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08 17/18 2021 Council Agenda
The Township of Oro-Medonte Council Meeting Agenda Electronic Meeting 4 # Tuesday, August 17, 2021 Township of t+Pi 12:00 p.m. Noon - Closed Session Proud Heritage,Exciting Future Wednesday, August 18, 2021 9:00 a.m. - Open Session Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte facilities including the Administration Centre was closed to the public. Effective Monday, July 5, 2021 at 8:30 a.m., the Administration Centre was reopened to receive the public by Appointment only. We will continue to offer services online and over the telephone. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Open Forum or IDS Committee Participation Form • Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. ** Tuesday, August 17, 2021 ** 2. Call to Order - Moment of Reflection: Page 1 of 528 Council Meeting Agenda - August 17, 2021 The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 3. Adoption of Agenda: a) Motion to Adopt the Agenda. 4. Disclosure of Pecuniary Interest: 5. Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO re: Labour relations/employee negotiations (Staffing Updates). d) Councillor Scott, Chair, Human Resources Committee re: Personal matters about an identifiable individual (Performance Management). e) Robin Dunn, CAO; Michelle Jakobi, Acting Director, Environmental Services re: Solicitor-client privilege; Litigation affecting the municipality (Zone 1 Water). f) Robin Dunn, CAO re: Solicitor-client privilege; Litigation affecting the municipality (Cannabis). g) Andria Leigh, Director, Development Services re: Solicitor-client privilege (Line 6 Realignment). h) Andria Leigh, Director, Development Services re: Solicitor-client privilege (Short Term Rentals (Airbnb)). Page 2 of 528 Council Meeting Agenda - August 17, 2021 i) Andria Leigh, Director, Development Services re: Acquisition/disposition of land (Land Acquisition for Municipal Purposes). j) Yvonne Aubichon, Clerk re: Acquisition/disposition of land; Solicitor-client privilege (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))). 6. ** Wednesday, August 18, 2021 ** 7. Minutes of Council and Committees: 8 - 20 a) Minutes of Council meeting held on Tuesday, July 20, 2021. 21 - 25 b) Minutes of Special Council meeting held on Wednesday, July 28, 2021 . 26 - 28 c) Minutes of Human Resources Committee meeting held on Monday, August 16, 2021 (to be distributed). 8. Recognition of Achievements: None. 9. Deputations/Presentations: 29 - 53 a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors, Township of Oro-Medonte, Integrity Commissioner and Closed Meeting Investigator; and Presentation by John Mascarin, Aird & Berlis LLP re: Draft Code of Conduct for Members of Township Council and the Township's Local Boards. 54 - 62 b) Presentation by Jack Ammendolia, Watson & Associates Economists Ltd. in Association with Dr. Robert J. Williams re: 2021 Ward Boundary and Council Composition Review (WBCCR), Township of Oro-Medonte, Final Report dated August 18, 2021 [Refer to Items 19e) and 19f)]. 63 - 83 c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Steel (Napoleon) re: Proposed Employment Area Expansion, Request for Minister's Zoning Order (MZO) Support, Line 6 South and 17 Guest Road. 10. Public Meetings/Public Hearings: 84 - 127 a) 11.00 a.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Part of Lot 15, Concession 8 (Medonte), Township of Oro-Medonte, 81 Moonstone Road East, 2018-ZBA- 09 (2353970 Ontario Inc.) and Consent Applications 2021-B-26, 2021-B-27 and 2021-B-28, 2353970 Ontario Inc. [Refer to Items 12o) and 19g). Page 3 of 528 Council Meeting Agenda - August 17, 2021 11. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda. Refer to Procedural By-Law No. 2017-165 for additional information. 12. Reports of Municipal Officers for Action: 128 - 194 a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / Communications re: Tourism Product Gap Analysis & Policy Recommendation Award - RFP # CS2021-02. 195 - 199 b) OCS2021-18, Ryan Anderson, Manager, Facilities and Parks re: Arena and Community Halls — COVID 19 Update. 200 - 207 c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Report. 208 - 212 d) ES2021-03, Michelle Jakobi, Acting Director, Environmental Services; and Shannon Johnson, Chief Financial Officer/Treasurer re: Municipal Services Corporation (MSC) Asset Transfer Policy. 213 - 217 e) OCS2021-15, Justin Metras, Manager, Infrastructure and Capital Projects re: Amendment to Capital Budget — Bridge 4 Emergency Repair, Design and Construction of a Replacement Structure. 218 - 222 f) OCS2021-19, Karla Musso-Garcia, Manager, Operations re: Intersection Review — Oakmont Avenue and Tanglewood Crescent. 223 - 225 g) OCS2021-20, Roz Llewellyn, Coordinator, Community Recreation re: Carley Hall Facility Rental Agreement with Brookstone Academy. 226 - 228 h) OCS2021-21, Justin Metras, Manager, Infrastructure and Capital Projects re: Supply and delivery of one 44, 1 ton 2022 Pick-up Truck. 229 - 230 i) FES2021-3, Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: 9-1-1 C.E.R.B. Services Agreement [Refer to Item 19h)]. 231 - 233 j) FES2021-4, Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Fire Dispatch Services Agreement [Refer to Item 19i)]. 234 - 236 k) FES2021-5, Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Tanker 3. 237 - 246 1) DS2021-117, Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval by Horseshoe Valley Lands Ltd, for 43-OM- 93002 & 43-CD-93002 (Timber Ridge). 247 - 258 m) DS2021-118, Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval by Horseshoe Valley Lands Ltd. for Horseshoe Ridge Ph. 4 and Future Development Lands (43-OM-20001). Page 4 of 528 Council Meeting Agenda - August 17, 2021 259 - 263 n) DS2021-119, David Saunders, Manager, Development Engineering re: Pre- Servicing Agreement with 2150505 Ontario Inc., Eagles Rest Estates, File# 2013-SUB-01 [Refer to Item 19c)]. 264 - 280 o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2021-ZBA-09 and Consent Applications 2021-B-26, B-27 & B-28 by 2353970 Ontario Inc., 81 Moonstone Road East. 281 - 288 p) DS2021-121, Andria Leigh, Director, Development Services; and Andy Karaiskakis, Senior Planner re: Official Plan Review and Comprehensive Zoning By-law Status Update. 289 - 362 q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Digitalization of Records and Information Management Program Award - RFP # CS2021-03. 13. Reports of Municipal Officers for Information Only: 363 - 372 a) Robin Dunn, CAO re: Update on COVID-19 Actions. 373 - 376 b) FI2021-14, Janice McDonald, Accounting Clerk re: Statement of Accounts, Quarter 1 - 2021 , January 1 , 2021 to March 31, 2021. 377 - 380 c) FI2021-15, Janice McDonald, Accounting Clerk re: Statement of Accounts, Quarter 2 - 2021 , April 1, 2021 to June 30, 2021. 381 - 416 d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council and CAO re: Corporate Projects Status Update — May, June 2021. 14. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. Provides an opportunity for the Township's representatives at the County of Simcoe, and the Council members appointed as the Township's representatives at the Township's Partners and Agencies, to deliver updates on the activities of the County of Simcoe and the Township's Partners and Agencies. 15. Announcements: 16. Consent Agenda: 417 - 418 a) Announcements of Interest to the Public: 1 . Township of Oro-Medonte, Administration Centre Closed, Civic Holiday, Monday, September 6, 2021 , Labour Day. 2. Township of Oro-Medonte, September 1, 2021 Development Services Committee Meeting, Commencement Time 4:30 p.m. Page 5 of 528 Council Meeting Agenda - August 17, 2021 419 - 441 b) Severn Sound Environmental Association (SSEA) and re: Quarterly report and Board and SPA meeting highlights from the SSEA 1st and 2nd Quarter 2021 . Staff Recommendation: Receive for Information Only. 442 - 451 c) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, June 25, 2021 . Staff Recommendation: Receive for Information Only. 452 - 454 d) Correspondence dated July 26, 2021 from Susan McKinnon, Manager, Budget and Business Analysis, Lake Simcoe Region Conservation Authority (LSRCA) re: LSRCA 2022 Preliminary Budget Submission. Staff Recommendation: Receive and Refer to 2022 Budget Deliberations. 455 - 457 e) Correspondence dated July 19, 2021 from The Corporation of The Town of Cobourg re: Support for Bill C-6 An Act to amend the Criminal Code. (Conversion Therapy). Staff Recommendation: Receive for Information Only. 458 - 460 f) Correspondence dated June 24, 2021 from City of Toronto re: Bill 177 Stronger Fairer Ontario Act Changes to Provincial Offences Act (Ward All). Staff Recommendation: Receive, Support, Advise under Mayor's Signature. 461 - 464 g) Correspondence from the City of Toronto re: Building the Early Learning and Child Care System Toronto Needs (Ward All). Staff Recommendation: Receive, Support, Advise under Mayor's Signature. 465 - 490 h) County of Simcoe correspondence re: Continuing Municipal Concerns on Production of Cannabis for Medical Purposes. Staff Recommendation: Receive for Information Only. 17. Communications/Petitions: None. 18. Notice of Motions: None. 19. By-Laws: 491 a) 2021-088: A By-law to Appoint Building Inspectors and to Repeal By-laws 2019-090 and 2019-068. 492 b) 2021-090: A By-law to Appoint a Deputy Chief Building Official and to Repeal By-law No. 2017-113. 493 - 504 c) 2021-091: A By-law to Authorize the Execution of a Pre-Servicing Agreement with Eagles Rest Estates (2150505 Ontario Inc.) — Draft Plan of Subdivision for: 1552 Bass Lake Sideroad West, Oro Cons 3 and 4 Pt Lot 5 RP, 51 R37221 Parts 3 and 4, Formerly in the Township of Oro, Township of Oro-Medonte, County of Simcoe. Page 6 of 528 Council Meeting Agenda - August 17, 2021 505 d) 2021-092: A By-law to Amend By-law 2021-020 "A By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers". 506 - 510 e) 2021-093: Being a By-Law to Re-divide the Ward Boundaries within the Township of Oro-Medonte (Schedule A to be attached following Council's decision). 511 f) 2021-094: Being a By-Law to Change the Composition of Council for the Township of Oro-Medonte. 512 - 513 g) 2021-096: A By-law to amend the zoning provisions which apply to lands at Part of West Half of Lot 15, Concession 8 (Medonte) Township of Oro- Medonte 2021-ZBA-09 (2353970 Ontario Inc.). 514 - 520 h) 2021-097: Being a By-law to Authorize the Execution of an Agreement for 9- 1-1 Central Emergency Reporting Bureau (C.E.R.B.) Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2020-131. 521 - 527 i) 2021-098: Being a By-law to Authorize the Execution of an Agreement for Fire Dispatch Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2020-132. 20. Closed Session Items (Unfinished Items): None. 21. Confirmation By-Law: 528 a) 2021-099: Being a by-law to confirm the proceedings of the Council meeting held on Tuesday, August 17 and Wednesday, August 18, 2021 . 22. Adjournment: a) Motion to Adjourn. Page 7 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . - 4V!!�ft The Township of Oro-Medonte T Council Meeting Minutes Township of to Electronic Meeting Proud Heritage,Exciting Future Tuesday, July 20, 2021 9:00 a.m. 2018-2022 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw 'ie Staff Robin Dunn, Chief Administrative Officer (present from 12.55 p.m. to Present: adjournment); Yvonne Aubichon, Clerk; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Hugh Murray, Director, Fire & Emergency Services/Fire Chief; Tamara Obee, Manager, Human Resources, Health & Safety; Michelle Jakobi, Acting Director, Environmental Services; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Justin Metras, Manager, Infrastructure and Capital Projects; Jennifer Whitley, Coordinator, Economic Development/Communications, Janette Teeter, kT pervisor, Clerk's Services/Deputy Clerk; Patrick Howse, Information chnology Technician (IT) Council and staff participated via ZOOM platform 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair at the above noted time and called the meeting to order. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Page 1 of 13 Page 8 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C210720-1 Moved by Veitch, Seconded by Scott A04 Be it resolved that the agenda for the Council meeting of Tuesday, July 20, 2021 be received and adopted. Carried. Motion No. C210720-2 VS Moved by Greenlaw, Seconded by Keane Be it resolved that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement, if necessary. Carried. 3. Disclosure of Pecuniary Interest: None declared. Aw 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C210720-3 Moved by DeSousa, Seconded by Hough Be it resolved that we do now go in Closed Session at 9.02 a.m. to discuss • Acquisition/disposition of land (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))); and (Land Acquisition for Municipal Purposes). Carried. Page 2 of 13 Page 9 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. b) Motion to Rise and Report. Motion No. C210720-4 Moved by Keane, Seconded by Greenlaw Be it resolved that we do now Rise at 10.05 a.m. and Report on the Closed Session Items 4 c) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))); d) Donna Hewitt, Director, Corporate Services; and Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Acquisition/disposition of land (Land Acquisition for Municipal Purposes). 4f x Carried. c) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))). The following staff were present: Yvonne Aubichon, Clerk; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services. Motion No. C210720-5 Moved by Scott, Seconded by Veitch Be it resolved 410101h. 1qW Abyki., 1. That the confidential correspondence dated July 9 and July 12, 2021 and presented by Yvonne Aubichon, Clerk re: Acquisition/disposition of land (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))) be received. 2. That staff proceed as directed. Carried. Page 3 of 13 Page 10 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. d) Donna Hewitt, Director, Corporate Services; and Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Acquisition/disposition of land (Land Acquisition for Municipal Purposes). The following staff were present: Yvonne Aubichon, Clerk; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Hugh Murray, Director, Fire & Emergency Services/Fire Chief. Motion No. C210720-6 Moved by Scott, Seconded by Veitch Be it resolved 1. That the confidential verbal information presented by Donna Hewitt, Director, Corporate Services; and Hugh Murray, Director, Fire & Emergency Services/Fire Chief re- Acquisition/disposition of land (Land Acquisition for Municipal Purposes) be received. 2. That staff and legal counsel proceed as outlined. Carried. 5. Minutes of Council and Committee` a) Minutes of Council meeting held on Wednesday, June 23, 2021. 4 b) Minutes of Special Council meeting held on Friday, June 25, 2021 . Motion No. C210720-7„ Moved by Hough, Seconded by DeSous Be it resolved that the draft a) Minutes of Council meeting held on Wednesday, June 23, 2021 ; and b) Minutes of Special Council meeting held on Friday, June 25, 2021 be received and adopted as printed and circulated. Carried. Page 4 of 13 Page 11 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. 6. Recognition of Achievements: a) Catherine McLean, Intermediate Planner re: Registered Professional Planner (RPP) Designation from the Ontario Professional Planners Institute (OPPI). Motion No. C210720-8 Moved by Veitch, Seconded by Keane Be it resolved that Catherine McLean, Intermediate Planner, be recognized, under the Mayor's signature, for receiving the Registered Professional Planner (RPP) Designation from the Ontario Professional Planners Institute. Carried. 7. Public Meetings: None. 8. Deputations/Presentations: a) Deputation dated July 20, 2021 by Carmine Stumpo, President and CEO, Orillia Soldiers' Memorial Hospital re: Future Hospital Update. Motion No. C210720-9 Moved by Greenlaw, Seconded by Hough Be it resolved that the PowerPoint presentation dated July 20, 2021 and provided by Carmine Stumpo, President and CEO; and Tom Roberts, VP Corporate Services and CFO, Orillia Soldiers' Memorial Hospital re: Future Hospital Update be received. Carried. Page 5 of 13 Page 12 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. b) Presentation dated July 12, 2021 by Jennifer Whitley, Coordinator, Economic Development/Communications; and Adam Fine, Fathom Studio re: Wayfinding Strategy. Motion No. C210720-10 Moved by DeSousa, Seconded by Veitch Be it resolved 1 . That the presentation dated July 12, 2021 and provided by Jennifer Whitley, Coordinator, Economic Development/Communications; and Adam Fine, Fathom Studio re: Wayfinding Strategy be received. 2. That staff report back to Council, prior to the end of 2021, with next steps in alignment with the 2021-2022 approved budget allocations. Nhh" Carried. c) Presentation by Watson & Associates Economists Ltd. in Association with Dr. Robert J. Williams re: 2021 Ward Boundary and Council Composition Review, Township of Oro- Medonte, Final Report dated July, 2021. Motion No. C210720-11 Moved by Scott, Seconded by DeSousa Be it resolved 1. That the presentation provided by Jack Ammendolia, Watson & Associates Economists Ltd. in Association with Dr. Robert J. Williams re: 2021 Ward Boundary and Council Composition Review, Township of Oro-Medonte, Final Report dated July, 2021 be received. 2. That Council supports, in principle, a sixth ward structure. 3. That the Deputy Mayor position be appointed by Council for the 2022 election. Carried. Motion No. C210720-12 Moved by Keane, Seconded by DeSousa Be it resolved INNIEW 1. That the consultants report back on the amended option as outlined in the previous motion presented by Council. 2. That the consultants report be posted prior to end of business day on August 11, 2021 to ensure an opportunity for public review prior to the August 18, 2021 . 3. That the necessary by-laws to modify the council composition and ward boundaries within the Township of Oro-Medonte be brought forward for approval at the August 18, 2021 Council meeting. Carried. Page 6 of 13 Page 13 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. 9. Open Forum: None. 10. Reports of Municipal Officers for Action: a) OCS2021-16, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2021-10 - Nurse Practitioner Roof Replacement. Motion No. C210720-13 Moved by Keane, Seconded by Scott X440L Be it resolved Ae 1. That OCS2021-16, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2021-10 - Nurse Practitioner Roof Replacement be received and adopted. 2. That Tender OCS2021-10—Nurse Practitioner Roof Replacement be awarded to Sinclair Industrial Roofing Inc. in the amount of $51 ,940.86 plus HST. 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township. 4. That the bidders be thanked and notified under the Director, Operations and Community Services' signature. Carried. b) DS2021-116, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Pound Services Agreement [Refer to Item 17a)]. Motion No. C210720-14 elk 1%6 Moved by Hough, Seconded by Greenlaw Be it resolved ' 1. That DS2021-116, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Pound Services Agreement be received and adopted. 2. That Heartland Kennels continue to provide the Pound Services to the Township for a period of 5 years, commencing on July 1, 2021 . 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. That Heartland Kennels be advised of Council's decision under the Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer's signature. Carried. Page 7 of 13 Page 14 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. c) DS2021-094, David Yauk, GIS Technician re: Proposed Public Street Renaming: Holick Road. Motion No. C210720-15 Moved by DeSousa, Seconded by Scott Be it resolved 1 . That DS2021-094, David Yauk, GIS Technician re: Proposed Public Street Renaming: Holick Road be received and adopted. 2. That the public street "Holick Road" not be renamed to "Grapple Road" as proposed. 3. That staff work with the applicant to determine a suitable alternative and report back to Council. 1W x Carried. Ask d) DS2021-115, Andria Leigh, Director, Development Services re: 2016-SUB-01 and 2016- ZBA-01 Horseshoe Ridge Phase 4 — Ontario Lands Tribunal (OLT) Hearing Representation. Motion No. C210720-16 Moved by Keane, Seconded by DeSousa Be it resolved 1. That DS2021-115, Andria Leigh, Director, Development Services re: 2016-SUB-01 and 2016-ZBA-01 Horseshoe Ridge Phase 4 — Ontario Lands Tribunal (OLT) Hearing Representation be received and adopted. 2. That staff proceed with Option 1, as outlined in DS2021-115, in preparation for the OLT Case Management Conference (CMC) scheduled on July 27, 2021 and subsequent OLT hearing to be scheduled. qw xNk, Carried. 11. Reports of Municipal Officers for Information Only: a) Robin Dunn, CAO re: Update on COVID-19 Actions. Motion No. C210720-17 Moved by Hough, Seconded by Greenlaw Be it resolved that the report, as listed under Item #11, Reports of Municipal Officers for Information Only, be received: a) Andria Leigh, Acting CAO re: Update on COVID-19 Actions. Carried. Page 8 of 13 Page 15 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. 12. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following members of Council provided updates: Mayor H.S. Hughes, Councillors Scott, Keane and Greenlaw. 13. Announcements: None. 14. Consent Agenda: a) Announcements of Interest to the Public: 1 . Township of Oro-Medonte, Administration Centre Closed, Civic Holiday, Monday, August 2, 2021 . b) Minutes of the Barrie Public Library Board meeting held on Thursday, May 27, 2021 . Staff Recommendation: Receive for Information Only. c) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, May 28, 2021 . Staff Recommendation: Receive for Information Only. d) Nottawasaga Valley Conservation Authority, re: Minutes of meeting held on Friday, May, 28, 2021 and Highlights of meeting held on Friday, June 25, 2021 . Staff Recommendation: Receive for Information Only. e) Minutes of Orillia Public Library Board meeting held on Wednesday, June 23, 2021. Staff Recommendation: Receive for Information Only. f) County of Simcoe re: 2020 Annual Report, Housing our Future, Our Community 10-Year Affordable Housing and Homelessness Prevention Strategy. Staff Recommendation: Receive for Information Only. g) County of Simcoe re: Item Number AHA - 2021-148 dated May 21, 2021 re: Effects of Short-Term Rentals on Affordable Housing. Staff Recommendation: Receive for Information Only. h) Correspondence dated June 29, 2021 from Catherine McCullough, Board Chair, North Simcoe Victim Services (NSVC) re: Housing Concerns. Staff Recommendation: Receive for Information Only. Page 9 of 13 Page 16 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. Motion No. C210720-18 Moved by Veitch, Seconded by Keane Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public: 1 . Township of Oro-Medonte, Administration Centre Closed, Civic Holiday, Monday, August 2, 2021. A& b) Minutes of the Barrie Public Library Board meeting held on Thursday, May 27, 2021. Received for Information Only. 411W 10N c) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, May 28, 2021 . Received for Information Only. d) Nottawasaga Valley Conservation Authority, re: Minutes of meeting held on Friday, May, 28, 2021 and Highlights of meeting held on Friday, June 25, 2021. Received for Information Only. e) Minutes of Orillia Public Library Board meeting held on Wednesday, June 23, 2021 . Received for Information Only. f) County of Simcoe re: 2020 Annual Report, Housing our Future, Our Community 10-Year Affordable Housing and Homelessness Prevention Strategy. Received for Information Only. ow g) County of Simcoe re: Item Number AHA - 2021-148 dated May 21, 2021 re: Effects of Short-Term Rentals on Affordable Housing. Received for Information Only. h) Correspondence dated June 29, 2021 from Catherine McCullough, Board Chair, North Simcoe Victim Services (NSVC) re: Housing Concerns. Received for Information Only. Carried. Page 10 of 13 Page 17 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. 15.Communications/Petitions: a) Correspondence dated June 16, 2021 from Colin Nelthorpe, Chair, Board of Directors, Fierte Simcoe Pride re: Request for Proclamation of Fierte Simcoe Pride from July 26 to August 8, 2021 and a Request for a Flag Raising. Motion No. C210720-19 Moved by Greenlaw, Seconded by Hough Be it resolved 1 . That the correspondence dated June 16, 2021 from Colin Nelthorpe, Chair, Board of Directors, Fierte Simcoe Pride re: Request for Proclamation of Fierte Simcoe Pride from July 26 to August 8, 2021 and a Request for a Flag Raising be received. 2. That July 26-August 8, 2021 be proclaimed "Fierte Simcoe Pride". 3. That the flag be flown through the proclamation period. 4. That the proclamation be posted on the Township's website and the CAO's Office coordinate the flag raising in accordance with the Township's Flag Etiquette Policy and the restrictions of COVID-19. 5. That the applicant be advised of Council's decision under the Mayor's signature. Carried. b) Correspondence dated July 13, 2021 from Sylvia Stark, Executive Director, Oro- Medonte Chamber of Commerce re: Request for Letter of Support, for an Application to the Ontario Chamber of Commerce. Motion No. C210720-20 Moved by Scott, Seconded by Veitch Be it resolved % 'X 1 . That the correspondence dated July 13, 2021 from Sylvia Stark, Executive Director, Oro- Medonte Chamber of Commerce re: Request for Letter of Support for an Application to the Ontario Chamber of Commerce be received. 2. That a letter of support be forwarded under the Mayor's signature to assist the Oro- Medonte Chamber of Commerce in their application to the Ontario Chamber of Commerce. Carried. 16.Notice of Motions: None. Page 11 of 13 Page 18 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. 17.By-Laws: a) 2021-085: A By-law to Enter into an Agreement with Heartland Kennels to Provide Pound Keeper Services and to Repeal By -Law No. 2016-098. b) 2021-086: A By-law to Amend By-law No. 2021-005, A By-law to provide for restricting of traffic and parking on highways under the jurisdiction of The Corporation of the Township of Oro-Medonte. Motion No. C210720-21 Moved by DeSousa, Seconded by Scott Be it resolved that a) 2021-085: A By-law to Enter into an Agreement with Heartland Kennels to Provide Pound Keeper Services and to Repeal By -Law No. 2016-098; b) 2021-086: A By-law to Amend By-law No. 2021-005, A By-law to provide for restricting of traffic and parking on highways under the jurisdiction of The Corporation of the Township of Oro-Medonte be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 18.Closed Session Items (Unfinished Items): None. 'qV 19.Confirmation By-La a) 2021-087: Being a by-law to confirm the proceedings of the Council meeting held on Tuesday, July 20, 2021. Motion No. C210720-22 Moved by Hough, Seconded by Greenlaw Be it resolved that By-Law No. 2021-087: Being a by-law to confirm the proceedings of the Council meeting held on Tuesday, July 20, 2021 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 12 of 13 Page 19 of 528 7.a) Minutes of Council meeting held on Tuesday, July 20, 2021 . Council Meeting Minutes — Tuesday, July 20, 2021. 20.Adjournment: a) Motion to Adjourn. Motion No. C210720-23 Moved by Keane, Seconded by Veitch Be it resolved that we do now adjourn at 3.11 p.m. Carried. Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 13 of 13 Page 20 of 528 7.b) Minutes of Special Council meeting held on Wednesday, July 28, 2021 ... The Township of Oro-Medonte ,/�}TownShipof Special Council Meeting Minutes (w4a_ 'IMe Electronic Meeting Proud Heritage,Exciting Future Wednesday, July 28, 2021 10:00 a.m. 2018-2022 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Regrets: Councillor Ian Veitch J%16, Staff Robin Dunn, Chief Administrative Officer; Andria Leigh, Director, Present: Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Shannon Johnson, Director, Finance/Treasurer; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Council and staff participated via ZOOM platform. 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair at the above noted time and called the meeting to order. No The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their Page 1 of 5 Page 21 of 528 7.b) Minutes of Special Council meeting held on Wednesday, July 28, 2021 ... Special Council Meeting Minutes — Wednesday, July 28, 2021. ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. SC210728-1 Moved by Hough, Seconded by DeSousa Be it resolved that the agenda for the Special Council meeting of Wednesday, July 28, 2021 be received and adopted. Carried. se3. Disclosure of Pecuniary Interes Councillor DeSousa declared a conflict of interest on Item 6a) OCS2021-17, Shawn Binns, Director, Operations and Community Services re: Burl's Creek Event Grounds "Endless Summer Concert Series" Special Event Permits as she has just been advised that her son will potentially be involved as a service provider for these events at Burl's Creek. Councillor DeSousa turned off her video and did not participate in the discussion or vote of this item. Councillor Greenlaw declared a conflict of interest on Item 6a) OCS2021-17, Shawn Binns, Director, Operations and Community Services re: Burl's Creek Event Grounds "Endless Summer Concert Series" Special Event Permits as his company provides its services to this property. Councillor Greenlaw turned off his video and did not participate in the discussion or vote of this item. 'I%h, 4. Closed Session Item) a) Motion to go In Closed Session. Motion No. C210728-2 Moved by DeSousa, Seconded by Greenlaw Be it resolved that we do now go in Closed Session at 10.03 a.m. to discuss • Acquisition/disposition of land (Land Acquisition for Municipal Purposes). Carried. Page 2 of 5 Page 22 of 528 7.b) Minutes of Special Council meeting held on Wednesday, July 28, 2021 ... Special Council Meeting Minutes — Wednesday, July 28, 2021. b) Motion to Rise and Report. Motion No. SC210728-3 Moved by Keane, Seconded by Hough Be it resolved that we do now Rise at 10.25 a.m. and Report on the Closed Session Item 4 c) Andria Leigh, Director, Development Services; and Donna Hewitt, Director, Corporate Services re: Acquisition/disposition of land (Land Acquisition for Municipal Purposes). Carried. c) Andria Leigh, Director, Development Services; and Donna Hewitt, Director, Corporate Services re: Acquisition/disposition of land (Land Acquisition for Municipal Purposes). The following staff were present: Robin Dunn, CAO; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services, Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk. Motion No. SC210728-4 Moved by Greenlaw, Seconded by Scott Be it resolved 1. That the confidential verbal information presented by Andria Leigh, Director, Development Services; and Donna Hewitt, Director, Corporate Services; re: Acquisition/disposition of land (Land Acquisition for Municipal Purposes) be received and adopted. 2. That staff and legal counsel proceed as directed. Carried. 5. Open Forum: None. Page 3 of 5 Page 23 of 528 7.b) Minutes of Special Council meeting held on Wednesday, July 28, 2021 ... Special Council Meeting Minutes — Wednesday, July 28, 2021. 6. Reports of Municipal Officers for Action: a) OCS2021-17, Shawn Binns, Director, Operations and Community Services re: Burl's Creek Event Grounds "Endless Summer Concert Series" Special Event Permits. Councillor DeSousa declared a conflict of interest as noted in Section 3, Disclosure of Pecuniary Interest. Councillor Greenlaw declared a conflict of interest as noted in Section 3, Disclosure of Pecuniary Interest. Motion No. SC210728-5 Moved by Scott, Seconded by Hough 40 Be it resolved 1. That OCS2021-17, Shawn Binns, Director, Operations and Community Services re: Burl's Creek Event Grounds "Endless Summer Concert Series" Special Event Permits be received and adopted. 2. That Council approve the issuance of Special Event Permits for the Burl's Creek Endless Summer Concert Series conditional upon the receipt of the necessary approvals and documentation required by the Township's Special Event By-law. Carried. 7. Confirmation By-Law: a) 2021-089: Being a by-law to confirm the proceedings of the Special Council meeting held on Wednesday, July 28, 2021. Motion No. SC210728-6 Moved by Hough, Seconded by Greenlaw Be it resolved that By-Law No. 2021-089: Being a by-law to confirm the proceedings of the Special Council meeting held on Wednesday, July 28, 2021 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. Page 4 of 5 Page 24 of 528 7.b) Minutes of Special Council meeting held on Wednesday, July 28, 2021 ... Special Council Meeting Minutes — Wednesday, July 28, 2021. 8. Adjournment: a) Motion to Adjourn. Motion No. SC210728-7 Moved by Scott, Seconded by Keane Be it resolved that we do now adjourn at 10.39 a.m. Carried. Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 5 of 5 Page 25 of 528 7.c) Minutes of Human Resources Committee meeting held on Monday, August... The Township of Oro-Medonte T Human Resources Committee Township of to Robinson Room Proud Heritage,Exciting Future Monday, August 16, 2021 10:05 a.m. 2018-2022 Council Present: Mayor H.S. Hughes Councillor Veitch Councillor Scott (Chair) Staff: Robin Dunn, CAO/Acting Clerk 1. Call to Order by Chair 46h, Councillor Scott, Chair, assumed the Chair and called the meeting to order. 2. Agenda Approval:`" a) Motion to Approve the Agenda. Motion No. HRC210816- Moved by Hughes, Seconded by Veitch It is recommended that the agenda for the Human Resources Committee meeting of Monday, August 16, 2021 be received and approved. NdCarried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 3 Page 26 of 528 7.c) Minutes of Human Resources Committee meeting held on Monday, August... Human Resources Committee Minutes — Monday, August 16, 2021. 4. Approval of Minutes of Previous Meeting: a) Minutes of Human Resources Committee meeting held on Monday, November 2, 2020. Motion No. HRC210816-2 Moved by Veitch, Seconded by Hughes It is recommended that the draft minutes of the Human Resources Committee meeting held on Monday, November 2, 2020 be approved as printed and circulated. Carried. 5. Closed Session Items: a) Motion to go In Closed Session. Motion No. HRC210816-3 <*e Moved by Hughes, Seconded by Veitch It is recommended that we do now go in Closed Session at 10.10 a.m. to discuss • personal matter affecting an identifiable individual (Performance Management); • labour relations/employee negotiations (Staffing Updates). Carried. b) Motion to Rise and Report. Motion No. HRC210816-4 Moved by Veitch, Seconded by Hughe's It is recommended that we do now Rise and Report at 11.44 a.m and Report on Items 4 c) Robin Dunn, CAO/Acting Clerk, re: Labour relations/employee negotiations (Staffing Updates). d) Robin Dunn, CAO/Acting Clerk, re: Personal matters about an identifiable individual (Performance Management). Carried. Page 2 of 3 Page 27 of 528 7.c) Minutes of Human Resources Committee meeting held on Monday, August... Human Resources Committee Minutes — Monday, August 16, 2021. c) Robin Dunn, CAO/Acting Clerk, re: Labour relations/employee negotiations (Staffing Updates). The following staff were present: Robin Dunn, CAO/Acting Clerk. Motion No. HRC210816-5 Moved by Hughes, Seconded by Veitch It is recommended that the confidential verbal information / confidential correspondence dated August 16, 2021 and presented by Robin Dunn, CAO/Acting Clerk, re: Labour relations/employee negotiations (Staffing Updates) be received and brought forward to the August 17/18, 2021 Council meeting for Council's consideration. Carried. d) Robin Dunn, CAO/Acting Clerk, re: Personal matters about an identifiable individual (Performance Management). The following staff were present: Robin Dunn, CAO/Acting Clerk. Motion No. HRC210816-6 Moved by Veitch, Seconded by7Hughes It is recommended that the confidential correspondence dated August 16, 2021 and presented by Councillor Scott, Chair, Human Resources Committee re: Personal matters about an identifiable individual (Performance Management) be received and brought forward to the August 17/18, 2021 Council meeting for Council's consideration. Carried. 6. Adjournment: a) Motion to Adjourn. Motion No. HRC210816-7" Moved by Hughes, Seconded by Veitch It is recommended that we do now adjourn at 11.46 a.m. Carried. Councillor Shawn Scott, Chair Robin Dunn, CAO/Acting Clerk Page 3 of 3 Page 28 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... TDwnsN of Policy Proud Heritage, Exciting Future Department/Section Policy # Administration POL- DRAFT Subject Enacted by Council: Code of Conduct for Members of Motion # Township Council and the Township's Local Boards 1. Purpose IN( 1.0 Application and Purpose 1 .1 The purpose of this Code of Conduct is to establish a general standard to ensure that all Members share a common basis for acceptable conduct, and to which all Members are expected to adhere to and comply with. This Code of Conduct augments other laws which Members are governed by and which requires Members to follow the Procedure By-law and other sources of applicable law, including but not limited to: • Municipal Act, 2001 • Municipal Conflict of Interest Act • Municipal Elections Act, 1996 • Municipal Freedom of Information and Protection of Privacy Act • Human Rights Code • Occupational Health and Safety Act • Provincial Offences Act • Criminal Code 1 .2 This Code of Conduct applies to all Members of the Council of the Township of Oro- Medonte and, unless specifically indicated otherwise and with all necessary modifications, to all members of the Township's local boards. 1 .3 This Code of Conduct applies to members of the Township's local boards but it is recognized that such members do not hold elected office nor do they represent the Township in general and at all times. Page 1 of 13 Page 29 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... 2.0 Statement of Principles 2.1 This Code of Conduct is intended to set a high standard of conduct for Members in order to provide good governance and a high level of public confidence in the administration of the Township by its Members as duly elected or appointed public representatives of local boards to ensure that they each operate from a foundation of integrity, transparency, justice, truth, honesty and courtesy. 2.2 The following key statements of principle are intended to guide Members and assist with the interpretation of the Code of Conduct. All Members shall: • serve and be seen to serve the public in a conscientious and diligent manner; • observe and act with the highest standard of ethical conduct and integrity; • avoid the improper use of the influence of their office and act without self-interest; • perform their functions with honesty, integrity, accountability and transparency; • perform their duties of office and arrange their private affairs in a manner that promotes public confidence and that will bear close public scrutiny; • be cognizant that they are at all times representatives of the Township and of Council, recognize the importance of their duties and responsibilities, take into account the public character of their function, and maintain and promote the public trust in the Township; and • uphold the spirit and the letter of the laws of Ontario and Canada and the laws and policies adopted by Council. The above statements are key principles that are intended to facilitate an understanding, application and interpretation of the Code of Conduct — the principles are not operative provisions of the Code of Conduct and are not intended to be enforced independently as such. 3.0 Definitions 3.1 The following terms shall have the following meanings in this Code of Conduct: (a) "CAO" means the Chief Administrative Officer of the Township or designate; (b) "child" means a child born within or outside marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to treat as a child of his or her family; (c) "Clerk" means the Clerk of the Township or designate; Page 2 of 13 Page 30 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... (d) "confidential information" means information or records that are in the possession, in the custody or under the control of the Township that the Township is either precluded from disclosing under the Municipal Act, 2001 or other applicable legislation, its Procedure By-law or any of its other by-laws, policies, rules or procedures, or that it is required to refuse to disclose under the Municipal Freedom of Information and Protection of Privacy Act or other legislation; (e) "conflict of interest" means a situation in which a Member has competing interests or loyalties between the Member's personal or private interests and his or her public interests as an elected representative such that it might influence his or her decision in a particular matter; (f) "Council" means the council for the Township and includes, as the context may require and with all necessary modifications, any of the Township's local boards; (g) "frivolous" means of little or no weight, worth, importance or any need of serious notice; (h) "gift" means any kind of benefit, contribution or hospitality that has any financial or monetary value and includes the forms of benefits, contributions and hospitality that are set out in Section 7.0; (i) "Integrity Commissioner" means the person appointed by Council pursuant to section 223.3 of the Municipal Act, 2001 to independently carry out the functions set out therein and such other functions as may be assigned by Council from time to time; (j) "local board" means a local board as that term is defined in subsection 1(1) and section 223.1 of the Municipal Act, 2001; (k) "media" includes any radio, television, newspaper, magazine, website, blog, social media, Twitter feed, YouTube or any other vehicles for the public dissemination of information, whether digital, electronic or print; (1) "meeting" means a regular, special or other meeting of Council or a committee of Council where: (i) a quorum of Members is present, and (i i) Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of Council; (m) "Member" means a Member of the Council for the Township or a member of a local board, including a member of a joint board if that member is appointed by the Council to the joint board; (n) "non-pecuniary interest" means a private or personal interest that a Member may have that is non-financial in nature and that would be considered by a reasonable person, apprised of all the circumstances, as being likely to influence the Member's decision in any matter in which the non-pecuniary interest arises, and may include, Page 3 of 13 Page 31 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... but is not limited to, an interest that arises from a relationship with a person or entity; (o) "parent" means a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child; (p) "pecuniary" means relating to or consisting of money or having financial, economic or monetary value; (q) "social media" means any third-party hosted technologies that allow the creation and exchange of user-generated content to share opinions, information and documents, and includes blogs, discussion boards and forums, microblogs, photo- sharing sites, social networks and video sharing services; (r) "spouse" means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage; (s) "staff' means the CAO and all officers, directors, managers, supervisors and all administrative staff, whether full-time, part-time, contract, seasonal or volunteer, as well as agents, consultants and volunteers acting in furtherance of the Township's business and interest (not including a Member); (t) "Township" means The Corporation of the Township of Oro-Medonte; and (u) "vexatious" means troublesome or annoying in the case of being instituted without sufficient grounds and serving only to cause irritation and aggravation to the person being complained of. 4.0 General Obligations 4.1 In all respects, a Member shall: (a) make every effort to act with good faith and care; (b) conduct themselves with integrity, courtesy and respectability at all meetings of the Council or any committee and in accordance with the Township's Procedure By- law or other applicable procedural rules and policies; (c) seek to advance the public interest with honesty; (d) seek to serve their constituents in a conscientious and diligent manner; (e) respect the individual rights, values, beliefs and personality traits of any other person, recognizing that all persons are entitled to be treated equally with dignity and respect for their personal status regarding gender, sexual orientation, gender identity, gender expression, race, creed, religion, ability and spirituality; (f) refrain from making statements known to be false or with the intent to mislead Council or the public; Page 4 of 13 Page 32 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... (g) recognize that they are representatives of the Township and that they owe a duty of loyalty to the residents of the Township at all times; (h) accurately communicate the decisions of Council and respect Council's decision- making process even if they disagree with Council's ultimate determinations and rulings; and (i) refrain from making disparaging comments about any other person (including a Member) or unfounded accusations about the motives of any person (including a Member). 5.0 The Role of Staff 5.1 Council as a whole approves the budget, policies and governance of the Township through its by-laws and resolutions. An individual Member does not direct nor oversee the functions of the staff of the Township. 5.2 Township staff serve Council and work for the Township as a body corporate under the direction of the CAO. Members shall acknowledge, respect and have regard for the administration, managerial and organizational structure of the Township when requesting information or advice from staff. 5.3 A Member shall comply with the Township's Council and Staff Relations Policy. 5.4 A Member shall not publicly criticize staff and any issue with respect to any staff member shall be referred to the CAO who will direct the matter to the particular staff member's appropriate superior (if not the CAO). 5.5 A Member shall respect the role of staff in the administration of the business and governmental affairs of the Township, and acknowledge and appreciate that staff: (a) provide advice and make policy recommendations in accordance with their professional ethics, expertise and obligations and that a Member must not falsely or maliciously injure the reputation of staff members whether professional or ethical or otherwise; (b) work within the administration of justice and that a Member must not make requests, statements or take actions which may be construed as an attempt to influence the independent administration of justice and, therefore, a Member shall not attempt to intimidate, threaten, or influence any staff member from carrying out that person's duties, including any duty to disclose improper activity; and (c) carry out their duties based on political neutrality and without undue influence from any individual Member and, therefore, a Member must not invite or pressure any member of staff to engage in partisan political activities or be subjected to discrimination or reprisal for refusing to engage in such activities. 6.0 Township Property Page 5 of 13 Page 33 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... 6.1 Council is the custodian of the assets of the Township. The community places its trust in Council and those it appoints to make decisions for the public good in relation to these assets. 6.2 By virtue of their office or appointment, a Member must not use or permit the use of the Township's property, including but not limited to land, facilities, equipment, supplies, services, staff or other resources for activities other than the business of the Township, unless they are entitled to such use equally with any other resident and have paid fair market value for such use. No Member shall seek financial gain for themselves, family or friends from the use or sale of the Township's intellectual property, computer programs, technological innovations, or other patent, trademarks, official marks or copyright held by the Township. 6.3 A Member shall not use any Township property for activities not associated with their duties of office unless prior approval has been granted by Council. 7.0 Gifts, Benefits and Hospitality 7.1 Any gift to a Member risks the appearance of improper influence. Gifts may improperly induce influence or create an incentive for a Member to make decisions on the basis of relationships rather than in the best interests of the Township. A Member shall not accept any gift or any form of personal benefit connected directly or indirectly with the performance of his or her duties except as provided in Section 7.3. 7.2 A gift provided to a Member's spouse, child, or parent, or to a Member's staff, that is connected directly or indirectly to the performance of the Member's duties is deemed to be a gift to that Member. Any doubt concerning the propriety of the gift should be resolved by the Member not accepting or keeping it. 7.3 For greater clarity, despite Sections 7.1 and 7.2, a Member is entitled to accept any compensation, remuneration or benefit authorized by law but shall not accept any gift or benefit other than in the following circumstances: (a) a gift or benefit that normally accompanies the responsibilities of office and are received as an incident of protocol or social obligation; (b) a political contribution otherwise reported by law, in the case of a Member running for office; (c) services provided without compensation by persons volunteering their time for a charitable or non-profit event or for the Member's re-election campaign; (d) nominal tokens, mementos or souvenirs received as an incident of protocol or social obligation that normally accompanies the responsibilities of elected office or at a function honouring the Member; (e) food, lodging, transportation and entertainment provided by provincial, regional and local governments or any agencies or subdivisions of them or by the federal government or by a foreign government within a foreign country, or by a conference, seminar or event organizer where the Member is either speaking or attending in an official capacity as a representative of the Township; Page 6 of 13 Page 34 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... (f) entrance fees or food and beverages consumed at banquets, receptions or similar events, if: (i) attendance serves a legitimate municipal business purpose related to the normal business of the Township, (i i) the person extending the invitation or a representative of the organization is in attendance, (iii) the invitations are infrequent, and (iv) the value is not greater than $750 from a single source over a calendar year; (g) a gift (other than gifts as set out in Section 7.3(f)) not having a value greater than $100 from a single source over a calendar year; (h) a gift received as a door prize, raffle or similar draw at an event, conference or seminar attended by the Member; and (i) a gift, if the Integrity Commissioner is of the opinion that it is unlikely that receipt of the gift gives rise to a reasonable presumption that the gift or benefit was given in order to influence the Member in the performance of his or her duties. 7.4 A Member who has received and accepted a gift pursuant to Section 7.3(a), (f), (g), (h) and (i) shall file a disclosure of the gift indicating the person, body or entity from which it was received together with the estimated value of the gift in accordance with the Disclosure Statement set out in Appendix "A". A Member shall submit the Disclosure Statement to the Clerk on an annual basis no later than March 31 for the preceding calendar year and it shall be a matter of public record. 7.5 A Member shall not seek or obtain by reason of his or her office any personal privilege or advantage with respect to municipal services not otherwise available to the general public and not connected directly or indirectly to the performance of the Member's duties. 8.0 Confidential Information 8.1 Members receive confidential information from a number of sources as part of their work as elected officials. This includes information received in confidence by the Township that falls under the privacy provisions of the Municipal Freedom of Information and Protection of Privacy Act and other applicable privacy laws and information received during closed meetings of Council or committees of local boards. Examples of types of information that a Member must keep confidential, unless expressly authorized by Council or as required by law, include, but are not limited to: (a) matters related to ongoing litigation or negotiation, or that is the subject of solicitor- client privilege; (b) information provided in confidence, for example, the identity of a complainant where a complaint is made in confidence, personal information of an individual derived from municipal records or other information that a Member receives in confidence by virtue of their office as an elected representative; Page 7 of 13 Page 35 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... (c) price schedules in contract tender or request for proposal submissions if so specified; (d) personnel matters about an identifiable individual; (e) "personal information" as defined in the Municipal Freedom of Information and Protection of Privacy Act; (f) any census or assessment data that is deemed confidential; and (g) the purchase or sale of personal or real property by the Township. 8.2 A Member shall not disclose the content of any confidential information, or the substance of deliberations, of a closed meeting. A Member has a duty to hold any information received at closed meetings in strict confidence for as long and as broadly as the confidence applies. A Member shall not, either directly or indirectly, release, make public or in any way divulge any such information or any confidential aspect of the closed deliberations to anyone, unless authorized by Council or as required by law. 8.3 A Member shall not disclose, use or release confidential information in contravention of applicable privacy laws. Members are only entitled to information in the possession of the Township that is relevant to matters before the Council, or a committee. Otherwise, Members enjoy the same access rights to information as any other member of the community or resident of the Township and must follow the same processes as any private person to obtain such information. 8.4 A Member shall not misuse confidential information in any way or manner such that it may cause detriment to the Township, Council or any other person, or for financial or other gain for themselves or others. 8.5 A Member shall respect the right to confidentiality and privacy of all clients, volunteers and staff, and should be aware of their responsibilities under applicable legislation, municipal policies, procedures and rules, ethical standards and, where appropriate, professional standards. 8.6 A Member shall not disclose any confidential information received by virtue of his or her office, even if the Member ceases to be a Member. 9.0 Discrimination and Harassment 9.1 A Member shall treat all members of the public, one another and staff with respect and without abuse, bullying or intimidation and ensure that their work environment is free from discrimination and harassment. 9.2 A Member shall not use indecent, abusive, demeaning or insulting words, phrases or expressions toward any member of the public, another Member or staff. 9.3 A Member shall not make comments or conduct themselves in any manner that is discriminatory to any individual based on the individual's race, colour, ancestry, citizenship, ethnic origin, place of origin, creed or religion, gender, gender identity, gender Page 8 of 13 Page 36 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... expression, sexual orientation, marital status, family status, disability, age or record of offences for which a pardon has not been granted. 9.4 A Member shall comply with the Township's Respect in the Workplace (Harassment and Violence) Policy. 10.0 Improper Use of Influence 10.1 A Member shall not use the influence of their office or appointment for any purpose other than the exercise of his or her official duties in the public interest. 10.2 A Member shall not use the status of their position to influence the decision of another person to the private advantage or non-pecuniary interest of themselves, their parents, children or grandchildren, spouse, or friends or associates, or for the purpose of creating a disadvantage to another person or for providing an advantage to themselves. 11.0 Conflicts of Interest 11.1 A Member shall comply with the requirements of the Municipal Conflict of Interest Act with respect to obligations relating to pecuniary interests. A contravention of the Municipal Conflict of Interest Act shall not constitute a breach of the Code of Conduct but may be enforced in accordance with the provisions of the statute and section 223.4.1 of the Municipal Act, 2001. 11.2 A Member shall also avoid any conflict of interest that is a non-pecuniary interest in order to maintain public confidence in the Township and its local boards. If a Member has a non- pecuniary interest, the Member should declare the non-pecuniary interest and then leave the meeting Under no circumstance shall the Member participate in any discussion or vote on the matter or attempt to influence the voting on the matter in any way, before during or after the meeting. 11.3 Members are encouraged to seek written advice from the Integrity Commissioner when they become aware that they may have a conflict of interest between their responsibilities to the public as a Member and any other pecuniary interest or non-pecuniary interest. 12.0 Council Policies and Procedures 12.1 A Member shall observe and strictly adhere to the policies, procedures and rules enacted and/or established from time to time by Council. 13.0 Election Activity 13.1 A Member is required to conduct themselves in accordance with the Municipal Elections Act, 1996 and any of the Township's policies pertaining to elections. The use of the Township's resources, both property and staff time, for any election-related activity is strictly prohibited. Election-related activity applies to the Member's campaign and any other election campaigns for municipal, provincial or federal office. Page 9 of 13 Page 37 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... 14.0 Communications and Media Relations 14.1 In order to foster respect for the decision-making process of Council, Members shall fairly and accurately communicate the decisions of Council, even if they disagree with its decision(s). Members may publicly express disagreement with a decision but shall do so in a respectful manner that does not belittle, ridicule or disrespect the decision or any Members who voted in favour of the decision. 14.2 Members shall not indicate, implicitly or explicitly, in any communications with the media that they speak on behalf of Council, unless they have been expressly authorized to do so by Council. 14.3 Members shall refrain at all times from making any comments of a disparaging nature about any Member, any Staff or any persons of the public. 15.0 Social Media 15.1 Members using social media shall: (a) ensure that all posts are accurate before uploading content to the internet" (b) obtain permission before posting any third-party content; (c) follow the same principles and guidelines as for other forms of communication by employing sound judgment and common sense, by acting with respect, dignity, courtesy and empathy; and (d) ensure that is it noted that communications that are Member and constituent- related do not necessarily reflect the existing or future opinions, views or decisions of the Council. 16.0 Respect for the Code of Conduct 16.1 A Member shall respect the process for complaints made under the Code of Conduct, applications under the Municipal Conflict of Interest Act or through any process for complaints adopted by the Township. 16.2 A Member shall not act in reprisal or threaten reprisal against any person, including another Member, who makes a complaint or provides information to the Integrity Commissioner during an investigation. 16.2 A Member shall interact courteously and respectfully with the Integrity Commissioner and with any person acting under the direction of the Integrity Commissioner. A Member shall not act in reprisal or threaten reprisal against the Integrity Commissioner or any person acting under the instructions of the Integrity Commissioner. The Integrity Commissioner is authorized to report any incidents of threats or reprisals to Council or the local board by a Member and may recommend penalties or remedial or corrections measures or actions against such Member. 16.3 A Member shall cooperate with requests for information during any investigations or inquiries under the Code of Conduct and shall not: (a) interfere with or obstruct an investigation by the Integrity Commissioner; Page 10 of 13 Page 38 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... (b) destroy or damage documents or erase electronic communications; (c) refuse to respond to the Integrity Commissioner where a complaint has been filed under the Code of Conduct or any process for complaints adopted by the Township; or (d) interact with or attempt to influence any other Member or staff with respect to the subject matter of the investigation or inquiry except as may be permitted pursuant to subsections 5(2.1) and 5.2(2) of the Municipal Act Conflict of Interest Act. 16.4 Staff shall remain neutral and impartial and not seek to subvert or obstruct the Integrity Commissioner in any way in carrying out its responsibilities and functions. 17.0 Penalties for Non-Compliance with the Code of Conduct 17.1 Where Council receives a report from the Integrity Commissioner that there has been a violation of the Code of Conduct by a Member, Council may impose the following penalties on the Member: (a) a reprimand; and/or (b) a suspension of the remuneration paid to the Member in respect of his or her services as a Member for a period up to ninety (90) days. 17.2 In the case of a local board, if the Council has not imposed either of the penalties set out in Section 18.1 on its Member, the Integrity Commissioner may report to the local board that, in his or her opinion, the Member has contravened the Code of Conduct in which case the local board may impose the penalties set out in Section 18.1. 18.0 Remedial or Corrective Actions 18.1 Council may, on the basis of a recommendation from the Integrity Commissioner, also take any or all of the following corrective or remedial actions, and require that the Member: (a) provide a written or verbal apology; (b) return property or make reimbursement of its value or of money spent; (c) be removed from or not be appointed to the membership on a committee of Council; (d) be removed from or not be appointed as chair of a committee of Council; and (e) comply with any other remedial or corrective action or measure deemed appropriate by the Integrity Commissioner. 18.2 In the case of a local board, if the Council has not imposed either of the penalties set out in Section 18.1 on its Member or any remedial or corrective actions under Section 18.1, the local board may impose such remedial or corrective actions as are set out in Section 18.1(a)-(e). 19.0 Legal Fees Page 11 of 13 Page 39 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... 19.1 A Member of Council is entitled to seek the advice of the Integrity Commissioner with respect to their own obligations under the Code of Conduct, any ethical procedure, policy or rule, and sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act. As such, a Member is solely responsible for his or her own legal costs if they retain a lawyer or paralegal to provide counsel, advice or representation on any matter related to the Code of Conduct, any ethical procedure, policy or rule, and sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act, including, but not limited to, an investigation and the imposition of penalties or remedial or corrective actions recommended by the Integrity Commissioner and imposed by Council, a complaint to the Ontario Ombudsman or a judicial review application to the courts from a decision of Council based on recommendations from the Integrity Commissioner. Notwithstanding the foregoing, a Member who has been found by the Integrity Commissioner not to have contravened the Code of Conduct, any ethical procedure, policy or rule or sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act, is entitled to request a reimbursement of their reasonable costs and expenses. 20.0 Complaint Protocol 20.1 The Complaint Protocol is Appendix "B" to the Code of Conduct and applies to complaints under the Code of Conduct and applications under the Municipal Conflict of Interest Act. 21.0 Annual Report 21.1 The Integrity Commissioner shall provide an Annual Report to Council before the end of March in each year detailing its activities, including advice, education and investigations over the previous year and such periodic reports as the Integrity Commissioner consider may be necessary for the purposes of discharging its obligations to the Council and the Township. 22.0 Short Title 22.1 This Code of Conduct for Members of Township Council and the Township's Local Boards shall be referred to by its short title "Council Code of Conduct". Page 12 of 13 Page 40 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... APPENDIX "A" DISCLOSURE STATEMENT FOR GIFTS OR BENEFITS Member's Name: Gift Received: Received From: Date of Receipt: Value or Estimate of Gift: Please describe the circumstances under which the Gift was received: Please describe your intentions with respect to the Gift: Do you anticipate transferring the Gift described above to the Township or the local board? Yes, immediately No Member's Signature Date 45155527.3 Page 13 of 13 Page 41 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... Code of Conduct Complaint Protocol for Members of Council PART A - INFORMAL COMPLAINT PROCEDURE 1. Any individual who identifies or witnesses behaviour or activity by a Member that they believe contravenes the Code of Conduct may seek to address the prohibited behaviour or activity themselves in the following manner by following the Informal Complaint Procedure: (a) document the incident(s) where the Member may have contravened the Code of Conduct including dates, times, locations, other persons present, and any other Drelevant information; (b) advise another person about the concerns regarding the Member's actions, to corroborate the incident; (c) advise the Member that the behaviour or activity appears to contravene the Code of Conduct; R (d) identify to the Member the specific provision(s) of the Code of Conduct that may have been contravened; (e) encourage the Member to acknowledge and agree to stop the prohibited behaviour or activity and to undertake to refrain from future occurrences of the prohibited behaviour or activity; A (f) if applicable: (i) confirm to the Member that his or her response is satisfactory, or (ii) advise the Member that his or her response is unsatisfactory; F (g) consider the need to pursue the matter in accordance with the Formal Complaint Procedure set out in Part B, or in accordance with any other applicable judicial or quasi-judicial process or complaint procedure. 2. Individuals are encouraged to pursue the Informal Complaint Procedure as the first means of remedying behaviour or activity of a Member that they believe contravenes the Code of Conduct. T3. The Integrity Commissioner may be requested to assist in an attempt to settle or resolve the issue with the Member and the individual but will participate only if both parties have consented. 4. The Informal Complaint Procedure is not a precondition or a prerequisite to pursuing the Formal Complaint Procedure related to the Code of Conduct set out in Part B. Page 42 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... -2 - PART B - FORMAL COMPLAINT PROCEDURE Formal Complaints 5.(1) Any individual who has reasonable grounds to believe that a Member has contravened a provision of the Code of Conduct may file a formal complaint ("Complaint") to request an inquiry by the Integrity Commissioner as to whether a Member has contravened the Code of Conduct in accordance with the following requirements: (a) a Complaint shall be in writing on the prescribed form (Formal Complaint Form # 1 attached hereto) and shall be dated and signed by an identifiable individual (the "complainant"); D (b) a Complaint must set out reasonable grounds for the allegation that the Member has contravened the Code of Conduct and must be accompanied by a supporting sworn affidavit setting out the evidence in full in support of the allegation; and (c) Council may also file a Complaint against any of its Members of an alleged R contravention of the Code of Conduct by passing a resolution requesting the Integrity Commissioner to undertake an inquiry. (2) An elector, as defined in section 1 of the Municipal Conflict of Interest Act, or a person demonstrably acting in the public interest (collectively, a "complainant") may file a formal application requesting that the Integrity Commissioner carry out an inquiry concerning an alleged contravention of section 5, 5.1 or 5.2 of that statute by a Member in accordance A with the following requirements: (a) an application (also referred to as a "Complaint" herein) shall be in writing on the prescribed form (Complaint Form # 2 attached hereto), dated and signed by an identifiable individual; F (b) the application shall include a statutory declaration attesting to the fact that: 0) the complainant became aware of the contravention not more than six (6) weeks before the date of the application, or (ii) in the case where the complainant became aware of the alleged contravention during the period of time described in paragraph 1 of T subsection 223.4.1(5) of the Municipal Act, 2001, that the complainant became aware of the alleged contravention during that period of time; (c) Council may also pass a resolution requesting the Integrity Commissioner to undertake an inquiry respecting an alleged contravention of sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act by a Member and provide a statutory declaration as required by Section 5(2) to be sworn by a Member of Council. (3) Complainants who file a formal Complaint under Sections 5(1) or 5(2) must provide a full and complete record of evidence to substantiate or support the allegations set out in the Complaint to the Integrity Commissioner who is under no obligation whatsoever to, but may, seek additional information. Page 43 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... -3 - Filing of Complaint and Classification by Integrity Commissioner 6.(1) The Complaint may be filed either with the Clerk or with the Integrity Commissioner by hard copy or by e-mail at the following mailing or email addresses: (a) to the Clerk (who will provide a copy to the Integrity Commissioner): Yvonne Aubichon Clerk 148 Line 7 South Oro-Medonte, ON LOL2E0 Email: yaubichon@oro-medonte.ca D Tel: (705) 487-2171 or (b) directly with the Integrity Commissioner: John Ewart Ewart O'Dwyer R 311 George Street North, Suite 103 Peterborough, ON K9J 3H3 Email: jewart@ewartodwyer.com Tel: 705-874-0404 (2) The Integrity Commissioner shall initially classify the Complaint to determine if the matter A is, on its face, a Complaint with respect to a contravention of the Code of Conduct and not covered by other legislation or other Council procedures, policies or rules as set out in Section 7 or whether it is a Complaint with respect to an alleged contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act. Complaints Outside Integrity Commissioner's Jurisdiction or Not for Investigation F 7.(1) If the Complaint, including the supporting affidavit or the statutory declaration, is not, on its face, a Complaint with respect to a contravention of the Code of Conduct or the Complaint relates to matters addressed by other legislation under another procedure, policy or rule of the Township or whether it is a Complaint with respect to an alleged contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, the Integrity Commissioner shall advise the complainant in writing as follows: TCriminal Matter (a) if the Complaint is, on its face, an allegation of a criminal nature consistent with the Criminal Code, the complainant shall be advised that: (i) the Integrity Commissioner will refer it to the appropriate police service, or (ii) the complainant may pursue it with the appropriate police service if the complainant wishes to pursue any such allegation; Page 44 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... -4 - Municipal Freedom of Information and Protection of Privacy Act (b) if the Complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter must be referred to the Clerk to deal with under any access and privacy policies of the Township under that statute; Other Procedure, Policy or Rule Applies (c) if the Complaint appears to fall within the scope of another procedure, policy or D rule of the Township, the complainant shall be advised to pursue the matter under such procedure, policy or rule with the appropriate municipal official or staff member; and Lack of Jurisdiction (d) if the Complaint is, for any other reason not within the jurisdiction of the Integrity R Commissioner (for example, it relates to a decision of Council as a whole and not one or more individual Members), the complainant shall be so advised and provided with any additional reasons and referrals, if any, as the Integrity Commissioner considers appropriate. (2) If it becomes apparent to the Integrity Commissioner at any time that the Complaint with A respect to a contravention of the Code of Conduct or with respect to an alleged contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, relates to any of the following matters, the Integrity Commissioner shall advise the complainant in writing as follows: Matter Already Pending F (a) if the Complaint is in relation to a matter which is subject to an outstanding complaint under another process such as a court proceeding, a human rights or workplace harassment complaint or similar process, or to a civil matter that is pending before the courts, the Integrity Commissioner may, in his/her sole discretion, suspend any investigation, in whole or in part, pending the result of the other process; T Similar Matter Already Pending (b) if the Complaint is in relation to a similar matter which is subject to an outstanding Complaint before the Integrity Commissioner, the Integrity Commissioner may, in his/her sole discretion, consider the matter in conjunction with the similar matter or deal with it separately, including not undertaking an inquiry if the matter can be adequately addressed in any report and/or recommendations made with respect to the Complaint in the similar matter; and Page 45 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... -5 - Other Ethical Code or Policy Applies (c) if the Complaint is in relation to a matter which is governed by a code of conduct, ethical code or similar procedure or policy of another body or entity which also governs the Members (for example, another board, body or committee to which the Member has been appointed), the Integrity Commissioner shall consider the most appropriate forum for the Complaint and may, in his/her sole discretion, defer consideration of the matter pending any determination made by the other body or entity and shall so advise the complainant and, if necessary, the Member. (3) Nothing in Section 7 precludes the Integrity Commissioner from reporting to Council on any matter that is suspended, summarily dismissed, terminated or not otherwise Dinvestigated. Limitation Period 8.(1) The Integrity Commissioner shall not accept a Complaint under the Code of Conduct for which the event giving rise to the Complaint came to the attention of the complainant more R than six (6) weeks prior to the date of the filing of the Complaint, and, in any event, no more than six (6) months after the event in question occurred. The complainant must establish that the event giving rise to the Complaint came to the complainant's attention within six (6) weeks of, and occurred no more than six (6) months prior to, the Complaint being filed. (2) The Integrity Commissioner shall not accept an application with respect to an alleged A contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act except in accordance with the requirements of subsections 8(2)-(7) of that statute and section 223.4.1 of the Municipal Act, 2001. Refusal to Conduct Investigation 9. The Integrity Commissioner has a discretion as to whether to carry out an investigation. If F the Integrity Commissioner is satisfied at any time, after considering the information contained in the Complaint, that it is: (a) is frivolous or vexatious, (b) is not made in good faith, T (c) constitutes an abuse of process, (d) discloses no grounds or insufficient grounds for an investigation, (e) does not warrant a full investigation, or (f) is not otherwise in the public interest, the Integrity Commissioner shall not be required to conduct an investigation and may summarily dismiss the Complaint, and, where this becomes apparent during the course of an investigation, the Integrity Commissioner shall terminate the investigation and provide notice to the complainant and, if necessary, to the Member. The Integrity Commissioner is under no obligation to report the refusal to conduct an investigation to Council. Page 46 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... -6 - Opportunities for Resolution 10. Following receipt and review of a formal Complaint or at any time during an investigation where the Integrity Commissioner, in his or her discretion, believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be pursued to achieve an informal resolution. Investigation 11.(1) The Integrity Commissioner may proceed as follows, except where the Integrity D Commissioner has a full factual record and believes, in his or her sole discretion, that no additional information is required, or where otherwise required by the Public Inquiries Act, 2009, or where the Integrity Commissioner has not otherwise terminated the inquiry: (a) provide the Member with a copy of the Complaint but not disclose: (i) the identity of the complainant, or R (ii) the identity of any witnesses set out in the Complaint or persons that are to be questioned/interviewed by the Integrity Commissioner, unless it is essential for the Member to adequately respond to the Complaint,which determination shall be made by the Integrity Commissioner, in his/her sole and absolute discretion; A (b) request that the Member provide a written response to the allegations in the Complaint to the Integrity Commissioner within ten (10) calendar days; (c) provide a copy of the Member's response to the complainant with a request that any written reply be provided by the complainant to the Integrity Commissioner F within ten (10) calendar days. (2) If necessary, after reviewing the submitted materials, the Integrity Commissioner may contact and speak to or correspond with any other persons, access and examine any other documents or electronic materials, including any materials on the Township's computers and servers, and may enter any municipal work location relevant to the Complaint for the purpose of investigation and potential resolution. T (3) Preliminary or proposed finding(s) may be provided to a Member if the Integrity Commissioner considers that the Member may have contravened the Code of Conduct. (4) The Integrity Commissioner may, but is under no obligation, to provide the Member and the complainant with a draft of the proposed final report on the Complaint. (5) The Integrity Commissioner may make interim reports to Council where the Integrity Commissioner considers it necessary or required to address any instances of interference, obstruction, intimidation, delay, reprisal or retaliation by the Member or by any other person encountered during the formal investigation, and may also disclose such information as is necessary in the Integrity Commissioner's opinion for the purposes of the interim report(s). Page 47 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... -7 - (6) The Integrity Commissioner is entitled to make such additional inquiries and provide such additional reports to Council where necessary and as required to address any instances of non-compliance with any decision of Council including the failure to comply with any penalties or corrective measure or actions imposed by Council or any matters that the Integrity Commissioner considers necessary. (7) The Integrity Commissioner shall retain all records related to the Complaint and investigation but may provide copies of certain records, in confidence, to the Township's administrative staff who are required to ensure that any such records are securely and confidentially retained. D No Complaint Prior to Municipal Election 12.(1) Notwithstanding any other provision of this Complaint Protocol, no Complaint may be filed with the Integrity Commissioner, nor shall any report shall be made by the Integrity Commissioner to Council during the period of time starting on nomination day for a regular municipal election year, as set out in section 31 of the Municipal Elections Act, 1996 and ending on the voting day in a regular election as set out in section 5 of the Municipal RElections Act, 1996. (2) If the Integrity Commissioner has received a Complaint and has commenced an inquiry but has not completed the inquiry before nomination day in a regular municipal election year, the Integrity Commissioner shall terminate the inquiry on nomination day but may commence an inquiry in respect of the same Complaint if within six (6) weeks after the voting day in a regular municipal election the individual who made the request makes a A written request to the Integrity Commissioner in accordance with subsection 223.4(8) of the Municipal Act, 2001. Advice Provided to Member by Integrity Commissioner 13.(1) Subject to Section 13(2), a Member is entitled to rely upon any written advice given by the F Integrity Commissioner to the Member respecting the Code of Conduct in any subsequent consideration of the conduct of the Member in the same matter provided that the Member fully disclosed in writing all relevant facts known to him or her to the Integrity Commissioner and acted in accordance with the written advice provided by the Integrity Commissioner. (2) If the Integrity Commissioner applies to a judge under section 8 of the Municipal Conflict of Interest Act for a determination as to whether the Member contravened section T 5, 5A or 5.2 of the Municipal Conflict of Interest Act, the Member is entitled to advise the judge of any written advice given by the Integrity Commissioner provided that the Member fully disclosed in writing all relevant facts known to him or her to the Integrity Commissioner and acted in accordance with the written advice provided by the Integrity Commissioner. (3) A Member under investigation by the Integrity Commissioner shall not request advice from the Integrity Commissioner as to the Member's rights under the Code of Conduct, the Municipal Conflict of Interest Act or generally at law with respect to any specific matter that the Integrity Commissioner is investigating or reviewing with respect to the Member, nor is the Member entitled to rely upon any statement(s) made by the Integrity Commissioner during the course of any investigation or review that may impact the Member's rights under the Code of Conduct, the Municipal Conflict of Interest Act or generally at law. Page 48 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... -8 - (4) If a Member under investigation by the Integrity Commissioner requests advice, such request shall be delegated in writing to any person, other than another Member, that the Integrity Commissioner, in consultation with the Township, considers capable of providing informed advice to the Member. Authority to Abridge or Extend 14.(1) Notwithstanding any timeline or time limit set out in the Code of Conductor this Complaint Protocol, the Integrity Commissioner shall retain the right to abridge or extend any timeline or time limit therein if the Integrity Commissioner considers it, in his/her sole and absolute discretion, to be in the public interest to do so. DInvestigation Report 15.(1) The Integrity Commissioner shall report to the complainant and the Member no later than ninety (90) days after the official receipt of any Complaint under the Code of Conduct. If the investigation process is anticipated to or takes more than ninety(90) days, the Integrity Commissioner shall provide a brief interim report to Council and advise the parties of the R approximate date the report will be available. The Integrity Commissioner may also, at his/her discretion, advise any witnesses or other persons of the approximate date the report will be available. (2) Where the Complaint is sustained in whole or in part, the Integrity Commissioner shall report to Council outlining the findings, the terms of any settlement and/or any Arecommended penalty or remedial or corrective measure or action. (3) The Integrity Commissioner may provide a copy of the report to the complainant and the Member whose conduct has been investigated in advance of the public release of the report, in strict confidence until the report is publicly released. The Member shall have the right to address the recommendations in the report if it is considered by Council. F (4) Where the Complaint is not sustained,the Integrity Commissioner is not obligated to report to Council on the result of the investigation or any findings but may do so at his/her discretion and may also include such information as he/she deems necessary in a report or as part of an annual or other periodic report by the Integrity Commissioner. (5) The Integrity Commissioner shall complete the investigation under the Municipal Conflict of Interest Act no later than one hundred and eighty (180) days after the official receipt of Tany application validly made under Section 5(2) of this Part. Findings 16.(1) If the Integrity Commissioner determines that: (a) there has been no contravention of the Code of Conduct, or section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, or (b) a contravention occurred but: (i) the Member took all reasonable measures to prevent it, including having sought and followed the advice of the Integrity Commissioner, Page 49 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... -9 - (ii) it was trivial, (iii) it was committed through inadvertence, or (iv) it resulted from an error in judgment made in good faith, the Integrity Commissioner may so state in the report and may make appropriate recommendations pursuant to the Municipal Act, 2001, including but not limited to, a recommendation of no penalty and no imposition of remedial measures or corrective actions. (2) If the Integrity Commissioner: D (a) considers it appropriate, once the investigation under Section 5(2) has concluded, to apply to a judge under section 8 of the Municipal Conflict of Interest Act for a determination as to whether the Member has contravened section 5, 5.1 or 5.2 of that statute; or R (b) does not proceed with an application to the judge, the complainant and the Member shall be advised in writing. (3) The Integrity Commissioner shall provide a written report to Council providing the reasons for its decision under Section 16(2). Report to Council A17. (1) Upon receipt of a report from the Integrity Commissioner with respect to the Code of Conduct, the Clerk shall place the report on the next regular agenda of Council for consideration by Council. (2) A report from the Integrity Commissioner may also be considered by Council in advance F of its next regular meeting should Council agree to hold a special or other meeting before its next regular meeting to consider the report. Duty of Council 18. Council shall consider and make a determination on the Integrity Commissioner's report Tunder Section 17 at the same meeting at which the report is tabled. Confidentiality and Public Disclosure 19. (1) In order to maintain the integrity of any process of inquiry or investigation, every person interacting with the Integrity Commissioner, including the complainant, the respondent Member, any witness or any other person, shall preserve confidentiality with respect to all matters as directed by the Integrity Commissioner and not disclose any information to any other person. (2) The Integrity Commissioner shall retain all records related to the Complaint and investigation although copies may be provided to the Township's administrative staff, subject to the duty of confidentiality under subsection 223.5 of the Municipal Act, 2001. Page 50 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... - 10 - (3) The identity of the Member who is the subject of the Complaint shall not be treated as confidential information in the Integrity Commissioner's report to Council. The identity of the complainant and of any other person, including any witnesses, may be disclosed if deemed appropriate and necessary by the Integrity Commissioner, if consented to by the complainant or any other person, or such information has already been publicly disclosed. (4) All reports from the Integrity Commissioner to Council shall be made available to the public by the Clerk. Delegation by Integrity Commissioner D 20. The Integrity Commissioner, in consultation with the Township, may delegate in writing to any person, other than a Member, any of the Integrity Commissioner's powers and duties under Part V.1 of the Municipal Act, 2001. R A F T Page 51 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... - 11 - Code of Conduct — Formal Complaint Form # 1 AFFIDAVIT I, (first and last name), of the in the Province of Ontario. MAKE OATH AND SAY (or AFFIRM): 1. I reside at: (full address) Dand may be contacted at telephone: and email: 2. 1 have reasonable grounds to believe that: (name of Member), Ra member of the Council or a local board of The Corporation of the Township of Oro-Medonte, has contravened the following section(s) of the Code of Conduct of the Township of Oro-Medonte . The particulars of which are are attached hereto. 3. Facts constituting the alleged contravention (use separate page if required) A F This affidavit is made for the purpose of requesting that this matter be reviewed and/or investigated by the Township of Oro-Medonte's Integrity Commissioner and for no other purpose. TSWORN (or AFFIRMED) before me at ) the of on ) (date) ) (Signature) A Commissioner for taking affidavits etc. Please note that signing a false affidavit may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation. Page 52 of 528 9.a) Introduction of John Ewart, Ewart, O'Dwyer, Barristers & Solicitors... Municipal Conflict of Interest Act— Complaint Form # 2 STATUTORY DECLARATION I, (first and last name), of the in the Province of Ontario. I SOLEMNLY DECLARE THAT: D 1. I reside at: (full address) and may be contacted at telephone: and email: 2. 1 have reasonable and probable grounds to believe that: (specify name of Member), R a member of the Council or a local board of The Corporation of the Township of Oro-Medonte, has contravened section(s) of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 3. 1 became aware of the facts constituting the alleged contravention not more than six(6)weeks ago and they comprise the following: (use separate page if required) A F This declaration is made for the purpose of requesting that this matter be investigated by the Township of Oro-Medonte's Integrity Commissioner and for no other purpose. TDECLARED before me at ) the of ) on (date) ) (Signature) A Commissioner for taking affidavits etc. Please note that signing a false declaration may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation. 45155584.1 Page 53 of 528 9.b) Pre§gVtion by Jack Ammendolia, Watson & y ' ;r Associates Economist td... r, • •• • • 1 • 06 • 1 • • • • SF/ • • • • W 04--j -i M J .0 4-) 0 � V] 3t 06 0 z U W age 54 of 528 9.b) Presentation by Jack Ammendolia, Watson & c4 Associates Economists Ltd... 0 0 0 Cn N (6 C Cu (6 U Cu (6 O 0 (a N • E Q Cu N Cu CO p CO L- a • to O a) a • Cu _0 • N � ' O N >, a)i--' • • N NO Cu • N E 0) O O to Q to 4-0 E N C • E p ,� U • O C a) • U a) N p Cu 4-0 U) O C) CU N >, U • O 0Cu U _0 ' 4-0C t6 a — N to -a E C � N • U O 0) N CU Cu -0U � Q N N C M O Cu +� >. N t6 N � Cu � — ECu a� U � E Cu • to C _ O — 0 a) � U Cu C > O • QU -0 -0 a) N Cu E ca Cu a) E _U 70 Cu N N < _Ile Cu a) 0- to C E O C — i (6 v p E ° v 0 j U 0 0 O Q +r a) o N }, � N a) V- Q M �: Page 55 of 528 9.b) Pres ly J I4j irr er dolia, Watson & • o o s @ e conomists Ltd... 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Page 62 of 528 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... r KITCHENER P L ' N N I N G WOODBRIDGE URBANLONDON LANDSCAPE KINGSTON ARCHITECTURF BARRIE BURLINGTON August 11,2021 Andria Leigh,MCIP, RPP Director of Development Services Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL2EO Dear Andria Leigh: RE: Proposed Napoleon Employment Area Expansion —Line 6&Guest Road OUR FILE 20147D On behalf of our Client,Wolf Steel (Napoleon), please accept this letter as information and justification for a proposed employment area expansion on the land known municipally as 17 Guest Road (the "subject lands"), in the Township of Oro-Medonte. The request is for Township Council support for a Ministerial Zoning Order ("MZO") that would establish zoning for development of an industrial manufacturing and warehousing building on the western portion of the subject lands to support Napoleon's continued expansion of operations in the Township. It is projected that the new facility will bring an additional 180 permanent jobs to the Township. If approved by the Province,the MZO request would permit the use to be established on the property. A Township Site Plan process would also be required to consider the technical components of the application. A copy of the proposed MZO is provided at Attachment 2 Napoleon is expanding and they would like to grow in the Township of Oro-Medonte.There is currently no supply of Employment Lands to accommodate this expansion. Due to time constraints, an MZO is proposed to establish site specific zoning to permit the facility. The area proposed to be zoned through the MZO is identified on Attachment 1 as Phase 1. While the balance of the lands are also earmarked in the Township Employment Lands Study for future employment uses, additional environmental study is required to delineate developable areas to ensure the protection of features in accordance with Provincial, County, Conservation Authority and Township requirements.Accordingly,the MZO request does not include these areas,which are identified as Phase 2 on Attachment 1. The lands proposed to be zoned as part of the MZO do not contain any natural heritage features and are not adjacent to any natural heritage features. Page 63 of 528 113 COLLIER STREET/ BARRIE / ONTARIO / L4M 1 H2 / T 705 728 0045 / F 705 728 2010 / WWW.MHBCPLAN.COM 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... While this correspondence introduces the application to the Township,a deputation has been requested to be made at the Township Council Meeting in August where a deputation will be made to request that Township Council support for the proposed MZO. As outlined in the subsequent sections of this letter, the MZO request to allow for an industrial manufacturing and warehousing facility as a permitted use is appropriate for the Subject Lands for the following reasons: • It supports the expansion of a successful local company and will add a significant number ofjobs to the local economy; • There is an identified need for employment lands within the Township. • The Subject Lands have been identified by the Township as an appropriated location for future employment growth. The MZO would expedite the zoning of the Phase 1 lands for employment uses. • The MZO permits a land use that is consistent with the PPS and can conforms to the Growth Plan, County Official Plan and Township Official Plan. • The Subject Lands are located in strategic location proximate to Highway 11, the Lake Simcoe Regional Airport and the existing Oro Center Secondary Plan which includes employment lands; • The MZO and proposed development will avoid environmentally sensitive lands;and • The Township Site Plan Approval process provides an appropriate process for addressing technical matters associated with the proposed development. On this basis,it is requested that Township Council pass a resolution in support of the MZO request to the Province of Ontario for Napoleon's proposed MZO. 1. Local Company&Job Creation Wolf Steel (Napoleon) is the Township's largest manufacturing employer. Napoleon first initiated operations in the Township in the 1970's. Since that time, the operation has expanded numerous times within the Township. However, Napoleon has also had to seek out sites outside of the Township due to the lack of lands within the Township to support the business'continued growth. There are no available lands in the Township for Employment growth so Napoleon has purchased lands adjacent to the existing employment area,in close proximity to the airport and Highway 1 1 as a site for expansion of their business. The proposed expansion supports the continued growth of a successful local company within the Township and will add approximately 180 jobs to the local economy. 2. Employment Land Needs in Township The Township completed an Employment Land Strategy in February 2021 to review the supply of employment lands in the context of accommodating long-term demand and satisfying the Township's employment objectives.The Strategy notes that the continued supply of employment lands will further provide increased local employment opportunities and help diversify the Township's tax base. Through this review it was identified that the Township does not have a sufficient supply of employment lands to meet demand to the year 2051. It is estimated that an additional 83 gross hectares (205 gross acres) of employment lands will need to be designated to accommodate the employment lands employment forecast to 2051. On this basis, the requested employment area expansion responds to an identified need and is reasonable due to the lack of appropriate employment lands in the Township. 2 Page 64 of 528 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... As part of this work,several locational options for employment land expansion in the Township were also identified. These sites are generally located adjacent to and along Highway 11, and proximate to the existing Employment Areas (including areas along Lines 6-9). However, two potential Employment Area expansion locations were recommended as the best suited for the Township to prioritize, including the subject site. As the Employment Land Strategy is intended to inform the Township's Official Plan update, it is anticipated that the subject lands would be designated for employment use through this process. Accordingly,the MZO would merely expedite a process that is otherwise anticipated to unfold. 3. Strategically Located Site As identified through the Township's Employment Land Strategy, the lands are a preferred location for employment expansion in the Township due to their strategic location.The lands are strategically located for the following reasons: • The lands are situated adjacent to and would be contiguous with the existing Oro Centre Secondary Plan, and are therefore a logical expansion of existing employment area in the Township. • The lands are proximate to the Highway 11 interchange,and can be accessed from Line 6,with a right turn lane in/out from Highway 11. Additionally, it is anticipated that development on the lands would have good visibility from Highway 11. • The lands are in proximity and have good connection to the Lake Simcoe Regional Airport. As noted in the Employment Land Strategy, employment expansion on the subject lands supports provincial, County, and Township land-use policies and broader economic development objectives. Additionally,there are opportunities for the lands to be comprehensively developed in a manner that is respectful of the existing businesses and agricultural uses within the area. For these reasons,employment expansion on the subject lands is appropriate and preferred. 4. Provides Environmental Protections The property contains natural heritage features including a woodland and wetland. However, there are no natural heritage features on or adjacent to the lands proposed to be zoned through the MZO. In support of the development proposal, the boundaries of the wetland and woodland features were delineated by Azimuth Environment Consulting Inc. in June 2021,and a 120 metre and 30 metre setback was applied to each feature. Through this exercise, the area of the woodland was increased and the wetland more accurately delineated. The area proposed to be zoned by the MZO maintains a minimum setback of 120 metre and 30 metres from the wetland and woodland respectively. 5. Site Plan Approval The proposed development and MZO request are being supported and informed by several technical studies. As noted, approval of the MZO by the Province, would permit the use to be established on the property. However,a Township Site Plan process is required to consider the technical components of the application. 3 Page 65 of 528 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... The following technical studies will be submitted in support of a future Site Plan Application: • Environmental Impact Study • Functional Servicing and Stormwater Management Report • Traffic Impact Study • Noise Impact Study • Geotechnical Report • Hydrogeological Assessment • Planning Justification Report A Site Plan Application will be made to the Township and not made part of the MZO request. Our clients prefer to deal with the local Site Plan matters with the Township.The technical consideration associated with the site planning process will be implemented by the Site Plan Agreement that will be entered with the Township. Conclusion The proposed industrial manufacturing and warehousing building on the western portion of the lands to support Napoleon's continued operations in the Township and would add a significant number ofjobs to the local economy. As identified through the Employment Land Strategy there is an identified need for employment lands within the Township and the Subject Lands are earmarked as an appropriate location for future employment growth due to their strategic location proximate to Highway 11,the Lake Simcoe Regional Airport and the existing Oro Centre Secondary Plan. On this basis,the MZO request simply expedites a process that is otherwise anticipated to unfold.The MZO will establish the principle of use on the subject lands, while providing the opportunity for technical municipal review and input through the Site Plan Approval process. It is our opinion that the proposed MZO is in the public interest and represents good land use planning. Yours truly, MHBC z7� � F- Ellen Ferris,BSc.,MSc. Jamie Robinson, BES,MCIP, RPP Planner Partner cc. Chris Schroeter I WolfSteel(Napoleon) Janette Teeter I Deputy Clerk Attachments: Attachment 1:Lands to be Zoned Attachment 2:Draft Ministerial Zoning Order(MZO) 4 Page 66 of 528 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... Attachments Page 67 of 528 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... Attachment 1 Page 68 of 528 , t 444## I taA�l 14 #A4 1 [ a L LI 414 +w # r LL, 0 l N � ccN a a A 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... Attachment 2 Page 70 of 528 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... ONTARIO REGULATION XXX/21 made under the PLANNING ACT Made: September XX,2021 Filed: September XX,2021 Published on e-Laws: September XX,2021 Printed in The Ontario Gazette: September XX,2021 ZONING ORDER-TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Definition 1. In this Order, "zoning by-law"means Township of Oro-Medonte Zoning By-law 97-95. Application 2. This Order applies to lands in the Township of Oro-Medonte in the County of Simcoe, in the Province of Ontario, being the lands identified on a map numbered XX and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street. Permitted uses 3. (1)Every use of land and every erection,location or use of any building or structure is prohibited on those lands shown as the Economic Development Exception 1 (ED-1)Zone in subsection 2,except for: a) an industrial warehouse/manufacturing use;and b) accessory uses,building and structures. Zoning Requirements 4. (1)The zoning requirements for the Economic Development(ED)Zone set out in the Zoning By-law shall apply to the lands in the Economic Development Exception 1 (ED-1)Zone as shown on the map described in section 1,with the following exceptions: a) Prior to the consideration of the lifting of the Holding provision,Council shall be satisfied that the owner has entered into a Site Plan Agreement pursuant to Section 41 of the Planning Act. b) The maximum permitted height is 18 metres. Terms of use 5.(1)Every use of land and every erection,location or use of any building or structure shall be in accordance with this Order. (2)Nothing in this Order prevents the use of any land,building or structure for any use prohibited by this Order if the land,building or structure is lawfully so used on the day this Order comes into force. (3)Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased or its original use altered. (4)Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure. Page 71 of 528 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... Deemed by-law 6. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be and to always have been a by-law passed by the council of the Township of Oro-Medonte. Made by: STEVE CLARK Minister of Municipal Affairs and Housing Date made:XXX XX,2021 Back to top Page 72 of 528 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee... Part of Lot 21, Concession 7 Township of Oro-Medonte, County of Simcoe l- MAP No. XXX LEGEND Map filed at the office of the Ontario Subject Lands Ministry of Municipal Affairs and Housing,777 Bay St.,Toronto,Ontario Assessment Parcel Planning Act ® Economic Development Exception One(ED-1) Zone Ontario Regulation:XXX/21 Date:XXX Page 73 of 528 r ,4& 0a � L U 0 CL w co r - • Ln O • L •E • Cr • (1) fV W ` left wift V) LLJ LLJ u z QQ < � Ln 9�)-De.-putation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee. r 00 Z . H a �94 � f a � Otl� f 'A rt a Page 75 6#528 9.c) Deputation b on, MHBC Planning, on behalf of Wolf Stee. 1 1 • 4 • 1 r k �yy 1 • J Y A Page 76 of 528 M W ro 'V. 4 a-J w Altate� _ t....�•,�,,�. '1•:� O 4 ,4 N Q 4 Q O LLJ • r-I N N � ft O ca Q. • w ca v • Q • 4-J • E E w O � Q o i I� � 9.c) Deputation by ,. mie Robinson, MHBC P4Qnning, on behalf of Wolf Stee. cn (n a_' • L —0 O .� • a-j • a— —o 4-j O (� O O E a� ._ O 4� aA >. ._ Ln 4-j — L Ln E O a� z o -0 O x MO 4 w "ri • - 1 � 1 ' ,,,,, LLo 0 h UJ ab o Uj CL 5} 1 ., e 7 528J .. 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee. asCL 1pe c Iz 46 O a 0 , [ ' d O - • * 4� a--� Jc: ca �' C: � o c� co V) O •— :3 L U Q Oro O — .- +-� ca •— U �Ln `� O O •X w Jc: w •— O U O U m � �0 O Q) U . ca (1) U O cry ca = oc Page 80 of 528 � X W ro • Q • • aU • • • • • O • • ' E • • • w n.".00,__- , It y INAll � o Q � �1 O r � t � V 9.c) Deputation by Jamie Robinson, MHBC Planning, on behalf of Wolf Stee. a--) O ( ' ) E , > o , O �, E a� ca Q O 06 L o r L O E z3 v) Q . O � V) .� V U ca a > � Q Q + •- E -U Z3 Z3 C6 L —0 — •5 � a--+ � U V rc � oc >. 4-J U U M w Q cn Q Q .0 O Z E r_ E E on can C O — U on V v N EF � 4� w L Z (D _ LL LL Page 82 of 528 (rl f 444444 444444144444 # �I �.►_ � 4 4 4 4 4 4 4 41 4 4' +� 4 �4 '�-_-�--�.. '"`-. # 4 44444l4d4444444 # 44 44 4444444444444 � 4444 444444044144441-__ y �- 4 +4y f1rN44444444414"w , . �, �,— -� � >� 40'44414 � 4 �# 4 � 4i' 44 � 4 � t44�.^� -�- !' � 4 # � 4444 �l444444444444444444444 444v4444444 ' M444A414*1144' 44144444 +t444 `•410O'} 4444 '4 1 •-�_ 444144t4414p44 # '" ° 44d44444 # + ' 41 +� 4 444i4 04f444At44-0 ' � 44410 e444 + 4 44 w� �.4t44 # 44 , � • ' 4444 �1i,4 � 4i44 r 444 4 - , 4 4,4�, r 4 41/ q"44 R� 1�.44* 4 #4444R44� 4 .1 4 4 4 41 4 4 4 41l: .4444 4 4r* r VVIO 10.a) 11:00 a.m. Notice of Receipt of a Complete Application; Notice of... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for ttli<ck //c�� r,►�zlc� Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2018-ZBA-09 (2353970 Ontario Inc.) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the internet for public viewing and participation. Please refer to the Township's website(oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Act on the 30th day of June, 2021. Take notice that the Council of the Township of Oro-Medonte will hold a livestreamed Public Meeting on August 18, 2021 at 11:00 a.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Part of Lot 15, Concession 8 (Medonte), municipally known as 81 Moonstone Road East.A key map illustrating the location of the subject lands, and a copy of the applicants concept plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone portions of the lands from a Local Commercial (LC)Zone to: 1. A Residential One (R1)Zone that would permit the residential use of the lands; and 2. An Environmental Protection Exception (EP*##)Zone that would prevent development of lands within the hazard limit indentified by the Nottawasaga Valley Conservation Authority. The proposed Exception seeks relief from Section 5.27 of the Zoning By-law in order to not require a 30 metre setback for buildings and structures from lands zoned EP. This application has been submitted in conjunction with Consent Applications 2021-B- 26, 2021-B-27 and 2021-B-28,which propose to create three (3) new lots and to retain one (1) lot, for a total of four(4) lots for residential purposes. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/mun icipal-services/plan ning-information. Written submissions can be made by: 1. Emailed to plan ninW( oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or F:\Development Services\Planning\D-Development&Planning\D14 Zoning\2021 Applications\2021-ZBA-09(2353970 Ontario Inc) D14\Notice&Decision\Notice Complete App&PM(2021-ZBA-09)2353970 Ontario Inc.docx Page 84 of 528 10.a) 11:00 a.m. Notice of Receipt of a Complete Application; Notice of... refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(a)-oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Director, Development Services plan ninqaoro-medonte.ca Dated at the Township of Oro-Medonte this 19th day of July, 2021. Location Map Moonstone_Rd._W. moonstone Rd.E. �z c � J Ui m L: Q or. 3 Agnes_&t. a� �m Boyd Cres.. ® Subject Lands Page 85 of 528 10.a) 11:00 a.m. Notice of Receipt of a Complete Application; Notice of ... Applicant's Zoning Sketch 14 LLLLLLLLLLLL LLLLLLLLLLLL LLLLLLLLLLLL LLLLLLLLLLLL LLLLLLLLLLLL LLLLLLLLLLLL LLLLLLLLLLLL LLLLLLLLLLLL LLLLLLLLLLL LLLLLLLLL LLLLLLL LLLJOOO LLL 0 see Rmpery SCHEDULE"A„ w ZONING BY LAW 1 wA AMENDMENT ®INN©VATNEFLANNING SOLUTIONS �i�c[�� 81 MwaMone Road R, nxx veio>e T°w�lp MOn:.Med°to ® Lands tom rezoned from Local Commercial(LC) to Residential One(Rl) ® Lands tom rezoned from Local Commercial (LC)to Environmental Protect(EP`_) Page 86 of 528 10.a) 11:00 a.m. Notice of Receipt of a Complete Application; Notice of ... Applicant's Concept Plan oo � y„ E .E E E E E E a Z a q o 0 LU Ev in ry N Nl�- W W © -O �dG Q CV Q OC N It y IL LL $S z z e 99 CL � N uj w a • - s - a o �acl � - O a� a air w Ke Z0 LU "ell Q.e Kea. 0 �J) o�� -,ra1� Z V i O \' ea'�' c\ Q w Cj `PK \ aJ. 0 nr O �2 a I. d Q�woo' oA� A - L LU Z Z O� U O Z 4 J S O 4 a a0 Page 87 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... From: Moyle,Jacqueline<iacgueline.moyle@bell.ca> Sent:July 2, 2021 2:15 PM To:Witlib, Derek<dwitlib@oro-medonte.ca> Subject: 705-21-488 RE: Request for Comments, 81 Moonstone Road E, 2021-ZBA-09 & 2021-B-26, 27 & 28 Hi Derek, Re: B-26, 27 & 28 Details: • Application for Consent • 81 Moonstone Road East • Township of Oro-Medonte • Bell File 705-21-488 Subsequent to review by our local Engineering Department of the subject lands for the above noted consent file, it has been determined that Bell Canada has no concerns with respect to the proposed applications. If there are any questions or concerns, please do not hesitate to contact me. Thanks Jacquie Jacqueline Moyle External Liaison Bell Canada Right of Way M 1 140 Bayfield St. FL 2 Barrie, ON, L4M 3131 P: 705-722-2636 F: 705-726-4600 iacgueline.movle(cDbell.ca Page 88 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... From:Jakobi,Michelle<mjakobi@oro-medonte.ca> Sent:July 5,2021 7:59 AM To:Witlib,Derek<dwitlib@oro-medonte.ca>;Saunders,David<dsaunders@oro-medonte.ca> Subject:FW:Request for Comments,81 Moonstone Road E,2021-ZBA-09&2021-B-26,27&28 Hi Derek&Dave, The applications indicate servicing by private wells for these new lots. As discussed awhile ago with Dave these new lots can be serviced by existing Medonte Hills Drinking Water System if the watermains are joined/increased in size. See below. Is there anything that stipulates these new lots can be developed by private wells? k V Michelle Jakobi Acting Director,Environmental Services Township of Oro-Medonte Page 89 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... The applications propose to rezone the subject lands from Local Commercial(LC)to Residential One(R1)and Environmental Protection(EP)in order to facilitate the division of the lands into four(4)residential lots(3 new parcels and 1 retained parcel). The subject lands are located within the Moonstone Rural Settlement Area. Copies ofthe applications and supporting information for your review can be found by clicking the following link:https://ldrv.ms/u/s!AnA7ymV9MrPThn3y- kVed4F20MBQ?e=zbnflr Please send your department's/agency's review comments to planningca@oro-medonte.ca. We would appreciate receiving your comments by July 20,21 if possible. Derek Witlib Manager,Planning Services Township of Oro-Meclonte Page 90 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... From:Jakobi, Michelle Sent:July 27, 2021 12:06 PM To: Ceretti, Kendra <KCeretti@oro-medonte.ca> Cc: Saunders, David <dsaunders@oro-medonte.ca>; Robinson, Chad<crobinson@oro-medonte.ca> Subject: FW: Notice of Public Hearing and Public Meeting 2021-ZBA-09 and 2021-B-26 to 2021-B-28 The application indicates servicing by private wells for these new lots. Municipal drinking water servicing is the preferred method given proximity to the Medonte Hills Drinking Water System. Environmental Services is open to further exploring this opportunity with the proponent. Please see attached email. The existing watermains on either side of the subject property would need to be joined/increased in size. Sincerely, Michelle Jakobi Acting Director, Environmental Services Township of Oro-Medonte Page 91 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... From:Saunders, David <dsaunders@oro-medonte.ca> Sent:July 13, 2021 12:28 PM To: Planning<Plannine@oro-medonte.ca> Cc:Witlib, Derek<dwitlib@oro-medonte.ca> Subject: RE: Request for Comments, 81 Moonstone Road E, 2021-ZBA-09 & 2021-B-26, 27 & 28 Derek Having reviewed the above noted ZBA and Severance Application documents and the Preliminary Plan(s) for Building Placement/ Lot Grading, Development Engineering provides the following comments: • Development Engineering has No Objection to the above noted Applications; • Detailed Lot Grading Plans—in the form of an Overall Grading Plan and 4 (four) Individual Lot Grading Plans shall be required: o An Overall Engineered Grading Plan detailing the Servicing and SWM for the 4 (four) collective Lots shall be produced and Stamped by a Professional Engineer as a Condition of the above noted Application(s) process; o Individual Engineered Lot Grading Plan(s) shall be required at the time of Building Permit Application(s) for each of the individual Lots. Should you require further comment or detail, please contact me at your convenience. Stay Healthy ! Dave Page 92 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... From:Saunders, David <dsaunders@oro-medonte.ca> Sent:July 20, 2021 3:09 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing and Public Meeting 2021-ZBA-09 and 2021-13-26 to 2021-13-28 Development Engineering has No Objection to the above noted Applications, with the following comments: • An overall grading and drainage plan shall be developed as a Condition of the Consent Approval; and • Individual Engineered Lot Grading Plans for each of the above noted Lots (conforming with the overall plan) shall be included with Building Permit Application(s). Regards Page 93 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... From:Gary Kirstine<garyk@distributel.net> Sent:July 22, 2021 10:27 AM To: Planning<Planning@oro-medonte.ca> Subject: Re: Application B26, B27 & B28 My wife and I are the owners of two properties (#90 &94 Moonstone Road East) across the road from the proposed development. We are supportive of the application to rezone the property from Commercial to Residential and for the creation of 3 additional lots. This property has been derelict form many years and we think this development is a benefit to our community . Thank you Gary& Ellen Kirstine Page 94 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... From: angela van mazyk <angela vanmazyk@hotmail.com> Sent:August 3, 2021 12:08 PM To: Planning <Planning@oro-medonte.ca> Subject:81 Moonstone Rd E-Segregation of lot- 3 parcels and 1 retained parcel Good Afternoon: In going over the Lot Segregation for 81 Moonstone Rd E, Oro-Medonte,we have a concern as follows: 1. We are Lot 29, 9 Jennett Drive, Oro-Medonte-We are very concerned as to any removal of the Mature trees that Border our Property(Westerly Boundary)to the New Lot 1. We wish to voice this as an "Extreme Condition of Approval",that any trees in- between our properties be untouched,and that Council adds this as a "Condition"to the Consent Application. 2. We would like to be notified of the Township of Oro-Medonte's decision in respect to the application. Other than#1 above,we have no issueswith the application. Thankyou! John and Angela Van Mazyk 9 Jennett Drive Oro-Medonte,Ontario LOK 1NO 705-835-2911 Page 95 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... 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Q. can 4�A O a) O O .p (D o O E O +j a) — a) > = Q •U N E M N � '� Q O O cn '> 0 0 O `n Z3 a) O w O 'U a- w — O +-+ can Q .E can Page 125 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... M w N W E O V 0 cn 0 a--+ � >= w C: EC: O ° U (A � o Ca C: Ln O E •- W cn cr Page 126 of 528 10.a) 11 ,00 a.m. Notice of Receipt of a Complete Application; Notice of ... w 0 N z 1 ' ti3 0 �1r� �►,A�0a• Gel .too �o eaQ�r�,1�. tia�� �O3 �e a. �{e e" . Viral Ot- Ott `,P�e ' �6ac1 O �o ,�� o o• a z' oo. ova* Page 127 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Council Prepared By: CS2021-19 Jennifer Whitley, Coordinator, Economic Development & Communications Meeting Date: Subject: Tourism Product Motion # August 18, 2021 Gap Analysis & Policy Recommendation Award - Roll #: RFP # CS 2021-02 R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report CS 2021-19 be received and adopted. 2. That the Request for Proposal (RFP) CS 2021-02 —Tourism Product Gap Analysis & Policy Recommendations Project be awarded to CBRE Limited Tourism & Leisure Group in the amount of $29,900.00 plus HST; 3. That staff be authorized to execute the necessary contract; 4. That the proponents be advised of Council's decision under the Coordinator, Economic Development & Communications signature. Background: At the June 9, 2021 Council meeting, Council directed staff to initiate the next steps in the development of a municipal Tourism Strategy. Specifically, staff was authorized to execute a procurement process for a consultant to complete a Tourism Product Gap Analysis and Policy Recommendations Project. • For more information, please refer to Report CS2021-16 Analysis: The Township of Oro-Medonte continues to pursue opportunities to support the tourism sector, which is a key economic driver in the Township. Tourism businesses represent a significant number of jobs and tax base within the municipality. A Tourism Investment Gap Analysis and Policy Recommendation report will provide a foundation for the next steps of tourism product development and investment opportunities in the Township. Corporate Services August 18, 2021 Report No. CS2021-19 Page 1 of 5 Page 128 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... This recommended initiative directly aligns with the Township's Economic Development Strategy Objective 1 to support and positively influence the development of new and existing four-season tourism products in the Township and Objective 2 to maintain and enhance tourism/recreational infrastructure in the Township. An experienced consultant, in collaboration with staff, will engage and work with existing tourism attractors to identify opportunities to enhance, expand and evolve the quality and value of offerings in the Township to attract more visitors, entice longer stays and further spending in the municipality. The final recommendations and actions will need to consider sustainability and position Oro-Medonte as a destination for investment and growth in Tourism. A key outcome is to provide recommendations for consideration for the Township's Official Plan and Zoning By-law update which is currently in process. A Tourism Product Gap Analysis will review the current tourism product offerings and look for future opportunities that will best support the current tourism businesses and identify what will be the best fit for the Township in the next 5 years. This analysis will provide a plan and showcase opportunities for the Township and identify areas in the Township that the tourism opportunities would be best suited while supporting sustainability. The successful proponent for this project must have extensive experience in tourism as a whole, and more specifically with tourism investment opportunities. It is ideal that the proponent have prior municipal experience, and it is deemed an asset to be familiar with the area. The proponent must have strong stakeholder engagement skills and analytical skills to understand the region, our businesses and tourism trends. As an outcome of this project is to provide policy recommendations, it is important that the proponent have someone on their team that can provide this skill set and expertise. In accordance with the Township's Purchasing & Tendering Procedures By-Law, an RFP was required. The RFP was drafted by Jennifer Whitley, Coordinator, Economic Development & Communications in consultation with Donna Hewitt, Director Corporate Services and Andria Leigh, Director of Development Services. Please see Appendix A for the full RFP. The RFP included the request for consultation services for two components: a Tourism Product Gap Analysis and Planning Policy Recommendations. This project will be funded partially through the Simcoe County Tourism Fund. RFP CS2021-02 for the Tourism Product Gap Analysis and Policy Recommendations Report was posted publicly on the Township Website and on Biddingo.com on June 24, 2021 . Biddingo.com is an online Government Contract portal that connects suppliers from across Canada who provide goods and services to buyers from the Provincial, Municipal, Education, Crown Corporation, Housing, Construction and Healthcare sectors. Seven (7) proponents responded to the RFP by the July 14, 2021 deadline. The seven proposals were submitted electronically, an email receipt confirmed that they were received. Corporate Services August 18, 2021 Report No. CS2021-19 Page 2 of 5 Page 129 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... The proposals were reviewed to ensure all requirements were met prior to the evaluation and ranking. The Evaluation Committee who consisted of Donna Hewitt, Andria Leigh, and Jennifer Whitley completed the ranking of each proponent and had lengthy discussions about the submissions, based upon the criteria included in the RFP and noted below. Item Evaluation Criteria Points 1 Quality and Completeness of Proposal 15 2 Company Background and Relevant 25 Experience & Examples 3 Budget 20 4 Work Plan, Methodologies and Timelines 30 5 Client References 10 Total Available Points 100 The seven proponents were: Proponent Proposed Budget (excl.HST) Ainley Group (Ainley & Associates Limited) $29,752.50 CBRE Limited Tourism & Leisure Group $29,900.00 C4 Strategies $30,000.00 Explore Solutions $26,747.50 KWL Advisory Consulting $29,985.00 Strategy Corp $28,999.00 Strexer Harrop and Associates $29,045.00 The Evaluation Committee reviewed other similar projects completed by the proponent, consulted with the partners on the project (RTO7 & Tourism Simcoe County), conducted interviews and subsequently followed-up with the lead proponent to verify information and project activities. Staff have also completed reference checks. Based on this detailed analysis, it is recommended that CBRE Limited — Tourism & Leisure Group be awarded the Tourism Product Gap Analysis & Policy Recommendation contract. If approved this project will commence immediately, following the award of the RFP. Completion of the project will be in late November, early December 2021 , with a report to Council aligning with timelines for consideration in the Official Plan and Zoning By- law update. Financial / Legal Implications / Risk Management: A Tourism Product Gap Analysis & Policy Recommendations project budget allocation of $35,000.00 (including HST) has been approved by Council. The Township of Oro- Corporate Services August 18, 2021 Report No. CS2021-19 Page 3 of 5 Page 130 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Medonte will contribute to a maximum of$25,000.00 to the project from the approved Capital Budget for 2021 ; Simcoe County (Tourism Simcoe County) will contribute $10,000.00 to the overall project. The award is within the approved budget allocation. Policies/Legislation: • Township Official Plan & Zoning By-law • Provincial Policies Corporate Strategic Goals: • Balanced Growth • Inclusive, Healthy Community Consultations: • Evaluation Committee • Reference Checks • Regional Tourism Organization 7 (RTO7) • Tourism Simcoe County • Orillia Area CDC & Regional Tourism Investment Project Group • Orillia & Lake Country Tourism Attachments: • Appendix A - Request for Proposal RFP # CS 2021-02: Tourism Product Gap Analysis & Policy Recommendations Conclusion: A Tourism Product Gap Analysis specific for Oro-Medonte will build on the regional investment work completed in 2019, narrowing the scope to be focused and specific and provide opportunities that are unique to our rural municipality while complementing the current tourism businesses, and the tourism sector as a whole. The outcome will establish and provide accompanying policies and recommendations to support future tourism related developments that will tie into the Township's Comprehensive Official Plan & Zoning By-law update currently targeting completion in 2022. Sustainable tourism will be considered and take into account current and future economic, social and environmental impacts, addressing the needs of visitors, the industry, the environment and our community. Respectfully submitted: Corporate Services August 18, 2021 Report No. CS2021-19 Page 4 of 5 Page 131 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Jennifer Whitley, Coordinator, Economic Development & Communications Approvals: Date Donna Hewitt, Director Corporate Services August 10, 2021 Robin Dunn, CAO August 11, 2021 Corporate Services August 18, 2021 Report No. CS2021-19 Page 5 of 5 Page 132 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... -ram Township of Proud Heritage, Exc.-ithkr Future The Corporation of the Township of Oro-Medonte Request for Proposal RFP # CS 2021-02 TOURISM PRODUCT GAP ANALYSIS & POLICY RECOMMENDATIONS Emailed PDF Proposals, clearly marked as to contents, will be received by Corporate Services, via email vcooper@oro-medonte.ca, no later than 3:OOpm (15.00) local time, Wednesday, July 14, 2021 Late proposals will not be accepted. Requirements for: Tourism Product Gap Analysis & Policy Recommendations All proposals are subject to the terms and conditions of the Request for Proposal, the accompanying specifications, and all other contract provisions or data that is incorporated. If further information is required, contact: Corporate Services; Jennifer Whitley Economic Development & Communications Coordinator (iwhitley(a�oro-medonte.ca) The Corporation of the Township of Oro-Medonte reserves the right to accept or reject all or part of any proposal, and to accept the proposal that is in the best interest of the owner. Page 1 of 62 Page 133 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Contents Definitions ....................................................................................................................... 7 Part I Project Terms of Reference.......................................................................... 9 1. Introduction ...................................................................................................... 9 2. Background...................................................................................................... 9 3. Current Situation ............................................................................................ 11 4. Scope of the Project....................................................................................... 12 5. Timeframe of Project...................................................................................... 13 6. Project Requirements and Deliverables......................................................... 14 Background Documents ................................................................................. 15 7. Contents of Proposals.................................................................................... 15 Part 11 Instructions to Proponents ............................................................................. 17 1 . Delivery of Proposals ..................................................................................... 17 2. Proposal Schedule......................................................................................... 17 3. Competition Intended ..................................................................................... 17 4. Inquiries ......................................................................................................... 18 5. Addendum/Addenda ...................................................................................... 18 6. Site Meeting ................................................................................................... 18 7. Mandatory Proposal Requirements................................................................ 18 8. Checking of Proposals ................................................................................... 19 9. Late Submission............................................................................................. 20 10. Proposal Opening .......................................................................................... 20 11. Amendment of Proposals............................................................................... 20 12. Right to Accept or Reject Proposal ................................................................ 20 13. Proposal Evaluation ....................................................................................... 20 Page 2 of 62 Page 134 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 14. Evaluation Criteria.......................................................................................... 20 15. Negotiations................................................................................................... 22 16. Presentation & Interview ................................................................................ 22 17. Award Determination...................................................................................... 22 18. Execution of Award ........................................................................................ 24 19. Order of Precedence...................................................................................... 24 20. Alternative Dispute Resolution. ...................................................................... 24 21 . Contract Additions & Deletions ...................................................................... 25 22. Proponent Qualifications................................................................................ 25 23. Proponent's Statement of Understanding....................................................... 25 24. Term of Contract ............................................................................................ 25 25. Irrevocability of Proposals .............................................................................. 26 26. Errors and Omissions..................................................................................... 26 27. Proponents Expenses.................................................................................... 26 28. Changes to Proposal Wording ....................................................................... 26 29. Price Components.......................................................................................... 26 30. Freedom of Information.................................................................................. 26 31 . Bribery/Fraud ................................................................................................. 27 32. Cancellation ................................................................................................... 27 33. Insurance ....................................................................................................... 27 34. Workplace Safety and Insurance Board (WSIB) ............................................ 28 35. Regulation Compliance and Legislation......................................................... 29 36. Laws of Ontario.............................................................................................. 29 37. Indemnification............................................................................................... 29 38. Force Majeure................................................................................................ 29 39. Severability .................................................................................................... 30 Page 3 of 62 Page 135 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 40. Termination of Contract.................................................................................. 30 41. Termination by Notice .................................................................................... 30 42. Termination for Cause.................................................................................... 30 43. Suspension of Work....................................................................................... 30 44. Suspension in Future ..................................................................................... 31 45. Failure to Comply with Owner Decisions........................................................ 31 46. Evaluation of Performance............................................................................. 31 47. Time is of the Essence................................................................................... 32 48. Safety Standards............................................................................................ 32 49. Non-Waiver.................................................................................................... 32 50. Non-Assignment ............................................................................................ 32 51. Emergency Telephone Number ..................................................................... 32 52. Personal Property Security Act ...................................................................... 32 53. Confidentiality of Information.......................................................................... 32 54. Conflicts of Interest ........................................................................................ 33 55. Township Not Employer................................................................................. 34 56. Purchasing and Tendering Procedures By-Law 2004-112, By-Law 2012-216 34 57. Working Language......................................................................................... 34 58. Intellectual Property ....................................................................................... 34 59. Accessibility ................................................................................................... 35 60. Township of Oro-Medonte Payment Terms.................................................... 35 Part III Form of Proposal............................................................................................ 37 ScheduleI — Budget...................................................................................................... 43 Schedule II - List of References .................................................................................... 44 PartIV Agreement...................................................................................................... 46 PartV Appendices .................................................................................................... 53 Page 4 of 62 Page 136 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Accessibility for Ontarians with Disabilities (AODA) .................................................... 55 Contract Change Order Sample.................................................................................. 57 Instructions for Use for Change Orders (if applicable) ................................................ 58 Proposal Irregularities ................................................................................................. 60 Page 5 of 62 Page 137 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... [Intentionally Left Blank] Page 6 of 62 Page 138 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Definitions The following definitions apply to the interpretation of the Request for Proposal and Contract Documents; 1. "Addenda or Addendum" means any additions, deletions, modifications or other changes to the Contract Document and all corresponding Schedules and Appendices. 2. "Business Day" means any day from Monday through Friday between the hours of 8.30 am and 4.30 pm, excluding statutory holidays observed by The Township of Oro-Medonte. 3. "Calendar Day" means Monday through Sunday inclusive, but excluding any recognized statutory holiday. 4. "Closing Date" means the date and time specified in Instructions to Proponents, by which all Proposals shall be received and stamped by the Owner. 5. "Conflict of Interest" has the meaning that if there is an actual or potential Conflict of Interest in preparing its Proposal, and/or the Proponent(s) foresees an actual or potential Conflict of Interest in performing the works required under the Contract. 6. "Contract" means the agreement in writing governing the defined Work, which has been executed by the Owner and the Successful Proponent following acceptance by the Owner of the Successful Proponent's submission and subsequent signed agreement. 7. "Contract Documents" means a form of agreement, together with the Standard Conditions, Specifications, Schedules and Appendices, if any, which constitute the entire understanding between the Township and a Proponent submitting a Proposal regarding the Work. 8. "Council" means the elected Council for the Township of Oro-Medonte. 9. "Finance Department" means the Chief Financial Officer/Treasurer or his/her designate working within the Finance Department. 10. "Form of Proposal" are the standard forms provided in the Contract Document. Proponents must complete and submit the forms contained within this section in order to provide the necessary information for the evaluation of the submission for the purpose of entering into a Contract with the Owner in the event of award. 11. "Mandatory Requirements" means those requirements described in Instructions to Proponents, which shall be fully satisfied in order for any Proposal to be considered by the Owner as compliant. Page 7 of 62 Page 139 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 12. "May" used in this document denotes permissive. 13. "Owner" refers to The Corporation of the Township of Oro-Medonte, as the case may be, and as identified in the Request for Proposal, and Contract Documents for the purpose of the award, execution and performance of the Contract. 14. "Proposal" or "Submission" refers to the information submitted by a Proponent in response to this Request for Proposal. 15. "Proponent" means the legal entity submitting a Proposal. 16. "Request for Proposal" or "RIFF means the document issued by the Township and used to solicit Proposals from Proponents to provide goods, services or construction to the Township. 17. "Shall" and "Will" used in this document denotes imperative. 18. "Sub-Contractor" or "Sub-Consultant" means a legal entity approved by the Owner undertaking the execution of a part of the Work pursuant to an agreement with the Proponent. 19. "Successful Proponent" means the Successful Proponent(s) whose Proposal has been accepted by the Township and to whom the Contract is awarded. 20. "Supply" means to provide the necessary tools, material, equipment, and product to satisfy the Request for Proposal requirements. 21. "Township" means The Corporation of the Township Of Oro-Medonte 22. "Work" means Work/service performed to meet a demand to comply with the conditions of the Contract, delivery dates, specifications and technical assistance. 23. "Sustainable" Tourism (or responsible tourism) is the tourism that takes full account of its current and future economic, social and environmental impacts, addressing the needs of visitors, the industry, the environment and host communities. Page 8 of 62 Page 140 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Part I Project Terms of Reference 1. Introduction Oro-Medonte is your four-season culture and recreation destination! Home to first-class ski resorts and golf courses, a vast network of recreational trails perfect for hiking and mountain-biking, hundreds of kilometres of smooth hardtop for leisurely cycling tours, and access to year-round fishing opportunities, Oro-Medonte offers the perfect place for the outdoor recreation enthusiast to get away. The Township's rich history and arts scene also provide an array of cultural experiences for guests and residents alike, all in a truly spectacular rural setting. The Township is a diverse and beautiful community with a central location in Ontario. With a population of 23,500 full time residents, it covers a land area of 61 ,000 hectares, stretching from the westerly border with Barrie, the southerly border with Lake Simcoe, the easterly border with Orillia and Severn Township and the northerly border shared with Tay and Severn Townships. The Township is comprised of a number of smaller hamlets, with Craighurst containing some components of a traditional downtown including shopping and dining. The Township's prime location provides residents and visitors alike with the riches of rural life and the convenience of a short drive to Barrie, Orillia and the Greater Toronto Area. The Township is accessible by: • Provincial Highways 11, 12 and 400 and the County of Simcoe road systems; • The Lake Simcoe Regional Airport operated by the City of Barrie and the County of Simcoe, which is located in the Township; • The Canadian Pacific Rail line, which passes through the Township as it travels from Toronto to Vancouver; • The Lake Country Oro-Medonte Rail Trail which links the Cities of Barrie and Orillia; and • Lake Simcoe. 2. Background Tourism is a key focus for Economic Development in the Township of Oro-Medonte. To recognize the importance of tourism to the municipality, specific objectives and actions were approved as elements within the Economic Development Strategy 2018-2022. The following objectives were included to support and promote Oro-Medonte as a premier four-season destination. Objective 1: Support and positively influence the development of new and existing four- season tourism products in the Township. Page 9 of 62 Page 141 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Action Areas: o Maintain and expand partnerships related to tourism marketing and product development at the local and regional levels. • Explore providing packaging support for local and regional tourism operators to increase overnight tourism visits. o Work with regional tourism partners and industry stakeholders to develop an action plan for tourism development. Objective 2: Maintain and enhance tourism/recreational infrastructure in the Township. Action Areas: o Identify existing recreational assets and their status. o Identify user groups and clubs that have a vested interest in the Township's recreational assets. o Consult with the community and tourists about recreational needs. o Develop a plan to support and/or expand tourism/recreational assets. o Enhance local wayfinding signage and community branding. Oro-Medonte is home to multiple major tourism businesses, bringing economic prosperity to the Township. These businesses deliver 4 seasons of opportunity for tourism, providing jobs for residents and support to the ancillary tourism businesses, including restaurants and retail stores operating in and around the Township. The Township participates in tourism product and experience development initiatives to encourage more tourism to the area and benefit the region. The Township works closely with tourism partners including Tourism Simcoe County(TSC), Orillia & Lake Country Tourism (OLC), Regional Tourism Organization 7 (RTO7) and others. Some of the past product development projects that have been initiated, and have successfully contributed to the growth of this sector include: cycling including road, trail and mountain biking, paddling and fall driving tours. New and more recent initiatives include the barn quilt trail, motorcycle routes and agri-tourism developments. These types of products and experiences provide more reasons for people to visit Oro-Medonte, stay longer and spend more and also represent opportunities for businesses to partner and promote one another. For several years the Township has worked in partnership with the Orillia Area Community Development Corporation (CDC), Tourism Simcoe County (TSC) Orillia & Lake Country Tourism (OLC) and the municipalities within the region on a Tourism Investment Project. The project included a complete assessment of tourism products and analysis of the broader region inclusive of stakeholder interviews. The final report was complete with potential Tourism Investment opportunities identified for the region, the final result included three (3) feasibility studies for the top regional opportunities — Family Entertainment Centre, Waterfront Restaurant and Glamping. A website was Page 10 of 62 Page 142 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... created as a source of information and centralized access point for potential investors and inquiries to learn more about the outcomes of the project and highlight the top reasons the region of Orillia & Lake Country should be considered for tourism investment. In the last couple of years the Township has seen growth in new developments that are directly or indirectly related to tourism, resulting in an increased number of visitors to the region. These developments include the Lake Simcoe Regional Airport (LSRA) expansion, Vetta Spa, Oro Station Automotive Innovation Park and the recently purchased Carriage Ridge and Carriage Hills Resort. On a smaller scale but very much in high demand is the expansion of Glen Oro Farms and the unique glamping and agri/eco-tourism experiences that the farm now offers and other popular agri tourism businesses including Quayle's Brewery and Heritage Estates Winery and Cidery to name a few. The ski resorts including Hardwood Ski & Bike, Horseshoe Resort and Mt. St. Louis Moonstone have all invested significantly in their resort operations. Township staff have received multiple inquiries over the last few years and more frequently most recently from individuals with unique ideas for overnight accommodations, outdoor recreation opportunities and agri-tourism initiatives including on-farm experiences. They are looking for available land that is zoned appropriately to accommodate their business plans. As a result of current Provincial policy limitations on employment lands and zoning requirements for available, marketable lands, the Township has lost potential new businesses. Additionally, and of particular concern, is the fact that some of our current businesses who are looking for future expansion opportunities that are complementary to their operations and accommodate their growth are limited based on these existing Provincial policy limitations. As noted above, Tourism is a key focus sector for the Township both from a strategic planning perspective and with respect to staff priorities. The need to conduct a Tourism Strategy was identified and approved in the 2021-2022 budget as a tool to guide future Township focus. Specifically, that strategy was meant to identify roles and responsibilities for the municipality considering the activities of other players in the sector (OLC, Oro-Medonte Chamber of Commerce, TSC, RTO7 etc.); define and detail specific actions the municipality and staff should be pursuing. It is staff's recommendation that a further element required to round out the Township's Strategy is with respect to Tourism, specifically, an assessment of the types of tourism products that best suit the future needs of the municipality given its natural environment, topography, location etc., a Tourism Product Gap Analysis & Policy Recommendation is necessary as the next step. 3. Current Situation A Tourism Product Gap Analysis (TPGA) specific for Oro-Medonte will build on the regional work completed, narrowing the scope to be focused and specific and provide opportunities that are unique to our rural municipality while complementing the tourism sector as a whole. A TPGA will provide a comprehensive review of the current tourism sector including new developments, closures and determine tourism asset gaps & Page 11 of 62 Page 143 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... commercial needs in the Township. The analysis will identify what products/experiences can be enhanced or developed by existing businesses/operators and where there are opportunities to attract new investment based on our Township profile and combined with research on current and future tourism demands and trends. An important component of this project would be to recommend ideal areas in the Township that would be suited for identified businesses/products. The outcome would establish and provide accompanying policies and recommendations to support future tourism related developments that will tie into the Township's Comprehensive Official Plan & Zoning By- law update currently targeting completion at the end of 2021/early 2022. The recommendations need to be compatible and complimentary to the businesses and the community, while conforming with current Provincial policies. Sustainable tourism must be considered and take into account current and future economic, social and environmental impacts, addressing the needs of visitors, the industry, the environment and our community. The outcomes of this project will tie into the next steps for the Tourism Action Plan and fit into the timeframe for the kick off of this approved project at the end of 2021. The Consultant and staff will engage and work with existing tourism attractors to discuss opportunities to enhance, expand and evolve the quality and value of offerings in the Township to drive more visitors, entice longer stays and further spending in the municipality. Consideration will need to be given based on stages, including prior to COVID-19, as well as recovery and post recovery. The final recommendations and actions will position Oro-Medonte as a destination for investment and growth in Tourism and provide policy considerations for the Township's Official Plan and Zoning By-law update. Consideration will need to be given to supporting industries and what services are available and will work as viable and successful options or products. Understanding the Township and neighbouring municipalities' assets, services and other relevant by-laws will be important to provide suitable recommendations. The goal is to guide industry and municipal investment in developing Oro-Medonte as a destination over the next five years. Including visitor attractor infrastructure and physical assets, services and programs related to visitor experiences. The outcomes should consider recovery and resiliency due to the COVID-19 pandemic, and consideration of risk mitigation for future pandemics. Industry and local governments need to work together with a common vision and roadmap to support a single plan for development of Oro-Medonte as a destination. 4. Scope of the Project The Township of Oro-Medonte is seeking consulting services to complete a Tourism Product Gap Analysis and Provide Policy Recommendations and next steps that leverages and supports the growth of existing tourism assets in Oro-Medonte and opportunity for potential development of new tourism products and experiences: • Review of previous work completed through the regional tourism investment Page 12 of 62 Page 144 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... activities and most current environmental scan; • Conduct independent research that builds on previous research to analyze the current tourism asset list and update accordingly specifically for Oro-Medonte; • Engaging Stakeholders through consultations, incorporating and developing questions along with Township staff, including various options of interactions; up to 12 individual business interviews, up to 6 interviews with potential business operations who have inquired with the Township, plus digital surveys to be proposed by the respondent recognizing uncertainties of COVID-19; • Consideration of what opportunities will complement existing tourism businesses and activities in the Township, that will increase visitation in a sustainable manner, which would in turn increase spending and overnight stays in the Township, ideally in shoulder seasons (spring/fall) or mid-week; • Assessment of product lifecycle of current outdoor products and their trends, consideration to post COVID trends pertaining to the Township's current tourism and; • Identifying current and future operational impediments of Oro-Medonte's businesses to determine common concerns and provide recommended next steps in addressing them (eg. Workforce, transportation, servicing etc.) • Development of a prioritized list of recommended tourism products, experiences or investment opportunities; • Final recommendations should include the overall list of potential opportunities and highlight a minimum of the top 5 opportunities for development; • Provide recommendations identifying suitable areas in the township for the developments and what their current zoning restrictions are, any attributes to the area and why this would be the best fit; • Recommendations for the policy framework to be considered for the update of the Township's Official Plan & Zoning By-law update; • Suggested Actions - next steps to support and look for funding opportunities and partnerships; • Final report should be able to be used for tourism investment attraction purposes and to support future development opportunities. 5. Timeframe of Project The following is the proposed timing for thisproject: Release of RFP Thursday, June 24, 2021 Last day for questions, errors or Tuesday, July 6, 2021 omissions from proponents Deadline for Final Addenda Wednesday, July 7, 2021 RFP Closing Wednesday, July 14, 2021 3:OOpm Evaluation of Proposals Upon Closing of RFP submission Proponent Presentations/ Interviews Week of July 26, 2021 Award of Contract Week of August 2, 2021 Project Commencement Week of August 9, 2021 Page 13 of 62 Page 145 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Pro ect Team Briefings Ongoing Final Presentation November 2021 (This timetable may be changed by the Township at any time) 6. Project Requirements and Deliverables The successful Proponent will be required to provide a project plan that includes a breakdown of phases, tasks, deliverables and associated timing. The successful Proponent will provide the following: • An economic profile of visitors to the Township of Oro-Medonte, which includes an analysis of tourism trends which are anticipated to influence the economy across Canada, Ontario, County of Simcoe & Oro-Medonte; • Based on the available list of tourism assets and current environmental scan of the region, provide a detailed evaluation of the tourism infrastructure, visitor amenities & services including accommodations and hospitality assets specific to Oro-Medonte Township; • A destination analysis with the lens of the destination prior to and as a result of COIVD-19 to guide recovery and resiliency, including all tourism attractors, activities, events, experiences etc. that attracts audiences from outside the region; • A comprehensive list of opportunities and gaps which may exist within established tourism business operations as well as in general across the municipality in tourism products with consideration of any product shortfall, unique and feasible opportunities; • In partnership with the Township include GIS mapping of current tourism assets and future potential areas; • Provide an assessment of enabling policies that could be considered for inclusion in the Township's Official Plan or specific zoning by-law provisions that would support the desired tourism growth,. Suggested policies should be addressed to achieve a balance between community needs, tourism objectives, and Provincial policies, and provide best practice examples from comparable municipalities. • All interview survey data will be owned by the Township and will be provided upon request; • A final report with the above details plus: o Recommended phased actions o Key performance indicators o Submission of findings • Any additional background information that would be beneficial to support the growth of tourism in the municipality Once approved, a final report should include a consolidation of the workcompleted, including reasoning for all decisions and recommendations that are ready first for Page 14 of 62 Page 146 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Township staff review and then a presentation to Council and the public completed by the contracted Consultant. A budget allocation of up to $30,000.00 has been approved for the Tourism Product Gap Analysis and Policy Recommendations based on Township of Oro-Medonte budgets and approval from the County of Simcoe for the Tourism Partnership Program. Background Documents Background information provided upon request; • Oro-Medonte Strategic Plan • Oro-Medonte Economic Development Strategy • County Economic Development and Tourism COVID-19 Recovery Plan • County Economic Development Strategy (2021 — 2025) • Orillia & Lake Country Investment Project • List of Past Inquiries • Township Official Plan and Zoning By-Law • County of Simcoe Official Plan • Visitor Data Profiling and Environics Prizm data • Provincial — Discover Ontario: A report on the future of Tourism • The Lake Simcoe Tourism Assessment (Premier Ranked), 2007 • RTO7 Destination Development Plan (2011) • Other Available RTO7 Documents • OMAFRA Guidelines on Permitted Uses in Ontario's Prime Agriculture Areas 7. Contents of Proposals The Request for Proposal response submission shall include at a minimum the following information: 1. Table of Contents, at the front of the submission 2. Completed Proponent Information Form 3. Company Background and Relevant Experience: a) Provide an outline of your company background and experience in relation to this project; b) Provide samples of similar projects, including links to further information, which your company has been involved with, including at least 2 references (recent clients); c) Describe the unique strengths that your firm can bring to the project and how these set your firm apart from others. 4. Personnel Summary: a) Provide information related to the qualifications and experience of the personnel Page 15 of 62 Page 147 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... who will be assigned to work directly on this project, including resumes, documentation of accreditation and/or letters of reference. 5. Work Plan and Timelines a) Provide a detailed work plan of the services to be provided, including all of the tasks, milestones and timelines. Indicate the personnel responsible for each task. The timeline schedule should have sufficient details to clearly demonstrate a full understanding of the timelines associated with the completion of the project. b) A description of the submitting Consultant's understanding of the assignment, including a description of the overall approach. c) The Project Work Plan should also include a detailed methodology that should take the form of a description of the steps to be followed in order to successfully meet the project's goals and objectives. This plan will indicate the sequencing and staging of tasks, key decision points, expected completion date for each task and the interrelationship between the completion of the task and the preparation of the project deliverables. d) A statement indicating a willingness to sign a formal agreement 6. Completed Form of Proposal 7. Completed Schedule II — List of References 8. Completed Conflict of Interest Form 9. Completed AODA Declaration Form 10. Budget a) Provide a detailed budget sheet with number of hours, hourly rates and totals assigned to each individual personnel assigned to this project; b) Identify any out of pocket expenses & disbursements; c) Identify any sub-consultant(s) that will be used on the project and appropriately include their fees in the detailed budget sheet; d) Completed Schedule I — Budget (breakdown where possible). Page 16 of 62 Page 148 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Part II Instructions to Proponents 1. Delivery of Proposals The Form of Proposal, together with all supporting documentation, is to be submitted attached in PDF format to an email. If the attachments total size is 10mb or more please send an email, and include a Dropbox link for attachments. Please ensure that the name of the proponent, and name of project is included in the email. The email will be responded to along with a date and time stamp according to the email address submitted to. Proposals time stamped after 3.00 p.m. (15.00 hours) are late and shall be deemed non-compliant and shall be returned to the Proponent. All Proposals shall be irrevocable and shall remain open for acceptance, at the prices quoted, for up to ninety (90) calendar days from the closing date and time. In submitting a Proposal, each Proponent agrees that, notwithstanding anything to the contrary, the Township may notify the successful Proponent at any time within the ninety (90) calendar days that its Proposal has been accepted. 2. Proposal Schedule Release of RFP Thursday, June 24, 2021 Last day for questions, errors or Tuesday, July 6, 2021 omissions from proponents Deadline for Final Addenda Wednesday, July 7, 2021 RFP Closing Wednesday, July 14, 2021 3.00 pm Evaluation of Proposals Upon Closing of RFP submission Proponent Presentations/ Interviews Week of July 26, 2021 Award of Contract Week of August 2, 2021 Project Commencement Week of August 9, 2021 Project Team Briefings Ongoing Final Presentation November 2021 Note: Although every attempt will be made to meet all the dates, the Township reserves the right to modify any or all dates, and closing time at its sole discretion. 3. Competition Intended It is the Township's intent that this Request for Proposal (RFP) permit competition. It shall be the Proponents responsibility to advise the Economic Development & Communications Coordinator, in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received no later than seven (7) calendar days prior to the date set for RFP closing date and time. Page 17 of 62 Page 149 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 4. Inquiries All inquiries concerning this Proposal, including specifications, process and results are to be directed in writing (e-mail) through: Corporate Services; Jennifer Whitley, Economic Development & Communications Coordinator iwhitley(&oro-medonte.ca Inquiries shall not be directed to any other Township employee. No clarification requests will be accepted by telephone. A transcript of the questions and answers will be made available, via the method authorized for advertising the RFP, on or before the date as listed in this document. Questions or clarification will be answered individually in writing in a transcript, but response(s) to any question that modified the scope of this document will be issued as an Addendum and circulated via the method authorized for advertising the RFP. 5. Addendum/Addenda Addendum/Addenda if required will be issued by the Township and shall hereby form part and parcel of the Contract Documents. Failure to acknowledge Addendum/Addenda issued may result in a non-compliant submission. All Addendum/Addenda should be issued to the Proponents forty-eight (48) hours prior to the Closing date and time via the method of RFP listing. It is the responsibility of the Proponent to ensure they have received all Addendum/Addenda that have been issued. The Township of Oro-Medonte will assume no responsibility for oral instructions or suggestions. Prior to submitting their Proposal, Proponents should check the Township's website (www.oro-medonte.ca) to verify they have received all Addenda. 6. Site Meeting Will be determined if necessary during the kick off meeting. Visitation to the Township may be helpful as part of the process. 7. Mandatory Proposal Requirements Failure to adhere to the following Mandatory Proposal Requirements shall result in the Proposal being declared a non-compliant Proposal: i. Proposals shall be received via Email, as set out in the RFP, by the Owner prior to the stated Closing date and time; ii. Proposals shall be submitted complete and in the original Form of Proposal, as Page 18 of 62 Page 150 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... supplied, without any unauthorized alterations, additions, deletions or qualifying statements made to or provided with the Form of Proposal. iii. The Form of Proposal shall be `original' with an `original' signature(s) that is signed in the spaces provided by a duly authorized official of the Proponent; iv. The Proponent shall attend all mandatory site meetings, if applicable; and V. The Proponent shall be previously qualified, under a related pre-qualification process, if applicable. If the Proposal is a joint submission of two (2) or more Proponents, a single Proposal is to be coordinated and submitted by one (1) Proponent, who shall be identified as the "Lead Proponent" and shall take full responsibility for all associated Proponents. Signatures on behalf of a non-incorporated body or by individuals shall be witnessed. In the case of an incorporated company, the corporate seal shall be affixed to the Form of Proposal adjacent to the authorized signature. 8. Checking of Proposals Proposals opened are checked by Corporate Services to ensure that: i. the required Bid security is provided and properly executed, if applicable; ii. all Proposals submitted comply with the Mandatory Proposals Requirements; iii. all arithmetic extension calculations are correct; iv. where there is an obvious error in extensions, additions or computations, the Township shall be entitled to correct such errors based on the unit prices supplied, and the corrected total shall be considered as representing the intention of the Proponent, and shall be used as the basis for comparison of Bids. For greater certainty, any failure by a Proponent to insert a unit price where required shall be deemed to be a $ "0" value; v. all items as specified have been bid on; vi. all strikeouts, erasures or overwrites are initialed by an authorized person; vii. no claims or litigation proceedings have been instituted by the Proponent against the Township, or in turn by the Township against the Proponent; and viii.all addenda have been acknowledged on the Form of Proposal in the space provided. In any of the above circumstances where there are obvious or patent errors such as Page 19 of 62 Page 151 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... misplaced decimals, the Owner shall consider the intent of the Proponent. 9. Late Submission Proposals received after the closing date and time will not be considered during the selection process and will be returned unopened to the respective Proponent. 10. Proposal Opening Proponents are advised there will not be a public opening for this Request for Proposal. Proposals received, by the date & time of closing, will be opened administratively by respective members of the Corporation and/or the Evaluation Team, at a time subsequent to the closing. 11. Amendment of Proposals Proponents who have submitted a Proposal may amend it up to the Closing Date and Time by submitting a replacement Proposal. Amended Proposals must be sealed and submitted in accordance with all other requirements included in this document. The amended Proposal will clearly be marked "Amended" and should clearly indicate that it replaces any other submitted version. In the case of a discrepancy, the Township will deem the last Proposal received prior to the Closing Time, to be the valid Proposal. 12. Right to Accept or Reject Proposal The Corporation of the Township of Oro-Medonte reserves the right to accept any Proposal, in whole or in part, that it feels most fully meets the selection criteria. Therefore, the lowest cost Proposal, or any Proposal may not necessarily be accepted as per The Township of Oro-Medonte's Purchasing and Tendering Procedures By-law 2004-112, as amended. Township staff shall evaluate all Proposals received by the Closing Date and make evaluations and recommendations for acceptance. The Tenderer is advised that the scope of works as required by this tender may be changed at the discretion of the Township as may be necessary due to budgeting constraints or in the best interest of the Township. Should the Township exercise this option, the unit prices bid shall prevail with no additional claims to be considered by the Township. 13. Proposal Evaluation An Evaluation Committee will evaluate each of the Proposals received in accordance with the evaluation criteria as set out in the RFP Document. The Committee reserves the right to enter into further discussions in order to obtain information that will allow the Committee to reach a decision with a Proponent, and to waive irregularities and omissions if, in doing so, the best interest of The Township will be served. 14. Evaluation Criteria Page 20 of 62 Page 152 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... It is the responsibility of the proponents to provide sufficient information in the Proposal to exhibit required abilities. Proponents are cautioned that organization of their response, as well as thoroughness is critical to the evaluation process. All required information should be furnished and presented in an organized, comprehensive and easy to follow manner. Selection of a Proposal will be based on, but not solely limited to, the following criteria and weighting: Item Evaluation Criteria Points 1 Quality and Completeness of Proposal 15 2 Company Background and Relevant 25 Experience 3 Budget 20 4 Work Plan, Methodologies, Timelines 30 5 Client References 10 Total Available Points 100 Proposals will be assessed on the basis of information provided by the Proponent at the time of submission and shall take into account subsequent interviews with the Proponent as may be required. Proposals may be considered for an interview. Note: Only teams that have completed work of a similar nature for municipalities, since January, 2016 will be considered. Proposals will be evaluated on the basis of the following criteria. Each of the criteria will be scored 1 through 5 with 5, being the best score. The criteria is assigned a weighting factor that represents the significance relative to other criteria. The scores for the criteria will be multiplied by the weighting factor assigned and the results will be totaled out of 100. Criteria: Note: Refer to the Form of Proposal for specifics relating to content requirements of the Proposal. 1 . Quality and Completeness of Proposal: 1 2 3 4 5 /15 Priority Factor: 3X 2. Company Background and Relevant Experience: 1 2 3 4 5 /25 Priority Factor: 4X 3. Budget: 1 2 3 4 5 /20 Page 21 of 62 Page 153 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Priority Factor: 4X 4. Work Plan, Methodologies and Timelines: 1 2 3 4 5 /30 Priority Factor: 4X 5. Client References: 1 2 3 4 5 /10 Priority Factor: 3X Total Score out of 100 Proposal evaluation results are the property of the Township. The Township intends not to disclose evaluation results, under any circumstances, either before, during, or after the RFP process. An award of an Agreement, if any, shall be based on the evaluation results. By responding to this RFP, Proponents agree to accept the recommendations of the Evaluation Committee as final and binding. 15. Negotiations The Township may award the contract on the basis of the proposals received, without discussion. Each proposal should therefore contain the Proponent's best terms and complete detailed information. The Township reserves the right to enter in to negotiations with any selected Proponent(s). If the Township and the selected Proponent(s) cannot negotiate a successful agreement, the Township may terminate the negotiations and begin negotiations with the next selected Proponent(s). This process will continue until an agreement has been executed or all of the Proponent(s) have been rejected. No Proponent shall have rights against the Township arising from negotiations. 16. Presentation & Interview The Township reserves the right to interview any or all of the Proponents that submit a Proposal to provide the Evaluation Committee with additional insight into the Proponent's ability to meet the requirements as requested in the RFP. If required, the interviews would be conducted by representatives of the Evaluation Committee virtually and shall follow this general format: a. Introduction of Proponent's Project Team (5 minutes) b. Proponent Presentation of the Proposal (15 minutes) c. Questions from Evaluation Committee (15 minutes) d. Questions from Proponents (5 minutes) Proponents will be notified of the final format for interviews/presentations in advance. Interviews will take place via a scheduled Zoom Meeting. 17. Award Determination Page 22 of 62 Page 154 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Consideration for award shall only be undertaken in relation to Proponents who are determined by the Township to have satisfied all the requirements. The Evaluation Committee hereby reserves the right, privilege, entitlement and absolute discretion, and for any reason whatsoever to: i. Recommend acceptance of a Proposal which is not the lowest Proposal submission, or recommend rejection of a Proposal that is the lowest Proposal even if it is the only Proposal received; ii. Recommend acceptance of the Proposal deemed most favourable to address the scope of work. iii. Recommend acceptance or rejection of any and all Proposals, whether in whole or in part; iv. Recommend acceptance or rejection of any unbalanced, irregular, or informal Proposals; or v. Recommend rejection of any Proponent who is involved in litigation with the Township. The Evaluation Committee reserves the right to consider, during the evaluation of Proposals: vi. Information provided in the Proposal itself; vii. Information provided in response to enquiries of credit, experience and industry references set out in the Proposal; viii.Information received in response to enquiries made by the Owner of third parties apart from those disclosed in the Proposal in relation to the reputation, reliability, experience and capabilities of the Proponent; ix. The manner in which the Proponent provides services to others; x. The experience and qualification of the Proponent's senior management, and project management; xi. The compliance of the Proponent with the Owner's requirements and specifications; or xii. The Proponent acknowledges that the Owner may rely upon the criteria, which the Owner deems relevant; even though such criteria may not have been disclosed to the Proponent. By submitting a Proposal, the Proponent acknowledges the Owner's rights under this section and absolutely waives any right, or cause of action against the Owner, by reason of the Owner's failure to accept the Proposal submitted by the Proponent, whether such right or cause of action arises in Project, negligence, or otherwise. Page 23 of 62 Page 155 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 18. Execution of Award The Successful Proponent, if any, shall sign the Contract in triplicate (3), within seven (7) calendar days of written notification of acceptance. The following completed documents, as listed, shall be submitted prior to or at the time of signing: a) Agreement signed and sealed in triplicate; b) Contract Security, if applicable; c) current Insurance Certificate; d) a current copy of the Workplace Safety and Insurance Board Certificate of Clearance; e) Payment Information, if applicable; f) AODA Declaration Form and; g) Any other documentation requested within this RFP. 19. Order of Precedence The Successful Proponent understands that the Contract shall consist of the following documents, ranked in order of priority, from highest to lowest: a. The duly signed Agreement preceding the Schedules; b. Township's Change Orders (including any purchase orders issued for these Change Orders); c. the Schedules of the Agreement; d. any addenda to the RFP; e. the RFP Document; f. any modifications to the Proposal acceptable to the Township, in its sole discretion; and g. the Proposal submitted by the Proponent. The Contract shall constitute the entire agreement between the parties pertaining to the subject matter of this RFP and shall supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the parties or any documentation that may otherwise accompany the Work. Any conflict or inconsistency between the components of the Contract shall be resolved, to the extent of any conflict or inconsistency, in accordance with the order of authority stated above. The Township reserves the right to include additional terms and conditions during the process of Contract negotiations. These terms and conditions shall be within the scope of the original RFP and Contract documents and will be limited to cost, clarification, definition and administrative and legal requirements. 20. Alternative Dispute Resolution. (a) If requested in writing by either the Township or the Proponent, the Township and the Page 24 of 62 Page 156 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Proponent shall attempt to resolve any dispute between them arising out of or in connection with this Contract by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of ninety (90) calendar days with the mediator, the dispute shall be referred to and finally resolved by arbitration under the rules of the province having jurisdiction or by an arbitrator appointed by the agreement of the parties. (b) No person shall be appointed to act as mediator or arbitrator who is in any way interested, financially or otherwise, in the conduct of the work on the project or in the business or other affairs of either the Township or the Proponent. (c) The award of the arbitrator, including an award for costs if applicable, shall be final and binding upon the parties. (d) The provisions of the Arbitration Act, 1991, S.O. 1991, Chapter 17, as amended shall apply. 21. Contract Additions & Deletions The Township reserves the right to add and/or delete any item(s) from the Contract. Deletions will not result in any penalty in any form. 22. Proponent Qualifications Qualified Proponents are those which: • have sufficient facilities and resources to meet the Township's needs; • will provide all of the Township's Key Service Requirements; • demonstrate reasonable flexibility and willingness to work with the Township as a business partner; • have experience with clients requiring services of a similar scope and complexity as the Township of Oro-Medonte and provide contact details for these clients. 23. Proponent's Statement of Understanding It is understood that Proponents have carefully examined all of the Contract Documents and have carefully examined the Work to be performed under the Contract if awarded. The Proponent also understands and accepts the said Contract Documents, and for the prices set forth in the Proposal to be firm for the length of the project. 24. Term of Contract The term of contract will become effective upon award to the successful Proponent(s) and shall remain in effect for the entire period of the work. Page 25 of 62 Page 157 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 25. Irrevocability of Proposals By submission of a clear and detailed written notice, the Proponent may amend or withdraw its Proposal prior to the closing time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be deemed successful the Proponent will enter into a Contract with the Township. 26. Errors and Omissions No oral interpretation shall be effective to modify any provisions of the Contract Documents. Any modification or clarification shall be by written Addendum. The Addendum(s) shall form part of the Contract Documents. 27. Proponents Expenses Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the Township, if any. If the Township elects to reject all Proposals, the Township will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 28. Changes to Proposal Wording The Proponent will not change the wording of its Proposal after closing and no words or comments will be added to the Proposal unless requested by the Township for purposes of clarification. 29. Price Components All prices will be quoted in Canadian Funds. Prices must be expressed in accordance with the unit of measure specified in the document. Prices documented shall be net prices including transportation and delivery charges fully prepaid by the Proponent to any specified destination within the limits of the Township, unless a breakdown is requested on the Schedule I Budget. The Township reserves the right to correct patent computational or other mathematical errors evident on the face of the bid; however, unit prices will not be adjusted. 30. Freedom of Information All Proposals submitted to the Owner become the property of the Owner and as such, are subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"). All correspondence, documentation and information provided to staff of the Township by any Proponent in connection with, or arising out of this RFP, and the submission of any Page 26 of 62 Page 158 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Proposal will become the property of the Township and as such is subject to MFIPPA, and may be released, pursuant to the Act. The Proponent's name at a minimum shall be made public upon request. In-line with MFIPPA, Proponents are advised to identify in their Proposal material, any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Any information in the Proponent's submissions that is not specifically identified as confidential will be treated as public information. All correspondence, documentation and information provided to the Evaluation Committee may be reproduced for the purposes of evaluating the Proponent's submissions to this RFP. 31. Bribery/Fraud Should any prospective Proponents or any of their agents give or offer any gratuity or to attempt to bribe any employee of the Owner, or to commit fraud, the Owner shall be at liberty to cancel the prospective Proponent's Proposal and to rely upon the Bid Security submitted for compensation, if applicable. 32. Cancellation i. In the event the Successful Proponent does not comply with the specifications, terms and conditions, and scope of work, at any time throughout the duration of the Contract, the Contract shall be cancelled in accordance with the terms contained herein. ii. The Owner upon non-performance of Contract terms may cancel the Contract; however, in doing so, the Owner does not waive its right to rely upon any obligations or commitments agreed to by the Proponent as part of their Proposal. The Proponent remains liable for the difference between the next acceptable Proposal of goods and/or service Proposal prices. iii. Where there is a question of non-performance, payment in whole or in part may be withheld at the discretion of the Owner. This action shall not prevent the Owner from taking early payment discounts otherwise applicable. 33. Insurance The successful Proponent shall maintain and pay for Commercial General Liability Insurance with an insurer acceptable to the Owner. The coverage shall include premises and all operations liability to be performed by the Proponent. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. i. The CGL policy shall include The Corporation of the Township of Oro- Medonte_as an additional insured in respect to all operations performed by or on behalf of the Successful Proponent. Page 27 of 62 Page 159 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... ii. The Successful Proponent shall be entirely responsible for the cost of any deductible, which is maintained in any insurance document. iii. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Owner. In addition, Professional Liability Insurance is required, in an amount of not less than Two Million Dollars ($2,000,000) inclusive per claim. All required insurance would be endorsed to provide the Township within 30 days advance written notice of cancellation or material change. The Service provider will provide the Township with evidence of the required insurance, in the form of a completed Certificate of Insurance, immediately following execution and delivery of the Contract. Where applicable the successful Proponent shall carry standard automobile and non- owned automobile liability insurance and shall protect themselves against all liability arising out of the use of owned or leased vehicles, used by the Successful Proponent, its employees or agents. The limits of the liability for both owned and non-owned vehicles shall not be less than Two Million Dollars ($2,000.000.00) per occurrence. 34. Workplace Safety and Insurance Board (WSIB) The successful Proponent shall be required to supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the Contract and thereafter upon request during the life of the Contract indicating that all of the assessments the successful Proponent or any sub-consultant is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and they are in good standing with the Board. Effective January 1, 2013, Bill 119 legislates that all Consultants, Contractors and Sub- Contractors, categorized under Class G: Construction, shall have a WSIB account and clearance coverage prior to commencing any Contract. Alternatively, if the Successful Proponent is an Independent Operator and is not categorized under Class G: Construction, the Successful Proponent must submit a letter from the WSIB, confirming that s/he has Independent Operator Status under the WSIB Act. If the Successful Proponent does not have Independent Operator Status, the Successful Proponent shall; I. Complete an Independent Operator Status Questionnaire upon being awarded the Contract; and, II. fund all costs associated with any appeal of a determination by WSIB that the proponent/contractor is not an Independent Operator; and, III. provide proof of Employer's Liability Insurance in an amount not less than two million dollars ($2,000,000) per occurrence (provided either by WSIB or the successful Proponent's insurance provider). The Successful Proponent acknowledges and agrees that the Township is not hiring an employee(s) to perform the work associated with this RFP. As such, the Township Page 28 of 62 Page 160 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... reserves the right to terminate all Contracts associated with this RFP if all appeals have been exhausted and the Successful Proponent is determined by WSIB or court or tribunal of competent jurisdiction to be an employee. 35. Regulation Compliance and Legislation The Successful Proponent shall ensure all services and products provided in respect to this Contract are in accordance with and under authorization of all applicable authorities, Municipal, Provincial and Federal legislation, including but not limited to: • the Occupational Health and Safety Act and its regulations; • the Workplace Safety & Insurance Act and its regulations; • the Municipal Act and its regulations; 36. Laws of Ontario Any Contract resulting from this Request for Proposal will be governed by and will be construed and interpreted in accordance with the laws of the Province of Ontario. 37. Indemnification The Successful Proponent shall indemnify and save harmless the Owner, its Agents and employees from and against any and all liability whatsoever for losses, liens, charges, claims, demands, payments, suits, actions, recoveries and judgments (including legal fees and expenses) of every nature and description brought or recovered against either the Owner, its Agents and employees, or the Successful Proponent by reason of a negligent act, error or omission of the Successful Proponent, its Agents, employee or licensees in providing the services, including, without limiting the generality of the forgoing, loss or damage to property, injury or the death of any persons, alleged copyright, patent or other intellectual property rights infringement or interference, defective design or damage to the environment. 38. Force Majeure Neither party shall be responsible for any delay or failure to perform its obligations under the Contract where such delay or failure is due to fire, flood, explosion, war, embargo, Governmental action, Act of Public Authority, Act of God, or to any other cause beyond its control, except labour disruption. In the event Force Majeure occurs, the party who is delayed or fails to preform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause. Should the Force Majeure event last for longer than 30 calendar days, the Owner may terminate this Contract by notice to the successful Proponent without further liability, expense or cost of any kind. Page 29 of 62 Page 161 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 39. Severability Should any term or portion of this Contract be found to be invalid or unenforceable, the remainder shall continue to be valid and enforceable. 40. Termination of Contract The Owner may terminate this contract at any time without penalty upon giving written notice to the Proponent, if, in the sole opinion of the Owner, the Proponent is unable to deliver the service as required, the Proponent's performance of the service is persistently faulty or below the required standard, or, the Proponent becomes insolvent or commits an act of bankruptcy. 41. Termination by Notice The Owner may terminate this contract at any time upon notice to the Proponent, whereupon the Owner shall only be liable for any Proponents fees and expenses for satisfactorily completed work up to the date of the termination and not thereafter. 42. Termination for Cause The Owner reserves the right in its sole discretion to terminate this contract, in whole or in part, at any time, without penalty, expense or further liability of any kind: a. At any time, upon notice to the Proponent, for a major breach of the terms of this Contract by the Proponent; b. At any time, upon notice to the Proponent, following the failure of the Proponent to satisfactorily remedy, repair or replace any defector or deficiency in the Proponent's performance of the Contract, after having been given notice to do so by the Owner; c. At any time if the Proponent makes an assignment for the benefit of its creditors, a proposal of compromise with its creditors, a declaration of its voluntary bankruptcy or insolvency, a placing or its cessation or winding up of its business, in whole or in part; d. At any time if a Force Majeure event preventing performance of the Contract by either party continues for longer than thirty (30) consecutive days; or e. As otherwise provided in this Contract. The Owner's rights of termination shall be in addition to any other rights or remedies it may have in law, in equity or under this Contract. 43. Suspension of Work The Owner may in its sole discretion at any time upon notice to the Proponent in writing suspend the performance of the Work, in whole or in part, for a specified or unspecified time. Page 30 of 62 Page 162 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Upon receiving notice of the suspension, the Proponent shall immediately suspend all operations concerning that identified portion of the Work except such Work as is necessary in the opinion of the Owner to care for, preserve and protect the Work. During the period of suspension, the Proponent shall only be entitled to be reimbursed for its reasonable, proper and actual expenses in caring for, preserving and protecting the Work. Should the period of suspension of the Work, in whole or in part, last longer than thirty (30) calendar days or such longer period as the parties may agree upon in writing, either party to the contract may consider the contract to be terminated by mutual agreement without further liability. 44. Suspension in Future In the event the Proponent fails to provide quality service, equipment or personnel, as determined by the Owner in its Sole discretion, the Proponent may be deemed ineligible for similar work in future competitions for contracts issued by the Owner. 45. Failure to Comply with Owner Decisions If the Proponent fails to comply with any decision or direction of the Owner made pursuant to the Contract, the Owner may, upon notice to the Proponent, employ such methods as the Owner deems advisable to do that which the Proponent failed to do, at the Proponent's cost and expense. The Proponent shall be liable for and shall upon demand pay to the Owner an amount equal to the aggregate of all costs, expenses and damages including the cost of any methods the Owner employed by reason of the Proponent's failure to comply as above. 46. Evaluation of Performance At project completion, the Township will conduct an evaluation of the Proponents overall performance with input from the Township's Inspectors or consultants if applicable. This evaluation will be reviewed with the Proponent and recommendations will be put forward as to the Successful Proponent's overall suitability of future Township of Oro-Medonte work. It must also be noted that while overall performance is being evaluated, the Township reserves the right to suspend a Proponent for extreme or repeated inadequate grades on any issues related to health and safety, specifically items public safety and traffic control, compliance with all WSIB provisions, maintenance of employee safety standards, compliance Ministry of Labour regulations. The evaluation shall be placed on file and a copy will be provided to the Proponent. This information may be made available to persons requesting Owner references for the Contract. The Proponent hereby authorizes the maintenance and release of this information. Page 31 of 62 Page 163 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 47. Time is of the Essence The Owner shall have the right to cancel at any time any project or any part of any project resulting from this RFP in respect to the goods, materials, articles, equipment, work or services, covered thereby, not delivered or performed by the specified time in the written document, without incurring any liability whatsoever in respect hereto. "Time is of the essence". 48. Safety Standards It is the responsibility of the Successful Proponent to Work in a safe and orderly manner so as not to constitute any safety hazards. 49. Non-Waiver No condoning, excusing or overlooking by the Owner of any default, breach or non- observance by the Successful Proponent at any time or times in respect of any provision herein contained shall operate as a waiver of the Owner's right hereunder in respect of any continuing or subsequent default, breach or non-observance or so as to defeat or affect in any way the rights of the Owner herein in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Owner save only an express waiver in writing. Any Work completed by the Owner required by this agreement to be done by the Successful Proponent shall not relieve the Successful Proponent of his/her obligations to do that Work. 50. Non-Assignment The Successful Proponent may not assign this Contract nor any Work to be performed under this Contract or any part hereof without the prior written consent of the Owner. Such written consent however shall not under any circumstances relieve the Successful Proponent of his/her liabilities and obligations under this Contract and shall be within the sole and unfettered discretion of the Owner. 51. Emergency Telephone Number Prior to commencing, the Work, the Successful Proponent shall provide the Owner with the name(s) and telephone number(s) of his/her representative(s) who can be contacted on a 24-hour basis in case of an emergency during the term of the Contract. 52. Personal Property Security Act The Successful Proponent warrants that the goods/inventory/equipment being supplied to the Owner, are free and clear of all liens, charges, encumbrances, mortgages, hypothecations, copyright, patents or any third-party statutory claims. 53. Confidentiality of Information Proponents receiving this RFP may not use, disclose, or duplicate it for any purpose Page 32 of 62 Page 164 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... other than to prepare a response. Proponents shall keep the Township data confidential and shall not disclose its content to any other party, other than to those internal employees or agents responsible for preparing a submission, without the prior written approval of the Township. Receipt of this RFP does not entitle the Proponent to associate its services with the Township in any way, nor represents in any way that the Township has employed or endorsed the Proponent's services. Any such association or endorsement being contemplated by the Proponent must receive the prior written approval of the Township. The Township will not disclose or share a Proponent's response to this RFP with other Proponents or other organizations. The submission of a Proposal indicates acceptance by the Proponent of all of the conditions contained in this Request for Proposal unless clearly and specifically noted in the Proposal submitted and confirmed in the formal Contract between the Township and the Successful Proponent. Deviations from the Request for Proposal must be clearly identified in the written submission. Proposals are subject to a formal Contract being negotiated, prepared and executed. The Township reserves the right to negotiate the terms and conditions of the Contract. 54. Conflicts of Interest Proponents(s) shall disclose, in their submission, all perceived, potential, and actual Conflicts of Interest. For the purposes of this RFP, "Conflict of Interest" includes: • any situation or circumstances where, in relation to this RFP and/or the Contract, the Proponent(s) other commitments, relationships or financial interests could or could be perceived to exercise an improper influence over the objective, unbiased and impartial exercise of independent judgment by any personnel of the Evaluation Committee or the Township; • any situation or circumstances where any person(s) employed by the Township in any capacity; • has a direct or indirect financial interest in the award of the Contract to any Proposal(s); • is currently employed by, or is a sub-contractor or a consultant to a Proponent(s); • is negotiating or has an arrangement concerning future employment or contracting with any Proponent(s); • has an ownership interest in, or is an officer or director of, any Proponent(s). Page 33 of 62 Page 165 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... If a Proponent(s) discovers, at any time, any perceived, potential, or actual Conflicts of Interest, the Proponent(s) shall promptly disclose the Conflict of Interest by sending a written statement clearly identifying the conflict to the CAO's Office (Corporate & Strategic Initiatives). Failure of any Proponent(s) to comply with this section may result in the disqualification of the Proponent(s) and the rejection of its submission. Without limiting the generality of the Township's rights, the Township may, in its sole discretion: • exclude any Proponents(s) and its submission on the grounds of Conflict of Interest; • waive any and all perceived, potential or actual Conflicts of Interest upon such terms and conditions as the Township, in its sole discretion, requires to satisfy itself that the Conflict of Interest has been appropriately managed, mitigated and minimized. In the event any Proponent(s) is found to be in a potential Conflict of Interest during the term of the Contract, the Proponent shall disclose the said conflict immediately. The Township reserves the right to request any Proponent(s) cure the conflict to the Township's complete satisfaction. Failure to cure the conflict shall result in disentitlement to any compensation under this Contract. 55. Township Not Employer The Proponent agrees that The Corporation of the Township of Oro-Medonte is not to be understood as the employer to any Successful Proponent nor to such Successful Proponent's personnel or staff for any work, services, or supply of any products or materials that may be awarded as a result of this RFP. It is understood that the Successful Proponent will act as an independent contractor. 56. Purchasing and Tendering Procedures By-Law 2004-112, By-Law 2012-216 It is the responsibility of all Proponents to become familiar with and comply with The Township of Oro-Medonte Purchasing and Tendering Procedures By-law. The Township's Purchasing and Tendering Procedures By-law can be found on Township's website: www.oro-medonte.ca 57. Working Language The working language of the Township of Oro-Medonte is English and all responses to this Request for Proposal must be English. 58. Intellectual Property All information and data, in any form, together with all designs or materials capable of Page 34 of 62 Page 166 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... intellectual property protection, prepared, developed or created by the Proponent, its employees or agents during the performance of and/or pursuant to this work shall automatically become the property of the Township. Proponents and their employees and agents each agree to sign whatever documentation may be necessary to give full force and effect to this paragraph. 59. Accessibility In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service Section 6, every provider of goods and services shall ensure that every person who deals with members of the public or participates in the developing of the service provider's policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: 1. How to interact and communicate with persons with various types of disability 2. How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person 3. How to use assistive device equipment that is available on the premises that may help in the provision of accessible goods or services 4. What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services 5. Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. Contracted employees, third party employees, agents and others that provide services to the public on behalf of the Township of Oro-Medonte must meet the requirements of Ontario Regulation 429/07 with regard to training under the Accessibility for Ontarians with Disabilities Act (AODA). A document describing your training policy or procedure, a sample copy of training and details of training dates and attendees may be required to be submitted to the Township prior to the commencement of any work. 60. Township of Oro-Medonte Payment Terms The Township payment terms are 30 days from receipt of Invoice. Harmonized Sales Tax (HST) is an extra and shall be identified separately in the Contract Documents and on all invoices. Page 35 of 62 Page 167 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Contract Payments 1 . Progress Payments Monthly statements are to be prepared based on the progress in completion of each component. 2. Progress Reports Progress report timelines shall be discussed, they will need to be submitted by the Consultant in a format acceptable to the Township and include, but are not limited to the following information: i. Work progress in the form of a Gantt Chart showing the baseline schedule and the percentage completion to date of each task/activity and the overall percentage progress of the Contract; ii. Areas where progress are on or ahead of schedule and areas where progress are behind schedule; iii. Measures taken/proposed to be taken, where necessary, to bring the work progress back on schedule; iv. Any claims for extension of time due to unforeseen circumstances or extra payment due to changes in contractual obligations during the previous payment period; and v. Payments may be deferred, at the Township's option, until the progress reports are submitted to the Township (payment is Net 30 days) Page 36 of 62 Page 168 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Part III Form of Proposal Form of Proposal Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2E0 RFP#: CS 2021 -02 Tourism Product Gap Analysis & Policy Recommendations Documents to Be Enclosed with This Form of Proposal ■ Complete Contents of Proposal ■ Proponents Information Form Signed & Sealed ■ Schedule II - List of References ■ Conflict of Interest Form ■ AODA Declaration ■ Budget Upon Award ■ W.S.I.B Certificate (upon award) ■ Certificate of Insurance (upon award) ■ Other information to be included Page 37 of 62 Page 169 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Proponents Information Form Proponents must complete this form and include with their Submission. Please ensure all information is legible. 1. Company Name 2. Proponent's Main Contact Individual 3. Address (include postal address) 4. Office Phone # 5. Toll Free # 6. Cellular# 7. Pager# 8. Fax # 9. e-mail address 10. Website 11. HST Account # 12. Will you accept payment by YES: O NO. O Visa? Acknowledgement of Receipt of Addenda This will acknowledge receipt of the following addenda and, that the pricing quoted includes the provision set out in such addenda Addendum # Date Received O Check here if no Addendum received. Page 38 of 62 Page 170 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Conflict of Interest Prior to completing this portion of the Form of Proposal, Proponents(s) should refer to the definition of Conflict of Interest set out in the RFP. Check the box that applies: ❑ The Proponent(s) declares that there is not an actual or potential Conflict of Interest relating to the preparation of its Proposal and/or the Proponent(s) do not foresee an actual or potential Conflict of Interest in performing the services required under the Contract. ❑ The Proponent(s) declares that there is an actual or potential Conflict of Interest relating to the preparation of its Proposal, and/or the Proponent(s) foresees an actual or potential Conflict of Interest in performing the services required under the Contract. If the Proponent(s) declares an actual or potential Conflict of Interest by marking the box above, the Proponent(s) must set out below details of the actual or potential Conflict of Interest: The Proponent(s) agrees that, upon request, the Proponent(s) shall provide the Township with additional information on the Conflict of Interest. Page 39 of 62 Page 171 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... To The Corporation of the Township of Oro-Medonte, hereafter called the "Owner": I/We the undersigned declare: 1. That I/We represent that no person, firm or organization, other than the Proponent, has any interest in this Proposal or in the proposed Contract for which said Proposal is made. 2. That I/We declare that there is no perceived, potential, and/or actual Conflicts of Interest relating to the preparation of this Proposal and/or I/We do not foresee an actual or potential Conflict of Interest in performing the services required under the Contract, unless otherwise declared. 3. That this Proposal is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Proposal for the same Work and is in all respects fair and without collusion or fraud. 4. I/We represent that no member of the Council, and no officer or employee of the Owner, is, or has become interested, directly or indirectly, as a contracting party, partner, stockholder, surety or otherwise howsoever in or on the performance of the said Proposal, or in the supplies, Work or business in connection with the said Proposal, or in any portion of the profits thereof, or of any supplies to be used therein, or in any monies to be derived there from. 5. That the several matters stated in the said Proposal are in all respects true accurate and complete. 6. That I/We do hereby propose and offer to enter into an agreement to supply and deliver all materials mentioned and described or implied therein including in every case freight, duty, currency exchange, H.S.T. in effect on the date of the acceptance of Proposal, and all other charges on the provisions therein set forth and to accept in full payment therefore, in accordance with the prices and terms set forth in the Proposal herein. 7. That additions or alterations to or deductions from the said Proposal, if any, shall be made in accordance with the prices stated in Provisional Items of the Schedule of Unit prices in strict conformity with the requirements of the Proposal and all unused monies in Provisional Items shall be deducted from the final cost of the Work and any quantities exceeding those shown shall be added. 8. That this Proposal is irrevocable and open to acceptance until the formal Proposal is executed by the awarded Proponent for the said Work or Ninety (90) Calendar Days, and prices for as long as stated elsewhere in the document, whichever Page 40 of 62 Page 172 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... event first occurs and that the Owner may at any time within that period without notice, accept this Proposal whether any other Proposal has been previously accepted or not. 9. That if the Proposal is accepted, I/We agree that the Contract shall constitute the entire agreement between the parties and shall supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the Proponent and the Owner or any documentation that may otherwise accompany the Work. Any conflict or inconsistency between the components of the Contract shall be resolved, to the extent of any conflict or inconsistency, in accordance with the order of authority stated in Order of Precedence in this RFP. 10.That if the Proposal is accepted, I/We agree to furnish all documentation, security and certifications as required by the Proposal and to execute the agreement in triplicate within seven (7) calendar days after notification of award. If I/We fail to do so, the Owner may accept the next highest ranked or any Proposal or to advertise for new Proposals, or to carry out completion of the works in any other way they deem best and I/We also agree to pay to the Owner the difference between this Proposal and any greater sum which the Owner may expend or incur by reason of such default or failure or by reason of such action as aforesaid on their part, including the cost of any advertisement for new Proposals, and shall indemnify and save harmless the Owner and their officers from all loss, damage, cost, charges and expense which they may suffer or be put to by reason of any such default or failure on my/our part. 11.That I/We agree to save the Owner, its agents, or employees, harmless from liability of any kind for the use of any composition, secret process, invention, article or appliance furnished or used in the performance of the Proposal of which the Proponent is not the patentee, assignee, or licensee. 12. I/We hereby accept and agree that the Total Proposed Price (including HST) as stated in the Form of Proposal will form an integral part of this contract. 13. The Proponent hereby accepts and agrees that the Addenda referred to in this document form an integral part of this contract. Page 41 of 62 Page 173 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... The undersigned affirms that he/she is duly authorized to execute this Proposal. Proponent's Signature and Seal: (I have authority to bind the company) Position: Witness: (If not under seal) Position: (If Corporate Seal is not available, documentation shall be witnessed) Dated at the _ (City/Township) This day of 2021. Page 42 of 62 Page 174 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Schedule I — Budget Tourism Product Gap Analysis & Policy Recommendations The Total Proposed Pricing shall be all inclusive, including but not limited to, mileage, disbursements, and travel time. Please include a breakdown of costs. Description Price Tourism Product Gap Analysis & Policy Recommendations $ Subtotal $ HST $ Total Proposed Pricing $ The Total Proposed Price (excluding HST): Dollars ($ >> in lawful money of Canada. Inserted price in words take precedence over numeric Page 43 of 62 Page 175 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Schedule II - List of References The Proponent shall provide below three (3) separate references other than the Township, having purchased a similar size and design of goods and/or services as specified herein for a previous 5 (five) year period from the issuance of this document. Project Name: Company for whom the work was completed: On the project did your firm act as: Prime Consultant 0 Sub Consultant 0 Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Project Name: Company for whom the work was completed: n the project did your firm act as: Prime Consultant 0 Sub Consultant 0 Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Project Name: Company for whom the work was completed: On the project did your firm act as: Prime Consultant 0 Sub Consultant 0 Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Page 44 of 62 Page 176 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Reference Release Form I (authorized signatory for the Proponent) authorize the Township to contact the person and/or organization listed on the List of References, for the purpose of obtaining information relating to the Proponent and Project. The Township reserves the right to call references if in its sole discretion finds a need to do so. The Township reserves the right to check other references other than listed herein. If the Township is unable to obtain a satisfactory reference or if the reference does not respond to the reference call or if the reference chooses not to comment, the reference will be deemed unsatisfactory. Page 45 of 62 Page 177 of 528 Part IV 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic D§ Igpf_nibnt / C... Part IV Agreement Draft— Amended Upon Award Terms and Conditions of Professional Services Agreement (Short Form) This Agreement made this day of 2021. Between The Corporation of the Township of Oro-Medonte hereinafter called the "Owner", And hereinafter called the "Proponent" Whereas the Owner has awarded to the Proponent the Proposal for; Tourism Product Gap Analysis & Policy Recommendations According to the terms and conditions herein referred to, the Proponent having put in a Proposal therefore, a copy of which is hereto annexed, which Proposal was accepted by the "Owner" on the; day of 2021. Scope of Work 1. The Corporation of the Township of Oro-Medonte ("Township") hereby retains the Consultant/Contractor to provide the Services as specified below and in the Township's Request for Proposal document ("RFP") under the general guidance and direction of the Township: The Proponent shall provide the Township with details for the Employment Land Strategy as detailed in the Project Terms of Reference Sections 4 through 6 of RFP # CS 2021-01 2. The Proponent agrees to supply, at its sole cost and expense, all staff, equipment and technical assistance necessary to perform the Services as stipulated herein. Contract Documents and Order of Precedence 1. The Professional Services Agreement ("Agreement") shall consist of the RFP, the Proponent's Proposal and these Terms and Conditions. In the event of conflicts or inconsistencies between these documents, the terms of these Terms and Conditions shall prevail over the RFP and the Proposal, and the terms of the RFP shall prevail over the Proposal. Fees and Disbursements 1. The Township shall pay to the Proponent as full payment and compensation for Page 46 of 62 Page 178 of 528 Part IV 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic D§ Igp"1ibnt / C... the Services an amount not to exceed the upset limit of the Total Proposed Pricing by the Township, including all disbursements but excluding the harmonized sales tax. No payment in excess of this amount shall be made without the Township's prior written authorization. 2. During the term of the Agreement, the prices quoted by the Proponent are not subject to change without the prior written consent of the Township and the Proponent shall not be entitled to any increases in the upset limit or to the prices for any of the individual items. 3. Provided that the Consultant is not in default of its obligations under the Agreement, and provided that the Township does not dispute the invoice submitted by the Consultant, the Township shall pay each invoice submitted within thirty (30) days of receipt. The Consultant shall not be entitled to any interest upon any payments made by the Township beyond the 30-day period. Workplace Safety and Insurance Board (WSIB) 1. The Consultant must be in good standing with the Workplace Safety and Insurance Board and shall furnish the Township with satisfactory evidence, in the form of a valid WSIB Clearance Certificate, prior to commencement of the Services under the Agreement, upon presentation of a final invoice and at any other time during the Agreement at the Township's request. 2. The Consultant shall maintain its WSIB Insurance or pay such assessments as will protect the Consultant and the Township from claims under Workplace Safety and Insurance Act, and, from any other claims for damage from personal injury, including death, which may arise from the Consultant's performance under the Agreement. 3. In the event that the Consultant is not required by law to be registered with WSIB, confirmation of employer's liability insurance in the amount of $2 million ($2,000,000.00) is required. Such coverage shall be confirmed by a Certificate of Insurance. Compliance with Laws 1. The Consultant acknowledges that it is aware of the provisions of the Occupational Health and Safety Act (Ontario), the Environmental Protection Act, the Human Rights Code, the Pay Equity Act (Ontario), and any other applicable Federal, Provincial, and/or Municipal statutes, regulations, policies and guidelines thereunder and agrees to comply with, and cause to be complied with, the provisions thereof as such statutes, regulations, policies and guidelines may be amended or replaced from time to time. 2. The Consultant shall do, shall cause to be done, shall refrain from doing, and/or shall prohibit from being done, any act or thing as directed by the Township if, at any time, the Township considers that any situation or condition is unsafe, damaging to the environment or contrary to the provisions of any applicable statutes, regulations, policies or guidelines. Page 47 of 62 Page 179 of 528 Part IV 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic D§ Igp"1ibnt / C... Records and Audit 1. The Township shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to the Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of the Consultant, including, but not limited to those kept by the Consultant, its employees, agents, assigns, successors and subcontractors. The Consultant shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract or agreement and for at least two years following the completion of the Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the Township, through its employees, agents, representatives, contractors or other designees, during normal business hours at the Consultant's office or place of business. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in the Township of Oro-Medonte, Ontario, which is convenient for the Township. Use of Work 1. Notwithstanding any other provisions of the Agreement, the Township shall have the right to take possession of, and use, any completed or partially completed portions of the work. 2. The Township shall retain exclusive ownership in all components and deliverables created solely under this Agreement and shall own any copyright and patent directly related to and developed solely pursuant to this Agreement. Quality Control and Quality Assurance 1. The Consultant warrants that it shall perform the Services with the requisite degree of skill and competence to satisfy the Township's requirements as stipulated in the Agreement. 2. The Township reserves the right to monitor the performance of the Consultant and to issue directives to the Consultant to remedy any condition which the Township considers to be detrimental to provision of the Services, which the Consultant shall be required to carry out within the timeframe stipulated by the Township. 3. At any time during the course of the Agreement, the Township may direct the Consultant to immediately remove a staff member and replace them with another staff member acceptable to the Township. Changes and Alterations and Additional Services 1. The Consultant shall not change or deviate from the scope of Services without the prior written consent of the Township. In the event that the Consultant undertakes a change or deviation in the scope of Services without the prior Page 48 of 62 Page 180 of 528 Part IV 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic D§ Igp"1ibnt / C... written consent of the Township, it shall not be entitled to any additional payments. Assignments and Subcontracts 1. It is understood and agreed that the Consultant will be an independent contractor and that the employees or agents of the Consultant will perform all services offered. Subcontracting agreements made by the Consultant will not release the Consultant from any obligation to the Township with respect to the performance of its obligations under the Agreement. 2. The Township must grant prior written approval for any assignments and all sub- contracts which may be granted on such terms, as the Township deems advisable. The Township's consent to any assignment or subcontract shall not release the Consultant from its duties and obligations under the Agreement. Damages and Set Off 1. If the Township should suffer damage because of any wrongful act or neglect of the Consultant or of anyone for whom the Consultant is responsible in law, then the Township shall be reimbursed by the Consultant for such damage. 2. Services which have not been performed to the Township's satisfaction in accordance with the Agreement, whether the result of poor workmanship or through carelessness or other acts or omissions of the Consultant or any of its subcontractors, shall be promptly rectified in accordance with the Agreement at the Consultant's expense. 3. In the event that any portion of the Services is not performed in accordance with the Agreement or is not satisfactory to the Township, the Township may retain, as a holdback, an amount equal to the Township's estimated cost to perform the Services in a satisfactory manner, until the Services have been completed to the satisfaction of the Township. 4. In addition to the rights set forth above, the Township shall have the right to set-off against the monies due or which may become due to the Consultant under the Agreement, any amounts owing by the Consultant to the Township. Suspension or Termination 1. The Township may, at any time by notice in writing to the Consultant, suspend or terminate the Services, or any portion thereof. Upon receipt of such notice, the Consultant shall perform no further Services and shall not be entitled to any payment for additional work beyond that date, nor for lost profits or any consequential damages as a result of the termination. 2. In addition to the above, if the Consultant should become bankrupt or insolvent, or if a receiver is appointed because of its insolvency, or if the Consultant transfers, assigns or otherwise disposes of its interest in the Agreement or any part thereof without the prior written authority of the Township, the Agreement shall terminate as of the date of the any such event and the Township shall pay Page 49 of 62 Page 181 of 528 Part IV 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic D§ Igp"1ibnt / C... for the Services rendered and disbursements incurred by the Consultant to the date of termination. 3. Upon termination of the Agreement, all documentation relating to the Project shall be delivered to the Township including all work product, drawings, paper and electronic files, and the Consultant shall not be entitled to payment until it has provided the Township with all such documentation. 4. All duties and obligations of the Consultant with respect to Services provided up to and including the date of termination shall survive termination of the Agreement. Indemnification 1. The Consultant shall indemnify and save harmless the Township, its directors, officers, council members, partners, agents and employees from and against all claims, demands, actions, losses, expenses, suits, proceedings, costs or damages of every nature and kind whatsoever which the Township, its directors, officers, council members, partners, agents and employees may suffer as a result of the acts, error or omissions of the Consultant, its employees, officers, subcontractors or agents in the performance of the Agreement, including, but not limited to any suits or proceedings (including by any government agency) arising as a result of any violation or alleged violation of any statutes or regulations, policies and guidelines thereunder, and any legal costs associated therewith. Insurance 1. Without restricting the generality of the section on Indemnification, the Consultant shall obtain, maintain, pay for and provide evidence of the following insurance coverage, taken out with insurance companies licensed to transact business in the Province of Ontario and not otherwise excluded by the Township's Director, Finance/Treasurer/Deputy CAO: a) Commercial General Liability Insurance Commercial General Liability ("CGL") Insurance shall include as an additional insured, the Township of Oro-Medonte, with limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence for bodily and personal injury, death and damage to property including loss of use hereof. b) Automobile Liability Insurance Automobile Liability Insurance in respect to owned and non-owned vehicles shall have limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence and shall protect against all liability arising out of the use of owned or leased vehicles, used by the Consultant, its employees or agents. c) Professional Liability Insurance Professional Liability Insurance shall have limits of not less than two million ($2,000,000.00) inclusive per claim, covering services or activities that are professional in nature and thereby excluded under the CGL Page 50 of 62 Page 182 of 528 Part IV 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic D§ Igp"1ibnt / C... policy. The form of all insurance to be provided herein, shall in all respects be satisfactory to the Township's Director, Finance/Treasurer and shall be maintained continuously from either the commencement of the services or the signing of the Agreement, whichever is sooner. The policies shall be endorsed to provide the Township with not less than thirty (30) days written notice in advance of cancellation, change or amendment restricting coverage. Confidential Data 1 . The Consultant shall not divulge any specific information as confidential, communicated to or acquired by it, or disclosed by the Township in the course of carrying out the Services provided for herein. No such information shall be used by the Consultant on any other project without the approval in writing of the Township. Claims and Disputes 1 . Should the Consultant wish to claim additional compensation arising out of a change to the scope of Services or for any other reason, it shall provide the Township with written notice of this claim within five (5) business days of becoming aware of the claim, failing which, it shall not be entitled to any compensation for such claim. In the event of any claims or disputes between the parties, the Consultant will continue to perform the Services without interruption, if so directed by the Township, pending the resolution of the claim/dispute. General Requirements 1. Time shall be of the essence of the Agreement. 2. Any notice given pursuant to the Agreement may be delivered by facsimile transmission, electronic mail or mailed by prepaid registered mail to the addresses designated by the respective parties. If delivered, the notice is effective on the date of delivery, and if mailed, the notice is effective on the fifth (5th) business day following the day of mailing. 3. The Agreement shall ensure to the benefit of, and be binding upon, the Township, the Consultant, their heirs, executors, administrators, successors and permitted assigns. 4. The Agreement constitutes the complete and exclusive statement of the agreement between the parties, which supersedes all proposals, agreements, arrangement or understandings, oral or written, and all other communications between the parties, relating to the subject matter of the Agreement, except as referenced in, and made part of, the Agreement. 5. The Agreement may be modified only by a written amendment signed authorized representatives of both parties. 6. The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario. Page 51 of 62 Page 183 of 528 Part IV 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic D§ Igp"1ibnt / C... In witness where of the parties hereto have hereunto set their hand and seals on the above date. Proponent Signed, Sealed and Delivered in the ) By: presence of(if practical); ) Position: (I have authority to bind the Company) Witness: (If not under Seal) Owner Per: Witness ) H.S. Hughes, Mayor Per: Yvonne Aubichon, Clerk Page 52 of 62 Page 184 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Part V Appendices Part V Appendices Proponent Payment Information Accessibility for Ontarians with Disabilities (AODA) Contract Change Orders Letter of Credit Notice of "No Proposal" Submission Label Page 53 of 62 Page 185 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Part V Appendices Payment Information Vendor Name: Please Note: The Township currently uses a Direct Deposit form for payment. If you are the successful Proponent, you can find more information here: Vendor Direct Deposit Form Alternately, to ensure the accuracy of our account information, you must attach a void cheque and complete the following financial information: Name of Financial Institution: Address of Financial Institution: Account Information: Bank Code Transit Number Account Number Remittance Information Contact person: E-mail address: Name: Title/Position: Phone: ( ) Fax: ( ) Signature: Date: Page 54 of 62 Page 186 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Accessibility for Ontarians with Disabilities (AODA) The Accessibility for Ontarians with Disabilities Act, 2005 and Regulations under this Act were enacted to improve accessibility for persons with disabilities. This legislation applies to public sector organizations such as the Corporation of the Township of Oro-Medonte as well as to private companies and organizations that provide goods and services on behalf of the Township. The Township of Oro-Medonte is committed to ensuring legislative compliance and providing persons with disabilities consistent opportunity and access to Township goods, services, and facilities. Accordingly, the Township has adopted policies, procedures, and practices that address integration, independence, dignity, and equal opportunity. The Accessibility Standards for Customer Service Regulation (O. Reg. 429/07)was developed to ensure that all customers can access goods and services and that their individual disability needs are met while accessing an organization's goods and services. This Regulation requires that obligated organizations ensure that every person who deals with members of the public or other third parties on their behalf, whether as an employee, agent, volunteer, or otherwise, receives training. The Regulation outlines the required training components. All public sector and private organizations were required to comply with this Regulation by January 1 , 2012. The Integrated Accessibility Standards Regulation (O. Reg. 191/11) includes requirements for information and communication, employment, transportation and the design of public spaces in the built environment, as well as general accessibility requirements. Public sector organizations and private businesses must comply with this Regulation. Commencing in 2014, organizations must ensure that training is provided on the requirements of this Regulation and the Ontario Human Rights Code as it pertains to persons with disabilities to all employees, volunteers and those who provide goods, services or facilities on behalf of the organization. The Township of Oro-Medonte and all agents and contractors must comply with the OADA and its Regulations. Failure to comply with the Act may result in administrative penalties pursuant to Parts IV and V of the Act. The Township may request that agents and contractors provide records of training and confirmation of compliance with the Act and its Regulations. Links are provided below to assist with compliance. Your co-operation and support are essential to increasing accessibility for persons with disabilities. Page 55 of 62 Page 187 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... AODA Declaration Form I, the undersigned, in submitting the Accessibility Compliance Form (thereinafter "form") to the Township of Oro-Medonte do hereby make the following statements that I certify to be true and complete in every respect. I certify, on behalf of (Corporate Name of Proponent, thereinafter "Proponent") That 1. I have read and understand the contents of this form; 2. 1 understand that if this form is found not to be true and complete in every respect, the Corporation of the Township of Oro-Medonte has the authority to discontinue the services of the Proponent; 3. 1 am authorized by the Proponent to sign this form and to submit the form on behalf of the Proponent; 4. 1 acknowledge that as a vendor of the Corporation of the Township of Oro- Medonte that I/we are required to comply with the Accessibility for Ontarians with Disabilities Act, 2005 and all Regulations under this Act, as amended from time to time; 5. 1 declare that I/we have reviewed, understand and will meet all accessibility Acts and Regulations, as amended from time to time; 6. 1 declare that I/we will undertake to ensure that all employees, agents, sub- contractors, and volunteers hired by the Proponent in completion of our work will also comply with accessibility legislation. Proponent's Signature: (I have authority to bind the company) Position: Dated this day of 2021. Page 56 of 62 Page 188 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Contract Change Order Sample CONTRACT CHANGE ORDER NO. ❑ DESCRIPTION: PURCHASE ORDER No.: REQUESTED BY: DEPARTMENT: The following description of work(s)and/or material(s),associated cost(s) have been approved and agreed upon by both signing parties; The authorized changes,as stated,are subject to all provisions of the contact: 1. Revised Contract Price $ 2. HST $ 3. Sub Total Extra's $ With a completion and/or delivery date of / weeks. Made this day of 20 Original Contract Price: $ THE ABOVE MENTIONED CONTRACT IS HEREBY AMENDED BY SUM OF: With a completion and/or delivery date: The Corporation of the Township of Oro-Medonte Consultant/Supplier PER: PER: POSITION: POSITION: Page 57 of 62 Page 189 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Instructions for Use for Change Orders (if applicable) 1. This form is to be used for all changes in the work that involve changes in price including any such changes covered by Certificates of Equality. 2. All additional or extra work and changes in the work must be authorized by the Owner. Cases may arise when instructions on changes must be given to the Contractor right away to avoid damage or expensive delay. If the change is of a minor nature, the Resident Engineer or Inspector may proceed but should inform the Owner's Project Manager without delay. If the proposed change is more costly or if there is doubt about its desirability, it should be cleared with the Project Manager by telephone. Whenever possible, the price should be agreed upon prior to the commencement of the work. 3. A change in the amount of a unit price item in the Schedule of Items and Prices as a result of the measured quantity differing from the estimated quantity does not require the issuance of a change order specifically for that item. The change in amount will be covered by the last (Final Measurement) change order issued for the contract, as explained in para. 11 below. 4. Extra work carried out on the direction of the Owner requires the issuance of a change order. The change order must identify the work and shall give the quantities, prices and amounts involved. 5. When work is to be performed on a cost-plus or unit-price basis and the exact cost will not be known until the work has been completed, the change order should be headed "COST-PLUS" or "UNIT PRICES", as the case may be, and the estimated cost should be shown. The estimated cost is NOT to be included under "Total Additions" or "Total Deductions", nor is the "Balance of Contingency Allowance" or the Contract Price to be changed. When the work covered by the change order has been completed, a further change order is to be prepared giving the final cost. It will be given a new number and this number will be followed by the original number suffixed by "a"; e.g., if the change order giving the estimated cost is No. 7 and if when work has been completed 11 change orders have been issued, the change order showing the completed cost will be numbered 12.7a. 6. Change orders should be set out clearly. If the reason for the issuance of a change order is not clear from the change order itself, one copy of an explanation should be sent to the Owner with the change order. Change orders must state the quantities or estimated quantities involved and must state how the price or prices were arrived at. Quotations obtained from the Contractor or sub- contractors should give adequate breakdowns, and mark-up percentages must be in accordance with the Contract (see Section of the General Conditions Page 58 of 62 Page 190 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... headed "Valuation of Variations."). 7. Only related changes are to be included in the same change order. Unrelated items should be covered by separate change orders. 8. Change orders should be submitted promptly to the Owner for approval during the period of construction and should not be accumulated in batches or have their submission delayed to the end of the job. 9. The Consulting Engineer should give careful consideration to the matter of whether an extension of the Time for Completion should be given on account of a change order. His recommendation should be given to the Engineer when forwarding the change order to approval. If it is difficult or impossible to decide at the date of issuance of the change order what would be a reasonable extension to give, this should be stated and the matter should be discussed with the Engineer at a suitable date. 10. Additional or extra work will be paid for out of the Contingency Allowance without immediately changing the Contract Price. Only when the Contingency allowance has been used up or when the Final Measurement change order is prepared will the Contract Price be changed. 11. On contracts that include unit price items, the last change order issued should be headed "Order No.? (FINAL MEASUREMENT)." The description will be "adjust quantities and amounts of all unit price items in the Schedule of Items and Prices in accordance with the final measurement". The amount of the change order will be the net addition or deduction due to the final measurement, and the Contract Price will be shown in the bottom right-hand corner of the form as "Final" instead of "revised to date". 12.Attached to each copy of the change order should be a copy of the detailed final measurement set out item by item as in the Schedule of Items and Prices showing the estimated quantities, unit prices, amounts, final quantities, final amounts, adjustments in quantities and amounts and the net total of all other change orders approved. This is to be typed on the Owner's "FINAL MEASUREMENT" forms. 13.The Owner will require the original and one copy of the change order. Sufficient additional copies should be submitted to fulfil the requirements of the Consulting Engineer and the Contractor. All copies shall be signed by the Contractor and the Consulting Engineer before being submitted to the Agency. When the change order has been approved, all but the original and one copy will be returned to the Consulting Engineer for distribution. Page 59 of 62 Page 191 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... Proposal Irregularities Item Irregularity Response 1 Late Proposals Automatic rejection, not read publicly and returned unopened to Proponent 2 Unsealed Envelopes (Tender or Automatic rejection Other) 3 Amount on deposit cheque incorrect Automatic rejection 4 All required sections of Proposal Automatic rejection unless, in the documents not completed consensual opinion The Finance Department, Director in charge of RFP solicitation, Clerk or Treasurer, the incomplete nature is trivial or insignificant and does not affect the total price. 5 Proposals not completed in Ink, Automatic rejection typewritten or automated printers 6 Incomplete, illegible or obscure bids Automatic rejection or Proposals which contain additions not called for 7 Erasures, alterations, or strike-out May be rejected, unless such changes errors or irregularities of any kind clearly exhibit the Proponent's intent, as such two (2) business days shall be given to rectify 8 Failure to attend mandatory site visit Automatic rejection 9 Proposals received on documents Automatic rejection other than those provided in RFP or requested 10 Pricing or signature pages missing Automatic rejection 11 Part Proposals (all items not bid) Acceptable unless complete Proposal has been s ecified in the request. 12 Documents in which all necessary Automatic rejection Addenda, which have financial implication, have not been acknowledged 13 Documents in which all necessary Two (2) business days to acknowledge Addenda, which have informational content, have not been acknowledged 14 Proposals received on documents Automatic rejection other than those provided in the Form of Proposal by the Township of Oro-Medonte Page 60 of 62 Page 192 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 15 Proposals received without proper Acceptable if officially received on time label used 16 Failure to insert the Proponent's Automatic rejection business name in the spaces provided in the Form of Proposal 17 Failure to include signature of the Automatic rejection person authorized to bind the Proponent in the space provided in the Form of Proposal 18 Conditions placed by the Tenderer Automatic rejection on the Total Contract Price 19 Qualified Proposals (Proposals Automatic rejection unless, in the qualified or restricted by the consensual opinion of The Finance attached statement) Department, Director in charge of Proposal solicitation, Clerk or Treasurer or designates, the qualification or restriction is trivial or not significant and does not affect the total price. 20 RFP clearly states that an award Proposals may be rejected except when the may be made for individual items. RFP clearly states that an award may be made for individual items (contracts such as equipment rental or some material contracts which are in effect several individual contracts combined). 21 Corporate seal or signature missing, Two (2) business days to rectify signatory's authority to bind the Corporation or signature missing 22 Corporate seal and signature Automatic rejection missing; authority to signature missing 23 Proposals Containing Minor Two (2) business days to correct and initial Obvious Clerical Errors errors 24 Proposals Containing Minor Two (2) business days to correct and initial Mathematical Errors errors. The Township of Oro-Medonte reserves the right to waive initialing and accept Proposal. 25 Un-initialed changes to the request Two (2) business days to correct and initial documents which are minor (i.e.; the errors. The Township of Oro-Medonte Proponent's address is amended by reserves the right to waive initialing and overwriting but not initialed) accept Proposal 26 Alternate items bid in whole or in Available for further consideration unless part I specified otherwise in request Page 61 of 62 Page 193 of 528 12.a) CS2021-19, Jennifer Whitley, Coordinator, Economic Development / C... 27 Unit prices in the schedule of prices 1 . Two (2) business days to have been changed but not initialed correct initial errors. The Township of Oro-Medonte reserves the right to waive 28 Other mathematical errors which Two (2) business days to initial corrections. are not consistent with the unit Unit prices will govern. prices 29 Pages requiring completion of Automatic rejection information by vendor are missing Note: The above list of irregularities should not be considered all-inclusive. The requisitioning department will review minor irregularities not listed and shall have authority to waive other irregularities or grant two (2) business days to initial such irregularities, which they jointly consider to be minor. Page 62 of 62 Page 194 of 528 12.b) OCS2021-18, Ryan Anderson, Manager, Facilities and Parks re: Arena... Inwnship �_f Report Proud Heritage, Exciting Future Report No. To: Prepared By: OCS2021-18 Council Ryan Anderson Meeting Date: Subject: Motion # August 18, 2021 Arena and Community Halls — COVID 19 Update Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That report OCS2021-18 be received; 2. That Council endorse the re-opening of the Oro-Medonte Community Arena with a targeted opening date of September 12, 2021; 3. That Council approve the allocation of $37,000 in 2021 and $37,000 in 2022, to be funded from the COVID-19 reserve; 4. And that the Township Community Halls remain closed and under review for future opening considerations. Background: On July 16, 2021 at 12:01am the region, under the jurisdiction of the Simcoe Muskoka District Health Unit (SMDHU), moved into Step 3 of the Province's COVID-19 Roadmap to Reopen Framework. The region remains under the restrictions of Step 3. The regulations and associated guidance for Step 3 speaks to indoor and outdoor recreational amenities and allows recreational facility operators to reopen indoor facilities such as arenas and community halls, with various protocols in place such as gathering limits, physical distancing controls, and enhanced cleaning and disinfecting requirements. Under the assumption that the Province remains in Step 3 come September, and considering the timing required to implement the necessary controls, the Oro-Medonte Community Arena could resume operations and begin permitted ice use beginning September 12, 2021. This timing would be considerate of the user groups' needs and their typical start to their ice season. Similar to the protocols required last season, and the ongoing pandemic safety controls, it is assumed that the facility would still be subject to prescribed capacity limits for participants/patrons with a minimum of 2 metres (6 feet) physical distancing in place throughout the arena. Given the continued Operations and Community Services August 18, 2021 Report No. OCS2021-18 Page 1 of 5 Page 195 of 528 12 b) OCS20?1-18 Ryan APders�n Mana�gr, FIB ilit es g� Ptarks re: Arena... enhanced r quiremen s for offer en s andar s an gnu Ines, e ro- e on e Community Arena would require more resources than were currently budgeted/planned for in the 2021/2022 operating budgets which assumed staffing levels would revert to pre-pandemic levels at the start of the 2021/2022 ice season. The following will review considerations, implications and recommendations for the reopening of the Township recreational facilities with continued COVID-19 operating protocols extending beyond the September 2021 budget assumption. Analysis: At its meeting of September 9, 2020 Council received staff report OCS2020-14 Facility Provision COVID-19 Response which reviewed considerations associated with the operation of the Oro-Medonte Community Arena for the 2020-2021 season with enhanced sanitization/screening protocols and the operation of the Township's Community Halls. Council authorized proceeding with the operation of the arena for the 2020/2021 and the allocation of additional resources to address the augmented sanitization and screening protocols. The arena operated from October 5, 2020 until December 26, 2020 when it was forced to close under the provincial shutdown. The Community Halls have remained closed since March 13, 2020. COVID-19 Re-opening -Arena Operating Plan The Arena operating plan will be revised to reflect the requirements set out in Step 3 or updated regulations, however it is anticipated that the majority of the safety protocols will be similar to those imposed last year. That plan was prepared in consideration of best practices, guidance from the Government of Ontario, the Simcoe Muskoka District Health Unit, Township staff and arena facility users. It included limits on capacities, physical distancing, active screening and restrictions on shower use. The exact gathering limits for various areas within facilities are outlined in the Step 3 regulations and permit for spectators and the use of other parts of the facility such as the food concession and banquet hall. Last season they were unavailable due to capacity limits imposed on the entire Community Centre facility, however it is anticipated that requirements such as active screening and capacities may be less coming out of the current Step 3. At this stage (Step 3) it is assumed the requirements for the public accessing the building will be the same as last season. Prior to resumption of play, leagues and organizations will be required to submit a COVID-19 Safety Plan outlining their plans to safeguard their participants from exposure to COVID-19. Further, the municipality would require all patrons to complete a one-time assumption of risk and liability waiver prior to their first visit to the facility. In addition, patrons would be required to complete a daily screening every time they visit the arena, to allow contract tracing, as required by the current guidelines. Any user showing symptoms of COVID-19 will not be granted access to the facility. Public Health information remains posted throughout the facility reminding Operations and Community Services August 18, 2021 Report No. OCS2021-18 Page 2 of 5 Page 196 of 528 12h� OCS2021-1Y Ryan Agderspn, M�na�ge�r .Facilities and Parks re: Arena... patrons of die necessary sa dty rotoco s in p ace: p ysi a distancing, proper han hygiene, cough and sneeze etiquette, mandatory masks/face coverings while in the building (except while on the ice) and capacity limits in various spaces. Under the Provincial guidelines, staff would be required to strictly control access and patron counts to the building, monitor the number of participants in each area, control entrance and exit of patrons, ensure reduced capacity limits in dressing rooms and on the ice, limit public washroom access, control access to spectator seating, and ensure compliance within the requirements. The frequency of cleaning and sanitizing of all public spaces will remain enhanced, with an emphasis on high contact surfaces including, but not limited to door handles, washrooms, dressing rooms, benches, and standing areas. Cleaning logs continued to be maintained to track the necessary sanitation practices within all municipal buildings, the arena included. Considerations Demand/Revenue Given the uncertainty of the evolving pandemic, demand for ice rentals and associated revenue is difficult to predict. However, based on 2020 ice rentals while the facility was operational, the overall feedback of user groups was favourable and the demand was consistent with pre-pandemic levels. After an initial outreach to teams and leagues for the 2021-2022 season, it is anticipated that the arena could be back to normal utilization rates for ice rentals. This will be confirmed once exact regulations and operational requirements are determined for September and can be communicated to user groups. As the 2021 budget was adopted following the December 2020 shutdown, the 2021 budget assumed no ice rental revenue for 2021 (Jan-April) period and lost revenues were offset by Provincial COVID-19 funding. Given demand projections for the 2021/2022 ice season it is anticipated that revenues for the 2021-2022 will meet or exceed the 2021 budget allocation and be on target for the first half of 2022. Costs The operation of the arena consists of fixed costs associated with general operations (non-ice), and maintenance costs. Incremental variable costs include staffing and incremental maintenance, repairs, consumables (materials) and utilities. To ensure the Township can effectively implement the safe resumption of ice rentals and compliance with regulations, additional casual staffing resources (2.5 seasonal FTE) would be required at a cost of approximately $37,000 for 2021 (September 12- December 31) and $37,000 for 2022 (January —April) assuming continued augmented COVID-19 protocols. This would be partially offset by cost avoidance resulting from the Arena shutdown (variable costs — utilities, materials etc.) with the remaining variance funded from the Provincial 2021 COVID-19 Funding. Operations and Community Services August 18, 2021 Report No. OCS2021-18 Page 3 of 5 Page 197 of 528 12.b) OCS2021-18, Ryan Anderson, Manager, Facilities and Parks re: Arena... Benefits The provision of the arena for minor sports and community programing provides an important element of the Township's recovery plan by providing opportunities for participation in sport and physical activity which yields a number of benefits as well as enhancing the quality of life in what has become our new normal. Demand and utilization is estimated to be consistent with pre-pandemic levels and within the 2021/2022 budget parameters. Risks The operation of the arena does carry risks associated with changing regulations and potential further shut down in the event of caseload escalation which may impact operating and financial assumptions. However, these risks will be managed by the Senior Management Team across all of the Township's service areas. It is recommended that the Township resume arena ice operations effective September 12, 2021 and that Council approve the required incremental upwards allocation of $37, 000 in 2021 and $37,000 in 2022 to be funded from the COVID-19 reserve. Community Halls The Community Halls were closed on March 13, 2020. Carley, Eady and Hawkestone Halls were assumed as additional staff work locations for Township operations. With the remaining Halls being closed and unable to fundraise or book rentals to cover their operating expenses, the Township temporarily assumed the cost of operations for 2020- 2021 . Under the Step 3 regulations, the Township is able to reopen community halls for limited use, provided stringent protocols and safety controls are in place. For this to occur, the Township would need to assume responsibility for booking administration to ensure consistent communication of safety protocols and gathering the required documentation from hall users and renters. In addition, given the regulatory requirements for augmented cleaning protocols, this function would need to be assumed by Township staff to ensure compliance and would require additional resources which would not be feasible given limited rental revenue. Considering the additional resource requirements, the enhanced required controls for ensuring for the protection of the public and volunteers, it is recommended that the Township's Community Halls remain closed at this time and their operations be reviewed following the release of updated regulations following Step 3. Policies/Legislation: • Ontario Regulation 364/20: RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP • Occupational Health and Safety Act Operations and Community Services August 18, 2021 Report No. OCS2021-18 Page 4 of 5 Page 198 of 528 12.b) OCS2021-18, Ryan Anderson, Manager, Facilities and Parks re: Arena... Corporate Strategic Goals: • Continuous Improvement & Fiscal Responsibility • Enhanced Communications & Customer Service • Inclusive, Healthy Community • Employer of Choice Consultations: • Director, Operations and Community Services • Chief Financial Officer/Treasurer • Manager HR\Health & Safety • Township of Oro-Medonte Emergency Control Group • Simcoe Muskoka District Health Unit • Township of Oro-Medonte Ice User Groups Conclusion: A detailed review of the considerations and implications associated with the re-opening of the Oro-Medonte Community Arena and Township Community Halls has been undertaken. A comprehensive operating plan for the re-opening of the arena will ensure alignment with the Township's recovery planning guiding principles, best practice and guidance from the Province and the Simcoe Muskoka District Health Unit. It is recommended that staff move forward with the re-opening of the Oro-Medonte Community Arena for the 2021/2022 season. Under the current regulations it is anticipated that additional staffing resources will be needed for COVID-19 protocols, requiring an allocation of $37,000 in 2021 and $37,000 in 2022, to be funded from the COVID-19 reserve. Opening the Township's Community Halls would require a new operating model and protocols which are not feasible at this time. As such, it is recommended that the Community Halls remain closed and until further review. Respectfully Submitted: Ryan Anderson Manager, Facilities and Parks Approvals: Shawn Binns, Date: Director Operations & Community Services August 10, 2021 Robin Dunn, CAO August 12, 2021 Operations and Community Services August 18, 2021 Report No. OCS2021-18 Page 5 of 5 Page 199 of 528 12.c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Repor... Report Township of Fraud Heritrage, Exciting Future Report No. To: Prepared By: CS2021-22 Council Yvonne Aubichon and Donna Hewitt Meeting Date: Subject: Motion # July 20, 2021 Hybrid Meeting and Procedural By-law Update Roll #: N/A Report R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. CS2021-22 as presented by Yvonne Aubichon, Clerk, be received and adopted; 2. That Council approves Option # with respect to Council and Development Services Meetings 3. That staff be directed to ensure any changes to the Chambers are done in compliance with the Provincial Regulations and the Simcoe Muskoka District Health Unit Restrictions and Instructions; and 4. That any proposed changes to the Procedural By-law, as a result of Council's direction, be brought forward for Council's consideration at the next Regular Council meeting. Background: Due to the COVID-19 Pandemic in March 2020, the Municipal Act was amended to permanently permit municipalities to conduct electronic meetings. The Township of Oro- Medonte joined other municipalities and all levels of government and businesses across the Province, Canada and the world in successfully implementing an electronic meeting platform. With the increase in second vaccination recipients, the Township's anticipated shift to enable the public to access the Administration Centre without the need for an appointment and the Province steadily moving toward a reopening, staff deemed it necessary to provide meeting management options for consideration should meetings in the Chamber be able to safely resume sometime in the late Fall/end of 2021. Simcoe area Clerks and Information Technology staff met to discuss possible commonalities with respect to hybrid meetings and how best to approach a hybrid Corporate Services August 18, 2021 Report No. CS2021-22 Pagel of 8 Page 200 of 528 12.c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Repor... meeting concept, as they are very different from fully electronic meetings and require significantly more accommodation to implement. It was determined that accommodation was varied across municipalities due to equipment requirements, size of each Chamber and the ability or inability to accommodate hybrid meetings, ability and/or the desire to return to in-person meetings in the near future also varied amongst municipalities. It appeared that all except one or two municipalities expected to be transitioning to a hybrid meeting system by the late Fall or end of 2021 . Subsequently municipalities are once more looking for ways to conform to the new Provincial Regulation and the Simcoe Muskoka District Health Unit Restrictions and Instructions, while remaining cognizant that these regulations are subject to change on a regular ongoing basis. While there are varied requirements for each municipality, there were also a few common themes which staff heard from their colleagues; such as, look and feel of a hybrid meeting, staff resources required to set-up and run the various technologies during the meeting; i.e. camera's, monitors, platform, YouTube Iivestream, and the need for Audio-Visual Specialists to evaluate the space and provide their expert recommendations. In the Township of Oro-Medonte's case, a specialist was required because of the technological complexities faced in our initial transition to full electronic meetings and the limited space for accommodation around the dais and within the Council Chambers. Flexibility and Cost Savings Provided Through Electronic Meetings Platform: There was also some reflection on the success of electronic meetings; such as, the opportunity and convenience these meetings have provided for the public to attend, persons with mobility concerns who find it difficult to attend in-person meetings could now attend from anywhere, working members of the public were provided the ability to attend and speak to matters without having to take time off to travel to in-person meetings, there is also cost savings with consultants and legal counsel attending remotely, virtually eliminating travel time and accommodation costs and there is also the time savings with respect to staff resources; normally staff would be required to attend Chambers and wait in que to speak at an in-person meeting, but now are afforded the opportunity to continue to work at their desk or remote office until their time to join the meeting occurs. Others saw the continuance of electronic meetings (remote access) as an incentive to encourage potential candidates for the upcoming and future municipal elections. These are all aspects for discussion as we move toward the future and what we have come to refer to as "our new normal". Discussion with Simcoe Municipalities (Hybrid Meetings): Some municipalities have entertained returning all Council to in-person meetings, with their attendance occurring individually through the technology on their laptops, but with laptops muted and microphones in the Chambers utilized to project the discussion. Under this scenario, each Council member would appear individually (head & shoulders) in their tile on the screen. Other municipalities are using electronic meeting technology such as ZOOM where a full camera angle is used to capture those members participating in-person at the Corporate Services August 18, 2021 Report No. CS2021-22 Page 2 of 8 Page 201 of 528 12.c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Repor... Council Table and individual head/shoulder angles for those participating remotely. This leaves those members in Chambers appearing minuscule in comparison to those on the individual electronic platform. Not unlike a regular meeting in Chambers, large monitors would be required to enable the Council and staff in the Chamber to view the presentations and delegations, while viewing the agenda from their laptops. As is the case with most municipalities including Oro-Medonte, the camera system in the Chambers was installed pre-COVID to allow for streaming, but not appropriately located for hybrid meeting requirements. Analysis: Public Safety and Potential Setback: The health, safety and well-being of Township Council, staff and the public is of paramount importance in the fight to maintain a healthy and safe community and meet our corporate goal of being an Employer of Choice. The Township continues to uphold its obligations under Provincial Regulations and Health Unit Restrictions and Instructions. As noted above, continuation of public safety remains the Township's top priority and is at the core of every decision, while maintaining business continuity. With the continued risk of COVID-19 and the challenges with the size and capacity within the Chambers, it is not the Township's intent to introduce public attendance back into the Chamber until such time as it is safer to do so. Electronic participation and livestreaming of the Township's meetings will ensure compliance with the Open Meeting requirements under Section 239(1) of the Municipal Act. Of course, any change to the current workplace structure also increases the potential to Council and staff for return to electronic meetings should infection occur. Findings: Staff have reviewed meeting formats, equipment option/requirements in consultation with Township Audio/visual Specialists and obtained estimates for the necessary equipment to accommodate a hybrid meeting system and/or necessary improvements to the Chamber. Staff have outlined the requirements and costs below for Council's consideration while ensuring the Township's obligation to maintain compliance under the Provincial and Health Unit Restrictions are adhered to. Hybrid Meeting System: First Council must determine if there is a desire to return to the Chamber for meetings at this time. If yes, in order for in-person meetings to resume, a decision with respect to technical meeting options and the physical changes required in the Chamber are outlined below for Council's consideration. It should be noted, that the existing Council Table configuration is not large enough to accommodate all seven members of Council and provide 2m of physical separation as required by Provincial Regulations and Health Unit Restrictions and Instructions. Corporate Services August 18, 2021 Report No. CS2021-22 Page 3 of 8 Page 202 of 528 12.c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Repor... Option #1: Returning all Council Members to in-person meetings with approved exceptions, but still be attending the meeting around the dais through an electronic platform on Members laptops. This would have all Council Members appearing on screen in tile format as they currently appear on the ZOOM platform. The only difference would be that all members are present in Chambers. To mitigate frequency and other technical issues, the laptops microphones would be muted and the meeting discussion would be projected through the Chamber microphones and speaker system. Presentations would be shared on ZOOM and would appear on members laptops as they currently appear. Option #1 would require the following changes to the Chamber: • New microphones for Council members plus modifications to the Chamber sound system • Horseshoe table modifications: o Extension of dais platform and railing on both sides with Plexiglass dividers; (not recommended) or o Extend the dais platform and railing without Plexiglass dividers Option #2: All Council Members would be present in Chambers around the dais. However, in this scenario, only remote participants, consultants, staff or Members when speaking would appear as a tile beside the full view of Council at the dais. Council members would utilize their computers to follow along with the agenda and agenda materials. The camera in Chambers was installed pre-COVID-19 and of the various camera types and options reviewed by staff and the Township's Audio/Visual Specialists the recommendation was to relocate the existing camera closer to Council while still maintaining a wide view of the dais, this will provide a crisper picture of Members sitting at the dais. Option #2 would require the following changes to the Chamber: • New microphones for Council members plus modifications to the Chamber sound system • Horseshoe table modifications: o Extension of dais platform and railing on both sides with Plexiglass dividers; (not recommended) or o Extend the dais platform and railing without Plexiglass dividers • Replacement of existing projection screen with 3 monitors centrally mounted (Council view; Gallery view; Staff view) (recommended) or an additional screen/monitor mounted in Chambers adjacent to the Horseshoe Table to ensure all Council members can view the meeting on the screens Corporate Services August 18, 2021 Report No. CS2021-22 Page 4 of 8 Page 203 of 528 12.c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Repor... Option #3: is no change maintaining the current status quo with members attending remotely through an electronic platform. This option would require no changes at the present time. The following are the various costs associated with each of the options and their choices. Note that where audio and technical changes are required the cost for electrical work has not been included and pricing does not include HST Audio Equipment (Option #1 and #2): As Council may recall, prior to the COVID-19 electronic meeting process, persistent noise and volume issues were experienced during meetings, then at the onset of the electronic meeting process in March of 2020, some members of Council attended the meeting from the Chamber with some members of staff, while other members of Council attended remotely; however, interference at a high frequency was experienced with the use of the ZOOM platform when just a few computers using the ZOOM platform and other electronic meeting equipment were in close proximity to each other. The Township's Audio/visual Specialists have advised that a microphone system that runs as one unit versus an individual microphone system as well as replacement microphones will eliminate this problem. This system modification with installation is estimated at a cost of $1 ,598.00. The cost of microphone replacements (7 microphones) is estimated at $3,654.42. Timing for ordering, delivery, installation and testing is approximately 4 to 6 weeks from time of order placement. Visual Equipment (Option #1 and #2) With the current location of the screen in Chambers some Council members are unable to view its contents therefore to ensure Council Members can stay seated a replacement of existing projection screen with 3 monitors centrally mounted (for Council view; Gallery view; Staff view) or an additional screen/monitor mounted in Chambers adjacent to the Horseshoe table area is required. (If the decision is to replace the existing screen, it and the projector can be repurposed to another facility). The cost of this equipment is estimated as follows: • Estimated cost for mounting equipment for three (3) monitors including installation is $6,039.00-1 • Estimated cost for three monitors is $4,500 or • Estimated cost for one (1) new wall mounting equipment, including installation is $2,679.00 • Estimated cost for one monitor is $1,500.00 • Timing for ordering, delivery, installation and testing is approximately 4 to 6 weeks from time of order placement. Corporate Services August 18, 2021 Report No. CS2021-22 Page 5 of 8 Page 204 of 528 12.c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Repor... Barriers/Social Distance Requirements (Option #1 and #2): Currently the dais cannot accommodate all seven (7) members of Council while still maintaining the mandatory 2 metre physical distance to maintain compliance with the restrictions under the current Provincial Regulation 541/21 Reopening Ontario (A Flexible Response to COVID-19) Act 2020 amending Regulation 364/20 and the Simcoe Muskoka District Health Unit Restrictions and Instructions. Therefore to accommodate all Council members, an extension to the dais is required. The estimated cost of this extension to the dais is $1 ,500 and an in-house installation can be accommodated in a fairly timely manner. Plexiglass barriers and/or masks while not required is another option to ensure public safety. Council may wish to weigh the positives and/or negatives of how masking or not masking without plexiglass barriers might be perceived by the public given Council's leadership position in the community. Plexiglass: Six plexiglass barriers between each Council Member, while not required, as the 6 feet/2 metre social distance is achieved, are an option for Council's consideration and are estimated at $500.00 to 700.00 per section. These barriers would be kept in place with heavy Velcro and extend past the back surface of the dais table to the floor, in order to obtain the necessary support/separation when Members are leaning into the dais or leaning back in their seat. Livestreaming: The electronic meeting process in combination with the livestreaming of Council and Committee meetings to the Township's YouTube were well received by the public and in keeping with the principles of accountability and transparency outlined in the Municipal Act and as advocated by the Ombudsman's Office during the pandemic. Compliance with closed captioned and WCAG 2.0 AAA (AODA) requirements once launched in the near future may require additional software that can transcribe as well as record the meetings. Chamber Blinds: Visibility as well as air circulation issues have occurred with the existing vertical window blinds in the Chamber. Windows cannot be open for better air circulation due to the noise created by the window coverings. Visibility has also been an issue when projecting on the screen due to light filtration through the vertical blind slats. To avoid this occurring in the future and to complement the technical upgrades, staff are recommending blackout fabric coverings to reduce noise and eliminate light when required; adding acoustic and lighting enhancements for greater visibility during presentations and richer camera filtration. While this expenditure may be challenging for some Council Members and not seen as important as the technical upgrade requirements, it complements the technical components, optimizes the visual experience, and is a significant element of the Chamber environment that will be used well into the future. These upgrades are also funded from the COVID-19 Provincial funding and not the general tax levy. The cost estimates for these coverings are $2,327.12. Timing for ordering, delivery and installation is approximately 4 - 6 weeks from time of order placement. Corporate Services August 18, 2021 Report No. CS2021-22 Page 6 of 8 Page 205 of 528 12.c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Repor... Procedural By-law updates: Pending Council's direction, updates to the procedural by-law may be required and notice of said updates will also be required prior to returning to the Chamber. Financial / Legal Implications / Risk Management: Costs associated with these improvements would be funded through the Provincial COVID-19 recovery funding. In summary: Option 1 or 2: Audio System: $5,252.42 Video System: $10,539 or $4,179 Physical Changes: $1,500 + Plexiglass at $3,000-$4,500 Blinds: $2,327.12 Note does not include electrical service costs or HST Policies/Legislation: Municipal Act, 2001 as amended Provincial Regulation 541/21 Reopening Ontario (A Flexible Response to COVID-19) Act 2020 amending Regulation 364/20-1 and the Simcoe Muskoka District Health Unit Restrictions Corporate Strategic Goals: Continuous Improvement & Fiscal Responsibility Inclusive, Healthy Community Employer of Choice Consultations: Simcoe County Municipal Clerks Simcoe municipalities Information Technology Staff Township Audio/video Specialists Simcoe Muskoka District Health Unit Andria Leigh, Director, Development Services, Harold Daynard, Manager, Information Technology, Ryan Anderson, Manager, Facilities and Parks, Operations and Community Services Corporate Services August 18, 2021 Report No. CS2021-22 Page 7 of 8 Page 206 of 528 12.c) CS2021-22, Yvonne Aubichon, Clerk; re: Hybrid Meeting System Repor... Attachments: NW Conclusion: In conclusion, transition to a hybrid meeting system is possible should Council wish to do so; however, with the continued risk of COVID-19 and the challenges with the size and capacity within the Chambers, it is not the Township's intent to introduce public attendance back into the Chamber until such time as it is safer to do so. Electronic participation and Iivestreaming of the Township's meetings will continue to ensure compliance with the Open Meeting requirements under Section 239(1) of the Municipal Act as it pertains to Open meetings for the Public. The transition will require some equipment and restructuring of the Council Chamber at an estimated cost of between$13,258.54 and $19,618.54 plus electrical and HST depending upon Council's decisions. Following receipt of Council direction and subsequent placement of orders, it is estimated installation and testing could occur within 6 weeks with meeting transition to follow. Of course, these timelines may also be impacted by unexpected supply and demand issues. Respectfully submitted: Yvonne Aubichon, Clerk Donna Hewitt, Director Corporate Services Approvals: Date Robin Dunn, CAO August 12, 2020 Corporate Services August 18, 2021 Report No. CS2021-22 Page 8 of 8 Page 207 of 528 12.d) ES2021-03, Michelle Jakobi, Acting Director, Environmental Service... Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Prepared By: ES2021-03 Council Michelle Jakobi & Shannon Johnson Meeting Date: Subject: Motion # August 18, 2021 Municipal Services Roll #: Corporation (MSC) Asset R.M.S. File #: Transfer Policy Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. ES2021-03, Municipal Services Corporation (MSC) Asset Transfer Policy, be received and adopted. 2. That Council endorse the MSC Asset Transfer Policy as identified in this report. Background: On July 17, 2019 Council endorsed the seven key articles that require Unanimous Shareholder Agreement for operation of the Municipal Services Corporation (Motion No. C190717-12) for provision of Environmental Services. Required Incorporation documents were filed by Township Legal Counsel in January 2020 and the MSC was incorporated effective January 2020. However, due to the Municipal declaration of an emergency in 2020 associated with the global COVID-19 pandemic, associated redirection of tasks and budget adjustments, the implementation of a Municipal Services Corporation was placed on hold until 2021. At this time, and as part of the project resumption, an Asset Transfer Policy is required to establish a framework for administering the transfer of municipal assets in Environmental Services to a Municipal Services Corporation (MSC), a wholly-owned corporation by the Corporation of the Township or Oro-Medonte. Analysis: As part of the strategy to deliver Environmental Services through an MSC the Township is proposing to transfer selected environment services assets to the MSC, with the expectation that the Township will not receive a financial return on the transferred Environmental Services August 18, 2021 Report No. ES2021-03 Page 1 of 5 Page 208 of 528 12.d) ES2021-03, Michelle Jakobi, Acting Director, Environmental Service... assets in order to avoid a situation whereby environmental services customers are subsidizing the Township. Furthermore, a defined Asset Transfer Policy is intended to demonstrate good governance, accountability and transparency in the use of public assets and adherence to the requirements of applicable legislation. Under the guidance of KPMG LLP and Baker Tilly KDN LLP the following Asset Transfer Policy has been created: MSC Asset Transfer Policy 1. Responsibilities The following criteria shall apply in this Policy: A formal policy to govern the approval and implementation of municipal assets to MSC. 2. Process Instructions for transferring asset(s) to MSC. 2.1 .Asset(s) may be transferred to MSC at any time, as authorized by Council, on such terms as Council may determine. 2.2.Any transfer of Asset(s) must be approved by Council in advance of the Transfer. 2.3. In determining whether to authorize a transfer of Asset(s) to MSC, Council will consider one or more of the following objectives: 2.3.1. Optimizing the use and value of the asset(s); 2.3.2. Advancing the Township's economic development, vitality and competitiveness; 2.3.3. Supporting community health and well-being; 2.3.4. Managing environmentally sustainable growth; 2.3.5. Providing responsive and efficient public service; and 2.3.6. Enhancing the quality of life of the Township's citizens. 2.4. Council may impose such terms and conditions on the transfer of asset(s) as it deems necessary, including but not limited to: 2.4.1. Requiring the MSC to transfer the assets back to the Township upon the occurrence of an event(s); 2.4.2. Restricting or prohibiting further transfers of the assets; and 2.4.3. Attaching a purchase price to the asset, to be paid or owed to the Township by the MSC. 2.5. Before any transfer of asset(s) can occur, Township Staff shall determine the current fair market value of the asset(s) and obtain advice regarding any tax implications of the transfer. This determination may be made using an Environmental Services August 18, 2021 Report No. ES2021-03 Page 2 of 5 Page 209 of 528 12.d) ES2021-03, Michelle Jakobi, Acting Director, Environmental Service... appraiser or Township Staff. 2.6.Where any asset(s) is transferred at less than fair market value, the Treasurer shall prepare a statement of the estimated fair market value of the Asset(s). 2.7.The Treasurer shall record all Transfers of Asset(s) in accordance with the Township's accounting policies and relevant accounting standards Financial / Legal Implications / Risk Management: In consultation with KPMG LLP and Baker Tilly KDN LLP, staff confirm the following: Financial For financial reporting purposes, the transfer of assets is considered to be a restructuring transaction as defined in PSAS 3430: Restructuring Transactions. Under PSAS 3430.07(g), a restructuring transaction is defined as "a transfer of an integrated set of assets and/or liabilities, together with the related program or operating responsibilities without consideration based primarily on the fair value of the individual assets and liabilities transferred". For financial reporting purposes, PSAS 3430.37 indicates that the Township should record the transfer of the assets at their carrying amount (i.e. net book value) at the restructuring date, while PSAS 3430.38 indicates that the MSC should initially record the assets at their carrying amount. As a result, there is no gain or loss on the transfer of assets that is required to be recorded in the Township's financial statements. Legal The proposed structure for the MSC is consistent with the classification of a government business enterprise (GBE), being that: • The MSC is a separate legal entity (corporation); • The MSC is authorized by Council to operate the Township's environment services infrastructure and programs; • The customers of the MSC are residential and non-residential property owners that receive water and other environmental services; and • The MSC operates on a full-cost recovery basis through revenues generated from customers and will not require ongoing financial support from the Township. Risk Management Asset transfer is intended to occur prior to January 1 , 2022; whereupon the MSC will be considered operational. This policy has been prepared in consultation with KPMG LLP and subsequently reviewed for accuracy and concurrence with Baker Tilly KDN LLP who are responsible for the Township of Oro-Medonte's external accounting and Environmental Services August 18, 2021 Report No. ES2021-03 Page 3 of 5 Page 210 of 528 12.d) ES2021-03, Michelle Jakobi, Acting Director, Environmental Service... auditing services. Furthermore, the policy is considered to be consistent and representative of similar asset transfer policies adopted by other municipalities in Ontario that have established MSCs. Policies/Legislation: Municipal Act Ontario Regulation 599/06 Ontario Business Corporations Act Corporate Strategic Goals: Continuous Improvement & Fiscal Responsibility Enhanced Communication & Customer Service Balanced Growth Inclusive, Healthy Community Consultations: KPMG LLP- Oscar Poloni, CPA, CA, CBV, Office Managing Partner, Northern Ontario Baker Tilly KDN LLP- Richard Steiginga, CPA, CA, Partner CAO - Robin Dunn Attachments: None Conclusion: Pursuant to Motion No. C190717-12 and as part of the sequence towards operation of an MSC for the provision of environmental services, this report provides an Asset Transfer Policy for the MSC. Environmental Services August 18, 2021 Report No. ES2021-03 Page 4 of 5 Page 211 of 528 12.d) ES2021-03, Michelle Jakobi, Acting Director, Environmental Service... To reiterate, environmental services asset transfer is intended to occur prior to January 1, 2022; whereupon the MSC will be considered operational. This report is considered the required Asset Transfer Policy document that establishes the framework for administering the transfer of municipal assets in Environmental Services to a Municipal Services Corporation (MSC) . As staff proceed forward with the implementation of the MSC and completion of the asset transfer further updates will be shared with Council. Respectfully submitted: Michelle Jakobi, B.E.S., C.E.T. Director, Environmental Services Shannon Johnson, CPA, CGA Chief Financial Officer / Treasurer Approvals: Date Robin Dunn, CAO August 11, 2021 Environmental Services August 18, 2021 Report No. ES2021-03 Page 5 of 5 Page 212 of 528 12.e) OCS2021-15, Justin Metras, Manager, Infrastructure and Capital Prozo ... 1o,wnship of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared by: OCS 2021-15 Council Justin Metras Meeting Date: Subject: Motion # August 18, 2021 Amendment to Capital budget Roll #: — Bridge 4 emergency repair, R.M.S. File #: design and construction of a replacement structure Recommendation(s): Requires Action For Information Only It is recommended that: 1 . That Report No. OCS 2021-15 be received and adopted; 2. That Council approve the replacement of Bridge 4 at an estimated cost of 1 ,100,000; 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township; 4. That Council approve the submission of an application to Ontario Infrastructure and Lands Corporation for the long-term financing of a $1 ,100,000 debenture to fund the design and construction. Background: The Township of Oro-Medonte is responsible for 50 bridges and structures over 3 metres. The replacement value of the Township's structures is approximately thirty- seven million dollars ($37,000,000). The current financial plan has provided for the prioritized replacement of one structure per year which will be refined following the completion of the Township's asset management plan. Provincial regulations require biennial engineering inspections of all bridges and structures greater than 3 metres. This along with a risk assessment based on traffic volume and road characteristics establishes budget priority for replacement/rehabilitation works. Operations and Community Services August 18, 2021 Report No. OSC2021-15 Pagel of 5 Page 213 of 528 12.e) OCS2021-15, Justin Metras, Manager, Infrastructure and Capital Pro... Bridge 4 is narrow, single lane, single span, steel I-girder structure located on Steeles Line approximately 200m north of County Road 19 (Moonstone Road) that was constructed in 1956. Bridge 4 was identified in the 2019 bridge inspection to be in poor condition. The structure was recommended for replacement within one (1) year based on its physical condition. However, based on the low traffic volume, condition of other structures within the Townships bridge and culvert inventory and available funding, the structure was identified for prioritized replacement in 2025 within the 10-year Capital Plan. In early 2021, staff noted that the condition of Bridge 4 showed signs of accelerated deterioration. RJ Burnside and Associates was asked to assess the structure/deterioration and provide recommendations for rem ediation/replacement. Analysis: The review of the Bridge 4 structure confirmed that the structure has experienced degradation and section loss warranting a concern and remedial action. Given the accelerated rate of deterioration that has occurred at Bridge 4 between 2019 and 2021, Burnside recommended the following options: 1 . Reduce the load posting at the structure to 5 tonnes and replace the bridge as soon as possible. This would restrict emergency vehicles, snow plows and school buses from crossing the structure, until the structure can be replaced. 2. Structurally reinforce the bridge by adding an additional girder and plan to replace the bridge in 2022. The current load posting of 15 tonnes would remain in effect. Staff reviewed the two options available and undertook the emergency repair as reducing load limit and restricting larger vehicles would not be feasible given the impact to emergency services and winter operations requirements. The cost to complete the repair was $16,385 and was funded from the Infrastructure Renewal Reserve. While the emergency repair prevented the load capacity from being reduced, it is only a temporary measure. Given the rate of deterioration that has occurred at Bridge 4 between 2019 and 2021 , Bridge 4 must be advanced in the 5-year capital program from 2025 to 2022. To address the replacement in 2022 $84,500 is required for design in 2021 and $1 ,006,000 for construction in 2022. The scope of work would provide for improvements to allow for two-way traffic. Operations and Community Services August 18, 2021 Report No. OSC2021-15 Page 2 of 5 Page 214 of 528 12.e) OCS2021-15, Justin Metras, Manager, Infrastructure and Capital Pro... Financial / Legal Implications / Risk Management: Bridge 4 Design and Budget Allocation Construction Design $84,500 Construction $954,000 Contingency (5%) $52,000 TOTAL $1,090,500 Municipalities are facing significant challenges resulting from maintenance, rehabilitation and replacement of a large base of aging infrastructure. Beyond current taxes, cash reserves and deferred revenue sources, funding options to address these challenges have included: • External grants; • Issuance of debentures; • Cost recovery using provisions in the Municipal Act, 2001; • Capital leasing; and • Public-private partnerships As a result of the global COVID-19 pandemic in March 2020, the global currency markets quickly retreated to historically low rates on both investments and borrowing. The Canada Prime Rate dropped from 3.95% on March 6, 2020 to 2.45% by March 31, 2020, where it still remains today. As well borrowing rates have dropped from the Township preferred lender, Infrastructure Ontario. As part of the 2021/2022 budget, Council approved a bridge and accelerated roads paving program in the amount of $6,500,000. To fund the project, the Township issued a debenture in the amount of $6,500,000 with Ontario Infrastructure and Lands Corporation (OILC) at a fixed rate of interest of 1 .91% for 10 years. Unfortunately, Bridge 4 was not identified to be replaced during the 2021/2022 budget deliberations; consequently, the proceeds from the $6,500,000 2021 debenture cannot be utilized to fund the costs related to its replacement. The Township's current infrastructure renewal reserve is not sufficient to sustain the funding requirements needed to replace the Township's aging infrastructure into the future and therefore it is recommended that Township Council approve the submission of an application to Ontario Infrastructure and Lands Corporation for the long-term financing of a $1 ,100,000 debenture to replenish reserve funds being utilized to fund Bridge 4 design and construction work in 2021 and 2022. Operations and Community Services August 18, 2021 Report No. OSC2021-15 Page 3 of 5 Page 215 of 528 12.e) OCS2021-15, Justin Metras, Manager, Infrastructure and Capital Pro... The current fixed interest rate of a new debenture, as of the date of this staff report, is 1 .89% for 10 years. The interest expense incurred over ten years would be approximately $112,396.52 which equates to an annual interest cost of approximately $11,240. As legislated by the Province, the Township is currently in the process of having its Asset Management Plan prepared by KPMG LLP to determine the replacement value of its core infrastructure. The plan is not due to be completed until the latter part of Quarter 3; consequently, staff are not able to determine the future infrastructure replacement requirements and related funding gap as of the date of this staff report. However, once the Township's asset management plan has been completed and presented to Council, Council's approval of the asset management plan will provide staff with a roadmap to follow in order to more accurately present the infrastructure replacement requirements and recommended funding contributions to reserves each budget year. Corporate Strategic Goals: Continuous Improvement and Fiscal Responsibility Consultations: Director, Operations and Community Services. Chief Financial Officer/ Treasurer Manager, Operations Conclusion: Due to the accelerated deterioration of Bridge 4 emergency repairs were required to be undertaken at an un-budgeted cost of $16,385 which was funded from the Infrastructure Renewal Reserve. While the emergency repair prevented the load capacity from being reduced, it is only a temporary measure. Given the rate of deterioration that has occurred at Bridge 4 between 2019 and 2021 , Bridge 4 be advanced to be completed in 2022 with design to occur in 2021 and financed through a debenture. Operations and Community Services August 18, 2021 Report No. OSC2021-15 Page 4 of 5 Page 216 of 528 12.e) OCS2021-15, Justin Metras, Manager, Infrastructure and Capital Pro... Respectfully submitted: Justin Metras, C.E.T., CRS-I Manager, Infrastructure and Capital Projects Approved Date Shawn Binns, August 10, 2021 Director, Operations & Community Services Robin Dunn, CAO August 12, 2021 Operations and Community Services August 18, 2021 Report No. OSC2021-15 Page 5 of 5 Page 217 of 528 12.f) OCS2021-19, Karla Musso-Garcia, Manager, Operations re: Intersecti... lownship of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: OCS 2021-19 Council Karla Musso-Garcia, C.E.T. Meeting Date: Subject: Motion # August 18, 2021 Intersection Review — Oakmont Ave and Roll #: Tanglewood Cres. R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended that: 1. Report No. OCS 2021-19 be received; 2. That based on a comprehensive review of the Oakmont Avenue and Tanglewood Crescent intersection, the exiting stop sign on Oakmont Avenue be removed to revert the intersection to a single control on Tanglewood Crescent in accordance with provincial best practices adopted by the Township; 3. That the stop control By-law be amended to address the changes and be brought forward for Council's ratification; 4. That staff continue to work with the Ontario Provincial Police to facilitate proactive speed enforcement in priority locations; 5. That the Traffic Safety Task Force continue to target and monitor proactive road safety initiatives. Background: The Ontario Highway Traffic Act (HTA) as amended authorizes the Council of a Municipality to pass By-laws to erect stop signs at an intersection for right of way control on highway intersections under its jurisdiction. By-law 2004-086 provides the Township with the provisions for the erection of signs where right of way controls are to be installed: Schedule A: Stop Controls, Schedule B: Yield Control and Schedule C: Yield To Oncoming Traffic. In June of 2021 , the Operations Department received concerns of non-compliance with a stop sign at the `T' intersection of Oakmont Avenue and Tanglewood Crescent. A site investigation identified that two (2) stop signs were located at the intersection, one to control westbound traffic from Tanglewood Crescent traffic entering Oakmont Avenue from the north and south, as well as a stop sign on the northbound lane of Oakmont Operations and Community Services August 18, 2021 Report No. OCS 2021-19 Pagel of 5 Page 218 of 528 12.f) OCS2021-19, Karla Musso-Garcia, Manager, Operations re: Intersecti... Avenue. The southbound traffic on Oakmont Avenue does not have right of way control. Further, a residential driveway is in the middle of the intersection on the west side of Oakmont Avenue. Figure 1 -Intersection overview A review of the intersection was conducted which revealed that neither sign was present in the Stop Control By-law which triggered a comprehensive warrant review for the intersection in early July 2021. This report will provide a summary of review at this location and outline recommendations to amend the By-law for the appropriate right of way controls. Analysis: An internal review was conducted on June 23rd, 2021 using Provincial standards, warrants, traffic volumes and engineering best practice. The following technical documents were utilized in the intersection review: The Ontario Traffic Manual Book 5 — Regulatory Signs, The Transportation Association of Canada (TAC) — Stop control warrants and the Road Network Plan Traffic Data. Tanglewood Crescent and Oakmont Avenue are both local class 5 roads with the prescribed Highway Traffic Act speed limit of 50km/hr for a built up area. The existing intersection has a stop control northbound on Oakmont Avenue and westbound on Tanglewood Crescent. Southbound traffic on Oakmont Avenue does not have any stop control. The review concluded that the current two-way control is incorrectly configured and that the Oakmont Avenue stop sign should be removed to revert the intersection to a true "T" intersection with stop control on the minor approach (Tanglewood Crescent). This will eliminate the existing safety concern with respect to pedestrian/vehicle conflicts in that clear right of way will be given to vehicles and pedestrians will not expect vehicles to stop and will wait until a suitable stop gap is available. Operations and Community Services August 18, 2021 Report No. OCS 2021-19 Page 2 of 5 Page 219 of 528 12.f) OCS2021-19, Karla Musso-Garcia, Manager, Operations re: Intersecti... To consider an alternative configuration, a supplementary review for an all-way stop was conducted by utilizing the Ontario Traffic Manual Book 5 — Regulatory Signs criteria for all-way stop controls. The OTM Manuals caution that stop signs are not intended to be used as speed control devices. Their usage should be limited to the control of right- of-way conflicts. The warrants utilized in the intersection review included: 1. Traffic Volumes (All 3 criteria must be met) a. 350 vehicles per hour for highest hour recorded within an eight (8) hour period. b. Minimum combined vehicle and pedestrian volumes from minor road for all 8 hours of the day (200 units/per hour for 8 hours) and; c. The ratio of traffic major: minor meets the 70:30 split. 2. Must have met the minimum of four right of way control accidents per year for a period of 3 years. Based on the information received through the Road Network Plan, the traffic volume associated with those roads is less than 200 vehicles per day. The intersection was reviewed at the lowest threshold for traffic volumes at an intersection, and they did not exceed the 200 vehicles per hour for any of the peak hours of an 8-hour period. The intersection has no record of accidents and did not meet the minimum threshold of four collisions between two vehicles maneuvering through the intersection over 3 years. Given that the intersection does not meet any of the traffic warrants or any supplementary warrants, a 3-way stop is not warranted at this location. The review was further confirmed by Tatham Engineering Ltd. utilizing the latest information from the Road Network Plan. The review also identified that the stop control on Tanglewood Crescent onto Oakmont Avenue was not identified in the 2004 By-law (as amended) and should be added at this time. Based on the intersection review and following best practices adopted by the Township it is recommended that the stop sign on Oakmont Avenue be removed and that the intersection be configured to a stop control on Tanglewood Crescent (minor approach). Following the removal of the stop sign on Oakmont Avenue, a stop bar will be added to the Tanglewood Crescent stop sign and a supplementary sign that states cross traffic does not stop for a period of 30 days in accordance with the OTM requirements. Residents have also expressed concern over speeding on Oakmont Avenue and have cited this be a contributing factor to current non-compliance with the existing configuration of the intersection. As previously outlined, the intent of stop signs is to address right-of- way conflicts and not travel speeds. Accordingly, a separate review of travel speeds should be undertaken to review any additional considerations for compliance with posted speed limits. Operations and Community Services August 18, 2021 Report No. OCS 2021-19 Page 3 of 5 Page 220 of 528 12.f) OCS2021-19, Karla Musso-Garcia, Manager, Operations re: Intersecti... Recent data collection on travel speeds has revealed the prevalence of excess travel speeds throughout the Township, and although the data did not identify this location as a speeding hot spot, it is a concern that is consistently shared by many residents across the Township. Lowering speed limits alone will not address this issue. Rather, a holistic approach is required. An optimal program consists of establishing appropriate speed limits, proactive speed enforcement, community education, roadside safety (road design, signage, line painting, hazard mitigation etc.) and traffic calming in certain circumstances. The Township will continue to work with the Ontario Provincial Police and the Traffic Safety Task Force in collecting and sharing data for proactive speed enforcement in "hot spots" and problematic areas. In addition, dynamic speed control signs were approved in the 2021 budget. The purchase of a specialized fleet vehicle was also approved by Council at the February 24t" meeting. Both of these new tools will be deployed across the Township's 615 km road network. As part of the Road Network Plan, a program for the review of speed limits across the Township has been established to ensure appropriate and consistent application. This process will be followed to review existing conditions on Oakmont Avenue. This data would be shared with the Traffic Safety Task Force in reviewing other considerations which may be warranted. Financial / Legal Implications / Risk Management: The cost of new signage will be addressed through the 2021 Operations signs budget allocation and prioritized accordingly. The Operations Department will continue to review roadside safety requirements and prioritize requirements in annual business plans. Staff will continue to work with the OPP on targeted enforcement and community education relating to travel speeds and community safety. Policies/Legislation: Ontario Highway Traffic Act OTM- Book 5 Regulatory Signs Corporate Strategic Goals: Continuous Improvement and Fiscal Responsibility Balanced Growth Inclusive, Healthy Community Consultations Director, Operations and Community Services Operations and Community Services August 18, 2021 Report No. OCS 2021-19 Page 4 of 5 Page 221 of 528 12.f) OCS2021-19, Karla Musso-Garcia, Manager, Operations re: Intersecti... Tatham Engineering Ltd. Traffic Safety Task Force Conclusion: Report OCS 2021-019 has provided a summary report of the right-of-way control review for the intersection of Oakmont Avenue and Tanglewood Crescent and has concluded the current two-way intersection control is incorrectly configured and that the stop sign on Oakmont Avenue should be removed to provide a one way control on Tanglewood Crescent (minor approach). A supplementary review was completed for an alternate 3- way (all way) configuration which concluded warrants for this configuration are not met and as such should not be considered. Accordingly, the additional concerns regarding speed limit compliance will continue to be monitored with additional measures developed through the Traffic Safety Task Force and the Ontario Provincial Police. Respectfully submitted: Karla Musso-Garcia, C.E.T. Manager, Operations Approvals: Date: Shawn Binns, August 10, 2021 Director, Operations &Community Services Robin Dunn, CAO August 12, 2021 Operations and Community Services August 18, 2021 Report No. OCS 2021-19 Page 5 of 5 Page 222 of 528 12.g) OCS2021-20, Roz Llewellyn, Coordinator, Community Recreation re: C... I nwnship o_f R eport Proud Heritage, Exciting Future Report No. To: Prepared By: OCS2021-20 Council Roz Llewellyn Meeting Date: Subject: Motion # August 18, 2021 Carley Hall Facility Rental Agreement with Brookstone Roll #: Academy R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That report OCS2021-20 be received; 2. That Council approve the proposed facility rental agreement with Brookstone Academy for a term of one year; 3. That the Director, Operations and Community Services be authorized to execute the rental agreement with Brookstone Academy. Background: Carley Hall is one of five community halls that is owned by the Township and operated by a board of community volunteers. Under the current operating model, Hall boards are required to fundraise their operating expenses and 50% of their capital expenditures. Since March 2020 all of the Halls have been closed due to the pandemic. This closure has meant that the Halls were no longer able to raise funds for their operating costs and Council has assumed the operating costs for the Halls until the end of 2021 . Earlier this summer, the Carley Community Hall board and the Township were approached by Brookstone Academy with a proposal to utilize Carley Hall as a private school for the 2021-2022 school year. After discussions and considerations with the Hall Board members, the Township entered into negotiations with Brookstone Academy to determine the feasibility of such an agreement. Analysis: Like many other halls, Carley Hall struggles with utilization and revenue generation. There are smaller one-off rentals, a few larger rentals and some larger community fundraising events, however for the most part, the Hall could benefit from increased use. A long-term rental of this nature would be a considerable increase to the Carley Hall Operations and Community Services August 18, 2021 Report No. OCS2021-20 Page 1 of 3 Page 223 of 528 12�q,) OCS2021-2� RoZ Llewellyn Coor�i.nator Cpmm�ni � Fcryon re: C... Board ye ry revenues. Fur lier, this opportGnity woul increa§e the visa ili o e a from the augmented day to day use of the building and increase the volunteer and fundraising capacity of the Hall Board. Under the current Step 3 of the Roadmap to Reopening, the regulations and associated guidance speaks to recreational amenities and allows for recreational facility operators to reopen indoor facilities like community halls, with various protocols in place such as gathering limits, physical distancing controls, and enhanced cleaning and disinfecting requirements. As part of the rental agreement, Brookstone Academy must provide a comprehensive COVID 19 Safety Plan as required by the regulations and Public Health guidelines. This plan will outline exact steps regarding how the health and safety of the staff, students and volunteers will be maintained. The responsibility and liability for disinfection and implementation/adherence to the safety protocols remains that of the renter. The following further outlines the requirements of the long-term facility rental agreement between the Township of Oro-Medonte and Brookstone Academy. Brookstone Academy's responsibilities: • Commitment of $2,400 per month rent plus HST (utilities inclusive of cost, internet not included); • Rental agreement grants access from 7.00 a.m.- 5.00 p.m. Monday— Friday, September to June (school year). Rent can be pro-rated on a weekly basis outside of these months, should school operations require it; • A COVID safety plan must be provided; • Ensure compliance with all applicable legislation; • Insurance $5M liability with property/contents coverage, naming the Township of Oro-Medonte as an additional insured; • The development of Life Safety Plan/ Fire Code requirements for the school's operation; • Any maintenance/repair costs which are direct result of their use — their financial plan should have provisions for how these costs will be covered; • General cleaning/enhanced sanitizing as required by health regulations; • Any leasehold improvements would require Township approval prior to undertaking work; • Shoveling and maintenance of the walkways must be regularly maintained during the school's operating hours; • Set up/take down and storage of school supplies to allow for community use outside of school hours (evenings/weekends); • Ensuring conservation of utilities; • Provision of damage deposit (last month rent); • One-year term to start subject to review; • Agreement termination provisions; Operations and Community Services August 18, 2021 Report No. OCS2021-20 Page 2 of 3 Page 224 of 528 1h2.q� OCS2,%�I f20, Roz Llewellyn, Coordinator, Community Recreation re: C... Towns i esponsi i hies: • Provide access to tables and chairs; • Maintenance/repair of building and grounds to normal Township standards; • Provide access during specified rental parameters, while also maintaining access to the community for use outside of the rental agreement dates/times; • Coordinate and administer the rental agreement. An important facet of this agreement is that it does not give exclusive use of the building to the renter and the Hall must remain accessible to the community for continued public use (outside of school operations). The renter is agreeable to working with the Township and the Hall Board to ensure this remains feasible. Policies/Legislation: • Ontario Regulation 364/20: RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP • Occupational Health and Safety Act Corporate Strategic Goals: • Continuous Improvement & Fiscal Responsibility • Inclusive, Healthy Community Consultations: • Carley Hall Board Conclusion: An agreement of this nature would be a win-win situation for the community. It would help support families seeking alternative learning opportunities, while also providing a significant increase in usage of Carley Hall. It is recommended that a rental agreement be created with Brookstone Academy for the term of one year. Respectfully Submitted: Roz Llewellyn Coordinator, Facilities and Parks Approvals: Date: Shawn Binns, August 10, 2021 Director Operations & Community Services Robin Dunn, CAO August 12, 2021 Operations and Community Services August 18, 2021 Report No. OCS2021-20 Page 3 of 3 Page 225 of 528 12.h) OCS2021-21 , Justin Metras, Manager, Infrastructure and Capital Pro... lownship of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: OCS2021-21 Council Justin Metras Meeting Date: Subject: Motion # August 18, 2021 Supply and delivery of one Roll #: 4x4 ,1 ton 2022 pick-up R.M.S. File #: trucks. Recommendation(s): Requires Action For Information Only It is recommended that: 1. That Report No. OCS 2021-21 be received and adopted; 2. That Request for Quotation OCS 2021-010 Supply and delivery of one (1) Pick-up Truck be awarded to Thor Motors in the amount of $47,505.00 plus HST. 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township. 4. That the bidders be thanked and notified under the Director, Operations and Community Services signature. Background: The approved 2021 Capital Budget included provisions for the purchase of one new one ton pick-up, with plow. This unit is intended to be a shared resource with the Transportation Division for redundancy in winter operations. Currently there is one (1) truck that completes the facility and parks route for the south end of the Municipality, by outfitting the truck with a plow it will allow for redundancy use for equipment breakdowns and scheduled repairs to reduce downtime in the operation. Operations and Community Services August 18, 2021 Report No. OCS 2021-21 Pagel of 3 Page 226 of 528 12.h) OCS2021-21 , Justin Metras, Manager, Infrastructure and Capital Pro... Analysis: Four local dealers were contacted to submit quotations for the pick-up trucks with two quotations were received back. The results for OCS 2021-010 Supply and Delivery of one (1) 4x4, 1 Ton Pick up"are as follows.- NAME OF BIDDER 1 ton, regular cab, 4x4 Jim Wilson $48,500.00 Thor Motors $47,505.00 It is recommended that the tender from Thor Motors be accepted as a low tender despite not being the lowest bidder in amount of $47,505.00 plus HST. Financial / Legal Implications / Risk Management: NAME OF DEALERSHIP Thor Motors $47,505.00 HST (1 .76) non- recoverable $836.09. TOTAL $48,341.09 An allocation of $65,000 was approved in the 2021 budget for one new additional truck with plow for Parks Operations and as a redundancy to winter operations for facility clearing. In addition to the purchase price of the vehicle, there is a requirement for aftermarket plow and harness, ($10,632.92) This accessory will be added post-purchase. This will result in a positive variance of $6025.99. Policies/Legislation: Purchasing and Tendering Procedures Corporate Strategic Goals: Continuous Improvement and Fiscal Responsibility Operations and Community Services August 18, 2021 Report No. OCS 2021-21 Page 2 of 3 Page 227 of 528 12.h) OCS2021-21 , Justin Metras, Manager, Infrastructure and Capital Pro... Consultations: Director, Operations and Community Services. Manager, Operations Conclusion: The results of the Request for Quotation reflects competitive market pricing to address the approved 2021 fleet needs that came in within budget allocations. Justin Metras C.E.T, CRS-1 Manager, Infrastructure and Capital Projects Approvals: Date: Shawn Binns, Director, Operations & Community Services August 10, 2021 Robin Dunn, CAO August 12, 2021 Operations and Community Services August 18, 2021 Report No. OCS 2021-21 Page 3 of 3 Page 228 of 528 12.i) FES2021-3, Hugh Murray, Director, Fire & Emergency Services/Fire C... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: FES 2021 - 03 Council Hugh Murray Meeting Date: Subject: Motion # August 18, 2021 9-1-1 C.E.R.B. Services Roll #: Agreement R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report FES 2021- 03 be received and adopted. 2. That the Clerk and Mayor be authorized to sign the agreement. 3. That the appropriate by-law be brought forward for Council's consideration. 4. And that the City Of Orillia's Fire Chief be notified of Council's decision under the Fire Chief's signature. Background: The Township of Oro-Medonte receives its 9-1-1 Central Emergency Reporting Bureau (C.E.R.B.) services through the City of Orillia, which are located in the City of Orillia Fire Department Communications Centre. The 9-1-1 answering bureau (C.E.R.B.) answers the initial 9-1-1 calls from the public and transfers those emergency calls to the appropriate agency. The current memorandum of agreement with the City of Orillia expired December 31 , 2020. Analysis: The City of Orillia has provided a new memorandum of agreement to take effect January 1 , 2021 until midnight December 31, 2022. Staff have reviewed the agreement, Fire & Emergency Services August 18, 2021 Report No. FD 2021 - 03 Pagel of 2 Page 229 of 528 12.i) FES2021-3, Hugh Murray, Director, Fire & Emergency Services/Fire C... which has not changed from the previous agreement. Due to a number of factors including delays caused by Covid, Orillia has provided a 2-year contract for the current and following year for which they have been providing the service without interruption. Financial / Legal Implications / Risk Management: As per the 2020 contact the Township pays $0.81 per capita for the 9-1-1 service based on the population shown in the current Statistics Canada Community Profile and is updated annually during this agreement. (2016 Statistics Canada population 21 ,036) The rate of $0.81 per capita will remain the same for the duration of this contact thus there will be no impact on the budget. Policies/Legislation: Municipal Act, S.O. 2001 , c. 25 Fire Protection and Prevention Act, S.O. 1997, c4 Corporate Strategic Goals: Financial Stewardship Healthy Community Consultations: City of Orillia Fire Chief Attachments: Memorandum of Agreement between the City of Orillia and the Township of Oro-Medonte Conclusion: Staff recommend that the agreement be signed and that we continue with the service provided by the City of Orillia for the duration of the agreement. Respectfully submitted: Hugh Murray, Director Fire & Emergency Services / Fire Chief Approvals: Date Robin Dunn, CAO August 12, 2021 Fire & Emergency Services August 18, 2021 Report No. FD 2021 - 03 Page 2 of 2 Page 230 of 528 12 J) FES2021-4, Hugh Murray, Director, Fire & Emergency Services/Fire C... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: FES 2021 - 04 Council Hugh Murray Meeting Date: Subject: Motion # August 18, 2021 Fire Dispatch Services Roll #: Agreement R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report FES 2021- 04 be received and adopted. 2. That the Clerk and Mayor be authorized to sign the agreement. 3. That the appropriate by-law be brought forward for Council's consideration. 4. And that the City of Orillia's Fire Chief be notified of Council's decision under the Fire Chief's signature. Background: The Township of Oro-Medonte receives its Fire Dispatch services through the City of Orillia, which are located in the City of Orillia Fire Department Communications Centre. Oro-Medonte Fire & Emergency Services are dispatched to calls from the 9-1-1 system and the public for both emergency and non-emergency conditions. The current memorandum of agreement with the City of Orillia expired December 31, 2020. Analysis: The City of Orillia has provided a new memorandum of agreement to take effect January 1, 2121 until midnight December 31 , 2022. Staff have reviewed the agreement, which has a slight increase in the per capita rate from the previous agreement. The City Fire & Emergency Services August 18, 2021 Report No. FD 2021 - 04 Pagel of 3 Page 231 of 528 12 J) FES2021-4, Hugh Murray, Director, Fire & Emergency Services/Fire C... of Orillia has provided a 2-year contract for the current and following year for which they have been providing the service without interruption. Financial / Legal Implications / Risk Management: The Township paid $2.10 per capita for dispatching services in 2020 based on the population shown in the current Statistics Canada Community Profile and is updated annually during this agreement. The base rate of $2.10 will change to $2.12 until December 31, 2022. Adjustments will be made on each subsequent January 1 st as per the Consumers Price Index for Ontario. (Annual average published by Statistics Canada each preceding November) (2016 Statistics Canada population 21,036) Increase of $420.72 for 2021 and also for 2022 and was accounted for in the approved budget Policies/Legislation: Municipal Act, S.O. 2001 , c. 25 Fire Protection and Prevention Act, S.O. 1997, c4 Corporate Strategic Goals: Financial Stewardship Healthy Community Consultations: City of Orillia Fire Chief Attachments: Memorandum of Agreement between the City of Orillia and the Township of Oro- Medonte Conclusion: Staff recommend that the agreement be signed and that we continue with the service provided by the City of Orillia for the duration of the agreement. Fire & Emergency Services August 18, 2021 Report No. FD 2021 - 04 Page 2 of 3 Page 232 of 528 12.j) FES2021-4, Hugh Murray, Director, Fire & Emergency Services/Fire C... Respectfully submitted: Hugh Murray, Director Fire & Emergency Services / Fire Chief Approvals: Date Robin Dunn, CAO August 12, 2021 Fire & Emergency Services August 18, 2021 Report No. FD 2021 - 04 Page 3 of 3 Page 233 of 528 12.k) FES2021-5, Hugh Murray, Director, Fire & Emergency Services/Fire C... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: FES 2021 - 05 Council Hugh Murray Meeting Date: Subject: Motion # August 18, 2021 Tanker 3 Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. FES 2021 - 05 be received and adopted. 2. And that Council authorize the acceptance of the cash settlement. 3. And that the Fire Chief be authorized to purchase a replacement apparatus. Background: On the evening of June 6, 2021 Fire & Emergency Services were involved in several motor vehicle accidents on Highway 11 that involved multiple stations and apparatus. Firefighters and apparatus from Station # 2 responded to a Motor Vehicle accident involving a wheel that had come off a vehicle, which went through the windshield of a transport. Shortly after the response a second call for a pedestrian hit on the highway came out requiring Station # 1 to respond to that incident, at that point the incident commander requested Tank #3 to respond to assist in blocking the scene to divert traffic and protect emergency personnel. Tank 3 arrived on the scene and began to block the emergency scene. As firefighters were placing cones to direct the traffic off the highway, a vehicle drove straight into the back of Tank # 3 narrowly missing the two firefighters. The driver was treated and transported to a local hospital. Department August 18, 2021 Report No. FES 2021 -05 Pagel of 3 Page 234 of 528 12.k) FES2021-5, Hugh Murray, Director, Fire & Emergency Services/Fire C... Analysis: Because of the collision, Tank # 3 sustained serious damage. The tanker was towed to Dependable Fire Apparatus in Brampton where the insurance adjuster worked with them to determine the extent of the damage. This has taken some time, as the apparatus had to be taken apart and off the chassis to determine the full extent of the damage. It has been determined that the tanker could be repaired; however it will take approximately 4 '/2 to 5 months to repair as some parts will need to be fabricated as they are no longer available due to the age. The cost of the repair is $155,595.98 of this amount our municipality is responsible for the 86.46% of HST but the deductible is WAIVED. A cash settlement of $135,119.28 has been offered to put towards the purchase of a new truck. The salvage of the truck would also be ours to sell/dispose and recover any funds. Since the tanker is due to be replaced in six (6) years, staff are recommending that a new tanker be purchased utilizing the funds from the settlement towards the purchase. Financial / Legal Implications / Risk Management: Tank # 3 is a 2007 Metalfab Tanker was purchased at a cost of $189,437.27 and has a current book value of$63,145.78. A cash settlement of $135,119.28 would give us a gain of $71,973.50 not including what we may get for the salvage of the truck. Purchase of a new Tanker would be approximately $400,000.00 Policies/Legislation: Purchasing and Tendering Procedures Corporate Strategic Goals: Continuous Improvement and Fiscal Responsibility Consultations: Shannon Johnson, Chief Financial Officer/ Treasurer Robin Dunn, CAO Department August 18, 2021 Report No. FES 2021 -05 Page 2 of 3 Page 235 of 528 12.k) FES2021-5, Hugh Murray, Director, Fire & Emergency Services/Fire C... Attachments: None Conclusion: Given the age of the truck and the damage sustained along with the offer of a cash settlement that will realize a net financial gain, staff are recommending that Council accept the cash settlement and that staff move forward with the purchase of a new tanker similar to the current tanker. Respectfully submitted: Hugh Murray, Director Fire & Emergency Services / Fire Chief Approvals: Date Robin Dunn, CAO August 12, 2021 Department August 18, 2021 Report No. FES 2021 -05 Page 3 of 3 Page 236 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re: Request f... Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2020-117 Council Derek Witlib, Manager Planning Services Meeting Date: Subject: Motion # August 18, 2021 Request for Extension of Draft Plan Approval by Roll #: Horseshoe Valley Lands Ltd, R.M.S. File #: 4346-020-010-05501 for 43-OM-93002 & D12 07251 43-CD-93002 Timber Ridge) Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-117 be received and adopted. 2. That Council approve the request for extension to draft plan approval by Horseshoe Valley Lands Ltd. for Timber Ridge (43-OM-93002 & 43-CD-93002), for a period of one (1) year. 3. That the appropriate notice of the changes of the conditions of draft plan approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P.13. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: Draft Plan of Subdivision and Condominium 43-OM-93002 & 43-CD-93002 (Timber Ridge Condominiums) is proposed as a 250 unit, multiple residential development within the Horseshoe Valley Rural Settlement Area, north of Horseshoe Valley Road. The lands are located in Part Lots 1 and 2, Concession 4 in the former Township of Medonte. A Location Map of the Subject Lands is included as Schedule 1 to this report and a copy of the proposed Draft Plan is included as Schedule 2. The Draft Plan was originally approved in 1995. The Township has previously granted Draft Plan Extensions for these lands, including a 3-year extension granted in 2017 and a 1-year extension in 2020 that is due to expire on September 2, 2021 . Other than the Draft Plan Extension requests, the developer has not made any submissions to the Development Services August 18, 2021 Report No. DS2021-117 Page 1 of 10 Page 237 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re. Request f... Township toward the clearing the Draft Plan Conditions. The developer's planner has submitted a letter to the Township requesting a 3-year extension and a copy of that letter is included as Schedule 3 to this report. Analysis: In order to receive final approval from the Township and proceed to registration of this plan of subdivision, the landowner is required to clear all conditions imposed by the approval authority (Township) and the required agencies. The Planning Act, in Section 51 (32) provides the ability for an approval authority to impose that a draft plan of subdivision will lapse at the expiration of the time period specified by the approval authority, being not less than three years for the initial Draft Plan Approval. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision. Notice of these changes is required to be given following any decision to change conditions and is subject to an appeal process. This ability for the Township to impose a lapsing date is useful in some instances where registration will not occur due to various circumstances. Without this `sunset clause', draft plans can remain open in perpetuity and form unrealistic growth forecasts on lands which may never be realized. The Township's Official Plan outlines in Section E1.9 "Existing Draft Plan Approved Residential Subdivision" provide the following policy: "A considerable number of vacant lots existed in Draft Approved Plans of Subdivision in the rural area on the date this Plan was adopted by Council. Some of these subdivisions are located in areas that have not been identified in the Plan as being appropriate for development since such development may have an impact on the rural character of the area and on the cost effectiveness of providing municipal services. In addition, the development of a number of these subdivisions may have a cumulative negative impact on the natural heritage system that this Plan is trying to protect. In this regard, it is the intent of Council to withdraw a draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to development stage in an expeditious manner". While the above-noted Official Plan policy was included in the Township's Official Plan to address a number of outstanding Draft Plan Approved rural, estate residential subdivisions (many of which have since proceeded to registration), Council maintains the authority to refuse to extend Draft Plan Approval for any subdivision in the Township that is not proceeding to development stage in an expeditious manner. Furthermore, since this draft plan was first approved, there have been significant changes to planning policies, including an update to the Provincial Policy Statement, the Province's adoption of and subsequent update to the Growth Plan for the Greater Development Services August 18, 2021 Report No. DS2021-117 Page 2 of 10 Page 238 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re. Request f... Golden Horseshoe, and the approval of the new County of Simcoe Official Plan. These policy changes will in turn impact the policies contained in the Township of Oro- Medonte Official Plan which is currently in the process of being updated to bring it into conformity with Provincial and County planning policies. If the current request for a 3- year extension is approved, an updated Township Official Plan will likely be in effect before the extensions expire. If the owner fails to bring the plans to registration before the extensions expire, the form of development and the Conditions of Draft Plan Approval may no longer conform to the Township's updated Official Plan and Planning Staff may not be able to support additional extensions to the draft plan. Staff have reviewed the developer's 3-year extension request with respect to Timber Ridge. As noted earlier in this report, this development has not made any advancement toward final approval. However, the Draft Plan continues to conform to the current policies of the Official Plan and the lands are zoned to permit the residential development. Timber Ridge is located within a Rural Settlement Area (Horseshoe Valley), parts of which are already serviced with sewer and water and in which full municipal services are ultimately planned. The landowners and the Township are currently advancing the Horseshoe-Craighurst Corridor Water, Wastewater & Transportation Master Servicing Plan (HCCMSP), and all of these lands have been accounted for in the HCCMSP for future servicing. Timber Ridge is proposed be serviced with municipal water and a private sewage treatment plant currently serving portions of the Horseshoe Valley Settlement Area, and the lots are proposed to have frontage on a future public and private road network. This proposed 250 unit development has been accounted for in the HCCMSP and the necessary water capacity has been built into the Township's new well and storage construction to support Zone 1 Integration. However, there is presently no known available private sewage treatment capacity for Timber Ridge. With respect to the time period for the Draft Plan Extension, Planning Staff recommend that an extension be granted for one (1) year (i.e. a lapsing date of September 2022), rather than for the three (3) years requested by the developer. Planning Staff is of the opinion that a 1-year extension is appropriate for the following reasons: 1. This development has not advanced and there have been no tangible indicators that advancement is likely within the developer's proposed 3-year window. As such, the only reason Staff are not recommending refusal of the Draft Plan Extension request is because the Official Plan policies upon which the previous extensions were supported still remain in effect and the proposed form of development remains valid under those policies. The Township is currently undertaking an Official Plan Review, with new Official Plan policies anticipated to be adopted by Council in early 2022. The policies of the Horseshoe Valley Settlement Area have been the subject of considerable discussion during the Official Plan review to-date and in Planning Staff's opinion it would not be good planning to grant a 3-year Draft Plan Extension on lands whose development policies may be revised within one (1) year. Should the development no longer conform to the Township's new Official Plan once Development Services August 18, 2021 Report No. DS2021-117 Page 3 of 10 Page 239 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re: Request f... adopted, under a 3-year extension the lands would nevertheless still be permitted to be developed based on potentially outdated policies and in a form that may no longer reflect the wishes of the Township's residents and Council. A 1-year extension would provide Council with a timely window within which to re-evaluate the development under newly adopted Official Plan policies. 2. There is presently no sanitary sewage treatment capacity to service Timber Ridge. The timing for the availability of sewage treatment capacity is unknown and is not within the Township's control since the waste water treatment plan is privately owned. In Planning Staff's opinion it would not be good planning to maintain Draft Approved status on lands for which the development and servicing horizon is unknown. 3. In 2018 the County of Simcoe initiated a Municipal Comprehensive Review (MCR) process that will update the County of Simcoe Official Plan and address the distribution of population and employment forecasts across the County to 2036 / 2041, including: • Establishing a Settlement Area (SA) hierarchy across the County; • Determination of the need for any SA expansions; • Servicing Capacity & Expansion capabilities & Financial considerations; • Intensification and density target strategies; • Strategy to achieve Density targets; and • Housing strategy, including affordable housing. This work by the County is anticipated to be completed in 2022, prior to the expiry of the 3-year draft plan extension period requested by the developer and is likely to impact Township Official Plan policies. It would not be considered good planning to extend the draft plan approval to a horizon that is potentially beyond that of the County MCR. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Ontario Lands Tribunal and Council chooses to defend their decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law 97-95 Development Services August 18, 2021 Report No. DS2021-117 Page 4 of 10 Page 240 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re. Request f... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: • Director, Development Services • Developer and Developer's Planner Attachments: Schedule 1: Location Map Schedule 2: Draft Plan Schedule 3: Developer's Draft Plan Extension Request Conclusion: On the basis of the above, it is recommended that a one (1) year extension to the Draft Plan Approval be granted to afford the developer an opportunity to advance this development while the Township's current Official Plan policies remain in effect, as well as to provide Council with an appropriate time-frame within which to review the status of Timber Ridge in context to the Township's Official Plan review. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services August 10, 2021 Robin Dunn, CAO August 12, 2021 Development Services August 18, 2021 Report No. DS2021-117 Page 5 of 10 Page 241 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re. Request f... Schedule 1: Location Map 7tJNd: JJ �I I N Mao smn.Yd, 47 f vs ":56 I 43 154 60 lroel•veer•ed. 3g gl 52 •9--F�e��eae.� 33S 3)7� � 6,ova �^✓zrd9e-ad'`N 27 38 40 25 23 36 6 2 19 3'Z ro 8 24 N 8 Zl 30 17 5 _2_B Pine P j 18 n 9 1 '26 2� 11 3 �y� ti dl 13 11 9 7 5 n, 5 13 4 1 4 6 8 1102p ti 8 �117G.tr 26 y. 7 1 16 10 40 38 w,��30 20 5 12 �, 12 41 37 as 23 21 16 1 8. 5 7 9 7 5, 39 35 33 14 4 6 1 ale.Gt. /0 3 I0 2 37 Y3 f 7 S 6 ", �OyC�;ya 22 7 p 9 3 1102 19 8 6 5 7 5 3 2 �C`a 20 18 1 �2``e�202224rvro6 8p 11 t 17 16 rp6 d16,18 30 �"lti 13 13 S` 14 05 7 Q� N N N 14 15 11 12 1 Higha�/' D(5 2 de\1~A� 1 29 rtR 18 17 9 10 1 7 ! a•Q^ \ rCj�`° ry 3N 22 19 6 1106 ` �• 335 ?�2l 5 2? I9 2S 74 ZI 7� 3 23 -� rl 28 26 25 27 30 29 w 31 Q 32 33 1101 36 3S 37 1101 38 3g � A•1 AA 3800 48 50 52 3800 90 0085 Schedule 1 _ Location Tc hi1,® ���nnte Subject Lands 0;Y �� Nrmrd Herilige,Lycitirrg Route 0 100 200 300 400111 File Number:43-OM-93002 N �I I I I I I I I I I I I I I I I I I I Development Services August 18, 2021 Report No. DS2021-117 Page 6 of 10 Page 242 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re. Request f... Schedule 2: Draft Plan dw� , / )I1 �Iff�j�f-liA #�171r1 rz 6 MIN r /J J fv1� `--�'y - 4 9 no RI; If Development Services August 18, 2021 Report No. DS2021-117 Page 7 of 10 Page 243 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re. Request f... Schedule 3: Draft Plan Extension Request IPS INNOVATIVE PLANNING SOLUTIONS INNOVATIVE PLANNERS 0 PROJECT MANAGERS • LAND DEVELOPMENT PLANNING SOLUTIONS June 30th, 2021 Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 2XO Attention: Derek Witlib Manager, Development Services Re: Township File No. 43-OM-93002 &43-CD-93002 Draft Plan Approval Extension Request-Timber Ridge Subdivision Part of Lots 1 &2, Concessions 3 &4 Township of Oro-Medonte, County of Simcoe On behalf of Horseshoe Valley Developments (2018) Inc, please accept this correspondence as our formal request for an extended timeframe to satisfy the Draft Plan of Subdivision conditions for the Timber Ridge Subdivision —Township File Nos. 43-OM-93002 and 43-CD- 93002. Accompanying this letter is one (1) cheque in the amount of $1000.00 as per the Township of Oro-Medonte Draft Plan extension application fee. It is noted that a similar request for a draft plan extension was submitted to the Municipality in June of 2020 as the draft plan conditions would lapse in September 2020, requesting a three (3) year extension. Council approved a one (1) year extension as per the Notice of Changes to the Conditions of Approval dated September 2, 2020; as such, the existing draft plan for the subject lands will expire on September 2, 2021 (per condition 29). As the Township is aware, the applicant has significant landholdings within the Township of Oro-Medonte and the Horseshoe Valley Settlement Area. The applicant has concentrated their resources on lands south of Horseshoe Valley Road, evidenced by their ongoing efforts to register additional draft plans. Since the most recent Draft Plan extension for the subject lands in September 2020, the applicant has been actively proceeding with satisfying the existing draft plan conditions, including preparing detailed design materials to ensure the 647 WELHAM ROAD. UNIT 9A. BARRIE ONTARIO L4N OB7 TEL: (705) 812-3281 FAX: (705) 812-3438 EMAIL: INFOC�IPSCONSULTINGINC.COM Development Services August 18, 2021 Report No. DS2021-117 Page 8 of 10 Page 244 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re. Request f... lands can be appropriately developed and how the site will integrate with the existing Horseshoe Valley Settlement Area and adjacent development. The applicant and their consultants have been in discussions with Township staff, and through correspondence with Township staff, we have been provided additional background information relating to the subject lands to better understand how conditions have and/or are to be satisfied. Additional background information has been requested from the Township and we remain committed to working with staff to advance this development as expeditiously as possible. The applicant is committed to developing their residential lands within Horseshoe Valley in a cost effective and efficient manner, providing for a range of housing types and at varying costs to the end user and contributing towards building a complete community. It is noted that these lands have been accounted for in the ongoing Horseshoe-Craighurst Corridor Water, Wastewater & Transportation Master Servicing Plan (HCCMSP) for future servicing, owing in part to the appropriateness of development on the lands. The Staff Report associated with the previous extension request (September 2020) made note of the fact that this draft approval was granted in 1995 and since then there have been considerable changes and updates to Provincial, County and Municipal Planning policies, however the current approval remains in conformity with the current Official Plan policies (as noted in the Staff Report). Since then, there has been no updates to the Townships Official Plan and thus, the approval would remain in conformity with the Official Plan. It is understood the Township is in the process of updating their Official Plan, a process which the applicant is encouraged by and will be closely monitoring and engaged in. While a new Official Plan is on the horizon, this is a time-consuming process, and the current approval conforms to current policy. The applicant intends to continue making progress towards registration and contribute to a more complete community through the development of these lands. In consideration of existing draft plan approved status of the lands and ongoing Planning processes (County MCR, Township OP update), including the HCCMSP which accounts for the servicing of these lands, it is our expectation Planning Policy will continue to support development on the subject lands long term. In light of the above, we respectfully request an extension of three (3) years relative to Township File Nos 43-OM-93002 & 43-CD-93002. This will provide an appropriate timeframe to secure the necessary approvals related to Timber Ridge and additional time to secure the DRAFT PLAN OF SUBDIVISION EXTENSION TOWNSHIP OF ORO-MEDONTE 43-OM-93002&43-CD-93002 PAGE 2 Development Services August 18, 2021 Report No. DS2021-117 Page 9 of 10 Page 245 of 528 12.1) DS2021-117, Derek Witlib, Manager, Planning Services re. Request f... necessary servicing allocation. We believe this request to be appropriate as the lands are within a settlement area where development is generally directed and services are planned, will provide for desired medium density development which meets current planning policy and contributes to the range of housing options/stock within the settlement area. The requested extension will provide the opportunity of the applicant to maintain current approvals and coordinate with the Township to ultimately secure registration and provide for residential units to the area. The applicant is intending to be involved in the Townships ongoing Official Plan update to ensure the appropriate development of the subject lands. The proposed three year extension will also reduce the need for further requests should a smaller timeframe be approved, which consume valuable staff and Council resources. We would request notification of when this request will be brought forward to Council for consideration. Should you have any questions or comments please do not hesitate to contact the undersigned at your earliest convenience. Respectfully submitted, INNOVATIVE PLANNING SOLUTIONS Greg Barker, B.A.A. Partner DRAFT PLAN OF SUBDIVISION EXTENSION TOWNSHIP OF ORO-MEDONTE 43-OM-93002&43-CD-93002 PAGE 3 Development Services August 18, 2021 Report No. DS2021-117 Page 10 of 10 Page 246 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re: Request f... Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-118 Council Derek Witlib, Manager Planning Services Meeting Date: Subject: Motion # August 18, 2021 Request for Extension of Draft Plan Approval by Roll #: Horseshoe Valley Lands Ltd. R.M.S. File #: 4346-010-002-16000 for Horseshoe Ridge Ph. 4 D12 50248 and Future Development Lands 43-OM-20001 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-118 be received and adopted. 2. That Council approve the request for extension to draft plan approval by Horseshoe Valley Lands Ltd. for Horseshoe Ridge Ph. 4 and Future Development Lands (43-OM-200010), for a period of one (1) year. 3. That the appropriate notice of the changes of the conditions of draft plan approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P.13. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The lands are located in Part of Lots 3 and 4, Concession 4 in the former Township of Oro. A Location Map of the Subject Lands is included as Schedule 1 to this report. The original Draft Plan was approved in 2001 and the draft plan of subdivision has been developed in phases. Phase 1 , the Laurelview subdivision, was registered in 2003 containing 61 single detached residential lots. Phase 2, registered in 2012, contains 16 single detached residential lots. Ridgewood Court, registered in 2013, contains 15 single detached residential lots. Horseshoe Ridge Phase 3, registered in 2014 contains 84 residential units comprised of 57 single detached residential lots and 27 townhouse units. In 2015 Council approved Official Plan Amendment No. 37 which facilitated the conversion of 9 single detached residential lots in Phase 3 into 19 townhouse units Development Services August 18, 2021 Report No. DS2021-118 Page 1 of 12 Page 247 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re. Request f... which increased the total number of units in Horseshoe Ridge Phase 3 from 84 to 94 units. Included as Schedule 2 is a Location Map of Horseshoe Ridge Phase 4 and a copy of the proposed Draft Plan. Horseshoe Ridge Phase 4 is the subject of an active Draft Plan of Subdivision Application (2016-SUB-01) and a Zoning By-law Amendment Application (2016-ZBA- 01), which were applied for in 2016 to revise a portion of the original draft plan to create 25 single detached residential lots and 48 townhouse units, for a total of 72 units. These applications have to-date not been approved by the Township, due to outstanding matters pertaining to stormwater management. The developer has appealed the Township's non-decisions to the Ontario Land Tribunal (OLT) and a 3-day hearing has been scheduled for November 8-10, 2021. The Township has previously granted Draft Plan Extensions for these lands, the most recent being a 3-year extension granted in 2017 and a 1-year extension granted in 2020 that is due to expire on September 2, 2021 . The developer has been actively working towards fulfilling the Draft Plan Conditions and in 2019 the Township entered into a Pre- Servicing Agreement with the developer for the completion of earthworks. The developer's planner has submitted a letter to the Township requesting a 3-year extension and a copy of that letter is included as Schedule 4 to this report. The balance of the subject lands, referred to as the "Future Development Lands" are not currently the subject of an active development file. The original 2001 Draft Plan Approval contemplates approximately 284 single detached residential lots on the Future Development Lands in the form of an adult lifestyle community. Schedule 3 contains the Draft Plan for the Future Development Lands. The Future Development Lands are part of the same parcel of land as Horseshoe Ridge Phase 4 and are part of the same original 2001 Draft Plan Approval. It is therefore necessary to consider the Future Development Lands and Horseshoe Ridge Phase 4 together when considering the developer's request for an extension to the Draft Plan Approval. Analysis: In order to receive final approval from the Township and proceed to registration of this plan of subdivision, the landowner is required to clear all conditions imposed by the approval authority (Township) and the required agencies. The Planning Act, in Section 51 (32) provides the ability for an approval authority to impose that a draft plan of subdivision will lapse at the expiration of the time period specified by the approval authority, being not less than three years for the initial Draft Plan Approval. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan Development Services August 18, 2021 Report No. DS2021-118 Page 2 of 12 Page 248 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re. Request f... of subdivision. Notice of these changes is required to be given following any decision to change conditions and is subject to an appeal process. This ability for the Township to impose a lapsing date is useful in some instances where registration will not occur due to various circumstances. Without this `sunset clause', draft plans can remain open in perpetuity and form unrealistic growth forecasts on lands which may never be realized. The Township's Official Plan outlines in Section E1.9 "Existing Draft Plan Approved Residential Subdivision" provide the following policy: "A considerable number of vacant lots existed in Draft Approved Plans of Subdivision in the rural area on the date this Plan was adopted by Council. Some of these subdivisions are located in areas that have not been identified in the Plan as being appropriate for development since such development may have an impact on the rural character of the area and on the cost effectiveness of providing municipal services. In addition, the development of a number of these subdivisions may have a cumulative negative impact on the natural heritage system that this Plan is trying to protect. In this regard, it is the intent of Council to withdraw a draft approval after an appropriate period of time has elapsed if a subdivision is not proceeding to development stage in an expeditious manner". While the above-noted Official Plan policy was included in the Township's Official Plan to address a number of outstanding Draft Plan Approved rural, estate residential subdivisions (many of which have since proceeded to registration), Council maintains the authority to refuse to extend Draft Plan Approval for any subdivision in the Township that is not proceeding to development stage in an expeditious manner. Furthermore, since this draft plan was first approved, there have been significant changes to planning policies, including an update to the Provincial Policy Statement, the Province's adoption of and subsequent update to the Growth Plan for the Greater Golden Horseshoe, and the approval of the new County of Simcoe Official Plan. These policy changes will in turn impact the policies contained in the Township of Oro- Medonte Official Plan which is currently in the process of being updated to bring it into conformity with Provincial and County planning policies. If the current requests for an additional 3-year extension is approved, an updated Township Official Plan will likely be in effect before the extension expires. If the owner fails to bring the plan to registration before the extension expires, the form of development and the Conditions of Draft Plan Approval may no longer conform to the Township's updated Official Plan and Planning Staff may not be able to support additional extensions to the draft plan. Staff have reviewed the developer's 3-year extension request with respect to Horseshoe Ridge Phase 4 and the Future Development Lands. As noted earlier in this report, the owner has been actively working to move Phase 4 forward. The approved Draft Plan conforms to the current policies of the Official Plan and the lands are zoned to permit the residential development in the form of single detached dwellings subject to removal of Holding (H) provisions on the lands. Decisions on the applicant's red-line revision to the draft plan and amendment to the Zoning By-law to permit additional townhouse units Development Services August 18, 2021 Report No. DS2021-118 Page 3 of 12 Page 249 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re. Request f... are pending the outcome of the OLT hearing and if approved would result in revised Draft Plan Conditions, but this does not preclude the extension of Draft Plan Approval in its current form in the mean-time. Horseshoe Ridge Phase 4 and the Future Development Lands are located within a Rural Settlement Area (Horseshoe Valley), parts of which are already serviced with sewer and water and in which full municipal services are ultimately planned. The landowners and the Township are currently advancing the Horseshoe-Craighurst Corridor Water, Wastewater & Transportation Master Servicing Plan (HCCMSP), and all of these lands have been accounted for in the HCCMSP for future servicing. Horseshoe Ridge Phase 4 and the Future Development Lands are proposed be serviced with municipal water and a private sewage treatment plant currently serving portions of the Horseshoe Valley Settlement Area, and the lots are proposed to have frontage on public roads. Sewage treatment capacity to accommodate Phase 4 has been confirmed to the satisfaction of the Township, but there is presently no dedicated sewage treatment capacity for the Future Development Lands. With respect to the time period for the Draft Plan Extension, Planning Staff recommend that an extension be granted for one (1) year (i.e. a lapsing date of September 2022), rather than for the three (3) years requested by the developer. Planning Staff is of the opinion that a one 1-year extension is appropriate for the following reasons: 1. An OLT decision with respect to the developer's appeals is expected following a hearing scheduled for November 8-10, 2021. 2. Based on the developer's current active efforts to revise Horseshoe Ridge Phase 4 and to clear draft plan conditions under Application 2016-SUB-01, it is reasonable to expect that final subdivision approval and registration can be achieved within 1 year. 3. There is presently no sanitary sewage treatment capacity to service the Future Development Lands. The timing for the availability of sewage treatment capacity is unknown and is not within the Township's control since the waste water treatment plan is privately owned. In Planning Staff's opinion it would not be good planning to maintain long-term Draft Approved status on lands for which the development and servicing horizon is unknown. 4. The Township is currently undertaking an Official Plan Review, with new Official Plan policies anticipated to be adopted by Council in early 2022. The policies of the Horseshoe Valley Settlement Area have been the subject of considerable discussion during the Official Plan review to-date and in Planning Staff's opinion it would not be good planning to grant a 3-year Draft Plan Extension on lands whose development policies may be revised within 1 year. Should the development no longer conform to the Township's new Official Plan once adopted, under a 3-year extension the lands would nevertheless still be permitted to be developed based on potentially outdated policies and in form that may no longer reflect the wishes of the Township's residents and Council. A 1-year extension would provide Council with a timely window within which to re-evaluate the development under newly adopted Official Development Services August 18, 2021 Report No. DS2021-118 Page 4 of 12 Page 250 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re. Request f... Plan policies in the event that all or portions of the lands are not brought to final approval and plan registration within one (1) year. 5. In 2018 the County of Simcoe initiated a Municipal Comprehensive Review (MCR) process that will update the County of Simcoe Official Plan and address the distribution of population and employment forecasts across the County to 2036 / 2041, including: • Establishing a Settlement Area (SA) hierarchy across the County; • Determination of the need for any SA expansions; • Servicing Capacity & Expansion capabilities & Financial considerations; • Intensification and density target strategies; • Strategy to achieve Density targets; and • Housing strategy, including affordable housing. This work by the County is anticipated to be completed by the County in 2022, prior to the expiry of the 3-year draft plan extension period requested by the developer and is likely to impact Township Official Plan policies. It would not be considered good planning to extend the draft plan approval to a horizon that is potentially beyond that of the MCR. Financial / Legal Implications / Risk Management: Potential financial and legal implications should Council's decision be appealed to the Ontario Lands Tribunal and Council chooses to defend the decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law 97-95 Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services August 18, 2021 Report No. DS2021-118 Page 5 of 12 Page 251 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re: Request f... Consultations: • Director, Development Services • Developer and Developer's Planner Attachments: Schedule 1 : Location Map - Overall Lands Schedule 2: Location Map — Horseshoe Ridge Phase 4 and Proposed Draft Plan Schedule I Future Development Lands Draft Plan Schedule 4: Developer's Draft Plan Extension Request Conclusion: On the basis of the above, it is recommended that a one (1) year extension to the Draft Plan Approval be granted to afford the developer an opportunity to obtain final approval and registration of Horseshoe Ridge Phase 4 while the Township's current Official Plan policies remain in effect, as well as to provide Council with an appropriate time-frame within which to review the status of the Future Development Lands in context to the Township's Official Plan review. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services August 10, 2021 Robin Dunn, CAO August 12, 2021 Development Services August 18, 2021 Report No. DS2021-118 Page 6 of 12 Page 252 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re. Request f... Schedule 1: Location Map — Overall Lands x Y JPd. 'y I 16 JI ! 0085 ��11 0085 .Moon io I,id. 17 15 13 14 i�a 9 3077 I 12 30/� 7 7 11 9 7 5 ,� 5 6 6 9 � p6a'$L 3 3 8 d 8 3 1 hOel,aar:xd. 14 12 lU g 6° 1 1 5 35 34 4 18 16, 1 11 •i -oi.' s.ad. 38 30 r 3 9 6 c� 32 ZS 26 1nP'� �YS 13', 5 7 37 p.�p 19 17 2951 i•1 9 35 U33 31 27 23 21 wR}dce-Rd'.p• Z9 ZS 14 16 12 18 16 12� 0 8 5 4 2 2 6 8 SOd G�11 15 2679 r 4 O 7 9 o085 20 14Chestnut.L17 � . Rii19e.3 19 15 11 9 4 5 1 9�6 17 13 8 6 1 4 18 16,+12 10 5 24 22 13 11 9 2 26 �� 19 17 15 G 3028�OCa,23 21 27 25 31 29 35 309Z 31� q a~ 2821 0.3 45 38 o- 47 2815 r, 49 `O 51 L 53 a nd�a Ipe_D� 94 96 98 5 7 8 1202 6 2735 1150 1256 1304 2999 1306 Cine.KN-. Ilk. eSP 5�' zss0 1552 6a 1279 Schedule 1 _ Location Tc hi1, ®Subject Lands 0;Y �� �� Nrmid Hrriingc,L•'.ccitsleg Runic 0 1110 200 3111)M File Number,43-OM-20001 N I I I I I I I I I I I I I I I I Development Services August 18, 2021 Report No. DS2021-118 Page 7 of 12 Page 253 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re. Request f... Schedule 2: Horseshoe Ridge Phase 4— Location Map and Proposed Draft Plan Q (p O U' �3 (4 O J �h estn��n Nordic Tr. t� era s c � 'J O -o o _ C} Subject Lards t � � 12 _ rmtm.nmcaemn t1 B Y3t dfi 1� `1 °4vi• i6TVo� .9 Ch. r ir- I 20 J 17 h � ,j i t y v BLACK A 1 t � 1 } 1 � �l Development Services August 18, 2021 Report No. DS2021-118 Page 8 of 12 Page 254 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re. Request f... Schedule 3: Future Development Lands Draft Plan B s°K 4 r �p STR ET. twNvl�uEr BxrvE7 Vim. �I`.' m 1 i lUl1P.9AY°11AN y` 399 3?O STREET B (OMMONT MEN,-) � x 358 BLU4 PU�TFAIKI �Fl } m rm*t: V .tee 32y- xse.aio'€ XISTING EE 44s N v h� '9so 5a5 ~ 3.k 552 � � YA4 _ $ RESIDENTI, NO.2764 __. ➢ (� 5y5Q �51 ,N �.G Sit ^�`y. 354 597 .�` N.s�sa416.tRo 6 44T 4' 3 s 9595 g40 9 439 c x 430 d J y 5t0 1 3'14 395 & .si STREET L t1MA5ERMEW Q+Eac5NT7 938 45] 4.9 -.-� 5" 546 3,5 e 463 r, 439 4aa 4eF > 5M13 574 - aT- 55 a99 g.439 499 489.. _ a 484 494 rp� 498 50F 14. s 82D 3T6 aB5 :s 4W i 0.30EREswv€3 I- 8 4e5 kk 4BB - 5p6 " 434 49A 465 959 493 � a _ 515 5Y2 3]9 a�W- i01 Z 433 rr*1i 4si 48ac� STREET N-.INON,il+nu oiat£7 V y gg a 431. �p A.v CCKM636 ' e�, tOAitMaNT A4EN11E) _..�.,,..� r.•-BLCC�6�2P r u . eN STREET B t4 COMMUNICA TOWER %LfcK M i� j BLCdt 613 8 f xs•uiot �1x.x3 � rssxase �.-ti.._�-.�... ^_ Msxzx'xs' w_w aiR Js59xl ,„,,,,,,.,...__ Nsszsoo•e Asa a: ..,w Development Services August 18, 2021 Report No. DS2021-118 Page 9 of 12 Page 255 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re. Request f... Schedule 4: Draft Plan Extension Request IPS INNOVATIVE PLANNING SOLUTIONS INNOVATIVE PLANNERS 0 PROJECT MANAGERS • LAND DEVELOPMENT PLANNING SOLUTIONS June 3011, 2021 Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 2XO Attention: Derek Witlib Manager, Development Services Re: Township File No. 43-OM-20001 (Horseshoe Valley Lands Ltd)) Draft Plan Approval Extension Request Part of Lots 3&4, Concession 4 Township of Oro-Medonte, County of Simcoe On behalf of Horseshoe Valley Lands Ltd, please accept this correspondence as our formal request for an extended timeframe to satisfy the Draft Plan of Subdivision conditions for the Horseshoe Ridge Subdivision — Phases 4 & 5 (Township File No. 43-OM-20001). Accompanying this letter is one (1) cheque in the amount of$1000.00 as per the Township of Oro-Medonte Draft Plan extension application fee. Draft plan approval for this Subdivision was originally obtained in 2011 with a recent extension request granted, along with revised conditions on September 2, 2020. Draft Plan Condition 32 stipulates that the approval of this draft plan will lapse one (1) year (September 2, 2021) from the date of approval. This approval may be extended pursuant to subsection 51 (33) of the Planning Act, but no extension can be granted once the approval has lapsed. The draft approval also indicates that if the owner wishes to request an extension to draft approval, a written explanation must be received by the Township of Oro-Medonte sixty (60) days prior to the lapsing date. It is noted that sixty days prior to the lapsing date is July 4, 2021. Since the most recent extension in 2020, the owner has remained active in working with the Township to register Phase 4 and 5. It is important to note that the applicant remains 647 WELHAM ROAD, UNIT 9A. BARRIE ONTARIO L4N OB7 TEL: (705) 812-3281 FAX: (705) 812-3438 EMAIL: [NFOCd[PSCONSULTINGINC.COM Development Services August 18, 2021 Report No. DS2021-118 Page 10 of 12 Page 256 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re- Request f... committed to developing the lands in conformity with applicable policy which have been subject to a number of Planning Act approvals including being designated as Medium Density through OPA#36, which permits densities of up to 30 units per hectare. In fact, Phase 4 of the draft plan of subdivision (application numbers 2016-SUB-01 & 2016- ZBA-01) is the subject of applications, deemed complete as of April 11, 2016, for a modified draft plan amendment and associated zoning bylaw amendment to permit additional densification of the lands consistent with provincial policy and the Town's Official Plan #36. While staff have continued to process these applications and have issued proposed revised draft plan conditions, to date, no decisions have been made on these applications. As a result, the applicant has appealed these applications for non-decision. These appeals are now before the Ontario Land Tribunal (OLT) (formerly LPAT) for consideration but a hearing date has not been set. It is possible that the OLT will not have made a decision on these appeals before the lapsing date of September 2, 2021. Should a decision not be made by the OLT before the lapsing date or should the OLT not approve the appeals once a hearing is scheduled, it is critical that the current approvals remain in effect to ensure the development of the lands occurs in accordance with current Provincial, County and Municipal policy and that needed growth is developed within the Town's settlement areas as contemplated by the existing draft plan approvals. Thus, it is important that the current draft plan approval be extended as proposed by this letter to preserve the ability to complete the final phases of this approved and comprehensively planned development. The Township and owner have previously entered into a pre-servicing agreement and earth works have occurred on the lands, servicing allocation has been granted and the owner remains committed, as evidenced by the above and extensive correspondence between the applicant, the applicant's consultant team and staff to bring this development to final approval and registration in a phased manner. The development represents the final two (2) phases of a five (5) phase subdivision with Phases 1-3 currently developed and occupied; the lands are located within the Horseshoe Valley Settlement Area and have been anticipated to accommodate residential uses for many years and will round out development in the area designated for residential use. The development will contribute to a complete community, make efficient use of existing infrastructure with any expansions necessary borne by the applicant. The development will also bring much needed housing to this popular area of the Township, contributing to the tax base and assisting the Township in achieving its population DRAFT PLAN OF SUBDIVISION EXTENSION TOWNSHIP OFORO•MEDONTE 43-OM-20001 PAGE 2 Development Services August 18, 2021 Report No. DS2021-118 Page 11 of 12 Page 257 of 528 12.m) DS2021-118, Derek Witlib, Manager, Planning Services re- Request f... targets. It is anticipated that once a decision is made for the above noted applications, clearance of associated draft plan conditions will proceed, along with a clearer vision for lands located within Phase 5. Given the uncertainty with respect to the timing of a decision associated with the Phase 4 lands and applications 2016-SUB-01 and 2016-ZBA-01, along with the current global pandemic related to COVID-19, we respectfully request an extension of three (3) years. This will provide an appropriate timeframe to obtain a decision and proceed with satisfying draft plan conditions, and sufficient time to process lands within Phase 5 following Phase 4. Should you have any questions or comments please do not hesitate to contact the undersigned at your earliest convenience. Respectfully submitted, INNOVATIVE PLANNING SOLUTIONS Greg Barker, B.A.A. Partner DRAFT PLAN OF SUBDIVISION EXTENSION TOWNSHIP OF ORO-MEDONTE 43-OM-20001 PAGE 3 Development Services August 18, 2021 Report No. DS2021-118 Page 12 of 12 Page 258 of 528 12.n) DS2021-119, David Saunders, Manager, Development Engineering re. P... Township o}- Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-119 Council David Saunders, Manager Development Engineering Meeting Date: Subject: Motion # August 18, 2021 Pre-Servicing Agreement with 2150505 ONTARIO INC. Roll #: Eagles Rest Estates R.M.S. File #: 4346-010-002-03800 File# 2013-SUB-01 D12 43950 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-119 be received and adopted; 2. That the Township of Oro-Medonte enters into a Pre-Servicing Agreement with 2150505 ONTARIO INC. — Eagles Rest Estates; 3. That the appropriate By-law be brought forward for Council's consideration; and 4. That the owner be notified of Council's decision under the Director, Development Services signature. Background: Eagles Rest Estates (2150505 ONTARIO INC.) is proposing a residential development located at 1552 Bass Lake Sideroad West as identified on the attached Location Map — See Attachment # 1 . These lands were granted draft plan approval by Council on September 2, 2020 for 208 single-family residential units known as Eagles Rest Estates — See Attachment # 2. As the Developer continues to obtain the necessary agency clearances to proceed to the final registration of the subdivision, they have requested permission to enter into a Pre-Servicing Agreement with the Township. The development shall be serviced by a municipal water system and a municipal sewage system. Analysis: The Township has established a process for the consideration of Pre-Servicing Agreements. The Developer has provided the Township a deposit of $10,000.00. In accordance with the Township's Fees and Charges By-law, the required fee of $1500.00 for the preparation and consideration of a pre-servicing agreement shall be drawn from that deposit. Development Services August 18, 2021 Report No. DS2021-119 Page 1 of 5 Page 259 of 528 12.n) DS2021-119, David.Saunders, Manager Dgvelopment Engineering re: P... The Townships procedure regarding consideration of a P're- ervic ng greem nt is as follows: 1 . Developer submits a request and required fee to the Township that identifies the servicing works to be considered within a Pre-Servicing Agreement. 2. Developer's Engineer is required to provide a detailed summary of the total construction costs for the specific works to be subject in the agreement that are included in Schedule "C" of the Pre-Servicing Agreement once approved by the Township's Manager, Development Engineering. 3. Township staff circulate the request for pre-servicing to internal Township Departments, Engineering Consultants and as required, external agencies. 4. Township staff prepare a draft pre-servicing agreement for review by internal Township Staff, Township's Engineering Consultant and the Developer. 5. Developer to provide a signed Pre-Servicing Agreement letter of credit for 100% of internal pre-servicing works and (if applicable) 110% for external works, and insurance certificate in favour of the Township. 6. Developer to provide the Township Engineering Drawings outlining the proposed works detailed in the Agreement. 7. Developer to provide an Insurance Certificate for $5,000,000.00 Liability with Township as additional insured 8. Staff to prepare the necessary report and By-law to authorize the execution of the pre-servicing agreement once the required documents noted in 5, 6 and 7 above are obtained and submitted to the Township. As the Pre-Servicing Agreement pertains to all Servicing Works, the developer has provided the following to the Township: • Engineering Drawings approved by the Manager, Development Engineering; • Insurance certificate provided with the Township identified as additional insured; • Securities posted in the amount of $8,724,933.97 (including $583,029.15 previously deposited for Earthworks Pre-Servicing as per By-law 2020-058); and • Signed Pre-Servicing Agreement for authorization by Council and execution by Mayor and Clerk On this basis, staff are now in a position to bring forward the by-law authorizing the execution of the Pre-Servicing Agreement. The Developer will continue to work towards the fulfillment of all necessary items required to execute a full Subdivision Agreement and registration of the Plan. Financial / Legal Implications / Risk Management: Securities for the Pre-Servicing are required to reduce the risk to the Township for the completion of these works in the event the development does not proceed to subdivision registration. Pre-Servicing Agreement (Section 1) identifies that the Developer shall assume all risk for completing works prior to final subdivision approval. The Agreement also requires that a Certificate of Insurance in the amount of $5,000,000.00 naming the Township as co-insured be submitted to the Township, which has been received. Development Services August 18, 2021 Report No. DS2021-119 Page 2 of 5 Page 260 of 528 12.n) DS2021-119, David Saunders, Manager, Development Engineering re. P... Policies/Legislation: Planning Act Corporate Strategic Goals: The following Strategic Plan goals are relevant to this item: Balanced Growth, Continuous Improvement and Fiscal Responsibility. Staff is of the opinion that the proposed Pre-Servicing Agreement is consistent with these goals of the Strategic Plan. Consultations: Township Staff The Jones Consulting Group (Township's Engineering Consultants) Gerrits Engineering Limited (Developer's Consulting Engineers) 2150505 ONTARIO INC. - Eagles Rest Estates (Developer) Attachments: Attachment #1 — Location Map Attachment #2 — Draft Plan of Subdivision Conclusion: Based on the approval of the engineering drawings, receipt of the required insurance certificate, fees deposit and submission of the required letter of credit as securities for all of the pre-servicing works, it is staff's recommendation that Council enter into a Pre- Serving Agreement with 2150505 ONTARIO INC. — Eagles Rest Estates. Respectfully submitted: David Saunders, B.E.S., C.E.T. Manager, Development Engineering Approvals: Date: Andria Leigh, Director, Development Services August 10, 2021 Robin Dunn, CAO August 12, 2021 Development Services August 18, 2021 Report No. DS2021-119 Page 3 of 5 Page 261 of 528 12.n) DS2021-119, David Saunders, Maga�q�r, Development Engineering re: P... Attac ment 1 — Locatio ap 1552 BASS LAKE SIDEROAD WEST ORO CONS 3 AND 4 PT LOT 5 RP, 51 R37221 PARTS 3 AND 4 Horseshoe V y m ° `. 6� � x 2 Development Services August 18, 2021 Report No. DS2021-119 Page 4 of 5 Page 262 of 528 12.n) DS2021-119, David Saunders, Manager, Development Engineering re. P Attachment #2 — Draft Plan of Subdivision 1�04 di t n7! N on i w 4- 7 5 z Z 71, S tl j Development Services August 18, 2021 Report No. DS2021-119 Page 5of5 Page 263 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... "Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-120 Council Derek Witlib, Manager, Planning Services Meeting Date: Subject: Motion # August 18, 2021 Zoning By-law Amendment Application 2021-ZBA-09 and Roll #: Consent Applications 2021-B-26, R.M.S. File #: 4346-020-005-04402 B-27 & B-28 by 2353970 Ontario D14-59690 & D10-59669, Inc. 59670 & 59671 81 Moonstone Road East Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-120 be received and adopted; 2. That Zoning By-law Amendment Application 2021-ZBA-09 by 2353970 Ontario Inc. with respect to lands located at 81 Moonstone Road East, be approved to rezone the lands from the Local Commercial (LC) Zone to the Residential One (R1) Zone and Environmental Protection Exception 331 (EP*331) Zone. 3. That the Clerk bring forward the appropriate By-law for Council's consideration. 4. That Council grant provisional consent to Application 2021-B-26 by 2353970 Ontario Inc. to permit the creation of a new residential lot having a lot frontage of approximately 35 metres (115 ft.), a lot depth of approximately 135 metres (443 feet) and an area of approximately 0.47 hectares (1.16 acres), subject to the conditions as outlined in Report No. DS2021-120. 5. The conditions for Application 2021-B-26 areas follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel. b) That the owner enter into a Consent/Development agreement with the Township of Oro-Medonte regarding matters that include financial requirements, municipal water servicing, grading and drainage. c) That the applicant prepare and submit an overall grading and drainage plan, including the identification of a 3 metre wide tree buffer along the westerly property boundary, to the satisfaction of the Township. Development Services August 18, 2021 Report No. DS2021-120 Page 1 of 17 Page 264 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... d) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; e) That all municipal taxes be paid to the Township of Oro-Medonte; f) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted; g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, i) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory one year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. That Council grant provisional consent to Application 2021-B-27 by 2353970 Ontario Inc.to permit the creation of a new residential lot having a lot frontage of approximately 35 metres (115 ft.), a lot depth of approximately 135 metres (443 feet) and an area of approximately 0.47 hectares (1.16 acres), subject to the conditions as outlined in Report No. DS2021-120. 7. The conditions for Application 2021-B-27 areas follows: a) That the applicant obtain approval of Consent Application 2021-B-26 for the creation of a new residential lot; b) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel. c) That the owner enter into a Consent/Development agreement with the Township of Oro-Medonte regarding matters that include financial requirements, municipal water servicing, grading and drainage. d) That the applicant prepare and submit an overall grading and drainage plan, including the identification of a 3 metre wide tree buffer along the westerly property boundary, to the satisfaction of the Township. e) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; f) That all municipal taxes be paid to the Township of Oro-Medonte; Development Services August 18, 2021 Report No. DS2021-120 Page 2 of 17 Page 265 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted; h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, j) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.) WARNING: Failing to fulfil the conditions within the above-noted statutory one year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 8. That Council grant provisional consent to Application 2021-B-28 by 2353970 Ontario Inc.to permit the creation of a new residential lot having a lot frontage of approximately 35 metres (115 ft.), a lot depth of approximately 135 metres (443 feet) and an area of approximately 0.47 hectares (1.16 acres), and a retained parcel having a lot frontage of approximately 47.27 metres (155 ft.), a lot depth of approximately 135 metres (443 feet) and an area of approximately 0.63 hectares (1.56 acres), subject to the conditions as outlined in Report No. DS2021-120. 9. The conditions for Application 2021-B-28 areas follows: a) That the applicant obtain approval of Consent Applications 2021-B-26 and 2021-B-27 for the creation of new residential lots; b) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or vacant retained parcel. c) That the owner enter into a Consent/Development agreement with the Township of Oro-Medonte regarding matters that include financial requirements, municipal water servicing, grading and drainage. d) That the applicant prepare and submit an overall grading and drainage plan, including the identification of a 3 metre wide tree buffer along the westerly property boundary, to the satisfaction of the Township. e) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for reach residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; f) That all municipal taxes be paid to the Township of Oro-Medonte; g) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted; Development Services August 18, 2021 Report No. DS2021-120 Page 3 of 17 Page 266 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent; i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, j) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.) WARNING: Failing to fulfil the conditions within the above-noted statutory one year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 10.And that the applicant be advised of the Council's decision under the Director, Development Services' signature. Background: The subject lands are located on the south side of Moonstone Road East in the Moonstone Rural Settlement Area (see Schedules 1 and 2 for Location Map and Aerial Photo). The lands have an area of 2.08 hectares (5.15 acres) and a lot frontage of 152.4 metres (500 feet). Surrounding land uses consist of low-density residential uses. According to the Planning Justification Report submitted by the applicant's Registered Professional Planner, the lands were used prior to 1992 for retail uses, including a "bargain barn" and a snowmobile dealership, but there have been no uses on the lands since 1992 and there are no longer any buildings present on the lands. The purpose of this report is to consider and make recommendations with respect to the applicant's requests to rezone and sever the lands for a total of four (4) single detached residential lots. The details of the proposed consent applications are provided in the tables below and the applicant's consent sketch is included as Schedule 3 to this report. Consent Application 2021-B-26 (Lot 1) Lands to be Severed: Lands to be Retained: Frontage: Approx. 35 metres (115 ft.) Approx. 117.27 metres (385 ft.) Depth: Approx. 135 metres (443 ft.) Approx. 135 metres (443 ft.) Area: Approx. 0.47 ha (1.16 ac.) Approximately 1.57 ha (3.9 ac.) Use: Future Residential Future Residential Development Services August 18, 2021 Report No. DS2021-120 Page 4 of 17 Page 267 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... Consent Application 2021-B-27 (Lot 2) Lands to be Severed: Lands to be Retained: Frontage: Approx. 35 metres (115 ft.) Approx. 82.27 metres (270 ft.) Depth: Approx. 135 metres (443 ft.) Approx. 135 metres (443 ft.) Area: Approx. 0.47 ha 1.16 ac. Approx. 1.1 ha 2.7 ac. Use: Future Residential Future Residential Consent Application 2021-B-28 (Lot 3) Lands to be Severed: Lands to be Retained: Frontage: Approx. 35 metres (115 ft.) Approx. 47.27 metres (155 ft.) Depth: Approx. 135 metres (443 ft.) Approx. 135 metres (443 ft.) Area: Approx. 0.47 ha 1.16 ac. Approx. 0.63 ha 1.56 ac. Use: Future Residential Future Residential The proposed Zoning By-law Amendment would rezone the lands from a Local Commercial (LC) Zone to a Residential One (R1) Zone and an Environmental Protection Exception 331 (EP*331) Zone, as shown on Schedule 4. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1 .1.3 — Settlement Areas and Section 1 .6.6 Sewage, Water and Stormwater are applicable to this application. 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 PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1 .1 .3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1 .1 .3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form". Section 1 .6.6 Sewage, Water and Stormwater of the PPS contains policies that promote the efficient use and optimizes existing municipal services. Section 1.6.6.5 of the PPS states that partial services (municipal water services and individual on-site sewage services) shall be permitted "within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts". Development Services August 18, 2021 Report No. DS2021-120 Page 5 of 17 Page 268 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... Planning Staff is of the opinion that the proposed development is consistent with the policies of the Provincial Policy Statement as the proposed residential lot(s) are located within a rural settlement area (Moonstone) and are proposed to be serviced by the Medonte Hills municipal water system and private individual septic systems. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Specifically, Section 2.2.1 .2 (b) permits limited growth in rural settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. In this case, the severed and retained lots will be serviced by municipal water and private septic systems. Section 2.2.9, Rural Areas, is also applicable to this application and Planning Staff is of the opinion that the proposed development conforms to the Rural Areas policies as the lands subject to these applications are located within a rural settlement area (Moonstone). County of Simcoe Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Moonstone is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the "Settlements" designation. The objectives of the "Settlements" designation are to: "focus population and employment growth and development within settlements...to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing costs" (p.26). Additionally, Section 3.3 of the County's Official Plan contains "General Development Policies" for lot creation. Specifically, Section 3.3.4 states: "Lots may be created only where they have access to and frontage on a public highway and where an access permit to that highway can be obtained in accordance with the policies of this Plan and the County of Simcoe, the Province of Ontario, or local municipalities." (p. 18). In this case, both the severed and retained parcels would have frontage on Moonstone Road East; a County road on which access/entrance permits may be obtained. In Planning Staff's opinion, the proposed development conforms to these policies as the proposed lots are of a size in keeping with zoning by-law provisions, are located within a rural settlement area, which is already developed, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. As of the preparation of this report, Planning Staff have not received comments from the County. Committee members should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated Rural Settlement Area in the Township's Official Plan. The intent of the Rural Settlement Area designation is: Development Services August 18, 2021 Report No. DS2021-120 Page 6 of 17 Page 269 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... • To maintain and create attractive communities with suitable amenities; and, • To ensure that settlement areas are developed in a logical and cost-effective manner. Permitted uses in the Rural Settlement Area designation include, among others, low density residential uses. As indicated in Section A5.2 — Servicing in Settlement Areas, it is intended that all new development in Moonstone be serviced by municipal water systems and private septic systems in accordance with Section A4 of the Official Plan and that prior to the creation of any new lot in a settlement area that is to be serviced by a private septic system, Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. The subject lands are zoned Local Commercial (LC) and the applicant is proposing to convert the use of the lands to residential. The Official Plan does not contain any policies specific to the consideration of such conversions, nor does the Official Plan identify the subject lands as potentially necessary for serving any future commercial land needs in Moonstone. Planning Staff have considered the analysis contained in applicant's Planning Justification Report, which states that: The conversion of these historically vacant commercial lands to residential uses maintains the intent of the `Rural Settlement Areas' land use designation. Where an objective of this land use designation is to creative attractive communities, the proposed applications will facilitate residential development on long-vacant, commercial lands to support revitalization of the area, thereby lending to a more attractive community. The subject lands have been vacant since 1992, indicating the low demand for local commercial use, particularly in consideration of the size of the parcel for local commercial tenants (2.08 ha) which is considered oversized, and given the financial investment required to accommodate a small scale commercial use to serve the community and surrounding area, including a building and servicing on these vacant lands through site plan control. It is our opinion that commercial uses concentrated at the intersection of Moonstone Road and Line 8 are adequate to service this rural settlement area and the parcel fabric and existing infrastructure (servicing, buildings etc.) are more conducive to potential commercial tenants than a large raw parcel of land. The residential use of these lands maintains the character of the area and contributes to a more attractive community, is compatible with surrounding land uses and represents logical. efficient development. Considering that future growth in Moonstone is not expected to extend beyond the current Settlement Area boundary and the limited vacant, developable lands within the Settlement Area, Planning Staff is of the opinion that the conversion of the subject lands to residential uses will not undermine the ability to provide the residents of Moonstone with appropriate amenities and commercial services. Development Services August 18, 2021 Report No. DS2021-120 Page 7 of 17 Page 270 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... Section C3 — Rural Settlement Areas is silent with respect to the severances in the Moonstone Settlement Area. On this basis, Planning staff must defer to the general "Subdivision of Land" policies contained in Section D2 of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent— General Criteria": D2.2.1 General Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis,- Conforms- The severed and retained lands will have frontage on Moonstone Road East; a County road maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The lands do not have access to a Provincial Highway. The lands front on and would required access from County Road 19 (Moonstone Road East). Although the Township has not yet received any comments from the County of Simcoe, it is the County's policy to grant driveway access to lands within settlement areas. Council should have regard to any County comments that may be received. c) will not cause a traffic hazard; Conforms: Although the Township has not yet received any comments from the County of Simcoe, the portion of County Road 19 in proximity to the lands does not appear to be have any obvious sight-line limitations such as hills or curves. Council should have regard to any County comments that may be received. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Conforms subject to Zoning By-law Amendment: In order to accommodate the proposed single detached residential uses, the applicant has requested that the lands be rezoned to a Residential One (R1) Zone and the proposed lots would comply with the lot area and frontage provisions of the R1 Zone. e) can be serviced with an appropriate water supply and means of sewage disposal; Conforms: Official Plan Section A5.2 — Servicing in Settlement Areas, states that servicing in Moonstone is by municipal water systems and private septic systems in accordance with Section A4 of the Official Plan and that prior to the creation of any new lot in a settlement area that is to be serviced by a private septic system, Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. The proposed lot Development Services August 18, 2021 Report No. DS2021-120 Page 8 of 17 Page 271 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... sizes exceed the Zoning By-law's minimum requirements pose no concerns with respect to their potential to accommodate septic systems. With respect to water servicing, the applications proposed individual private wells. However, following receipt of comments from Environmental Services Staff, the applicant has agreed connect the proposed lots to the Moonstone municipal water system. Schedule 5 illustrates the locations of existing watermains (shown in blue) in proximity to the subject lands. In order to implement the water connections and establish the developer's cost responsibilities, Planning Staff have recommended a Consent/Development Agreement as a condition of Consent. f) will not have a negative impact on the drainage patterns in the area,- Conforms- The Township's Manager of Development Engineering has attended the site and is generally satisfied that the severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The Manager of Development Engineering has recommended that the applicant prepare and submit for a review an overall lot grading and drainage plan as a condition of consent. The proposed dwellings on the severed and retained lands would be subject to an Engineered Lot Grading Plan as part of any future Building Permit submission. g) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- As proposed, the lands to be retained and severed would not restrict the development of any other lands. h) will not have a negative impact on the features and functions of any ecological feature in the area, Conforms: No natural heritage concerns have been identified in the review of these applications, however a hazard concern was identified by the Nottawasaga Valley Conservation Authority (NVCA). Through the Pre-Consultation process that preceded these applications, the NVCA identified that a portion of the south-east corner of the property is within the hazard limit of a tributary of the Coldwater River and NVCA advised of their concurrence with the applicant rezoning the hazard limit area to an EP Zone. Although the Township has not yet received any comments from the NVCA in response to the circulation of these applications, the applicant's proposed EP Zone is consistent with the information that was reviewed and accepted by the NVCA during the Pre-Consultation process. Council should have regard to any NVCA comments that may be received. The westerly of the lands is treed and although the treed area has not been identified as having any natural heritage significance, the applicant has advised that a 3 metre wide treed buffer will be preserved along the west boundary of the lands in order to provide a visual buffer to the existing residential uses to the west. The maintenance of the tree buffer would be consistent with the Township's Protection and Enhancement of Tree Canopy and Natural Vegetation Policy (2019) and would be implemented through the identification of the tree buffer Development Services August 18, 2021 Report No. DS2021-120 Page 9 of 17 Page 272 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... on the overall lot grading and drainage plan that the applicant would be required to submit to the Township. i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- No groundwater concerns have been identified by the Township and agencies in their review of this application. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Planning Staff's opinion that the applications conform. On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Township of Oro-Medonte Zoning By-law 97-95 The subject lands are zoned Local Commercial (LC) which appears to reflect the historic use of the lands rather than a planned function. In order to accommodate the proposed single detached residential uses, the applicant has requested that the lands be rezoned to a Residential One (R1) Zone. The permitted uses of the R1 Zone are: single detached dwellings, semi-detached dwellings, home occupations, private home day care and residential care home. The minimum lot size requirements for singled detached residential uses in the R1 Zone are a minimum frontage of 30 metres (98 feet) and a minimum lot area of 0.2 hectares (0.49 acres). The applicant is proposing to divide the subject lands into a total of four (4) lots (3 severed lots and 1 retained lot). The proposed severed lots would have frontage of 35 metres (115 feet) and lot areas of 0.47 hectares (1.16 acres) and the retained parcel would have a frontage of 47.27 metres (155 feet) and a lot area of 0.63 hectares (1.56 acres). These dimensions would exceed the minimum requirements of the Zoning By-law. The applicant is proposing that the lots be used for single detached residential purposes, consistent with the uses of the other lots in the area. An Environmental Protection Exception 331 (EP*331) Zone is also proposed in the south-east corner of the subject lands in order to prohibit development within that portion of the lands that could be subject to flooding or erosion risks associated with a tributary of the Coldwater River. The proposed zone would cover the extent of the hazard risk and, therefore, the purpose of the Exception 331 would be to waive the Zoning By-law's requirement for an additional 30 metre setback from an EP Zone. Development Services August 18, 2021 Report No. DS2021-120 Page 10 of 17 Page 273 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meets the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that these applications, are consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: Department/Agency Comments: • Development Engineering Division: No Objection. An overall grading and drainage plan shall be developed as a Condition of the Consent Approval and individual Engineered Lot Grading Plans for each of the above noted Lots (conforming with the overall plan) shall be included with Building Permit Application(s). • Environmental Services: Municipal drinking water servicing is the preferred method given proximity to the Medonte Hills Drinking Water System. The existing watermains on either side of the subject property would need to be joined/increased in size. • Bell Canada: No concerns. Development Services August 18, 2021 Report No. DS2021-120 Page 11 of 17 Page 274 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re: Zoning By... Public Comments: • As of the preparation of this report, two (2) items of correspondence have been received from members of the public. One letter expressed support for the applications and the other letter from the owner of a neighbouring property to the west requested that the protection of trees between the properties be included as a condition of Consent. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule I Applicant's Consent Sketch Schedule 4: Proposed Zoning Schedule 5: Existing Water Servicing Conclusion: Based on Planning Staff's analysis of this application, it is Staff's recommendation that Zoning By-law Amendment 2021-ZBA-09, Consent Application 2021-B-26, Consent Application 2021- B-27 and Consent Application 2021-B-28 be approved, on the basis that the applications are consistent with the Provincial Policy Statement, conform to the Growth Plan, conform to the Official Plans for the County of Simcoe and the Township of Oro-Medonte, comply with the criteria in Section 51(24) of the Planning Act and represent good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date: Andria Leigh, Director Development Services August 12, 2021 Robin Dunn, CAO August 12, 2021 Development Services August 18, 2021 Report No. DS2021-120 Page 12 of 17 Page 275 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re- Zoning By... 11-1•Rd7 nen en]Rd. Horse o-Val i ey d id-Barrie-Rd. m 62 94 d 98 102 'Ridge n°a 72 90 Moonstone Rd. E. 13 26 28 30 42 44 40 11 81 38 9 17 19 a) 7 36 c 47 8 a) 13 5 34 11 6 3 24 26 28 30 32 45 9 4 5 22 3 7 Sachly Ave. 12 35 51 5 3 40. 23 27 29 31 n 1 21 48 fa � 49 P 19 4 2 �'r�s 17 46 46 47 Schedule 1 Location �o�shi��.?f��C1f�tP,t ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2021-ZBA-0912021-B-26127128 N 1 1 1 1 1 Development Services August 18, 2021 Report No. DS2021-120 Page 13 of 17 Page 276 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re- Zoning By... •�-}Vas •Rd7 —II4....t..I7Rd. 1 Horse mYal ey Qld•BarrieAd., ad V Moonstond R-VE �Aid9e Ao �-, i - .. W T ,WJ s o-h 4 Schedule 2 Aerial Photo Township of �[.�/ Subject Lands Proud Heritage,Exciting Future 0 50 m File Number:2021-ZBA-09r2021-B-2627'28 ti I i i i i Development Services August 18, 2021 Report No. DS2021-120 Page 14 of 17 Page 277 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re. Zoning By Schedule 3: Applicant's Consent Sketch 4 w I _W" - IL (pQ Cf . ..... -(0 0� U5 *% 0 00 0 10% 0 RESIDENTIAL ONE(111)ZONE: Retained Lot P—M.- RkdProvitletl A—min, 2�—-- -g,("'.) 4- 7 5H, >7 5m 0 1—H.,side yard(,.inj 25- >2- 'PSI dear Yat 7 DCm .T Cm klihm—First Surrey Floor w Dcm, >0, Hea H.,,N.M.in Bldg. `1-- RESIDENTIAL ONE(Rl)ZONE:Severed Lots 1-3 4.713.05m 32.w W.M. F—,Yd(min.) — 1,53m 25Cm 12 F- 7-0 m >7.0. Nea PROPOSED CONCEPT PLAN 81 MOONSTONE ROAD EAST, ORO-MEDONTE Development Services August 18, 2021 Report No. DS2021-120 Page 15 of 17 Page 278 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re. Zoning By... Schedule 4: Proposed Zoning 94 62 72 98 102 90 Moonstone Rd. E. 28 30 13 42 44 40 11 Brechin Cres. a1 38 9 19 L 0 .Y+ a 7 30m 36 = 47 G 8 � 5 90m 34 6 3 24 26 28 30 32 45 4 22 EQD 53 ,y 7 Bachly Ave. �y n 5 3 12 27 29 31 35 N 51 23 From Local Commercial (LC) Zone To Residential One Holding (R1(H))Zone From Local Commercial (LC) Zone To Environmental Protection Exception 331 (EP*331)Zone Development Services August 18, 2021 Report No. DS2021-120 Page 16 of 17 Page 279 of 528 12.o) DS2021-120, Derek Witlib, Manager, Planning Services re- Zoning By... Schedule 5: Existing Water Servicing � z LA IN • i i,- a r ✓iSp �a - y JIIJR 1' l� �} \ a ��� x775 �v amp Development Services August 18, 2021 Report No. DS2021-120 Page 17 of 17 Page 280 of 528 12.p) DS2021-121 , Andria Leigh, Director, Development Services; and Andy... township o}- Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-121 Council Andria Leigh, Director, Development Services Andy Karaiskakis, Senior Planner Meeting Date: Subject: Motion # August 18, 2021 Official Plan Review and Comprehensive Zoning By-law Roll #: Status Update R.M.S. File #: D09 42003 Recommendation Requires Action For Information Only It is recommended that: 1 . That Report DS2021-121 be received and adopted; 2. That staff proceed with the project re-launch in accordance with the revised OPR and Zoning By-law Update Schedule; and 3. That staff proceed with recruitment of the required contract resource to assist Township staff in the completion of the Official Plan Review and Zoning By-law Review projects for 2021-2022. Background/Analysis: As Council will recall, in December 2016 the Township commenced the Official Plan Review (OPR) and Comprehensive Zoning By-law Update with the assistance of Skelton Brumwell and Associates Inc. in order to update both documents that were originally adopted in 1997. Since that time the planning world has changed significantly and there have also been a number of significant changes to planning policy at the Provincial and County levels including: release of two (2) new Growth Plans (July 1 , 2017 and May 16, 2019), Amendment 1 to the Growth Plan (August 28, 2020) and a new Provincial Policy Statement (May 1 , 2020), and a new County of Simcoe Official Plan in 2008. Each of these policy amendments would require a review and update to the Township's Official Plan and have impacted the Township's anticipated work plan and timing. Development Services August 18, 2021 Report No. DS2021-121 Pagel of 8 Page 281 of 528 12.op� DN021-121 , Andria Leigh, Director, Development Services; and Andy... The scope the o consist of a conformity exercise to update the current Township Official Plan policies to address Provincial and County policies, including: • applying the County's population and employment forecasts to 2031; • applying the currently approved alternative density and intensification targets; • generally updating the Township's land use, servicing, and transportation policies; • developing a settlement area hierarchy at the lower-tier level to inform the County's upper-tier settlement area hierarchy; and, • specifically bringing the Township Official Plan into conformity with the County of Simcoe Official Plan, the Provincial Policy Statement (2020), the Province's Growth Plan for the Greater Golden Horseshoe (2020), the Lake Simcoe Protection Plan, and the South Georgian Bay Lake Simcoe Region Source Water Protection Plan. The Ministry of Municipal Affairs and Housing has established a deadline of July 1, 2022 for municipalities to update their Official Plans to achieve conformity with the Growth Plan. This Provincially legislated requirement would be satisfied through the completion of the OP Review. Council at their meeting on October 14, 2020 received and adopted Staff Report DS2020-086 which provided Council with a status update on the OP Review and the Comprehensive Zoning By-law. At that time, Council directed Staff to include land use policies in the new OP and zoning standards in the new Zoning By-law to guide development in the Horseshoe Valley settlement area similar to those found in the current OP, without the requirement of preparing a new Secondary Plan for the Horseshoe Valley settlement area. Incorporating the land use policies and zoning standards into these new policy documents without the need to complete a new Secondary Plan, did not require a change to the original approved budget for the OP Review. The Growth Plan has a number of implications on the Official Plan review process including the changes to the definition of Municipal Comprehensive Review (MCR) which can now only be completed by the upper tier authority (County of Simcoe) and applies to specific policies (growth management, settlement boundary expansions, employment area conversions). As discussed in more detail below, the County of Simcoe has commenced this MCR process, the implications on the Township OP Review are discussed further below. The County of Simcoe has already commenced the Municipal Comprehensive Review (MCR) process to bring its Official Plan into conformity with the Province's Growth Plan. The County has worked with the Township to collect necessary information for its MCR process, as well as engaging other lower-tier municipalities, the public, other Development Services August 18, 2021 Report No. DS2021-121 Page 2 of 8 Page 282 of 528 12.�p) DS2021-121 , Andria Le� l,, Director, Develo�m nt Serv� es; and Andy... stakeholde s, and First Nations. It has be n identi ied by County tafthat the ounty MCR is targeted to be completed by July 1 , 2022. The MCR will include review of all of the following: • Watershed plans • Settlement Area Hierarchy criteria • Employment Strategy • Sewer and water servicing analysis and assimilative capacity analysis • Financial consideration and scenario testing • Intensification strategy • Setting Designated Greenfield Area targets across the County • Land needs assessment • Agricultural system and Natural Heritage system mapping (prepared by the Province) • Housing Strategy • Climate Change Strategy Given the scope of work being completed through the County MCR, it is expected that the Township may be required to complete an additional Official plan update within one (1) year of the County's MCR update, and therefore the Township could have delayed the entire OP Review project until the completion of the County MCR. However as noted above given the age of the Township Official Plan (OP), there are many elements of the Township's OP that can be reviewed and addressed at this time without needing to wait for the completion of the County MCR and this is the process that has been endorsed by Council and is currently underway by the Township. The MCR schedule and limitations in the Growth Pan as to what changes can occur in advance of the MCR, particularly as it relates to growth management issues, may impose some restriction on the scope of the Township's Official Plan until the MCR is implemented. Specifically, no expansions to settlement areas except in conformity with County criteria, limited consideration of conversions of employment areas, and no major new development should be considered as part of the Township's Official Plan Review. In addition to the County of Simcoe MCR, as noted in Staff Report DS2021-051, the City of Orillia has undertaken a Land Needs Assessment and concluded that the City needs 381 hectares of additional lands to accommodate growth to 2015 (for Community Area and Employment Area). The City has now retained a consultant to undertake a Technical Land Evaluation for Settlement Boundary Expansion that will result in the City considering options for the expansion of the City boundaries and could lead to annexation considerations in Oro-Medonte, Severn, or Ramara. These consideration will have an impact of the Official Plan for the Township; however given the early stage of the City's projects it is premature to fully understand any potential impacts on the Official Plan review. Development Services August 18, 2021 Report No. DS2021-121 Page 3 of 8 Page 283 of 528 12. DS2021-121 Andria Lei eqld Director, D velopment Services; and And .. Since projecc initiation in 201 there have f'Seen a number o dela s to the project Y timelines for a variety of reasons, Township Staff and Skelton Brumwell have updated the project work plan and timelines on several occasions in order to proceed forward with the OP Review and Comprehensive Zoning By-law Update. As Council is aware, the OP Review is a multi-stepped process involving several independent but interrelated components. Skelton Brumwell had been working with Township staff on a draft Official Plan that could be presented at an Open House this fall; unfortunately Township staff based on a number of factors made the decision to terminate the contract with Skelton Brumwell for the completion of the project and instead look to complete the require review and update to both the Official Plan and Zoning By-law in house using Township staff resources. Based on the termination of the contract with Skelton Brumwell, Township staff have updated the project work plan and timelines in order to proceed forward at this time with the OP Review. It should be noted that this timeline is for completion initially of the Official Plan with the intent to immediately follow up with the completion of the Zoning By-law Review to commence immediately following Council's adoption of the Official Plan in the Spring of 2022. The Planning Act establishes specific requirements in the preparation and adoption of the Official Plan including: • At least one public meeting (statutory public meeting) with notice to be provided 20 days prior to the meeting • Approval authority (being the County of Simcoe) to be consulted and given the opportunity to review all supporting information and materials • Adequate information, including the proposed Plan, is to be made available to the public in advance of the statutory public meeting • Individuals or public bodies can provide written comments and/or speak at the public meeting about the proposed Plan • The Township must engage with Indigenous communities and may consult with agencies, boards, or authorities before making a decision • Upon Council's adoption of the Official plan, it is submitted to the County of Simcoe to review and make a decision to approved, approved as modified, or refuse to approval all or part of the Official plan and provide Notice of their decision The timeline outlined below meets or exceeds all of the requirements of the Planning Act. Below is the outline of the updated work plan and timeline: Development Services August 18, 2021 Report No. DS2021-121 Page 4 of 8 Page 284 of 528 12.p) DS2021-121 , Andria Leigh, Director, Development Services, and Andy... Official Plan Review: Official Plan Re-Launch Finalize OP Website Prepare Draft •• Public Meeting/Council AFF • AUG 20211 • April 2022 Re-Launch I Website (September 2021) New website to go live September 2021 Announce Statutory Open House to be held in early-November 2021 Finalizing the draft Official Plan (OP) document for review/public input (mid- August 2021 — end-October 2021) Policy (Fall 2021) Draft OP for Staff and Council Review (Sept — Nov) Education/Consultation Meeting with Internal Departments —What is an Official Plan and Department input for policy development Post draft OP online ahead of Open House and circulate to Agencies for review (Nov — Dec) Refine draft OP document Finalize Official Plan I Public Meeting/Council (mid-April 2022) Finalize OP ready for early April 2022 Public Meeting on finalized OP document mid-April 2022 Council adoption of OP mid-end April 2022 Circulation of Adopted document to County of Simcoe as Approval Authority May 2022 Zoning By-law Review: Zoning By-law Research Finalize ZBL . . Meeting/Council mid MAY 2022 early J U LY 2022 - • SEPT 2022 Launch I Website (mid-May 2022) website to go live mid-May 2022 Announce Open House to be held in end-June 2022 Finalizing the draft Zoning By-law document for review/public input (from mid- May 2022 — end-August 2022) Policy (early-July 2022) Draft Zoning By-law for Staff and Council Review (July — August) Refine draft ZBL document Finalize Zoning By-law I Public Meeting/Council (end-September 2022) Finalize ZBL ready for early September 2022 Public Meeting on finalized ZBL document end-September 2022 Council adoption of ZBL end-September— early October 2022 Development Services August 18, 2021 Report No. DS2021-121 Page 5 of 8 Page 285 of 528 12.p) DS2021-121 , Andria Leigh, Director, Development Services, and Andy... As noted above, it is staff's intent to continue forward and complete these projects utilizing primarily in house resources. In order to proceed forward, the Senior Planner will transition from their current role to the Project Lead to complete the OP Review and the Zoning By-law Review as outlined in the updated timeline. The files currently assigned to the Senior Planner will be reallocated to Planning Staff or concluded based on their current status however they will continue with their supervisory duties. The GIS Technician has been involved with the OP Review and working with staff and the consultant from the beginning and will continue to play an important role in completing the OP "in-house" through the preparation of the appropriate land use schedules to accompany the OP (i.e. land use, natural features). The GIS Technician has also been comparing the natural heritage systems found in the current Township and County OP's, and in the Growth Plan, and also analyzing the agricultural systems found in the current Township and County OP's, and in the Growth Plan. Comparing and analyzing this dataset will play an important role in creating the new OP land use schedule. Based on the original OPR project approved through the Request For Proposal (RFP) awarded to Skelton Brumwell, the approved budget to complete the project was $172,718.00. To date, the total expenses paid to Skelton Brumwell are in the amount of $102,076.22 culminating in a draft document that will be utilized by staff as a go forward; there are however outstanding invoices to be received from the consultant to close off their file. As the OP Review will now be completed in-house by Staff, staff salary costs will not impact the original budget approval. While staff are prepared to take on this major project and ensure its conclusion as outlined by the Ministry timing for 2022; the re- allocation of the Senior Planner's files and the inability for additional files to be assigned to the Senior Planner for a period of 12-16 months will result in additional file load on the balance of the Planning team. In order to ensure a successful conclusion to the project within the required timelines and given the overall planning staff workload, it is being recommended that additional technical/administrative support for this project in the form of a student planner/researcher is required for the term of these projects being approximately 12-16 months until the completion of both the OP Review and the Zoning By-law Review by the end of 2022. This planning student will assist the Senior Planner and other staff in drafting website updates, collating new comment submissions, tracking, organizing and compiling written submissions from residents/proponents received to date, performing various project coordination tasks, file management and project progress work, utilizing relevant software programs to prepare exhibits, presentations, notices and to perform due diligence and research to assist Staff in the preparation and presentation of the new OP and Zoning By-law. Development Services August 18, 2021 Report No. DS2021-121 Page 6 of 8 Page 286 of 528 Andy... Financial / n Legal Implications / Risk Maagement: In the 2017 budget, Council approved a total budget allocation of $ 150,265 that was to be funded from the Development Charges Reserve ($ 37,567) and from the Budget Contingency Reserve ($112,698). Based on the updated DC Background Study completed in 2019, the amount available to be funded from the DC Reserve increased to $112,500. In consultation with the Chief Financial Officer/Treasurer, the project has always been intended to be funded through a combination of the DC Reserve and Budget Contingency Reserve. Based on the 2019 DC Background Study additional funds from the DC reserve can be allocated to the project. $ 112,500 was identified for this project to be funded from the DC reserve and an additional $ 112,698 was identified as the Budget Contingency reserve allocation. Recognizing the total of these two amounts would exceed the original project allocation it has been confirmed with the Treasurer that more than the remaining $ 70,641 can be utilized for the required Contract Staff Resources required from the balance of through 2021 to the end of 2022 without an impact on the Planning Division Budget, through the additional draw from the DC reserve. Policies/Legislation: Planning Act, R.S.O. 1990, c. P.13 Provincial Policy Statement 2020 Growth Plan 2020 County and Township Official Plans Corporate Strategic Goals: Continuous Improvement and Fiscal Responsibility Enhanced Communications & Customer Service Balanced Growth Inclusive, Healthy Community Consultations: Chief Administrative Officer Chief Financial Officer / Treasurer Manager, Planning Services Coordinator, Economic Development/Communications Attachments: None Development Services August 18, 2021 Report No. DS2021-121 Page 7 of 8 Page 287 of 528 12.p) DS2021-121 , Andria Leigh, Director, Development Services, and Andy... Conclusion: Staff have continued to work on the background materials, the update to the draft policies, and the re-launch of this project at the end of August/early September. Further, staff will be working at ensuring the comprehensive review/update process is completed within the identified timelines outlined by the Province and within this term of this Council. In order to proceed forward with the in house project completion, contracted resources will be required to ensure the timelines outlined above can be achieved. Through consultants with the Treasurer staff have confirmed the financial resources are available for contracted resources for the balance of 2021 and 2022 to be offset from the DC reserve and Budget Contingency reserve in accordance with the original approval from Council. Respectfully submitted: Andria Leigh, Director, Development Services Andy Karaiskakis, Senior Planner Approvals: Date: Robin Dunn, CAO August 13, 2021 Development Services August 18, 2021 Report No. DS2021-121 Page 8 of 8 Page 288 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... lownship of R 0 Report Proud Heritage, Exciting Future Report No. To: Council Prepared By: CS2021-20 Yvonne Aubichon Janette Teeter Sheila Spring Meeting Date: Subject: Strategy Motion # August 18, 2021 Development for Digitalization of Records and Information Roll #: Management Program Award R.M.S. File #: - RFP # CS2021-03 Recommendation(s): Requires Action For Information Only It is recommended 1 . That Report CS2021-20 be received and adopted. 2. That the Request for Proposal (RFP) CS2021-03 — Strategy Development for Digitalization of Records and Information Management Program be awarded to Still Waters Consulting Inc. in the amount of $25,400.00. plus HST; 3. That staff be authorized to execute the necessary contract; and 4. That the proponents be advised of Council's decision under the Clerk's signature. Background: The purpose of this report is with respect to a Council decision for an award to RFP # CS2021-03, Strategy Development for Digitalization of Records and Information Management Program (attached as Appendix A). In 2019, the Ford government launched the Municipal Modernization Program (MMP) to help small and rural municipalities to modernize service delivery and find ways to be more efficient and effective. The impacts of COVID-19 have made this work more important than ever. As noted in Minister Clarks correspondence, dated June 30, 2021, the projects selected for funding, under the second intake of the MMP, were intended to further support the Township's efforts to implement efficiencies, with a focus on digital modernization, service integration, streamlining development approvals and alternative service delivery. As identified by Blackline Consulting, in their Service Level Review and presented to Council on January 27, 2021 , staff were directed to prioritize the recommendations/ opportunities for further consideration during the 2021-2022 budget process and alignment with the Strategic Plan Update; this included digital improvements to our Corporate Services August 18, 2021 Report No. CS2021-20 Pagel of 4 Page 289 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Records Management Program. The 2021-2022 budget approved by Council in February 2021 included the necessary allocation for the Records Digitization Project. Accordingly, an RFP was undertaken for consulting services for a Strategy Development for Digitalization of Records and Information Management Program in accordance with the Township's Purchasing & Tendering Procedures By-Law. The RFP was drafted by Corporate Services staff. The Township of Oro-Medonte was successful, in its application for funding under the second phase of the MMP, for an independent third-party to develop a strategy for the municipality, with specific and potential actionable recommendations for cost-savings and efficiencies with respect to an Electronic Records Management Program. The related RFP was posted on the Township's website and Biddingo.com on July 15, 2021 . Biddingo.com is an online Government Contract portal that connects suppliers from across Canada who provide goods and services to buyers from the Provincial, Municipal, Education, Crown Corporation, Housing, Construction and Healthcare sectors. As background, the Clerks Division is responsible for providing and managing an effective and efficient records and information management program for the Township of Oro-Medonte in compliance with legislative, regulatory, legal, security and audit requirements. The Records Management Clerk is responsible for the following Records Information Management (RIM) Functions: - Active file management; - Electronic document management; - Retention Schedule management; - Municipal Freedom of Information and Protection Privacy Act management; - RIM Policies and procedures; - User support and training The Township departments are responsible for the maintenance and management of their records with the guidance and assistance of the Records Management Clerk. Analysis: Three (3) firms, with varying experience, responded to the RFP by the July 28, 2021 12:00 p.m. Noon deadline. The three (3) proposals were submitted electronically and a return email from staff confirmed that they were received. The proposals were assessed to ensure all mandatory requirements had been met. The Evaluation Committee, who consisted of Donna Hewitt, Janette Teeter and Sheila Spring, evaluated and ranked the three proposals, based upon the criteria included in the proposal and noted as follows. Corporate Services August 18, 2021 Report No. CS2021-20 Page 2 of 4 Page 290 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Item Evaluation Criteria Points 1 Quality and Completeness of Proposal 15 2 Company Background and Relevant Experience 20 3 Budget 20 4 Work Plan, Methodologies and Timelines 30 5 Personnel Summary 5 6 Client References 10 Total available points 100 The three proponents were: Proponent Proposal Budget (exclusive of HST) Still Waters Consulting Inc. $25,400.00 RICOH Canada Inc. $29,450.00 Toshiba Tec Canada Business Solutions Inc. TBD Based upon the analysis and evaluation of each proposal, a Zoom interview was conducted with one proponent and Corporate Services' staff and the Manager, Information Technology. Still Waters Consulting Inc. provided a fulsome proposal and indicated their focus is solely on Records and Information Management. Still Waters Consulting Inc. has indicated they work with clients of all kinds and sizes ranging from very large (100K + employees) to small organizations (20 employees) including numerous municipalities. Staff completed reference checks to verify the experience of Still Waters Consulting Inc. regarding the type of applicable work undertaken and to gain insight into their working relationship with other municipalities. Based on the detailed submission, interview and reference checks, it was determined that their proposal best meets the requirements of the Township. It is recommended that Still Waters Consulting Inc. be awarded the Strategy Development for Digitalization of Records and Information Management Program. The project will commence immediately upon Council's approval of the contract award. Financial / Legal Implications / Risk Management: The Ministry of Municipal Affairs and Housing through the Municipal Modernization Program will fund up to $60,000 towards the completion of a: • Township of Oro-Medonte Electronic Records Management Program Review. All funding is for the cost of an independent third-party reviewer to deliver a final report, to the Province, with specific and actionable recommendations for cost-savings and efficiencies by November 30, 2021 . Policies/Legislation: Municipal Modernization Program (MMP). Purchasing and Tendering Procedures By-Law. Corporate Services August 18, 2021 Report No. CS2021-20 Page 3 of 4 Page 291 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Corporate Strategic Goals: • Continuous Improvement & Fiscal Responsibility • Enhanced Communications & Customer Service Consultations: • Evaluation Committee • Reference Checks • Chief Financial Officer/Treasurer Attachments: • Appendix A — Request for Proposal RFP # CS2021-03: Strategy Development for Digitalization of Records and Information Management Program. Conclusion: The Township of Oro-Medonte is looking to develop an information management strategy that will transition the Township towards digitizing and enhancing the Township's Records Management Program that adheres to the Generally Accepted Recordkeeping Principles. As specified earlier, the impacts of COVID-19 have made this work more important than ever. The award of the RFP to Still Waters Consulting Inc. will secure a firm to provide the Township with a comprehensive assessment of the Township's current RIM program and practices, identification of challenges gaps and opportunities relative to the Township requirements, an overall strategy for the enhancement, modernization and digitization of the Township's RIM program, recommendations and a phased roadmap of resourcing. Respectfully submitted: Yvonne Aubichon, Clerk; Janette Teeter, Deputy Clerk; and Sheila Spring, Records Management Clerk Approvals: Date Donna Hewitt, Director Corporate Services August 10, 2021 Robin Dunn, CAO August 12, 2021 Corporate Services August 18, 2021 Report No. CS2021-20 Page 4 of 4 Page 292 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Appendix A to CS2021-20 Township of Proud Heritage, Exc.-ithkr Future The Corporation of the Township Oro-Medonte Request for Proposal RFP # CS 2021-03 Sealed Proposals, clearly marked as to contents, will be received by Corporate Services, 148 Line 7 South, Oro-Medonte, Ontario, LOL 2EO, no later than July 28, 2021 at 12 noon local time. Late proposals will not be accepted. Requirements for: Strategy Development for Digitalization of Records and Information Management Program. All proposals are subject to the terms and conditions of the Request for Proposal, the accompanying specifications, and all other contract provisions or data that is incorporated. If further information is required, contact: Corporate Services; Sheila Spring, Records Management Clerk, (ssprinq(o-)-oro- medonte.ca) or Janette Teeter, Deputy Clerk, (jteeter@oro-medonte.ca), The Corporation of the Township of Oro-Medonte reserves the right to accept or reject all or part of any proposal, and to accept the proposal that is in the best interest of the owner. Page 1 of 70 Page 293 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Contents Definitions .......................................................................................................................7 Part I Project Terms of Reference.......................................................................... 11 1. Introduction .................................................................................................... 11 2. Background.................................................................................................... 11 3. Scope of Project............................................................................................. 12 4. Timeframe of Project...................................................................................... 15 5. Project Requirements and Deliverables......................................................... 16 a. Requirements................................................................................................. 16 b. Deliverables ................................................................................................... 16 7. Content of Proposals............................................................................................... 17 Part 11 Instructions to Proponents ............................................................................. 19 1. Delivery of Proposals ..................................................................................... 19 2. Electronic Submissions.................................................................................. 19 3. Competition Intended.....................................................................................20 4. Inquiries ......................................................................................................... 20 5. Addendum/Addenda ...................................................................................... 20 6. Site Meeting ................................................................................................... 21 7. Mandatory Proposal Requirements................................................................ 21 8. Checking of Proposals ................................................................................... 21 9. Late Submission............................................................................................. 22 10. Proposal Opening .......................................................................................... 22 11. Amendment of Proposals............................................................................... 22 12. Right to Accept or Reject Proposal ................................................................ 23 13. Proposal Evaluation ....................................................................................... 23 Page 294 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 14. Evaluation Criteria.......................................................................................... 23 15. Negotiations................................................................................................... 25 16. Presentation & Interview ................................................................................ 25 17. Award Determination...................................................................................... 25 18. Execution of Award ........................................................................................ 26 19. Order of Precedence...................................................................................... 27 20. Alternative Dispute Resolution. ...................................................................... 27 21 . Contract Additions & Deletions ...................................................................... 28 22. Proponent Qualifications................................................................................ 28 23. Proponent's Statement of Understanding....................................................... 28 24. Term of Contract ............................................................................................ 28 25. Irrevocability of Proposals.............................................................................. 28 26. Errors and Omissions..................................................................................... 29 27. Proponents Expenses.................................................................................... 29 28. Changes to Proposal Wording ....................................................................... 29 29. Price Components.......................................................................................... 29 30. Freedom of Information.................................................................................. 29 31 . Bribery/Fraud ................................................................................................. 30 32. Cancellation ................................................................................................... 30 33. Insurance ....................................................................................................... 30 34. Workplace Safety and Insurance Board (WSIB) ............................................ 31 35. Regulation Compliance and Legislation......................................................... 32 36. Laws of Ontario.............................................................................................. 32 37. Indemnification............................................................................................... 32 38. Force Majeure................................................................................................ 32 39. Severability .................................................................................................... 33 Page 295 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 40. Termination of Contract.................................................................................. 33 41. Termination by Notice .................................................................................... 33 42. Termination for Cause.................................................................................... 33 43. Suspension of Work....................................................................................... 34 44. Suspension in Future ..................................................................................... 34 45. Failure to Comply with Owner Decisions........................................................ 34 46. Evaluation of Performance............................................................................. 35 47. Time is of the Essence................................................................................... 35 48. Safety Standards............................................................................................ 35 49. Non-Waiver.................................................................................................... 36 50. Non-Assignment ............................................................................................ 36 51. Emergency Telephone Number ..................................................................... 36 52. Personal Property Security Act ...................................................................... 36 53. Confidentiality of Information.......................................................................... 36 54. Conflicts of Interest ........................................................................................ 37 55. Township Not Employer................................................................................. 38 56. Purchasing and Tendering Procedures By-Law 2004-112, By-Law 2012-216 38 57. Working Language......................................................................................... 39 58. Intellectual Property ....................................................................................... 39 59. Accessibility ................................................................................................... 39 60. Township of Oro-Medonte Payment Terms.................................................... 40 Part III Form of Proposal............................................................................................ 41 ScheduleI — Budget...................................................................................................... 47 Schedule II - List of References .................................................................................... 48 PartIV Agreement......................................................................................................... 50 PartV Appendices........................................................................................................ 57 Page 296 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Accessibility for Ontarians with Disabilities (AODA) .................................................... 59 Contract Change Order Sample.................................................................................. 61 Instructions for Use for Change Orders (if applicable)................................................... 62 Proposal Irregularities ................................................................................................. 64 AppendixA................................................................................................67 AppendixB................................................................................................69 AppendixC................................................................................................71 Page 297 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... [Intentionally Left Blank] Page 298 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Definitions The following definitions apply to the interpretation of the Request for Proposal and Contract Documents; 1. "Addenda or Addendum" means any additions, deletions, modifications or other changes to the Contract Document and all corresponding Schedules and Appendices. 2. "Authority" means any government authority, agency, body or department, whether federal, provincial or municipal, having claiming jurisdiction over the Contract; and "Authorities" means all such authorities, agencies, bodies and departments. 3. "Business Day" means any day from Monday through Friday between the hours of 8.30 am and 4.30 pm, excluding statutory holidays observed by The Township of Oro-Medonte. 4. "Calendar Day" means Monday through Sunday inclusive, but excluding any recognized statutory holiday. 5. "Closing Date" means the date and time specified in Instructions to Proponents, by which all Proposals shall be received and stamped by the Owner. 6. "Conflict of Interest" has the meaning that if there is an actual or potential Conflict of Interest in preparing its Proposal, and/or the Proponent(s) foresees an actual or potential Conflict of Interest in performing the works required under the Contract. 7. "Consultants Intellectual Property" means Intellectual Property owned by the Consultant prior to its performance under the Contract or created by the Consultant during the Term of the Contract independently of the performance of its obligations under the Contract. 8. "Contract" means the agreement in writing governing the defined Work, which has been executed by the Owner and the Successful Proponent following acceptance by the Owner of the Successful Proponent's submission and subsequent signed agreement. 9. "Contract Documents" means a form of agreement, together with the Standard Conditions, Specifications, Schedules and Appendices, if any, which constitute the entire understanding between the Township and a Proponent submitting a Proposal regarding the Work. 10. "Council" means the elected Council for the Township of Oro-Medonte. 11. "Deliverables" means everything developed for or provided to the Owner in the Page 299 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... course of performing under the Contract or agreed to be provided to the Owner under the Contract by the Consultant or its directors, officers, employees, agents, partners, affiliates, volunteers or subcontractors, as further defined, but not limited by, Schedule 1 , including but not limited to any goods or services or any and all Intellectual Property and any and all concepts, techniques, ideas, information, documentation and other materials, however recorded, developed or provided; 12. "EDRMS" means Electronic Document and Records Management System 13. "Finance Department" means the Chief Financial Officer/Treasurer or his/her designate working within the Finance Department. 14. "Force Majeure" means unforeseeable circumstances that prevent someone from fulfilling a contract. 15. "Form of Proposal" are the standard forms provided in the Contract Document. Proponents must complete and submit the forms contained within this section in order to provide the necessary information for the evaluation of the submission for the purpose of entering into a Contract with the Owner in the event of award. 16. "Indemnified Parties" means the Owner and the Owner's officials, directors, officers, agents, employees and volunteers. 17. "Industry Standards" include, but are not limited to (a) the provision of any and all labour, supplies, equipment and other goods or services that are necessary and can reasonably be understood or inferred to be included within the scope of the Contract or customarily furnished by Persons providing Deliverables of the type provided hereunder in similar situations in Canada and; (b) adherence to commonly accepted norms of ethical business practices, which shall include the Consultant establishing, and ensuring adherence to, precautions to prevent its employees or agents from providing or offering gifts or hospitality of greater than nominal value to any person acting on behalf of or employed by the Owner; 18. "Intellectual Property" means any intellectual, industrial or other proprietary right of any type in any form protected or protectable under the laws of Canada, any foreign country or any political subdivision or any country, including, without limitation, any intellectual, industrial or proprietary rights protected or protectable by legislation, by common law or at equity. 19. "Mandatory Requirements" means those requirements described in Instructions to Proponents, which shall be fully satisfied in order for any Proposal to be considered by the Owner as compliant. 20. "May" used in this document denotes permissive. 21. "MFIPPA" means the Municipal Freedom of Information and Protection of Privacy Page 300 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Act, Revised Statutes of Ontario 1990, Chapter M.56, as amended; 22. "Newly Created Intellectual Property" means any Intellectual Property created by the Consultant in the course of performance of its obligations under the Contract. 23. "Owner" refers to The Corporation of the Township of Oro-Medonte, as the case may be, and as identified in the Request for Proposal, and Contract Documents for the purpose of the award, execution and performance of the Contract. 24. "Owner Confidential Information" means all information of the Owner that is of a confidential nature, including all confidential information in the custody or control of the Owner, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of the Consultant in connection with the Contract. For greater certainty, Owner Confidential Information shall: (a) include: (i) all new information derived at any time from any such information whether created by the Owner, the Consultant or any third- party; (ii) all information (including Personal Information) that the Owner is obliged, or has the discretion, not to disclose under provincial or federal legislation or otherwise at law; but (b) not include information that: (i) is or becomes generally available to the public without fault or breach on the part of the Consultant of any duty of confidentiality owed by the Consultant to the Owner or to any third-party; (ii) the Consultant can demonstrate to have been rightfully obtained by the Consultant, without any obligation of confidence, from a third- party who had the right to transfer or disclose it to the Consultant free of any obligation of confidence; (iii) the Consultant can demonstrate to have been rightfully known to or in the possession of the Consultant at the time of disclosure, free of any obligation of confidence when disclosed; or (iv) is independently developed by the Consultant, but the exclusions in this subparagraph shall in no way limit the meaning of Personal Information or the obligations attaching thereto under the Contract or at law; 25. "Personal Information" means recorded information about an identifiable individual or that may identify an individual. 26. "Proceeding" means any action, claim, demand, lawsuit, or other proceeding. 27. "Proposal" or "Submission" refers to the information submitted by a Proponent in response to this Request for Proposal. 28. "Proponent" means the legal entity submitting a Proposal. 29. "Rates" means the applicable price, in Canadian funds, to be charged for the applicable Deliverables, inclusive of all applicable duties and taxes except HST, which should be itemized separately, as set out in the Schedule of Deliverables, Rates and Specific Provisions. Page 301 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 30. "Record" means any recorded information, including any Personal Information, in any form: (a) provided by the Owner to the Consultant or provided by the consultant to the Owner for the purpose of the Contract; or (b) created by the Consultant in the performance of the Contract. 31. "Request for Proposal" or "RFP" means the document issued by the Township and used to solicit Proposals from Proponents to provide goods, services or construction to the Township. 32. "Requirements of Law" means all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions, and agreements with all Authorities that now or at any time hereafter may be applicable to wither the Contract of the Deliverables or any part of them. 33. "RIM" means Records Information Management. 34. "Shall" and "Will" used in this document denotes imperative. 35. "Sub-Contractor" or "Sub-Consultant" means a legal entity approved by the Owner undertaking the execution of a part of the Work pursuant to an agreement with the Proponent. 36. "Successful Proponent" means the Successful Proponent(s) whose Proposal has been accepted by the Township and to whom the Contract is awarded. 37. "Supply" means to provide the necessary tools, material, equipment, and product to satisfy the Request for Proposal requirements. 38. "Term" means the timeframe as set out in the Schedule of Deliverables, Rates and Specific Provisions. 39. "Township" means The Corporation of the Township Of Oro-Medonte 40. "Third Party Intellectual Property" means any Intellectual Property owned by a party other than the Owner or the Consultant. 41. "Work" means Work/service performed to meet a demand to comply with the conditions of the Contract, delivery dates, specifications and technical assistance. Page 302 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Part I Project Terms of Reference 1. Introduction The Township is a diverse and beautiful community with a central location in Ontario. With a population of approximately 21 ,500 full time residents, it covers a land area of 61,000 hectares, stretching from the westerly border with Barrie, the southerly border with Lake Simcoe, the easterly border with Orillia and Severn Township and the northerly border shared with Tay and Severn Townships. For further information on the attributes of our Township, please visit our website at www.oro-medonte.ca. 2. Background In 2019, the Ford government launched the Municipal Modernization Program (MMP) to help small and rural municipalities to modernize service delivery and find ways to be more efficient and effective. The impacts of COVID-19 have made this work more important than ever. The Township of Oro-Medonte has qualified for funding under the second phase of the Municipal Modernization Program for an independent third-party reviewer to deliver a final report with specific and actionable recommendations for cost-savings and efficiencies by November 30, 2021. The Clerks Division is responsible for providing and managing an effective and efficient records and information management program for the Township of Oro- Medonte in compliance with legislative, regulatory, legal, security and audit requirements. The Records Management Clerk is responsible for the following Records Information Management (RIM) Functions: - Active file management; - Electronic document management; - Retention Schedule management; - Municipal Freedom of Information and Protection Privacy Act management; - RIM Policies and procedures; - User support and training The departments are responsible for the maintenance and management of their records with the guidance and assistance of the Records Management Clerk. Records & Information Management: The Ontario Municipal Records Management Systems (TOMRMS) is the standardized file classification system in use. Page 11 of 70 Page 303 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Current situation: Currently there are several programs being utilized throughout the Township of Oro- Medonte to house and record documents. Please see Appendix A for further information. Baker (File Storage Inventory Program): All file requests are submitted through Baker which records location, file number, as well as some other information. LaserFiche: Predominantly used to scan and record the metadata for permanent files. In 2019 and 2020 the building file drawings were digitally scanned into the system in preparation of a new retention schedule to be passed. Building files under 20 years are also currently being digitally scanned with 1% of the files completed. Fdrives (Township server folder): There are currently many electronic files that are being stored within the Fdrive without hardcopies filed. This is predominantly the result of working remotely. Diamond ERP Software: This program will be used for the Finance Department and is to be implemented by August 2021 with 5 years of information being brought over from Baker. None of the above mentioned programs have integrated retentions built in. This has resulted in many hard copy files that have been destroyed, with the digital file still on the system. 3. Scope of Project The Township of Oro-Medonte is looking to transition to digitalize and enhance the Township's Records Management Program in order to develop an Information Management Strategy that adheres to the Generally Accepted Recordkeeping Principles® (Principles). The intent of this Request is to secure a firm with the required expertise and demonstrated experience to conduct a thorough business and technical assessment of the Corporate RIM) Program. This will take into consideration both physical and electronic records, in order to develop an Electronic Information Management Strategy and Action Plan, which includes specific and actionable recommendations for cost savings and efficiencies, with a phased implementation approach under each identified area of focus for the Township of Oro-Medonte to move towards the implementation of an Electronic Document and Records Management System (EDRMS). Please see Appendix B for Page 12 of 70 Page 304 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... further information. The proposed start date is August 19, 2021 with the completion date of November 24, 2021 . Anticipated Scope of Services It is anticipated that the Strategy Development for Digitization of Records and Information Management Program will consist of the following criteria. a) Assessment and Consultation Working closely with the Deputy Clerk and Records Management Clerk to assess the Township's existing Corporate RIM program: The following Appendices for Current RIM program documents: • Appendix C - By-Law No. 2013-116 (Records Retention By-Law) Includes: - Records and Information Management Protocol - Scope Notes for Primary Subjects - Scope Notes for Secondary Subjects - Records Retention Schedule b) Consultation(s) Working closely with the Deputy Clerk and Records Management Clerk in conducting a series of consultations over the course of the Review. a. All consultations would be conducted during regular Township business hours between 8:30 am and 4:30 pm with a scheduled appointment including the completion of the Covid-19 Protocol for entry into the Administration Building. The Township reserves the right to increase or decrease the number of meetings for any Task. b. Minimum requirement for consultations includes: • A site visit at the start of the project to review and confirm the scope of work, the data and materials available for the Strategy Development for Digitization of Records and Information Management Program; • Meeting with one staff member from each of the six divisions across the Corporation who have a key role in records and information management; Page 13 of 70 Page 305 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... • Interim reviews of recommendations to updating the strategy report; • To review the final strategy report. c) Potential Solutions Working closely with the Deputy Clerk, Records Management Clerk and Information Technology to identify potential changes/opportunities that together or individually progress the Township toward a fully electronic RIM program. This assessment may include but not necessarily be limited to: • Corporate Policies & Procedures • Physical Infrastructure • Security • Technology • Applications/software/integration • Staffing Resources & Skill Sets • Collection, Access & Protection of Information • Business Processes & Information Workflows • Digitization of Records • E-mail Management • Electronic Records Clean-up & Organization d) Deliver Working closely with the Deputy Clerk and Records Management Clerk to provide a draft and final Digitization of Records and Information Management Program strategy Report clearly outlining the following: • Identify major components and desired outcomes that will form the core of the strategy; • Identify the action items the respondent proposes that the Township should undertake to complete each phase of the strategy; • Identify recommendations for how to succeed in completing and implementing action items outlined in the strategy; • Identify the estimated resources required to complete each action item, their potential costs, and the skill sets required to complete the Page 14 of 70 Page 306 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... recommendations; • Identify timing for the implementation of the action items outlined in the strategy • Presentation of the final strategy report to Township staff. The Report must be in electronic format. It is also anticipated that the consultant and the Township, where possible, will utilize technology to reduce travel time and other expenses associated with in- person meetings. The Township and the Consultant will collaborate on timingof anticipated scope of services throughout the project. 4. Timeframe of Project The Strategy Development for Digitization of Records and Information Management Program shall be completed within a maximum of three months beginning from the date of execution of the contract. If feasible, a shorter time frame for completion of the project is preferred by the Township. The successful proponent shall provide a detailed project strategy and schedule showing the tasks and activities to be undertaken in order to meet the project requirements within the three month timeframe, including approximate timing of site visit. An initial meeting with Township staff will be required once the contract is awarded to refine the work program and/or the successful proponent to obtain any available background material. The schedule shall be updated regularly whenever required to show project progress and shall be submitted to the Township's Deputy Clerk and Records Management Clerk. The successful proponent shall keep Township staff informed on the project's status on a bi-weekly basis at a minimum. Any reasonable steps that will advance the completion of the project will be considered. The timeframe for completion of the Deliverables is set out below and subject to change at the sole discretion of the Township: • Release of RFP July 15, 2021 • Last day of questions, errors or Omissions from proponents July 16, 2021 Page 15 of 70 Page 307 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... • Deadline for Final Addenda July 21, 2021 • RFP Closing July 28, 2021 at 12:00 p.m. noon • Evaluation of Proposals July 29 & 30, 2021 • Proponent Presentations/Interviews August 3 & 4 if necessary, 2021 • Award of Contract by Council August 18, 2021 • Project Commencement August 19, 2021 • Bi-weekly Project Team Briefings TBD Preparation of first Draft Review Report November 15, 2021 • Finalization of Second Report & November 22, 2021 Final Report Submission November 24, 2021 Note: Although every attempt will be made to meet all the dates, the Township reserves the right to modify any or all dates, and closing time at its sole discretion. 5. Project Requirements and Deliverables a. Requirements The following are minimum project requirements. The final sequence and details of tasks will be determined in consultation with the successful consultant. If the proponent considered additional tasks and deliverables as being appropriate, please submit as part of the project proposal. • to conduct research, review and analysis as required to complete the strategy; • to develop meeting agendas, workshop workbooks, presentation slides and meeting summary reports and other materials as appropriate; • to attend and facilitate meetings as required and scheduled, including protocols and alternative delivery methods as required by COVID safety measures; • to provide all materials required for meetings to the Township for final review at least 5 business days in advance of the meeting; • to deliver draft and final strategy report for review to staff in a timely fashion. b. Deliverables The successful proponent will deliver to the Township the following deliverables: 1. A final digital version of the Strategy Report outlining the Digitalization and enhancement of the Township's Records Management Program with a strategy to develop the Records and Information Management Program in accessible format including specific and actionable recommendations for cost savings and efficiencies, and Page 16 of 70 Page 308 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 2. All digital photos, maps, renderings, drawings or other images used in the Strategy Development for Digitization of Records and Information Management Program. 7. Content of Proposals The Request for Proposal response submission shall include at a minimum the following information and shall be submitted in the same format outlined: The submission contents included must be submitted in full in two (2) complete 8 '/2 x 11 paper hard copies with binding, one (1) clearly marked `original', one (1) clearly marked `copy' and one electronic copy in a single, unrestricted PDF format on a CD or USB key or through Dropbox: 1. Table of Contents, at the front of the submission 2. Completed Proponent Information Form 3. Company Background and Relevant Experience: a) Provide an outline of your company background and experience in relation to this project; b) Provide information on similar projects within the last 5 years, that your company has been involved with, including references; c) Describe the unique strengths that your firm can bring to the project and how these set your firm apart from others. 4. Personnel Summary: a) Provide information related to the qualifications and experience of the personnel who will be assigned to work directly on this strategy, including resumes, documentation of accreditation and/or letters of reference. 5. Work Plan and Timelines a) Provide a detailed strategy of the services to be provided, including all of the tasks, milestones and timelines. Indicate the personnel responsible for each task. The timeline schedule should have sufficient details to clearly demonstrate a full understanding of the timelines associated with the completion of the project. 6. Completed Form of Proposal 7. Completed Schedule II — List of References Page 17 of 70 Page 309 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 8. Completed Conflict of Interest Form 9. Completed AODA Declaration Form 10.Completed Do Not Disclose (DND) Contract 11. Budget a) Provide a detailed budget sheet with number of hours, hourly rates and totals assigned to each individual personnel assigned to this project; b) Identify any out of pocket expenses & disbursements; c) Identify any sub-consultant(s) that will be used on the project and appropriately include their fees in the detailed budget sheet; d) Completed Schedule I — Budget Page 18 of 70 Page 310 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Part II Instructions to Proponents 1. Delivery of Proposals The Form of Proposal, together with all supporting documentation, enclosed in an envelope bearing the name of the Proponent and sealed with the submission label provided herein affixed to the envelope, shall be received; date and time stamped at the Township of Oro-Medonte Administrative Office, 148 Line 7 South, Oro-Medonte, ON, LOL 2EO no later than 12:00 p.m. (12:00 hours) local time, on the specified closing date. Electronic proposal with necessary attachments and bearing the necessary information as outlined above, shall also be received no later than 12:00 p.m. (12:00 hours) local time, on the specified date. Proposals time stamped after 12:00 p.m. (noon). (12:00 hours) are late and shall be deemed non-compliant and shall be returned to the Proponent unopened. Proposals delivered in person, or by a courier service, without the submission label affixed to the envelope, or Proposals that are not delivered to the designated location by the Proponent or courier service may be rejected. Delivery of the Proposals through a courier service shall be the responsibility of the Proponent and shall result in the Proposal being rejected if: a) the Proposal is not delivered to the location stated on the envelope; b) the Proposal envelope is delivered to the Township after the specified closing date and time. All Proposals shall be irrevocable and shall remain open for acceptance, at the prices quoted, for up to ninety (90) calendar days from the closing date and time. In submitting a Proposal, each Proponent agrees that, notwithstanding anything to the contrary, the Township may notify the successful Proponent at any time within the ninety (90) calendar days that its Proposal has been accepted. The time on the Township's Panasonic Network Telephone System at the Customer Service Representative's desk will determine the Closing Time of the RFP. 2. Electronic Submissions Electronically transmitted submissions (facsimile, e-mail, etc.) will be accepted for this RFP and shall be in accordance with the Timelines outlined in Item 5 Timeframe of Project above Page 19 of 70 Page 311 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Note: Although every attempt will be made to meet all the dates, the Township reserves the right to modify any or all dates, and closing time at its sole discretion. 3. Competition Intended It is the Township's intent that this Request for Proposal (RFP) permit competition. It shall be the Proponents responsibility to advise the Clerk or Deputy Clerk, in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received no later than seven (7) calendar days prior to the date set for RFP closing date and time. 4. Inquiries All inquiries concerning this Proposal, including specifications, process and results are to be directed in writing (e-mail) through: Corporate Services; Janette Teeter, Deputy Clerk: jteeter(a�oro-medonte.ca Or Sheila Spring, Records Management Clerk ssprinq(a�oro-medonte.ca Inquiries shall not be directed to any other Township employee. No clarification requests will be accepted by telephone. A transcript of the questions and answers will be made available, via the method authorized for advertising the RFP, on or before the date as listed in this document. Questions or clarification will be answered individually in writing in a transcript, but response(s) to any question that modified the scope of this document will be issued as an Addendum and circulated via the method authorized for advertising the RFP. 5. Addendum/Addenda Addendum/Addenda if required will be issued by the Township and shall hereby form part and parcel of the Contract Documents. Failure to acknowledge Addendum/Addenda issued may result in a non-compliant submission. All Addendum/Addenda should be issued to the Proponents forty-eight (48) hours prior to the Closing date and time via the method of RFP listing. It is the responsibility of the Proponent to ensure they have received all Addendum/Addenda that have been issued. Page 20 of 70 Page 312 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... The Township of Oro-Medonte will assume no responsibility for oral instructions or suggestions. Prior to submitting their Proposal, Proponents should check the Township's website (www.oro-medonte.ca) to verify they have received all Addenda. 6. Site Meeting A site meeting will be required. 7. Mandatory Proposal Requirements Failure to adhere to the following Mandatory Proposal Requirements shall result in the Proposal being declared a non-compliant Proposal: i. Proposals shall be received electronically by e-mail or in a sealed envelope, as set out in the RFP, by the Owner prior to the stated Closing date and time; ii. Proposals shall be submitted complete and in the original Form of Proposal, as supplied, without any unauthorized alterations, additions, deletions or qualifying statements made to or provided with the Form of Proposal. The Form of Proposal shall be `original' with an `original' or electronic signature(s) that is signed in the spaces provided by a duly authorized official of the Proponent; iii. The Proponent shall attend all mandatory electronic or on site meetings, if applicable; and iv. The Proponent shall be previously qualified, under a related pre-qualification process, if applicable. If the Proposal is a joint submission of two (2) or more Proponents, a single Proposal is to be coordinated and submitted by one (1) Proponent, who shall be identified as the "Lead Proponent" and shall take full responsibility for all associated Proponents. Signatures on behalf of a non-incorporated body or by individuals shall be witnessed. In the case of an incorporated company, the corporate seal shall be affixed to the Form of Proposal adjacent to the authorized signature. 8. Checking of Proposals Proposals opened are checked by Corporate Services to ensure that: Page 21 of 70 Page 313 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... i. all Proposals submitted comply with the Mandatory Proposals Requirements; ii. all arithmetic extension calculations are correct; iii. where there is an obvious error in extensions, additions or computations, the Township shall be entitled to correct such errors based on the unit prices supplied, and the corrected total shall be considered as representing the intention of the Proponent, and shall be used as the basis for comparison of Bids. For greater certainty, any failure by a Proponent to insert a unit price where required shall be deemed to be a $ "0" value; iv. all items as specified have been bid on; v. all strikeouts, erasures or overwrites are initialed by an authorized person; vi. no claims or litigation proceedings have been instituted by the Proponent against the Township, or in turn by the Township against the Proponent; and vii. all addenda have been acknowledged on the Form of Proposal in the space provided. In any of the above circumstances where there are obvious or patent errors such as misplaced decimals, the Owner shall consider the intent of the Proponent. 9. Late Submission Proposals received after the closing date and time will not be considered during the selection process and will be returned unopened to the respective Proponent. 10. Proposal Opening Proponents are advised there will not be a public opening for this Request for Proposal. Proposals received, by the date & time of closing, will be opened administratively by respective members of the Corporation and/or the Evaluation Team, at a time subsequent to the closing. 11. Amendment of Proposals Proponents who have submitted a Proposal may amend it up to the Closing Date and Time by submitting a replacement Proposal. Amended Proposals must be sealed and submitted in accordance with all other requirements included in this document. The amended Proposal will clearly be marked "Amended" and should clearly indicate that it replaces any other submitted version. In the case of a discrepancy, the Township will deem the last Proposal received prior to the Closing Time, to be the valid Proposal. Page 22 of 70 Page 314 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 12. Right to Accept or Reject Proposal The Corporation of the Township of Oro-Medonte reserves the right to accept any Proposal, in whole or in part, that it feels most fully meets the selection criteria. Therefore, the lowest cost Proposal, or any Proposal may not necessarily be accepted as per The Township of Oro-Medonte's Purchasing and Tendering Procedures By-law 2004-112, as amended. Township staff shall evaluate all Proposals received by the Closing Date and make evaluations and recommendations for acceptance. The Proponent is advised that the scope of works as required by this request for proposal may be changed at the discretion of the Township as may be necessary due to budgeting constraints or in the best interest of the Township. Should the Township exercise this option, the unit prices bid shall prevail with no additional claims to be considered by the Township. 13. Proposal Evaluation An Evaluation Committee will evaluate each of the Proposals received in accordance with the evaluation criteria as set out in the RFP Document. The Committee reserves the right to enter into further discussions in order to obtain information that will allow the Committee to reach a decision with a Proponent, and to waive irregularities and omissions if, in doing so, the best interest of The Township will be served. 14. Evaluation Criteria It is the responsibility of the proponents to provide sufficient information in the Proposal to exhibit required abilities. Proponents are cautioned that organization of their response, as well as thoroughness is critical to the evaluation process. All required information should be furnished and presented in an organized, comprehensive and easy to follow manner. Selection of a Proposal will be based on, but not solely limited to, the following criteria and weighting: Item Evaluation Criteria Points 1 Quality and Completeness of proposal 15 2 Company Background and Relevant Experience 20 3 Budget Pricing 20 4 Work Plan, Methodologies, Timeliness 30 5 Personnel Summary 5 6 Client References 10 Total available points Stage 1 100 Proposals will be assessed on the basis of information provided by the Proponent at the time of submission and shall take into account subsequent interviews with the Page 23 of 70 Page 315 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Proponent as may be required. Proposals may be considered for an interview. Note: Only teams that have completed work of a similar nature for municipalities, since January, 2016 will be considered. Proposals will be evaluated on the basis of the following criteria. Each of the criteria will be scored 1 through 5 with 5, being the best score. The criteria is assigned a weighting factor that represents the significance relative to other criteria. The scores for the criteria will be multiplied by the weighting factor assigned and the results will be totaled out of 100. Criteria: Note: Refer to the Form of Proposal for specifics relating to content requirements of the Proposal. 1 . Quality and Completeness of Proposal: 1 2 3 4 5 /15 Priority Factor: 3X 2. Company Background and Relevant Experience: 1 2 3 4 5 /20 Priority Factor: 4X 3. Budget: 1 2 3 4 5 /20 Priority Factor: 4X 4. Work Plan, Methodologies and Timelines: 1 2 3 4 5 /30 Priority Factor: 6X 5. Personnel Summary: 1 2 3 4 5 /5 Priority Factor: 1 X 6. Client References: 1 2 3 4 5 /10 Priority Factor: 2X Total Score out of 100 Proposal evaluation results are the property of the Township. The Township does not intend to disclose evaluation results, under any circumstances, either before, during, or after the RFP process. An award of an Agreement, if any, shall be based on the evaluation results. By responding to this RFP, Proponents agree to accept the recommendations of the Evaluation Committee as final and binding. Page 24 of 70 Page 316 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 15. Negotiations The Township may award the contract on the basis of the proposals received, without discussion. Each proposal should therefore contain the Proponent's best terms and complete detailed information. The Township reserves the right to enter into negotiations with any selected Proponent(s). If the Township and the selected Proponent(s) cannot negotiate a successful agreement, the Township may terminate the negotiations and begin negotiations with the next selected Proponent(s). This process will continue until an agreement has been executed or all of the Proponent(s) have been rejected. No Proponent shall have rights against the Township arising from negotiations. 16.Presentation & Interview The Township reserves the right to interview any or all of the Proponents that submit a Proposal to provide the Evaluation Committee with additional insight into the Proponent's ability to meet the requirements as requested in the RFP. If required, the interviews would be conducted by representatives of the Evaluation Committee via electronic platform and shall follow this general format: a. Introduction of Proponent's Project Team (5 minutes) b. Proponent Presentation of the Proposal (15 minutes) c. Questions from Evaluation Committee (15 minutes) d. Questions from Proponents (5 minutes) Proponents will be notified of the final format for interviews/presentations in advance. 17. Award Determination Consideration for award shall only be undertaken in relation to Proponents who are determined by the Township to have satisfied all the requirements. The Evaluation Committee hereby reserves the right, privilege, entitlement and absolute discretion, and for any reason whatsoever to: i. Recommend acceptance of a Proposal which is not the lowest Proposal submission, or recommend rejection of a Proposal that is the lowest Proposal even if it is the only Proposal received; ii. Recommend acceptance of the Proposal deemed most favourable to address the scope of work. iii. Recommend acceptance or rejection of any and all Proposals, whether in whole or Page 25 of 70 Page 317 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... in part; iv. Recommend acceptance or rejection of any unbalanced, irregular, or informal Proposals; or v. Recommend rejection of any Proponent who is involved in litigation with the Township. The Evaluation Committee reserves the right to consider, during the evaluation of Proposals: vi. Information provided in the Proposal itself; vii. Information provided in response to enquiries of credit, experience and industry references set out in the Proposal; viii.Information received in response to enquiries made by the Owner of third parties apart from those disclosed in the Proposal in relation to the reputation, reliability, experience and capabilities of the Proponent; ix. The manner in which the Proponent provides services to others; x. The experience and qualification of the Proponent's senior management, and project management; xi. The compliance of the Proponent with the Owner's requirements and specifications; or xii. The Proponent acknowledges that the Owner may rely upon the criteria, which the Owner deems relevant; even though such criteria may not have been disclosed to the Proponent. By submitting a Proposal, the Proponent acknowledges the Owner's rights under this section and absolutely waives any right, or cause of action against the Owner, by reason of the Owner's failure to accept the Proposal submitted by the Proponent, whether such right or cause of action arises in Project, negligence, or otherwise. 18. Execution of Award The Successful Proponent, if any, shall sign the Contract in triplicate (3), within seven (7) calendar days of written notification of acceptance. The following completed documents, as listed, shall be submitted prior to or at the time of signing: a) Agreement signed and sealed in triplicate; b) Contract Security, if applicable; Page 26 of 70 Page 318 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... c) Current Insurance Certificate; d) A current copy of the Workplace Safety and Insurance Board Certificate of Clearance; e) Payment Information, if applicable; f) AODA Declaration Form and; g) Any other documentation requested within this RFP. 19. Order of Precedence The Successful Proponent understands that the Contract shall consist of the following documents, ranked in order of priority, from highest to lowest: a. The duly signed Agreement preceding the Schedules; b. Township's Change Orders (including any purchase orders issued for these Change Orders); c. the Schedules of the Agreement; d. any addenda to the RFP; e. the RFP Document; f. any modifications to the Proposal acceptable to the Township, in its sole discretion; and g. the Proposal submitted by the Proponent. The Contract shall constitute the entire agreement between the parties pertaining to the subject matter of this RFP and shall supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the parties or any documentation that may otherwise accompany the Work. Any conflict or inconsistency between the components of the Contract shall be resolved, to the extent of any conflict or inconsistency, in accordance with the order of authority stated above. The Township reserves the right to include additional terms and conditions during the process of Contract negotiations. These terms and conditions shall be within the scope of the original RFP and Contract documents and will be limited to cost, clarification, definition and administrative and legal requirements. 20. Alternative Dispute Resolution. (a) If requested in writing by either the Township or the Proponent, the Township and the Proponent shall attempt to resolve any dispute between them arising out of or in connection with this Contract by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of ninety (90) calendar days with the mediator, the dispute shall be referred to and finally resolved by arbitration under the rules of the province having jurisdiction or by Page 27 of 70 Page 319 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... an arbitrator appointed by the agreement of the parties. (b) No person shall be appointed to act as mediator or arbitrator who is in any way interested, financially or otherwise, in the conduct of the work on the project or in the business or other affairs of either the Township or the Proponent. (c) The award of the arbitrator, including an award for costs if applicable, shall be final and binding upon the parties. (d) The provisions of the Arbitration Act, 1991, S.O. 1991, Chapter 17, as amended shall apply. 21. Contract Additions & Deletions The Township reserves the right to add and/or delete any item(s) from the Contract. Deletions will not result in any penalty in any form. 22. Proponent Qualifications Qualified Proponents are those which: • have sufficient facilities and resources to meet the Township's needs; • will provide all of the Township's Key Service Requirements; • demonstrate reasonable flexibility and willingness to work with the Township as a business partner; • have experience with clients requiring services of a similar scope and complexity as the Township of Oro-Medonte and provide contact details for these clients. 23. Proponent's Statement of Understanding It is understood that Proponents have carefully examined all of the Contract Documents and have carefully examined the Work to be performed under the Contract if awarded. The Proponent also understands and accepts the said Contract Documents, and for the prices set forth in the Proposal to be firm for the length of the project. 24. Term of Contract The term of contract will become effective upon award to the successful Proponent(s) and shall remain in effect for the entire period of the work. 25. Irrevocability of Proposals By submission of a clear and detailed written notice, the Proponent may amend or Page 28 of 70 Page 320 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... withdraw its Proposal prior to the closing time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be deemed successful the Proponent will enter into a Contract with the Township. 26. Errors and Omissions No oral interpretation shall be effective to modify any provisions of the Contract Documents. Any modification or clarification shall be by written Addendum. The Addendum(s) shall form part of the Contract Documents. 27. Proponents Expenses Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the Township, if any. If the Township elects to reject all Proposals, the Township will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 28. Changes to Proposal Wording The Proponent will not change the wording of its Proposal after closing and no words or comments will be added to the Proposal unless requested by the Township for purposes of clarification. 29. Price Components All prices will be quoted in Canadian Funds. Prices must be expressed in accordance with the unit of measure specified in the document. Prices documented shall be net prices including transportation and delivery charges fully prepaid by the Proponent to any specified destination within the limits of the Township, unless a breakdown is requested on the Schedule I Budget. The Township reserves the right to correct patent computational or other mathematical errors evident on the face of the bid; however, unit prices will not be adjusted. 30. Freedom of Information All Proposals submitted to the Owner become the property of the Owner and as such, are subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"). All correspondence, documentation and information provided to staff of the Township by Page 29 of 70 Page 321 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... any Proponent in connection with, or arising out of this RFP, and the submission of any Proposal will become the property of the Township and as such is subject to MFIPPA, and may be released, pursuant to the Act. The Proponent's name at a minimum shall be made public upon request. In-line with MFIPPA, Proponents are advised to identify in their Proposal material, any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Any information in the Proponent's submissions that is not specifically identified as confidential will be treated as public information. All correspondence, documentation and information provided to the Evaluation Committee may be reproduced for the purposes of evaluating the Proponent's submissions to this RFP. 31. Bribery/Fraud Should any prospective Proponents or any of their agents give or offer any gratuity or to attempt to bribe any employee of the Owner, or to commit fraud, the Owner shall be at liberty to cancel the prospective Proponent's Proposal and to rely upon the Bid Security submitted for compensation, if applicable. 32. Cancellation i. In the event the Successful Proponent does not comply with the specifications, terms and conditions, and scope of work, at any time throughout the duration of the Contract, the Contract shall be cancelled in accordance with the terms contained herein. ii. The Owner upon non-performance of Contract terms may cancel the Contract; however, in doing so, the Owner does not waive its right to rely upon any obligations or commitments agreed to by the Proponent as part of their Proposal. The Proponent remains liable for the difference between the next acceptable Proposal of goods and/or service Proposal prices. iii. Where there is a question of non-performance, payment in whole or in part may be withheld at the discretion of the Owner. This action shall not prevent the Owner from taking early payment discounts otherwise applicable. 33. Insurance The successful Proponent shall maintain and pay for Commercial General Liability Insurance with an insurer acceptable to the Owner. The coverage shall include premises and all operations liability to be performed by the Proponent. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. Page 30 of 70 Page 322 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... i. The CGL policy shall include The Corporation of the Township of Oro- Medonte as an additional insured in respect to all operations performed by or on behalf of the Successful Proponent. ii. The Successful Proponent shall be entirely responsible for the cost of any deductible, which is maintained in any insurance document. iii. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Owner. In addition, Professional Liability Insurance is required, in an amount of not less than Two Million Dollars ($2,000,000) inclusive per claim. All required insurance would be endorsed to provide the Township within 30 days advance written notice of cancellation or material change. The Service provider will provide the Township with evidence of the required insurance, in the form of a completed Certificate of Insurance, immediately following execution and delivery of the Contract. Where applicable the successful Proponent shall carry standard automobile and non- owned automobile liability insurance and shall protect themselves against all liability arising out of the use of owned or leased vehicles, used by the Successful Proponent, its employees or agents. The limits of the liability for both owned and non-owned vehicles shall not be less than Two Million Dollars ($2,000.000.00) per occurrence. 34. Workplace Safety and Insurance Board (WSIB) The successful Proponent shall be required to supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the Contract and thereafter upon request during the life of the Contract indicating that all of the assessments the successful Proponent or any sub-consultant is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and they are in good standing with the Board. Effective January 1, 2013, Bill 119 legislates that all Consultants, Contractors and Sub- Contractors, categorized under Class G: Construction, shall have a WSIB account and clearance coverage prior to commencing any Contract. Alternatively, if the Successful Proponent is an Independent Operator and is not categorized under Class G: Construction, the Successful Proponent must submit a letter from the WSIB, confirming that s/he has Independent Operator Status under the WSIB Act. If the Successful Proponent does not have Independent Operator Status, the Successful Proponent shall; I. Complete an Independent Operator Status Questionnaire upon being awarded the Contract; and, Page 31 of 70 Page 323 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... II. fund all costs associated with any appeal of a determination by WSIB that the proponent/contractor is not an Independent Operator; and, III. provide proof of Employer's Liability Insurance in an amount not less than two million dollars ($2,000,000) per occurrence (provided either by WSIB or the successful Proponent's insurance provider). The Successful Proponent acknowledges and agrees that the Township is not hiring an employee(s) to perform the work associated with this RFP. As such, the Township reserves the right to terminate all Contracts associated with this RFP if all appeals have been exhausted and the Successful Proponent is determined by WSIB or court or tribunal of competent jurisdiction to be an employee. 35. Regulation Compliance and Legislation The Successful Proponent shall ensure all services and products provided in respect to this Contract are in accordance with and under authorization of all applicable authorities, Municipal, Provincial and Federal legislation, including but not limited to: • the Occupational Health and Safety Act and its regulations; • the Workplace Safety & Insurance Act and its regulations; • the Municipal Act and its regulations; 36. Laws of Ontario Any Contract resulting from this Request for Proposal will be governed by and will be construed and interpreted in accordance with the laws of the Province of Ontario. 37. Indemnification The Successful Proponent shall indemnify and save harmless the Owner, its Agents and employees from and against any and all liability whatsoever for losses, liens, charges, claims, demands, payments, suits, actions, recoveries and judgments (including legal fees and expenses) of every nature and description brought or recovered against either the Owner, its Agents and employees, or the Successful Proponent by reason of a negligent act, error or omission of the Successful Proponent, its Agents, employee or licensees in providing the services, including, without limiting the generality of the forgoing, loss or damage to property, injury or the death of any persons, alleged copyright, patent or other intellectual property rights infringement or interference, defective design or damage to the environment. 38. Force Majeure Neither party shall be responsible for any delay or failure to perform its obligations under the Contract where such delay or failure is due to fire, flood, explosion, war, embargo, Governmental action, Act of Public Authority, Act of God, or to any other cause beyond its Page 32 of 70 Page 324 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... control, except labour disruption. In the event Force Majeure occurs, the party who is delayed or fails to perform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause. Should the Force Majeure event last for longer than 30 calendar days, the Owner may terminate this Contract by notice to the successful Proponent without further liability, expense or cost of any kind. Covid-19 shall be exempt from this Force Majeure clause(s) as it has previously been identified as a foreseeable factor prior to the release of this RFP and subsequent entering into this contract. 39. Severability Should any term or portion of this Contract be found to be invalid or unenforceable, the remainder shall continue to be valid and enforceable. 40. Termination of Contract The Owner may terminate this contract at any time without penalty upon giving written notice to the Proponent, if, in the sole opinion of the Owner, the Proponent is unable to deliver the service as required, the Proponent's performance of the service is persistently faulty or below the required standard, or, the Proponent becomes insolvent or commits an act of bankruptcy. 41. Termination by Notice The Owner may terminate this contract at any time upon notice to the Proponent, whereupon the Owner shall only be liable for any Proponents fees and expenses for satisfactorily completed work up to the date of the termination and not thereafter. 42. Termination for Cause The Owner reserves the right in its sole discretion to terminate this contract, in whole or in part, at any time, without penalty, expense or further liability of any kind: a. At any time, upon notice to the Proponent, for a major breach of the terms of this Contract by the Proponent; b. At any time, upon notice to the Proponent, following the failure of the Proponent to satisfactorily remedy, repair or replace any defect or deficiency in the Proponent's performance of the Contract, after having been given notice to do so by the Owner; Page 33 of 70 Page 325 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... c. At any time if the Proponent makes an assignment for the benefit of its creditors, a proposal of compromise with its creditors, a declaration of its voluntary bankruptcy or insolvency, a placing or its cessation or winding up of its business, in whole or in part; d. At any time if a Force Majeure event preventing performance of the Contract by either party continues for longer than thirty (30) consecutive days (save and except the current Covid-19) Pandemic; or e. As otherwise provided in this Contract. The Owner's rights of termination shall be in addition to any other rights or remedies it may have in law, in equity or under this Contract. 43. Suspension of Work The Owner may in its sole discretion at any time upon notice to the Proponent in writing suspend the performance of the Work, in whole or in part, for a specified or unspecified time. Upon receiving notice of the suspension, the Proponent shall immediately suspend all operations concerning that identified portion of the Work except such Work as is necessary in the opinion of the Owner to care for, preserve and protect the Work. During the period of suspension, the Proponent shall only be entitled to be reimbursed for its reasonable, proper and actual expenses in caring for, preserving and protecting the Work. Should the period of suspension of the Work, in whole or in part, last longer than thirty (30) calendar days or such longer period as the parties may agree upon in writing, either party to the contract may consider the contract to be terminated by mutual agreement without further liability. 44. Suspension in Future In the event the Proponent fails to provide quality service, equipment or personnel, as determined by the Owner in its Sole discretion, the Proponent may be deemed ineligible for similar work in future competitions for contracts issued by the Owner. 45. Failure to Comply with Owner Decisions If the Proponent fails to comply with any decision or direction of the Owner made pursuant to the Contract, the Owner may, upon notice to the Proponent, employ such methods as the Owner deems advisable to do that which the Proponent failed to do, at Page 34 of 70 Page 326 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... the Proponent's cost and expense. The Proponent shall be liable for and shall upon demand pay to the Owner an amount equal to the aggregate of all costs, expenses and damages including the cost of any methods the Owner employed by reason of the Proponent's failure to comply as above. 46. Evaluation of Performance At project completion, the Township will conduct an evaluation of the Proponents overall performance. This evaluation will be reviewed with the Proponent and recommendations will be put forward as to the Successful Proponent's overall suitability of future Township of Oro-Medonte work. It must also be noted that while overall performance is being evaluated, the Township reserves the right to suspend a Proponent for extreme or repeated inadequate grades on any issues related to health and safety, specifically items public safety and traffic control, compliance with all WSIB provisions, maintenance of employee safety standards, compliance Ministry of Labour regulations. The evaluation shall be placed on file and a copy will be provided to the Proponent. This information may be made available to persons requesting Owner references for the Contract. The Proponent hereby authorizes the maintenance and release of this information. 47. Time is of the Essence The Owner shall have the right to cancel at any time any project or any part of any project resulting from this RFP in respect to the goods, materials, articles, equipment, work or services, covered thereby, not delivered or performed by the specified time in the written document, without incurring any liability whatsoever in respect hereto. "Time is of the essence". 48. Safety Standards It is the responsibility of the Successful Proponent to Work in a safe and orderly manner so as not to constitute any safety hazards. COVID-19 The selected proponent will be required to comply with any legislative amendments, controls, regulations, requirements or orders that were or get issued by the Governments of Canada or the Province of Ontario (including, without limitation, any orders or recommendations issued by public health authorities) in response to the global pandemic of the virus leading to COVID-19 including any resurgence or mutation thereof. In submitting its quotation, each proponent shall be deemed to have considered any legislative amendments, controls, regulations, requirements or orders that were issued, prior to the close of this RFP, by the Governments of Canada or the Province of Ontario in response to the global pandemic of the virus leading to COVID-19, including any Page 35 of 70 Page 327 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... impacts such legislative amendments, controls, regulations, requirements or orders could have on the proponent's pricing and the total bid price and the price of the Agreement are deemed to include any costs associated with the foregoing. In the event the supplier's performance of the Deliverables is delayed as a result of COVID-19, the supplier's entitlement, if any, in such circumstances will be as stipulated in the Agreement. 49. Non-Waiver No condoning, excusing or overlooking by the Owner of any default, breach or non- observance by the Successful Proponent at any time or times in respect of any provision herein contained shall operate as a waiver of the Owner's right hereunder in respect of any continuing or subsequent default, breach or non-observance or so as to defeat or affect in any way the rights of the Owner herein in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Owner save only an express waiver in writing. Any Work completed by the Owner required by this agreement to be done by the Successful Proponent shall not relieve the Successful Proponent of his/her obligations to do that Work. 50. Non-Assignment The Successful Proponent may not assign this Contract nor any Work to be performed under this Contract or any part hereof without the prior written consent of the Owner. Such written consent however shall not under any circumstances relieve the Successful Proponent of his/her liabilities and obligations under this Contract and shall be within the sole and unfettered discretion of the Owner. 51. Emergency Telephone Number Prior to commencing, the Work, the Successful Proponent shall provide the Owner with the name(s) and telephone number(s) of his/her representative(s) who can be contacted on a 24-hour basis in case of an emergency during the term of the Contract. 52. Personal Property Security Act The Successful Proponent warrants that the goods/inventory/equipment being supplied to the Owner, are free and clear of all liens, charges, encumbrances, mortgages, hypothecations, copyright, patents or any third-party statutory claims. 53. Confidentiality of Information Proponents receiving this RFP may not use, disclose, or duplicate it for any purpose other than to prepare a response. Proponents shall keep the Township data confidential and shall not disclose its content to any other party, other than to those internal Page 36 of 70 Page 328 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... employees or agents responsible for preparing a submission, without the prior written approval of the Township. Receipt of this RFP does not entitle the Proponent to associate its services with the Township in any way, nor represents in any way that the Township has employed or endorsed the Proponent's services. Any such association or endorsement being contemplated by the Proponent must receive the prior written approval of the Township. The Township will not disclose or share a Proponent's response to this RFP with other Proponents or other organizations. The submission of a Proposal indicates acceptance by the Proponent of all of the conditions contained in this Request for Proposal unless clearly and specifically noted in the Proposal submitted and confirmed in the formal Contract between the Township and the Successful Proponent. Deviations from the Request for Proposal must be clearly identified in the written submission. Proposals are subject to a formal Contract being negotiated, prepared and executed. The Township reserves the right to negotiate the terms and conditions of the Contract. 54. Conflicts of Interest Proponents(s) shall disclose, in their submission, all perceived, potential, and actual Conflicts of Interest. For the purposes of this RFP, "Conflict of Interest" includes: • any situation or circumstances where, in relation to this RFP and/or the Contract, the Proponent(s) other commitments, relationships or financial interests could or could be perceived to exercise an improper influence over the objective, unbiased and impartial exercise of independent judgment by any personnel of the Evaluation Committee or the Township; • any situation or circumstances where any person(s) employed by the Township in any capacity; • has a direct or indirect financial interest in the award of the Contract to any Proposal(s); • is currently employed by, or is a sub-contractor or a consultant to a Proponent(s); • is negotiating or has an arrangement concerning future employment or contracting with any Proponent(s); • has an ownership interest in, or is an officer or director of, any Proponent(s). Page 37 of 70 Page 329 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... If a Proponent(s) discovers, at any time, any perceived, potential, or actual Conflicts of Interest, the Proponent(s) shall promptly disclose the Conflict of Interest by sending a written statement clearly identifying the conflict to the Clerk's Office (Corporate Services Division). Failure of any Proponent(s) to comply with this section may result in the disqualification of the Proponent(s) and the rejection of its submission. Without limiting the generality of the Township's rights, the Township may, in its sole discretion: • exclude any Proponents(s) and its submission on the grounds of Conflict of Interest; • waive any and all perceived, potential or actual Conflicts of Interest upon such terms and conditions as the Township, in its sole discretion, requires to satisfy itself that the Conflict of Interest has been appropriately managed, mitigated and minimized. In the event any Proponent(s) is found to be in a potential Conflict of Interest during the term of the Contract, the Proponent shall disclose the said conflict immediately. The Township reserves the right to request any Proponent(s) cure the conflict to the Township's complete satisfaction. Failure to cure the conflict shall result in disentitlement to any compensation under this Contract. 55. Township Not Employer The Proponent agrees that The Corporation of the Township of Oro-Medonte is not to be understood as the employer to any Successful Proponent nor to such Successful Proponent's personnel or staff for any work, services, or supply of any products or materials that may be awarded as a result of this RFP. It is understood that the Successful Proponent will act as an independent contractor. 56. Purchasing and Tendering Procedures By-Law 2004-112, By-Law 2012-216 It is the responsibility of all Proponents to become familiar with and comply with The Township of Oro-Medonte Purchasing and Tendering Procedures By-law. The Township's Purchasing and Tendering Procedures By-law can be found on Township's website: www.oro-medonte.ca Page 38 of 70 Page 330 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 57. Working Language The working language of the Township of Oro-Medonte is English and all responses to this Request for Proposal must be English. 58. Intellectual Property All information and data, in any form, together with all designs or materials capable of intellectual property protection, prepared, developed or created by the Proponent, its employees or agents during the performance of and/or pursuant to this work shall automatically become the property of the Township. Proponents and their employees and agents each agree to sign whatever documentation may be necessary to give full force and effect to this paragraph. 59. Accessibility In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service Section 6, every provider of goods and services shall ensure that every person who deals with members of the public or participates in the developing of the service provider's policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: 1. How to interact and communicate with persons with various types of disability 2. How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person 3. How to use assistive device equipment that is available on the premises that may help in the provision of accessible goods or services 4. What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services 5. Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. Contracted employees, third party employees, agents and others that provide services to the public on behalf of the Township of Oro-Medonte must meet the requirements of Ontario Regulation 429/07 with regard to training under the Accessibility for Ontarians with Disabilities Act (AODA). A document describing your training policy or procedure, a sample copy of training and details of training dates and attendees may be required to be submitted to the Township prior to the commencement of any work. Page 39 of 70 Page 331 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 60. Township of Oro-Medonte Payment Terms The Township payment terms are 30 days from receipt of Invoice. Harmonized Sales Tax (HST) is an extra and shall be identified separately in the Contract Documents and on all invoices. Contract Payments 1 . Progress Payments Monthly statements are to be prepared based on the progress in completion of each component. 2. Progress Reports Monthly progress reports shall be submitted by the Consultant in a format acceptable to the Township and include, but are not limited to the following information: i. Work progress in the form of a Gantt Chart showing the baseline schedule and the percentage completion to date of each task/activity and the overall percentage progress of the Contract; ii. Areas where progress are on or ahead of schedule and areas where progress are behind schedule; iii. Measures taken/proposed to be taken, where necessary, to bring the work progress back on schedule; iv. Any claims for extension of time due to unforeseen circumstances or extra payment due to changes in contractual obligations during the previous payment period; and v. Payments may be deferred, at the Township's option, until the progress reports are submitted to the Township (payment is Net 30 days) Page 40 of 70 Page 332 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Part III Form of Proposal Form of Proposal Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2E0 RFP#: CS RFP 2021 -03 Strategy Development for Digitization of Records and Information Management Program Documents to Be Enclosed with This Form of Proposal ■ Complete Contents of Proposal ■ Proponents Information Form Signed & Sealed ■ Schedule II - List of References ■ Conflict of Interest Form ■ AODA Declaration ■ Budget Upon Award ■ W.S.I.B Certificate (upon award) ■ Certificate of Insurance (upon award) ■ Other information to be included Page 41 of 70 Page 333 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Proponents Information Form Proponents must complete this form and include with their Submission. Please ensure all information is legible. 1. Company Name 2. Proponent's Main Contact Individual 3. Address (include postal address) 4. Office Phone # 5. Toll Free # 6. Cellular# 7. Pager# 8. Fax # 9. e-mail address 10. Website 11. HST Account # 12. Will you accept payment by YES: O NO. O Visa? Acknowledgement of Receipt of Addenda This will acknowledge receipt of the following addenda and, that the pricing quoted includes the provision set out in such addenda Addendum # Date Received O Check here if no Addendum received. Page 42 of 70 Page 334 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Conflict of Interest Prior to completing this portion of the Form of Proposal, Proponents(s) should refer to the definition of Conflict of Interest set out in the RFP. Check the box that applies: ❑ The Proponent(s) declares that there is not an actual or potential Conflict of Interest relating to the preparation of its Proposal and/or the Proponent(s) do not foresee an actual or potential Conflict of Interest in performing the services required under the Contract. ❑ The Proponent(s) declares that there is an actual or potential Conflict of Interest relating to the preparation of its Proposal, and/or the Proponent(s) foresees an actual or potential Conflict of Interest in performing the services required under the Contract. If the Proponent(s) declares an actual or potential Conflict of Interest by marking the box above, the Proponent(s) must set out below details of the actual or potential Conflict of Interest: The Proponent(s) agrees that, upon request, the Proponent(s) shall provide the Township with additional information on the Conflict of Interest. Page 43 of 70 Page 335 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... To The Corporation of the Township of Oro-Medonte, hereafter called the "Owner": I/We the undersigned declare: 1. That I/We represent that no person, firm or organization, other than the Proponent, has any interest in this Proposal or in the proposed Contract for which said Proposal is made. 2. That I/We declare that there is no perceived, potential, and/or actual Conflicts of Interest relating to the preparation of this Proposal and/or I/We do not foresee an actual or potential Conflict of Interest in performing the services required under the Contract, unless otherwise declared. 3. That this Proposal is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Proposal for the same Work and is in all respects fair and without collusion or fraud. 4. I/We represent that no member of the Council, and no officer or employee of the Owner, is, or has become interested, directly or indirectly, as a contracting party, partner, stockholder, surety or otherwise howsoever in or on the performance of the said Proposal, or in the supplies, Work or business in connection with the said Proposal, or in any portion of the profits thereof, or of any supplies to be used therein, or in any monies to be derived there from. 5. That the several matters stated in the said Proposal are in all respects true accurate and complete. 6. That I/We do hereby propose and offer to enter into an agreement to supply and deliver all materials mentioned and described or implied therein including in every case freight, duty, currency exchange, H.S.T. in effect on the date of the acceptance of Proposal, and all other charges on the provisions therein set forth and to accept in full payment therefore, in accordance with the prices and terms set forth in the Proposal herein. 7. That additions or alterations to or deductions from the said Proposal, if any, shall be made in accordance with the prices stated in Provisional Items of the Schedule of Unit prices in strict conformity with the requirements of the Proposal and all unused monies in Provisional Items shall be deducted from the final cost of the Work and any quantities exceeding those shown shall be added. 8. That this Proposal is irrevocable and open to acceptance until the formal Proposal is executed by the awarded Proponent for the said Work or Ninety (90) Calendar Days, and prices for as long as stated elsewhere in the document, whichever Page 44 of 70 Page 336 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... event first occurs and that the Owner may at any time within that period without notice, accept this Proposal whether any other Proposal has been previously accepted or not. 9. That if the Proposal is accepted, I/We agree that the Contract shall constitute the entire agreement between the parties and shall supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the Proponent and the Owner or any documentation that may otherwise accompany the Work. Any conflict or inconsistency between the components of the Contract shall be resolved, to the extent of any conflict or inconsistency, in accordance with the order of authority stated in Order of Precedence in this RFP. 10.That if the Proposal is accepted, I/We agree to furnish all documentation, security and certifications as required by the Proposal and to execute the agreement in triplicate within seven (7) calendar days after notification of award. If I/We fail to do so, the Owner may accept the next highest ranked or any Proposal or to advertise for new Proposals, or to carry out completion of the works in any other way they deem best and I/We also agree to pay to the Owner the difference between this Proposal and any greater sum which the Owner may expend or incur by reason of such default or failure or by reason of such action as aforesaid on their part, including the cost of any advertisement for new Proposals, and shall indemnify and save harmless the Owner and their officers from all loss, damage, cost, charges and expense which they may suffer or be put to by reason of any such default or failure on my/our part. 11.That I/We agree to save the Owner, its agents, or employees, harmless from liability of any kind for the use of any composition, secret process, invention, article or appliance furnished or used in the performance of the Proposal of which the Proponent is not the patentee, assignee, or licensee. 12. I/We hereby accept and agree that the Total Proposed Price (including HST) as stated in the Form of Proposal will form an integral part of this contract. 13. The Proponent hereby accepts and agrees that the Addenda referred to in this document form an integral part of this contract. Page 45 of 70 Page 337 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... The undersigned affirms that he/she is duly authorized to execute this Proposal. Proponent's Signature and Seal: (I have authority to bind the company) Position: Witness: (If not under seal) Position: (If Corporate Seal is not available, documentation shall be witnessed) Dated at the _ (City/Township) This day of 2021. Page 46 of 70 Page 338 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Schedule I — Budget Strategy Development for Digitization of Records and Information Management Program. The Total Proposed Pricing shall be all inclusive, including but not limited to, mileage, disbursements, and travel time. Description Price Strategy Development for Digitization of Records and $ Information Management Program Subtotal $ HST $ Total Proposed Pricing $ The Total Proposed Price (excluding HST): Dollars in lawful money of Canada. Inserted price in words take precedence over numeric Page 47 of 70 Page 339 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Schedule II - List of References The Proponent shall provide below three (3) separate references other than the Township, having purchased a similar size and design of goods and/or services as specified herein for a previous 5 (five) year period from the issuance of this document. Project Name: Company for whom the work was completed: On the project did your firm act as: Prime Consultant 0 Sub Consultant 0 Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Project Name: Company for whom the work was completed: n the project did your firm act as: Prime Consultant 0 Sub Consultant 0 Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Project Name: Company for whom the work was completed: On the project did your firm act as: Prime Consultant 0 Sub Consultant 0 Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Page 48 of 70 Page 340 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Reference Release Form I (authorized signatory for the Proponent) authorize the Township to contact the person and/or organization listed on the List of References, for the purpose of obtaining information relating to the Proponent and Project. The Township reserves the right to call references if in its sole discretion finds a need to do so. The Township reserves the right to check other references other than listed herein. If the Township is unable to obtain a satisfactory reference or if the reference does not respond to the reference call or if the reference chooses not to comment, the reference will be deemed unsatisfactory. Page 49 of 70 Page 341 of 528 Part IV 12.g) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Deve s >*tor Dig... Part IV Agreement Draft— Amended Upon Award Terms and Conditions of Professional Services Agreement (Short Form) This Agreement made this day of 2021 . Between The Corporation of the Township of Oro-Medonte hereinafter called the "Owner", And hereinafter called the "Proponent" Whereas the Owner has awarded to the Proponent the Proposal for; RFP # CS RFP 2021-03 Strategy Development for Digitization of Records and Information Management Program. According to the terms and conditions herein referred to, the Proponent having put in a Proposal therefore, a copy of which is hereto annexed, which Proposal was accepted by the "Owner" on the; day of 2021. Scope of Work 1. The Corporation of the Township of Oro-Medonte ("Township") hereby retains the Consultant/Contractor to provide the Services as specified below and in the Township's Request for Proposal document ("RFP") under the general guidance and direction of the Township: The Proponent shall provide the Township with details for the Strategy Development for Digitization of Records and Information Management Program as detailed in Part I-Project Terms of Reference Sections 4 through 6 of RFP # CS RFP 2021-03. 2. The Proponent agrees to supply, at its sole cost and expense, all staff, equipment and technical assistance necessary to perform the Services as stipulated herein. Contract Documents and Order of Precedence 1 . The Professional Services Agreement ("Agreement") shall consist of the RFP, the Proponent's Proposal and these Terms and Conditions. In the event of conflicts or inconsistencies between these documents, the terms of these Terms and Conditions shall prevail over the RFP and the Proposal, and the terms of Page 50 of 70 Page 342 of 528 Part IV 12.g) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Deve s >*for Dig... the RFP shall prevail over the Proposal. Fees and Disbursements 1. The Township shall pay to the Proponent as full payment and compensation for the Services an amount not to exceed the upset limit of the Total Proposed Pricing by the Township, including all disbursements but excluding the harmonized sales tax. No payment in excess of this amount shall be made without the Township's prior written authorization. 2. During the term of the Agreement, the prices quoted by the Proponent are not subject to change without the prior written consent of the Township and the Proponent shall not be entitled to any increases in the upset limit or to the prices for any of the individual items. 3. Provided that the Consultant is not in default of its obligations under the Agreement, and provided that the Township does not dispute the invoice submitted by the Consultant, the Township shall pay each invoice submitted within thirty (30) days of receipt. The Consultant shall not be entitled to any interest upon any payments made by the Township beyond the 30-day period. Workplace Safety and Insurance Board (WSIB) 1. The Consultant must be in good standing with the Workplace Safety and Insurance Board and shall furnish the Township with satisfactory evidence, in the form of a valid WSIB Clearance Certificate, prior to commencement of the Services under the Agreement, upon presentation of a final invoice and at any other time during the Agreement at the Township's request. 2. The Consultant shall maintain its WSIB Insurance or pay such assessments as will protect the Consultant and the Township from claims under Workplace Safety and Insurance Act, and, from any other claims for damage from personal injury, including death, which may arise from the Consultant's performance under the Agreement. 3. In the event that the Consultant is not required by law to be registered with WSIB, confirmation of employer's liability insurance in the amount of $2 million ($2,000,000.00) is required. Such coverage shall be confirmed by a Certificate of Insurance. Compliance with Laws 1. The Consultant acknowledges that it is aware of the provisions of the Occupational Health and Safety Act (Ontario), the Environmental Protection Act, the Human Rights Code, the Pay Equity Act (Ontario), and any other applicable Federal, Provincial, and/or Municipal statutes, regulations, policies and guidelines thereunder and agrees to comply with, and cause to be complied with, the provisions thereof as such statutes, regulations, policies and guidelines may be amended or replaced from time to time. 2. The Consultant shall do, shall cause to be done, shall refrain from doing, and/or Page 51 of 70 Page 343 of 528 Part IV 12.g) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Deve s >*for Dig... shall prohibit from being done, any act or thing as directed by the Township if, at any time, the Township considers that any situation or condition is unsafe, damaging to the environment or contrary to the provisions of any applicable statutes, regulations, policies or guidelines. Records and Audit 1. The Township shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to the Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of the Consultant, including, but not limited to those kept by the Consultant, its employees, agents, assigns, successors and subcontractors. The Consultant shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract or agreement and for at least two years following the completion of the Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the Township, through its employees, agents, representatives, contractors or other designees, during normal business hours at the Consultant's office or place of business. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in the Township of Oro-Medonte, Ontario, which is convenient for the Township. Use of Work 1 . Notwithstanding any other provisions of the Agreement, the Township shall have the right to take possession of, and use, any completed or partially completed portions of the work. 2. The Township shall retain exclusive ownership in all components and deliverables created solely under this Agreement and shall own any copyright and patent directly related to and developed solely pursuant to this Agreement. Quality Control and Quality Assurance 1. The Consultant warrants that it shall perform the Services with the requisite degree of skill and competence to satisfy the Township's requirements as stipulated in the Agreement. 2. The Township reserves the right to monitor the performance of the Consultant and to issue directives to the Consultant to remedy any condition which the Township considers to be detrimental to provision of the Services, which the Consultant shall be required to carry out within the timeframe stipulated by the Township. 3. At any time during the course of the Agreement, the Township may direct the Consultant to immediately remove a staff member and replace them with another staff member acceptable to the Township. Page 52 of 70 Page 344 of 528 Part IV 12.g) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Deve s >*for Dig... Changes and Alterations and Additional Services 1. The Consultant shall not change or deviate from the scope of Services without the prior written consent of the Township. In the event that the Consultant undertakes a change or deviation in the scope of Services without the prior written consent of the Township, it shall not be entitled to any additional payments. Assignments and Subcontracts 1. It is understood and agreed that the Consultant will be an independent contractor and that the employees or agents of the Consultant will perform all services offered. Subcontracting agreements made by the Consultant will not release the Consultant from any obligation to the Township with respect to the performance of its obligations under the Agreement. 2. The Township must grant prior written approval for any assignments and all sub- contracts which may be granted on such terms, as the Township deems advisable. The Township's consent to any assignment or subcontract shall not release the Consultant from its duties and obligations under the Agreement. Damages and Set Off 1. If the Township should suffer damage because of any wrongful act or neglect of the Consultant or of anyone for whom the Consultant is responsible in law, then the Township shall be reimbursed by the Consultant for such damage. 2. Services which have not been performed to the Township's satisfaction in accordance with the Agreement, whether the result of poor workmanship or through carelessness or other acts or omissions of the Consultant or any of its subcontractors, shall be promptly rectified in accordance with the Agreement at the Consultant's expense. 3. In the event that any portion of the Services is not performed in accordance with the Agreement or is not satisfactory to the Township, the Township may retain, as a holdback, an amount equal to the Township's estimated cost to perform the Services in a satisfactory manner, until the Services have been completed to the satisfaction of the Township. 4. In addition to the rights set forth above, the Township shall have the right to set-off against the monies due or which may become due to the Consultant under the Agreement, any amounts owing by the Consultant to the Township. Suspension or Termination 1. The Township may, at any time by notice in writing to the Consultant, suspend or terminate the Services, or any portion thereof. Upon receipt of such notice, the Consultant shall perform no further Services and shall not be entitled to any payment for additional work beyond that date, nor for lost profits or any consequential damages as a result of the termination. Page 53 of 70 Page 345 of 528 Part IV 12.g) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Deve s >*for Dig... 2. In addition to the above, if the Consultant should become bankrupt or insolvent, or if a receiver is appointed because of its insolvency, or if the Consultant transfers, assigns or otherwise disposes of its interest in the Agreement or any part thereof without the prior written authority of the Township, the Agreement shall terminate as of the date of the any such event and the Township shall pay for the Services rendered and disbursements incurred by the Consultant to the date of termination. 3. Upon termination of the Agreement, all documentation relating to the Project shall be delivered to the Township including all work product, drawings, paper and electronic files, and the Consultant shall not be entitled to payment until it has provided the Township with all such documentation. 4. All duties and obligations of the Consultant with respect to Services provided up to and including the date of termination shall survive termination of the Agreement. Indemnification 1. The Consultant shall indemnify and save harmless the Township, its directors, officers, council members, partners, agents and employees from and against all claims, demands, actions, losses, expenses, suits, proceedings, costs or damages of every nature and kind whatsoever which the Township, its directors, officers, council members, partners, agents and employees may suffer as a result of the acts, error or omissions of the Consultant, its employees, officers, subcontractors or agents in the performance of the Agreement, including, but not limited to any suits or proceedings (including by any government agency) arising as a result of any violation or alleged violation of any statutes or regulations, policies and guidelines thereunder, and any legal costs associated therewith. Insurance 1. Without restricting the generality of the section on Indemnification, the Consultant shall obtain, maintain, pay for and provide evidence of the following insurance coverage, taken out with insurance companies licensed to transact business in the Province of Ontario and not otherwise excluded by the Township's Director, Finance/Treasurer/Deputy CAO: a) Commercial General Liability Insurance Commercial General Liability ("CGL") Insurance shall include as an additional insured, the Township of Oro-Medonte, with limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence for bodily and personal injury, death and damage to property including loss of use hereof. b) Automobile Liability Insurance Automobile Liability Insurance in respect to owned and non-owned vehicles shall have limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence and shall protect against all liability arising out of the use of Page 54 of 70 Page 346 of 528 Part IV 12.g) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Deve s >*for Dig... owned or leased vehicles, used by the Consultant, its employees or agents. c) Professional Liability Insurance Professional Liability Insurance shall have limits of not less than two million ($2,000,000.00) inclusive per claim, covering services or activities that are professional in nature and thereby excluded under the CGL policy. The form of all insurance to be provided herein, shall in all respects be satisfactory to the Township's Director, Finance/Treasurer/Deputy CAO and shall be maintained continuously from either the commencement of the services or the signing of the Agreement, whichever is sooner. The policies shall be endorsed to provide the Township with not less than thirty (30) days written notice in advance of cancellation, change or amendment restricting coverage. Confidential Data 1 . The Consultant shall not divulge any specific information as confidential, communicated to or acquired by it, or disclosed by the Township in the course of carrying out the Services provided for herein. No such information shall be used by the Consultant on any other project without the approval in writing of the Township. Claims and Disputes 1 . Should the Consultant wish to claim additional compensation arising out of a change to the scope of Services or for any other reason, it shall provide the Township with written notice of this claim within five (5) business days of becoming aware of the claim, failing which, it shall not be entitled to any compensation for such claim. In the event of any claims or disputes between the parties, the Consultant will continue to perform the Services without interruption, if so directed by the Township, pending the resolution of the claim/dispute. General Requirements 1. Time shall be of the essence of the Agreement. 2. Any notice given pursuant to the Agreement may be delivered by facsimile transmission, electronic mail or mailed by prepaid registered mail to the addresses designated by the respective parties. If delivered, the notice is effective on the date of delivery, and if mailed, the notice is effective on the fifth (5th) business day following the day of mailing. 3. The Agreement shall ensure to the benefit of, and be binding upon, the Township, the Consultant, their heirs, executors, administrators, successors and permitted assigns. 4. The Agreement constitutes the complete and exclusive statement of the agreement between the parties, which supersedes all proposals, agreements, arrangement or understandings, oral or written, and all other communications between the parties, relating to the subject matter of the Agreement, except as Page 55 of 70 Page 347 of 528 Part IV 12.g) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Deve s >*for Dig... referenced in, and made part of, the Agreement. 5. The Agreement may be modified only by a written amendment signed authorized representatives of both parties. 6. The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario. In witness where of the parties hereto have hereunto set their hand and seals on the above date. Proponent Signed, Sealed and Delivered in the ) By: presence of(if practical); ) Position: (I have authority to bind the Company) Witness: (If not under Seal) Owner Per: Witness ) H.S. Hughes, Mayor Per: Yvonne Aubichon, Clerk Page 56 of 70 Page 348 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Part V Appendices Part V Appendices Proponent Payment Information Accessibility for Ontarians with Disabilities (AODA) Contract Change Orders Letter of Credit Notice of "No Proposal" Submission Label Page 57 of 70 Page 349 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Part V Appendices Payment Information Vendor Name: Please Note: The Township currently uses a Direct Deposit form for payment. If you are the successful Proponent, we will provide you with link at that time. Alternately, to ensure the accuracy of our account information, you must attach a void cheque and complete the following financial information: Name of Financial Institution: Address of Financial Institution: Account Information: Bank Code Transit Number Account Number Remittance Information Contact person: E-mail address: Name: Title/Position: Phone: ( ) Fax: ( ) Signature: Date: Page 58 of 70 Page 350 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Accessibility for Ontarians with Disabilities (AODA) The Accessibility for Ontarians with Disabilities Act, 2005 and Regulations under this Act were enacted to improve accessibility for persons with disabilities. This legislation applies to public sector organizations such as the Corporation of the Township of Oro-Medonte as well as to private companies and organizations that provide goods and services on behalf of the Township. The Township of Oro-Medonte is committed to ensuring legislative compliance and providing persons with disabilities consistent opportunity and access to Township goods, services, and facilities. Accordingly, the Township has adopted policies, procedures, and practices that address integration, independence, dignity, and equal opportunity. The Accessibility Standards for Customer Service Regulation (O. Reg. 429/07)was developed to ensure that all customers can access goods and services and that their individual disability needs are met while accessing an organization's goods and services. This Regulation requires that obligated organizations ensure that every person who deals with members of the public or other third parties on their behalf, whether as an employee, agent, volunteer, or otherwise, receives training. The Regulation outlines the required training components. All public sector and private organizations were required to comply with this Regulation by January 1 , 2012. The Integrated Accessibility Standards Regulation (O. Reg. 191/11) includes requirements for information and communication, employment, transportation and the design of public spaces in the built environment, as well as general accessibility requirements. Public sector organizations and private businesses must comply with this Regulation. Commencing in 2014, organizations must ensure that training is provided on the requirements of this Regulation and the Ontario Human Rights Code as it pertains to persons with disabilities to all employees, volunteers and those who provide goods, services or facilities on behalf of the organization. The Township of Oro-Medonte and all agents and contractors must comply with the OADA and its Regulations. Failure to comply with the Act may result in administrative penalties pursuant to Parts IV and V of the Act. The Township may request that agents and contractors provide records of training and confirmation of compliance with the Act and its Regulations. Links are provided below to assist with compliance. Your co-operation and support are essential to increasing accessibility for persons with disabilities. Page 59 of 70 Page 351 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... AODA Declaration Form I, the undersigned, in submitting the Accessibility Compliance Form (thereinafter "form") to the Township of Oro-Medonte do hereby make the following statements that I certify to be true and complete in every respect. I certify, on behalf of (Corporate Name of Proponent, thereinafter "Proponent") That 1. I have read and understand the contents of this form; 2. 1 understand that if this form is found not to be true and complete in every respect, the Corporation of the Township of Oro-Medonte has the authority to discontinue the services of the Proponent; 3. 1 am authorized by the Proponent to sign this form and to submit the form on behalf of the Proponent; 4. 1 acknowledge that as a vendor of the Corporation of the Township of Oro- Medonte that I/we are required to comply with the Accessibility for Ontarians with Disabilities Act, 2005 and all Regulations under this Act, as amended from time to time; 5. 1 declare that I/we have reviewed, understand and will meet all accessibility Acts and Regulations, as amended from time to time; 6. 1 declare that I/we will undertake to ensure that all employees, agents, sub- contractors, and volunteers hired by the Proponent in completion of our work will also comply with accessibility legislation. Proponent's Signature: (I have authority to bind the company) Position: Dated this day of 2021. Page 60 of 70 Page 352 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Contract Change Order Sample f..i,.f ff...r.i•.f..rn,,.1.yin,.. CONTRACT CHANGE ORDER NO. ❑ DESCRIPTION: PURCHASE ORDER No.: REQUESTED BY: DEPARTMENT: The following description of work(s)and/or material(s),associated cost(s) have been approved and agreed upon by both signing parties; The authorized changes,as stated,are subject to all provisions of the contact: 1. Revised Contract Price $ 2. HST $ 3. Sub Total Extra's $ With a completion and/or delivery date of / weeks. Made this day of 20 Original Contract Price: $ THE ABOVE MENTIONED CONTRACT IS HEREBY AMENDED BY SUM OF: With a completion and/or delivery date: The Corporation of the Township of Oro-Medonte Consultant/Supplier PER: PER: POSITION: POSITION: Page 61 of 70 Page 353 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Instructions for Use for Change Orders (if applicable) 1. This form is to be used for all changes in the work that involve changes in price including any such changes covered by Certificates of Equality. 2. All additional or extra work and changes in the work must be authorized by the Owner. Cases may arise when instructions on changes must be given to the Contractor right away to avoid damage or expensive delay. If the change is of a minor nature, the Resident Engineer or Inspector may proceed but should inform the Owner's Project Manager without delay. If the proposed change is more costly or if there is doubt about its desirability, it should be cleared with the Project Manager by telephone. Whenever possible, the price should be agreed upon prior to the commencement of the work. 3. A change in the amount of a unit price item in the Schedule of Items and Prices as a result of the measured quantity differing from the estimated quantity does not require the issuance of a change order specifically for that item. The change in amount will be covered by the last (Final Measurement) change order issued for the contract, as explained in para. 11 below. 4. Extra work carried out on the direction of the Owner requires the issuance of a change order. The change order must identify the work and shall give the quantities, prices and amounts involved. 5. When work is to be performed on a cost-plus or unit-price basis and the exact cost will not be known until the work has been completed, the change order should be headed "COST-PLUS" or "UNIT PRICES", as the case may be, and the estimated cost should be shown. The estimated cost is NOT to be included under "Total Additions" or "Total Deductions", nor is the "Balance of Contingency Allowance" or the Contract Price to be changed. When the work covered by the change order has been completed, a further change order is to be prepared giving the final cost. It will be given a new number and this number will be followed by the original number suffixed by "a"; e.g., if the change order giving the estimated cost is No. 7 and if when work has been completed 11 change orders have been issued, the change order showing the completed cost will be numbered 12.7a. 6. Change orders should be set out clearly. If the reason for the issuance of a change order is not clear from the change order itself, one copy of an explanation should be sent to the Owner with the change order. Change orders must state the quantities or estimated quantities involved and must state how the price or prices were arrived at. Quotations obtained from the Contractor or sub- contractors should give adequate breakdowns, and mark-up percentages must be in accordance with the Contract (see Section of the General Conditions Page 62 of 70 Page 354 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... headed "Valuation of Variations."). 7. Only related changes are to be included in the same change order. Unrelated items should be covered by separate change orders. 8. Change orders should be submitted promptly to the Owner for approval during the period of construction and should not be accumulated in batches or have their submission delayed to the end of the job. 9. The Consulting Engineer should give careful consideration to the matter of whether an extension of the Time for Completion should be given on account of a change order. His recommendation should be given to the Engineer when forwarding the change order to approval. If it is difficult or impossible to decide at the date of issuance of the change order what would be a reasonable extension to give, this should be stated and the matter should be discussed with the Engineer at a suitable date. 10. Additional or extra work will be paid for out of the Contingency Allowance without immediately changing the Contract Price. Only when the Contingency allowance has been used up or when the Final Measurement change order is prepared will the Contract Price be changed. 11. On contracts that include unit price items, the last change order issued should be headed "Order No.? (FINAL MEASUREMENT)." The description will be "adjust quantities and amounts of all unit price items in the Schedule of Items and Prices in accordance with the final measurement". The amount of the change order will be the net addition or deduction due to the final measurement, and the Contract Price will be shown in the bottom right-hand corner of the form as "Final" instead of "revised to date". 12.Attached to each copy of the change order should be a copy of the detailed final measurement set out item by item as in the Schedule of Items and Prices showing the estimated quantities, unit prices, amounts, final quantities, final amounts, adjustments in quantities and amounts and the net total of all other change orders approved. This is to be typed on the Owner's "FINAL MEASUREMENT" forms. 13.The Owner will require the original and one copy of the change order. Sufficient additional copies should be submitted to fulfil the requirements of the Consulting Engineer and the Contractor. All copies shall be signed by the Contractor and the Consulting Engineer before being submitted to the Agency. When the change order has been approved, all but the original and one copy will be returned to the Consulting Engineer for distribution. Page 63 of 70 Page 355 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Proposal Irregularities Item Irregularity Response 1 Late Proposals Automatic rejection, not read publicly and returned unopened to Proponent 2 Unsealed Envelopes (Tender or Automatic rejection Other) 3 Amount on deposit cheque incorrect Automatic rejection 4 All required sections of Proposal Automatic rejection unless, in the documents not completed consensual opinion The Finance Department, Director in charge of RFP solicitation, Clerk or Treasurer, the incomplete nature is trivial or insignificant and does not affect the total price. 5 Proposals not completed in Ink, Automatic rejection typewritten or automated printers 6 Incomplete, illegible or obscure bids Automatic rejection or Proposals which contain additions not called for 7 Erasures, alterations, or strike-out May be rejected, unless such changes errors or irregularities of any kind clearly exhibit the Proponent's intent, as such two (2) business days shall be given to rectify 8 Failure to attend mandatory site visit Automatic rejection 9 Proposals received on documents Automatic rejection other than those provided in RFP or requested 10 Pricing or signature pages missing Automatic rejection 11 Part Proposals (all items not bid) Acceptable unless complete Proposal has been s ecified in the request. 12 Documents in which all necessary Automatic rejection Addenda, which have financial implication, have not been acknowledged 13 Documents in which all necessary Two (2) business days to acknowledge Addenda, which have informational content, have not been acknowledged 14 Proposals received on documents Automatic rejection other than those provided in the Form of Proposal by the Township of Oro-Medonte Page 64 of 70 Page 356 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 15 Proposals received without proper Acceptable if officially received on time label used 16 Failure to insert the Proponent's Automatic rejection business name in the spaces provided in the Form of Proposal 17 Failure to include signature of the Automatic rejection person authorized to bind the Proponent in the space provided in the Form of Proposal 18 Conditions placed by the Tenderer Automatic rejection on the Total Contract Price 19 Qualified Proposals (Proposals Automatic rejection unless, in the qualified or restricted by the consensual opinion of The Finance attached statement) Department, Director in charge of Proposal solicitation, Clerk or Treasurer or designates, the qualification or restriction is trivial or not significant and does not affect the total price. 20 RFP clearly states that an award Proposals may be rejected except when the may be made for individual items. RFP clearly states that an award may be made for individual items (contracts such as equipment rental or some material contracts which are in effect several individual contracts combined). 21 Corporate seal or signature missing, Two (2) business days to rectify signatory's authority to bind the Corporation or signature missing 22 Corporate seal and signature Automatic rejection missing; authority to signature missing 23 Proposals Containing Minor Two (2) business days to correct and initial Obvious Clerical Errors errors 24 Proposals Containing Minor Two (2) business days to correct and initial Mathematical Errors errors. The Township of Oro-Medonte reserves the right to waive initialing and accept Proposal. 25 Un-initialed changes to the request Two (2) business days to correct and initial documents which are minor (i.e.; the errors. The Township of Oro-Medonte Proponent's address is amended by reserves the right to waive initialing and overwriting but not initialed) accept Proposal 26 Alternate items bid in whole or in Available for further consideration unless part I specified otherwise in request Page 65 of 70 Page 357 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... 27 Unit prices in the schedule of prices 1 . Two (2) business days to have been changed but not initialed correct initial errors. The Township of Oro-Medonte reserves the right to waive 28 Other mathematical errors which Two (2) business days to initial corrections. are not consistent with the unit Unit prices will govern. prices 29 Pages requiring completion of Automatic rejection information by vendor are missing Note: The above list of irregularities should not be considered all-inclusive. The requisitioning department will review minor irregularities not listed and shall have authority to waive other irregularities or grant two (2) business days to initial such irregularities, which they jointly consider to be minor. Background Documents and Resources (available on Township website or upon request) Page 66 of 70 Page 358 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Appendix A The Township of Oro-Medonte currently holds active physical records in common areas accessible by staff and inactive records in two locations both on and offsite. The Township Administrative Centre basement contains approximately 1000 industry standard storage boxes as well as 870 binding cases containing inactive financial documents. At the present time, the inactive file storage space for the Corporation is extremely limited and demand for file storage space continues to grow. The Records Management Clerk processes all transfers and disposals while the staff have access to inactive files. Disposals include approximately 30 boxes per year and approximately 35 boxes are transferred to Simcoe County Archives for permanent retention annually. The Township has used Laserfiche for several years, primarily as a permanent document repository for minutes, by-laws, staff reports, legal agreements and most currently building permits and drawings. It is not used for the management of physical records. The Clerk's Department uses LaserFiche consistently while the majority of the Township staff use the program sporadically. Electronic Information The application of information management practices has only extended, in part, to electronic records. Email takes upwards of 500 Gigabytes of disk space in the corporate network and PC environment. The volume of e-mails, documents, records and files is growing at an exponential rate thus making Freedom of Information (FOI) process cumbersome and labour intensive. A strategy is required to ensure the Township's corporate records and information are managed effectively while mitigating the risk to the Corporation. The majority of the Township's records are now created electronically and stored in the F drive with many paper documents not being physically stored. Without a retention built in for electronic documents, the Township is not in compliance with the retention schedule. The Township currently does not have an Electronic Document Records Management Systems (EDRMS) in place. The folders on the Network drives are organized to follow the TOMRMS classification system providing for easier access to electronic records. There are no standardized naming conventions for electronic files. Silos of information reside throughout the Township and records are frequently recreated and/or duplicated in multiple areas. This is exasperated by the inability of the Records Management Clerk to conduct routine auditing. Comprehensive polices and procedures related to the management of e-mails are Page 67 of 70 Page 359 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... required to provide the staff a greater understanding and guidance on information that should or should not be retained. In some cases, e-mails are not being saved as corporate records, and remain in individual Outlook mailboxes. It is estimated that the vast majority of e-mails being retained and backed up daily may be transitory. Proper standards/procedures and automation are required to manage electronic records and the electronic management of physical records effectively to reduce work production. If electronic records are to be managed in a consistent, logical manner from creation to final disposition, the establishment of a common set of tools, standards and policies needs to be a top priority. Retention Schedule Management The current retention schedule was approved in 2013 with amendments made to reflect new legislation which includes amendments in 2016. The retention schedule is anticipated to be passed with the updated version in 2021. The schedule addresses all formats of information however it is difficult to apply retention to electronic records in a consistent manner as there are few tools to assist staff and due to the multiple locations where unstructured and structured records are stored. Staff training has been provided regarding official and transitory records and the necessity of purging unnecessary records with some success. Destruction of records based on the current retention schedule is largely observed for hard copy records. Municipal Freedom of Information and Protection of Privacy Act Approximately 35-45 requests for information under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) are received each year. Legislative roles and responsibilities for MFIPPA are generally understood by most employees. Routine Disclosure Plans have been created for the Building and Planning Departments and have resulted in over 80 requests annually. Staff and Training Staff training is conducted by the Records Management Clerk. New staff are required to take training in basic Records and Information Management and those wishing a refresher are encouraged to reach out as well. In 2019, the Records Management Clerk conducted Corporate-wide training sessions in which over 90 staff attended. Page 68 of 70 Page 360 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... Appendix B The Strategy ➢ Identify "Wants" & "Needs" ➢ Compose a Plan of Action to meet those "Needs" ➢ Implementation of Components with Realistic Timeframes ➢ End Product: A fully functional RIM Program for the Township of Oro-Medonte RIM Program Principles ➢ Accuracy ➢ Complete ➢ Accessible ➢ Secure ➢ Preserve the Past ➢ Open by Default ➢ Conduct Business Today ➢ Private by Design What are we looking to do? ➢ Transition from a predominantly paper-based RIM program to a fully electronic RIM program that adheres to RIM's core principles ➢ Develop a compliment of technologies that creates, manages, audits, archives and disposes all electronic records in the Corporation ➢ A staff-centric system with the added benefit of the rules of an Electronic RIM program applied in the background. Physical Infrastructure ➢ Condense physical files: Cleaning up physical files across the Corporation and continue to purge transitory records ➢ Scan Paper Files and Destroy Paper Originals: Not all paper records will be destroyed ex: council minutes Email Management ➢ Deletion of Archived Emails: To be determined with SMT approval ➢ Email Management Policy : Core of policy would be auto-deletion of emails not identified as corporate records after set number of days ➢ Meet with Staff to help Identify Corporate Records in Email: In person/cheat sheet etc. Page 69 of 70 Page 361 of 528 12.q) CS2021-20, Yvonne Aubichon, Clerk re: Strategy Development for Dig... ➢ Set up auto purge of emails not identified as corporate records ➢ Communication to staff regarding purge timeline: Set a date for initial purge; give staff plenty of time to meet obligations under new policy. ➢ New initiative for email management software: An automated way of managing email will be needed as the Corporation continues to grow. Will need to integrated with EDRMS ➢ Purchase Software: A program or a series of tools that handles email management automatically Corporate File Drives Clean-Up ➢ Identify and Remove duplicate/transitory files: Possibly a software purchase ➢ Purge oldest Records on all drives: Low risk/low hanging fruit —will lessen burden on identifying official Corporate Records ➢ Create and Index of Electronic Records Page 70 of 70 Page 362 of 528 n, CAO re: Update on Ctl D-1 9 Actions. a w w 0 W U o TOM x � � a J . Q � U P� is ep YyaM' a { ♦�. jIf F�171Y�.. 9 �1_ i7 V O v S »" .r `l +yr+vw 4 • y � AP 1 7t�1 f' �1r9.t N O N C U) O a Page 363 of 528 13.a) Robin Dunn, CAO re: Update on COVID-19 Actions. w C: 1+ w a) .C) — � I-- O O a) U }'4-0 E Cl O O a) •C E (� O O O 0 0 •X +�N a) a- N -0 � : p O (U O � N r CY) a) O E C O_ 0 (U 0 a) a) O (L)> - -0 Q- 2i i (� U a) N O o Uwe C � V a) O >- Page 364 of 528 13.a) Robin Dunn, CAO re: Update on COVID-19Actions. 10 +� � >� o x � o � U M � U O a C- > a)>1 O CL L CU o � a) > o C- O 4-- a) v o C ) C- CM O C) to � .- ca o � U) cn C) N CO CY) Q p E 'i S 4-0 -0 C N a) 'U • > a) Q V O o � � � a) � � (� E }, cn Cu v -0 p � 4' p .� 0 p 0 - � LO - C/) oN � � > � � � O � o -0 CO F Page 365 of 528 13.a) Robin Dunn, CAO re: Update on COVID-19 Actions. 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O a) +1� O ♦= (n o +o x Ca o O C U 00 � �CO N O O O xC o _m >, > _0 (a C: QLN L -0 a) O U L O Cu _0ocao C: 004- ca � Cu � o � O `~ U U to 4- O (� '> C '> a) > v U) >, p (U O U_ > a)(� � Q O v > o O O LU CU M N > - .c. o 02 � 0) Cu 0 � � U 0) 0 }, a) 0 L tn0 � ) a) c� m a) (n . ♦--j W Page 368 of 528 13.a) Robin Dunn, CLO re: Update on COVID-19 Actions. (_6 )Iwo' w > E � E N � N 0 � 0 � cum Cu 0 O -00 `u0 U > > Cu +� cn Cu E ca 0 � > EI .. � Cu � O Cu cU C > w > •V '— O O -00 -6 0U -0 E EMMONS � U � oCU � 0 cn = a) —0 a� ._ a) 0 Cu ♦"r EUcuo0 CuCu CU QL C: --+ .(, •U O -0 E p 0 CU V CU - '> O •0 - >, j Q Cu E 0 Q- C: � � U CU � '� Q O Q � � � � N >, }' (U O to _O > QL (.) =3 O 0 � � � -00 (� E `� m 0 O > V Page 369 of 528 13.a) Robin Dunn, CAO re: Update on COVID-19 Actions. L � (n O O Cu 10 'L O ' O L Q '> — � •� � o O a) U `� 4—j 4 c� — ca L '� O •L- C: O O CU N (� m U a) a) L > E � w � o OU OWOMI 'V + C 0 cU . � '� 0) p > EMMONS -0 Cu > > 0MINEME j �, m E 0Cu 4-j u) c >% Cu O (j > N � }' O M O O -• O 4- 0 Cu (6 i •� O O .0 .0 Cu 4-j Cn Cn O Co U E o 4— > Q 0 Cu O — > L- � O O Q L O L.L Q U O wo � 0 � Cl) � � a- V Page 370 of 528 13.a) Robin Dunn, CAO re: Update on COVID-19 Actions. _ w O 4— Cu Cu 0 � .> N � U O O � •0 � Q .� O O CT (u E 'U ". in ° U Cu N = to > � to O N ° o Cu 0 -0 Q Cu Q O 4— _ . (6 O a) '— ) 'U U L - •L }' U Q i 4- C i ° o a) O O .� 'L- � O Cu 0 Q i -0 -CU � o o ° o '� o v o wwa) ° � -0 Cu cu � � CU Cu > > >00 > o ° � � -00 - 0 C > ° o ° V — U cn0 L Page 371 of 528 }, 13.a) Robin Dunn, CAO re: Update on COVID-19 Actions. w 'o °) '+ 4- 0- 0 U CU N Cu 0 p •� (nO O 0 O L .0 (U C U , N > 'U O Cu v - � c6 � � 'N -,,e > O � > O 0) N — O — > L L p o a) L � � L � _0 'O O L to (U •- p 0) > O N .O O w E � 0 .5 vCu U 'o O 00 (n 0 -5 Q � 0 Cu Cu 0 C: 0 � O � � .0 U .0 L L U •E U U a) fu V IZ- LL Cu > _ > aj Page 372 of 528 13.b) F12021-14, Janice McDonald, Accounting Clerk re: Statement of Acco... 'Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: FI 2021-14 Council Janice MacDonald Meeting Date: Subject: Motion # August 18, 2021 Statement of Accounts Roll #: Quarter 1 - 2021 R.M.S. File #: Jan 1, 2021 to Mar 31, 2021 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. FI 2021-14 be received for information only. 2. The accounts for Quarter 1 - 2021 totaling $ 13,672,737.38 be received. Background: Following are the statement of accounts for the months of January, February and March. Cheque Registers: AC01166 January 6, 2021 241,832.89 AD00066 January 6, 2021 163,147.82 AC01167 January 13, 2021 29,472.61 AD00067 January 13, 2021 244,746.48 AC01168 January 20, 2021 81,684.44 AD00068 January 20, 2021 60,303.38 AD00069 January 20, 2021 133,732.40 AQ00002 January 27, 2021 2,795.05 AC01169 January 27, 2021 114,785.84 AD00070 January 27, 2021 150,496.75 1,222,997.66 Finance August 18, 2021 Report No. FI 2021-14 Page 1 of 4 Page 373 of 528 13.b) F12021-14, Janice McDonald, Accounting Clerk re: Statement of Acco... AC01170 February 3, 2021 49,261.11 AD00071 February 3, 2021 105,188.08 AC01171 February 10, 2021 535,507.58 AD00072 February 10, 2021 152,939.94 AC01172 February 17, 2021 531,749.01 AD00073 February 17, 2021 282,337.15 AQ00003 February 18, 2021 30,668.51 AQ00004 February 23, 2021 169.94 AC01173 February 24, 2021 53,596.73 AD00074 February 24, 2021 57,973.02 AQ00005 February 24, 2021 50,000.00 1,849,391.07 AC01174 March 3, 2021 22,269.25 AD00075 March 3, 2021 301,926.25 AC01175 March 10, 2021 79,547.51 AD00076 March 10, 2021 716,234.55 AC01176 March 17, 2021 25,429.99 AD00077 March 17, 2021 82,921.14 AC01177 March 24, 2021 266,171.68 AD00078 March 24, 2021 199,704.88 AD00079 March 31, 2021 1,835.36 AC01178 March 31, 2021 13,082.11 AD00080 March 31, 2021 7,270,979.92 8,980,102.64 $12,052,491.37 Payroll: PRO1444 January 2, 2021 237,747.90 PRO1446 January 6, 2021 1,248.23 PRO1448 January 16, 2021 217,471.55 PRO1451 January 30, 2021 221,181.24 677,648.92 PRO1454 February 13, 2021 223,140.79 PRO1459 February 27, 2021 224,766.05 447,906.84 PRO1463 March 13, 2021 227,962.76 PRO1467 March 27, 2021 215,534.25 443,497.01 $1,569,052.77 Finance August 18, 2021 Report No. FI 2021-14 Page 2 of 4 Page 374 of 528 13.b) F12021-14, Janice McDonald, Accounting Clerk re: Statement of Acco... Credit Cards AE01419 January 12, 2021 3156.59 Perto Canada/Dec AE01412 January 27, 2021 387.66 AE01413 January 27, 2021 593.21 AE01414 January 27, 2021 712.75 AE01415 January 27, 2021 2598.09 AE01416 January 27, 2021 1585.06 AE01417 January 27, 2021 1277.99 AE01418 January 27, 2021 1219.98 11,531.33 AE01421 February 12, 2021 3613.75 Petro Canada/Jan AE01424 February 26, 2021 32.61 AE01425 February 26, 2021 6225.93 AE01426 February 26, 2021 2426.68 AE01427 February 26, 2021 476.21 AE01428 February 26, 2021 6984.26 AE01429 February 26, 2021 1522.95 AE01430 February 26, 2021 453.64 AE01431 February 26, 2021 2798.41 AE01432 February 26, 2021 1517.25 26,051.69 AE01423 March 12, 2021 3383.11 Petro Canada/Feb AE01433 March 26, 2021 100.00 AE01434 March 26, 2021 206.89 AE01435 March 26, 2021 1136.79 AE01436 March 26, 2021 2881.45 AE01437 March 26, 2021 1807.86 AE01438 March 26, 2021 911.48 AE01439 March 26, 2021 955.16 AE01440 March 26, 2021 55.43 AE01441 March 26, 2021 2172.05 13,610.22 $51,193.24 Total: $13,672,737.38 Finance August 18, 2021 Report No. FI 2021-14 Page 3 of 4 Page 375 of 528 13.b) F12021-14, Janice McDonald, Accounting Clerk re: Statement of Acco... Analysis: Not Applicable. Financial / Legal Implications / Risk Management: Not Applicable. Policies/Legislation: Not Applicable. Corporate Strategic Goals: Not Applicable. Consultations: Not Applicable. Attachments: Cheque/Deposit Registers — under separate cover. Conclusion: That the accounts for Quarter 1 - 2021 are received. Respectfully submitted: Janice MacDonald Accounting Clerk Approvals: Date Shannon Johnson, Chief Financial Officer/Treasurer August 6, 2021 Robin Dunn, CAO August 12, 2021 Finance August 18, 2021 Report No. FI 2021-14 Page 4 of 4 Page 376 of 528 13.c) F12021-15, Janice McDonald, Accounting Clerk re: Statement ofAcco... 'Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: FI 2021-15 Council Janice MacDonald Meeting Date: Subject: Motion # August 18, 2021 Statement of Accounts Roll #: Quarter 2 - 2021 R.M.S. File #: Apr 1, 2021 to June 30, 2021 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. FI 2021-15 be received for information only. 2. The accounts for Quarter 2 - 2021 totaling $ $11,761,342.87 be received. Background: Following are the statement of accounts for the months of April, May and June. Cheque Registers: AC01179 April 7, 2021 300,878.89 AD00081 April 7, 2021 48,472.47 AD00082 April 8, 2021 865.00 AC01180 April 14, 2021 53,299.61 AC01181 April 21, 2021 691,081.25 AD00084 April 21, 2021 297,000.91 AC01182 April 28, 2021 181,629.75 AD00085 April 28, 2021 156,135.31 1,729,363.19 Finance August 18, 2021 Report No. FI 2021-15 Page 1 of 4 Page 377 of 528 13.c) F12021-15, Janice McDonald, Accounting Clerk re: Statement ofAcco... AC01183 May 5, 2021 102,241.35 AD00086 May 5, 2021 267,140.30 AC01184 May 12, 2021 25,294.71 AD00087 May 12, 2021 116,145.99 AC01185 May 20, 2021 17,477.07 AD00088 May 20, 2021 105,717.44 AC01186 May 26, 2021 32,638.12 AD00089 May 26, 2021 218,285.74 AQ00006 May 27, 2021 245,541.00 1,130,481.72 AC01187 June 2, 2021 280,720.88 AD00090 June 2, 2021 424,157.81 AC01188 June 9, 2021 59,603.41 AD00091 June 9, 2021 415,670.82 AC01189 June 16, 2021 35,568.27 AD00092 June 1612021 180,533.56 AC01190 June 24, 2021 17,554.05 AD00093 June 24, 2021 5,965,251.27 AC01191 June 29, 2021 91,997.58 AD00094 June 29, 2021 84,735.67 7,555,793.32 $10,415,638.23 Payroll: PRO1471 April 10, 2021 222,454.97 PRO1475 April 24, 2021 216,744.25 439,199.22 PRO1479 May 8, 2021 212,636.84 PRO1483 May 22, 2021 211,419.86 424,056.70 PRO1488 June 5, 2021 221,088.93 PRO1491 June 19. 2021 212,351.83 433,440.76 $1,296,696.68 Finance August 18, 2021 Report No. FI 2021-15 Page 2 of 4 Page 378 of 528 13.c) F12021-15, Janice McDonald, Accounting Clerk re: Statement ofAcco... Credit Cards AE01444 April 14, 2021 $3,805.40 Petro Canada - March AE01445 April 26, 2021 $210.00 AE01446 April 26, 2021 $29.38 AE01447 April 26, 2021 $5,730.99 AE01448 April 26, 2021 $1,246.98 AE01449 April 26, 2021 $890.49 AE01450 April 26, 2021 $1,571.55 AE01451 April 26, 2021 $217.00 AE01452 April 6, 2021 $4,218.47 AE01471 April 26, 2021 $1,597.17 $15,712.03 AE01454 May 26, 2021 2527.19 AE01458 May 26, 2021 891.95 AE01459 May 26, 2021 1763.82 AE01461 May 26, 2021 3092.87 AE01466 May 26, 2021 1107.4 AE01467 May 26, 2021 2372.38 AE01468 May 26, 2021 377.73 AE01469 May 26, 2021 2240.75 AE01470 May 26, 2021 3271.01 AE01472 May 26, 2021 250.00 AE01473 May 26, 2021 1389.14 AE01474 May 26, 2021 19.45 AE01475 May 26, 2021 154.00 AE01476 May 26, 2021 1624.91 AE01465 May 26, 2021 1816.75 22899.35 AE01455 June 28, 2021 45.20 AE01456 June 28, 2021 831.51 AE01457 June 28, 2021 95.38 AE01462 June 28, 2021 5289.24 AE01463 June 28, 2021 3661.45 AE01453 June 28, 2021 473.80 10396.58 $49,007.96 Total: $11,761,342.87 Finance August 18, 2021 Report No. FI 2021-15 Page 3 of 4 Page 379 of 528 13.c) F12021-15, Janice McDonald, Accounting Clerk re: Statement ofAcco... Analysis: Not Applicable. Financial / Legal Implications / Risk Management: Not Applicable. Policies/Legislation: Not Applicable. Corporate Strategic Goals: Not Applicable. Consultations: Not Applicable. Attachments: Cheque/Deposit Registers — under separate cover. Conclusion: That the accounts for Quarter 2 - 2021 are received. Respectfully submitted: Janice MacDonald Accounting Clerk Approvals: Date Shannon Johnson, Chief Financial Officer/Treasurer August 10, 2021 Robin Dunn, CAO August 12, 2021 Finance August 18, 2021 Report No. FI 2021-15 Page 4 of 4 Page 380 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council anzo ... Township of R epoft I Proud Heritage, Exciting Future Report No. To: Prepared by: CS2021-21 Council Vanessa Cooper, EA Mayor and Council & CAO Meeting Date: Subject: Motion # August 18, 2021 Corporate Projects Status Update — May, June 2021 Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. CS2021-21 be received. Background: As requested by Council and identified in Report CSI 2013-05, Township staff commenced reporting on Corporate Project Implementation in October 2013. This report provides Council with snapshot details of both capital project implementation as well as other projects of significance to the municipality. As identified at the June 22, 2016 meeting of Council, the structure has been reduced to show a one-year rolling report, with the history retained on the website within previous Corporate Projects Status Update reports. Attached as Appendix A is the May, June 2021 Corporate Project report. Analysis: Not applicable. Financial / Legal Implications / Risk Management: Not applicable. Corporate Services August 18, 2021 Report No. CS2021-21 Pagel of 2 Page 381 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council an... Policies/Legislation: Not applicable. Corporate Strategic Goals: Enhanced Communications and Customer Service Consultations: Senior Management Team Project Managers Attachments: Appendix A: Corporate Project Tracking — May, June 2021 Conclusion: That the update on corporate projects be received for information. Respectfully submitted: Vanessa Cooper Executive Assistant, Mayor and Council & CAO Approvals: Date Donna Hewitt, Director, Corporate Services August 10, 2021 Robin Dunn, CAO August 12, 2021 Corporate Services August 18, 2021 Report No. CS2021-21 Page 2 of 2 Page 382 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council an... O� U N S� U U O C j (Q N p ca O 4— C E �Q CU" � -0 o �E pa•+ vi m -0 -0 � o o n O U OOC (6 O U o (B� Q O i L 4)oQ N N .LQ 0 � E 0m . O N° a' o7 > — cO � � 5 +� i Q m U) (U LO � c � CO C O o o7 0- tq U � � t� L O ^�,, ^�,, ^�^'' O O +, ( (CU O a-+ 0 to U W L � L Q W •L W W O U V � L 7 _ E O U O N v> � U N O v U � N cU m o ca tQ " C. 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M " M_ C E O (D N L cB Q Y a) a) LO a) N a) O ~ L � N� N L (Q (D (Q ��' A �a, n L 0) (B O W (Q '� W L L L L O Lo Q c E r � .2 O O-) O O a) c a) U N 0 a) " 0 U = 0- E QO O N 0 w OOU OO N L N O (Q O 0 0 U) (B ate+ � � � N cC O O � Q � O U L a) Z3 a) a) to a) a) 3 O U N a) a) N N c O C W "0 cm -0 O M r/�� O O d; U cu a) +' U a) E .� m (Q U U .L = QL QLUU = r N 0 O N O >, O O O 0 O O >� O O O 'i O j O j 0 0 i� '- p O U- U (n � (n (n � 0Ucn (nZ � = a. w � > Z zU) NOZ O Z OZZa Na- O O O O N N N N O O O O N N N N W W a n Q N -0 N -0 N -0 ^, AIL^'' O ^' AIL, O` ^' AIL, O\ ^, W (D /� V•1--J W / V1--J � L r Q � L r Q a) EO mN r a) EO (BNr a) EO (BNr a) (n N Z3O N N SON N SON (n O L N O L N O N L N O 0 � 1� NI,, + > C) � m . 1� NI`` Z ^L I Q W Z ^L LL L W Z ^L I..L L W _ W _ W _ _ (D _ L -0 L -0 �< L _ O a) � L / O � L ` O 00 2 00 22 00 � :Em O N N 0 0 a) E 7FD E 7FD E O O O U_ `1 U_ `—e U_ `1 2 � � E —(U) Q Q L O (a O N O E _ m = = r � U- a Page 410 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council an... m O _0 cLCO (D QY - N L � mC � E E � O O(D (a N 0 E � O ° O0 o � - 0 QUO aa)a - ) c� O0 a_ a_ L % j EQ.� Q U O U O L O (n O (Q N a) 0 CM (n Q i 'O a) a > o s 70o- n N � U - _ .c- omE � o �� arZ L N L N N F• VI 51 � W (W.� L_ L cB >, O O O 0 Q m q L L N m to U N N �O -0 O E �O N (Q (Q a) -0 � 0 a.+ = U � +� M 0)(n Q+� L HUCm �' d � c N (ten 0) 0 .0 + EM O a) Q �'U E cw W (B (B (a V (B 'cB (D N (n (B vi ; = (n > U � cB EP E 0 � m E oo .cw E Q— m mOL (n N � m L m � 0 0 a Q � � zzZm0 U- U- ° iiC� . C� z v U acna- U (DU- 0cnzQ o aim a O O N N O O N N L L N -0 N -0 N O E O O N i N L N � L r E O (0 O N O E O (0 O N N E O m O N a) N LNO a) N LN O ON LN a OON N +' OON N } OON N Z N LL Q Z N U- Q Z_ N U- _a Q Q � m 00 � O 0 00 a) a) a) mE mE mE U Y U_ Y U_ Y CO L o N 0 a.+ cn aE EN to i C m i 0 0 m o p .a) 2UUa Fcn 0LL. Page 411 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council an... 'V 0 N N 0 a) O r O L Q Q > N O C N N O) a) Ui> N (Q cC a) > m to ^, CU a) O V(B a Q}O(Q a -0 -0 O 0 0) 0 Em x CU a) 0� ,Q O � U O � "a 4t o Ua a) cai � tQL >O a, 0 0) a) a) O � M CO cOLB CU U � t E (6 E! —C �rC 00 Un m E U U OV C14 L cn NO � Z 0 -0 ocn cNa � Z Z � zQ U CL Cza- a ° ii wU �U 0 0 N N O O N N L L^' �L^♦' -0 N Q N -0 N E O E O E O N N N m �- (n a) ON � O N o a) ON mON U) E � O N a- > p N N a- > p N C) N O — N — N ZN LL Q M ZNLL Q41 � Z L LL Q 41 a, m _ 0) m _ c o, m c O U L ^ >1 O U L ^ >1 O (.� L U a) COCO m U a) CO U a) CO (B m 00 � � 2 � 00 22 00 r) (L) r) (L) o a) a) a) E = O O O O U 1 O U 1 U_ 1 of CO Q Q L � 7 v v 0 L m E cL cn (n U cn 0 0) Page 412 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council an... O — +� tq O N �_ O O a) O > O Z O Ko N cB � m ° z E +� ten. iT Q �+ _ m a)� O m U ,F (n " . Co �O N dj p O J U cC N cB ( > Q +, O O N J n � ° �' � COm o O 0) ) cn a�a Q N I O O to Q N (B O C m O L (Q L a) O > a) O O 04 O m N cn m cn a) � C O 70 m H ' a) >, >% m C) 3 3 U c a) O a) O O O O Q-0 L to a N �+ r O = J O L O (B -0 O -0 N CU p Y (II (Q a) a) a) a) c N cC a) a) cn a) N O O Q to a) N ECL — w a) c N E N O+.+ _ a) _ to OL L c L aC 1 N a r YQ O O W a >C ° � O n o a0 a) 0 a) a) a) O CL r M 2 ( E U_ m a) E VN C NZ a) �� _ O -E of N O N L r r m (V r N O N O L N O N N — N a) U- C a) 0 v� � o mE U Y Co J � 0 ca —_ N � Q m �a •E _ m N v � m _ � v � Q C O O C VQ � oN � �a cn U) 0- a Page 413 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council an... 2 O N O 0 -0 �=0' � O 00 O Ull V 0 Lv 0 � _ O YUQ O L B O 0 O 2-0 C o .— U - >% o O C - L70 p OO m a E Z`� O o 0- OO S -0 c > o � iO (' QU- W a0+ �-� � UQN m L O UUf to to O U C O O to to O O O = CV = m m a1to } +' O > O Q= 7 '� E (.0 C) UQ N 270 E > O UU = r (ll Ull -0 O _ }' t� /O/ O t 0) 0).O = O O ' -- U= L }, V N I (n L L C U � O = = N — V R C N E + O t U O N SZ O N D > N Q cII +, N U �+ O > = tU 0 o C� O Q to N O O O N O Q O N Q V v 0 L L L c (� >+ O ca L +� Q O V � M C v m 'L �W i 0 w7 a) °' to o � caa a`� C ° v � = m ca to U cB > H O. 3 tZ 3 = w " N U O . �+ •— m m O to .� L o 0) w E to = N o E L E E 0) O N O N � � L N N -0 C) O E N N O N CU O N Ull CV N CV CD U- Q O U- Q O Q = Q = O m UQ L Q UQ UQ C UQ (U a� s� CU s� p 0O 70 J C � CO >, � C O >' C = �O UII (Q (n _ Q Q Q a w_ m t 'N � mr Em wm QV >_ + � = L 3 ULC N O M to ULC CL HWfn = a Jw Page 414 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council an... 0 a) C a 0 o (n 0)0 E � N O ' 2 3 > cn U O O 0 L 0) M U O ° Y _0 �m IIQ o _0 0-) 4— O Ma) O `~ i B L + O Q to O Y N �~ (B 7 N 0_ O U U N L O O L U L O N > (n O N U 0 - O a (B O O (Q O (n O to O O N - O • 7 4 - N m N to O U .— O70 O Q N N N Q .O a) O U O r L O O O +, N O Y •O (B t L � > +, a N U a1 fC C O it E L O -0 >1 to •> N � O L 0 •O)M Q 0 N N 0 N fn +� L L r O c�� o ° � •� w w o SOD om � w ° m m o o � U m � o o0 o0 N O L N N >, L r NON P O N > C) -0 N O N z N LL C O U L >+ 00 Page 415 of 528 13.d) CS2021-21 , Vanessa Cooper, Executive Assistant, Mayor & Council an... L o 0 i > vvi N (C E L C o Q O m m ` M 0 •� �+ 0 - /_ ate.+ O Q � 0 �+ E > L a `� E cVa 'N M _ _ .3 � V `0 O CD � > N O — o i 0 +O+ a M N O N O y 0 a o ca _ a wm = 0 .r i V 'F 00 N O N C 7 O 2 cB C C O 0 Q C O cv O > a � Page 416 of 528 16.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... 11 rAil . Township of � Proud Heritge, Exciting Future Labour Day Holiday Office Closure The Township of Oro-Medonte offices will be closed on Monday, September 6th in recognition of the Labour Day Holiday. The offices will re-open on Tuesday, September 7th for regular business hours. We wish all residents and visitors a safe and happy holiday weekend. Page 417 of 528 16.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... Township Of Proud Heritage, Exciting Future The time for the Wednesday, September 1 , 2021 Development Services Committee meeting has been changed to commence at 4 : 30 p . m . Please refer to the Committee Agenda on the Township's website for further details. Thank you . Page 418 of 528 ZSn So M Severn Sound Environmental Association (SSEA) and re: Quarterly re... Severn Sound Environmental Association r 2021 1st Quarter (Jan. 1 - Mar. 31) Report/Update Staffing/HR Administration,Staffing, Training and Volunteers Staffing • Regular SSEA Staff continue to cover Office Administrative duties as the Office Manager position remains vacant in an effort to minimize costs during the pandemic • Advertised for 10 seasonal and 1 term contract staff positions (hiring pending funding) • Attended 2 virtual job fairs (Georgian Bay Twp and YMCA Employment Centre Midland) Volunteers • THANK YOU - Ice Spotter citizen science participants for submitting ice-off observations 1 1 Ice going out on Lake Couchiching Training/Professional Development • 2 staff members completed Safety on Ice training • 2 staff members completed Conservation Ontario DWSP Climate Change Vulnerability Assessment (CCVAT) Training for Water Quality • 3 staff members completed LabOnline training (Province of Ontario) • 28+ no-cost webinars attended by staff including WSIB Office of the Employer Adviser webinars Education, Engagement, Outreach Presentations,Articles, Media, School Involvement and Events Virtual Presentations • Protecting Pollinators - No-Mow & Reduced Mow Workshop for the Town of Midland • 2 Career talks with Orillia Secondary School students • Presentation to SSEA staff and Board on monitoring program design and rationale 1 Page 419 of 528 16.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... Articles/Publications/News • Annual 2020 Lafontaine weather station Rainfall & Crop Heat Units shared with —120 North Simcoe Soil & Crop Improvement Assoc. members in recent Newsletter • Interviewed by Midland Today for: High water levels still a problem for shoreline residents • SSEA's SSS project January article `Make 2021 Your Year for Climate Action'GB TWP newsletter and via GB TWP and SSS social media channels • SSEA's SSS project February article `Choosing Native Plants' published in GB TWP newsletter and via GB TWP and SSS social media channels • SSEA's SSS project March article `Climate Change and Local Food' published in GB TWP newsletter and via GB TWP and SSS website and social media channels • 2 articles for the Gloucester Pool Cottage Association annual magazine (Water Quality, and Invasive Mussels) Social Media • @severnsoundea Instagram activity: 58 posts, Orr Lake Wintor —� 49 profile visits, 303 total followers O Sampling• @SSEA_SSRAP Twitter activity: 49 tweets, 3651 ; profile visits, and 356 total followers ' • Post topics included: Invasive Species Week, y World Water Day, Citizen Science: Ice Spotters & ~� Invasive Species Spotters, Healthy Soils=Healthyaf} tip' Watersheds Program, Drinking Water Source Protection, and links to resources • Web Site Activity: 3,923 users visited www.severnsound.ca Collecting temperature and oxygen measurements on • YouTube channel: 19 total subscribers Orr Lake— video on YouTube • 2 new SSEA informational videos uploaded to SSEA YouTube channel: Orr Lake Winter Sampling, Prevent Invasive Species by Boot Brushing, plus Protecting Pollinators - No-Mow& Reduced Mow Workshop (Town of Midland) Events/Meetings/Conferences • SSEA Agriculture Advisory Committee & ED met with Senator Rob Black • 2 jobs fairs; Midland YMCA and Georgian Bay f.. Township • 2 abstracts accepted to present at National f Monitoring Conference and International Association for Great Lakes Research • Attended: 16 virtual conferences, workshops and events • Attended: Midland Technical Review Committee (3), Nature Canada Reforestation Network, Springwater Agricultural Advisory Committee, SSEA Ag Committee Meeting with Senator Black Watersheds Canada Planners Session, Georgian Bay Biosphere Integrated Community Energy and Climate Action Plans (ICECAP), Climate Change Exchange, Climate Change Charter Working Group, Official Plan Review Kickoff Session (Township of Severn), Georgian Bay Township Sustainability Department Team (6), Great Lakes Network, Fisheries Stewardship Framework • Staff organized/hosted 2 Bee City Team meetings with the Town of Midland 2 Page 420 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... Inquiry Responses • 8 inquiries from municipal partner representatives (excluding SSS & SWP & land use planning) • 25 inquiries from members of the public or contractors working on behalf of landowners and external organizations/agencies (excluding SSS and source water inquiries) Tree Planting Planting and Distribution Community Tree Planting & Tree Seedling Distribution {: • In planning stages for spring 2021 tree seedling distribution program, 12,400 trees purchased Tree Seedlings Fish and Wildlife Habitat / Natural Heritage Natural Heritage Assessments, Invasive Species, Wetlands, Habitat and Stewardship Invasive Species • Development of new citizen science program Invasive Species Spotters with 21 volunteers signed up to monitor Gypsy Moth h • Presented at Gypsy Moth Technical Webinar hosted by the Township of Tiny with over 130 participants ` • Updated Invasive Species page SSEA website f • Produced Invasive vs Native Maple factsheet • Participated in Ontario municipal invasive + , species community of practice meeting • Contributed photos and expertise to the Ontario -' Invasive Plant Council's Technical Bulletin on Himalayan Balsam and Phragmites Gypsy Moth Webinar Land Use Planning Input and Review Plan Input • Commented on 36 applications, reports and Environmental Impact Studies • This is a 250% increase in the number of land use planning reviews over Q1 of 2020. Policy Input • Participating in Official Plan Reviews for Springwater and Severn • Commented on proposed Canada Water Agency • Commented on Lake Simcoe Protection Plan 3 Page 421 of 528 16.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... Drinking Water Source Protection Drinking Water Source Protection, Risk Management Services Drinking Water Source Protection • Continuing to support municipalities in updating Assessment Reports for new or changing water systems in Oro-Medonte, Severn, and Midland • Assisted municipalities in meeting their February 1, 2021 annual reporting requirements • Attended 7 regional or provincial meetings on various topics such as communications, assessment report up-date requirements, Source Protection Committee meetings, and risk management topics specific to the drinking water source protection program • Conducted a Drinking Water Source Protection 101 workshop for municipal staff(primarily planners) • Negotiated 2021/22 work plan and funding ask with the Province Risk Management • Commented on 33 development applications (this is a 266% increase in the number of reviews over Q1 of 2020) answered 8 inquiries, sent out 2 Draft Risk Management Plans, and attended 1 pre- consultation meeting. Monitoring Programs Field/data collection: Open Water, Inland Lakes, PGMN, PWQMNAributaries, Stream Temperature,Stream Invertebrates and Climate Adapting to COVID-19 Challenges Update: The MECP labs in Rexdale and Dorset remain open to accept samples. Monitoring programs continued over this quarter with all necessary precautions. Open Water/Intakes • Completed 3 water quality sampling events at the raw water intakes in Tay Area and Rope Ann Subdivision Inland Lakes • One winter sampling run (through ice) was Through-ice sampling on Orr Lake completed on Orr Lake Climate • data downloaded and interpreted from 3 air temperature loggers, (1) at Midland Sewage Treatment Plant and (2) Huronia Airport. • 5 rain gauge data downloads and interpretation completed. (Huronia Airport, Midland Waste Water Treatment Center, Pinegrove, Ingram Sideroad and the SSEA Office) • 2 weather station checks completed and 3 months of data downloaded from the Midland Waste Water Treatment Center Weather Station (a partnership between SSEA, Midland, Tay and Penetanguishene.) 4 Page 422 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... Stream Temperature • data converted and interpreted for 39 stream temperature loggers for use in classifying stream thermal stability • Thermal stability classifications completed for multiple locations along the Coldwater River, Sturgeon River, North River, Avon River, Silver Creek, Wye River, Copeland Creek, Lafontaine Creek and Hogg Creek Stream Invertebrates • 1,800 "bugs" identified from 15 samples from Sturgeon River and Silver Creek Provincial Water Quality Monitoring Network • 3 sampling runs completed at 14 sites throughout the watershed • Field parameters, chemistry and metal samples collected 4 .S. .r �. , AV _ 'r Downstream PWQMN Sample Site Upstream Silver Creek, Township of Severn Citizen Science • Social media promo and e-blast for Ice Spotters Program; added 3 new volunteers • Compiled Ice Spotters data for 2021 ice off- early ice out for all Severn Sound area lakes observed • Draft data report for Shore Watch and Stream Watch • e-Blast for Stream and Shore Watch Programs • Researched new technology to develop apps for data entry • Addition of new citizen science program Invasive Species Spotters Sustainable Severn Sound Special Project Climate Change Action Plans, Partners for Climate Change Protection (PCP)Program • Review and analysis of received (75%) energy and greenhouse gas (GHG) data information requests from 6 municipalities (21 staff), 5 external energy service providers and 1 Ontario government agency • Entered, received GHG results/analysis into online Partners for Climate Protection (PCP) program online tool to acquire 3rd party review • Provided Bee City Team administration services to the Town of Midland to acquire the approval of their Bee City Canada program application and facilitated 2 Bee City Team meetings 5 Page 423 of 528 16.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... • Organized and hosted a Municipal Workshop (re: Strategic Mow, Bee City, Pollinators) for the Town of Midland (34 attendees), welcomed experts from Bee City Canada, Pollinator Partnership Canada, municipal guests from Barrie, Guelph and Hamilton • Responded to 6 municipal partner requests for best management practice review, funding opportunities, partnership development, climate action plan/PCP program and/or GHG information, and 13 requests from external municipalities, organizations, persons and/or agencies • 2 blog articles for SSS website including: Midland Launches Strategic Now Mow Pilot and Food and Climate Change Data Analysis and Reporting Statistics, Data Management& Analysis, Stream Invertebrate ID, and 2020 Crop Heat Units at Monpiero Farms, Lafontaine Ontario GIS/Mapping 35 35f19 —LA Crop Meat Unlls(CHU) —Acdanxelated CHU 30M 30 Reporting 25 25M • Annual 2020 Invasive Species Reports distributed to municipal �° 2°°° staff o 15 5U0 • Draft Stream Benthic 10 1000 Invertebrate Report for the 5 500 Sturgeon River o ° • Provided study design and rationale for monitoring programs P P �' 2020 Dace supported by MECP Dorset lab Crop Heat a nit calouladont Ware based on Daily Mont, Mrmsnly Crop 2020 Monthly Crop Heat Units Max.and Min Air Tempera€ures collected in Heat Units as LaFontaine,al the Monpiero Farm,using a Davis Statistics/Data Management & May 321 ' Vantage Pro 2 Wauther Station.Date from May e , 1st to Oa.30.2020(first occurrence of•2 c or Analysis Jura 598 f sm lower)v used to compile€he results.The July 613 g sao _ calculation method can be found at: nttoiM>'nw.omaf ra.oo1 .on.calenglrsh+cnr nsleuh8t t • Compilation of 2020 Rainfall August +� _ Pouh6t ltht❑pW(Page 25A} September 491 Data & Crop Heat Units for the �'0D - Fa maa voniwaw ataaut ne se✓ar„ October 157 xoct �, SoeNN1 EnwYoarnat#ar nsroctation Visrr Lafontaine Weather Station Total 30M Y JW �� s<,� o_a� • Compilation of monthly Georgian Bay water levels, and regional 2020 Daily Rainfall at Monpiero Farms,Lafontaine Ontario climate data 40 • Tracked historic long-term trends 35 (1996 to 2019) and community 30 structure changes in the j25 Sturgeon River, Wye River, Hogg m 20 Creek, Copeland Creek and i5 Lafontaine Creek watersheds 10 • Trend analysis of long-term 5 water quality data for Coldwater ° River • PWQMN data management 2020 Date • Trialed a new app for entering Mordh Monthly 2020 Monthly Rainfall(mm) Rainfall amounts vrere based on continuous PWQMN field data Rainfall(mmI measuremems recorded at the Lafontaine 160 Ontario,Monpiero Farms,using a tipping • I to Analysis of impact of rainfall on May 52 120 budet o t�so,sa 0wa�s�,roMo plethe Farlain Lake water levels July ne 49 �100 re5ults. July 79 E • Updated trend analysis for open August 143 W ep s eo water phosphorus and waterSepternlow eB 4P - , �ormare tiuwmatton anwifne seven ttn So Octob 100 ar .�a+ard Enuwrxnenrel Asaociavren visit y �, temperature '° -nd�$ Total 4- ° meY .w r :,. �.uuw seo na• cdao� ef' • Updated trend analysis for Little Lake water quality 6 Page 424 of 528 16.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... Partnerships New/Updated NGO partners and MOU's • SSEA ED continues to be a Director on the Huronia Community Foundation, appointed member to the Muskoka Watershed Advisory Group and member of CELA Healthy Great Lakes Advisory Committee • SSEA Sustainability & Climate Action Coordinator and Water Scientist are active members of the GBB's ICECAP and the SMDHU's Climate Change Exchange and Climate Change Charter Working Group • Presentation to Water Frontiers research group at University of Toronto: Challenges and Opportunities for a Delisted Area of Concern to facilitate collaboration • "Meet and Greet" with staff from Watersheds Canada • Discussion and provided letter of support to Wildlands League for Eastern Georgian Bay natural heritage project application • Supported land conservancy discussion with Hogg River landowner • Working with Simcoe Muskoka District Health Unit on co messaging value of water and healthy environment/natural spaces • Providing information to consultant working with Town of Midland on UNESCO GeoPark designation Academia • Initiated dialogue with Lakehead University re: delivering a youth-oriented master naturalist program • Project proposals submitted to Georgian College for Environmental Technology Applied Research Projects (Sources of Sodium & Chloride in the Severn Sound Watershed, Climate Evaluation in Nottawasaga and Severn Sound Watersheds) • Fulfilled data sharing agreement/request from McMaster University • ED presented to University of Guelph Water Resources Management Master class "Environment and Conservation in the Great Lakes: Partnering for Success" Financial Donations, Grants, Budget, Invoicing and Revenue(fee for service) Grants • Successful - Invasive Species Centre microgrant of$1,000 for Invasive Species Spotters project • Successful - Great Lakes Action Fund grant • County of Simcoe funding for SSS sustainability and climate action video series transferred successfully from North Simcoe Community Futures Development Corporation • Applied to federal Canada Summer Jobs program for a variety of seasonal positions • SSEA Applications to TD Friends of Environment Foundation ($8,000) Budget • 2021 Budget Deputation to the Town of Midland Invoicing • Friends of Wye Marsh Invasive Species project • MECP - Healthy Soils=Healthy Watersheds project • Forests Ontario - Subsidy of$0.25 per tree for 2021 Tree Seedling Distribution program Donations —THANK YOU! • Newmarket-Tay Power Distribution Ltd. • In memoriam donations to tree program 7 Page 425 of 528 16.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... Thank you from Team SSEA • Julie Cayley - Executive Director • Judy Limoges —Treasurer (p/t) • Lex McPhail - IT Manager/GIS • Nikki Priestman —Watershed Health Applications Specialist Coordinator • Paula Madill - Ecosystem Technologist • Tracy Roxborough —Sustainability & • Michelle Hudolin - Wetlands & Habitat Climate Action Coordinator Biologist • Tamara Brincat— Invasive Species • Aisha Chiandet - Water Scientist Program Coordinator • Melissa Carruthers — Risk Mgmt. Official/Risk Mgmt. Inspector Disclaimer. TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates sseainfoa-severnsound.ca -www.severnsound.ca 8 Page 426 of 528 C`4��nw 116.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... SSEA Board Meeting Highlights April 26th, 2021 Meeting via video & telephone conference For the full meeting agenda including documents and reports, visit our web site https:Hsevernsound.ca/about/meetings "Office Closed" • Corporate Purchases Policy for use with a Due to the evolving COVID-19 pandemic the corporate credit card SSEA office remains closed to the public. Staff • Shoreline resilience resolution to be will continue to operate remotely and delays in submitted to Great Lakes St. Lawerence our ability to respond to requests should be Cities Initiative Director, Mayor Cornell & expected. As per June 5th 2020 Board distributed to partner municipalities direction, one staff has returned to the office as part of the safe, gradual office reopening. Supported • Staff recommendation to approve the SSEA staff has been successful in Municipal Climate Leadership Committee securing approximately $ 89,000 in grant Terms of Reference, 2021, as part of the funding for 2021 Sustainable Severn Sound special project • $50,000 from Great Lakes Local Action Fund, to be used towards the Healthy Soils Received = Healthy Watersheds in Severn Sound • SSEA 2021 1st quarter report • Approximately $26,900 from Canada • Status update presentations on the Citizen Summer Jobs for 2021 student positions Science and Invasive Species programs • $8,000 from TD Friends of the Environment • Financial updates - 2020 4t" quarter and Foundation to be used for current and new 2021 1 st quarter draft financials citizen science programs • Overview of 2021 Insurance Cost increases • A $1,000 Invasive Species Centre • Status of 2021 Core Operations Budget Microgrant to be used for and invasive Invoicing species citizen science program • Update on the Sustainable Severn Sound • A $2,600 Forest Ontario Grant to offset tree special project Q1 work seedling prices as part of the Tree Seedling • Community Tree Planting and Tree Seedling Distribution Program Distribution program update • An estimated $500-$750 from the County of • Healthy Soils = Healthy Watershed project Simcoe Forestry Grant/MOU to be used for announcement and update SSEA community tree planting activities • An overview of grant applications • A verbal update from the SSEA Executive In brief Director During the meeting the board also; Future meetings and Events Authorized • July 26, 2021 — Second quarterly board • The approval of the 2019 SSEA Annual meeting Report • October 25, 2021 — Third quarterly board • The use of a temporary "step-up" pay for an meeting employee "acting" in a more senior position (ie. ED), at the request of the board or Location to be determined visit Executive Director, for greater than 3 days https:Hsevernsound.ca/about/meetings • Staff to prepare a revised 2022 Draft Budget with a reduced increase over 2021 not to exceed 2 % (current draft 4.1%) 489 Finlayson St. Box 460 Port McNicoll, ON, LOK 1 RO Phone: 705-534-7283 www.severnsound.ca Page 427 of 528 16.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... DRINKING WATER Lake Simcoe V �':SOURCE PRQTECTIQN \.% RegionConservation ACT FOR CLEAN WATER Authority South Georgian Bair Lake Simcoe Source Protection Region Severn Sound Source Protection Authority April 26, 2021 Meeting Highlights Meeting via video & telephone conference For the full meeting agenda including documents and reports, visit our web site https://severnsou nd.ca/about/meetings "Office Closed" have been or are being Due to the evolving COVID-19 implemented. pandemic the SSEA office remains • Approximately 89% of the closed to the public. Staff will continue existing SDWTs have been to operate remotely and delays in our addressed through policy ability to respond to requests should be implementation. expected. As per June 5th 2020 Board • Estimated 119 Risk Management direction, one staff has returned to the Plans remain, as a region, with a office as part of the safe, gradual office July 2022 deadline. reopening. • Nine hundred and twenty-seven (927) of the estimated 2110 2020 South Georgian Bay Lake round-two on-site sewage (septic) Simcoe Source Protection system inspections have been Regional Annual Reporting completed by municipal staff with Progress Presentation 10 months remaining until the A presentation highlighting the process 2022 deadline. made on the implementation of the South Georgian Bay Lake Simcoe Source Protection Plan, during the During the meeting the board also; period of January 1 to December 31, 2020 was reviewed. The key findings Received being, that as a region; • A Source Protection Committee • All municipalities submitted their update from Chair Dollin 2020 annual reports to their • An overview on Drinking Water respective Source Protection Source Protection work in Q1 Authority (SSEA, NVCA, or from a Source Protection LSRCA). Authority and Risk Management • Municipalities in our source Official perspective protection region have processes in place to ensure that their day- Future meetings and Events to-day planning decisions • July 26, 2021 or at the call of the conform to our source protection chair plan. • Ninety-eight percent (98%) of the Location to be determined visit policies that address significant https:Hsevernsound.ca/about/meetings drinking water threats (SDWT) 489 Finlayson St. Box 460 Port McNicoll, ON, LOK 1 RO Phone: 705-534-7283 www.severnsound.ca Page 428 of 528 c;Vn Soe b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... Severn Sound Environmental Association atal T 2021 2nd Quarter (Apr. 1 - Jun. 30) Report/Update Staffing/HR Administration, Staffing, Training and Volunteers Administration • SSEA offices remain closed due to COVID-19. Staff continue to work remotely with the exception of IT/GIS Manager and staff accessing the office as needed • 1 SSEA Board meeting — 1 st Quarter 2021, 1 SS SPA Board Meeting, 1 Agricultural Advisory Committee meeting Staffing µ f V A • Welcomed Morgan Gillies as Program Coordinator for the Healthy Soils = Healthy - s Watershed Program Seasonal staff • Canada Summer Jobs - Nicole (Invasive Species Mgmt Tech.), Emily (Environmental Seasonal Staff Field training - 2021 Field Tech & Citizen Science Program Assistant), & Shannon (Environmental Program Coordinator) • Ontario Federation of Anglers and Hunters (OFAH) Invasive Species Tech. - Cameron • Pathways to Employment program - Ben (Environmental Internship) Volunteers —THANK YOU! • Invasive Species Spotters citizen science participants for submitting LDD (Gypsy) Moth observations • Shore and Stream Watch participants for a successful start to the monitoring season Training/Professional Development • HS=HW staff completed 4R Nutrient Stewardship Training from Fertilizer Canada Education, Engagement, Outreach Presentations,Articles, Media, School Involvement and Events Virtual Presentations • April 20 Earth Day presentation in partnership with the Midland Library featuring climate change, citizen science, stewardship and invasive species programming sseainfo(a)severnsound.ca - www.severnsound.ca 1 Page 429 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... • Hosted a Healthy Soils in Simcoe County webinar, in collaboration with Ontario Soil and Crop Improvement Association (OSCIA), LSRCA, and NVCA for Certified Crop Advisors and Professional Agrologists in Simcoe County • Presented to Township of Georgian Bay Council April 13 on the Township's Partners for Climate Protection program membership and Climate Action Plan progress Articles/Publications/News • SSEA's SSS project April article With Earth Day Here, It's Time to Take Action, June article (1) The Town of Midland and SSEA are All About the Buzz, and (2) Native Plants Help Pollinators • Press release Invasive Mussel Larvae Detected in Little Lake and public notice Invasive Mussel Substrates Installed in Little Lake Social Media usaa,mei. i m i!-ER, TWEET, RETWEET and the Twitter logo are demarks of Twitter, Inc. or its affiliates • @severnsoundea Instagram activity second quarter: 48 posts, 66 profile visits, & 374 total Installing invasive mussel artificial substrates, followers Little Lake, Midland • @SSEA_SSRAP Twitter activity Q2: 35 tweets, 3651 profile visits, & 356 total followers • Post topics included: Invasive Species (Ldd Moth & Giant Hogweed), Tree Distribution Program, Citizen Science: Shore Watch & Invasive Species spotters, Healthy Soils=Healthy Watershed Program, Drinking Water Source Protection, links to resources • Web Site Activity: 2,545 users visited www.severnsound.ca • YouTube Channel: 29 total subscribers • 2 new SSEA informational videos uploaded to SSEA YouTube channel: How to Identify Giant Hogweed & Collecting Aquatic Plants Through Rake Tosses • Updating draft social media strategy Events/Meetings/Conferences • Virtual meeting with Simcoe North MP Bruce Stanton • Meeting with Georgian Bay Forever- services updates • Kick off meeting with FS Partners regarding Healthy Soils &weather station partnership • Providing administrative & hosting support for the Midland Bee City Team meetings (2) sseainfo(a)severnsound.ca www.severnsound.ca 2 Page 430 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... • Staff attended the following meetings: Midland Technical Review Committee (4), County of Simcoe Municipal Comprehensive Review, Georgian Tj �■ -- �e Bay Biosphere Integrated Community Energy and Climate Action Plans L (ICECAP), Climate Change Exchange z (1), Climate Change Charter Working Group (2), Official Plan Review Session #2 (Township of Severn), Georgian Bay Township, Sustainability Department Team (4), 1 w �* WCS Canada information session on Ontario Key Biodiversity Areas, Midland Penetanguishene Field Naturalist Club `Murder at Misery Bay' presentation on Blanding Turtles, Virtual meeting with MP Bruce Stanton Ontario Municipal Invasive Species Community of Practice and Starry Stonewort Partner meetings. Inquiry Responses (excluding SSS, invasive species, and source water inquiries) • Responded to 13 inquiries from municipal partner representatives • Responded to 27 inquiries from members of the public or contractors working on behalf of landowners and external organizations/agencies Tree Planting Planting and Distribution Community Tree Planting • Program impacted by pandemic, limited community tree planting occurred in spring 2021 • SSEA facilitated the planting of 780 native seedlings by a small number of volunteers • Seedlings costs ($837.48) covered by a County of Simcoe Forestry department grant Tree Seedling Distribution • Program was adapted to a curbside contactless pick-up model with Covid-19 safety protocols in place to comply with public health guidance and restrictions • 282 participants —the most we've had in one year— planted 11,200 native trees and shrubs • THANK YOU to municipal staff and councils that promoted and supported the program sseainfo(cDsevernsound.ca www.severnsound.ca 3 Page 431 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... Fish and Wildlife Habitat / Natural Heritage Natural Heritage Assessments, Invasive Species, Wetlands, Habitat and Stewardship Invasive Species • Hosting municipal invasive species working group with 23 attendees • Responded to 59 new invasive species inquiries (15 from municipal partnerships and 44 from member of the public; excluding inquiries from volunteers and previous inquirers) • Monitored 30 municipally-owned sites for invasive species • Co-hosted Invasive 101 webinar with Southern Georgian Bay Chamber of Commerce • Worked with the Town of Midland to install artificial substrates in Little Lake to detect adult invasive mussels • Produced an Invasive Mussels in Midland Little Lake factsheet • Contributed content to the Engaging Midland Invasive Species Page • Assisted the Township of Severn in identifying Giant Hogweed along the Uhthoff Trail • Submitted comments to ERO 019-3465 (Regulating 13 invasive species and watercraft as a carrier of invasive species under Ontario's Invasive Species Act, 2015) and ERO 019-3468 (Ontario's Strategy to Address the Threat of Invasive Wild Pigs) • Interviewed City of Toronto, City of Hamilton &the Town of Pelham re: Ldd (Gypsy) Moth aerial spray programs i Species at Risk • Initiated turtle study in Matchedash Bay wkg with Georgian Bay Forever's Save Matchedash Bay project • Provided input into public consultation on development of a provincial protection & recovery approach for t Black Ash (Fraxinus nigra), a tree species that is .� widespread in the SSEA area that has been newly assessed as Endangered , Monitoring turtles, Matchedash Bay Wildlife • Prepared Goose Management Framework to assist municipalities with consideration of management options for reducing goose usage of selected public areas sseainfo(a)severnsound.ca www.severnsound.ca 4 Page 432 of 528 16.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... Land Use Planning & Policy Input Input and Review Plan Input • Commented on 18 applications, reports and Environmental Impact Studies • This is a 200% increase in the number of land use planning reviews over Q2 of 2020 Policy Input • Participating in County of Simcoe Municipal Comprehensive Review (MCR) process • Provided natural heritage and climate change input • Reached out to SSEA municipal partners to optimize value of SSEA in this process and reduce duplication of input • Participated in Official Plan Review for Springwater and Severn • Participated in the MECP stakeholder engagement monetary penalties review • Commented on 2022-2026 Lake-wide Action & Management Plan for Lake Huron Drinking Water Source Protection Drinking Water Source Protection, Risk Management Services v- Drinking Water Source Protection ` • Continuing to support municipalities in updating Assessment Reports for new or changing water systems in Oro-Medonte, Severn, and Midland - • Attended 3 regional & provincial meetings (assessment report update requirements, risk management topics specific to the drinking water source protection program) } • Signed 2021/22 Provincial/Regional funding agreement Risk Management • Commented on 9 development applications, answered 16 inquiries, signed 2 Risk Management Plans, and attended 1 pre-consultation meeting Monitoring Programs Field/data collection: Open Water, Inland Lakes, PGMN, PWQMN/Tributaries, Stream Temperature, Stream Invertebrates and Climate Adapting to COVID-19 Challenges Update: The MECP labs in Rexdale and Dorset remain open to accept samples. Monitoring programs continued over this quarter as per MECP reduced lab load request and with all necessary precautions sseainfo(a)severnsound.ca www.severnsound.ca 5 Page 433 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... Open Water/Intakes • 4 water quality sampling events - raw water intakes in Tay Area and Rope Subdivision • 3 open water sampling events • Assisted coordinating University of Toronto s ` � sediment sampling in Honey Harbour --=- J • Revised open water monitoring program to meet MECP request to reduce lab load requirements while maintaining continuity of datasets at long-term stations Inland Lakes Open water sampling Severn Sound • 3 Orr Lake sampling events • 3 Little Lake sampling events Climate • 1 air temperature logger installed at Huronia Airport • 5 rain gauges installed (Huronia Airport, Midland Waste Water Treatment Center, Pinegrove, Ingram Sideroad and SSEA Office) • 4 weather station checks completed and 3 months of data downloaded from the Midland Waste Water Treatment Center Weather Station (a partnership between SSEA, Midland, Tay and Penetanguishene.) Secchi depth measurement, Orr Lake Stream Temperature • 40 stream temperature loggers installed throughout the Severn Sound watershed Stream Invertebrates ("bugs") • 6 samples analyzed from Sturgeon River and Silver Creek § � z ; • 1,749 bugs identified Provincial Water Quality Monitoring Network (SSEA � ? Rivers/Streams) k� • 2 sampling runs completed at 14 sites throughout the watershed • Field parameters, chemistry and metal samples , collected a Temperature logger in the Township of Springwater Provincial Groundwater Monitoring Network • Downloaded water level loggers and manually measured water levels at 9 well sites sseainfo(a)severnsound.ca - www.severnsound.ca 6 Page 434 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... Citizen Science • 2020 data report for Shore Watch and Stream Watch released • Social media promo and a-blast for Stream and Shore Watch programs • Developed training videos for: Invasive Species Spotters, Measuring Stream Velocity, and Installing a Stream Temperature Logger • Hosted training webinars for Shore & Stream Watch and Invasive Species Spotters, with a total of 14 participants - • Recruitment of 11 new volunteers in the Invasive Species Spotter program - - • Hosted virtual Invasive Species Spotter volunteer - check-in for Ldd (Gypsy) Moth • Recruitment of 9 new volunteers in the Shore and Stream Watch programs Water level gauge install at the • Distribution of monitoring kits to volunteers (Stream Farlain Lake, boat launch Watch, Shore Watch, and Invasive Species Spotters) • Installed water level gauges at Farlain Lake boat launch for Water Level Watch program • New Volunteers Welcome! Contact citizenscience(cDsevernsound.ca Healthy Soils=Healthy Watershed • Took soil samples across more than 200 acres of corn fields within the Severn Sound Watershed to test for nitrate. Sustainable Severn Sound Special Project Climate Change Action Plons, Partners for Climate Change Protection (PCP)Program • Submitted application/completed the Federation of Canadian Municipalities (FCM) Building Climate Resilience with Asset Management Certificate Program, FCM's Guide to Integrating Climate Change Considerations into Municipal Asset Management • Presented to 85+ attendees at Lake Simcoe Region Conservation Authority's Climate Change Webinar Series, sharing details/lessons-learned and the progress by SSEA's PCP program municipal members • Produced and distributed pre-meeting 'Climate Change Priority' survey and scheduled first SSEA Municipal Climate Leadership Committee (MCLC) meeting for July 22 ( see MCLC Terms of Reference, 2021) • Reviewed and analyzed all received energy and greenhouse gas (GHG) data information requests for 6 municipalities (21 staff), 5 external energy service providers and 1 Ontario government agency, summary report in development • Entering GHG results/analysis into Partner for Climate Protection (PCP) program online tool to acquire 31d party review (ongoing) • Provided summary report to County of Simcoe (MCR) Municipal Comprehensive Review (MCR) in relation to 'Climate Change Research', summary of SSS project to-date, and the sustainability and climate change action efforts by SSEA and our municipal partners sseainfo(a)severnsound.ca www.severnsound.ca 7 Page 435 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... • Provided Bee City Team administration services to the Town of Midland and facilitated 3 Bee City Team meetings • No Mow/Strategic Mow- native species and invasive species site monitoring of 6 parks in the Town of Midland, representing 9 total sites and 19,394 square meters of No- Mow/Strategic Mow areas. Management recommendations forthcoming by SSEA in Q3 • Produced No Mow signage and Pollinator Habitat signage to allow for installation of said signage in 6 of the Town of Midland's No-Mow/Strategic Mow locations • Pollinator Week social media campaign June 21-27, produced 56 posts over 7 days across 3 platforms, including Facebook (@sustainablesevernsound), Twitter (@sustainsevsound), and Instagram (@severnsoundea), resulting in: total weekly Facebook reach of 2,681; total weekly Twitter impressions of 7,142; 25 tweets, 308 profile visits, 721 followers. • Responded to 4 municipal partner requests for best management practice review, funding opportunities, partnership development, climate action plan/PCP program and/or GHG information, and 7 requests from external municipalities, organizations, persons and/or agencies • Produced/submitted 3 articles for posting on the SSS website, municipal partner use, and on social media, including: 'With Earth Day Here, It's Time to Take Action', 'The Town of Midland and SSEA are All About the Buzz' and 'Native Plants Help Pollinators' Healthy Soils= Healthy Watershed Special Project Soil and Watershed health BMPs, agriculture nutrient management • Signed one-year Healthy Soils = Healthy Watershed TPA $50,000 • Agriculture partners improving soil health, reduce nutrient loss & improve & protect water quality (BMPs ex. increased soil sampling & cover crops) • Hired Coordinator, 4R Nutrient Stewardship Training Healthy Soils = Healthy Watersheds completed , • Draft landowner survey/application developed • Two (2) webinars (approx. 35 participants) • Target area eligible farmers (10 participants) .,. • Healthy Soils in Simcoe County webinar for " Certified Crop Advisors (CCA) & Professional Agrologists (PAgs) in Simcoe County with guest speakers from Ontario Soil and Crop E"'with Grid D S""" S.-io"Sy'S` with Grid or 2onr Sampling Improvement Association (OSCIA), LSRCA, and NVCA (25 participants) • 5 new partnerships developed - AAFC (Keith Reid, soil expert advisor to program), FS Partners (Elmvale), OSCIA (complimentary BMP cost share program in Simcoe County), NVCA & LSRCA (neighbouring agriculture BMP programs) • Draft HS=HW Program website developed —a resource toolkit for famers & advisors. • Exploring potential collaboration with FS Partners Elmvale including weather stations (and data sharing) for both Elmvale and Lafontaine. • Completed "zone" soil sampling on over 200 acres in Tiny and Oro-Medonte, 23 soil samples analyzed for nitrate nitrogen to create variable rate plan for nitrogen application. sseainfo(a)severnsound.ca www.severnsound.ca 8 Page 436 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... Data Analysis and Reporting Statistics, Data Management&Analysis, Stream Invertebrate ID, and GIS/Mapping Reporting • Water Quality Targets for Non-Residential •• • • • June 212021 Development Report to Twp. of Georgian Bay • Development of near real-time reporting surface Bottom Water p p g Temperature Dissolved Oxygen rt� template for Orr Lake Saturation 23.2°C b 79.1% , Statistics/Data Management &Analysis • Compilation of monthly Georgian Bay water Water Clarity Wye River /� Water Level levels, and regional climate data 1.9 m �i Next available R measurement • PWQMN data management Lake Depth July 7,yp21 • Processing open water& inland lake field data 2.0 m fa General Observations • Compile 2020 Little Lake zooplankton data Foam on surface •Insect casings&pollen Some plant material No algae • Compile final 2020 open water inland lake & tributary chemistry dataset from MECP New near real-time reporting for Orr Lake • Analysis of water chemistry, temperature and stream invertebrate data for Wye River • Analysis of trends in Honey Harbour physical, chemical, and biological characteristics Partnerships New/Updated NGO partners and MOD's • Supporting Beausoleil First Nations groundwater curriculum development • Drafting renewed MOU between Twp. of Springwater, SSEA and NVCA • Exploring Green Communities Canada partnership to become Depave Paradise program delivery partner • Supported Township of Tiny Depave Event • SSEA ED continues as Director on Huronia Community Foundation, appointed member to Muskoka Watershed Advisory Group & member of Healthy Great Lakes Advisory Committee • SSEA Sustainabilit & Climate Action Coordinator &Water Y _ Scientist are members of GBB's ICECAP & SMDHU's Climate - Change Exchange & Climate Change Charter Working Group Academia • Exploring partnering with Lakehead University to deliver a youth-oriented master naturalist program • Mentoring 2 student projects for Georgian College _ Environmental Technology Applied Research course (Source Staff supported Depave Event in Tiny of Sodium & Chloride in the Severn Sound Watershed, Township Climate Evaluation in Nottawasaga and Severn Sound watersheds) sseainfo(a)severnsound.ca www.severnsound.ca 9 Page 437 of 528 16.b) Severn Sound Environmental Association (SSEA) and re- Quarterly re... Financial Donations, Grants, Budget, Invoicing and Revenue(fee for service) Grants • HCF grant for$1,500 to support stream temperature monitoring • Canada Summer Jobs grant for$26,944 to support seasonal staff • Orillia CDC Pathway to Employment grant$12,740 to support Environmental Intern • MOU (2 year) with Georgian Bay Forever$34,200 to support Matchedash Bay Turtle Study • Invasive Species Center grant $1,000 to support Citizen Science Invasive Species Spotters • Lake Huron-Georgian Bay Community Action Initiative - $7,500 for Shore Watch & Open Water Monitoring • TD Friends of Environment Foundation - $8,000 for Shore/Stream Watch & Invasive Species Spotters • Farlain Lake Community Association - $18,142 (2 yrs) Farlain Lake Eurasian Water-Milfoil project Budget JL • 2022 draft budget revised as per April 2021 Board direction to target increase to 2% ,_ Invoicing • 2 cost recovery invoices issued TD Friends of the Environment supporting Donations —THANK YOU! SSEA Citizen Science • Newmarket-Tay Power Distribution Ltd • In memoriam donations to tree program • BinCity, JNS Blundell Roofing & Elmvale Home Building Centre (Invasive Species Spotters) Thank you from Team SSEA • Julie Cayley- Executive Director • Morgan Gillies — Healthy Soils=Healthy • Lex McPhail - IT Manager/GIS Applications Watersheds Program Coordinator Specialist • Paula Madill - Ecosystem Technologist 2021 All-Star Seasonal Staff! • Michelle Hudolin - Wetlands & Habitat • Emily Edgely— Environmental Tech & Biologist Citizen Science Program Assistant • Aisha Chiandet- Water Scientist • Camron Epp— Invasive Species • Melissa Carruthers — Risk Mgmt. Management Technician Official/Risk Mgmt. Inspector • Ben Lehan — Environmental Intern • Judy Limoges —Treasurer (p/t) • Shannon Mawhinney— Environmental • Nikki Priestman —Watershed Health Program Coordinator • Tracy Roxborough — Sustainability & • Nicole Stott— Invasive Species Climate Action Coordinator Management Technician • Tamara Brincat— Invasive Species Program Coordinator sseainfo(a)severnsound.ca - www.severnsound.ca 10 Page 438 of 528 6.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... I r = fi SSEA Board Meeting Highlights July 26th, 2021 Meetingvia video & telephone conference p For the full meeting agenda including documents and reports, visit our web site https://severnsound.ca/about/meetings **Office Closed** Participation of SSEA as a Depave Due to the evolving COVID-19 pandemic Paradise Program delivery agent (a the SSEA office remains closed to the project of Green Communities Canada) public. One staff has returned to the office & other staff accessing the office are taking Received part in voluntary COVID Rapid Antigen • SSEA 2nd quarter update report Screening program as part of the safe, • 2021 2nd quarter draft financials gradual office reopening. Staff continue to operate remotely, delays in responding to Updates requests should be expected. • 2nd Q financials are trending favourably • Sustainable Severn Sound—supporting Presentations: Town of Midland Bee City Canada • David Sweetnam, Georgian Bay Forever Program, monitoring no-mow sites, Executive Director & Georgian preparing 5-year GHG analysis for 6 Baykeeper: Microfiber pollution in PCP program municipalities, wkg with waterways Twp of Georgian Bay staff to prepare • Emily Edgley, SSEA Environmental Field funding application for FCM Community Tech & Citizen Science Program Buildings Retrofit program, established Assistant: SSEA Citizen Science SSEA Municipal Climate Leadership program update Committee (MCLC) • Inland Lake Sampling— Little Lake In brief Midland, Orr Lake Springwater - new The SSEA Board; reporting method for Orr Lake Authorized • Healthy Soils = Healthy Watersheds— • Approval of the revised 2022 SSEA hosted webinar for CCAs & PAgs, budget & core municipal funding request sampled over 200 acres (23 samples) of —cuts made to the 2022 SSEA budget Corn (Nitrate Nitrogen) for variable rate reduced muncipal ask to $17,494 (2%) fertilizer application plans spread over 8 municipal partners. • Changes to SSEA monitoring programs • Participation of SSEA staff in the County to meet MECP request for lab load of Simcoe Municipal Comprehensive reductions Review, and to explore options for SSEA . Citizen Science - 43 volunteers (43% to recover costs associated with increase over 2021) - $16,500 in new participating funding (TD Friends of Environment Supported Foundation, Lake Huron Georgian Bay PP Community Action Initiative, Invasive • Georgian Bay Forever microplastics Species Center) initiatives, including Divert & Capture • The renewed 2021 Canada Ontario program, call to pass Ont. Bill 279, & for Great Lakes Agreement (COA) governments to provide funding & • Invasive Species— 30 municipal sites education to reduce microfiber waste inventoried, zebra mussel larvae • The SSEA logo use on the Simcoe detected in Little Lake Midland, providing Muskoka Climate Change Charter training to municipal staff, co-hosted 489 Finlayson St. Box 460 1 Port McNicoll, ON, LOK 1 RO I Phone: 705-534-7283 www.severnsound.ca Page 1 of 2 Page 439 of 528 6.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... I r = fi SSEA Board Meeting Highlights July 26th, 2021 Meetingvia video & telephone conference p For the full meeting agenda including documents and reports, visit our web site https://severnsound.ca/about/meetings Invasive Species 101 webinar with Southern Georgian Bay Chamber of Commerce • Status of SSEA grant applications- $142,000 of external funding secured to date in 2021 including partnerships with Georgian Bay Forever, Friends of Wye Marsh & Farlain Lake Association. • SSEAs involvement in County of Simcoe Municipal Comprehensive Review • SSEA ED 2nd quarter activities included mtgs with MPP Dunlop & MPP Miller, all staff mtg with MP Stanton, worked with NVCA to provide updated draft service delivery MOU to Twp of Springwater, initiating 2023 State of Severn Sound 20yrs after de-listing & strategic plan goal of developing a Great Lakes Centre of Excellence. Future meetings and Events • At the call of the chair to review 2020 audited financial statements • October 25, 2021 (9:30 am) — 31d quarterly board meeting Location to be determined visit https://severnsound.ca/about/meetings 489 Finlayson St. Box 460 1 Port McNicoll, ON, LOK 1 RO Phone: 705-534-7283 www.severnsound.ca Page 2 of 2 Page 440 of 528 16.b) Severn Sound Environmental Association (SSEA) and re: Quarterly re... p R l N K l N G WATER QR ,�,Lake simcoeSOURCE PRQTECTIO onCOns•rvation ACT FOR CLEAiv 11iATER Authority •,,��• South Georgian Bay Lake Simcoe Source Protection Region Severn Sound Source Protection Authority July 26, 2021 Meeting Highlights Meeting via video & telephone conference For the full meeting agenda including documents and reports, visit our web site https://severnsound.ca/about/meetings **Office Closed** An overview on Drinking Water Due to the evolving COVID-19 pandemic Source Protection work in Q2 of the SSEA office remains closed to the 2021 from a Source Protection public. One staff has returned to the office Authority and Risk Management & other staff accessing the office are taking Official perpective part in voluntary COVID Rapid Antigen o 2 Risk Management Plans Screening program as part of the safe, were signed within the gradual office reopening. Staff continue to Township of Tiny operate remotely, delays in responding to o 2021/22 Drinking Water requests should be expected. Source Protection funding agreement signed between Source Protection Plan amendment the SSEA and LSRCA process due to the impact of O.Reg 205/18 under the Safe Drinking Water Act Supported A relatively new Regulation under the Safe The delegation of authorty to SSEA Drinking Water Act (Regulation 205/18) was SPA Staff to submit proposed developed to ensure that all new (or Source Protection Plan amendments expanded) municipal drinking water to the Minister of Environment, systems are incorporated into Source Conservation and Parks Protection Plans. The Ministry has established a detailed Future meetings and Events process for Source Protection Authorities to October 25, 2021 (9:30 am) —SSEA 31 follow, prior to submitting a draft quarterly board meeting amendment to the Minister. This process includes several stages of consultation, Location to be determined visit including early engagement with Ministry https://severnsound.ca/about/meetings staff, consultation with the Source Protection Committee, pre-consultation with agencies responsible for implementing policies, municipal council endorsement, and public consultation. The process culminates in a submission to the Minister from the Source Protection Authority. In brief The SSEA SPA Board; Received • A presentation regarding the Source Protection Plan amendment process due to the impact of O.Reg 205/18 under the Safe Drinking Water Act 489 Finlayson St. I Box 460 Port McNicoll, ON, LOK 1 RO Phone: 705-534-7283 www.severnsound.ca Page 441 of 528 16.c) Minutes of Lake Simcoe Region Conservation Authority meeting held ... Board of Directors' Meeting Board of Directors' Meeting No. BOD-07-21 Friday, June 25, 2021 Held virtually via Zoom Meeting Minutes LSRCA Board Members Present Regional Chairman W. Emmerson (Chair), Councillor P. Ferragine (Vice Chair), Councillor K. Aylwin, Mayor D. Barton, Mayor B. Drew, Councillor A. Eek, Councillor K. Ferdinands, Councillor W. Gaertner, Deputy Mayor J. Gough, Councillor R. Greenlaw, Mayor V. Hackson, Councillor S. Harrison-McIntyre, Councillor C. Pettingill, Mayor M. Quirk, Councillor C. Riepma, Regional Councillor T. Vegh, Councillor E. Yeo LSRCA Board Members Absent Councillor A. Waters LSRCA Staff Present R. Baldwin, T. Barnett, M. Bessey, A Brown, C. Byron, K. Christensen, M. Critch, J. Doyley, C. Hawson, S.Jagminas, B. Kemp, N. Knight, B. Longstaff, G. MacMillan, S. McKinnon, K. Nesbitt, G. Peat, M. Rosato, C. Sharp, C. Taylor, K. Toffan, K. Yemm, K. Zeppieri Guests in Attendance C. Malcolmson, Rescue Lake Simcoe Coalition I. Land Acknowledgement II. Declarations of Pecuniary Interest or Conflict of Interest None noted for the meeting. III. Approval of Agenda Moved by: A. Eek Seconded by: D. Barton BOD-092-21 Resolved That the content of the Agenda for the June 25, 2021 meeting of the Board of Directors be approved as amended to remove Closed Session Item Xllb), Confidential Staff No. 36-21-BOD; and to add Agenda Item No. 5, Staff Report No. 36- 21-BOD. Carried Page 442 of 528 16.c) Minutes of Lake Simcoe Reg Pa rPRr1RAcYP01`99 At�ir g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 2 IV.Adoption of Minutes a) Board of Directors' Meeting Moved by: W. Gaertner Seconded by: C. Riepma BOD-093-21 Resolved That the minutes of the Board of Directors' Meeting, No. BOD- 06-21, held on Friday, May 28, 2021 be approved as circulated. Carried V. Announcements a) Chair Emmerson welcomed new Board member, Deputy Mayor Joe Gough, who has been appointed to represent the Township of Ramara. Board members and Executive Leadership Team members introduced themselves and welcomed Deputy Mayor Gough to the Board. b) CAO Rob Baldwin advised that with the recent Provincial cabinet shuffle, there are two new ministers within the conservation authorities' portfolio: namely, Minister of the Environment, Conservation and Parks David Piccini, and Minister of Northern Development, Mines, Natural Resources and Forestry Greg Rickford. He also advised that changes to the Provincial conservation authorities working group are not anticipated. c) General Manager, Integrated Watershed Management, Ben Longstaff, advised that due to the very dry spring, we entered into a Level 1 low water response condition in June. As a result, a Low Water Response Team has been formed with representation from all watershed municipalities, Provincial agencies, Trent Severn Waterways, and First Nations. The first meeting takes place virtually on July 7th to ensure a coordinated response as required. d) Lake Simcoe Conservation Foundation Executive Director, Cheryl Taylor, provided an update on upcoming events; namely, the 32nd Annual Conservation Dinner taking place on September 22nd; the Dalton Hicks 3rd Annual Golf Tournament on August 25th, and the Chairman's Golf Tournament on August 191h. More information on these events can be found through this link: https://www.lakesimcoefoundation.ca/events Chair Emmerson moved the deputation forward at this time. VIII. Deputations Ms. Claire Malcolmson shared concerns with the proposed Bradford Bypass on behalf of the Rescue Lake Simcoe Coalition and Eco Justice. She noted these groups feel the environmental assessment is outdated and the need exists for a complete review and update to the Page 443 of 528 16.c) Minutes of Lake Simcoe Reg Pa rPRrIRAcYP01`99 e g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 3 environmental assessment, as well as an examination of alternatives before any construction begins. They feel there are many information gaps that need to be explored before this project should proceed. CAO Baldwin explained that Provincial highways are exempt from the conservation authorities' regulations, and the Authority has committed to a voluntary project review should we be asked to provide it. The Authority will provide input on the science if and as requested. At the request of Board members, a staff report will be prepared for the September 2021 meeting based on the information that the Authority has available at that time. More information on the Bradford bypass can be found through this link: https://www.bradford bypass.ca/ Moved by: K. Aylwin Seconded by: W. Gaertner BOD-094-21 Resolved That the deputation by Claire Malcolmson regarding the Bradford Bypass be received for information; and Further That a staff report be brought back to the September 2021 Board of Directors' meeting for the Board's consideration. Carried VI. Presentations a) 2022-2024 Strategic Plan Project Communications Specialist, Melissa Rosato, and Project Lead on the Authority's 2022-2024 Strategic Plan provided an update on its progress, noting that typically the Authority's strategic plan is outsourced to a consultant and work begins prior to the expiry of the existing plan. With the many obstacles and financial constraints faced in 2020, the decision was made for this work to be completed in-house by our communications department. She noted that steps completed at this point include background research and program planning completed September 2020; situation analysis, which is a summary of our strengths, challenges, and opportunities, derived from all staff input, completed March 2021; and vision, mission values statements completed May 2021. Currently in progress are the goals, strategic objectives and success indicators, with a list of high-level goals and strategic objectives that are well aligned being the expected outcome. Still to be actioned is the validation and prioritization of strategic objectives (September 2021), as well as the launch and implementation planning anticipated for fall of 2021. Ms. Rosato outlined the process of staff engagement by way of department stars who help guide their colleagues through the process and staff consultation to ensure all staff Page 444 of 528 16.c) Minutes of Lake Simcoe Reg Pa rPRr1RAcYP01`99 e g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 4 participation. She invited Board members to participate by way of a Board workshop to be held in late August, with a survey option available for those who are unable to attend. It is expected the Strategic Plan will be finalized in 2021 and launched for implementation in 2022. This timing fits nicely with the new leadership focus of the Authority's CAO, Rob Baldwin, as well as the timing around the changes to the Conservation Authorities Act and subsequent regulation. To view this presentation, please click this link: 2022-2024 Strategic Plan Update For more information on the Authority's Strategic Plan process, please contact Melissa Rosato at 905-895-1281, ext. 120 or m.rosato@lsrca.on.ca. Moved by: K. Ferdinands Seconded by: J. Gough BOD-095-21 Resolved That the presentation by Communications Specialist, Melissa Rosato, regarding an update on the progress of the Authority's 2022-2024 Strategic Plan Project be received for information. Carried Staff Report No. 29-21-BOD regarding the progress of the Authority's 2022-2024 Strategic Plan Project was included in the agenda. Moved by: K. Ferdinands Seconded by: J. Gough BOD-096-21 Resolved That Staff Report No. 29-21-BOD regarding the project status for the ongoing development of the Lake Simcoe Region Conservation Authority's 2022- 2024 Strategic Plan be received for information. Carried b) 2021 Afforestation Program Update Manager, Forestry and Greenspace Services, Philip Davies, provided an update on the Authority's 2021 spring planting program and ongoing initiatives to increase forest and canopy cover across the watershed, noting that Forestry staff deliver tree and shrub planting services to watershed landowners through the annual spring and fall programs. With the cancellation of the 2020 spring planting program, fulltime employees utilizing new safety protocols were able to plant 1,800 trees on six sites through the annual fall program. The average for the annual fall program is 2,600 trees, which is less than the annual spring program average of 42,000 trees. During the 2021 spring planting season, Forestry staff worked with 25 landowners to plant over 49,500 trees across the watershed despite pandemic related challenges and restrictions. These planting projects were completed with the support of our municipal program partners including York Region's Grow Your Legacy Planting Program and Simcoe County's Simcoe Trees Program, Page 445 of 528 16.c) Minutes of Lake Simcoe Reg�arPRr1RAcYP01`99 e g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 5 as well as funding partners including the Lake Simcoe Conservation Foundation and Forests Ontario's 50 Million Trees Program. The annual Do-It-Yourself Planting Program, which sells seedlings directly to landowners for planting on their properties, was very successful in large part due to build-up of demand following the 2020 cancellation, and accordingly 103 landowners collected over 13,600 trees at the pick-up event, our largest distribution to date. Restoration staff also completed 13 projects including planting over 6,500 trees, shrubs and herbaceous plants. He went on to note that Forestry staff continually seek opportunities with landowners, municipal partners, as well as neighbouring conservation authorities, to increase forest and canopy cover in the watershed to support natural heritage cover restoration and expansion objectives. To view this presentation, please click this link: Afforestation Program Update For more information on the Authority's Afforestation program, please contact Philip Davies at 905-895-1281, ext. 321 or p.davies@lsrca.on.ca. Moved by: S. Harrison-McIntyre Seconded by: A. Eek BOD-097-21 Resolved That the presentation by Manager, Forestry and Greenspace Services, Philip Davies, regarding an update on the Authority's Afforestation program be received for information. Carried Staff Report No. 30-21-BOD regarding the progress of the Authority's Afforestation program was included in the agenda. Moved by: S. Harrison-McIntyre Seconded by: A. Eek BOD-098-21 Resolved That Staff Report No. 30-21-BOD regarding BOD regarding an update on the Authority's Afforestation program be received for information. Carried c) 2022 Budget Assumptions General Manager, Corporate and Financial Services/CFO, Mark Critch, provided a presentation on the Authority's 2022 Budget Assumptions, noting that budget assumptions set clear direction for budget targets; enable staff to work with municipal funding partners to secure preliminary budget approvals; allow staff to build the 2022 budget and reduce re-work; provide the Board of Directors the opportunity to influence the general direction of the budget; and strengthen the advocacy role of Board members at their respective municipal budget presentations. Standard budget assumptions include that the Authority recognizes and Page 446 of 528 16.c) Minutes of Lake Simcoe Reg�arPRr1RAcYP01'99 e g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 6 incorporates the challenges being faced by municipal funding partners in the budget development. Other budget assumptions are that rental property surplus goes to Asset Management reserve to fund future asset management work; Foundation revenue continues to be used for education and projects and we continued to watch for challenges related to donations; any interest Income above budget assumption goes to surplus, reserves are used for pilot projects or one-time purchases, and the Authority continues to respect the taxpayer and understand the context of budget requests. GM Critch reviewed the governing principles in the budget recommendations, such as inflation and COLA which are in line with local comparators, adjusting for municipal funding challenges, municipal targets are used where feasible; a 1% investment toward achieving strategic priorities is recommended to be deferred until 2023, and asset management funding will be addressed in a financial strategy being tabled in the fall, but a small placeholder is included in 2022 budget. He also noted that for the third year in a row there are no new fulltime employees included in the budget unless they are fully funded by grants. He shared the financial impacts of funding targets as well as the various COLA rates scenarios and asked the Board for endorsement of the following 2022 budget assumptions: 1. Inflation: Up to 2.00% (2021 Budget: 2.00%) 2. COLA for staff: Up to 2.00% (2021 Budget: 1.00%) 3. Infrastructure levy for Asset Mgmt.: 0.50% increase on capital funding only 4. Investment in Strategic Priorities: 0.00% (2021: 0.00%) 5. No additional FTE's in 2022, unless they are fully funded from grants and/or fees 6. General and Special Operating Levy: Up to 1.00% (2021: 1.00%) 7. Special Capital Levy: Up to 1.70% (2021 Budget: 1.00%) Next steps for the 2022 budget include: - Board approved budget assumptions will be used to develop 2022 Budget; - Preliminary budgets will be shared with municipalities, ensuring coordination with municipal budget cycles; - An on-line financial update for municipal funding partners will be hosted in Fall; - Efficiencies and cost savings to support the 2022 Budget will continue to be sought; - Predictive information from 2021 Forecast will be used to develop 2022 Budget; and - 2022 Budget presentations to funding partners will begin in the fall/winter. To view this presentation, please click this link: 2022 Budget Assumptions Page 447 of 528 16.c) Minutes of Lake Simcoe Reg�arPRr1RAcYP01`99 e g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 7 For more information on the Authority's 2022 Budget Assumptions, please contact Mark Critch at 905-895-1281, ext. 297 or m.critch@lsrca.on.ca. Moved by: V. Hackson Seconded by: C. Riepma BOD-099-21 Resolved That the presentation by General Manager, Corporate and Financial Services/CFO, Mark Critch, regarding the Authority's 2022 Budget Assumptions be received for information. Carried Staff Report No. 31-21-BOD regarding the Authority's 2022 Budget Assumptions was included in the agenda. Moved by: V. Hackson Seconded by: C. Riepma BOD-100-21 Resolved That Staff Report No. 31-21-BOD regarding the recommended budget assumptions for the 2022 fiscal year be approved. Carried VIII, Hearings There were no hearings at this meeting. IX. Determination of Items Requiring Separate Discussion No items were identified as items requiring separate discussion. X. Adoption of Items not Requiring Separate Discussion All items were identified under items not requiring separate discussion. Moved by: E. Yeo Seconded by: D. Barton BOD-101-21 Resolved That the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board, and staff be authorized to take all necessary action required to give effect to same. Carried 1. Correspondence BOD-102-21 Resolved That correspondence listed in the agenda as Item 1a) be received for information. Carried Page 448 of 528 16.c) Minutes of Lake Simcoe Reg�arPRr1RAcYP01`99 At�lr g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 8 2. Conservation Authorities Act - Phase 1 Consultation Guide BOD-103-21 Resolved That Staff Report No. 32-21-BOD regarding Provincial Bill 229 Regulatory Proposal Consultation Guide be received; and Further That the attached Comments Letter be approved for submission to the Environmental Registry of Ontario ahead of the June 27, 2021 deadline. Carried 3. Conservation Ontario's Governance Accountability and Transparency Initiative BOD-104-21 Resolved That Staff Report No. 33-21-BOD regarding Conservation Ontario's Governance Accountability and Transparency Initiative be received; and Further that the Lake Simcoe Region Conservation Authority Board of Directors endorse the three key actions developed by the Conservation Ontario Steering Committee to update Administrative By-laws, to report proactively on priorities, and to promote/demonstrate results; and Further That staff be directed to work with Conservation Ontario to implement these actions and to identify additional improvements and best management practices. Carried 4. KD03 Sunnidale Road Stormwater Pond Retrofit Project BOD-105-21 Resolved That Staff Report No. 34-21-BOD regarding the City of Barrie's KD03 Sunnidale Road Stormwater Pond Retrofit Project be received; and Further that funding for the project through the Authority's Offsetting Cash in Lieu funds from Water Balance and Lake Simcoe Phosphorus Offsetting as outlined in this report be approved. Carried 5. Amendments to Permit under O. Reg 179/06 and Pursuant to Subsection 28.0.1 of the Conservation Authorities Act (Ministerial Zoning Order) for 2639025 Ontario Inc. Oro Station Automotive Innovation Park BOD-106-21 Resolved That Staff Report No. 36-21-BOD regarding Amendments to Permission (Permit OP.2021.027) under 0. Reg 179/06, Pursuant to Subsection 28.0.1 of the Conservation Authorities Act (Ministerial Zoning Order) for 2639025 Ontario Inc. Oro Station Automotive Innovation Park be received; and Further that the amended conditions to the permission as outlined in this report be approved; and Further that the permit be valid for a period of sixty (60) months; and Page 449 of 528 16.c) Minutes of Lake Simcoe Reg�arPRr1RAcYP01`99 e g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 9 Further that the Authority's Chief Administrative Officer be authorized to execute the agreement as required by the Conservation Authorities Act. Carried XI. Consideration of Items Requiring Separate Discussion No items were identified under items requiring separate discussion. XII.Closed Session The Board moved to Closed Session to deal with a confidential human resources matter. Moved by: S. Harrison-McIntyre Seconded by: C. Pettingill BOD-107-21 Resolved That the Board move to Closed Session to deal with a confidential human resources matter; and Further that the Chief Administrative Officer, members of the Executive Management Team, and the Coordinator BOD/CAO remain in the meeting for the discussion. Carried The Board rose from Closed Session and reported findings. Moved by: D. Barton Seconded by: K. Aylwin BOD-108-21 Resolved That the Board rise from Closed Session and report findings. Carried a) Confidential Human Resources Matter Moved by: K. Ferdinands Seconded by: A. Eek BOD-109-21 Resolved That Confidential Staff Report No. 35-21-BOD regarding a confidential human resources matter be endorsed. Carried XIII, Other Business a) Mayor Quirk asked about the Authority's plans for the recently acquired land in Georgina. CAO Baldwin noted the agreement has not yet been signed and accordingly the property has not been transferred to the Authority, but he plans to bring a report to the September meeting when he anticipates the land will be owned by the Authority. Once the Authority receives the land, staff will learn the property and a management plan will be prepared in the future, which will involve the Town and interested residents. Page 450 of 528 16.c) Minutes of Lake Simcoe Reg�arPRrIRAcYP01'99 e g�oit �e�ti g held ... Friday, June 25, 2021 Meeting Minutes Page 10 XIV. Adjournment Moved by: J. Gough Seconded by: R. Greenlaw BOD-110-21 Resolved That the meeting be adjourned at 11:40 a.m.Carried Regional Chairman Wayne Emmerson Rob Baldwin Chair Chief Administrative Officer Page 451 of 528 16.d) Correspondence dated July 26, 2021 from Susan McKinnon, Manager, B... From: Susan McKinnon <S.McKinnon@lsrca.on.ca> Sent: July 26, 2021 10:30 AM To: Teeter, Janette <jteeter@oro-medonte.ca> Cc: Mark Critch <M.Critch@lsrca.on.ca>; Rob Baldwin <R.Baldwin@lsrca.on.ca> Subject: LSRCA 2022 Preliminary Budget Submission Good afternoon, Please find attached our preliminary budget submission for 2022. Our board of directors approved our recommendations for the 2022 assumptions on June 25t", 2021, and you can find the staff report here: https://www.Isrca.on.ca/Shared%20Documents/board/B0D-07- 21%20 Fu 11%20Aqenda%20as%2OAm ended%20-%20J u ne%2025,%20202 1.pdf In summary, the board approved the following recommendations: 1 . 1. Inflation: up to 2.00% used only for applicable expenditures (2021 : 2.00%) 2. 2. COLA: up to 2.00% (2021 : 1.00%) plus applicable step increases 3. 3. Infrastructure levy for Asset Management: up to 0.50% on capital funding (2021 : 0.00%) 4. 4. Investment in Strategic Priorities: 0.00% (2021 : 0.00%) 5. 5. No additional new FTEs in 2022, unless they are fully funded from grants and/or fees 6. 6. General and Special Operating Levy: Up to 1 .00%, (2021 : 1 .00%) 7. 7. Special Capital Levy: Up to 1 .70% (2021: 1 .00%) For the outlook years we have used the following, non-BOD approved, assumptions: 1 . Inflation: 1 .50% 2. COLA- 1.75% 3. Infrastructure levy for Asset Management: 1:00% on capital funding 4. Investment in Strategic Priorities: 1 .00% Please note that these outlook numbers are subject to future changes mandated by the MECP with regards to "core/non-core programs" and the related impact on funding by municipalities and other funding sources. Should you have any questions about the preliminary submission please feel free to reach out to me. I would also like to let you know that we are planning our 3rd annual finance meeting on October 15t". We will send an invitation shortly to you and our other municipal finance partners. I hope you will be able to attend as this will be great opportunity for you to meet our finance group and other municipal finance staff to discuss common challenges and objectives. Page 452 of 528 16.d) Correspondence dated July 26, 2021 from Susan McKinnon, Manager, B... Regards, Susan Susan McKinnon, CPA, CMA Manager, Budget and Business Analysis Lake Simcoe Region Conservation Authority 120 Bayview Parkway Newmarket, Ontario L3Y 3W3 905-895-1281 ext. 315 1 1-800-465-0437 1 Mobile: 905-758-0108 s.mckinnon(a)LSRCA.on.ca I www.LSRCA.on.ca Twitter: @LSRCA Facebook: LakeSimcoeConservation The information in this message (including attachments) is directed in confidence solely to the person(s) named above and may not be otherwise distributed, copied or disclosed. The message may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act and by the Personal Information Protection Electronic Documents Act. If you have received this message in error, please notify the sender immediately and delete the message without making a copy. Thank you. Page 453 of 528 I ; f 1 ` , ` I� , f 3 i ! � f 4 0 6. 6"F*RAT*N J0FTH, 8T0WNT0fCjD®8®UNThe Tow... The Corporation of the Town of Cobourg Brent Larmer Legislative Services Department Municipal Clerk/ T 3'rT' Victoria Hall Manager of Legislative Services ' 55 King Street West Telephone: (905)372-4301 Ext. 4401 Cobourg, ON K9A 2M2 Email: blarmer@cobourg.ca Fax: (905)372-7558 Sent via E-Mail Monday July 19, 2021 David Lametti 6415 Monk Blvd. Montreal, Quebec H4E 3H8 David.Lametti@a parl.gc.ca Dear David Lametti. Minister of Justice, Attorney General of Canada Re: Resolution 272-21 — Support for Bill C-6 An Act to amend the Criminal Code (Conversion Therapy) Please be advised that the Municipal Council of the Corporation of the Town of Cobourg at its Regular Council meeting held on June 28, 2021 passed the following Resolution in regards to Councils support for Bill C-6 An Act to amend the Criminal Code (Conversion Therapy). Resolution 272-21 WHEREAS at the Committee of the Whole Meeting on June 21, 2021, Council considered a Memo from the Secretary of the Equity, Diversity and Inclusion Committee regarding support for Bill C-6 An Act to amend the Criminal Code (Conversion Therapy) NOW THEREFORE BE IT RESOLVED THAT Council send a letter of support be sent to all municipalities in the County of Northumberland, Phillip Lawrence Member of Federal Parliament for Northumberland— Peterborough South and David Piccini, Member of Provincial Parliament for Northumberland-Peterborough South, and all other municipalities in Ontario. The accompanying Council Resolution Sheet has been enclosed in this letter for your information. Yours truly, Brent Larmer Municipal Clerk/Manager of Legislative Services Legislative Services Department Encl. Resolution 272-21 Page 455 of 528 16.e) Correspondence dated July 19, 2021 from The Corporation of The Tow... The Corporation of the Town of Cobourg Resolution Moved By NICOLE BEATTY Resolution No.: Last Name Printed N. BEATTY 272-21 Seconded By ADAM BUREAU Council Date: Last Name Printed A. BUREAU June 28, 2021 WHEREAS at the Committee of the Whole Meeting on June 21 , 2021, Council considered a Memo from the Secretary of the Equity, Diversity and Inclusion Committee regarding support for Bill C-6 An Act to amend the Criminal Code (Conversion Therapy) NOW THEREFORE BE IT RESOLVED THAT Council send a letter of support be sent to all municipalities in the County of Northumberland, Phillip Lawrence Member of Federal Parliament for Northumberland— Peterborough South and David Piccini, Member of Provincial Parliament for Northumberland-Peterborough South, and all other municipalities in Ontario. Page 456 of 528 16.e) Correspondence dated July 19, 2021 from The Corporation of The Tow... THE CORPORATION OF THE TOWN OF COBOURG EQUITY, DIVERSITY, AND INCLUSION 0 y:4 ADVISORY COMMITTEE TO: Brent Larmer, Municipal Clerk/Manager of Legislative Services FROM: Jamie Kramer, Secretary MEETING DATE: Thursday, June 17, 2021 SUBJECT: Motion to Support Bill C-6 An Act to amend the Criminal Code (Conversion Therapy) The following Motion was adopted at the Thursday, June 17, 2021 Cobourg Equity Diversity and Inclusion Advisory Committee (EDIAC) Meeting: Moved by Member Councillor Beatty THAT the Equity Diversity and Inclusion Advisory Committee recommend Council write a letter of support to Justin Trudeau, Prime Minister of Canada and David Lametti the Minister of Justice and Attorney General and the Federal Government on behalf of Municipal Council in support of Bill C-6, being an act to amend the Criminal Code of Canada (Conversion Therapy) as it has been presented without any amendments; and FURTHER THAT this motion and the letter of support be sent to all municipalities in the County of Northumberland, Phillip Lawrence Member of Federal Parliament for Northumberland—Peterborough South and David Piccini, Member of Provincial Parliament for Northumberland-Peterborough South, and all other municipalities in Ontario. Carried Page 1 of 1 Page 457 of 528 16.f) Correspondence dated June 24, 2021 from City of Toronto re: Bill 1 ... John D.Elvidge LaTOROMO City Clerk Secretariat Tel:416-392-7032 City Clerk's Office Marilyn Toft Fax:416-392-2980 Council Secretariat Support e-mail:Madlyn•Toft@toronto•ca Cittyy Hall,121h Floor,West web:www.toronto,ca 100 Queen Street West Toronto,Ontario M5H 2N2 In reply please quote: Ref.: 21-G L23.3 June 24, 2021 ONTARIO MUNICIPAL AND REGIONAL COUNCILS: Subject: General Government and Licensing Committee Item 23.3 Report on Bill 177 Stronger Fairer Ontario Act Changes to Provincial Offences Act (Ward All) City Council on June 8 and 9, 2021, adopted the following resolution and has circulated it to all Municipal City Councils and Regional Councils in Ontario for support: 1. City Council request the Attorney General of Ontario to halt the proclamation of the Early Resolution reforms included in Bill 177, Stronger, Fairer Ontario Act. 2. City Council request the Attorney General of Ontario to review the Early Resolution provisions of the Provincial Offences Act and take action to streamline and modernize this section with a view to making it easier for the public and prosecutors to engage in resolution discussions, and to administer early resolution proceedings in Provincial Offences Court. 3. City Council request the Attorney General of Ontario to enact changes to the Provincial Offences Act and any related regulations, to permit the prosecutor and defendant or legal representative to agree, at any stage of a proceeding, to a resolution in writing for proceedings commenced under Part I of the Provincial Offences Act and to permit the Clerk of the Court to register the court outcome immediately upon receipt of the written agreement without requiring an appearance before a Justice of the Peace. for City erk M. Toftlwg Attachment C. City Manager Page 458 of 528 " # 16.f) Correspondence dated June 24, 2021 from City of Toronto F89g AIP 1 ... Considered by City Council on TOROMO p June 8, 221 Re o rt lte m June 9, 2021 General Government and Licensing Committee Adopted on Ward: All IGI-23.3 Consent Report on Bill 177 Stronger Fairer Ontario Act Changes to Provincial Offences Act City Council Decision City Council on June 8 and 9, 2021, adopted the following: 1. City Council request the Attorney General of Ontario to halt the proclamation of the Early Resolution reforms included in Bill 177, Stronger, Fairer Ontario Act. 2. City Council request the Attorney General of Ontario to review the Early Resolution provisions of the Provincial Offences Act and take action to streamline and modernize this section with a view to making it easier for the public and prosecutors to engage in resolution discussions, and to administer early resolution proceedings in Provincial Offences Court. 3. City Council request the Attorney General of Ontario to enact changes to the Provincial Offences Act and any related regulations,to permit the prosecutor and defendant or legal representative to agree, at any stage of a proceeding, to a resolution in writing for proceedings commenced under Part I of the Provincial Offences Act and to permit the Clerk of the Court to register the court outcome immediately upon receipt of the written agreement without requiring an appearance before a Justice of the Peace. d. City Council direct that this resolution be circulated to the all Municipal City Councils and Regional Councils in Ontario for support. Committee Recommendations The General Government and Licensing Committee recommend that: 1. City Council request the Attorney General of Ontario to halt the proclamation of the Early Resolution reforms included in Bill 177, Stronger, Fairer Ontario Act. 2. City Council request the Attorney General of Ontario to review the Early Resolution provisions of the Provincial Offences Act and take action to streamline and modernize this section with a view to making it easier for the public and prosecutors to engage in resolution discussions, and to administer early resolution proceedings in Provincial Offences Court. 3. City Council request the Attorney General of Ontario to enact changes to the Provincial Offences Act and any related regulations, to permit the prosecutor and defendant or legal Page 459 of 528 16.f) Correspondence dated June 24, 2021 from City of Toro,rlto r ' 21of2 representative to agree, at any stage of a proceeding, to a resolution in writing for proceedings commenced under Part I of the Provincial Offences Act and to permit the Clerk of the Court to register the court outcome immediately upon receipt of the written agreement without requiring an appearance before a Justice of the Peace. 4. City Council direct that this resolution be circulated to the all Municipal City Councils and Regional Councils in Ontario for support. Origin (May 7, 2021) Report from the City Solicitor and the Director, Court Services Summary This report responds to the changes to the Provincial Offences Act under Bill 177 Stronger, Fairer Ontario Act for City Council to review and consider taking action on the staff recommendations contained herein. Background Information (Committee) (May 7, 2021) Report from the City Solicitor and the Director, Court Services on Report on Bill 177 Stronger Fairer Ontario Act Changes to Provincial Offences Act (http://www.toronto.ca/legdocs/mmis/2021/ I/h rd/backci round file-166871.pdit Attachment 1 - Bill 177 Changes to section 5.1 of Provincial Offences Act as enacted and not proclaimed (hft ://www,toronto.ca/le docs/mmis/2021/ l/b rd/back roundfile-166872, dt7 Page 460 of 528 -� � 16.g) Correspondence from the City of Toronto re: Building the Early Lea ... John D.Elvidge WTOROM City Clerk 5ecretarfat Tel:416-392-7032 City Clerk's Office Marilyn Toft Fax:416-392-2980 Council Secretariat Support e-mail:Marilyn.Toft@toronto.ca City Hall,12tl'Floor,West web:www.toronto.ra 100 Queen Street West Toronto,Ontario M5H 2N2 In reply please quote: Ref.: 21-MM32.12 ONTARIO MUNICIPALITIES: Subject: Member Motion Item 32.12 Building the Early Learning and Child Care System Toronto Needs(Ward AII) City Council on May 5 and 6, 2021, adopted the following: 1. City Council reaffirm the City of Toronto's support for building a system of early learning and child care services that are high-quality, public and not-for profit, affordable, inclusive and accessible for all families. 2. City Council express its support for the Government of Canada's April 19, 2021 budget announcement to invest in building a Canada wide system of Early Learning and Child Care and Indigenous Early Learning and Child Care, that builds on City of Toronto policies and service plans, and has adequate and ongoing operating and capital funding. 3. City Council communicate to the Provincial and Federal Governments, the City of Toronto's interest in working collaboratively, and participating in tri-lateral discussions as soon as possible, with the goal of achieving intergovernmental agreements by Fail 2021, and City Council make these negotiations a priority in our intergovernmental strategies. 4. City Council direct the General Manager, Children's Services to include in the June 2021 Growth Strategy Update report to the Economic and Community Development Committee and City Council, the opportunities and funding the Federal announcement could provide to expedite the Growth Strategy in Toronto, and to report to the Budget Committee on the City's share of new committed funding for child care once it is known. 5. City Council direct the General Manager, Children's Services to work closely with, and leverage the expertise of partners including the Province, City divisions, school boards and service providers to expand existing and develop new licensed child care services. Page 461 of 528 16.g) Correspondence from the City of Toronto re: Building the E-arlyrLea... z 6. City Council request the City Clerk to distribute City Council's decision to other municipalities in Ontario, the Ontario Municipal Social Services Association and the Association of Municipalities of Ontario. for Ci M. Toft/wg Attachment Sent to: Prime Minister of Canada Premier, Province of Ontario Executive Director, Ontario Municipal Social Services Association Executive Director, Association of Municipalities of Ontario Municipalities in Ontario C. City Manager Page 462 of 528 16.g) Correspondence from the City of Toronto re: Building the ga1y lea... TORON]l Decisions City Council Member Motions - Meeting 32 M M 32.1 2. ACTION Adopted Ward: Alk Building the Early Learning and Child Care System Toronto Needs - by Councillor Mike Layton, seconded by Councillor Shelley Carroll City Council Decision City Council on May 5 and 6, 2021, adopted the following: 1. City Council reaffirm the City of Toronto's support for building a system of early learning and child care services that are high-quality, public and not-for profit, affordable, inclusive and accessible for all families. 2. City Council express its support for the Government of Canada's April 19, 2021 budget announcement to invest in building a Canada wide system of Early Learning and Child Care and Indigenous Early Learning and Child Care, that builds on City of Toronto policies and service plans, and has adequate and ongoing operating and capital funding. 3. City Council communicate to the Provincial and Federal Governments, the City of Toronto's interest in working collaboratively, and participating in tri-lateral discussions as soon as possible, with the goal of achieving intergovernmental agreements by Fall 2021, and City Council make these negotiations a priority in our intergovernmental strategies. 4. City Council direct the General Manager, Children's Services to include in the Tune 2021 Growth Strategy Update report to the Economic and Community Development Committee and City Council, the opportunities and funding the Federal announcement could provide to expedite the Growth Strategy in Toronto, and to report to the Budget Committee on the City's share of new committed funding for child care once it is known. 5. City Council direct the General Manager, Children's Services to work closely with, and leverage the expertise of partners including the Province, City divisions, school boards and service providers to expand existing and develop new licensed child care services. 6. City Council request the City Clerk to distribute City Council's decision to other municipalities in Ontario, the Ontario Municipal Social Services Association and the Association of Municipalities of Ontario. Summary The lack of affordable, high-quality early learning and child care is one of the most significant challenges for families in our City. The pandemic has exacerbated the situation, and Page 463 of 528 16.g) Correspondence from the City of Toronto re: Building fhe Ed?*d_Zee2 accentuated the importance of child care for Toronto parents. We have seen the gendered-impact of the pandemic on women. We have experienced the toll on parents, particularly mothers, because of the lack of access to child care. We know women will continue to face huge barriers to equitable participation in our economy if child care is not at the centre of COVID-19 recovery strategies. We also know that underserved communities, low-income and BIPOC families, people with disabilities, and those who are precariously- employed will not share in the benefits of economic renewal without access to affordable child care. A broad consensus has emerged across all sectors, including business, academic, social service and feminist organizations, that a robust system of accessible, high-quality child care services is essential for Canada's economic renewal. The time is now to make long-awaited progress on child care for Toronto families. The Government of Canada has recognized that investment in child care is urgently needed, and of national importance, for families and the economy. As part of the Budget 2021, it has committed to build a Canada-wide Early Learning and Child Care system that is affordable, high-quality and accessible for all families. The plan calls for$30 Billion over 5 years, with an ongoing annual expenditure of$8.3 Billion. The goal is to reduce fees by 50 percent by 2022, and achieve an average cost of$10.00 per day by 2026. The announcement is welcome news for women, their families,and cities across the Country. Toronto manages the second largest system of child care services in the Country, and it is important for our City to show its support for building a strong system of Early Learning and Child Care in Toronto and across Ontario --and that we are ready to work with the Federal and Provincial governments to achieve it. City Council must reinforce the urgency, and express our willingness to be partners with all levels of government, and to act now; with urgency, to ensure this promise becomes a reality for Toronto children and families. Background Information (City Council) Member Motion MM32.12 (htt ://www.toronto.ca/le dots/mmis/2b21/mm/b rd/back roundfile-166359. d_) Page 464 of 528 Schedule 2 16.h) County of S@egggQdg ,pntinuing Municipal Concerns ... r• ■M�_ County of Simcoe Main Line(705)726-9300 I]��/C//O��UNTYOF Office of the Warden Toll Free (866)893-9300 IMI.�OEA 1110 Highway 26, Fax(705)725-1285 � Midhurst, Ontario L9X 1N6 simcoe.ca August 10, 2021 Hon. Patty Hajdu, MP Minister of Health Hon. Bill Blair, MP Minister of Public Safety and Emergency Preparedness Dear Ministers Hajdu and Blair, RE: Continuing Municipal Concerns on Production of Cannabis for Medical Purposes The County of Simcoe is an upper-tier municipality located within the outer ring of the Greater Golden Horseshoe, in the Province of Ontario. On behalf of the County's sixteen (16) local member municipalities experiencing ongoing issues related to cannabis and cannabis grow operations, the County of Simcoe requests further consideration and communications to address some concerns. While we understand this is a complex issue requiring all levels of Government to work together, we need some support and follow through on commitments from Health Canada in terms of local municipal compliance and regard. Previous correspondence was submitted to Health Canada on January 12, 2021 and is attached hereto, along with a response from the Director, a submission on the cannabis consultations, and a letter you previously received from various MP's, including some of our own Federal representatives, outlining similar concerns on the matter. While the County is experiencing a number of challenges related to both commercial cannabis licences and personal or designated production of cannabis for medical purposes, our comments herein relate to municipal concerns and compliance relating to local planning matters and by-law enforcement. In particular, our concerns are in relation to issues which are a direct result of non-compliance with local planning requirments and by-law regulations, which these Health Canada issued permits were meant to have regard for prior to issuance. We can work with the larger commercial licenced producers for the most part due to regulations and monitoring. Issues with personal and designated growers who now appear subject to minimal federal regulation or compliance, are rarely monitored, and whom our member municipalities find themselves involved in costly LPAT hearings and have little or no authority to enforce municipal bylaws against, are the main problematic sector. Many of these have the ability for designated growers to produce for multiple licences and create major safety, nuisance and planning implications on our municipalities and residents due to the size of these operations. Page 1 of 3 Page 465 of 528 Schedule 2 16.h) County of S &qg{' Qd�:gpntinuing Municipal Concerns ... You are aware of our previous requests to place reasonable limits of cannabis plants permitted by personal use applicants as determined by the Chief Medical Officer, as well as our requests to review and regulate existing licences where prescriptions are in excess, or the cumulative impact of designated growers has had significant municipal impacts due to scale. We would very much welcome further discussions on some of the specific planning and by-law enforcement implications that are causing our municipalities significant time, money and impacting neighbouring residents with little or no municipal recourse available. Can we organize a discussion with some of our local Mayors who are being directly impacted, our MP's, yourself and your staff members so we can communicate and share our concerns with real life examples and the unintended impacts to municipalities and residents, to assist you in understanding and informing potential improvements to the system? Two examples of a potential discussion with you include the following: Licencing and Local Municipal Authorities Cannabis production processing is Federally regulated. Part 2, Subsection 7(1) of Regulation SOR/2018-144 (Cannabis Regulations) pursuant to the Cannabis Act (S.C. 2018, c. 16), states that: 7 (1) Before submitting an application to the Minister for a licence for cultivation, a licence for processing or a licence for sale that authorizes the possession of cannabis, the person that intends to submit the application must provide a written notice to the following authorities in the area in which the site referred to in the application is located: the local government; the local fire authority; and the local police force or the Royal Canadian Mounted Police detachment that is responsible for providing policing services to that area. Despite the above-noted notification requirement, it is the experience of some local municipalities in Simcoe County that Federal licenses have been issued to producers where no such notification has ever been provided to the municipality. It is recommended that as part of the licensing application process, Part 2, Subsection 7(1) of Regulation SOR/2018-144 be amended so that the applicant be required to provide to Health Canada the following documentation: A copy of the notice provided to local authorities; The local government's written acknowledgement of having received notice and including a listing of applicable local by-laws (e.g. zoning, building, nuisance control); and A written undertaking by the applicant acknowledging and agreeing to comply with applicable local by-laws and Provincial legislation and regulations. Furthermore, it is recommended that Part 2, Section 29 (Refusal, Suspension and Revocation) be amended to authorize the Health Canada to refuse to issue, renew or amend a licence where the applicant has failed to submit to Health Canada the above-noted documentation or where the applicant has failed to comply with local by-laws or Provincial legislation and regulations. Page 2of3 Page 466 of 528 Schedule 2 16.h) County of S &qg{' Qd�:gpntinuing Municipal Concerns ... Tools for Nuisance Mitigation The Province of Ontario currently has tools mitigate or reduce potential nuisance conflicts (e.g. noise, vibration, odour, dust, glare) between certain land uses. These tools include: D-Series Guidelines (pursuant to the Environmental Protection Act, RSO 1990, and The Planning Act, RSO 1990), including: -D-2 Compatibility between Sewage Treatment and Sensitive Land Use -D-4 Land Use On or Near Landfills and Dumps -D-6 Compatibility between Industrial Facilities Minimum Distance Separation (MDS I & 11) Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks, pursuant to the Provincial Policy Statement (2020), the Planning Act, 1990, the Building Code Act, 1992, the Nutrient Management Act, 2002 However, no similar tool currently exists that could be applied in order to mitigate or reduce the nuisance impacts (e.g. odour, light, noise) on surrounding residents and communities. It is recommended that the Province of Ontario, in cooperation with the Federal government (including any necessary amendments to the Federal Cannabis Act and Regulations), develop a Province-wide tool for the mitigation/reduction of nuisance impacts from cannabis production facilities, which can then be applied by local municipal governments. We look forward to hearing from you on our request for further discussion. Sincerely, The Corporation of the County of Simcoe ,4e ZZOS-// Warden George Cornell cc: County Councillors Simcoe County Members of Parliament Association of Municipalities of Ontario Clerks—All 16 Simcoe County Local Member Municipalities Ontario Provincial Ministers of Health, Agriculture, Municipal Affairs Attachments: Letter from Various MP's dated November 3, 2020 Letter to Health Canada dated January 12, 2021 Director's response dated April 19, 2021 Submission to Cannabis Consultation dated May 6, 2021 Page 3 of 3 Page 467 of 528 n uie 4 16.h) County of S @egQfI �}fO Q�:�ontinuing Municipal Concerns ... HOUSE OF COMMONS _ CHAMBRE DES COMMUNES CANADA Diane Finley Member of Parliament Haldimand Norfolk November 3, 2020 Hon. Patty Haj du Minister of Health Tunney's Pasture Ottawa, ON K 1 A OH4 Dear Minister Hajdu, My colleagues and I write to you today to follow up on a question that was asked on July 21, 2020 about a loophole in medical marijuana regulations that is allowing large-scale grow- ops to emerge without any of the protocols to which licensed producers are subject. As was mentioned, residents near these unregulated grow-ops are forced to deal with a wide range of problematic issues, such as light pollution, increased traffic, property devaluation, and overwhelming stench. In fact,the smell has been so bad that people are no longer able keep their windows open, have had to install air filtration systems in their homes, and in one instance a family had Children's Aid Society called by their school because the smell had seeped into their children's clothing. Of course,there have also been reports of organized crime being involved in a number of these unregulated grow-ops that are putting the safety of Canadians at risk. When your Government created the Access to Cannabis for Medical Purposes Regulations (ACMPR) in 2016, a two-stream system was created. One stream is reserved for Licensed Constituency Producers and is highly regulated and monitored. The second stream consists of personal and 76 Kent Street South designated growers who are subject to little-to-no regulation, are rarely monitored, and who simcoe, ON N3Y2Y1 make up the majority of the problematic grow-ops. One of the main reasons for this lies in Tel: 519-426-0003o the ability for designated rowers to produce for multiple licences and for there to be Fax:519-426-0003 tY g g p p multiple growers at a given location. Ottawa Room 147 We encourage you to think of an apartment building. Now, picture that each apartment has Confederation Building g y p g• �p p Ottawa,ON KIA oA6 four licence holders growing in that apartment. A grow-op of this size is almost Tel:613-996-4974 Fax:613-996-9749 unimaginable. The problem is that grow-ops of this size, or larger, are actually popping up right across Canada in both rural and urban settings, as a result of these regulations. What also creates these large-scale operations is that the amount of cannabis that can be grown based on the amount prescribed seems to be rising, with no justification. According to an ATIP that we have in our possession from Health Canada,just in Ontario ' alone, the average grams per day of dried cannabis that a person is authorized to have in Page 468 of 528 Schedule 1 16.h) County of S6-qQ@egOffr PF]L Qprp:21Fontinuing Municipal Concerns ... their possession rose from 7 grams per day in 2016 to 34 grams per day in 2019. When your own Health Canada website suggests to health care professionals that"most patients use up to 3 grams of dried cannabis per day for medical purposes", it's hard to justify authorization of prescriptions of 34 grams per day. The problem is that it's also extremely easy to get a prescription. After a quick google search, you will see that anyone can go online and speak with a physician to get a prescription for medical marijuana. These websites often market themselves as the right alternative when a patient's family physician won't authorize a prescription. Since 2016, there has been a 98 percent increase in the number of active licences for medical marijuana in most provinces across the country. In fact, numbers have continued to rise despite Canadians having increased access to cannabis, whether they grow it on their own or buy it through legal avenues. This supports the notion that organized crime is likely involved. This brings us to issues we've heard from law enforcement in tackling these grow-ops. In order for police to intervene in a grow-op that they suspect is operating outside of the law or linked to organized crime, they have to have probable cause. Unfortunately, they aren't able to get that without information from Health Canada on licence holders, and Health Canada has refused to divulge that information unless the police can show that they have probable cause. It's a vicious circle that leads to inaction. On top of that, it costs approximately $50,000 for police to obtain a warrant and when they enter, they are only authorized to take the excess amounts over the licence limit, allowing operations to ramp back up the next day. Police are unable to lay charges in most cases because the individuals are technically acting within the law, and when police are able to lay charges, it's unclear which ones should be laid. Minister, our constituents are at their wits' end. Despite claims from your office that inspectors are available to monitor all growing operations and inspect when necessary, this isn't happening for the personal and designated grower stream. We're constantly receiving correspondence from constituents who have said that they have reported the grow-op, but action hasn't been taken. And while we understand that your office has taken steps to hire more inspectors, quite frankly, it's inadequate. Your office has stated that you now have 75 inspectors available, but in Haldimand-Norfolk alone there are over 70 Part Two Grower operations that we are currently aware of, and there are many more right across the country. We understand that this issue is complex. It requires action from all levels of government, and possibly action from multiple Ministers within your cabinet. But, the federal government Page 469 of 528 Schedule 1 16.h) County of S6-qQ@egOffr PF]L Qprp:21Fontinuing Municipal Concerns ... must show leadership and you can start by closing the loophole in the medical marijuana regulations. This is not a partisan issue. We're confident that Members of Parliament across party lines are dealing with this in their own ridings. My Conservative colleagues and I offer our support in finding a fix to this growing problem. Prior to the outbreak of COVID,you had requested that we meet to further discuss the issue. I understand that COVID has been top of mind for some time, but this is a matter that can no longer wait for action. Following my question in the House, you mentioned again that you would be in touch. As the lead on this particular issue, I would like to follow up on those offers and request a meeting with you. Please contact my office by email at diane.finley.cla parl._gc.ca or by phone at 613-996-4974 to set up a time. We look forward to your timely response. Regards, I The Honourable Diane Finley, P.C., M.P., Dean Allison,M.P., Haldimand-Norfolk Niagara West Alex Ruff, M.P., Derek Sloan, M.P., Bruce-Grey-Owen Sound Hastings—Lennox and Addington Brad Vis, M.P., Eric Duncan, M.P., Mission -Matsqui -Fraser Canyon Stormont Dundas—South Glengarry �cQ Dave Epp, M.P., Jamie Schmale,M.P., Chatham-Kent—Leamington HaliburtonKawartha Lakes—Brock Page 470 of 528 Schedule 1 16.h) County of S @eC-gfrr pjV&fWQO�p-.2(�pntinuing Municipal Concerns ... a John Brassard, M.P., Terry Dowdall, M.P., Barrie Innisfil Simcoe—Grey C Karen Vecchio, M.P., Tony Baldinelli, M.P., Elgin—Middlesex—London Niagara Falls ('Y\ , Q/1,� Kyle See ack, M.P., Marilyn Gladu M.P., Dufferin-Caledon Sarnia-Lambton Lianne Rood, M.P., Lambton—Kent Tracy Gray, M.P., Middlesex Kelowna- Lake Country Phil McColeman, M.P., Ben Lobb, M.P., Brantford—Brant Huron—Bruce Raquel Dancho, M.P., ce tanton, M.P., KildonanSt. Paul �oe North Scot Davidson, M.P. Doug Shipley, M.P., YorkSimcoe BarrieSpringwater—Oro-Medonte Tako Van Popta, M.P., Dr. Colin Carrie, M.P., LangleyAldergrove Oshawa Page 471 of 528 Schedule 1 16.h) County of S @eC-gfrr pjV&fWQO�pa21Fontinuing Municipal Concerns ... Lar 7uire, M.P., Ziad Aboultaif M.P., rY g Brandon-Souris Edmonton Manning �7� a-v_�11 - — _S� Marc Dalton, M.P., Martin ields, M.P., Pitt Meadows—Maple Ridge Bow River Nelly Shin, M.P., Chris Lewis, M.P., Port MoodyCoquitlam Essex Page 472 of 528 Schedule 1 16.h) County of S @egQfI PF]Ld&rWQ0�p:2(�ontinuing Municipal Concerns ... County of Simcoe Main Line (705)726-9300 ]]�/�COUNTYOF Planning Department Toll Free (866)893-9300 SOKS I ' `COE Midaurs�t Ontahwayrio L9X 1 N6 mcoe6, Fax 5ca 27 4276 PLANNING 1 '� January 12, 2021 Mike McGuire Director, Office of Medical Access and Specialized Authorizations Controlled Substances and Cannabis Branch Health Canada Address Locator 0900C2 Ottawa, ON K1 A OK9 Dear Mr. McGuire, RE: Cannabis Legislation and Proposed Actions to Assist Municipalities Municipalities within the County of Simcoe have faced emerging challenges as a result of the legalization and regulation of cannabis under the Cannabis Act. Ongoing issues experienced are a result of both distinct forms of cannabis production authorized by the Cannabis Regulations — commercial cannabis and personal production. As a direct result of odour, location criteria and medical cannabis licencing issues, the County of Simcoe continues to request additional support on this matter. A number of our member municipalities have implemented an Interim Control By-law (ICB) to study the issues to determine the appropriate response to these unregulated operators. In some cases, the municipality has brought forth a zoning by-law amendment following the ICB moratorium to implement the findings. Many of these by-laws are appealed by cannabis operators to the Local Planning Appeal Tribunal (LPAT). In order to avoid an overwhelming number appeals that results in costs straining the system which are associated with municipal by-law enforcement officers defending the municipalities in the Provincial court system, it would be prudent to review and improve the existing Regulations. The County of Simcoe suggests the following three improvements to promote appropriate land use planning within our community and to obtain adequate grounds for enforcement: 1. Preparation and Implementation of Provincial Planning Guidelines • Land use compatibility guidelines are needed to address issues such as odour and noise • Cannabis Facilities to be subject to Ontario's Environmental Protection Act The odour and noise that emits from the operations has caused a very significant land use compatibility issue for surrounding residential, agricultural, and institutional land uses. It is recommended that policies similar to those contained in the Ontario Provincial Policy Statement be implemented federally. "Sensitive land uses [including residences] shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any possible adverse effects from odour, noise, and other contaminants, minimize risk to public health and safety and to ensure the long term operation and economic viability of major facilities in accordance with provincial guidelines, standards and procedures (Provincial Policy Statement, policy 1.2.6.1). " Page 473 of 528 Schedule 1 16.h) County of S @egQfI PF]Ld&rWQ0�p:2(�ontinuing Municipal Concerns ... Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA) classifies cannabis production as an agricultural use and is thereby a permitted use as of right within the agricultural zones. New land uses are required to comply with the minimum distance separation formulae (Provincial Policy Statement, policy 2.3.3.3). Minimum distance separation formulae (MDS) means formulae and guidelines developed by the Province, as amended from time to time, to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. However, MDS is specific to livestock odour and does not apply to the odour produced by cannabis facilities. In addition, it does not consider possible impacts from one agricultural use on another, something that is now being reported from vegetable farmers whereby the odour of adjacent cannabis operations are infiltrating and tainting their vegetable crop. In the Holland Marsh (Town of Bradford West Gwillimbury), the potential negative effect of odour on farmers and crops is an issue. The Holland Marsh is a provincial designated Specialty Crop Area, and it is protected for growing of food source. The other main issue occurring in the Marsh is drainage and the proliferation of greenhouses that cannot be regulated because of the federal jurisdiction. In the Township of Oro-Medonte, noise has been a nuisance where electrical generators are being used in lieu of the local electrical utilities for a cannabis operation's long-term power needs. It has been noted that connecting to the local electrical utility can, in some instances, be cost prohibitive and therefore resulting in the dependence of noisy generators. The above are only two of many examples heard by members of the public regarding land use compatibility issues within the County of Simcoe as a result of cannabis operations. Agriculture operators are required to demonstrate land use compatibility and mitigation or avoidance of odour nuisances through a nutrient management strategy/plan and minimum distance separation formulae, no such guidelines are currently in place for cannabis operators. The County of Simcoe requests that Health Canada prepare guidelines which considers odour impacts of cannabis production facilities on surrounding sensitive land uses, similar to the current minimum distance separation formulae that is in place for other agricultural uses. Similarly to the conflicts described above regarding agricultural regulations and cannabis facilities exemption of demonstration of compatibility, the Environmental Protection Act should also be applicable to cannabis facilities. Industries other than cannabis operators are required to control their environmental discharge to ensure their operation does not adversely impact the environment and neighbours. Cannabis operators should also be required to comply with the Environmental Protection Act. 2. Additional Enforcement Tools Needed • Improve Health Canada enforcement of existing license requirements • Updates to Cannabis Act and Cannabis Regulation to address enforcement and environment requirements for license and register facilities The current legislation has proven very challenging from a municipal law enforcement perspective. In general terms, licences appear to supersede municipal zoning regulations. This has resulted in persons and companies setting up growing operations in locations that are incompatible with adjacent residential and commercial uses. For example, operators have brought in used trailers and shipping containers to residential properties to grow cannabis, and the use of these trailers and containers are not permitted in the relevant property zone. The County of Simcoe requests that Health Canada amend the existing Cannabis Act and Cannabis Regulations to provide for a stronger and more effective legislation to ensure proper location criteria. Page 474 of 528 Schedule 1 16.h) County of S @egQfI PF]Ld&rWQ0�p:2(�ontinuing Municipal Concerns ... Further, it should be made clear that local policy and zoning by-laws at the municipal level do have the authority to regulate where and how cannabis facilities can operate. The County encourages Health Canada to provide education and training to law enforcement persons and that Health Canada takes a more active role in the enforcement of both legal and illegal agricultural cultivation operations. 3. Improved Communication with Health Canada • Health Canada should be more accessible to assist with enforcement of existing license requirements and respond to inquiries regarding register facilities. • The College of Physicians and Surgeons of Ontario (CPSO) have a large role to play in regards to the daily dose of cannabis prescribed for personal use. Local municipalities have little to no involvement in the licencing process and therefore face challenges responding to the public regarding permissions. The County suggests that Health Canada consider implementing a two-stage licencing process to address this issue. The first stage would involve a conditional permit indicating a conditional approval from Health Canada. This conditional approval could necessitate demonstrating certain criteria is met, including obtaining all local approvals and would assist the municipality with their review and provide greater certainty when issuing a permit. Local approvals may include but is not limited to: provisional zoning clearance or approval, site plan approval, building permits, and approval of the local Conservation Authority. The second stage would be issued once the facility is constructed to the federal standards, and be considered a final approval. The County of Simcoe requests that Health Canada amend the existing licencing process to include local municipalities earlier in the process. The County further requests that Health Canada provide a point of contact to assist with public inquiries as a direct result of the licences issued. Presently, municipalities are being inundated with questions from the public about rumoured facilities, and various forms of growing operations, as well as the validity and legality of certain existing ones, however, the municipality has no involvement in the license review and approval process. The lack of information is leading to a perception of untoward actions being taken by cannabis companies and/or individuals, in cooperation with the government, including local and regional municipalities. On behalf of the County of Simcoe and our member municipalities, we request additional support on this matter. Sincerely, The Corporation of the County of Simcoe (i19- i , David Parks, MCIP, RPP Director of Planning, Economic Development, Transit & Airport Services cc Ministry of Health John Daly, County Clerk—County of Simcoe Debbie Korolnek, General Manager, Engineering, Planning and Environment—County of Simcoe Page 475 of 528 Schedule 1 16.h) County of S6-qQ@egOffr PF]L Qprp:21Fontinuing Municipal Concerns ... From: Cannabis (HC/SC) <cannabis&canada.ca> Sent: Monday, April 19, 2021 10:09 AM To: Parks, David < -)avid.Parks(a)simcoe.ca> Subject: [EXTERNAL] Health Canada's response to your enquiry 21- 101921-360 Dear David Parks: Thank you for your correspondence of January 12, 2021, concerning the production of cannabis in the County of Simcoe, Ontario. I apologize for the delayed response. I appreciate that you have taken the time to express your concerns. Please allow me to take this opportunity to provide some information that may be helpful. The Cannabis.Act and the Cannabis Regulations create a strict framework for controlling the production, distribution, sale, and possession of cannabis in Canada. The attached fact sheet provides some general information about the different forms of cannabis production and may be helpful in understanding the existing legal framework for cannabis production in Canada. It is important to note the differences between the regulatory requirements for the different types of cannabis production authorized by the Cannabis Act and its regulations. For example, commercial cannabis licence applicants must provide a written notice to local authorities — including local government, law enforcement and fire authorities — prior to applying to Health Canada. The notification provision is designed to alert local authorities to the intentions of the applicant, and give them time to apply local by-laws, fire codes, zoning restrictions, and other rules. Regarding the personal or designated production of cannabis for medical purposes, a similar requirement to notify local government is not required, as this would force a registrant to disclose personal medical information. Furthermore, due to privacy reasons, Health Canada cannot share information on individuals who access cannabis for medical purposes with municipalities. However, the Department will disclose this information to law enforcement agencies upon request and in the course of an active investigation. As noted in the fact sheet, Health Canada has made it easier for individuals to report a complaint about cannabis, including concerns with cannabis production sites. Page 476 of 528 Schedule 1 16.h) County of S6-qQ@egOffr PF]L Qprp:21Fontinuing Municipal Concerns ... Individuals are encouraged to use the Cannabis Reporting Form available on the Department's website to report concerns, which also helps us review and address concerns in a timely manner. Municipalities, provinces and territories that gather information regarding individuals or businesses that are operating outside the Cannabis Act and Regulations, are encouraged to submit this information through the cannabis reporting form as well. All information provided to Health Canada is reviewed and can assist in the decision process for granting or denying a registration or licence, as well as assisting in compliance and enforcement actions for registered/licensed locations. Health Canada's Role All issues and complaints brought to Health Canada's attention are taken seriously, including any issues with licence holder activities as they relate to the Cannabis Regulations. If warranted, after further investigation, Health Canada would take appropriate action to correct any potential non-compliance with the Cannabis Regulations. Health Canada also has the authority to inspect personal production sites to verify that individuals are complying with the terms of their registration. The Department prioritizes personal registration sites that may pose a higher risk, such as those with a high number of plants or multiple registrations, or those where the department has had a number of complaints from the public. With respect to odour concerns, please note that the restrictions under the Cannabis Act, including actions Health Canada can take, depend upon the type of regulated cannabis production that is taking place. With licensed commercial cannabis production, the Cannabis Regulations state that all buildings or part of buildings where cannabis is produced, packaged, labelled, and stored need to be equipped with a system that filters air to prevent the escape of odours. During an inspection, if any strong odours are perceived outside the licensed facility, the inspection report would include a citation under the regulations and the regulated party would be expected to address the situation as part of their corrective action plan. With respect to personal and designated production for medical purposes, the courts have emphasized repeatedly that the government may only restrict an individual's access to cannabis for medical purposes when such action is justified and consistent with the objective of protecting public health and safety and have cautioned the government not to unnecessarily hinder an individual's access. As such, restrictions on odour are not required of individuals who wish to produce a limited amount of cannabis for their own personal medical purposes. However, the Department remains concerned about odour complaints related to these sites and the impacts that odours can have in communities. During the registration process, Health Canada informs registration holders of their Page 477 of 528 Schedule 1 16.h) County of S @egOffr PF]Ld&rWQ0�p:2(�ontinuing Municipal Concerns ... responsibilities to secure their cannabis, including putting in place measures to control odour. When odour complaints pertaining to these sites are received, the Department also communicates with the registration holders advising them that a complaint has been made and is under investigation. As in any regulatory framework, there will be instances where individuals choose to operate outside of the law. Anyone who suspects activity that may violate a law or a by-law, including the Cannabis Act and the Criminal Code, should immediately contact their local law, or municipal by-law, enforcement authority. Health Canada actively supports law enforcement representatives by providing a dedicated service 24 hours a day and seven days a week to confirm, when necessary, that specific individuals are authorized to possess or produce a limited amount of cannabis for medical purposes and by providing information, where appropriate to law enforcement and other authorities to assist with active investigations. Please note that Health Canada has assisted federal, provincial and municipal law enforcement agencies with this service, including the Ontario Provincial Police. More information on Health Canada's approach to compliance and enforcement of the Cannabis Act and its regulations can be found on the Department's website. Health Canada continues to strengthen its oversight and reduce the risk of abuse, using authorities under the Cannabis Act and Regulations, by: o Conducting additional verification of applications when warranted, including where the health care practitioner has authorized a high amount and those applications with multi-unit alternative production sites (i.e., not a primary residence); o enhancing engagement and collaboration with important stakeholders, such as law enforcement and municipalities on the overall medical access regime; o proactively sharing information with provincial and territorial health professional licensing authorities about the authorizing practices of physicians in their jurisdiction, to inform any action they decide to take, such as investigations; o increasing the focus on compliance promotion with registrants; and, o conducting inspections of personal registration sites to further verify compliance with the regulations. Under the Cannabis Regulations, Health Canada may refuse or revoke a registration if the registration is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. You may be interested to know that the Cannabis Act requires that the Minister initiate a review of the Cannabis Act three years following the coming into force (i.e., by October 17, 2021), and that a report of the review's findings be tabled before both Houses of Parliament within 18 months of the start of the review. This review must study the Act and its administration and operation, including a review of the impact of the Act on public health and, in particular, on the health and consumption habits of Page 478 of 528 Schedule 1 16.h) County of S6-qQ@egOffr PF]L Qprp:21Fontinuing Municipal Concerns ... young persons with respect to cannabis use; the impact of cannabis on Indigenous persons and communities; and the impact of the cultivation of cannabis plants in a dwelling-house. The Government of Canada has also committed to actively monitoring and evaluating patients' access to cannabis for medical purposes through the implementation of the Cannabis Act, and to undertake an evaluation of the existing medical access framework within five years (i.e., by October 17, 2023), as recommended by the expert Task Force on Cannabis Legalization and Regulation. Municipal, Provincial and Territorial Roles It is important to note that different levels of government and law enforcement have roles in maintaining public safety with respect to cannabis. It is the responsibility of municipalities to enforce their by-laws with respect to cannabis production, and law enforcement has the authority to take action against illegal cannabis activity under the Cannabis Act and against those who operate outside of the legal framework. Health Canada encourages all provinces, territories, and municipalities to use the tools at their disposal to confirm that individuals meet all standards and by-laws. This includes implementing any limitations on zoning, location and nuisances such as odour or noise that they feel are appropriate in their jurisdictions. Municipalities could, for example, require building permits and inspections of electrical work at personal production sites. Municipalities may also want to refer to the Municipal Guide to Cannabis Legalization developed by the Federation of Canadian Municipalities, which provides guidance in areas such as odour and other nuisances. Please note that it is outside of Health Canada's jurisdiction to enforce provincial or municipal legislation. It is also encouraged that you reach out to other government departments, such as Environment and Natural Resources regarding your environmental concerns. Thank you for writing. I hope the information I have provided is helpful in addressing your concerns. Should you have any further questions, you may contact the Controlled Substances and Cannabis Branch directly at cannabisQcanada.ca, or toll-free at 1-866-337-7705. Mike McGuire Director Licensing and Security Controlled Substances and Cannabis Branch Health Canada Page 479 of 528 Schedule 1 16.h) County of S @eC-gffr pjV&fWQO�pa21Fontinuing Municipal Concerns ... COMMERCIAL AND PERSONAL PRODUCTION OF CANNABIS The Cannabis Act and its regulations control the production, distribution, sale, and possession of cannabis in Canada. The following forms of cannabis production are authorized under the Act: • Commercial cannabis production, which includes a federal licence to cultivate, process and sell cannabis to either the provincial and territorial retail markets, or directly to individuals authorized by their health care practitioner to use cannabis for medical purposes • Individuals who are authorized to use cannabis for medical purposes by their health care practitioner can register with Health Canada to produce (or have someone produce on their behalf) a limited amount of cannabis for their own medical purposes • Adults who are 18 years or older can grow up to 4 cannabis plants per residence for personal use from plants and seeds obtained from legal sources Please see below for information on the first two types of production. Commercial Cannabis Production Health Canada issues licences to allow the commercial cultivation, processing and sale of cannabis. There are stringent controls on the commercial production and sale of cannabis. Before a licence is issued, an application is subject to a rigorous review process, including an assessment of: • The physical security measures at the site; • How the applicant will keep records of their activities with cannabis, such as records for tracking sales, product returns and product inventory, • The processes that will be used for the building and the equipment to help ensure that cannabis meets quality standards appropriate to its intended use; and • The security profile of key personnel. Before submitting an application to Health Canada, an applicant must provide written notice to the local authorities (local government, fire authority and police). This notification alerts local authorities to the intentions of the applicant and provides municipalities with the opportunity to verify compliance with local by-laws, fire codes, and other rules. 1�1 1 Gouvernement Government du Canada of Canada Page 480 0 a 4 C, hl t r%i in+v of Cimr+nc jinn RAi inirinni (`nnrcrnc The notices must include the following: • Date each notice was sent or provided, • Name, title and address of senior official, • Name of applicant, • Expected date on which the applicant will submit application to Health Canada; • The class and subclass of the licence being sought, • The cannabis related activities that are expected to be conducted; and • The site address. In order for Health Canada to review a licence application, the Department requires evidence from the applicant that their site includes a fully built facility that meets the regulatory requirements. Prior to obtaining a licence under the Cannabis Act, applicants intending to cultivate cannabis indoors must also demonstrate to Health Canada that they have an air filtration system to prevent the escape of odours. Once the licence is issued, Health Canada has a range of compliance and enforcement tools to verify compliance with the Cannabis Regulations, including regular inspections. These inspections are conducted to ensure that cannabis is produced, sold, and distributed in accordance with the Cannabis Regulations. A licence holder also has an obligation to comply with all applicable provincial/territorial and municipal laws. It is outside of Health Canada's jurisdiction to enforce provincial or municipal legislation. If there are concerns that a licence holder is in contravention of provincial or municipal legislation, then the appropriate level of government should be contacted. A list of federally licensed production facilities is available on the Licensed cultivators, processors and sellers of cannabis under the Cannabis Act page of Health Canada's website. Cannabis for Medical Purposes Successive court decisions established the right of individuals to have reasonable access to cannabis for medical purposes. In response to these court decisions, a legal framework was established that gives Canadians three ways to access cannabis for medical purposes, with the authorization of their health care practitioner: 1. purchase quality-controlled cannabis from a wide variety of federally licensed sellers inspected by Health Canada, 2. produce a limited amount of cannabis for their own medical purposes; or 3. designate someone to produce it for them. Page 481 of 528 4 C, hl t r%i in+v of Cimr+nc RAi inirinni (`nnrcrnc Individuals who use cannabis for medical purposes can also purchase the same cannabis products without an authorization from provincial and territorial cannabis retailers. Differences between medical and non-medical cannabis There is no difference between cannabis products that can be purchased for medical or non- medical purposes. All legal cannabis products are produced by federally licensed cannabis processors. The difference between the two lies in how they can be obtained. While non-medical customers can only purchase cannabis through provincially or territorially authorized retailers (including online stores), individuals with the authorization of their health care practitioner can also register with holders of a sales for medical purposes licence to purchase products directly and have them delivered by mail or courier. Cannabis products available produced by federally licensed cannabis processors or sold for medical purposes have not been subject to a comprehensive review of safety, efficacy or quality and are not approved therapeutic substances. To obtain authorization to market drugs with health claims in Canada, drug manufacturers must submit evidence, which includes information on the effectiveness, dosage, route of administration contraindications, side effects, and quality of a drug. If Health Canada concludes that the overall benefits of the drug outweigh its risks, the product will be authorized for sale in Canada and a Drug Identification Number (DIN) will be assigned and subsequently be authorized for sale as an approved therapeutic substance. Authorization from a Healthcare Practitioner Individuals must first obtain written authorization from their health care practitioner to apply to Health Canada to produce a limited amount of cannabis for their medical purpose. Health Canada does not play a role in determining whether cannabis is appropriate for a patient. A health care practitioner will make this decision through a discussion with their patient and will indicate the daily amount. The number of plants that an individual is permitted to grow is based on a formula that takes into account both the individual's daily dose and the average yield of a plant under certain growing conditions. The regulation of health care practitioners and the practice of medicine is the responsibility of provinces and territories, professional colleges or law enforcement, as applicable. Any questions about the conduct of health care practitioners, including nurse practitioners, should be addressed to provincial or territorial professional colleges, which regulate the practice of medicine and nursing. A number of the provincial and territorial regulatory bodies have developed guidance for their members on authorizing cannabis for medical purposes. In addition, the College of Family © Page 482 of 528 4 C, hl t r%i in+v of Cimr+nc hAi inirinni (`nnrcrnc Physicians of Canada (CFPC) has published a guide entitled Authorizing Dried Cannabis (Medical Marijuana) for Chronic Pain or Anxiety: Preliminary Guidance. Health Canada has published a document entitled Information for Health Care Professionals: Cannabis (marihuana, marijuana) and the cannabinoids to help patients and health care practitioners make informed decisions about the benefits and risks of using cannabis for medical purposes, including information on dosage amounts. Cannabis research is fundamental to understanding the health and safety effects of cannabis use. The Government of Canada and the Canadian Institutes of Health Research are investing in this research, and the results are being shared with national and provincial medical regulatory authorities to help support health care practitioners in their decision-making with respect to cannabis for medical purposes. Personal and designated production of cannabis for medical purposes Health Canada reviews all applications to ensure that the regulatory requirements are met, before a registration certificate is issued. The information in an application includes: • an original medical document which indicates the daily amount of cannabis authorized by a health care practitioner; • the patient's name and date of birth; • the residential, production and storage site addresses, • an indication as to whether the cannabis production will take place indoors or outdoors (i.e., in the case of outdoor production, the proposed site must not be adjacent to a school, playground, daycare or other public space frequented mainly be persons under the age of 18), • signed declarations that the individual (and, if applicable, the designated producer) will take all necessary measures to ensure the security of cannabis; • property owner's consent, if production takes place at location other than the individual's ordinary place of residence; and • confirmation that they have not been convicted of certain relevant offences in the last 10 years. If these regulatory requirements are not met, Health Canada must refuse to issue a registration. Health Canada may also refuse to issue a registration where the registration is likely to create a risk to public health or public safety. The number of plants any person may be authorized to grow for their own medical purposes is determined by a formula that takes into account both the daily amount (i.e. dose) of cannabis authorized by the health care practitioner, and the average yield of a plant under normal growing conditions. No person is permitted to grow in excess of the number of plants specified by Health Canada on their registration document. It is important to note that: Page 483 of 528 4 C, hl t r%i in+v of Cimr+nc jinn hAi inirinni (`nnrcrnc • A registration certificate is valid for a maximum of one year. • All persons authorized to produce a limited amount of cannabis for medical purposes must abide by the law and operate at all times within the limits set out in their registration. • Individuals are only authorized to produce and possess cannabis for their own medical purposes (or for the individual they are designated to produce for), and it is illegal for them to sell the cannabis they have produced to anyone else. • Individuals who do not comply with their registration requirements—or any other relevant legislation—may be subject to compliance and enforcement measures, including referral to law enforcement. • Individuals are required to comply with all relevant provincial/territorial and municipal laws, including local by-laws about zoning, electrical and fire safety, as well as all related inspection and remediation requirements. Health Canada has published recommended safety and security considerations for individuals who are producing cannabis for their own medical purposes. The Information bulletin: safety and security considerations when producing cannabis for your own medical purposes includes information related to production, storage and disposal of cannabis to reduce the risks to health and safety. Provincial/territorial and local laws and other requirements Health Canada encourages all provinces/territories and municipalities to use the tools at their disposal to ensure that individuals meet all standards and bylaws, including local by-laws about zoning, noise, and odour. Municipalities could, for example, require building permits and inspections of electrical work in production sites. Municipalities may also want to refer to the Municipal Guide to Cannabis Legalization developed by the Federation of Canadian Municipalities, which provides guidance in areas such as odour and other nuisances. Complaints Related to Cannabis Complaints or concerns regarding a cannabis site, product, service, accessory, promotion, or other aspects of laws and regulations can be reported to Health Canada using the on-line Cannabis Reporting Form. When Health Canada receives a complaint regarding an individual registered to grow cannabis for medical purposes, it reviews the complaint to determine if there have been breaches of regulatory requirements. If non-compliance with the regulations is found, Health Canada has a range of enforcement tools at its disposal, from sending a compliance letter with a reminder of their legal obligations up to and including sending them a notice of intent to cancel their registration. Page 484 of 528 4 C, hl t r%i in+v of Cimr+nc jinn hAi inirinni (`nnrcrnc Illegal Activities with Cannabis As in any regulatory framework, there will be instances where individuals choose to operate outside of the law. If you suspect that an individual is violating a law, including the Cannabis Act and the Criminal Code, you should contact your local law or municipal by-law enforcement authority. In the context of an investigation, law enforcement has the ability to enter residences and any production sites. Registered and designated persons should be prepared to show a copy of their Health Canada issued documentation to law enforcement, if requested. Health Canada supports law enforcement representatives by providing a dedicated service 24 hours a day and seven days a week to confirm the amount of cannabis that specific individuals under investigation are authorized to possess or produce for medical purposes. In addition, if Health Canada confirms that there is not a registration for personal or designated production at an address provided to the Department, Health Canada will share this information with local law enforcement. Page 485 of 528 Schedule 1 16.h) County of S @egQfI PFLd&rWQ0�p:2(�ontinuing Municipal Concerns ... =+ SlCOUNTY OF�r County of Simcoe Main Line (705)726-9300 COFAS 1110 HighwayOffice of the 426, Fall Free x(705) 725) 2859300 !�� Midhurst, Ontario L9X 1 N6 simcoe.ca May 6, 2021 **sent via email to cannabis.consultation(a)canada.ca ** Controlled Substances and Cannabis Branch Health Canada Address locator 0302B Ottawa, Ontario K1A OK9 RE: Consultation on Guidance on Personal Production of Cannabis for Medical Purposes Thank you for engaging with various groups across Canada, including local governments, on the factors that may be considered for refusal or revocation of a registration on public health and public safety grounds. The County of Simcoe, an upper-tier municipality, is located within the outer ring of the Greater Golden Horseshoe, in the Province of Ontario. On behalf of the County's sixteen (16) local member municipalities experiencing ongoing issues related to cannabis, the County of Simcoe requests support from Health Canada. Previous correspondence was submitted to Health Canada on January 12, 2021 and is attached hereto. While the County is experiencing a number of challenges related to both commercial cannabis licences and personal or designated production of cannabis for medical purposes, our comments herein are limited to the latter for the purposes of the current consultation. On April 27, 2021, County Council passed the following motion (Recommendation CCW-95-21): Moved by: Councillor Basil Clarke Seconded by: Councillor Mike Burkett That considering persons may now purchase cannabis, and grow up to four plants each, that Health Canada place a reasonable limit of cannabis plants permitted by personal applicants as determined by the Chief Medical Officer; and That all MP's, AMO and local municipalities be copied and requested to support the above recommendation; and That staff and the Warden issue a letter outlining the above recommendation; and That staff and the Warden issue a letter outlining the above recommendation prior to April 30, 2021. CARRIED Page 1 of 2 Page 486 of 528 Schedule 1 16.h) County of S @egQfI PF]Ld&rWQ0�p:2(�ontinuing Municipal Concerns ... The County of Simcoe requests that Health Canada place a reasonable limit of cannabis plants permitted by personal applicants as determined by the Chief Medical Officer. The College of Physicians and Surgeons of Ontario (CPSO) have a large role to play in the daily dose of cannabis prescribed for personal use. The County of Simcoe requests that Health Canada review the current registrations to produce cannabis for medical purposes and revoke registrations where prescriptions have been issued in excess under the provisions of Part 14 of the Cannabis Regulations. The County of Simcoe requests that Health Canada require the medical document authorizing cannabis for medical purposes be signed by a Canadian Medical Doctor. There have been "health care practitioners" in the area who specialize in areas other than medicine issuing signed documentation for personal medical production of cannabis. The County of Simcoe requests that Health Canada implement and enforce a monitoring program for the registrants. The lack of monitoring and lack of enforcement addressing municipalities concerns is creating undesirable illegal grow-operations in our community. The County of Simcoe requests that Health Canada remove immediately licences when persons are in violation of such licence. The County of Simcoe requests that Health Canada set standards for production amounts for prescribed medical conditions. Thank you for the opportunity to consult prior to publishing the final guidance document. We look forward to viewing changes in the final version of the document when available. Please keep the County of Simcoe informed by circulating future updates to warden(c)-simcoe.ca. Sincerely, The Corporation of the County of Simcoe Warden George Cornell cc: Members of Parliament— House of Commons Canada Association of Municipalities of Ontario Clerk—All 16 Simcoe County Local Member Municipalities Attachment: Letter to Health Canada dated January 12, 2021 Page 2 of 2 Page 487 of 528 Schedule 2 16.h) County of S @egQfI PpgJ@MQ0�p:2(�ontinuing Municipal Concerns ... =+ SlCOUNTY OF�r County of Simcoe Main Line (705)726-9300 COFAS 1110 HighwayOffice of the 426, Fall Free x(705) 725) 2859300 !�� Midhurst, Ontario L9X 1 N6 simcoe.ca August 10, 2021 Hon. Patty Hajdu, MP Minister of Health Hon. Bill Blair, MP Minister of Public Safety and Emergency Preparedness Dear Ministers Hajdu and Blair, RE: Continuing Municipal Concerns on Production of Cannabis for Medical Purposes The County of Simcoe is an upper-tier municipality located within the outer ring of the Greater Golden Horseshoe, in the Province of Ontario. On behalf of the County's sixteen (16) local member municipalities experiencing ongoing issues related to cannabis and cannabis grow operations, the County of Simcoe requests further consideration and communications to address some concerns. While we understand this is a complex issue requiring all levels of Government to work together, we need some support and follow through on commitments from Health Canada in terms of local municipal compliance and regard. Previous correspondence was submitted to Health Canada on January 12, 2021 and is attached hereto, along with a response from the Director, a submission on the cannabis consultations, and a letter you previously received from various MP's, including some of our own Federal representatives, outlining similar concerns on the matter. While the County is experiencing a number of challenges related to both commercial cannabis licences and personal or designated production of cannabis for medical purposes, our comments herein relate to municipal concerns and compliance relating to local planning matters and by-law enforcement. In particular, our concerns are in relation to issues which are a direct result of non-compliance with local planning requirments and by-law regulations, which these Health Canada issued permits were meant to have regard for prior to issuance. We can work with the larger commercial Iicenced producers for the most part due to regulations and monitoring. Issues with personal and designated growers who now appear subject to minimal federal regulation or compliance, are rarely monitored, and whom our member municipalities find themselves involved in costly LPAT hearings and have little or no authority to enforce municipal bylaws against, are the main problematic sector. Many of these have the ability for designated growers to produce for multiple licences and create major safety, nuisance and planning implications on our municipalities and residents due to the size of these operations. Page 1 of 3 Page 488 of 528 Schedule 2 16.h) County of S @egQfI PP]gJ&rWQ0�p:2(�ontinuing Municipal Concerns ... You are aware of our previous requests to place reasonable limits of cannabis plants permitted by personal use applicants as determined by the Chief Medical Officer, as well as our requests to review and regulate existing licences where prescriptions are in excess, or the cumulative impact of designated growers has had significant municipal impacts due to scale. We would very much welcome further discussions on some of the specific planning and by-law enforcement implications that are causing our municipalities significant time, money and impacting neighbouring residents with little or no municipal recourse available. Can we organize a discussion with some of our local Mayors who are being directly impacted, our MP's, yourself and your staff members so we can communicate and share our concerns with real life examples and the unintended impacts to municipalities and residents, to assist you in understanding and informing potential improvements to the system? Two examples of a potential discussion with you include the following: Licencing and Local Municipal Authorities Cannabis production processing is Federally regulated. Part 2, Subsection 7(1) of Regulation SOR/2018-144 (Cannabis Regulations) pursuant to the Cannabis Act (S.C. 2018, c. 16), states that: 7 (1) Before submitting an application to the Minister for a licence for cultivation, a licence for processing or a licence for sale that authorizes the possession of cannabis, the person that intends to submit the application must provide a written notice to the following authorities in the area in which the site referred to in the application is located: the local government; the local fire authority; and the local police force or the Royal Canadian Mounted Police detachment that is responsible for providing policing services to that area. Despite the above-noted notification requirement, it is the experience of some local municipalities in Simcoe County that Federal licenses have been issued to producers where no such notification has ever been provided to the municipality. It is recommended that as part of the licensing application process, Part 2, Subsection 7(1) of Regulation SOR/2018-144 be amended so that the applicant be required to provide to Health Canada the following documentation: A copy of the notice provided to local authorities; The local government's written acknowledgement of having received notice and including a listing of applicable local by-laws (e.g. zoning, building, nuisance control); and A written undertaking by the applicant acknowledging and agreeing to comply with applicable local by-laws and Provincial legislation and regulations. Furthermore, it is recommended that Part 2, Section 29 (Refusal, Suspension and Revocation) be amended to authorize the Health Canada to refuse to issue, renew or amend a licence where the applicant has failed to submit to Health Canada the above-noted documentation or where the applicant has failed to comply with local by-laws or Provincial legislation and regulations. Page 2 of 3 Page 489 of 528 Schedule 2 16.h) County of S @egQfI PP]g Q0�p:21Fontinuing Municipal Concerns ... Tools for Nuisance Mitigation The Province of Ontario currently has tools mitigate or reduce potential nuisance conflicts (e.g. noise, vibration, odour, dust, glare) between certain land uses. These tools include: D-Series Guidelines (pursuant to the Environmental Protection Act, RSO 1990, and The Planning Act, RSO 1990), including: -D-2 Compatibility between Sewage Treatment and Sensitive Land Use -D-4 Land Use On or Near Landfills and Dumps -D-6 Compatibility between Industrial Facilities Minimum Distance Separation (MDS I & 11) Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks, pursuant to the Provincial Policy Statement (2020), the Planning Act, 1990, the Building Code Act, 1992, the Nutrient Management Act, 2002 However, no similar tool currently exists that could be applied in order to mitigate or reduce the nuisance impacts (e.g. odour, light, noise) on surrounding residents and communities. It is recommended that the Province of Ontario, in cooperation with the Federal government (including any necessary amendments to the Federal Cannabis Act and Regulations), develop a Province-wide tool for the mitigation/reduction of nuisance impacts from cannabis production facilities, which can then be applied by local municipal governments. We look forward to hearing from you on our request for further discussion. Sincerely, The Corporation of the County of Simcoe Warden George Cornell cc: County Councillors Simcoe County Members of Parliament Association of Municipalities of Ontario Clerks —All 16 Simcoe County Local Member Municipalities Ontario Provincial Ministers of Health, Agriculture, Municipal Affairs Attachments: Letter from Various MP's dated November 3, 2020 Letter to Health Canada dated January 12, 2021 Director's response dated April 19, 2021 Submission to Cannabis Consultation dated May 6, 2021 Page 3 of 3 Page 490 of 528 19.a) 2021-088: A By-law to Appoint Building Inspectors and to Repeal By... The Corporation of the Township of Oro-Medonte By-Law No. 2021-088 A By-law to Appoint Building Inspectors and to Repeal By-laws 2019-090 and 2019-068 Whereas Section 3(2) of the Building Code Act, 1992, S.O. 1992, c.23, as amended provides that the Council of each municipality shall appoint such inspectors as are necessary for the purposes of the enforcement of the Act; And Whereas Section 3.1.4.1. Division C, Part 3 of the Ontario Building Code provides the authority for a person to be appointed under the Act as a Building Inspector; And Whereas the Council of the Corporation of the Township of oro-Medonte did on the 17t"day of July, 2019, enact By-law 2019-068, "A By-law to Appoint Building Inspectors"; And Whereas the Council of the Corporation of the Township of Oro-Medonte does now find it expedient to amend By-law 2019-068; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the employees of The Corporation of the Township of Oro-Medonte outlined below be appointed as Building Inspectors for the Township of Oro-Medonte: Jason Craig I'Z?N� Mateo Mir Bashiri Robert Liberty Garry McCartney""- Sherri-Lynn Moore Michael Ryan Delanie Wilson 2. That By-laws 2019-090 and 2019-068 are hereby repealed in their entirety. 3. That this by-law shall take effect on the final passing thereof. By-Law Read a First, Second and Third time, and Passed this 18t" day of August, 2021. '1W The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 491 of 528 19.b) 2021-090: A By-law to Appoint a Deputy Chief Building Official and... The Corporation of the Township of Oro-Medonte By-Law No. 2021-090 A By-law to Appoint a Deputy Chief Building Official and to Repeal By-law No. 2017-133 Whereas Section 3(2) of the Building Code Act, 1992, S.O. 1992, c.23, as amended provides that the Council of each municipality shall appoint a Chief Building Official and such Inspectors as are necessary for the enforcement of this Act; And Whereas Section 3(2) of the Building Code Act, 1992, S.O. 1992, c.23, as amended provides that the Council of each municipality may enter into an agreement providing for the appointment of a Chief Building Official and Inspectors as are necessary for the enforcement of this Act; And Whereas the Municipal Act, 2001, S.O. 2001, C.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; And Whereas the Council of the Corporation of the Township of Oro-Medonte did on the 25t"day of October, 2017, enact By-law No. 2017-133, "Being a By-law to appoint a Deputy Chief Building Official"; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That effective August 2, 2021, that Jason Craig be appointed as Deputy Chief Building Official. 2. That effective August 2, 2021, that Delanie Wilson be appointed as Deputy Chief Building Official. 3. That By-law 2017-133 be repealed in its entirety. 4. That this by-law shall take effect on the final passing thereof. By-Law Read a First, Second and Third time, and Passed this 18t" day of August, 2021. "' The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 492 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... The Corporation of the Township of Oro-Medonte By-law No. 2021-091 A By-law to Authorize the Execution of a Pre-Servicing Agreement with Eagles Rest Estates (2150505 ONTARIO INC.)—Draft Plan of Subdivision for: 1552 BASS LAKE SIDEROAD WEST, ORO CONS 3 AND 4 PT LOT 5 RP, 51 R37221 PARTS 3 AND 4, FORMERLY IN THE TOWNSHIP OF ORO, TOWNSHIP OF ORO-MEDONTE, COUNTY OF SIMCOE Whereas Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, ChapterP.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; And Whereas the Council of the Township of Oro-Medonte deems it advisable to enter into an Earthworks Pre-Servicing Agreement with Eagles Rest Estates (2150505 ONTARIO INC.) for the following lands: 1552 Bass Lake Sideroad West, ORO CONS 3 AND 4 PT LOT 5 RP, 51 R37221 PARTS 3 AND 4, formerly in the Township of Oro, Township of Oro-Medonte, County of Simcoe. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Pre-Servicing Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Pre-Servicing Agreement against the owners of the land; 3. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 18t" day of August, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes qqL.,4;— Clerk,Yvonne Aubichon Page 493 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... Schedule "A" to By-law No. 2021-091 for The Corporation of the Township of Oro-Medonte Pre-Servicing Agreement ter. Township of Proud Heritage,Exciting Future PRE-SERVICING AGREEMENT - between - EAGLES REST ESTATES -and- THE CORPORATION OF THE TOWNSHIv OF ORO-MEDONTE 1552 BASS LAKE SIDEROAD WEST ORO CONS 3 AND 4 PT LOT 5 RP, 51R37221 PARTS 3 AND 4 1% 1% TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE August 18,2021 By-Law No. 2021-091 Page 494 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... PRE-SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the"Township") - and - EAGLES REST ESTATES (hereinafter called the"Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the"Subdivision Lands"); AND WHEREAS the Developer desires to commence installing municipal services within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk in commencing installation of Township services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the execution of a Subdivision Agreement with the Township and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever,which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1.2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre-servicing of the Subdivision Lands shall cease immediately. 1.3 The Developer acknowledges and agrees that Engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision Lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the Engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer, pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. The Engineering Design plans are as follows: Gerrits Engineering Limited (Contract No. 970-003-19) Cover Page General Servicing Plans General Servicing Plan GS-1 General Servicing Plan GS-2 Page 495 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... Drainage Plans Pre-Development Stormwater Drainage Catchment Areas SWM-1 Post Development Stormwater Drainage Catchment Areas SWM-2 Storm Drainage Plan 1 STM-1 Storm Drainage Plan 2 STM-2 Storm Drainage Plan 3 STM-3 Sanitary Drainage Plan 1 SAN-1 Sanitary Drainage Plan 2 SAN-2 Sanitary Drainage Plan 3 SAN-3 Grading Control Plans General Control Plan GR-1 General Control Plan GR-2 General Control Plan GR-3 General Control Plan GR-4 General Control Plan GR-5 General Control Plan GR-6 General Control Plan GR-7 General Control Plan GR-8 General Control Plan GR-9 General Control Plan GR-10 Plan and Profiles Plan & Profile Street A-STA 0+000.0 to STA 0+080.0 PP-1 Plan & Profile Street B-STA 0+000.0 to STA 0+130.0 PP-2 Plan & Profile Street B-STA 0+130.0 to STA 0+360.0 PP-3 Plan & Profile Street B-STA 0+360.0 to STA 0+580.0 " PP-4 Plan & Profile Street B-STA 0+580.0 to STA 0+820.0 PP-5 Plan & Profile Street B-STA 0+820.0 to STA 1+040.0 PP-6 Plan & Profile Street B-STA 1+040.0 to STA 1+260.0 PP-7 Plan & Profile Street B-STA 1+260.0 to STA 1+446.0 PP-8 Plan & Profile Street C-STA 0+000.0 to STA 0+120.0 PP-9 Plan & Profile Street C-STA 0+120.0 to STA 0+300.0 PP-10 Plan & Profile Street C-STA 0+300.0 to STA 0+443.0 PP-11 Plan & Profile Street D-STA 0+000.0 to STA 0+198.0 PP-12 Plan & Profile Street E-STA 0+000.0 to STA 0+160.0 PP-13 Plan & Profile Street E-STA 0+160.0 to STA 0+360.0 PP-14 Plan & Profile Street E-STA 0+360.0 to STA 0+550.0 PP-15 Plan & Profile Street E-STA 0+550.0 to STA 0+730.0 PP-16 Plan & Profile Street E-STA 0+730.0 to STA 0+870.0 PP-17 Plan & Profile Street E-STA 0+870.0 to STA 1+141.9 PP-18 Plan & Profile Street G-STA 0+000.0 to STA 0+170.0 PP-20 Plan & Profile Street G-STA 0+170.0 to STA 0+325.0 PP-21 Plan & Profile Street H-STA 0+000.0 to STA 0+192.0 PP-22 Plan & Profile Street I -STA 0+000.0 to STA 0+195.0 PP-23 Bass Lake Side Road-STA 0+000.0 to STA 0+220.0 PP-24 Bass Lake Side Road-STA 0+220.0 to STA 0+450.0 PP-25 Bass Lake Side Road-STA 0+450.0 to STA 0+720.0 PP-26 Bass Lake Side Road-STA 0+720.0 to STA 1+000.0 PP-27 Line 3 North -STA-0+112.0 to STA 0+092.65 PP-28 Storm Pond Plans Stormwater Management Pond Plans PND-1 Stormwater Management Pond Plans PND-2 Stormwater Management Pond Plans PND-3 Stormwater Management Pond Plans PND-4 Page 496 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... Composite Utility Plans Composite Utility Plan CU-1 Composite Utility Plan CU-2 Traffic Management Plans Traffic Management Plan TMP-1 Traffic Management Plan TMP-2 Notes and Details Plans General Notes ND-1 Township of Oro-Medonte Standard Details ND-2 Township of Oro-Medonte Standard Details ND-3 OPSD Standard Details ND-4 OPSD Standard Details ND-5 Erosion &Sediment Control Plans Erosion &Sediment Control Notes and Details Plan ESC-1 Erosion &Sediment Control ESC-2 Erosion &Sediment Control ESC-3 Erosion &Sediment Control ESC-4 Removals Plans Removals Plans RM-1 Cross Section Plans Cross Section—STA 0+020.0 to STAfO+240.0 20.0 CS-1 Cross Section—STA 0+140.0 to STA CS-2 Cross Section—STA 0+260.0 to STA 0+400.0 CS-3 Cross Section—STA 0+420.0 to STA 0+540.0 " CS-4 Cross Section—STA 0+560.0 to STA 0+660.0 CS-5 Cross Section—STA 0+680.0 to STA 0+780.0 CS-6 Cross Section—STA 0+800.0 to STA 0+900.0 CS-7 Cross Section—STA 0+920.0 to STA 0+960.0 CS-8 Cross Section—STA-0+100.0 to STA 0+080.0 CS-9 1.4 The Developer acknowledges and agrees that this Agreement relates to and permits the installation of the following Township services on the Subdivision Lands: 1. Site preparation (clearing and grubbing, strip, load, transport off-site and stockpile on-site topsoil); 2. Earthworks (on-site grading and excavation, importing and placing fill); 3. Road works; 4. Installation of watermains; and 5. Drainage works, storm sewers and stormwater management works. 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township laws, By-laws, standards and policies. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: Page 497 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... 1. Retainer-That their firm has been retained by the Developers to act as Consulting Engineers for Braestone Development Corporation. 2. Terms of Retainer -The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals-Obtain all necessary approvals to construct; d) Co-ordination -Co-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; e) On-Site Inspections - Ensure that all on-site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; f) As-Constructed Drawings-Submit certified "as-constructed" drawings after acceptance of the Township services; g) Change in Retainer— If at any time during the project: i) The terms of their retainer are changed by the Developer, or; ii) If they become aware that they will not be able to provide"as constructed" drawings, they will notify the Township within twenty-four(24) hours; h) Erosion and Siltation Control- Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) The Township Engineering Consultant has no objection to the pre- servicing; 2) The Planning Division has no objection to the pre-servicing; 3) The Nottawasaga Valley Conservation Authority has no objection to the pre-servicing; and 4) The Township Solicitor has no legal objections to the pre-servicing. c) Payment of cash or certified cheque required to cover the cost of the Township's lawyer and Planner for all costs involved in processing the Pre- Servicing Agreement, and for all the Township Engineering Consultant for checking of plans, specifications and inspection on behalf of the Township for the sum of Ten Thousand Dollars($10,000). As accounts are received from the Township Planner, lawyer, and Engineering Consultant, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days. In the event that the deposit is drawn down to a level of Five Thousand Dollars($5,000) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer is in default of this Agreement and all work must cease; d) A Letter of Credit, as per Schedule"C", in the amount set out in Schedule "B", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township, default under the terms of this Page 498 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part; e) A certified copy of an insurance policy, or a certificate of insurance, confirming comprehensive general liability in the amount of Five Million Dollars ($5,000,000.00), naming the Township and The Jones Consulting Group Ltd. as co-insured, and containing the following additional provisions or endorsements: 1) Products/Completed Operations provisions; 2) Cross-liability clause; 3) Notice of Cancellation -a provision that the insurance company agrees to notify the Township within fifteen (15) days, in advance, of any cancellation or expiry of the said insurance policy. f) All Servicing Plans shall be submitted to and accepted by the Township Engineering Consultant. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the Engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township,there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents,which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement,shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer, pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. 7. NOTICE Page 499 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Eagles Rest Estates 200 Ronson Dr. Etobicoke, ON M9W 5Z9 and such notice shall be deemed to have been given and received on the third day after mailing. 8. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. Page 500 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this day of , 2021. EAGLES REST ESTATES Per: (signature) Julien Di Ciano President I have authority to bind the corporation IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this day of , 2021. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: H.S. Hughes, Mayor Per: Yvonne Aubichon, Clerk N% Page 501 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... SCHEDULE "A" DESCRIPTION OF LANDS: 1552 BASS LAKE SIDEROAD WEST ORO CONS 3 AND 4 PT LOT 5 RP, 51 R37221 PARTS 3 AND 4 Horseshoe V y s m SUBJECT LANDS 5yL � f 7m Page 502 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... SCHEDULE "B" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP: 1. Township's lawyer and Planner for all costs involved in processing the Pre- Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township. $10,000.00 TOTAL CASH DEPOSITS TO THE TOWNSHIP $10,000.00 2. A Letter of Credit as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. Pre-Servicing Earthworks Agreement $469,050.00 A Site Preparation, ESC Measures & Removals $190,000.00 B Sanitary Sewers & Forcemains $1,276,196.00 C Storm Sewers $1,449,213.00 D Outlets &SWM Facilities $419,340.00 E Watermains $1,095,116.00 F Roadworks $2,120,340.00 Subtotal of Works $7,019,255.00 4010% Contingency $701,925.50 _ HST(13%) $1,003,753.47 SECURITY TO BE DEPOSITED WITH THE TOWNSHIP $8,724,933.97 Page 503 of 528 19.c) 2021-091 : A By-law to Authorize the Execution of a Pre-Servicing A... SCHEDULE "C" SUBDIVISION AGREEMENT-STANDARD FOR THE TOWNSHIP "STANDBY" LETTER OF CREDIT /IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Oro Ontario, LOL 2XO We hereby authorize you to draw on the Bank of Ontario, , for the account of , up to an aggregate amount of ($$$$$$$$) which is available on demand. Pursuant to the request of our said customer, we, the Bank of I , Ontario, , hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of I , Ontario, The Letter of Credit, we understand, relates to a Pre-Servicinq Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of: (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at Ontario, this day of 2021. Authorized Signature Authorized Signature Bank of Page 504 of 528 19.d) 2021-092: A By-law to Amend By-law 2021-020 "A By-law to Appoint M... The Corporation of the Township of Oro-Medonte By-law No. 2021-092 A By-law to Amend By-law 2021-020 "A By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers" Whereas Section 224 of the Municipal Act 2001, S.O. 2001, c. 25, Section 224, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; And Whereas Section 15 of the Police Services Act, R.S.O. 1990, Chapter P.15, Section 15, provides the appointment of Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of a municipality; And Whereas the Council of the Corporation of the Township of Oro-Medonte did on the 10t"day of February, 2021, enact By-law2021-020, "A By-law to Appoint Municipal Law Enforcement Officers/provincial Offences Officers"; And Whereas the Council of the Corporation of the Township of Oro-Medonte does now find it expedient to amend By-law 2021-020; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule"A" of By-law2021-020 be amended by deleting "Andrew Quattrociocchi" and adding"Delanie Wilson", Robert Liberty", and Mateo Mir Bashiri"; 2. That Schedule"A" of By-law2021-020 be amended by adding the following: Mateo Mir Bashiri "\ Robert Liberty Delanie Wilson 3. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 18t" day of August, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 505 of 528 19.e) 2021-093, Being a By-Law to Re-divide the Ward Boundaries within t... The Corporation of the Township of Oro-Medonte By-Law No. 2021-093 Being a By-Law to Re-divide the Ward Boundaries within the Township of Oro-Medonte Whereas subsection 222(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to divide or re-divide the municipality into wards or to dissolve the existing wards; And Whereas the Council of The Corporation of the Township of Oro-Medonte engaged Watson and Associates, Economists Ltd., and Dr. Robert Williams to undertake a Ward Boundary Review; And Whereas three (3) Public Consultation Sessions were held on April 8, 12 and 15, 2021 to seek public input on the Ward Boundary Review and Council Composition Review; And Whereas three (3) Public Consultations Sessions were held on June 8 & 10 (a.m. and p.m.)to seek public input on the preliminary ward boundary options; And Whereas the six (6) Public Consultation Sessions were held in conjunction with an interactive Ward Boundary Webpage and surveys; And Whereas at its regular Council meeting of July 20, 2021 Council passed Motion No. C210720-11 approving in principle a six (6) ward structure with consideration for the re-division of ward boundaries for final approval on August 18, 2021; 6- Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Township is hereby re-divided into six (6)wards, as described in Schedule A attached hereto and forming part of this by-law. The maps are provided for guidance only and the actual ward boundaries shall be as described. 2. That the Mayor shall be elected by general vote. 3. That the Councillors to represent each of six (6)wards shall be elected by ward. 4. That the Clerk be authorized to enact minor amendments to the ward descriptions, as required, in order to ensure accurate boundaries as approved by Council. 5. That the Clerk is directed to do all things necessary to give effect to this By-law, including giving required notice. 6. That this By-law shall come into force and take effect as set out in subsection 222(8) of the Municipal Act, 2001. By-Law Read a First, Second and Third time, and Passed this 18t" day of August, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 506 of 528 19.e) 2021-093: Being a By-Law to Re-divide the Ward Boundaries within t... By-law 2021-093 Schedule "A" Ward 1 Beginning where the centre line of Line 7 North intersects the centre line of Horseshoe Valley Road W,following the centre line of Line 7 North in a southerly direction to the centre fine of Bass Lake Side Road West, then following the centre line of Bass Lake Side Road West in a westerly direction to the centre line of Line 3 North. Following the centre line of Line 3 North in a northerly direction to the centre line of Horseshoe Valley Road West,following along the centre line of Horseshoe Valley Road West in a westerly direction to the southwest corner of property ARN#434602001000500. Following the western property line of ARN 434602001000500 and 434602001000200 in a northerly direction,following the northern property line of ARN 434602001000200 in an easterly direction to where it meets in northwest corner of property ARN 434602001005600 and continuing in an easterly direction to the northeast corner of property ARN 434602001006000 to the centre line of Line 5 North. Following the centre line of Line 5 North in a southerly direction to the centre line of Horseshoe Valley Road West, then following the centre line of Horseshoe Valley Road West in an easterly direction to the intersection of the centre line of Line 7 North and the point of origin. Ward 2 Beginning where the centre line of Highway 400 would meet the centre line of Line 9 North if extended over the Highway, following in a northerly direction along the centre line of Highway 400 to where it meets the Township's municipal boundary. Following the municipal boundary in an easterly direction to its intersection with Town Line and then continuing in a southerly direction along the municipal boundary to where it meets the center line of Bass Lake Side Road East then following the centre line of Bass Lake Side Road East in a westerly direction to where it meets the centre line of Line 13 North. Following the centre line of Line 13 North in a southerly direction to intersect with Bass Lake Side Road East, following Bass Lake Side Road East to the centre line of Line 7 North,then following along the centre line of Line 7 North to the centre line of Horseshoe Valley Road. Following the centre line of Horseshoe Valley Road in an easterly direction to the centre line of Line 9 North and continuing north along the centre line of Line 9 North to where it meets the centre line of Highway 400 and the point of origin. Ward 3 Beginning where the centre line of Bass Lake Side Road West intersects the centre line of Line 4 North, and following Line 4 North in a southerly direction to where it meets the settlement boundary of Edgar. Following the western edge of the Edgar settlement area boundary in a southerly direction to where it meets the centre line of Line 4 North,following the centre line of Line 4 North in a southerly direction to where it intersects the Townships municipal boundary(waterfront). Following the municipal boundary in a westerly direction along the waterfront in a westerly direction to where it meets the centre line of Penetanguishene Road. Following the centre line of Penetanguishene Road in a northerly direction and continuing along the municipal boundary in a westerly direction to where it intersects the centre line of Highway 400. Following the centreline of Highway 400 in a northerly direction to where it intersects the centre line of Penetanguishene Road,then following the centre line of Penetanguishene Road in a southerly Page 507 of 528 19.e) 2021-093: Being a By-Law to Re-divide the Ward Boundaries within t... direction to the southwestern corner of property ARN 434602000101800. Following the southern boundary of the property ARN 434602000101800 in a easterly direction to the northeast corner of property ARN 434602000101703. Following the eastern property line of ARN 434602000101703 and following along to the southwestern corner of property ARN 434602000118800 and following along the southern boundary of the property line of ARN 434602000118800 and continuing along the eastern boundary of property ARN 434602000118400 to where it meets the centre line of Horseshoe Valley Road W. Following in an easterly direction along the centre line of Horseshoe Valley Road W to where it intersects the centre line of Line 3 North,then following Line 3 North in a southerly direction to the centre line of Bass Lake Sideroad W, following the centreline in an easterly direction to the centre line of Line 4 North and the point of origin. Ward 4 Beginning where the centre line of Bass Lake Side Road East meets the centre line of Line 10 North,then following Line 10 in a southerly direction to where, if extended, meets the municipal boundary line to the south(waterfront). Following the Township's municipal boundary line along the waterfront in a westerly direction to where it meets the centre line of Line 4 South. Following Line 4 South in a northerly direction to where it intersects the southern boundary of the Edgar settlement area. Following in a northerly direction along the west edge of the Edgar settlement area boundary to where the northern edge of the boundary intersects the centre line of Line 4 North. Following Line 4 North in a northerly direction to the centre line of Bass Lake Sideroad West, then following the centre line of Bass Lake Sideroad West in a easterly direction to Bass Lake Side Road East and continuing on Bass Lake Side Road East to the centre line of Line 10 North and the point of origin. Ward 5 Beginning where the centre line of Bass Lake Sideroad East meets the centre line of Line 10 North, following the centre line of Bass Lake Sideroad East in an easterly direction to the centre line of Line 13 North,following line 13 North to the centre line of Bass Lake Sideroad East and continuing in an easterly direction to the Township's boundary(Line 15). Following the Township's boundary line in a southerly then easterly then southerly direction again,then following the waterfront to where it meets the centre line of Line 10 South. Following the centre line of Line 10 South in a northerly direction to the centre line of Bass Lake Sideroad East and the point of origin. Ward 6 Beginning in the northwest corner of the Township, where the centre line of Vasey Road meets the centre line of Scarlett Line,following a northeast direction along the centre line of Vasey Road to the northeast corner of the Township, then following in a southerly direction along the Township's municipal boundary to where it intersects the centre line of Highway 400. Following the centre line of Highway 400 in a westerly direction to the centre line of Line 9 North, then following the centre line of Line 9 North in a southerly direction to the centre line of Horseshoe Valley Road. Following Horseshoe Valley Road in a westerly direction to the centre line of Line 5 North,then following Line 5 North in a northerly direction to the northeastern corner of property ARN 434602001006000. Following along the northern boundary of property ARN 434602001006000, 434602001005600 and 434602001000200 and down the Page 508 of 528 19.e) 2021-093: Being a By-Law to Re-divide the Ward Boundaries within t... western edge of ARN 434602001000200 to the northeastern corner of property ARN 434602000118400. Following the northern edge of property ARN 434602000118400 and 434602000118600 to southeastern corner of property ARN 434602000101703 and following along the properties eastern edge and continuing across the northern edge of property ARN 434602000101703 to the centre line of Penetanguishene Road. Following the centre line of Penetanguishene Road in a northerly direction to the centre line of Highway 400, then following the centre line of Highway 400 in an easterly direction to where it meets the Townships municipal boundary(Scarlet Line)and following the municipal boundary in a northerly direction to where it meets the centre line of Vasey Road and the point of origin. Page 509 of 528 19.e) 2021-093: Being a By-Law to Re-divide the Ward Boundaries within t... Schedule"B" By-law 2021-093 V - -- - - OWatson� a atsa n rr I VASEY ROAD - Legend L ls.n� a�nrea -- i �Nard 1 - w.rd 2 ward a Ward 4 ward l -W2rd 6 MOONSTONE ROAD WEST 1 - W6 MOUNT SAINT LOUIS ROAD FAIR VALLEY OHURrH ROAD z m 400 z m 0 � O z 1 r O I z z •lNarmin`steo m m z z 0 0 3 N Craighurst OE VALLEY ROADr— � darratt paces Corners NHo e h eValley I-_ 00 Sug rbush W1 W3 BASS LAKE SIDEROAD WEST BASS LAKE SIDEROAD EAST m z z m 400 z O -mi OLD BARRIE ROAD WEST z. 2 OLD BARRIE ROAD EAST O z ;dg zr� Rugbyam c rm rn u C T WJ Forest Home m 0 YY A A A � D SIDEROAD 18&16 EAST Eas�Oro Z m z m m n W3 z m p Z Z 5 p a z a Guthrie 11 { T "z' m FASt I s ti 5OJ N u+ GE F{OPO�I �� _ � r Qro Station S t\ �Srianty Bayer Like Siam oe Page 510 of 528 19.f) 2021-094, Being a By-Law to Change the Composition of Council for ... The Corporation of the Township of Oro-Medonte By-Law No. 2021-094 Being a By-Law to Change the Composition of Council for the Township of Oro-Medonte Whereas subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a lower-tier municipality may pass by-laws, inter alia with respect to the governance structure of the municipality; And Whereas subsection 217(1) of the Municipal Act, 2001 provides that a local municipality is authorized to change the composition of its council subject to certain rules; And Whereas the Deputy Mayor of the Council of The Corporation of the Township of Oro-Medonte is currently elected at large pursuant to subsection 3(1) of the County of Simcoe Act, 1993, S.O. 1993, c. 33, as continued by section 458 of the Municipal Act, 2001; And Whereas the Township held three (3) Public Consultation Sessions on April 8, 12 and 15, 2021 to seek public input on its Ward Boundary Review and Council Composition Review; And Whereas three (3) Public Consultations Sessions were held on June 8 & 10, 2021 (a.m. and p.m.)to seek public input on the preliminary ward boundary options; And Whereas the six (6) Public Consultation Sessions were held in conjunction with an interactive Ward Boundary Webpage and surveys; And Whereas at its regular Council meeting on July 20, 2021 Council passed Motion No. C210720-11 approving in principle a six (6)ward structure, together with a new method for the selection of the Township's Deputy Mayor from amongst the six (6) ward Councillors who are elected, and presented for Council's consideration and final approval on August 18, 2021; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: . 1. That the Deputy Mayor will no longer be elected by general vote. 2. That the Deputy Mayor will be selected by a vote of Council to be conducted at the inaugural meeting of the new Council for each term following a regular election. 3. That any member of Council, with the exception of the Mayor, may stand for appointment as Deputy Mayor for the full term of the Council. 4. That if two (2) or more members of Council are nominated for Deputy Mayor, Council may use a ballot system for voting as set out in Section 10—Use of Ballot for Determining Appointee of Procedure By-law 2017-165. 5. That this By-law shall come into force and take effect as set out in subsections 217(3) and (4) of the Municipal Act, 2001 By-Law Read a First, Second and Third time, and Passed this 18t"day of August, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 511 of 528 19.g) 2021-096: A By-law to amend the zoning provisions which apply to I... The Corporation of the Township Of Oro-Medonte By-Law No. 2021-096 A By-law to amend the zoning provisions which apply to lands at Part of West Half of Lot 15, Concession 8 (Medonte) Township of Oro-Medonte 2021-ZBA-09 (2353970 Ontario Inc.) 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 Sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands in accordance with Section C3.2 of the Official Plan. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A24' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of West Half of Lot 15, Concession 8 (Medonte), Township of Oro-Medonte, from the Local Commercial (LC)Zone to the Residential One (Holding) (R1(H))Zone and to the Environmental Protection Exception 331 (EP*331)Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7—Exceptions of Zoning By-law 97-95 as amended is hereby further amended by adding the following subsection: "7.331**331*—PART OF WEST HALF OF LOT 15,CONCESSION 8(MEDONTE) The provisions of Section 5.27—Lands Adjacent to Environmental Protection Zone, shall not apply to lands adjacent to the lands denoted by the symbol *331* on the schedule to this By-law." 3. Conditions for Removal of Holding Provision: Prior to any development on the lands identified on Schedule"A"to this By-law, the Holding Provision shall, upon application by the landowner, be removed by way of an amending Zoning By-law, from all or part of the lands subject to this provision when the following condition has been satisfied: a) That a Consent/Development Agreement between the landowner and the Township of Oro-Medonte has been executed, all securities and financial requirements set out in the Agreement have been received by the Township, and the agreement has been registered on the title to the lands. 4. Schedule"A" attached to By-law No. 2021-096 is declared to form a part of this By-law. 5. 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 18t" Day of August, 2021. The Corporation of the Township Of Oro-Medonte Mayor, H.S. Hughes Clerk, Y. Aubichon Page 512 of 528 19.g) 2021-096: A By-law to amend the zoning provisions which apply to I... Schedule "A" To By-Law No. 2021-096 The Corporation of the Township of Oro-Medonte 94 62 721 2 Li 102 90 Moonstone Rd. E. 13 44 28 30 42 40 11 Brechin Cres. 81 38 9 19 O 7 30m 36 c 47 8 d 5 90m 34 6 3 24 26 28 30 32 45 4 A 53 7 22 1 Bachly Ave• Q 12 n 5 3 29 31 35 51 23 27 ® From Local Commercial(LC)Zone To Residential One Holding(R1(H))Zone From Local Commercial(LC)Zone To Environmental Protection Exception 331 (EP`331)Zone This is Schedule"A" to By-Law 2021-096 passed the 18t" day of August, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Y. Aubichon (Application 2021-ZBA-09) Page 513 of 528 19.h) 2021-097, Being a By-law to Authorize the Execution of an Agreemen... The Corporation of the Township of Oro-Medonte By-Law No. 2021-097 Being a By-law to Authorize the Execution of an Agreement for 9-1-1 Central Emergency Reporting Bureau (C.E.R.B.) Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2020-131 Whereas Section 20(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, provides that municipalities may enter into an agreement with other municipalities for joint undertakings; And Whereas Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, provides that a municipality may establish, maintain and operate a centralized communication system for emergency response purposes; And Whereas Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality; And Whereas the Township of Oro-Medonte and the City of Orillia are desirous of entering into a renewal agreement for 9-1-1 Central Emergency Reporting Bureau (C.E.R.B.) Services; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Township of Oro-Medonte enter into an agreement with the City of Orillia for 9-1-1 Central Emergency Reporting Bureau (C.E.R.B.) Services, a copy of which is attached hereto and forms part of this By-law as Schedule"A". 2. That the Clerk is hereby authorized to execute the agreement on behalf of the Corporation. 3. This agreement comes into effect on the 1st day of January, 2021 and shall continue in force for a three-year period until midnight on the 31st day of December, 2022. 4. That By-Law No. 2020-131 is hereby repealed. 5. That this by-law shall take effect on the final passing thereof. By-Law Read a First, Second and Third time, and Passed this 18t"day of August, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 514 of 528 19.h) 2021-097: Being a By-law to Authorize the Execution of an Agreemen... MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS DAY OF A.D. 20_ BETWEEN: THE CORPORATION OF THE CITY OF ORILLIA hereinafter called the "City" OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter called the "Township" OF THE SECOND PART WHEREAS Section 116(1) of the Municipal Act, S.O. 2001, c. 25 authorizes the municipality to establish, maintain and operate a centralized communication system for emergency purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection services as may be specified in the agreement to lands and premises that are situated outside the territorial limits of the municipality; AND WHEREAS the Township and the City are desirous of entering into an Agreement for the City to provide certain 9-1-1 Central Emergency Reporting Bureau (C.E.R.B.)services to the Township; AND WHEREAS Bell Canada has installed the 9-1-1 equipment and the enhanced 9-1-1 system is operational for the City and the Township; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and conditions herein contracted, the Parties hereto do mutually covenant and agree as follows: 1. CITY'S RESPONSIBILITIES The City shall be responsible for the following: Providing emergency 9-1-1 C.E.R.B. services to the Township including: a) The 9-1-1 answering bureau (C.E.R.B.) shall be a part of and located in the City of Orillia Fire Department Communications Centre and they shall receive and answer all emergency calls from the public and transfer them to the appropriate police, fire and ambulance services. b) The basic function of the 9-1-1 answering bureau (C.E.R.B.) shall be the initial answering of the 9-1-1 calls from the public and transfer of those emergency calls to the appropriate agency. c) The City shall be responsible for the management and operation of the 9-1-1 answering bureau (C.E.R.B.), including equipment and personnel. Page 515 of 528 19.h) 2021-097: Being a By-law to Authorize the Execution of an Agreemen... -2- d) The City shall operate the 9-1-1 answering bureau (C.E.R.B.)twenty-four (24) hours a day, seven (7)days a week. e) The City shall staff the 9-1-1 answering bureau (C.E.R.B.) at a level appropriate to efficiently handle call lines in a manner suitable for emergency situations. f) The City shall be responsible for the efficient operation of the 9-1-1 answering bureau (C.E.R.B.) and the rapid and accurate discharge of the duties of the 9-1-1 bureau operators and the selection and training of personnel. g) The City shall log and retain all 9-1-1 calls in both digital and printed formats as required. The Township shall have reasonable access to review all records, and may request digital copies of any 9-1-1 records from the 9-1-1 answering bureau (C.E.R.B.)that pertain to the Township. h) The City shall provide a back-up Central Emergency Reporting Bureau (C.E.R.B.)to which 9-1-1 calls will be directed in the event that the primary bureau is unable to accept the calls for any reason. 2. TOWNSHIP'S RESPONSIBILITIES The Township shall be responsible for the following: a) The Township agrees that if any Communicator is subpoenaed for Court as a result of a call that has been dispatched for the Township, or if a Communicator is required to attend any meetings related to litigation stemming from any incident response in the Township's dispatch area, the City will be reimbursed for any reasonable related staffing and out of pocket costs. b) The Township shall provide to Bell, in written form, all geographical information, including street names, addresses and borders within their 9- 1-1 serving area, and shall be responsible for providing Bell with all changes that may occur in any such geographical area during the term of the Agreement. Page 516 of 528 19.h) 2021-097: Being a By-law to Authorize the Execution of an Agreemen... -3- c) The Township agrees to pay to the City $0.81 per capita for 9-1-1 service based on the population shown in the current Statistics Canada Community Profile and updated annually during the term of this contract until its expiry on December 31, 2022. 3. TERMINATION This Agreement may be terminated by either party upon 90 days written notice with fees charged to the end of the month concluding the 90-day notice period. 4. INDEMNIFICATION The parties agree that each undertakes no duty of care with respect to the other party, and neither party shall be required to indemnify the other as a result of any provision of services under this Agreement. Both parties agree that they shall maintain adequate liability insurance with respect to any claims by any party for physical or personal damages or negligence, as the case may be, on behalf of the parties, and their respective agents, officers, employees and assigns. The Township and the City shall each add the other party as an "additional insured" on their respective General Liability policies with respect to and arising out of the operations and responsibilities undertaken by either party to this Agreement. 5. OTHER AGREEMENTS The Township acknowledges that the City may enter into similar agreements to this Agreement with other municipalities. As a result of such further agreements or the increased volume of the calls arising out of this Agreement, either party may determine that additional equipment or personnel is necessary for the proper functioning of the C.E.R.B. If either party determines that additional equipment or personnel is necessary, both parties shall enter into negotiations to determine the necessity of such additional equipment or personnel. If as a result of negotiations the parties are unable to agree as to the necessity of additional equipment or personnel, this Agreement shall be terminated subject to the provisions set out in Section 3 (Termination) above. 6. ARBITRATION If any disputes, differences or questions arise between the parties out of this Agreement, whether during the term of this Agreement or after, each such dispute, difference or question shall be submitted to and settled by arbitration and the decision of the Arbitrator appointed to deal with such matters shall be accepted by the parties. The arbitration in each of the cases mentioned above shall be conducted by a single arbitrator if the parties hereto agree upon one or Page 517 of 528 19.h) 2021-097: Being a By-law to Authorize the Execution of an Agreemen... -4- otherwise by an arbitrator appointed by a Judge of the Ontario Superior Court of Justice. The arbitration shall be conducted in accordance with the provisions of The Arbitration Act (Ontario) and any statutory amendments thereto for the time being in effect. It is hereby agreed that it shall be a condition precedent to any action being instituted by either party hereto against the other or of any liability in connection therewith that the matter must be first referred to arbitration as herein provided for disposition. 7. COMPLIANCE WITH LAWS AND CONFIDENTIALITY The parties undertake and agree that personal information in records delivered to it by the other party will be used for the limited purposes of performing their responsibilities under this Agreement. The parties further acknowledge that any personal information obtained from the other party for the Agreement will be protected under the terms of their privacy policies and applicable privacy legislation. 8. AGREEMENT BINDING This Agreement shall be binding upon and enure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 9. SEVERABILITY If any covenant, provision or term of this Agreement should be at any time be held by any competent tribunal to be void or unenforceable, then the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this Agreement which shall remain in full force and effect. 10. HEADINGS The section headings are for purposes of convenience only, and shall not be deemed to constitute a part of this Agreement or to affect the meaning or interpretation of this Agreement in any way. 11. FORCE MAJEURE Neither party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event shall not be considered beyond one's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in the Agreement would have put in place contingency plans to either materially mitigate or negate the effects of such Page 518 of 528 19.h) 2021-097: Being a By-law to Authorize the Execution of an Agreemen... -5- event. If a party seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that party shall immediately notify the other party of the delay or non-performance, the reason for such delay and the anticipated period of delay or non-performance. 12. NOTICE Any notice required pursuant to this Agreement shall be in writing and delivered personally, by Fax, email, or sent by registered mail (with proper postage) to the following addresses: City of Orillia Fire Department Township of Oro-Medonte 500 Gill Street 1487 Line 7 South Orillia, ON L3V 4L1 Oro-Medonte, ON LOL 2E0 Attention: Fire Chief Attention: Fire Chief or to such other addresses either of the parties may indicate in writing to the other. Any notice given in accordance with this shall be deemed to have been received upon delivery, if delivered personal, at the time of transmission if sent by fax or email, or five (5) days after posting if sent by regular mail. 13. ENTIRE AGREEMENT Except as otherwise stated herein, this Agreement constitutes the entire agreement of the parties, it supersedes any previous Agreement whether written or verbal. 14. APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable herein. Page 519 of 528 19.h) 2021-097: Being a By-law to Authorize the Execution of an Agreemen... -6- This agreement comes into effect on the 1st day of January, 2021 and shall continue in force for a three-year period until midnight on the 31st day of December,2022. Dated at the City of Orillia this 23rd day of July 2021 THE CORPORATION OF THE CITY OF ORILLIA FIRE CHIEF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE FIRE CHIEF OR CLERK HALegal Affairs\L04 Contracts\Communications\9-1-1 Oro-Medonte 2020-draft.doc Page 520 of 528 19.i) 2021-098, Being a By-law to Authorize the Execution of an Agreemen... The Corporation of the Township of Oro-Medonte By-Law No. 2021-098 Being a By-law to Authorize the Execution of an Agreement for Fire Dispatch Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2020-132 Whereas Section 20(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, provides that municipalities may enter into an agreement with other municipalities for joint undertakings; And Whereas Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended, provides that a municipality may establish, maintain and operate a centralized communication system for emergency response purposes; And Whereas Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 provides that a municipality may, under such conditions as may be specified in the agreement, enter into an agreement to receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality; And Whereas the Township of Oro-Medonte and the City of Orillia are desirous of entering into a renewal agreement for Fire Dispatch Services; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Township of Oro-Medonte enter into an agreement with the City of Orillia for 9-1-1 Fire Dispatch Services, a copy of which is attached hereto and forms part of this By-law as Schedule"A". 2. That the Clerk is hereby authorized to execute the agreement on behalf of the Corporation. 3. This Agreement comes into effect on the first day of January, 2021 and shall continue in force for a period until the 31st day of December, 2022. 4. That By-Law No. 2020-132 is hereby repealed. 5. That this by-law shall take effect on the final passing thereof. By-Law Read a First, Second and Third time, and Passed this 18t"day of August, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 521 of 528 19.i) 2021-098: Being a By-law to Authorize the Execution of an Agreemen... MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS DAY OF A.D. 20 BETWEEN: THE CORPORATION OF THE CITY OF ORILLIA hereinafter called the "City" OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIPSHIP OF ORO- MEDONTE hereinafter called the "Township" OF THE SECOND PART WHEREAS Section 116(1) of the Municipal Act, S.O. 2001, c. 25 authorizes the municipality to establish, maintain and operate a centralized communication system for emergency purposes; AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection services as may be specified in the agreement to lands and premises that are situated outside the territorial limits of the municipality; AND WHEREAS the Township and the City are desirous of entering into an Agreement for the City to provide certain fire dispatch services to the Township; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and conditions herein contracted, the Parties hereto do mutually covenant and agree as follows: 1. CITY'S RESPONSIBILITIES The City shall be responsible for the following: Providing emergency fire dispatch services ("Dispatching") to the Township. Dispatching shall include the following: A. Responding to 9-1-1 telephone calls and non-9-1-1 telephone calls with respect to the Township's dispatch area; B. Alerting the members of the Township's Fire Department of an emergency; C. Communicating with the Township's Fire Department under both emergency and non-emergency conditions; D. Communicating with the Township's Fire Department regarding the potential need for mutual aid and monitoring the level of an on-going emergency activity; Page 522 of 528 19.i) 2021-098: Being a By-law to Authorize the Execution of an Agreemen... E. Communicating with other agencies during an emergency upon the request of the Township Fire Department's Incident Commander; F. Providing information, data and other resources during emergencies and on a day-to-day basis; and G. Maintaining a log of all dispatch calls received, and in particular, recording the times and information set out in the "Process" section of the Ministry of the Solicitor General Public Fire Safety Guidelines No. PSFG 04-64A-12, as further defined by the Orillia Fire Department's Standard Operating Guidelines. H. At any time, the City shall on the written request of the Township provide the Township or other designated agency pertinent incident data on compact disk, memory stick or other device. 2. TOWNSHIP'S RESPONSIBILITIES A. The Township agrees to install and maintain all radio equipment necessary to allow Township fire fighters the ability to receive radio communications from the City's fire communications centre and to enable two-way radio communications between all Township fire vehicles and the City's fire communications centre. Such equipment will be purchased by the Township but located in the City's fire communications centre. B. The Township agrees to supply its fire fighters with radio equipment designed to receive fire call communications from the City's fire communications centre. C. The Town agrees to pay the City $ 2.12 per capita beginning January 1, 2021 for the service of dispatching the Town fire fighters and fire apparatus based on the population shown in the current Statistics Canada Community Profile and updated annually during the term of this contract. Adjustments will be made on each subsequent January 1st as per the Consumers Price Index for Ontario (annual average published by Statistics Canada each preceding November) until the expiry of the contract on December 31, 2022. D. The Township agrees that should fire calls come in simultaneously from the City and the Township to the City's fire communications centre, the City's call shall have preference. E. The Township agrees that if any Communicator is subpoenaed for Court as a result of a call that has been dispatched for the Township, or if a Communicator is required to attend any meetings related to litigation stemming from any incident response in the Township's dispatch area, the City will be reimbursed for any reasonable related staffing and out of pocket costs. Page 523 of 528 19.i) 2021-098: Being a By-law to Authorize the Execution of an Agreemen... F. The Township agrees that any cost of any modifications to City dispatching hardware/software, radio equipment, radio transmissions tower, or City telephone systems which are required to satisfy the needs of the Township shall be assumed by the Township. G. In the event that the territory that fire dispatch service is provided to in the Township is expanded or reduced, the rates contained in this Agreement will be renegotiated accordingly. In the event of any restructuring or amalgamation that takes place in the County of Simcoe and that would provide for an alternate fire dispatch service for the Township, this Agreement may be terminated upon receipt of 90 days written notice. An appropriate pro-rating of fees would be arranged. H. The Township agrees to provide a large detailed scale map, street directory, new subdivision layouts, etc. along with copies of all fire protection agreements made between other municipalities and ambulance for fire and first aid protection coverage. The map will be coloured so that the coverage areas agreed to under the various fire protection agreements mentioned above can be easily identified. This will be updated as required. I. The Township agrees to supply in writing the method and level that is required to page fire calls, practices, ambulance assistance or tiered response or other required dispatch protocol. 3. TERMINATION This Agreement may be terminated by either party upon 90 days written notice with fees charged to the end of the month concluding the 90-day notice period. 4. INDEMNIFICATION The parties agree that each undertakes no duty of care with respect to the other party, and neither party shall be required to indemnify the other as a result of any provision of services under this Agreement. Both parties agree that they shall maintain adequate liability insurance with respect to any claims by any party for physical or personal damages or negligence, as the case may be, on behalf of the parties, and their respective agents, officers, employees and assigns. The Township and the City shall each add the other party as an "additional insured" on their respective General Liability policies with respect to and arising out of the operations and responsibilities undertaken by either party to this Agreement. 5. OTHER AGREEMENTS The Township acknowledges that the City may enter into similar agreements to this Agreement with other municipalities. As a result of such further agreements Page 524 of 528 19.i) 2021-098: Being a By-law to Authorize the Execution of an Agreemen... or the increased volume of the dispatched messages arising out of this Agreement, either party may determine that additional equipment or personnel is necessary for the proper functioning of the dispatch system. If either party determines that additional equipment or personnel is necessary, both parties shall enter into negotiations to determine the necessity of such additional equipment or personnel. If as a result of negotiations the parties are unable to agree as to the necessity of additional equipment or personnel, this Agreement shall be terminated subject to the provisions set out in Section 3 (Termination) above. 6. ARBITRATION If any disputes, differences or questions arise between the parties out of this Agreement, whether during the term of this Agreement or after, each such dispute, difference or question shall be submitted to and settled by arbitration and the decision of the Arbitrator appointed to deal with such matters shall be accepted by the parties. The arbitration in each of the cases mentioned above shall be conducted by a single arbitrator if the parties hereto agree upon one or otherwise by an arbitrator appointed by a Judge of the Ontario Superior Court of Justice. The arbitration shall be conducted in accordance with the provisions of The Arbitration Act (Ontario), and any statutory amendments thereto for the time being in effect. It is hereby agreed that it shall be a condition precedent to any action being instituted by either party hereto against the other or of any liability in connection therewith that the matter must be first referred to arbitration as herein provided for disposition. 7. COMPLIANCE WITH LAWS AND CONFIDENTIALITY The parties undertake and agree that personal information in records delivered to it by the other party will be used for the limited purposes of performing their responsibilities under this Agreement. The parties further acknowledge that any personal information obtained from the other party for the Agreement will be protected under the terms of their privacy policies and applicable privacy legislation. 8. AGREEMENT BINDING This Agreement shall be binding upon and enure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. Page 525 of 528 19.i) 2021-098: Being a By-law to Authorize the Execution of an Agreemen... 9. SEVERABILITY If any covenant, provision or term of this Agreement should be at any time be held by any competent tribunal to be void or unenforceable, then the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this Agreement which shall remain in full force and effect. 10. HEADINGS The section headings are for purposes of convenience only, and shall not be deemed to constitute a part of this Agreement or to affect the meaning or interpretation of this Agreement in any way. 11. FORCE MAJEURE Neither party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event shall not be considered beyond one's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in the Agreement would have put in place contingency plans to either materially mitigate or negate the effects of such event. If a party seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that party shall immediately notify the other party of the delay or non-performance, the reason for such delay or non-performance and the anticipated period of delay or non-performance. 12.NOTICE Any notice required pursuant to this Agreement shall be in writing and delivered personally, by Fax, email, or sent by registered mail (with proper postage)to the following addresses: City of Orillia Fire Department Township of Oro-Medonte 500 Gill Street 148 Line 7 South Orillia, ON L3V 41_1 Oro-Medonte, ON LOL 2E0 Attention: Fire Chief Attention: Fire Chief or to such other addresses either of the parties may indicate in writing to the other. Any notice given in accordance with this shall be deemed to have been received upon delivery, if delivered personally, at the time of transmission if sent by fax or email, or five (5) days after posting, if sent by regular mail. Page 526 of 528 19.i) 2021-098: Being a By-law to Authorize the Execution of an Agreemen... 13. ENTIRE AGREEMENT Except as otherwise stated herein, this Agreement constitutes the entire agreement of the parties, it supersedes any previous Agreement whether written or verbal. 14. APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein. This Agreement comes into effect on the first day of January, 2021 and shall continue in force for a period until the 31st day of December, 2022. Dated at the City of Orillia this 23rd day of July, 2021 THE CORPORATION OF THE CITY OF ORILLIA 6 -4- FIRE CHIEF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE FIRE CHIEF OR CLERK HALegal Affairs\L04 Contracts\Communications\Current\Comm Agrmt Oro-Medontet 2020-Draft.doc Page 527 of 528 21 .a) 2021-099, Being a by-law to confirm the proceedings of the Council... The Corporation of the Township of Oro-Medonte By-Law No. 2021-099 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Tuesday, August 17 and Wednesday, August 18, 2021 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 Tuesday, August 17 and Wednesday, August 18, 2021, 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 Land Tribunal 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. dvsplo �� �_ By-Law Read a First, Second and Third time, and Passed this 18t" day of August, 2021. 1% IWk The Corporation of the Township of Oro-Medonte IW Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 528 of 528