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06 23 2010 Council AgendaTHE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, JUNE 23, 2010 TIME: 6:00 P.M. Page [ai[:3 Wel K11 21 -22 23 -25 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda 3. DISCLOSURE OF PECUNIARY INTEREST: 4. MINUTES OF COUNCIL: a) Minutes of Council meeting held on June 9, 2010. 5. MINUTES OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on June 16, 2010. b) Minutes of Committee of Adjustment meeting held on June 17, 2010. 6. RECOGNITION OF ACHIEVEMENTS: a) 7:00 p.m. Jane Blackstock, 2010 Senior of the Year. b) Correspondence dated June 2, 2010 from Pamela Musgrave, Regional Manager, Muscular Dystrophy Canada re: Recognition of Oro - Medonte Firefighters Association's Fundraising Efforts. c) Rick Yule, Completion of Requirements of "Managing People at Work ", Ontario Recreation Facilities Association Inc. d) Brendan Burke; and Phil Patchell, Completion of Requirements of "Ice Making and Painting Technologies ", Ontario Recreation Facilities Association Inc. 7. PUBLIC MEETINGS: a) 6:00 p.m. Proposed Amendment to the Zoning By -Law, Application No. 2010 - ZBA-04, Part Lot 2, Concession 4, 1161 Line 15 North (Orillia) Township of Oro - Medonte (Tsang). 8. DEPUTATIONS: None. 9. REPORTS OF MUNICIPAL OFFICERS: a) Report No. FI 2010 -11, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO re: Insurance Coverage Renewal [to be distributed at meeting]. Page 1 of 365 Page Council Meeting Agenda - June 23, 2010. 9. REPORTS OF MUNICIPAL OFFICERS: 26 -28 b) Report No. HR 2010 -4, Tamara Obee, Manager, Health & Safety, Employee Relations re: Holiday Shutdown. 29 -33 c) Report No. DS 2010 -29, Andria Leigh, Director of Development Services re: Deeming By -law Application, Joanne Eddy & Michael Coulton, 2262 and 2264 Lakeshore Road East, Lots 11 and 12, Plan 952, Concession 13 [Refer to Item 15b)]. 34 -36 d) Report No. TES 2010 -09, Jerry Ball, Director of Transportation and Environmental Services, re: Purchase of Two (2) Used 2007 Caterpillar 160H Replacement Graders. 37 -45 e) Report No. TES, 2010 -10, Jerry Ball, Director of Transportation and Environmental Services re: Streetlights on Georgina Drive [to be distributed at meeting]. 46 -48 fl Report No. TES 2010 -11, Jerry Ball, Director of Transportation and Environmental Services re: Emergency Vehicle Replacement [to be distributed at meeting]. g) Jerry Ball, Director of Transportation and Environmental Services re: Request to Reduce Speed Limit, Line 7 North from Rowanwood Road, North to County Road 22 (Horseshoe Valley Road). 49 -57 h) Report No. RC 2010 -13, Shawn Binns, Director of Recreation and Community Services, re: First Student Canada Subsidy Request. 58 -67 i) Report No. RC 2010 -14, Shawn Binns, Director of Recreation and Community Services, re: Oro Minor Hockey - Baseball Tournament Subsidy Request. 68 -70 j) Report No. RC 2010 -15, Shawn Binns, Director of Recreation and Community Services, re: H.A.A.C.A. Canada Day Parade - Request for Exemption to By- Law 2006 -38. 71 -109 k) Richard Playfair, Director of Fire & Emergency Services, re: Township of Oro - Medonte Emergency Management Plan. 110 -113 1) Robin Dunn, Chief Administrative Officer, correspondence dated June 7 and 14, 2010 re: Lake Simcoe Regional Airport Board of Director Appointments. 114 -117 m) Doug Irwin, Director of Corporate Services /Clerk, re: Draft By -Law No. 2010- 102, "A By -law to Regulate the Placement and Use of Election Signs within the Township of Oro - Medonte." 118 -122 n) Report No. DS 2010 -33, Andria Leigh, Director of Development Services re: Site Plan Agreement and Removal of Hold 2010 - SPA -15 (Melissa Elliott) West Part of Lot 26, Concession 9, Being Part 4, on Plan 51R-36216, 59 Springhome Road [Refer to Items 15q) and r)]. [Addenda] 123 -129 o) Report No. DS 2010 -34, Andria Leigh, Director of Development Services re: Site Plan Agreement 2009 - SPA -06 (1698165 Ontario Inc. OSSUM), 2976 Highway 11 (Formerly Oro Township), Township of Oro - Medonte [Refer to Item Page 2 of 365 Page Council Meeting Agenda - June 23, 2010. 9. REPORTS OF MUNICIPAL OFFICERS: 15s)]. [Addenda] 10. REPORTS OF MEMBERS OF COUNCIL: None. 11. CONSENT AGENDA: 130 -134 a) Minutes of Nottawasaga Valley Conservation Authority meeting held on May 14, 2010. Staff Recommendation: Receive. 135 -136 b) Minutes of Oro - Medonte Community Hall Association meeting held on May 31, 2010. Staff Recommendation: Receive. 12. COMMUNICATIONS: 137 -159 a) Correspondence package from Noah Kearey - Moreland re: Suncrash Charity Music Festival, Saturday, August 7, 2010. 13. NOTICE OF MOTIONS: None. 14. CLOSED SESSION ITEMS: a) Motion to go In Closed Session b) Motion to Rise and Report c) Mayor H.S. Hughes, re: Acquisition /disposition of land (Nurse Practitioner Clinic). d) Mayor H.S. Hughes re: aquisition /disposition of land (TRY Recycling (Barrie) Inc.). [Addenda] 15. BY -LAWS: 160 -181 a) By -Law No. 2010 -093 A By -law of The Corporation of the Township of Oro - Medonte to provide for the imposition of fees or charges (Fees and Charges By -law) And to Repeal By -law Nos. 2009 -056, 2009 -081 and 2009 -115. 182 -183 b) By -Law No. 2010 -101 184 -199 c) By -Law No. 2010 -103 A By -law to deem certain plans of subdivision or parts thereof not to be registered plans of subdivision within the meaning of the Planning Act R.S.O. 1990 c. P. 13, as amended. Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte Page 3 of 365 Page Council Meeting Agenda - June 23, 2010. 15. BY -LAWS: and K.J. Beamish Construction Co. Limited, for Hot Mix Paving for the North Yard (Tender TES2010- 01). 200 -215 d) By -Law No. 2010 -104 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Coco Paving Inc., for Hot Mix Paving for the South Yard (Tender TES2010 -01). 216 -231 e) By -Law No. 2010 -105 Being a By -Law to Authorize the Execution of an Agreement Between The Township of Oro - Medonte and Duncor Enterprises Inc., for Slurry Seal (Tender TES2010 -02). 232 -242 f) By -Law No. 2010 -106 Being a By -Law to Authorize the Execution of an Agreement Between The Township of Oro - Medonte and Da -Lee Dust Control, for "Dark Journal' Virgin Oil (Tender TES2010 -03). 243 -250 g ) By -Law No. 2010 -107 Being a By -Law to Authorize the Execution of an Agreement Between The Township of Oro - Medonte and Dalton R. Lowe and Sons Construction Ltd. for the Supply, Haul, Mix and Pile of Winter Sand (Tender TES2010 -04). 251 -265 h) By -Law No. 2010 -108 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Kevin Woodrow For Snow Plowing and Sanding Horseshoe Valley Area, Winter Seasons of 2010 -2011, 2011 -2012 and 2012 -2013 (Tender TES2010 -05). 266 -278 i) By -Law No. 2010 -109 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Kevin Woodrow For Snow Plowing and Sanding Sugarbush, Winter Seasons 2010 -2011, 2011 -2012 and 2012 -2013 (Tender TES2010 -06). 279 -285 j) By -Law No. 2010 -110 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Ron Burton & Sons For Roadside Grass Cutting for the Summer Seasons of 2010/2011/2012 (Tender TES2010 -07). 286 -299 k) By -Law No. 2010 -111 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Kevin Woodrow For Grass Cutting for Municipal Community Tile Beds for the Summer Seasons of 2010/2011/2012 (Tender TES2010- 07). Page 4 of 365 Page Council Meeting Agenda - June 23, 2010. 15. BY -LAWS: 300 -313 1) By -Law No. 2010 -112 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Kevin Woodrow For Grass Cutting for Water Pumphouse Facilities for the Summer Seasons of 2010/2011/2012 (TenderTES2010 -07). 314 -332 m) By -Law No. 2010 -113 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Alineutility Limited For Streetlight Maintenance for two (2) years from April 1, 2010 to March 31, 2012 (With Option to Extend for Three — 1 Year Additional Terms) (Tender TES2010 -08). 333 -334 n) By -Law No. 2010 -114 A By -Law Imposing Special Annual Drainage Rates Upon Land in Respect of Which Money is Borrowed Under the Tile Drainage Act. 335 -337 o) By -Law No. 2010 -115 A By -law to Establish a Compliance Audit Committee (CAC). 338 p) By -Law No. 2010 -116 Being a By -law to amend By -law No. 2010 -081 (A By -law to Provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/Technical Support Groups, and Expenses for Employees). 339 -350 q) By -Law No. 2010 -118 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Melissa Lenna Elliott described as lands as follows: West Part of Lot 26, Concession 9, Being Part 4, on Plan 51R-36216, Being all of PIN 74032 -0228 (LT), 59 Springhome Road East, Township of Oro - Medonte, Former Township of Oro PIN 74032 -0228 (LT) Roll# 4346- 010- 009 -68960 Township of Oro - Medonte, County of Simcoe. [Addenda] 351 -352 r) By -Law No. 2010 -119 Being a By -law to remove the Holding symbol applying to lands located at West Part of Lot 26, Concession 9, Being Part 4, on Plan 51R-36216, Being all of PIN 74032 -0228 (LT), 59 Springhome Road East (Elliott). [Addenda] 353 -364 s) By -Law No. 2010 -120 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 1698165 Ontario Inc. described as lands as follows: 2976 Highway Page 5 of 365 Page Council Meeting Agenda - June 23, 2010. 15. BY -LAWS: 11 Concession 7, Part of Lot 20, Plan 1145, Lots 6 to 8, as in R01382333 Township of Oro - Medonte (formerly Oro), County of Simcoe PIN 58546 -0042 (LT) Roll# 4346- 010 - 003 -31500 Township of Oro - Medonte, County of Simcoe. [Addenda] 16. CONFIRMATION BY -LAW: 365 a) By -Law No. 2010 -099 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, June 23, 2010. 17. ANNOUNCEMENTS OF INTEREST TO THE PUBLIC: 18. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 19. ADJOURNMENT: a) Motion to Adjourn Page 6 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT `lowshl" 0 MEETING MINUTES Council Chambers Thursday, June 17, 2010 TIME: 9:31 a.m. Present: Bruce Chappell, Chair Lynda Aiken Roy Hastings Michelle Lynch Garry Potter Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator Janette Teeter, Deputy Clerk 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to Adopt the Agenda Motion No. CAI 00617-1 Moved by Lynch, Seconded by Hastings It is recommended that the Committee of Adjustment agenda for Thursday, June 17, 2010 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST None declared. Page 1 of 12 Page 7 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes — Thursday, June 17, 2010 4. ADOPTION OF MINUTES a) Motion to Adopt Minutes of the Committee of Adjustment meeting held on Thursday, May 20, 2010. Motion No. CA100617 -2 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, May 20, 2010 be adopted as printed and circulated. Carried. 5. PUBLIC MEETINGS: a) 2010-A-14- Michael and Kelly Brown 2299 Lakeshore Road East, Lot 81, Plan 952 (Former Township of Oro) Relief from interior side yard setback. Michael Brown, applicant, was present. Motion No. CA100617 -3 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -14, which proposes to demolish a portion of the existing dwelling and reconstruct that portion of the dwelling 1.5 metres from the interior side yard setback. Subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by: 1) pinning the footing, and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the distance from the portion of the dwelling proposed to be reconstructed be located no closer than approximately 1.5 metres from the interior side lot line to the east. 3. That a permit be obtained from the Lake Simcoe Region Conservation Authority under Ontario Regulation 179/06 prior to the issuance of a municipal building permit. 4. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Page 2 of 12 Page 8 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes — Thursday, June 17, 2010 Carried. b) 2010 -13-07 - Ridgoro Farms Ltd 280 Ridge Road East, Concession 8, Part of Lot 23 and 24 (Former Township of Oro) Technical severance to create a lot which once existed as a separate parcel of land. Shirley Partridge, agent, was present. Motion No. CA100617 -4 Moved by Hastings, Seconded by Aiken It is recommended that at the request of the applicant of Consent Application 2010 -6- 07, the Committee of Adjustment defers hearing of the application in order to allow further discussions with staff in regards to the submission of a revised application by the applicant. Carried. c) 2010 -B -09 - Brian Robert Strachan 1247 Line 8 North, Concession 9, Lot 13 (Former Township of Oro) Technical severance to create a lot which once existed as a separate parcel of land. Brian Strachan, applicant, and Shirley Partridge, agent, were present. Motion No. CA100617 -5 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010 -B -09, being a technical severance to recreate a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Line 8 North of approximately 279 metres (917 feet), with a lot depth of approximately 757 metres (2460 feet) and a lot area of approximately 21 hectares (52 acres). The lands to be retained would have a lot area of approximately 22 hectares (54 acres). Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and submitted to the Secretary- Treasurer. 2. That the applicant's solicitor prepares and submits a copy of the proposed conveyance for the parcel severed, for review by the Municipality. Furthermore, the legal description and the parcel description of the recreated parcels be identical to that contained in the original deed and must be so designated on a Reference Plan to be provided by the Applicant. 3. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Page 3 of 12 Page 9 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes — Thursday, June 17, 2010 Carried. d) 2010 -A -16 -Bruce and Manon Leibold 42 Lauder Road, Plan M723, Lot 17 (Former Township of Oro) Relief from maximum floor area. Bruce Leibold, applicant, was present. Motion No. CA100617 -6 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -16, being for the construction of a detached accessory building, which is proposed to have a floor area of approximately 72.5 square metres. Subject to the following conditions: 1. That notwithstanding Section 5.1.6 of Zoning By -law 97 -95, the structure shall otherwise comply with all other provisions for detached accessory buildings, as required under Section 5 of the Zoning By -law. 2. That the floor area of the detached garage not exceeds approximately 72.5 square metres. 3. That the setbacks be in conformity with the dimensions as set out in the application and on the drawings submitted with the application and approved by the Committee. 4. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 4 of 12 Page 10 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes —Thursday, June 17, 2010 e) 2010 -A -17 -William and Carolyn Smith 9 Trillium Trail, Plan 51 M -324 Lot 24 (Former Township of Oro) Relief from rural residential one exception 10 (RUR1 *10) zone. Carolyn Smith and Paul Frank, applicants, were present. Motion No. CA100617 -7 Moved by Lynch, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -17, being for the construction of an addition (garage) onto the side of the existing dwelling, which is proposed to be 3.9 metres from the north interior lot line. Subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report so that: a) the addition be located no closer than approximately 3.9 metres from the north interior lot line. 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 3. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5 of 12 Page 11 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes — Thursday, June 17, 2010 f) 2010 -A -19 -Harry and Shirley Evans 27 Greenwood Forest Road, Plan 709, Lot 30 (Former Township of Oro) Relief from shoreline residential (SR) zone. Harry Evans, applicant, and Carlos Salabar, agent, were present. Motion No. CA100617 -8 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -19, being for the construction of an addition (garage) onto the front of the existing dwelling, which is proposed to be 2.4 metres from the west interior lot line, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report so that the attached garage be located no closer than approximately 2.4 metres from the side lot line. 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. That the applicant obtains any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority. 4. And That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. Carried. Page 6 of 12 Page 12 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes — Thursday, June 17, 2010 g) 2010 -A -20 - Eggert Boehlau 2251 Ridge Road, Part of Lots 1 and 2, Range 2 (Former Township of Oro) Relief from residential limited service (RLS) zone. Colin Kingsland, agent, was present on behalf of the application. The Committee noted correspondence received from Mary Jane Sarjeant and Ron McClean, Tim Crooks and the Lake Simcoe Conservation Authority. Tim Crooks commented that the Lake Simcoe Protection Plan was enacted and that it overruled the Township's By -laws and Official Plan. Mary Jane Sarjeant and Sue Benjafield opposed the proposal of habitation in an outbuilding. Motion No. CA100617 -9 (Amendment) Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment removes condition 8. from the pending motion, being: "That the proposed dwelling be setback 27 metres from the average high water mark of Lake Simcoe". Carried. Page 7 of 12 Page 13 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes —Thursday, June 17, 2010 Motion No. CAI 00617-10 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -20, being specifically to have the minimum required setback from a water course reduced from 30 metres (98.4 feet) to 8.0 metres (26.25 feet), for a single detached dwelling and a detached accessory building. Subject to the following conditions: 1. That the setbacks for be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by: 1) pinning the footings, and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the distances from the single detached dwelling and the detached accessory building as set out on the application and sketches submitted be no closer than approximately 8.0 metres from the top of bank of the water course along the interior side lot line to the west of the subject property. 3. That the applicant obtains any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority. 4. And that the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. 5. That no human habitation be permitted in the accessory building. 6. That the height of the accessory building not exceeds 4.5 metres. 7. That the floor area of the accessory building not exceeds 70 square metres. Carried As Amended. Page 8 of 12 Page 14 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes —Thursday, June 17, 2010 h) 2010 -A -22 -John and Winifred Hewetson 4862 Line 11 North, East Part of Lot 11, Concession 11, 51R- 13066, Part 2 (Former Township of Medonte) Relief from setback to environmental protection (EP) zone. Allan French, agent, was present. Motion No. CA100617 -11 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -22, to recognize an existing dwelling which is located within the Environmental Protection (EP) Zone with the required setback reduced from 30 metres to 0 metres, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. Carried. i) 2010 -13-18 -James Partridge Concession 5, Lot 16 (Former Township of Oro) Technical severance to create a lot which once existed as a separate parcel of land No one was present on behalf of the applicant. Motion No. CAI 00617-12 Moved by Aiken, Seconded by Hastings It is recommended that at the request of the applicant of Consent Application 2010 -6- 18, the Committee of Adjustment defers hearing the application in order to allow further discussions with staff in regards to the submission of a revised application by the applicant. Carried. Page 9 of 12 Page 15 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes —Thursday, June 17, 2010 j) 2010-B-19- Bernice McHugh 3870 Line 13 North, Part of Lot 4, Concession 13 (Former Township of Medonte) Boundary adjustment. William Holdsworth, agent, was present. Motion No. CA100617 -13 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010 -B -19, being to permit a boundary adjustment. The subject land being 3870 Line 13 North, to convey land having an area of approximately 0.69 hectares (1.7 acres) to be added to the adjacent land to the south being 3818 Line 13 North. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with CON 13 E PT LOT 4 EXCEPT RP;51 R28074 PART 1 and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 10 of 12 Page 16 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes — Thursday, June 17, 2010 k) 2010 -B -20 -Indian Park Association Cayuga Court, Part of Block A, Plan M -30 Lot addition /boundary adjustment. Michelle Lawson, agent, was present. Motion No. CAI 00617-14 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010 -13-20 being to permit a lot addition /boundary adjustment. The subject land to be conveyed is Part of Block A, Plan M -30, having a depth of approximately 55 metres (180 feet) and an area of approximately 0.09 hectares (0.22 acres). The subject lands are proposed to be added to the adjacent lands to the east being 15 Cayuga Court. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer. 2. That the severed lands merged in title with 15 Cayuga Court and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands. 3. That the applicant's solicitor prepares and submits a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 4. That the applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 6. And That the applicant submits a copy of the easement/restrictive covenant for review. Carried. Page 11 of 12 Page 17 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, ... Committee of Adjustment Minutes — Thursday, June 17, 2010 6. NEW BUSINESS: Steven Farquharson informed the Township had received notice that Application 2010- 6-14 was being appealed to the Ontario Municipal Board. 7. NEXT MEETING DATE Thursday, July 15, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn Motion No. CA100617 -15 Moved by Hastings, Seconded by Potter It is recommended that we do now adjourn at 12:46 p.m. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 12 of 12 Page 18 of 365 6b) - Correspondence dated June 2, 2010 from Pamela Musgrave, Regi... ***Muscular DystrophyCanada let's make muscles move June 2, 2010 Mayor Harry S. Hughes Township of Oro - Medonte P.O. Box 100 148 Line 7 South Oro, ON LOL 2X0 Your worship Mayor Hughes, " U t i JUN 0 7 2010 1 It is with great pleasure that I acknowledge the exceptional efforts of the Oro- Medonte Firefighters Association who raised $9,000 for Muscular Dystrophy Canada through their fundraising efforts between April 1S 2009 — March 31 2010. Since 1982, they have been supporting people affected and to date have raised a total of $109,817. 613.232.7334 T 1.866.337.3365 613,567.2288 F www.muscle.ca W More than 600 Departments/ Associations across Canada worked in partnership with Muscular Dystrophy Canada last year raising more that $2.5 million. I am proud to inform you that the efforts of hundreds of Fire Fighters from more than 280 Ontario Departments / Associations raised over $1,093,000. With these generous funds Muscular Dystrophy Canada was able to provide Canadian families with more than $2 million worth of equipment including wheelchairs, walkers, and scooters. We also helped fund over $4 million dollars of cutting edge neuromuscular research. Canadian Fire Fighters have stood side by side with Muscular Dystrophy Canada for over 50 years. They offer their support, encouragement and time to Canadians affected with muscular dystrophy. Fire Fighters are the cornerstone of our fundraising activities through Boot Drives, community programs and special events. We admire the ongoing passion and commitment of the members of the Oro - Medonte Firefighters Association for all they do in your community and for those affected with muscular dystrophy. We are proud to have them on our fundraising team. Muscular Dystrophy Canada would like to extend thanks to your local Fire Fighters, your community, and leaders such as yourself, who support these incredible heroes. Sincerely, "?" wse� Pamela Musgrave Regional Manager cc: Muscular Dystrophy Canada Chairperson - Brian Ambeau Fire Chief - Richard Playfair A SPECIAL THANKS TO FIRE FIGHTERS AND CHAPTER VOLUNTEERS FOR THEIR OUTSTANDING WORK IN MOVING MUSCLES FOR MORE THAN 50 YEARS. Taxation Charity Registration Number 1 10775 5837 RR0001 Ontario & Nunavut Region Ottawa Community Office 150 Isabella Street Suite 215 Ottawa, Ontario K1S 1V7 Page 19 of 365 6c) - Rick Yule, Completion of Requirements of "Managing People at V O Qj E o a v w W � u O � � 0 m � y � •� Oti C� O O m N tl U I Oz O P= c t O U ?"° e U " g :a LLJ U) a C C/) o Q b LL Q ¢ a i z O D O i LL i Page 20 of 365 6d) - Brendan Burke; and Phil Patchell, Completion of Require... b of v C.p V O O Al O qu qu c H or h w . N y W I� N tt w U z z O z QO W Q 2 2 . r y 1 W O tiCc moe $ a � < W $ e Page 21 of 365 6d) - Brendan Burke; and Phil Patchell, Completion of Require... v y o v w � v O 4-n g N -1 �' o ts yycr�� y id p o rte•. . H �' I M '•� ^C 0 y N �y � v ts Cd � h o y • Ca y �' 00 ta U z � I O 0 ' 1 d Q f-=. C Q rA s y I , U U , za,r W O b'. v_ .} i t b e `; ■ 1 F" C/) ¢ a m a a L J W R 3 _ . i C R ta J a � i O Page 22 of 365 9a) - Report No. Fl 2010 -11, Paul Gravelle, Director of Finance /Tr... 7'ownsI - of REPORTC/� /�G�!i Proud Heritage, Exciting Future Report No. F12010 -11 To: Council Prepared By: Paul Gravelle Meeting Date: June 23, 2010 Subject: Renewal of Insurance Coverage Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action ❑X For Information Only It is recommended that: 1. Report No. F12010 -11 be received and adopted. 2. The Township of Oro - Medonte renews its insurance coverage for the period of July 1, 2010 to July 1, 2011 with Frank Cowan & Company at the quoted premium of $337,858 including PST. BACKGROUND: The municipality's present coverage expires on July 1 2010. Our present insurers, Frank Cowan Company Limited, have provided the municipality with a renewal proposal. ANALYSIS: All coverage and deductible levels remain constant with our current coverage. The proposed premiums including PST are $337,858. 2009 premiums including PST were $237,655. The proposed premiums therefore represent a 42.2% increase from 2009 premiums. Please note that premium changes in prior years were as follows: 2009 9.5% increase 2008 3.0% decrease 2007 4.5% decrease Finance June 23, 2010 Report No.F12010 -11 Page 1 of 3 Page 23 of 365 9a) - Report No. Fl 2010 -11, Paul Gravelle, Director of Finance /Tr... Please note that the 2010 budget reflects total insurance premiums of $255,662. As such, the proposed premiums would result in an over expenditure of $82,196. The reason provided from Frank Cowan & Company for the premium increase is: "The Public Entity sector continues to experience significant losses. Some of these dosses have been driven by landmark cases, but overall, frequency and severity of claims have increased dramatically. As well, the overall cost of claims, which takes into account escalating court awards, claims administration expenses and the ever - increasing replacement costs of assets, has continued to rise. Insurers are extremely cautious about public entity liability exposures due in part to the complexity of services provided by public sector organizations. A number of insurers have either imposed coverage restrictions or withdrawn from the public entity market entirely." Proposals were last requested in 2004. Quotes received from other insurers at that time were significantly higher than Cowan's. Premium increases incurred since then have been relative to marketplace conditions. FINANCIAL: As detailed in analysis POLICIES /LEGISLATION: None CONSULTATIONS: Proposal reviewed with local broker, Wayne Dusome of Dusome Financial ATTACHMENTS: None CONCLUSION: We respectfully recommend renewing our insurance coverage with Frank Cowan & Company for the period of July 1, 2010 to July 1, 2011. Finance June 23, 2010 Report No.F12010 -11 Page 2 of 3 Page 24 of 365 9a) - Report No. Fl 2010 -11, Paul Gravelle, Director of Finance /Tr... Respectfully submitted: I &--Yl- -91-� Paul Gravelle Director of Finance/Treasurer 1 � �� Finance June 23, 2010 Report No.F12010 =11 Page 3 of 3 Page 25 of 365 9b) - Report No. HR 2010 -4, Tamara Obee, Manager, Health & Saf... To ha of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: HR 2010 -004 Council Tamara Obee, Manager Health & Safety, Emplo ee Relations Meeting Date: Subject: Motion # June 23, 2010 Holiday Shutdown Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report HR 2010 -004 be received and adopted. 2. That the Township Administration Centre and Oro - Medonte Fire Headquarters be closed from 4:30 p.m. December 23` 2010 to 8:30 a.m. Tuesday, January 4 2011. 3. And that Staff and the Public be notified accordingly. BACKGROUND: In previous years, Council has approved closing the Municipal Office and Fire Headquarters between Christmas and New Year's Day. ANALYSIS: The Collective Agreement, Article 18 subsection 18.01 states "the Corporation recognizes the following as paid holidays for permanent employees: 1 /2 day before Christmas Day, Christmas Day, Boxing Day, 1 /2 day before New Year's Day and New Year's Day." This Year Christmas Day falls on a Saturday and Boxing Day falls on a Sunday. Employees would be required to draw three days from their 2010 holidays to provide for the office closing for the shut down period ('/2 day December 24 December 29 December 30 1h , 1 /2 day December 31 Monday December 27 will be the substitute stat day in observance of Christmas Day and Tuesday, December 28 will the substitute stat day in observance of Boxing Day. Employees with less than the required number of days in their vacation bank for 2010 would have the option of drawing on their 2011 entitlement or taking the time off without pay. HUMAN RESOURCES June 23, 2010 Report No. 2010 -004 Page 1 of 2 Page 26 of 365 9b) - Report No. HR 2010 -4, Tamara Obee, Manager, Health & Saf... The Public Works crews would be on call in the event of inclement weather. The Oro - Medonte Community Arena would be open during the shutdown with the exception of Christmas Eve, Christmas Day, New Year's Eve and New Year's Day. Attached for Council's consideration is a calendar for the months of December 2010 and January 2011, outlining the dates being recommended for Holiday Shutdown. It is recommended that Council give favourable consideration to the Holiday Shutdown FINANCIAL: Not applicable. - POLICIES /LEGISLATION: Collective Agreement CONSULTATIONS: Chief Administrative Officer Senior Management Team ATTACHMENTS: December 2010 and January 2011 calendars. CONCLUSION: It has been the Township's past practices to give employees the opportunity to spend time with their family and loved ones during the holiday season. In keeping with past practice, it is recommended that Council give favourable consideration to the closure of the Township Administration Centre and Oro - Medonte Fire Headquarters from 4:30 p.m. December 23` 2009 to 8:30 a.m. Tuesday, January 4' 2010. Res Ily submitted: T mara bee, CH RP anager Health a Safety, Employee Relations SMT Approval / Comments: C.A.O. Approval / Comments: HUMAN RESOURCES June 23, 2010 Report No. 2010 -004 Page 2 of 2 Page 27 of 365 9b) - Report No. HR 2010 -4, Tamara Obee, Manager, Health & Saf... F MM Mon Tue Wed Thu Fri Sat 1 2 3 4 4 Office re -opens 8:30 am 5 5 6 7 8 9 10 11 13 14 12 13 14 15 16 17 18 22 23 19 20 21 22 23 Office closes @ 4:30 pm 24 V. day slat i/z day vacation 25 31 26 27 Christmas Day 1 day slat 28 Boxing Day 1 day slat 29 1 day vacation required 30 1 day vacation required 31 %z day slat 1 /2 day vacation IMP Mo Sun n Tue Wed Thu Fri Sat Page 28 of 365 1 New Years Day 2 3 New Years Day 1 day stat 4 Office re -opens 8:30 am 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page 28 of 365 1 New Years Day 2 3 New Years Day 1 day stat 4 Office re -opens 8:30 am 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page 28 of 365 9c) - Report No. DS 2010 -29, Andria Leigh, Director of Development... Township of REPORT .Proud Heritage, Exciting Future Report No. To: Prepared By: DS 2010 -029 Council Andria Leigh, Director of Development Services Meeting Date: Subject: Deeming By -law Motion # June 23, 2010 Application, Joanne Eddy & Michael Coulton, 2262 and 2264 Lakeshore Road East, Lots 11 and 12, Plan 952, Concession 13 Roll #: 4346 -010- 012 -05800 & 4346- 010 -012 -05900 R.M.S. File #: F RE COMMENDATION(S): Requires Action XD For Information Only It is recommended that: 1. Report No. DS 2010 -029 be received and adopted; and 2. That the appropriate Deeming By -law by brought forward for Lots 11 and 12, Plan 952, Concession 13 for Council's consideration. BACKGROUND: Joanne Eddy and Michael Coulton own two lots on the north side of Lakeshore Road East, east of Line 12 South. They currently have a 90 square metre (969 sq.ft) dwelling which they are intending to replace with a larger dwelling designed to be located over both parcels. The submitted application is necessary to "deem" the two parcels under the Planning Act not to be a registered plan of subdivision so they will merge on title and become one lot. ANALYSIS: The process in which to merge the two lots is through a Deeming By -law. The Township's assessment records for the subject properties show two property roll numbers and the registered property owners for both parcels being identified as those noted above. It is noted that the only way to separate the two parcels in the future is through a consent application which is considered by the Committee of Adjustment. FINANCIAL: N/A DEVELOPMENT SERVCES DEPARTMENT June 23, 2010 Report No. DS2010 -029 Page 1 of 5 Page 29 of 365 9c) - Report No. DS 2010 -29, Andria Leigh, Director of Development... POLICIES/LEGISLATION: The subject lands area designated "Shoreline" by the Township's Official Plan. The resulting residential development on the merged lots is permitted by the Official Plan. The properties are zoned Shoreline Residential (SR) zone by Zoning By -law 97 -95, as amended. The Shoreline Residential (SR) Zone requires a lot frontage of 30 metres and a minimum lot area of 0.2 hectares. The Township's assessment information indicates both Lot 11 and 12 only have 18.3 metres of lot frontage and 0.011 hectares of lot area and would therefore not currently satisfy the minimum by -law requirements for lot frontage or lot area. Once the parcels are merged they will continue not to comply with the minimum zone provisions; however they were created prior to the establishment of the zone provisions and will continue to be non - complying lots which can be developed provided they satisfy the balance of the zone provisions associated with setbacks. In accordance with the Planning Act, no public meeting is required prior to the consideration of a deeming by -law. Notice of the passage of the deeming by -law is required to be provided to the landowner CONSULTATIONS: Planning Act ATTACHMENTS: 1 - Location Map 2 -Draft By -law CONCLUSION: It is recommended that Council give favorable consideration to the deeming of the two lots through the attached Deeming By -law. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVCES DEPARTMENT June 23, 2010 Report No. DS2010 -029 Page 2 of 5 Page 30 of 365 9c) - Report No. DS 2010 -29, Andria Leigh, Director of Development... DEVELOPMENT SERVCES DEPARTMENT June 23, 2010 Report No. DS2010 -029 Page 3 of 5 Page 31 of 365 Attachment 1 - Location Map 9c) - Report No. DS 2010 -29, Andria Leigh, Director of Development... Attachment 2 — Draft Deeming By -law THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -101 A By -law to deem certain plans of subdivision or parts thereof not to be registered plans of subdivision within the meaning of the Planning Act R.S.O. 1990 c. P. 13, as amended. WHEREAS it is considered desirable in order to control adequately the development of certain areas within the Township of Oro - Medonte, that certain existing Plans of Subdivision be deemed not to be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act RS.O. 1990 c. P.13, as amended. AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte has the authority pursuant to Section 50(4) of the Planning Act, R.S.O. 1990 c.P.13, as amended, may by by -law designate any Plan of Subdivision or part thereof, to not be registered Plans of Subdivision for the purposes of Section 50(3) of the said Planning Act R.S.O. 1990 c. P.13, as amended. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto pursuant to Section 50(4) of the Planning Act RS.O. 1990 c.P. 13, as amended, are hereby deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act RS.O. 1990 c.P. 13, as amended. 2. That Schedule "A" attached hereto forms part of this by -law. 3. This By -law shall come into force and effect subject to the provisions of Section 50(26), (28), and (29) of the Planning Act, R.S.O. 1990, c.P.13 as amended. 4. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23RD DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin DEVELOPMENT SERVCES DEPARTMENT June 23, 2010 Report No. DS2010 -029 Page 4 of 5 Page 32 of 365 9c) - Report No. DS 2010 -29, Andria Leigh, Director of Development... Schedule "A" to By-law No. 2010 -101 for The Corporation of the Township of Oro - Medonte The following Registered Plan is situated in the Township of Oro - Medonte in the County of Simcoe: DEVELOPMENT SERVCES DEPARTMENT June 23, 2010 Report No. DS2010 -029 Page 5 of 5 Page 33 of 365 9d) - Report No. TES 2010 -09, Jerry Ball, Director of Transportati... T REPORT (W GZ &f&"te� Proud Heritage, Exciting Future Report No. To: COUNCIL Prepared By: TES2010 -09 Jerry Ball Meeting Date: Subject: Motion # June 23, 2010 Purchase of Two (2) Used 2007 Caterpillar 160H Replacement Roll #: R.M.S. File #: Graders L14 -14601 v-002 RECOMMENDATION(S): Requires Action XO For Information Only It is recommended that: 1. THAT Report No. TES2010 -09 be received and adopted. 2. THAT Transportation Services purchases two (2) used 2007 Caterpillar 160H graders from Toromont Orillia for the purchase price of $418,575.00. 3. THAT both graders be financed through Caterpillar Finance at the rate of 4.9 % with monthly financing payments to be funded from Vehicle Replacement Reserve. 4. THAT the provisions of the Purchasing and Tendering By -Law be waived to proceed with the purchase of two (2) used 2007 160H Caterpillar graders. 5. AND THAT the Director of Transportation and Environmental Services notify Toromont Caterpillar of Council's decision. I BACKGROUND: I In 2005, Transportation Services leased two (2) new Caterpillar 160H graders for a five (5) year lease, which will terminate in December, 2010. During this lease, snow plow harness, including front harness and snow wing, were purchased by the municipality for each grader at a cost of $43,000.00 per machine. The monthly lease cost for each grader is $3,119.00 per month, with a remaining lease cost for both graders totaling $37,428.00 to December, 2010. As outlined in the 2010 budget, a new Tandem plow /sand truck was purchased to replace the 1995 140H Caterpillar grader. This grader was recently sold by Toromont Caterpillar on the open market for a net cost of $50,400.00. The existing number of graders within the Transportation Services fleet now totals two . units, one in each works yard. Transportation and Environmental Services June 23, 2010 Report No. TES2010 -09 Page 1 of 3 Page 34 of 365 9d) - Report No. TES 2010 -09, Jerry Ball, Director of Transportati... ANALYSIS: As Transportation Services continues with the paving program, the need for graders has been reduced significantly, as the need to grade and maintain gravel roads is a very small portion of the Operating Budget. Graders will now be utilized for winter maintenance, shoulder and washout repairs, and construction projects. The hours of use for each machine has been reduced to approximately 800 hours per year, compared to 1,200 to 1,500 yearly hours of use in previous years. As the need for grader operation has been reduced, consideration has been given to purchase new machines verses a lease contract. In brief discussions with Toromont Caterpillar, a tendered cost of $285,000.00 would be required to purchase a new 2010 160H Caterpillar grader. Toromont also indicated that the City of Ottawa had leased a number of Caterpillar graders for snow removal and all of these graders were being returned off lease. In this fleet of graders, there were two 2007 160H graders with 1,600 and 1,150 hours of operating time. These graders were inspected and were found to be very clean with excellent tires and no noticeable wear on any bearings or bushings. Toromont has indicated that both machines will be painted to remove any rust from the tandems and moldboard areas. Toromont has provided to the municipality, a purchase price of $185,000.00, plus taxes, for each machine. If these graders were purchased, the existing plow harness and snow wings that were purchased in 2005 can be mounted on the graders with no fabrication needed. The municipality would realize a $200,000.00 savings by purchasing the two used 2007 160H graders over purchasing two new units. However, as the Township cannot be excused from the present lease contract, which must be paid until December, 2010 at a total cost of $37,428.00, the proposed savings will be reduced to $162,572.00. Caterpillar Finance presently has a spring finance rate of 4.9% for these graders, which will end on June 30, 2010. FINANCIAL: The monthly financing payment for each grader be funded from the Vehicle Replacement Reserve. POLICIES /LEGISLATION: Purchasing and Tendering By- Law CONSULTATIONS: Chief Administrative Officer Director of Finance Transportation and Environmental Services June 23, 2010 Report No. TES2010 -09 Page 2 of 3 Page 35 of 365 9d) - Report No. TES 2010 -09, Jerry Ball, Director of Transportati... ATTACHMENTS: N/A LINKAGE TO COUNCIL STRATEGIC PRIORITIES: The recommendations included in this Staff Report support the following Township Council's Strategic Priorities: ❑ Service Excellence — Promotion of a welcoming, courteous and professional culture of service excellence. Sustainability — Oro - Medonte strives to build a sustainable community — with regard for future generations. CONCLUSION: It is recommended that the provisions of the Purchasing and Tendering By -Law be waived to proceed with the purchase of two (2) used 2007 Caterpillar 160H graders. Respectfully submitted: dLm�- QQ Jerry Ball Director of Transportation and Environmental Services SMT Approval / Comments: I C.A.O. Approval / Comments: 29 Transportation and Environmental Services Report No. TES2010 -09 June 23, 2010 Page 3 of 3 Page 36 of 365 9e) - Report No. TES, 2010 -10, Jerry Ball, Director of Transportat FRIF ' Soffi ++�� Proud Heritage, Exciting Future Report No. TES2010 -10 To: Council Prepared By: L. McNiven Meeting Date: June 23, 2010 Subject: Streetlights on Georgina Drive Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Actions X I For Information Only" I It is recommended that: 1. THAT Report No. TES2010 -10 be received and adopted; 2. THAT the three (3) existing streetlights on Georgina Drive be removed; 3. THAT the cost for removal of these existing streetlights on Georgina Drive be funded through general taxes; 4. AND THAT the residents of Georgina Drive be notified of Council's decision. BACKGROUND: The Township currently contains 36 areas that are assessed a flat rate charge for streetlights. The rates vary from area to area and range from $25.00 to $200.00 per year. Each area's rate is determined based on the average yearly maintenance costs and electrical costs. Georgina Drive currently has three (3) streetlights. Four of the residents on Georgina Drive have been deemed to benefit from the existing streetlights and are paying for the maintenance and operation of the streetlights. The annual rate for streetlights on Georgina Drive is $200.00 and there are no reserve funds in place at this time. The streetlights are located on private property. The location of the original road allowance on Georgina Drive was moved in the 1990's from its original location to the abandoned railway line right -of -way. Although the road was moved, the streetlights and hydro utilities were not. Both the streetlights and hydro lines are now located on private property and no easements were obtained when the right -of -way location was changed. One of the streetlights has been out of service since December, 2009 when it was determined by the Township streetlight contractor that the lights were beyond repair and in need of replacement. Transportation and Environmental Services June 23, 2010 Report No. TES2010 -10 Page 1 of 3 Page 37 of 365 9e) - Report No. TES, 2010 -10, Jerry Ball, Director of Transportat... Staff met with Hydro One and the Township streetlight contractor and determined that the hydro services for several of the homes on Georgina Drive run through the streetlight poles into the houses. Hydro One also advised staff that costs for hydro services to any new streetlight locations would have to be paid for by the Township as there are no existing hydro utilities on the current right -of -way. The Township Streetlight Policy is attached for reference. The policy does not specifically reference the type of situation that is occurring on Georgina Drive. In an effort to be open and transparent, staff have contacted all the homeowners on Georgina Drive to provide an opportunity for input into the proposed solution to streetlight location, number and type of lights. ANALYSIS: Letters were sent out to the ten (10) homeowners on Georgina Drive, with the proposed options as follows: Option 1 — Remove all three (3) streetlights and do not replace. Total Cost - $2,900.00, plus tax Option 2 — Remove old streetlights and only install one (1) new streetlight near the community mailboxes. The new streetlight would be a decorative streetlight. Total Cost - $9,400.00, plus tax Option 3 — Remove old streetlights and only install one (1) new streetlight near the community mailboxes. The new streetlight would be a standard streetlight. Total Cost - $7,600.00, plus tax Option 4 — Remove old streetlights and replace with two (2) standard streetlights. One is to be located at the community mailboxes and the other on the existing hydro pole between #1 and #5 Georgina Drive. Total Cost - $8,450.00, plus tax The letter to the residents stated that the option with the majority of votes by the benefiting landowners would be the option taken to Council for approval. Eight (8) of the ten (10) residents returned responses with a preferred option: ✓ Four (4) residents picked Option 1 — to remove the existing streetlights and not replace them; ✓ Two (2) homeowners preferred Option 2; and ✓ Two (2) residents preferred Option 4. Transportation and Environmental Services June 23, 2010 Report No. TES2010 -10 Page 2 of 3 Page 38 of 365 9e) - Report No. TES, 2010 -10, Jerry Ball, Director of Transportat... FINANCIAL: As of December 31, 2009, the Georgina Drive streetlight account had a deficit balance of $93.35. Since the streetlights existed at the time that the right -of -way was moved and due to the fact that no reserve money exists for streetlights at this location, staff is recommending that the costs involved in removing the streetlights and burying the hydro services to the affected homes, be funded through general tax revenues. CONSULTATIONS: Aline Utilities Hydro One Residents of Georgina Drive Rostance Electric Limited ATTACHMENTS: Township Streetlight Policy Letter to residents of Georgina Drive dated June 3, 2010 CONCLUSION: Staff recommends that the existing streetlights on Georgina Drive be removed, that the cost for removal be funded from the general tax base, and that the residents of Georgina Drive be notified of Council's decision. Respectfully submitted: � Jerry Ba Director of Transportation and Environmental Services SMT Approval / Comments: I C.A.O. Approval / Comments: Transportation and Environmental Services June 23, 2010 Report No. TES2010 -10 Page 3 of 3 Page 39 of 365 9e) - Report No. TES, 2010 -10, Jerry Ball, Director of Transportat... POLICY FOR STREETLIGHT CHARGES AND INSTALLATION OF NEW STREETLIGHTS WITHIN THE TOWNSHIP OF ORO- MEDONTE 1. THAT all lots within a Plan of Subdivision serviced with streetlights be charged a special area rate, as per Section 210.59 of the Municipal Act, for the operation and maintenance of the streetlights, as approved by Council; 2. THAT installation of streetlights to illuminate intersections of roads or walkways that connect to a Class I, II or III roadway, as per Ministry of Transportation Classification of Highways (FIG. I), should be considered as a benefit to the general public. Both Capital and Operating Costs shall be placed on the General Tax Levy, as approved by Council; 3. THAT a request for new or additional streetlighting be presented to Council, in writing, for consideration; 4. THAT if additional lighting is requested within an existing area serviced with streetlighting, and deemed necessary by the Manager of Public Works and approved by Council, new streetlights or light would be installed and paid for from the Systems Reserve Fund. The maximum allowable spacing of streetlights shall be as per Township Standard 6.4 - Streetlighting — Township of Oro - Medonte Engineering Standards and Drawings - By -Law No. 95 -104; 5. THAT a request received by Council, in writing, for streetlighting in an area not presently serviced by streetlighting, Council gives consideration as follows: (A)(i) THAT requests on an arterial road with intersecting roads to residential or industrial development will be considered a benefit to all persons on the arterial road and persons on intersecting roads within the developed area (FIG. 11); and (ii) THAT all persons within the area will be notified, in writing, stating all proposed Capital and Operating Costs that will be charged to each lot owner, along with notification of date and time for Council deliberation. (B)(i) THAT requests on an individual street with no intersecting roads to residential or industrial development will be considered a benefit to only the persons on the individual street (FIG. III); and (ii) THAT all persons on the street will be notified, in writing, stating all proposed Capital and Operating Costs that will be charged to each lot owner, along with notification of date and time for Council deliberation. 11 Page 40 of 365 9e) - Report No. TES, 2010 -10, Jerry Ball, Director of Transportat... / TABLE / t CLASSIFICATION OF HIGHWAYS Average Annual Daily Posted or Statutory Speed Limit (kilometres per hour) Traffic (number of motor vehicles) 100 90 80 70 60 50 40 20,000 or more 1 1 1 2 2 2 2 15,000 - 19,999 1 1 I 2 2 2 2 12,000 - 14,999 1 1 1 2 2 3 3 10,000 1 1,999 1 1 2 2 3 3 3 8,000 - 9,999 1 1 2 3 3 3 3 6,000 - 7,999 1 2 2 3 3 3 3 5,000 - 5,999 1 2 2 3 3 3 3 4,000 -4,999 1 2 3 3 3 3 4 3,000 - 3,999 1- 2 3 3 3 4 4 2,000 - 2,999 1 2 3 3 4 4 4 1,000 - 1,999 1 3 3' 3 4 4 5 500-999 1 3 4 4 4 4 5 200-499 1 3 4 4 5 5 5 50-199 Page 41 of 365 1 3 4 S 5 5 5 0 -49 1 3 6 6 6 6 6 Page 41 of 365 9e) - Report No. TES, 2010 -10, Jerry Ball, Director of Transportat... R is Ii Au- PE w Wmx"O Gr.4 i OT U :_5 Ow " -- �y,�,.a,� • 'y+ - �, '':u, -.. =�. =--fir` � LA llz Simcoe nor cer_v MAP i ru?enNV.S d5 M lLSF' Q 1996 Simeae County Cane Information Net*w* Caooerud" Page 42 of 365 9e) - Report No. TES, 201 0-10, Jerry Ball, Director of Transportat LZ JOLLA, sTarq- 1 3K)Lf Pr=PLF- jzr.) - nA�& AeXA ujat.L.La Lake as---k P, T- �4 Simcoe I NC 1 1 2 1 mmm rm P; • C= TMF PArF* MR IIMITA776AIS AS 70 USE' Q 1996 Simcce County Land Information NOW4 C0006mtive Page 43 of 365 210 as 217 jw 04M i t lk IX M-6u JOLLA, sTarq- 1 3K)Lf Pr=PLF- jzr.) - nA�& AeXA ujat.L.La Lake as---k P, T- �4 Simcoe I NC 1 1 2 1 mmm rm P; • C= TMF PArF* MR IIMITA776AIS AS 70 USE' Q 1996 Simcce County Land Information NOW4 C0006mtive Page 43 of 365 9e) - Report No. TES, 2010 -10, Jerry Ball, Director of Transportat... Proud Heritage, Exciting Future June 3, 2010 Re: Streetlights on Georgina Drive #1 Georgina Drive Dear Homeowner, The streetlights on Georgina Drive are now at an age where they need to be replaced. Since the streetlights were installed, the roadway has been moved from its original location to the old railway line. The three existing streetlights are now located quite a distance off of the municipal roadway. As per Township policy, streetlights on subdivision or local roads (such as Georgina Drive) are paid for through a "user fee" by the landowners on that roadway that are deemed to benefit from the streetlights. If you have received this letter, your property has been deemed to benefit from the streetlight(s) in the proposed locations outlined below. This includes addresses 1, 2, 4, 5, 6, 7, 9, 11, 13, and 15 Georgina Drive. Please note that currently only 7, 9,11 and 13 Georgina Drive pay the "user fee" for streetlights. Since the existing streetlights are located off of the roadway, they were deemed to only benefit those four property owners. Given that the lights need to be replaced, the Township has several options and the opportunity to improve the currently location, number and type of light. Please read the options outlined below and place a check in the box beside the option that you would most prefer. Please return your response in the included envelope, to the Township office, by June 15, 2010. Option 1 ❑ Remove all three (3) streetlights on Georgina Drive and do not replace. 1 do not want to pay for streetlights. Option 2 El Remove all three (3) old streetlights and only install one (1) new streetlight near the community mailboxes. The new streetlight will be a decorative streetlight (see attached sketch #1). Option 3 El Remove all three (3) old streetlights and only install one (1) new streetlight near the community mailboxes. The new streetlight will be the standard concrete pole, arm and light head (see attached sketch #2). /2 148 Line 7 South, Box 100 P: (705) 487 -2171 WWW oro— medontexa Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 44 of 365 9e) - Report No. TES, 2010 -10, Jerry Ball, Director of Transportat... Page Two Letter to Residents Re: Streetlights on Georgina Drive June 3.2010 Option 4 ❑ Replace the three (3) existing streetlights with two (2) new streetlights. One to be located on a new pole near the community mailboxes and the other to be a standard streetlight arm with light attached to the existing hydro pole between #'s 1 and 5 Georgina Drive. The option with the majority of votes by the benefiting landowners will be taken to Council for approval on Wednesday, June 23, 2010 at 6:00 p.m. The costs associated with the options are listed below. Removal of old lights, bury hydro services to homes, run new hydro line from old poles to new location, and install new light( s) .................................... ............................... .........................$5,400 +Taxes 1 Decorative light and pole (Black) ............... ............................... .........................$4,000 +Taxes 1 Concrete pole and standard light ............ ............................... .........................$2,200 +Taxes 1 Standard light on existing hydro pole (supply & install) ................................. $850 + Taxes The capital cost to replace the existing streetlights will be paid for through reserves for Georgina Drive and a portion of the $200 streetlight rate you pay each year, will go to replace the money taken from reserves. The annual rate may be adjusted based on decreases in hydro and maintenance costs, once the capital reserve costs have been paid off. If you have any questions, please feel free to contact me at (705) 487 -2171. Sincerely, Lisa McNiven, C.E.T. Manager of Engineering & Environmental Services Township of Oro - Medonte Attachments Page 45 of 365 9f) - Report No. TES 2010 -11, Jerry Ball, Director of Transp... REPORT Township of G .Fraud Herita e, Excitinff Future Report No. TES2010 -11 To: COUNCIL Prepared By: Jerry Ball Meeting Date: June 23, 2010 Subject: Emergency Vehicle Replacement Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action Z For Information Only It is recommended that: 1. THAT Report No. TES2010 -11 be received and adopted. 2. THAT Transportation Services transfers the 2008 Ford pick -up to Municipal Law Enforcement. 3. THAT Municipal Law Enforcement finances the book value of the 2008 Ford pick -up from the Vehicle Reserve. 4. THAT Transportation Services purchases a new 2010 two (2) wheel drive pick -up truck with an extended cab. 5. THAT Transportation Services finances the remaining balance of the new 2010 pick- up truck from the Vehicle and Equipment Reserve. 6. AND THAT the Director of Transportation and Environmental Services proceed with the emergency acquisition of a new 2010 pick -up truck. BACKGROUND: Currently, all departments within the municipality operate and maintain numerous pick- up trucks for inspections, patrol and hauling of light materials. Transportation and Environmental Services, Development Services, and Fire and Emergency Services all try to utilize service vehicles for a five (5) to seven (7) year period (depending on vehicle use and mileage) before replacement. The Parks and Recreation Department, Municipal Law Enforcement, and the pool vehicles have utilized used vehicles from various departments to fulfill their department needs. These vehicles usually have high mileage and require substantial maintenance costs for continued operation. Transportation and Environmental Services June 23, 2010 Report No. TES2010 -11 Page 1 of 3 Page 46 of 365 9f) - Report No. TES 2010 -11, Jerry Ball, Director of Transp... In the past two weeks, two vans were taken out of services due to high repair costs. The 2005 van from Environmental Services required substantial brake and steering repairs. The new van that was purchased within the fleet purchase for Environmental Services has now been put in service to replace the 2005 van. The Municipal Law Enforcement van was also taken out of service due to frame deterioration and separation of the right front drive wheel. Law Enforcement is now utilizing a pool vehicle for daily patrol until another vehicle is available, leaving the Administration pool short one vehicle. ANALYSIS: Each department within the municipality must utilize service vehicles to provide the appropriate customer service. As these vehicles are used on a daily basis by all departments, the mileage and repair costs increase. As vehicles are transferred to other departments, high mileage and repair costs are usually quite evident. This also causes problems with service as spare vehicles are not available. As all departments now have vehicle reserves, each department will budget for replacement vehicles as vehicles reach their life cycle. These vehicles will be disposed of in efforts to avoid further significant maintenance repair costs. Municipal Law Enforcement now requires a vehicle to enable staff to complete their daily patrols and maintain service levels. It is recommended that the 2008 pick -up truck (with 43,200 km), which is utilized by the Director of Transportation and Environmental Services, be transferred to Municipal Law Enforcement. Transportation and Environmental Services would then purchase a new 2010 two (2) wheel drive pick -up truck with an extended cab for routine patrol, which would also enable 4 to 5 people in a vehicle to attend meetings, seminars and training sessions, without requiring a second vehicle. Quotations would be obtained for a new vehicle that would be purchased from a dealer lot at an approximate cost of $25,000.00 to $27,000.00. FINANCIAL: Municipal Law Enforcement would pay the book value for the 2008 Ford pick -up from their Vehicle Reserve, and Transportation Services would finance the balance of the new 2010 pick -up truck from the Vehicle and Equipment Reserve. POLICIES /LEGISLATION: Purchasing and Procurement By -law CONSULTATIONS: Chief Administrative Officer Director of Corporate Services Director of Finance Deputy CAO Transportation and Environmental Services June 23, 2010 Report No. TES2010 -11 Page 2 of 3 Page 47 of 365 9f) - Report No. TES 2010 -11, Jerry Ball, Director of Transp... ATTACHMENTS: N/A LINKAGE TO COUNCIL STRATEGIC PRIORITIES: The recommendations included in this Staff Report support the following Township Council's Strategic Priorities: ❑ Service Excellence — Promotion of a welcoming, courteous and professional culture of service excellence. ❑ Sustainability — Oro - Medonte strives to build a sustainable community — with regard for future generations. CONCLUSION: It is recommended that the provisions of the Purchasing and Tendering By -law be waived to proceed with the emergency purchase of a new 2010 two (2) wheel drive pick -up truck with an extended cab for routine patrol, which would also enable 4 to 5 people in a vehicle to attend meetings, seminars and training sessions, for the Transportation Services Department. It is also recommended that the 2008 pick -up truck be transferred to Municipal Law Enforcement at book value and be financed from the department reserve and the remaining cost of the 2010 pick -up truck be financed from the Vehicle and Equipment Reserve for Transportation Services. Respectfully submitted: Jerry Ba , C.R.S.S. Director of Transportation and Environmental Services SMT Approval / Comments: C.A.O. Approval / Comments: Transportation and Environmental Services June 23, 2010 Report No. TES2010 -11 Page 3 of 3 Page 48 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... " REPORT (WG Z �� Proud Heritage, Exciting Future Report No. RC2010 -13 To: Council Prepared By: Shawn Binns Meeting Date: June 23, 2010 Subject: First Student Canada Subsidy Request Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action I X I For Information Only[ It is recommended that: 1. Report No. RC2010 -13 be received 2. First Student Canada be requested to submit the applicable fee of $270 for ball diamond rental permit #2724, in accordance with the Township oolicv. BACKGROUND: The First Student Canada is a very well -known bus company who are looking to host a fundraising baseball tournament to raise money for their charity, The Children's Miracle Network. They provide transportation of school children to and from the various schools in Oro - Medonte. This tournament is strictly for fun, 3 pitch with the hopes of bringing together school bus employees /drivers for a day of baseball. The hopes are to cover the cost of the baseball diamond rental without reducing their raised funds. This is a 1S annual tournament (with the hopes of repeating this yearly), and are starting out with extremely limited funds. They would supply all equipment & supplies required First Student Canada has previously donated bussing for Township functions such as the Mayor and Council Walk. ANALYSIS: It has been Council's practice /policy that requests from individuals or organizations for grant/subsidies are requested to submit the applicable fee and a grant/subsidy application be submitted for Council's consideration. Recreation and Community Services June 23, 2010 Report No. RC2010 -13 Page 1 of 2 Page 49 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... FINANCIAL: 71 The financial impact would be $270.00 for permit #2724 ATTACHMENTS: 1. Application for Grant/Subsidy document 3. Facility Rental Permit CONCLUSION: I It is recommended that First Student Canada be requested to submit the applicable fee of $270 for ball diamond rental permit #2724, in accordance with the Township policy. r Shawn Binns Director, Recreation and Community Services Recreation and Community Services June 23, 2010 Report No. RC2010 -13 Page 2 of 2 Page 50 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... Prinred 20- May -10, 02:38 PM Township of Oro - Medonte 148 Line 7 S., Box 100 Phone: (705) 487 -2171 l Oro- Medonte, ON LOL 2300 Fax: (705) 487 -0133 Customer Schedule Laidlaw Vicky Valois bate Day Comple Facility ]Event Type Start Time And Time 21- Sep -10 Tue GUTH Lions 1 Tournament 8:00 AM 5:00 FM Fundraising Baseball Toumament to raise money for the Children's Miracle Networkl 21- Sep-10 Tue GUTH Lions 2 Tournament 8:00 AM 5:00 PM Fundraising Baseball Tournament to raise money for the Children's Mracle Network[ CONTRACT Acet I0: Page Permit Number: 2724 Vicky Valois Work Phone; 721 -6888 Dur. Hourly Other Charge Amount 540 15.00 0.00 135.00 540 15.00 0.00 135.00 18.0 (hrs) Sub Total $270.00 Tare $0.00 Grand Total $270.00 PLEASE SIGN AND RETURN ONE COPY OF T141S PERMIT WITH PAYMENT IMMEDIATELY. BOOKINGS ARE TENTATIVE UNTIL SIGNED PERMIT AND PAYMENT ARE RECEIVED. ALL CHEQUES ARE TO BE MADE PAYABLE TO THE TOWNSHIP OF ORO- MEDONTE. NSF cheques must be replaced immediately with either a money order, cash or certified cheque and a $20.00 fee must be added to the amount of the dishonoured cheque. Interest will be charged at a rate of 15% per annum on all overdue accounts. Late payments or failure to replace NSF cheques may result in cancellation of your booking. It is mutually agreed that in the event it becomes necessary for the Parks & Recreation Department, through weather conditions, breakdown of equipment or any other cause, to cancel a sheduled event(s) at one of their facilities, the Parks and Recreation Aepartment will notify the person signing the permit. Every effort will be made to replace a booking which has been cancelled or a refund will be given_ Notice of a booking cancellation by permit holders must be given in writing to the Township Office. Cancellation in writing more than 7 days in advance of rental date: - $20.00 administration charge - Full (100°/x) refund of rental fee Cancellation in writing within 7 days of rental date: - $20.00 administration charge - Full (100%) refund of rental fee if rental time is used by another renter 50% refund of rental fee if rental time is not used by another renter Cancellation in writing less than 48 hours before rental date: - No refund of rental fee No cancellation notice ( "no- show "): - No refund of rental fee The exchange of booked time between individual teams or organizations is not permitted without proper written permission from the Parks & Recreation Department. * Indicates event spans multiple days. Z 'd £C�5 'ON Powered by MaxErterprise®, a product of Maximum Solutions, Inc. AkpB P! 41 WS:I 000 Page 51 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... Printed 20- May -10, 02:38 Ph! Page I i No alcoholic beverages arc allowed in any Township of Oro - Medonte facility without express permission from the Parks & Recreation Department. NOTE: Failure by any renter /group to adhere to the rental regulation/conditions noted herein may result in the cancellation of the renters/groups entire booking. WAIVER: The permit applicant/organizatiou agrees to hereby waive and forever discharge and INDEMNIFY AND SAVE HARMLESS the Corporation of the Township of Oro - Medonte, its employees, volunteers, partner organizations, sponsors, officers, and elected officials from all claims, damages, costs and expenses in respect to injury or damage to my /their person or property, however caused, which may occur as a result of my /their participation in the use/uses intended which will be held at the permit location/Iocations during the period of this permit including any additional dates later added to this permit. Notwithstanding the foregoing, this indemnification shall not apply to claims, damages, costs and expenses which the Corporation of the Township of Oro- Medonte shall or may become liable for by reason of any willful default or negligence of the Corporation ofthe Township of Oro - Medonte, its officers and employees. SIGNATURE: -�1 LR� 0�6't c�3 DATE: Mai. 2Cl . 2010 If not the named addressee of the permit, please print your name_ Personal information contained on this form is collected pursuant to THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, and will be used for the purpose of this permit. Questions about this collection should be irn d of Lisamg E 'd ELH'ON MpIP!pl Ms:I O(Ol '06'APH Page 52 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... First r0A Student 81 Saunders Road Barrie, Ontario, L4N 9A7 Tel: 705- 721 -6888 Fax: 705 - 721-6120 Date May 20, 2010 To Sandie Company First Student Fax No 705- 487 -0133 From Vikki Valois, Branch Manager If there is a problem with this fax, please contactVikki Valois A FirstGroup Company Totalrl 'deroiejE5 'ON welp!vI first9fo AdZ5 :l ao[OZ . 0Z - Aq Page 53 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... THE CO'MRAVON OF Mt 148 Line 7 S., Box 100 TOW Oro, Ontario 487 2X0 Phone (70$) 487.2171 Fax (705) 487 -0133 Q www.oro- medonwya APPLICATION FOR GRAN` /SUBSIDY Instruglions In order to process the application on fields Including Appendix "A" financial information must be completed Note: Grants/Subsidies are not automatically renewed annually PART A - ORGANIZATION NAME AN2 ADDRESS INFORMATION Organization Name F 1Qs; STLe b�Nr ��b� Address @ SJtu-NV-1QS city ISRP�2. 9, ' , 44 Prov. On►�1t0 - Postal Code contact 0 1k.l -1 V 0g i-616 Telephone 7C6 7;Z 1 -loVi E-mail V I 41 . Co rn - - - -- Fax 7o5 7x1- $1 o PART B - ORGANIZp'I"ION GENERAL.INFORMATION Number of Members Geographic Area Served - _ __. Date Formed Outline the mission, purpose and objectives of your organization. ♦ n / s 1 S ' d ELE§ 'ON Ml i p !p] WdES : 0106 Out of Town Membership Fee ROSIdents If Applicable Page 54 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... Type of Organization (i.e. Registered Charity, Non -Profit Organization, no status, etc.) and registration number if applicable. Indicate the products / services / benefits provided to the Township of Oro - Medonte by your organization: # of Individuals served: '? PLEASE ATTACH DETAILED ANNUAL BUDGET INFORMATION INDICATING REVUNUES AND EXPENDITURES (Appendix "A") PA [IT P - DETAILS OF REQUEST f Grant s a request for a financial contribution from Council Subsidv is a request for a reduction or waiving of fees Application is for a (please check) Gra Subsidy X Amount Requested: Purpose for which the grant/subsidy, if approved, would be used. Give complete details (.e. project or event description, time frame, community benefits). Do you currently receive other grants or subsidies from the Township (facility subsidization, photocopying, secretarial, eto). 9 'd ELE5' °N APINVI Ms:[ 0IR '06' "N Page 55 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... Previous grantstsubsidies from the Township? l Amount Requested: $ __ Year of Request: Amount Approved: Year of Approval: PART S� d - S)GNATURE OF AUTHOFIIZF.0 OFFICIAUS) �i `" )041n - Date: / Name & Position Name & Position Date: For office use only Approved: Amount $ Denied: Date: NOTE: Personal information contained on this form Is Collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of determining eligibility for grants. Questions about this collection should be directed to the Freedom of information Co-ordinator, The Corporation of the Township of Oro-Medonts,148 Line 7 South, Box 100, Oro, Ontario. LOL 2Xo Please use Additional sheet ( and attach more tf required) to complete the information requested on the GrantiSubsidy Application Form. L 'd ELES A AI[P!VI WdEs :I E06 '06' "N Page 56 of 365 9h) - Report No. RC 2010 -13, Shawn Binns, Director of Recreation a... CURRENT FISCAL YEAR: Year NEXT YEAR PROPOSED: Year: REVENUE: G 0 REVENUE: Source: tt Amount: 1 Source: Amount: o 1200.4 a kas 6o�5a 3aa. TOTAL; �l'�c�v• 0o TOTAL — 1 - 4 EXPENDITURES: WENWTURE,S: Item: Amount: Isom: Amount: his u r case a �� ,c �tir Ian `�!,nn,oha :1.70. r a � I� _ � ,r _ er e , 4n; ! m - - -- - -- - ,- acs da .'szm 4o Gaelti s ot T� «ed r t oho o-� TOTAL TOTAL � '"� SUMMARY Surplus or deficit from previous year: Revenue Sub Total Minus Expenditures R ALA NCE: S'U'MMARY: Surplus or deficit from previous year: 2 re3i. °� R�v�n� �l��o•cres Sub Total ] too. Co. Minus Exp. Expenditures 6 100 BALANCE 1'Ot3 ullo Gds -H.x s s our 601x. ko-,1 t r1 o O,ra Cu'e 11pr,�7a 0 NIVe ` 0 ►v�S >r s in. pv"dt_¢�( 'r�v off © c rc s ari a C -�.� a ► �r Ca Alf 'd OStiS ' °N 111 l P pu wvtiZ c O lOb '8Z 'ApW Page 57 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... " REPORT (WGZ&t&"te, Proud Heritage, Exciting Future Report No. RC2010 -14 To: Committee of the Whole Prepared By: Shawn Binns Meeting Date: June 23, 2010 Subject: Oro Minor Hockey — Baseball Tournament Subsidy Request Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action X❑ For Information Only It is recommended that: 1. Report No. RC2010 -14 be received 2. Oro Minor Hockey be requested to submit the applicable fee of $432.00 for ball diamond rental permit #2710, in accordance with the Township policy. BACKGROUND: Oro Minor Hockey is a not for Profit organization providing a recreational and competitive hockey program for children and youth aged 3 to 16 years old. This tournament is a slo -pitch and BBQ fundraiser being held at the Lions fields on June 12 & 13 All proceeds go directly back to the organization to allow them to better the program for the participants while keeping the cost down for the families. ANALYSIS: It has been Council's practice /policy that requests from individuals or organizations for grant/subsidies are requested to submit the applicable fee and a grant/subsidy application be submitted for Council's consideration. Council has historically waived fees for fundraising events organized by minor sports organizations. FINANCIAL: The financial impact would be $432.00 for permit #2710 Recreation and Community Services June 23, 2010 Report No. RC2010 -14 Page 1 of 2 Page 58 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... ATTACHMENTS: 1. Application for Grant/Subsidy document 2. Facility Rental Permit CONCLUSION: It is recommended that Oro Minor Hockey be requested to submit the applicable fee of $432.00 for ball diamond rental permit #2710, in accordance with the Township policy. Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: I C.A.O. Approval / Comments: Recreation and Community Services June 23, 2010 Report No. RC2010 -14 Page 2 of 2 Page 59 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... THE CORPORATION OF THE 148 Line 7 S., Box 100 c Oro, Ontario L0L 2X0 k T Phone (70 487 Fax (705) ) 487 -0133 0133 t)i www.oro- medonte.ca APPLICATION FOR GRANT /SUBSIDY Instructions In order to process the application on fields including Appendix "A" financial information must be completed Note Grants /Subsidies are not automatically renewed annually PART A- ORGANIZATION NAME AND ADDRESS INFORMATION Organization Name Vf\ I C\ 0 0 C, I)- \1 Address City 3 Q b Prov. 0 Postal Code Contact , � � d� 11 Telephone -[nS E -mail J c71�v � . !1!� r2 rJ'_ 110 l�Q _ Fax PART B - ORGANIZATION GENERAL INFORMATION Number of Out of Town Membership Fee Members Residents If Applicable Geographic Area Date Served oz r) Formed Outline the mission, purpose and objectives of your organization. Y or 1 I^ C �6 rJw� � �f Q r r , P oi(� CT Page 60 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... Type of Organization (i.e. Registered Charity Non - Profit Organization, no status, etc and registration . number if applicable. Indicate the products / services / benefits provided to the Township of Oro - Medonte by your organization: T V\ # of individuals served: PLEASE ATTACH DETAILED ANNUAL BUDGET INFORMATION INDICATING REVUNUES AND EXPENDITURES (Appendix 'W') PART C - DETAILS OF REQUEST Grant is a request for a financial contribution from Council Subsidy is a request for a reduction or waiving of fees Application is for a (please check) Grant—Aie Subsid Amount Requested: Purpose for which the grant/subsidy, if approved, would be used. Give complete details (i.e. project or event description, time frame, community benefits). 6�>r. h2 t.>2 Q ��� 6� � G .n 3- ► ? 2 W 1 r rt rA Gn n tna ca C r a r 0 1OL3 � < pr fC� 1 �� 1 t Q Do you currently receive other grants or subsidies from the Township (facility subsidization, photocopying, secretarial, etc). Page 61 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... Previous grants /subsidies from the Township? Amount Requested: $ Amount Approved: $ Year of Request: Year of Approval: PART D — SIGNATURE OF AUTHORIZED OFFICIAL(S) d C& , Date: / �[J ��Name & Position Name & Position Date: For office use only Approved: Denied: Amount $ Date: 11IO 4 Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of determining eligibility for grants. Questions about this collection should be directed to the Freedom of Information Co- ordinator, The Corporation of the Township of Oro- Medonte, 148 Line 7 South, Box 100, Oro, Ontario. LOL 2X0 Please use additional sheet ( and attach more if required) to complete the information requested on the Grant/Subsidy Application Form. Page 62 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... APPENDIX "A" FINANCIAL INFORMATION ORGANIZATION NAME: OgC) �dr� k'�1� hCX- Page 63 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... CURRENT FISCAL Y EAR: Year: NEXT Y EAR PFRO POSCD: Year REVENUE- REVENUE- Source: A mount.: sou Ainount: �- 5, � v�� ----- - - - - -- – �-�..5 , c�✓ Lams -_----- - - - - -- TOTAL: TOTAL EXPENDITURES: EXPENDITURES: Iterr1: Amount: Item: A,inount: TOTAL: ,Z 3 (, 0 4 ,Q __— TOTAL: -- YW S, O C C} SUMMARY SUMMARY: Surplus ar deficit frorn Surplus or deficit from prey. ious year: _ previous year: _^ _ Revenue G 4 , Revenue - -- Sub Total Sub Total Minus Expenditures MillUs Exp, Expenditures BALANCE, BALANCE: s c w S "i „na Date:.(”` Page 64 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... 7 CURRENT FISCAL YEAR: Year: REVENUE: Source: Amount.: TOTAL: EXPENDITURES: Item: Amount: TOTAL SUMMARY- Surplus or deficit from previous year: Revenue Sub Total Minus Expenditures BALANCE: re: Date: NEXT YEAR PROPOSED: Year: REVENUE: Source: Amount: TOTAL EXPENDITURES: Item: Amount: TOTAL: SUMMARY: Surplus or deficit from previous year: Revenue Sub Total Minus Exp. Expenditures BALANCE: Page 65 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... Printed 27- May -10, 11:01 AM Page 1 of 2 y Township of Oro - Medonte Acct ID' �� 148 Line 7 S., Box 100 Phone: (705) 487 -2171 Oro - Medonte, ON LOL 2X0 Fax: (705) 487 -0133 Customer Schedule Permit Number: 2710 Oro Minor Hockey Jim Fockens Jim Fockens Work Phone: 353 -3000 Cell Phone: 309 -4719 Dur. Hourly Other Date Day Complex Facility Event Type Start Tim End Time (Min) Rate Charge Amount 12- Jun -10 Sat GUTH Lions 1 Tournament 8:00 AM 8:00 PM 720 9.00 0.00 108.00 John Randall booking for a fundraiser for Oro Minor Hockey 12- Jun -10 Sat GUTH Lions 2 Tournament 8:00 AM 8:00 PM 720 9.00 0.00 108.00 John Randall booking for a fundraiser for Oro Minor Hockey 13- Jun -10 Sun GUTH Lions 1 Tournament 8:00 AM 8:00 PM 720 9.00 0.00 108.00 John Randall booking for a fundraiser for Oro Minor Hockey 13- Jun -10 Sun GUTH Lions 2 Tournament 8:00 AM 8:00 PM 720 9.00 0.00 108.00 John Randall booking for a fundraiser for Oro Minor Hockey 48.0 (hrs) Sub Total $432.00 Tax $0.00 Grand Total $432.00 CONTRACT PLEASE SIGN AND RETURN ONE COPY OF THIS PERMIT WITH PAYMENT IMMEDIATELY. BOOKINGS ARE TENTATIVE UNTIL SIGNED PERMIT AND PAYMENT ARE RECEIVED. ALL CHEQUES ARE TO BE MADE PAYABLE TO THE TOWNSHIP OF ORO- MEDONTE. NSF cheques must be replaced immediately with either a money order, cash or certified cheque and a $20.00 fee must be added to the amount of the dishonoured cheque. Interest will be charged at a rate of 15% per annum on all overdue accounts. Late payments or failure to replace NSF cheques may result in cancellation of your booking. It is mutually agreed that in the event it becomes necessary for the Parks & Recreation Department, through weather conditions, breakdown of equipment or any other cause, to cancel a sheduled event(s) at one of their facilities, the Parks and Recreation Department will notify the person signing the permit. Every effort will be made to replace a booking which has been cancelled or a refund will be given. Notice of a booking cancellation by permit holders must be given in writing to the Township Office. Cancellation in writing more than 7 days in advance of rental date: $20.00 administration charge - Full (100 %) refund of rental fee Cancellation in writing within 7 days of rental date: - $20.00 administration charge - Full (100 %) refund of rental fee if rental time is used by another renter - 50% refund of rental fee if rental time is not used by another renter Cancellation in writing less than 48 hours before rental date: No refund of rental fee * Indicates event spans multiple days. Powered by MaxEnterprise ®, a product of Maximum Solutions, Inc. Page 66 of 365 9i) - Report No. RC 2010 -14, Shawn Binns, Director of Recreation a... Printed 27- May -10, 11:01 AM Page 2 of 2 No cancellation notice ( "no- show "): - No refund of rental fee The exchange of booked time between individual teams or organizations is not permitted without proper written permission from the Parks & Recreation Department. No alcoholic beverages are allowed in any Township of Oro - Medonte facility without express permission from the Parks & Recreation Department. NOTE: Failure by any renter /group to adhere to the rental regulationlconditions noted herein may result in the cancellation of the renters/groups entire booking. WAIVER: The permit applicant/organization agrees to hereby waive and forever discharge and INDEMNIFY AND SAVE HARMLESS the Corporation of the Township of Oro - Medonte, its employees, volunteers, partner organizations, sponsors, officers, and elected officials from all claims, damages, costs and expenses in respect to injury or damage to my /their person or property, however caused, which may occur as a result of my /their participation in the use /uses intended which will be held at the permit location/locations during the period of this permit including any additional dates later added to this permit. Notwithstanding the foregoing, this indemnification shall not apply to claims, damages, costs and expenses which the Corporation of the Township of Oro - Medonte shall or may become liable for by reason of any willful default or negligence of the Corporation of the Township of Oro - Medonte, its officers and employees. SIGNATURE: DATE: If not the named addressee of the permit, please print your name. Personal information contained on this form is collected pursuant to THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, and will be used for the purpose of this permit. Questions about this collection should be directed to the Freedom of Information Co- ordinator, The Corporation of the Township of Oro - Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0 End of Listing * Indicates event spans multiple days. Powered by MaxEnterprise ®, a product of Maximum Solutions, Inc. Page 67 of 365 9j) - Report No. RC 2010 -15, Shawn Binns, Director of Recreation a... Township of REPORT Proud Heritage, Exciting Future Report No. RC2010 -15 To: Council Prepared By: Shawn Binns Meeting Date: June 23, 2010 Subject: H.A.A.C.A Canada Day Parade— Request for Exemption By -Law 2006 -38 Motion # Roll #: R.M.S. File #: I RECOMMENDATION(S): Requires Action For Information Only I It is recommended that: 1. Report No. RC2010 -15 be received and adopted. 2. An exemption to By -law 2006 -38 be granted to the Hawkestone and Area Community Association to hold a Canada Day Parade on Thursday July 1 st, 2010 commencing at 12:00pm 3. The Hawkestone and Area Community Association be required to purchase liability insurance in the amount of $2,000,000 to provide coverage for the events. 4. The Director, Transportation and Environmental Services and the Hawkestone and Area Community Association be notified of Council's decision. BACKGROUND: By -Law No. 2006 -38 regulates the holding of parades or processions /events in the municipality. Section 8 of the above mentioned By -law permits that in a situation where a parade or procession/event will last less than 24 hours, Council may dispense with any or all of the requirements of the By -Law. ANALYSIS: Mr. Paul Harris (Past President of Hawkestone and Area Community Association), has supplied information regarding the event (Attachment #1). The Hawkestone and Area Community Association will have volunteers present for the event to assist with the road closure and management of the event. The Oro - Medonte Fire Department and the Ontario Provincial Police have both been notified and will be in attendance. The parade route will commence at the Hawkestone Pier at 1:00p.m. travel up Line 11 S. turning right on John St, then right on Allen and then conclude at Matilda St. The parade will last approximately 45min. It is recommended that Council waive the requirements of By -Law No. 2006 -38 to allow for this parade /event. Recreation and Community Services June 23, 2010 Report No. RC2010 -15 Page 1 of 3 Page 68 of 365 9j) - Report No. RC 2010 -15, Shawn Binns, Director of Recreation a... To ensure that risks are minimized it is recommended that the Hawkestone and Area Community Association purchase $2,000,000 in liability insurance naming the Township of Oro - Medonte as additional insured. The 2010 Recreation and Community Services Budget includes a funding allocation of $600 for the Hawkestone Canada Day Celebrations. As insurance will be an additional expense it would be recommended that the Hawkestone and Area Community Association be reimbursed for the insurance costs (Approximately $200) through the Recreation and Community Services operating budget. CONSULTATIONS: • Hawkestone and Area Community Association • Director, Transportation and Environmental Services I ATTACHMENTS: I 1. Hawkestone and Area Community Association Canada Day Agenda CONCLUSION: The parade is part of the Annual Hawkestone Canada Day Celebrations and draws significant community involvement and participation. The organizing group is exercising due diligence to ensure that all precautions are taken and risks minimized for a safe event. Liability insurance will be obtained to further mitigate potential risks to the Municipality. It is recommended that Council grant this request to allow this event to occur once again in 2010. Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: I C.A.O. Approval / Comments: -.1 � Recreation and Community Services June 23, 2010 Report No. RC2010 -15 Page 2 of 3 Page 69 of 365 9j) - Report No. RC 2010 -15, Shawn Binns, Director of Recreation a... The village of Hawkestone and the Hawkestone & Area Community Assoc; will once again celebrate Canada's birthday on Thursday July 1" Many of the community's favourite events will return, as well as some new activities in and around the hall. 11:30 am Scout BBQ lunch at the hall 12 — 3 pm Farmer's Market preview at the hall. Local vendors will be there selling products 12 — 4 pm Kids Park with inflatable castle, games, snowcones, face painting 12:30 pm Oro District Lion's Club Golf ball drop on the main street hill 1:00 pm Gigantic parade through the village - honourary marshals this year are the Jermey brothers; 1:45 pm Cutting of the community birthday cake and singing of O Canada in front of the hall 1:50 pm, . 50150 draw from the Oro District Lion's Club 2:00 pm Red and White Strawberry Social in the hall begins 2 — 4 pm Musical entertainment inside the hall and outside on the hall grounds www.Hawkestone.net Recreation and Community Services Report No. RC2010 -15 June 23, 2010 Page 3 of 3 Page 70 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... MEMORANDUM To: Mayor And Members of Council cc: From: Richard Playfair / Fire Chief Director of Fire & Emergency Services Date: June 15, 2010 Subject: Emergency Management Plan INTRODUCTION TZ wriship WJW&Iff Proud Heritage, Exciting Future As outlined in the Emergency Management and Civil Protection Act it states that every municipality shall develop and implement an emergency management program and the Council of the Municipality shall, by bylaw adopt the emergency management program. BACKGROUND The Township of Ora - Medonte has ensured that an emergency management plan has been revised and formulated an emergency plan governing the provisions of necessary services during an emergency and also the procedures under and the manner in which employees of the municipality and others will respond to the emergency. INPUT FROM OTHER RESOURCES • Emergency Management Ontario • Simcoe County Emergency Management • Township of Oro - Medonte Senior Management Team CONCLUSION The revisions of the Township of Oro - Medonte Emergency Management Program will provide Council and Staff with a format of process to apply to any emergencies that may arise. These revisions, if approved by Council can set the baseline for a current document in which can assist in the process of emergency preparedness within our community. The Emergency Plan along with the proposed Resource Manual will be the mainstay of the Emergency Operation Group in out Emergency Operational Center. 5ubmitte By: Richard Playfair / Fire Chief Director of Fire & Emergency Services Page 71 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... EMERGENCY JUNE 2010 Page 72 of 365 iq 9k) - Richard Playfair, Director of Fire & Emergency Services The Township of Oro-Medonte Emergency Management Program 2010 Table of Contents SECTION 0.0 1.0 1.1 2.0 2.1 3.0 3.1 3.2 3.3 3.4 4.0 4.1 4.2 5.0 5.1 5.2 5.3 5.4 6.0 6.1 6.2 6.6 7.0 7.1 7.2 7.3 7.4 DESCRIPTION PAGE Table of Contents .......................................................... 2-3 Preamble .................................................................... 4 Introduction ................................................................. 4-5 Aim ..................................................................... 6 Key Terms Used in the Emergency Management Program 6-8 FF Authority ................................................................... 9 Declaration of an Emergency .......................... 9 Emergency Management Program ............ 10 Definition of an Emergency ................... 6.'h ........... ....... 10 Action Prior to Declaration .................... ........... 10 Emergency Notification Procedurdis"'.'......., . ................ 11 1 3�,;� j ll T Requests for Assistance .......... ............ ....... Al 1? A Declared Community Emergencq�111 ................... 11-12 Municipal Emergency Control Group .................................. 13 Emergency Opera C eh : t ,.�Jons f re (EOC) and Alternate Centre 13 Municipal Emergency Control G up (MECG) ....................... 13 Operating Cycle .................................................... 14 Municipal Emergerte,Control Group Responsibilities ............ 14-15 .Y System .......................................... 16 y . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'Community Emergency Management Coordinator (CEMC) . Chief Administrative Off (CAO) ...................................... Ontario Provincial Police Detachment Commander ............... Director of Fire & Emergency ............................................ Director of Environmental and Transportation Services ........... Support and Advisory Staff ............................................... CAO's Administrative Assistant ......................................... Legal Services Representative ........................................... Director of Finance ......................................................... PurchasingAgent ........................................................... Revised June 2010 tv 16 17 17-18 18 19 20 20 20 21 21 Page 2 Page 73 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 SECTION 7.5 7.6 7.7 8.0 8.1 8.2 8.3 8.4 15.0 16.0 17.0 DESCRIPTION PAGE Manager of Health and Safety and Human Resources .......... 21 Director of Recreation and Community Services ..................... 22 Emergency Information Officer (EIO) ... ............................... 22 Township of Oro - Medonte Emergency Support Group ............ 23 SMDHU Medical Officer of Health ............... 23 -24 :::;:• Coun of Simcoe Social Services Representative ............. County p . �, 24 County of Simcoe Paramedic Service Representative All: g ; ;'', 25 Utilities: Hydro One, Bell Canada, Enbridge Gas, Union Gas . ' r,, 25 Hospitals (Royal Victoria; Orillia Soldier's Mergorial�,Huronia District; Penetan uishene General; South Mus'k4k � g a li�lmonal, Huntsville 26 S Y District School Board of i ducatlbn 0'0t Si Simcoe Muskoka Catholic School Board r ah n�11.n.,.,:•• �. h;!h:..... ....... ... 26 Emergency Site Management.. Relationship between MECG ar y Site Manager .......................... Relationship between "Emergency Site Manager (ESM) and Responding Incident Commanders and control structures of emergency r '5 11 nder ..... .:........ ............................... 4 rd Emergency Telec , � munications Plan . ............................... y .l Emergency I, formatlo,n Plan ............. ............................... Emergency Information Officer (EIO) ... ............................... pervisor ................. ............................... v.y.� V4.V.. i-�V• ............................... ............................... U�dat s and Amendments ............... ............................... A'ppendix'A' —Legal Documents .......... ............................... Appendix'B' - -- Contact Information ....... ............................... Appendix 'C'---Maps of Area and Adjacent ........................... Appendix 'D'---Forms and Checklists ... ............................... 18.0 Appendix 'E'---Resource—Emergency Plans for County of Simcoe and Province of Ontario ........ ............................... Revised June 2010 27 27 27 28 29 29 -30 30 31 32 33 34 35 36 37 38 Page 3 Page 74 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 TOWNSHIP OF ORO- MEDONTE EMERGENCY MANAGEMENT PROGRAM 1.0 PREAMBLE The Township of Oro - Medonte routinely attends to emergencies that require fire fighting, policing, ambulance and public works related response through our own resources or those provided by other levels of government. Large scale emergencies (such as chemical spills, plane crashes and natural errgencies — tornadoes, floods, etc.) can severely deplete available resources, req icing additional personnel, equipment and expertise. In cases such' tkt '' this Emerg Management Program may be implemented. g Y g 9 Y p nfa i!'• Response to a major emergency requires an assess entiutf the incident, effective determination of resources and efficient depid" ertif of thop "resources. The primary role of government in an emergency a$ to pride tilj ;;ibganizational framework within which the coordinated response uVilhitali�apethereby reducing the impact of the incident on the c1rizeas`of;the muhioip all ty, and returning to a state of normalcy as soon # $ pos' it'e This Plan outlines the roles and respons90 l.,ities of t; p, Township of Oro - Medonte, as well as other response agencies at the C t�1ty�;�rovincial and Private Sector Vn a li levels. 1.1 INTRODUCTION Emergencies are definecj'as situations or impending situations caused by forces of nature, accident or an irk ntional act that constitutes a danger of major proportions to life.and property. They affect public safety, meaning the health, welfare and property, as well as the environment and economic health of The Township 6f4Qro Mdonte. The Touvr of"'; ro-Medonte, situated in southern Ontario to the southeast of Georgian B and bordering Lake Simcoe, has a population of 21,000. The municip all Jp located on major road and rail corridors and is home to a developing regional airport. Due to"the proximity to dangerous goods transport routes and geographic location, the municipality has the potential for a great diversity of major emergencies. The municipality has established a committee for emergency planning and response. The committee comprises senior officials, department heads and representatives of selected agencies from throughout The Township of Oro - Medonte, Simcoe County and the Province of Ontario. Revised June 2010 Page 4 Page 75 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 1.1 INTRODUCTION (Continued) This Committee — "THE TOWNSHIP OF ORO- MEDONTE EMERGENCY PLANNING PROGRAM COMMITTEE" — is responsible for contingency planning, memorandums of understanding, mutual aid agreements and the implementation of the Township of Oro - Medonte Emergency Management Program, when required. The Plan makes provisions to provide a response to an emergency, the co- ordination of the actions of agencies involved in the emergency to erure an efficient response, the staffing and resource capabilities and Irffi lJpb of the Township are understood and that additional expertise and resources a be called upon if required. ''iill na An emergency plan in itself does not guarantee the ef�� � nt,`efifectiv0l`response to an emergency. It is a tool that assists the co T, unity's " "tespor)se "to an emergency. The Plan must be flexible enough to a� t'to akinermal emergencies and must be supported with: ;g 1. Adequate human resources, equipment anci' xpei�ise from the response agencies (it maybe necessary to li quire specialty equipment and assign and train the necessary response p'e�o�nel to adequately meet the required response capability); 2. Testing of the Plan ori regular basis; 3. Review of the Pla�ifollowing any incidents where it is implemented; 4. Familiarity of tl�,01'contents with Plan by potential users; 5. Awareness off'. sources available from heighbouring municipalities, other levels of govern iiint and the private sector, and for identifiable risks, development of the appropriate agreements for access to them. Revised June 2010 Page 5 Page 76 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 2.0 AIM The Aim of the Oro - Medonte Township Emergency Plan is to provide for the extraordinary arrangements and measures that may have to be taken to protect the health, safety and welfare of the inhabitants of the Township of Oro - Medonte when faced with an emergency. The Plan is also intended to increase the emergency response capability of the Township of Oro - Medonte by establishing a plan of action to efficiently deploy available emergency services. ' Ph 2.1 Key Terms Used in the Emergency Management Program (Alph �`igOrder) Agency On -Scene Commander (OSC) The person designated by each responding a bbcy r sS"bnding to the emergency responsible for managing th6.1 rlpyti pn =scene response operations in consultation and cogroJoatiorti, with the Emergency Site Manager and the Municipal Control Group ';;, Chief Operations Officer (COO) The Head of Council is. the Chief Operations Officer of the Municipal Control Group and as such will act ; as the coordinator of all Emergency Response activities from the, emergency Operations Centre. In the Township of Oro - Medonte Emer e uii ncy Plan, this responsibility may be is designated to the Fire Chief or of ;' m fnber of the Municipal Control Group. Command Post (CP) iunications/central control centre, from which the Emergency and Agency on -scene Commanders will manage on -site ;ommunicate with the Emergency Operations Centre and al communications centers. An emergency is defined as a situation, or the threat of an impending situation, abnormally affecting lives and property, which by its nature and magnitude requires a controlled and coordinated response by a number of agencies, distinct from routine operations. Revised June 2010 Page 6 Page 77 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 2.1 Key Terms Used in the Emergency Management Program (Continued) Emergency Notification System A telephone fan -out system initiated by the Township of Oro - Medonte Fire Department (through the Orillia City Base Dispatch) and/or the Communications Branch of the Ontario Provincial Police, Barrie District Headquarters, whereby, on implementation of the Emergency Plan, first responders and the Municipal Control and Support Groups, are notified V . immediately. i Emergency Operations Centre (EOC) Is a location having adequate space and proper. ,,; jor the purpose of controlling emergency operations? ii � h6 Iunicipal Control Group will meet at Emergency Operations Centre whi toted at the Township of Oro - Medonte Fire Department Headquarters IV#}��S5 I ine 4 North & ii i � i� i . , "; i Horseshoe Valley Road. An alternate EOaydc &tianiii�l bb the Township of Oro - Medonte Administration Offices.locatec( 148 nine 7 South (County Road 27). Emergency Site Manager (ESM) Member of the Ontario Provincial P' 1114 Qf ther agency as determined and designated by Municipal Control Grog o, responsible for organizing the emergency scene and coordinating the activities and resources of all agencies respond�Mg to the' he "emergency site. The Emergency Site Manager draws upon t,, equipment and personnel resources of all emergency response ager;Ycies ft tid if necessary, assistance from outside these agencies. Emergency Site Manager will continually liaise with Agency On- scene Comma Plpbp d communicate decisions to the Municipal Control Group. Municipal Control Group (MCG) Key department heads and officials at Township, County and Provincial levels who are responsible for coordinating all emergency operations required to minimize the effects of an emergency on the Township. The Group'has the authority to make decisions and implement actions on behalf of the Township and their respective agencies through the coordination of expertise, manpower, equipment and supplies. Municipal Support Group (MSG) Key department heads and officials at Township, County and Provincial levels who may be called to assist in emergency response operations required to minimize the effects of an emergency on the Township. The Group individually or collectively may be requested to attend the Emergency Operations Centre and become a member of the Municipal Control Group depending on the nature of the disaster. Revised June 2010 Page 7 Page 78 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 2.1 Key Terms Used in the Emergency Management Program (Continued) Public Information Officer (PIO) Revised June 2010 Page 8 Page 79 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 3.0 AUTHORITY The Emergency Management and Civil Protection Act R.S.O. 1990 (hereinafter called, 'The Act') is the legal authority for this emergency response plan in Ontario. The Act states that: Every municipality shall develop and implement an Emergency Mangement Program and the Council of the municipality shall by By -Law adopt the emergency management program. 2002, c. 14, s. 4 3.1 Declaration of an Emergency The Act further states that: The head of council of a municipality may decla> I� 9f. ata p »iergency exists in the municipality or in any pan` thereof and, may,,;; i rch action and make such orders as he or she considers necessa " nd a cep trary to law to implement the Emergency Manal 1 , o the JnunicipaGty and to protect property and the health, safety 660 welfare of the inhabitants of the emergency area. R.S.O. 1990, c E 9, s 4O���,{, ..i As enabled by the Emergency IVlanagement Act, this Emergency Management Program and its' elemegtslhave been: Issued under the aut ty o 14he Township of Oro - Medonte By -Law 2007 -138, and Filed with EmergehGli Management Ontario, Ministry of Public Safety and Security. Revised June 2010 Page 9 Page 80 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 UF 3.3 Township of Oro - Medonte Emergency Management Program Committee This Committee will oversea the ongoing maintenance of the Emergency Program and will meet on a semi - annual basis to review necessary updates to the plan, organize required statutory work and coordinate training. The Program Committee will consist of: • Mayor • Chief Administrative Officer (CAO) • Director, Corporate Services • Director, Development Services • Director, Finance Department • Director, Fire and Emergency Services • Deputy Fire Chief • Director, Recreation and Community SE • Director, Transportation and environme • Ontario Provincial Police (OPP) Dp#,h ma Definition of an Emergency The Emergency Management and Civil P define an emergency as: situation that constitutes a danger of major in sent,$ harm to persons or substantial damage to the forces of nature, a disease or other health risk, 'r intentional or otherwise tre (hereinafter known as the EOC) can be the purposes of managing an emergency, by nunity and supporting the emergency site. `An emo . men'cy plan formulated under section 3, 6 or 8 shall, (a) In the'case of a municipality, authorize employees of the municipality or, (b) l'n tie case of a plan formulated under section 6 or 8, shall authorize public servants to take action under the Emergency Management Program where an emergency exists, but has not yet been declared to exist. Revised June 2010 Page 10 Page 81 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 4.0 EMERGENCY NOTIFICATION PROCEDURES Upon receipt of a warning of a real or potential emergency, the responding department will immediately contact Orillia Fire Control (dispatch), to request that the notification system be activated. Upon receipt of the warning, Orillia Fire Control (dispatch) will notify all members of the Municipal Emergency Control Group (MECG). Upon being notified, it is the responsibility of all MECG officials to notify their staff and volunteer organizations. I Where a threat of an impending emergency exists, the M!�CG will be notf(t'd and placed on standby. 4.1 Requests for Assistance''���' Assistance may be requested from the cop yi . any time by contacting the Community Emergency Management CooFdinat ii,for tfie County of Simcoe. The request shall not be deemed to be a request that tf q, county assume authority ��yY and control over the emergency situatior`i,,± 4.2 A Declared Community Emergency The Mayor or design,, the the Township of Oro - Medonte, as the Head of Council, is responsibl,i for d'+claring an emergency. This decision is usually made in consultation with o 'embers of the MECG. Upon declaring `an erriergencY the Mayor will notify; ent Ontario, Ministry of Public Safety and Security 3.:'C 'htyWarlden, as appropriate 5 Neiglibounng community officials, as required 6. Local Member of the Provincial Parliament (MPP) 7. „Local Member of Parliament (MP) Revised June 2010 Page 11 Page 82 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 4.2 A Declared Community Emergency (Continued) Revised June 2010 Page 12 Page 83 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 5.0 MUNICIPAL EMERGENCY CONTROL GROUP (MECG) 5.1 Emergency Operations Centre (EOC) and Alternate Operations Centre (AOC) The MECG will report to the Emergency Operations Centre located at Oro - Medonte Township Offices at 148 Line 7 South. In the event that this operation centre cannot be used, then the alternate location will be The Township of Oro - Medonte Fire Station No. 3 located at 3375 Line " "A North 5.2 Municipal Emergency Control Group (MECG) HiI it The emergency response will be directed and controlled by the Municipal Emergency Control Group (MECG) — a group of officia11�, ho are responsible for coordinating the provision of the essential services ned ssar -11I6 minimize the effects of an emergency on the community, 'Nil The MECG consists of the following of(icls,ls 1. Mayor of the Township of Ord�rVledonte, p� alt4 2. Chief Administrative Officer, o'Plijo)ternate111.11j 3. Township Clerk; 4. Detachment Commander — OPP, or alteernate; 5. Fire Chief, or alternate (-EMC); 6. Public Works, representative, or alternate; 7. Director, B odo and Planning 8. Emerge nc11 nformhon Officer; 9. Telecommunicl ions Coordinator Additional personnel called or added to the MECG may include; 10 C Oqnty Emergency Planning Representative(s) 11,C Social Services Representative; 12 County Paramedic Services (EMS) Representative; 13' [District Health Unit Representative; 14. bounty Emergency Management Unit Representative; 15 Emergency Management Ontario Representative; 16. Conservation Authority Representative(s) 17. Liaison staff from provincial ministries; Ministry of Environment, etc.; 18. Utilities representative(s) if required and available; any other officials, experts or representatives from the public or private sector as deemed necessary by the MECG. The MECG may function with only a limited number of persons depending upon the emergency. While the MECG may not require the presence of all the people listed as members of the control group, all members of the MECG must be notified. Revised June 2010 Page 13 Page 84 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 5.3 Operating Cycle Members of the MECG will gather at regular intervals to inform each other of actions taken and problems encountered. The Chief Administrative Office (CAO) will establish the frequency of meetings and agenda items. Meetings will be kept as brief as possible thus allowing members to carry out their individual responsibilities. The CAO's Assistant will maintain status board and maps and which will be prominently displayed and kept up to date. 5.4 Municipal Emergency Control Group Responsibilities ;�Ij The members of the Municipal Emergency Control Group (MECG) likely to be responsible for the following actions or decision • Calling out and mobilizing their emergencyiig agency and equipment n I'y ��;,jlllil • Coordinating the response from their ind ensuring that any actions necessary for the mitigatioh of efts of the emergency are taken, providedl,lhey�;re `;!12, At l contrary to law; • Determining if the location an. Icom p oit n o:,l he MECG are 1jr i. Ii. appropriate; � � • Advising the Mayor as to whet, 4 the dec, a �aration of an emergency is recommended; • Advising the Mayor as..to whether the declaration of an emergency is recommended, • Ensuring thatl'n Emergency Site Manager (ESM) is appointed V • Ensuring suport tQ,the ESM by offering equipment, staff and resources, a xegdired • Ordering, co tin and /or overseeing the evacuation of inhabitants considered to be i 1 ianger; • Discontinuing utilities or services provided by public or private concerns,`'.e. hydro, water, gas, closing down a shopping plaza/mail; • Arranging for services and equipment from local agencies not under gamn unity'control i.e. private contractors, industry, volunteer agencies, service clubs; Notifying, requesting assistance from and /or liaison with various levels of government and any public or private agencies not under community control, as considered necessary; +' Determining if additional volunteers are required and if appeals for volunteers are warranted and coordinating the registration and deployment of volunteers; • Determining if additional transport is required for evacuation or transport of persons and /or supplies • Ensuring that pertinent information regarding the emergency is promptly forwarded to the Emergency Information Coordinator and Citizen Inquiry Supervisor, for dissemination to the media and public; Revised June 2010 Page 14 Page 85 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro- Medonte Emergency Management Program 2010 5.4 Municipal Emergency Control Group Responsibilities (Continued) • Determining the need to establish advisory groups and /or sub- committees /working groups for any aspect of the emergency including recovery; • Authorizing expenditure of money required dealing with the emergency; • Notifying the service, agency or group under their direction,, of the termination of the emergency; gl • Maintaining a log outlining decisions made and actions tak''n, and submitting a summary of the log to the Chief AdmmisfYativq; officer within one week of the termination of the emergency, as regUixed; • Maintaining services to the community outsidbk;Qf the affected area; • Participating in the debriefing following thelOrer�gncy pl' N . W i i fi �i ill i i r i it l!y Revised June 2010 Page 15 Page 86 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 6.0 EMERGENCY RESPONSE SYSTEM (The individual responsibilities of the Municipal Emergency Control Group) 6.1 Mayor or Designate The Mayor or Designate is responsible for: • Providing overall leadership in responding to an emergency;''�l4 • Declaring an emergency within the designated area, Declaring that the emergency has terminated (Council"' o'I"111110, RI' vince • may also terminate the emergency); RI „ • Notifying Emergency Management Ontario of the;;Ministry of PubUr Safety an and Security of the declaration of the emergent.,, 'd termma ion of the � emergency; ,;,; • Ensuring that members of council are adV +,ed of the;�eclte ion and termination of an emergency, and are kepi (nfdrmd;;r emergency situation; • Ensuring that the Warden of Simd Couri"NI is riq #'fled. 6.2 Community Emergency Management Q'bordinat�r The Community Emergency Managementdgrl ltor'or alternate (CEMC) is responsible for: • Activating and ap�rig�ng the Emergency Operations Centre; • Ensuring that " curity is in place'for the EOC and registration of MECG members;';('n" ; .I • Ensuring hat all m fibers of the MECG have necessary plans, resources, • Providing advice and: clarification about the implementation details of the Emergency Response Plan; • Supervising the Telecommunications Coordinator; • Ens�anng <liaison with community support agencies (e.g. St. John Ambulance, Canadian Red Cross); • Ensuring that the operating cycle is met by the MECG and related documentation is maintained and kept for future reference; • Addressing any action items that may result from the activation of the Emergency Response Plan and keeping MECG informed of implementation needs; • Maintaining the records and logs for the purpose of debriefings and post - emergency reporting that will be prepared. Revised June 2020 Page 16 Page 87 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 6.3 Chief Administrative Officer (CAO) The Chief Administrative Officer for the Township of Oro - Medonte is responsible for: • Activating the emergency notification system through Orillia Fire Control (dispatch), if required; • Ensuring liaison with the OPP Detachment Commander regarding security arrangements for the EOC; • As the Operations Officer, coordinating all operations within t4 � n, Emergency Operations Centre, including the schedulin of I r meetings; • Advising the Mayor on policies and procedures, as appropriate; • Approving, in conjunction with the Mayor, major Anouncements an d media releases prepared by the Emergency 161p niatign Coordinator, in consultation with the MECG; IM ' "' • Ensuring that a communication link is este ;jisl�, ed be eeb the MECG and the Emergency Site Manager (ESM); iu �1IIii: '��' • Calling ut additional township st ,0 ' � 1.: g p �# prori �,Ssistance, as required. 6.4 Ontario Provincial Police Detach The Detachment Commander is responsib'e • Notifying necessary emergency and community services, as required; • Depending on th� of tho emergency, assigning the Site Manager and inform thei,IECG� Establishin ari''' din communications link with the senior Ontario • g 4ii�� 9 Provincial Police O,ficial at the scene of the emergency; • Establishing the mne�r perimeter within the emergency area in a Police -led • tstabllshing the outer perimeter in the vicinity of the emergency to facilitate the movement of emergency vehicles and restrict access to all but essential emergency personnel; • Pe I iding traffic control staff to facilitate the movement of emergency ehictes; • Alert ing persons endangered by the emergency and coordinating evacuation procedures; • Liaison with the Social Services Representative regarding the establishment and operation of evacuation and reception centres; Revised June 2010 Page 17 Page 88 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 6.4 Ontario Provincial Police Detachment Commander (Continued) • Ensuring the protection of life and property and the provision of law and order; • Providing police service in EOC, evacuee centres, morgues and other facilities, as required; • Notifying the coroner of fatalities; • Ensuring liaison with other community, provincial and federal.: police agencies, as required; 6.5 Director of Fire & Emergency Services (Fire Chief) The Director of Fire & Emergency Services is responsibI6,,,(or: F!'' • Activating the emergency notification system thr�'6gh l X 061 #6 Fire Control (dispatch); r „ 1jigp • Role of Community Emergency Mana emoit G�odtdIrior, • Providing the MECG with informatfQY "'nd,adiiic on firefighting and rescue matters; • Depending on the nature of the emergency, assigning the Site Manager and informing the MECG, • Establishing n on oin `' g g g_communicatidhsiilunk with the senior fire official at the scene of the emergency; • Informing the Muttjal Aid Fire„ Coordinators and /or initiating mutual aid T Q arrangements fo e provision of additional firefighters and equipment, if needed; 41 �h • Determining if al or special equipment is needed and recommendin le sources of supply, e.g. breathing apparatus, • Providing assistance to other community departments and agencies and being prepared to take charge of or contribute to non -fire fighting operations if necessary, e.g. rescue, first aid, casualty collection, • Providing an Emergency Site Manager, if required. Revised June 2010 Page 18 Page 89 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 6.6 Director of Environmental and Transportation Services The Director of Environmental and Transportation Services is responsible for: • Providing the MECG with information and advice on engineering and public works matters; • Depending on the nature of the emergency, assigning the Site Manager and informing the MECG: • Establishing an ongoing communications link with the senior public works official at the scene of the emergency r' • Ensuring liaison with public works representatives from r igf ,b wring communities to ensure a coordinated response; • Provide engineering assistance; • Ensuring construction, maintenance and repair�;o to'vl'rnship roads, • Ensuring the maintenance of water systems, • Providing equipment for emer emergency 9 g y pumppg,op.eratjons:° • Ensuring liaison with the fire chief concern In emergency water supplies for fire fighting purposes; • Providing emergency potable wai;r, supplied aric sanitation facilities to the requirements of the Medical Cdit#icer of He'lth; • Discontinuing any public works serf; i e to an' resident, as required, and restoring these services when appropriate; • Ensuring liaison with public utilities to disconnect any service representing a hazard and /or tgiiarrange for the provision of alternate services or functions, • Providing pufylc;' worl,,�4Iwehicles and equipment as required by any other emergency se • Ensuring Raison wita;;the conservation authority regarding flood control, conservation and envrpnmental matters and being prepared to take preventative action. Revised June 2010 Page 19 Page 90 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 7.0 SUPPORT AND ADVISORY STAFF The following staff may be required to provide support, logistics and advice to the MECG; 7.1 CAD's Administrative Assistant(s) The CAO's Administrative Assistant(s) is responsible for: • Assisting the Chief Administrative Officer, as required, • Ensuring that all important decisions made and actions takers, the MECG (Municipal Emergency Control Group) are recorded; '! • Ensuring that maps and status boards are kept u0, to date; • Providing a process for registering MECG mertibers and maintaining a MECG member list; • Notifying the required support and advisory.,s f, of'th eiilp gency, and the location of the Emergency Operations Cete • Initiating the opening, operating ar)#~ �'af i o witchb" and at the i� community offices, as the situatidd dictated �� , nd�1' ,nsuring operators are informed of MECG members' teleahone nuers in the EOC; • Assuming the responsibilities of the Citizen , 'quiry Supervisor; • Arranging for printing of material, as dtitije i 4 ; • Coordinating the provision of clerical staff to assist in the Emergency Operations Centre�,,'s required; • Upon direction by #fie Mayor, arranging special meetings of council, as required, and �dvisingp member6 bf council of the time, date and location of the meeting • rrocuring -staff to s ist, as required. 7.2 Legal Services Township purchases its Legal assistance using law firms with 1. various disciplines of municipal affairs. The Legal Services Representative is responsible for: • Providing advice to any member of the Municipal Emergency Control Group on matters of a legal nature as they may apply to the actions of the Township of Oro - Medonte in its response to the emergency, as requested. Revised June 2010 Page 20 Page 91 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 7.3 Director of Finance The Director of Finance is responsible for: • Providing information and advice on financial matters as they relate to the emergency; • Ensuring liaison, if necessary, with the Treasurer's /Directors of Finance of neighbouring communities; • Ensuring that records of expenses are maintained for future 4aim purposes; • Ensuring the prompt payment and settlement of all legitiriiate lnoices and claims incurred during an emergency. ip 7.4 Purchasing Agent Reporting to the Director of Finance, the PurchASing Agent' is responsible for: • Providing and securing of equipment an'd supplies not owned by the Township of Oro- Medonte; gip, a • Ensuring liaison with purchasing 2tgents of the neighbouring communities, if necessary; Ih,� • Maintaining and updating a list of all''Vdnd( �fs (including 24 hour contact numbers) who may be, required to provide supplies and equipment_ 7.5 Manager of Health an,d',Safety and; Human Resources Pi r! The Manager of Healt�!;an4ii'Safety and Human Resources is responsible for: • Coordinating and prd0` ssing requests for human resources; • Coordinating off of, .and appeals for, volunteers with the support of the appropriate site(s) for the registration of human ng records of human resources and administrative detail, that may financial liability, are completed; rig that a Volunteer Registration Form is completed, when :ers are involved and a copy of the form is retained for Town Ensuring identification cards are issued to volunteers and temporary employees, where practical; Arranging for transportation of human resources to and from site(s); Obtaining assistance, if necessary, from Human Resources Development Canada, as well as other government departments, public and private agencies and volunteer groups. Revised June 2010 Page 21 Page 92 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro- Medonte Emergency Management Program 2010 7.6 Director of Recreation and Community Services The Director of Recreation and Community Services is responsible for: Revised June 2010 Page 22 Page 93 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 1 8.1 TOWNSHIP OF ORO- MEDONTE EMERGENCY SUPPORT GROUP The agencies listed in this section provide key services to our community on an ongoing basis, but are not under the control of the Township. Depending on the scale and timeframes involved in an emergency, they may or may not have direct representation at our Emergency Operations Centre. For example, if the County of Simcoe also were to declare an emergency, our contact with the County agencies and requests for assistance would go through the County of Simcoe Emergency Operation Centre and then back to us. SMDHU Medical Officer of Health The Medical Officer of Health may provide such serviceq • Ensuring liaison with the ambulance service representatives; • Providing advice on any matters, which may adversely affect public health; • Providing author, instructions on health and safety matters to the public through he Err),e Information Coordinator; • Coordinating they re `Obnse to disease related emergencies or anticipated emergencies suc epidemics, according to Ministry of Health and Long Term Care policies, L ,.. • Ensuring liaison with voluntary and private agencies, as required, for augmenting and coordinating public health resources; • nsunrtig coordination of all efforts to prevent and control the spread of d sease'tluxir an emergency; • NQt�fying the Public Works representative regarding the need for potable Water supplies and sanitation facilities; • Esur in' g liaison with Social. Services representative on areas of mutual concern regarding health services in evacuee centres. • Acting as a coordinating link for all emergency I��alth'servico,'at the MECG• • Ensuring liaison with the Ontario Ministry�ofie'atf1 and, Long Term Care, �,. Public Health Branch; • Depending on the nature of the a brgenC I sp Mooing the Site Manager ,;1 and informing the MECG, • Establishing an ongoing commurnc ions lin'T v►rith senior health official at the scene of the emerge'hcy Revised June 2010 Page 23 Page 94 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 8.1 SMDHU Medical Officer of Health (Continued) • Liaison with Canadian Red Cross on areas of mutual concern regarding health services in evacuee areas which include: 1. Food Safety 2. Counselling of victims 3. General safety and sanitation , iA 4. Accommodation standards 5. Air monitoring;. 6. Ensuring that continuing home care, as required, i'fQ for those victims who are relocated to other areas and not Ij tie hospital. 8.2 Simcoe County Social Services Representative The Senior Social Services Representative may`pri�rdespiuiees'such as: • Ensuring the well -being of f'esidentsl' ho h ve been displaced from 4u 4 p their homes by arranging e� ergency �4d clothing, feeding, registration and inquiries ai 1 �,d l person ;l�services; • Supervising the opening and''00pexraN01 of temporary and /or long term evacuee .On #res and ensuring that they are adequately staffed; • Ensunng,�l,01 on with the police chief with respect to the pre - designq)io'n of evacuee centres which can be opened on short notice, • Liaison witN J; Medical Officer of Health on areas of mutual concern regge.1ng operations in evacuee centres; • Liaison }with the - unicipal Control Group with respect to the pre - designation of evacuee centres which can be opened at short • Ensuring that a representative of the Simcoe County Board of Education and/or Separate School Board is /are notified when facilities are required as evacuee reception centres and that staff and volunteers utilizing the school facilities take direction from the Board representative(s) with respect to their maintenance, use and operation; • Making arrangements for meals for the staff /volunteers at the EOC and the Site. Revised June 2010 Page 24 Page 95 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 8.3 County of Simcoe Paramedic Service Representative The County of Simcoe Paramedic Service Representative provides such services as: • Ensuring emergency medical services at the emergency site; • Depending on the nature of the emergency, assigning the Site Manager and informing the MECG; • Establishing an ongoing communications link with the senior CMS official at the scene of the emergency; g Y, • Obtaining EMS from other municipalities for support, if rgiro! • Advising the MECG if other means of transportation is required foqlarge scale response; • Liaising with the Ministry of Health and Long Ta m bAre Central Ambulance Communications Centre to ensure f lancedreM rgency coverage is available at all times throughb ut the community'" • Ensuring liaison with the receiving hos itai T!�, • Ensuring liaison with the Medical Qlfid i't�f,H+��lth, as required. 8.4 Utilities: Hydro One, Bell Canada, Enokidge Gas' ' Gas Note: The utilities and the supporting infrastruotrrres that supply our community do not come under the control of.: the Township. During some emergencies, representatives of these prganvzagons may be available to the MECG for the 1 purpose of consultation;and restoration of services. It is most likely that our contact with them w►ll,Fbe cogoucted remotely, especially in the case of an emergency spanning mMrellf an one municipality. During an emergency,.our expectation of performance for our servicing utilities is that they will strive to: • 'Maintain their respective infrastructure in the area to the best of their abilities PIT Respond as required to restore service in a timely fashion; • Asslstiemergency response agencies by providing up to date information at!our Emergency Operations Centres, Command Posts, Media Centres, acid Evacuee centres, etc. • Ensure that their internal communications systems are operational; • " Work in conjunction with Township of Oro - Medonte personnel in restoration procedures; • Ensure internal staffing availability; • Coordinate response with all department(s) /agencies involved. Revised June 2010 Page 25 Page 96 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 8.5 Hospitals (Royal Victoria; Orillia Soldier's Memorial; Huronia District; Penetanguishene General; South Muskoka Memorial; Huntsville District Memorial Hospital) During an emergency where an influx of ill or injured may be expected to seek emergency medical attention, our local hospitals would normally be expected to ramp up to meet the emerging needs by: • Implementing the approved Hospital Emergency Plan, • Ensuring liaison with the Medical Officer of Health and local arilbulance representatives with respect to matters of provision of 14 O 9 a� end medical services, as required; • Evaluating requests for the provision of medical s to teams /medicali!''triage teams; • Ensuring liaison with the Ministry of Health and Etbrag rm i re, as appropriate. I !' 8.6 Simcoe County District School Board gf!fEdUoatlo and Simcoe Muskoka Catholic School Board I NV I The Simcoe County District School Board Education and Simcoe Muskoka Catholic School Board are responsible for'i'bi op oration of elementary and secondary schools within Simcoe County in general and the Township of Oro - Medonte. Depending upon the nature oj: the emergency, the Simcoe County District School Board and Simcoe Muslokal!' atholic School Board are responsible for: • Activating approved' Bp,ard plans for the protection and maintenance of Revised June 2010 Page 26 Page 97 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 9.0 EMERGENCY SITE MANAGEMENT In the case where a declared emergency has a defined area within which the most severe effects of an emergency are located, it will be normal procedure for an Emergency Site Manager (ESM) to be appointed. The Emergency Site Manager will, in most cases, be the most senior available representative from the Department or Agency most directly involved, with the mitigation and restoration of the emergency site. E.g. In case of a fire; „or hazardous materials incident, it would be normal to expect that the Eimergency Site Manager would be a senior member of the Fire and EmeheY Services Department. In the case of an infrastructure failure such as a road or bra,,,' collapse, however, it may be the Superintendent of the Public Works Department in overall control of the scene. This designated individual will work with the on ,sl, represer~tatjres'`of all other agencies working in the affected area to coordingilt¢ all'Wor, a,�td ensure the most efficient resolutions of the incident using the pnncip'lee of oui' Incident p Management System. IG N�n d 9.1 Relationship between MECG and Eme�e'cency Sr Manager (ESM) ,I � iil, Depending on the nature of the emergency, an once the ESM has been assigned, the MECG relationship with the ESM is to offer support with equipment, staff and other °resources, as required. The MECG will also” isure tl'at the rest of the community maintains municipal services. 9.2 Relationship between Emergency Site Manager (ESM), and Responding Incident. Comm9nders and control structures of emergency responders The senior representative for each emergency responder e.g. (police, fire, EMS, li: public works) at the site will consult with the Emergency Site Manager, so as to offer a coordinate and effective response. Regular briefings will be held at the site and:chaired by the Emergency Site manager, so as to establish the manner and process by which response to the emergency will be provided. Revised June 2010 Page 27 Page 98 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 10.0 EMERGENCY TELECOMMUNICATIONS PLAN Upon implementation of the Emergency Response Plan, it will be important to ensure that communications are established between the emergency site(s) and the EOC. Also, communications may be required at various locations including evacuation centres, hospitals and other key responding agencies. The Emergency Telecommunications Coordinator is part of the initial,, Emergency Notification Procedure who in turn will call upon their contacts for further communications support, as required. I l Will Revised June 2010 Page 28 Page 99 of 365 II Ip 'll I lyl Il' Y P1 I� I a 'AI ' :Tlih la 1 is I II�I� I l l Ali Revised June 2010 Page 28 Page 99 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 11.0 EMERGENCY INFORMATION PLAN Upon implementation of this Emergency Response Plan, it will be important to coordinate the release of accurate information to the news media, issue authoritative instructions to the public and respond to or redirect individual requests for, or reports on, information concerning any aspect of the emergency. In order to fulfill these functions during an emergency, the following Positions will be established: 1. Emergency Information Officer; 2. Community Spokesperson; and 3. Citizen Inquiry Supervisor Gs. Depending on the nature of the emergency, it may be' h'�cess�ry to Atablish a Media Information area adjacent to the emergency site, a eciae y MECG. ye This area, if established, will be staffed as deter" 6d!4he .1 I Spokesperson. "i l The Citizen Inquiry Section is located irill,lithe Emergency Information Centre, under the supervision of the Social ServiO, Representative. 11.1 Emergency Information Officer The Emergency Informatloon Officer reports to the Chief Administrative Officer (CAO) and is responsiPiie for, Establishing a co . 11 Citizen I nunication link with the Community Spokesperson, the nquiry Supeh{�sor and any other media coordinator(s) (i.e. provmcial, federAl, private industry, etc.) involved in the incident, ensuring that all information released to the media and public is timely, full and accurate; Ensurmg,thatfhe Emergency Information Centre (EIC) is set up and s #affetl and a site EIC, if required; Ensuring liaison with the MECG to obtain up to date information for media releases, coordinate individual interviews and organize press conferences; Revised June 2010 Page 29 Page 100 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 11.1 Emergency Information Officer (Continued) • Ensuring that the following are advised of the telephone number of the Media Information; 1. Local Media — Radio, TV Stations, Local Cable Company, Newspapers; 2. Municipal Emergency Control Group 3. Switchboard (Township and Emergency Services); 4. Community Spokesperson 5. Police Public Relations Officer; 6. Neighbouring Communities 7. Citizen Inquiry Supervisor; !: 8. Any other appropriate persons, agencies, or Ni sinesses • Providing direction and regular updates ensure that the most accurate and up to to the public; • Ensuring that the media releases. Eire ap Officer (in consultation with the IV�yor) distributing hard copies of the med),relE Citizen Inquiry Supervisor-, nd other , py the media; V Supervisor to disseminated ley, the Chief Administrative iis'semination, and the EIC, the MECG, s handling inquiries from • Monitoring news coverage, and correcting any erroneous information; • Maintaining cop,ie ..'bf media'releases and newspaper articles pertaining to the emer iencv,'.' 11.2 Community The Community Spokespersoh will be appointed by the Municipal Emergency Control Group and is'respohsible for: Giving interviews on behalf of the Township of Oro - Medonte Council; Establishing °a communication link and regular liaison with the Emergency Information Officer (EIO) at the Emergency Operation Centre (EOC); Redirecting all inquiries about decisions made by the MECG and about the emergency as a whole, to the Emergency Information Officer (EIO); Coordinating media reporting e.g. (video, photographic) sessions at the scene when necessary and appropriate; Coordinating on -scene interviews between the Emergency Services personnel, supporting resource agencies and the media. Revised June 2010 Page 30 Page 101 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 11.3 Citizen Inquiry Supervisor The Citizen Inquiry Supervisor is responsible for: • Establishing a Citizen Inquiry Service, including the appointment of personnel and designation of telephone lines; • Informing the Emergency Information Officer of the establishment of the Citizen Inquiry Service and designated telephone number(s);,, • Informing the affected emergency services, the MECG and T&Vnship switchboards of the establishment of the citizen Inquiry Service; and 1u designated telephone numbers; • Ensuring liaison with the Emergency Information Officer (EIO) td obtain current information on the emergency; • Responding to and re- directing inquiries and r0` orts from the public based upon information from the Emergency Informa ti dnOffier (Such N MI information may be related to the closing �#;schoo §I;public access routes or the location of evacuee centres.); • Responding to and re- directing mquin s i "ing to the investigation of the emergency, fatalities, injuries, r matte f��of personnel involved with or affected by the emergency to the.ppropriat emergency service; • Responding to and re- directing inquires pertaining to persons who may be located in evacuation and�reception ceh the registration and inquiry telephone number(s), • Procuring staff to assist, as required. l ! i U l:. Revised June 2010 Page 31 Page 102 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 12.0 DISTRIBUTION LIST 1. Mayor of the Township of Oro - Medonte 2. Chief Administrative Officer (CAO) 3. Clerk 4. Emergency Management Coordinator (EMC) and all alternates 5. Ontario Provincial Police (OPP) Detachment Commander 6. Director of Environmental and Transportation Services and altalternates 7. Medical Officer of Health, 8. County of Simcoe Social Services Representative 9. County of Simcoe Paramedic Services u,i, „ !,, 10. Emergency Information Officer (EIO) 11. Telecommunications Coordinator 12. Emergency Management Ontario —Lakes Sector 13.Simcoe Muskoka District Health Unit 14.Amateur Radio Emergency Services (AR;E,S.) Revised June 2010 Page 32 Page 103 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro- Medonte Emergency Management Program 2010 13.0 UPDATES AND AMENDMENTS Original Plan: Plan Adoption: Rewrite and Update: Rewrite and Update: November 2004 March 2005 October 2007 June 2010 Revised June 2010 Page 33 Page 104 of 365 ^II 5 .. it I AP II Revised June 2010 Page 33 Page 104 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 14.0 APPENDIX `A' —LEGAL DOCUMENTS 3.0 The Emergency Management and Civil Protection Act R.S.O. 1990 Bill 148 an Act to provide for declarations of death in certain circumstances and to amend the Emergency Plans Act (Royal Assent November 19, 2002) of 3.1 Township of Oro - Medonte By -Law 2007 -138; and Filed wife Emergency Management Ontario, Ministry of Public Safety and Security. c� r Revised June 2010 Page 34 Page 105 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 15.0 APPENDIX `B' - CONTACT LISTS 1. EMERGENCY MANAGEMENT PROGRAM COMMITTEE/ MUNICIPAL EMERGENCY CONTROL GROUP / POSSIBLE ADDITIONAL PERSONNEL 2. ONTARIO PROVINCIAL POLICE DETACHMENTS 3. EMERGENCY COMMUNITY CONTROL GROUP (CONFIDENTIAL CONTACT INFORMATION) 4. COUNTY AND PROVINCIAL SUPPORT AGENCIES / LOCAL{ ,,,_ T TES t it ,i ' , i 5. SIMCOE MUSKOKA DISTRICT HEALTH UNIT / HOSPITALS b 6. ROADS / PLOWS / LAKE SIMCOE REGIONAL AIRPORT1. BY -LAW OF' FICERS li 7. ORO- MEDONTE FIRE & EMERGENCY SERVICES 4F,, u Ift�' "STATI hi ISIS r ! 8. MEDIA CONTACTS 9. ORO- MEDONTE SCHOOL LOCATIONS 10.ORO- MEDONTE PUBLIC HALL LOCA NS 11. SIMCOE COUNTY FIRE DEPART MEN i;lr 12. EMERGENCY MANAGEMENT ONTARIO 63y. d CTOR 13. MUNICIPAL COMMUNITY EMERGENCY MANAGEMENT COORDINATORS (CONFIDENTIAL CON,ACT INFORMATION) ," i I I; Revised June 2010 Page 35 Page 106 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 16.0 APPENDIX `C' — MAPS 1. Map of Oro - Medonte 2. Fire Station Map of Oro - Medonte 3. Access Routes for Municipal Addressing System — Oro - Medonte., :Fire & Emergency Services "' j4 ,.:: ; C� (I gifll.0 Revised June 2010 Page 36 Page 107 of 365 'I� u dp,. I II olio I li V. a; ;T i ' . Revised June 2010 Page 36 Page 107 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 17.0 APPENDIX `E' - FORMS AND CHECKLISTS 1. DECLARING AN EMERGENCY 2. FORM — TOWNSHIP OFORO- MEDONTE/DECLARATION OF EMERGENCY 3. EMERGENCY CONTROL GROUP WORKSTATION KITS, CHECKLIST AND COMPONENTS OF AN ECG MEETING 4. REPORTING PROCEDURE FOR COMMUNICATIONS T"Nll 5. EMERGENCY RESPONSE PROCESS OVERVIEW Revised June 2010 Page 37 Page 108 of 365 9k) - Richard Playfair, Director of Fire & Emergency Services,... The Township of Oro - Medonte Emergency Management Program 2010 18.0 APPENDIX `E' - RESOURCE DOCUMENTS 1. SIMCOE COUNTY EMERGENCY MANAGEMENT PROGRAM 2. PROVINCE OF ONTARIO EMERGENCY MANAGEMENT PROGRAM I 1 II I��illl I j I j f p Pj{ I : 1 {. I� n, ilr I I;i I II i. li�l� i i ulll IG14111 la;,� I } I bl1 � I llp Revised June 2010 Page 38 Page 109 of 365 91) - Robin Dunn, Chief Administrative Officer, correspondence dat... The City of City Clerk's Office E COUNCIL DIRECTION MEMORANDUM TO: Director of Economic, Strategy and Development City Clerk FROM: Dawn McAlpine, City Clerk DATE APPROVED BY COUNCIL: June 14, 2010 10 -G -252 LAKE SIMCOE REGIONAL AIRPORT BOARD OF DIRECTOR APPOINTMENTS 1. That the following two (2) nominees be appointed as Directors to the Lake Simcoe Regional Airport Inc. as required by section 3.1 of the new Lake Simcoe Regional Airport Agreement (attached as Appendix "A" to Staff Report ED0005- 10) for a term to expire on November 30, 2010: a) Jeff Lehman — Councillor, City of Barrie; and b) Michael Prowse — Councillor, City of Barrie. 2. That the following three (3) nominees be appointed as Directors to the Lake Simcoe Regional Airport Inc. as required by section 3.1 of the new Lake Simcoe Regional Airport Agreement (attached as Appendix "A' to Staff Report ED0005- 10) for a term to expire on January 31, 2011: a) Jon Babulic — CAO, City of Barrie; b) Hany Kirolos — Director, Strategy and Economic Development, City of Barrie; and C) Shawn Murray — citizen representative. (ED0005 -10) (File: C06) Direction: Director of Economic, Strategy and Development - advise City Clerk - Charlene - note Page 110 of 365 91) - Robin Dunn, Chief Administrative Officer, correspondence dat... The City of STAFF REPORT ED0005 -10 Page: 1 �RW E June 7, 2010 Fite: Pending #: TO: GENERAL COMMITTEE SUBJECT: LSRA Board of Director Appointments PREPARED BY AND KEY H. Kirolos, Director, Strategy and Economic Development CONTACT: f SUBMITTED BY: H. KIROLOS, DIRECTOR, STRATEGY AND ECONOMIC DEVELOPMENT CHIEF ADMINISTRATIVE JON M. BABULIC, CHIEF ADMINISTRATIVE OFFICER OFFICER APPROVAL: RECOMMENDED MOTION 1. That the following two (2) nominees be appointed as Directors to the Lake Simcoe Regional Airport Inc. as required by section 3.1 of the new Lake Simcoe Regional Airport Agreement (attached in Appendix A) for a term to expire on November 30, 2010: a) Jeff Lehman —Councillor, City of Barrie b) Michael Prowse — Councillor, City of Barrie 2. That the following three (3) nominees be appointed as Directors to the Lake Simcoe Regional Airport Inc. as required by section 3.1 of the new Lake Simcoe Regional Airport Agreement (attached in Appendix A) for a term to expire on January 31, 2011. a. Jon Babulic — CAO, City of Barrie b. Hany Kirolos — Director, Strategy and Economic Development, City of Barrie C. Shawn Murray— citizen representative PURPOSE & BACKGROUND 3. The purpose of this staff report is to recommend individuals to act as Directors of the Lake Simcoe Regional Airport Inc. for a term expiring on January 31, 2011. 4. A new Governance Model for the LSRA was approved by Council on November 23, 2009. Council approved the creation of a municipal services corporation to operate the airport. A municipal services corporation is managed by a Board of Directors. The shareholders of the Lake Simcoe Regional Airport Inc. (being the City of Barrie and Township of Oro - Medonte) are responsible for electing directors to the Board of Directors. 5. Under the previous Governance Agreement, each member (the City of Barrie and the Township of Oro - Medonte) was entitled to appoint three (3) representatives, generally referred to as commissioners. The City of Barrie's representatives were: J. Lehman, M. Prowse and P. Mulrooney (deceased, replaced by H. Kirolos). They were appointed by By -law Number 2007 -008 for a term ending November 30, 2010. They met once per month, then ten times per year. Page 111 of 365 91) - Robin Dunn, Chief Administrative Officer, correspondence dat... The City of STAFF REPORT ED0005 -10 Page: 2 B r June 7, 2010 File: L �..� Pending #: 6. Under the new municipal services corporation, the Board of Directors is to consist of (7) directors, five (5) directors of the Board shall be appointed by the City of Barrie and two (2) directors of the Board shall be appointed by the Township of Oro - Medonte. 7. Each respective appointing Council, can at their own discretion replace their representative director at any time. The Council of each Party shall endeavour to make their appointments to the Board on a rotating basis for a term of two (2) years. 8. In the event of a vacancy occurring to a Board seat, the Council with the vacant position shall appoint a new director to fill that vacancy forthwith, but only for such length of time necessary to enable the new director to complete the term of the previous director. 9. Each director may be eligible for reappointment provided that no director shall serve for more than three (3) consecutive terms. 10. The positions of the offices of the President, Vice President and Secretary- Treasurer shall be elected by the Board annually. Initially, legal representatives from Barrie and Oro - Medonte will be Co- presidents to facilitate the election of the President, Vice President and the Secretary- Treasurer by the Board of Directors. 11. The current two Councillors that have represented the City of Barrie on the Lake Simcoe Region Airport Commission are recommended to become Directors of the new Corporation for a term that would expire at the end of this term of Council. The remaining three (3) nominees will represent Barrie on the LSRA Inc. Board of Directors for a term expiring January 31, 2011. These members may be reappointed for no more than three (3) consecutive 2 year terms. On or before January 31, 2011, Staff will recommend to the newly elected Council a list of nominees for a two year term to the LSRA Inc. Board of Directors to commence January 31, 2011. 12. The Township of Oro - Medonte has appointed Councillor John Crawford and Len Leach to the Lake Simcoe Regional Airport Inc. Board of Directors for the balance of the current Council term. ANALYSIS 13. A newly elected Council is to take office effective December 1, 2010. It is proposed that the Council members of the Board of Directors of the Lake Simcoe Regional Airport Inc. will serve for the balance of the current term of Council and the remaining Directors until January 31, 2011. To ensure continuity from the previous LSRA Commission during the transition to a municipal services corporation, previous Commission members Jeff Lehman, Michael Prowse, and Hany Kirolos have been nominated to be included on the new Board. Also included is Mr. Jon Babulic, and Mr. Shawn Murray; Shawn Murray Brief Bio: Born and raised in Barrie, Mr. Murray is founder & CEO of Murray Demolition, Canada's largest demolition and environmental company. Mr. Murray sold his company in 2006 and remained on the board of directors. Today he is Majority owner and CEO of SRS Industrial Services in Alberta. Leading a team of over 300 engineers, riggers, and operators working in the oil and gas industry in Western Canada. Mr. Murray has resided in Oro - Medonte since 1991. The inclusion of City of Barrie staff and Council on the Board will aid in the development of Board policies and procedures required for the operation of Lake Simcoe Regional Airport Inc. Page 112 of 365 91) - Robin Dunn, Chief Administrative Officer, correspondence dat... The City of STAFF REPORT ED0005 -10 Page: 3 June 7, 2010 File: -BAM E Pending #: ENVIRONMENTAL MATTERS 14. There are no environmental matters related to the recommendation. ALTERNATIVES 15. There is one alternative available for consideration by General Committee: Alternative #1 Council could choose not to approve the recommended Board of Directors. This alternative is not recommended. A board of directors is legislatively mandated and without it the creation of the new municipal services corporation cannot be completed. FINANCIAL 21. All Board of Directors appointed by Council are covered under The City of Barrie's insurance policies which provide for liability coverage as long as they are acting under the assigned duties of the Board. LINKAGE TO COUNCIL STRATEGIC PRIORITIES 22. The recommendations included in this Staff Report support the following City Council's Strategic Priorities: © Attract, Retain and Expand Business for Barrie Page 113 of 365 9m) - Doug Irwin, Director of Corporate Services /Clerk, re: Draft ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -102 A By -law to Regulate the Placement and Use of Election Signs within the Township of Oro - Medonte WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 11 authorizes a municipality to pass by -laws respecting signs; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 99 provides that all costs and charges incurred by a municipality for the removal, care and storage of an advertising device that is erected or displayed in contravention of a by -law of the municipal are a lien on the advertising device, and all costs and charges incurred for disposing of an advertising device may be recovered by the municipality as a debt owned by the owner of the device; AND WHEREAS Part XIV of the Municipal Act, confers broad authority on municipalities to insl take such necessary enforcement actions ash compliance with a municipality's by -laws AND WHEREAS Council deems it a ppropnat�4 signs within the municipality; NOW THEREFORE the Council of tF Townshi follows: 1 TITLE AND SCOpI � 1.1 This By -law shah be knowrand ated as #f apply to the enir area of the Townshtp 2001, c.25, as amended, .,any reasonable time and to ensure ongoing regulate the placei *t of election hereby enacts as 6 "Elect! Sign By -law" and shall Oro - Medonte. 2.1 Candidate — means a person officially nominated as a candidate in an election (Federal, Provinclal Ad Mur"tl), or their authorized agent; 2.2 Clerk mea s the persgftappointed as Clerk of the Township by Council in accordance ,the MO ipal Act, 2001, as amended, or designate. 2.3 Council - means 1hMuncil of The Corporation of The Township of Oro - Medonte; 2.4 Daylight Triangle — means property sight triangles provided at intersections and other critical area that provide the traffic with a visible interval, property sight triangles are measured as 15 metres (50 ft) minimum along the property lines of the intersecting roads; 2.5 Election Sign — means a sign or other advertising device which by the use of words, pictures or graphics or any combination thereof is intended to influence persons: a. to give or to refrain from giving their votes to a candidate at an election held in accordance with the Canada Elections Act, The Elections Act (Ontario) or the Municipal Elections Act, 1996, as amended; b. to vote in favour of or against any question or by -law submitted to the electors in accordance with Section 8 of the Municipal Elections Act, 1996, as amended; Page 114 of 365 9m) - Doug Irwin, Director of Corporate Services /Clerk, re: Draft 2.6 Height — means the vertical distance measured from the lowest grade level at the base of the sign to the highest point of the same sign; 2.7 Municipal Law Enforcement Officer — means the officer or employee of the Township charged with the responsibility of enforcing this By -law; 2.8 Public Highway - means a highway as defined under the Highway Traffic Act, as amended; 2.9 Township - means The Corporation of The Township of Oro - Medonte; 2.10 Utility Pole — means a wooden, metal, concrete or other pole erected on any street that carries any public utility and shall include any pole erected to hold or support any traffic control device; 2.11 Voting Location — means the entire building where voting will occur and the entire property associated with the building. 3 REGULATIONS 3.1 No election sign, being stationary or r displayed prior to Nomination Day. 3.2 No election sign shall be greater than including the sign structure, or greate 3.3 No election sign shall be located on a property owned and /or open (e 'by th stations, parks, and communitjfaratls 3.4 No election sign shalt Lie located w4lhi location, incluc)m �bothf�es of t # he i the voting loc ro v k x $ s a k S 3.5 No person shall er�ec ,or ,,any e the edge dfathe oaverj en of ffa3ielled 3.6 No'ejction sign , shall be erected or square metres (16 . ft.) in area n 1.2 metres (4 ft) iii 1�ight. dy fronting or adjacent to any including offices, facilities, fire ft.) of any voting of and /or adjacent to sign within three (3) metres (9.8 ft) of of an unpaved public highway under a sidewalk and the roadway. 3.7 Where d bad allowandOncludes'two (2) or more separate roadways, no election sign shall bemced on ti3 portion of the road allowance between each roadway. 3.8 No election within a daylight triangle. 3.9 No person shall place or allow to be placed more than one (1) election sign, per candidate, on each highway of an intersection, beyond the daylight triangle. 3.10 No person shall paint, place, attach or affix any election sign to a tree, stone, or other natural object, fencepost or utility pole located on a Township road allowance and /or public lands. 3.11 No election sign shall be affixed to a permanent or official highway sign or support, guardrail or other roadway structure. 3.12 No election sign shall obstruct the view of any official traffic sign or signal, or resemble any official traffic sign or signal. 3.13 No person shall erect, install, post, or display any election sign in a location which obstructs or interferes with the normal flow of pedestrian or vehicular traffic, nor which restricts any sightline of a pedestrian or vehicle. Page 115 of 365 9m) - Doug Irwin, Director of Corporate Services /Clerk, re: Draft 3.14 No person shall erect, install, post, or display any election sign which incorporate in any manner any flashing or moving illumination which varies in intensity or which varies in colour, and signs which have any visible moving parts visible mechanical movement, or other apparent movement. 3.15 No person shall place or allow to be placed any election sign, poster or placard in or on a vehicle that is located on any premises used as a voting location if the sign, poster or placard is visible. 3.16 No personal shall erect, cause or permit to be erected an election sign that may obstruct or impede any exit routes or escapes or impede free access of emergency vehicles. 3.17 No person shall display the Township of Oro - Medonte logo, crest or seal, in whole or in part, on any election sign. 3.18 Every candidate for a federal or provincial election shall ensure that election signs are erected or installed in accordance with the Canada Elections Act or Elections Act (Ontario). 3.19 No personal shall deface, remove or willfully cause damage to a lawfully erected election sign. s � 4 ELECTION SIGNS ON PRIVATE PROPERTY 4.1 Election signs may be erected on pnvat&prpperty, aupject to the fo owing conditions:r" a. Elections signs shall hot be erected pn6r1b, Nomination Day; b. Election signs s hall be erected on y the coil5ent of the respective 5 REMOVAL OF ELECTION!iAIGNS 5.1 Everycandida e, dq ufe t tecfion signs are removed no later than sin (7) days foltowing tie voting day b# the election for which the sign was erecteq or installed' 5.2 When ail t,unicipal Lawg forceme t Officer has reasonable and probable grounds to believe ttlatran election sign has been placed, erected or installed in contraventior�o the prat ons of this By -law, the Municipal Law Enforcement Officer will consulN� the Clerk. The Clerk may notify the candidate, or their agent, advising oftf "on- compliance and requiring the necessary actions on behalf of the candidate to ensure compliance with the provisions of this By -law within 24 hours, or may cause the election sign to be immediately removed without notice, depending on circumstances. 5.3 Candidates may recover any election sign which has been removed by the Township at a cost of $10.00 per sign which shall be payable to the Township in the form of cash, debit, money order or certified cheque. No election sign will be released to the candidate, or their agent, until such fee is paid in full. No election sign shall be retumed to the candidate, or their agent, on Election Day. 5.4 The Township may destroy any election sign which has been removed and is not claimed and retrieved by the candidate, or their agent, within of thirty (30) days of the removal, or up to a maximum of seven (7) days following the voting day of the election for which the sign was erected or installed, whichever is less, without compensation to the candidate, or their agent. Page 116 of 365 9m) - Doug Irwin, Director of Corporate Services /Clerk, re: Draft ... 6 ENFORCEMENT AND FINES 6.1 Every person who contravenes any Provision of this By -law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, Chapter p.33, and every such fine is recoverable under the Provincial Offences Act. 6.2 Fines shall be issued on a per sign basis and each sign erected in contravention of any section of this By -law shall be fined as an individual and separate offence. 7 SEVERABILITY 7.1 If any court of competent jurisdiction finds that any of the provisions of this By -law are ultra vires the jurisdiction of the Township, or are invalid for any other reason, such provisions shall be deemed to be severable and shall not invalidate any other provision of this By -law which shall remain in full force and effect. 8 ENACTMENT BY -LAW READ A FIRST, SECOND AN OF , 2010. THIS DAY THE CORPORATION OF THE Mayor, H.S. Clerk, Page 117 of 365 8.1 This by -law shall take effect on the final passing of. 9n) - <span style = "font -size: 12pt;... REPORT ?ou�nship f Proud Heritage, Exciting Future Report No. To: Council Prepared By: DS 2010 -033 Glenn White, Manager of Planning Services Meeting Date: Subject: Site Plan Agreement Motion # June 23, 2010 and Removal of Hold 2010- SPA -15 (Melissa Elliott) West Part of Lot 26, Roll #: 4346 -010- 009 -68960 R.M.S. File #: Concession 9, Being Part 4, on Plan 51 R- 36216, 59 Springhome Road RECOMMENDATION(S): Requires Action I X I For Information Onlyn It is recommended: 1. THAT Report No. DS 2010 -033 be received and adopted. 2. THAT the Township of Oro - Medonte enters into a Site Plan Agreement with Melissa Elliott to permit a single detached dwelling at 59 Springhome Road. 3. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with Melissa Elliott. 4. THAT the Clerk prepare a By -law for Council's consideration to remove the Holding Symbol from lands described as 59 Springhome Road, West Part of Lot 26, Concession 9, Being Part 4, on Plan 51 R- 36216, 5. AND THAT the owner be notified of Council's decision. BACKGROUND: The subject lands were previously the subject of an Official Plan and Zoning By -law Amendment Application (2004- OPA -03 and 2004- ZBA -04) which were approved by Council on November 14, 2007. The zoning now in effect on the subject lands is Shoreline Residential Exception 179 Holding (SR*179 (H)). As such, the owner must enter into a Site Plan Agreement prior to the removal of the Holding Symbol and issuance of a Building Permit. DEVELOPMENT SERVICES Meeting Date June 23, 2010 Report No. DS 2010 -033 Page 1 of 5 Page 118 of 365 9n) - <span style = "font -size: 12pt;... ANALYSIS: The subject lands are zoned Shoreline Residential Exception 179 Holding (SR*179 (H)) Zone. The Holding provision was applied to these lands as part of the rezoning application since the subject property abuts lands that have been identified as environmentally significant. The Holding provision requires a Site Plan to be submitted which depicts the building and septic envelopes. The site plan submitted identifies the dwelling area, septic system area and driveway location. It is intended that the existing vegetation outside of the immediate areas of the dwelling, septic system and driveway will be protected during building construction. It is noted that the subject lands abut lands that are zoned Environmental Protection (EP) Zone, however the lands do not contain this zone. The amending By -law 2007 -127 eliminated the normal 30 metre setback from the limits of the Environmental Protection Zone. The rear yard setback of 7.5 metres is the required setback for subject lands abutting the Environmental Protection (EP) Zone to the south. The subject lands are designated "Shoreline" by the Official Plan. The proposed residential development conforms with the policies of the "Shoreline" designation. Permitted uses in the SR"179 (H) Zone include single detached dwellings and accessory buildings. As such, the applicant's proposal to construct a dwelling would constitute a permitted use. The subject property consists of 0.54 hectares of lot area with 57 metres of frontage on Springhome Road. The proposed dwelling meets and exceeds the setbacks required by Zoning By -law 97 -95, as amended. FINANCIAL: N /A. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan Township of Oro- Medonte Zoning By -law 97 -95 CONSULTATIONS: The LSRCA has commented that given the subject lands (Part 4 on Plan 51 R- 36216) are located outside any flood plain, erosion hazard limit, steep slopes and wetland with an associated buffer; the LSRCA would have no objection to site plan approval. In addition, the subject lands are located outside an outside an area that is governed by Ontario Regulation 179/06 under the Conservation Authorities Act, as such, a permit will not be required from the LSRCA. The Building Department has no objections to the proposed site plan. DEVELOPMENT SERVICES Meeting Date June 23, 2010 Report No. DS 2010 -033 Page 2 of 5 Page 119 of 365 9n) - <span style = "font -size: 12pt;... ATTACHMENTS: Schedule 1: Location Map Schedule 2: Proposed Site Plan and Building Elevations CONCLUSION: The application to construct a dwelling constitutes a permitted use and would comply with all requirements of the Shoreline Residential (SR (H)) Zone. It is recommended that Site Plan Application 2010 - SPA -15 and the Removal of the Holding Provision applying to the subject lands (Part 4 on Plan 51 R- 36216) be approved. Respectfully submitted: Glenn White, MCIP, RPP Manager, Planning Services Reviewed by Andria Leigh, MCIP, RPP Director of Development Services SMT Approval / Comments: DEVELOPMENT SERVICES Meeting Date June 23, 2010 Report No. DS 2010 -033 Page 3 of 5 Page 120 of 365 9n) - <span style = "font -size: 12pt;... SCHEDULE 1: LOCATION MAP 2010 - SPA -15 (MELISSA ELLIOTT) DEVELOPMENT SERVICES Meeting Date June 23, 2010 Report No. DS 2010 -033 Page 4 of 5 Page 121 of 365 I w SPRINGHOME ROAD ... __......- .... m rn O X — i I > rr 1 SUBJECT LANDS �'�^ m 1 DEVELOPMENT SERVICES Meeting Date June 23, 2010 Report No. DS 2010 -033 Page 4 of 5 Page 121 of 365 9n) - <span style = "font -size: 12pt;... SCHEDULE 2: PROPOSED SITE PLAN AND BUILDING ELEVATIONS 1U1U- SF'A -15 c • 7 6 � u• V� °Mn1nR.Q �� ( �. 1e RrA i f R R I: All �, F all Vol I fil Al j 66A DEVELOPMENT SERVICES Meeting Date June 23, 2010 Report No. DS 2010 -033 Page 5 of 5 Page 122 of 365 9o) - Report No. DS 2010 -34, Andria Leigh, Director of Development... TOWNSHIP OF ORO- MEDONTE REPORT tm.rd HerugGe, &ritfuq t§noae Report No. To: Council Prepared By: DS 2010 -034 Andria Leigh, Director, Development Services Meeting Date: Subject: Site Plan Agreement Motion # June 23, 2010 2009 - SPA -06 (1698165 Ontario Inc. OSSUM) 2976 Highway 11 (Formerly Oro Township) Roll #: 4346- 010 - 003 -31500 R.M.S. File #: D11 39271 RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report DS 2010 -034 be received and adopted; 2. THAT the Site Plan Agreement for 1698165 Ontario Inc. known as 2976 Highway 11, Township File 2009 - SPA -06 be entered into and executed by Council; 3. THAT Council approve and adopt By -law 2010 -120 A By -law to authorize the execution of the Site Plan Agreement with 1698165 Ontario Inc.; and 4. THAT the applicant be advised accordingly. BACKGROUND: The purpose of this report is to consider a proposed Site Plan Agreement to redevelop the above noted property including the construction of a gas bar, a convenience store, and a restaurant drive -thru with a total gross floor area of approximately 222 square metres (2400 square feet). As per the Site Plan Control By -law 2009 -062 uses within the General Commercial (GC) Zone are subject to the site plan approval process, which would include the subject property. The site plan was intended to review matters including: building and servicing locations, access and parking layouts, stormwater management, building and servicing locations, access and parking layouts, landscaping and signage. The necessary permits from LSRCA and MTO were required to be obtained prior to Site Plan Approval being obtained from the Township. The subject lands are located within Concession 7, Part of Lot 20, Plan 1145, Lots 6 to 8, municipally known as 2976 Highway 11, being the former Caribou motel /gas bar property. The applicant has applied to the Township to redevelop the property including a 2400 square foot building with convenience store, drive thru, and gas bar which requires the site plan approval prior to the consideration of the appropriate zoning Development Services Meeting Date June 23, 2010 Report No. DS 2010 -034 Page 1 of 7 Page 123 of 365 9o) - Report No. DS 2010 -34, Andria Leigh, Director of Development... certificate and building permit. The site has a total frontage along Hwy 11 of approximately 236 metres (775 feet) and a depth of approximately 45 metres (150 feet). The total area of the site is some 1.08 hectares (2.6 acres). In 2008 the associated Official Plan Amendment and Zoning By -law Amendment which designated the property "Commercial' and zoned the property General Commercial (GC) were approved by the Township and County as required. ANALYSIS: The site plan application was originally submitted to the Township in May 2009 and was circulated to both internal staff and the Ministry of Transportation and the Lake Simcoe Region Conservation Authority who both have jurisdiction over the development of the property. The site plan drawings have been through a series of amendments in order to satisfy all the required legislation and agencies. In May 2010 the applicant received the Building and land Use Permit (BL- 2010- 20T -44) and the Encroachment Permit (EC- 2010-20T-80) from the Ministry of Transportation for the proposed development. On June 22, 2010 the Lake Simcoe Region Conservation Authority Permit (OP- 2010 -019) from the Lake Simcoe Region Conservation Authority. The LSRCA did indicate in their approval of the site plan, specific requirements for the municipality to include within the site plan agreement and have been incorporated into Section 3 (f) of the Site Plan Agreement to satisfy the LSRCA requirements. AECOM have completed their final review and provide staff with their final comments dated June 23, 2010. Their comments have identified that there are some minor drawing revisions required prior to AECOM being able to stamp and approve the drawings on behalf of the Township. In order to permit the process to continue forward and given the minor nature of the revisions, it is being recommended that the site plan agreement be executed and that an amendment be brought forward once the revisions are completed to the satisfaction of AECOM. On this basis and the planning analysis provided below, the Planning Division is recommending approval of the site plan agreement. The Planning Division has considered the relevant planning documents in making this recommendation, the applicable documents and policies are discussed below. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan The subject lands are located within the Oro Centre Secondary Plan Area as adopted through OPA #15. In 2008 Council adopted OPA # 26 which designated the subject lands Commercial. Development Services Meeting Date June 23, 2010 Report No. DS 2010 -034 Page 2 of 7 Page 124 of 365 9o) - Report No. DS 2010 -34, Andria Leigh, Director of Development... The subject lands are now designated "Commercial" in the Township's Official Plan. Permitted uses in the Commercial designation include retail, business office, restaurants and vehicle fuel sales. The proposed use of the subject site for a convenience store, drive thru and gas bar would conform to these policies of the Official Plan. Zonina By -law 97 -95: The land is currently zoned General Commercial (GC) which permits the commercial uses proposed for the site including the gas bar, convenience store, and drive thru. Staff have reviewed the proposed site plan and buildings against the By -law provisions and determined that it complies with the required yard provisions and the proposed building is less than the 11 metre maximum height requirement of the By -law. Therefore the use and structures comply with the provisions of the General Commercial Zone for the redevelopment as proposed. Section 5.19 of the Zoning By -law sets out the parking requirements by use, the proposed use requires 28 spaces. The maximum height for buildings in the GC zone is 11 m; the height of all proposed buildings should be shown in the zoning statistics chart. The landscaped strip along Highway 11 and Line 7 must be 6m wide. One loading space must be provided (as the combined GFA of all uses is between 301 & 2,300 square meters). The loading space may not be in the exterior or front yard. The new pylon signs must comply with the Township's sign by -law and also MTO sign permits will be required. The proposed commercial use complies with the zone provisions. CONSULTATIONS: Internal Departments — No Concerns AECOM — See Attachment #2 (below) LSRCA —No objections with site plan quote from email, Permit OP- 2010 -019 issued June 22, 2010 MTO — Permit BL- 2010- 20T -44 for 2400 square foot building with gas station and drive thru, and Encroachment Permit EC2010- 20T -80 to upgrade the access to the proposed redevelopment. ATTACHMENTS: Attachment 1: Site Plan By -law 2010 -120 and Agreement Attachment 2: AECOM June 23, 2010 comments Development Services Meeting Date June 23, 2010 Report No. DS 2010 -034 Page 3 of 7 Page 125 of 365 9o) - Report No. DS 2010 -34, Andria Leigh, Director of Development... CONCLUSION: The Site Plan application proposes to redevelop the subject property which previously contained a motel, gas bar, restaurant to construct a 2400 square foot building including convenience store and drive thru and a gas bar. As per the Site Plan Control By -law 2009 -062 uses within the General Commercial (GC) Zone are subject to the site plan approval process. The proposed Site Plan conforms to the Official Plan policies, and complies with the applicable provisions of the Zoning By -law. While both the MTO and LSRCA have provided their respective permits and approval for the development, the AECOM comments of June 23, 2010 are required to be addressed to satisfy the Township and will necessitate minor revisions to the current site plan drawings. It is therefore being recommended that the current agreement be executed by Council and the minor revisions once completed be subsequently endorsed. In order to ensure completion of the identified revisions, subsequent to the building permit issuance, a security deposit will be held by the Township to ensure completion prior to occupancy of the proposed building. It is on this basis, it is being recommended that Site Plan Application 2009 - SPA -06 be entered into and executed by Council. Respectfully submitted: Andria Leigh, MCIP RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: Development Services Meeting Date June 23, 2010 Report No. DS 2010 -034 Page 4 of 7 Page 126 of 365 9o) - Report No. DS 2010 -34, Andria Leigh, Director of Development... ATTACHMENT 1: SITE PLAN BY -LAW 2009 - SPA -06 (1698165 Ontario Inc.) THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010-120 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 1698165 ONTARIO INC. described as lands as follows: 2976 Highway 11, Concession 7, Part of Lot 20, Plan 1145, Lots 6 to 8,as in RO1382333, ORO- MEDONTE, Township of Oro - Medonte, County of Simcoe, PIN 58546 -0042 (LT),Roll# 4346- 010 -003- 31500 WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23RD DAY OF JUNE, 2010 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Development Services Meeting Date June 23, 2010 Report No. DS 2010 -034 Page 5 of 7 Page 127 of 365 9o) - Report No. DS 2010 -34, Andria Leigh, Director of Development... Clerk, J. Douglas Irwin ATTACHMENT 2: AECOM COMMENTS 6'7oCOM aecom 10 Chettdey:5(teSt 705 T21.9?7t 1e(. 8arde,.0N,,Cae6tl2i - L4N IW1: 705734'0784 _fax wmvaecoin:coin June 23, 2010: Ms. Andria Leigh Director of Development Services' Townshipof Oro- Medon'ter 14S Cine 7 South, Box 100 , Ord ON L0I - 2X0 Dear Ms. Leigh; Project Nd: 60116'166: (440- 003.0753) Regarding° Township ofOro-Medonta Ossom Enterprises H" 911 0 Subrnisslpn';Eteview We have completed our 4' submission review of the Ossom'F�terprises Hwy #11 :Site Plan prepared by,John Towle Associates limited submitted.oh June 7, 2010, and provide the following comments:. 1. General: Commants 1.1. Al drawings to, be stamped; signed and dated;priorto submitting foe stamping 'Accepted for �onstrucfion ° 1.1 6n Drawings A71 L1 & SP -1 labe(•Coricesslon Road as "Oro 7 North. "., 1.3, In various locations there is a slid bfac[(clrcle labelled a "s "GW". Add.th"ymhol to the Legend„ including-description. 1.4: There is a'double line. - circle located north of the Location of t) %G Gas Tanks" which is located over the sanitary sewer sera ca. Provide details Igctudfng labelling,: I Site Servicing Plan Dag CA (John Towle Associates_ Limited) 2:1_ Stormwater Storage calculations>table on this Drawing andthat'on "Storr7r Drainage: Drawing" Nava conflicOng informa0on. Please clarify as ttje; diameter and lengths of storm sewers:and their volumes are different on both plans; they'do not relate to proposed . storm sewat systems shown in pian'viow, 22, Under the Standard Notes line 4- revise "oompacted granular - H" to "'compacted granular, A ". 3„ Site Grading Plan bWa. 0-2 (John T.0te Associates; Limitad) 3.1: €fevationsshown fortFte:Gfe bed do.not rimatcti the irifamlatlon .shgvurc'on.i?earsofr -: McCuaig drawing for file bed design. ;4L"gA201QgSfY60240110180 Development Services Meeting Date June 23, 2010 Report No. DS 2010 -034 Page 6 of 7 Page 128 of 365 9o) - Report No. DS 2010 -34, Andria Leigh, Director of Development... I'mx::2 Jum23,2010 4. Storm Drainage Plan Dwa. G3 (John TowIdAssociates Limited( 4.1. Under the -Standard Notes, Line 4 states that the Depth of GranularA is 400 mrn and the Granular B Is 160. mm: Should this not read Granular 400 mm and Granular A -150 mm: 5: Erosi and Sedimenta tloftebnirol P lanDwa. G,4 (John Towle Associates I- Imited 5:1. Under. the Standard} Notes, Line 4 states that the. D.epth:of Granular A is 400 -mm and the Granular B Is 150 mnr Should this not read Granular B -400 mm and Granular A -156 mm_ &Z ,Remove.:Note 7 under Erosion Control Notes :as. it is not applicable, t#: SanitaU Treatment& Area lied Design Phase 1 Dwg- SP , (Pear"son- luldCuaig Engfheering Ltd:) 61, Refer, to Comment 3:1 regarding;cont1icting elevationsattile bed. T Lsndscaoe Plan Duva_ L -1 & -2 (M+8 Landscape Architects) 7.1. No cornmeri%. H, Site Plan Slecfrloal Dwa. EA to &5'(!3A:S. &Associates Engineodna Co. Ine:y 81: No comments. 8. SWM't*eoort 0A.- Storage volume calculations iri the.SWM Report and on drawing C -1 show incorrect length of 800mn6rrdiameter pipe. 9.2. Storage volumetable.on' drawing: C- 3does .not,matchtablvIshownonrC -I'. 9.34 AIL pipes downstream of 150 mm diametor orifice should :.be changed,to 3o0 mm diameter pipe to p[ovido`capacity for epntrolled'release rates. As the 150 mm diameter orifice tube is not eongnuous: (olren.ends at Stormceptor artd storm MH1)', the 15o mm cilarneter. pipes actas:culverts and provide backwatereffects on the.150 mm orifice tube, thereby reducing the capacity ofthe orifice:fube: If yousequire anyfdrther clan lcafion; piease. contact 'the:uridersI ned. Sincerely, AE-60A Canada Ltd: Stephen Patterson, C.ET. A.M',_Lees CAE-T, Stephen .J.P$tterson(0aecom,cgM, AlLees @aecom.com Sp:Is cc: G. N/tiite LlNpy,3plgi6Z5SNg9tIClOp Development Services Meeting Date June 23, 2010 Report No. DS 2010 -034 Page 7 of 7 Page 129 of 365 11 a) - Minutes of Nottawasaga Valley Conservation Authority meeting... xpt�p��w �+ry9 ga��BA O� NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING 05/10 14 May, 2010 Tiffin Centre for Conservation —John L. Jose Environmental Learning Centre MINUTES PRESENT: Chair: Walter Benotto Town of Shelburne Vice Chair: Gord Montgomery TownshiD of Mulmur MEMBERS: Rick Archdekin Town of Wasa a Beach Mary Brett Town of Ad'ala- Tosorontio Reg Cowan Township of S rin water Daniel Davidson Town of Innisfil Terry Dowdall Township of Essa Tom Elliott Township of S rin water Debbie Fawcett Township of Melancthon Sonny Foley Town of Collin wood Ron Henderson Township of Essa Ralph Hough Township of Oro - Medonte Harry Hughes Township of Oro - Medonte John McKean Town of the Blue Mountains Rick Milne Town of New Tecumseth Brian Mullin Municipality of the Grey Highlands Fred Nix Town of Mono Cal Patterson Town of Wasa a Beach Gerald Poisson City of Barrie Ron Simpson Town of Bradford West Gwillimbu Joan Sutherland Town of New Tecumseth Bill Van Berkel Town of Innisfil Barry Ward City of Barrie Percy Way Township of Amaranth REGRETS: Orville Brown Township of Clearview Chris Carrier Town of Collingwood Robert Walker Township of Clearview GUESTS: Michael Laycock Auditor, BDO Canada STAFF PRESENT: Wayne Wilson. CAO /Secretary- Treasurer Byron Wesson, Director of Land Operations and Stewardship Services Chris Hibberd, Director of Planning Glenn Switzer, Director of Engineering and Technical Services RECORDER: Laurie Barron, Executive Assistant Page 130 of 365 11 a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 05 -10 14 May, 2010 Page 2 of 5 1. CALL TO ORDER Chair Benotto called the meeting to order at 9:12 a.m. ANNOUNCEMENT Chair Benotto welcomed new member Mayor Debbie Fawcett, Melancthon Township to the Board of Directors. Mayor Fawcett has been appointed by her Council as a result of a sudden illness to our former Board Member Garry Matthews which has forced him to resign. Chair Benotto expressed best wishes from the Board of Directors to Garry Matthews for a speedy recovery. The Board of Directors will send their best wishes and thank you to Garry for his 12 years of service on the NVCA Board of Directors. 2. MOTION TO ADOPT AGENDA RES. #1 MOVED BY: Ron Simpson SECONDED BY: Daniel Davidson RESOLVED THAT: the Agenda for Board of Directors Meeting #04/10 dated 9 April, 2010 be adopted. Carried; 3. PECUNIARY INTEREST DECLARATION None declared 4. MINUTES 4.1 Minutes of the Board of Directors Meeting 04110 dated 9 April, 2010. RES. #2 MOVED BY: Bill Van Berkel SECONDED BY: Reg Cowan RESOLVED THAT: the Minutes of the Board of Directors Meeting 04/10 dated 9 April, 2010 be approved. Carried; 4.2 Draft Minutes of the Executive Committee Meeting 07/10 dated 23 April, 2010. RES. #3 MOVED BY: Rick Archdekin SECONDED BY: Joan Sutherland RESOLVED THAT: the Draft Minutes of the Executive Committee Meeting 07/10 dated 23 April, 2010 be received. Carried; 5. BUSINESS ARISING FROM MINUTES None noted 6. PRESENTATION 6.1 NVCA 2009 Audited Statements presented by Mr. Michael Laycock Auditor, BDO Canada Michael Laycock, Auditor with BDO Canada reviewed the audit findings with the Board of Directors. The Auditor advised that no evidence of any misstatements were detected and, accordingly, have issued an unqualified audit report for the year ending December 31, 2009. RES.#4 MOVED BY: Debbie Fawcett SECONDED BY: Joan Sutherland RESOLVED THAT: the 2009 Audited Financial Statements presented and circulated by Michael Laycock of BDO Canada, be received. Carried; Page 131 of 365 11 a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 05 -10 14 May, 2010 Page 3 of 5 STAFF REPORTS 7. REPORT OF THE DIRECTOR OF LAND OPERATIONS AND STEWARDSHIP SERVICES 7.1 Tiffin Centre Proposed Rental Rate Increase RES. #5 MOVED BY: Ron Henderson SECONDED BY: Terry Dowdall RESOLVED THAT: the proposed "2010 Rental Rates" fee schedule for Tiffin Centre facilities be approved as presented. Carried; 8. REPORT OF THE DIRECTOR OF PLANNING 8.1 Permits for Ratification for the period April 1, 2010 to May 6, 2010 RES. #6 MOVED BY: Ralph Hough SECONDED BY: Ron Henderson RESOLVED THAT: the Permits /Approvals issued by staff for the period April 1, 2010 to May 6, 2010 be approved. Carried; REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES AND THE COMMUNICATION /PR ASSISTANT 9.1 Communications Report for the month of April 2010. RES47 MOVED BY: Tom Elliott SECONDED BY: Brian Mullin RESOLVED THAT: the Communications report for the month of April 2010 be received. Recorded Vote R. Archdekin B. Mullin W. Benotto F. Nix M. Brett C. Patterson D. Davidson G. Poisson T. Dowdall R. Simpson T. Elliott J. Sutherland S. Foley B. Van Berkel R. Henderson B. Ward D. Fawcett P. Way J. McKean R. Milne G. Montgomery Total In Favour = 21 R. Hough H. Hughes Total Against = 2 Carried; 10. REPORT OF THE CAO /SECRETARY TREASURER 10.1 Financial Report - Statement of Operations Summary for the Period ending 31 March, 2010. RES. #8 MOVED BY: Brian Mullin SECONDED BY: Tom Elliott RESOLVED THAT: the Statement of Operations Summary for the Period ending 31 March, 2010 be received. Carried; Page 132 of 365 11 a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 05 -10 14 May, 2010 Page 4 of 5 10.2 2010 -2012 DRAFT NVCA Business Plan RES. #9 MOVED BY: Brian Mullin SECONDED BY: Tom Elliott RESOLVED THAT: the Board of Directors approves the 2010 -2012 Business Plan as a strategic guidance document providing specific direction for the implementation of the approved 2010 budget. Carried; 10.3 Association of Municipalities of Ontario report on the case for joint and several liability reform in Ontario. RES. #10 MOVED BY: Harry Hughes SECONDED BY: Sonny Foley WHEREAS: the Association of Municipalities of Ontario has presented the Case for Joint and Several Liability Reform in Ontario to the Attorney General's Office; and WHEREAS: letters of support and resolutions are being solicited and have been received from municipal councils throughout Ontario; and WHEREAS: the issues raised are of direct relevance to Conservation Authority operations and represent a significant burden on their financial and legal resources; therefore BE IT RESOLVED: the Nottawasaga Conservation Authority communicate its endorsement of the Case for Joint and Several Liability Reform in Ontario, to the Association of Municipalities of Ontario and to the office of the Attorney General for Ontario. Carried; 11. NEW BUSINESS None noted 12. NOTICE OF MOTION None noted 13. CORRESPONDENCE (a) Conservation Ontario dated April 8/10 letter sent to D. Marinigh, Director of Integration Brant, Ministry of Natural Resources re: Amendments to the Conservation Authorities Act (b) NVCA letter sent to Oro - Medonte Mayor and Council dated April 1/10 re: notice of NVCA Executive Committee resolution - Meeting #05 -10 Res. #15 The following resolution was presented regarding item 13 (b) above. RES. #11 MOVED BY: Harry Hughes SECONDED BY: Sonny Foley BE IT RESOLVED: that Motion #15 from the March 26 Executive Committee meeting be rescinded and that staff be allowed to work with the Township of Oro - Medonte and Severn Sound Environmental Association staff in developing a Memorandum of Understand in regards to service provision in the Severn Sound watershed area of Oro - Medonte; and FURTHER THAT: the Township of Oro - Medonte requests that the NVCA consent to a deferral by 60 days to the date of the Order to File associated with 2009 Levy Appeal, contingent on the township withdrawing its appeal of the 2010 NVCA Levy. Carried Unanimously; Page 133 of 365 11 a) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS MINUTES MEETING No: 05 -10 14 May, 2010 Page 5 of 5 (c) Mining and Lands Commissioner's office, D. Pascoe, Registrar dated April 23/10 re: Notice of the Township of Oro - Medonte appeal of the NVCA 2010 municipal levy. (d) Township of Oro - Medonte letter sent to D. Pascoe, Registrar, Mining and Lands Commissioner's office dated April 21/10 re: Appeal of the 2009 NVCA levy. (e) NVCA letter sent to D. Pascoe, Registrar Mining and Lands Commissioner's office dated April 26/10 re: the Township of Oro - Medonte correspondence dated April 21/10. (f) Oro- Medonte Mayor Harry Hughes letter sent to Councillor Barbara Huson, Town of New Tecumseth dated May 1/10 re: April 13 edition of Alliston Herald specific reference to Oro - Medonte Mayor Harry Hughes. RES. #12 MOVED BY: Sonny Foley SECONDED BY: Harry Hughes RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; FUTURE MEETINGS EXECUTIVE COMMITTEE — May 28, 2010 BOARD OF DIRECTORS — June 11, 2010 (9:00 a.m. to 11:00 a.m.) NOTTAWASAGA VALLEY SOURCE PROTECTION COMMITTEE (June 11, 2010 11:00 -12 noon) ADJOURN RES. #13 MOVED BY: Percy Way SECONDED BY: John McKean RESOLVED THAT: This meeting adjourn at 10:22 a.m. to meet again at the all of the Chair. Carried; Note: The Board of Directors reconvened as a Hearing Board In the matter of the Conservation Authorities Act R. S. 0. 1990, Chapter 27 and in the matter of an application by Canadian Tire Real Estate Limited and Leesa Turnbull for permission of the NVCA pursuant to regulations made under Section 28, subsection 12 of the said act. Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO /Secretary- Treasurer Dated this day of 2010 Page 134 of 365 11 b) - Minutes of Oro - Medonte Community Hall Association meeti... Minutes Township of Oro - Medonte Community Hall Association Meeting Date: May 31, 2010 Time: 7:00 pm Location: Craighurst Hall Attendance: Sue Britten- Jarratt, Susan Grant — Jarratt, David MacMillan — Eady, Maria Baril — Craighurst, Jennifer Alton — Hawkestone, Pat Shellswell — Edgar, Sandy Agnew — Councillor, Christy Gray — Craighurst, Evelyn Reid — Edgar, Dave MacMillan — Eady, Louise Calvert Dale — Carley, Shawn Binns — Township of Oro- Medonte Opening of Meeting Shawn welcomed everyone to the meeting Everyone went around the table and did self- introductions 1. Moved by Susan Grant and Seconded by Jennifer Alton that the May 31, 2010 agenda be adopted 2. Moved by Sue Britten, seconded by Sue Grant that the March 29, 2010 be approved regarding the following changes: - changes in 4d should read HST - carried 3. Guest Speaker( none) 4. Business arising from the minutes: a. Hall Board Manual and Working Group —will be doing more work in the fall b. Fees and Charges HST —July 1, 2010 i. All invoices (i.e. contracts, cleaning) must have 13% but not before July 1 :t unless contract is prorated as of July 1 5. Announcements and Special Events: a. Eady Hall: i. Saturday June 5th —12 Garage, bake and plant sale ii. Coldwater Players iii. Moon Reunion iv. Meet and Greet August 30 with corn roast and ice cream v. Sept 18 turkey supper — 2 settings this year b. Carley Hall: i. Pancake Supper —great success ii. June 12 —garage sale and cookies for sale from 10:00 am to 3:00 pm c. Craighurst Hall: i. Springwater Yoga finished on Tuesday night ii. Monday, Tuesday, and Thursday are open —Potential for other programs iii. Clogging group is interested (need to review potential damage to floors) d. Jarratt Hall: i. Tuesday nights are open ii. Karate and Dance classes continue iii. Camps running this summer (Karate, Dance) e. Hawkestone Hall: i. Egg Race was held ii. Hawkestone Singers iii. Pancake Supper iv. Canada Day Celebration Page 135 of 365 11 b) - Minutes of Oro - Medonte Community Hall Association meeti... v. Preview re: farmers market vi. July 30` Farmer's Market -10 weeks vii. Scottish Dance on July 12` viii. Theatre Group on August 2nd Edgar Hall: I. Garage sale held ii. Euchre Tournament held iii. Euchre Wednesday & Friday iv. Fur & Feather meet on Tuesday v. Strawberry June 26` — tickets on sale as of tomorrow vi. Number of summer family reunions 6. Financial Reports: Financial Reports were distributed. Discrepancies are to be reported to Shawn 7. Staff Report: a. Elections: October 12 -16 and 25th_ possible dates for use of community halls b. Memorandum: UV Sterilization Unit I. Shawn will laminate flyers to post ii. Maintenance binder regarding UV is now in the hall c. Fall Recreation and Community Services Brochure by Mid July d. Older Adult Clubs: I. Trying to establish older adult groups using halls as hubs for activities. le exercise groups, computers, etc. ii. Applied for a grant for equipment iii. Need someone to champion the group in the community iv. Senior Marigolds are a possible source v. An information article in the Fall brochure could be beneficial e. WHI MIS and Health and Safety I. Will be incorporated into the manual f. Fees and Charges — Rate Structure L Send to Shawn ii. Similar rates iii. Rates should be consistent amongst similar halls iv. Alcohol events are getting more costly v. Send in names of hall board members if you haven't 8. Other /New Business: a. Fire Drill: I. Walk through, notify Shawn when completed ii. Will be acknowledgement of training in manuals 9. Moved by David MacMillan that the meeting be adjourned * Next meetins to be held on Monday September 27` at 7:00pm in Hawkestone Hall.* Page 136 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Irwin, Doug From: Noah Kearey- Moreland [nkmoreland@hotmail.com] Sent: June 17, 2010 12:02 PM To: Irwin, Doug Subject: RE: additional material for submittion for Oro - Township re suncrash Attachments: disclaimer6.gif Correspondance request from Suncrash Organizers. We would like to request a conditional approval of the Zoning by -law exemption and noise by- law exemption until 12 midnight on the date of Sat Aug 7th 2010. Conditional on the successful completion of the registered application. Thus granting council the right to withdraw their consent should any department not be willing to support the event by the July 14th meeting of the whole. There are aspects of the application that require the assumption of council support in order to proceed such as the Fire departments report as well as the issuance of a special event liqour permit. Thanks again for everything Mr. Irwin. Hope this helps to sort out our position. Sincerely Noah K -M. Page 137 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... 0 Tore Proud Heritage, L-xcidug Future Any written or electronic submissions and background information for consideration by Council/Committee must be submitted to the Clerk by 4:30 pm on the Wednesday of the week prior to the preferred meeting. Electronic submissions should be submitted in Microsoft PowerPoint /Microsoft Word format. Deputation Request Not Granted pursuant to Preferred Meeting and Date: June 23` Section 16 1) of Procedural By -law I am requesting deputation to speak: 2010-080 as Council received a deputation on this event at its meeting of April 21, 2010. a) ❑ on my own behalf; or b) X on behalf of a group / organization / association, if b), please state name of group/ organization/association below. Suncrash Charity Music Festival would like to use: ❑ projector ❑ laptop Name(s) of Speaker(s) A deputation wishing to appear before Council /Committee shall be limited to no more than two (2) speakers with a total speaking time of not more than ten (10) minutes. Noah Kearev- Moreland Subject of Presentation Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of any electronic presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to the Clerk's Office in accordance with the guidelines for Deputations /Delegations outlined in the Township's Procedural By -law. To request a zoning by -law exemption and noise exemption until 12 midnight for the date of Sat Aug 7 The reason for this request is to hold an event on our private family farm that provides a venue for local performers to showcase their talent while providing a venue for local charities to display their programs while having the opportunity to seek out new volunteers This is a not for profit charity event that donates all proceeds to charity and hires local companies to provide necessary services This is an event that has proven to be a big community support program with positive results in the past three years and plans to move to a bigger location by next season Reason why this presentation is important to Council and to the municipality: This is important to the Council because it is a volunteer run event that is self sustaining requires no outside funding and has nothing but positive impact on the surrounding community. It is councils responsibility to seek out and facilitate programs in the community that act as a constructive contribution to the social fabric of Oro - Medonte. Date of Request: June 14`" 2010 Signature(s) of Speaker(s): Noah Kearey- Moreland Address: 2520 Bass Lake SD R E, Orillia Ont, Canada. L3V 6H1 Telephone: 705 305 9907 Fax: Email: nkmoreland @hotmail.com Note: Additional material maybe circulated/ presented at the time of the deputation. Scheduling will beat the discretion of the Clerk, and will be confirmed. There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior commitments may make it necessary to schedule an alternate date suggested by the Clerk. n r �1¢ tr rti rS�t c ag, a� ed for u o d #, � er lies S��dtie 2 Sri r - f P 3t OF � i � � �� � $ h� C1e shy. ratic3nl$ff�he Ti ship o` K� Md site 05/2010 Page 138 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Excerpt from By -law No. 2010 -080 - A By -law to Govern the Proceedings of Council and Committees/Technical Support Groups of Council in the Township of Oro - Medonte 16.0 DEPUTATIONS /DELEGATIONS a) Council /Committee will entertain up to three (3) deputations /delegations per meeting. b) Persons desiring to present information verbally on matters of fact or make a request of Council /Committee shall give notice, in writing on the prescribed form, to the Clerk by 4:30 p.m. on the Wednesday of the week prior to the preferred meeting, stating the purpose of the Deputation and providing a general outline of the subject matter. C) No additional deputations to Council will be permitted with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act. d) Council /Committee may, at its sole discretion, entertain deputations /delegations with less notice as circumstances warrant. When determining if a deputation /delegation will be heard with less notice than stipulated in Section 16 b), consideration shall be given to the Township's Accountability and Transparency Policy. e) Deputations shall be limited in speaking to not more than ten (10) minutes. f) A delegation wishing to appear before Council /Committee shall be limited to no more than two (2) speakers with a total speaking time of not more than ten (10) minutes. g) Upon consent of the majority of Members present, the ten (10) minute time limit for deputations /delegations may be extended. h) Persons requesting to appear before Council /Committee shall be advised of the time limitation in advance of their deputation. i) Specific types of audio visual equipment may be used to assist in deputations /delegations to Council /Committee, provided that such equipment has been requested from the Clerk at the time of the deputation /delegation request. Deputation /delegation material must be provide in an electronic format to the Clerk by 4:30 p.m. on the Monday prior to the meeting date. j) The Chair of a Committee Meeting or Council Meeting may expel or exclude from the meeting, any person who in the opinion of the Chair, has behaved improperly. k) Deputations /delegations appearing before Council /Committee with respect to the same matter on the agenda will be requested to limit their deputation so as not to repeat the same points. 1) Deputations /delegations to Council /Committee will be limited to one appearance before Council /Committee with respect to the same matter. m) Deputations /delegations to Council /Committee will be encouraged to provide written copies of presentations. n) No deputation/delegation shall: i) Speak disrespectfully of any person; ii) Use improper language or unparliamentary language; iii) Speak on any subject other than the subject for which they have received approval to address Council /Committee; iv) Disobey the rules of procedure or a decision of the Chair of Council /Committee. o) Upon the completion of comments to Council /Committee by a deputation /delegation, any discourse between the members of Council /Committee and the deputation /delegation shall be limited to members asking questions for clarification and obtaining additional, relevant information only. Members of Council /Committee shall not enter into debate with the deputation /delegation respecting their comments. Page 139 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Suncrash was designed with a five year plan in mind that would take this event from a private function for a few hundred into a township run event that is open to over a thousand possible guests. The increase in budget has gone from $10000 the first year to $27000 in it's fourth year. The first year's were seen as an investment in order to establish a following and reputation capable of sustaining a move to a commercial venue. Our five year expectation started with an initial audience of 250 increasing to 400 than 600 followed by 800 and finally seeing an audience of 1000 people in it's fifth year giving it the stability to approach potential sponsors and anew venue. So far we are on track and even a little ahead of schedule regarding community recognition where a new venue is already lined up for Suncrash 2011 which will be our fifth year. Over the past three years we have been able to donate over $3000 operating at a loss except for year two where we broke even with a $1500 surplus which was donated to charities such as Green Haven Women's shelter, St.John's Ambulance, and the Sharing Place Food Bank. To whom it may concern: We have provided countless examples of what Suncrash embodies and how we act to benefit the community in general. Our intentions are clearly volunteer and charity driven which is why commercial influences should not play a role in determining the validity of our request. Given the approval that we are seeking through the council we will be able to proceed with our initiative which is to provide a venue for local up and coming artists while enhancing awareness and raising funds for local charities and programs. The argument that we should not be allowed to proceed this year on our suggested venue due to lack of zoning is a pre - emptive strike which does not follow through as there exists a fee ($2450) as well as a permit application through which temporary zoning exemption may be granted. We have demonstrated all the responsible guidelines that such an event should go through in order to be eligible for such a request and feel that denial of our request would in effect demonstrate the unwillingness of the township to support such a community empowering initiative. We have done every step asked of us and have had no incidents to date regarding permits or injuries to guests or participants. Despite the successful administration of our charity concert on the Kearey - Moreland farm we have established an agreement to host the event at a properly zoned venue in the year 2011. All we ask is the co- operation of the council in demonstrating that compliance with set up rules and guidelines may be supported by council approval. In truth a private collective of voters in your community have poured four years of heart and soul into developing a constructive event that productively engages local youth with their environment with positive outcomes for multiple not for profit organizations and artists of many disciplines. We have extended our hand multiple times for a partnership and last year's support was the first step in demonstrating your faith and support. Everything was done to ensure that that faith was rewarded by an incident free, successful event. Please help us to stay on the path we are on to grow our event. Thank you for your consideration and time in this matter. Sincerely, Noah K- Moreland. JUN 16 1010 01 R 1- 1EOOINM Page 140 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Draft Budget Year 2009 Stage /Sound /Soundcrew $2500 Insurance $1000 Permits (Township /LCBO /Fire) $2800 Marketting (media/posters/Web) $750 Police $ 3200 Tickets $100 Bus Transportation $1500 Washrooms /handwash stations $2750 Bands $1800 Rentals ( generators /fencing /lights /tents) - $2000 Fuel - $300 Alcohol for Beer Garden - $2300 Private Security - $1500 Food for Volunteers, Police, Performers - $800 Paramedics (Ex- medic, St John's Amb.) - $1350 Total Expenses - $24650 Ticket sales for 2009 : 300 (9$35 , 150@$40 = $16500 Parking 250 Cars @ $5 = $1250 Township fee return $2450 Alcohol Sales $3700 Rental to food vendors $300 Total revenue $24200 Total Donations $ 700 Personal loss of $1150 Page 141 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Draft Budget Year 2010 Stage /Sound /Soundcrew $3000 Insurance $1000 Permits (Township /LCBO /Fire) $2800 Marketting (media/posters/Web) - $1000 Police $ 4500 Tickets $100 Bus Transportation $1500 Washrooms /handwash stations $2750 Bands $1800 Rentals (generators /fencing/lights /tents) - $2000 Fuel $300 Private Security $1500 Food for Volunteers, Police, Performers $800 Paramedics $1500 Alcohol - $2500 $27050 total Projected Revenue 2010 Ticket sales - 500 @$30, 25003$35 - $23750 Alcohol Sales $5000 Food Vendors $500 Parking 300 @$5 - $1500 Return of Township permit fee. $2450 Projected Total Revenue $33200 Potential for $6000+ in donations. Page 142 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Kids For Turtles P N jW 4� Environmental Education kidsforturtles.com Kids For Turtles Environmental Education P.O. Box 2497, Orillia, Ontario L3V 7A3 705- 325 -5386 April 12, 2010 Dear Suncrash Committee, (Amber and Noah), Kids For Turtles will be pleased to participate in and set up a booth at the Suncrash Festival for 2010. We would like to thank ,you for considering us in your list of recipients, and will assist you however we can. I have attached the logo for you; please let me know if you require any other supporting documents. Regards, Elaine Proudfoot Office Manager Kids For Turtles Environmental Education Elaine @kidsforturtles.com Page 143 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Sarah J Spurr 178 Mississaga St. Orillia, Ontario sjspurr`alive.com April 11, 2010 Dear Council of Oro- Medonte Township I'd like to share a few words with the council about some thoughts on my first encounter with Suncrash Festival in 2009. A pleasant surprise it was, to discover such young and fresh initiative upon my return to the Orillia area. After taking approximately 5 years away to pursue travel and exploration I have come back, fully inspired and prepared to rediscover what hidden treasures may have been waiting for me here back in the "Sunshine City ". I'm currently finishing a business studies diploma at Georgian College and am actively developing an entrepreneurship on the main street of Orillia. Quaker Oaks is our family run business, in which we invest a great deal of personal and collective creativity. It's exciting to be a part of the downtown business community, and I feel drawn to what I believe is a city with budding potential. I have many ideas about future possibilities, and have recently joined the Downtown Management Board as a result. I may be the youngest and possibly greenest member in terms of political involvement, however I feel proud to say that I will now have a voice. I hope to be instrumental in any positive transformations. I'm doing my best to introduce myself to community members and other business owners in hopes of becoming an approachable and helpful connection. The overall branding of Orillia is a topic of importance, in which I feel there is great potential. The area is already known by many for its thriving arts community. Sources of activity include, the Opera House, Mariposa Folk Festival, Museum of Art and History, Starry Nights, Streets Alive, Festival of Barriers, Beatles Fest, the many artists studios on Peter St, and much more. The artistic identity associated with this area is obvious, and I would love to see more, not only within, but across neighbouring communities as well. Suncrash festival is an excellent example of how cross community integration can work. It was wonderful to explore an area with my friends, outside of the city when following the signs to the Suncrash venue. It was beautiful, and the trees on the property naturally formed the perfect stadium. The venue was alive and on display as much as the artists who we came to watch perform. In addition to its artistic contribution, I feel that local youth population deserves the type of attention positive events such as Suncrash can provide. I attended secondary school here and know what it is like to be a teen in Orillia; I hope to see more opportunity for Page 144 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... 2 future generations. I can now look at the area from a "young adult' perspective and once again feel that there could be more to offer the twenty something age demographic; not only for those who are returning but those who have chosen to stay. We must remember that we are the proud hosts of two reputable post secondary institutions as well; Georgian College, and Lake Head University. If we wish to be attractive candidates for a thriving student community we must be hospitable and supply appropriate activity for this group. Because I am a young entrepreneur I am always looking for inspiration, and find it extremely encouraging when I can see others just like me making things happen. It's amazing to watch people become empowered when they can be free to make dreams come true; they can flex their rights by investing personal hard work as well as independent dollars into the economy. Young entrepreneurship should be honoured and celebrated everywhere, and I would like to see that it is fully supported for us, here. I feel that for our generation, it is our turn to give back what we perceive to be meaningful contributions to the world. In Orillia events such as the Mariposa Folk Festival reflect the efforts of generations before us, and now it is interesting to see this new wave of cultural go- getters emerge. We all know that there will be a void to fill as baby boomers retire. It has possibly never been more important for younger generations to step up and get active. The experience that individuals such as Noah Kearey- Moreland and Amber McGarvey will acquire from this endeavour is valuable. The quality of learning that must come from the successful planning, organizing and promoting of an event such as Suncrash is great. The ability to transform and idea into a reality especially on this scale is not an easy task. I can't imagine the scale of associated risk and obstacles, yet they have persevered. The discipline shown by these young entrepreneurs sets an excellent example. Other honourable praise can be directed to the Suncrash mission: A non- profit festival. which supports the arts and encourages volunteerism and giving among the youth. This message is a part of the experience and will go home with every person who comes in contact. Music, art, dancing, celebration, nature, respect, and peace are all words that come to mind when I think about what I have witnessed. I was in the presence of children, youth, adults, animals, musicians, vendors, families, and friends alike on that day. I had the opportunity to network with members of the community as well as visitors who had arrived to be shown a good time. I operated a booth where we sold food and products from our shop, and I was very fortunate to see many of the Suncrash guests visit the store the next week as a result. For my business, the event was one of my favourite promotion opportunities of the summer. Since the event, I still keep in touch with many of the new friends I made. We get excited talking about what this year will bring. I loved the art installation in the forest and hope to contribute something of my own this year. I love that I have something to look forward to all the way into August! Page 145 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... 3 I'm one of many who plan to participate this summer. I look forward to investing my own creativity and energy to ensure this event extends itself for others to enjoy in the future. As a local entrepreneur, DMB member, young adult, peace advocate, and Suncrash vendor I look forward to our partnership this season. It will be a memorable one. Thank you for your support. It is instrumental to the success of our efforts to achieve a sustainable climate of youthful initiative, charity, and volunteerism in this local area. Sincerely, Sarah j Spurr Page 146 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... City of Orillia t*S "• Y Department of Culture & Heritage 50 Andrew Street South, Ste. 300 Orillm, ON UV 71"5 Noah Kearcy- Moreland Suncrash Music Festival 2520 BassLake SD R E. Orillia, Ont. Canada. L3V 6H1 March 31, 2010 Dear Noah, It was my pleasure to attend Suncrash 2009 with my two sons, ages 2 and 6. My purposes for attending were threefold: 1) As Vice President of the Orillia & District Arts Council, I was signatory to the Special Occasions Permit and wished to observe the event and ensure adherence to the Permit and our signed agreement 2) As Manager of Conurtunity & Cultural Development for the City of Orillia I am often tasked with Event Management and Prograrruning. I was compelled to see how the Suncrash event was structured, what demographic was present and how these people were engaged 3) As a lifelong fan of independent Canadian music I believe that supporting "up and comers" is the best way to develop the commercial and artistic potential of the industry in our region and across our country Though I am new to the area, I was able to locate the site easily. I was directed quickly and courteously into the camping area; people were delighted to see my children and engaged thetas in a fun, respectful marmer; the stage ran on tine; the site was very well thought out with ample facilities provided, quality food and a visible (if somewhat bored) police presence. The licensed area was fenced and gated with security present at all times. It was a professional operation with a volunteer crew: good job. But here is what really impressed me: all artists were paid, the sound company was paid, all licensing and permit fees were paid, paid duties were paid - everyone was paid except the people who did the lion's share of the work. I estimate approximately 7000 man -hours for your team to pull off what they did, most of these worked by a small, core group of 5 or 6 people, all of whom are under 30. That you then take the proceeds and donate them to Couchiching Jubilee House and Green Haven Women's Shelter speaks volumes about the values of your audience and your team's dedication to community development. Page 147 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... City of Orillia Department of Culture & ,Heritage SO Andrew Street So uth, Ste. 300 Orillla, ON L3V 7TS Recently I returned from the Olympics where I was Production Manager for Yukon, NWT and Nunavut Territories in the Cultural Olympiad. I have produced dozens music festivals and hundreds of smaller events, booking talent, marketing, coordinating technical and site logistics: I have never seen anything quite like Suncrash. I cannot overstate bow impressed I am with both the level of organization and the commitment of your team. In 20+ years of work in the live performance industry Suncrash stands out for its combination of rigourous organization and conrnnuiity mindedness. While Suncrash is still quite a small event, there is a solid foundation for sustained growth should the organizers choose to move in that direction. Lastly, 1 take heart from your personal involvement in the Oriilia Festivals Committee. You, personally, have consistently provided input and vision that is simply not available to the other people seated at that table. This insight and fresh approach is vital as we seek to expand the role of festivals and events in the social, cultural and economic health of the region. I took f(S `Nvard to future opportunities to work together, Michael Martyn Manager of Community & Cultural Development Page 148 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Paso Por Paso Paso Por Paso, rigisre d Cmiadian Chanty # 85527- 9329-RROU1 htn� � ilu i, 'v rc(}�rr -r n cmml:Past>P�q+as <irillia n);mail.cnm -. Mail P2 <n 1'reasucey X223 Linc 12 N., RR2 (:old�cacer, 09V:LOKTEq Tel: 705 -835 -1218, or 705- 325 -6209 Canada -Maya Scholarship Fund (part of Paso Por Paso) To Whom It May Concern: Re: Suncrash Music Festival Canada -Maya Scholarship Fund assists five poor indigenous college and university students in Guatemala. Last year our group participated in Suncrash Music Festival. We were very pleased with our reception by the young people attending the festival. We were very impressed by the management's preparation for the event, the layout and cleanliness of the site, the security, the volunteer helpers. Most of all we were impressed by the decorum of the people attending. If they are representative of `Canadian youth', our future is secure. We urge local police, ambulance, media, municipalities, community service organization, and local businesses encourage and actively support the organizers of Suncrash Music Festival in their efforts. The Suncrash Music Festival and its organizers exhibit all the best qualities of Canadian youth: politeness, respect for neighbours and community, deference to authority, regard for safety, moderation in behaviour, and self discipline while providing opportunities for young talent and exposing young people to worthy charitable causes. Sincerely, /Oct Z-:5 L. (a � f 114 i, VA Page 149 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... SHADOWBOX Learning Services Inc. PO. Box 2237 Orillia. Ontario L3V 6S1 PHONE: (705) 325 -6885 FAX: (705) 325 -7856 info@ shadowbox, ca www.shadowbox.ca April 9, 2010 Will McGarvey Shadowbox Learning Services Inc. Mr. Noah Kearey - Moreland Suncrash Festival Organizer Oro - Medonte, ON Dear Noah: I am pleased to write this letter of support for your Suncrash youth charity music festival. The 2009 event was my first experience attending your festival. I was accompanied by my wife and family members visiting from Toronto. We were all very impressed with the organization of this event and the community feeling provided by this day in the country. The audience was a very comfortable mix of people of all ages, the music was enjoyable and the charities enjoyed both participation opportunities and awareness for youth. The experience was peaceful, engaging and an enjoyable small festival which speaks well for the unique character of the Oro - Medonte hills. It is the kind of creative event that helps promote our region beyond the traditional settings of our larger centers of this county. As chairman of the Lakehead University Community Relations Advisory Committee and Chairman of the Arts Committee for the Orillia Museum of Art & History I support the types of events for our region that help build our character as a community. It is commendable that you wish to engage youth in your events and get them involved in their communities. I further support your efforts to contribute to charities especially in these years of economic challenge. Keep up the great work; best of luck with this event. Sil�erely Will McGarv� President S.L.S. Inc. THE LEARNING SOLUTIONS COMPANY Page 150 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... a Orillia & District Arts Council • 37 Mississaga Street West Orillia Ontario Canada L3V 3AS 705 3292333 4/12/2010 Suncrash 29 fitton heights Orillia ON L3V 4M7 Dear Noah and Amber: Thank you for your letter of March 28, 2010, inviting the Orillia & District Arts Council to participate in the 2010 Suncrash Charity Music Festival. I am pleased to advise that the Council would be honoured to participate in this very worthwhile event once again. Attached is a copy of our logo as requested. I would like to take this opportunity to commend you both on the huge success of this annual event. Your hard work has paid off —this is truly a wonderful way to showcase young talent within the community and bring arts to the community, while increasing the visibility of local charities and not- for- profit organizations. Comments from attendees have been extremely positive and enthusiastic — keep up the great work! Many thanks for including the Council in this venture once again. YMot— ' n � Q C�/�aXt Anita Purcell President Fax: 705 329 4099 ad m i n(W or i l l is a its co u n ci I.ca www. on I l i as res c o u n c i I. ca Page 151 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... -a+ Ju; 37 r -rnail Story Print &I M14 Text Size Report i ypo i Cc:nmert> Five bands, two solo artists and a DJ with more than a touch of soul headline the second annual Suncrash music festival this weekend. Proceeds from the Aug. 2 concert and camp -out at the Moreland family farm will again go to support Green Haven Shelter for uVomen, says organizer Noah Moreland. "I've always been a believer that when you get a whole bunch of people together, you can do a lot of good," Moreland said. "It's important to get young kids engaged in the community they live in. One way to do that is through music." The inaugural festival, held last August, drew 250 people and showcased local bands, solo performers and a DJ. "For what we were expecting it was pretty close to what our goals were," he said. Mlle were aiming for about 300 people.' Emerging indie -rock band the Golden Dogs - featuring guitarist and hometown native Neil Quin - are among those included on the roster of acts booked for this year's show. Others on tap include Spiral Beach, the Sixty- Eights the Weybourne Project Sadie May Crash, Laganza, Major Grange. and the Doug Trucker Band. DJ Dan Reid is also on the bill. "The Golden Dogs have been really big on the college scene around Ontario and have done the South by Southwest Festival in Texas." Moreland added. A side stage featuring brief sets by musically inclined concertgoers is also planned. That (schedule) has already been filled up," he said. "It opens it up to folks who don't want to be on the big loud stage. It's more for laid track acoustic stuff." Guests are invited to erect tents onsite, in a lush field located between forested areas. Moreland said he wants to assure participants the festival is "no dash - together' event. Private security will be on site, while concertgoers can expect access to rest stations and shuttle bus service. The farm is located at 2520 Bass Lake Sideroad E. Gates open at noon. with the first band beginning at 2 p.m.Tickets are $30 and are available at True North Music. Moreland is encouraging carpooling. as parking is limited. Page 152 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... From: telecareorillia @csolve.net To: amber.suncrash @hotmail.com Subject: TELECARE DISTRESS LINES / SUNCRASH MUSICAL FESTIVAL Date: Fri, 21 May 2010 10:05:46 -0400 Good Morning Amber, I just wanted to drop a line to say Hello. The last time we conversed by e-mail was on March 81n Time does fly by fast and before you know it August 7` will be here. Telecare is still extremely interested in publicity and awareness for anyone that may need someone to talk to! The possibility of a financial donation from your event would be received graciously in order to ensure that our telephone lines are open 24 hours a day, 7 days a week. I hope this meets with your approval to attach pertinent information about our services for your SUNCRASH TEAM to review. I am interested in how you are doing wilh all of your preparation. I look forward to your response when you can spare a moment. Kindest Regards, Sandra Sandra D. Barker, Telecare Coordinator Page 153 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Media Articles There will be more things to do and more charities to help at this year's Suncrash Charity Music Festival. Tickets are now on sale for the third annual event -- held on the Kearey- Moreland farm on Bass Lake Sideroad near Line 14 -- which includes a day and night of music and free onsite camping. The past two festivals drew larger crowds than Noah Kearey- Moreland, one of the organizers, expected. So, he's planning this year's event with the expectation that the crowd will grow again. "The more people who come out to support it, the more people it will benefit in the long run." As usual, a donation will be made to the Green Haven Shelter for Women, but other groups have been added to the list this year. They are the Orillia Fish and Game Conservation Club, Orillia Community Gardens, Canada -Mayan Leadership Fund and St. John Ambulance. Those who attend the festival on Aug. 1 are also being encouraged to bring donations of food or money for the Sharing Place Food Bank. More than 20 acts will be performing. Those who attended last year will likely remember the returning musicians, including Spiral Beach, Major Grange, Sadie May Crash and Maneli Jamal -- "a guitar virtuoso" who is "absolutely incredible,' Kearey - Moreland said. Performers that are new on the festival bill this year include Run with the Kittens, The Gnomes, Margin of Error, and William Del Ray and the Sexy Moving Parts. A DJ will be playing music following the live entertainment. As the young Suncrash festival matures, organizers are trying to "go for more of a festival vibe,' he said. There will be games and a painting area -- things that will appeal to kids, too -- and the charities will have booths set up. Food vendors will also be there. Organizers are expecting 700 or more people this year. Posted By NATHAN TAYLOR, THE PACKET AND TIMES Posted 10 months ago This year's Suncrash Charity Music Festival will be jam - packed with a variety of entertainers. It will also be "a pivotal year to define the future of Suncrash," its organizer said. The third annual festival will take place this Saturday, and Noah Kearey - Moreland is hoping it will be the most successful yet. Hopefully, Kearey - Moreland said, visitors will see the festival for what it is: a unique experience that benefits worthy charitable causes. The Green Haven Shelter for Women will once again be receiving a portion of the proceeds, as well as the George Langman Wildlife Sanctuary at the Orillia Fish and Game Conservation Club, Orillia Community Gardens and the Canada- Mayan Leadership Fund. Donations will also be accepted for the Sharing Place Food Bank. Page 154 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... "This is a year to really demonstrate the strength of what we're doing," Kearey - Moreland said. "It's our chance to prove that what we're doing is a good thing for the community at large." His goal is to bring in 1,000 people. The better the turnout, the more money there will be for charity. The festival will feature a live DJ /dance party, riverside trails, food and drink vendors and two stages, with more than 20 musical acts, including Run With the Kittens, Doug Trucker Band, Spiral Beach, Sadie May Crash, Major Grange, William Delray and the Sexy Moving Parts, Margin of Error, and Maneli Jamal. New this year will be a kids' area that will include face painting, arts and crafts and more. Tickets cost $40, including overnight camping, and are available at these locations: Orillia -- Extreme Rockstar Clothing, The Shadowbox, True North Music Toronto -- Rotate This, Soundscapes. The festival will take place at the Kearey - Moreland farm at 2520 Bass Lake Sideroad E. "This is one Saturday night in the summer that we've provided something different for people to do," Kearey - Moreland said. For more information, including rules and guidelines for the festival, email or check out the festival's Facebook group. Suncrash is all about 'good vibes' Posted By SARA ROSS, THE PACKET AND TIMES Posted 10 months ago Sean O'Leary was in awe as he gazed at the third annual Suncrash Charity Music Festival stage and saw faces from his past. "I knew these guys from high school," he said. "Oh my god, it's so awesome.' O'Leary travels to his hometown from Vancouver every year to see old friends rock out on stage. "It keeps getting better," he said David Morton, one of the event organizers, said highlighting up- and - coming, local talent is Suncrash's goal. "These are all Orillia people, so it's great to showcase, in their own hometown, how great these people really are," he said. "A lot of them have moved to Toronto, but they are really happy to be back to play for their hometown." Funds raised from the festival will support The Green Haven Shelter for Women, the George Langman Wildlife Sanctuary at the Orillia Fish and Game Conservation Club, Orillia Community Gardens and the Canada- Mayan Leadership Fund. Donations were also accepted for the Sharing Place Food Bank. "This event is all about good vibes on every level,' Morton said. "Many bands are donating their time as well.' Page 155 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... The festival featured a live DJ /dance party, riverside trails, food and drink vendors and two stages, with more than 20 musical acts, including Run With the Kittens, Doug Trucker Band, Spiral Beach, Sadie May Crash, Major Grange, William Delray and the Sexy Moving Parts and Maneli Jamal. There were also kids activities and crafts, all on a plot of farmland on Bass Lake Sideroad E. "I love this area, it's such a relaxed area and it has a really nice atmosphere,' said Scarlett Coppins, who travelled from Toronto. "You just know that the people you are going to meet here and the time you are going to have is going to be great." In hopes of being seen as a legitimate festival, Suncrash added a licensed beer garden to this year's event, Morton said. Morton hopes the community- based event grows well into the future, he said. "I hope to grow it into the point that it's a two -day festival; a bigger festival," Morton said. "The future of this event is just more of it, more love, more peace. Farming tunes, cash for charity Third annual Suncrash Charity Music Festival on today Posted By JOHN SWARTZ, FOR THE PACKET AND TIMES Posted 10 months ago Forty years ago this month, a little event happened in Watkins Glen, New York. You might remember reading about it and seeing the images on TV. Heck, one or two of you were probably there. There's Woodstock. Of course, here in Orillia, the townsfolk were still recovering from the last Mariposa Folk Festival six years earlier; some probably saw a natural progression toward what became of music festivals. Mariposa eventually came home to open arms like a long lost relative and proved that it deserved to remain home. Meanwhile, two years ago in the wilds of Oro - Medonte Township another music festival quietly began. The Suncrash Charity Music Festival happens today and the third iteration promises to be the biggest yet. Like Woodstock, it takes place in a farmer's field, the Moreland Farm on the 14th Line next to Bass Lake Provincial Park. Noah Kearey - Moreland had the idea, his brothers, Jacob and Caleb, and friends provided the manpower and musician friends came to play. Other than having twice as many people attending last year (450 people), it felt like a small little get together among friends, but with a real stage and enough power to put on a really good rock show. Airick Woodhead of Spiral Beach played the event last year. He's back with his band to do it again this year. "It's funny because where I come from with my family, growing up was always going to folk festivals with my parents and that's very involved community of people who put together the shows. "I think now in Canada you are seeing more festivals like Suncrash. It's got the folk festival kind of atmosphere, and positivity and community, but the music of course is more rock." Page 156 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Woodhead picked up on exactly the kind of creation Kearey - Moreland was aiming to produce "The festival is all about helping the community and being supportive with local musicians, artists and charities," said Kearey - Moreland. In two years, $2,500 in proceeds from Suncrash have been donated to Green Haven Shelter for Women and St. John's Ambulance. This year, Kearey - Moreland has picked five charities: Green Haven, the Orillia Community Gardens, the Sharing Place Food Bank, the Orillia Fish Game Wildlife Conservation Club and the Canadian -Mayan leadership Fund as recipients of any proceeds. "I think that about 800 is a reasonable estimate. Our permits are up to a thousand," he said. Kearey - Moreland believes he could have $10,000 after expenses left over to donate to the above charities if 1,000 people attend. The music is decidedly rock and the people who go to enjoy are young adults, or still trying to be. Kearey- Moreland ran an uneventful event in terms of unwanted activity or behaviour by his audience and he wants to keep it that way. "We have activities for kids. That's a big addition, so it's more family friendly," Kearey - Moreland said. So how does that explain the headliners, Orillia's own Run With the Kittens. Back in the 70s, to appreciate a band like that, one normally would be, well, not normal. Front man Nate Mills is not your run -of- the -mill rock persona and the band alongside him isn't either. They come off a little like Devo, a little like Weird Al, and a little like the B -52s (without the beehive hair) -- but with far superior musicianship. "Devo is not our top influence. I really like Beck. He was a big influence in my songwriting back when I was in university. The classic stuff Johnny Cash, Hank Williams, classic '70s rock, Zeppelin, Joplin, Hendrix and White Snake," also influenced Mills's songwriting. How good is this band? Two of their CDs were produced by Terry Brown (who also did the mixing for their Live at the Cameron House CD). Certainly a few eye's bugged out just now, recognizing the name of the man who produced some of the best rock to ever be made in this country by a little band named Rush. To know Mills is to know you can rely on hearing an interesting and funny story. The one of how he and Brown hooked up is just such a story, though a little too long for this space. "When I met Terry Brown, I knew who he was after he told me who he was, and I thought -- son of ,a gun, I'll bet he's going to want to produce us," Mills recalled. Mills knew of Brown because of the connection to a band he regards as his least favourite. You can find pictures of Mills sporting an "I Hate Rush," T -shirt on the web, but that didn't stop the two from forming a good relationship. "There's actually a photo of Terry and 1 in the studio with our arms around each other, smiling at the camera, and I'm wearing my "I Hate Rush" T- shirt," Mills laughed. Also performing on the main stage are, Sadie May Crash, Major Grange, Orillia's Doug Trucker Band, William Delray and the Sexy Moving Parts (fronted by Orillian Matt Miller), Margin of Error, and Maneli Jamal. Tickets are $40, which includes camping (tents preferred). Unlike previous years, Suncrash is not a BOYB event this time. Page 157 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... "That's actually a big change from last year," Kearey - Moreland said. "Because of the specs of the event a BYOB license is not permitted for this type of event." "We do have a beer garden. That main field in front of the stage, half of that on the right hand side, pretty much all the way down to the stage is going to be the beer garden." Kearey - Moreland said prices will be more in keeping with what you'd expect at the legion, than a commercial establishment. The gates open at 11 a. m. Action on the second stage starts at 1 p. m. and the main stage show runs from 4 p. m. to midnight. Suncrash festival about more than music Community and social groups taking part Posted By NATHAN TAYLOR, THE PACKET AND TIMES Posted 1 year ago Ask just about any nonprofit organization or volunteer- run group what its greatest needs are and a likely answer will be more volunteers -- especially young ones -- and public awareness. The tricky part is figuring out how to grab the attention of youths and twentysomethings. Enter Suncrash. The daylong music festival, being held Aug. 2, will use the universal language to bring community and social groups face to face with a young audience "We're trying to give the young crowd a local venue where they can get noticed and, at the same time, get them more active and aware in their own community," said Noah Kearey - Moreland, one of the organizers. This is the second year of the festival; last year was a "test run," Kearey - Moreland explained. Their goal last year was 300 attendees, and 250 showed up. This year, organizers are hoping for a few hundred more. A Facebook group for the festival indicates hundreds are planning to attend. Online hangouts like Facebook and MySpace have been effective in reaching the target audience. Promotional videos and clips from last year's event can also be found on the website YouTube. MySpace is popular with musicians and many have shown interest in playing at the festival. The bill is at capacity with 10 acts and Kearey - Moreland has had to say no to about 30, he said. Headlining the festival again this year are The Golden Dogs, who have been recently touring with the likes of Sloan and Feist. Page 158 of 365 12a) - Correspondence package from Noah Kearey - Moreland re: Su... Spiral Beach, a Toronto band that has been accumulating critical praise over the past couple of years and is enjoying liberal play on Toronto radio with their single 'Made of Stone," will precede the headliners. Other performers include The 6ixty8ights, The Weybcurne Project, Sadie May Crash, Laganza, Major Grange and The Doug Trucker Band. After last year's event, the Kearey - Moreland family made a personal donation of $800 to the Green Haven Shelter for Women. They plan to make another donation after this year's festival. The women's shelter is one of the community groups that will be represented at the festival. "The only reason this is becoming as successful as it is, is the energy that's being put into it by so many people," Kearey - Moreland said. "It's definitely a community event already." It's a bring -your- own - beverage function with a no -glass policy. Once again, overnight camping is available. Washroom facilities will be onsite. The festival will be held at the Kearey - Moreland farm, a 70 -acre property off Line 14 North on Oro - Medonte Township. (Signs will be posted to direct people to the site.) A limited number of early -bird tickets are still available at a cost of $30. Once they're gone, tickets will cost $35, or $40 at the gate. Camping and parking fees are included. Tickets are available at True North Music on Mississaga Street. Gates open at noon, and live music will go from 2 p. m. to midnight, with entertainment by a soul DJ to follow. Sunday is pack -up day, and there are no scheduled events. For more information, call Kearey - Moreland at 305 -9907, David Morton at (416) 732- 5722 or e-mail sun.crash @hot - mail.com. Page 159 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -093 A By -law of The Corporation of the Township of Oro - Medonte to provide for the imposition of fees or charges (Fees and Charges By -law) And to Repeal By -law Nos. 2009-056,2009-081 and 2009 -115 WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS Section 9 of the Municipal Act, 2001, 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 Part XII, Section 391 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; AND WHEREAS Section 391(2) of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that a fee or charge for capital costs related to services or activities my be imposed on persons not receiving an immediate benefit from the services or activities but who will receive a benefit at some later point in time; AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by -laws respecting matters relating to waste management; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it necessary to levy waste management charges to finance the annual estimates for waste management; AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by -laws respecting matters relating to public utilities; AND WHEREAS The Corporation of the Township of Oro - Medonte operates and maintains communal tile beds hereinafter referred to as the "sewage works'; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it necessary to impose a sewer service charge upon those lands that derive a benefit from the sewage works; AND WHEREAS The Corporation of the Township of Oro - Medonte operates and maintains municipal water systems; AND WHEREAS Section 398(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides the Treasurer of a local municipality may add charges imposed by the municipality under Part XII of the said Act to the tax roll for the property to which the public utility was supplied and collect them in the same manner as municipal taxes; AND WHEREAS Section 69(1) of the Planning Act, R.S.O., 1990, c.P.13, as amended, provides that a municipality may establish a tariff of fees for the processing of applications; Page 1 of 22 Page 160 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... AND WHEREAS Section 7(1) of the Building Code Act, 1992, S.O. 1992, c.23, as amended, authorizes the Council of a municipality to pass by -laws requiring the payment of fees on applications for and on the issuance of permits, requiring the payment of fees for maintenance inspections, and prescribing the amounts of the fees; AND WHEREAS Section 5(0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, authorizes a municipality to establish, maintain and operate a fire department for all or any part of the municipality. NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte enacts as follows: 1. That this By -law be known as the "Fees and Charges By -law ". 2. That the following Schedules, attached hereto, form part of this By -law: Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Schedule G Schedule H Schedule I Schedule J Schedule K Administration Building Fire & Emergency Services Recreation and Community Services Planning Transportation Sewer Finance Waste Management Water Municipal Law Enforcement 3. That Appendix "1" attached hereto lists services and fees imposed under separate by -laws, Acts, Ontario Regulations. 4. Any person desirous of using those services or property of the Township of Oro - Medonte described in Schedules "A" to and including "J" shall pay the fee set out opposite the description or name of the particular service or property, as shown in Schedules "A" to and including "J ". 5. Despite the provision of Section 4, Council or its delegated authority may, in its discretion upon application to it, waive or reduce the fees set out in Schedules "A" to and including "J" for any person, on a one time or on a continuing basis. 6. All fees payable under this by -law shall be payable in advance of providing the service except for: a) emergency services; b) actions taken by the Township of Oro - Medonte to rectify failures or by -law infractions on the part of a resident; c) specific fees prescribed in Schedule "E" (Planning) to this by -law; in which case the fee payable will be in arrears and invoiced subsequent to the service or activity provided. If for any reason fees owing under this by -law remain unpaid after 30 days, same shall bear interest at the rate of 1.25% per month until paid in full. In addition to any interest owing, each payment that is not paid when due, shall bear an administrative penalty of $25.00. 8. Where a deposit is required under this by -law for services rendered by the Township, and actual costs exceed the deposited amount, such costs shall be deemed to be fees owing under this by -law and Section 7 of this by -law shall pertain to such outstanding costs. Page 2 of 22 Page 161 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... 9. Any fees that are owing to the Township of Oro - Medonte and that are unpaid are a debt to the Township of Oro - Medonte and, together with all interest and penalties accrued thereupon, may be collected by the Township of Oro - Medonte by action or may be collected by the Township of Oro - Medonte on its behalf or may be collected in like manner as taxes. 10. Should any Section, subsection, clause, paragraph or provision of this By -law, including any part of the Schedules to this By -law, be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By -law as a whole or any part thereof, other than the provision or part of the Schedule so declared to be invalid. 11. That By -laws 2009 -056, 2009 -081 and 2009 -115, are hereby repealed in their entirety. 12. Any other By -law or part thereof inconsistent with the provisions of this By -law is hereby repealed. 13. That this By -law shall take effect on the 1 st day of July 2010. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 3 of 22 Page 162 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "A" TO BY -LAW NO. 2010 -093 ADMINISTRATION 1. Compliance Reports (subject to 5 day turnaround time) (a) Building Information $50.00 (b) Septic Information $50.00 (c) Environmental $50.00 (d) Subdivision Information $50.00 (e) Zoning Information $50.00 (f) Development Charge /Lot Levy Information $20.00 2. Documents (a) Fire & Emergency Services Master Plan (Background material) $20.00 (b) Official Plan $53.50 (c) Zoning By -law $42.80 (d) Recreation Master Plan $40.00 3. History Association Books Note: All books are sold on behalf of the Oro - Medonte History Association. Prices include all applicable taxes. (a) Bayview Memorial Park $1.50 (b) Hills of Oro $3.00 (c) Kith'n Kin $37.00 (d) Knox Presbyterian Church $3.15 (e) Medonte A Township Remembered $37.00 (retail) $29.91 (wholesale) (f) Monty Leigh Remembers $8.35 (g) Oro African Church $15.00 (retail) $9.00 (wholesale) (h) Recent Past $8.35 (i) Story of Oro $13.65 0) Visible Past $17.85 4. Line Fence Dispute Administration Fee $30.00 /call 5. Livestock Claims Administration Fee 1 s claim in any calendar year $0.00 2 nd or subsequent claim in any calendar year $60.00 Veterinarian's Report Township Cost 6. Maps Planning (a) 11" x 17" $5.00 (b) Oversize $10.00 (c) Large format printer 36" x 48" (maximum) black and white $5.00 36" x 48" (maximum) colour $10.00 (d) Township Road Map $10.00 7. Miscellaneous (a) Assessment Information (floppy disk) $300.00 (b) Photocopies - for all departments - Black and White $.30 /page - Colour $.50 /page (c) Township Flag $57.00 (d) Township Pins $3.00 8. Municipal Address Signage (a) Sign Posts $ 7.00 (b) Municipal Address Sign $15.00 Page 4 of 22 Page 163 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "A" TO BY -LAW NO. 2010 -093 — ADMINISTRATION continued... 9. Land Purchase Request Administration Fee (non - refundable) $250.00 Deposit Upon Council's Approval $5,000.00 Note: In the event that the applicant chooses not to proceed with the land purchase request, the deposit, minus any costs already incurred by the Township with respect to the potential purchase /sale, will be refunded to the applicant. The applicant will be supplied with copies of invoices which shall identify the costs that have already been incurred by the Township. 10. Encroachment and License Agreements Application Fee $700.00 Annual Fee (utilizing own insurance) $100.00 Annual Fee (utilizing Township insurance) $200.00 11. Additional Costs Incurred When the Township takes actions to rectify failures, by -law infractions or situations created by, or on behalf of a person or company, such person or company shall be responsible for all costs including the cost of staff time, equipment expenses and other expenses incurred by the Township. The party responsible shall be invoiced for all costs. The minimum invoice shall not be for less than three hours of time. Page 5 of 22 Page 164 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "B" TO BY -LAW NO. 2010 -093 BUILDING 1. Calculation of Permit Fees 1.1. Permit fees shall be calculated based on the formula given below, unless otherwise specified in the schedule. The minimum fee for a permit shall be $150.00. Permit Fee = Service Index (SI) x Total floor area (A) Floor area (A) is measure to the outer face of exterior walls and to the centre of party walls or demising walls, except when calculating partition work. 2. Permit Fees Service Index (SI� 2.1. Building Classification & Construction: $ / ft $/m Group A, B, D, & E (Assembly, Institutional, Business & Mercantile Occupancies) a) New Construction 0.66 7.10 b) Renovation/ Alteration 0.28 3.01 Group C (Residential Occupancies) a) New Construction 0.80 8.61 b) Basement / Crawl Space 0.30 3.25 c) Renovation /Alteration 0.30 3.25 d) Accessory Building / Garage (Minimum $ 200.00) 0.40 $ 250.00 e) Interior Basement Renovation (Flat Fee $200.00) $ 75.00 - Class "B" (see Building By -law) Group F (Industrial Occupancies) Change of Use (No construction proposed) $ 75.00 a) New Construction 0.45 4.84 b) Renovation / Alteration 0.22 2.37 Agricultural Buildings (Maximum $ 800.00) 0.20 2.15 2.2. Other Miscellaneous Work: Flat Rate Portable Buildings $ 300.00 Placement Permit (Minimum 6 months) (plus security) $ 100.00 Tents - Up to 2,420 ft $ 100.00 - Over 2,220 ft $ 150.00 Wood Deck / Porch / Veranda - Up to 200 ft $ 150.00 - Over 200 fe $ 250.00 Demolition - Class "A" (see Building By -law) $ 75.00 - Class "B" (see Building By -law) $ 200.00 Change of Use (No construction proposed) $ 75.00 Moving or Relocating a Building (plus security) $ 100.00 Solid or fuel fired appliance (fireplace /woodstove) $ 75.00 Billboard Sign $ 150.00 Designated Structure under the OBC $ 150.00 2.3. Plumbing & Drain Components: Fee per Fixture Plumbing Fixtures as per OBC Tables (Minimum $ 75.00) $ 7.50 2.4. Sewage System: Flat Rate Septic Size Verification $ 100.00 Holding Tank (Class 5) $ 250.00 Leaching pit (Class 2) $ 100.00 Sewage System Permit $ 400.00 Septic Bed Replacement $ 250.00 Septic Tank Replacement $ 100.00 Page 6 of 22 Page 165 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "B" TO BY -LAW NO. 2010-093 — BUILDING continued... 2.5. Miscellaneous: Flat Rate Transfer Permit (to new owner) $ 75.00 Re- inspection Fee / Final Inspection $ 75.00 L.L.B.O. inspection & letters for occupant loads $ 100.00 Permit Revision (in addition to applicable permit fees) $ 75.00 File Search $ 50.00 Annual file maintenance fee $ 50.00 Applicable on permits not granted a provisional occupancy after two (2) years subsequent to permit issuance. 3. Refund of Permit Fees 3.1. Pursuant to this by -law, the portion of the total calculated permit fees that may be refunded shall be a percentage of the total fees payable under this by -law, calculated as follows in regard to functions undertaken by the municipality: a) 80% if administrative function only have been performed; b) 45% if administrative and plans examination functions have been performed; c) 35% if the permit has been issued and no field inspections have been performed subsequent to permit issuance; or d) 0% if any field inspections have been performed subsequent to permit issuance. 3.2. The permit fee shall be returned to the person named on the fee receipt, unless such person advises the Chief Building Official, in writing and prior to release of the refund, of a change in name, in which case the refund shall be returned to the person then authorized to receive it. 4. Deposits & Securities 4.1. Lot Grading Deposit $ 2,000.00 Applicable for new construction as required by Township policies & procedures. Refundable upon satisfactory inspection minus any applicable charges 4.2. Conditional Permit Security $ 5,000.00 As requested and issued by the Chief Building Official, to be paid in addition to applicable permit fees S. Notes 5.1. Fees for classes of permits not described or included in this schedule shall be determined by the Chief Building Official. 5.2. Total fee is payable upon receipt of completed application. 5.3. Where a person is found to have commenced construction or demolition of a building without the required permit, a fee of twice the normal permit fee will be applied to offset additional administrative costs. 5.4. If an overpayment of a permit fee occurs on a permit application and the overpayment is less than $50.00 the difference will not be refunded. Page 7 of 22 Page 166 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "C" TO BY -LAW NO. 2010 -093 FIRE & EMERGENCY SERVICES 1. Request for Fire Report $50.00 1.1 Residential Request for Information (a) Mortgage Clearance Letter $50.00 (b) Change of Ownership $50.00 1.2 Non - Residential Inspection (a) Day Care, Nursery $75.00 (b) Group Homes, Rooming Houses $75.00 (c) Hotels $150.00 1.3 Inspection of Premises or Building (not including inspections resulting from building permit applications) (a) under 20,000 sq. ft. $75.00 (b) over 20,000 sq. ft. $100.00 1.4 Inspections Required by L.L.B.O. $75.00 i.e. Inspection of public hall facilities that are requested by owner, etc. 1.5 Fireworks Inspections and Approvals $75.00 i.e. Inspection of the site from which fireworks will be and have been ignited or inspection of a fireworks storage site, if located within Oro - Medonte 2. Apparatus Stand -by $150.00 /hour i.e. Use of Fire Department apparatus for stand -by fire protection during shows, exhibition, demonstrations, etc. 3. False Alarms — Automatic alarm Systems /Detectors FLAT FEE $450.00 After 3 per 12 Month Period: i.e. non notification to work on system, poor maintenance 4. Elevator Calls —After First Call $150.00 S. Response to Open Air Fire Deemed Out of Control MTO RATES /HR. i.e. where resident is not in attendance or is unwilling or unable to adequately extinguish the fire 6. Motor Vehicle Collision Kings Highway MTO RATES /HR. 7. Air Boat Response $200.00 /hour Air Boat Staff $100.00 /hour /staff member minimum of 4 staff "Any person requiring the services of the Oro - Medonte Air Boar who is in contravention of any Federal or Provincial Act or Regulation or who has not exercised reasonable care in their actions, thus necessitating the use of the Air Boat, will be liable for costs incurred. Each incident will be billed for the actual time spent with a minimum charge of 1 hour. 8. Hazardous Materials Control /Clean Up $350.00 /vehicle /hour With a total cost recovery for all materials used $100.00 /hour /staff member Page 8 of 22 Page 167 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "D" TO BY -LAW NO. 2010 -093 RECREATION AND COMMUNITY SERVICES 1. Definitions: For the purpose of this Schedule: 1.1 "Non - resident' shall mean an individual who does not either reside or rent/own property within the boundaries of the Township of Oro- Medonte ". 2. Ice Rentals 2010 -2011 Season $53.00 /hour Prime Time (4:00 p.m. to Close & Weekends & Holidays) $148.00 /hour Non -Prime Time (before 4:00 p.m. Mon. to Fri.) $88.00 /hour Minor Sports $109.00 /hour 2011 -2012 Season Prime Time (4:00 p.m. to Close & Weekends & Holidays) $163.00 /hour Non -Prime Time (before 4:00 p.m. Mon. to Fri.) $101.00 /hour Minor Sports $120.00 /hour 3. Non -Ice Rentals (Arena Floor Space) Adult $53.00 /hour Minor Sports $41.00 /hour Floor for events /show $589.00 /day Floor for events /show with Dancing (including SOCAN) $653.00 /day 4. Public Skating Adults $2.00 (On admission (pay at the door) - no permit required) Youth $1.00 (On admission (pay at the door) - no permit required) Seniors $0.00 Pre - School $0.00 5. Banquet Hall Rentals Adult $31.00 /hour Minor Sports $31.00 /hour Tournaments /Banquets $177.00 1day Party/Reception (including SOCAN) $313.00 /day 6. Ball Diamond Rentals Adult with Lights $30.00 /hour Adult without Lights $15.00 /hour Minor with Lights $25.00 /hour Minor without Lights $11.00 /hour 7. Parks and Pavillion Large Pavillion (Hydro - accommodates up to 200 persons) $60.00 /day Small Pavillion (accommodates up to 100 -150 persons) $46.00 /day 8. Bayview Memorial Park/Line 9 Boat Launch Non - Resident Parking $20.00 /vehicle /day Non - Resident Parking Pass $110.00 /year Note: This fee shall be in force on Saturdays, Sundays, Victoria Day, Canada Day, Civic Holiday and Labour Day or any other day recognized in lieu of a statutory holiday, for the period commencing Victoria Day weekend to Labour Day weekend inclusive, in each year. Page 9 of 22 Page 168 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "D" TO BY -LAW NO. 2010-093 — RECREATION AND COMMUNITY SERVICES continued... 9. Facilities Old Town Hall $27.00 /hour $116.00 /full day Ian Beard Community Complex Room $15.00 /hour 10. Simcoe County District School Board — rates as outlined in current Joint Use Agreement 11. Advertising As perAdvertising Partnership Letter of Understanding between the Township of Oro - Medonte and the Oro - Medonte Chamber of Commerce 12. Key Deposit $25.00 /key Note: Fees and charges include all applicable taxes. Page 10 of 22 Page 169 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "E" TO BY -LAW NO. 2010-093 PLANNING 1. Pre - Consultation Application 1.1 Amendment to the Official Plan (a) Non Refundable Application Fee $500.00 (b) Refundable Deposit against expenses and actual costs $500.00 1.2 Amendment to the Zoning By -law (a) Non Refundable Application fee $500.00 (b) Refundable deposit against expenses and actual costs $500.00 1.3 Plan of Subdivision (a) Non Refundable Application Fee: (i) Less than or equal to 100 lots $750.00 (ii) Greater than 100 lots but less than 200 lots $1000.00 (iii)Greater than or equal to 200 lots $1250.00 (b) Refundable Deposit against expenses and actual costs $2500.00 2. Formal Development Application 2.1 Amendment to the Official Plan (a) Non Refundable Application Fee $1250.00 (b) Refundable Deposit against expenses and actual costs $1200.00 If pre- consultation application was submitted to the municipality, the fees shall be reduced to the following: (c) Non Refundable Application Fee $500.00 (d) Refundable Deposit against expenses and actual costs $700.00 2.2 Amendment to the Zoning By -law, Amendment to the Zoning By -law as a Condition of Provisional Consent in the Shoreline Designation as set out in the Official Plan, and Temporary Use By -laws (a) Non Refundable Application fee $1250.00 (b) Refundable deposit against expenses and actual costs $1200.00 If pre- consultation application was submitted to the municipality, the fees shall be reduced to the following: (c) Non Refundable Application Fee $500.00 (d) Refundable Deposit against expenses and actual costs $700.00 2.3 Amendment to the Zoning By -law as a Condition of Provisional Consent in all Designations in the Official Plan, except the Shoreline Designation (a) Non Refundable Application Fee $ 600.00 (b) Refundable Deposit against expenses and actual costs $1200.00 2.4 Amendment to the Zoning By -law for a "Bed and Breakfast Establishment' in all Designations in the Official Plan, except the Shoreline Designation (a) Non Refundable Application Fee $600.00 2.5 Plan of Subdivision (a) Non Refundable Application Fee: (i) Less than or equal\ to 100 lots $3000.00 (ii) Greater than 100 lots but less than 200 lots $3250.00 (iii) Greater than or equal to 200 lots $3500.00 (b) Refundable Deposit against expenses and actual costs $5500.00 If pre- consultation application was submitted to the municipality, the fees shall be reduced to the following: (c) Non Refundable Application Fee: (1) Less than or equal to 100 lots $2000.00 (ii) Greater than 100 lots but less than 200 lots $2000.00 (iii) Greater than or equal to 200 lots $2000.00 (d) Refundable Deposit against expenses and actual costs $3000.00 (e) Red -line revision application fee $1000.00 Page 71 of 22 Page 170 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "E" TO BY -LAW NO. 2019-093 — PLANNING continued... 2.6 Site Plan Approval (a) Non Refundable Application Fee: (i) For Site Plan Improvements with an estimated $250.00 value of under $ 50,000.00 (ii) For Site Plan Improvement with an estimated $500.00 value of over $ 50,000.00 (b) Refundable Deposit against expenses and actual costs: (i) For Site Plan Improvements with an estimated $1000.00 value of under $ 50,000.00 (ii) For Site Plan Improvements with an estimated $5000.00 value of over $ 50,000.00 2.7 Site Plan Revision (a) Non Refundable Application Fee $100.00 (b) Refundable Deposit against expenses and actual costs $200.00 2.8 Provisional Consent (a) Application Fee for a "timeshare establishment' $900.00 as defined in By -law 97 -95 (b) Refundable deposit against expenses and actual costs $1000.00 of processing application for Provisional Consent involving a "timeshare establishment' (c) Application fee for all other Provisional Consent $900.00 applications 2.9 Minor Variance (a) Non Refundable Application fee $600.00 2.10 Amendment to Provisional Consent or Minor Variance (a) Administration fee on an application which, $250.00 due to amendment has to be recirculated 2.11 Site Plan Agreement and removal of Holding Provision on lands which do not front on an assumed public street that is maintained year -round by the Municipality (a) Non Refundable Combined Application fee $500.00 2.12 Removal of Holding Symbol except lands which do not front on an assumed public street that is maintained year -round by the Municipality (a) Non Refundable Application Fee $250.00 (b) Refundable Deposit $1000.00 2.13 Lots to be Deemed (on Plans of Subdivision) (a) Application Fee $300.00 *Note: Should the applicant withdraw their application, in writing, prior to registration of the by -law, $200.00 will be refunded to the applicant. 2.14 Zoning Certificate - Complete Permit Submission $75.00 3. Expenses and Actual Costs Expenses incurred by staff (such as mileage, postage, photocopying, courier costs, and site inspection fees for site plan control) associated with a project and actual costs incurred for such items as advertising, consulting (planning, Engineering, and other) and legal will be charged directly to the applicant and deducted from the refundable deposit The applicant is required to replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township (see Section 4.2)." Page 12 of 22 Page 171 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "E" TO BY -LAW NO. 2010-093 — PLANNING continued... 3.1 Any person making application to the Ontario Municipal Board shall pay the applicable fees outlined by the Ontario Municipal Board and /or the Planning Act, as amended, All cheques for such applications are to be made payable to the Minister of Finance. 3.2 The applicant shall pay all costs associated with a planning development application including Ontario Municipal Board Hearing costs and appeal fees. 3.3 Such costs as they relate to land subject to the Township of Oro's Official Plan Amendment No. 37 and Official Plan Amendment No. 39, include the proportionate costs of the approval of Official Plan Amendment No, 37 and Official Plan Amendment No, 39, for those lands which have not contributed to the Township, in accordance with the Official Plan Amendment No, 37, Cost Recovery Agreement, dated January 1993 and the Official Plan Amendment No. 39, Cost Recovery Agreement, dated June 1994. 4. Payment of Fees 4.1 Total fee is payable upon receipt of completed application form and prior to formal presentation to the Planning Advisory Committee, Committee of Adjustment, Council, or the Site Plan Control Committee. 4.2 As expenses and actual costs are incurred on behalf of the application, they will be submitted to the applicant for reimbursement so that the initial refundable deposit will be replenished to enable the Township to pay further costs as they are incurred. In the event that the applicant does not maintain the application fee and applicable deposits with the Treasury Department then the application will be considered not complete with respect to the payment of fees under the Planning Act 4.3 Application fees are non - refundable and are applicable on a per lot basis. Page 13 of 22 Page 172 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "F" TO BY -LAW NO. 2010-093 TRANSPORTATION 1. Additional Road Signage Requested by Township Cost Property Owner (e.g. "Hidden Driveway ") (Post, Sign, Hardware & Labour) 2. Blue Boxes $6.00 3. Moving Permit (Oversize Equipment or Machinery) 4. Tile Drainage Inspections 5. Township Engineering Standards 6. Entrance Permit Fee $20.00 $100.00 $40.00 $50.00 Page 14 of 22 Page 173 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE 'G' TO BY -LAW NO. 2010 -093 SEWER 1. An annual sewer service charge, as specified below, per unit shall be imposed upon those lands more particularly described in Part 8 of this Schedule. The said charge will be comprised of the following components: 2010 (a) Operating, repair and maintenance $115.00 (b) Capital $160.00 2011 (a) Operating, repair and maintenance $115.00 (b) Capital $195.00 2012 (a) Operating, repair and maintenance $115.00 (b) Capital $230.00 2. An annual sewer service charge of $324.00 per unit shall be imposed upon those lands more particularly described in Part 9 of this Schedule. The said charge will be comprised of the following components: (a) Operating, repair and maintenance $ 126.00 (b) Capital $198.00 3. The Treasurer shall, for each calendar quarter, issue bills to each unit based on the applicable sewer service charges. Bills shall be due and payable not less than twenty one (21) days from the date of mailing. 4. Sewage bill payments shall be payable to The Corporation of the Township of Oro - Medonte and may be paid during office hours in person or by mail at the Oro - Medonte Administration Office, 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0, or at most financial institutions. Payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. 5. The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 6. If an account remains unpaid, the municipality may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c.25, as amended. 7. In the event that any owner of lands not described in sections 8 or 9 (the 'property owner") wishes to have the sewage works extended so as to service those additional lands, the following provisions shall apply: (a) For the purposes of this paragraph, the term "municipal engineer" shall mean any engineer employed by the municipality or any independent engineer appointed by the municipality from time to time as applicable; (b) The extension of the sewage works shall first be approved by the Council of the municipality upon application of the property owner, provided that Council shall have the right to determine, in its sole discretion, whether there is sufficient capacity in the sewage works to service the proposed extension; Page 15 of 22 Page 174 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "G" TO BY -LAW NO. 2010.093 —SEWER continued... (c) All engineering drawings relating to the proposed extension must be prepared by a Consulting Engineer retained by the property owner, at the property owner's sole cost. Such engineering drawings are subject to the approval of the Municipal Engineer; (d) The property owner shall execute an Agreement with the municipality pursuant to which the property owner shall agree to be responsible for all engineering, legal and related fees incurred by the municipality as the result of the request for proposed extension of the sewage works by the property owner; (e) The Agreement between the property owner and the municipality shall also require the property owner to pay the total capital cost of the proposed extension, the municipality's costs as set out in subparagraph (d) above, together with a further sewage service charge in an amount to be determined by by -law of Council, prior to the commencement of any work. 8. Legal Description Tile Field #1 & #2 Serviced Lots within Plan M -11 Tile Field #3 & #4 & #5 Serviced Lots within Plan M -10 Tile Field #6 Serviced Lots within Plan 1531 9. Legal Description Serviced Lots within Plan 1587 10. Miscellaneous Fees: (a) Connection fee inspection $200.00 Page 16 of 22 Page 175 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE'H' TO BY -LAW NO. 2010-093 FINANCE 1. Returned Cheque $20.00 2. Tax Certificates $25.00 3. Tax History Search $20.00 Page 17 of 22 Page 176 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE 9' TO BY -LAW NO. 2010-093 WASTE MANAGEMENT 1. Waste Management Charges be levied per the current by -law to adopt the estimates of all amounts required during the year and for levying the tax rates for the applicable year. 2. Waste management charges shall be added to the annual tax levy of each applicable property and be due and payable in the same manner and at the same time as the final tax bill. 3. Interest and penalty charges shall be applied in the same manner and at the same time as applicable to non - payment of installments of the final tax bill. Page 18 of 22 Page 177 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE `X TO BY -LAW NO. 2010-093 WATER 1. Definitions For the purpose of this Schedule: 1.1 "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro - Medonte. 1.2 "Municipal Water Systems" shall include all waterworks established within the present Township of Oro - Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.3 "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4 "Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro - Medonte. 1.5 "Unit' shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.6 'Vacant Lot" means any property not connected to a municipal water system to which water service is available. 1.7 "Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. Water Charges, Billing and Collection 2.1 As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for the owner. The owner will then be charged at the appropriate water rate, as per Schedule V. 2.2 At the end of each quarter, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the quarter. 2.3 The Treasurer shall calculate water charges to be assessed against each unit and vacant lot in a Municipal Water Area, in accordance with the quarterly charges and rates per cubic meter as set out in Schedule V. 2.4 The Treasurer shall, for each calendar quarter, issue bills to each unit or vacant lot based on the applicable water charge or rate. Water bills shall be due and payable not less than twenty -one (21) days from the date of mailing. 2.5 Water payments shall be payable to The Corporation of the Township of Oro - Medonte and may be paid during office hours in person or by mail at the Oro - Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Page 19 of 22 Page 178 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "J" TO BY -LAW NO. 2010-093 — WATER continued... 2.6 The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 2.7 If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c. 25, as amended. 3. Water Rates and Charges 3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m). 3.2 Infrastructure Renewal Charge Each unit and vacant lot shall be assessed on infrastructure renewal charge of $50 per quarter ($200 annually). 3.3 Flat Rate — Non - Metered Units Owners on municipal water systems who do not allow access to their homes for the purpose of the installation or repair of water meters will, after three notices, be charged $300 per quarter ($1,200 annually). 3.4 Flat Rate (a) Horseshoe - Oro Plan 1587 $150 per quarter ($600 annually) (b) Horseshoe - Medonte Plan 1531, M -10. M -11. M -23 $150 per quarter ($600 annually) (c) Pine Ridge Ski Club $900 per quarter ($3,600 annually) 3.5 Other Charges (a) Connection Fee Inspection - $200 (b) Disconnection and Reconnection Charge - $50 each 3.6 Where no quarterly water meter reading can be obtained, the unit shall be automatically charged a consumption charge of $100.00, per quarter, until the meter reading is obtained or the requirements under Section 3.3 have been completed by the municipality. 4. Water Meter Package 4.1 Includes meter, back flow preventer, angle meter valve, expansion tank, wire and MXU - $394.50 plus applicable taxes Page 20 of 22 Page 179 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... SCHEDULE "K" TO BY -LAW NO. 2010 -093 MUNICIPAL LAW ENFORCEMENT 1. Calculation of Permit Fees 1.1 Permit fees shall be calculated based on the formula given below, unless otherwise specified in the schedule. 2. Fees Flat Rate 2.1. Permit Fees Swimming Pool Fence $ 75.00 Signs (not regulated under the Ontario Building Code) $ 75.00 2.3. Review /Inspection Campgrounds $ 75.00 Residential Care Facilities $ 75.00 2.4. Miscellaneous: Flat Rate Transfer Permit (to new owner) $ 75.00 Re- inspection Fee $ 75.00 Permit Revision (in addition to applicable permit fees) $ 75.00 File Search $ 50.00 Annual file maintenance fee $ 50.00 Applicable on permits not granted a final approval after one (1) year subsequent to permit issuance. 3. Refund of Permit Fees 3.1 Pursuant to this by -law, the portion of the total calculated permit fees that may be refunded shall be a percentage of the total fees payable under this by -law, calculated as follows in regard to functions undertaken by the municipality: a) 80% if administrative function only have been performed; b) 45% if administrative and plans examination functions have been performed; c) 35% if the permit has been issued and no field inspections have been performed subsequent to permit issuance; or d) 0% if any field inspections have been performed subsequent to permit issuance. 4. Notes 4.1 Fees for classes of permits not described or included in this schedule shall be determined by the Chief Municipal Law Enforcement Officer. 4.2 Total fee is payable upon receipt of completed application. 4.3 Where a person is found to have commenced installation of a structure defined under municipal by -laws without the appropriate permit, a fee of twice the normal permit fee will be applied, to offset additional administrative costs. 4.4 If an overpayment of a permit fee occurs on a permit application and the overpayment is less than $50.00 the difference will not be refunded. 4.5 Permit fees shall be returned to the person named on the fee receipt, unless such person advises the Chief Municipal Law Enforcement Officer, in writing and prior to release of the refund, of a change in name, in which case the refund shall be returned to the person then authorized to receive it. Page 21 of 22 Page 180 of 365 15a) - A By -law of The Corporation of the Township of Oro - Medonte t... Appendix " 1" to By -law No. 2010 -093 Fees and Charges imposed under Separate By- law /Act/Ontario Regulation (a) Development Charges: Development Charges Act, 1997, S.O. 1997, c.27 (b) Freedom of Information: Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended. Page 22 of 22 Page 181 of 365 15b) - A By -law to deem certain plans of subdivision or parts there... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -101 A By -law to deem certain plans of subdivision or parts thereof not to be registered plans of subdivision within the meaning of the Planning Act R.S.O. 1990 c. P. 13, as amended. WHEREAS it is considered desirable in order to control adequately the development of certain areas within the Township of Oro - Medonte, that certain existing Plans of Subdivision be deemed not to be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act RS.O. 1990 c. P.13, as amended. AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte has the authority pursuant to Section 50(4) of the Planning Act, R.S.O. 1990 c.P.13, as amended, may by by -law designate any Plan of Subdivision or part thereof, to not be registered Plans of Subdivision for the purposes of Section 50(3) of the said Planning Act R.S.O. 1990 c. P.13, as amended. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto pursuant to Section 50(4) of the Planning Act RS.O. 1990 c.P. 13, as amended, are hereby deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act RS.O. 1990 c.P. 13, as amended. 2. That Schedule "A" attached hereto forms part of this by -law. 3. This By -law shall come into force and effect subject to the provisions of Section 50(26), (28), and (29) of the Planning Act, R.S.O. 1990, c.P.13 as amended. 4. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23RD DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 182 of 365 15b) - A By -law to deem certain plans of subdivision or parts there... Schedule "A" to By -law No. 2010 -101 for The Corporation of the Township of Oro - Medonte The following Registered Plan is situated in the Township of Oro - Medonte in the County of Simcoe: Page 183 of 365 Registered Plan 952, Lots 11 and 12 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -103 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and K.J. Beamish Construction Co. Limited, for Hot Mix Paving for the North Yard (Tender TES2010 -01) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C100324 -8, the successful bidder of Tender TES2010 -01 to be K.J. Beamish Construction Co. Limited; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -01, for the supply of hot mix paving for the North Yard; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -01 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 184 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2:010 -103 'J Qom✓/ =�A` n TENDER FOR THE TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2010 - 01 TENDER FOR HOT MIX PAVING Page 185 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9 :00 A.M. ON FRIDAY, MARCH 19, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10 :00 a.m This tender is general in nature, except that separate Forms 1 and 2 will be used The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each Form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 - 01 " and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 The Contractor may bid on the tender for the North Yard or the South Yard, or bid on both locations. The Contractor must grade and compact prior to paving on each section. To supply and place hot mix asphalt at various locations throughout the municipality. The Contractor must supply and place shoulder gravel on each road section after paving. 2 Page 186 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 — 01 NOTICE TO BIDDERS 1. Workplace Safety and Insurance The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic Protection Plan, in accordance with Book #7. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2010 - 01. The Township of.Oro- Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. If the tendered amount is In excess of the budgeted amount and varies by more than 2096 the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. PLEASE REVIEW THE ASPHALT CEMENT PRICE INDEX CLAUSE AT THE BACK OF THE TENDER. 6. Accessibility for Ontarians with Disabilities i. The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. Page 187 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Tender Deposit A certified cheque made payable to the Township of Oro - Medonte for 10% of the total bid must accompany this tender. The certified cheque of the successful bidder will be retained until the Municipality's acceptance of the work. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque will not be considered. Basis for Resection of Tender Tenders may be rejected for any one of the following reasons. a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid); e) Qualified or conditional bids; f) Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER *. Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. fl. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. Page 188 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety (cont'd.l V1. The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub- Contractors, may invalidate the Contract. vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability Insurance; The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the pan` of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penaltv Clause: If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. 5 Page 189 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... y TENDER FOR CONTRACT NO. TES2010 — 01 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements ", made payable to the Township of Oro- Medonte. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. 1/We (the Contractor) promise to commence work on: dkl. 31, z.o i4D. (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete 80% of the work by June 2e 2010 and the remaining 20% of the Contract by October 1s; 2010. K. J. Beamish Construction Co. LTD. P.O. Box 2177 gy; ORiLLIA, Ontario L3V 6S1 Name of Firm or Individual (Hereinafter referred Tel.. 705- 325 -7447 Fax 705- 325 -70& as the "Contractor ") Address esS 4. BEAMIS! T/ON CO. L/liaW of Person Signing for Firm (Signature) PER ............ : ....... ........ WCE Mee of Person Signing for Firm Telephone No. 6 Page 190 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... GENERAL CONDITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 310, unless stated otherwise, and is pertinent to this Contract. Traffic control, as outlined in Book #7, shall be strictly adhered to by the Contractor at all times. Flagmen, who must be supplied by the Contractor, shall wear protective, fluorescent clothing, hard hats and green patch safety boots. All conditions as outlined in the Ministry of Transportation Forms 100, 314 and 310, must also be adhered to by the Contractor. The Contractor shall have the current above -noted Ministry of Transportation specification numbers in his possession, or a thorough knowledge of what is contained within them. Regulations The Contractor shall abide by all Acts, By-laws and Regulations relative to the performance of the work. Completion Time shall be of the essence of this agreement. Payments Monthly payments for work done may be paid up to 85% of the estimated value of the work performed. Within thirty-seven (37) days of the date of acceptance of the completed Contract, the remaining 15% will be released to the Contractor. Asphalt Asphalt must be approved M.T.O. mix design having the approval of the Director of Transportation and Environmental Services or his Representative. Aggregate must be from an approved commercial source. Equipment The Contractor shall provide all equipment in excellent condition necessary to complete the required works. Bituminous pavers equipped with automatic screened controls of approved types must be supplied by the Contractor. Except where noted below, single pavers, or the lead paver when pavers are operated in echelon, shall be controlled by a 12 m ski or 12 m floating beam. Where such a ski is a flexible unit, it shall be equipped with a spring tensioned wire extending between brackets fitted on and slightly above each end of the ski. The sensing grid shall ride in the wire, not on the ski. Page 191 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... Eauioment fcont'd. When two or more pavers are in echelon, pavers following the lead paver shall use joint - matching shoes designed for the purpose, which shall ride on the previously placed uncompacted mat The automatic transverse slope shall be set for the cross fall desired by the Director of Transportation and Environmental Services and shall be capable of being operated from either side of the paver. A self - propelled pneumatic tired roller with a self - contained tire inflation system may be used for intermediate and final rolling. However, should the finished rolled surface not prove satisfactory to the Director of Transportation and Environmental Services or his Representative, then a steel wheel roller will be required by the Contractor. Page 192 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 — 01 TENDER FOR HOT MIX PAVING Page 193 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 194 of 365 �. 3"10 Nerlh � Supply and apply tip-, 'Tonnes 9,693 $ r Yard+Area Hot Mlx HL4 � surface course Fine Grading Coin action p pS Shoulder Gravel . '' Tonnes 7,Sy6 $ P.S.T.' v 76 .`"� Tc�i7 S ` -U ft hereby agree that the work specified and the mid6dal required in the Contract will be performed instrict: rdance with the specifications in this tender. Signed at the r r K of KQ ,,x ; 1 in the County of 5ir��� �.: this slay of 2010. .l $ Al14fSH [dC dY C_ L(�117E� ! TM 4 ► j gna�ture ofContractor or , ; Signature of the Corporation L INit e i n saes and Posrton Meld Sea! of,Corporatwn f2�C � -�� Narne antl ]'el�ephone No bf.Persan 'o e Confactedzfor Qrdeifrg Supply �M + r ! ; 1 Q Page 194 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of 2010. BETWEEN K.J. BEAMISH CONSTRUCTION Co. UynW of the 0-1" OP oe-► LLiA in the District or County of and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART W/TNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 11 Page 195 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 1Sr day of October. 2010 The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. K.J. BEAMS 7.TZRN CO. LIMITED PER . ......... ..:...v/CE- -PRES. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 12 Signature of Corporation Seal of Corporation Page 196 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX The Township of Oro - Medonte will adjust the payment to the Tenderer based on changes to the Ministry of Transportation performance graded asphalt cement price index. The price index will be published monthly in the Contract Bulletin. The price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted in the Work. The price index will be based on the price, excluding taxes, FOB the depots in the Simcoe County area, of asphalt cement grade PG 58 -28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs, when the price index for the month differs by more than 5% from the price index for the month of April, 2010. When the price index differential is less than 5 %, there will be no payment adjustment established for that month. Payment adjustments, due to changes in the price index, are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted in the Work during the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that has been granted. The payment adjustment for the month will be calculated from the following formulae: 1. When Ip is greater than 1.05 ITO, the payment adjustment per tonne of asphalt cement is (lp —1.05 ITO) and the Contractor receives additional compensation of: PA = (Ip — 1.05 ITO) X quantity of new asphalt cement in tonnes. 2. When Ip is less than .95 ITO, the payment adjustment per tonne of asphalt cement is (.95 ITO — 1p) and the Owner receives a rebate of: PA = (.95 ITO — Ip) x quantity of new asphalt cement in tonnes. Page 197 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 198 of 365 LINE 1 N Z� SCARLETT LINE m LINE 2 N LINE 2 N o E 3 N C X LINE 3 N to D m VLINE5N Z LINE 4 N O D c ° 0 X o m LINE 5 N y ° Aj ° `U LIN N z LINE 7 N LINE 7 N y �� L lh 0 a 9 z Z LINE 8 N v S z Cn LINE 9 LINE 9 N m M LINE 9 N _.;4. 00 LINE 10 91, co = -� M m LINE 11 N LINE 11 N Z Z m O D D LINE 12 N AND SON LINE - i M D LINE 13 N S LINE c M 0 C 0 B �dMN TOWNLINE _ ft d O ci '+ fl. � O � CL o C 0 Page 198 of 365 15c) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 199 of 365 ,t PENETANGUISHENE ROAD c p LINE 1 A LIN 1 N u v O r o LINE 2S A ° L 2N D O A LINE 3 S LINE 3 N M m LU N o hLINE LINE 4 S = - LINE v LINE 5 S M LINE 5 N O y LINE 6 S JUNE 6 N LINE 6 N E7S INE7N O z y LINE 8S O LINE 8 N Cn y 0 LINE 9 O LIN 10 S W O r to O v Q5 IN 1 S LIN _....:..,,., D m rill m ° m � � rn D _ LINE 12 D LINE 12 N M LINE 3 S A 11 D LINE 13 N z C m rr LINE 14 S LINE 14 N B ItE fi� J INE LINE 15 S 15 N 5 O WOODLAND DRIVE fi Page 199 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -104 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Coco Paving Inc., for Hot Mix Paving for the South Yard (Tender TES2010 -01) WHEREAS the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C100324 -8, the successful bidder of Tender TES2010 -01 to be Coco Paving Inc.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -01, for the supply of hot mix paving for the South Yard; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -01 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Page 200 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2010 -104 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2010 - 01 TENDER FOR HOT MIX PA V/NG Page 201 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9 :00 A.M. ON FRIDAY, MARCH 19, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10:00 a.m This tender is general in nature, except that separate Forms 1 and 2 will be used The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each Form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 - 01" and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact. Jerry Ball, C.R.S.S Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 The Contractor may bid on the tender for the North Yard or the South Yard, or bid on both locations. The Contractor must grade and compact prior to paving on each section. To supply and place hot mix asphalt at various locations throughout the municipality. The Contractor must supply and place shoulder gravel on each road section after paving. 2 Page 202 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 — 01 NOTICE TO BIDDERS 1. Workplace Safety and Insurance The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic Protection Plan, in accordance with Book #7. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2010 — 01. The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. If the tendered amount is in excess of the budgeted amount and varies by more than 20 %, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. PLEASE REVIEW THE ASPHALT CEMENT PRICE INDEX CLAUSE AT THE BACK OF THE TENDER. 6. Accessibility for Ontarians with Disabilities i. The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro- Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. 3 Page 203 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Tender Deposit A certified cheque made payable to the Township of Oro - Medonte for 10% of the total bid must accompany this tender. The certified cheque of the successful bidder will be retained until the Municipality's acceptance of the work. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque will not be considered. Basis for Reiection of Tender Tenders may be rejected for any one of the following reasons. a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid); e) Qualified or conditional bids, f) Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER *. Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner: Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. ii. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. Page 204 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety (contd.) V1. The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub- Contractors, may invalidate the Contract. Vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability Insurance: The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shaft protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penaltv Clause: If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. 5 Page 205 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDER FOR CONTRACT NO. TES2010 — 01 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the 'Tendering Requirements ", made payable to the Township of Oro- Medonte. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. YWe (the Contractor) promise to commence work on: as ca. (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete 80% of the work by June 25 2010 and the remaining 20% of the Contract by October 1 2010. BY. C-0 l�q v c ` rtc . Name of Firm or Individual (Hereinafter referred 7 v i d kn L S to as the "Contractor ") Address Name of Person Signing for Firm (Signature) Ge r a s Office of Person Signing for Firm d 7 S I t - Z ( f Telephone No. Z Page 206 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... GENERAL CONDITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 310, unless stated otherwise, and is pertinent to this Contract. Traffic control, as outlined in Book #7, shall be strictly adhered to by the Contractor at all times. Flagmen, who must be supplied by the Contractor, shall wear protective, fluorescent clothing, hard hats and green patch safety boots. All conditions as outlined in the Ministry of Transportation Forms 100, 314 and 310, must also be adhered to by the Contractor. The Contractor shan have the current above -noted Ministry of Transportation specification numbers in his possession, or a thorough knowledge of what is contained within them. Regulations The Contractor shall abide by all Acts, By -laws and Regulations relative to the performance of the work. Completion Time shall be of the essence of this agreement. Payments Monthly payments for work done may be paid up to 85% of the estimated value of the work performed. Within thirty -seven (37) days of the date of acceptance of the completed Contract, the remaining 15% will be released to the Contractor. Asphalt Asphalt must be approved M.T.O. mix design having the approval of the Director of Transportation and Environmental Services or his Representative. Aggregate must be from an approved commercial source. Equipment The Contractor shall provide all equipment in excellent condition necessary to complete the required works. Bituminous pavers equipped with automatic screened controls of approved types must be supplied by the Contractor. Except where noted below, single pavers, or the lead paver when pavers are operated in echelon, shall be controlled by a 12 m ski or 12 m floating beam. Where such a ski is a flexible unit, it shall be equipped with a spring tensioned wire extending between brackets fitted on and slightly above each end of the ski. The sensing grid shall ride in the wire, not on the ski. 7 Page 207 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... Equipment (contd. When two or more pavers are in echelon, pavers following the lead paver shall use joint - matching shoes designed for the purpose, which shall ride on the previously placed uncompacted mat. The automatic transverse slope shall be set for the cross fail desired by the Director of Transportation and Environmental Services and shag be capable of being operated from either side of the paver. A self - propelled pneumatic tired roller with a self - contained tire inflation system may be used for intermediate and final rolling. However, should the finished rolled surface not prove satisfactory to the Director of Transportation and Environmental Services or his Representative, then a steel wheel roller will be required by the Contractor. Page 208 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 209 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 210 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this —I day of 2010. BETWEEN of the in the District or County of and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 11 Page 211 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 1 St day of October, 2010 The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 32 na ure of orporation Seal of Corporation Page 212 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be.:. PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX The Township of Oro - Medonte will adjust the payment to the Tenderer based on changes to the Ministry of Transportation performance graded asphalt cement price index. The price index will be published monthly in the Contract Bulletin. The price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted in the Work. The price index will be based on the price, excluding taxes, FOB the depots in the Simcoe County area, of asphalt cement grade PG 58 -28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs, when the price index for the month differs by more than 5% from the price index for the month of April, 2010. When the price index differential is less than 5 %, there will be no payment adjustment established for that month. Payment adjustments, due to changes in the price index, are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted in the Work during the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that has been granted. The payment adjustment for the month will be calculated from the following formulae: 1. When Ip is greater than 1.05 ITO, the payment adjustment per tonne of asphalt cement is (Ip — 1.05 ITO) and the Contractor receives additional compensation of: PA = (Ip —1.05 ITO) X quantity of new asphalt cement in tonnes. 2. When 1p is less than .95 ITO, the payment adjustment per tonne of asphalt cement is (.95 ITO — Ip) and the Owner receives a rebate of: PA = (.95 ITO — Ip) x quantity of new asphalt cement in tonnes. Page 213 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... LINE 1 N 9 SCARLETT LINE l Ln 0 m LINE 2 N LINE 2 N o c M LINE 3 N �� LINE 3 N cn D Co D m { Z r LI 4 N O D � Z v CO o LINE 5 N LINE 5 N D m � LIN N z O X LINE 7 N > LINE 7 N X cy o v ��/ Z LINE 8 N s Z LINE 9 LINE 9 N m M LINE 9 N ---- n < ° m a q 00 LINE 10 �c CO) O a m m LINE 11 N LINE 11 N 2 ;,. m m a D D LINE 12 N AND SON LINE ?� r 0 M 0 - U) D LINE 13 N S LINE M g �d�NcJ�N TOWNLINE h -C -, � O CL' CL o O Page 214 of 365 15d) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 215 of 365 PENETANGUISHENE ROAD Si cn Cl -p i m Cl LINE 1 X LINE 1 N v 0 6 LINE 2 S ;U ° LINE 2 N D v M LINE 3 S LINE 3 N X LINE 3 N D o ,a D LINE 4 S = - LINE N z n a v LINE 5 S M A LINE 5 N ._- _........,..:..W.._.... —. . 2 LINE 6 S LINE 6 N LINE 6 N G E7S INE7N 3 Cn p LINE 8 S O LINE 8 N 0 'a x m N C O O 'h �O LINE 9 a .,,.. LWE.9 N. � O G LIN 10 S W Q CD O Co Q O CA v IN 1 S LIN_ 1 _. ., , „. .. Ca f m v INE 12 O1 D LINE 12 N D v M m rr LINE S � D LINE 13 N z C M rr LINE 14 S LINE 14 N B I INE LINE 15 S 15 N � �� r O 9G 1.� WOODLAND DRIVE 4� hi Page 215 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -105 Being a By -Law to Authorize the Execution of an Agreement Between The Township of Oro - Medonte and Duncor Enterprises Inc., for Slurry Seal (Tender TES2010 -02) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C100324 -9, the successful bidder of Tender TES2010 -02 to be Duncor Enterprises Inc.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -02, for slurry seal, with Duncor Enterprises Inc.; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -02 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 216 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2010 -105 TENDER FOR THE IV TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2010 - 02 TENDER FOR SLURRY SEAL Page 217 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9 :00 A.M. ON FRIDAY, MARCH 19, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10 :00 a.m This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 - 02" and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 Page 218 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 — 02 NOTICE TO BIDDERS 1. Workplace Safety and Insurance The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic Protection Plan, in accordance with Book #7. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2010 — 02. The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. If the tendered amount is in excess of the budgeted amount and varies by more than 20 9. 4 0, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 6. Accessibility for Ontarians with Disabilities I. The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. Page 219 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Tender Deposit A certified cheque made payable to the Township of Oro - Medonte for 10% of the total bid or optional to the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit" for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The cheque or Letter of Credit of unsuccessful bidders will be returned within fourteen (14) days of tender opening. The cheque or Letter of Credit of the successful bidder will be retained until the Municipality's acceptance of the work. Tenders not accompanied by a certified cheque or Letter of Credit will not be considered. Basis for Resection of Tender Tenders may be rejected for any one of the following reasons: a) Bids received after closing date, b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid), e) Qualified or conditional bids, t) Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER* Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner. I. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. ii. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. 4 Page 220 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety (cont'd.l A The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub- Contractors, may invalidate the Contract. vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability Insurance; The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penalty Clause: If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. Page 221 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDER FOR CONTRACT NO. TES2010 — 02 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements'; made payable to the Township of Oro - Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tendered amount issued from a chartered bank on a form acceptable to the Municipality- The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. I/We (the Contractor) promise to commence work on: As directed by Township (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: August 27.2010 (To be completed by Municipality) By D u n c o r Ente rp r ise s Inc. Name of Firm or Individual (Hereinafter referred 101 Big Bay Point Road to as the "Contractor ") Barrie, Ontario L4N 8M5 Address Brian Duncan Name of Person Signing for Firm (Signature) Vice President Office of Person Signing for Firm 705- 730 -1999 Telephone No. Page 222 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT I T8S2010 = 02 lY1A TENDER FOR SLURRY SEAL id to suNO ahe follow►ng �pr�ces for work ! j Oro -Nlecl w Township clur�ng the Page 223 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... PREPARATION OF SURFACE (SWEEPING AND V CLEANING): Normal street cleaning will be carried out by the Contractor prior to surface treatment. However, due to problems created by parked vehicles and scheduling, it is contemplated that additional cleaning of all surfaces with a vacuum type sweeper may be required immediately prior to the sealing operations. The additional cleaning required to ensure proper application of the slurry mixture will be the Contractor's responsibility, at no additional cost to the Township. APPLICATION OF SLURRY SEAL SURFACE The slurry mixture shall be of the desired consistency when applied on the surface and no additional elements shall be added, but total time of mixing shall not exceed four minutes. A sufficient amount of slurry seal shall be carried in all parts of the spreader at all times so that complete coverage is obtained during application of the mixture, which shall not proceed at speeds exceeding 60 metres per minute. The rate of application shall be 6.5 to 7.8 kilograms per square metre. Special care should be exercised by the Contractor to ensure that leakage of emulsion does not occur at longitudinal joints through worn spreader box squeegees, or that an excessive amount of emulsion does not build up at transverse joint locations during remount periods of the slurry machine. Any such occurrences should be rectified by removing from the roadway surface, those excess amounts by squeegee or other suitable means. Slurry seal shall not be applied when either the ambient or pavement temperature is 30 degrees Celsius and falling, but may be applied when both the ambient and pavement temperature is 70 degrees Fahrenheit and rising. The Slurry seal shall be applied only when weather conditions are conducive to obtaining a satisfactory surface and shall not be applied during periods of abnormally high relative humidity. Page 224 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... SPECIFICATIONS FOR EMULSIFIED ASPHALT SLURRY SEAL SURFACE DESCRIPTION The work covered by this specification consists of furnishing al/ plant, labour, equipment and materials and performing all operations, including traffic control, necessary in connection with the application of a slurry seal surface, complete, in strict accordance with this specification. The slurry seal shall consist of a mixture of emulsified asphalt, mineral aggregate, Portland Cement mineral filler, and water, properly proportioned, mixed and spread on the surface as specified herein and as directed by the Director of Transportation and Environmental Services. MATERIALS AND APPROVAL The Contractor shall advise the Director of Transportation and Environmental Services of the source of materials, the mix proportions and the aggregate gradings, which he proposes to use, and shall obtain the Director of Transportation and Environmental Services' approval of materials, as well as mix proportions, prior to commencing the work. Samples shall be taken periodically during the progress of the work to ensure conformance with the specifications approved. All materials incorporated in the work shall meet the following requirements: (a) Asphalt Emulsion The asphalt emulsion shall be rapid setting type specially designed for slurry seal work, and as approved by the Director of Transportation and Environmental Services. (b) Aaareaate The aggregate will consist of clean, sound, durable limestone screenings, which shall be free of clay, loam and other deleterious materials. Portland Cement mineral filler shall be considered part of the blended aggregate. The final aggregate gradation, including mineral fillers, if required, shall fall within the following limits: Sieve Size % Passing 9.5 mm 100 4.75 mm 85-100 2.36 mm 65-90 1.18 mm 45 -70 600,u m 30-50 30011 m 18-30 150,u m 10-21 75,um 5 -15 (c) Water All water used with the slurry seal mixture shall be potable and free from harmful soluble salt. 9 Page 225 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... COMPOSITION OF SLURRY SEAL: The amount of asphalt emulsion to be blended with the aggregate shall be adjusted to secure a residual asphalt content of 7.5 to 13.5% by weight of dry aggregate in the finished seal coat. Only the least amount of water necessary to obtain a fluid and homogeneous mixture without segregation shall be added. At all times, segregated mixes will be rejected. The Contractor shall, at his own expense, make trial batches to determine the ultimate blend of mineral aggregate and residual asphalt. The Director of Transportation and Environmental Services shall give final approval to the design used EQUIPMENT All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working condition subject to the approval of the Director of Transportation and Environmental Services. (a) Mixer The slurry seal mixing machine shall be a continuous flow mixing unit equipped for delivering accurately metered proportions of water, aggregate, fines and asphalt emulsion to a revolving spiralled multiblade mixer tank and to discharge the thoroughly mixed product on a continuous basis. A minimum of two (2) slurry seal units shall be used APPL ICATION OF SLURRY SEAL SURFACE; Approved hand squeegees shall be used to spread slurry in areas non - accessible to the slurry mixer. The Contractor will provide and maintain suitable protection on manhole covers, catch basins and open grates during spreading operations. A light film of coal on is to be applied to all covers and castings prior to spreading and same are to be brushed clean of slurry following application. The successful bidder will, at aft times, work in close liaison with the Township of Oro- Medonte Director of Transportation and Environmental Services, or his Representative, and all works shall be done solely at the discretion of the Director of Transportation and Environmental Services. WORKING TIME LIMITS: The Contractor will be allowed to carry out operations only during daylight hours between 7:00 a.m, and 5:00 p.m., Monday through the following Friday, except Statutory or Civic Holidays, unless otherwise approved or directed by the Director of Transportation and Environmental Services. The work is to be completed during the time period of June 1, 2010 to August 27, 2010. 10 Page 226 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... TRAFFIC CONTROL The Contractor will be responsible for all traffic control and will supply all traffic control devices as specified in, and will comply with Ministry of Transportation and Township By -laws. No compensation other than that provided under the Contract unit price will be made for protection of the work or for the control of traffic. Any damage to the new surface during the curing period done by traffic or the Contractor's equipment will be repaired at the Contractor's expense. MEASUREMENT AND PAYMENT The slurry seal surface shall be measured and paid for by the square metre of work completed and accepted as designated by the Director of Transportation and Environmental Services. Payment shall include all costs arising in performing the work, including plant, labour, equipment, materials, and all other costs, except costs resulting from operations detailed under Traffic Control. QUANTITIES The Contractor will supply sufficient equipment, labour and materials to complete a minimum of 12,000 square metres per working day. SUB - CONTRACTORS The Contractor shall not use sub - Contractors, unless otherwise approved and is at the sole discretion of the Director of Transportation and Environmental Services. PREVIOUS EXPERIENCE The Tenderer shall submit a resume of previous experience. List below other slurry seal contracts undertaken by Tenderer: a � � .� °Ai 4 _ +f 3^ . <" ,«, .• Y ...a .< Cis � .,x. .. G. - .�.s.. ., ..., e .'�•. -.,a _ � T+ f A { �j •y S. 2009 Slurry Seal Township of Oro -Medon e 167300 sq.m. 2009 Slurry Seal Town of Innisfil 181775 sq.m. 2009 Slurry Seal Township of Essa 136200 sq.m. 2009 Slurry Seal Township of Clearview 50000 sq.m. 2009 Slurry Seal Township of Severn 95000 sq.m. 11 Page 227 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... QUICK BREAK SLURRY SEAL All roadways will require the use of quick breaking slurry; the emulsifier shall be "INDUL /N MQK" or the equivalent The Contractor will quote the material used and supplier of the Quick Set Emulsifier, for approval by the Director of Transportation and Environmental Services. 12 Page 228 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... SCHEDULE "A" LIST OF BIDDER'S EQUIPMENT Please list the equipment to be used for Contract No. TES2010 - 02 and specify whether the equipment to be used is owned by your firm or rented, 1 1 1 3 3 1 2010 2009 1998 2009 2007 2005 Bergkamp Bergkamp Bergkamp Bergkamp Bergkamp Bergkamp M1 Continuous Machine M1 Continuous Machine M1 Continuous Machine Support Units Support Units M210 2 2004 Bergkamp M210 1 1 Note- A 1997 1985 1 equipmen Bergkamp Bergkamp owned by Duncor Enter M206 M208 rises Inc.*** 13 Page 229 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 19 day of March 2010. BETWEEN: D uncor Enterprises Inc. of the City of Barrie in the District or County of S i m c o e and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish aft necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 14 Page 230 of 365 15e) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 27 day of August. 2010 The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 15 Signature of Corporation Seal of Corporation Page 231 of 365 150 - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -106 Being a By -Law to Authorize the Execution of an Agreement Between The Township of Oro - Medonte and Da -Lee Dust Control, for "Dark Journal' Virgin Oil (Tender TES2010 -03) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C100324 -10, the successful bidder of Tender TES2010 -03 to be Da -Lee Dust Control. AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -03, for "Dark Journal' Virgin Oil, with Da -Lee Dust Control; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -03 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 232 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By- lair- -No. 2010 -106 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE � Town f Proud Heritage, Exciting Future CONTRACT NO. TiES2010 -- 03 TENDER FOR "DARK JOURNAL" VIRGIN OIL Page 233 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY, MARCH 19, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10:00 a.m. This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 — 03" and addressed to Doug Irwin, Clerk, Township of Oro Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the Office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact. Jerry Ball, C.R.S.S Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 2 Page 234 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO_ TES2010 — 03 NOTICE TO BIDDERS 1. Workplace Safety and Insurance The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been compiled with and shall ensure that the Certificate is valid for the duration of this Contract The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic Protection Plan, in accordance with Book #7. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2010 — 03. The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. If the tendered amount is in excess of the budgeted amount and varies by more than 20%, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 6. Accessibility for Ontarians with Disabilities The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of Its goods or services to persons with disabilities The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services., 3 Page 235 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Tender Denosit A certified cheque made payable to the Township of Oro - Medonte for 10% of the total bid or optional to the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit" for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The cheque or Letter of Credit of unsuccessful bidders will be returned within fourteen (14) days of tender opening. The cheque or Letter of Credit of the successful bidder will be retained until the Municipality's acceptance of the work, Tenders not accompanied by a certified cheque or Letter of Credit will not be considered. Basis for Reiection of Tender Tenders may be rejected for any of the following reasons: a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid); e) Qualified or conditional bids, t) Bids not properly signed and sealed. "EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER' Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner: i. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. fl. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. 4 a�usua.oi aiuooaiN_o�n-imanc.�i ni _>i _cn Page 236 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety (cont'd.) A The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub - Contractors, may invalidate the Contract V11. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability Insurance The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage In respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or Injury, Including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. The Contractor shall be responsible for any environmental damages caused while applying the product or for two (2) days after applying the product. Penalty Clause If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account 5 Page 237 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDER FOR CONTRACT NO. TES2010 — 03 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the 'Tendering Requirements ; made payable to the Township of Oro - Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor falls to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. We (the Contractor) promise to commence work on: A5 (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. June 18, 2010 (To be completed by Municipality) .sl3l'a Ois 7Aei'� l...tRJ�I'tGfl BY. o% Lis T�y sT Cc�a �2c1_ Name of Firm or Individual (Hereinafter referred to as the "Contractor ") 35 spa c ✓, ail '�E 54 a` Address ame of Person Signing for Firm (Signature) Office of Person Signing for Firm Telephone No. b LL iL # d1gS -01 a4—Pp A o :W6OS: Z L'O L -ZL -EO Page 238 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... GENERAL CONDITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 100, unless stated otherwise and is pertinent to this Contract Regulations The Contractor shall abide by all Acts, By -laws and Regulations relative to the performance of the work. Completion Time shall be of the essence of this agreement. Payments Monthly payments for work done may be paid up to 85% of the estimated value of the work performed. Within thirty -seven (37) days of the date of acceptance of the completed Contract, the remaining 15 will be released to the Contractor. Engineer or Director of Transportation and Environmental Services Means the Council of the Municipality, or such other person, partnership or corporation as may be authorized by the Council to act on their behalf, in any particular capacity. Weighting Weighing shall be carried out in accordance with OPSS Form 102, current at the time of this Contract. Copies of OPSS Form 102 are available upon request from the MTO District Office. Damage by Vehicles and Other Equipment If at any time, In the opinion of the Director of Transportation and Environmental Services, damage is being done, or is likely to be done, to any highway or any improvement thereon, other than such portions as are part of the work, by the Contractor's vehicles or other equipment, whether licensed or unlicensed, the Contractor shall, on the direction of the Director of Transportation and Environmental Services and at the Contractor's own expense, make changes in or other equipment, or shag alter loading or shall in some other manner, remove the cause of such damage to the satisfaction of the Director of Transportation and Environmental Services, Loading of Motor Vehicles Where a vehicle is hauling material for use on the work under the Contract, in whole or In part, upon a public highway and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit, as specified in the Highway Traffic Act, whether such vehicle is registered in the name of the Contractor or otherwise. 7 d�usumoi aiuc,oaw- oanfw.ano : >i :ni -�i -rn Page 239 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... i i ITEf�I 'SPEC. % DESCRIPTION UNIT ESTIMATED .. UN /,T TOTA L OlTEM. : QUANtITIES ; . PfiICE'.. 1 Dark Journal L.ltres 138,5281 �o f f0� S�a,:0 '; . Vtr in OIh r. Afor A *geA ,�lynar Seal Di Page 240 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... Ive. 9 orta #ion and Envlronmen #al Page 241 of 365 15f) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 18 day of June, 2070 The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever, IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro- Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of Corporation Seal of Corporation Signature of the Clerk Signature of the Mayor with Seal 10 Page 242 of 365 15g) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -107 Being a By -Law to Authorize the Execution of an Agreement Between The Township of Oro - Medonte and Dalton R. Lowe and Sons Construction Ltd. for the Supply, Haul, Mix and Pile of Winter Sand (Tender TES2010 -04) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C100324 -11, the successful bidder of Tender TES2010 -04 to be Dalton R. Lowe and Sons Construction Ltd.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -04, for the supply, haul, mix and pile of winter sand, with Dalton R. Lowe and Sons Construction Ltd.; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -04 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 243 of 365 15g) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" toSy -law No. 2010 -107 TENDER FOR CONTRACT NO. TES2010 — 04 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements ", made payable to the Township of Oro - Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality- The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. THE TOWNSHIP OF ORO- MEDONTE SHALL DEDUCT 106' OFF OF THE TOTAL TENDER CHEQUE FOR EACH DAY THE CONTRACTOR IS OVER THE COMPLETION DATE. I/We (the Contractor) promise to commence work on; whe^(T-1u.esieo-hy - Aw- D,rtcivrd TrarS�xtafivn LnJi rtv,rra�toJl Ser'dic.es (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. October 29.2010 (To be completed by Municipality) BY: I�AC i aJ R - l�l� J !9�� �� S Name of Firm or Individual (Hereinafter referred CAOrIj'IVe�MOn1 L.-40• to as the "Contractor ") ��fl03Ntothj %fab,a uto 5 I.J c.Q3dYV S0 C ._�- Address Name of Person Signing for Firm (Signature) , 608 LOS; (Av.0- 1 .5'00-16 Qi cam) Office of Person Signing for Firm rr L42 b-,2,L,35 Telephone No. �►9c tt0n O WS, ci cr✓ CVo2 Summ�`I 6 5 �fLF,a�c rn J�2 CEiZri r- +cr+r� s TO CU& i hiSC �2ftN CC-7a- Pf tH7g Page 244 of 365 15g) - Being a By -Law to Authorize the Execution of an Agreement Be... GENERAL CONDITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 100, unless stated otherwise and is pertinent to this Contract. Regulations The Contractor shall abide by all Acts, By -laws and Regulations relative to the performance of the work. Completion Time shall be of the essence of this agreement. Payments Monthly payments for work done may be paid up to 85% of the estimated value of the work performed. Within thirty -seven (37) days of the date of acceptance of the completed Contract, the remaining 15% will be released to the Contractor. Engineer or Director of Transportation and Environmental Services Means the Council of the Municipality, or such other person, partnerhip or corporation as may be authorized by the Council to act on their behalf, in any particular capacity. Weighing Weighing shall be carried out in accordance with OPSS Form 102, current at the time of this Contract. Copies of OPSS Form 102 are available upon request from the MTO District Office. Damage by Vehicles and Other Equipment If at any time, in the opinion of the Director of Transportation and Environmental Services, damage is being done, or is likely to be done, to any highway or any improvement thereon, other than such portions as are part of the work, by the Contractor's vehicles or other equipment, whether licensed or unlicensed, the Contractor shall, on the direction of the Director of Transportation and Environmental Services and at the Contractor's own expense, make changes in or other equipment, or shall alter loadings or shall in some other manner, remove the cause of such damage to the satisfaction of the Director of Transportation and Environmental Services. Loading of Motor Vehicles Where a vehicle is hauling material for use on the work under the Contract, in whole or in part, upon a public highway and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit, as specified in the Highway Traffic Act, whether such vehicle is registered in the name of the Contractor or otherwise. N Page 245 of 365 15g) - Being a By -Law to Authorize the Execution of an Agreement Be... MEASUREMENT FOR PAYMENT Measurement for payment of granular materials will include only those materials incorporated into the work and accepted by the Director of Transportation and Environmental Services. (a) Tonnage Measurement Should the Contract require payment by the tonne, the method of weighing materials for payment shall conform to the requirements of OPSS Form 102. (b) Cubic Measurement Should the Contract require payment by the cubic metre, one of the two following methods will be employed, as specified in the Contract. (1) End Area Method Volume of materials will be measured in their original position and computed in cubic yards by the method of average end area. (2) Truck Box Method Materials will be measured in cubic metre (loose) by pre- determined truck capacities. The pre- determined capacity of each truck will be that computed from its box dimensions. Loading of each truck shall be kept to not less than the pre- determined capacity of truck. Conversion Factor 1 cubic yard = 0.764 cubic metres 1 cubic metre = 1.3 cubic yards 1 cubic metre = 1.76 tonnes 1 mile = 1.6 kilometres 1 kilometre = 0.6 miles BASIS OF PAYMENT Payment at the Contract price shall be compensation, in full, for the supply of all labour, equipment and materials necessary to complete the work to the satisfaction of the Director of Transportation and Environmental Services or his Representative. !/We (the Contractor) have reviewed the above and understand the procedures implied. ( LJ � �A�t7N • S� C� rl r nl G (� �1cd Name of Person Signing for Firm Signs ure 0 Page 246 of 365 15g) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 247 of 365 15g) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 248 of 365 15g) - Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of A-RC 2010. BETWEEN D: 1'UUrJ R • LD-A . er J D SQ , Cor,is r u cn - o, 3 t g0 of the i 00,Asitl P or- a z i,fe�j (s JCC) in the District or County of S� rn C caG and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF THE WORKS Contract No. TES2010 - 04 is to supply, haul and mix sand to the Township of Oro-Medonte in quantities as per Form of Tender Contract No. TES2010 - 04. These quantities could vary depending on the amount of sand left at the end of the winter season. The Contractor will be required to refill both sand storage buildings during the winter when notified by the Municipality. I1 Page 249 of 365 15g) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 2e day of October. 2010 The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written, bk 1, (Z. bode 7i-jo soK)S 601\15 PUC�i o r j t-Jm , Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 12 (;�� 6 2_� Signature of Corporation Seal of Corporation 0Y Lowe "(+_A()+ StC�,Jt off ) Page 250 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -108 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Kevin Woodrow For Snow Plowing and Sanding Horseshoe Valley Area, Winter Seasons of 2010- 2011, 2011 -2012 and 2012 -2013 (Tender TES2010 -05) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C100324 -12, the successful bidder of Tender TES2010 -05 to be Kevin Woodrow; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -05, Snow Plowing and Sanding Horseshoe Valley Area, Winter Seasons of 2010 -2011, 2011 -2012 and 2012 -2013, with Kevin Woodrow; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -05 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 251 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2010 -108 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE Township of Proud Heritage, Exciting Future CONTRACT NO. TES2010 - 05 TENDER FOR SNOW PLOWING AND SANDING HORSESHOE VALLEY AREA WINTER SEASONS OF 2010-2011, 2011-2012 AND 2012-2013 Page 252 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY, MARCH 19, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10:00 a.m This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 - 05" and addressed to Doug Irwin, Clerk, Township of Oro- Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact. Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 Page 253 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 - 05 NOTICE TO BIDDERS 1. Workplace Safety and Insurance I. The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2010 - 05. The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Mixed sand/salt will be supplied by the Township, including equipment for loading purposes. 4. The Contract route is indicated on the attached maps. These routes will be monitored by Municipal staff for a timely snow removal. 5. The Contractor is to bid on the supply of equipment and operator. Equipment must conform approximately to the specifications prepared for the rental of each unit. 6. The Township reserves the right to terminate this Contract at the end of each session, or as decided by the Township. Z The Contractor shall maintain a log of all work carried out for the Contract, specifying date, time, road location and conditions, and shall make this available to the Township upon request. The log shall be submitted to the Township at the completion of the Contract 8. Operating delays in excess of 15 minutes each, caused by the failure of the Contractor's equipment or lack of judgement of his operator, will be deducted as non-payment from rentals owed by the Township. 9. Standby time on all plow equipment will commence on November 15 th and continue until March 31st or longer, should conditions warrant retention In the opinion of the Township of Oro- Medonte. NOTE: Standby time payable by the Township for each day from November 15 to March 31 Operating time will be paid for actual time work that has been approved by the area Foreman. Page 254 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... NOTICE TO BIDDERS (cont'd.1 10. No payment will be made for either standby or operating time if the unit is employed, with the Township's permission, to plow for other Municipalities or individuals. Collection of such work shall be made by the Contractor from the employer and Township rates will not apply. 11. No payment will be made for standing time when any unit is broken down and unable to operate. 12. Payment by the Township will be as soon as possible after submission of monthly rentals from the Contractor. 13. Payment shall be made from the time the equipment leaves its base of operations until it returns. The Contractor will verify hours on a daily basis with the Director of Transportation and Environmental Services or his Representative. 14. One unit will be required by the Township to be stationed in the Township of Oro - Medonte area. 15. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 16. This "Notice to Bidders" must be signed by the Contractor and submitted with his tender as an indication that the terms contained therein are acceptable to him. 17. If the tendered amount is in excess of the budgeted amount and varies by more than 20 the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 18. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 19. Accessibility for Ontarians with Disabilities The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services k� - 1 n / Signature of Contractor 4 Page 255 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Tender Deposit On all plowing equipment tendered upon, a certified cheque made payable to the Township of Oro - Medonte in the amount of ONE THOUSAND DOLLARS ($1,000.00) shall be submitted with each tender. Certified cheques of the successful bidder shall be retained until the equipment has been placed in operating condition, at the Township's disposal, at the pre - described time. Failure on the part of the Contractor to do so will make his cheque subject to forfeit by the Township. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque will not be considered. Basis for Resection of Tender Tenders may be rejected for any one of the following reasons: a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid), e) Qualified or conditional bids; f) Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER *. Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner. L Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.0. 1990 C. 0.1) and regulations, made under that statute. Y. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. 5 Page 256 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety (cont'd.) vi. The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub - Contractors, may invalidate the Contract. vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub- Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability insurance: The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penalty Clause If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. Page 257 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 — 05 SPECIFICATIONS FOR TRUCKAND PLOW 1. The truck shall be a minimum of 25,400 kg GVWR tandem axle. 2. The truck shall be fully equipped as follows. (a) In compliance with the requirements of the Highway Traffic Act for the Province of Ontario, designating safety equipment, lights and applicable appurtenances for snow clearing /removal equipment; (b) Be in good mechanical and physical condition with an acceptable aesthetic appearance; (c) Display a valid truck certification inspection sticker for the applicable year of season commencement; (d) One -way snow plow and wing, all controlled hydraulically from the cab; (e) Sand hopper or two -way sandbox and spinner mounted on left side of the unit (optional). 3. Wingperson required where conditions dictate. If no wingperson is utilized, alternate additional specifications for equipment and cab must be met. Please specify on tender form and obtain specifications before submitting tender. 4. Contracted equipment will be outfitted with Township -owned two -way radios. Installation and removal of radios will be the responsibility of the Township. The Contractor shall make the unit available to the Township at a time convenient to the Township for this purpose. 5. Truck and equipment shall be inspected by the municipality prior to the start of each season and shall prove satisfactory to the Director of Transportation and Environmental Services or his designate. Page 258 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 259 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 -05 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING WING MAKE: Err, DEPTH: MODEL: CONTROLS: v raw r, LENGTH. 1 Corporation: K e-v i n Wo od ro w Address: 3 ( u\ t— 6 ke + Represented By: 2Vli n W 0661, 1 0 k../ Phone Number. 6cs) Date: M anr-hl A O i o Page 260 of 365 15h) Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this J q4k day of ay_ 2010. BETWEEN: 2 vii n U001) rO w of the T n con, n Orn — e done in the District or County of S. m c n and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 10 Page 261 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto, IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written, ` coo -W ignature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 11 Signature of Corporation Seal of Corporation Page 262 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... e� RF r z . ,� s 'COURT r <( Q \N �p� \� G CATHEDRAL PINES RD ` US HORSESHOE VALLEY ROAD"" tf a j Y � 1 i i p ALE COURT `t ' HILLSIDE COURT ; sh � Np DRNE ', 4 HIGHLA F � O �,� r_ HIGHLAND DRNE Z r 4 Z A Z 1 S 1g41& ` ; Z Z: - M NORDIC W Z W � S Page 263 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... ° a 0 W W z W x _N Z Z F W Z W PROCEE CIRCLE � G� QQOG�� Cp _ 'CyG HORSESHOE VALLEY ROAD W HORSESHOE VALLEY ROAD W x 0 w� o M o W Z W x N Z Z h W Z W a S Page 264 of 365 15h) - Being a By -Law to Authorize the Execution of an Agreement Be... 0 0 W w ul U) w NORTHWOOD COURT €" O 5 _ tsa Z w Z� M O Z Z �f� REEN MOUNTAIN COURT a O ax.N.. O I( 9 t BIDWELL ROAD o,ti 'FORi� o s 3 m A G 4 Q ga , t, •, 0 c �' po r z M i Z S Page 265 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -109 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Kevin Woodrow For Snow Plowing and Sanding Sugarbush, Winter Seasons 2010 -2011, 2011 -2012 and 2012 -2013 (Tender TES2010 -06) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C100324 -13, the successful bidder of Tender TES2010 -06 to be Kevin Woodrow; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -06, for Snow Plowing and Sanding Sugarbush, Winter Seasons 2010- 2011, 2011 -2012 and 2012 -2013, with Kevin Woodrow; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -06 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 266 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... t � Schedule "A" to By -law No. 2010- 109 �j 1 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE �T wnship v, f Proud Heritage, Exciting Future CONTRACT NO. TES2010 - 06 TENDER FOR SNOW PLOWING AND SANDING SUGARBUSH WINTER SEASONS OF 2010-2011 20112012 AND 2012-2013 Page 267 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY, MARCH 19, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10:00 a.m. This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 - 06" and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 Page 268 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 - 06 NOTICE TO BIDDERS 1. Workplace Safety and Insurance L The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2010 - 06. The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Mixed sand/salt will be supplied by the Township, including equipment for loading purposes. 4. The Contract route is indicated on the attached maps. These routes will be monitored by Municipal staff for a timely snow removal. 5. The Contractor is to bid on the supply of equipment and operator. Equipment must conform approximately to the specifications prepared for the rental of each unit. 6. The Township reserves the right to terminate this Contract at the end of each session, or as decided by the Township. * The Contractor shall maintain a log of all work carried out for the Contract, specifying date, time, road location and conditions, and shall make this available to the Township upon request. The log shall be submitted to the Township at the completion of the Contract. * Operating delays in excess of 15 minutes each, caused by the failure of the Contractor's equipment or lack of judgement of his operator, will be deducted as non-payment from rentals owed by the Township. 9. Standby time on all plow equipment will commence on November 15 and continue until March 31 or longer, should conditions warrant retention in the opinion of the Township of Oro- Medonte. NOTE. Standby time payable by the Township for each day from November 15 to March 77- 0perating time will be paid for actual time work that has been approved by the area Foreman. Page 269 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... NOTICE TO BIDDERS (cont'd.) 10. No payment will be made for either standby or operating time if the unit is employed, with the Township's permission, to plow for other Municipalities or individuals. Collection of such work shall be made by the Contractor from the employer and Township rates will not apply. 11. No payment will be made for standing time when any unit is broken down and unable to operate. 12. Payment by the Township will be as soon as possible after submission of monthly rentals from the Contractor. 13. Payment shall be made from the time the equipment leaves its base of operations until it returns. The Contractor will verify hours on a daily basis with the Director of Transportation and Environmental Services or his Representative. 14. One unit will be required by the Township to be stationed in the Township of Oro - Medonte area. 15. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 16 This "Notice to Bidders" must be signed by the Contractor and submitted with his tender as an indication that the terms contained therein are acceptable to him. 17. If the tendered amount is in excess of the budgeted amount and varies by more than 206 the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 18. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 19. Accessibility for Ontarians with Disabilities I. The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. C W ignature of Contractor Page 270 of 365 150 - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Tender Deposit On all plowing equipment tendered upon, a certified cheque made payable to the Township of Oro - Medonte in the amount of ONE THOUSAND DOLLARS ($1,000.00) shall be submitted with each tender. Certified cheques of the successful bidder shall be retained until the equipment has been placed in operating condition, at the Township's disposal, at the pre - described time. Failure on the part of the Contractor to do so will make his cheque subject to forfeit by the Township. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque will not be considered. Basis for Resection of Tender Tenders may be rejected for any one of the following reasons: a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid), e) Qualified or conditional bids; f) Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER* Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner: i Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. ii. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv, The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. Page 271 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety (cont'd.) vi. The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub - Contractors, may invalidate the Contract. vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub- Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability Insurance: The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penalty Clause: If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. Page 272 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 — 06 SPECIFICATIONS FOR TRUCKAND PLOW 1. The truck shall be a minimum of 25,400 kg GVWR tandem axle. 2. The truck shall be fully equipped as follows: (a) In compliance with the requirements of the Highway Traffic Act for the Province of Ontario, designating safety equipment, lights and applicable appurtenances for snow clearing /removal equipment; (b) Be in good mechanical and physical condition with an acceptable aesthetic appearance; (c) Display a valid truck certification inspection sticker for the applicable year of season commencement; (d) One -way snow plow and wing, all controlled hydraulically from the cab, (e) Sand hopper or two -way sandbox and spinner mounted on left side of the unit (optional). 3. Wingperson required where conditions dictate. If no wingperson is utilized, alternate additional specifications for equipment and cab must be met Please specify on tender form and obtain specifications before submitting tender. 4. Contracted equipment will be outfitted with Township -owned two -Way radios. Installation and removal of radios will be the responsibility of the Township. The Contractor shall make the unit available to the Township at a time convenient to the Township for this purpose - 5. Truck and equipment shall be inspected by the municipality prior to the start of each season and shall prove satisfactory to the Director of Transportation and Environmental Services or his designate. Page 273 of 365 15i) - Being a By-Law to Authorize the Execution of an Agreement Be M R Page 274 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 275 of 365 CONTRACT NO. TES2010 -06 SPECIFICATIONS FOR TRUCK AND PLOW TENDER FOR SNOW PLOWING AND SANDING WING MAKE: I DEPTH: MODEL: CONTROLS: LENGTH: Corporation: . \ 1 y� ��� ( c,✓ Address: 6 G - 0 fl o -m F o tv 51 C n D k 1 F () Represented By: /f E 0 A 0 6 D R O W Phone Number: 7 6 5 3Ij - 2 q / � Date �'I A 9 Page 275 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this q day of 2010. BETWEEN: p C- U 1 Al 00 D of the 0 U, IF PGiV -1 r in the District or County of and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 10 Page 276 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever, IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto, IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 11 Signature of Corporation Seal of Corporation Page 277 of 365 15i) - Being a By -Law to Authorize the Execution of an Agreement Be... HORSESHOE VALLEY ROAD W ASH COUR;. A z :o O tS49d/� a pL� COURT 4 IA HURONWOOOS DRIVE H LANE HAWKH �,GHT 9 ar �A r , 2 m r �c _o O i -C Z y ti Z yA 'A m D r r Z SUMAC CRESCENT ONEIDAAVENUE,. '• — Z GA�ur'pCpURT _ ---4, � SUGARB SHOAD HURO V1100DS DRIVE 5� F � s Page 278 of 365 15j) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -110 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Ron Burton & Sons For Roadside Grass Cutting for the Summer Seasons of 2010/2011/2012 (Tender TES2010 -07) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C100324 -14, the successful bidder of Tender TES2010 -07 to be Ron Burton & Sons; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -07, Roadside Grass Cutting for the Summer Seasons of 2010/2011/2012, with Ron Burton & Sons; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -07 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 279 of 365 15j) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2010 -110 �`� %'`✓� "_r TENDER FOR CONTRACT NO. TES2010 — 07 � The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements ". made payable to the Township of Oro-Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tendered amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. INVe (the Contractor) promise to commence work on; June 15th,2010 (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. July 31 of each year (for roadside cutting) (To be completed by Municipality) 1588429 Ontario Limited 0/A BY: Name of Firm or Individual (Hereinafter referred R on Burton &Sons to as the "Contractor ") 8 Georgian Drive Warminster Address Name of Person Signing for Firm (Signature) Adam R. Burton Vice-President Office of Person Signing for Firm (705) 327 - 4229 Cell Telephone No. Page 280 of 365 15j) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 281 of 365 15j) - Being a By -Law to Authorize the Execution of an Agreement Be... SPECIAL. PROVISIONS FOR CONTRACT NO. TES2010 -07 Page 282 of 365 15j) - Being a By -Law to Authorize the Execution of an Agreement Be... MUNICIPAL CUMMUNITr TILJ using a' %deck Page 283 of 365 15j) - Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 17th day of BETWEEN; 1588429 Ontario Limited 0/A Ron Burton & Sons March 2010. Village of Warminster District or County of S i m c o e and the Province of Ontario; of the in the Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 11 Page 284 of 365 15j) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 31 day of July of each year (for roadside cutting). The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 12 ig ature of Corporation Seal of Corporation Adam R. Burton — Vice — President I have the authority to hind the corporation. Page 285 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -111 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Kevin Woodrow For Grass Cutting for Municipal Community Tile Beds for the Summer Seasons of 2010/2011/2012 (Tender TES2010 -07) WHEREAS the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. CW100616 -7, the successful bidder of Tender TES2010 -07 to Kevin Woodrow; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -07, Grass Cutting for Municipal Community Tile Beds for the Summer Seasons of 2010/2011/2012 with Kevin Woodrow. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -07 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 286 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2010 -111 TENDER FOR THE (/V TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2010 - 07 TENDER FOR ROADSIDE GRASS CUTTING SUMMER SEASONS OF 2010/2011/2012 Page 287 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY, MARCH 19, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10:00 a.m This tender is general in nature, except that separate Forms 1 and 2 will be used The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each Form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 - 07" and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 NOTE Bidders have the option to tender on: Form 1 Roadside Grass Cutting Form 2 Municipal Community Tile Beds and Water Pumphouse Facilities NOTICE The Contractor should consider the equipment necessary, if bidding on both Forms, to ensure timely completion of the work. This is a three -year Contract for the summer seasons of 2010/2011/2012. Page 288 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO, TES2010 — 07 NOTICE TO BIDDERS 1, Workplace Safety and Insurance The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract, The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry, 2, The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No, TES2010 - 07, The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered total amount. Payment will be made on the unit price tendered, 4. If the tendered amount is in excess of the budgeted amount and varies by more than 20% the Township reserves the right to reduce quantities to match budget amount without notice or re- tender, 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 6. Accessibility for Ontarians with Disabilities The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. 3 Page 289 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Tender Deposit A certified cheque made payable to the Township of Oro - Medonte for 10% of the total bid or optional to the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit" for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The cheque or Letter of Credit of unsuccessful bidders will be returned within fourteen (14) days of tender opening. The cheque or Letter of Credit of the successful bidder will be retained until the Municipality's acceptance of the work. Tenders not accompanied by a certified cheque or Letter of Credit will not be considered. Basis for Rejection of Tender Tenders may be rejected for any one of the following reasons: a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid); e) Qualified or conditional bids; 0 Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER': Occupational Health and Safety The following requirements and conditions shall be included in all agreements with Contractors (and sub- Contractors) engaged by or on behalf of the Owner. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.0. 1990 C. 0.1) and regulations, made under that statute. ii. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. ii% The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. Page 290 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety tcont'd.) A The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub- Contractors, may invalidate the Contract. vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liabilitv Insurance: The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily Injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against ail claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penalty Clause If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. Page 291 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDER FOR CONTRACT NO. TES2010 — 07 BY: The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements ", made payable to the Township of Oro - Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tendered amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. it is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. I/We (the Contractor) promise to commence work on: (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: July 31 of each year (for roadside cutting) (To be completed by Municipality) Name of Firm or Individual (Hereinafter referred to as the "Contractor ") Address Name of Person Signing for Firm (Signature) Office of Person Signing for Firm Telephone No. Page 292 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... SPECIAL PROVISIONS FOR CONTRACT NO. TES2010 -07 ROADSIDE GRASS CUTTING FORM 1 Design 1. First cut shall begin the last week in June, or as requested by the Director of Transportation and Environmental Services or his Representative. 2. Cutting of existing roadside shall consist of a minimum of 1.8 metres (6 feet) width, starting at the shoulder and following the ditch slope to the ditch line. 3. Equipment supplies shall conform to all safety requirements for off -road vehicles under the Highway Traffic Act. 4. A second cut shall begin the first week of August, or as requested by the Director of Transportation and Environmental Services or his Representative. 5. The second cut shall consist of a minimum of 1.8 metres (6 feet) width, starting at the shoulder and following the ditch slope to the ditch line. Immediately following this cut will be an offset flail type mower with a minimum cut of 1.8 metres (6 feet) to follow the front slope of ditch to the ditch line. This flail type mower must be capable of cutting fine brush and coarse weeds. 6. The Township reserves the right to stop work at any time if the job is not progressing satisfactorily. 7 Page 293 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 294 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 295 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 296 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 1 1 day of Ma rcz 2010. BETWEEN: of the District or County of !� c6n C. 0 and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 11 Page 297 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 31 day of July of each year (for roadside cuffing), The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written, K Signature of Contractor, or Signature of Corporation Seal of Corporation Signature of the Clerk Signature of the Mayor with Seal 12 V Page 298 of 365 15k) - Being a By -Law to Authorize the Execution of an Agreement Be... P � O-- i I 3 � Y � � " v tp I V +r ° C PLAIT Cl ,, Cl T �S n - J F ` 4 1 m w w' > In / y a r N ? 1t w w a i 9 H 3 ~ �� • A4 714- 7. Page 299 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -112 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Kevin Woodrow For Grass Cutting for Water Pumphouse Facilities for the Summer Seasons of 2010/201112012 (Tender TES2010 -07) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. CW100616 -7, the successful bidder of Tender TES2010 -07 to Kevin Woodrow; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -07, Grass Cutting for Water Pumphouse Facilities for the Summer Seasons of 2010/2011/2012 with Kevin Woodrow. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -07 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 300 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2010 - 112 TENDER FOR THE (,U TOWNSHIP OF ORO- MEDONTE 'Township of Proud Heritage, Exciting Future CONTRACT NO. TES2010 - 07 PTENDER FOR R ±VTT/NG „ LIA�IMER��Sf,�4Sl'�NS ;�F�010/Z011/202 Page 301 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 0.00 A M. ,QN FRIDAY, ARCH-19 -9, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10.00 a.m This tender Is general in nature, except that separate Forms 1 and 2 will be used The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each Form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 - 07" and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact: Jerry Ball, C. R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone. (705) 487 -2171 NOTE Bidders have the option to tender on: Form 1 Roadside Grass Cutting Form 2 Municipal Community Tile Beds and Water Pumphouse Facilities NOTICE The Contractor should consider the equipment necessary, if bidding on both Forms, to ensure timely completion of the work. This is a three-year Contract for the summer seasons of 2010/2011/2012. Page 302 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 — 07 NOTICE TO BIDDERS 1. Workplace Safety and Insurance I. The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2010 - 07. The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered total amount. Payment will be made on the unit price tendered. 4. If the tendered amount is In excess of the budgeted amount and varies by more than 20 %, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 6. Accessibility for Ontarians with Disabilities L The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro- Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. Page 303 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Tender Deposit A certified cheque made payable to the Township of Oro - Medonte for 10% of the total bid or optional to the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit" for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The cheque or Letter of Credit of unsuccessful bidders will be returned within fourteen (14) days of tender opening. The cheque or Letter of Credit of the successful bidder will be retained until the Municipality's acceptance of the work. Tenders not accompanied by a certified cheque or Letter of Credit will not be considered Basis for Resection of Tender Tenders may be rejected for any one of the following reasons: a) Bids received after closing date, b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all Items not bid); e) Qualified or conditionall bids; f) Bids not properly signed and sealed. EACH IDpE`13 UST.`OMPET THE TWQ- PAGE"�fGREEMENT" SORT /ON.if7CATEt) SIT HE END O�',THJS,T��IDER *. Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. ii. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. 4 Page 304 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety (contd.) vi. The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub - Contractors, may invalidate the Contract vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Llability Insurance: The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or Private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penaltv Clause: If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account Page 305 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDER FOR CONTRACT NO. TES2010 — 07 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements'; made payable to the Township of Oro - Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tendered amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. I/We (the Contractor) promise to commence work on: (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: ulv 3:1`of:each,vear lfor roadside cuttina) (To be completed by Municipality) BY: Name of Firm or Individual (Hereinafter referred to as the "Contractor ") Address Name of Person Signing for Firm (Signature) Office of Person Signing for Firm Telephone No. Page 306 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... SPECIAL PROVISIONS FOR CONTRACT NO. TES2010 -07 ROADSIDE GRASS CUTTING FORM 1 Design 1. First cut shall begin the last week in June, or as requested by the Director of Transportation and Environmental Services or his Representative. 2. Cutting of existing roadside shall consist of a minimum of 1.8 metres (6 feet) width, starting at the shoulder and following the ditch slope to the ditch line. 3. Equipment supplies shall conform to all safety requirements for off -road vehicles under the Highway Traffic Act. 4. A second cut shall begin the first week of August, or as requested by the Director of Transportation and Environmental Services or his Representative. 5. The second cut shall consist of a minimum of 1.8 metres (6 feet) width, starting at the shoulder and following the ditch slope to the ditch line. Immediately following this cut will be an offset flail type mower with a minimum cut of 1.8 metres (6 feet) to follow the front slope of ditch to the ditch line. This flail type mower must be capable of cutting fine brush and coarse weeds. 6. The Township reserves the right to stop work at any time if the Job is not progressing satisfactorily. Page 307 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 -07 TENDER FOR ROADSIDE GRASS CUTTING - FORM 1 G. S. T. No. P.S.T. $ G.S.T. $ TOTAL TENDER $ I/We hereby agree that the work specified and the material required in the contract will be performed in strict accordance with the specifications in this tender. Signed at the County of of this day of Signature of Contractor or Witnesses and Position Held Name and Telephone No. of Person To be Contacted 0 in the 2010. Signature of the Corporation Seal of Corporation Page 308 of 365 DESCRIPTION OF . 2010 2017 2012. UNIT. > ITEM >QUANTITIES UNIT UNIT UNIT, TOTAL PRICE -PRICE PRICE GRASS CUTTING 1. ROAD ALLOWANCE - 600 KM LUMP SUM PRIVATE LOT - LUMP 2. SUM CUTTING - 0.5 HA EACH OR LESS PRIVATE LOT PER HA 3. CUTTING 0.5 HA AND HA GREATER PRICE FOR SECOND 4. CUT, INCLUDING HR OFFSET FLAIL MOWER, AS REQUIRED BY THE DIRECTOR G. S. T. No. P.S.T. $ G.S.T. $ TOTAL TENDER $ I/We hereby agree that the work specified and the material required in the contract will be performed in strict accordance with the specifications in this tender. Signed at the County of of this day of Signature of Contractor or Witnesses and Position Held Name and Telephone No. of Person To be Contacted 0 in the 2010. Signature of the Corporation Seal of Corporation Page 308 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... SPECIAL PROVISIONS FOR CONTRACT NO. TES2010 -07 MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMPHOUSE FACILITIES GRASS CUTTING FORM 2 Design MUNICIPAL COMMUNITY TILE BEDS Cutting shall begin during the first week of June. The Municipal community tile beds are not manicured lawns and will be cut a minimum of four (4) times per season to control weeds and brush, as requested by the Director of Transportation and Environmental Services or his Representative. The following is a list of the Municipal community tile beds. s'"y..SS. �Y�'Ile Oed'•, a'Jr' � 4T ' t >7sf "+ � tlrit Price T.F. #1 ©/ ty 76 T. F. #2A Q {yr e 5 4, T.F. #2B T.F. #3 {7 7" i ` nip © T.F. #4 70 3-ra, aa" /?,—E 37J I T IM C� 'see attached map` X 4 f i 4 o o , c r- x� IA ao.&Cr rS Uo The Township reserves the right to stop work at any time if the fob Is not progressing satisfactorily. 3 -(!L - TM - na* L- = *t 300. es&- WATER PUMPHOUSE FACILITIES Cutting shall begin during the first week of June. The water pumphouse facilities are not manicured lawns and will be cut a minimum of four (4) times per season to control weeds and brush, as requested by the Director of Transportation and Environmental Services or his Representative. The following is a list of the water pumphouse facilities: Page 309 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... MUNICIPAL COMMUNITY TILE BEDS AND WATER PUMPHOUSE FACILITIES GRASS CUTTING FORM 2 ame `did Aclalress�YN�b I,Inrt Prue w g 01tln�tice ' r20 f�/r�l# Price Canterbury i Somerset Blvd. Oro Station Cedarbrook 1547 Ridge Road East 7 Hawkestone Horseshoe Highlands 1A Count Club Lane ; C) `I �� / T JJP l9 Horseshoe Highlands t '7 Water Tower Sugarbush Well #1 y tp 10 Huronwoods Dr. Sugarbush Well #2 3310 Line 6 North / 1 ' 1� 60 / ,� �• mR- 1� / lq ! 1 l9 Sugarbush Booster Station 67 Huronwoods Drive Sugarbush Reservoir A� �7 � ( f �� 4 1 6 Oneida Avenue Warminster Booster Station 1 Georgian Drive Warminster Well 2093 Warminster Sideroad Maplewood /1 6 0 / � /// it 40 Maplewood Parkwa !a 7S, oo- The Township reserves the rig to s�o n w ork at any time If the job is not progressing satisfactorily.1a�a NOTE All municipal community tile beds and water pumphouse facilities will be cut using a regular or mid -sized lawn and garden tractor with a minimum of a four (4) foot cutting deck. 10 Page 310 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of I A - a �`�� f n 2010. BETWEEN: of the District or County of �; CZ)4.C_e) r and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do an the work as described hereafter, furnish an the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 11 Page 311 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the X31 S day of July of each year (for roadside cuftirt . The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of Corporation Seal of Corporation Signature of the Clerk Signature of the Mayor with Seal 12 r m 0 6M Page 312 of 365 151) - Being a By -Law to Authorize the Execution of an Agreement Be... a I � ;3 N 1 SAP! y o v N u Fv � 0 j4 Z N ; �;..L� Cr ^ N jr Ud 0 4k to CO s � i f w + e DUI � � T► AI <� ,� � �+ i 111 � 1 ^ f. O � M O ` � a ♦ 1 � G i�� �•� ` j r � �i i O 4 4 a V r 111 s l O � v Page 313 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -113 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Alineutility Limited For Streetlight Maintenance for two (2) years from April 1, 2010 to March 31, 2012 (With Option to Extend for Three —1 Year Additional Terms) (Tender TES2010 -08) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C100325 -15, the successful bidder of Tender TES2010 -08 to Alineutility Limited; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2010 -08, Streetlight Maintenance for two (2) years from April 1, 2010 to March 31, 2012, (With Option to Extend for Three — 1 Year Additional Terms) with Alineutility Limited; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2010 -08 attached hereto as Schedule "A" and forming part of this By- Law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 314 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2010- 113jj�� TENDER FOR THE TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2010 - 08 TENDER FOR STREETLIGHT MAINTENANCE FOR TWO (2) YEARS FROM APRIL 1, 2010 TO MARCH 31, 2012 (With Option to Extend for Three - 1 Year Additional Terms) Page 315 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9:00 A.M. ON FRIDAY, MARCH 19, 2010 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Friday, March 19, 2010 at 10;00 a.m This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Transportation and Environmental Services Department as tendered. Please provide all the documentation required for each form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2010 -08" and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact. Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone. (705) 487 -2171 2 Page 316 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. TES2010 — 08 NOTICE TO BIDDERS 1. General The Township of Oro - Medonte is requesting bids for the ongoing maintenance of the 660 streetlights within the Municipality, in accordance with the terms and conditions of the Contract as attached hereto and forming part of this tender document. 2. Duration of Contract This Contract shall be effective from the time of award, for a period of two (2) years beginning April 1, 2010 and ending March 31, 2012, with the option to extend for three - one (1) year additional terms. Pricing submitted shall be firm for the term of the Contract. The Township reserves the right, at its discretion, to extend the award for up to an additional three - one (1) year terms, pending mutual agreement with the successful bidder. No alterations, additions or deletions from the accepted quotation price will be permitted without the prior written approval of the Township. 3. Withdrawal of Tender A tenderer may, without prejudice to himself, withdraw his tender at any time up to twenty - four (24) hours before the time set for the closing of the tender. Such withdrawal shall be made in writing and be received by the Township Clerk within the specified time. 4. Ability and Experience of the Tenderer It is not the intention of the Township to award this tender to any tenderer who does not furnish satisfactory evidence that he/she has the ability and experience in this class of work, and that he /she has sufficient capital and plant to enable him/her to execute and complete the same successfully, and to complete it in the time stated in this tender. 5. Tenderers to Investigate The tenderer is responsible for carefully examining all sites in which work under this tender is to be performed, satisfying himself as to the character and nature of the ground conditions and identify which types of equipment will be required to perform the work. The submission of a tender shall be deemed to be proof that the tenderer has complied with the foregoing requirements. 6. Tenderer's Understanding It is understood and agreed that the tenderer has, by careful examination, satisfied himself/herself as to the nature, character, quality and quantity of the materials required, the character of equipment and facilities needed primarily to, and during, the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this Contract. 3 Page 317 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... 7. Township's Authority 7.1 The Township's Director of Transportation and Environmental Services, or his/her designated Representative, shall be the Contract Administrator, as identified in Ontario Provincial Standards (OPS) Section GC 1.04 of the General Conditions. Z2 It is mutually agreed between the parties of this Contract that the Township's Director of Transportation and Environmental Services, or designated Representative, shall decide every question which may arise relative to the execution of the work to be performed under this Contract. 8. Township's MOW to Terminate Contract If the Contractor is in default in carrying out its obligations under the Contract, the Township may, without prejudice, upon 45 days written notice to the Contractor, terminate the Township's obligation under the Contract. If the Contract is so terminated, the Contractor shall forthwith leave the site. The Township shaft be obliged to pay only for work satisfactorily completed through the date of termination. The decision of the Contract Administrator as to the amount of such sum shall be final. 9. Workplace Safety and Insurance L The Contractor shaft provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been compiled with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. H. The Contractor clearly understands and agrees that they are not, nor is anyone hired by the Contractor, covered by the Corporation of the Township of Oro - Medonte under the Workplace Safety and Insurance Board Act, Unemployment Act, or any other Act, whether Provincial or Dominion, in respect to the tenderer, their employees and operations, and shall, upon request, furnish the Township with satisfactory evidence that the Contractor has complied with the provisions of any such Acts iff. The Township of Oro - Medonte is not to be deemed the employer of the Contractor or their personnel under any circumstances whatsoever. 10. Liability Insurance The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. n Page 318 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... 11. Federal Goods and Services Tax (G. S. T. For the purpose of this tender, the Federal Goods and Services Tax (G.S.T.) will not be included in the tendered unit prices, however the successful tenderer, when invoicing the Township for the work performed under this tender, shall show the G.S.T. as a separate item on all invoices. 12. indemnification 12.1 The Contractor shall indemnify and save harmless the Corporation of the Township of Oro - Medonte from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgements of every nature and description made, brought or recovered against the Township by reason of any act or description made, brought or recovered against the Township by reason of any act or omission of the Contractor, his agents or employees, in the execution of his work 12.2 The Contractor shall agree to fulfil all of its obligations in compliance with the Occupational Health and Safety Act, Electrical Utilities Safety Association (E. U.S.A.) and Industry Specific Safety Standards applicable to the specified work required, and further agrees to take total responsibility for any health and safety violations that may occur. 13. Limits and Laws/Conformity to Leaislation The Contractor shall obtain and pay for all required permits from Federal, Provincial and Municipal Authorities having jurisdiction over the work. The Contractor shall comply with all applicable laws, ordinances, rules and regulations, including but not limited to, Occupational Health and Safety Act, the Labour Act, Environmental Protection Act and Highway Traffic Act. 14. The Contractor must comply with ALL Safety Standards established by law and with Safety Standards established by Industry Associations where applicable. Breach of this condition will be a fundamental Breach of Contract. 15. Occupational Health and Safety The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner: I. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. ii. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Township and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. W. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Township. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Township. V. The Township will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Township -owned and controlled environments in the vicinity of the project are free from hazards. 5 Page 319 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... Occupational Health and Safety (contd.) vi. The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub - Contractors, may invalidate the Contract. vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Township by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Township to set off the damages so assessed against any monies that the Township may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. 16. Safety Precautions 16.1 The Contractor shall see that all necessary safety equipment for the protection of workmen employed on the work is provided. This shall include safety helmets, safety masks, safety boots, safety gloves, signs, safety cones, flashers, etc. 16.2 The Contractor shall conduct the work at all times with the safety of employees on the job and the safety of the public in mind. All work shall be done in accordance with recognized safe working practices and Government requirements applying to the work. 17. Workmanship 17.1 Work shall be carried out in accordance with the best standard practice by persons trained and skilled in the type of work concerned. 17.2 Job measurements shall be taken for the proper executions and completion of the work and the Contractor shall assume complete responsibility for the accuracy and completeness of the work therein. The whole work shall be complete to the entire satisfaction of the Township. 18. Cleaning Up The Contractor shall leave the site of the work in a clean, tidy condition, completely free of any debris which may have accumulated from his activities The Contractor shall promptly, once the work is complete, pick up the protective barriers, signs, etc., used to warn the public of this work. 19. Deviations No deviations from the specifications shall be made by the Contractor in the execution of the work without the written approval of the Township's Contract Administrator. 20. Sub - Letting The Contractor shall keep the work under his personal control and shall not assign, transfer or sublet any portion of the work without first obtaining the written consent of the Township. 21. Payment Payment for the work will be made only on the basis of the prices shown in the tender. Terms Net 30 days after receipt of WSIB Certificate of Clearance and acceptance of satisfactory completion by the Township. 6 Page 320 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... 22. Minor Chancres The Township reserves the right to negotiate minor changes or variations to this tender with the successful tenderer without recalling the tender. 23. Qualifications 23.1 The Contractor will be a member in good standing of the Electrical Utilities Safety Association (E. U.S.A) and work within the rules of the Construction Safety Act 23.2 The personnel operating directly under this Contract shall be qualified to work in proximity to energized power lines. The bucket -truck equipment used in this Contract must comply fully with all applicable safety standards. 24. Estimated Quantities 24.1 It is not known at this time the full extent of work to be performed under this Contract. 24.2 Payment will be made on actual quantities supplied. 25. Equipment 25.1 Aerial devices or radial boom derrick units used by the Contractor must be operated in accordance with the E. U.S.A. rules. 25.2 Aerial devices or radial boom derrick units must be tested and certified in accordance with CSA C225 -M88. 25.3 If the aerial device requires outriggers to meet stability requirements, the outriggers must have planks or pads used under the outrigger foot. Wheels should be chocked, 25.4 Vehicles shall be equipped with appropriate 4 -way flashers, yellow rotating light or beacon, traffic sings, traffic cones and, if required, a flashing arrow or arrow board as per the Ontario Traffic Manual - Book 7. 26. WHMIS- Workplace Hazardous Materials 26.1 The Contractor is responsible to provide training and necessary equipment to the Contractor's employees for the handling of hazardous materials. 26.2 The Contractor is responsible for making sure all hazardous materials have proper supplier labels and that up -to -date Material Safety Data Sheets are available to the Township, for all products which are hazardous materials in the Contract and/or on the construction site. 27. Accessibility for Ontarians with Disabilities 27.1 The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or seyaices. SignaUiff Contrast 7 Page 321 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... SPECIAL PROVISIONS i. The Contractor shall enter into an Inspection for Electrical Maintenance Work performed on Roadway Electrical Systems/Roadway Service Annual Agreement with the Electrical Safety Association, and maintain a logbook recording the maintenance work completed on the Township of Oro- Medonte's streetlights during the term of the Contract. The Electrical Safety Association will perform inspections and the Contractor shall comply with the requirements of the Electrical Safety Association. 2. The Contractor agrees that all work in close proximity to live line with voltages greater than 750 Volt will be performed subject to the Occupational Health and Safety Act and Regulations. 3. The Contractor will be responsible for the safety of his employees and will ensure that those jobs, which include work in proximity to live line apparatus, will be in compliance with Occupational Health and Safety Act requirements and Electrical Utility Safety Rule requirements, and; a) Each crew on the job must have at least two members. One member must have successfully completed the 4 th year of a formal Powerline Technician Apprenticeship training program or equivalent. The second member must have completed and be at least at the apprenticeship level. b) The aerial device on site must be electrically certified as work platform and must display a decal showing the current certifications. c) Employees are knowledgeable in the handling of PCB ballasts, in accordance with applicable provincial legislation. d) AU street lighting installation/maintenance is to be in conformity with the requirements of the Electrical Utility Safety Rules, current edition. 4. The Contractor agrees that he /she is the "constructor /employer" under the Occupational Health and Safety Act and shall conform to the requirements of said Act. The Contractor also agrees to take responsibility for any Health and Safety Violations, as well as the cost to defend such charges as a result of any violation under this Contract. 5. The Contractor will be responsible for the safety of his/her employees and will ensure that for those jobs, they are required to follow the Electrical Utility Safety Rules (as revised). The Contractor will be defined as the "employer" under the Electrical Utility Safety Rules. These rules are in addition to all other pertinent safety rules and are to be used to comply with the current regulations made under the Ontario Occupational Health and Safety Act and all other applicable legislation. 6. The Contractor shall be fully liable for loss or damage which may arise from the Contractor's operations. 7. The Contractor shall supply the material with a mark -up of no greater than 20% and will provide unit pricing to cover material to be used Part "C" and shall cover the cost to purchase, store and insure equipment(material purchased by the Contractor for this Contract. 0 Page 322 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... Special Provisions (contd.) 8. The Contractor shall provide the following response times; a) Emergency Service Calls require a response time within TWO (2) hours; b) Three (3) or more consecutive luminaries out, or thirty (30) percent luminaries out on any kilometre of roadway, are to be repaired within seven (7) working days; c) Low priority items are to be repaired within fourteen (14) working days. 9. The Township agrees that payment will be at the rates shown on Schedules "A ", `B" and "C" attached hereto and forming part of this Contract. 10. The Township agrees that the minimum call -out time payment will be for one (1) hour. 11. The Contractor shall not sublet or assign any work under the Contract without the written consent of the Township. 12. If, in the absolute discretion of the Township, the Contractor is not performing work in a suitable manner and in accordance with the terms of this Agreement, it may dismiss the Contractor upon giving him/her 45 days notice in writing. 13. If, for any reason, the Contractor is unable to fulfil the provisions of this Agreement, he /she may terminate his/her Contract by giving the Township 45 days notice in writing. 14. If the tendered amount is in excess of the budgeted amount and varies by more than 20%, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 15. This tender is a proposed two (2) year Contract, with option to extend yearly for three additional years. The Township reserves the right to terminate this Contract at the end of each optional year, or as decided by the Township. 16 Township staff will perform routine patrols of the streetlights and produce work orders for the Contractor stating the location of the light that needs repair. The Contractor shall at no time fix a streetlight that has not been approved for work by the Township, without first getting verbal approval from the Contract Administrator. 17. Payment by the Township will be as soon as possible after submission of monthly invoices from the Contractor. 18. The Contractor shall maintain a log of all work carried out for the Contract, specifying date, time and materials, and shall make this available to the Township upon request. The log shall be submitted to the Township at the completion of the Contract. g Page 323 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... TENDERING REQUIREMENTS Basis for Resection of Tender Tenders may be rejected for any one of the following reasons: a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid); e) Qualified or conditional bids; f) Bids not properly signed and sealed; g) HISTORICAL PERFORMANCE. The Director of Transportation and Environmental Services, or his Representative, reserves the right to disqualify and remove from the tendering process those tenderers whose historical performance has been unsatisfactory in terms of failure to meet Contract specifications, terms and conditions or for Health and Safety violations, of which the Director shall be the sole judge. h) CREDIT AND REFERENCE CHECKS: The Township shall be entitled to verify the tnderer's credit and financial situation at anytime during the RFT process. The Township, at its sole discretion, may confirm the tnderer's experience and or ability to provide the products /service required and described in its tender by checking the tnderer's references. The Township reserves the right to reject any tenderer if the evidence submitted by, or investigation of reference or credit check of such tenderer, fails to satisfy the Township that such tenderer is properly qualified to carry out the obligations of the Contract and complete the work as contemplated herein. AWARD: The Township reserves the right to accept or reject any or all tenders, to negotiate with the Successful Tenderer(s) and to waive irregularities and omissions; if in so doing, the best interests of the Township will be served. No liability shall accrue to the Township for Its decision in this regard. Any tender, or any part of any tender, will not necessarily be accepted. The lowest tender does not necessarily constitute an award. The Township is not obligated to award a Contract to any tenderer pursuant to this tender. The Township reserves the right to award the Contract on a split -order basis, lump sum basis, or individual -item basis, or such combination as shall best serve the interests of the Township in the opinion of the Director of Transportation and Environmental Services. 10 Page 324 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... TOWNSHIP OF ORO- MEDONTE CONTRACT NO, TES2010 — 08 STREETLIGHT MAINTENANCE The Township of Oro - Medonte is requesting bids for the ongoing maintenance of its 660 streetlights located throughout the Municipality, in accordance with the terms and conditions of the Contract as attached hereto and forming part of this tender document. The undersigned, having carefully examined the Contract and conditions relating thereto, hereby tender and offer to enter into a Contract on the terms and conditions herein set forth, to supply all necessary labour, tools and appliances and all materials, except as indicated in the specifications, and to do the work in a substantial and workmanlike manner in accordance with the said Contract and under the direction and to the satisfaction of the Director of Transportation and Environmental Services and /or his Representative in charge of the works and at the sums stated hereunder for the duration of the "Contract ". I/We understand and agree to repair and maintain streetlights as per the instructions and conditions as described in the Contract at the hourly rates indicated for labour, Schedule "A" - Labour, Schedule "B" - Vehicles, and Schedule "C" - Streetlight Maintenance unit prices as prescribed in the said Contract. It is the responsibility of the successful candidate to provide proof of registration with the WSJ and insurance requirements before the final awarding of the Contract takes place. The lowest or any tender not necessarily accepted. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. Rir_\e 1 `i`y 4 fr11 ) +Cd Firm Na e qa he_c ahj R p ao Add 01.i eoi nr I <pm 1L- City/Town Postal Code 0 * 1q3 -216 (1c�5 79..3- 231 Teiep one Fax Signature Position I1 Page 325 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2010 — 08 STREETLIGHT MAINTENANCE CONTRACT BETWEEN: THE CORPORATION OF THE TOWNSIM" OF ORO MEDONTE (hereinafter called the "Township ") OF THE FIRST PART - AND - .... OF THE SECOND PART (hereinafter call6d the "Contractor') WHEREAS, the Township and the Contractor have agreed to enter into a Contract for the ongoing maintenance of sfreetlights in the Township of Oro - Medonte. NOW THEREFORE, it is mutually agreed between the parties as follows: The Contractor shall enter into an Inspection for Electrical Maintenance Work performed on Roadway Electrical SystemaMoadway Service Annual Agreement with the Electrical Safety Association, and maintain a logbook recording the maintenance work completed on the Township of Oro - Medonte's streetlights during the term of the Contract. The Electrical Safety Association will perform inspections and the Contractor shall comply with the requirements of the Electrical Safety Association. 2. The Contractor agrees that all work in close proximity to live line with voltages greater than 750 Volt will be performed subject to the Occupational Health and Safety Act and Regulations. 3. The Contractor will be responsible for the safety of his employees and will ensure that those jobs, which include work in proximity to live line apparatus, will be in compliance with Occupational Health and Safety Act requirements and Electrical Utility Safety Rule requirements, and; a) Each crew on the job must have at least two members. One member must have successfully completed the 4 1h year of a formal Powerline Technician Apprenticeship training program or equivalent. The second member must have completed and be at least at the apprenticeship level. b) The aerial device on site must be electrically certified as work platform and must display a decal showing the current certifications. c) Employees are knowledgeable in the handling of PCB ballasts, in accordance with applicable provincial legislation. d) All street lighting installation/maintenance to be in conformity with the requirements of the Electrical Utility Safety Rules, current edition. 4. The Contractor agrees that he /she is the "constructor /employer" under the Occupational Health and Safety Act and shall conform to the requirements of said Act. The Contractor also agrees to take responsibility for any Health and Safety Violations, as well as the cost to defend such charges as a result of any violation under this Contract. 12 Page 326 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... Streetlight Maintenance Contract - Page 2 5. The Contractor will be responsible for the safety of his/her employees and will ensure that for those jobs, they are required to follow the Electrical Utility Safety Rules (as revised). The Contractor will be defined as the "employer" under the Electrical Utility Safety Rules. These rules are in addition to all other pertinent safety rules and are to be used to comply with the current regulations made under the Ontario Occupational Health and Safety Act and all other applicable legislation. 6. The Contractor shall be fully liable for loss or damage which may arise from the Contractor's operations. 7. The Contractor shall supply the material with a mark -up of no greater than 20% and will provide unit pricing to cover material to be used Part "C" and shall cover the cost to purchase, store and insure equipment/material purchased by the Contractor for this Contract. S. The Contractor shall provide the following response times: a) Emergency Service Calls require a response time within TWO (2) hours; b) Three (3) or more consecutive luminaries out, or thirty (30) percent luminaries out on any kilometre of roadway, are to be repaired within seven (7) working days; c) Low priority items are to be repaired within fourteen (14) working days. 9. The Township agrees that payment will be at the rates shown on Schedules "A ", `B" and "C" attached hereto and forming part of this Contract. 10. The Township agrees that the minimum call -out time payment will be for one (1) hour. 11. The Contractor shall not sublet or assign any work under the Contract without the written consent of the Township. 12. If, in the absolute discretion of the Township, the Contractor is not performing work in a suitable manner and in accordance with the terms of this Agreement, it may dismiss the Contractor upon giving him/her 45 days notice in writing. 13. If, for any reason, the Contractor is unable to fulfil the provisions of this Agreement, he/she may terminate his/her Contract by giving the Township 45 days notice in writing. 14. If the tendered amount is in excess of the budgeted amount and varies by more than 20%, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 15. This tender is a proposed two (2) year Contract, with option to extend yearly for three additional years. The Township reserves the right to terminate this Contract at the end of each year, or as decided by the Township. 16 Township staff will perform routine patrols of the streetlights and produce work orders for the Contractor stating the location of the light that needs repair. The Contractor shall at no time fix a streetlight that has not been approved for work by the Township, without first getting verbal approval from the Contract Administrator. 17. Payment by the Township will be as soon as possible after submission of monthly invoices from the Contractor. 13 Page 327 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... Streetlight Maintenance Contract - Page 3 18. The Contractor shall maintain a log of all work carried out for the Contract, specifying date, time and materials, and shall make this available to the Township upon request. The log shall be submitted to the Township at the completion of the Contract. 19. "Notice to Bidders" must be signed by the Contractor and submitted with his/her tender as an indication that the terms contained therein are acceptable to him/her. The term of this Contract is for two years, beginning April 1 2010 and ending March 31 2012. This Contract may be extended, upon agreement by the Township and the Contractor, for an optional three -1 year extensions. WITNESS the Corporate Seal of the Corporation of the Township of Oro- Medonte duly attested to by its proper officers in the behalf, and the hand and seal of the Contractor. On the day of Signed, Sealed and Delivered In the presence of. 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor Clerk "NAME OF CONTRACTOR" % �' �� Authorized Sig ature - Contractor 1 2 (A e. Address Du n Sfo Y 0M I LO City/Town Postal Code r Telephone: (7,$) 1 3 - 'i 3o2 Fax. noel '7 6 1 3 - q 319 Email. CL �Ck nC, A "D 14 Page 328 of 365 15m) - Being a By-Law to Authorize the Execution of an Agreement Be TOWNSHIP OF ORO-MEDONTE CONTRACT NO. TES2010 — 08 STREETLIGHT MAINTENANCE Schedule "A" - LABOUR (Term of the Contract - 2 years) �i�' gg� ?�.� ,y? �.a �" �' '�� sr � 2' �� � -�' c �, !� "` + �ca �Y�� �. ;"g*y /� ai r* �. si-- " p y L� - Yn � sF � $ �9 '` �"'�Y.Y a � T� � „1i ,� 3 +,�* � r.e w�.h. :� +! `� 4 .. i j.'M �l��� f �Ll� 3,yS9. +��.�. � � ,..Y3. . ;1. b -.. , rtA.r. _„ G .e ...� '�YJ�d � �. �.£ i' : £� gym, F �..., e.:..t ..� 4n�miV {Yti':G 1 F P'4�'T�s �: I Lineman Hourly '� 37, $ 55, s 2 Apprentice Hourly $ _$75 3q 3 Labourer Hourly $ 5- $ R,5 19 0q 4 Equipment Operator Hourly $ 33 cc 9 q Designer/Contract Administrator Hourly $ 010 39 6 Hourly $ $ 7 Hourly $ $ 8 Hourly $ $ Please specify other field staffs hourly rate which may be used. GST NOT INCLUDED IN PRICES 15 Page 329 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2010 — 08 STREETLIGHT MAINTENANCE Schedule "B" - VEHICLES (Term of the Contract - 2 years) Please specify all other vehicles' hourly rates which may be used. GST NOT INCLUDED IlV PRICES 16 Page 330 of 365 w�"'`a 34 �L. 4 NSA f autr:3r r ?����'��� #� �' [• f��e.� u��'' �.i�����`4� A�X�£�.3��� } W�•i�yY°f Y1t d Y �1 ��� M+t � � �i�+��Ea � �C' S� �F 2 Bucket Truck Hourly $ d P $ 6_0 (standard streetlight ( maintenance) 2 Bucket Truck - 65 ft. Hourly $ 7,5 a 0 $ 1 0 , a 3 Auger Truck Hourly $ © o 4 Small Bucket Truck - FIags/Banners Hourly $ m 35 $ O 5 Small Truck - Hourly $ 60 $ Van/Pick up I � � 6 Hourly $ $ 7 Hourly $ $ 8 Hourly $ $ Please specify all other vehicles' hourly rates which may be used. GST NOT INCLUDED IlV PRICES 16 Page 330 of 365 15m) - Being a By -Law to Authorize the Execution of an Agreement Be... T' w NSHIP OF OR .. ANTE C ®NTRACT NO. TES2070 — OS STREETLI . HT MAINTEI�IAN;CE Schedule "C" 53' RgET'LIGHT:MAIIVTENANCE (Term of the Contract 2'�years) Note Unit `Cost shall $e fixed for a TWO (2) year term. Estimated annual replacements sub)ec't to change y r�1-c { f: ;and =Replace 70 matt HPS Tarr "S �s A 7i Remove and Repigpo 100 watt Hl'8 iairip $ ' 40 Remove and Replace 70 waft HPS,lamp & r how and .Replace "�QO wc9i#BPS lamp Remove and'Rep photocell $ Remove and Replace �I�lercuryYVapour plead ' 0 : 0 �, p i 6. 2. with` 70 watt KPS Cobra Head '. $ $ Q Remove Replace Mercury Vapour Head' ©cz ' a0 w {th 100 watt Ws Co{ira F3ead r $ $ 7 5 Q Remove and Replace` a 70 watt iuminaire $ ballast kit J q Remove a and Replacd' 100 watt lu. minaire oO o, c7 2' bciIcOt kit $" $ 3 Remove and Replace °a capacitor, starter d �? m ?; r nitor socket va $� $� ' Rernoue and re lace a second in lute FY rse $ a $ �S p G� l �" o-§'r; F.w b 1 tease BOOt OT Fuse � f + ! h `� zl q u I'2 ��a- T s �itt hten direct i ?cried vl s Wq x# 13 = 'Os� R move aadkr`epldceaY�ctburled sfreet M. 0 e � *ter y G ' : a Remove and repIacepiasemou t S treet f� p Q ' ht lQSSUm ` ".base 1S ntcict) s Ins O tgli newf ? wat streetlight head and arrit f ®� 15 1 on gxrsting has tuning appropriate werfiso.,urces.aIreatl``," ri WII., " x " a 54u '. iv ^ � 1 , xia c It. v Y om' 1, i - s Page 331 of 365 15m) - Being a By-Law to Authorize the Execution of an Agreement Be TOWNSHIP OF ORO-MEDONTE CONTRACT NO. TES2010 — 08 STREETLIGHT MAINTENANCE Schedule "D" - Bidder's Ability and Experience Form The tenderer shall provide below, information on Contracts in this class of work (as specified herein) that has been successfully undertaken by the tenderer's firm. The references below must be for a municipality, Township etc., for streetlight maintenance. Contract #1 Name of Municipality 444-or Number of Streetlights Year of Contract & Duration Description of Scope of Work & Contract No. Reference Contact Name & Phone No. MA _An r. (�V I _.. N. Contract #2 Name of Municipality Number of Streetlights Year of Contract & Duration Description of Scope of Work & Contract No. Reference Contact Name & phone No we G Contract #3 11,0 11 Name of Municipality Number of Streetlights Year of Contract & Duration Description of Scope of Work & Contract No. Reference Contact Name & Phone No. 18 Page 332 of 365 15n) - A By -Law Imposing Special Annual Drainage Rates Upon Land in... ~ - ®Municipal World'— Farm 1120 -1 'Reg. T.M. in Canada Municipal Woddlnc. Tit. Drainage An, R.S.O. 1990, c. T.S. s. 8 R.R.O. 1990, Rcg. 1032, Farm 11 RAVING BY -LAW THE CORPORATION OF THE _ TOWNSHI P OF QRO- M EDONTE_____ . - _ _ BY -LAW NUMBER 2010 -114 A by -law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act. WHEREAS owners of land in the municipality have applied to the Council under the Tile Drainage Act for loans for the purpose of constructing subsurface drainage works on such land; AND WHEREAS the Council has, upon their application, lent the owners the total sum of $ 10 ,.400 .. , , to be repaid with interest by means of rates hereinafter imposed; BE IT THEREFORE ENACTED by the Council: 1. That annual rates as set out in the Schedule W attached hereto are hereby imposed upon such land as described for a period of ten years, such rates to be levied and collected in the same manner as taxes. Passed this .. ?3rd . , , day of ...... JUNE ........ .. 1 .490.. - - - - - -- - - - - - -- Corporate Sea[ Mayor, H.S. Hughes, Head of ----- Council --- ---- - - - - - -- -- ----- --- - - - - -- -. -- J. Douglas Irwin, Clerk Page 333 of 365 15n) - A By -Law Imposing Special Annual Drainage Rates Upon Land in Iw N C& o " _ a o c c -0 ,1 � Q v� z d3 € .r LL� I 3� u Page 334 of 365 C& o " a v ° C G H c-i ¢ b 1 ' U1 O O O N O � C G � b 44 . 3 f0 I 0 1 O R O Q I H� W C P U : 0 . _41 a: O ° w Z O V 10 v , U I �; o: I a. - z' j ' I I 'x di PQ d rx o. z d3 € .r LL� I 3� u Page 334 of 365 150) - A By -law to Establish a Compliance Audit Committee (CAC). THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -115 A By -law to Establish a Compliance Audit Committee (CAC) WHEREAS Sections 81 and 81.1 of the Municipal Elections Act, 1996, S.O. 1996, c. 32, as amended, provides for the requirements of a Compliance Audit Committee; 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 the administrative practices are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. CW100616 -04 to approve the establishment of a Compliance Audit Committee NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the Township of Oro- Medonte's Procedural By -law shall govern the proceedings and activities of the Compliance Audit Committee. 2. That persons appointed to the Compliance Audit Committee shall be paid such remuneration and expenses as Council provides. 3. That the Terms of Reference attached hereto as Schedule "A" shall form part of this by -law. 4. That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 335 of 365 15o) - A By -law to Establish a Compliance Audit Committee (CAC). Schedule "A" to By -law No. 2010 -115 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TERMS OF REFERENCE COMPLIANCE AUDIT COMMITTEE 1. Name The name of the Committee is "The Township of Oro - Medonte Compliance Audit Committee ". 2. General The Compliance Audit Committee shall be established before October 1 of an election year. The term of office for the Compliance Audit Committee is the same as the term of office of Council, being four years. 3. Mandate The powers and functions of the Compliance Audit Committee are set out in Sections 81 and 81.1 of the Municipal Elections Act, 1996, as amended. The Compliance Audit Committee will perform the functions relating to the compliance audit application process as outlined in the Act. These functions include: a) considering a compliance audit application by an elector and decide whether it should be granted or rejected; b) appointing an auditor, if the application Is granted; c) receiving the auditor's report; d) considering the auditor's report and decide whether legal proceedings should be commenced; and e) determining whether to recover costs of conducting the compliance audit from the applicant if the auditor's report indicates there were no apparent contraventions and if there appears to be no reasonable grounds for having made the application. 4. Membership The Compliance Audit Committee will be composed of three (3) members. The following are excluded from being members of the Committee: • Candidates in the election for which the Committee is established; • Council or Local Board Members; and • Municipal Employees and Officers. Should an appointed Member accept employment with the municipality or register as a candidate, their appointment will be terminated. To avoid any potential conflict of interest, applicants with accounting or auditing backgrounds must agree in writing that they will not offer their services to any municipal election candidates. 5. Chair The Compliance Audit Committee members shall select a Chair from amongst its members at its first meeting. Page 336 of 365 15o) - A By -law to Establish a Compliance Audit Committee (CAC). 6. Membershio Selection Through public recruitment, applications will be presented to Council in Closed Session for consideration of appointment to the Compliance Audit Committee. The selection criteria will be based on, but not limited to: • Demonstrated knowledge and understanding of municipal election campaign financing rules; • Proven analytical and decision - making skills, • Experience working on committees, task forces or similar settings, • Demonstrated knowledge of quasi-judicial proceedings, • Availability and willingness to attend meetings; and • Excellent oral and written communications skills 7. Meetings The Compliance Audit Committee will meet, as needed, with meetings to be scheduled by the Clerk, in consultation with the Chair, when a compliance audit application is received. Meetings of the Compliance Audit Committee will be conducted in accordance with the open meeting requirements of the provisions of the Municipal Act, 2001, subject to any need to meet in closed session for a purpose authorized by Section 239 of the Municipal Act, 2001 and the provisions of the Township's Procedural By -Law. The website will be utilized to communicate the meeting notices and agendas Page 337 of 365 15p) - Being a By -law to amend By -law No. 2010 -081 (A By -law to Pro... CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010-116 Being a By -law to amend By -law No. 2010 -081 (A By -law to Provide for Remuneration and Expenses for Members of Council and Council's Appointees to Local Boards and Committees/Technical Support Groups, and Expenses for Employees) WHEREAS, Section 283 of the Municipal Act, S.O. 2001, c.25, as amended, provides that a Municipality may pay any part of the remuneration and expenses of the members of Council of the municipality and of the officers and employees of the municipality; AND WHEREAS Council did on May 12, 2010 pass By -law No. 2010 -081 to provide for the remuneration and expenses of Members of Council and Council's Appointees to Local Boards and Committees/ Technical Support Groups and for expenses for employees; NOW THEREFORE, the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: That Section 2 of Schedule "B" of By -law 2010 -081, be amended to add "and Compliance Audit Committee" after "Committee of Adjustment'. 2. That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 338 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO.2010 -118 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Melissa Lenna Elliott described as lands as follows: West Part of Lot 26 Concession 9, Being Part 4, on Plan 51R -36216 Being all of PIN 74032 -0228 (LT), 59 Springhome Road East TOWNSHIP OF ORO- MEDONTE Former Township of Oro PIN 74032- 0228(LT) Roll# 4346- 010 - 009 -68960 Township of Oro - Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro- Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule 'A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 339 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... APPENDIX "A" SITE PLAN AGREEMENT - between - MELISSA LENNA ELLIOTT -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS West Part of Lot 26, Concession 9, Being Part 4, on Plan 51 R -36216 Being all of PIN 74032 -0228 (LT) 59 Springhome Home Roll # 4346 -010 -009 -68960 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE June 23, 2010 By -Law No. 2010 -118 Page 340 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 341 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A. SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this 23"' day of June, 2010, in accordance with Section 41 of the Planning Act BETWEEN: Melissa Lonna Elliott Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the construction of a single detached dwelling with covered porches on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area' AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B "; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 342 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owners obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner', unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owners solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and dear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with covered porches described in the Site Plan; Foundation, Main Floor, and Loft Floor Plans; Sections; and Front and Side Elevation drawings. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: Page 343 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. c) Parking Areas and Driveways Al parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule 'B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction_ The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. Tree Preservation No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, and driveway, as shown on approved Site Plan Drawing Al prepared by Springwater Engineering & Design and Cubic CAD Models, dated April 2010, unless dead or diseased. Page 344 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the fours of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the constriction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act 2001, S.O. 2001, c. 25, as amended. Page 345 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A', attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized In that behalf. SIGNED, SEALED AND DELIVERED ) Melissa Lonna Elliott )Owner The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor ) ) J. Douglas Irwin, Clerk Page 346 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Melissa Lenna Elliott LEGAL DESCRIPTION OF LANDS West Part of Lot 26, Concession 9, Being Part 4, on Plan 51 R36216 Being all of PIN 74032 -0228 (LT) 59 Springhome Road Roll # 4346- 010 - 009 -68960 Page 347 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Melissa Lenna Elliott SITE PLAN Site Plan Drawing is available from the Township of Oro - Medonte. Page 348 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Melissa Lenna Elliott DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP NIA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP NIA to Page 349 of 365 15q) - A By -law to Authorize the Execution of a Site Plan Control A... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Melissa Lonna Elliott ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required $1,000.00 under the terms of this Agreement, as noted in Section 5 herein. M Page 350 of 365 15r) - Being a By -law to remove the Holding symbol applying to land... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010-0119 A By -law to remove the Holding symbol applying to lands located at West Part of Lot 26, Concession 9, Being Part 4, on Plan 51 R36216, Being all of PIN 74032 -0228 (LT), 59 Springhome Road East (Elliott) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro- Medonte enacts as follows: 1.Schedule 'A5', to Zoning By -law No_ 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "West Part of Lot 26, Concession 9, Being Part 4, on Plan 51 R- 36216, Being all of PIN 74032 -0228 (LT), 59 Springhome Road East (Elliott}" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 351 of 365 15r) - Being a By -law to remove the Holding symbol applying to land... Schedule W to By -Law No. 2010 -119 This is Schedule 'A' to By -Law 2010 -119 passed the 23' day of June, 2010. Mayor H.S. Hughes Clerk J. Douglas Irwin h w' z J SPRINGHOME:RtlAO fr m D a SUBJECT LANDS, TOWNSHIP OF ORO- MEDONTE Page 352 of 365 15s) - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -120 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 1698165 ONTARIO INC. described as lands as follows: 2976 Highway 11 Concession 7, Part of Lot 20, Plan 1145, Lots 6 to 8, as in R01382333 Township of Oro - Medonte (formerly Oro), County of Simcoe PIN 58546 -0042 (LT) Roll# 4346- 010 - 00331500 Township of Oro - Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix Wand Schedules "A, B, C and D" shall form part of this By- Law; 4. THAT this By -Law shall take effect on the final passing thereof BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23RD DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 353 of 365 15s) - APPENDIX "A" SITE PLAN AGREEMENT - between - 1698165 ONTARIO INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS 2976 Highway 11 Concession 7, Part of Lot 20, Plan 1145, Lots 6 to 8, as In R01382333 ORO- MEDONTE PIN 58546 -0042 (LT) Roll# 4346-010-003-31500 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE June 23, 2010 By -Law No. 2010 -120 Page 354 of 365 15s) - THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 355 of 365 15s) - SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 23"' day of June, 2010, in accordance with Section 41 of the Planning Act BETWEEN: 1698165 ONTARIO INC. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the redevelopment of the property with the construction of a gas bar, a convenience store, and a restaurant drive -thru. on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the use as subject to "Site Plan Control "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B "; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 356 of 365 15s) - 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner', unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $ 5000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C', as well as certification from the Owners solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment, if applicable. i) The Owner shall comply withal requirements contained the Ministry of Transportation Permits BL- 2010- 20T-44 and Encroachment Permit EC- 2010 -20T- 80 issued May 12, 2010. j) The Owner shall comply with all requirements contained in the Lake Simcoe Region Conservation Authority Permit OP- 2010 -019 dated June 2010. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: That the Township has enacted a By -law to permit the redevelopment of the property with the construction of a gas bar, a convenience store, and a restaurant drive -thru on lands described in Schedule "A", attached hereto; That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may Page 357 of 365 15s) - proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule °B ". b) Lighting Al lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. e) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. f) Lake Simcoe Region Conservation Authority 1. That the owner shall agree to carry out or cause to be carried out the recommendations and measures contained within the plans and reports as approved by the conservation authority and the Township. 2. That the owner shall agree to ensure that all stormwater management facilities and sediment and erosion control measures will be in place prior to any site alteration. 3. That the owner shall agree to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports, and specifications, as approved by the conservation authority and the Township. 4. That the owner shall agree to ensure that a qualified company maintain the oil/grit separator in accordance with the manufacturers maintenance schedule. 4. DEVELOPMENT CHANGES Page 358 of 365 15s) - The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E ", with an automatic renewal clause in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act 2001, S.O. 2001, c. 25, as amended. 7. CO- OPERATION Page 359 of 365 15s) - The Owner consents to the registration of this Agreement by the Township, upon the titre of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED )1698165 Ontario Inc. ) ) Name: Title: I have the ability to bind the Corporation The Corporation of the Township of Oro- Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 360 of 365 15s) - SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro- Medonte and 1698165 Ontario Inc. LEGAL DESCRIPTION OF LANDS Concession 7, Part of Lot 20, Plan 1145, Lots 6 to 8, as In RO1382333, 2976 Highway 11, Township of Oro - Medonte PIN 58546 -0042 (LT) Roll# 4346- 010. 003 -31500 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Page 361 of 365 15s) - SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro- Medonte and 1698165 Ontario Inc. SITE PLAN Site Plan Drawings are not in a registerable form and are available from the Township of Oro - Medonte. Drawings approved by the Township include the following: 1. Site Plan Dwg A -1 prepared by Battaglia Architect Inc. dated March 2010 2. Landscape Plan M +S Landscape Architects dated May 2010 3. Sanitary Treatment and Area Bed Design Phase 1 prepared by Pearson McCuaig Engineering Ltd. dated April 12, 2010 4. Site Servicing Plan (Dwg C -1) prepared by John Towle Associates Limited dated June 15, 2010 5. Site Grading Plan (Dwg. C -2) prepared by John Towle Associates Limited dated June 3, 2010 6. Storm Drainage Plan (Dwg. C -3) prepared by John Towle Associates Limited dated June 15, 2010 7. Erosion and Sediment Control Plan (Dwg. C -4) prepared by John Towle Associates Limited dated June 3, 2010 8. Construction details (Dwg. C -5) prepared by John Towle Associates Limited dated June 3, 2010 9. Site Plan Electrical (Dwgs. E -1 to E -5) prepared by H.A.S. i£ Associates Engineering Co. Inc. dated January 2009 10. Revised SWM Report prepared by John Towle Associates Limited dated June 2010 Page 362 of 365 15s) - SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 1698165 Ontario Inc. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP NIA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP NIA Page 363 of 365 15s) - SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro- Medonte and 1698165 Ontario Inc. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $ 20,000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. Page 364 of 365 16a) - Being a By -Law to Confirm the Proceedings of the Council Mee... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -099 BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, JUNE 23, 2010 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, June 23, 2010, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF JUNE, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 365 of 365