HomeMy WebLinkAbout23 162 Saugeen Valley Conservation Authority Agreement (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 – 162
Being a By-law to Authorize an Agreement with Saugeen Valley
Conservation Authority for Category 3 Programs and Services
Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act shall
be interpreted broadly so as to confer broad authority on the municipality to enable
the municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under this or any other Act; and
Whereas pursuant to Sections 25 and 27 of the Act, conservation authorities are
authorized to apportion costs to municipalities for delivery of mandatory programs
and services and general operating expenses; and
Whereas pursuant to Section 25 and 27 of the Act and Ontario Regulation 687/21,
conservation authorities and municipalities may enter into an Agreement to allow
for the apportionment of costs to municipalities for programs and services provided,
other than mandatory programs and services; and
Whereas the Corporation of The Municipality desires to enter into an Agreement
with Saugeen Valley Conservation Authority for the Category 3 Programs and
Services; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
Agreement with the Saugeen Valley Conservation Authority, in accordance
with the terms and conditions outlined in the Agreement attached hereto as
Schedule ‘A’ and forming part of this By-law.
2. That the Mayor and Clerk be authorized to sign and execute, on behalf of
The Corporation of the Municipality of Kincardine, the Agreement with the
Saugeen Valley Conservation Authority.
3. That this By-law shall come into full force and effect upon its final passage.
4. That this By-law be cited as “Saugeen Valley Conservation Authority
Agreement (2023) By-law”.
Read a First and Second Time this 27th day of September, 2023.
Read a Third Time and Finally Passed this 27th day of September, 2023.
Mayor Clerk
107 Bruce Road 12 I P.O. Box 150 I Formosa ON
*$augi�enCanada I NOG IWO 1 51 -3 4-1255
www.saugeenconservation.ca
CONSERVATION publicinfo svca.on.ca
Cost Apportioning Agreement
(hereafter, "Agreement")
THIS AGREEMENT is made on the 30 day of November, 2023 (the "Effective Date").
BETWEEN:
THE MUNICIPALITY OF KINCARDINE
(hereinafter, "Participating Municipality")
AND:
SAUGEEN VALLEY CONSERVATION AUTHORITY
(hereinafter, "SVCA")
WHEREAS SVCA is a conservation authority established under the Conservation Authorities Act
(the "Act") and is governed by its participating municipalities in accordance with the Act,
AND WHEREAS the Participating Municipality is a lower-tier municipality, located wholly or
partly within the area under the jurisdiction of SVCA,
AND WHEREAS under the Act, Category 3 programs and services deemed advisable by the SVCA
Board of Directors may be provided with municipal funding subject to a memorandum of
understanding ("MOU") or such other agreement in respect of the programs and services,
AND WHEREAS SVCA is prepared to provide certain non-mandatory Category 3 programs and
services to and/or on behalf of and/or within the boundaries of the Participating Municipality,
AND WHEREAS pursuant to Sections 25 and 27 of the Act, conservation authorities are
authorized to apportion costs to municipalities for delivery of mandatory programs and services
and general operating expenses,
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AND WHEREAS pursuant to Section 25 and 27 of the Act and Ontario Regulation 687/21,
conservation authorities and municipalities may enter into an Agreement to allow for the
apportionment of costs to municipalities for programs and services provided, other than
mandatory programs and services,
AND WHEREAS the Participating Municipality wishes to avail themselves of the non-mandatory
Category 3 programs and services attached hereto as Schedule 'A',
AND WHEREAS the Council of the Participating Municipality has authorized the Participating
Municipality to enter into this Agreement with SVCA for the delivery of Category 3 programs and
services,
NOW THEREFORE, in consideration of the terms of this Agreement and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1. This Agreement shall commence on the Effective Date and shall continue for five (5)
years (the "Initial Term"). Thereafter, this Agreement shall continue for additional five-
year periods (each a "Renewal Term") unless either party provides written notice of
termination to the other party at least ninety (90) days prior to the expiry of the Initial
Term or Renewal Term, as the case may be.
2. This Agreement shall be reviewed by the parties at least six (6) months prior to the
expiry of the Initial Term and each Renewal Term.
3. SVCA agrees to provide the Category 3 programs and services outlined in Schedule 'A' to
this Agreement.
4. Notwithstanding the foregoing, the Participating Municipality acknowledges and agrees
that all Category 3 programs and services identified in Schedule 'A' shall also be included
in a Watershed-Based Resource Management Strategy that the SVCA is required to
develop and implement under the Act.
5. SVCA will not add to or delete from the list of Category 3 programs and services funded
through municipal apportionment without first consulting with all participating
municipalities. Any such change would require an amendment to this Agreement agreed
to in writing by all participating municipalities.
6. The costs associated with the Category 3 programs and services subject to this Agreement
shall be reviewed by the participating municipalities on an annual basis as part of the
SVCA budget and apportionment process.
Category 3 Cost Apportioning Agreement—Saugeen Valley Conservation Authority Page 2 of 6
7. When preparing its annual budget, SVCA shall follow the prescribed budgetary process in
accordance with the requirements of the applicable regulations under the Act, including
preparation of a draft budget, consultations with participating municipalities, rules for
voting to approve the apportionment, and preparation of the final budget.
8. SVCA's final approved budget shall be appended annually as Schedule 'B' to the
Agreement.
9. SVCA and the Participating Municipality shall identify and agree upon the cost of relevant
Category 3 programs and services in the annual budget, and shall comply with the
prescribed methods of apportionment, including the Modified Current Value Assessment
(MCVA) apportionment method (the ratio that the Participating Municipality's modified
current value assessment bears to SVCA's modified current value assessment) and/or the
benefit-based apportionment method (the benefit that each Participating Municipality
obtains from the program or service to which the operating expense or capital cost is
related), or where permitted in accordance with the applicable regulations, by
agreement.
10. Where Category 3 programs and services are included in the budget process and
apportionment, SVCA shall apportion the operating expenses and capital costs, as
presented in the annual budget, to the Participating Municipality. The Participating
Municipality's share of the total apportionment shall be appended annually as Schedule
'C' to this Agreement.
11. The Participating Municipality agrees to be apportioned costs as identified in Schedule 'C'
to the Agreement.
12. Through this Agreement, the parties agree that the SVCA may, where applicable, charge
a fee (user fee)for a Category 3 program or service provided under this Agreement by the
SVCA. Any such fees collected for the programs and services identified in Schedule 'A'
shall be used to offset the municipal apportionment costs associated with providing the
Category 3 program and/or service for which the fee is collected.
13. Where Category 3 programs and services funded, in whole or in part, by the Participating
Municipality involve user fees, such user fees shall only be imposed in accordance with
SVCA's Fee Policy and Fee Schedules adopted in accordance with the provisions of the
Act, or otherwise in accordance with provisions set out in an agreement between SVCA
and the Participating Municipality.
14. SVCA and the Participating Municipality will strive to facilitate open and timely
communication at all levels.
Category 3 Cost Apportioning Agreement—Saugeen Valley Conservation Authority Page 3 of 6
15. Unless otherwise provided for within the Act, if a dispute arises between the parties,
including in respect of the content or interpretation of this Agreement, and which has
not been resolved within sixty (60) days, such dispute may be submitted to a third party
mediator, the choice of mediator to be agreed upon by the parties, and failing
agreement to choose a mediator within an additional sixty(60) days, the mediator to be
appointed by a judge of the Superior Court, for resolution via non-binding mediation
conducted pursuant to the National Mediation Rules of the ADR.
16. Neither party shall be in default with respect to the performance or non-performance of
the terms of the Agreement resulting directly or indirectly from causes beyond its
reasonable control (other than for financial inability) that could not reasonably have
been foreseen, including, without limitation, any delay caused by war, invasion, riots,
acts of terrorism or sabotage, acts of government authority (other than by the
Participating Municipality), plague, epidemic, pandemic, natural disaster, strike, lock-
out, inability to procure material, acts, laws or regulations of government authority or
other cause beyond the reasonable control of such party and not caused by the act or
omission of such party, and the performance of such term or terms shall be extended
for a period equivalent to the period of such delay. This provision should not relieve
the Participating Municipality of its obligation to pay fees and costs when due.
17. If any provision of this Agreement is invalid, unenforceable, or unlawful, such provision
shall be deemed to be deleted from this Agreement and all other provisions of this
Agreement shall remain in full force and effect and shall be binding in all respects
between the parties hereto.
18. The Participating Municipality and SVCA will continue to work together to identify
opportunities for further collaboration to the benefit of both parties and ensure
efficiency, transparency, and accountability in the use of public sector resources.
19. The resolution of the SVCA Board of Directors to execute this Agreement shall be
included as Schedule 'D' to this Agreement.
20. The resolution of Council from the Participating Municipality to execute this Agreement
shall be included as Schedule 'E' to this Agreement.
21. This Agreement shall be made available to the public in accordance with the Act and any
applicable regulations.
22. This Agreement may be executed in counterparts and when each party has executed a
counterpart, each of such counterparts shall be deemed to be an original and all such
counterparts, when taken together, shall constitute one and the same agreement.
Category 3 Cost Apportioning Agreement—Saugeen Valley Conservation Authority Page 4 of 6
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the Effective Date.
SAUGEEN VALLEY CONSERVATION AUTHORITY
Per:
Name: Erik Downing
Title: General Manager/Secretary-Treasurer (Acting)
Per:
Name: Barbara Dobreen
Title: Chair, SVCA Board of Directors
THE MUNICIPALITY OF KINCARDINE
Kenneth Cram
Signed with ConsignO loud(2023/10 5) III II
Verify with verifio.com or Adobe Reader,
Per:
Name: Kenneth Craig
Title: Mayor
Jennifer Lawrie II
signga with con',IKO aoud(zozsnoios�
Per: Ili i mam 1111,111
Veriry with Verifio.com or Adobe Reader.
...................
Name: Jennifer Lawrie
Title: Manager of Legislative Services/Clerk
Category 3 Cost Apportioning Agreement—Saugeen Valley Conservation Authority Page 5 of 6
Schedule 'A'—Category 3 Programs and Services Requiring Apportionment
Service Area 1—Water Quality Program
SVCA diligently conducts stream water quality monitoring at 14 locations within the
watershed through the Provincial Water Quality Monitoring Network. Given the extensive
expanse of the watershed and the constrained number of sampling locations under the
Provincial Water Quality Monitoring Network, there were information voids. To ameliorate
these deficits, SVCA instituted an in-house monitoring program in 2012, augmenting the
network with an additional 15 monitoring sites distributed throughout the watershed. In
concert, these programs yield the fundamental data indispensable for understanding the
water quality status across the watershed.
Furthermore, SVCA has instituted a biomonitoring network encompassing twenty (20) water
quality monitoring sites. Biomonitoring entails the utilization of organisms to evaluate
environmental conditions, specifically water quality in this context. By monitoring benthic
organisms, those that reside at the bottom of rivers and streams and possess specific
tolerance thresholds for water quality conditions, SVCA can validate water chemistry findings
through the biological data amassed at various locations throughout the watershed, thereby
depicting a comprehensive characterization of water quality conditions.
Watershed Report Cards are developed every five (5) years using guidelines from Conservation
Ontario. The Watershed Report Card is an excellent tool for conservation authorities to inform
watershed residents about the health of their watershed in an easy-to-understand format.
These Watershed Report Cards are a Category 3 Program using information collected directly
from the two water quality monitoring programs described above.
The annual operating funds allocated for sustaining these water quality programs amount to
$119,050 for the year 2023. A business case, substantiating the perpetuation of these water
quality programs, accompanies this Agreement.
Service Area 2— Public Awareness and Communications for Non-Mandatory Programs
and Services
SVCA's Communications, Community Outreach, and Public Awareness programming serve as
instrumental tools in disseminating awareness pertaining to SVCA's array of programs and
services. A considerable portion of this programming is financed in its entirety through the
municipal levy, as it is primarily oriented towards mandatory programs and services (Category
1). However, an allocation of time and resources will be dedicated to buttress the non-
mandatory components of the water quality monitoring program. For the year 2023, the
operating funding budgeted for sustaining public awareness and communications specific to
water quality monitoring programming stands at $7,100.
Category 3 Cost Apportioning Agreement—Saugeen Valley Conservation Authority Page 6 of 6
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Canada I NOG 1WO 1 519-364-1255
www.sa ugeenconservation.ca
CONSERVATION publicinfo@svca.on.ca
Schedule `D'
Saugeen Conservation Authority Board of Directors Motion to Execute
Category 3 Agreements Pertaining to the Water Quality Program
November 301", 2023
Motion # G23-113
THAT the SVCA Board of Directors authorizes staff to proceed with execution of all fifteen
Category 3 Agreements pertaining to the Water Quality Program and associated
communications, on behalf of the Authority.
Moved by: Jennifer Prenger, SVCA Director, Municipality of Kincardine.
Seconded by: Sue Paterson, SVCA Director, Town of Hanover.
CARRIED.
SAUGEEN VALLEY CONSERVATION AUTHORITY
Name: Erik Downing
Title: General Manager/Secretary-Treasurer (Acting)
I
Name: Barbara Dobreen
Title: Chair, SVCA Board of Directors
C�U
Conservation
ONTARIO