as may be necessary or desirable from time to time in order effectively to carry out the provisions of this Agreement and will not to take any action, or omit to take any action, that would constitute a breach of this Agreement. 16 No Third Party Benefigiaries 15.1 No person or entity which is not a Party hereto will have any rights or obligations pursuant to this Agreement or be permitted to place any reliance on anything in this Agreement or on the continuation of this Agreement. 16 f'gljnterparts and Facsimile 16.1 This Agreement may be executed in counterparts, and may be transmitted by facsimile or secure electronic document (PDF) each of which will constitute an original and all of which taken together will constitute one and the same instrument. 17 Force Majeure 17.1 In the event that either Party hereto is delayed or hindered in the performance of any act required herein by reason of Acts of God, riots, insurrection, war or other reasons of a like nature not the fault of such Party (an "Event of Force Majeure"), then the performance of such act will be excused for the period of the delay and the period for performance of any such act will be extended for a period equivalent to the period of such delay. The Party whose performance of this Agreement is or may reasonably be expected to be affected by an Event of Force Majeure will promptly notify the other Party of the existence of such circumstances and will use its best efforts to resume and complete performance. Whenever a Party is reasonably certain that such an Event of Force Majeure is likely to occur, it will notify and consult with the other Party as soon as practicable. All time periods for 7 i the performance of obligations hereunder will be extended by a period corresponding to the time period of any delay caused by the occurrence of an Event of Force Majeure. 18 Terlaination 18.1 Except as otherwise specified herein, if, in the reasonable opinion of either Party, there has been a breach of this Agreement by the other Party (the "defaulting party"), the Municipality or PCA (the "party giving notice") may give the defaulting party written notice to remedy the breach or default within thirty(30) days, failing which the Agreement may be terminated. In the event that the remedy of such breach reasonably requires more than thirty (30) days, the defaulting party will so advise the party giving notice forthwith and provide a revised timetable for remedying the breach. The party giving notice will notify the defaulting party in writing as to whether the revised time line is acceptable and, if it is, the revised time line to remedy such breach will apply. 18.2 The Municipality may terminate this Agreement at any time without cause by giving written notice to PCA, in which case the Municipality acknowledges that PCA will immediately cease to make payments to the Municipality or its Service Provider relating to Lamps, whether or not a claim has been submitted, and further that the Municipality cannot rejoin the Program. 18.3 PCA may terminate the Program without cause by giving 30 days written notice to the Municipality and to the Service Provider, in which case PCA is only responsible for invoices rendered by the Service Provider to the Municipality relating to Lamps collected by the Municipality at the collection sites before the termination date. 18.4 Notwithstanding the provisions of section 18.1, either Party may give the defaulting Party written notice to remedy the breach or default within five(5) days, failing which the Agreement may be terminated if. a. either Party assigns or subcontracts any of its rights or obligations under this Agreement or any part thereof except as expressly provided for herein; or b. the Municipality provides written notice that it will not comply with any new or amended policies, standards and guidelines developed by PCA; or c. either Party fails to keep the terms of this Agreement confidential in accordance with section 25; or d. a receiver or trustee is appointed for any part of the assets of PCA. 19 Survival 19.1 Articles 8, 18.2 and 25 of this Agreement will survive termination or expiry and continue in full force and effect. 20 A dW nal Conditions 20.1 The Parties shall execute such further and other documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their vote and influence, do and perform and cause to be done and performed such further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part thereof. 21 Entire Agreepent 21.1 This Agreement constitutes the entire agreement between the Parties with respect to all of the matters herein and supersedes and replaces all previous agreements, whether oral or written, concerning the same or similar subject matter. 8 22 Hgafflings,for CQnven'ence only 22.1 The division of this Agreement into articles and sections is for convenience of reference only and will not affect the interpretation or construction of this Agreement. 23 Governing Law 23.1 This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and each of the Parties hereto agrees irrevocably to conform to the non-exclusive jurisdiction of the Courts of such Province. 24 LWnslatm2n References 24.1 Any reference in this Agreement to any law, by-law, rule, regulation, order or act of any government, governmental body or other regulatory body will be construed as a reference thereto as amended or re-enacted from time to time or as a reference to any successor thereto. 25 -Go-nfidentiality 25.1 Subject to any legal requirements, including those included in the Municipal Act, 2009 or City of Toronto Act,2006 as applicable, and the Municipal Freedom of Information and Protection of Privacy Act, Municipality will at all times treat this Agreement as private and confidential information. Notwithstanding the foregoing, Municipality may provide this Agreement to the Member Associations solely for the purpose of discussion with PCA as set out in section 6.1 of this Agreement and to its Service Provider. To the extent permitted under MFIPPA, Municipality will inform PCA of any request made of Municipality under MFIPPA for any records related to this Agreement that may reveal a trade secret or scientific, technical, commercial, financial or labour relations information supplied in confidence by PCA to Municipality so that PCA will have an opportunity to make representations to Municipality with respect to the proposed disclosure. 25.2 Subject to any legal requirements for disclosure, PCA will at all times treat information provided by or on behalf of the Municipality under this Agreement, including but not limited to information provided to PCA under section 2.0, including specifically unit pricing or other cost information from contractual arrangements related to Lamps between the Municipality and its current Service Provider(s) for Post-Collection Services but excluding the information contained in Schedule A, as private and confidential information. PCA shall not disclose private and confidential information without the prior written consent of the Municipality, which shall not be unreasonably withheld. 26 Rights aLid 26.1 The rights, remedies and privileges in this Agreement given to the Parties: a. are cumulative and any one or more may be exercised; b. are without prejudice to and are in addition to and apply notwithstanding any other provisions in this Agreement; and c. are not dependent or conditional upon, or in any way lessened, restricted or affected by any other provisions of this Agreement. 9 i 27 Schedules 27.9 Schedules "A"through "C" are attached hereto and incorporated in and form part of this Agreement. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the Effective Date. PRODUCT CARE ASSOCIATION CORPORATION OF THE MUNICIPALITY OF _ WEST ELGIN By: By: Mark Kurschner, President Name:. Title: 10 i . ;d , . . � $ \ � « � � \ - @ � .. k : n m � ? � LLI k > ® © LU z . CO) C F- 7 L ca W S rL p� 0 £ k\ I 2 w 2 9 § q 3 / 2 jjj ( ^ a Q k a 2 � r W A � o k w u ^ CV) Z U) ` c k \}2 k 0 k % R ° @ m 0 3 & g ». » Co ( @ \ ) k 2 co \ . � � 0 CL E 0 0 � 2 \ cu ` ! w \ ■ ƒ \ ) Q ° z § b @ ~ z k F § CL 69 2 '£ O 2 \ � % w \ a/\ k 0 k D } \\ 2 u k \ t _ SCHEDULE is B so CLAIMS AND PAYMENT PROCEDURES Payment Process 1 Because of the limited time period of the Program, and the limited funding, PCA shall administer the funding on a calendar monthly basis with specific deadlines for claims to be submitted in order to be paid out of available funds in relation to the month in which the Program Services were provided. 2 To receive payment for Post-Collection Services the Municipality, or its Service Provider (the "Claimant") must send PCA a Claims Submission and a copy of Supporting Documentation from Post-Collection Services with respect to the Lamps. The Claims Submission is to be submitted to PCA within thirty (30) days of the end of each calendar month. 3 PCA will validate the Claims Submission with the Supporting Documentation received within ten (10) Business Days of receipt and PCA will pay the Claimant pursuant to this Agreement within thirty(30) days of the date on which PCA determines the claim to be correct and accurate. If any errors or omissions are found, PCA will issue a payment adjustment and PCA may require a corrected Claims Submission from the Claimant. 4 Claimant will provide any additional Supporting Documentation reasonably requested by PCA to verify the accuracy of the Claims Submissions from time to time. 5 Claims will be accepted on a calendar monthly basis as follows: (a) Costs of Post Collection Services which occurred in a calendar month ("Service Month") must be claimed with Supporting Documentation, before the end of the following calendar month ("Claim Month"). (b) PCA shall review the claim and if satisfactory, make payment to the Claimant in the calendar month following the Claim Month (the "Payment Month"). Otherwise PCA shall inform the Claimant of any deficiencies (as described below), and the onus shall be on the Claimant to correct the deficiencies in order for the claim to be considered and paid. 6 Upon request from PCA staff a Claimant must provide a copy of all shipping documents associated with the shipment subject that is subject to verification. 7 "Deficiencies" means any of the following: (i) the inclusion in a claim of costs that are not eligible Costs, as determined by PCA; (ii) missing, incomplete, inaccurate or otherwise inadequate Supporting Documentation in respect of a reimbursement claim; (iii) any calculation errors in a reimbursement claim or in Supporting Documentation; (iv) a failure to submit a reimbursement claim or Supporting Documentation in accordance with the requirements of this Agreement; or (v) any other failure of a reimbursement claim or Supporting Documentation to comply with the requirements of this Agreement. 12 SCHEDULE"C"—PCA LAMPS COLLECTION SITE STANDARDS The following are PCA's Lamps Collection Site Standards applicable to this Agreement as of the Effective Date of this Agreement. PCA will provide advance notice of proposed revisions to these standards to the Municipality in accordance with this Agreement. Revisions to these standards will be posted on llwww.regeneration.ca/service- artner-su ortlontario/ Product 4rApv Lamps Collection Site Standards Effective: June 1 2015 To the extent that there is any conflict between these Product Care Association Lamps Collection Site Standards and the requirements of applicable laws and regulations,the requirements of applicable laws and regulations apply. The collection site operator is required to comply with the requirements of the applicable laws and regulations. For greater certainty, in the event that the Product Care Association standards impose requirements that are more stringent or additional to the requirements of applicable laws and regulations but do not conflict with such laws and regulations, the collection site operator is required to comply with the PCA standards as well as with applicable laws and regulations Backaround: PCA operates the Interim Lamps Program to ensure certain hazardous and special wastes are collected and recycled or otherwise safely disposed of in an environmentally appropriate way. The Program, rules and material definition can all be viewed on the PCA website at www.regeneration.callservice-partner-support/ontario/ Purpose: The Program Collection Site Standards define the minimum operating requirements to qualify as a Product Care Association collection site for Lamps. All locations wishing to act as a collection site on behalf of PCA must be approved by PCA. The Program Collection Site Standards do not absolve collection sites from any federal, provincial and/or municipal legislation and regulations applicable to their operation. It is the collection site's responsibility to be aware of, and abide by, all such legislation and regulations. PCA reserves the right to review and revise these standards on an ongoing basis. The most current version will be posted on the PCA website. PCA will, as a courtesy, provide notification of changes to active collection sites for which it has current email addresses; however, it is the collection site's responsibility to regularly check the PCA website for revisions. Who this a lies to: For the purposes of these standards, a Collection Site Operator means the operator of a location at which Lamps are received from the public and/or a small quantity or IC&I generator, or via the site's internal operations from which a transporter will pick up Lamps and transport it to an approved Lamps processor. These standards apply to the following two types of collection sites: 13 I 1. Type 1 sites: Sites that receive a wide range of hazardous waste, and 2. Type 2 sites: Sites that collect only: Lamps; Enforcement of these Standards: Collection site operators shall - Provide PCA with all reasonable information relating to these standards or any matter that relates to the Program or procedures of PCA; - Acknowledge that PCA has a right of access to any and all such information during normal business hours and on 24 hours' notice. Moreover, PCA may verify compliance information provided by collection site operators, either directly or through a third party acting on its behalf. Please note that all parties acting on behalf of PCA are bound by strict confidentiality agreements. 1.General Requirements All Lam s collection site operators shall: 1.1 Possess a valid business licence if they are a commercial operation. 1.2 Either self-insure, or possess comprehensive or commercial general liability insurance, including coverage for bodily injury, property damage, complete operations and contractual liability. 1.3 Identify and comply with all applicable legislation and approvals, including but not limited to: T e 1 collection sites shall be: • In possession of and in compliance with all terms in their MOECC Environmental Compliance Approval(ECA); • Registered with the MOECC's Hazardous Waste Information Network(HWIN); • In compliance with the Ontario Environmental Protection Act, 1990(including R.R.O. 1990, 0. Reg. 347, General—Waste Management); • In compliance with the federal Transportation of Dangerous Goods Act(TDGA); • In compliance with applicable municipal zoning bylaws or other bylaws, such as fire codes, parking and hours of operation. Type 2 collection sites shall be: • In compliance with the Ontario Environmental Protection Act, 1990(including R.R.O. 1990, 0. Reg. 347, General—Waste Management); • In compliance with the federal Transportation of Dangerous Goods Act; • In compliance with applicable municipal zoning bylaws or other bylaws, such as fire codes, parking and hours of operation. 1.4 Maintain a documented process to identify, assess and ensure compliance with this standard and all applicable legislative and regulatory requirements, including but not limited to: • Environmental regulations, including permits or certifications for operating, air emissions, or other discharges; • Occupational health and safety regulations; • Hazardous waste management regulations(storage, handling). 1.5 implement and maintain an emergency response plan to prepare for and respond to 14 emergency situations including fires, spills and medical events. 1.6 Maintain all records for a minimum of two years or longer as required by law, including manifests, bills of lading and waste records. 1.7 Provide notice to PCA of any fines or regulatory orders in the previous five years and, going forward, within 60 days of any new fine or regulatory order as it relates to the Program. 2.occupational Health and Safety All collection site operators shall: 2.1 Identify and comply with all applicable health and safety legislation, including but not limited to: • Employment Standards Act, 2000; • Occupational Health and Safety Act, 1990; • Workplace Safety and Insurance Act, 1997; • Canada Labour Code. 2.2 Possess workers'compensation coverage through either a provincial(WSIB) program or a private insurance policy. 2.3 Be compliant with the Workplace Hazardous Materials Information System (WHMIS), including training requirements. 2.4 Maintain an occupational health program that includes processes to safeguard the health and safety of employees by: • Providing regular documented health and safety training; • Providing and enforcing the correct use of personal protection equipment; and • Safeguarding hazardous mechanical processes. 3. Staff Training All collection site operators shall: 3.1 Train staff on their emergency response plan. 3.2 Train staff to identify and pack Lamps in its appropriate waste class according to Waste Packing Protocols (refer to Appendix A). 3.3 Train staff to differentiate between Lamps that is eligible for collection services under the Program and those that are not(refer to Appendix A). 3.4 Update staff training based on any changes made to the Collection Site Standards. 3.5 Document and maintain records of staff training. 4. Waste Packing Protocols All collection site operators shall: 4.1 Pack waste according to the MOECC's waste classes and PCA Waste Packing Standards as 15 outlined in Appendix A. 4.2 Ensure that Lamps are handled and stored as follows: For Type 1 collection sites: In accordance with the conditions laid out in their respective Environmental Compliance Approval and all applicable laws and regulations. For Type 2 collection sites: Handling and Sorting Lamps into Boxes Lamps should be taken from the customer and placed in the collection containers (boxes) provided. Collection site staff must sort received lamps into the collection boxes provided by your transporter in the following manner(4 categories): • All regular sized bulbs (CFL's, incandescent, halogen, LED, UHP.) and tubes with unusual shapes (U shape, curved, circular shape etc.) can be mixed in the "bulb boxes" (24"x20"x24"). • HID bulbs should be separated from all other bulb types and placed separately in their own "bulb box" (24"x20"x24"). These bulbs can be much bigger and heavier than a regular sized bulb. Staff should clearly mark these boxes on the outside as "HID" using a dark pen or a marker to ensure they are counted separately from the other bulb boxes on the Bill of Lading. • 4 foot fluorescent tubes and shorter straight fluorescent tubes should be placed in the Gaylord boxes (48"x40"x48"). • 8 foot fluorescent tubes (and those under 8 feet but longer than 4 feet) should be placed in the 8ft cardboard boxes (96"x10"x10") provided. If you receive 8 foot tubes in an original box that is in good shape (not broken or with holes) you can ship that box instead of repackaging the tubes into Product Care provided boxes. Ensuring safe handling of all lamp types and minimization of risk: • The containers and packages must remain structurally sound and lack evidence of leakage, spillage or damage. • Containers should be set up on pallets so they don't tip over easily. • Containers should be stored in such a way that they won't easily tip over or get damaged. • Do NOT stack boxes of lamps more than 3 high because the lamps on the bottom could be crushed by the weight of the pile. • The lamps should be handled by their bases, not the glass portion and should be set down gently in the boxes or collection containers. • Lamps should be carefully placed into boxes and not dropped or thrown in to prevent breakage. • Lamps should be placed inside the plastic liners provided for each box type. When the boxes are full the liners ends should be tied or taped together to create a seal with all lamps inside the liner. 16 • Ensure boxes are filled to capacity (to prevent breakage during transport and to qualify for payment) but do not overfill boxes • Seal boxes with packing tape in preparation for ship-out. Ensure all seams are taped. Refer to the Taping Method instructions below. • Any lamp that is broken must be cleaned up immediately using the spill procedure under the Clean-up Procedures, • ALL Boxes should be packed in such away as to avoid the movement (and possible breakage) of bulbs during transport. • Do NOT tape bulbs or tubes together or use rubber bands. • Do NOT over fill the lamps collection containers as they will be difficult to close during shipping preparations. • Do NOT stack material on top of the collection containers. • Do NOT throw in ballasts, light strings, batteries, phones, glass jars, ceramic dishes, aerosol cans, and other non-compliant materials. The recyclers do not have the capacity to handle these materials. They will be returned to you at your cost. 4.3 Transportation containers must be filled to capacity, except if this practice contravenes either a ministry order or the Collection Site Operator's Environmental Compliance Approval Storage Requirements. Transportation containers used at event days should be filled to capacity and it is understood the last container filled of the day may not be filled, it may be partially filled. 4.4 Contamination allowances • The maximum contamination allowance is 5%.This is a weight-based allowance assessed on individual drums for a given waste class. Contamination levels in transport containers(mis-packed Lamps, Non-program Products as identified in Appendix A)will be monitored by PCA or by its authorized agent through random sampling. Lamps collection site operators will be required to take corrective action if contamination allowances are exceeded. PCA reserves the right to apply a financial penalty to collection site operators who exceed the contamination allowance or revoke the collection site's approval status if corrective action is not taken as requested by PCA. Appendix A—Lamps Packing Standards Please note: This table references all Lamps as approved in the PCA Ontario Interim Lamp Program) Acceptable Lights The Interim Ontario Light Program accepts residential use mercury containing light bulbs and tubes.Small quantities of mercury-containing light bulbs and tubes will be also accepted from small quantity Industrial,Commercial and Institutional sector provided they do not exceed five kilograms(approximately 20 tubes)per generator,per month. Non Acceptable Lights Light quantities in excess of five kilograms(approximately 20 tubes)per generator,per month All light bulbs that are not CFLs or fluorescent tubes such as incandescent,halogen,or LED. Not accepted are compact fluorescent lights(CFLs)and fluorescent tubes that have been intentionally crushed ar broken.For example, CFL or fluorescent tubes that have been processed by a bulb eater or drum top crusher. INITIALLED BY MUNICIPALITY: 17 C- g V +lPJFB �� q Wu a � m The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Norma 1. Bryant, Cleric DATE: September 10, 2015 SUBJECT: Records Management RECOMMENDATION: THAT Council approves the records management system as presented; AND THAT a by-law to establish a schedule of retention periods for records be brought forward. INTRODUCTION: The Municipal Act provides that a municipality shall retain and preserve its records in a secure and accessible manner. The Act also provides that a municipality may establish retention periods, subject to the approval of the municipal auditor. BACKGROUND: In order to reduce storage of paper documents and provide searchable access to records, staff have been reviewing the establishment of an electronic records management system. A records management system also addresses retention periods. DISCUSSION: The first step is to develop a structure for managing records, paper and electronic, and then establish retention periods for these records. The proposed structure is based on a records classification system that is common to most municipalities. The primary categories are: • Administration • Council, Boards and By-laws • Development and Planning • Environmental Services • Finance and Accounting • Human Resources • Legal Affairs • Media and Public Relations • Protection and Enforcement Services • Recreation and Culture I a Transportation Services a Vehicles and Equipment Secondary categories have been developed from these and a retention period established as shown on Schedule 1 of the draft by-law (attached). The municipal auditor must approve the retention periods. Discussions have taken place, waiting for written confirmation of approval. The creation of an electronic records management system will be addressed in a separate report. Respectfully Submitted, Reviewed by: Q -� Norma I. Bryant, HonBA,AMCT Scott Gawley, CPA, CGA Clerk AdministratorlTreasurer Attachments Schedule 1 of the draft retention by-law P ge t CORPORATION OF THE MUNICIPALITY OF WEST ELGIN SCHEDULE 1 TO BY-LAW 2015-M RECORDS RETENTION BY-LAW RECORDS RETENTION SCHEDULE I this Schedule the following applies: C _ Current Year - Permanent S = Superseded(Replaced) T = Termination of employment, office,event,or closure of file A ADMINISTRATION RETENTION Ai 0 Administration—General Scope: Includes administrative records,whic of be Tied elsewhere.Use only If no other he 'is available. C+1 Notes: A61 Associations&Organizations Scope: Includes correspo nce,minutes, a,notices and reports regarding externa ations and a iations to which staff or the Municipality be which th mmunicate in the C+1 course of their dutte h 0,A AC,Four Counties Hospital,part Glasgo cht C oar Notes: At�2 Staff Co sea and M as Scope: In r e mtivittes of staff committees and meet udes no i eetings,agenda,and minutes. C+3 otes: i A03 om uterllnfo on S s Include ords regarding all types of information systems in use. Include mputer hardware,computer software,data transmission, st tgn and implementation,quality control,office automation, S+5 tronic correspondence management. Notes: A94 Conferences and Seminars Scope: includes Invitations,approvals,agenda,and other records regarding conferences,conventions,seminars and special functions attended C+1 by staff,or sponsored by the municipality. Notes: A65 Consultants Scope: Includes correspondence,proposals,resumes and other documents regarding the selection,appointment and monitoring of consultants. C+1 Notes: A B Inventory_ ry Cr ontrol T+1 Scope: Includes inventory statements and reports,and all other records Pa e2 regarding the control of supplies,fuel and small equipment stock levels. Notes: T=Disposal of item A(7 Office Equipment and Furniture Scope: Includes records regarding the design and maintenance of owned and leased office equipment and furniture.Includes chairs,desks. T+1 tables,photocopiers,printers,microfiche readers. Notes: T=Disposal of item A08 Office Services Scope: Includes records regarding rates and services provided by courier, mall and postage firms.Also includes records regarding the inter C+1 office mail system,internal printing and word processing services. Notes: A�9 Municipal Policiep and Procedures Scope: Includes Municipal policy and procedure m guidelines and directives. S Notes: Refer to by-laws for original docum A10 Records Management Scope: Includes information regardin mana t of corporate records. S+1 Notes: I A11 Records Disposition Scope: Includ ds rega th rifer of municipal re the die thod u nd forms authorizing P a cribin destru or transfer of records. Notes: Al2 Tela•ommu is tams I ope: as r s regarding all types of telecommunications systems. In tele• e systems,facsimile machines,base and mobile statio owe nnae,police and fire communications systems, S+1 and 91 argen systems. N Ala Travel n dation Scope: Inc udes records regarding travel and accommodation arrangements. C+1 Notes: AJ4 Uniforms&Clothing Scope: Includes records regarding uniforms and special clothing used by municipal staff members,fire fighters'clothing and safety clothing S used by operations. Notes: All 5 Vendors&Suppliers Scope: Includes records regarding vendors and suppliers of goads and services as well as information about these goods and services,such as catalogues,price lists and correspondence. C+1 Notes: P e3 A 6 Intergovernmental Relations Scope: Includes correspondence and other records of a general nature regarding the relationship between the municipality and all other levels of government including MP and MPP. May include C+4 correspondence to and from Boards and Commissions. Notes: A 7 Accessibility of Records(F.O.1) Scope: Includes documents regarding the municipality's responsibilities under the Municipal Freedom of Information and Protection of Privacy Act,and records regarding the handling of requests under C+1 the Act, Notes: A18 Security Scope: Includes reports,requests,logs,and other records garding the security of offices,facilities and properties inclu ' ecurity passes, C+4 parking passes,control of keys and computer lephone passwords. Security Surveillance Scope: Includes any records from video ent,reception ment or storage devices. Notes: Excludes records retained fo final,sa r security 35 Days investigations or records for ev€ oses. All Munici al Facilitie Constru lthiman o vallons Scope: Includes records for t -lannin ctio ;d renovation of munici ities.Inc] s' sullant's reports,and g+1 cos includ i ectural a engineering drawings. Notes: A�O Buildina an De rt ude rds regarding t e maintenance of the municipality's s parties,such as libraries,office buildings. Includes ext main ce to buildings,landscaping,grounds keeping and C+1 grass ng. i i A21 Muni ;a.af Ou recreational Pro 'e Main Hance scope: es records regarding the maintenance of the municipality's exterior non-structural properties,such as parks,landscaping, S+1 grounds keeping and grass cutting. Notes: i A22 Facifilties Book€nas Scope: Includes copies of permits and bookings issued for the rental of recreational and administrative facilities for specific activities. C+1 Notes., A23 Accessibility ! Scope: Includes records relating to the accessibility of municipal buildings and information to persons with disabilities. C+6 Notes: R 9 e4 4 Cemetety Records Scope: Includes burial permits,maps,plot ownership records,interment registers,and indexes for municipal cemeteries and abandoned P cemeteries. Notes: 5 Grate Website Scope: Includes electronic copy of the website posted live on the internet with all links maintained. Also includes records pertaining to the 8+1 development of the site. Notes: C COUNCIL B BY-LAWS C60 Council&By-laws—General I Scope: Includes records regarding Council,Committee cards,which cannot be classified elsewhere.Use only if no heading is C+1 available. Notes: C01 By.-laws Scope: Includes final versions of th cipalily's b.-laws and am ants and attachments that are leg rt of th laws. P Notes: CO2 By-laws-Other Munloloalitle Scope: Includes final version by-la r m alities,which are of interes C+1 Notes: CM Motions a solution S Inclu Igned resolutions and motions of Council P s: C64 Mo Ions and R tions the u ' ' alities pe: Include al versions of motions of other municipalities,which are of interest S Notes: C45 Council/Committee Correspondence Scope: Includes correspondence resulting from Council and Committees of Council meetings. C+4 Notes: COS Council/Committee Mende Scope: Includes agendas of all meetings of Council and Committees of Council. S+5 Notes: C67 Elections Scope: Includes returned notices,lists of officials,voters'lists,nominations, T+4 election results,preliminary voters lists,oaths taken by council members and information on ward boundaries.Includes advertising. i P ge 5 Notes: T=day action took effect,or voting day Ballots:120 days after voting or resolution of recount C38 Goals and Objectives Scope: Includes records concerning strategic planning,goals and objectives, and mission statements, S+1 Notes: C 9 Reports Scope: Includes all reports to Council and Committees of Council. P Notes: C�0 Boards and Committees Scope: Includes appointments by Council of staff,council members and outside appointees or nominees to Committees or Boards. P Notes., DI DEVELOPMENT&PLANNING Db0 Development&Plannina—General Scope: Includes records regarding de ent and planning w annot be classified elsewhere.Us if no other eading is avai C+1 Notes: Db1 Demographic Studies Scope: Includes records re ng popu rowth,census reports,and density s es.A es re s regarding the type,I rate of h unemployment C+6 stat, mpositio, orkforc Notes: DQ2 E onomic m lude rds re garding t e growth of the economy,Includes s, ' s and projections.May also include other C+6 M al/C rojections,strategic plans,studies and proposals. es: D03 G - ner -Su abilitv Scope }' t,records regarding green energy,energy conservation and naZilty. C+6 Notes: D04 Property Files Scope: Includes all records for each property within the municipality such as original building permits,zoning&work order letters,water&sewer connection permits,entrance permits,septic permits, P correspondence to property owner. Notes: D05 Natural Resources Scope: Includes records regarding the management and preservation of forests,records regarding the characteristics of various minerals as C+6 well as mineral deposits,and other natural resources information. Notes: P e6 DOS Tourism Qevelopment C+g Scope: Includes records regarding the tourism industry and efforts made to promote and encourage tourism. Notes: D 7 Official Plans and Amendments Scope: Includes the official plan and amendments to the official plan.Also includes secondary plans and amendments,containing detailed objectives and policies concerning the planning,development,and P redevelopment of specific planning districts.Includes statutory public _ ! meetings,focus groups and appeals. Notes: i D08 Official Plans and Amendments(Other Municipalities) Scope: Includes applications to amend the official plan or secondary plans, background reports,notices,resolutions and decisi ns,and appeals +1 of other municipalities of interest or affecting the cipality. Notes: D09 SeveranceslConsents Scope: Includes records regarding the dc.e..of severance Is of land including application for P Notes: D1(} Site Plan Control Scope: Includes records r provislo rvices to individual land sites.Includes Ovate w appr comments and correspondence.Also ludes n -egarding parking P areas, a and do ay Notes: . D11 Subdivisi ns S Incl s re pproval of plans of subdivisions th tial and comm I W).Includes drawings,technical ,a rrespondence,written comments,working notes and ba and ation.Includes clearance letters,draft approved P plans, licati gistered plans,and changes to approved plans. N D12 Varian Scope: Inc udes records regarding the granting of variances in land use from existing zoning regulations, P Notes: D13 Zoning Scope: Includes records and standards regarding the designation of zones for land use planning purposes. Also includes applications to amend zoning by-law for specific properties and related P correspondenceldocuments. Notes: D14 Easements Scope: Includes all records on Rights,of Way and Easements concerning municipal ownership of private lands in order to maintain public P service. Notes: P go 7 D 5 Encroachments Scope: Includes all records regarding private properties encroaching on municipal lands. Also includes surveys and any other related P documentation. Notes D(IB Annexation/Aural amat' n Scope: Includes all records pertaining to the annexing and amalgamating of land adjacent to municipal fends to accommodate growth or other purposes.May include studies on restructuring,green belt and buffer P zone areas. Notes: D17 Community Improvement Plan Scope: Includes records,studies,statistics and any required background information on community improvement plan. Also includes P approved County CIP. Notes: D18 Municipal Addressing Scope: Includes records regarding requ rand assignme new subdivision and other street n nd numbers.May in S+g correspondence,reports an," ings. Notes: D19 Reference Plans - f Scope: Includes Registered, ns, s and rty survey plans as received from the Re Off p Notes: D20 Industrial mercial De ment Scope: In s re r tion and development of industry and p otea, D21 ricultural De . men e: Include records regarding development of agricultural growth. P Note 022 Di ital Ma Scope: Includes all records used to produce maps and updates in digital format. Includes all GI5 tracking and mapping data. C+3 Notes: D23 Communily Improvement Pro'ects Scope: Includes records,studies,statistics and any required background information on community development programs. Also includes g+g projects under Municipal Community Improvement Plan. Notes: E ENVIRONMENTAL SERVICES E00 Environmental Services-General Scope: Includes records regarding environmental services,which cannot be C+1 classified elsewhere. Use only if no other heading is available. P go B Notes: E 1 Sanitary Sewers Scope: includes records regarding the design,construction and maintenance of sanitary sewers. T+6 Notes: E02 Storm Sewers Scope: Includes records regarding the design,construction and maintenance of storm sewers. T+6 Notes: E03 Treatment Plants(Sewage) Scope: Includes records regarding the operation of treatment and pumping stations and lagoons. C+6 Notes: E04 Trees Scope: Includes records of tree removal,plants � t immi uning and preservation. C+6 Notes: E05 Environmental Monitoring Scope: Includes records re arding the rou nitorfng of water quality, water quantity an ality as well ponses to interference with quality or qua eludes m ing and control of C+6 creeks and floods, s, slop, it and storm water. Notes: E06 One Call Scope: des all d ants assoa d with one all notification requests. T+6 N E07 aste men Scope: Inclu co arding the collection and disposal of waste. Includ ndfill si records,recycling,collection services and monitor! May also include Certificate of Approval and related. C+6 docum ion,Annual Monitoring Reports, Notes: E08 Water Works Scope: Includes records regarding the design,construction and maintenance of water mains,tanks,pipelines and related facilities and equipment, S+6 Notes: E09 Municioal Drains Scope: Includes records regarding the design,construction and maintenance of rural drains.Also includes engineer reports,petitions, P assessments,general specifications and correspondence. Notes: E10 Pits&Quarries Scope: Includes records regarding the design,construction&maintenance C+g of all pits&quarries.Includes engineer's reports,assessments, general specifications and correspondence. I Pa e9 Notes: E 1 Nutrient Management Scope: Includes records and information regarding the nutrient management C+6 Notes: E 2 Private Sewage Disposal Systems Scope: Includes records and information regarding private sewage disposal systems C+6 Notes: E13 Water IVIQnitoring&Sampling Scope: Includes records regarding the routine monitoring of water quality, water quantity,annual reports,and chemical samples collected quarterly(trihalomethanes,nitrate and nitrites),as well as responses to interference with quality or quantity.Also Includes monitoring and control of creeks and floods,weeds,noise,eras p soil and S+6 storm water.Also includes operational checks ly and monthly microbiological sampling and testing,chain Jody,report of analysis and adverse samples. Notes: E14 Chemical Sampling of Water Scope: Includes chemical samples d and inorganic an organics lead',sodium and fluor ollected and engineer C+6 evaluation reports Notes: E15 Well Records Scope: Incl I ords,ce f app a ,original engineer and m nance als P Notes: E16 Ai li Mo ope: as s regarding the routine monitoring of air quality as we ' sp to interference with quality or quantity P tes: E17 En Mana em Scope: all records relating to the municipality's Energy ement Program. Includes published annual energy plans and C+6 co res of utilities and consumption profiles. Notes: E18 Back Flow Prevention&Cross Connection Control Scope: Includes records relating to backflow prevention and cross connection control by-law program. C+2 Notes: F FINANCE&ACCOUNTING F00 Finance and Accounting—General Scope: Includes records regarding finance and accounting,which cannot be classified elsewhere.Use only if no other heading is available. C+1 Notes: P go 10 F 1 Accounts payable Scope: Includes records documenting funds payable by the municipality, including paid invoices,receipts,petty cash receipts,conventions registration fees,copies of cheques issued to pay accounts,rebates, levies payable,reports,telephone bills,membership fees,employee C+6 and council expenses and receipts issued. Notes: F02 Accounts Receivable Scope: Includes records documenting funds owing to the municipality including invoices,billing listings,requests from mortgage companies and recoveries reports.Includes correspondence related to collection C+6 of tax and supporting documentation. Includes property taxes and utilities. Notes: F03 Audits Scope: Includes records regarding internal and eater ncial audits of accounts. P Notes: F04 Banking Scope: Includes records regarding . F g transact' s and relatio s with banks.Includes bank re ation a osit records. C+6 Notes: F05 Budgets and E timates Scope: Includes original depa ental rate gets and amend both cape nd P Notes: F06 Assets S Inclu s re a nt and fixed assets.Includes ento s well as rec ' of initial expenditure,depreciation, T+6 Izati d disposal. Notes: T=dF al of t F07 ues Scop nclu cancelled cheques issued.Also includes cheque ns,cheque listings,and supporting documents used to Fze issuance of cheques,cheque vouchers,N.S,F.cheques C+6 an bank statements. Notes: Fats Debentures and Bonds Scope: Includes records regarding debentures and bonds issued.Includes information regarding the initial issuance of the debenture or bond as T+6 well as all records of payments made to investors. Notes: T=Debentures surrendered for exchange/cancellation F09 Employ emend Council Expenses Scope: Includes travel and meeting expense statements and all receipts submitted by employees or Council and Committee members to C+6 substantiate their claims. Notes: it i PLe 11 FIG Financial Statements Scope: Includes the Consolidated statement of financial position, consolidated statement of operations,consolidated statement of change in net financial assets,consolidated statement of changes in P cash flows,as well as the notes to the consolidated financial statements. Notes: F 1 Grants and Loans Scope: Includes records regarding revenue generated in the form of grants- in-lieu,provincial and federal grants,loans and subsidies.Also T+6 includes submissions,acknowledgements,reports and applications. Notes: F12 Investments Scope: Includes records regarding the munIcIpality'sinvesrnents after the maturity date,term deposits,and promissory not C+6 Notes: T=closure of account F13 Journal Vouchers Scope: Includes completed journal vouc ms,input form , all background documentation u substantiate journal C+6 Notes: F14 Subsidiary Led ers Re isters and Journals �pR Scope: Includes all subsid ' `Iii register Journals such as Payment and Races! u roll R and Debenture Registers. C+6 Notes: F15 General L= rs and Jo Is Scope: in salt Boo f Original Entry and Trial Sala P tea: F16 a roll e: Include records of payments of salary,wages and deductions to employ Includes pay lists,Garnishees,T4 Slips,CRA Reports nd ics Canada reports.Also includes honoraria and fees to Notes: Pe ission to destroy records related to the Employer Health Tax C+6 must be obtained from the Minister of Finance. Permission to destroy C.P.P.and Employment Insurance records prior to the expiration of their retention period must be obtained from the Minister of Revenue. F17 Purchase Orders&Requisitions Scope: Includes purchase orders and requisitions,blanket orders,and all background documentation,which matches the packing slips C+6 authorizing the procurement of goods and services. Notes: FIB Quotations and Tenders Scope: Includes records regarding quotations and tenders obtained from C+g suppliers of goods and services,Includes Requests for Proposal, Quotes,Invitations to Tender,Proposals,Tender Submissions,Pre- qualifications,and all documentation regarding the selection process. I P2ge 12 Notes: F 8 Receipts Scope: Includes receipts issued for payment of items including licenses, rentals and taxes. C+6 Notes: F 0 Reserve Funds Scope. Includes records documenting obligatory and/or discretionary reserve funds including reserves for working funds,contingencies,future _ capital projects,and information systems.To include all natural C+6 disaster funds and applications for payment for damages suffered I (Tomado,Wind, Flood) Notes: F21 Revenues Scope: Includes records regarding the generation of rev s,other than taxes such as application fees. C+6 Notes: F22 Taxes and Records Scope: Includes taxation records of to m importance,inclu assessment rolls,tax sale r tax safe eds,property registrations,tax arrears regf rds,t ctors rolls an P levies. I Notes F23 Write Offs Scope: Includ unts rece Is t written off as unc a inclu s of b 6 ptctes. C+6 Notes: F24 Trust Funds Jude rds regarding ds established by the municipality for he rust. T+6 otes: T=C e of nt F25 it De osit Scop nclu velopment deposits,letters of credit,proof of insurance uired and records of monies held as security. T+6 Notes: T= losure of account F26 Taxation Scope: Includes records regarding any taxes paid by the Municipality and the exceptions and rebates related to these taxes.Includes the C+6 original assessment notices and HST Registration Number. Notes: H HUMAN RESOURCES 1-100 Human Resources-General Scope: Includes records regarding human resources,which cannot be classified elsewhere.Use only if no other heading is available. C+1 Notes: P ge 13 1 Attendance and Scheduling Scope: Includes records regarding employee attendance,shift scheduling, vacation schedules and hours of work.Also includes Doctors notes C+$ required for missed days ad modified work program. Notes: H 2 Benefits Scope: Includes brochures,rates,quotes,correspondence and explanatory documents regarding benefits offered to employees,such as group S insurance,dental plans and general information on EHT. Notes: — H�3 Employee Records Scope: Includes records regarding the employment history of municipal employees.Includes initial resumes and applications,performance evaluations,correspondence with the employee,a d employee T+3 assistance.Includes part-time and student empl Notes: H04 Health and Safely Scope: Includes records regarding the o ional health an ty of staff.Includes non lost-time a and incident report , B reports for non-lost time,an," mation on sith and safe C+2 programs for staff including 'is,and courses. Notes: H05 Human Resource Planning Scope: Includes records of s ssion axe a placement, retire rants,s , ur u hire/promotion tar nt free oymen ity,performance ement, ant em ant program plans,Modified Work C+1 ram,Hum esource search information,lay-of notices and d record HOS Desc s Scope: Inclu b de ions and specifications as well as background inform used i their preparation or amendment S No H07 Labour t' Scope: Inc udes records regarding the relationship between labour and management.Includes collective bargaining,correspondence with S unions and negotiations Notes: HOB Organization Scope: Includes records regarding reporting relationships,reorganization, downsizing,organizational analysis,etc. Includes organization g+g charts. Notes: H09 Salary Planning Scope: Includes records regarding the planning and scheduling of salaries, such as job evaluations,job classification systems,salary surreys, C+6 job comparison schedules and seniority lists.Also includes any reference material retained regarding issues related to pay equity. P ge 14 Notes: H 0 Pension Records Scope: Includes records detailing obligations to individuals under OMERS. Includes pension€nformation of retired personnel,including T+6 registration and records. I Notes: H11 Recru€tment i Scope: Includes records regarding the recruitment of staff and interviews. Includes job postings,copies of advertisements,records regarding C+1 competitions and unsuccessful applications. Notes: H12 Training&Development Scope: Includes records regarding courses offered to amp oyees,and information on career and professional develop rograms.Also S+1 includes orientation materials. Notes: H13 C[Naims Scope: Includes records regarding cl ' WSIB or Insurance s for lost-time Incidents,accident or LTD T+2 Notes: T=Resolution of claim H14 Grievances Scope: Includes records de I nce c I Ints filed against the Municipality such as t ' €t€al i inv atlon,reports and T+6 final re ;' Notes: T— solutio claim H15 Harassm nd Violen S Incl s de rassment andfor violence complaints re employees o municipality. It includes documents s th al complaint,investigation,reports and final C+2 res n. tes: H16 Vo eer Firefin Records Scop®: sal€records pertaining to the training of firefighters, P Notes: L LEGAL AFFAIRS L00 Leaal Affairs—General Scope: Includes records regarding legal affairs,which cannot be classified elsewhere.Use only if no other heading is available. C+1 Notes: 1-01 Aooeais and Hearinas Scope: Includes all transcripts and related documentation regarding appeals, hearings,and legal proceedings.Includes final judgments and Court Orders.Includes zoning appeals,official plan appeals,and P Committee of Adjustment appeals.Also includes orders Issued by regulatory bodies and boards. Notes: P 1615 i LG Claims slinst/By the Municipalily Scope: Includes all litigation made by other parties against the Municipality. T+1 Notes: T=Resolution of claim and all appeals LG Contracts and Agreements Scope: Includes all agreements entered into by the municipality(simple or under seal).Includes construction contracts,collective agreements, and subdivision agreements.Also includes agreements regarding P easements,encroachments,areaways and laneways. Notes: L04 Insurance Appraisals Scope: Includes appraisals of municipal property for insurance purposes. T+15 Notes: T=Event,act or omission on which claim is based took place LOB Insurance Policies Scope: Includes municipal insurance policy docum uch as vehicle, liability,theft,and fire insurance.Include tion claims only. T+15 Notes: T=Expiration of policy LOB Land Acquisition and Sale Scope: Includes records regarding to tra ons,conveyanc land,lot sales,alley closings an whether through voluntary transactio s or expropri ludes deeds and P expropriation plan ase letters ppraisals. Notes: L07 Opinions and Brie$ Scope: 1 s cop] opinion d briefs prepared by the municipality's counsel o ecific is I and by-laws. S+1 Notes: LOB .t 'cs op Scope: in regi s of births,stillbirths,deaths and marriages. P tes: LO9 Pr utions Scope: records regarding prosecutions to enforce by-laws and I and provincial legislation. T+6 Notes: T=Delivery of Judgment L10 Subdivision Assumption-Street Dedication&Assumption Scope: Includes records leading to assumption of streetstroads and subdivision assumption. P Notes: L11 Leases T+1 Scope: Includes records relating to leases and rentals of municipal property by other parties as well as all leases of buildings for municipal use. Includes seasonal leases for Port Glasgow Trailer Park. Notes: Page 16 M MEDIA&PUBLIC RECORDS 70 Media and Public Relations-General Scope: Includes records regarding media and public relations,which cannot be classified elsewhere.Use only if no other heading is available. C+1 Notes: M01 Advertising Scope: Includes records regarding news releases and public advertising in magazines,newspapers,radio,television,and transit. C+1 Notes: M02 Ceremonies and Events Scope: Includes records regarding participation in special events,openings, anniversaries and Remembrance Day.Also includes records regarding the set-up and running of special events uch as Canada C+4 Day,Santa Claus parades. Notes: M03 Mu ici al Charitable Campaigns-Fund Raisin Scope: Includes records regarding the of funds and do s for the municipality. C+g Notes: M04 Complaints,Commendations&In uiries Scope: Includes records re '" . mendat quests for information, and very general typ f r and ge complaints.Also includes concerns ab ervic by unicipality, C+1 inquin t council ee ra ulatory letters. Notes: M05 Publicatio motions S Inclu man ork,printed copies and related ords rding the public tton of tourism information,trade shows, t e industrial directories,business directories,and maps. C+1 Ma ude I reports of a non-financial nature and newsletters publi for di tion to the public and in-house. M06 LsL'Lntitv si nia Scope: I Eans as records regarding the standards,which apply to graphic de in the interest of establishing a Visual Identity Program. Includes logo and letterhead design,signage,flags and vehicle identification.Also includes records regarding corporation insignia S+5 and seals of office. Notes: M07 Newsletters Scope: Includes all newsletter produced by the County/Municipality. Includes inserts Into tax and water bill mailings. C+1 Notes: P PROTECTION&ENFORCEMENT SERVICES P00 Protection&Enforcement Services-General Scope: Includes records regarding protection and enforcement services, C+1 which cannot be classified elsewhere.Use only if no other heading is Page 17 available. Notes: i P01 By-law Enforcement-Complaints Scope: Includes records of by-law complaints and municipal efforts to enforce bylaws such as order to comply,inspection reports,stop work orders,working notes,correspondence,exhibits,and P photographs. Notes: P02 Daily Occurrence Loos Scope: includes logs maintained of daily occurrences logs maintained by the Building Inspectors,Chief Building Official and Municipal By-law C+6 Enforcement Officers. Notes: P03 Emergency Planning Scope: Includes records regarding the planning an arsal of emergency measures and reports to E.M.O. S+1 Notes: PO4 Hazardous Materials Scope: Includes information and rep chemi nd substance t pose fire hazards.Also includes d ng with toxic substance control,transportaf n and effects. 8+1 Notes: Hazardous Materi eets(MS all be kept permanently. P05 Inciden Acciden .arts Scope: In `s fin:, alism a curity.incident reports and reports of ants that r at recr nal facilities and other municipal P erties. In as frefgh encianee at emergencies N P06 ublic He Scope: Inclu ecor I the Elgin Health Unit and public health infarma S+1 N P07 Licence Scope: Inc udes records regarding licenses administered by or required by the municipality,or required by the province,such as licensing for dog kennels,dogs,liquor,businesses,lotteries and quarries, T+1 inspections performed on private institutions,etc. Notes: P08 Building Permits Scope: Includes permits(duplicate copies)issued to builders,contractors, C+6 and residents giving them permission to build or renovate.(minor construction including plans for single family dwellings,semi detached dwellings,additions,accessory buildings and agricultural buildings). Includes inspection reports. Notes: Building Permits P Scope: Includes permits issued to builders,contractors,and residents giving them permission to build or renovate, Includes entrance permits, Page 18 i culvert permits.(major commercial,industrial,institutional and residential buildings). Includes inspection reports. Notes: P09 Permits,Other Scope: Includes applications and copies of permits issued by the Municipality as wall as permits Issued giving permission to hold special events,transport oversize loads,erect signs,park on the T+1 street,moving permits,and bum permits. Notes: P10 Animal Control Scope: Includes records regarding the control of household pets,strays, livestock and wildlife and livestock evaluation reports.. C+2 Notes: P11 Emergency Services Scope: Includes records regarding land ambulant nd rescue services, policing. C+6 Notes: P12 Provincial Offenses Scope: All Provincial Offences docu Lion inc corresponden C+6 Notes: R RECREATION&CULTURE R00 Recreation and Cultsre-Genera Y4k,: Scope: I c s recd gardin reation and cultural services,which of be clas ed elsewh Use only if no other heading is C+1 ble. R01 `.enta a "' ati n Scope: Inclu ecor arding heritage and historical development, includi signs ns of buildings,districts,and cemeteries. T+1 No , T=Re I of designation. R02 Libra Scope: Inc udes circulation lists,recommendations for additions to library collections,information searches,inter-library loan requests and C+4 more general records regarding the operation of libraries. Notes: R03 Museum and Archival Services Scope: Includes registers of holdings,museum programming,activity reports,historical society holdings,archival operations,conservation information and related records. C+4 Notes: R04 Parks Management Scope: Includes correspondence,descriptions,reports and other records dealing with the management design,set-up,landscaping and C+6 maintenance of municipal parks.May include maps and plans. Also includes information dealing with maintenance of playground equipment,hikingibiking trails Pgge 19 Notes. R05 Recreational Facilities Scope: Includes correspondence,descriptions,report and other records dealing with the management,operation and design of specific municipal recreational facilities,such as arenas,pools. Includes floor C+6 plans,architectural and engineering drawings. Notes: R06 Trails-Cycling Scope: Includes records and correspondence pertaining to trails construction maintenance and cycling initiatives. S+6 Notes: T TRANSPORTATION T00 Trans o tion_General Scope: Includes records regarding transportation annot be classified elsewhere.Use only if no other heading' C+1 Notes: T01 Illumination Scope: Includes records and studies • ding th Ilation and re f equipment used to illuminate ro cl streetlights and pedestrian crossov lights.Also i cords on power T+1 consumption. Notes: T=Completion of pr t. T02 Parking Scope: In s recd nd stu i egarding municipal parking issues as handic • ad parki t and garage operations,fire routes T+1 mploye Ing. T= of or T03 blic T Scope: Inclu eoo arding public transit systems.Includes schedul ro utes, aps and similar information,Also includes project r rds regarding the construction of bus shelters and similar T+6 facliltle to administration and planning,fare policies and inte mental transit. Includes Four Counties Transit, Notes: osure of routelshelterlstop T04 Road Construction Scope: Includes records and studies regarding construction projects on roads.Includes the construction of new roads and major T+6 improvements to existing roads,resurfacing,widening and bridges. Notes T=Asset no longer exists T05 Road Maintenance Scope: Includes records and studies regarding the inspection and maintenance of roads.Includes the installation of culverts,minor repairs to road surfaces,curbs and sidewalks,cycle-ways,footpaths, T+6 walkways.Also includes grading,ploughing and sanding of roads, snow removal and cleaning. Notes: T=Asset no longer exists j Pabe 20 TJ6 Signs and Signals Scope: Includes records and studies regarding the manufacture and installation of signs and signals.Includes county and municipal policies 1 by-laws. T+6 Notes: T=Removal of sign/signal. T i7 Traffic Scope: Includes records and studies regarding the flow of traffic on roads. Includes intersection drawings,pedestrian crossovers,crossing guards,traffic counts,traffic accident statistics and related records. T+2 Includes temporary road closures. — Notes: TOB —Roads and Lanes Closures Scope: Includes records on roads and lanes closed on a permanent or regular basis. Records include reports,appraisals nd correspondence. T+2 Notes: T09 Field SurveylRaad Survey Books Scope: Includes engineering field sure and survey bo T+1 Notes: T10 Bridges Scope: Includes all recd ciated with construction,repairs and maintenance. T+1 Notes: V VEHICLES UIPM V00 Vehicles ui men eneral S Incl s re a Iles and equipment,which cannot be ssifi ewhere.Use on if no other heading is available. C+1 Notes: Vol at Man eme Sc Include ords of all vehicles currently leased or owned,operated nd ined by the municipality.This includes vehicle history files, aintenance,registration and disposal. T+1 Notes: T—termination of lease or vehicle disposal V02 Mobile Equipment Scope: Includes records regarding mobile equipment used in conjunction with vehicles and emergency vehicles.Also includes maintenance and history files on equipment such as generators,pumps and T+g sanders. Notes: T=End of service date V03 Transportable EgL&rnent Scope: Includes records regarding transportable equipment used by the municipality.Also includes maintenance and history files on equipment such as lawnmowers,hoses,weed-eaters,drills,and T+6 rescue equipment. Notes: T=End of service date Page 21 V I4 Protective Equipment Scope: Includes records regarding protective equipment used b the municipality.Also includes maintenanc and history files on equipment such as breathing apparatus,breathing tanks,down T+g alarms,etc. Notes: T=End of service date I VV PNNF �� 7 ' N V '. u m 2 � 7 'i99B'a The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Norma I. Bryant, Clerk DATE: September 10, 2015 SUBJECT: Records Management RECOMMENDATION: THAT the'quotation from iCompass in the amount of$4,350 plus taxes per year be accepted.. INTRODUCTION: In order to reduce storage of paper documents and provide searchable access to records, staff have been reviewing the establishment of an electronic records management system. . g Y BACKGROUND: In a separate report, records classification and retention periods have been addressed. The next step is to discuss an electronic system, DISCUSSION: Staff have researched an electronic records management system and have consulted three companies. 1. ThinkDox This company used Laserfiche Document Management software and is being used by the County of Elgin, Bayham Township and Central Elgin. The records management system is priced at $14,650 (5 licenses) plus estimated implementation and training at $3,500. That annual support fee is $2,930. 2. TAB TAB fusion RMS can track paper or electronic records. Their system focuses on establishing a paper filing system and then converting to electronic. A quote of$45,000 has been provided. . 3. icom ass iCompass uses their CivicWeb solution for meeting and records management. Their Meeting Manager Pro is a popular agenda tool. The Records Manager (RM) includes unlimited users, regular upgrades, training sessions and unlimited support for 3 staff. The fees are $4,350 per year. A discount is being offered for the inclusion of the Meeting Manager Pro (MMP) at any time. The fee for MMP would be an additional cost of$2,650 per year. 4. Evaluation In evaluating these proposals the requirements for West Elgin were taken into consideration. What do we need? • West Elgin needs to establish a filing system that works with records management 1 retention. • To address the storage space West Elgin should proceed to an electronic filing system. • Searching for records—easy and includes a variety of records • Sophisticated financial component or scan the financial documents after action has been taken (e.g. cheque issued) • Scanning of documents (not included in quotes) • Would the file management system be able to upgrade; i.e. Add meeting management system Staff feel that the storage and searching for records are most important for West Elgin. Accountability and transparency are required in a municipal office and therefore being able to find the requested record is important. Staff are recommending that the quotation from iCompass for their record manager be accepted and can be easily expanded to electronic agenda format. Scanning of documents can be completed by part-time or summer staffing. Respectfully Submitted, Reviewed by: X t.� Norma I. Bry ant, Hon AMCT Cott Gawley, PA, CGA Clerk AdministratorfTreasurer OF � m The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: September 10, 2015 SUBJECT: Automatic Aid - Fire RECOMMENDATION: THAT Council approves entering into an Automatic-Aid Fire Services Agreement with Municipality of Dutton/Dunwich for higher risk facilities in their municipality at no charge. INTRODUCTION: The municipality has received a request from the Municipality of Dutton-Dunwich to provide Automatic Aid for the following the facilities: • Caledonia Gardens • Calendonia 2 • Bobier Villa LTC (County owned) • Dunwich Dutton Public School DISCUSSION: The Municipality has a Mutual Aid Agreements in place with all Municipalities in Elgin County and Municipality of Southwest Middlesex to fire services as requested. These agreements are provided at no charge. The Automatic Aid agreement would be basically an extension to the present Mutual Aid Agreement and it is anticipated that this agreement would not result a significant increase in call volume for the West Lorne Station. It is recommended that the Municipality of West Elgin enter into an Automatic Aid Agreement with the Municipality of Dutton/Dunwich at no charge for the 4 facilities in Dutton. The Rodney and West Lorne Stations presently provide Automatic Aid from 6:00 am to 6:00 pm weekdays for Structure Fires within West Elgin. Respectfully Submitted by: Scott Gawley, CP , CGA Administrator/Treasurer 6iLtiiC}AMLI.TY vF r:w 1 ELGIN R�,('.KluE� Au6 2 s 20 243 Furnival Rd., Rodney, Ontario NOL 2C0 Municipal Council of West Elgin, I would like to request the use of the large recreational surface at the Rodney Recreational Centre for a Yard/Craft Sale to be held for the Rodney Caring Cupboard and the United Way of Elgin County. I held this sale last year and you were kind enough to grant my request for no fee to be charged for the use of the room as the money is donated to charities in our community, or in our township. Nov. r� I d—`1 ' The event is (proposed)to be held on Saturday Oet.-44th,2015 but am also requesting the use of the large room for Friday, 6l' as we]I (for set up) If these dates are booked for something else, I will look at an alternate date. Nuv. j Last year$700 was raised and split between the three charities as well as 150 canned goods for the Caring Cupboard and this year should be even better since we will be advertising more and hope for more donations of TREASURED TRASH Thank you for your time and attention and I look forward to your reply. Please don't hesitate to call me with any questions or concerns. Sincerely, ,e� -,Q:,> Lori Parker 519-785-0780 (w) - 0880 (h) 4V ,a �. l �� � 13 a;,,aop�r Elgin'-.- CORPORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT APPLICATION NO. E 61115 PART LOT 8,CONCESSION 13, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by NORMAN ARTHUR MILLER, 22709 Talbot Line, RODNEY, Ontario, NOL 2CO,for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands municipally known as 222709 Talbot Line, legally described as Part Lot 8, Concession 13, Municipality of West Elgin. The applicant proposes to sever an irregular shaped lot with a frontage of 36.57 metres along Talbot Line, a rear width of 83.48 metres by a depth of 224.28 metres,Area 1.56 hectares(3.87 acres)containing one house, to add to the adjoining agricultural land to the east. The owner is retaining 19.81 hectares containing one farm storage building for wood storage, proposed to remain in agricultural use. The location of the property is shown on the Key Map below: ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday to Friday, between 8:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive, St. Thomas or at a Public Hearing to be held on: WEDNESDAY SEPTEMBER 30,2015 at 10.00A.M. Council Chambers,County Municipal Offices,450 Sunset Drive, St. Thomas Any person or public body may attend the Public Hearing and/or make written or verbal representation either in support of, or in opposition to the proposed consent. If you wish to be notified of the decision of the Land Division Committee in respect of the proposed consent, you must submit a written request to the Land Division Committee. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Land Division Committee decision may be appealed to the Ontario Municipal Board by the Applicant or another member of the public. If a person or public body that files an appeal of a decision of the Land Division Committee in respect of the proposed consent does not make written submission to the Land Division Committee before it gives or refuses to give a provisional consent,the Ontario Municipal Board may dismiss the appeal Dated at the Municipality of Central Elgin this 41h day of September 2015. KEY MAP: (not to scale) Susan D. Galloway Secretary-Treasurer Land Division Committee 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Al 110 v \� SUBJECT LANDS O ` = County of Elgin Englneedng services 450 Sunset Drive 5t.Fhomas,On N5A 5V1 Phone:519-631-1460 Ww .elgin-county.on.ca e• is OMarlo 9° Randy Pettapiece, MPP I Perth-Wellington Constituency Office Perth-Wellington Stratford, Ontario July z 1, z O 15 JUL 2 3 U` ,, y Norma Bryant Clerk Municipality of West Elgin 22413 Hoskins Line Rodney, ON .NOL 2CO Dear Ms, Bryant: Re: Resolution for Fairness in Provincial Infrastructure Funds I am writing to inform you of my upcoming private member's resolution in the Ontario legislature and to formally request your support. It reads as follows: That, in the opinion of this House, the government should guarantee thatgovernment- held ridings and opposition-held ridings be given equal and transparent consideration on infrastructure funding, and that when funding decisions are made, should guarantee that all MPPs, whether in government or opposition, begiven fair and equal advance notice of the official announcement The basis for my resolution is simple: When municipalities apply for provincial infrastructure funding,you should expect that your application would be evaluated based on merit. You should expect that it would be evaluated promptly,based on well-defined and transparent criteria. Finally, you should expect that the decision to approve your application would never depend on your MPP's political stripe. There is, after all, no such thing as Liberal; PC or NDP infrastructure money; there is only public money. That money comes from taxes that we all pay; everyone in the province should expect a similar quality of infrastructure and services, regardless of where they live. Because municipalities rely on provincial partnerships to fund critical infrastructure projects, the consequences of provincial funding decisions can be far-reaching.The provincial government must respect this partnership and ensure that government and apposition-held ridings are given equal consideration when it comes to infrastructure investment decisions.Too often, however,there is at least a persistent perception that public infrastructure dollars have, in at least some cases, been directed according to politics and not according to need. ./2 Constituency Office•55 Lorne Avenue East•Stratford,Ontario N5A 654•Tel.(519)272-0660•Toll-free:1-800-461-9701 a Fax(519)272-1064 E-mail:randy,pettapiececo@pc.ola.org Having served as a municipal councillor, I know that the process to apply for infrastructure funding is a major—and sometimes frustrating—undertaking. It often entails significant red tape and investments of staff time and resources. Before making those investments, municipalities need some assurance that,based on clear criteria,your application has a reasonable chance of success.You also need to know that your MPP will advocate on your behalf and, most importantly, decision-makers will be receptive to that advocacy no matter if the MPP serves in government or opposition. The final section of my resolution deals with infrastructure announcements themselves. These announcements must, I believe,be depoliticized in order to address the perception that opposition-held ridings are disadvantaged—or worse yet, being punished—for,voting against the government. If your municipality supports the intent of my resolution,I would encourage you to consider passing a formal resolution to support it. If your Council decides to proceed in this way, I would appreciate receiving a copy of your resolution as soon as possible. Debate on this resolution is scheduled for October 8, 2015. I would appreciate your views on this matter, and your own experience in your municipality concerning access to provincial infrastructure funds. If you have any feedback on this issue, or if you require any additional information, please don't hesitate to contact me at 519-272-0660 or by email: ran dy.pettapiececo@pc.ola orb Thank you very much for your consideration. Sincerely, f Randy Pettapiece, MPP Perth-Wellington BAwst6+�v Of Ctannmrvma� ear8e� C��� Cowen Thames onservation 31 August 2015 To Municipal Clerks and Treasurers Subject: LTVCA 2016 Budget Outlook At its meeting on August 27, 2015,the LTVCA Board of Directors considered the attached report and passed the following resolution: "that the preliminary budget for 2016 support the creation of 3 new positions(water management; ecology/biology; conservation areas manager);and that these positions be financed by a targeted levy increase of$218,859 on nine member municipalities,which would move all municipalities closer to the ratio of the Current Value Assessment of each municipality within the watershed." The rationale for this decision is multi-fold but primarily seeks to address several critical issues of risk, capacity, and financial balance. As discussed in the report,the Board has acknowledged that its limited staff complement is challenged to deliver critical programs over such a large geographic area. One of the LTVCA's core responsibilities, flood risk management, is accomplished through a combination of planning, regulation, and operation of flood control infrastructure. The LTVCA Board believes strongly that additional staff resources are necessary to adequately and safely fulfil this core responsibility. To add to this challenge, some programs have been focussed on the western portion of the LTVCA jurisdiction resulting from increasing investment by the Municipality of Chatham-Kent through the "greening partnership". Through this partnership, which sees an investment of$308,000 beyond the municipal levy, Chatham-Kent realizes an annual total program value several times their investment, in habitat creation including reforestation,wetland and prairie establishment on public and private lands. While there is considerable demand for forestry,and natural heritage support in the eastern portion of the LTVCA jurisdiction (London, and the western portions of Elgin and Middlesex Counties), the LTVCA is currently unable to service this demand, leaving landowners frustrated with the lack of service. Finally,the Authority recognizes that it must reinvest in its Conservation Areas to meet standards of public safety and public expectations regarding facilities and programs. There is great potential for growth in usage of these areas provided improvements in infrastructure, programming and marketing are implemented. I would welcome an opportunity to attend a meeting of Council to discuss this proposal and respond to questions. Yours truly, Don Pearson, General Manager 1,00Tham.esStreet, Chatham,0N:N7L2Y8. - www.ltvca.ca Phone:519-354-7310 - Fax:519-352 73435 • E-mail: admin @itvca.ca Memo To: LTVCA Board of Directors; Hearings and Personnel/Executive Committee Subject: 2016 Preliminary Budget From: D. R. Pearson, General Manager Background: Our Strategic Planning process has confirmed that a major challenge facing the LTVCA is its large geographic area and relatively few staff, impacting capacity to undertake needed services and program delivery. The LTVCA has not recovered from the impact of the loss of provincial government funding in the late 1990'x,and has been struggling to maintain a viable program since that time. While the final outcomes of the Strategic Planning Process will not be available until October, it is necessary to be proactive due to the timing of the municipal budget processes, including the City of London which is looking to approve a multi-year budget to coincide with the term of Council. In recent years,the Authority has accommodated increases in its fixed costs through nominal adjustments to the Municipal Levy, currently representing approximately half of the LTVCA's total revenue. The 2015 budget reflects a doubling of the investment by the Municipality of Chatham-Kent in funding the "Greening Partnership." While this has increased the capacity of the Authority to offer "stewardship services"to landowners within Chatham-Kent,there is only very limited capacity to meet the demand for similar services in the rest of the watershed. Over the past decade,the Source Water Protection program has provided additional capacity for technical support in areas such as Geographic Information Systems(GIS), which has become an important if not critical tool for management and analysis of the type of information and data that is an integral part of our programs. However,the level of funding has diminished to roughly$25,000 per year and covers only a portion of our human resources requirements. At the present time,the Provincial Government has released a discussion paper that contemplates a review of the Conservation Authorities Act,focussing on Roles and Responsibilities; Funding; and Governance. One of the primary concerns expressed by the Conservation Authorities and Municipalities alike is the need for increased provincial investment to shift the funding burden from the municipalities and to address the funding inequity that arises from the huge variation in assessment from watershed to watershed. Any changes resulting from this review are likely to be gradual and implemented over the longer term. In the meantime,the LTVCA Board is being asked to consider a significant increase in municipal funding for the 2016 budget to address a number of issues. Current Situation: Some examples of deficiencies in capacity are as follows: • The Authority is able to undertake only very limited stewardship actions in the eastern part of the watershed (Elgin and Middlesex Counties) as field staff are focussed on management of Authority lands and Conservation Areas; environmental education; and first nation's studies. i • In accordance with the Provincial Policy Statement(PPS) municipalities are required to ensure that decisions are consistent with the PPS for Natural Heritage. Elgin County municipalities have identified a need for expertise in this area as it is not available in house. Many Conservation Authorities are able to offer this service to their member municipalities, creating operational efficiencies. • Much of the Authorities program is focussed in the Municipality of Chatham-Kent. This is quite natural considering the history of flooding in C-K;the LTVCA's responsibility for operating a flood - monitoring and warning system and operating the flood control infrastructure. Also, since 2007 the LTVCA has participated in a "Greening Partnership"with C-K,which as a result of its expansion in 2014 has enabled the deployment of 4 full time staff dedicated to stewardship and outreach actions within the municipality. In addition, under an arrangement with the Essex Region Conservation Authority(ERCA)the LTVCA has a full time agronomist working on nutrient reduction strategies throughout the watershed, in close conjunction with the Greening Program, • Our chronic lack of capacity is reflected in the lack of surface water quality monitoring data, or at least data that is dense enough to support focussed nutrient reduction efforts which are inevitably required given the condition of the western basin of Lake Erie and recently proposed phosphorus reduction targets from Environment Canada. • Finally, the condition of many of the Conservation Authority's 25 properties is simply put, not up to standard from the point of view of public safety, and the ability to attract patrons and revenue. Further, limited staff capacity to monitor public use is putting the Authority at risk. Discussion: Management has, due to a number of recent retirements, coupled with a financial investment authorized by the Board, been able to boost staff capacity in a significant way over the past two years. A full-time regulations enforcement position was created to support a growing workload relating to development activity affecting the Lake Erie Shoreline,the Thames River and the vast network of municipal drains. Within administration we have recruited a financial professional and an office administration specialist who have identified cost savings while boosting the capacity of the office to support operating programs. Much has been accomplished already, but there is much more to be done. An area of prime concern for the Authority is its limited capacity in the area of its primary responsibility, flood control. This program falls under the responsibility of the Water Management/GIS specialist. In addition to those two functions, this position by virtue of its expertise is also responsible for managing the Authority's IT and network, a full time responsibility in itself in similar sized organizations. Without being too alarmist,the Authority's flood control system is literally a one person operation, augmented by other staff with limited technical credentials to support a prolonged event or to step in should the principal staff person become incapacitated. In the short term we have undertaken to have some cross-training with other CAs in particular the Upper Thames River Conservation Authority(UTRCA) with whom we already share an automated data logging and web publishing system. In spite of this, it is essential to add a full-time position to support the water management program and provide a level of redundancy in our flood response capacity. Table 2—Comparison of Conservation Authorities' Revenue,Area and Population* Table 1: Diversity of Conservation Authorities' Revenue,Area and Population1' Total Revenue Area Population WACA TRCA SCRCA SNRCA SPCA RVCA RRCA "^ GCA ORCA Iq rN ! NVGA Nam CA HQCA NPCA URCA LIVCA LTCA mss. LTVCA LPRCA lRCA I LSRCA �=a KCCA Jb MCA HACA GiandRCA Ummmoom PRCA -"v CVCA CVt rM Hatton RCA CLUCA CCCA � CRCA j rs a rt MICA So.o $40.0 Sao. 0 500000 1=00 IWo a 2,000,000 4M0.0co 9,004,040 18 Revenues shown in $Millions, Areas in Hectares, Population in millions * Taken from Conservation Authorities Act Discussion Paper, Ontario Environmental Bill of Rights Registry number 012-4509:www.ontario.ca/EBR A �°'��nv ae C�zetaes�*,+a�fas3 �§n2�rPa C7nsel'"IV'ation 2 September 2015 GAO's, Clerks LTVCA Member Municipalities Subject: Review of the Conservation Authorities Act—EBR Posting 012-4509 At its meeting of August 27, 2015, the LTVCA Board of Directors considered the attached report(with attachments)and endorsed the following recommendation: "That the LTVCA Board support the need for the Province of Ontario to amend Section 28 of the Conservation Authorities Act to remove ambiguities concerning wetlands and to enable the issuance of"stop work orders"to improve the efficiency and effectiveness of the regulation;and that the province restore a funding mechanism which addresses the current inequities in CA financial capacity; and that the provincial government consider the establishment of an appropriate accountability framework at the provincial level which recognizes the multi-ministry nature of the Authorities' program and provides adequate legislative, policy and financial support for this essential program; and that these points be circulated to the member municipalities for their consideration and support." The basis for this recommendation is summarized within the August 27 report. The LTVCA Board respectfully requests your consideration and support of its position regarding the need for increased tools to effectively and economically administer its regulation concerning development and interference to wetlands (0, Reg 152/05). Further,the Board believes that the Province must reinvest substantially in the Conservation Authorities program, recognizing the limited financial capacity of more rural areas and to provide funding based on demonstrated need. Finally,the Board considers the multi-ministry nature of the CA program requires an adequate accountability framework at the provincial level. Representatives of the Lower Thames Valley Conservation Authority would be pleased to attend a meeting of your Council should you require further information or clarification. Additionally,there is an opportunity to attend a "Municipal Engagement Session" on Tuesday,September 8,2015 at London Public Library from 1:00 pm until 4:00 pm. Your participation or submission will assist the Provincial government in determining appropriate amendments to the Conservation Authorities Act to ensure that sound watershed and environmental management programs endure for the benefit of present and future generations, Yours truly, Don Pearson,General Manager Attach: LTVCA Board Report; CO Whitepaper; MNRF Discussion Paper;Schedule of Municipal Sessions 100 Thames Street, Chatham, ON N7L2Y8 - www.ltvca.ca Phone:519-354-7310 • Fax:519-352-3435 - E-mail admin@itvca.ca Memo To: LTVCA Board of Directors Subject: Conservation Authorities Act Review Date: August 27, 2015 From: D. R. Pearson, General Manager Background: In October of 2013, Conservation Ontario produced a "white paper"entitled "Watershed Management Futures for Ontario" outlining a number of issues from the challenges facing watershed managers due to changing climate,to the need for clarification around roles, responsibilities,funding and governance. This discussion paper(attached)was widely circulated among provincial ministries, municipalities, environmental organizations and the development industry, and called for the provincial government to take the lead in a broad discussion among stakeholders to address these issues. It was felt that such a discussion would be timely and relevant given the previously released report of the Commission on the Reform of Ontario's Public Services(2012) which called for modernization and transformational change across the provincial government. Some initial traction was obtained within the Ontario government among a number of ministries at a senior staff level. Following the election of the Wynne Government in 2014,the Parliamentary Assistant to the Minister of Natural Resources, Eleanor McMahon, revealed in a "mandate letter"from the Premier that the government tasked her to lead a review of the Conservation Authorities Act. Current Situation: In July of 2015,the province posted a "Discussion Paper—Conservation Authorities Act—A review of the roles, responsibilities,funding and governance of conservation authorities under the Conservation Authorities Act" on the Environmental Bill of Rights Registry, EBR Registry number 012-4509. The posting is for 90 days, the deadline for providing comments being October 19, 2015. Conservation Ontario has prepared a preliminary response to a series of specific questions which are organized under three themes: Governance; Funding Mechanisms; and Roles and Responsibilities. These themes are consistent with the issues raised in the Conservation Ontario whitepaper and are critical considerations to enable Conservation Authorities to continue to be effective agents of environmental management for the future. Conservation Ontario will also be coordinating an "engagement strategy"to ensure that as many stakeholders as possible are reached and encouraged to provide their comments. Individual Conservation Authoritie$ have the opportunity to submit individual responses as well as contribute to the Conservation Ontario submission. LTVCA staff have provided initial comments to the Conservation Ontario response and also participate on the CA Act Review Working Group, which includes a number of Conservation Authority General Managers. Discussion: Conservation Ontario Council has maintained a list of priority legislative amendments to the Conservation Authorities Act that are largely administrative in nature, including the need to amend the maximum term of member appointments (currently 3 years)to be consistent with the municipal election cycle. Other more substantive amendments involve amendments to the regulation made under Section 28,the "Regulation of development,interference with wetlands and alterations to shorelines and watercourses",to provide injunctive powers and to resolve an important distinction in the current regulation as to the type of wetlands subject to the regulation. Additional questions for consideration under"governance" may include qualification for appointment, eg.elected vs non-elected municipal representatives; provincial appointments, and accountability, an often controversial subject in terms of members'fiduciary responsibility to the CA Board vs their appointing municipality. Further, the yet to be proclaimed Ontario Non-profit Corporations Act(ONCA) applies in its current form to Conservation Authorities who would be required to pass by-laws pursuant to ONCA in addition to administrative regulations under Section 30 of the CA Act. Responsibility for oversight of the CA program is likely to be a vigorously debated question, as legislative and policy changes over the past two decades have substantially diminished provincial oversight; rather putting more responsibility for oversight on the member municipalities. This has resulted in some issues relating to consistency and perceived accountability given the Ontario Minister of Natural Resources and Forestry has responsibility for the legislation, but has limited powers to ensure compliance. Coupled with this legacy is the contemporary reality that the Conservation Authorities serve the interests of multiple ministries including the Ministry of Environment and Climate Change (Clean Water Act,ground and surface water monitoring),the Ministry of Municipal Affairs (Provincial Policy Statement,Greenbelt, Oakridges Moraine, Niagara Escarpment, Flood and Hazard Policy, Wetlands and Natural Heritage) as well as the interests of Tourism, Culture and Recreation. It is expected that the discussion around Roles and Responsibilities will be substantive. Finally, the question of funding is an important and enduring topic in provincial/municipal relations. Since 1997 the burden of funding has largely fallen to the municipalities within a watershed,with the result that huge inequities exist which directly impact a Conservation Authority's capacity to implement an adequate program. The attached table, borrowed from the province's discussion paper, illustrates the variation in financial capacity, area and population. Bluntly put,there is a need for the province to reinvest in the Conservation Authorities program to restore capacity and create some level of equity, based on need. Recommendation: That the LTVCA Board support the need for the Province of Ontario to amend Section 28 of the Conservation Authorities Act to remove ambiguities concerning wetlands and to enable the issuance of "stop work orders" to improve the efficiency and effectiveness of the regulation; and that the province restore a funding mechanism which addresses the current inequities in CA financial capacity; and that the provincial government consider the establishment of an appropriate accountability framework at the provincial level which recognizes the multi-ministry nature of the Authorities' program and provides adequate legislative, policy and financial support for this essential program; and that these points be circulated to the member municipalities for their consideration and support. Table 1;Diversity of Conservation Authorities`Revenue,Area and Population'$ Total Revenue Area Population UTAGA SNACA SOURCA SVCA Ir+ I RVCA iu :.,azcua_aa j RRCA GGA uqr i ^-r r+ as,:rsary ra: ORCA ,,;A NVCA NSUCA NOCA NPCA I , WC MA UVCA i ca w UCA a€e LIVOA u I � LPRCA iaa �SU>rv,ir LRCAs! a LSRCk KCCA h.- KRCA HRCA OSCA GrAndRCA GRCA rxa �1 ERCA CVCA r.V4: NNW Hmkon RCA CLQCA CCCAn CRCA I s:: vac ABCA �o .� Ste• Bp6QCD 10GOGtl0 15DWO 0 240000 4.00O.004 8,O00OOO 18 Revenues shown in$Millions,Areas in Hectares, Population in millions * Taken from Conservation Authorities Act Discussion Paper,Ontario Environmental Bill of Rights Registry number 012-4509;www.ontario.ca(,EBR Subscribe Share Past Issues "r ranslatE WOWC Appeals to Province for Broadband Support View this email in your browser " t a y' Southwestern ® Integrated a Fibre e Technology Western Ontario Wardens' Caucus Appeals to Province for Broadband Support NIAGARA FALLS, On (August 18, 2415) —The Western Ontario Wardens' Caucus (WOWC) is ensuring that its efforts to bring ultra-high-speed internet across the region is on the Province's radar at the Association of Municipalites of Ontario conference in Niagara Falls. WOWC updated Minister of Economic Development, Employment and Infrastructure Brad Duguid about the project, which aims to address the region's long-term readiness as the demand for connectivity grows. The Caucus delegation thanked Minister Duguid for his support thus far, as the project tries to pull together nearly $189 million in provincial and federal funding. The balance for the $287 million project will come from municipal and other public and private sector partners. "The internet is constantly evolving and changing —and requiring more and more speed, bandwidth and reliability," said WOWC Chair, Chatham-Kent Mayor Randy Hope. "It's imperative that our region has the fibre optic foundation needed to access a connected global economy and to deliver effective public services." SWIFT will connect to and build on existing fibre networks to create a regional fibre backbone that is closer to customers. This will facilitate improved local access to 1G service for the entire region, using a combination of public and private funding. "Our role will be to direct public funding to address the gaps in broadband infrastructure that are leaving some communities behind, because the market cannot meet their needs alone," said Gerry Marshall, Warden of Simcoe County and Chair of the SWIFT committee. The public funding will trigger private investment from ISPs, who will continue to own and operate their networks and deliver services directly to customers. WOWC is committed to working with local and national providers to meet communities' broadband needs. Once the network is built, a dedicated service fee will be reinvested into expanding fibre connectivity to everyone. This self-funding model will help the region keep pace with ever-changing demand and needs. An external, third-party review by Dr. Reza Rajabiun, a Ryerson University researcher with national expertise in broadband infrastructure and competition policy, has endorsed SWIFT's approach to building and funding the network. About the Western Ontario Wardens' Caucus and SWIFT WOWC is a not-for-profit organization comprised of the heads of council from 15 rural municipalities in western Ontario. The SWIFT project will serve an area of more than 3.5 million represented by WOWC, as well as the Region of Niagara and the cities of Orillia and Stratford, who have joined the project. The project is also seeking to work closely with First Nations communities in western Ontario to make sure that they too benefit from the project. For more information: Sonya Pritchard, CAO Dufferin County, SWIFT Network Project Lead Phone: (519) 941-2516 ext 2542 Email: spritchard_ d.ufferinc.o_unty..ca Copyright©2015 Western Ontario Warden's Caucus Inc.,All rights reserved. unsubscribe from this list update subscription preferences_ - 3 3 SEP 0 2 243 Furnival Rd., Rodney, Ontario NOL 2C0 Municipal Council of West Elgin, I would like to request the use of our world famous jail for a charitable event on Friday Sept. 18th between 3 --5 pm. My LCBO store was successful in our recent"Just Ask"campaign to raise funds for the programs/agencies supported by the Elgin County United Way. I have attached a list of these for reference as well as an indication of the IMPACT that the funds raised by LCBO had on our community. While these figures are for the entire campaign from 2014—we are well on our way in achieving fantastic donations this year. Since Rodney LCBO was a winner due to the 25.86%of transactions that resulted in donation—we get to "jail"our auditor—Jeff Dunlop. He will then have to beg bystanders to be released! These collected funds will give LCBO Rodney a kick start to the Second Phase of our campaign which begins Sept. 20. I chose Sept. 18th to coincide with Rodney Fair as I believe we can gather a crowd for this event(on the way to the Fair). I will invite local press both to promote and then capture this moment in order to accentuate the positive events that happen in Rodney plus showcase the generosity of members of our community. Last year LCBO Rodney was the store with the highest% of transactions for the entire COMPANY(650 stores). Therefore this notoriety will fit well with our famous jail. Thank you for your time and attention and I look forward to your reply. Please don't hesitate to call me with any questions or concerns. �Sincerely, Lori Parker 519-785-0780 (w) - 0880 (h) t E:Lc j C�u �-r� UAj re u/A� Agency Elgin Comm Nutrition Partnersghip School Nutrition Program ( S CC- Second Stage Housing Childrens Program YMCA Community School Program Strong Kids Program YWCA Harmony House YWCA Women's Residence Aylmer Youth Programs West Elgin Youth Programs Jabez Therapy Ranch Therapeutic Riding Mennonite Comm Services Volunteer Program Family Education &Support Program of Aylmer Elgin-St.Thomas Youth Emp Councelling Ctr. Talbot Teen Ctr Councelling Program Leadership Mentoring Program Youth at Risk Program Homework Club Big Brothers/ Big Sisters Community Based Mentoring Programs Canadian Mental Health Assoc. Inn Out of the Cold CNIB Vision Rehab Program Epilepsy Support Ctr Education Outreach &Support Services i Pearce Williams Christian Ctr Summer Camp Programs Salvation Army-Corrections Alternatives for Youth Salvation Army Comm. & Fam Services St Thomas-Elgin Umemployment Help Ctr The Advocacy Centre West Elgin Community Health Ctr Gift A Ride S te_ o'`�4a-c LP_cL Serenity House Hospice Kids Grief Camp P , change starts here, linked Way 4D Elgin-5t. Thomas 2014 Campaign Results LCBO (Rodnev ThankV01to everyone who supported our 2014 United Way Campaign Raised: Campaign. The money that is donated locally $2,587 supports local agencies and programs. United Wa ! ■Wealthy People,Strong Y Communities Investment ■From Poverty to Breakdown Possibility e All That Kids Can Be Across the three focus areas, your donations are hard at work. For Example*: Healthy People, Strong communities M nutrition Students reached their full Because of potential thanks to this school 0 your Investment. 7 program. Snao+kg'- A°r O%Ar LOCO L Frorn PouenV to Possibility brtd. S sC�.O�t People were gifted a ride. Without Because of your investment: this ride they would not have had access to transportation for medical appointments. All That Kids Can Be l Children attended a summer camp Because of your investment: program that taught them independence and valuable life 9D skills. *These numbers are examples of what donations funded during the 2014 campaign PH:519-768-9986 1 EM,info @theartsandcookerybank.com I www.theartsandcookerybank.com 242 GRAHAM ROAD,BOX 174,WEST LORNE,ONTARIO NOL 2Po August 18,2015 Bernie Wiehle Mayor Municipality of West Elgin 22413 Haskins line Rodney, ON N01-2C0 Dear Mayor Wiehle, On behalf of The Arts&Cookery Bank's Board of Directors,staff,summer interns and volunteers I would like to thank the Municipality of West Elgin for supporting our 2015 Outrageously Rural Food Fight Competition and Extravaganza. We were pleased to have more than 350 visitors/tourists attend and participate in this event, including folks from Ottawa,Toronto, Strafford and other areas in the Southwest Ontario region. During Saturday's Extravaganza event,the"People's Choice"voting process was an overwhelming success, Winners were selected from the 22 spreadable paste combinations created during our five-day culinary Black Box competition, The awardees represented teams from various areas across Southwestern Ontario. Attached is a summary of the overall event,outlining the social media impact across the region and beyond. We wanted to demonstrate the value these types of regional events have on our rural communities,as well as, Municipality of West Elgin as a sponsor, Finally,we would like to thank the WE Black Box Team for joining the fight! It was a lot fun and really started the Extravaganza off on a strong footing. Again,thanks to all of the counsel members for their ongoing support to The Bank. Thank you, Best regards, Grace McGartland Chair CC: Scott Gawley From: Ann Smith/Melanie Rose <westelgin @westelgin.net> Sent: August-27-15 8:20 AM To: Norma Bryant Subject: FW: Bill 100-Supporting Ontario Trails Act Attachments: REPORT CAO 2015-03 TRAILS.pdf From: Kate Surerus jmall to.ksurerus @ ham!Itontownship.ca] -Sent: August-26-15 2:21 PM Subject: Bill 100 - Supporting Ontario Trails Act Hello ail, At the Special meeting of Council held July 24, 2015, the following resolution was made and is being circulated to your council for consideration and support. SC RES: 2015-186 Moved by Councillor McCourt, Seconded by Councillor Cane THAT Council receives Report CAO 2015-03 regarding Bill 100 - "Supporting Ontario Trails Act" and supports Bill 100 overall and recommends that concerns of stakeholders, such as ROMA and OFA with respect to liability and trespassing, be incorporated into the Bill. WHEREAS Bill 1001 Supporting the Ontario Trails Act has the following purposes: 1. To increase awareness about and encourage the use of trails. 2. To enhance trails and the trail experience. 3. To protect trails for today's generation and future generations. 4. To recognize the contribution that trails make to quality of life in Ontario. AND WHEREAS the Association of Municipalities of Ontario has had input into this Bill looking out for municipal interests AND WHEREAS the Bill includes stronger penalties for property damage and trespassing to discourage such actions AND WHEREAS the Bill will be asking for best practices to be created and will have participation in these practices be voluntary THEREFORE not creating undue hardship on the municipality AND WHEREAS this is complementary to the Hamilton Township Strategic Plan Health/Recreation/Lifestyle Goal: "To promote healthy lifestyles and to meet the broad range of community needs." NOW THEREFORE LET IT BE RESOLVED THAT the Council of the Township of Hamilton supports the overall direction Bill 100 Supporting the Ontario Trails Act AND FURTHER LET IT BE RESOLVED THAT the Council of the Township of Hamilton encourages the government to continue to work with stakeholder such as ROMA and OFA to enhance the liability and,trespass provisions of the Bill AND FURTHER LET IT BE RESOLVED THAT the Council of the Township of Hamilton forward this resolution for consideration by all other municipalities in the Province of Ontario. CARRIED Regards Kate Surerus, A.M.C.T. Director of Corporate Services/Clerk The Corporation of the Township of Hamilton P0 Box 1060 COBOURG ON K9A 4W5 905-342-2810 X110 905-342-2818 Fax www.hamiitontownshi .ca The Corporation of the Township of Hamilton REPORT TO: Members of Council , REPORT No., CAO 2015-03 SUBMITTED BY: Arthur Anderson, CAO DATE: July 23, 2015 h Subject: Sill 100 - officially titled the "Supporting Ontario Trails Act". RECOMMENDATION: Requires Action R For Information Only F7 In Camera Only It is recommended that Council: 1. Receive the report on Bill 100 — officially titles the "Supporting Ontario Trails Act." 2. Pass a resolution in overall support of the Bill and recommending concerns of stakeholders, such as ROMA and OFA with respect to liability and trespassing, be incorporated into the Bill. ORIGIN/BACKGROUND/DISCUSSION: Council will recall receiving information on Bill 140 is officially titled the "Supporting Ontario Trails Act". Staff have reviewed the proposed legislation and have the following highlights to report. • Discussion on legislation has been undertaken for some years. Various stakeholder / groups who have been seeking legislation include private landowners, agriculture, trails groups, various levels of government, and others. • Issues raised by stakeholders have included: o liability concerns • Trespass • Protection of property • Securing land for trails • Financial concerns (taxation, non-profit status) • Training • Policy development • User conflicts • A copy of the OFA and ROMA submission on the Bill has been attached to this report for reference. • Bill 100 is the culmination of input from stakeholder groups and the implementation of the Ontario Trails Strategy which began in 2045. • Changes to the regulations appear to improve the ability of trails operators to more independently maintain trails while retaining the requirement that trails maintenance work is done in a manner that protects the environment. • Changes to various regulations, changes to definitions, improved ability to enforce Regulations, and increased fines strengthen the ability of trails operators to manage their trails. • Changes under the Act (and related legislation) offer improved ability to develop agreements with private landowners For the establishment of trails under easements. • Duty of care appears to be relieved to varying degrees for non-profits. FINANCIAL IMPLICATIONS: No specific financial issues are identified for the Township, although fencing, liability and signage issues may need to be addressed in the future, as more trails are developed and used in the community. CONCLUSIONS: It is recommended that Council acknowledges receipt of CAO Report 2015-03 regarding Bill 100 - officially titled the "Supporting Ontario Trails Act". That Council Pass a resolution in overall support of the Bill and recommending concerns of stakeholders, such as ROMA and OFA with respect to liability and trespassing, be incorporated into the sill. Prepared by: Arthur Anderson Attachments Resolution Re: Bill 100 Supporting the Ontario Trails Act WHEREAS Bill 100, Supporting the Ontario Trails Act has the following purposes: 1. To increase awareness about and encourage the use of trails. 2. To enhance trails and the trail experience. 3. To protect trails for today's generation and future generations. 4. To recognize the contribution that trails make to quality of life in Ontario. AND WHEREAS the Association of Municipalities of Ontario has had input into this Bill looking out for municipal interests AND WHEREAS the Bill includes stronger penalties for property damage and trespassing to discourage such actions AND WHEREAS the Bill will be asking for best practices to be created and will have participation in these practices be voluntary THEREFORE not creating undue hardship on the municipality AND WHEREAS this is complementary to the Hamilton Township Strategic Plan Health/Recreation/Lifestyle Goal: "To promote healthy lifestyles and to meet the broad range of community needs." NOW THEREFORE LET IT BE RESOLVED THAT the Council of the Township of Hamilton supports the overall direction Bill 100 Supporting the Ontario Trails Act AND FURTHER LET IT BE RESOLVED THAT the Council of the Township of Hamilton encourages the government to continue to work with stakeholder such as ROMA and OFA to enhance the liability and trespass provisions of the Bill AND FURTHER LET IT BE RESOLVED THAT the Council of the Township of Hamilton forward this resolution for consideration by all other municipalities in the Province of Ontario. Inviromnental Registry Pagel of z }4 , Environmental Regis" w J�•-— . s V.Registre enviro4nenental o? ] tar+ ' Government of Ontario Site Map Francais About the Registry l n Search How do I ...? 1 MyEBR I 1 101 FAQs j @ 1 Links l 0 1 Contaot us 111 Home Act Proposal Notice: EBR Registry Number: 012- 4102 Title: Ministry: Bill 100- Proposed Supporting Ontario's Trails Act,2015 Ministry of Tourism, Culture and Sport Date Proposal loaded to the Registry: May 13, 2015 Keyword(s): Land I_Water I Parks Comment Period: 45 days: submissions may be made between May_13,2015 and June 27, 2015' 7 Description of Act: Contact: The Ontario Trails Strategy was developed collaboratively by numerous provincial All comments on this ministries and agencies, stakeholders and Aboriginal groups, and released in 2005. proposal must be directed to: It established long-term strategic directions for planning, managing, promoling and using trails in Ontario. However, a number of long-standing issues have persisted. Gillian Steeve In fall 2013, the Ministry of Tourism, Culture and Sport led consultations with the Manager public, stakeholders and Aboriginal groups on ways to strengthen the Ontario Trails Ministry of Tourism, Culture and Strategy. This included outreach through the Environmental Bill of Flights Registry, Sport five regional stakeholder sessions, and two Aboriginal engagement sessions. Sport, Recreation & Community Through this process, legislative needs were identified, including a mechanism for Programs Division trail easements to help secure long-term access to land for trails, amendments to 777 Bay Street the Occupiers' Liability Act to clarify the "free entry" provision and amendments to Floor 23 the Trespass to Property Act to increase fines and remove the limit on College Park compensation for damages. Toronto Ontario M7A1S5 The proposed Supporting Ontario's Trails Act, 2015 (Bill 100), includes six Phone: (416) 326-4370 schedules. If the bill is passed: To submit a comment online, Schedule 1 would establish a new.act entitled the Ontario Trails Act, 2015 that click the submit button would: below: Proclaim an annual trails week, to coincide with International Trails Days Submit Comment which is held on the first Saturday in June. This could allow for the coordinated promotion of trails across Ontario. Allow for the recognition of Ontario trails of distinction, the establishment of a Additional Information: voluntary classification system and voluntary best practices and the setting of trail-related targets, to enable promotion and tourism opportunities and The documents linked below consistent information for trails across the province. are provided for the purposes Require the Minister to maintain a trails strategy that is periodically reviewed, of enhancing public Progress on.its implementation would also be reported on. consultation. Set out consultative and publication requirements for the establishment of All links will open in a new targets, a voluntary classification system, voluntary best practices, a process window for recognizing Ontario trails of distinction and the review of the Ontario Trails 1. Ontario Trails Strategy Strategy or the current trails strategy. 2. Discussion Per: ittp://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeld=MTIOO... 12/06/20 I environmental Registry Page 2 of Set out a mechanism for eligible bodies, or their nominees, to enter into trail Strengthening Ontario easements, with or without covenants, with willing landowners, to allow the s Trails Strate long-term securement of land and help minimize the costly rerouting of trails. 3. Bill 1DO-Proposed 8u forting Ontario's Schedule 3 would amend the Occupiers'Liability Act to: Trails Act,2015 Clarify that the lower standard of care applies to occupiers of trail property which are not-for-profit or public sector organizations, even if there is an incidental fee related to access onto or use of the land, such as for parking; or if a public benefit or payment is given to a not-for-profit trail manager. : Amend the list of lands to which the lower standard of care applies to add portages, Schedules 2 and 4 would make complementary amendments to the Motorized Snow Vehicles Act(Schedule 2)and Off Road Vehicles Act(Schedule 4) to, Align with the amendments that would be made to the Occupiers' Liability Act. Schedule 5 would amend the Public Lands Act to; . Make damage to Crown land and property an offence (definition of damage to be set out in a subsequent regulation, this offence provision would have no effect until the regulation is made and approved). Enable a court to order a person, who has been convicted of this offence, to rehabilitate the damage. . Provide the Ministry of Natural Resources and f=orestry with new enforcement tools to stop vehicles, inspect documents, and arrest persons suspected or caught violating the Act. Increase the maximum penalties for offenders and the length of time to initiate charges, specifically: There will be different maximum penalties for individuals and corporations, and for subsequent offences, For individuals, the maximum penalties would increase from the current $10,000 to $15;000 for first offences and $25,000 for subsequent offences, For corporations, the maximum penalties would increase to $25,000 for first offences and $50,000 for subsequent offences; 4 Allow the courts to, in addition to the new penalties noted above, impose an additional penalty equal to the amount of money gained by person(s) violating the Act; and Increase the limitation period (from the current two years from offence) to two years from discovery up to a maximum of 5 years from offence, Schedule 6 would amend the Trespass to Property Act to: Raise the maximum fine from$2,000, set in 1989, to $10,000. Remove the limit on the amount recoverable in damages at the time of prosecution. If passed; schedules 1, 3 and 6 (i,e. the Ontario Trails Act, 2015 and amendments to the Occupiers'Liability Act and Trespass to Property Act) would .come into force on a day to be named by Proclamation If passed. schedules 2 and 4 (i.e. the complementary amendments to the Motorized SnOW? Vehicles Act and Off-Road Vehicles Act) would come into force on the day amendments to the Occupiers'liability Act come into force. ittp://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent:.do?noticeld=MTIOO... 12/06/201`. Invironmental Registry Page 3 of If passed, schedule 5 (i.e. the amendments to the public Lands Act) would come into force on the day the Supporting Ontario's Trails Act, 2015 receives Royal Assent. Purpose of Act: The proposed Supporting Ontario's Trails Act, 2015, if passed, would help to address a number of long-standing trail issues, including the need for a legislative mechanism to establish trail easements, clarifying liability and the standard of care required by not-for-profits and public organizations, and increasing allowable compensation for damage to property due to trespassing. It would also provide opportunities for enhanced trails tourism and the enhanced management, promotion and use of trails. The proposed Act would enhance the Ministry of Natural Resources and Forestry's ability to manage trails on Crown land by providing greater compliance anal enforcement options, and by creating an offence for damage to Crown land and property. Other Information: This proposed Supporting Ontario's Trails Act, 2015, if passed, would complement other trail related initiatives including the development of the Pan/Parapan Am Trails, the Waterfront Trail at Ontario Place, as well as the Ontario Cycling Stralegy and first action plan. In the coming months, the Ontario Government would also be engaging trail stakeholders on plans to further implement the Ontario Trails Strategy. Public Consultation: This proposal has been posted for a 45 clay public review and comment period starting May 13, 2015, If you have any questions, or would like to submit your comments, please do so by June 27, 2015 to the individual listed under "Contact". Additionally, you may submit your comments on-line. All comments received prior to June 27, 2015 will be considered as part of the decision-malting process by the Ministry if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 012-4102, Please Note: All comments and submissions received will become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal. Other Public Consultation Opportunities: If the proposed Supporting Ontario's Trails Act, 2015 is passed, there are several elements that would require further consultation with stakeholders, other ministries, provincial agencies, the public and Aboriginal groups. Consultations would occur at a later date only if it were passed. The Ministry of Tourism, Culture and Sport would consult on the following elements set out within Schedule 1: . A process for recognizing Ontario trails of distinction; A voluntary classification system; Voluntary best practices; ittp://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeld=MTIOO... 12/06/201 I vironmental Registry page of The periodic review of the Ontario Trails Strategy; and Establishing trails-related targets. The Ministry of Natural Resources and Forestry would consult on a regulation defining damage to Crown land and property. Add Notice into My Watch Lis The materiais on this web site are protected by Crown copyright. You may copy and re-distribute any of the Environmental Bill of Rights information on this web site provided that the contents remain unchanged and the source of the contents Is clearly referenced. You are not permitted to alter or add to the contents, ONTARIO HOME I CONTACTS I HELP I sITEMAP I FRANCAIS P'On flo This site is maintained by the Government of Ontario,Canada. PRIVACY I IMPORTANT NOTICES Copyright information. ©Queen's Printer for Ontario. 1994.2015 i ittp://www.ebr.gov.on-ca/ERS-WEB-External/displaynoticecontent.do?noticeld=MTI00... 12/06/201 OFO' Ontario AgriC.entre 100 Stone Road West, Suite 206; Guelph, Ontario N1 G 51-3 Ontario Federation of Agriculture Tel: (519)821=8883 . Fax: {579)821-8.810.www.ofa.on,ca June 24, 2015 - Ms. Gillian Steeve, Manager Sport, Recreation and Community Programs Division Ministry of Tourism, Culture and Sport 777 Bay Street, 23rd Floor Toronto; ON M7A 195 Dear Ms. Steeve; RE, EB-R Registry 012-4102 Bill 100--Proposed Supporting Ontario's Trails Act, 2015 The Ontario Federation of Agriculture (OFA) is Canada's largest voluntary general farm organization, representing.more than 36;000 family farm businesses across Ontario. These farm b.uslnesses form the backbone of our robust food system and rural communities with the potential to drive the Ontario economy forward. As a long-standing member of the Ontario Trails Coordinating Committee, the Ontario Federation of AgHpUlture welcomes the opportunity 'to present the perspectives of Ontario's farmers on Bill 100. Ontario's farmers have a unique perspective on trails; many voluntarily permit seasonal snowmobile trails to use portions of their farms, •a number trails based on former railway rights-of way cross through farms, and there is mounting societal pressure for increased recreational access to privately-owned lands. Section 7 of the proposed Ontario Trails Act, 2.015 enables the Minister to develop "best practices". While the development of trails hest practices is laudable, compliance with these trails best practices will only be voluntary. If compliance with best practices is to be voluntary, then the OFA recommends that trails funding be tied to compliance with and adherence to these trails best practices. We also note no direction on the potential trail-related matters that would be addressed through these best practices; Over the years:, OFA has heard from farmers from all across Ontario concerning their experiences with trails. We've assembled those into the attached surnmary paper, RAILS TO TRAILS CONCERNS OF ADJACENT PROPERTY OWNERS. Adjacent farmers have identified a broad range of concerns related to the operation of recreational trails that run through or adjacent to their farms. To date, thirteen different topics have been identified. The OFA recommends'th at Bill 100 be amended to include these thirteen issues as the basis of guidance to trail operators on specific best practices, thereby enabling them to address the legitimate concerns of farmers and other rural property owners with lands either crossed by a recreational trail., or with a recreation trail adjacent to their property. The Ontario Federation of Agriculture enables prosperous and sustainable farms. E i Section 8 establishes mandatory reviews of Ontario's Trails Strategy and routine progress reports on the implementation of the Trails Strategy. However, there is no specified review schedule; only that reviews will occur when the Minister considers a review "appropriate". The OFA proposes that reviews of Ontario's Trails Strategy occur at least every ten years. Under. section 10(2) the Minister shal'I .ensure that the tralls..strategy, etc. are not inconsistent with Ontario legislation. Whlle this statement is positive, OFA believes that the province must clearly comM.unicate the various Act and their provisions_,applicable to trails to: 'rail operators to ensure all are fully.informed of their obligations. For example, trail proponents and operators must be made aware of applicable statutory provisions, such as the Line Fences:Act, pertaining to the fencing of former railway rights-of=way adjacent to agricultural lands, The province should also provide financial assistance to municipalities and trail operators to ensure they can fulfil this statutory obligation. Public access to trails Information, as identifled in section 1.1, is positive. Under section 12 private land owners may grant an easement to an eligible body for a trail. Given. that this easement is fully voluntary, OFA has,no objections to these provisions. That being said, section 12 seems to lack provisions for termination of an easement, by the property owner. Provisions to terminate an easement before its term expires must be added to section 12 of the proposed Ontario Trails Act, 2015. The subject of merged land titles of farm properties has posed difficulties for a number of ns Ontario farmers caught.ultiaware of the. coequences of acquiring an additional farm property abutting their"home" farm. They become aware that the titles have merged only when trying to sell one-of their farms, or when planning the transfer of farm. prope:riies to the.it children. To date the provincial:gover6ment has been unsympathetic and unwilling to address this scenario; one that only in:volves properties under the Land Registry System. Now we note that under section 12(1b), an "eligible body will not be similarly burdened by a merged land title. This inequity is completely unjustifiable and unacceptable, if an "eligible body" is shielded from the burden of a merged land title, then so should all other property owners. OFA requests that the province amend its legislation to ensure private landowners are not similarly burdened by merged titles. Schedule 3 (Occupiers'Liability Act) The proposed amendments to the Occupiers' Liability Act simply do not address the legitimate liability concerns of farmers and other rural property owners whose property is crossed by, or adjacent.to a recreational grail. Specifically, property owners need protection should a trail user leave the trail property, trespass on private property, and sue the private property owner for any "Injuries". Farmers and other rural property owners deserve liability protection in the instance of trespass. Schedule 6 (Trespass to Pror�eitrr Act) The proposed amendments to the Trespass to Property Act would Increase the maximum fine from $2;000 to.$10;000 [section 2'(1)] and remove the current$1000 ceiling on damage awards on conviction of trespassing; leaving no ceiling on awards [section 12 (1)]. Incidents of trespass often prove costly to farmers. Unauthorized access to croplands by motorized vehicles damages crops. Diseases, blights, etc. can be transferred from farm to farm on vehicle tires or even footwear, damaging or even destroying crops or livestock. 2 The proposed amendments to the Tres :ass to_Pro a . :Aot.do not address OFA's long-standing requests. Our requested amendments to the Tresb:a�s to ProperfjAt are clearly, concisely and thoroughly set out in Bill 36, a Private Members Biii aimendir g the Tresnass to Property Act, proposed by MPP Sylvia Jones. OrNs. long-standing., proposal for amendments to the Trespass to Property Act focuses on`a set minimum fine.of$:500. There currently are no set minimum fine provisions in the Act, and Sill 100 proposes no set minimum fine. We firmly believe that a set minimum fine of$500 would serve as'a more.effective deterrent to trespassing than any increase. in the 'maximum fine, one we're unlikely to never see imposed. OFA demands the Tres ass to Prft4fty Act aniandm.ents'contained in Bill 30 be wholly incorporated into Schedule 6 of Bill 1'o0. With respect to damage awards [section 12{1}] our ask has been for a $25,000 ceiling on damage awards on conviction of trespa5srrg, a fgure'based on the .current Small Claims Court maximum, and a figure we .balieve sufficiently high to capture those damages to agricultural crops and pro Party commonly associated with trespass. We believe that Bill 100 has overlooked: a I e.y trails-related issue; the status of farm crossings: after the.:railway has, abandoned the line and soldiher property to a municipality, trail group, etc. Those Who acquire these former.railway rights�of way often fail to recognize that the railways granted These .crosslrig rights to'farmers whose property was out in two by the rail line. These crossings provided the farmer With his/her only means to access lands across the rail line. Without the.farmer.8 continued right to use these crossings to cross the right-of-way, regardless of changes in ownership, a portion of their land is rendered useless. The OPA demands amendments in the proposed Trails Act to preserve crossing rights . OFA welcomes this opportunity to provide its perspectives on Bill 100, the proposed Supporting Ontario's Trails Act, 2015 and trusts our concerns will be addressed, Sincerely, ? Don McCabe President cc: OFA Board of Directors OFA County Federations Encl. 3 OFOqOntario AgiriCentire 100 Stone Road Wek,,5uite 206,Guelph,Ontario N1G 5L3 0storio Federation of Agriculture Tel:.(5-19)821»8883 w Fax;(5519}821-8810 r rv. ofa.on,ca RAILS-TO-TRAILS CONCERNS OF ADJACENT PROPERTY OWNERS (IN ALPHABETICAL ORDER) 1. BI:OS,ECURITY 2. DOGS 3. DRAIN MAINTENANCE 4, FARM CROSSINGS 5. FARM PRACTICES 6, FENCES 7. LIABILITY S. LITTER 9. PARKING 10. POLICING 11. PREDATOR CONTROL 12, TRESSPASSIVANDALISM 13. WEED CONTROL Revised:June 17, 2014 The Ontario Federation of Agriculture enables prosperous and sustainable farms. Proponents of railstoatralls must consider the interests and concerns of abutting farmers arising from the conversion of a rail line into a recreational trail, regardless of its proposed .use, %e. motorized or non-motori.zed. Railway rights-of-way took routes that offered,the lowest or flattest gradient. For this reason, railway corridors routinely passed close to farm houses and buildings. In some instances, the railway corridor passed between the house and barns! The lands of an.active railway corridor were private property,. owned by the railway, and policed by them too. Only authorized railway personnel were allowed on the right-o# way.'Railway police would charge trespassers, Farms cut in two by the 'railway corridor did not have to deal with people passing close to their louse, barns; fields or livestock. The only disruptions from the railway corridor came from the trains themselves, and occasional railway persorthel. Rail line abandonment and the subsequent conversion.bf#hese former railway rights-of- way into recreational trails has changed that. It. brings frail users effectively into the backyards of Ontario farms, Unfortunately, some trial users view the farmstead as a "public rest stop" along the trail, where they can :stop and rest, get a .drink of water, or use the bathroom. Services. such as these are the responsibility,of the trail operators, and if offered, must be provided on the trail property itself. 1. BIOSECURITY: Unauthorized entry onto farmland can result in crop or livestock damages. Significant harm and.financial loss can. result. to crops or livestock from diseases Introduced by unauthorized entrants. .Many Ontario farms employ blosecurity measures to maintain herd or crop health by prohibiting entry by non;farm personnel. For example, in potatoes there is the potential to.transfer blight from field to geld on the footwear of hikers who stray off the trail into one field, then another.. Similarly, livestock and poultry disease can be spread from farm to farm through human to animal contact. z. Does: Some trail users will bring their dog(s) with them. Unleashed dogs may pose a threat not only to other trail users, but alto. livestock or poultry producers adjacent to the trail: Unleashed dogs may harass or even kill livestock or poultry. Frightened livestock can injure or even kill themselves stampeding into fences, or onto roads. The local municipality is responsible for compensating the farmer for any losses to livestocklpoultry attributed to dogs. The municipality can recover the amount paid out from the dog owner. 3. DRAIN MAINTENANCE: Municipal drains constructed under the Drainage Act are maintained in accordance with their original design specifications. The implementing by-law contains the design 2 Specifications as well as an assessment schedule to assess costs to the benefitting properties in the drainage area, including roads and railways. Abandoned railway right- of-way owners are required to pay their assessed share of any drain maintenance work. 4. FARM CROSSINGS: Both the old Railway Act (S 215-21`6) and the Canada- Trans, rtation Adt (S 102-103) speak to faun or private crossings; places where property ovurirs who own land on both sides of the right=of-way were provided with a means to access these lands that would otherwise be cut-off from balance of their farm. Farmers who had a farm crossing before.abandonment must continue to enjoy the unrestricted use of their crossing after abandonment. Access to land-locked portions of the farm must remain, despite the change from rail line to recreational trail. Farm use of the crossing must take precedence over recreational use of the trail. The right to use a farm crossing roust carry on to future:owners of the farm. 5. FARM PRACTICES: Trail operators and users must recognize the rights of farmers to carry on normal farm practices, despite the fact that these: practices may cause odours, noises, dusts, etc. which may pose a. nuisance for trail users. Nuisances do not pose any risk to human health or the environment, Normal farm practices are not static. They change as new species of crops and/or livestock appear, or new farming practices are developed. Complaints about farm ;practices mist be referred to the Normal Farm Practices Protection Board, established under the Farmin sand Food Production Protection Act. Trail operators must inform trail users that farm practices may adversely affect trail ambience; i.e.. manure spreading, irrigation, crop spraying or the movement of farm equipment or livestock, all of Which are an Integral part of farming and cannot be curtailed or delayed 6. FENCES: Section 20(1) of the Lines Fences Act.(Ontario) was amended in 2006. For farmers, the construction. repair and maintenance of the fences along former railway rights-of-way are the sole and perpetual responsibility of whoever acquires the property. This includes lands. owned by the farmer as well as lands rented for farming purposes., from a non- farm owner. 20. (1) Where land that was formerly used as part of a line of railway is conveyed in its entire width by the railway company to a person, the Crown in ,right of Onfano, a Crown agency or a municipality who is not the owner of abutting land, the responsibility for constructing, keeping up and repairing the fences that mark the lateral boundaries of the land lies with that person, the Crown in right of Ontario, the Crown agency or the municipality, respectively, if (a) a farming business is carried out on the adjoining land,and 3 (b) the owner of the adjoining land on which the farming business is carried out notifies the person, the Crown in right of Ontario, a Crown agency or �a rnunicipafity, as the Case may be, that the owner desires that such person or entity:construct, keep up or repair the fences that mark the lateral boundaries of the land. In this section, "farming business"means a business in respect of which; - (a) a current farming business registration is filed under the Farm Reelstration and f=arm Organizations Funding Act, 1993 or (b) the Agriculture, Food and Rural Affairs Tribunal has made :an order under suksectjdo 2.2 (6) of iha Farm;Re rstration and Farm Organizations Funding Act TO that payment or filing be waived,* "owner"lncludes heirs, executors and assigns of the owner There is no inference in section 20(1). to sharing the cost of construction, repair or . maintenance between the right of-way ownerslaperators and'the abutting farmer. The full 100% of the fencing. :costs are borne by the right�of-way owners/operators. The reasons behind the require rhents of section 20(1) oars be traced .to the old federal Railway Act which. required railway companies to "erect and maintain on the railway fences of a minimum height of four feet six inches on each ,side of the railway": since the railway was imposed on the farms, fencing was the sole responsibility of the railway while it owned and operated the right-of way, it follows that whoever assumes ownership of the former railway right-of-way, assumes this fencing responsibility too. Cost sharing does apply to non-farm properties abutting former railway rights-of--way, The federal Railway Act was replaced in 1996.... with the Canada Transportation Act. The new Canada. Transportation. Act does not address fencing in the same manner as did the Railway Act. Fencing is now:seen as a safety issue. However, Transport Canada has riot.finalized regulations under the new Act to deal.with right-of-way fencing. Until these regulations are developed, the railways have agreed to act is if the Railway Act provisions on fencing were still'.in.force. 7. LIABILITY: Farmers are concerned that despite the provisions of the Occupiers' Liabilily Act, a trail user who strays off a trail and onto a farm and sustains an injury will sue the farmer. Farm properties can pose numerous risks to uninvited entrants (trespassers), e.g. uneven ground, farm equipment, fences and livestock. While some trail operators do indemnify farmers who permit trails on their farms,that protection is not universal across all types of trails. Government must address the liability obligations of property owners adjacent to recreational trails as well as those who permit trails on their farms. 8. LITTER/GARBAGE: Litter from irresponsible trail users can damage harvesting equipment and injure livestock. Illegal garbage dumping is a concern of many rural property owners, 4 particularly farmers who may own a number of farm properties remote from their home farm. 9. PARKING. Rail trails cross numerbus concession roads and highways. Every paint where the trail crosses a road provides a point of access to the trail for trail users, Rural concession roads are marrow, and offer few, it any, parking opportunities. As farm operations have grown in size; so too has the; machinery: On"road parking at.planting or harvest times could make it impossible to move agricultural egOlpment along these roads, thereby interfering with time-sensitive harvest operations. 10. POLICING: The issue of who will "police, the trail is a concern for adjacent landowners: Railway tights-of-way are private property. Recreational rail trails provide additional access points to a farm property. There Must.be an effective,, r sponnsbe way of enforcing the rules of use., and keeping trail uses on the trail, and out of abutting farms. In addition, who will set the rules on when the trail will be open fiat use, and how will the troll be closed to ensure tha.4ere is no unauthorized "after-hours" use? T1.. PREDATOR CONTROL: Rail trail operators should carefully consider the implications of activities that create or enhance habitat on the trail for species that prey on livestock or crops; e.g. coyotes, raccoons, deer, etc, Should predator problems on adjacent farms arise, rail trail operators must allow farmers,. or their agents., to hunt or trap predators on the right-of way, and in adjacent fields. 12, TRESPASSNANDALISM: Active railway rights-of-way are private property, and>trespassers can be charged. Rail trails provide a new point of access to the farm, often made worse by fences in need of significant repair, if not complete.replacement. Rail trail operators must be responsible for fencing, signing and pouting of the trail to mitigate incidents of trespassing: Trail operators should undertake to. educate trail users on the provisions of the. Tres ac ss to Property including the provisions that.agricultural land does not need to be posted to indicate that access is not;permitted. The OFA advocates that the penalty provisions of the Trespass to Property Act be upgraded to establish a minimum fine of $500.00 and that the ceiling on damage awards under the Act be raised to equal the Small Claims Court maximum, currently $25,000. 5 13. WEED CONTROL. Ontario's Weed..Control Act requires all property owners to destroy noxious weeds or weed seeds on their property untess their property is sufficiently far enough away from land used for agricultpral or horticultural purposes to not adversely affect it. Trail operators must commit to control any and all noxious weeds growing on the right-of- way, in accordance,with;the Weed Control Act. A number of the weeds on Ontario's Noxious !Needs list not only pose a threat to agricultural ,op.erotions, but also to human heailth:Among the listed:weeds that pose a threat to human health are poison ivy and giant hogweed. Former railway rights-of=way seem to offer.ideal habitat for these weeds. Effective control of these weeds is difficult, due to their persistence as well as the human consequences from contact with plants, sap, etc. OFA Policy -Abandoned Rall`nray Rights-of-Way(ARROWS) OFA encourages the. short, intermediate and long-term retention of abandoned rights- of-way by the province as an integral part of a rural redevelopment and revitalization strategy. Occasionally surplus' rights-6f-way are abandoned by their holding authority, e.g. CNR, C'PR, and Ontario Hydro. OFA opposes sale of these right-of-ways for non-agricultural purposes if the right of-way was agrfcuitural before severance, is found in a predominately agricultural area and would not have been permitted by the municipal official of As part of the-abandonment process, the original holding authority should complete an environmental audit of the property to identity any site contamination. Should the environrnerttai audit identify contamination; the holding authority must .undertake a thorough clean-up of the property so the purchaser can possess "clean"land. When the.government determines ownership is in the provincial interest, it must give the adjacent landowners the first right to lease the right-of-way under an interim-use agreement, until the government:decides to convert the right-of-way into an acceptable public use, such as a transportation or utility corridor. When a government or non-government agency, obtains ownership, responsibility for weed control, fencing, drainage and farm crossingsi must transfer to the new owner. There must be provisions that guarantee farmers' rights to freely conduct normal farm practices, such as irr'i'gation, spraying and manure spreading on adjacent lands. SOURCE: OFA Policy Manual - May 1999 FROM: OFA Board Resolution- January 1995 6 www.spri ngwater.ca Township of �® priAgwat�� 2231 Nursery Road Mmesmg, Ontario LOL1Y2 Canada To: Ontario Municipalities From: Council of the Township of Springwater Subject: Land Use—Agricultural Motion The Council of the Township of Springwater adopted Resolution C 339B 2015 at a meeting on July 20, 2015; the Resolution is provided for your consideration. Agricultural Motion RESOLUTION C 339B 2015 Moved by: Allen Seconded by: Ritchie Whereas Agriculture is the largest single land use sector in Springwater, and Whereas Agriculture is the number one value added sector in the Province of Ontario, and Whereas in the Province of Ontario, the Provincial Policy Statement (2014), the Places to Grow Policies, the County of Simcoe Official Plan and the Township of Springwater Official Plan, independently and collectively, acknowledge the need to protect Prime Agricultural Land (defined as CLI Classes 1 to 3) for future generations, Therefore be it resolved that as part of the Township's Official Plan review process, Staff be directed to give particular consideration to the need for new or additional policies, with the following clear and specific objectives: (i) protecting and promoting Prime Agricultural Land for long-term use for agriculture; (ii) ensuring that new land uses are compatible with, and do not hinder, agricultural operations on Prime Agricultural Land; and (iii) ensuring that any identification of settlement areas or expansion of a settlement area boundary fully complies with applicable Provincial policies aimed at protecting Prime Agricultural Land for the long term. CARRIED DISCLAIMER:This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies,officers,directors or agents. Phone: 705-728-4784 Council Fax: 705-728-6957 Ontario Municipal Board Commission des affaires municipales de I'Ontario Ontario ISSUE DATE: August 13, 2015 CASE NO.: PL101432 Lou Nirta has appealed to the Ontario Municipal Board under subsection 34 (11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's refusal or neglect to enact an amendment to Zoning By-law 5-109-09 of the Municipality of West Elgin to rezone lands respecting Lot 4', Concession 14 in the former Township of Aldborough, from Agricultural (Al) Zone to a `site specific' Lakeshore Residential (LR-#) Zone to permit a `seasonal dwelling' OMB File Number: PL101432 BEFORE: S. STEFANKO ) Thursday, the 13th VICE-CHAIR ) day of August, 2015 THIS MATTER having come on for public hearing, and the Board in its Decision issued August 09, 2011, having withheld its Order pending notification that a site specific by- law has been finalized, and the Board having so been advised; THE BOARD ORDERS that the appeal is allowed in part, and the Comprehensive . Zoning By-law is hereby amended in the manner set in Attachment "1"to this Order, 0 SECRETARY 2 PL101432 If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format. Ontario Municipal Board A constituent tribunal of'Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toil Free: 1-866-448-2248 3 PL101432 Attachment 11111 MUNICIPALITY OF WEFT ELGIN BY-LAW NIO, 2015-5o KING A BYLAW TO AMEND THE MUNICIPALITY OF WEST ELGIN ZONING SY•LAW - tuo.xozs,sa - Part of Lat 4,Concession XIV IAU Nirb WMRRVAS the Ontario Mtsflpal BOerd re&8d an appeal From Lou NINA putSuedt to Sed7on 84(fl)ei the Planninn Arr with raspeot to the refittsal of the Coundl 4 the aicrporatioh of the Munidpelity of West ftln to amend,Zoning Byraty No,00AW of the former Township of Atdhoraugh to rezone lands comprising part of Lol4. Concession XIU from A,grioulluml{A1)to situ-specific Lakeshore Reaidemfal(LR-t to permll a sessoher dwelwq lhoraon; WHEMAS the Oplarlo VuAl deal Board in cedsidering the merits of surly an appeal nag the c4ww pursuant to Secttan 34(2%of are Plennina Act to desmis8 the appeal or to a}lorr the appeal in whole or in part w amend the by4w In such a manner 84 it stay determine or(1roat the COUnoU OF the municipality to smand the by-tayl st acrxrdance Wftb Ila order; WHEREAS the Ontario hfuaidpaF Board Candurled a tmoang Into the reetltsof thee ppeal en Z7 June 2011; WN1196AS the Ontario Municipal Maori Issued its doWien In respaci of that hearing an 9 August 2,011 slagng that It was not able to sustain the refusal of Co"and outlining the seeps end content of a slie-speoc bylaw Mal wourd address mailers set out in Its declsion; WtfVRFEAB the Ontario MuWdpal Board in ka dedsian slated fufiher Urat Its order in M mailer would be wllhhekl until the Munleipanty hoe don lnnad that the said Ilkspococ bylaw teas been FineI4:ad-. W"RUM the Muoicipattiy of West tab on 28 Mo 2019 repealed Zoning By-law Md.90-w and replaced NwNh ZONng ayaaw No,2615-38,a now comprahenaive ZorirV sydaw rot pte Municipality; NOW THBRt FORS and In accordance with the order 91 the Ontario MunWpaF Board,By-aw No.2016.8e is amended as followa: 1. Section 3,9 0)kWrg Symbft 144 La ldenval fiffi Zone Is hdc#by deleted in Its enllrety. Ft. 8001001 13,5,1 to By-law No.2015.38 being a olio-Spacirc Lakerhms Residential(I.R)Zone,Is hereby amended by deleting It In Is crdfrely and repfadntr II with the let M;rig; '113.3.1 $] DJUNEVAREA LR-1-H•7 its shown on Schedule°A',Map No.76 to IhIs By-law. b) FERMITT.EDUSPS acre:sory uca seaaonat elwanrng c) ISKEM+TION 8deffun 13.4,1,Tabte•1811!4kg*hbra Raetderdfal 1'LR1,2on�e Sr , Of This By- lawSh$il not*only. d) jt NINUPA E SAtd(9 farMAIM SUILDING 1) ROM the northerly lot line to thenoerost main well 7.5 m 4 PL1 01432 tq from In* Dlat4nkaf Lake Edo to the nearest main wail Son, R frorn the westerly for tine "m Iv} from ire east"lot lino Ism 01 HUMOVAL OF)JOLDINZI-WAY111018Q Removal at the Hofding tH.71 symbol Shalt be contingent upon the following "attars being compiled wftb tothe uatlsfaelton of the Mn»lelpsitty= 11 that an 0nlranc9 Permit to Gray Urri,has been issued by the Munlcipailty,, 01 that physical and legal¢Cta6s td the lands has been demonstrated 1a exist for Persons and vehicles Including FmdrgeAay v011f6fos 10010 Gray Lino aver the lands establlshod for these purposes and being mare pwdrurledy described as Part i Ptan 11R-l$W and Part 7 PkP IIR-9761*9 shown on Schedule"A" to Ry-law No,201540 to the satisractton ofthe Munklpality; 911 that a Professional Engineer+or Architect ftcensed under ire taws of the. Province Of Ontario bas certified that the asaaonsl dwelling eompl"with the requirements of ins,Ontario Building Code.. y. $ehodule A',Map No.75 to Byaaw No.2015-W is hereby amended oy replacing the lands zoned suo. specAo'Lakeshore Rcsidegtlat—Holding{iRq H-7}Zono with those lands outlined In heavy folio lines and described as LRd•H-7 on Schedule A'attadk d hereto and forming pad:of this By4awr,and more particularly desWbsd as Fart t and Part 2,Plan 11 R•0040 and Part t Plan 11R-0761,barng pad of Lot 41 Carmesslm RN,formerly in the Township of Aldborough,now In the muniolpolUy,of West tithe,in the County off%ln 3. NWhing In this By-lary shag serve to relieve any person from the obi€gairon to comply W11h Iha requirements of the toyer Thames Valley Conservation Authodty issued In Raped of the Defined Area and the seasonal dwelling erected thamon and sal out in 3cheduie'B"allached hereto anti lWitilng earl of lids Bylaw, 4. THIS 5plaw comas-Into force upon the day an arder is lsaved 10 this affetct by N Ontario MurMpal Board pursuant to Section 34(26}of fire P[trifine Act, 5 PL101432 CONCESS ON kill G A NE s,e►r, ' R.INi1A•976r ' tDT 3 LOT 4 4 4T S CONCESSION xIV neEra ruxxfa•yvu I I 1 1 3 t u OF I xo�gna�r,Soto t t LR-1-H-7 „a yr Fn�aea,asio LAKE ERIE M.x,uM.e:,czonua,a,�Ya,rCx�rQry z"215 si�3iys u�uaou TidsWSoa*j*A`toa'-lewxa.Mlr,.rD Municipal!!y Municipal!! of NEST ELGIN SCHEDULIE"A" 1:S,gp4 o- b a a as +04 tso 2W 2s000� e 6 PLI01432 titan#Name: kAU Aiirta I Rea,Nu.I I6-ZD09 Far LTVCA Use Only ApplirsFM Fear ` .01144 OY114: Apr$M grmlredwr. 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This isSchpdrrlr•tt•Da$ydawNr. ,fli t) SCHEMULE W Lower Thames Valley Conservation Authority i West Elgin Arena Board Regular Session August 11 2095 This session of the West Elgin Arena Board was called to order at 9:30 am with the following members present: Ian Fleck, Joe Seman, Alphonse Willie, Jim Hathaway, Johnathan Wolf and Recreation Superintendent Jeff Slater. Item# 1 Disclosure of Pecuniary Interest: None noted. Item #2 Delegations: No delegations were present. Item#3 Adoption of the Minutes: Moved By: Ian Fleck Seconded By: Joe Seman The West Elgin Arena Board resolves that the minutes be approved as presented. CARRIED Item #4 Accounts and Financial Reports: Moved By: Alphonse Willie Seconded By Jim Hathaway The West Elgin Arena Board resolves that the June 2015 and July 2015 accounts in the amount of$ 8, 055.84 be approved for payment. CARRIED Item #5 Business Arising from the Minutes: 1. Arena Doors: Moved By: Alphonse Willie Seconded By: Ian Fleck The West Elgin Arena Board resolves that the estimate to replace the doors at the arena be approved, Joe Machado in the amount of$ 6400.00. CARRIED Item #6 Correspondence: None presented. Item #7 New Business: None presented. Item #8 Adjournment: Moved By: Jim Hathaway Seconded By: Joe Seman The West Elgin Arena Board resolves that this session of the West Elgin Arena Board hereby adjourn at this hour of 10 am and reconvene on September 82015 at 9:30 am or at the call of the chair. CARRIED.