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Essex-Windsor Solid Waste Authority Regular Board Meeting

Agenda

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Meeting Date: Tuesday, February 4, 2020

Time: 4:00 PM

Location: Essex County Civic & Education Centre – Room C

360 Fairview Avenue West, Essex Ontario

LIST OF BUSINESS PAGE NUMBERS

1. Call to Order

2. Welcome to Board Member/Windsor Councillor Mr. Fabio Costante who will be Windsor’s 5th representative on the Board for 2020 and 2022. County Representative Mr. Leo Meloche will return to the Board for 2021.

3. Election of Chair and Vice Chair for 2020

Chair for 2020 will be elected from among the City members.

Vice Chair for 2020 will be elected from the County members.

4. Declaration of Pecuniary Interest

5. Approval of the Minutes

A. December 3, 2019 Regular Meeting Minutes 1-9

6. Business Arising from the Minutes

7. Correspondence

8. Delegations

9. Waste Disposal

A. Tender Results for Front End Wheel Loader for Transfer Station #2 10-12

10. Waste Diversion

A. Plastic Bags and Blue Box Collection 13-15

B. Extension of Windsor Disposal Contracts for Recycling Processing & County Blue Box Collection and Recycling Repairs and Maintenance 16-18

Regular Board Meeting Agenda February 4, 2020

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11. Finance and Administration

A. 2020 Budget Approval Update 19-20

B. 2019 Budget Projection Update 21-22

C. Summary of Legal Accounts 23

12. Other Items

13. By-Laws

A. By-Law 1-2020 24 Being a By-Law to Authorize the Execution of an Agreement Between the Essex-Windsor Solid Waste Authority and Toromont Ltd. for the Supply of a Front End Loader and a Five Year Service Contract for use at Transfer Station #2 in Kingsville

B. By-Law 2-2020 25 Being a By-Law to Authorize the Extension of Agreements Between the Essex-Windsor Solid Waste Authority and Windsor Disposal Services Ltd. for (a) Recycling Processing and County Blue Box Collection and (b) Recycling Repairs and Maintenance

C. By-Law 3-2020 26 Being a By-Law to Confirm the Proceedings of the Meeting of the Board of the Essex-Windsor Solid Waste Authority

14. Future Meeting Dates

Tuesday, March 3, 2020 Tuesday, April 7, 2020 Tuesday, May 5, 2020 Tuesday, June 2, 2020 Tuesday, July 7, 2020 Wednesday, August 12, 2020 Tuesday, September 1, 2020 Tuesday, October 6, 2020 Tuesday, November 3, 2020 Tuesday, December 1, 2020

15. Adjournment

Essex-Windsor Solid Waste Authority Regular Board Meeting

Minutes

Page 1 of 9

Meeting Date: December 3, 2019

Time: In-Camera Session 4:00 PM

Regular Session Immediately Following In-Camera Session

Location: Essex County Civic & Education Centre – Room C

360 Fairview Avenue West, Essex Ontario

Attendance

Board Members: Gary McNamara County of Essex (Ex-Officio) Marc Bondy County of Essex Aldo DiCarlo – Chair County of Essex Leo Meloche County of Essex Ed Sleiman City of Windsor Gary Kaschak – Vice Chair City of Windsor Jim Morrison City of Windsor Kieran McKenzie City of Windsor

EWSWA Staff: Eli Maodus General Manager Michelle Bishop Manager of Finance & Administration Tom Marentette Manager of Waste Disposal Cathy Copot-Nepszy Manager of Waste Diversion Teresa Policella Executive Secretary

City of Windsor Staff: Natasha Couvillion Manager of Performance Measurement & Financial Administration

Anne Marie Albidone Manager of Environmental Services Dwayne Dawson Executive Director of Operations Cindy Becker Financial Planning Administrator

Absent: Drew Dilkens City of Windsor (Ex-Officio) Hilda MacDonald County of Essex Mary Birch Director of Council & Community

Services/Clerk Sandra Zwiers Director of Financial Services/Treasurer Tony Ardovini Deputy Treasurer Financial Planning

1. Closed Meeting

There was a Closed Meeting at 4:00 PM. The Regular Session immediately following In-Camera Session.

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Regular Board Meeting Minutes December 3, 2019

Page 2 of 9

Moved by Marc Bondy Seconded by Gary McNamara That the Board move into a closed meeting pursuant to Section 239 (2) of the Municipal Act, 2011, as amended for the following reason(s): (e) litigation or potential litigation, affecting the Board(f) advice that is subject to solicitor-client privilege, including communicationsnecessary for that purpose.

74-2019Carried Unanimously

2. Call to Order

The Chair called the meeting to order at 4:43PM.

3. EWSWA Board Composition 2020

The General Manager stated that there will be a change of Board members for 2020 asthe County of Essex alternate, Board Member Meloche, will not be a voting member for2020 while the City of Windsor will appoint a fifth Board Member for 2020. Mr. Melochewill return in 2021. For 2020, the Chair will be elected from among City of Windsorrepresentatives and the Vice Chair will be elected from among County of Essexrepresentatives.

The General Manager noted that Board member Meloche will continue to receive theagenda and is welcome to attend future meetings.

Mr. Morrison stated that the City of Windsor appointment is selected by a strikingcommittee and the vote is conducted during a City of Windsor Council in-camerameeting.

The General Manager stated that he will contact the Clerk at the City of Windsor officefor the appointment to be placed on Windsor’s Striking Committee agenda in December2019 or January 2020.

4. Declaration of Pecuniary Interest

The Chair called for any declarations of pecuniary interest and none were noted. Hefurther expressed that should a conflict of a pecuniary nature or other arise at any timeduring the course of the meeting that it would be noted at that time.

5. Approval of the Minutes

A. November 5, 2019 Regular Meeting Minutes

Moved by Gary McNamaraSeconded by Ed SleimanThat the minutes from the Essex-Windsor Solid Waste Authority RegularMeeting, dated November 5, 2019, be approved and adopted.

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Page 3 of 9


6. Business Arising from the Minutes

There was no business raised for discussion.

7. Correspondence

There were no correspondence items for consideration.

8. Delegations

There were no delegations present.

9. Waste Disposal

A. 2020 Board Appointment to the Landfill Liaison Committee

The Manager of Waste Disposal provided background information regarding theLandfill Liaison Committee. The Environmental Compliance Approval (ECA) forthe Regional Landfill stipulates the establishment and maintenance of a LandfillLiaison Committee (LLC). The purpose of the LLC is to review and makecomment on any activities associated with the Regional Landfill Site, which shallinclude a review of Operations and Monitoring reports, review of complaints aswell as the development and implementation plan for eventual end use andperpetual care. Meetings of the LLC are held quarterly. The membership of theLLC consists of 8 members appointed as follows:

• One (1) member from the EWSWA Board that is not a Municipal Councilmember from the host municipality, namely the Town of Essex – Term of 1year.

• Two (2) members from the Municipal Council of the host municipality, namelythe Town of Essex. Currently the members for the Town of Essex are Ms.Kim Verbeek and Mr. Richard Meloche.

• One (1) MOE representative appointed by the District Manager of the Ministryof the Environment. Cara Salustro, Provincial Officer, has been appointed asthe representative.

• Four (4) resident representatives from the “Schedule A” area as defined in theCompensation Policy – Term of 3 years. The current representatives are JoelGagnon (2018-2020), Susan Morand (2019-2021), Louise Masse (2019-2021) and Richard Colenutt (2020-2022).

The Authority is to appoint one of its Board members to the Landfill Liaison Committee at this meeting. As a matter of information, the Board’s appointment for 2019 was Board Member Marc Bondy.

Mr. McNamara nominated Mr. Bondy for the position again for 2020.

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Page 4 of 9

Mr. Bondy accepted the nomination.

Moved by Gary McNamara Seconded by Gary Kaschak That the Board appoint Marc Bondy, who is not a member of the Council of the Town of Essex, to the Landfill Liaison Committee for a term of one year for 2020.


10. Waste Diversion

A. Province and Environment Ministry Setting Up Working Groups re: BlueBox Transition to Producers 2023-2025

The General Manager referred to page 18 of the agenda package. He statedthat on November 26, 2019 he attended a meeting of various stakeholdersregarding the transition of the municipal Blue Box program to full producerresponsibility. He noted that this is the first of several meetings that he will beattending. The meeting was held in Toronto at the invitation of the EnvironmentMinistry.

The General Manager stated the purpose of this initial meeting was to kickoff theBlue Box Transition stakeholder engagement process. This meeting broughttogether all the working groups together to hear the Ministry’s plan for developingproducer responsibility regulations. The three working groups are (1)municipalities, (2) producers and (3) waste management and packagingmanufacturers.

The General Manager stated that meetings will be held commencing onDecember 17, 2019 and continue in January, February and March of 2020.

The working groups will be tasked with discussing and providing advice andrecommendations on the following topics:

• Definition and scope of the designated materials – what products and/orpackaging materials must be managed.

• Collection and accessibility requirements – what sources must be collectedfrom and what should be the minimum standard level of service.

• Management requirements – what would be appropriate targets for highly-recyclable materials and poor performing materials.

• Transition approach – what criteria should be used to select whichcommunities will transition from the current Blue Box program to the newproducer responsibility framework.

The General Manager noted that municipalities will initially meet on their own. He will provide the Board updates throughout 2020.

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Page 5 of 9

The General Manager stated that AMO is requesting information by second quarter from municipalities. Municipalities will be asked to provide their waste collection contract end dates. AMO also wants to know if municipalities had a choice of when they would want to transition the Blue Box program to producers what would that date be as well if the municipality would be interested in providing collection and/or processing services to producers. The General Manager stated that AMO has indicated that producers might want municipalities to still provide collection services as producers know that municipalities have the required experience. On the other hand, AMO has indicated that producers may want to take on the task of processing recyclables themselves, for example, potentially consolidating recycling facilities.

Mr. Sleiman asked if the Board would make the recommendations solely or would the Authority consult with Windsor as well. The General Manager stated that the response to AMO’s survey request would be collaborative between the EWSWA and Windsor.

Moved by Kieran McKenzie Seconded by Gary Kaschak That the Board receive the Province and Environment Ministry Setting Up Working Groups re: Blue Box Transition to Producers Report as information.


11. Finance and Administration

A. 2020 Budget Approval Update

The Manager of Finance referred to page 23 of the agenda package. At the Authority’s November 5, 2019 meeting the Authority Board approved the 2020 budget. Authority Administration attended the November 20, 2019 Essex County Council meeting to present the 2020 budget. She stated that Essex County Council approved the Authority’s 2020 budget at that meeting.

Authority Administration is scheduled to attend the City of Windsor Council meeting on January 27, 2020 to seek approval of the 2020 EWSWA budget.

Moved by Marc Bondy Seconded by Gary McNamara THAT the Board receive the EWSWA 2020 Budget Approval Status Report as information


B. Summary of Legal Accounts

Moved by Gary McNamara Seconded by Marc Bondy

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Page 6 of 9

THAT the Board authorize the payment of the legal account as summarized. 79-2019

Carried Unanimously

C. 2020 Meeting Schedule

For the Board’s information.

D. 2019 Revenue Projection Update

The Manager of Finance and Administration referred to page 27 of the agendapackage and provided the Board with 2019 revenue projection update. Since thepresentation of the 2020 Budget on November 5, 2019, a large volume ofcontaminated soil had been delivered to the Regional Landfill for disposal. Shestated that additionally, since the date of the report the Authority has received anadditional 6,000 tonnes of contaminated soil at the Regional Landfill whichresults in total net revenue of $450,000.

Mr. Meloche asked if the tipping fee is reflective of any expenses such asleachate treatment.

The Manager of Finance stated that it is hard to determine how much leachate isreleased from the contaminated soil. She stated the increase in thecontaminated soil tipping fees will cover the additional expense.

The Manager of Waste Disposal stated that there could potentially be 50,000-60,000 tonnes of contaminated soil coming into the Regional Landfill. He statedthat the contractors are supplying the equipment to place the material so it is awin-win situation. The soil coming into the landfill is dry and is being used to theAuthority’s advantage.

Mr. Bondy asked if there are degrees of contamination. The Manager of WasteDisposal stated that it fluctuates depending on where the soil is coming from. Hestated that the soil coming from this project is not as contaminated compared toother material the Regional Landfill has received in the past.

Mr. Bondy asked if the contaminated soil goes to Sarnia if the Authority will nottake it. The Manager of Waste Disposal replied yes.

Mr. Bondy asked if it is common practice for the customers to supply their owndozer instead of going farther to dispose of the soil. The Manager of WasteDisposal replied yes.

Mr. Sleiman asked if there is a mechanism to test the contaminated soil.

The Manager of Waste Disposal stated that customers are required to completea Waste Characterization Form prior to bringing contaminated soil to theRegional Landfill. Copies of the test results are submitted to the Authority from

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their consultants. The Authority then determines if the contaminated soil is allowed to be brought to the landfill.

The Manager of Waste Disposal stated that the Authority is receiving many requests since we are the only facility in the area to receive this type of waste.

Mr. Meloche asked if the Authority has the capacity to receive this contaminated soil. The Manager of Waste Disposal replied yes. He stated that the Authority is trying to use the contaminated soil as effective as possible.

Mr. Meloche asked what is done with the contaminated soil when large quantities are received.

The Waste Disposal Manager stated that the soil is stockpiled for future use.

Mr. Meloche asked if there is a cost benefit even though there will be leachate treatment costs associated with this. The Manager of Waste Disposal replied yes. The Manager of Waste Disposal stated that vines are a much worse offender in producing leachate. He stated that the contaminated soil aids in compaction.

Moved by Jim Morrison Seconded by Leo Meloche THAT the Board receive the 2019 Revenue Projection Update Report as information.


12. Other Items

Mr. Meloche stated he placed fluorescent lights with his recyclables for collection butthey were not picked up. He asked if they are allowed in the program.

The Manager of Waste Diversion replied that they are not picked up with regularresidential recycling collection but they can be dropped off at any of the Authority’sfacilities in the MHSW area.

Mr. Kaschak asked if there is a possibility for residents to tour the recycling facility inWindsor. The General Manager stated that a tour for residents has never been done.He stated that when the Container MRF was being constructed in 2008 there was aplan for a mezzanine but it was not constructed due to cost. The Manager of WasteDiversion stated there is a video on the Authority’s website called “A Day in the Life ofWater Bottle Wally” that explains the recycling process. She also stated that Authoritystaff are working on creating more educational videos.

Mr. Kaschak commended the City of Windsor on recycling most of the waste from thedemolition of the old City Hall building.

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Mr. Sleiman asked if the prices of recyclables is down.

The Manager of Finance stated that prices are down as of the November draft numbers and October actuals but they are in line with projections. There was a large shift in July with plastic materials. She further noted that there are some municipalities that are paying to have recyclable material removed from their site or are not receiving any revenue.

The Manager of Waste Diversion stated that the Authority is producing a more marketable material from the fibre plant with the new Fiber Optic Sorting System. She also noted that the Authority is generating more material like carboard and box board.

Mr. Meloche asked if the Authority is trying to lobby and develop a greater market for the product. For example, at the industry level, producers would have to use 25% of recyclable material in their products.

The General Manager stated that is not in the Authority’s scope. The Waste Diversion programs that the Authority offers is for residential areas. The ICI sector is responsible to contract their own recycling collection.

13. By-Laws

A. 17-2019 Confirmatory By-law for December 3, 2019.

Being a By-Law to Confirm the Proceedings of the Meeting of the Board of theEssex-Windsor Solid Waste Authority.

Moved by Marc BondySeconded by Gary KaschakTHAT By-Law 17-2019, being a by-law to confirm the proceedings of the Boardof the Essex-Windsor Solid Waste Authority be given three readings and beadopted this 3rd day of December, 2019.


14. Next Meeting

A. Meeting Schedule for 2020

January 2020 – No meetingTuesday, February 4, 2020Tuesday, March 3, 2020Tuesday, April 7, 2020Tuesday, May 5, 2020Tuesday, June 2, 2020Tuesday, July 7, 2020Wednesday, August 12, 2020Tuesday, September 1, 2020

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Page 9 of 9

Tuesday, October 6, 2020 Tuesday, November 3, 2020 Tuesday, December 1, 2020

15. Adjournment

Moved by Kieran McKenzieSeconded by Gary McNamaraTHAT the Board stand adjourned at 5:32 pm.


All of which is respectfully submitted.

Aldo DiCarlo Chair

Ilija Maodus General Manager

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Jan 30 2020.docx

Essex-Windsor Solid Waste Authority Administrative Report

January 30, 2020

To: The Chair and Board of the Essex-Windsor Solid Waste Authority

From: Tom Marentette, Manager of Waste Disposal


RE: FRONT END LOADER TENDER RESULT AND AWARD

PURPOSE

The purpose of this report is to recommend the award of tender for one Caterpillar 938M Front End Loader and a 5 year or 10,000-hour service contract to Toromont Cat to be used at the Essex-Windsor Solid Waste Transfer Station Facility in Kingsville.

DISCUSSION

On December 27, 2019 the Authority issued a tender for the supply of one Front End Wheel Loader (190 HP). The Loader is to be used at the Transfer Station in Kingsville to load waste trailers for transport to the Regional Landfill. This new Loader will replace an existing 7 year old Caterpillar 930K Loader. The existing Loader will be re-allocated and placed into service at the Regional Landfill and will replace a 2007 Caterpillar 938G Front End Wheel Loader which has reached the end of its useful life. Front End Loaders at the Regional Landfill are primarily utilized in the production of compost from the yard waste collection program.

The tender was emailed directly to 6 different equipment suppliers, was posted on Biddingo.com, MERX.com, the EWSWA website and was advertised in the Windsor Star and County newspapers. The tender closed on January 23, 2020 and bid packages were received from Toromont Cat and Brandt Tractor Inc. A public tender opening took place at 1:05 pm on Thursday, January 23, 2020. Bid packages were reviewed for compliance with no issues.

The tender was issued not only for the supply of a Front-End Wheel Loader but also for a service contract with comprehensive coverage for a period of 5 years or 10,000 hours (whichever comes first). The Loader will remain in service at the Kingsville Transfer Station for a period of 7 years and the Authority will continue to fund a repair and maintenance account at the unit bid rate to cover the cost of repairs and maintenance on an as needed basis for the additional 2 years.

Toromont CAT submitted the lower overall bid price ($357,700 vs $379,800) which includes factoring their maintenance contract service rate over 5 years. While Brandt Tractor Inc. was approximately 27% ($2.14 per hour) lower on their maintenance contract service rate, their overall bid price including maintenance was still higher than Toromont CAT. In addition, Toromont Cat provided a higher trade-in allowance ($40,500 vs $40,000). Toromont CAT has

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Front End Wheel Loader T2 Tender Results and Award January 30, 2020

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Jan 30 2020.docx

committed to a guaranteed delivery date of May 29, 2020, while Brandt Tractor specified a May 20, 2020 delivery date.

The tender result is as follows:

Supply of one Front End Wheel Loader (190 HP);

COMPANY MAKE EQUIPMENT

PRICE (EXCL. HST)

HOURLY SERVICE RATE

(EXCL. HST)

TOTAL OF EQUIPMENT

COST & 10,000 HOURS

SERVICE (EXCL. HST)

Toromont Cat Caterpillar 938M $279,900 $7.78 $357,700

Brandt Tractor Inc. John Deere 624L $323,400 $5.64 $379,800

Administration is recommending the acquisition of the Caterpillar 938M Front End Wheel Loader as supplied by Toromont CAT, at a cost of $279,900 plus applicable taxes. This unit satisfies all specifications as detailed in the tender document. This unit will replace a Loader which was purchased new in 2007. The old unit will be either sold through a competitive sales process with a $40,500 minimum or the unit will be taken on trade by Toromont CAT., for $40,500 as specified in the tender.

The purchase of the new loader is included in the 2020 EWSWA capital budget at a placeholder amount of $180,000. The acquisition cost of the new loader will be funded by at least $40,500 from the sale of the 2007 loader with the balance being funded by the Equipment Replacement Reserve. Although the purchase price of the new loader exceeds the budget placeholder there are sufficient funds in the Reserve, therefore there will be no negative impact on the 2020 budget.

Administration is also recommending that a 5-year, 10,000-hour (whichever comes first) service contract be signed at a pre-tax cost of $7.78 per hour.

RECOMMENDATIONS

1. That the Board approve the acquisition of a Caterpillar 938M Front End Wheel Loaderas supplied by Toromont Cat at a cost of $279,900 plus applicable taxes.

2. That the Board approve a 5-year, 10,000-hour (whichever comes first) service contractat a pre-tax cost of $7.78 per hour for the Caterpillar 938M Front End Wheel Loader assupplied by Toromont Cat

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Front End Wheel Loader T2 Tender Results and Award January 30, 2020

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SUBMITTED BY

` Tom Marentette, Manager of Waste Disposal

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January 24, 2020


From: Catharine Copot-Nepszy, Manager of Waste Diversion


Subject: “No Plastic Bags…Period!” Recycling Campaign – Effective June 1, 2020

Purpose

To inform the EWSWA Board members of the upcoming June 1, 2020 “No Plastic Bags…Period!” recycling initiative that is supported through co-partners: Environmental Services Department of the City of Windsor and EWSWA’s Waste Diversion Department, as well as other contractors and municipalities.

Background

In 2018, as a result of the oversaturation of the domestic recycling market, buyers started imposing higher quality demands on municipalities like EWSWA who sell their finished recyclable goods to them, it forced the EWSWA to further monitor issues that were impeding us to consistently meet these newly enforced quality standards. Through many audits of incoming materials into both the Fibre and Container Material Recovery Facilities (MRFs), the Authority identified a few items as major contributors of contamination. After thorough review of the data, it was determined that incoming plastic bags were not only the major source of contamination, but, it also posed excess burden on the processing of recyclables (e.g., repairs, maintenance, downtime, sorting inefficiencies) in both MRFs. Plastic bags were found in many forms: loose and as a receptacle that often has more than clean recyclables (e.g., garbage) contained. Attached to this report is an image of the typical incoming material found in the Container MRF that highlights this issue.

As EWSWA manages the contracts for the processing of all recycling materials collected at curbside in Essex-Windsor and the curbside collection in Essex County, and the City of Windsor manages the contract for their own curbside collection of recycling, Windsor collaborates often with EWSWA to discuss recycling issues. As a result, through the discussion around these audits mentioned in the previous paragraph, market conditions, issues at the curbside, and processing issues, City of Windsor and EWSWA Administration unanimously agreed that a campaign that bans plastic bags in curbside recycling collection must be undertaken.

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“No Plastic Bags…Period! Recycling Campaign Page 2 of 3 January 24, 2020

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Discussion

Together the EWSWA and City of Windsor Administration has created a “No Plastic Bags…Period!” education campaign with very straightforward messaging with the goal to support all sectors (e.g., residential, multi-residence facilities, schools) that use the curbside recycling program through the ban. The education campaign will be launched in late March with the 2020 City of Windsor calendar launch and a media kick-off event. From this point on until the June 1st, 2020 ban date, the collaborative has created a comprehensive campaign strategy to support users to be ready for the ban, as collectors will no longer collect curbside recycling that contains plastic bags after June 1st. This campaign will include promotion through events, information (e.g., 311, EWSWA and municipal administration, collectors), Annual Truckload Sale, e-newsletter giveaways, information packages, resources and media campaigns across many mediums (e.g., radio, interviews, print ads, collector truck display boards, Facebook, Twitter). To monitor the impact of the campaign, pre- and post- curbside audits will be done as well as MRF audits.

Once the June 1st, 2020 ban date arrives, EWSWA and City of Windsor Administration will use the early part of the month of June to support Windsor users who are having issues with collection to create a soft-launch support system. The EWSWA administrative staff will continue to monitor the Essex County collection issues as they currently do.

Financial Impact

There is no foreseen financial impact, as resources for 2020 were allocated to support this initiative.

Recommendation

That the Board receive this report as information.

Submitted By

Catharine Copot-Nepszy, Manager of Waste Diversion

Attachments: Photo of Container MRF Incoming Material Example of Education Campaign Advertisement

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“No Plastic Bags…Period! Recycling Campaign Page 3 of 3 January 24, 2020

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Attachments

• Incoming Material in the Container MRF

• Example of a campaign ad

E

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of 3 REPORT - WDS Extension of Contracts Post Nov 20, 2020 - Jan 30 2020


January 30, 2020


From: Ilija Maodus, General Manager Cathy Copot-Nepszy, Manager of Waste Diversion


Subject: Extension of (a) Recycling Processing & County Blue Box Collection Contract; (b) Recycling Repairs & Maintenance Contract; Both contracts with Windsor Disposal Services Ltd. (WDS); for the period December 1, 2020 to December 31, 2022

Purpose The purpose of this report is to recommend that the Board approve Authority administration to engage in discussions Windsor Disposal Services Ltd. (WDS) regarding the extension of two contracts, namely;

(a) a combined contract for the Processing of all recyclables delivered to Essex-Windsor’s twoMaterial Recovery Facilities (MRFs) and for the Curbside Collection of Blue Boxes in the sevenCounty Municipalities

(b) a contract for the Repairs & Maintenance of Recycling Processing Equipment in the twoEWSWA MRFs.

As a matter of information, the contract for the curbside collection of recyclables within the City of Windsor is between the City of Windsor and GFL and expires August 27, 2024.

Discussion The two contracts as described in the Purpose section of this report are set to expire on November 30, 2020. That being said, the agreements in place regarding those two contracts allow for 1 year or 2 year extensions beyond November 30, 2020 if both the EWSWA and WDS agree to the extensions. EWSWA Administration is recommending that the extension clauses be exercised to December 31, 2022.

The December 31, 2022 extension date is technically one month beyond the 2 year extension period as contained within the current agreement. Extending to December 31, 2022 will allow for the potential transition at January 1, 2023 of Processing and County Blue Box Collection to Producers as part of the Province’s plan to transition the administration and full cost of all

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Extension of Recycling Processing, Collection, R&M Contracts with WDS January 30, 2020

Page 2 of 3 REPORT - WDS Extension of Contracts Post Nov 20, 2020 - Jan 30 2020

municipal recycling programs across the province to Producers sometime during the period January 1, 2023 – December 31, 2025.

It is unknown at this time on which date each Ontario municipality will be transitioning their program. This information may not be known until sometime in 2021. With this in mind Administration is further recommending that in addition to exercising the extensions to December 31, 2022 that the extension agreement include a clause which allows for additional extensions of variable periods of time beyond December 31, 2022 to cover off the period January 1, 2023 – December 31, 2025. This will allow for the termination dates of these contracts to “dovetail” with the transition date to Producers.

Consultation EWSWA Administration has consulted with legal counsel regarding the contents of this report and the preparation of the extension agreements.

Recommendations THAT the Board approve Authority administration to engage in discussions with Windsor Disposal Services Ltd. (WDS) regarding the extension of:

(a) a combined contract for the Processing of all recyclables delivered to Essex-Windsor’s twoMaterial Recovery Facilities (MRFs) and for the Curbside Collection of Blue Boxes in the sevenCounty Municipalities

(b) a contract for the Repairs & Maintenance of Recycling Processing Equipment in the twoEWSWA MRFs.

THAT if WDS is agreeable to the extensions that the Board authorize the General Manager to execute extension agreements, as follows:

(a) THAT the EWSWA exercise the 2 year extension option as contained within the currentagreement pertaining to the Processing of all recyclables delivered to Essex-Windsor’stwo Material Recovery Facilities (MRFs) and for the Curbside Collection of Blue Boxesin the seven County Municipalities so that the contract will be extended from its currentexpiry date of November 30, 2020 to December 31, 2022.

(b) THAT a further extension clause be included in the Processing and Collectionagreement that will allow for variable extension terms to cover the period January 1,2023 – December 31, 2025.

(c) THAT the EWSWA exercise the 2 year extension option as contained within the currentagreement pertaining to the Repairs & Maintenance of Recycling Processing Equipmentin the two EWSWA MRFs so that the contract will be extended from its current expiry dateof November 30, 2020 to December 31, 2022.

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Extension of Recycling Processing, Collection, R&M Contracts with WDS January 30, 2020

Page 3 of 3 REPORT - WDS Extension of Contracts Post Nov 20, 2020 - Jan 30 2020

(d) THAT a further extension clause be included in the Repairs & Maintenance agreementthat will allow for variable extension terms to cover the period January 1, 2023 –December 31, 2025.

Submitted By

Ilija Maodus, General Manager

Catharine Copot-Nepszy, Manager of Waste Diversion

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2020.docx


January 28, 2020


From: Michelle Bishop, Manager of Finance and Administration


Subject: EWSWA 2020 Budget Approval Status

Purpose

The purpose of this report is to update the Board on the status of the 2020 EWSWA Budget approval process.

Background

At the Authority’s November 5, 2019 meeting the Authority Board approved the 2020 budget recommendations.

As a part of the final approval process the budget is then referred to the County of Essex and City of Windsor and their Councils for their consideration.

Discussion

On November 20, 2019 Authority Administration attended Essex County Council to present the 2020 Budget, address questions from the council members and to seek approval of the 2020 EWSWA Budget. Essex County Council resolved to approve the Authority’s budget at that meeting. A copy of the Council resolution was received from the County of Essex on December 3, 2019.

On January 27, 2020 Authority Administration attended Windsor City Council to present the 2020 Budget, address questions from the council members and to seek approval of the 2020 EWSWA Budget. Authority Administration did not appear as a delegation and were not requested by Council to make a presentation or to answer questions. Windsor City Council resolved to approve the Authority’s budget at that meeting. A copy of the Council resolution should be received shortly.

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Status of EWSWA Budget Approval Page 2 of 2 January 28, 2020

H:\EWSWA\everyone\1 - Reports\2020 Reports to the Board, LLC, TRC\REPORT - Status of the 2020 EWSWA Budget Approval February 4, 2020.docx

Recommendation


Submitted By

Michelle Bishop, Manager of Finance and Administration

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of 2 H:\EWSWA\everyone\1 - Reports\2020 Reports to the Board, LLC, TRC\REPORT - 2019 Budget Projection Update February 4 2020.docx


January 24, 2020


From: Michelle Bishop, Manager of Finance and Administration


Subject: 2019 Budget Projection Update

Purpose

The purpose of this report is to provide an update to the Board on 2019 projected revenue figures.

Background

The Board met on November 5, 2019 to deliberate the 2020 budget. Included in the 2020 budget document were 2019 revenue projections for the Sale of Recycling Material and ICI Landfilled Tipping Fee Revenue. Further, on December 3, 2019 the Authority Board was advised of additional contaminated soil material being delivered to the Regional Landfill from a local construction project. The Board was advised that the project would continue through the end of December 2019 and that Administration was not certain of the volume of material that would be delivered for disposal. The 2019 projection figures are required to be further revised as described in the discussion section below.

Discussion

2019 Revenue Projections

At the time of the preparation of the 2020 budget document certain estimates were made in order to derive projected 2019 revenue figures. Now that 2019 has concluded more accurate figures can be calculated.

ICI Landfilled Tip Fee Revenue – The large local construction project that the Board was advised of in December along with other small projects resulted in an additional 34,270 tonnes of contaminated soil delivered in November and December that was not included in the 2019 projection. Additionally, revenue was earned from 5,500 tonnes of un-projected greenhouse vines and waste material that historically has not been brought to the Regional Landfill for disposal.

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2019 Projection Update Page 2 of 2 January 24, 2020

H:\EWSWA\everyone\1 - Reports\2020 Reports to the Board, LLC, TRC\REPORT - 2019 Budget Projection Update February 4 2020.docx

Sale of Recycled Material Revenue – Revenue from the sale of recycled material was ($67,700) lower than projected ($2,083,100 actual vs. $2,150,800 projected) due to lower than expected tonnage received (20,594 actual tonnes vs. 20,855 projected tonnes).

Summary

2019 Additional Revenue

ICI Landfilled Tip Fee Revenue (Net of Host Compensation) $980,100 Sale of Recycled Material ($67,700)

Total $912,400

The additional revenue serves to increase the 2019 projected surplus. A full year end report will be provided to the Board in May once the 2019 audit is completed by KPMG. The final operating surplus figure will be reported at that time.

Recommendation


Submitted By

Michelle Bishop, Manager of Finance and Administration, CPA, CGA

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of 1 H:\EWSWA\everyone\1 - Reports\2020 Reports to the Board, LLC, TRC\REPORT - Summary of Legal Accounts - February 4, 2020

Meeting.docx


January 14, 2020


From: Ilija Maodus, General Manager


Subject: Summary of Legal Account(s)

1. McTague Law Firm LLP $1,211.36

Regarding: Legal Advice and Mediation Costs re: Recycling Processing Contract

Invoice # 305778 Billing Period November 26, 2019 – December 5, 2019 Invoice Date December 31, 2019

Recommendation

That the Board authorize the payment of the legal account as summarized.

Submitted By

Ilija Maodus, General Manager

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H:\EWSWA\everyone\1 - By-Laws and Agreements\BY-LAWS\2020 By-Laws\1-2020 By-Law to Authorize an Agreement with Toromont for Supply of a Front End Loader.docx

Essex-Windsor Solid Waste Authority

By-Law Number 1-2020

Being a By-Law to Authorize the Execution of an Agreement Between the Essex-Windsor Solid Waste Authority and Toromont Ltd. for the Supply of a Front End Loader and a Five Year Service Contract for use at Transfer Station #2 in Kingsville

Whereas the Essex-Windsor Solid Waste Authority has approved entering into an Agreement with Toromont Ltd. (hereinafter referred to as the Contractor), for the supply of a front end loader and a five year service contract for use at Transfer Station #2.

Now Therefore the Essex-Windsor Solid Waste Authority enacts as follows:

1. THAT EWSWA hereby approves the acquisition of a front end loader and a five year serviceagreement from Toromont Ltd. upon and subject to the terms, covenants and conditionscontained in the Agreement and Contract Documents.

2. THAT the term of this Agreement shall reflect the terms and conditions set out in the tenderdocuments;

THIS By-Law shall take effect upon the final passing thereof.

ESSEX-WINDSOR SOLID WASTE AUTHORITY

___________________________ EWSWA Board Chair

___________________________ Ilija Maodus

General Manager

Read a First, Second and Third Time, Enacted and Passed this 4th Day of February, 2020.

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Being a By-Law to Authorize the Extension of Agreements Between the Essex-Windsor Solid Waste Authority and Windsor Disposal Services Ltd. for (a) Recycling Processing & County Blue Box Collection and (b) Recycling Repairs & Maintenance.

Whereas the Essex-Windsor Solid Waste Authority has approved administration to engage in discussions regarding entering into extension Agreements with Windsor Disposal Services Ltd. (hereinafter referred to as the Contractor), for (a) Recycling Processing and County Blue Box Collection and (b) Recycling Repairs and Maintenance, both for the period December 1, 2020 to December 31, 2022 with a further extension clause to be included that will allow for variable extension terms to cover the period January 1, 2023 – December 31, 2025 upon mutual agreement by both parties.

Now Therefore the Essex-Windsor Solid Waste Authority enacts as follows:

1. THAT subject to agreement by the Contractor, EWSWA hereby approves extension Agreementswith Windsor Disposal Services Ltd.

2. THAT the term of the Agreements be extended from November 30, 2020 to December 31, 2022with a further extension clause to be included that will allow for variable extension terms to coverthe period January 1, 2023 – December 31, 2025 upon mutual agreement by both parties andshall reflect the terms and conditions set out in the original tender documents;

THIS By-Law shall take effect upon the final passing thereof.


___________________________ EWSWA Board Vice Chair

___________________________ Ilija Maodus

General Manager

Read a First, Second and Third Time, Enacted and Passed this 4th Day of February, 2020.

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Being a By-law to Confirm the Proceedings of the Meeting of the Board of the Essex-Windsor Solid Waste Authority.

Whereas by Agreement dated 18 May 1994, made between the Corporation of the County of Essex and the Corporation of the City of Windsor, the Essex-Windsor Solid Waste Authority (The Authority) was created as a joint board of management pursuant to Sections 207.5 and 209.19 of the Municipal Act, RSO 1990, Chapter M.45 and;

Whereas Subsection 5.(3) of the Municipal Act, RSO 2001, Chapter 25, provides that the powers of a municipality shall be exercised by By-Law and;

Whereas Section 1 of the Municipal Act RSO 1990, Chapter M 46 defines a municipality as including a board, commission or other local authority exercising any power with respect to municipal affairs or purposes and;

Whereas it is deemed expedient that the proceedings of the Authority at this meeting be confirmed and adopted by By-Law

Now Therefore the members of the Authority enact as follows:

1) The action of the members of the Authority in respect to each recommendation contained in theReport/Reports of the Committees and each motion and resolution passed and other actiontaken by the members of the Authority at this meeting is hereby adopted and confirmed as if allsuch proceedings were expressly set out in this by-law.

2) The Chair and the proper officials of the Authority are hereby authorized and directed to do allthings necessary to give effect to the action of the members of the Authority referred to in thepreceding section hereof.

3) The Chair and the General Manager of the Authority are authorized and directed to execute alldocuments necessary in that behalf.


EWSWA Board Chair

Ilija Maodus General Manager

Read a First, Second and Third Time, Enacted and Passed This 4th Day of February 4, 2020.

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