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10 02 2013 Council AgendaPage 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Bill 168). d) Robin Dunn, CAO, re: Litigation affecting the municipality (Legal Update). e) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Unopened Section of Bay Street). 5. MINUTES OF COUNCIL AND COMMITTEES: 4-20 a) Minutes of Council meeting held on Wednesday, September 25, 2013. 21 -24 b) Minutes of Human Resources Committee meeting held on Monday, September 23, 2013. 6. RECOGNITION OF ACHIEVEMENTS: None. 7. PUBLIC MEETINGS: None. 8. DEPUTATIONS: 25-41 a) 10:00 a.m. Frieda Baldwin, Project Manager, Huronia Trails & Greenways, Simcoe County Trails, re: Pilgrimage Signage along Oro - Medonte Rail Trail. Page 1 of 102 THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Toutnship of Wednesday, October 2, 2013 Proud Heritage, Exciting Future 9:00 a.m. - Closed Session 10:00 a.m. - Open Session 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Bill 168). d) Robin Dunn, CAO, re: Litigation affecting the municipality (Legal Update). e) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Unopened Section of Bay Street). 5. MINUTES OF COUNCIL AND COMMITTEES: 4-20 a) Minutes of Council meeting held on Wednesday, September 25, 2013. 21 -24 b) Minutes of Human Resources Committee meeting held on Monday, September 23, 2013. 6. RECOGNITION OF ACHIEVEMENTS: None. 7. PUBLIC MEETINGS: None. 8. DEPUTATIONS: 25-41 a) 10:00 a.m. Frieda Baldwin, Project Manager, Huronia Trails & Greenways, Simcoe County Trails, re: Pilgrimage Signage along Oro - Medonte Rail Trail. Page 1 of 102 42-45 46-50 51 -62 63-65 69-70 71 -73 Council Meeting Agenda - October 02, 2013 9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. TES2013 -17, re: Jerry Ball, Director of Transportation and Environmental Services, re: Replacement of Existing Sidewalks in Hawkestone. b) Report No. DS2013 -059, Glenn White, Manager, Planning Special Projects, re: General Amendment to Zoning By -law 97 -95 (Township of Oro - Medonte) [Refer to Item 15a)]. c) Report No. CS2013 -19, Doug Irwin, Director of Corporate Services /Clerk, re: 2014 Municipal Election. d) Robin Dunn, CAO, re: Request to Re- schedule the October 9, 2013 Council meeting to October 16, 2013. [Addenda] 11. REPORTS OF MEMBERS OF COUNCIL: None. 12. CONSENT AGENDA: a) Announcements of Interest to the Public: 1. Thanksgiving Holiday Office Closure, Monday, October 14, 2013. 2. Third Annual Mayor & Council's Business Breakfast, Wednesday, October 23, 2013, 7:30am- 9:30am, Trinity Community Church, 110 Line 7 South. 3. Huronia Nurse Practitioner -LED Clinic Accepting Patients, 3331 Line 4 North. 13. COMMUNICATIONS: a) Correspondence dated September, 2013 from Dennis Purcell, DRC Chair, Bancroft & Hastings Highlands Disaster Relief Committee re: Request to Support Fundraising Efforts. b) Invitation from the Orillia Soldiers' Memorial Hospital, re: Information Session, Thursday, October 10, 2013, 7:00 p.m. - Hawk Ridge Golf Club, Orillia. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: a) By -Law No. 2013 -179 A By -Law To Amend Zoning By -Law 97 -95, As Amended. Page 2 of 102 Council Meeting Agenda - October 02, 2013 74-99 b) By -Law No. 2013 -181 A By -law to Authorize the Execution of an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro - Medonte (Agreement #11459) And to Repeal By -law No. 2011 -091. 100-101 c) By -Law No. 2013 -182 A By -law to Amend By -law No. 2011 -013, Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 102 a) By -Law No. 2013 -180 Being A By -Law to Confirm the Proceedings of the Council meeting held on Wednesday, October 2, 2013. 19. ADJOURNMENT: a) Motion to Adjourn. Page 3 of 102 5.a) Minutes of Council meeting held on Wednesday, September... THE TOWNSHIP OF ORO- MEDONTE REGULAR COUNCIL MEETING MINUTES Council Chambers lyr��xrai Hrrirrr�rr, Cx.rirFu� Fx�rurr Wednesday, September 25, 2013 2010 - 2014 COUNCIL TIME: 5:31 p.m. Staff Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Present: Corporate Services /Clerk; Jerry Ball, Director of Transportation and Environmental Services; Donna Hewitt, Director of Corporate & Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services; Hugh Murray, Fire Chief; Derrek Witlib, Manager, Planning Services; Chris Williams, Tom Fenton, Aird & Berlis LLP (via teleconference call) V% Also Ann Truyens, Sue Roehner_ Present: 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. Page 1 of 17 Page 4 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C130925 -1 Moved by Crawford, Seconded by Lancaster Be it resolved that the agenda for the Council meeting of Wednesday, September 25, 2013 be received and adopted, as amended, to add Items 4 g) Robin Dunn, Chief Administrative Officer re: Staffing Update (Development Services) and h) Hugh Murray, Fire Chief and Derek Witlib, Manager, Planning Services re: Litigation affecting the municipality (Assembly Occupancy). 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. lb�' x Motion No. C130925 -2' 0 N Carried. Carried. Page 2 of 17 Page 5 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. b) Motion to Rise and Report. Motion No. C130925 -3 Moved by Lancaster, Seconded by Crawford Be it resolved that we do now Rise at 7:01 p.m. and Report on the Closed Session Items 4 Moved by Coutanche, Seconded by Meyer Be it resolved that the confidential correspondence dated June 20 and September 17, 2013 and presented by Robin Dunn, Chief Administrative Officer and Tom Fenton, Aird & Berlis LLP, re: Solicitor - client privilege (Lake Simcoe Regional Airport) be received. Carried. Page 3of17 Page 6 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. d) Jerry Ball, Director of Transportation and Environmental Services re: Acquisition /disposition of land (Water/Waste Water Servicing). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Jerry Ball, Director of Transportation and Environmental Services; Donna Hewitt, Director of Corporate & Strategic Initiatives; Derek Witlib, Manager, Planning Services; Chris Williams, Aird & Berlis LLP (via teleconference call). Motion No. C130925 -5 Moved by Crawford, Seconded by Lancaster Be it resolved that the confidential verbal information presented by Jerry Ball, Director of Transportation and Environmental Services; Robin Dunn, Chief Administrative Officer and Chris Williams, Aird & Berlis LLP and confidential correspondence dated August 26, 2013 re: Acquisition /disposition of land (Water /Waste Water Servicing) be received and that staff proceed as outlined. Carried. e) Doug Irwin, Director of Corporate Services/Clerk're: Acquisition /dispostion of land (portion of land abutting 1505 15/16 Sideroad East and the travelled road). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk. Motion No. C130925 -6 Moved by Meyer, Seconded by Coutan no Be it resolved 1. That Confidential Report No. CS2013 -17, Dougj Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (portion of land abutting 1505 15/16 Sideroad East and the travelled road) be received and adopted. 2. That Part 6, Plan 51 R- 18508, Part of West Half Lot 16, Concession 12, (Oro), Township of Oro - Medonte be permanently closed and declared surplus to the needs of the municipality. 3. That the subject lands be conveyed by direct sale to the abutting property owner. 4. That the benefitting owner provide the applicable deposit as stipulated in the Township's Fees and Charges By -law. 5. That the respective owner be advised that the lands to be conveyed are to merge on title, with their respective property and that the owner will be required to bring an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the parcel to one Property Identifier Number, at his expense upon transfer. 6. That the recommended land value outlined in Confidential Report No. CS2013 -17 be approved. 7. And that the owner be advised of Council's decision under the Director of Corporate Services /Clerks' signature. Carried. Page 4 of 17 Page 7 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. Page 5 of 17 Page 8 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013 b) Minutes of Committee of Adjustment meeting held on Thursday, September 19, 2013. Motion No. C130925 -11 Moved by Crawford, Seconded by Evans Be it resolved that the draft minutes of the Committee of Adjustment meeting held on Thursday, September 19, 2013 be received. Carried. 6. RECOGNITION OF ACHIEVEMENTS: None. Page 6of17 Page 9 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. 7. PUBLIC MEETINGS: None. 8. DEPUTATIONS: None. 9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 10. REPORTS OF MUNICIPAL OFFICERS: Motion No. C130925 -13 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That Report No. FD2013 -01, Hugh Murray, Fire Chief re: Results for 2013 Vehicle Quotation: 1 -1/2 Ton Pickup, Extended Cab - 4 Wheel Drive be received and adopted. 2. That the 2013 Vehicle Quotation be awarded to the following dealer: • Thor Motors, Orillia in the amount of $23,781.00 plus applicable taxes 3. And That the dealerships that submitted a Quotation be advised of Council's decision, under the Fire Chief's signature. Carried. Page 7of17 Page 10 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. Be it resolved 1. That Report No. DS2013 -058, Derek Witlib, Manager, Planning Services re: Site Plan Agreements (Democrat Maplewood Limited), 2013- SPA -18 — 2013 - SPA -25, Plan 51 M -957, (Former Township of Oro), Lots 100, 101, 102, 104, 107, 108, 112, 116 be received and adopted; 2. That the Township of Oro - Medonte enters into Site Plan Agreements with Democrat Maplewood Limited thereby permitting the removal of the Holding Provision applying to the subject Lots for the construction of single detached dwellings by way of model home permits granted by the Committee of Adjustment as part of Minor Variance Application 2013 -A -39; 3. That the Clerk brings forward the by -laws for Council's consideration to enter into Site Plan Agreements with Democrat Maplewood Limited and to remove the Holding Provision applying to the lands described as Lots 100, 101, 102, 104, 107, 108, 112, and 116 of Plan 51M-957, respectively; and 4. And That the owner be notified of Council's decision under the Manager, Planning Services' signature. Carried. Page 8of17 Page 11 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. e) Report No. RC2013 -19, Shawn Binns, Director of Recreation and Community Services, re: Oro African Church Assessment [To be distributed at the meeting]. Motion No. C130925 -16 Moved by Lancaster, Seconded by Crawford Motion No. C130925 -17 Page 9 of 17 Page 12 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. g) Report No. CS2013 -18, Doug Irwin, Director of Corporate Services /Clerk re: Microsoft Licensing. Motion No. C130925 -18 Moved by Crawford, Seconded by Lancaster a) Mayor H.S. Hughes, correspondence dated September 9, 2013 from Leslie Kirsh, Harris & Partners LLP re: Margolian,Property. Motion No. C130925 -19 Moved by Meyer, Seconded b Coutanche Be it resolved 1. That the correspondence dated September 9, 2013 from Leslie Kirsh, Harris & Partners LLP and presented by Mayor H.S. Hughes and Councillor Evans, re: Margolian Property be received. 2. And That the Township's Council representative be authorized to liaise with Lake Simcoe Region Conservation Authority on this matter. Page 10 of 17 Page 13 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. 12. CONSENT AGENDA: a) Announcements of Interest to the Public: 1. Huronia Nurse Practitioner -LED Clinic Now Accepting Patients. 2. Nottawasaga Valley Conservation Authority, Notice of Public Open House, Thursday, October 10, 2013. b) Nottawasaga Valley Conservation Authority, minutes of meeting held on June 28, 2013 and highlights of meeting held on August 30, 2013. Received. c) Midland Public Library minutes of meeting held on July 11, 2013. Received. d) Simcoe County District School Board and Simcoe Muskoka District Catholic District School Board, Education Development Charges, Simcoe County, Notice of Public Meetings. Received. ISO Carried. 13. COMMUNICATIONS: None. Page 11 of 17 Page 14 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: a) By -Law No. 2013 -162: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 100, Plan 51 M -957, as in 58533 -0324 LT, ROLL # 4346- 010 - 003 - 26600, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. b) By -Law No. 2013 -163: A By -law to remove the Holding symbol on lands described as follows: Lot 100, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26600. c) By -Law No. 2013 -164: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 101, Plan 51 M -957, as in 58533 -0325 LT, ROLL # 4346- 010 - 003 - 26601, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOEz. d) By -Law No. 2013 -165: A By -law to remove the Holding symbol on lands described as follows: Lot 101, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26601. e) By -Law No. 2013 -166: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 102, Plan 51 M -957, as in 58533 -0326 LT, ROLL # 4346- 010 - 003 - 26602, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. f) By -Law No. 2013 -167: A By -law to remove the Holding symbol on lands described as follows: Lot 102, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010- 003 - 26602. g) By -Law No. 2013 -168: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 104, Plan 51 M -957, as in 58533 -0328 LT, ROLL # 4346- 010 - 003 - 26604, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. h) By -Law No. 2013 -169: A By -law to remove the Holding symbol on lands described as follows: Lot 104, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26604. Page 12 of 17 Page 15 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. i) By -Law No. 2013 -170: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 107, Plan 51 M -957, as in 58533 -0331 LT, ROLL # 4346- 010 - 003 - 26607, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. j) By -Law No. 2013 -171: A By -law to remove the Holding symbol on lands described as follows: Lot 107, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010- 003 - 26607. k) By -Law No. 2013 -172: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 108, Plan 51 M -957, as in 58533 -0332 LT, ROLL # 4346- 010 - 003 - 26608, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. 1) By -Law No. 2013 -173: A By -law to remove the Holding symbol on lands described as follows: Lot 108, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26608. m) By -Law No. 2013 -174: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 112, Plan 51 M -957, as in 58533 -0336 LT, ROLL # 4346- 010 - 003 - 26612, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. n) By -Law No. 2013 -175: A By -law to remove the Holding symbol on lands described as follows: Lot 112, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26612. o) By -Law No. 2013 -176: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 116, Plan 51 M -957, as in 58533 -0340 LT, ROLL # 4346- 010 - 003 - 26616, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. p) By -Law No. 2013 -177: A By -law to remove the Holding symbol on lands described as follows: Lot 116, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26616. q) By -Law No. 2013 -178: A By -law to Adopt Engineering Standards and Drawings And to Repeal By -law No. 1995 -104. Page 13 of 17 Page 16 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. Motion No. C130925 -21 Moved by Coutanche, Seconded by Meyer Be it resolved that a) By -Law No. 2013 -162: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 100, Plan 51 M -957, as in 58533 -0324 LT, ROLL # 4346- 010 - 003 - 26600, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. b) By -Law No. 2013 -163: A By -law to remove the Holding symbol on lands described as follows: Lot 100, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26600. c) By -Law No. 2013 -164: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 101, Plan 51 M -957, as in 58533 -0325 LT, ROLL # 4346- 010 - 003 - 26601, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. d) By -Law No. 2013 -165: A By -law to remove the Holding symbol on lands described as follows: Lot 101, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26601. e) By -Law No. 2013 -166: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 102, Plan 51 M -957, as in 58533 -0326 LT, ROLL # 4346- 010 - 003 - 26602, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. f) By -Law No. 2013 -167: A By -law to remove the Holding symbol on lands described as follows: Lot 102, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010- 003 - 26602. g) By -Law No. 2013 -168: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 104, Plan 51 M -957, as in 58533 -0328 LT, ROLL # 4346- 010 - 003 - 26604, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. h) By -Law No. 2013 -169: A By -law to remove the Holding symbol on lands described as follows: Lot 104, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26604. Page 14 of 17 Page 17 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. i) By -Law No. 2013 -170: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 107, Plan 51 M -957, as in 58533 -0331 LT, ROLL # 4346- 010 - 003 - 26607, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. j) By -Law No. 2013 -171: A By -law to remove the Holding symbol on lands described as follows: Lot 107, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010- 003 - 26607. k) By -Law No. 2013 -172: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 108, Plan 51 M -957, as in 58533 -0332 LT, ROLL # 4346- 010 - 003 - 26608, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. 1) By -Law No. 2013 -173: A By -law to remove the Holding symbol on lands described as follows: Lot 108, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26608. m) By -Law No. 2013 -174: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 112, Plan 51 M -957, as in 58533 -0336 LT, ROLL # 4346- 010 - 003 - 26612, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. n) By -Law No. 2013 -175: A By -law to remove the Holding symbol on lands described as follows: Lot 112, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26612. o) By -Law No. 2013 -176: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 116, Plan 51 M -957, as in 58533 -0340 LT, ROLL # 4346- 010 - 003 - 26616, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. p) By -Law No. 2013 -177: A By -law to remove the Holding symbol on lands described as follows: Lot 116, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26616. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor Carried. Page 15 of 17 Page 18 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. Motion No. C130925 -22 Moved by Evans, Seconded by Crawford Be it resolved that q) By -Law No. 2013 -178: A By -law to Adopt Engineering Standards and Drawings And to Repeal By -law No. 1995 -104, a) Motion to go In Closed Session. Motion No. C130925 -23 Moved by Evans, Seconded by Cra Be it resolved that we do now go in Closed Se's ion at 7:40 p.m. to discuss Be it resolved that we do now Rise at 7:51 p.m. and Report on the Closed Session Items 4 e) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (portion of land abutting 1505 15/16 Sideroad East and the travelled road). f) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Shanty Bay Boat House). Refer to Items 4 e) and f). Page 16 of 17 Page 19 of 102 5.a) Minutes of Council meeting held on Wednesday, September... Council Meeting Minutes — September 25, 2013. 18. CONFIRMATION BY -LAW: a) By -Law No. 2013 -160: Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, September 25, 2013. Motion No. C130925 -25 Moved by Meyer, Seconded by Coutanche Be it resolved that By -Law No. 2013 -160: Being a by -law to confirm the proceedings of the Council meeting held on Wednesday, September 25, 2013 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Carried. Page 17 of 17 Page 20 of 102 5.b) Minutes of Human Resources Committee meeting held on Mo... 7n lrip fl Prond Heritrjge, Exerting Firlure Monday, September 23, 2013 2010 - Present: Mayor H.S. Hughes Councillor Crawford, Chair Councillor Meyer THE TOWNSHIP OF ORO- MEDONTE HUMAN RESOURCES COMMITTEE Neufeld Room 13 Staff: Robin Dunn, Chief Administrative Officer 1W A# TIME: 9:32 a.m. 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: Motion No. HR130923 Moved by Hughes, Seconded by Meyer It is recommended that the agenda for the Human Resources Committee meeting of Monday, September 23, 2013 be received and adopted. ",%W Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. Page 1 of 4 Page 21 of 102 5.b) Minutes of Human Resources Committee meeting held on Mo... Human Resources Committee Minutes — September 23, 2013. 4. MINUTES OF COMMITTEE: a) Minutes of Human Resources Committee meeting held on Monday, June 20, 2013. Motion No. HR130923 -2 Moved by Meyer, Seconded by Hughes It is recommended that the minutes of the Human Resources Committee meeting held on Monday, June 20, 2013 be adopted as printed and circulated. ...n .._ . Carried. 5. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. HR130923 -3 Moved by Hughes, Seconded by It is recommended that we do now go in Closed Session at 9:38 a.m. to discuss • personal matter affecting an identifiable individual; • labour relations /employee negotiations. Moved by Hughes, Seconded by Meyer It is recommended that we do now Rise and Report at 11:57 a.m. on items 5: c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). d) Robin Dunn, CAO, re: Labour relations / employee negotiations (Labour Relations). e) Robin Dunn, CAO, re: Personal matters about an identifiable individual (2014 Compensation). f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Corporate Strategic Planning - Department Business Plan). Carried. Page 2 of 4 Page 22 of 102 5.b) Minutes of Human Resources Committee meeting held on Mo... Human Resources Committee Minutes — September 23, 2013. It is recommended that the confidential verbal information / confidential correspondence dated September 23, 2013, presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (2014 Compensation) be received. Carried Page 3 of 4 Page 23 of 102 5.b) Minutes of Human Resources Committee meeting held on Mo... Human Resources Committee Minutes — September 23, 2013. f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Corporate Strategic Planning - Department Business Plans). Motion No. HR130923 -8 Moved by Meyer, Seconded by Hughes It is recommended that the confidential verbal information presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Corporate Strategic Planning - Department Business Plans) be received. A& Carried. 6. REPORTS OF MUNICIPAL OFFICERS: None. 7. NOTICE OF MOTIONS: None. 8. ADJOURNMENT' a) Motion to Adjourn. Motion No. HR130923 -9 Moved by Hughes, It is recommended that we do now ourn at 12:01 p.m. Councillor Crawford, Chair Robin Dunn, CAO Carried. Page 4 of 4 Page 24 of 102 8.a) 10:00 a.m. Frieda Baldwin, Project Manager, Huronia Tra... 09 -23- 13;14:43 ;Fro :U,ieys — Baldwin To:170S4870133 ;6472583096 # 1/ 1 W lip vf UESTFOR`DEPUTATiON BEFORE.COUNCIL! OMMITTEE P"I'd Hrrifn�e, %.rriltit( 7'11l11Yr Any written or electronic submissions and background information for consideration by Council /Committee must be su Clerk by 4:30 pm on the Wednesday of the week prior to the mitted to the preferred meeting. Electronic submissions should be sub Microsoft PowerPoint /Microsoft Word format. fitted in Preferred Meeting and Date: re t c I(e! AC—C— (QGr — U ® U 1 I am requesting deputation to speak: a) ❑ on my own behalf, or b) Y on behalf of a group / organization / association, if b), please state name of group/ organization /association belo v. i would like to use: 101--- rojector P /laptop Name(s) of Speaker(s) A deputation wishing to appear before Council /Committee shall be limited to no more than t with a total speaking time of not more than ten (10) minutes. o (2) speakers Subject of Presentation Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Towns determine its content and to assess its relative priority to other ip a means to requests for presentation. Weight will be given to those provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns Mandate. requests that with Council's Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to any electronic the accordance with the guidelines for Deputations /Delegations outlined in the Township's Procedural By -few. Clerk's Office in Ir rrn ek- v,\ e 11 � 4 s r {��V ]. I i Reason why this presentation is important to Council and to the municipality: rn ee tr �.�. E }r �h 'rc) M c 0t_ -fie C f(c) nwru5l^n p dV,,e_ C�Ire..�_ a• .� cv c _r ._ 4- ! ° Date of Request: Signature(s) of Speaker(s): Address: f22 ce_ +...7 � �, n.,(? �ro A ta-, Telephone: 1O ;7 Fax: rf e ca 5 : vv c o2 (fir Email: � � � +��(S • cam, Note: Additional material may be circulated / presented at the time of the deputation. Scheduling will be at the discretion and will be confirmed. There are no guarantees that by requesting a certain date(s) deputation be of the Clerk, your will accepted, as commitments may make it necessary to schedule an alternate date suggested by the Clerk. Prior PersonaV information on this fomiSis collected under:the legal authority of the Municipal Act, S.O. 2001, c.25 as amended. The inform and maintained for the purpose of creating. a'record that Is available to the general Public pursuant to Section 27 of the Municipal Freedo tion is coll]t,, of is colt and Protection of Privacy Act. ,Questions about this collection should be directed to the Clerk's Office, The Corporation of the_Township 148 Line 7 South, Box 100, Oro, Ontario, L0L 2X0. f Oro- Med 01/2011 Page 25 of 102 Martyrs Shrine NationaZShrine of the Canadian Martyrs HTSIAICOF COUNTY Tmu,s mumiiia eta f9 & Gmenwa3s 7Z4 4 -FY4,�W! Permanent Pilgrimage Routes in Simcoe County To the Marivrs'Shrine N O O O N ao v 0 0 0 0 CQ CD O v N CD v O O N iairnrtiaH"r SIMCOE COUNTY TRAIDS Tr�i�� � �reernuays ,� �� Simcoe County Trails has a Trillium grant until June 2014 to pay salary of a project manager to: • Establish permanent pilgrimage routes to the Martyrs' Shrine in Midland from various locations in Simcoe County. — Negotiate creation of routes with the Trail owners. — Research accommodation along the routes. — Hire summer students to mark the route (and maintain as needed). — Create maps and promotional brochure of the routes. — Promote the pilgrimage routes. PO 0 6 0 a) CD T 0 0 CQ CD O v N OD O O N Martyrs Shrine • Martyr's Shrine: — is THE National Shrine of Canada — Already organize pilgrimages annually to Midland from Burlington, Guelph, Toronto, etc. — Very enthusiastic about concept of permanent pilgrimage routes, preferably off -road • Provided letter of support for route negotiations with landowners • Agreed to: — develop a design for the logo and wayfinding — help with promotion & fundraising — identify suitable accommodations — track pilgrim arrivals — issue Certificate of Completion — celebrate arrival mass Oo v O 6 O v M. T I CQ CD 0 N cD O O N Advantages of a Permanent Pilgrimage Route • Anyone can do the pilgrimage: — any time of the year — on their own, with family or friends, or as a parish or group • Provides a safer off -road alternative vs. busy roads • Bring tourism $$ to the region • And provide a quieter environment for meditation, reflection, prayer, etc. W 0 0 0 3 M. CD O CD CQ CD 0 v W 0 0 0 N Modern -day pilgrimages • Thousands of pilgrims and other travellers set out each year to make their way to a pilgrimage destination like Santiago de Compostela (El Camino, in Spain). • They complete the entire route, or just a section. • Most travel by foot, some by bicycle, a few travel on horseback or by donkey (as they did in the middle ages). • People undertake a pilgrimage for: — religious reasons, — non - religious reasons: to travel, learn about culture, meet other people or for the challenge of traversing a foreign land for many days or weeks. • The pilgrimage can also act as a retreat from the hustle and bustle of modern life. 0 0 0 CD T 0 O v W O 0 N A Canadian Camino, built in the image of the Spanish "El Camino" • Long distance route, preferably off -road • Marked along the way with a permanent trail marker (perhaps similar to the Camino's sea shell) & j ti � 4 Y m 00 CD0 0 v 0 cn CD 0 v W N O O N Wayfinding on the Camino Mai& The Scallop shell, often found on the shores in Galicia, has long been the symbol of the Camino de Santiago. Over the centuries the scallop shell has taken on mythical, metaphorical and practical meanings, even if its relevance may actually derive from the desire of pilgrims to take home a souvenir. In addition to the shells, yellow arrows indicate the Way of St. James (El Camino de Compostella) 160 O O O a) n M. W T 0 v CQ CD 0 v W W 0 0 N Accommodations • Pilgrims require overnight accommodation every 25 — 35 km along the way — Hostels (refugios or albergues) — Bed & breakfasts — Parishes — Hotels — Camping • Pilgrims must have a stamped passport to access accommodations • Fee has to be affordable: in Spain between $7.50 and $10 per night per bed in a dormitory, or voluntary donation (North American fee may be slightly higher) • One night limit and leave by 8 AM. • Hostels may be run by the local parish, the local council, private owners, pilgrims' associations, women's league, etc. 0 6 0 v C 0 0 O ^W a� GJ O h 0 N Pilgrim's Passport • can be purchased for a few $$ from a parish, church or tourist agency • provides access to inexpensive, sometimes free, overnight accommodation in hostels and parishes along the way • stamped with an official stamp by official hostels, church, municipality, tourism office, or alternatively, at a self - service station • serves as a record of where the pilgrim ate or slept • proof to the Martyr's Shrine staff that the journey was accomplished along an official route rP PJr`A 4 ftv ep —40 Iw•1 5_ .,5� y' 00 0 6 0 W M. CD O CD CD 0 v W O 0 N Certificate of Accomplishment • Given to pilgrims on completing the pilgrimage. • To earn it, in Spain, one needs to walk a minimum of 100 km or cycle at least 200 km. • The pilgrim passport is examined for stamps and dates. • If a key stamp is missing, the certificate may be refused. • The pilgrim can state whether the goal was: — 'religious', 'religious and other`: certificate issued in Latin — 'other`: certificate issued in English The Pilgrim Office of Santiago awards more than 100,000 Certificates, called Compostelas, a year to pilgrims from over 100 countries. 00 0 0 0 T I O 0 v 0 W 0 0 N Pilgrim's Mass • Held at the Martyr's Shrine, upon arrival of the pilgrims. • Pilgrims have the starting location of their pilgrimage (and possibly country of origin) announced at the Mass. • In Spain, the musical and visual highlight of the Mass is the synchronisation of the beautiful "Hymn to Santiago" with the spectacular swinging of the huge Botafumeiro, the famous thurible kept in the cathedral. Incense is burned in this swinging "incensory" May be we can come up with a similar spectacle? • Priests administer confession 00 v 0 6 0 a) M. C v v T 0 CD v v CD 0 Pilgrimage Routes for Tourism • Pilgrims also bring tourism benefits to the area (local shopping, eating, accommodations, souvenirs, etc.) • Tourism Simcoe County is supporting this initiative. • Adjacent table details numbers of pilgrims arriving at the cathedral at Santiago each year as per the cathedral's records. v cn CD w 0 0 N 15 10c" Pilgrims finishing the Camino 1985 -2011 Green bars are holy years 00 0 6 0 a) -n M. C a T I O CD 0 v v cn CD 0 v W OD O O N Proposed Pilgrimage Route Westerly Route Midland, Penetanguishene, Elmvale, Barrie • 87 km, 9 landowners • 99% off road using existing railtrails (Midland and Penetanguishene Waterfront Trails, Tiny Trail, North Simcoe Railtrail, Nine Mile Portage) • SCT can provide $5 million liability Insurance Certificate to landowner as Named Insured. • So far, negotiated successful landowner permissions with Town of Midland, Georgian Bay Islands National Park, and expect permission from Huronia Historical Parks next • Contacting Twp of Tiny & Springwater, and City of Barrie next • Should have off -road extension to Tottenham by 2014 0 6 0 W M. C T O C CD 0 v W O 0 N Proposed Pilgrimage Routes Easterly Route: Midland, St. Louis, St. Ignace II, Waubaushene, Coldwater, Orillia, Barrie • 99% off road: — Tay Shore Trail — snowmobile trail on abandoned railway — Severn's new and existing sections of Uhthoff Trail — City of Orillia Trails — Lake Country Oro Medonte Railtrail — Barrie's Waterfront Trail — with possible spur to Ramara and to — Chippewas of Rama First Nation. • approx. 100 km • St. Louis and St. Ignage II are also pilgrimage sites 0 6 0 Q) T 0 O v O O O N Next steps for the Canadian Camino — Confirm routes, initially in Simcoe County only — Naming of the route(s): Canadian Camino? — Provide design for logo and wayfinding — Provide input into brochure content — Promote routes to church communities — Set up tracking mechanism and admin process to track pilgrims arriving via pilgrimage route and issuing of passports, stamps and certificates — Locate overnight accommodations (parishes, B &B, camping, etc.) — Fundraise for signage — Promote to adjacent regions 00 0 0 0 CD 0 0 CQ O 0 N Q &A? �4 I '/ -� -tip. �. •��_ pill- sa �t y. For more information contact Frieda Baldwin, SCT Project Manager, infoC@simcoecountytrails.net John Zurakowski, Martyrs' Shrine, Asst. Director, izurakowski(c�rogers.com 00 CD O -n M. CD _0 CD C7 r-r CQ CD 0 v 10.a) Report No. TES2013 -17, re: Jerry Ball, Director of Tra... REPORT n�f ot� Proud Heritage, Exciting Future Report No. TES2013 -17 To: COUNCIL Prepared By: Lisa McNiven Meeting Date: October 2, 2013 Subject: REPLACEMENT OF EXISTING SIDEWALKS IN HAWKESTONE Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only 1. THAT Report No. TES2013 -17 be received and adopted. 2. THAT Transportation Services remove the existing sidewalks, then top soil and sod, on Line 11 South and on Mill Street, in 2013. 3. THAT Transportation Services install a Concrete Sidewalk on the East side of Line 11 South in the same location as the existing sidewalk in 2014, under Capital projects. 4. THAT Transportation Services provide winter maintenance of the sidewalk in Hawkestone, starting in the fall of 2014. 5. AND THAT the Director of Transportation and Environmental Services notify the residents, whose properties abutting the existing sidewalks, of Council's decision. BACKGROUND: The Township of Oro - Medonte has numerous sections of sidewalk sporadically located in hamlets across the Municipality. The usage of each sidewalk is different; they vary in widths, and are either constructed of asphalt or concrete. An inventory, and condition, was given to the existing sidewalks throughout the municipality. Report TES2011 -06 outlined the existing condition of the sidewalk in Hawkestone as very poor. The report also outlined the Municipalities responsibilities as required by O.Reg 239/02, Minimum Maintenance Standards, under the Municipal Act. One June 12, 2013 a public open house was held in the village of Hawkestone to outline what options the Township was considering with regards to the existing sidewalk. The four options were as follows: A) Concrete Sidewalk on the East side of Line 11 South only Transportation and Environmental Services October 2, 2013 Report No. TES2013 -17 Page 1 of 4 Page 42 of 102 10.a) Report No. TES2013 -17, re: Jerry Ball, Director of Tra... B) Asphalt Sidewalk on the East side of Line 11 South only C) Asphalt Sidewalk on both sides of Line 11 South D) Concrete Sidewalks on both sides of Line 11 South As a result of the open house, seven (7) surveys were received from residents in Hawkestone. The results were as follows: Three (3) in favor of Concrete sidewalk on both sides One (1) in favor of Asphalt sidewalk on both sides Two (2) in favor of Asphalt sidewalk on the East Side of Line 11 S. only One (1) in favor of Concrete sidewalk on the East Side of Line 11 S. only ANALYSIS: Minimum Maintenance Standards for Municipal Highways, section 16.1 states: Sidewalk Surface Discontinuities 16.1 (1) The minimum standard for the frequency of inspecting sidewalks to check for surface discontinuity is once per calendar year, with each inspection taking place not more than 16 months from the previous inspection. O. Reg. 23/10, s. 10; O. Reg. 47/13, s. 16 (1). (1.1) A sidewalk that has been inspected in accordance with subsection (1) is deemed to be in a state of repair with respect to any surface discontinuity until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge of the presence of a surface discontinuity in excess of two centimeters. O. Reg. 47/13, s. 16 (2). (2) If a surface discontinuity on a sidewalk exceeds two centimetres, the minimum standard is to treat the surface discontinuity within 14 days after acquiring actual knowledge of the fact. O. Reg. 23/10, s. 10; O. Reg. 47/13, s. 16 (3). (2.1) A surface discontinuity on a sidewalk is deemed to be in a state of repair if it is less than or equal to two centimeters. O. Reg. 47/13, s. 16 (4). (3) For the purpose of subsection (2), treating a surface discontinuity on a sidewalk means taking reasonable measures to protect users of the sidewalk from the discontinuity, including making permanent or temporary repairs, alerting users' attention to the discontinuity or preventing access to the area of discontinuity. O. Reg. 23/10, s. 10. (4) In this section, "surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the surface of the sidewalk. O. Reg. 23/10, s. 10. As addressed in Report TES2011 -06, the Municipality needs to allocate funding as soon as possible to correct any surface discontinuities in the Hawkestone sidewalks. Failure to do so could result in a liability risk to the Municipality. Transportation and Environmental Services October 2, 2013 Report No. TES2013 -17 Page 2 of 4 Page 43 of 102 10.a) Report No. TES2013 -17, re: Jerry Ball, Director of Tra... Staff recommends that at a minimum, the sidewalk be removed in 2013 and be replaced with topsoil and sod until the new sidewalk can be installed, during the 2014 construction season. Staff recommends placing concrete sidewalks which can have a lifecycle of up to 75 years, as opposed to asphalt, which has a lifecycle of between 10 -20 years. The cost to replace the existing concrete sidewalks, on both sides of Line 11 South, and remove the existing sidewalk on Mill Street, is estimated at $110,000.00. The cost for the same option in Asphalt is estimated at $55,000. The cost estimate for concrete or asphalt, only on the East side, is $$60,000 and $36,000 respectively. There is currently no summer or winter maintenance on the sidewalks in Hawkestone. There is currently both summer and winter maintenance provided by the Township on sidewalks in the villages of Shanty Bay, Moonstone, and Craighurst. During the public meeting the issue of snowmobiles on the sidewalks was noted, which may be addressed through a by -law prohibiting the use of sidewalks by snowmobiles. The residents also expressed concern about the option of having residents provide snow clearing along their property frontage. In discussion with other Municipalities — having residents clear the sidewalks has some difficult enforcement issues, and in cases where there is negligence by the home owner with respect to winter maintenance, the Municipality will still be held liable as the sidewalk is part of the Municipal infrastructure. I FINANCIAL. I Capital funds would be required for the removal and replacement of the existing sidewalks in Hawkestone. Operational funds would also need to be included for 2014. The estimate is $8,500 per year for snow removal. POLICIES /LEGISLATION: Municipal Act Regulation 23/10, Minimum Maintenance Standards, CONSULTATIONS: Jerry Ball — Director, Transportation & Environmental Services ATTACHMENTS: Transportation and Environmental Services October 2, 2013 Report No. TES2013 -17 Page 3 of 4 Page 44 of 102 10.a) Report No. TES2013 -17, re: Jerry Ball, Director of Tra... None CONCLUSION: Sidewalks within the Municipality have become an issue due to increased usage and little maintenance. It is recommended to provide a concrete sidewalk on the East side of Line 11 South where the existing sidewalk is located, and that the existing portions of sidewalk on the West side of Line 11 South, and on Mill Street, be removed and re- seeded with grass. Respectfully submitted: Lisa McNiven, C.E.T., B.Sc., Manager of Transportation Services SMT Approval / Comments: I C.A.O. Approval l Comments: CA,(� I I I �� Transportation and Environmental Services Report No. TES2013 -17 ,ber 2, 2013 Page 4 of 4 Page 45 of 102 10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ... 7vwnship of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -059 Council Glenn White, Manager, Planning Special Projects Meeting Date: Subject: Motion # October 2, 2013 General Amendment to Zoning By -law 97 -95 (Township of Oro - Medonte) Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. DS2013 -059 be received and adopted. 2. THAT Zoning By -law Amendment By -law 2013 -179 for Township of Oro - Medonte, being a By -law to amend Zoning By -law 97 -95, as amended, is hereby further amended by providing general changes and updates to Sections 5.20.2.2, 5.32, 5.35, Section 6.0 "Structure ", Table A3, Table A4, remove the Holding (H) symbol from a number of roads now maintained by the Township and editorial text changes attached hereto and forming part of this By -law. 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. BACKGROUND: The purpose of this report is to consider a draft Zoning By -law proposed by the Township of Oro - Medonte to amend its By -law 97 -95, as amended. The draft amending Zoning By -law 2013 -179 will make minor changes and updates to sections of By -law 97 -95, as amended, regarding driveway width, setbacks from slopes, location of swimming pools, definition for structure, industrial permitted uses listed in Table A3, removing Home Industries use from Agricultural /Rural (A/RU) and Mineral Aggregate Resource Zones in Table A4, removing the Holding (H) symbol from properties located on roads which are now maintained by the Township, and also perform a number of editorial text changes including numbering and typographical changes necessary to update By -law 97 -95, as amended. Given this By -law will amend By -law 97 -95; the general provisions of this by -law will affect the whole Township of Oro - Medonte. DEVELOPMENT SERVICES October 2, 2013 Report No. DS2013 -059 Page 1 of Page 46 of 102 10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ... ANALYSIS: The original public meeting was held on June 26, 2006 to receive comments from members of the public and relevant agencies. Since that date and during the day to day usage of By -law 97 -95, planning staff have identified and confirmed that a number of general updates and changes were necessary to different Sections of the By -law 97- 95. Errors in tables which did not match text contained in the By -law were identified and minor spelling errors and numbering changes were also noted. The draft general changes and updates were determined necessary by planning staff to avoid mistakes in interpretation and provide consistent delivery of the Zoning By -law 97- 95. The draft By -law will correct errors and provide clearer interpretation to make the Zoning By -law more effective and easier to work with. The items proposed by the draft By -law will provide a concise Zoning By -law to better serve the citizens of Oro - Medonte. The draft By -law still meets the intent and spirit of the original Public meeting. The draft By -law is not to be confused with a conformity exercise. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Potential financial and legal implications should the decision of Council be appealed to the Ontario Municipal Board. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The draft By -law is intended to amend Zoning By -law 97 -95, as amended. By -law 97- 95 is a zoning by -law which is an implementation tool that implements the policies of the Official Plan. The draft By -law proposes minor changes to By -law 97 -95 and will still conform to the policies of the Official Plan. Zoning BV -law 97 -95: In June of 2006, the original Public meeting dealt with ten items of By -law 97 -95 which warranted consideration of change and update. One of the items discussed during the Public meeting was kennels. The kennel issue has since been considered by Council by the passing of By -law 2012 -164. Another item considered was wind generation which is now regulated by the Province of Ontario and not by the Township of Oro - Medonte. The other eight original items are now further considered by the draft By -law 2013 -179 and are reviewed below. Fences: Originally, staff noted that a fence was not clearly addressed by the Zoning By -law. By -law 97 -95 contains no separate section for fencing and was only addressed in the definition of structure. If a fence had a height of 1.8 metres (5.9 feet) or less it was deemed not to be a structure. Therefore, a fence higher than 1.8 metres DEVELOPMENT SERVICES October 2, 2013 Report No. DS2013 -059 Page 2 of g' Page 47 of 102 10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ... was considered to be a structure and had to comply with the setback for an accessory structure (2.0m from rear and interior side yard). The 1.8 metre height did not meet the normal 6.0 foot height fence landowners want to build. Staff is now proposing to delete the reference to a fence in the definition of structure so landowners can build a 6 foot high fence on their property without a setback being applied. Accessory Outdoor Storaae: The existing Table A3 — Industrial Zones Permitted Use does not list "Accessory Outdoor Storage" as a permitted despite Section 5.3 containing criteria for its location. The draft by -law adds "Accessory Outdoor Storage" as a permitted use in Rural Industrial (IR) and Economic Development (ED) zones as indicated in Section 5.3 of By -law 97 -95. Swimming Pools: Swimming pools are permitted in any Zone provided they are not located in the required front or exterior side yards. However, this provision does not accommodate properties zoned Agricultural /Rural (A/RU) Zone with large front yards and a dwelling setback several hundred metres from the road with farming activity to the rear of the dwelling. The farming activity in the rear yard does not provide the proper atmosphere to have a family pool in this location. The draft By -law proposes to permit swimming pools in the front yard of an Agricultural /Rural (A/RU) Zone provided the pool is located on a lot which has a minimum lot area of 2.0 ha and minimum setback of 8.0m. The lot area and setback provides a sufficient sized yard for the pool activity to occur in and sufficient distance and separation away from the road and travelling public. Residential Limited Service (RLS) Zone: The Residential Limited Service (RLS) Zone applies to lands that are not directly accessed by a municipal road. By -law 97 -95 placed a Holding (H) Zone on properties which front onto private roads. Since By -law 97 -95 was passed by Council a number of private roads are now maintained by the Township but the Zoning schedules have not removed the Holding (H) Zone from these properties. The draft By -law contain a list of roads which are now maintained by the Township of Oro - Medonte and Holding (H) Zone symbol are proposed to be removed. At a future public meeting, these properties will be proposed to be zoned the same as the surrounding properties (i.e. Shoreline Residential (SR) Zone) and a zone that is consistent with fronting onto a maintained Township road. The rezoning of these properties at this time, without a new public meeting, would go beyond the intent of the original public meeting held in 2006. Home Industries: The Township's Official Plan has policies to deal with proposed Home Industries on a site - specific basis by individual Zoning By -law Amendment applications. The Official Plan gives Council criteria to assess the proposed home industrial on its own merits and locational impact on abutting properties. By -law 97 -95 presently permits home industries in an Agricultural /Rural (A/RU) Zone and a Mineral Aggregate Resource Two (MAR2) Zone. The draft By -law proposes to remove home industries as a permitted use in these zones. This would then conform to the policies of the Official Plan. Setback from Slopes: By -law 97 -95 requires a structure to be setback 23 metres (75ft) of a slope or embankment that exceeds 33% or 3 to 1. In the past, planning staff had concerns regarding consistent interpretation of this zoning provision. The draft By- law proposes to add the words "of the top -of -bank after 23 metres and deleting the "3 to ill. DEVELOPMENT SERVICES October 2, 2013 Report No. DS2013 -059 Page 3 of Page 48 of 102 10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ... The draft By -law also added the following "Be advised that if the slope is located in a registered Plan of Subdivision where the overall lot grading of the subdivision was approved by the Township Engineer, the 23 metre setback from the top -of -bank of a slope or embankment that exceeds 33% does not apply." Since the grading would be reviewed by the Township Engineer, any concerns with grading on or abutting a slope would be addressed at the grading review stage and not be necessary in the Zoning By- law. Width of driveways leading to a parking area or a lot: By -law 97 -95 presently requires a minimum driveway width of 6.0 metres for one -way traffic and a minimum of 12.0 metres width for two -way traffic. This is the requirement for driveways leading to commercial or industrial parking areas. This is not an up -to -date standard for these types of driveways. The draft by -law proposes 3.6 metres in width for one -way and 6.7 metres in width for two -way traffic. This new proposed standard is similar to standards contained in surrounding municipal zoning by -laws. Editorial Changes: There are a number of minor editorial /text mistakes contained in the existing By -law 97 -95. The draft by -law proposes a number of changes /corrections which would not impact or change the intent or meaning of the Zoning By -law. County Official Plan The draft By -law proposes minor changes and updates to By -law 97 -95 which implements the policies of the Official Plan and therefore is consistent with the County of Simcoe Official Plan. It is the opinion of planning staff that the draft By -law conforms to the policies of the County's Official Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The draft By -law proposes minor changes and updates to By -law 97 -95 which implements the policies of the Official Plan and therefore is consistent with the Provincial Policy Statement, 2005. Places to Grow The proposed By -law changes are considered to conform to the intent of the Official Plan for the Township and maintained the general intent of the Township's Zoning By- law. The draft By -law is therefore considered to maintain the general intent of the Province's Growth Plan. CORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character DEVELOPMENT SERVICES October 2, 2013 Report No. DS2013 -059 Page 4 of Page 49 of 102 10.b) Report No. DS2013 -059, Glenn White, Manager, Planning ... Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. CONSULTATIONS: Director, Transportation and Environmental Services ATTACHMENTS: N/A I CONCLUSION: I The draft By -law 2013 -179 will correct errors and provide clearer provisions to make the Zoning By -law 97 -95 more effective and easier to work with. The items proposed by the draft By -law will provide a concise Zoning By -law to better serve the citizens of Oro - Medonte. The draft By -law still meets the intent and sprit of the original Public meeting. The draft By -law is not to be confused with a conformity exercise. In the future, there will be other items /provisions of By -law 97 -95 that Planning staff will be proposing to address and recommend changes too. These additional zoning provisions will require a future Public meeting as they were not part of the above noted June 26, 2006 public meeting. The changes proposed by draft By -law 2013 -179 will be in the spirit of minor changes to make a Zoning By -law that is more effective and easier to work with. On this basis, it is recommended that draft Zoning By -law Amendment By -law 2013 -179 be approved by Council. Respectfully submitted: Glenn White, MCIP, RPP Manager, Planning Special Projects SMT Approval / Comments: I C.A.O. Approval / Comments: DEVELOPMENT SERVICES October 2, 2013 Report No. DS2013 -059 Page 5 of tj Page 50 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... Township of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: CS2013 -19 Council Doug Irwin, Janette Teeter, Marie Brissette, Jen Jerme Meeting Date: Subject: Motion # October 2, 2013 2014 Municipal Election Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action X For Information Only It is recommended that: 1. Report No. 2013 -19 be received and adopted. 2. That the 2014 Municipal Election be conducted utilizing a "vote anywhere" principle with a traditional paper ballot and vote tabulation equipment. 3. That staff proceed to select an appropriate vendor. 4. And That the necessary by -laws for Vote Tabulation Equipment be brought forward for Council's consideration. BACKGROUND: Municipal Clerks must ensure that elections are established which adhere to the following principles of the Municipal Elections Act • The secrecy and confidentiality of the voting process is paramount; • The election shall be fair and non - biased; • The election shall be accessible to the voters; • The integrity of the process shall be maintained throughout the election; • There is certainty that the results of the election reflect the votes cast; • Voters and candidates shall be treated fairly and consistently; and • The proper majority vote governs by ensuring that valid votes be counted and invalid votes be rejected so far as reasonably possible. Corporate Services — Clerk's Office October 2, 2013 Report No. CS2013 -19 Page 1 of 7 Page 51 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... Since the Municipal Elections Act, 1996 was enacted, a variety of "alternative" voting methods have been deployed by many municipalities within Ontario. In many cases, multiple "alternative methods" are used in the same election. The reasons for this are strongly based on improved convenience, greater accessibility and the opportunity for increased voter turnout. This report will present Council with an examination of the Township's election process, identify current alternative methods of voting and vote counting used throughout the Province and outline proposed enhancements for the Township's 2014 Municipal Election. F; ____1 A very brief explanation of the various types of voting and vote counting methods being utilized by municipalities in Ontario are outlined below. The voting and vote counting methods can be used independently or a combination of methods can be implemented for Advance Votes and /or on Election Day. Relative to each method, attached, is an excerpt from the 2013 AMCTO Annual Conference -2014 Election Preparation Workshop outlining some of the most common pros /cons and comments. Traditional Paper Ballot - This method is the traditional method of voting which has been utilized to -date in the Township of Oro - Medonte. Each eligible voter attends the voting location, they are provided a paper ballot which he /she marks, the ballot is folded and placed in a ballot box to be counted at the close of voting on Election Day. Traditional Manual Count - At the conclusion of voting on Election Day, the ballot boxes are opened by the respective DRO and the ballots are manually counted. Vote Tabulation Equipment - This equipment is an enhancement of the manual counting method. At the voting location, each voter is given a paper ballot to mark in the traditional manner. After marking the ballot, the elector places their ballot in a secrecy folder /envelope and returns it to an election official who feeds the ballot into the tabulator. The tabulator counts and records all valid marks on the ballot, then the ballot is secured in a sealed ballot box. The equipment can be programmed to return a ballot to the elector if they have incorrectly marked their ballot or under /over voted a race. This gives the elector the opportunity to correct their ballot, if they so desire. Vote by Mail - All eligible voters are mailed a "vote -by- mail" kit which includes voting instruction sheet, composite ballot, ballot secrecy envelope, voter declaration form, outer return envelope (prepaid postage) and additional material as the Clerk determines. The vote -by -mail kit is completed and returned to the Clerk's Office for processing, either manual or tabulator count, on Election night. Corporate Services — Clerk's Office October 2, 2013 Report No. CS2013 -19 Page 2 of 7 Page 52 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... Vote by Telephone — The vendor providing the telephone voting system to the municipality generates and provides the municipality with a list of identification numbers that are matched to the names and addresses of the eligible electors on the Voters' List. All eligible electors receive a voter information package in the mail containing their respective identification number and confirmation number, the phone number to call to place their vote, voting instructions, a list of the candidates and the Help Centre phone number should they require assistance. Results are tabulated electronically through the vendor, at the conclusion of voting. Internet Voting — Voting via the internet is the most recent alternative method of voting available. There is a preliminary registration process by which the elector must enlist or register. An ID number is sent to every elector on the Voter Notification Cards and must be used to register prior to Internet Voting. The voting process requires the registered voter to log on to the designated site, use the ID number sent to them in a second mail out as well as answer a personal question selected during the registration process. Results are tabulated electronically through the vendor, at the conclusion of voting. Touch Screen Voting — With this method, the ballots are electronic and are only displayed on the touch screen voting unit. The results are stored electronically on a memory card and then transferred either by modem or uploaded from the memory card to the central processing unit. Results are tabulated electronically by election staff. Due to the cost, significant change in process and historic demographics of the communities throughout the Township, staff, at this time, recommend that Vote by Mail, Vote by Telephone, Internet Voting and Touch Screen Voting not be considered for the 2014 Municipal Election. Election Process The Township of Oro - Medonte has continued to use a traditional paper ballot and manual count for Municipal Elections. The Advance Vote Days have been held using a "vote anywhere" principle, wherein a voter could attend one of the Advance Vote locations and cast their ballot for their applicable ward and the other races on the ballot. On Election Day, voters must attend a specified vote location within their ward in order to cast their ballots, and the ballots are limited to the ward that the vote location is in. In the 2003 and 2006 municipal Elections, one Advance Vote Day was held at two locations on the same day, being a Saturday. This provided two locations on one day. Corporate Services — Clerk's Office October 2, 2013 Report No. CS2013 -19 Page 3 of 7 Page 53 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... For the 2010 Election, Advance Vote Days were expanded and included two locations per day (one in the northern and one in the southern portions of the Township) for three consecutive days. This provided a "vote anywhere" in the municipality at any of the six locations throughout the Township from 10:00 a.m. to 8:00 p.m. during two week days and one weekend day. Each Advance Vote Day location was rotated to a different venue in order to provide increased convenience to electors. The electors had the option to utilize the Advance Vote locations if they had concerns regarding the use of religious venues on Election Day. Enhancing the number of Advance Vote Days was deemed to be successful. For the 2010 Municipal Election, staff implemented the use of an electronic Voters' List, using laptops at each vote location. This enabled election staff to electronically add /amend /strike off electors. Accordingly, there were three workers per vote location: one worker was dedicated for additions /amendments/ printing voter notification cards, one worker was dedicated to striking off the elector's name by using barcode scanners and assisting the DRO, and the DRO was dedicated to the management of the vote location. In the event of a lost connection with the Internet, offline Voters' List management was available. The entire process allowed for quicker processing of electors with voter notification cards, increased accuracy of the Voters' List, and for staff at the Administration Office to view the voter turnout and amendments to the Voters' List in real time. From the comments received from voters and election staff, the community positively embraced the increased use of technology during the 2010 Municipal Election. The following election statistics are provided for Council's information: Year Eligible Electors Voted Turnout 2010 16,972 5,667 33.39 % 2006 16,806 6,336 37% 2003 17,668 4,574 24% Voter turnout can be affected by a number of issues: - Lack of a full ballot— some members acclaimed - Controversial issues of the day - Inclement weather - Voter apathy In 2003, both the Mayor and Deputy Mayor were acclaimed. The decrease in Eligible Electors in 2006 was due to the removal of the Unconfirmed Citizenship electors that had previously been included on the Voters' List. Section 12.1(1) of the Municipal Elections Act identifies that a clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. Section 45 of the Act states that the clerk shall establish the number and location of voting places for an election as he or she considers most convenient for the electors, and in establishing the locations of voting places, the clerk shall ensure that each voting place is accessible to electors with disabilities. Corporate Services — Clerk's Office October 2, 2013 Report No. CS2013 -19 Page 4 of 7 Page 54 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... In Report No. CS2010 -28, received by Council at its meeting of December 8, 2010, staff indicated that they were mindful that additional accessibility requirements will be identified /legislated prior to the 2014 Municipal Election. At this time, staff are awaiting identification of additional accessibility requirements that may be necessary for the Election. The report also noted that the 2010 voter notification cards stated that "some locations may not be fully accessible. Should you have questions regarding the vote location you are planning to attend, please contact the Clerk's Department." There are a limited number of suitable facilities within the Township which can be utilized for election purposes and would be deemed to be fully accessible. Staff will be reporting back to Council in the first half of 2014 with respect to Advance Vote dates and times, pursuant to Section 43(1) of the Municipal Elections Act. Staff will also be reporting back to identify the vote locations established by the Clerk for the 2014 Election. 2014 Election Process Recognizing the social aspects of a traditional vote location and the community's familiarity with the Township's past Municipal Elections, the Clerk will be using a traditional paper ballot for the 2014 Municipal Election. To provide greater convenience to the electors, to address concerns over the use of certain types of buildings as vote locations, and to continue to enhance the Township's process, the Clerk will be implementing a "vote anywhere" principle on Election Day. In order to implement a "vote anywhere" principle on Election Day, it is necessary for Council to enact a by -law authorizing the use of vote tabulators, in accordance with the Municipal Elections Act. Section 42(1) of the Municipal Elections Act identifies that the council of a local municipality may pass by -laws authorizing the use of voting and vote - counting equipment such as voting machines, voting records or optical scanning vote tabulators. The benefits of tabulators are as follows: • Tabulators read and count each and every ballot in the same manner, either accepting or rejecting the ballots based on their markings and maintains the same level of accuracy. This is an "unbiased" method of counting. • Reduced staff hours for counting the ballots. • Security of the vote ensured /continued monitoring by election staff. • Early results on election night. • Reduced paperwork at the voting locations /Administration Office. • Less stress for election staff after a long day of voting. • In the event of a recount, administration staff would conduct the recount with the tabulators. Corporate Services — Clerk's Office Report No. CS2013 -19 October 2, 2013 Page 5 of 7 Page 55 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... Section 42(3) of the Municipal Elections Act provides that the Clerk shall establish procedures and forms for the use of any voting and vote - counting equipment authorized by by -law and any alternative voting method authorized by by -law. The move to a "vote anywhere" principle, with the use of tabulators, will assist in ensuring that the Township is able to accommodate electors with a disability the opportunity to attend a vote location that meets their accessibility requirements, while allowing electors who have concerns of entering a religious facility for voting, the opportunity to attend another vote location. This change may increase the community spirit in the democratic process by enabling the elector to attend a vote location that is of their choosing and convenient to them. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: An annual allocation is made to a reserve for elections costs so that the financial impact of holding the election is level from year to year. The allocation for the 2014 Municipal Election is $60,000.00. Staff will be reviewing options in an effort to accommodate the cost of vote tabulators within the existing allocation. There are implications and risks of moving to alternative voting methods in subsequent elections. POLICIES /LEGISLATION: • Municipal Elections Act, 1996, as amended • Accessibility for Ontarians with Disabilities Act, 2005 — Regulation 429/07 — Accessibility Standards for Customer Service • Township of Oro - Medonte's Customer Service — Visions and Values • Township Policy #POL- AODA -01, Accessibility Standards for Customer Service CORPORATE STRATEGIC GOALS: • Quality of Life o Providing opportunities that encourage community participation • Service Excellence o Enhance communication with residents o Assess each department's delivery of services and identify any requirements for improvements • Financial Stewardship o Find savings and efficiencies • Employer of Choice o Enhance internal communication and team - building practices Corporate Services — Clerk's Office October 2, 2013 Report No. CS2013 -19 Page 6 of 7 Page 56 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... CONSULTATIONS: • Area municipalities ATTACHMENTS: a Vote Method Comparison Chart CONCLUSION: The implementation of a "vote anywhere" principle on Election Day, as well as Advanced Vote Days, with the use of vote tabulators will provide voters with a number of options and opportunities to cast their ballot, assist the Township in meeting accessibility requirements, and is the next enhancement in the use of technology for the Municipal Election in the Township. Staff are committed to an efficient, transparent and secure method of voting and believe that a "vote anywhere" principle with vote tabulators is the next logical step in improving the Township's voting process. Staff believe that enhancements to be made to the Election process will result in promoting accessible voting opportunities and the supply of timely election night results. Respectfully submitted: G7 q I Janette Teeter Marie Brissette Jen Jermey of Corporate Deputy Committee Records /Clerk Clerk Co- ordinator Clerk SMT Approval / Comments: I C.A.O. Approval / Comments: Corporate Services — Clerk's Office October 2, 2013 Report No. CS2013 -19 Page 7 of 7 Page 57 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... 2M 1sas zou TRADITIONAL PAPER COUNT nNsnrev Pros Cons Comments -Traditional voting • Electors required to go to voting -Accuracy of count - •AII ballots counted location (subjective) at 1 location • Labour intensive - additional -Slow/Late results -Audit volume of voting locations /support -Scrutinizing of voting and trail /provision for staff counting recount • Ballots cannot be counted until 8 • Can be difficult to staff • Fewer voting p.m. purchase or lease locations /election workers -Votes counted by hand - accuracy • Secrecy folders • Earlier election night results may be questioned provided to elector for -Audit trail for recount -Training on counting of ballots privacy of the vote isaz — zm.: AMCTO 75th AGM - June 2013 VOTE TABULATION EQUIPMENT- __ CENTRAL COUNT Pros Cons Comments -No manual counting -Electors attend voting location •Check /Test ballots • Permits scrutinizing of to cast votes provided by vendor voting location processes - • Uncounted ballots transported carefully not the counting except to central count • Mark with special duplication process (re -mark • More labour intensive than type of pen /marker? of ballots) voting location count, less than -Available for either • Fewer voting a paper ballot purchase or lease locations /election workers • Results not available at voting • Secrecy folders • Earlier election night results location provided to elector for -Audit trail for recount • Space to store machines privacy of the vote • Similar to traditional voting • Election Day - large secure • Settings - vote mark -All ballots counted at 1 space required to tabulate tolerance, accept or location ballots/ accommodate election reject an undervote staff, ballots and scrutineers /overvote /blank ballot. AMCTO 75th AGM - June 2013 Page 58 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... r VOTE TABULATION EQUIPMENT- 1938 - 20U VOTING PLACE Pros Cons Comments • Eliminates manual counting • Electors must go • Check/Test ballots • Permits scrutinizing of voting location to the voting provided by vendor processes - not the counting location to cast carefully -Voting location results can be printed for votes -Available for either scrutineers • Require space to purchase or lease • Fewer voting locations /election workers store /prepare • Secrecy folders • Early election night results equipment for provided to elector • System can be programmed to tell elector Election Day for privacy of vote about over /under voted /cast a blank ballot - time • Settings - vote opportunity to re -mark a new ballot - no -Labour intensive mark tolerance, spoiled ballots -Roles of candidates/ accept or reject an -Audit trail /provision for recount scrutineers change undervote -Similar to traditional voting •S oiling of ballots /overvote /blank ballot AMCTO 75th AGM - June 2013 aWf MAIL IN WITH MANUAL COUNT Pros Cons Comments *Anytime, anywhere voting -Unsupervised voting • Need accurate VL & revision during the voting period -Voting kit may be stolen process (longer period) -Ballots counted after 8 • Exposure to mail disruption • No traditional advance p.m. by hand - final results -Potential increase in turnout voting/ proxies late, accuracy concerns -Voting kit components, Kits -Audit trail for recount •CP mail out with ballot sent 1st class & business reply -No voting locations - must be accurate & for return ballots reduced staffing returned ballots rec'd on -Require program to remove -Elector may drop off ballot time names from VL as returns rec'd to central location -Labour intensive -Discuss timely delivery of -Roles of candidates/ envelopes with CP scrutineers change -Kits produced by system •S oiling of ballots provider AMCTO 75th AGM - June 2013 Page 59 of 102 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... MAIL IN WITH TABULATION Pros Cons Comments -Accurate count -Unsupervised voting •Need accurate VL & revision -No voting locations - -Voting kit may be process reduced staffing stolen • Exposure to mail disruption • Elector may drop off ballot to • CP mail out with • Potential increase voter turnout central location ballot must be • Kits sent 1 st class & business -Anytime, anywhere voting accurate & returned reply for return ballots during voting period (longer) ballots rec'd on time . Discuss timely delivery of • No advance voting /proxies • Ballot marked with a envelopes with CP -Audit trail for recount pen /pencil tabulator -Require program to remove • Feed ballots as rec'd - will read names from VL as returns rec'd tabulation in central location, *Roles of candidates/ .Consider receiving locations on but no totals til after 8 - quick scrutineers change Election Day results -Spoiling of ballots -Kits produced by rovider AMCTO 75th AGM - June 2013 INTERNET Pros Cons Comments .Accurate count -Perception of vulnerability -Access to computers -alt. • No voting locations - - hacking voting location reduced staffing • Unsupervised voting • If VL networked at the -Anytime, anywhere voting -Voter card may be stolen voting locations, internet during the voting period - • Roles of candidates / could be used right up to & longer scrutineers change including Election Day • No traditional advance -Not everybody will be •VL must be accurate voting /proxies able to vote over the • Due diligence - security, • Results 10 -20 min. after 8 Internet - computer use of technology may be p.m. speed & security level required • No over votes • Exposure to mail disruption -Audit trail (PINs)? AMCTO 75th AGM - June 2013 Page 60 of 102 N+nmasrW 99'8 -2013 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... TELEPHONE Pros Cons Comments -Accurate count • System maybe perceived • Due diligence— call volume on -Easier access as vulnerable to hackers Election Day, hacking -Anytime, anywhere -Unsupervised voting — •VL must be accurate voting during the dependent upon voters' -Avg time to vote is impacted by voting period list accuracy # of races /candidates /question • No traditional advance • Voter card maybe stolen • Elector cannot see names of voting /proxies and get into another candidates — electors • Results within 10 -20 person's hand (mail fraud) encouraged to keep voter info. min. on Election Day • Long distance charges — pkg /list of candidates after 8p.m. (1 -800) -Exposure to mail disruption • No subjectivity relating • Roles of candidates / (PINs)? to count/recount scrutineers change -Elector cannot see names of • No overvote candidates — electors encouraged AMCTO 75th AGM - June 2013 COMBINED - INTERNET AND f',93-8-2013Y TELEPHONE Pros Cons Comments -Accurate count -System may be -Access to computers -Anytime, anywhere perceived as • Due diligence — call volume, voting during the voting vulnerable to hackers security of system period • Unsupervised voting • If VL networked at voting location, -No advance -Voter card may be internet could be used Election voting /proxies stolen Day • Quick results after • Long distance charges • List must be accurate 8p.m. (1 -800) number -Provide alternate locations for • No voting locations - • Role of the candidates electors to vote staffing requirements / scrutineers change •Avg time to vote is impacted by # • No over votes of races /candidates /question -No subjectivity relating -Elector cannot see names of to count/recount candidates — electors encouraged to keep voter info. pkg /list of candidates AMCTO 75th AGM - June 2013 Page 61 of 102 ,938 -2013 10.c) Report No. CS2013 -19, Doug Irwin, Director of Corporat... TOUCH SCREEN Pros Cons Comments -Accurate count -Costly to provide enough -Test equipment /programming -No over votes (rejected touch screens to eliminate carefully ballots) /warns on voting line -ups • Set up of the voting location undervote or blank ballot • Need to sufficient backup - outlets, trip hazards, • Larger ballot text equipment or other voting screen glare /reflection size /audio ballot/ easier to options • Conduct a voter awareness mark a ballot • Electors may leave voting campaign - pre - election • Early election night results screen before casting vote - demos on use of equipment • Election results available process management is vital -Available to purchase or at the voting locations • Pre - voting day prep lease • Reduce election staff - May generate negative media • Concerns re paper trail -Convenience for electors if attention, potentially combined with vote discouraging voters anywhere ,ssa -2013 AMCTO 75th AGM - June 2013 ON -LINE VOTERS' LIST Pros Cons Comments • Facilitates vote anywhere -Training of staff • Lends itself well to • Identifies potential • Amendments to VL - revision submission to duplicates, address errors paper transcribed into MPAC -Speeds up voter database • Request increased processing, if used with -Could be viewed as VL frequency of back up if scanner /bar code of VNC after election if used live/ availability of • Utilized to record returned maintained between paper in case of loss of declaration forms for mail elections power in -Adequate power -Facilitates voter look up supply /internet (on VL or not) connection - if live AMCTO 75th AGM - June 2013 Page 62 of 102 v W 0 0 N 0 Township of Prond HerittWe, Excithig Future THANKSGIVING HOLIDAY OFFICE CLOSURE The Township of Oro - Medonte offices will be closed on Monday, October 14th in recognition of the Thanksgiving Holiday. The offices will re -open on Tuesday, October 15th for regular business hours. We wish all residents and visitors a safe and happy long weekend. N D 0 Cn 0 I 0 Cn 0 zT 0 T zT 77 Cn CQ G_ CQ on 12.a) Announcements of Interest to the Public:Thanksgiving H... WEDNESDAY. OCTOBER COMMUNITY CHURCH � 7:30AM .-9:3OA4-- SUCCESs AHEAD! MAP YOUR FUTURE GROWTH Learn from business service organizations: - Financing for your business - Employee training opportunities - Planning for growth Find out about the Township's Official Plan Update process and how businesses can play a role N/ Network with other small business owners and enjoy a free continental breakfast RSVP to Donna Hewitt at 705 - 487 -2171 or dhewittworo- medonte.ea by October lath IN SUPPORT OF: BDC SMALL BUSINESS WEEKTM #SBW2013 Page 64 of 102 12.a) Announcements of Interest to the Public:Thanksgiving H... Huronia Nurse Practitioner -Led Clinic NOW ACCEPTING PATIENTS The Huronia Nurse Practitioner -Led Clinic provides primary health care services and preventive care to people of all ages. Whether you need to have a complete physical or need to visit us with a minor illness or to manage a chronic or complex illness, the clinic is here for you or your family. Call the clinic directly to begin the registration process at 705 - 835 -7545 or visit our website at www.huronianplc.ca for more information. • r We are located in Horseshoe Valley, Oro - Medonte 3331 Line 4 North, RR. #1 Shanty Bay, ON LOL 2L0 c . Page 65 of 102 13.a) Correspondence dated September, 2013 from Dennis Purce... Bancroft & Hastings Highlands Disaster Relief Committee Hastings Highlands Municipal Office 33011 Hwy 62 North, Maynooth, On KOL 2s0 M ' . �osx�[ea�,��; September 2013 Dear Council Head and Members of Council On May 16, 2013, the Minister of Municipal Affairs and Housing, in response to local council motions, declared the Town of Bancroft and the Municipality of Hastings Highlands as disaster areas for the purpose of the Ontario Disaster Relief Assistance Program (ODRAP) The Town of Bancroft and the Municipality of Hastings Highlands experienced flood conditions during the last weekend of April, caused by heavy rain falls in addition to the spring thaw. This flood led to severe infrastructure damage to homes and small businesses, as well as the temporary closure of schools and businesses in both municipalities. A Disaster Relief Committee has been appointed in accordance with the requirements of ODRAP in order to coordinate both fund - raising efforts and to adjudicate claims from private residents, farmers and small businesses that were impacted by the flood. The Committee has set a financial goal of $87,500 and is making measurable gains towards meeting it by the fundraising campaign deadline of October 31, 2013. This $87,500 goal was established following preliminary assessments by the Provincial Disaster Assessment Team. Under ODRAP, the province will top up funds raised to the amount that is needed to pay eligible claims at 90 per cent up to a maximum of $2:$1 ratio. Claims for financial support will continue to be submitted until August 30, 2013. The Bancroft and Hastings Highlands area is predominately rural in nature and is not densely populated. For that reason, we know that the $87,500 goal is a challenging one but we are working extremely hard towards that end and are confident we can reach it. Our fundraising campaign began less than a month ago and early results are encouraging. For your information, I am enclosing a copy of our brochure which is a living document and will evolve as events are completed and new initiatives roll out. On behalf of the Bancroft and Hastings Highlands Disaster Relief Committee, I am asking municipal councils across the province to support our fundraising efforts by making a donation to this worthy cause. Contributions in any amount will be gratefully received. Cheques should be made out to Bancroft and Hastings Highlands Disaster Relief Committee and mailed to the Municipality of Hastings Highlands at 33011 Highway 62 N, PO Box 130, Maynooth, ON KOL 250. Yours truly en�u6 rrr�e�i Dennis Purcell DRC Chair SEP 17 201$ ORO- iViEDC)iv E 7'OWi�i�t-iIP Page 66 of 102 v CQ O 0) O O N `L/ Disaster Relief The Bancroft and Hastings Highlands Disaster Relief Committee has been established to respond to community need after severe flooding in April caused significant damage in Bancroft and Hastings Highlands. This is a joint effort between The Town of Bancroft and The Municipality Hastings Highlands which has been appointed in accordance with the Ministry of Municipal Housing and Affairs. Following an assessment by the Ministry of Municipal Housing and Affairs, the Bancroft and Hastings Highlands Disaster Relief Committee has set a financial goal of $87 Soo which we are seeking to raise by October 31, 2013. The province tops up private funds raised to the amount that is needed to pay eligible claims at go per cent, up to a maximum of $2:$t ratio. REQUEST FOR SUPPORT The Bancroft and Hastings Highlands Disaster Relief Committee is appealing to businesses, municipalities, and community organizations to provide financial assistance in support of 2013 flood victims. The needs in our region continue to be on -going and substantial. COMMUNITY EFFORTS Many fundraising efforts have occurred and together the cemmnunity has raised over $1i,000 for flood victims in our region. Notable donations include $5000 from the Insurance Bureau of Canada; $yoo from the Bancroft & Area Community Policing Advisory Committee; and $300 from the Papi ueaa Lake Community Association. The financial needs in Bancroft and Hastings Highlands, however, continue to be greater than the funds raised. Tax receipts are available upon request. PRODUCT SALES Two styles oft- ' shirts are available for B2o at the Hastings Highlands All Public Library. These use images created by local artists Arne Roosman and Ren Lonechild. ED ROBERTSON CONCERT Ed Robertson of Barenaked Ladies will be joined by Mary Milne, at the Village Playhouse in Bancroft for a conceit in support of flood relief, on September 27. 2013. Tickets for this concert have sold out and the committee is actively seeking in -kind gifts to support a silent auction. donations of products and services are being received by the Municipality of Hastings Highlands. —Photo credits : Diane Hannah v CQ 0) 00 O_ 0 1V W n O CD O Z3 CL CD Z3 0 CD Q CD Q CD CD 3 CT CD N 0 W O 3 0 C) CD CLAIMS APPROVALS MAKE A DONATION Applications for funding assistance have been avail- Bancroft & able, over the course of the summer, through the Donations are eligible for a tax receipt, issued Ontario Disaster Assistance Relief Program Hastings by the Municipality of Hastings Highlands. (ODRAP). Highlands Applicants were able to acquire these forms, in per- ► ► I would like to make a donation: son and on -line, from both municipal offices. The Disaster Relief deadline to submit applications was August 30, 20$_ 5o$ _$loo Other 2013• Multiple applications, from both municipalities, have _ Name: been adjudicated and multiple approvals for advance fundinghave occurred. Address ! This advance funding is critical for residents, who f continue to live with the consequences of the flood - today. Telephone a Bancroft and Hastings Highlands A, Disaster Relief Committee Email: Municipality of Hastings Highlands 33011 Hwy 62 N Date: P.O. Box 130, Maynooth, ON KOL 2SO Please make cheque payable to the Bancroft & iii. Hastings Highlands Disaster Relief Committee and send to the Municipality of Hastings Highlands. ❑ I require a tax receipt. Thank you for your support! - - - - - 0 ---------------- - - - - -- ",° wn °f �- �61?Q.AND6 T 9�N D15A.4TER RELIED 2ot3 W n O CD O Z3 CL CD Z3 0 CD Q CD Q CD CD 3 CT CD N 0 W O 3 0 C) CD C v CD O O N succe You are invited to join us on Thursday, October 10, 2013 to hear from physicians, staff and patients about what makes OSMH an outstanding regional hospital and valued resource in our community. i L �l SOLDIERS' I9 4. 4. osnnpFOUNDATION GJ N O� O 3 zT CD O N� Cn O Q CD I cn CD 3 O N� 2 O cn N v cn v C) O O N) Greg Gee, Chair of the Board of Directors and Elisabeth Riley, President & CEO cordially invite you to a special evening that will enlighten and inform with insight from patients, physicians and staff, Thursday, October 10, 2013 Hawk Ridge Golf Club, 1151 Hurlwood Lane, Orillia, ON 7:00 pm - Mix & Mingle (Complimentary Refreshments) 7:30 pm - Presentations 8:45 pm - Informal dialogue with OSMH staff, physicians & Board members Not a fundraising event. Please R.S.V.P. to: info@osmh.on.ca by Friday, October 4, 2013 *L pola��aDo osm[n SOLDIERS' MEMORIAL FOUNnATioN W iv O O 3 zT CD O v� Cn O _Q CD I CD 3 O 2 0 15.a) A By -Law To Amend Zoning By -Law 97 -95, As Amended. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -179 A BY -LAW TO AMEND ZONING BY -LAW 97 -95, AS AMENDED WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to amend the zoning provisions of By- law 97 -95, in accordance with the policies of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. Section 5.20.2.2 — Width of driveways leading to a parking area or a lot, is hereby amended by deleting "shall be a minimum of 6.0 metres (19.6 feet) in width for one - way traffic and a minimum of 12.0 metres (39.4 feet) in width for two -way traffic" and replaced with the following "shall be a minimum of 3.6 metres (11.8 feet) in width for one -way traffic and a minimum of 6.7 metres (22.9 feet) in width for two -way traffic ". 2. Section 5.32 — SETBACK FROM SLOPES, is hereby amended be adding the words "of the top -of- bank" after "23 metres (75 feet)" and deleting the words "or 3 to 1." at the end of the sentence. Add the following sentence after the first sentence of Section 5.32: "Be advised that if the slope is located in a registered Plan of Subdivision where the overall lot grading of the subdivision was approved by the Township Engineer, the 23 metre setback from the top -of -bank of a slope or embankment that exceeds 33% does not apply." 3. Section 5.35 — SWIMMING POOLS, is hereby amended by adding the following new sentence at the end of Section 5.35, "Notwithstanding the above, swimming pools are permitted in the front yard of a Agricultural /Rural Zone provided the pool is located on a lot which has a minimum lot area of 2.0 ha and the pool has a minimum required front yard of 8.0 metres. 4. Section 6.0 — Definition for "STRUCTURE" is hereby amended by deleting the following words from the definition: "a fence that has a height of 1.8 metres (5.9 feet) or less, ". 5. Table A3 — INDUSTRIAL ZONES PERMITTED USE is amended by adding "Accessory Outdoor Storage" as the new "A use" in the Zone — Use column. Accessory Outdoor Storage will be added as a Permitted Use in the Rural Industrial (IR) and Economic Development (ED) zones as identified in Section 5.3. The remanding alphabetical order of uses will be re- ordered after the introduction of the new use "Accessory Outdoor Storage ". TABLE A3 — INDUSTRIAL ZONES PERMITTED USES Page 71 of 102 Zone IR LI ED AP WD RURAL LOCAL ECONOMIC AIRPORT WASTE INDUSTRIAL INDUSTRIAL DEVELOPMET DISPOSAL USE A Accessory Outdoor Storage B Agricultural ♦(3) (new support alphabetical uses order for the rest of the uses ) Page 71 of 102 15.a) A By -Law To Amend Zoning By -Law 97 -95, As Amended. 6. Table A4 - THE AGRICULTURAL /RURAL ZONE AND THE MINERAL AGGREGATE RESOURCE ZONE PERMITTED USES is amended by deleting "K Home industries" as a permitted use in the A/RU Agricultural /Rural Zone column and the MAR2 Mineral Aggregate Resource Two Zone column. The remanding alphabetical order of uses will be re- ordered after the deletion of "Home industries ". 7. Remove the Holding (H) symbol from the following properties zoned Residential Limited Services (RLS) Zone, Residential Limited Services (RLS *2) Zone and Residential One (R1) Zone located on the following Schedules: 1) Properties on Barrie Terrace located on Schedule Al 2) Properties on Trafalgar Drive located on Schedule Al 3) Properties on Balsam Lane located on Schedule A3 4) Properties on Forrester Road located on Schedule A3 5) Properties on O'Connell Lane on Schedule A5 6) Property on Sophia Avenue located on Schedule A5 7) Properties on Orr Road located on Schedule A5 8) Properties on Orillia Road located on Schedule A5 9) Properties on Grandview Crescent located on Schedule A5 10) Properties on Mitchell Road located on Schedule A5 11) Properties on Poplar Crescent located on Schedule A5 12) Properties on Shewchenko Road located on Schedule A6 13) Properties on Karpatian Place located on Schedule A6 14) Properties on Bassarab Place located on Schedule A6 15) Properties on Franko Street located on Schedule A6 16) Properties on Hlynka Place located on Schedule A6 17) Properties on Sokil Road located on Schedule A6 18) Properties on Mazepa Place located on Schedule A6 19) Properties on Taras Boulevard located on Schedule A6 8. The following is a list of editorial text changes including numbering and typographical changes which are necessary, however do not impact or change the intent of the By- law. 1) Page 3, Sentence 7, third bullet, after the word "Authority" add "and Lake Simcoe Region Conservation Authority, ". 2) Page 4, second sentence of "Minimum required front yard ", after the word "front" delete "tot" and replace it with the word "lot ". 3) Page 4, second sentence of "Minimum required rear yard ", after the word "rear" delete "tot" and replace it with the word "lot ". Third sentence of "Minimum required rear yard ", after the word "front" delete "tot" and replace it with the word "lot ". 4) Page 6, NON COMPLYING BUILDINGS AND STRUCTURES, end of the third paragraph, after the words "Committee of add the word "Adjustment." 5) Page 8, OTHER ZONES, sentence 1, after Agricultural /Rural delete "(AIRU) and replace it with "(A/RU) ". 6) Page 11, TABLE OF CONTENTS, SECTION 2 — ESTABLISHMENT OF ZONES, subsection 2.1, after the word "Zones" delete the number "3 ". 7) Page 11, TABLE OF CONTENTS, SECTION 3 — PERMITTED USES, subsection 3.1, after the word "Zones" delete the number "5 ". 8) Page 12, APPENDICES, Appendix 1, delete "BS" and replace it with "135 ". 9) Page 12, APPENDICES, Appendix 6, delete "tot" after the words "corner and parallel" and replace it with the word "lot ". 10)Page 12, APPENDICES, Appendix 7, delete "tot" after the word "curved" and replace it with the word "lot ". 11)Page 12, APPENDICES, Appendix 8, delete "tot" after the words "irregular and rear" and replace it with the word "lot ". 12)Page 16, SECTION 3.0 PERMITTED USES, Subsection 3.1 ZONES, in the wording for the title of Table A5, add the words "Private Recreation," in between "Open Space" and "Institutional ". 13)Page 16, SECTION 3.0 PERMITTED USES, Subsection 3.1 ZONES, paragraph at the end of the page, delete "letter `X' in the first sentence and delete "symbol `X' " in the second sentence and replace both of them with the "symbol ♦'. Page 72 of 102 15.a) A By -Law To Amend Zoning By -Law 97 -95, As Amended. 14)Page 17, Table Al and Page 19, Table A3, delete all the symbols in the Tables and replace them with the "symbol ♦ ". 15)Page 21, add the words "Private Recreation," in between "Open Space" and "Institutional" in the title of Table A5. 16) Page 26, add the title "TABLE 133" above "STANDARDS FOR INDUSTRIAL ZONES ". 17) Page 73, Section 7.20, Exception *20, delete "PLAN 381" and replace it with "PLAN 51 M- 381, ". 18) Page 74, Section 7.28, Exception *28, delete "LOT 12," and replace it with "PLAN M- 174, ". 19)Page 83, Section 7.59, Exception *59, delete "LOT 12," and replace it with "PLAN M- 174, ". 20)Page 88, Section 7.88, Exception *88, delete "PART 20, PLAN M -381" and replace it with "LOT 20, PLAN 51 M- 381, ". 9. 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 2ND DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 73 of 102 15.b) A By -law to Authorize the Execution of an Agreement be THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -181 A By -law to Authorize the Execution of an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro - Medonte (Agreement #11459) And to Repeal By -law No. 2011 -091 WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, the Planning Act, R.S.O. 1990, c. P.13, the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, c. L.24, the Animals for Research Act, R.S.O. 1990, c. A.22, the Pounds Act, R.S.O. 1990, c. P.17, the Dog Owners' Liability Act, R.S.O. 1990, c. D.16, the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, contain provisions enabling municipalities to pass by -laws; AND WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 states that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS the Council of the Township of Oro - Medonte have enacted by -laws to regulate permitted activities within the boundaries of the municipality; AND WHEREAS the Ministry of Transportation maintains computer databases containing residential address information pertaining to the registered holders of motor vehicle licence plates; AND WHEREAS the municipality requires access to the information for the purpose of commencing a legal proceeding against a registered licence plate holder who has committed an infraction in contravention of a municipal by -law; AND WHEREAS the Ministry of Transportation shall permit the municipality access to the Ministry's information subject to the terms and conditions of the Agreement; AND WHEREAS it is deemed expedient to enter into an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro - Medonte; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: That the Clerk be authorized to execute the Authorized Requester Agreement (Agreement #11459) between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro - Medonte, attached hereto as Schedule "A" and forming part of this by -law; 2. That the Clerk, or his /her designate, is authorized to revise the attached Schedule `A' as deemed appropriate. Such revisions shall be documented accordingly, and the revised document shall be publicly available; Page 74 of 102 15.b) A By -law to Authorize the Execution of an Agreement be That By -law No. 2011 -091 is hereby repealed in its entirety; 4. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 75 of 102 15.b) A By -law to Authorize the Execution of an Agreement be 11459 AUTHORIZED REQUESTER AGREEMENT BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Transportation AND 4 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Page 76 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -1- AUTHORIZED REQUESTER AGREEMENT THIS AGREEMENT made as of the 22nd day of August, 2013 (the "Effective Date "). BETWEEN: HER MAJESTY THE QUEEN in right of Ontario, as represented by the Minister of Transportation ( "MTO ") - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Requester ") WHEREAS: A. MTO maintains computer databases containing information pertaining to driver, vehicle and commercial motor carrier records; B. The Requester has submitted to MTO an application to access and use certain information contained in such databases; and C. MTO is prepared to permit the Requester to obtain such access, subject to the provisions of this Agreement. NOW THEREFORE MTO and the Requester agree as follows: ARTICLE 1 DEFINITIONS AND SCHEDULES 1.1 Definitions. In this Authorized Requester Agreement, unless the context requires a different meaning, the following terms shall have the following meanings: "Agreement" means this agreement entitled "Authorized Requester Agreement ", including the attached Schedules, any documents or instruments incorporated by reference in this agreement, and any amendments to any of the foregoing that may be agreed to in writing by MTO and the Requester or that are otherwise provided for in this agreement. "Application" means the application, in the form approved by MTO, submitted by the Requester to become an Authorized Requester. "ARTS" means the Authorized Requester Information System of MTO, which is an electronic system used by MTO to receive Licensed Information Requests from Authorized Requesters, and to send Licensed Information Responses to Authorized Requesters and to maintain client profiles, as such system may be modified by MTO from time to time. "Audit" and similar expressions mean the performance by, or on behalf of MTO, of such audits, reviews, investigations, inspections, confirmations, certifications, tests, studies and determinations of, or relating to, any matter or thing pertaining to this Agreement. "Authorized Premises" means the premises of the Requester at which are located any of the Requester's businesses or operations that relate to, or are involved in, the performance of the Requester's obligations under this Agreement or the exercise of the Requester's rights under this Agreement and which are listed in Part A -2 of Schedule "A" "Authorized Requester" means any person or other organization to whom MTO has, pursuant to an agreement, granted a non - exclusive, non - assignable and non - transferable licence to access and use the Licensed Information solely for Authorized Use(s). "Authorized Staff" means: Page 77 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -2- (a) employees of the Requester, and (b) individual third party contractors (but not corporations, partnerships or other legal entities) engaged by the Requester to perform employee -like functions, who need to access such Licensed Information or Passwords, in order for the Requester to use the Licensed Information for Authorized Use(s) in accordance with this Agreement, and who are listed in Part A -2 of Schedule "A ". "Authorized Use" has the meaning set out in Part A -1 of Schedule "A" "Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public service holiday observed in the Province of Ontario. "Claims" means any claims, demands, actions, causes of action, suits or proceedings against, or damages (including indirect, special, incidental, consequential or punitive damages), losses, liabilities or obligations of MTO, or of MTO's employees, agents or contractors. "Confidential Information" has the meaning set out in section 5.1. "Contractor Security Agreement" means a privacy and confidentiality agreement between the Requester and Authorized Staff who are individual third party contractors engaged by the Requester, in the form specified by MTO. "Damages" means losses, compensation, damages (including indirect, special, incidental, consequential and punitive damages), expenditures, costs (including reasonable administrative cost's and reasonable legal fees and costs), expenses, interest, liabilities, judgements, awards, taxes, fines, penalties, charges and amounts paid in settlement. "Declaration" has the meaning set out in section 9.2. "Delivery Channel" means the method or system by which a Licensed Information Request is transmitted or delivered from the Requester to MTO or by which a Licensed Information Response is transmitted or delivered from MTO to the Requester. "Disclose" means directly or indirectly disclose, provide, distribute, exchange, sell, license, lease, give, make available or permit access to or use of; and "Disclosed ", "Disclosing" and "Disclosure" have corresponding meanings. "Effective Date" means the effective date of this Agreement, as set out at the beginning of this Agreement. "Employee Security Statement" means a privacy and confidentiality statement in the form attached as Schedule "B ", as may be modified by MTO from time to time. "Fees" means those fees set out in Schedule "C ". "FOIPPA" means the Freedom of Information and Protection of Privacy Act(Ontario), as amended from time to time "Government of Ontario" means Her Majesty the Queen in right of Ontario or any ministry, agency, board, commission, department, corporation or other legal entity of or owned by the Government of Ontario. "Grant" has the meaning set out in section 2.1. "Licensed Information" has the meaning set out in Part A -1 of Schedule "A ": "Licensed Information Request" means one request for Licensed Information contained in one collection of Licensed Information and pertaining to one driver, which request is in the format stipulated by MTO from time to time, and which request is transmitted or delivered by the Requester to MTO using a Delivery Channel specified in Part A -I of Schedule "A ". "Licensed Information Response" means the Licensed Information (or other response such as "no information available ") transmitted or delivered by MTO to the Requester, using a Delivery Channel specified in Part A -1 of Schedule "A ", in response to a Licensed Information Request. "Licensed Personal Information" means any Licensed Information that is Personal Information. Page 78 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -3- "Password" means any password, key, code or identifier assigned to a user in connection with making Licensed Information Requests or receiving or accessing Licensed Information Responses. "Personal Information" means personal information as defined in FOIPPA. "Personal Information Records" means all Records of, or containing, Personal Information that is Processed by the Requester in connection with the performance by the Requester of the Requester's obligations under this Agreement or the exercise by the Requester of the Requester's rights under this Agreement. " PIPEDA" means the Personal Information Protection and Electronic Documents Act (Canada). "Pre -paid Account" has the meaning set out in section 14.2. "Privacy Default" means a breach of: (i) any Privacy Laws; or (ii) any of the provisions of this Agreement relating to the Requester's compliance with the Privacy Laws, including Schedule "D "; or (iii) any other provision of this Agreement where such breach involves or results in any Processing of (or failure to Process) Personal Information that is not strictly in accordance with this Agreement. "Privacy Laws" means (a) FOIPPA (b) PIPEDA and (c) the provisions of any other law from time to time that address any Processing of (or failure to Process) Personal Information. "Process" means directly or indirectly create, access, collect, process, receive, hold, store, use or Disclose; and "Processed" and "Processing" have corresponding meanings. "Records" means the records of the Requester in any format or medium, including any "record" as defined in FOIPPA. "Supporting Document" means any of the documents which (a) support or verify information contained in the Application (as such information may subsequently have been changed in accordance with section 11.2 (a)); and (b) are listed in Part A -1 of Schedule "A ". "Term" means the initial term of this Agreement as provided in section 3.1(a), and any renewal(s) of this Agreement made in accordance with section 3.1(b). "Warranty" means any representation, warranty or condition, express, implied, collateral or statutory. 1.2 Schedules. The following attached Schedules form part of this Agreement: Schedule A Specifications (Part A -1 and Part A -2) Schedule B Employee Security Statement Schedule C Fee Schedule Schedule D Audit, Inspection and Review ARTICLE 2 GRANT OF LICENCE 2.1 Grant. Subject to the provisions of this Agreement, MTO hereby grants to the Requester a non - exclusive, non- assignable and non - transferable licence (the "Grant ") to access and use the Licensed Information solely for the Authorized Use(s). 2.2 Title. The Requester acknowledges and agrees that MTO (or the Government of Ontario) is and shall at all times remain the sole owner of all right, title and interest in the Licensed Information, including all intellectual property rights (such as copyright) and other proprietary rights and trade secrets. Accordingly, the Grant is not, and shall not be deemed to be, a transfer, sale or disposition of any or all of MTO's right, title or interest of any kind in the Licensed Information. Page 79 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -4- 2.3 Changes in Licensed Information. (a) Despite any other provision of this Agreement, the Requester acknowledges and agrees that MTO reserves the right in its absolute discretion to add to, withdraw from, or change the content or structure of, or subject matter covered by, or cease to make available, any or all of the Licensed Information at any time. (b) Upon implementation by MTO of any of the changes contemplated in section 2.3(a) above, all references to "Licensed Information" in this Agreement shall be deemed to be amended to reflect such changes. 2.4 No Guarantees or Warranties. The Requester acknowledges and agrees that MTO does not warrant or guarantee the accuracy of the Licensed Information. ARTICLE 3 TERM 3.1 Term. Subject to the provisions of this Agreement: (a) This Agreement shall be effective on the Effective Date and shall continue in force for an initial term of twelve (12) months. (b) This Agreement shall be automatically renewed for subsequent terms of twelve (12) months each, provided that: (i) neither party provides to the other, at least thirty (30) days before the expiry of the then current term, written notice of that party's intention not to renew; (ii) if requested by MTO, prior to such renewal the Requester signs the form of authorized requester agreement that MTO then requires to be signed by Authorized Requesters; (iii) the Requester has updated the lists of Authorized Premises and Authorized Staff contained in Part A -2 of Schedule "A" and has reviewed and affirmed such lists in accordance with sections 7.10 and 8.1; (iv) the Requester has updated the information contained in the Application and has reviewed and affirmed such information in accordance with section 12.1; and (v) prior to such renewal the Requester has satisfied any other conditions that may be stipulated by MTO for the renewal of the Grant. 3.2 Early Termination. This Agreement shall automatically terminate in the event that MTO ceases to make available any Licensed Information to third parties outside of the Government of Ontario. 3.3 Termination Without Cause. Notwithstanding any other provision of this Agreement, this Agreement may be terminated without liability by either party giving to the other party thirty (30) calendar days prior written notice of termination. ARTICLE 4 AUTHORIZED USES itta 4.1 Authorized Use(s). The Requester shall access and use the Licensed Information solely for the Authorized Use(s) set out in Part A -1 of Schedule "A ". Page 80 of 102 15.b) A By -law to Authorize the Execution of an Agreement be - 5 - 4.2 Changes to Authorized Use(s). Despite Part A -1 of Schedule "A ", the Requester acknowledges and agrees that MTO shall have the right unilaterally to amend or delete any or all of the Authorized Use(s) at any time, effective upon written notice to the Requester setting out the applicable amendment(s) or deletion(s). 4.3 Informed Consent. Despite the Authorized Use(s) set out in Part A -1 of Schedule "A ", if required by MTO, the Requester shall, prior to requesting, accessing or using any Licensed Information under this Agreement, obtain the informed consent of the individual to whom the Licensed Information is referable. 4.4 Records of Licensed Information Requests. The Requester shall maintain records that specify the following information in respect of the Licensed Information received in response to each Licensed Information Request: (a) date of Licensed Information Request; (b) the identifying information used to request Licensed Information; and (c) the business reason for requesting such Licensed Information. 4.5 Retention of Records The Requester shall retain the records contemplated in section 4.4 throughout the Term and for three (3) years thereafter. 4.6 Demonstration that Uses Authorized Upon MTO's request from time to time, the Requester shall reasonably demonstrate that the Requester's use of any particular Licensed Information (as specified by MTO) has been strictly in accordance with this Agreement. For avoidance of doubt, any breach of the requirements of this section 4.6 shall constitute a Privacy Default. 4.7 Data Matching and Data Profiling. (a) Subject to the Authorized Use(s), the Requester shall not develop, or derive for any purpose whatsoever, any other product, work or database in human - readable or machine- readable form or otherwise, that incorporates, modifies, or uses in any manner whatsoever, any Personal Information contained in, or obtained from, the Licensed Information. This section shall not, however, apply with respect to any specific Personal Information which the Requester had in its possession prior to receiving the Licensed Information. (b) Subject to the Authorized Use(s), the Requester shall not place any data which was not obtained under this Agreement, into a database containing Personal Information obtained under this Agreement, other than as first authorized by MTO in writing. 4.8 Individuals Not to be Contacted. The Requester shall not use the Licensed Information directly or indirectly to locate or contact any individual to whom the Licensed Information is directly or indirectly referable, other than as expressly stated in the Authorized Use(s). 4.9 Survival. For the avoidance of doubt, the obligations of the Requester contained in this Article 4 shall survive the expiry or termination of this Agreement. ARTICLE 5 CONFIDENTIALITY 1 t s Page 81 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -6- 5.1 Confidential Information. Subject to sections 5.2 and 5.3, the Requester shall hold in strict confidence all Licensed Information and any other confidential information or materials of MTO, or of third parties and in the possession or control of MTO, and any information derived from any of the foregoing (collectively, the "Confidential Information "). 5.2 Maintain Confidentiality. Without limitation to section 5.1, the Requester shall not directly or indirectly: (a) disclose, make available, or provide or permit access to or use of, any Confidential Information for any purpose (other than to its Authorized Staff who need to know such Confidential Information in order to carry out the Requester's business, and who are permitted access to such Confidential Information strictly in accordance with Article 8); (b) reproduce or make Copies, or permit any third party to reproduce or make Copies, of any Confidential Information, in whole or in part (other than Copies of Confidential Information made by the Authorized Staff contemplated in section 5.2 (a) in the normal course of the Requester's business), other than as expressly stated in the Authorized Use(s). 5.3 Disclosures Required by Applicable Law. (a) Despite section 5.1, the Requester may, subject to sections 5.3 (b) and 5.3 (c), disclose Confidential Information to the extent required by applicable law. (b) If the Requester becomes compelled by applicable law to disclose Confidential Information, the Requester may only disclose that part of the Confidential Information that it is compelled by applicable law to disclose, and may only disclose such Confidential Information in the manner and to the extent so compelled by applicable law. (c) If the Requester becomes compelled by applicable law to disclose Confidential Information, the Requester shall notify MTO of the disclosure as soon as reasonably possible. 5.4 Survival. For the avoidance of doubt, this Article 5 shall survive the expiry or termination of this Agreement for any reason. ARTICLE 6 PRIVACY LAWS 6.1 Privacy Laws. (a) This Agreement and the rights granted to the Requester under this Agreement are subject to any restrictions, limitations or provisions of any applicable law, including the Privacy Laws or any other legislation or regulations enacted by the Government of Ontario or by the Canadian federal government, whether enacted prior to or after the date of signing this Agreement. (b) Without limiting the generality of section 6.1(a), this Agreement is subject to any provisions of any applicable law that may restrict or limit: (i) the information included in the Licensed Information; or (ii) the information that may be provided in response to a Licensed Information Request. Page 82 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -7- 6.2 Requester Compliance. The Requester represents and warrants that it is, and at all times throughout the Term will remain, in full compliance with all applicable laws (including the Privacy Laws) relating to its Processing of Licensed Personal Information pursuant to this Agreement. Without limiting the generality of the foregoing, the Requester shall comply with any written instructions or directions from MTO from time to time concerning Licensed Personal Information or Personal Information Records (including the Processing of such Licensed Personal Information or Personal Information Records). 6.3 Survival. For the avoidance of doubt, this Article 6 shall survive the expiry or termination of this Agreement for any reason. ARTICLE 7 PROTECTION OF CONFIDENTIAL INFORMATION 7.1 Security of Confidential Information. The Requester shall maintain the security and integrity of the Confidential Information. Without limitation to the foregoing, the Requester shall (a) keep all copies or partial copies of the Confidential Information in a physically secure location to which access is restricted; (b) ensure that access to any Confidential Information stored on a computer is Password - protected and that the Passwords are treated as Confidential Information and are changed on a frequent basis; (c) comply with the security provisions and standards set out in Part A -1 of Schedule "A "; and (d) comply with such security requirements as are from time to time specified by MTO. 7.2 Security Products. The Requester shall be responsible for the selection, implementation and maintenance of appropriate security products, tools and procedures sufficient to meet MTO's requirements for protecting the Confidential Information from improper access, loss, alteration or destruction. The Requester shall be responsible for establishing, monitoring and testing the Requester's own security products, tools and procedures to ensure their adequacy. 7.3 Password Protection. (a) Deemed to be Confidential Information. Any Passwords shall be deemed to be "Confidential Information" for the purposes of this Agreement. (b) No Disclosure to Third Parties. For the avoidance of doubt, the Requester shall not disclose any Passwords to, or permit any access to, or use of, any Passwords by any third party, provided that nothing in this section shall prevent the Requester from disclosing Passwords to its Authorized Staff who: (i) need to know such Passwords in order for the Requester to obtain and use the Licensed Information for Authorized Use(s), and (ii) are authorized to access to such Passwords strictly in accordance with Article 8. 7.4 Restricted Access. The Requester shall at all times restrict access to the Confidential Information solely to Authorized Staff, in accordance with the requirements set out in this Agreement. The Requester shall be responsible to MTO for any unauthorized access to Confidential Information resulting from the Requester's failure to meet the Requester's obligations in this Agreement (including this section). Page 83 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -8- 7.5 No Exposure. Subject to the Authorized Use(s) set out in Part A -1 of Schedule "A ", and without limiting the generality of the restrictions or obligations placed upon the Requester in Articles 4, 5, 6 and 7, no Confidential Information shall be exposed or placed so that it can be viewed by the public and/or any non - authorized persons. 7.6 Destruction of Confidential Information. (a) Subject to sections 7.6(b) and 7.6(c) and 7.6(d), the Requester shall destroy all copies of Confidential Information in its possession or control, upon or before the earlier of: (i) the expiration or termination of this Agreement for any reason; (ii) thirty (30) days following completion or fulfilment of the applicable Authorized Use(s) as set out in Part A -1 of Schedule "A "; or (iii) the third Business Day after the date of suspension, cancellation or voluntary cancellation of any or all of the Requester's accounts with MTO or any or all of the Requester's rights or privileges under this Agreement. (b) Despite section 7.6(a), if this Agreement expires and no Event of Default has occurred and then remains outstanding, the Requester shall not be required to destroy the Confidential Information and records referred to in that section for so long as there remains in full force and effect a separate written agreement entered into by the Requester with MTO under which the Requester is authorized to possess and use that Confidential Information and those records for the purposes for which they are then being possessed and used by the Requester. (c) Despite section 7.6(a), the Requester shall not be required to destroy the Confidential Information and records referred to in that section to the extent (if any) that: W the Confidential Information was also separately obtained by the Requester from a third party that was not at that time under any obligation to keep such Confidential Information confidential; or (ii) the Confidential Information pertains to an individual who has consented to having the Requester keep that Confidential Information (provided that such consent is given in accordance with (and in any manner or form required by) applicable law), or (iii) the Requester is required by applicable law to retain for any period of time any of the Confidential Information. The Requester shall, be permitted to retain such of that Confidential Information or those records, in such form and for such period of time, as is so required by applicable law, subject to the Requester's confidentiality, non - disclosure and security obligations in this Agreement (including all of the Requester's obligations in Articles 4, 5, 6 and 7.). (d) For the avoidance of doubt, nothing in this section 7.6 shall limit or release the Requester from the security, confidentiality and non - disclosure provisions of this Agreement, which provisions shall survive any termination or expiration of this Agreement and shall remain in full force and effect until such time as they are satisfied or by their nature expire. 7.7 Retention of Licensed Information Within Canada. Subject to section 7.8, the Requester shall ensure that: (a) no Licensed Information Requests will be made, and (b) no Licensed Information Responses or Licensed Information will be received, transmitted, stored or retained by the Requester or on behalf of the Requester outside Canada for any time period, no matter how short. Page 84 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -9- 7.8 Licensed Information That Does Not Contain Residential Addresses. Notwithstanding section 7.7, the Requester may (a) make Licensed Information Requests that do not contain any residential addresses from premises of the Requester within the United States; and/or (b) receive, store or retain Licensed Information Responses that do not contain any residential addresses or Licensed Information that does not contain any residential addresses at premises of the Requester within the United States. For the avoidance of doubt, nothing in this section 7.8 shall limit the application of the Requester's security and confidentiality obligations under this Agreement. 7.9 Authorized Premises. The Requester shall ensure that Licensed Information Responses are received, stored and retained only in the Authorized Premises and that all of the security and confidentiality obligations of this Article 7 are met in all Authorized Premises. 7.10 Authorized Premises Listed in Part A -2 of Schedule "A ". The Requester covenants and warrants that all Authorized Premises as of the Effective Date have been listed in Part A -2 of Schedule "A ". The Requester shall, within ten (10) days of any change in the list of Authorized Premises, advise MTO of such change in writing or other format acceptable to MTO. ARTICLE 8 AUTHORIZED STAFF 8.1 Listed in Part A -2 of Schedule "A ". The Requester covenants and warrants that all Authorized Staff as of the date of this Agreement have been listed in Part A -2 of Schedule "A ". The Requester shall, within ten (10) days of any change in the list of Authorized Staff, advise MTO of such change in writing or other format acceptable to MTO. Notwithstanding any other provision of this Agreement, MTO reserves the right in its absolute discretion: (a) to reject any employee or contractor of the Requester as an Authorized Staff member; and (b) to prohibit an Authorized Staff member from accessing any Licensed Information. 8.2 Employee Training, Security Statements and Contractor Security Agreements. The Requester shall require all Authorized Staff: (a) when and as required by MTO, to take such training in the handling and protection of the Licensed Information as is made available to the Requester by MTO; (b) who are Requester employees, to enter into and comply with the Employee Security Statement; and (c) who are individual third party contractors engaged by the Requester, to enter into and comply with a Contractor Security Agreement. 8.3 Authorized Staff Compliance. The Requester shall be solely responsible for ensuring that its Authorized Staff fully comply with the Requester's confidentiality and security obligations contained in this Agreement. Without limiting the generality of the foregoing, or of section 8.2, the Requester shall be solely responsible for ensuring full compliance with the Employee Security Statement and Contractor Security Agreement by Authorized Staff. The Requester shall indemnify and hold harmless MTO from and against any Damages that occur as a result of any non - compliance with the Employee Security Statement or Contractor Security Agreement by such Authorized Staff. Page 85 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -10- 8.4 Retention of Original Copies. The Requester shall retain an original copy of each Employee Security Statement and Contractor Security Agreement from the time it is executed until at least three (3) years after the date the Authorized Staff who signed that Employee Security Statement or the Contractor Security Agreement (as the case may be) ceases to be an employee or contractor of the Requester. Upon MTO's request from time to time, the Requester shall provide MTO with copies of all executed Employee Security Statements and Contractor Security Agreements. ARTICLE 9 AUDIT AND ANNUAL DECLARATIONS 415 „ 9.1 Audit of Requester. The Requester shall accommodate Audits of the Requester in accordance with the provisions of Schedule "D ". For the avoidance of doubt, this section 9.1 and Schedule "D" shall survive the expiry or termination of this Agreement for any reason. 9.2 Annual Declaration. Prior to the expiry of each current Term, the Requester shall complete, sign and submit to MTO a declaration (the "Declaration ") relating to the Requester's compliance with the obligations under this Agreement during the previous twelve (12) months. The Declaration shall be in such form as may be specified by MTO from time to time, and shall be executed by such officer of the Requester, or other responsible person, as may be specified by MTO in the form of the Declaration. ARTICLE 10 INFORMATION TRANSMISSION 10.1 "As Requested" Basis. Licensed Information shall be provided by MTO to the Requester through the Delivery Channels and on an "as requested" basis in response to Licensed Information Requests, all in accordance with the procedures specified by MTO from time to time. The Requester acknowledges that, owing to the complexity and diversity of technologies utilized in the provision of Licensed Information Responses, MTO does not guarantee that it will transmit or deliver Licensed Information within a stipulated time after receipt of the applicable Licensed Information Request. 10.2 Incomplete, Inaccurate or Corrupted Documents. (a) If MTO reasonably suspects that a Licensed Information Request received from the Requester was incompletely or inaccurately transmitted, or corrupted in transmission, or not intended for MTO, MTO shall so notify the Requester. MTO shall not respond to such Licensed Information Request until MTO has received confirmation from the Requester of the validity and completeness of the Licensed Information Request. (b) If the Requester reasonably suspects that a Licensed Information Response received from MTO was incompletely or inaccurately transmitted, or corrupted in transmission, or not intended for the Requester, the Requester shall so notify MTO. The Requester shall not rely upon any information until the Requester has received confirmation from MTO of the validity and completeness of the Licensed Information Response. If requested by MTO, the Requester shall return or destroy an invalid or incomplete Licensed Information Response. 10.3 Deemed Authorization. The Requester shall establish reasonable and appropriate systems, methods and procedures to control the transmission or delivery of Licensed Information Requests and the receipt of Licensed Information Responses. Subject to section 10.2, each Licensed Information Request sent by the Requester to MTO under this Agreement shall be deemed to have been duly authorized by the Requester and shall be binding Page 86 of 102 15.b) A By -law to Authorize the Execution of an Agreement be - 11 - upon the Requester, unless the Requester otherwise notifies MTO before MTO responds to or makes any use of that Licensed Information Request. ARTICLE I1 APPLICATION INFORMATION 11.1 Warranty. The Requester represents and warrants that all information contained in the Application is true, correct and complete as of the date of the Application_ 11.2 Updates. (a) Within ten (10) Business Days after the occurrence of any change in any of the information contained in the Application, or any change to any of the information previously provided pursuant to this section 11.2 (a), the Requester shall notify MTO (in writing or other format acceptable to MTO) of such change. (b) Prior to the expiry of any of the Supporting Documents, and no later than ten (10) days after the date of an amendment to any of the Supporting Documents, the Requester shall provide MTO with a copy of the replacement Supporting Document, or of the amended Supporting Document, as the case may be. Upon the request of MTO, the Requester shall provide MTO with an original or certified copy of any Supporting Document. MTO reserves the right, upon notice to the Requester, to add additional documents to the list of Supporting Documents contained in Part A -1 of Schedule "A ". ARTICLE 12 REVIEW AND RE- VERIFICATION o v nrs 12.1 Review and Re- Verification Annually and as Required by MTO. At least thirty (30) days prior to the expiry of each current Term, and at such other times during each Term as may be required by MTO, the Requester will review and re -verify (in writing or other format acceptable to MTO) the information contained in the Application, as such information may subsequently have been changed in accordance with section 11.2 (a). ARTICLE 13 AUTHORIZED REQUESTER INFORMATION SYSTEM 13.1 Electronic Requests. If the internet has been included as a Delivery Channel in Part A -1 of Schedule "A ", MTO will accept Licensed Information Requests from the Requester, and will provide Licensed Information Responses in accordance with specifications set out in Part A -1 of Schedule "A" utilizing ARIS. 13.2 Password Assignment. (a) The Requester shall, (in writing or other format acceptable to MTO), advise MTO of those members of the Authorized Staff whom the Requester wishes to have access to ARIS. (b) MTO, at its discretion, shall assign user identification and passwords to members of the Authorized Staff in accordance with security policies and procedures of MTO. Notwithstanding the foregoing, MTO reserves the right not to issue user identification or a password to any individual or individuals regardless of their designation as Authorized Staff. (c) The Requester shall ensure that only Authorized Staff who log onto ARIS using the user identification and password assigned to them by MTO (as such password may be changed from time to time) can gain access to the Passwords or make Licensed Information Requests or receive Licensed Information Responses through ARIS. Page 87 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -12- 13.3 Requester Equipment. In order to access Licensed Information utilizing ARIS, the Requester shall obtain, install and test, at the Requester's own expense, the following computer equipment, software and services, with the following minimum specifications: Pentiutn computer or higher; Internet Explorer, Netscape or higher; and • Internet service. The Requester acknowledges and agrees that MTO shall have no responsibility for providing technical support, or maintenance, for any of the Requester's own systems required to access ARIS. ARTICLE 14 FEES 14.1 Fee Schedule. The Requester shall pay the Fees set out in the attached Schedule "C ", for obtaining Licensed Information from MTO under this Agreement. 14.2 Pre -paid Account. The provisions of this section 14.2 shall be applicable if the Requester has indicated in Part A -1 of Schedule "A" that the Requester wishes to establish a pre -paid account (a "Pre -paid Account ") from which MTO may debit all amounts owing from time to time under this Agreement, or if the Requester is authorized under Part A -1 of Schedule "A" to obtain Licensed Information over the telephone or through the intemet utilizing ARIS. (a) The Requester shall complete and sign such document(s) as may be required to allow MTO to debit the Pre -paid Account. (b) The Requester acknowledges and agrees that MTO may only process a Licensed Information Request where the amount remaining in the Pre -paid Account at the time of the Licensed Information Request is sufficient to cover all of the Fees payable for such Licensed Information Request. (c) The parties acknowledge and agree that the monies in the Pre -paid Account from time to time will not be designated, earmarked or credited in favour of any Licensed Information Request. Accordingly, at the time MTO receives a Licensed Information Request, so long as the balance in the Pre -paid Account is sufficient to cover the Fees payable for that Licensed Information Request, MTO may debit the Pre -paid Account by the amount of those Fees. (d) Upon the expiration or termination of this Agreement for any reason, MTO shall release to the Requester any balance remaining in the Pre -paid Account after debiting from the Pre -paid Account all Fees and other amounts owed by the Requester to MTO under this Agreement. 14.3 Remittance of Fees. (a) The Requester shall remit all Fee payments under section 14.1 to MTO at the following address: Ministry of Transportation, Information Management Services Oversight Office, Data Access Unit, 2680 Keele Street, Downsview, Ontario, M3M 3E6. (b) Fee payments shall include agreement /account numbers, and may be made by cheque, credit card, money order or cash. Page 88 of 102 15.b) A By -law to Authorize the Execution of an Agreement be ME ARTICLE 15 INDEMNITY AND LIMITATION OF LIABILITY 15.1 Indemnity. (a) The Requester agrees to defend, indemnify and hold harmless the Government of Ontario and its officers, employees, agents or contractors, from and against any and all Claims and Damages that may occur, by reason of (i) any breach or deemed breach of this Agreement by the Requester, or (ii) any non - compliance with Employee Security Statements or Contractor Security Agreements by any of the Authorized Staff; or (iii) any negligent, improper, or unauthorized use or dissemination of Confidential Information by the Requester or by the directors, officers, partners, employees, contractors (including Authorized Staff) or agents of the Requester; or (iv) inaccurate or out -of -date information contained in Licensed Information furnished to the Requester by MTO. 15.2 Limitation of Liability. (a) The Government of Ontario makes no Warranties with respect to the Licensed Information, including any Warranties that any Licensed Information (or any information contained in the Licensed Information) will be accurate, complete or up -to -date, or free of errors or omissions, in whole or in part, or that any Licensed Information will be fit for any purpose. (b) THE GOVERNMENT OF ONTARIO SHALL HAVE NO LIABILITY OF ANY KIND TO THE REQUESTER UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR BREACH OF CONTRACT WHETHER OR NOT A FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM). THIS LIMITATION OF LIABILITY IS INTENDED TO BE, AND WILL BE CONSIDERED TO BE, EXHAUSTIVE IN SCOPE, AND THE REQUESTER ACKNOWLEDGES THAT THIS IS THE ONLY BASIS ON WHICH MTO HAS APPROVED THE APPLICATION AND AUTHORIZED MTO TO ENTER INTO THIS AGREEMENT WITH THE REQUESTER. (c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE GOVERNMENT OF ONTARIO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES, INCLUDING LOST PROFITS, EVEN IF THE GOVERNMENT OF ONTARIO HAS KNOWLEDGE OF THE POTENTIAL DAMAGES OR LOSSES. (d) In no event will the Government of Ontario be liable for any Damages or Claims, including any Claims for loss of profits or other incidental or consequential damages, arising out of the Requester's use of, or inability to use or access, any Licensed Information, or delays by MTO, or from failure to supply Licensed Information, or from inaccurate, incomplete or out -of -date information contained in any Licensed Information. (e) The Requester releases and forever discharges the Government of Ontario (and the Government of Ontario's officers, employees, agents and contractors) from any Claims relating to any Warranties contemplated in section 15.2(a), from any liability contemplated in sections 15.2(b) and 15.2(c) and from any Damages or Claims contemplated in section 15.2(d). 15.3 Survival. The provisions of this Article 15 shall survive the expiry or termination of this Agreement for any reason. Page 89 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -14- ARTICLE 16 DEFAULT AND REMEDIES 16.1 Events of Default. "Events of Default" shall include any one or more of the following: (a) the Requester becomes bankrupt or insolvent, goes into receivership, or takes the benefit of any statute from time to time in force relating to bankrupt or insolvent debtors; (b) if the Requester is a corporation, an order is made or resolution passed for the winding up of the Requester, or the Requester is dissolved; (c) the Requester ceases to carry on business in the normal course; (d) the Requester has submitted false or misleading information to MTO (including false or misleading information in the Application) or makes a false representation in this Agreement or the Application; (e) the Requester has failed to update the information contained in the Application or has failed to review and re -verify such information in accordance with section 12.1; (f) there is a material degradation in the security measures (including security products, tools or procedures) that the Requester has in place to protect the Licensed Information from improper access, loss, alteration or destruction; (g) the Requester commits a Privacy Default and such Privacy Default is not curable or such Privacy Default is curable but the Requester fails to cure it as expeditiously as possible and in any event within twenty four (24) hours of receiving notice of such Privacy Default from MTO; (h) the Requester fails to make any payment as required under this Agreement, or if payment is in the form of a cheque or other negotiable instrument, such payment is rejected for not sufficient funds; W the Requester fails to meet any other term or condition of this Agreement (excluding any other default expressly referred to in this section 16.1) and such default is not curable or such default is curable but the Requester fails to cure it within ten (10) days of receiving notice of such default from MTO; or (j) the Requester is, or is deemed to be, in default under any other agreement(s) with MTO relating to access or use of any Confidential Information. 16.2 Remedies. (a) Upon the occurrence of an Event of Default, MTO shall have the right, effective immediately without notice, to: W terminate this Agreement; (ii) suspend or cancel any or all of the Requester's accounts with MTO; (iii suspend or cancel any or all of the rights or privileges of the Requester under this Agreement; and/or (iv) suspend or cancel any or all of the Passwords issued by MTO to the Requester. (b) MTO may also pursue any appropriate administrative, civil and/or criminal remedies for default of any of the provisions of this Agreement. 16.3 Notification of Default. The Requester shall notify MTO in writing immediately upon becoming aware that an Event of Default has occurred, or that any other provisions of this Agreement have been breached. Page 90 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -15- ARTICLE 17 AMENDMENTS TO THE AGREEMENT 17.1 Amendments. The Requester acknowledges and agrees that MTO shall have the right unilaterally to amend this Agreement from time to time including, without limitation, any of the Fees set out in Schedule "C ". Such amendments shall become effective ten (10) days after the Requester's receipt of written notice of such amendments (or at any later time specified in such notice). 17.2 Termination. If the Requester receives a notice of any amendments under section 17.1, the Requester shall have the right to terminate this Agreement effective upon written notice to MTO. ARTICLE 18 PROMOTIONAL MATERIAL 18.1 Accuracy. Any promotional or informational material disseminated by the Requester in connection with the Licensed Information or access to the Licensed Information shall be accurate and shall be consistent with the terms and provisions of this Agreement, and shall contain only factual statements relating to the Licensed Information and the purpose and conditions of access as set forth in this Agreement. For the avoidance of doubt, nothingiin this section 18.1 shall be deemed to limit or release the Requester from any of the confidentiality, security or privacy provisions of this Agreement. 18.2 MTO Trade -Marks and Logo. Neither MTO's name nor any MTO trade -mark or logo may be used by the Requester without the prior written consent of MTO. ARTICLE 19 GENERAL PROVISIONS 19.1 Force Majeure. Neither party shall be liable for delay or failure in performance resulting from acts beyond the control of that party, including acts of God, acts of war, fires, floods or other disasters, strikes, walkouts, lockouts, communication line or power failure, or failure, inoperability or destruction of computer hardware, software or firmware (unless caused by the negligence of that party), or any negligence, wilful misconduct or breach of this Agreement by the other party. 19.2 Non - Assignability. The Requester may not assign or transfer this Agreement, or any right under this Agreement, either in whole or in part. Subject to this restriction, this Agreement shall enure to the benefit of, and bind, the parties and their respective successors and assigns. 19.3 Notices. (a) Any notification or other communication to be given under the provisions of this Agreement shall be in writing and shall be given by personal delivery, or sent by electronic facsimile, or mailed by a prepaid registered mail or delivered by courier service. Subject to change by either party with written notice in accordance with this section 19.3, notices shall be addressed in accordance with the addresses set out in Part A -2 of Schedule "A ". (b) Notices shall be deemed to have been effectively given on the date of personal delivery, the date of electronic facsimile transmission or the date of delivery by courier service, or in the case of service by registered mail five (5) days after the date of mailing. Page 91 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -16- 19.4 Waiver. Failure of MTO to complain of any act or failure to act of the Requester, or to declare the Requester in default, shall not constitute a waiver by MTO of its rights under this Agreement. No waiver of any rights under this Agreement shall be effective unless in writing, duly executed by MTO. 19.5 Entire Agreemenf, This Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes all prior understandings, discussions, negotiations, commitments, Warranties and agreements, written or oral, express or implied, between them. Except as expressly provided in this Agreement and subject to section 17. 1, this Agreement may be amended or modified only by an instrument in writing executed by each of the parties. 19.6 . Survival of Provisions. Obligations under this Agreement which expressly or by their nature survive the termination or expiry of the Term will continue in force subsequent to, and in spite of, such termination or expiry until they are satisfied or by their nature expire. 19.7 Governing Law. This Agreement shall be deemed to have been formed in the Province of Ontario and shall be governed by the laws in force in Ontario (and the laws of Canada applicable in Ontario). Each party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any matter arising under, or related to, this Agreement. 19.8 French Language Clause (Quebec). The parties hereto confirm that it is their wish that this Agreement as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language only. Les parties aux presentes confirment leur volontd que cette convention de m @me que tons let documents, y compris tons avis, s'y rattachant, soient xejg4s.; en langue anglaise seulement. 19.9 Interpretation. (a) Headings are not to be considered part of this Agreement, and are included solely for convenience and are not intended to be full or accurate descriptions of the content of the paragraph. (b) In this Agreement, words importing the singular number include the plural and vice versa, words importing the masculine gender include the feminine and neuter genders; words importing persons include individuals, sole proprietors, corporations, partnerships, trust and unincorporated associations. (c) Unless) _ J otherwise in this Agreement, a reference in this Agreement to a statute refers to that statute as in force at the Effective Date and as the same may be amended, re- enacted, consolidated and/or replaced from time to time, and any successor statute. A reference to a statute shall be deemed to include any regulations made under that statute. (d) For purposes of this Agreement, unless otherwise provided in this Agreement, a period of days or Business Days shall be deemed to: (i) begin on the first day after the event that began that period, and (ii) end at 5:00 p.m. (Eastern Standard Time or Eastern Daylight Savings Time, #s the case may be) on the last day or Business Day, as the case may be, of t�triod. (e) In this Agreement the words "include ", "includes" or "including" mean "include without limitation ", "includes without limitation" and "including without limitation ", respectively, and the words following "include ", "includes" or "including" shall not be considered to set forth an exhaustive list. Page 92 of 102 15.b) A By -law to Authorize the Execution of an Agreement be -17- IN WITNESS WHEREOF, each of the parties have executed and delivered this Agreement as of the date first above written. HER MAJESTY THE QUEEN in right of Ontario, as represented by the Minister of Transportation For Paul Brown, Directo , 'c using Services ranch By: Wilma Piovesan Manager, Information Management Services Oversight Office Date 20 1-3 REQUES r'� y By: Pri t N Title, Date-, I have the authority to bind the organization. Page 93 of 102 15.b) A By -law to Authorize the Execution of an Agreement be SCREDULE "A" SPECIFICATIONS Part A -1 A. Licensed Information: PLT004 - Plate/VIN by Date Abstract with Address Authorized Use(s) AU15 - Government use for program delivery where authorized by statute. To enforce the following By -laws: 1997 -095, Section 5.25 of Comprehensive Zoning By -law; 2010 -075, Regulate Signs and other Advertising Devices; 2010 -076, Land in a Clean and Clear Condition; 2011 -030, Regulation of the Place and Use of Elections Signs; 2010 -189, Off Road Vehicles; 2013 -126, License and Regulate Refreshment Vendor; 2008 -159, Removal and Piling of Snow; 2005 -133, Smoking in Public Places; 2011 -177, Appendix A of License and Control of Canines; 2012 -143, Towing By -law as amended; 2012 -167, Noise By- law; 2012 -180, Prohibit Heavy Truck Traffic on Certain Highways; 2012 -067, Fireworks By -law; 2012 -183 Municipal Parkland By -law; where a vehicle is used in the commission of the offence and excluding parking offences under POA Part II. C. Delivery Channels: (a) For Licensed Information Requests: Internet (b) For Licensed Information Responses: Internet D. List of Supporting Documents: Security Statement, 9999 -12 -31 Reference to Legislation/By -Laws, 9999 -12 -31 Authorized Application Signor Data & Signature, 9999 -12 -31 E. Prepaid Account: Yes ( ) No (x) Security Provisions and Standards: Security Provisions: The administration offices are locked and monitored by an extemally monitored security system at night and weekends. All access doors are kept locked during business hours with the exception of the front doors. All visitors enter through the front doors and if they will be going beyond the main foyer they are asked to sign in and wear a visitors tag. They are then escorted to the area of the building they are visiting and escorted out of the building when they are finished. All hard files are kept in locked drawers. All computers with Access to ARIS are username and Password protected. Page 94 of 102 15.b) A By -law to Authorize the Execution of an Agreement be Part A -2 A. Addresses for Notice: (a) For MTO Information Management Services Oversight Office Main Floor, Building "A" 2680 Keele Street Downsview ONTARIO M3M 3E6 Attention: Coordinator, Business Information Services Unit Telephone: (416) 246 -7112 Facsimile: (416) 235 -4465 (b) For the Requester THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Physical Address: 148 Line 7 S Oro, ONTARIO LOL 2X0 CANADA Mailing Address: 148 Line 7 South, P.O. Box 100 Oro, ONTARIO LOL 2X0 CANADA Attention: Mr. Douglas Irwin, Clerk Telephone: (705) 487 -2171 x0 Facsimile: (705) 487 -0133 B. List of Authorized Staff. Mr. Robert Belsey, Municipal Law Enforcement Officer Mr. Douglas Irwin, Clerk Mr. Curtis Shelswell, Chief Municipal Law Enforcement Officer Ms. Jennifer Jermey, Records Clerk C. List of Authorized Premises: Account: 11459 -001 Account Contact: Irwin, Douglas (Mr.), Jermey, Jennifer (Ms.) Physical Address: 148 Line 7 S Oro, ONTARIO LOL 2X0 CANADA Page 95 of 102 15.b) A By -law to Authorize the Execution of an Agreement be SCHEDULE "B" REQUESTER EMPLOYEE SECURITY STATEMENT 11459 Employee Name: Division: Position #: 1. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Requester ") is licensed to receive confidential and personal information (the "Information ") from files and data bases administered by the Ontario Ministry of Transportation ( "MTO "). MTO is committed to protecting this Information from unauthorized access, use or disclosure. The following policies have been adopted to address employees' responsibilities for handling and protecting this Information. 2. As an employee of the Requester, you may access this Information only when necessary to perform your duties as such employee in the course of your employment, and only for the following purposes: AU 15 - Government use for program delivery where authorized by statute. To enforce the following By -laws 1997 -095, Section 5.25 of Comprehensive Zoning By -Law; 2010 -075, Regulate Signs and other Advertising Devices; 2010 -076, Land in a Clean and Clear Condition; 2011 -030, Regulation of the Place and Use of Elections Signs; 2010 -089, Off Road Vehicles; 2013 -126 License and Regulate Refreshment Vendor; 2008 -159, Removal and Piling of Snow; 2005 -133, Smoking in Public Places; 2011 -177, Appendix A of License and Control of Cannies; 2012 -143, Towing By -law as amended; 2012 -167, Noise By -law; 2012 -180, Prohibit Heavy Truck Traffic on Certain Highway; 2012 -067, Fireworks By -law; 2012 -183 Municipal Parkland By -law; where a vehicle is used in the commission of the offence and excluding parking Offences under POA Part II. 3. You must not access or use this Information for personal reasons. (Examples of inappropriate access or misuse of Information include, but are not limited to: making inquiries for personal use or processing transactions on your own records or those of your friends or relatives; accessing Information about another person, including locating their residence address, for any reason not related to your work responsibilities or not authorized by the Requester.) 4. You may disclose Information only to individuals who have been authorized to receive it through appropriate procedures which have been authorized by MTO. (Examples of unauthorized disclosures include but are not limited to: looking up someone's address for a friend.) 5. You must take reasonable precautions to maintain the secrecy of any password you use to access Information electronically. Reasonable precautions include, but are not limited to: not telling others your password or knowingly allowing them to observe while you enter it at a terminal; and frequently changing your password (and, if you suspect your password has been used by someone else, changing it immediately and notifying the Requester); and selecting random passwords that are not easy for others to guess. 6. You must take reasonable precautions to protect data entry terminals and equipment from unauthorized access. Reasonable precautions include, but are not limited to: not leaving your terminal unattended while you are logged onto the system; exiting the database which contains any Information when you leave your workstation; securing your terminal with a locking device if one has been provided; storing in a secure place any user documentation to programs through which electronic access to any Information may be gained; and reporting any suspicious circumstances or unauthorized individuals you have observed in the work area to the Requester. I have read and I understand the security policies stated above, and will comply with them and any other security policies issued in the future by the Requester, MTO. I understand that failure to comply with these policies may result in disciplinary action by the Requester and/or civil or criminal prosecution in accordance with applicable statutes. Signature of Employee Date Witnessed By Date Page 96 of 102 SCHEDULE "C" FEESCHEDULE Subject to Licensed Information product(s) and Authorized Use(s) specified in Part A -1 of Schedule "A ". Fees subject to change without notice. Connectivity: The connectivity costs will include a one time set -up fee of $250.00 for a Personal Computer (PC) connection. In addition, there will be recurring and usage charges for all hardware, software, and services required to connect to and use ARTS. Government Price Schedule No per - transaction fees apply. v c� cD QO 4 O O fV CP D N O D c 3 O M. N CD CD M x CD 0 c 0 O h v D CQ CD CD 3 CD r-r (D 15.b) A By -law to Authorize the Execution of an Agreement be SCHEDULE "D" AUDIT, INSPECTION AND REVIEW 1. Right of Audit. MTO shall each have the right, from time to time, to Audit such of the Requester's businesses and operations as relate to or are involved in the performance of the Requester's obligations under this Agreement, including: (a) the Requester's security arrangements (including the Security Statements and Contractor Security Agreements), and the Requester's books and records; and (b) any media of, or in the possession of, the Requester that contain any Confidential Information. 2. Timing of Audits. The Audits contemplated in section 1 may be conducted at any time during the Requester's normal business hours upon 24 hours' prior written notice (or, in the case of Audits relating to possible Privacy Defaults, without prior notice). 3. Authorized MTO Representatives. MTO shall have the right to engage third party representatives to perform Audits contemplated in section 1. 4. Privacy Compliance. (a) Privacy - related Audits. Without limiting the generality of section 1, MTO shall have the right to conduct the Audits contemplated in section 1, to measure the Requester's compliance with: (A) the Privacy Laws; (B) the provisions of this Agreement relating to the Requester's compliance with the Privacy Laws; (C) the provisions of Articles 4 to 8 inclusive; or (D) any other provisions of this Agreement that relate to Personal Information or the Processing of Personal Information. (b) Privacy Compliance Meetings. In addition to performing the Audits contemplated in section 4 (a), MTO may require the Requester to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 4 (a). Such meetings shall be held at such times and places as MTO may mutually agree upon with the Requester from time to time, acting reasonably. However, if as a result of any such Audit MTO has reason to believe that the Requester has committed a Privacy Default, MTO may require such meeting to be held within one (1) Business Day of MTO's notifying the Requester in writing that MTO wishes to hold such meeting. 5. Performance Reviews. (a) Audits Relating to Overall Performance. Without limiting the generality of section 1, MTO shall have the right to conduct the Audits contemplated in section 1, to measure the Requester's overall performance of its obligations under this Agreement. (b) Meetings to Review Overall Performance. In addition to performing the Audits contemplated under section 5 (a), MTO may require the Requester to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 5 (a). Such meetings shall be held at such times and places as MTO (as the case may be) may mutually agree upon with the Requester from time to time acting reasonably. 6. Location and Manner of Audits. The Audits contemplated in section 1 may be conducted on -site at the location(s) of any of the Requester's Authorized Premises, including the location(s) of any of the following: (a) the Security Statements or Contractor Security Agreements, or the Requester's books and records; or (b) any media of, or in the possession of, the Requester that contain any Confidential Information. Such Audits may be conducted in whole or in part by remote electronic means if the Requester's electronic systems have the functional capability of facilitating such remote Audits. Page 98 of 102 15.b) A By -law to Authorize the Execution of an Agreement be 7. Requester Co- operation. The Requester shall fully co- operate with MTO in facilitating the conduct of any Audits contemplated in section 1, including providing such access, documentation, information, copies of documentation and information, and assistance as MTO may reasonably request for the purpose of such Audits. 8. Duration of Audit Rights. MTO's Audit rights as contemplated in section 1 shall be in force from the Effective Date to the date which is three (3) years after the expiration or termination of the Agreement. 9. Correction of Defaults. Without limiting or restricting any other obligations of the Requester, or rights or remedies of MTO, under this Agreement or at Law or in equity: (a) the Requester shall, at its sole cost, correct any breaches by the Requester of this Agreement (including any Privacy Defaults) identified through an Audit (and in respect of which MTO has provided written notification to the Requester). Such corrections shall be done as expeditiously as reasonably possible and in any event within the applicable cure period (if any) provided in section 16.1 of the Agreement. (b) the Requester shall notify MTO in writing upon such breaches having being corrected. (c) After receiving such notification from the Requester, MTO may conduct a follow up Audit to confirm that all such breaches have been corrected. (d) If requested by MTO in the notification referred to in section 9 (a): (i) the Requester shall provide to MTO, within ten (10) days of receiving the notification referred to in section 9 (a) (or within five (5) days of receiving such notification, where such breaches constitute Privacy Defaults), a reasonable written plan outlining the steps the Requester will take to ensure that such breaches do not occur again; and (ii) the Requester shall implement the plan provided under section 9 (d)(i). 10. Costs of Audit. (a) All costs incurred by the Requester in connection with the Audits contemplated in section 1 shall remain solely the responsibility of the Requester. (b) Except as provided in section 10 (c), all costs incurred by MTO in connection with the Audits contemplated in section 1 shall remain solely the responsibility of MTO. (c) Despite section 10 (b), if any Audit contemplated in section 1 discloses a material uncured default by the Requester under this Agreement, then the Requester shall reimburse MTO for MTO's reasonable and verifiable costs of conducting such Audit. 11. Without Prejudice. For the avoidance of doubt, nothing in this Schedule "D" shall be deemed to limit or prejudice the rights of MTO or the obligations of the Requester under any other provision of this Agreement or at law or in equity. Page 99 of 102 15.c) A By -law to Amend By -law No. 2011 -013, Being a By -law ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -182 A By -law to Amend By -law No. 2011 -013, Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that every municipality and local board shall pass a procedure by -law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that the procedure by -law shall provide for public notice of meetings; AND WHEREAS pursuant to subsection 54(2) of the Planning Act, R.S.O., 1990, c.P. 13, as amended, the authority for the giving of consents as defined in Section 50 of the Act may be delegated by the Council to a Committee of Adjustment; AND WHEREAS pursuant to subsection 54(2.1) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, the delegation of authority for the giving of consents is deemed to include authority to give approvals under subsection 50(18) and to issue certificates of validation under section 57 of the Act; AND WHEREAS Section 45 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, establishes the authority of the Committee of Adjustment to authorize Minor Variances from a by -law in effect under Section 34 and passed under Section 38; AND WHEREAS pursuant to subsection 54(7) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, a delegation of authority made by the Council may be subject to such conditions as the Council by by -law provides; AND WHEREAS the Council of the Township of Oro - Medonte has adopted a By -law to Constitute a Committee of Adjustment. AND WHEREAS the Council of the Township of Oro - Medonte has adopted a By -law to Govern the Proceedings of Council and Committees /Technical Support Groups of Council in the Township of Oro - Medonte under the authority of the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 238(2); AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte did on the 2611 day of January 2011, adopt By -law No. 2011 -013, being a by -law to govern the proceeds of the Committee of Adjustment in the Township of Oro - Medonte; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte does not deem it expedient to amend the commencement hour of the Committee of Adjustment meetings; Page 100 of 102 15.c) A By -law to Amend By -law No. 2011 -013, Being a By -law ... NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That Section 3.0 b) of Schedule "A" to By -law No. 2011 -013 be deleted in its entirety and replaced with: "b) The regular schedule of meetings for the Committee shall be on the third Thursday of each month commencing at 9:30 a.m. or on such other day and /or time as may be determined from time to time." 2. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 101 of 102 18.a) Being A By -Law to Confirm the Proceedings of the Counc... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -180 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, October 2, 2013 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Council at its Council Meeting held on Wednesday, October 2, 2013, 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. 3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2ND DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 102 of 102