Top Banner
ERCA BOARD OF DIRECTORS Meeting Agenda BOD-Jan-22-2015 Page No. 1 of 3 AGENDA Pages 1. WELCOME (a). Introduction of Special Dignitaries 2. DECLARATIONS OF PECUNIARY INTEREST 3. APPROVAL OF AGENDA THAT the Agenda for the Thursday, January 22, 2015, Meeting of the Board of Directors be approved. 1-3 4. ADOPTION OF MINUTES (a). ERCA Board of Directors 4-13 THAT the Minutes of the Thursday, December 18, 2014, Meeting of the Board of Directors and the recommendations therein be adopted as distributed. 5. ACTIONS (a). Recognition of Outgoing Members and Welcoming of New Members i. Outgoing Members ii. New Members (b). Election of Chair & Vice Chair Elections will be conducted by the General Manager according to the Essex Region Conservation Authority - Governance Overview, Section 4.0 (attached). “The election of Chair and Vice Chair positions will alternate between City and non-City municipalities for two-year terms. This practice is dependent on the continuity of municipal elections and appointments to ERCA Board of Directors.” For 2013 & 2014 the position of Chair was held by a non-City representative, therefore, the 2015 elected Chair should be a City municipal representative and the Vice Chair a non-City representative. 14-20 ERCA BoD Agenda Page 1 of 20 Printed on 50% Recycled Paper
23

AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

Oct 16, 2020

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

ERCA BOARD OF DIRECTORS

Meeting Agenda BOD-Jan-22-2015

Page No. 1 of 3

AGENDA

Pages

1. WELCOME

(a). Introduction of Special Dignitaries

2. DECLARATIONS OF PECUNIARY INTEREST

3. APPROVAL OF AGENDA

THAT the Agenda for the Thursday, January 22, 2015, Meeting of the Board of

Directors be approved.

1-3

4. ADOPTION OF MINUTES

(a). ERCA Board of Directors 4-13

THAT the Minutes of the Thursday, December 18, 2014, Meeting of the Board

of Directors and the recommendations therein be adopted as distributed.

5. ACTIONS

(a). Recognition of Outgoing Members and Welcoming of New Members

i. Outgoing Members

ii. New Members

(b). Election of Chair & Vice Chair

Elections will be conducted by the General Manager according to the Essex

Region Conservation Authority - Governance Overview, Section 4.0 (attached).

“The election of Chair and Vice Chair positions will alternate between City

and non-City municipalities for two-year terms. This practice is dependent

on the continuity of municipal elections and appointments to ERCA Board of

Directors.”

For 2013 & 2014 the position of Chair was held by a non-City

representative, therefore, the 2015 elected Chair should be a City municipal

representative and the Vice Chair a non-City representative.

14-20

ERCA BoD Agenda Page 1 of 20

Printed on 50% Recycled Paper

Page 2: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

(c). Introduction of Special Guest Speaker

Dr. Daniel Heath, Professor and Executive Director of the Great Lakes

Institute for Environmental Research at the University of Windsor

(d). Election of ERCA Striking Committee

As in the past, a Striking Committee will be elected to review Committee

Preferences from municipal appointees to the Conservation Authority for

2015. A recommended 2015 Committee structure will be brought forward

for consideration at the February meeting.

The Striking Committee will consist of six (6) members of the Board (plus

the Chair).

(e). Appointment of ERCA Auditor, Banker, Solicitor, & Insurance Company for 2015

i. Auditor

THAT the firm of Graham, Setterington, McIntosh, Driedger and Hicks,

Chartered Accountants, be appointed the ERCA Auditor for 2015.

ii. Banker

THAT the Canadian Imperial Bank of Commerce, Essex Branch, be

appointed the ERCA Banker for 2015.

iii. Solicitors

THAT the firms of Shibley Righton, LLP, and M. Gordner Law Professional

Corporation be appointed the ERCA Solicitors for 2015

(f). Approval for ERCA Borrowing Resolution for 2015

The Authority receives its funding through grants, levies, and revenues

generated from fees. Municipal General Levies are received quarterly and as

billed for special (direct benefiting) projects. MNR grants and other

provincial and federal grants for specific program areas may not be received

until completion of projects and program reports.

From time to time, the Authority may need to borrow short-term funds

until sufficient/additional cash flow is received. Funds are normally borrowed

from the financial institution of record, or from a member municipality,

should a lower rate be offered. In order to effect such borrowing ,a special

bank resolution is required.

Recommendation

THAT ERCA adopt for 2015, the following resolution:

Whereas it is necessary for the Essex Region Conservation Authority (hereinafter

called the “Authority”) to borrow the sum of up to 1,500,000 dollars required for

ERCA BoD Agenda Page 2 of 20

Printed on 50% Recycled Paper

Page 3: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

its purposes until payment to the Authority by the participating municipalities

designated as such under the Conservation Authorities Act, R.S.O. 1990,

Chapter C.27, as amended 2006, and grant payments received from senior levels

of government.

Be It Therefore Resolved:

THAT the Authority borrow from the Canadian Imperial Bank of Commerce, a

sum not to exceed in the aggregate 1,500,000 dollars at any one time necessary

for its purposes by way of loans, advances, overdrafts, or promissory note, or

notes of the Authority until payment to the Authority of any grants and of sums

to be paid to the Authority by participating municipalities; and further,

THAT the Board of Directors approve the borrowing agreement with the

member municipalities to borrow interim funding from the member

municipalities in a sum not to exceed in the aggregate of 1,500,000 dollars at

any one time, necessary for its purposes on the promissory note or notes of the

Authority, should the rate of borrowing (interest) charge at that particular time

prove more advantageous than regular bank borrowing rates.

(g). 2014 ERCA Annual Report

Annual Reports will be distributed to members and corresponding video will

be shown.

(h). ERCA Staff Service Awards

(i). ERCA Conservation Awards Presentation

A Wine and Cheese Reception for Board Members, Staff, and others

present will be held immediately following the meeting.

6. OTHER BUSINESS

(a). An Orientation Meeting of the ERCA Board of Directors will be held on

Thursday, February 5, starting at 3:00 at the Essex County Civic Centre, 360

Fairview Avenue West, Essex, ON.

(b). The next meeting of the ERCA Board of Directors will be held on Thursday,

February 12, 2015, starting at 7:00 p.m. in Council Chambers, Essex County

Civic Centre, 360 Fairview Avenue West, Essex, ON.

7. ADJOURNMENT

Richard J.H. Wyma

General Manager/Secretary-Treasurer

ERCA BoD Agenda Page 3 of 20

Printed on 50% Recycled Paper

Page 4: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are
Page 5: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

ERCA BOARD OF DIRECTORS

Meeting Minutes BOD-Dec-18-2014

Page No. 1 of 7

MINUTES

Minutes for Meeting of the Board of Directors held Thursday, December 18, 2014, at 7:00 p.m.

in Council Chambers, Essex County Civic Centre, 360 Fairview Avenue West, Essex, ON.*

Members Present:

Rick Atkin

Joe Bachetti

Sue Desjarlais

Al Fazio

Len Janisse

Irek Kusmierczyk

Hilary Payne

Robert Pillon

Gord Queen

Ray Renaud

John Scott

Ed Sleiman

Tamara Stomp

John Sutton

Larry Verbeke

Absent: Ron Jones

Regrets: Sherry Bondy Rick Masse Rita Ossington

Staff: Richard Wyma, General Manager/Secretary-Treasurer

Candice Kondratowicz, Administrative Associate – Corporate Services

Tim Byrne, Director, Watershed Management Services

Shelley McMullen, Director, Finance & Corporate Services

Kevin Money, Director, Conservation Services

Danielle Stuebing, Director, Community Outreach Services

Katie Stammler, Water Quality Specialist

Kris Ives, Curator/Education Coordinator

Guests: Assorted Media

Tom Fuerth, Chair, Source Protection Committee

ERCA BoD Agenda Page 4 of 20

Printed on 50% Recycled Paper

Page 6: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

1. CALL TO ORDER

Good evening, everyone, and welcome to our last meeting as this Board, and the

last ERCA meeting of the year. We have regrets tonight from Councillor Bondy,

Mayor Masse and Councillor Ossington.

2. DECLARATIONS OF PECUNIARY INTEREST

None

3. APPROVAL OF AGENDA

Resolution BD 84/14 Moved by Len Janisse

Seconded by Bob Pillon

THAT the Agenda for the Thursday, December 18, 2014, Meeting of the Board of

Directors be approved. - CARRIED

4. ADOPTION OF MINUTES

(a). ERCA Board of Directors

Resolution BD 85/14 Moved by Ray Renaud

Seconded by John Sutton

THAT the Minutes of the Thursday, November 13, 2014, Meeting of the Board of

Directors and the recommendations therein be approved as distributed. - CARRIED

(b). Conservation Ontario (CO)

Resolution BD 86/14 Moved by Larry Verbeke

Seconded by Ed Sleiman

THAT the Meeting Minutes of the September 29, 2014, Conservation Ontario

Council Meeting be received. - CARRIED

ERCA BoD Agenda Page 5 of 20

Printed on 50% Recycled Paper

Page 7: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

(c). John R. Park Homestead (JRPH) Advisory Committee

Resolution BD 87/14 Moved by John Scott

Seconded by Al Fazio

THAT the Meeting Minutes of the September 29, 2014, John R. Park Homestead

(JRPH) Advisory Committee be received.

5. ANNOUNCEMENTS

(a). Comments from the Chair, Joe Bachetti

First, I wish to extend a thank you to Councillors Bondy and Desjarlais, who

volunteered this past weekend at the Frozen in Time event at the John R.

Park Homestead. With over 800 people in attendance, it was a record crowd

for our Christmas event.

It’s been my pleasure to work with all of you over this past Council term. I

think that together, we have been successful in making improvements in our

regional environment. One of the most powerful qualities of the ERCA Board

is that we are able to work together, across our municipal boundaries, to

make choices that benefit the environment that we all share.

While the new Board members will officially be seated at our Annual General

Meeting in January, I would like to take a moment to thank and recognize our

outgoing Board members – to Bob Pillon, John Sutton, Sherry Bondy, John

Scott, Tamara Stomp, Gord Queen, Ray Renaud, Sue Desjarlais, and Ron

Jones – thank you for your service, your commitment and environment

leadership. We wish you every success in the future, and hope our paths

will continue to cross as we continue to make decisions that can positively

influence the environment of this great region, even outside of the authority

of this Board.

Just a reminder that in January, our Annual General Meeting will be hosted at

the Town of LaSalle Municipal offices due to the ongoing construction.

Following this meeting, there will be a small Christmas reception in

committee room A. I wish each of you the peace and joy of the holiday

season.

6. DELEGATIONS

None

ERCA BoD Agenda Page 6 of 20

Printed on 50% Recycled Paper

Page 8: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

7. PRESENTATIONS

Web Based Climate Stations (online demonstration

http://dataservices.campbellsci.ca/essex/hillman_marsh.html)

Tim Byrne, Director, Watershed Management Services

8. REPORTS FOR APPROVAL

(a). Report BD46/14 – ERCA’s Smoke Free Policy Evaluation

Resolution BD 88/14 Moved by John Sutton

Seconded by Tamara Stomp

THAT BD46 /14 be received; and further,

THAT Administration implement phase two of ERCA’s Smoke Free Outdoor

Spaces Policy. - CARRIED

(b). Report BD47/14 – Tree Risk Management Policy

Resolution BD 89/14 Moved by Tamara Stomp

Seconded by Bob Pillon

THAT the Essex Region Conservation Authority Tree Risk Management Policy be

approved for implementation. - CARRIED

(c). Report BD48/14 – Big Creek Watershed Management Plan

Implementation: Riparian Buffer Pilot Project (handout attached)

Resolution BD 90/14 Moved by Ray Renaud

Seconded by Hilary Payne

THAT ERCA implement the Big Creek Buffer Project as described in BD48/14 - CARRIED

(d). Report BD49/14 – Water and Erosion Control Infrastructure (WECI)

Projects: 2014-15 Update and Potential Projects for 2015-16

Resolution BD 91/14 Moved by John Sutton

Seconded by Sue Desjarlais

THAT Report BD49/14 be received as information; and further,

THAT ERCA staff continue to work with our municipal partners to determine flood

and erosion control structure maintenance needs; and further, - CARRIED

ERCA BoD Agenda Page 7 of 20

Printed on 50% Recycled Paper

Page 9: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

THAT upon confirmation of municipal support, ERCA staff continue to make

funding applications to the Water and Erosion Control Infrastructure (WECI)

Program for the maintenance of flood and erosion control projects within the

Essex Region.

(e). Report BD50/14 – Update on ERCA participation in the Natural

Sciences and Engineering Research Council of Canada (NSERC)

Strategic Network FloodNet Project.

Resolution BD 92/14 Moved by Ed Sleiman

Seconded by Gord Queen

THAT Report BD50 /14 be received as information; and further,

THAT ERCA continue to participate in the NSERC FloodNet Project as described

in Report BD50 /14. - CARRIED

(f). Report BD51/14 – ERCA as an implementing body for Source

Protection policies

Resolution BD 93/14 Moved by Larry Verbeke

Seconded by Bob Pillon

THAT Report BD51/14 be received - CARRIED

(g). Report BD52/14 - Update on Risk Management Services and Source

Protection Implementation Funding

Resolution BD 94/14 Moved by John Scott

Seconded by Ray Renaud

THAT Report BD52/14 be received - CARRIED

9. RESOURCE REPORTS

(a). Report BD53/14 - Office of the Auditor General of Ontario Annual

Report 2014 - Source Water Protection

Resolution BD 95/14 Moved by Ed Sleiman

Seconded by John Sutton

THAT Report BD53/14 be received - CARRIED

ERCA BoD Agenda Page 8 of 20

Printed on 50% Recycled Paper

Page 10: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

10. REPORTS FOR INFORMATION

(a). Report BD54/14- Review of Planning Report for the months of

September and October, 2014

(b). Report BD55/14 - Review of Regulations Report for the months of

September and October, 2014

(c). Correspondence

Letter, Anna Lynn Meloche, re: Ontario Municipal Board case, Ojibway

Defence (provided at meeting - attached)

Resolution BD 96/14 Moved by Larry Verbeke

Seconded by Gord Queen

THAT the review of Planning Applications, as presented in Report BD54/14, be

received; and further,

THAT the Regulations Report, as presented in Report BD55/14 be received; and

further,

THAT the correspondence be received. - CARRIED

11. CLOSED SESSION – IN CAMERA

Meeting move from Board of Directors to Closed Session: regarding a property

related matter

Resolution BD 97/14 Moved by Ray Renaud

Seconded by Larry Verbeke

THAT meeting move from Board of Directors to Committee of the Whole - CARRIED

Meeting moved from Closed Session to Board of Directors’ Open Session

Resolution BD 98/14 Moved by John Sutton

Seconded by Gord Queen

THAT actions of the Committee of the Whole be endorsed - CARRIED

12. OTHER BUSINESS

(a). The next meeting of the ERCA Board of Directors is scheduled for Thursday,

January 22, 2014, starting at 7:00 p.m. at the Town of LaSalle, Town Hall,

5950 Malden Road, LaSalle.

ERCA BoD Agenda Page 9 of 20

Printed on 50% Recycled Paper

Page 11: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

13. ADJOURNMENT

Resolution BD 99/14 Moved by Ed Sleiman

Seconded by Bob Pillon

Meeting adjourned. - CARRIED

Richard J.H. Wyma

General Manager/Secretary-Treasurer

ERCA BoD Agenda Page 10 of 20

Printed on 50% Recycled Paper

Page 12: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are
Page 13: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

Dear Landowner:The Big Creek watershed is home to the Big Creek Marsh, which eventually leads into Lake Erie. This provincially significant wetland supports many native plants and animals and helps to clean our water. Actions on the land can have an impact on water quality – which affects beaches and ultimate-ly, our drinking water supply. By keeping topsoil and nutrients on the fields and out of the drains YOU CAN HELP to pro-tect this precious resource while providing benefits to your property! • Do you own land in the Big Creek watershed? • Do you have a creek or drainage ditch on your property?

If you answered yes to these questions, then 100% funding is available for you to plant buffers!

100% Funding available for planting buffers along Big Creek!

What? The Essex Region Conservation Authority is working with landowners to plant buffer strips in fragile lands along watercourses in the Big Creek Watershed. A riparian buffer is a strip of vegetation adjacent to a waterway (a creek, drain, etc.). It should be at least 3 meters wide. Vegetation can include a variety of native prairie grasses and flowers. Why? Buffer strips have many environmental benefits including reducing soil erosion, improving water quality as grasses filter nutrients and trap sediments to prevent them from entering waterways, increased habitat for beneficial pollinators and other wildlife. However, they can also improve soil health and productivity. Buffer strips along drains help prevent topsoil loss from your field. Over time, lost soil can result in lower crop yields. Protect your land, investment and the environment by planting buffer strips!

Cost? There is no cost to landowners. 100% of the costs for native seed and installation will be covered.

What about maintenance? The perennial native prairie grasses can be ‘lightly’ mowed a couple of times per season, if necessary. The planted buffer can also be used as a walking trail / grass laneway and can be used to park heavy wagons and trucks during harvest and planting.

NEW!

How can I participate? Please contact ERCA at 519-776-5209 ext 303 or email Kate at [email protected]. We have worked with hundreds of happy landowners over the years and look forward to the chance to help you improve your land and protect your soil.

photo courtesy of Ministry of Natural Resources

& Forestry (MNRF)

DRAFT

ERCA BoD Agenda Page 11 of 20

Printed on 50% Recycled Paper

Page 14: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are
Page 15: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

Essex Region Conservation Board

Dear Madams and Sirs

I am writing to you as party to an Ontario Municipal Board case. This letter reflects the

contents of a letter written to Irek Kushmierzcyk. For many years the local region of Ojibway

was shared with a neighbouring commercial land use, the Windsor Raceway. This was a

compatible use, in the seasonality which complemented the natural cycle of Ojibway. The

Raceway was busy in winter and quiet in summer breeding season through most of its

existence . There was a flow of wildlife through the region, and the Raceway accommodated

that movement with natural corridors and water features and open space. The high water table

of the prairie was not impacted. The use of the training track and stables could rightly be

considered rural. The lands adjacent were protected by the former landuse, which saw a

minimal building envelope of barns and a training track and pond which allowed natural

functions to occur as an overlay to the commercial use. This duality let the water table of the

OPPNR remain as it was intended, replenished through natural recharge of rainfall and snow

which supplies up to 1/3 of the local water regime according to documents within this case.

The manicured grasslands on the site also functioned not only as recharge but also as open

space, facilitating movement of large animals as we now know the coyotes are coywolves, and

the deer are plentiful in one of Essex County’s largest natural areas. This landuse was good

adjacent to the provincial nature reserve, a Provincially Significant Wetland for which under

Provincial Policy there can be no negative impacts if development is sought in land adjacent.

This new proposal does not meet the same criteria as the former. There is very little recharge

area proposed to offset large losses to groundwater. It is estimated that the water table will be

lowered by approx.. 3 feet. Precipitation supplied approx.. 1/3 of groundwater recharge . This

water table is the lifeblood of what the Great Lakes Commission has identified within Ojibway

as lakeplain prairie. The rare tallgrass plants were subjected to a very high but fluctuating water

table. This is how they evolved and what they need to sustain their communities. The

commercial development will create an adverse impact on the water table, and traffic will

have impacts that reach far beyond the immediate sensitive natural areas and all through the

complex… it is easy to see how an additional 19000 vehicles per day added to a base of 13000,

as Phase I, will have a dramatic impact that even strong mitigation measures will not be able to

overcome. As the rest of the commercial envelope faces development, this will become more

critical, destroying linkages and putting species at further risl. The peripheral impacts on the

greater park ecosystem of Ojibway will all be magnified. The Ojibway Road Mortality Study

shows that 1 in 5 roadkilled reptiles is a species at risk… ecopassages can only go so far in

mitigating these impacts especially if more traffic is supplied.

ERCA BoD Agenda Page 12 of 20

Printed on 50% Recycled Paper

Page 16: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

Ojibway is all about Biodiversity. Urban land use causes the greatest loss of biodiversity in

landuse studies, greater than industrial and agricultural use . The biodiversity of Ojibway is only

just beginning to be truly explored. Several new species were found during the bioblitz. The

Biodiversity Institute of Ontario (Guelph) Bio bus will be seriously visiting this area in 2015 to

take a better survey. There are species here that no one understands or has classified.

Personally everyone I know who lives close has some strange story as I do myself… Remarkable

stories of seeing something that “isn’t supposed to be here”…that only awaits an ecologist

sighting to confirm… the local cougar is now official and some of us no longer “crazy.”. There is

strange track that one can repeatedly photograph but no one knows what it could be.

Sometimes it is only when outsiders come in to take a look that we appreciate what we have.

This sort of intense development proximity is classic incompatible landuse, from which the

Provincial Policy of Ontario 1997 protects sensitive habitat of species at risk and sensitive

ecological functions. Ojibway is perhaps the area with the greatest number of species at risk

that need protection. I am writing to the ERCA Board members to consider what their mission

statement represents, and what vulnerable species are dependent on their conservancy

oversight. The precautionary principle should also be applied. The Ojibway Tallgrass Prairie is a

rarity which the City of Windsor and County of Essex has the priviledge of enjoying. Hopefully

the ERCA board as representatives of these natural areas can also find the wisdom to identify

the harmful impacts and proposals and the common sense to protect it. Sensitive areas need

to be given respect and space. The Essex Region Natural Heritage System Strategy 2013 has

voiced sensible recommendation to direct development away from natural areas. There are

thousands of names on petitions, websites, and in organizations that stand for Ojibway. We are

asking the Conservation Authority to stand for all the species, some even as yet unclassified,

that should be protected as we protect all vulnerable in society.

Sincerely,

Anna Lynn Meloche

Ojibway Defence

Appellant in OMB case PL080049

[email protected]

ERCA BoD Agenda Page 13 of 20

Printed on 50% Recycled Paper

Page 17: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

ESSEX REGION CONSERVATION AUTHORITY - GOVERNANCE OVERVIEW

ERCA Administration has developed the following overview as a guide to assist the Board of Directors

and General Manager in effectively and efficiently conducting business relevant to the Essex Region

Conservation Authority.

This overview identifies the structure of the Board of Directors in keeping with the Conservation

Authorities Act, the roles and responsibilities of the Board of Directors and individual Directors, duties of

the Chair and Vice-Chair, the role of the General Manager/Secretary-Treasurer, and election procedures.

1.0 Board of Directors

1.1 Membership of the Essex Region Conservation Authority includes nine (9) municipalities: Town of

Amherstburg, Town of Essex, Town of Kingsville, Town of Lakeshore, Town of LaSalle,

Municipality of Leamington, Township of Pelee, Town of Tecumseh and City of Windsor,

1.2 The Essex Region Conservation Authority Board of Directors comprises all members appointed by

participating municipalities.

Based on Section 2(2) of the Conservation Authorities Act, the municipalities appoint the following

number of members:

Town of Amherstburg - 2 members

Town of Essex - 2 members

Town of Kingsville - 2 members

Town of Lakeshore - 2 members

Town of LaSalle - 2 members

Municipality of Leamington - 2 members

Township of Pelee - 1 member

Town of Tecumseh - 2 members

City of Windsor - 4 members

1.3 In keeping with Section 14 (1) and (4) of the Conservation Authorities Act, Members shall be

appointed by their respective councils for three year renewable terms (unless otherwise appointed

by the Municipality) and hold office until the first meeting after the term for which he or she was

appointed has expired.

For example, a member appointed to end 2014 holds office until the AGM, held January 2015.

1.4 The Board of Directors shall approve all policies and procedures of the Essex Region Conservation

Authority, approve the budget with or without revisions, give direction on priority of programs and

projects and be generally responsible for other matters as required by the Conservation Authorities

Act and Regulations.

2.0 Roles and Responsibilities of the Board of Directors

2.1 The Essex Region Conservation Authority Board is accountable to the public for the successful

operation of the Essex Region Conservation Authority. In carrying out this task it is imperative that

the Board understand its primary responsibilities.

ERCA BoD Agenda Page 14 of 20

Printed on 50% Recycled Paper

Page 18: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

2.1 The Essex Region Conservation Authority Board is bound by the Conservation Authorities Act.

Section 20 of the Conservation Authorities Act defines the objectives of a Conservation Authority as

follows:

“The objectives of an authority are to establish and undertake, in the area over which it has jurisdiction,

a program designed to further the conservation, restoration, development and management of natural

resources other than gas, oil, coal or minerals.”

Section 21 of the Conservation Authorities Act specifically outlines the powers of a Conservation

Authority to accomplish its objectives:

the power to study the watershed and develop an appropriate resource management program;

acquire and/or dispose of lands;

collaborate and enter into agreements with landowners, governments and organizations;

control the flow of surface waters;

alter the course of any waterway;

develop their lands for recreational purposes;

generally to do all such acts as are necessary for the due carrying out of any project.

2.2 In addition to the procedures in this policy and subject to the Conservation Authority Act, the

Authority shall:

Approve the auditor’s statement for the preceding year – if the statement is not approved, the

amended statement shall be reintroduced for approval at the next appropriate meeting;

Pass a borrowing resolution for a specified amount for the purposes of the Authority and

authorizing the appointed signing officers to sign notes as required to implement this

borrowing;

Approve a budget for the Authority for the ensuing year;

Approve the levies to be paid by Municipalities;

Supervise the activities of any Standing Committees and to accept or reject any of their

recommendations;

Receive delegations on behalf of the Authority;

Consider requests for grants or donations from groups outside the Authority;

Decide and recommend policies not covered in these resolutions;

Update as required policies of the Authority.

2.3 Functions of the Board of Directors

All Directors of the Board are public officials and thus have the responsibility to be guided by and

adhere to the rules of conduct, explicit and implied, for all such holders of public office in the

Province of Ontario. In addition, all the Board must adhere to all applicable acts of incorporation. In

the case of the Essex Region Conservation Authority, Directors must adhere to the following:

The Municipal Conflict of Interest Act;

The Municipal Freedom of Information and Protection of Privacy Act;

Administrative Procedures of the Essex Region Conservation Authority;

ERCA BoD Agenda Page 15 of 20

Printed on 50% Recycled Paper

Page 19: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

Ontario Regulation 158/06 whereby the Essex Region Conservation Authority enforces

regulations governing the Fill, Construction and Alteration to Waterways;

Land Use Watershed Planning Policies.

2.4 Responsibilities and Obligations of Directors

The Board of Directors are legally obligated to act honestly, in good faith, and in the best interest

of the Authority at all times. Such legal expectations are imposed upon Directors because their

actions have the power to expose others to financial risk. Directors must avoid conflicts of interest

and maintain the confidentiality of the information of the Authority.

Attendance at Board meetings is the responsibility of the Director. Regardless of whether or not a

Director is present at a meeting where a decision is made, all Directors are deemed to have

consented with the decisions of the Board unless they register their dissent in accordance with the

applicable statute.

Directors are also responsible for understanding and operating within the laws affecting the

Authority. These include, but are not limited to, environmental laws, safety standards, tax laws, etc.

Ignorance is not a valid defence.

Directors are responsible to ensure proper records are kept. These include articles of

incorporation, policies, minutes, etc.

Directors will not be found liable for breach of duty or care or other liabilities when they act in

good faith, relying on financial statements of the Authority, which the auditor/accountant

represents to accurately reflect the financial status of the Authority. Further, the Directors are

entitled to rely upon the report of a lawyer, accountant or other person whose profession offers

credibility to their statements.

2.5 Partnership with the General Manager/Secretary-Treasurer

The Board of Directors acts as a team and represent the interests of their municipalities within a

watershed/regional context. The Board of Directors relies on the General Manager/Secretary-

Treasurer to inspire, lead and manage the Essex Region Conservation Authority. The Board will

forge a strong partnership with the General Manager/Secretary-Treasurer, working cooperatively

to achieve the goals of the Essex Region Conservation Authority.

2.6 The Board will evaluate the General Manager/Secretary-Treasurer, measuring his/her performance

against the Essex Region Conservation Authority’s strategic plan and financial and human resources

goals of the organization.

2.7 With respect to staffing issues, the following outlines the responsibilities of the Board of Directors

and the General Manager/Secretary-Treasurer:

The Board of Directors is solely responsible for the following:

- Recruiting the General Manager/Secretary-Treasurer;

- Hiring the General Manager /Secretary-Treasurer;

ERCA BoD Agenda Page 16 of 20

Printed on 50% Recycled Paper

Page 20: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

- Evaluating the General Manager /Secretary-Treasurer;

- Dismissing the General Manager /Secretary-Treasurer;

- Determining the annual salary and pay for performance of the General Manager /Secretary-

Treasurer.

2.8 The Board of Directors and the General Manager /Secretary-Treasurer share the following

responsibilities in that the recommendation will come from the General Manager /Secretary-

Treasurer and the approval will come from the Board of Directors:

Setting key commitments and deliverables for the General Manager/Secretary-Treasurer;

Setting human resource and personnel policies which will have a dollar impact upon the

budget;

Participating in and/or approving negotiated Collective Agreements.

2.9 The Board allows the General Manager/Secretary-Treasurer to manage the organization and its

staff. The General Manager/Secretary-Treasurer is solely responsible for the following:

Assessing staffing requirements;

Recruiting, hiring and dismissing staff;

Providing staff direction;

Approving staff evaluations;

Implementing Collective Agreement;

Designing the organizational structure;

Setting human resource and personnel policies, which have no dollar impact on the budget.

3.0 Duties of Officers

3.1 Chair of the Board

Assists General Manager /Secretary-Treasurer in preparing agenda for Board meetings where

required;

Oversees Board meetings and ensures Meeting Procedural By-Law is adhered to;

Participates on Committees;

Acts as the regular communication link between the Board and the General Manager;

Works in partnership with the General Manager/Secretary-Treasurer to ensure Board

resolutions are carried out;

Calls special meetings if necessary;

Periodically consults with Board Directors on their roles;

Acts as a public spokesperson for the Essex Region Conservation Authority to facilitate the

objectives of the Essex Region Conservation Authority;

Represents the Essex Region Conservation Authority at such functions as warrant the interest

of the Essex Region Conservation Authority except where this responsibility is specifically

assigned to some other person;

Inspires other Board Directors with his or her own commitment of support, time and

enthusiasm;

Represents the Essex Region Conservation Authority at Conservation Ontario Council

meetings unless otherwise delegated by the Board;

ERCA BoD Agenda Page 17 of 20

Printed on 50% Recycled Paper

Page 21: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

Serves as signing officer for the Essex Region Conservation Authority;

Performs other duties when directed to do so by resolution of the Essex Region Conservation

Authority;

Ensures the Board of Directors is apprised of significant issues in a timely fashion.

3.2 Vice-Chair of the Board

Attends all Board meetings;

Carries out special assignments as requested by the Chair of the Board;

Understands the responsibilities of the Board Chair and acts as Chair immediately upon the

death, incapacity to act, absence or resignation of the Chair until such time as a new Chair is

appointed or until the Chair resumes his/her duties;

Participates as a vital part of the Board leadership;

Assumes a role in all ad hoc committees;

Alternate to Chair at Conservation Ontario Council Meetings.

3.3 General Manager /Secretary-Treasurer

Attends all Board meetings;

Acts as Secretary-Treasurer of the Board in accordance with the Conservation Authorities Act;

Serves as a signing officer for the Essex Region Conservation Authority;

Keeps the Chair and Vice-Chair apprised of significant issues in a timely fashion;

Develops and implements both short and long-term strategic plans in accordance with business

goals and objectives;

Tends to the day-to-day requirements, details and management of the Authority;

Manages staff and programs of the Essex Region Conservation Authority;

Makes certain that appropriate actions are taken in a timely fashion;

Works in close collaboration with the Chair and Vice-Chair;

Implements all Board resolutions in a timely fashion;

Ensures Board policies and strategic plan are adhered to;

Manages the financial activities of the Essex Region Conservation Authority;

Makes recommendations to the Board regarding suggested policy changes;

Acts as public spokesperson for Essex Conservation in the absence of the Chair and Vice-Chair

of the Board;

Represents the Essex Region Conservation Authority at Conservation Ontario Council,

Committee and Task Force meetings;

Acts as ex-officio Executive Director of the Essex Region Conservation Foundation;

Negotiates and enters into contracts with external agencies/partners to carry out the goals of

the organization in accordance with approved Policy and Board direction;

Develops and maintains effective relationships and ensures good communications with

watershed municipalities, federal and provincial government ministries/agencies, other

Conservation Authorities, Conservation Ontario and community groups and associations.

ERCA BoD Agenda Page 18 of 20

Printed on 50% Recycled Paper

Page 22: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

3.2 Chair’s Meeting Responsibilities

The Chair reserves the right to decline, admit, or defer to another meeting, issues not

contained in the prepared and approved agenda and that Directors have no

knowledge of. While ‘walk on’ approval items are usually discouraged, items for

information may be added under the ‘Other Business’ section of the Board agenda,

at the Chair’s discretion.

The Chair ensures the total meeting time be equitably shared among Directors and the

business of the meeting. This may require the Chair to limit the number of times a Director

may speak and their associated time with the floor. This prevents domination of meetings or an

undue consumption of time by any one Director or issue.

The Chair may set discussion time limits or defer further discussion of any specific agenda item

to ensure the meeting runs in a thorough yet efficient manner.

All questions and comments must be directed to and through the Chair.

The Chair ensures discussion is relevant to the issue at hand. The Chair is entitled to interrupt

a Director if deviating from the issue at hand.

The Chair ensures no discussion relating to a motion takes place until the motion has been

moved and seconded.

The Chair reserves the right to approve circulation of the draft agenda and to ensure all agenda

items and subsequent discussions are relevant to the Authority’s Strategic Plan.

The Chair officiates to ensure the efficient conduct of the business before the Board and

facilitates the meeting without participating in the debate. The Chair remains objective and

impartial. The Chair may exercise a deciding vote or cast a vote if the votes are otherwise

equal.

4.0 Election of Chair/Vice-Chair

4.1 Chair for Elections

An individual other than a Member of Essex Conservation will assume the position of Chair for the

purpose of Election of Officers. The General Manager /Secretary-Treasurer, or designate, generally

assumes this position.

4.2 Appointment of Scrutineers

The appointment of scrutineers is required for the purpose of counting ballots should an election

be required. All ballots will be destroyed by the scrutineers afterwards. The appointment of

scrutineers requires a mover and seconder by Members of the Authority.

4.3 Election of Chair/Vice-Chair

The election of Chair and Vice-Chair positions will alternate between City and non-City

municipalities for two-year terms. This practice is dependent on the continuity of municipal

elections and appointments to the ERCA Board of Directors.

Each position requires separate nominations and elections. The Chair is elected first, then the Vice

Chair.

ERCA BoD Agenda Page 19 of 20

Printed on 50% Recycled Paper

Page 23: AGENDA - Essex Region Conservation - The place for life · The Authority receives its funding through grants, levies, and revenues generated from fees. Municipal General Levies are

The presiding Chair advises that the election will be conducted in accordance with Section 10 of

the Conservation Authorities Act as follows:

The presiding Chair calls for nominations - only a mover is required.

The presiding Chair asks each member nominated if they accept the nomination. The member

must be present to accept the nomination or an affidavit of acceptance, signed by the member

nominated, must be provided to the General Manager/Secretary-Treasurer to indicate

acceptance of the nomination.

When no further nominations are forthcoming, the presiding Chair calls for a resolution that

the nominations have been closed. The resolution is moved, seconded, and carried.

If only one Member is nominated for a position, the Chair declares the Member to have the

position by acclamation.

If more than one Member accepts a nomination for a position, the presiding Chair will ask the

Scrutineers to distribute ballots to the members for the purpose of election. The Chair

repeats the names aloud for the benefit of the voters.

In the event of an election, each nominee will be permitted not more than three (3) minutes to

speak for the office, in the order of the alphabetical listing of his or her surnames.

Members will write their choice for a nominee on the ballot and the scrutineers will collect and

count the ballots. The results are provided to the Chair, who announces the successful

nominee.

A majority vote will be required for election. Only current members of the Authority may vote.

In the event of a tie, a second vote is taken.

In the event of a tie after a second vote, the successful candidate shall be determined by the

presiding Chair by placing the names of the candidates on equal sized pieces of paper in a

receptacle and one name being drawn by a person chosen by the presiding Chair. The name of

the Candidate drawn shall be declared elected as Chair or Vice-Chair for the designated term.

Following the elections, the Chair calls for a resolution to destroy the ballots. The resolution is

moved, seconded and carried.

Following the elections of Chair and Vice-Chair, the elected Chair of the Essex Region

Conservation Authority occupies the Chair.

ERCA BoD Agenda Page 20 of 20

Printed on 50% Recycled Paper