2011-182 MOU NVCA, SSEATHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -182
Being a By -law to Authorize the Execution of the Memorandum of Understanding
Between the Township of Oro - Medonte, the Nottawasaga Valley Conservation
Authority, and the Severn Sound Environmental Association
WHEREAS Section 8 of the Municipal Act, 2011, S.O. 2001, C. 25, as amended,
provides that a municipality 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 Section 9 of the Municipal Act, 2011, S.O. 2001, C. 25, as amended,
provides that the scope of powers of a municipality shall be interpreted broadly so as to
confer broad authority on municipalities; (a) to enable them to govern their affairs as
they consider appropriate; and (b) to enhance their ability to respond to municipal
issues.
AND WHEREAS Section 20(1) of the Municipal Act, 2011, S.O. 2001, C. 25, as
amended , provides that a municipality may enter into an agreement with one or more
municipalities or local bodies, as defined in Section 19, or a combination of both to
jointly provide, for their joint benefit, any matter which all of them have the power to
provide within their own boundaries.
AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decisions of Council;
AND WHEREAS Council of the Township of Oro - Medonte is desirous to enter into a
Memorandum of Understanding between the Township of Oro - Medonte, the
Nottawasaga Valley Conservation Authority, and the Severn Sound Environmental
Association for the provision of services within the Severn Sound watershed within the
geographical boundaries of the Township of Oro - Medonte;
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte
enacts as follows:
1.That the Mayor and Clerk be authorized to execute the Memorandum of
Understanding attached hereto as Schedule "A" and forming part of this By-
law.
2. That this By -law shall come into effect upon the date of passage hereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23RD
DAY OF NOVEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H..,/' ughes
Cleft..i ` DoWlas
Between:
Schedule 'A' to By -Law
No. 2011 -182
Memorandum of Understanding ( "MOU ")
The Corporation of the Township of Oro - Medonte ( "the Township ")
and
the Nottawasaga Valley Conservation Authority ( "the NVCA ")
and
the Severn Sound Environmental Association ( "the SSEA ")
a. WHEREAS the area of jurisdiction of the NVCA was expanded in 2003 to include
portions of land in the Township that are located within the Severn Sound
Watershed;
b. AND WHEREAS the Township is a member of the NVCA, whose mission is
"working together with its member municipalities to value, protect, enhance and
restore our watershed resources, for a healthy sustainable future"
c. AND WHEREAS the Township is a member of the SSEA, whose mission is
"to work closely with its Watershed Municipalities and other agency partners to
sustain the environmental quality and to ensure the continued protection of the
Severn Sound Watershed through its wise stewardship"
d. AND WHEREAS the Township, the NVCA, and the SSEA (hereafter "the Parties ")
recognize that environmental services must be provided in a cost - effective, timely
manner to provide continued protection of the environment, while at the same time
ensuring that there is no duplication of efforts between the Parties and that funds
expended to all of the environmental programs are reviewable by the Township, as
per Appendix 3;
e. AND WHEREAS the Township, the NVCA, and the SSEA have been working on a
tripartite Memorandum of Understanding ( "MOU ") for the delivery of
environmental services within the Severn Sound Watershed of Oro - Medonte in the
best interest of the protection of the environment, and the effective utilization of
staff and resources;
L AND WHEREAS each Party to this MOU acknowledges their full endorsement of the
MOU, through the execution of this MOU to be bound by its terms and conditions, in
order to maintain the integrity and accountability of this document to the collective
and singular benefit of each Party;
g. AND WHEREAS each Party to this MOU possesses a desire to encourage a long-
lasting agreement amongst themselves, and as a model of co- operation;
h. NOW THEREFORE the Parties agree to work together to provide effective and
efficient environmental program /services within the Severn Sound Watershed as
outlined in this MOU as follows:
1. Appendix 1 of this MOU identifies the services and programs which are to be
provided by the NVCA, and the SSEA, within the Severn Sound Watershed in the
Township and funded and /or partially funded by the Township.
2. The Parties agree to share data with each other as per the data sharing protocol
(as set out in Appendix 2), to facilitate the efficient provision of services.
3. The Parties agree to work together in a co- operative approach and to make all
reasonable efforts to resolve any substantive disputes arising from this MOU
between themselves informally and amicably. Should any dispute arise that is
not resolved within 30 days, then the Parties will agree to have the Township of
Oro - Medonte make arrangements to facilitate resolution of the dispute through
the retention of a mediator, acceptable to all three Parties, whose fees shall be
equally shared by the three Parties, to a maximum of $ 2000 per party in any
year. Further, the Parties agree that the balance of the terms of the MOU will
continue in full force and effect pending the resolution of the dispute.
4. The Parties agree to participate in pre - development consultation, if required,
between the three Parties to this MOU and the developer, applicant, resident, or
any other Party, to consider planning applications, municipal planning processes
(i.e., official plan reviews, secondary plans etc.), as necessary. The Township will
provide the co- ordination of all required pre - development consultation meetings
for planning applications, as necessary, once a request from a
landowner /applicant /developer is received.
5. The Parties agree that the delivery of programs and services identified in
Appendix 1 will be reviewed on an annual basis among the three Parties to
ensure the intent of the MOU is being satisfied.
6. Any Party to this MOU may terminate this MOU, upon provision of a minimum of
eleven (11) month's written notice to the other Parties, such notice to be
received no later than January 31, and such termination to take effect on
January 1 of the following year. All financial obligations and provided services
will remain in effect until the termination date. Further, each Party agrees that
all relevant watershed data and /or records within its control will be provided to
the other Parties in a timely fashion prior to the termination date to enable an
orderly transition of any and all responsibilities under this MOU and, all of this
data /or records must be provided no later than the termination date.
Notwithstanding this section, it is recognized that data and /or records of work in
progress may not be immediately available upon completion, in which case the
relevant data shall be provided in a timely manner as agreed to by all Parties.
7. This MOU comes into effect on the date of signing of the MOU by all Parties and
continues in force and effect until December 31, 2013 and may be automatically
extended for a maximum of three (3) years upon the written consent of all
Parties, on the same terms and conditions contained herein, at the discretion of
the Township, the NVCA, and the SSEA until terminated, or amended, by any
Party in accordance with subsection 6 immediately preceding herein.
8. Notwithstanding sections 6 and 7, this MOU may be reviewed at the request of
any Party at any other time. Any amendment to this MOU shall be made only
with the consent of all Parties and any such amendments shall be in writing.
9. It is recognized that special projects may require a longer period of time to
complete some of the associated works for the project and, this time period
could be longer than the term of this MOU. These special projects shall require a
separate Agreement between the Parties to cover the extended term of the
project and require the support of the relevant Parties.
10. Nothing in this MOU shall be construed so as to prevent any Party from
performing their statutory or contractual obligations, under any applicable
legislation, such as the Planning Act, the Conservation Authorities Act, the
Municipal Act, etc.
11. The annual review referenced in Item 5 above, will be prepared by the Township
staff utilizing the attached report template (Appendix 3 - Township Annual
Report Submission). The NVCA and the SSEA will provide a year -end summary to
the Township staff that outlines the current status of all programs and projects
within the Severn Sound Watershed, and the associated costs including staffing
involved in each program /project. This project status /summary report is to be
submitted to the Township no later than December 1St of each year. The annual
review report will be a public document.
THIS MEMORANDUM 0F UNDERSTANDING is dated this 23rd day of November,
2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
THE NOTTAWASAGAVALLEY CONSERVATION AUTHORITY
Wayne R. fls,on, CAO /Secreta - Treasurer
y
Walter Benotto, Chair
THE SEVERN SOUND ENVIRONMENTAL ASSOCIATION
47—
Keith Sherman, Executive Director
B bAffrey, Chair
Appendix 1— Program and Service Delivery and Funding
Program /Service Delivered
Actual Costs or % Apportionment
NVCA
Levy $ 71,848 (to reflect services delivered by SSEA see
Notes 2,3,4 below)
Planning Services and Regulations
$ 40,611
including:
- Ecological /Natural heritage
technical support
- Engineering and
Hydrogeological support
- Fisheries Habitat protection
including DFO agreement
- NVCA regulation /permits,
Section 29 implementation
- Plan review, Natural hazard
Prov. Lead and Natural heritage
commenting plan review agency
- NVCA strategic planning
coordination e.g. Watershed
Plan
Flood and Erosion Program
$ 10,028
Administration /Operations
$ 15,197
including:
- IT and GIs systems support
- Annual Audit, Insurance
- Governance, Section 28 Hearing
Board
- Office infrastructure (light, heat,
phones, amortization etc,)
- Vehicle and Equipment
CA Land Management
$ 7810
Education and Communication
$ 3202
Services
SSEA
Tree distribution 2011- $1,460 of $10,500 watershed
program; Natural Shorelines in SS Approx. 30% of $1,040
watershed program; Ont. Drinking Water Stewardship
Pgm (ODWSP) 2011/2012 Approx. 20% of $64,369
watershed pgm for promotion (approx. 80% for sal &ben) +
$189,644 (more avail) for project grants on first come first
Stewardship & Forestry
serve basis.
Trib monitoring Approx. 30% of $35,000 watershed
program; PGMN approx. 60% of 70,000 watershed pgm;
benthos /temperature Approx 30% of $35,000 watershed
Environmental Monitoring
pgm
Administration /Operations
2011- $29,490 — only direct cost to O -M
Source Protection
Source Water Protection Technical Approx. 30% of $400K
Water Services — Healthy
Well Aware 2011 $6,150 of $11,850 watershed program;
Waters /Streams, Water Quality
Tree Planting 2011 $316 of $5,200 watershed program
Notes: 1. Additional programs /services not identified above are required to be endorsed by
Council and NVCA and /or SSEA under separate agreement. Example: Floodline study for
Coldwater River, Bass Lake Water Quality Update.
2. NVCA costs to be equal to NVCA levy as per CA Act, less the amount provided for
services identified in Appendix 1 and now being delivered by SSEA. The total NVCA levy to Oro -
Medonte is $149,026, as per CA Act (2011) with approx. 68% of levy covering the Severn Sound
watershed portion (being $101,338) minus $29,490 SSEA service delivery offset giving an NVCA
O -M Severn portion levy of $71,848.
3. Initial Cost for SSEA programs /services based on Oro - Medonte SSEA 2011 budget
allocation of $ 29,490.00 that is to be deducted by NVCA from the NVCA's Township of Oro -
Medonte Levy Contribution representing the estimated value of Stewardship, Forestry, and
Monitoring Programs now being provided by SSEA.
4. $ 29,490 (base deduction for SSEA service delivery) to increase on annual basis
consistent with % NVCA levy increase
5. Alterations to services provided require mutual agreement.
6. SSEA Annual Invoicing to be reviewed during Oro - Medonte Annual Budget in
accordance with the Letter of Agreement signed March 26, 2009.
Appendix 2 — Data Sharing Protocol
This Appendix identifies the specific data layers that are unique to either the Nottawasaga
Valley Conservation Authority (NVCA) or the Severn Sound Environmental Association (SSEA) as
they relate to the lands within the Township of Oro - Medonte (Severn Sound watershed).
In addition to the data sets identified below unique to either the SSEA or NVCA, there are data
sets that are maintained by the Ministry of the Environment for Provincial programs (PWQMN
and PGMN), or the OGDE data sets of the Province (such as NRVIS data sets), or the County of
Simcoe. These data sets are available currently to all parties and therefore are not identified in
this appendix.
The parties may be bound through data sharing agreements with the Province, County of
Simcoe, and others which would place limits on their ability to transfer specific data. Source
Water Protection data for the Severn Sound SPA portion of the Township is being collected and
shared for Source Water Protection purposes as data sharing agreements allow. The parties
are bound by Freedom of Information and Privacy Act requirements.
The following layers are considered unique.
NVCA
SSEA
NVCA Watercourses (including stream.
temperature)
NVCA Land Use
Agricultural crop system available from SSEA land us
layer (derived from SSEA survey and other sources,
FY)
2008 Land use Draft2
ArcHydro Network
SSEA Base Flow
Subwatersheds
Subwatersheds
Fisheries Management Unit
SSEA Tree Planting sites (on subwatershed basis)
Monitoring Site locations
SSEA Monitoring site locations
Ground Water Monitoring Data
SSEA Groundwater monitoring data (PGMN) —
available from MOE
Generic Regulation Hazard Line
Generic Regulation Slope Hazard
Generic Regulation Estimated Flood
Hazard
Generic Regulation Meander Belt Hazard
Generic Regulation Wetland Hazard
HEC RAS data for estimated floodplain
modeling
NVCA wetlands
Ponds
NVCA lands
Stream Health
2002 Ortho Imagery
NVCA Woodlands
NVCA Culverts
SSEA Culverts layer
Barriers
SSEA Stream barriers (MNR project)
Tree Planting Sites
SSEA Tree Planting sites (on subwatershed basis)
Healthy Water Sites
SSEA Healthy Streams sites (on subwatershed
basis)
Agriculture Resource Inventory Mapping
Natural Riparian Areas
SSEA Riparian vegetation (1998, GIS analysis using
NRVIS data)
NVCA Interior Forest
SSEA interior forest (generated for 100m or 200m)
GIS analysis using NRVIS data
Rainfall data
Temperature data
Snow survey data
Monitoring: benthic macro invertebrates,
stream temperatures and base
SSEA Stream benthos station data
SSEA Stream water quality data (PWQMN) —
available from MOE — annual sampling, ongoing
Bass Lake water and sediment quality data (2001);
Bass Lake beach quality data (with Health Unit)
Fish Sampling Data
SSEA Fish community data from MNR &DFO studies
(available from MNR)
Historical data may include: Information that has already been reported, work currently in
progress, and raw data.
The above noted data is to be shared between the Parties at the time of execution of the
agreement, at no cost to any of the Parties. New data collected or updated is required to be
shared on an annual basis between the Parties or upon completion of the specific
project /program.
Appendix 3 — Township Annual Report Submission
NVCA and SSEA in accordance with the Memorandum of Understanding executed with the Township are
required to submit to the Township of Oro - Medonte for review by Council a report on an annual basis th
summarizes the programs /services being provided, permits /applications received and issued, the staff
requirements, and the costs forthe provision of the program /service.
The NVCA and SSEA reports will be appended to a Township staff report prepared in the Township
standard report format.
Notes for NVCA Services:
1. Costs for service delivered include best estimate of total services delivered in Severn portion of Oro - Medonte,
identifying portion paid by Oro - Medonte Levy.
2. Staffing number of hours will vary from:
• Project specific detailed precise hours reporting, example Bass Lake report card; or
• Estimate based on prorated staff efforts for those broad programs covering more than just the Severn Sounc
watershed in the NVCA jurisdiction, example NVCA staff hours to deliver planning /regulations program if 10
of the overall NVCA permits are issued in Severn Sound watershed lands, then assumption that 10% of NVCP
effort and staff hours cost are spent in Severn Sound watershed lands
Services delivered
(i.e. permits, plan
Cost for
review,
Program /Service
Staffing (#
stewardship
Program /Service Area
($)
hours / #employees)
projects)
Stewardship & Forestry
Planning Services,
Regulations, and Technical
Support
Engineering and Technical
Services, Flood and
Erosion Management
FEnvironmental Monitoring
Administration /Operations
Source Protection
IF—
Water Services — Healthy
Waters /Streams, Water
Quality
Land
Management /Acquisition
Education /Communication
Services
Other Services
Notes for NVCA Services:
1. Costs for service delivered include best estimate of total services delivered in Severn portion of Oro - Medonte,
identifying portion paid by Oro - Medonte Levy.
2. Staffing number of hours will vary from:
• Project specific detailed precise hours reporting, example Bass Lake report card; or
• Estimate based on prorated staff efforts for those broad programs covering more than just the Severn Sounc
watershed in the NVCA jurisdiction, example NVCA staff hours to deliver planning /regulations program if 10
of the overall NVCA permits are issued in Severn Sound watershed lands, then assumption that 10% of NVCP
effort and staff hours cost are spent in Severn Sound watershed lands