06 02 2010 CoW AgendaPage
36 -39
40 -41
42 -44
73 -75
N ivir t l X rIthiP of
Proud Heritage, Exciting Future
1. ADOPTION OF AGENDA:
a) Motion to adopt agenda.
2. DISCLOSURE OF PECUNIARY INTEREST:
3. DEPUTATIONS:
None.
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF THE WHOLE
MEETING AGENDA
COUNCIL CHAMBERS
Wednesday, June 2, 2010
9:00 a.m.
4. ADMINISTRATION, FINANCE AND CORPORATE SERVICES:
4 -35 a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft By -law 2010 -095,
Being A By -law to Authorize the Execution of a Lease Agreement Between
The Corporation of the Township of Oro Medonte And TRY Recycling (Barrie)
Inc.
b) Report No. CS 2010 -12, Doug Irwin, Director of Corporate Services /Clerk, re:
Advance Vote 2010 Municipal Election.
c) Report No. CS 2010 -13, Doug Irwin, Director of Corporate Services /Clerk, re:
Election Records 2010 Municipal Election.
d) Report No. CS 2010 -14, Doug Irwin, Director of Corporate Services /Clerk, re:
Summary of Freedom of Information (FOI) Requests for the 2006 -2010 Term
of Council [to be distributed at meeting].
45 -57 e) Report No. HR 2010 -002, Tamara Obee, Manager Health Safety, Employee
Relations, re: Health and Safety Policies.
58 -72 f) Report No. HR 2010 -003, Tamara Obee, Manager Health Safety, Employee
Relations, re: Bill 168 Respect in the Workplace (Harassment and Violence)
[to be distributed at the meeting].
5. DEVELOPMENT SERVICES:
a) Report No. DS 2010 -028, Andria Leigh, Director of Development Services, re:
Planning Fees and Charges Proposed Amendment for Deeming By -law
Applications.
6. TRANSPORTATION AND ENVIRONMENTAL SERVICES:
None.
Page 1 of 102
Page
7. RECREATION AND COMMUNITY SERVICES:
a) Shawn Binns, Director of Recreation and Community Services, re: Solar
Panels.
b) Memorandum dated June 2, 2010, Shawn Binns, Director of Recreation and
Community Services, re: Line 4 Park Update [to be distributed at the meeting].
78 -80 c) Report No. RC2010 -11, Shawn Binns, Director of Recreation and Community
Services, re:Township of Severn Arena Agreement [to be distributed at the
meeting].
81 -86 d) Motion No. RTSG100513 -6, re: Correspondence dated May 7, 2010, Sharon
R. Goerke, Deputy Clerk, Township of Severn, Coldwater and District
Community Centre [deferred from May 26, 2010].
76 -77
87 -89
90
91 -93
10. CONSENT AGENDA:
a) Midland Public Library, minutes of meeting held on April 8, 2010.
Staff Recommendation: Receive.
98 b) Oro Medonte History Association, minutes of meeting held on April 26, 2010.
Staff Recommendation: Receive.
99 -100 c) Correspondence received May 25, 2010, Jennifer Dale, Program Coordinator,
Ministry of Agriculture, Food and Rural Affairs, re: 2010 Rural Summer Jobs
Program Approval Notification.
Staff Recommendation: Receive.
94 -97
11. COMMUNICATIONS:
a) Correspondence dated May 24, 2010, Paul, Slawomira and Konrad Weber,
re: Request for Walking Path to Line 4 Park.
102 b) Correspondence dated May 31, 2010, Thomas and Joseph Northup, re: 18
Martinbrook Crescent Fence Installation.
[Addenda]
101
Committee of the Whole Agenda Wednesday, June 2, 2010
8. EMERGENCY SERVICES:
None.
9. REPORTS OF MEMBERS OF COUNCIL:
a) Mayor H.S. Hughes, re: Correspondence dated May 1, 2010, Vi Peacock,
BPW Barrie, Request for Pins.
b) Councillor Coutanche, re: Police Presence in Horseshoe Valley.
c) Councillor Agnew, re: Barrie Terrace Ditch Re- Vegetation.
12. CLOSED SESSION ITEMS:
a) Motion to Go Into Closed Session
Page 2 of 102
Page
Committee of the Whole Agenda Wednesday, June 2, 2010
12. CLOSED SESSION ITEMS:
b) Motion to Rise and Report
c) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of
land (Line 11 North 15/16 Sideroad Part 3, Plan 51 R- 36354).
13. ANNOUNCEMENTS OF INTEREST TO THE PUBLIC:
14. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
15. ADJOURNMENT:
a) Motion to adjourn.
Page 3 of 102
4a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2010 -095
A By -law to Authorize the Execution of a Lease Agreement
Between
The Corporation of the Township of Oro Medonte
And
TRY Recycling (Barrie) Inc.
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
provides the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality's ability to
respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
provides that a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended,
states that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro Medonte is
desirous of entering into a Lease Agreement with TRY Recycling (Barrie) Inc. for lands
described as Part of the West 1/2 of Lot 11, Concession 8, geographic Township of Oro,
now in the Township of Oro Medonte County of Simcoe,,known municipally as 1525
Line 7 North;
NOW THEREFORE the Council of the Township of Oro- Medonte hereby enacts as
follows:
1. That the Mayor and Clerk be authorized to execute the Indenture of Lease
between The Corporation of the Township of Oro Medonte and TRY Recycling
.(Barrie) Inc., attached hereto as Schedule "A" and forming part of this By -Law.
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A;;FIRST, SECOND AND THIRD TIME, AND PASSED THIS DAY
OF 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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4a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft
Schedule "A" By -law 2010 -095
1
THIS INDENTURE OF LEASE made as of the day of May, 2010.
IN PURSUANCE OF THE COMMERCIAL TENANCIES ACT
BETWEEN:
THE CORPORATION OF THE TOWNSHIP
OF ORO- MEDONTE,
and
RECITALS
Hereinafter called the "LESSOR"
OF THE FIRST PART
TRY RECYCLING (BARRIE) INC.
a Company incorporated under the laws
of the Province of Ontario, having its
head office in the Township of Middlesex
Centre, in the County of Middlesex
Hereinafter called the "LESSEE"
OF THE SECOND PART
WHEREAS the Lessor is the registered owner of certain lands and premises described as Part of
the West 1/2 of Lot 11, Concession 8, Geographic Township of Oro now in the municipality of
Oro Medonte, County of Simcoe, known municipally as 1525 Line 7 North, and more
particularly legally described in Instrument Number 197007 being the whole of P.I.N. 58537-
0012 (LT) (the "Lands
AND WHEREAS the Lessor and the Lessee have agreed to certain terms by which the Lessor
shall lease to the Lessee part of the Lands to allow the Lessee to operate a licenced recycling
facility permitting the storage and processing of recyclable materials;
AND WHEREAS the parties have agreed that the part of the Lands to be demised by this Lease
and which are hereby leased to the Lessee for the specific purposes hereinafter detailed, comprise
twenty -one (21) acres more or less and are outlined in red on the sketch attached hereto as
Schedule "A" and which part of the Lands for the purposes of the Lease shall be hereinafter
referred to as the leased lands "Leased Lands
Page 5 of 102
1. NOW WITNESSETH IN CONSIDERATION of the rents, covenants and agreements
hereinafter reserved and contained on the part of the Lessee to be paid, observed and
performed, the Lessor does hereby grant, demise and lease unto the Lessee the Leased
Lands, together with access to and from the Leased Lands from an existing entrance on
Line 7 North for the purpose of operating a licensed recycling facility and for no other
purpose.
(c)
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PURPOSE
TERM
2. (a) The Lessor hereby leases the Leased Lands to the Lessee, during an initial term of
five (5) years, to be computed from the commencement date (the
"Commencement Date as hereinafter defined, to be fully completed and ended
on the last day of the fifth (5th) year following the Commencement Date "Initial
Term subject to the options to extend the Initial Term detailed in paragraph 3
hereof.
(b) The "Commencement Date" shall be the date which is the first day of the month
ninety (90) days after the last date by which all of the conditions imposed for the
benefit of the Lessor and the Lessee in paragraph 33 hereof have been fulfilled
and /or waived and specifically following the issuance to the Lessee of a
Certificate of Approval, by the Ministry of the Environment, permitting the
Lessee as the operator to construct and operate a recycling facility on the Leased
Lands.
Upon the Commencement Date being determined following the waiver of all
conditions, the Lessor and Lessee agree to exchange a letter to confirm the actual
Commencement Date. The first lease year "lease year shall commence on the
Commencement Date and each subsequent lease year shall commence on
successive anniversary dates of the Commencement Date.
OPTIONS TO EXTEND TERM
3. (a) Provided the Lessee pays all tonnage rent due hereunder together with any
additional rent and observes and performs its obligations hereunder and is not
materially in default of any of its covenants herein contained at the expiration of
the Initial Term, the Lessee shall have the irrevocable and non cancellable option
to extend the Initial Term of this Lease for one (1) renewal term of five (5) years
(the "First Renewal Term with such First Renewal Term to commence on the
1st day following the expiration date of the Initial Term. The Lessee or its
nominee Try Recycling Inc., if it wishes to exercise this option, shall give the
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3
Lessor not less than six (6) months notice in writing of its intention to exercise the
option. All the terms and conditions of this Lease shall pertain to the First
Renewal Term except the tonnage rent (as hereinafter defined) payable during the
First Renewal Term shall be as detailed in paragraph 4(b) hereof.
(b) Provided the Lessee pays all tonnage rent due hereunder together with any
additional rent and observes and performs its obligations hereunder and is not
materially in default of any of its covenants herein contained at the expiration of
the First Renewal Term, the Lessee shall have the irrevocable and non cancellable
option to extend the Term of this Lease for a second renewal term of five (5)
years (the "Second Renewal Term with such Second Renewal Term to
commence on the 1st day following the expiration date of the First Renewal
Term. The Lessee or its nominee Try Recycling Inc., if it wishes to exercise this
option, shall give the Lessor not less than six (6) months notice in writing of its
intention to exercise the option. All the terms and conditions of this Lease shall
pertain to the Second Renewal Term except the tonnage rent payable during the
Second Renewal Term shall be as detailed in paragraph 4(c) hereof.
(c) Provided the Lessee pays all tonnage rent due hereunder together with any
additional rent and observes and performs its obligations hereunder and is not
materially in default of any of its covenants herein contained at the expiration of
the Second Renewal Term, the Lessee shall have the irrevocable and non-
cancellable option to extend the Term of this Lease for a third renewal term of
five (5) years (the "Third Renewal Term with such Third Renewal Term to
commence on the 1st day following the expiration date of the Second Renewal
Term. The Lessee or its nominee Try Recycling Inc., if it wishes to exercise this
option, shall give the Lessor not less than six (6) months notice in writing of its
intention to exercise the option. All the terms and conditions of this Lease shall
pertain to the Third Renewal Term except the tonnage rent payable during the
Third Renewal Term shall be as detailed in paragraph 4(d) hereof.
(d) Provided the Lessee pays all tonnage rent due hereunder together with any
additional rent and observes and performs its obligations hereunder and is not
materially in default of any of its covenants herein contained at the expiration of
the Third Renewal Term, the Lessee shall have the irrevocable and non-
cancellable option to extend the Term of this Lease for a fourth renewal term of
five (5) years (the "Fourth Renewal Term with such Fourth Renewal Term to
commence on the 1st day following the expiration date of the Third Renewal
Term. The Lessee or its nominee Try Recycling Inc., if it wishes to exercise this
option, shall give the Lessor not less than six (6) months notice in writing of its
intention to exercise the option. All the terms and conditions of this Lease shall
pertain to the Fourth Renewal Term except the tonnage rent payable during the
Fourth Renewal Term shall be as detailed in paragraph 4(e) hereof.
Page 7 of 102
(f)
(g)
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4
(e) Provided the Lessee pays all tonnage rent due hereunder together with any
additional rent and observes and performs its obligations hereunder and is not
materially in default of any of its covenants herein contained at the expiration of
the Fourth Renewal Term, the Lessee shall have the irrevocable and non-
cancellable option to extend the Term of this Lease for a fifth renewal term of five
(5) years (the "Fifth Renewal Term with such Fifth Renewal Term to commence
on the 1st day following the expiration date of the Fourth Renewal Term. The
Lessee or its nominee Try Recycling Inc., if it wishes to exercise this option, shall
give the Lessor not less than six (6) months notice in writing of its intention to
exercise the option. All the terms and conditions of this Lease shall pertain to the
Fifth Renewal Term except the tonnage rent payable during the Fifth Renewal
Term shall be as detailed in paragraph 4(f) hereof.
Provided the Lessee pays all tonnage rent due hereunder together with any
additional rent and observes and performs its obligations hereunder and is not
materially in default of any of its covenants herein contained at the expiration of
the Fifth Renewal Term, the Lessee may request to extend the Term of this Lease
for a sixth renewal term of five (5) years (the "Sixth Renewal Term with such
Sixth Renewal Term to commence on the 1st day following the expiration date of
the Fifth Renewal Term. The Lessee or its nominee Try Recycling Inc., if it
wishes to exercise this option, shall give the Lessor not less than six (6) months
notice in writing of its intention to exercise the option. All the terms and
conditions of this Lease shall pertain to the Sixth Renewal Term except the
tonnage rent payable during the Sixth Renewal Term shall be as negotiated
between the Lessor and Lessee by good faith negotiations which negotiations
must be finalized prior to the last three months of the Fifth Renewal Term failing
which the tonnage rent for the Sixth Renewal Term shall be settled by arbitration,
in accordance with the provisions of paragraph 20 hereof.
Provided the Lessee pays all tonnage rent due hereunder together with any
additional rent and observes and performs its obligations hereunder and is not
materially in default of any of its covenants herein contained at the expiration of
the Sixth Renewal Term, the Lessee may request the option to extend the Term of
this Lease for a seventh and final renewal term of five (5) years (the "Seventh
Renewal Tenn") with such Seventh Renewal Term to commence on the 1st day
following the expiration date of the Sixth Renewal Term. The Lessee or its
nominee Try Recycling Inc., if it wishes to exercise this option, shall give the
Lessor not less than six (6) months notice in writing of its intention to exercise the
option. All the terms and conditions of this Lease shall pertain to the Seventh
Renewal Term except the tonnage rent payable during the Seventh Renewal Term
shall be as negotiated between the Lessor and Lessee by good faith negotiations
which negotiations must be finalized prior to the last three (3) months of the Sixth
Renewal Term failing which the tonnage rent for the Seventh Renewal Term shall
be settled by arbitration in accordance with the provisions of paragraph 20 hereof,
Page 8 of 102
(i)
(k)
(1)
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5
and except that there shall be no further option to extend the Term of this Lease
beyond the Seventh Renewal Term.
(h) Notwithstanding the provisions of sub paragraphs (f) and (g) hereof, whereby
tonnage rent for the Sixth Renewal Term and the Seventh Renewal Term is to be
fixed by good faith negotiations, failing which it will be fixed by arbitration in
accordance with the provisions of paragraph 20 hereof, under no circumstances
shall the tonnage rent payable during the Sixth Renewal Term and the Seventh
Renewal Term be less than the tonnage rent payable during the Fifth Renewal
Term as detailed in paragraph 4(f) hereof.
For the purposes of this Lease and for purpose of simplicity, but except as
specifically otherwise required for the purposes of interpretation of this Lease, the
First Renewal Term and/or the Second Renewal Term and/or the Third Renewal
Term and/or the Fourth Renewal Term and/or the Fifth Renewal Term and /or the
Sixth Renewal Term and/or the Seventh Renewal Term may be sometimes
referred to individually and/or collectively, as applicable, as the "Renewal Term"
or "Renewal Terms" and the Initial Term and any or all of the Renewal Terms
may be referred to as the "Term
(j) If the Lessee elects to exercise any one or more of said options to extend, the
Term of this Lease shall be automatically extended for the Renewal Term covered
by the option or options so exercised without execution of any extension or
renewal lease.
If Lessee or its nominee Try Recycling Inc. shall fail to give notice in writing
exercising any one or more of its options to extend within the time stipulated in
paragraph 3 hereof, the Lease is deemed to be terminated at the end of that term.
Notwithstanding any provisions contained in subsections 3(a) -(k), the terms of
this Lease may be negotiated, at any time, upon mutual consent of the parties.
RENT
4. Yielding and paying therefore as tonnage rent "tonnage rent to the Lessor sums to be
paid on each and every tonne of recycled materials "recycled materials removed from
the Leased Lands as follows:
(a) During the Initial Term commencing on the Commencement Date hereinbefore
referred to, the sum of One Dollar ($1.00) per tonne.
(b) During the First Renewal Term, the sum of One Dollar and Twenty Five Cents
($1.25) per tonne.
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(c) During the Second Renewal Term, the sum of One Dollar and Fifty Cents ($1.50)
per tonne.
(d) During the Third Renewal Term, the sum of One Dollar and Seventy Five Cents
($1.75) per tonne.
(e) During the Fourth Renewal Term the sum of Two Dollars ($2.00) per tonne.
(f) During the Fifth Renewal Term, the sum of Two Dollars and Twenty Five Cents
($2.25) per tonne.
(g) Payments of tonnage rent required to be paid by the Lessee to the Lessor in
accordance with the provisions of sub paragraphs (a), (b), (c), (d), (e) and (f)
hereof and sub paragraphs 3(f) and (g) shall be paid on a quarterly basis with the
tonnage rent during each quarter (three month period) to be paid by the last day of
the next month following the end of each quarter.
(h) (i)
(i)
If in any lease year during the Initial Term the tonnage rent paid to be
based on the actual quantities of recycled materials removed from the
Leased Lands does not exceed Twenty Four Thousand Dollars
($24,000.00), the Lessee shall pay any deficiency required so the Lessor
shall receive a minimum annual tonnage rent of Twenty Four Thousand
Dollars ($24,000.00) during each lease year of the Initial Term. In this
event, such required payment (of any deficiency) will be made to the
Lessor within thirty (30) days of the end of each lease year of the Initial
Term concurrent with the delivery to the Lessor of the annual statement
required to be delivered to the Lessor confirming the volumes of recycled
materials removed from the Leased Lands in each lease year as detailed in
paragraph 7(d) of the within Lease.
(ii) The minimum annual tonnage rent for the various Renewal Terms shall be
as follows:
First Renewal Term
Second Renewal Term
Third Renewal Term
Fourth Renewal Term
Fifth Renewal Term
Sixth Renewal Term
Seventh Renewal Term
$28,000.00
$32,000.00
$36,000.00
$40,000.00
$44,000.00
$48,000.00
$52,000.00
In the event during any lease year the total amount paid for tonnage rent in any
lease year by the Lessee to the Lessor exceeds the payments that would be
required on a strictly tonnage basis pursuant to the foregoing subparagraphs (a),
(b), (c), (d), (e) and (f), and sub paragraphs 3(f) and (g) there shall be no
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(I) (i)
4a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft
7
requirement for quarterly tonnage payments until such time as all cumulative
(surplus) tonnage credits "tonnage credits" as hereinafter defined) at the
applicable tonnage rate have been used up.
By way of an example, based on the applicable tonnage charge during the
Initial Term, in the event that during the first (1st) year of the Initial Term
the Lessee has removed Ten Thousand (10,000) tonnes of recycled
materials from the Leased Lands, but has paid the Lessor the required
minimum tonnage rent of Twenty Four Thousand ($24,000.00) Dollars
pursuant to this paragraph 4, the Lessee shall be entitled to a credit
"tonnage credit of Fourteen Thousand ($14,000.00) Dollars to be
carried forward into the next (2nd) lease year such that there shall be no
requirement for the Lessee to pay the Lessor the applicable tonnage rent
during the succeeding three month periods until any and all tonnage
credits has or have been used up. Notwithstanding the within provision
for the accrual of tonnage credits to the Lessee from lease year to lease
year, the Lessee shall continue to be responsible to pay to the Lessor on an
annual basis not less than the minimum annual tonnage rent of Twenty
Four Thousand ($24,000.00) Dollars pursuant to subparagraph (h) hereof.
(ii) To continue with this example, assume the Lessee sold Six Thousand
(6,000) tonnes of recycled materials in the first three (3) month period of
the second lease year, Eight Thousand (8,000) tonnes of recycled materials
in the second three month period, Ten Thousand (10,000) tonnes of
recycled materials in the third three month period and Twelve Thousand
(12,000) tonnes of recycled materials in the fmal three month period of the
second lease year. At the end of this first three month period, the Lessee
would not be required to pay any tonnage rent, effectively utilizing Six
Thousand ($6,000.00) Dollars of the tonnage credit referred to in
subparagraph (i) above. At the end of the second three month period, the
Lessee would be entitled to utilize the balance of the tonnage credit of
Eight Thousand ($8,000.00) Dollars and would not be required to pay any
tonnage rent. At the end of the third three month period, the Lessee would
pay the Lessor Ten Thousand ($10,000.00) Dollars as tonnage rent. At the
end of the final three month period, the Lessee would pay to the Lessor
Twelve Thousand ($12,000.00) Dollars as tonnage rent. At the end of the
second lease year, because the Lessee would have paid total tonnage rent
(on a quarterly basis) of Twenty Two Thousand ($22,000.00) Dollars, the
Lessee would be required to pay an additional Two Thousand ($2,000.00)
Dollars to the Lessor to fulfil its obligations to pay the minimum annual
tonnage rent for each lease year. The Two Thousand ($2,000.00) Dollar
tonnage credit would then carry forward into the third (3rd) lease year.
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4a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft
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(k) Notwithstanding any accumulated tonnage credits, the Lessee shall pay to the
Lessor the minimum annual tonnage amounts as set out in subsections h(i) and
(ii).
ADDITIONAL RENT
5. The Lessee shall pay directly (or reimburse the Lessor, as applicable) during each lease
year or part thereof, as applicable, as additional rent "additional rent the following:
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GST HST
(a) an amount equal to any and all goods and services taxes, harmonized sales taxes,
value -added taxes or any other taxes imposed on the Lessor with respect to
tonnage rent, additional rent or any other amounts payable by the Lessee to the
Lessor under this Lease, whether characterized as a goods and services tax,
harmonized sales tax, value -added tax or otherwise (collectively the "Sales
Taxes it being the intention of the parties that the Lessor shall thereby be fully
reimbursed by the Lessee with respect to any and all Sales Taxes payable by the
Lessor. The amount of such Sales Taxes so payable by the Lessee shall be
calculated by the Lessor in accordance with the applicable legislation (Federal,
Provincial, Municipal or otherwise), and shall be paid to the Lessor at the same
time as the amounts to which such Sales Taxes apply are payable to the Lessor
under the terms of this Lease or upon demand at such other time or times as the
Lessor from time -to -time determines. Notwithstanding any other provision in this
Lease to the contrary, the amount payable by the Lessee under this paragraph
shall be deemed not to be additional rent, but the Lessor shall have all of the same
remedies for the rights of recovery of such amount as it has for recovery of
tonnage rent and additional rent under this Lease.
LICENCE FEES
(b) all licence fees pursuant to the provisions of any other legislation, Federal,
Provincial, Municipal or Authority regulating recycling facilities and operations.
ADDITIONAL LICENCE FEES
(c) any licence fees required by any Municipal, Provincial or Federal Government or
Authority, including but not limited to Provincial licensing fees, which is or are
enacted or come(s) into force, or shall be payable after the Commencement Date
of the Lease relating to or a prerequisite of the Lessor's recycling facilities and/or
the Lessee's recycling operations.
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CERTIFICATE OF APPROVAL
(d) all amounts payable directly to the Province of Ontario, for licence fees or similar
fees payable in connection with the obtaining and maintaining of a Certificate of
Approval from the Ministry of the Environment for recycling facility on the
Leased Lands.
(e) Lessee shall provide Lessor with proof of such payments of additional rent not
less than annually if requested.
IMPROVEMENTS AND LICENCING
6. (a) The Lessor covenants and agrees to allow the Lessee to install and maintain truck
weigh scales and related improvements including but not limited to a scale house,
office building, etc. on the Leased Lands during the Term, and to allow the Lessee
to remove the same on the termination or expiration of the Term.
(b) The Lessee at its own expense may build, construct and will thereafter maintain
all necessary additional gates, fences, berms as required by the Certificate of
Approval; will plant trees and shrubs if required by the Certificate of Approval or
permits and in all respects otherwise comply with local laws, Municipal laws,
Provincial laws, and other By -laws, statutes, regulations and requirements during
the Term. Lessor acknowledges its ongoing responsibility to maintain the fences,
etc., on the licenced areas of the lands for aggregate extraction.
(c) (i) The Lessee shall be responsible to make all necessary applications in the
joint names of the Lessor and Lessee if necessary, to obtain and maintain
and amend the Certificate of Approval permitting the recycling operation
with any amendments to be subject to the Lessor's reasonable approval
and with all such applications to be made at the sole and total cost of the
Lessee.
(ii) The Lessee covenants and agrees to provide a copy of the Certificate of
Approval and any amendments from time to time to the Lessor during the
currency of the within Lease, if requested.
(iii) The Lessee shall comply with all of the requirements of the Certificate of
Approval and shall be solely responsible for any and all amounts
including, but not limited to, fines, penalites, and charges that may be
imposed by a Court or any administrative body as a result of non-
compliance with such requirements, or in violation of any legislation,
directive, guideline, policy or order of the Ministry of the Environment.
Page 13 of 102
(iv) The Lessee shall comply with any and all site plan requirements of the
Lessor, any other Planning Act By -laws or requirements or any other
municipal by -laws and shall ensure that it makes application for and
obtains any building permits that may be required, prior to the
construction of any improvements on the Lands.
7. (a) The Lessee shall keep and maintain all records relating to its recycling on the
Leased Lands as required by all Municipal, Provincial or Federal Government
Authorities and to make such records available for inspection by the Lessor at
reasonable times on reasonable notice at its offices on the Leased Lands.
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(b) All materials received for recycling and all recycled materials removed by or for
the Lessee shall be weighed by truck scales. Copies of all weigh tickets shall be
kept available as part of the records required to be kept by Lessee under the terms
of the Certificate of Approval. Lessee shall provide to Lessor, if requested, the
tare weights of all vehicles used by Lessee's contract haulers who remove
recycled materials from the Leased Lands.
(c) Lessee shall furnish to Lessor by the thirtieth (30th) day following the end of each
quarter or three (3) month period, complete details including quantities by weight,
of all recycled materials removed during each quarter or three (3) month period.
(d) Lessee shall also furnish to Lessor annually by the 30th day of the month
following the end of each lease year an annual complete reconciliation of the
quantities of recycled materials removed and tonnage rent payments made during
each lease year and if applicable a calculation of the tonnage credits as of the date
of each statement.
(e) The Lessee shall ensure that during the Term of this lease and any renewals
thereof its disposition of non recyclable materials does not result in any net
increase in tonnage of waste material being deposited in any landfill owned or
operated by the Lessor and/or the County of Simcoe. The Lessee and Lessor
agree that prior to the Commencement Date a protocol for reporting and
calculation of tonnage and net increase thereof will be developed and agreed upon
through a Memorandum of Understanding.
LESSEE'S INDEMNITY
8. (a) The Lessor shall not be liable or responsible in any way for injury or death to any
person or persons or for any loss or damage to any property at any time in, on or
about the Leased Lands or any property owned by or being the responsibility of
the Lessee or any of its servants, agents, customers, contractors or persons for
whom Lessee is in law responsible elsewhere in, on or about the Leased Lands or
the Lands, no matter how the same shall be caused unless any such death, injury,
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loss or damage is caused or contributed to by the negligence of the Lessor, its
servants, agents, employees, contractors or persons for whom the Lessor is in law
responsible. Without limiting the generality of the foregoing, Lessor shall not be
liable or responsible for any injury, death, loss or damage to any persons or
property caused or contributed to by any of the following: fire, explosion, steam,
water, rain, snow, gas, or by leakage from any pipes, or any other source
whatsoever; and Lessor shall not be liable or responsible in any way for any
injury, death, loss or damage to any person or property caused by any occupants
of the Lands or by any occupants of any adjoining property or by the public or by
the construction of any public, quasi public, or private works or utilities. All
property kept or stored in or about the Leased Lands by Lessee or by any of its
servants, agents, customers, contractors or persons for whom Lessee is in law
responsible elsewhere on the Leased Lands shall be at the sole risk to the Lessee
and Lessee shall indemnify the Lessor and save it harmless in respect to the same.
Without in any way limiting of affecting the generality or interpretation of the
foregoing provisions of this paragraph, but subject thereto, it is agreed that Lessor
shall in no event be liable for any business interruption, disturbance or loss
howsoever caused and whether direct, indirect or consequential damages suffered
by Lessee except if caused by the Lessor's negligence or the negligence of those
for whom at law the Lessor is responsible. The Lessor shall not be responsible for
any costs, including costs for inspection, testing, investigation, orders or
remediation, penalties, fines, damages from any pollution or contamination of the
Leased Lands, or nearby lands polluted or contaminated as a result of the
migration or movement of a pollutant or contaminant from the Leased Lands, to
the extent such pollution or contamination was caused or contributed to by the
acts or omissions of the Lessee, to such nearby lands whether in, on or under such
nearby lands.
(b) The Lessee shall indemnify the Lessor and its servants, agents, employees,
contractors, officers, directors and all persons for whom the Lessor is in law
responsible and all other tenants and occupants of the Lands and shall hold them
and each of them harmless from and against any and all liabilities, claims,
damages, losses, fines, penalties, and expenses including all legal fees and
disbursements, costs of inspection or investigation, due to, arising from or to the
extent contributed by:
(i) any breach by the Lessee of any of the provisions of this Lease;
(ii) any act or omission of any person on the Leased Lands or any use of
occupancy of or any structures or equipment on the Leased Lands;
(iii) any act or omission of the Lessee or any of its servants, agents, employees,
invitees, licensees, subtenants, concessionaires, contractors or persons for
whom the Lessee is in law responsible on the Leased Lands including any
and all liabilities, claims, damages, losses and expenses arising as a result
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of any products, hazardous substances and contaminants brought onto the
Leased Lands or the Lands by any other person whether or not related to
the Lessee but who have been permitted by the Lessee to access the
Leased Lands or Lands on any account or for any reason; and
(iv) any damage, destruction or need or repair to any part of the Lands caused
by any act or omission of the Lessee or its servants, agents, employees,
customers, contractors or persons for whom the Lessee is in law
responsible, notwithstanding any other provisions of this Lease or arising
out of the breach of any of the provisions of this Lease; and
(v) any pollution or contamination of the Leased Lands, or nearby lands
polluted or contaminated as a result of the migration or movement of a
pollutant or contaminant from the Leased Lands, caused or contributed to
by the acts or omissions of the Lessee, to such nearby lands whether in, on
or under such nearby lands.
Provided that the Lessee shall not be required to indemnify with respect to any
claim or demand arising from the negligent act or omission of the Lessor or its
officers, directors, servants or agents.
(c) The Lessee covenants and agrees that it will during the Term insure its operations
against public liability and property damage claims with a standard commercial
liability insurance policy insuring Lessee's operations on the Leased Lands with
an insurance company licensed to conduct business in the Province of Ontario
with limits of not less than FIVE MILLION ($5,000,000.00) DOLLARS per
occurrence. The Lessee will provide a Certificate of Insurance to the Lessor not
less than annually if requested to confirm such insurance coverage is in place
throughout the Term. All such policies of insurance must show the interest of the
Lessor as an additional insured and all such policy or policies of insurance may
not be cancelled unless not less than thirty (30) days notice of such cancellation is
given to the Lessor. The Lessee may be permitted to self insure its equipment,
leasehold improvements and inventories.
DEFAULT AND CANCELLATION
9. (a) If the Lessee shall be in default of any of the covenants, terms, conditions and
obligations herein contained at any time during the Term and if such default, other
than payment of tonnage and additional rent herein provided, shall continue for a
period of thirty (30) days after notice of such default has been given to the Lessee
in accordance with the terms hereof, then, subject to the provisions of force
majeure, at the option of the Lessor without further notice to the Lessee and
without prejudice to and in addition to all other rights and remedies to which
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Lessor is entitled, the Lessor may without further notice of any kind or any form
of legal process whatsoever forthwith re -enter upon the Leased Lands in the name
of the whole and repossess and enjoy the same as to its former state. The Lessor
shall have the same rights in the event the Lessee is in default in payment of
tonnage rent or additional rent for ten (10) days after notice of default has been
given to the Lessee. The Lessor may enter the Leased Lands as agent of Lessee
and as such agent to relet the Leased Lands for whatever term (which may be for
a term extending beyond the Term) and whatever other terms and conditions as
Lessor in its sole discretion may determine and to receive the rent therefor and, as
the agent to Lessee, to take possession of any fixtures, equipment, stock,
inventories or other property thereof and upon giving written notice to Lessee, to
store the same at the expense and risk of Lessee or to sell or otherwise dispose of
the same at public or private sale without further notice, and to make such
alterations to the Leased Lands in order to facilitate their reletting as Lessor shall
reasonably determine, and to apply the net proceeds of sale of any fixtures,
equipment, stock, inventories or other property or from the reletting of the Leased
Lands, less all reasonable expenses incurred by Lessor in taking the Leased
Lands, on account of the tonnage rent and additional rent due and to become due
under this Lease and Lessee shall be liable to Lessor for any deficiency and for all
such reasonable expenses incurred by Lessor as aforesaid. No such entry or
taking possession of or performing alterations to or reletting the Leased Lands by
the Lessor shall be construed as an election on the Lessor's part to terminate this
Lease unless a written notice of such intention or termination is given by the
Lessor to the Lessee; and
(b) The Lessor may also remedy or attempt to remedy any default of Lessee in
performing any repairs, work or other covenants of Lessee hereunder and, in so
doing, to make any payments due or claimed to be due by Lessee to third parties
and to enter upon the Leased Lands without any liability to Lessee therefor or for
any damages resulting thereby and without constituting a re -entry of the Leased
Lands or termination of this Lease, and without being in breach of any of Lessor's
covenants hereunder and without thereby being deemed to infringe upon any of
Lessee's rights pursuant thereto, and, in such case, Lessee shall pay to Lessor
forthwith upon demand all amounts paid by Lessor to third parties in respect of
such default and all reasonable costs of Lessor in remedying or attempting to
remedy any such default.
FIRST RIGHT OF REFUSAL
10. (a) If at any time after the end of the Second Renewal Term the Lessor receives or
accepts a bona fide offer to purchase or sell the Leased Lands and/or the Lands
which it would be prepared to accept, the Lessor shall forthwith notify the Lessee
of the same in writing providing the Lessee with a true and correct copy of such
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bona fide offer and all information in its possession about the third party
purchaser and the Lessee shall have the first right to purchase the said Lands
and/or Leased Lands as applicable upon the same terms and conditions as
contained in such bona fide offer (or on terms at least as favourable), which right
shall be exercised by the Lessee within forty -five (45) days of receiving such
written notification from the Lessor by submitting a written offer to purchase the
Lands or the Leased Lands as applicable to the Lessor with a certified cheque for
at least ten (10 percent of the purchase price and which offer shall contain the
same terms and conditions as the first bona fide offer so received by the Lessor or
terms at least as favourable.
(b) If the Lessee does not exercise the first right of refusal within such forty-five (45)
day period and the Leased Lands and/or the Lands are sold to a bona fide third
party purchaser, this Lease shall remain in full force and effect and unaltered and
specifically the first right of refusal provisions shall continue in full force and
effect and shall continue to be binding on all third party purchasers /owners
throughout the Term.
(c) Any sale of the Leased Lands shall require strict compliance with the Planning
Act (Ontario) or any successor legislation.
(d) The Lessor covenants and agrees with the Lessee that it will not advertise the
Lands or Leased Lands for sale and will not accept any offer to purchase,
agreement of purchase and sale or make any offer to sell or enter into any similar
arrangement to sell the Lands and/or the Leased Lands until the end of the Second
Renewal Term.
REHABILITATION
11. (a) The Lessee shall be totally responsible at its sole cost for the rehabilitation of the
Leased Lands in accordance with the terms of the Certificate of Approval
(whether in the name of the Lessor or otherwise) as it may be amended. The
Lessee covenants and agrees with the Lessor that upon the expiration or
termination of the within Lease, the Lessee will undertake any required
environmental study or assessment of the Leased Lands and if necessary or if
required, undertake, at its sole expense and cost, any remedial work to remove
any contamination that is strictly attributable to the possession, use and
occupation of the Leased Lands by the Lessee and to restore the Leased Lands, if
necessary, to the acceptable Province of Ontario (or replacement regulatory
authority) levels or guidelines, based on the commercial use for the Leased Lands
permitted by the zoning by -laws of the Township of Oro Medonte or any
replacement municipality.
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(b) The Lessee covenants and agrees to remove all stockpiles of recycled materials
from the Leased Lands prior to the expiration of the Initial Term or the last
Renewal Term as applicable.
ASSIGNMENT. SUBLETTING AND
CHANGE OF CONTROL
12. (a) Lessee shall not assign this Lease in whole or in part and shall not sublet or part
with or share possession of all or any part of the Leased Lands and shall not grant
any licenses or other rights to others (such term "others" to include but not be
limited to processing contractors except Try Recycling Inc. of London, Ontario,
which shall be the designated operator) to use any portion of the Leased Lands
(all of the foregoing being hereinafter referred to as a "Transfer a party making a
Transfer is referred to as a "Transferor" and a party taking a Transfer is referred to
as a "Transferee without the prior written consent of Lessor in each instance,
which consent shall not be unreasonably withheld. The provisions of this
paragraph 12 shall apply to any Transfer which might occur by inheritance or
operation of law. The restrictions on Transfer as aforesaid, shall apply to any
assigning, subletting, mortgaging, charging or otherwise transferring of the
Leased Lands or this Lease for the purpose of securing any obligation of Lessee.
(b) Notwithstanding and without in any way affecting or limiting the interpretation of
the foregoing, it is agreed that it shall be reasonable for Lessor to withhold its
consent to a Transfer unless it is shown to Lessor's satisfaction that:
(i) the proposed Transferee has a good business and personal and/or corporate
reputation and has financial strength at least sufficient to satisfy all of the
obligations of the Lessee hereunder;
(ii) Lessee is not materially in default under this Lease.
(c) All requests to Lessor for consent to any Transfer shall be made to Lessor in
writing together with a copy of the agreement pursuant to which the proposed
Transfer will be made, accompanied by such information in writing as Lessor
might reasonably require respecting the proposed Transferee including, its name,
business addresses, telephone numbers, business experience, credit information
and rating, financial position, banking/personal or corporate references and
business proposed to be conducted by the Transferee on the Leased Lands.
Lessee shall promptly pay all reasonable costs incurred by Lessor in considering
and processing the request for consent including reasonable legal costs and all
costs of completing any documentation to implement any Transfer, which shall be
prepared by Lessor or its solicitor if required by Lessor.
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(d) In the event of a Transfer, Lessor shall have the right to require the Transferee to
enter into an agreement with Lessor in writing to be bound by all of Lessee's
obligations under this Lease in respect of the Leased Lands, as applicable;
Notwithstanding the foregoing, a transfer of voting shares of the Lessee between
members of the William A Graham family shall not be deemed to be a Transfer
for the purposes of this paragraph 12, or an assignment of this Lease to a separate
corporation controlled by a member or members of the Graham family shall not
be deemed to be a Transfer for the purposes of this Lease.
MATERIAL CHANGE IN LEGISLATION
13. If at the time of each renewal of this agreement and/or at the time of any subletting,
assignment or change of control, the Lessor, in its sole discretion, acting reasonably,
determines that there has been a material change in legislation (federal or provincial)
such that any term of this Lease must be re- negotiated and/or amended so as to ensure
compliance with such legislation, the Lessee agrees to participate, acting reasonably, in
such renegotiation and/or amendment. For the purposes of this paragraph, legislation
includes, but is not limited to, legislation, regulation, guideline, directive, order or any
other governmental pronouncement.
WAIVER
14. No waiver of any provision of this Lease is binding unless it is in writing and signed by
both parties to this Lease, except that any provision which does not give rights or benefits
to particular parties may be waived in writing, signed only by the party which has rights
under, or holds the benefit of, the provision being waived if that party promptly sends a
copy of the executed waiver to the other party. No failure to exercise and no delay in
exercising, any right or remedy under this Lease will be deemed to be a waiver of that
right or remedy. No waiver of any breach of any provision of this Lease will be deemed
to be a waiver of any subsequent breach of that provision or of any similar provision.
15. The Lessor and the Lessee mutually covenant and agree with each other that waiver by
either party of any breach of any covenant, condition or stipulation contained herein shall
be a waiver of that specific breach only and shall not be construed as a waiver of any
subsequent breach of the same or any other covenant, condition or stipulation of this
Lease, nor affect or prejudice any of either party's rights or remedies hereunder.
MODIFICATION
16. The Lessor and the Lessee agree that the within Lease represents the complete agreement
reached between the Lessor and the Lessee and there are no collateral representations,
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warranties, guarantees or other agreements which are not herein contained. Any
modification of this Lease made by the parties not reduced to writing and signed by each
of the Lessor and Lessee shall not be binding on the parties hereto notwithstanding that
partial performance or otherwise of such modification may occur. Any modification to
this Lease shall only be effective and binding on the parties hereto if in writing and
signed by all parties hereto, or their successors and permitted assigns.
REGISTRATION
17. The Lessor covenants and agrees with the Lessee that the Lessee shall be entitled to
register a Notice of the within Lease against the title of the Lands and/or Leased Lands.
SUBORDINATION
18. This Lease shall be subject to any and all charge /mortgage(s) upon the Lands or the
Leased Lands on the condition that the chargee /mortgagee(s) thereof agree(s) in writing
with the Lessee that, regardless of default under such charge /mortgage(s) and so long as
the tonnage rent and additional rent herein provided for is paid to the party lawfully
entitled thereto and the Lessee observes and performs all other covenants herein
contained, the Lessee's possession of the Leased Lands shall not be disturbed and this
Lease shall remain effective as against such chargee mortgagee(s).
NOTICE
19. Wherever in this Agreement it is required or permitted that a notice be given by
(a) the Lessee to the Lessor, such notice shall be given in writing and forwarded by
registered mail addressed to the Lessor as follows:
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
148 Line 7S, Box 100, Oro, ON LOL 2X0
Attention: Township Clerk
(or to such other address as the Lessor may advise the Lessee in writing)
(b) the Lessor to the Lessee such notice shall be given in writing and forwarded by
registered mail addressed to the Lessee as follows:
TRY RECYCLING (BARRIE) INC.
9952 Glendon Drive, Komoka, ON NOL 1R0
Attention: Mr. William A. Graham, President
(or to such other address as the Lessee may advise the Lessor in writing)
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Any notice given by either the Lessor to the Lessee or by the Lessee to the Lessor by
registered mail shall be deemed to have been received on the fourth (4th) business day
next following the date of its Post Office registration. In the event of postal interruption
or any other time, any such notice may be hand delivered to an Officer of either the
Lessee or the Lessor, in which case the notice shall be deemed to have been delivered
upon receipt by such Officer. Notice may also be given by facsimile transmission to the
last known facsimile telephone number of the Lessor or the Lessee. Any notice by
facsimile transmission received before 2:00 p.m. on any business day shall be deemed to
have been received that day and any facsimile transmission received after 2:00 p.m. on
any business day or on any other day shall be deemed to have been received at 10:00 a.m.
on the next business day.
DISPUTE RESOLUTION
20. (a) In the event of any disagreement or dispute between the Lessor and the Lessee,
either party may provide written notice to the other requesting a meeting to
discuss such disagreement or dispute. Such meeting shall take place between the
President and CEO of the Lessee and the Mayor and CAO of the Lessor within
three months of the date of the written notice and the above named representatives
of the parties shall meet in person in any location and as many times as may be
mutually agreeable to attempt to resolve the disagreement or dispute, using
reasonable and best efforts.
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(b) In the event that the meeting(s) described in subsection 20(a) do not lead to a
resolution between the Lessor and the Lessee within three months of the first
meeting, or do not take place at all within three months of the first meeting, the
matter in disagreement or dispute shall be submitted to arbitration. Either the
Lessor or the Lessee may notify the other in writing of its intention to submit any
disagreement or dispute to arbitration. Upon receipt of a notice to arbitrate, the
parties shall appoint one mutually agreed upon arbitrator within seven (7) days.
In the event that there is no agreement on a mutual arbitrator within ten (10) days,
the parties shall apply to a Judge of the (Ontario) Superior Court of Justice at
Barrie, Ontario who shall appoint an arbitrator or who may act as an arbitrator if
he sees fit. If either party neglects or refuses to name its arbitrator within ten (10)
days of being properly requested to do so, or if either party refuses to proceed
with the arbitration after due and proper request, the sole arbitrator named shall
proceed to settle the dispute alone, and his decision shall be final and binding on
both parties;
(c) The arbitrator appointed pursuant to this paragraph shall forthwith proceed to
arbitrate the disagreement or dispute between the Lessor and the Lessee and shall
within ninety (90) days, or so soon thereafter as may be practicable, render his or
her decision in writing;
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(d) The Lessor and the Lessee hereby covenant and agree to abide by the decision
rendered by the arbitrator;
(e) The cost of any arbitration shall be shared equally between the Lessor and Lessee,
except as the arbitrator may otherwise determine;
(f) If an arbitrator appointed pursuant to this paragraph dies or resigns, or fails to act
and such failure continues for a period of seven (7) days after notice thereof has
been given by either party or the another arbitrator, a new arbitrator shall be
appointed within a further period of ten (10) in accordance with the provisions of
paragraph 20(b);
(g)
In all other respects, the parties, the arbitration process and the arbitrator(s) shall
be governed be the provisions of the Arbitrations Act of Ontario R.S.O. 1990 Ch.
A. 24, as amended or superseded.
INTERPRETATION
21. When the context so requires or permits, the singular number will be read as if the plural
were expressed and the masculine gender or neuter as if the masculine, feminine, or
neuter, as the case may be, were expressed. If any of the provisions, covenants or
agreements of this Lease are held to be illegal or not binding on either party, it is agreed
that such provisions, covenant or agreement shall be severable from the terms, provisions
and covenants of this Lease and the remaining terms, provisions and covenants shall be
valid and binding upon the parties hereto.
OVERHOLDING
22. If, at the expiration or termination of the Term the Lessee should hold over with the
consent of the Lessor, express or implied, the tenancy of the Lessee shall be a tenancy at
will only on a month -to -month basis, and otherwise shall be subject to all of the other
terms and conditions of this Lease.
TIME
23. Time shall be of the essence of this Agreement.
OUIET ENJOYMENT
24. The Lessee, provided it observes and performs all covenants and obligations hereunder,
shall have quiet enjoyment of the Leased Lands.
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SUPPLY OF UTILITIES
25. The Lessee covenants to arrange for the separately metered supply of and to pay all hydro
charges and all other utility charges in connection with the maintenance and operation of
the recycling facility on the Leased Lands.
FORCE MAJEURE
26. Notwithstanding anything contrary contained in this Lease, if either party hereto is bona
fide delayed or hindered in or prevented from the performance of any term, covenant or
act required hereunder by reason of strikes, labour troubles, inability to procure materials
or services, power failure, restrictive governmental laws or regulations, riots,
insurrection, sabotage, rebellion, war, act of God, or other reason whether of a like nature
or not which is not the fault of the party delayed in performing work or doing acts
required under the terms of this Lease, then performance of such term, covenant or act
(save the payment of tonnage rent and any additional rent on a quarterly (or other) basis
as detailed in paragraph 4 hereof) is excused for the period of the delay and the party so
delayed shall be entitled to perform such term, covenant or act within the appropriate
time period after the expiration of the period of such delay.
LESSOR MAY PERFORM COVENANTS AND
OBLIGATIONS OF THE LESSEE
27. If the Lessee fails to perform any covenant or obligation of the Lessee under this Lease,
the Lessor may, but shall not be obliged to, at any time and from time -to -time perform
such covenant or obligation or cause the same to be performed and for such purpose may
do such things as may be requisite, including without limiting the generality of the
foregoing, enter upon the Leased Lands for such purpose. All reasonable expenses
incurred and expenditures made by or on behalf of the Lessor under this paragraph shall
be paid by the Lessee within ten (10) days of demand therefor by the Lessor.
CONSTRUCTION LIENS
28. (a) The Lessee shall promptly pay all charges incurred by or on behalf of the Lessee
for any work, materials or services which may give rise to a construction or other
lien. If any such lien is registered against the Leased Lands, the Lessee shall,
subject to subparagraph (b) hereof, cause the lien to be discharged forthwith and if
the Lessee fails to do so, in addition to any other right or remedy of the Lessor,
the Lessor may, but shall not be obligated to, discharge such lien by paying the
amount claimed to be due or by other proceedings. The amount so paid by the
Lessor and all reasonable costs and expenses, including reasonable legal fees on a
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solicitor and client basis incurred by the Lessor in procuring the lien discharge,
shall be due and payable forthwith by the Lessee to the Lessor as additional rent;
(b) The Lessee shall have the right to contest by appropriate legal proceedings the
validity of any lien; and if the payment of such claim for lien may legally be held
in abeyance without subjecting the Lessor or Lessee to any liability of whatsoever
nature, the Lessee may postpone such payment until the final determination of
any such proceedings, provided that all such proceedings shall be prosecuted with
all due diligence and dispatch; provided further that in such event the Lessee
agrees to indemnify and save the Lessor harmless from any liability resulting
from such lien and shall execute such other documents as the Lessor may
reasonably require in connection therewith.
LESSOR'S RIGHT OF ENTRY
29. (a) The Lessor or any employee, agent or contractor of the Lessor shall have the
right, after giving reasonable notice to the Lessee during business hours of the
Lessee or at any time during an emergency, and so long as there is no unnecessary
interference with the Lessee's business, to enter the Leased Lands to examine the
state of maintenance and repair thereof of the equipment, fixtures, leasehold
improvements therein, the inventories of unprocessed recyclable materials in
stockpile, and the inventories of recycled materials in stockpile;
(b) No such entry shall in any way affect the obligations or covenants of the Lessee
under this Lease and there shall be no abatement in the tonnage rent or additional
rent under this Lease on account thereof. The Lessor shall indemnify the Lessee
for any physical damage caused by the Lessor or those for whom the Lessor is at
law responsible during any such entry, but shall be under no further or other
liability in respect thereof.
30. (a) At the expiration or sooner termination of the Term the Lessee shall remove the
truck scale, office trailer(s) and similar equipment and shall peaceably surrender
and yield up vacant possession of the Leased Lands in as good condition and
repair as the Lessee is required to maintain the Leased Lands throughout the Term
and return the Leased Lands generally to their condition at the Commencement
Date of this Lease in accordance with the provisions of paragraph 11 hereof,
except the Lessee shall not be required to remove any berms or landscaping
constructed as a condition of the Certificate of Approval. The Lessee's obligation
to observe and perform the covenant contained in this paragraph shall survive the
expiration or sooner termination of this Lease.
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SURRENDER OF LEASED LANDS
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(b) During the three (3) month period prior to the expiration of the Term the Lessee
shall not maintain more than ten thousand (10,000) tonnes combined of recycled
or recyclable materials in stockpile on the Leased Lands, subject always to the
terms of the Certificate of Approval;
(c) Notwithstanding the foregoing subparagraph, the Lessee shall upon the expiration
or sooner termination of the Term remove all stockpiles of recycled or recyclable
materials, all leasehold improvements and equipment unless the Lessor elects to
allow the Lessee to leave any leasehold improvements or equipment, in which
case the Lessee may elect to leave such equipment or leasehold improvements and
title shall pass to the Lessor.
(d) The Lessor acknowledges to and with the Lessee that it has been agreed that all
financial assurances required under the terms of the Certificate of Approval as a
condition of the Lessee maintaining the Certificate of Approval is to be provided
by the Lessee and that upon the expiration of the within Lease provided that the
Lessee has complied with its obligations contained in this paragraph 30 hereof,
the Lessor irrevocably agrees to direct the Ministry of Environment, or the
applicable successor Ministry to return the financial assurance to the Lessee. The
Lessor in turn acknowledges that in the event it wishes to maintain the Certificate
of Approval following the expiration of the within Lease, that it may be required
to provide replacement financial assurance to the Ministry of the Environment or
the applicable Ministry and covenants and agrees in this event it will do so if such
requirement is a condition precedent to the return and/or release of the financial
assurance to the Lessee.
INTEREST AND COSTS
31. All tonnage rent and additional rent in arrears and all other sums paid by the Lessor
which should have been paid by the Lessee shall bear interest from the date payment was
due, or made, or expense incurred at a rate equal to the prime commercial lending rate of
the Lessor's bank plus two percent (2 per annum "designated rate of interest until
received by the Lessor. The Lessor shall have no obligation to pay interest to the Lessee
on the amount of any tonnage credits owing from time to time.
CANCELLATION
32. Notwithstanding any of the provisions herein, the Lessee shall be entitled to cancel the
within Lease and remove its leasehold improvements and equipment and its stockpiles of
materials and recycled materials if, through no fault of the Lessee, the Leased Lands are
no longer zoned to permit a recycling facility and/or the Lessor and/or the Lessee are
unable to continue to maintain the required Certificate of Approval. In this event, the
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Lessee shall be entitled to serve notice of its intent to terminate the within Lease
concurrent with the effective date of such rezoning or the date of expiration or
cancellation of the Certificate of Approval. The Lessee shall forthwith proceed to
remove all recyclable materials and recycled materials from the Leased Lands and will
continue to pay tonnage rent on all recycled materials removed from the Leased Lands
and additional rent in accordance with the terms of this Lease.
CONDITIONS
33. The parties hereto agree to work diligently and cooperatively towards satisfaction of the
items listed in section 33(a) and (b). The inability of either party to fulfil the conditions
listed in 33(a) and 33(b) will permit either party the right to terminate the Lease on the
terms outlined in 33(c) and 33(g). This Lease is conditional upon the Lessee and the
Lessor each being able to obtain certain approvals and/or fulfil certain conditions:
(a) The Lessor shall be responsible at its sole cost and expense to fulfil or be in a
position to fulfil the following conditions:
(i) To take all necessary steps under The Municipal Act, 2001 to comply with
any requirements for the long term leasing of the Leased Lands;
(ii) To obtain the necessary Zoning By -law Amendment and/or Official Plan
Amendment and any Site Plan approval to permit the Leased Lands to be
used for a recycling facility in accordance with the intent of the within
Lease and the Lessee's reasonable operational requirements as to tonnage,
etc.;
(iii) To amend the extraction licence for the Lands to obtain approval from the
Ministry of Natural Resources to permit the recycling facility to be
constructed and operated on the Leased Lands;
(iv) To comply in all respects with the Planning Act;
(v) To provide the necessary survey or reference plan to create a registerable
legal description of the Leased Lands for the purposes of this Lease, the
Notice of Lease referred to in paragraph 17 hereof and for all other
purposes.
(vi) To be in a position to issue a business licence, if necessary, to the Lessee.
(vii) To be responsible for all costs connected with any improvements required
to the exterior of the Lands or the Leased Lands as required by the
Municipality and/or the County and/or the Province such as a road
Page 27 of 102
5/25/2010
8:43:24 AM
(ix)
(i)
4a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft
24
widening, the construction of any turning lane, road paving, intersection
improvements, land dedications, etc.;
(viii) To provide an unencumbered title to the Lands and the Leased Lands; and
To provide written confirmation that the Lessee is entitled to receive a
preferential tipping rate or fee from the County of Simcoe for dumping
non recyclable construction and demolition materials during the Term of
this Lease at the County landfill site(s) at least equivalent to the rate
charged by the County of Simcoe to the Lessor.
(b) The Lessee shall be responsible at its sole cost and expense to fulfil or be satisfied
with the following conditions:
To obtain a Certificate of Approval in the name of the Lessor with the
Lessee designated as the operator to permit the Leased Lands to be
constructed and operated as a recycling facility in accordance with the
terms of the within Lease.
(ii) To be completely satisfied, acting reasonably, with the terms and
conditions of the Certificate of Approval as issued by the Ministry of
Environment.
(iii) To be completely satisfied, acting reasonably, with the terms and
conditions of any Development Agreement and /or any Site Plan Control
Agreement required by the Municipality and /or the County of Simcoe and
to enter into any such agreements as may be required.
(iv) To be completely satisfied, acting reasonably, with its own soils
investigation of the Leased Lands. To allow the Lessee to undertake its
soils investigation the Lessor agrees to provide access to the Leased Lands
to allow the Lessee to conduct its soils investigation on the condition that
following such investigation the Lessee shall restore the Leased Lands to
their prior condition. The Lessee shall provide the Lessor with copies of
any soils reports, environmental assessment reports, etc. as provided to it
by its professional consultants.
(c) The Lessor or the Lessee may, at its sole discretion, terminate the Lease at any
time subsequent to the statutory public meeting held by the County of Simcoe to
consider the Official Plan Amendment and prior to the expiration of fifteen (15)
days subsequent to the first Ontario Municipal Board Pre Hearing in respect of
appeal of the Zoning By -law Amendment and/or Official Plan Amendment
related to the Leased Lands. In the event either party terminates the Lease during
Page 28 of 102
(f)
(g)
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25
this time frame, each party is responsible for its own costs only and has no claim
against the other.
(d) The Lessor on execution hereof hereby irrevocably appoints the Lessee as its
agent to make all necessary application to the Ministry of Environment for the
required Certificate of Approval, all at the cost of the Lessee. The Lessor on
execution hereof hereby undertakes to proceed diligently with all necessary
Official Plan Amendments and/or Zoning By -law Amendments and Site Plan
approval.
(e) In the event the Lessor and/or the County of Simcoe has enacted any necessary
Zoning By -law and/or Official Plan Amendment, to permit the Leased Lands to
be used for a recycling facility and/or the Lessee has not been able to obtain the
required Certificate of Approval because inter alia such Zoning By -law
Amendment and/or Official Plan Amendment has/have been appealed to the
Ontario Municipal Board "OMB each of the Lessor and the Lessee shall
request of the OMB to be added as be parties to the appeal(s) before the OMB.
The Lessee shall be solely responsible for obtaining a Certificate of Approval.
Notwithstanding the provisions of sub paragraph 33(a) hereof, in the event of any
appeal as described in sub paragraph (e) hereof, the Lessee agrees to make
available any documents and technical reports prepared for the Certificate of
Approval application and to participate, as required in giving evidence on such
documents at the OMB hearing. The provision of such documentation or
participation at the OMB hearing by the Lessee's consultant(s) shall be the
responsibility of and at the cost of the Lessee.
In the event the Zoning By -law Amendment and Official Plan Amendment, as
enacted, are approved by the OMB and the operation levels of the Lessee are not
reduced below 55 hours per week and the materials for recycling acceptance are
not reduced below 90,000 tonnes and the materials for recycling and to be sold
are not below 75,000 tonnes per year and the amount of materials which may be
stockpiled at anytime is not below 25,000 tonnes, the OMB decision will be
deemed to be satisfactory to the Lessee for the purposes of this paragraph 33(g)
and Schedule `B
In the event the OMB decision does not approve the Zoning By -law and Official
Plan as enacted and does not permit the operation levels required by the Lessee as
noted above, each party is responsible for its own costs only and has no claim
against the other.
Following the issuance of the final decision and Order of the OMB related to any
appeal of the Zoning By -law Amendment and/or Official Plan Amendment and
following the expiry of any appeal or review period of the decision and Order,
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26
each party hereto must advise the other in writing, within fifteen (15) days of the
expiry of such appeal or review periods, if it wishes to cancel this Lease.
In the event that the Lessee or Lessor decides to cancel this Lease despite a
satisfactory decision of the OMB, the canceling party shall be responsible for all
of the other's costs as defined in Schedule `B" hereto to a maximum amount of
One Hundred Thousand Dollars ($100,000.00). The parties hereto agree to
comply with and acknowledge the terms of conditions of Schedule `B" attached
hereto regarding the provision of security for costs and the terms and conditions
relating to the payment of costs.
Notwithstanding the foregoing, in the event the OMB decision is satisfactory and
a Certificate of Approval cannot be obtained by the Lessee to permit its operations
at the above noted levels, each party is responsible for its own costs only and has
no claim against the other.
In the event the OMB decision is satisfactory and a Certificate of Approval is
obtained, each party is responsible for its own costs only and has no claim against
the other and all terms of the Lease remain in effect.
EARLY POSSESSION
34. Notwithstanding the Commencement Date as herein provided for in paragraph 2(b)
hereof, once the Certificate of Approval has been issued and the Lessor and the Lessee
have exchanged a letter confirming the actual Commencement Date, the Lessee shall be
entitled to possession of the Leased Lands for the purposes of constructing its leasehold
improvements, installing weigh scales, etc., during the ninety (90) day period referred to
in paragraph 2(b) hereof, provided the Lessee has obtained building permits required for
such construction.
LESSOR'S EXPENSES
35. (a) The Lessor acknowledges that though the Lands may be exempt from assessment
and property taxation at the time this agreement is entered into, the Lands may be
reassessed once the Lessee commences its operations on the Lands and may then
be subject to municipal and school board property taxation. The Lessor shall be
responsible to pay all municipal and school board property tax amounts levied on
the Lands and/or the Leased Lands. The Lessor acknowledges that it may
challenge any such assessments, at its sole expense; however, the Lessee agrees
that it will not object to any assessment challenge or appeal undertaken by the
Lessor.
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(b) The Lessor agrees to complete at its expense any alteration to the Lands and /or
Leased Lands required by the MNR as a condition of amending the aggregate
licence for the Lands to permit the Leased Lands to be used as a licenced
recycling facility.
LESSOR'S WARRANTY
36. The Lessor warrants it has or will have good title to the Lands and the Leased Lands and
all proper steps have been taken to authorize its signing officers to execute and deliver
this Lease.
GENERAL
37. Nothing in this Lease derogates from, or interferes with or fetters the exercise by the
Lessor of all of its rights and responsibilities as a municipality, or imposes any
obligations on the Lessor, in its role as a municipality, and the Lessor shall not be
prevented from or prejudiced in carrying out its statutory rights and responsibilities,
including (whether discretionary or mandatory) rights and responsibilities. Nothing
contained in this Lease derogates from or interferes with or fetters the exercise by the
Lessor's officers, employees, agents, representatives or elected and appointed officials of
all of their rights and responsibilities, or imposes any obligations on the Lessor's officers.
38. Nothing contained in this Lease shall derogate from the obligations of the Lessee and the
rights of the Lessor as a planning authority pursuant to the Planning Act, including
obligations of the Lessee to enter into agreements with the Lessor pursuant to Section 41
of the Planning Act or any other applicable provisions of the Planning Act, and
complying with all other of the Lessor's policies and by -laws in effect from time to time
with respect to any matter whatsoever.
39. The parties expressly disclaim any intention to create a partnership or joint venture or to
constitute the other party as its agent. Nothing in this Lease shall constitute the parties
partners or joint venturers, nor constitute one party the agent of the other party.
40. Each party will promptly execute and deliver all further documents and take all further
action reasonably necessary or appropriate to give effect to the provisions and intent of
this Lease and to complete the matters contemplated by this Lease.
41. The rights and remedies under this Lease are cumulative and are in addition to and not in
substitution for any other rights and remedies available at law or in equity or otherwise.
Page 31 of 102
42. The headings herein are for convenience only and are not to be construed as being part of
this Lease.
IN WITNESS WHEREOF the Lessor herein of the First Part has hereunto executed this
Agreement at the Township of Oro Medonte, Ontario under the hand of its authorized signing
Officers this day of 2010 and the Lessee has hereunto executed this
Agreement by the hand of its duly authorized signing officer duly authorized in that regard at
London, Ontario this day of 2010.
SIGNED, SEALED AND DELIVERED
5/25/2010
8:43:24 AM
in the Presence of:
4a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft
28
No single or partial exercise by a party of any right or remedy precludes or otherwise
affects the exercise of any other right or remedy to which that party may be entitled.
HEADINGS
THE CORPORATION OF THE TOWNSHIP
OF ORO- MEDONTE
Per:
Harry Hughes, Mayor
Per:
J. Douglas Irwin, Clerk
TRY RECYCLING (BARRIE) INC.
Per:
William A Graham, President
I have authority to bind the Corporation.
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SCHEDULE "A"
to a Lease between the Corporation of the Township of Oro Medonte
and Try Recycling (Barrie) Inc.
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4a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft
30
SCHEDULE "B"
to a Lease between The Corporation of the Township of Oro Medonte
and Try Recycling (Barrie) Inc.
PAYMENT OF COSTS
1. In this agreement, "costs" means expenses incurred by either party while defending any
Zoning By -law Amendment appeal or Official Plan Amendment appeal related to the
Lands, including, but not limited to, consultant travel expenses, meeting time, fees and
disbursements relating to any Zoning By -law Amendment Appeal or Official Plan
Amendment Appeal related to the Lands and costs of obtaining a Certificate of
Approval, without limiting the generality of the foregoing: specialized planning, legal,
engineering advice or other professional expenses or services and includes attendance
and /or preparation for hearings before the Ontario Municipal Board or any subsequent
judicial proceedings, appeals or applications related thereto.
2. The Lessee shall provide a Letter of Credit to the Lessor in the amount of $100,000.00
no later than fourteen (14) days prior to the date set by the Ontario Municipal Board for
the commencement of a hearing of any Zoning By -law Amendment appeal or Official
Plan Amendment appeal related to the Lands. If the Letter of Credit is not provided at
such time, the Lessor, among other remedies, can limit its participation in the hearing
of the appeal(s) and may request an adjournment of the hearing, at its sole discretion.
a. In the event that the Ontario Municipal Board allows any appeal, in whole or in
part, related to the Lands, the Lessor and the Lessee may, together, determine if
such decision should be appealed or reviewed and in such event, agree to enter
into an addendum to the within Agreement regarding the sharing of costs related
to such appeal or review.
b. In the event that the Ontario Municipal does not allow any appeal, in whole or in
part, related to the Lands and a third party appeals or requests review of such
decision, the Lessor and Lessee agree to enter into an addendum of the within
Agreement regarding the sharing of costs related to such appeal or review.
3. In the event the Lease is cancelled pursuant to Section 33(g), the non canceling party
shall provide an invoice for all costs incurred in its defence of the appealed Zoning By-
law Amendment, the Official Plan Amendment and Certificate of Approval and the
canceling party shall pay such invoice within twenty (20) days of issuance of the
invoice. If the canceling party fails to pay the invoice by the end of the twentieth (20
day from the date of the issuance of the invoice, the Lessor may draw upon the Letter
Page 34 of 102
4a) Doug Irwin, Director of Corporate Services /Clerk, re: Draft
31
of Credit in the full amount of the costs incurred as set out in the invoice up to the full
amount of the Letter of Credit and the Lessee shall pursue the full amount of its invoice
and any interest, costs or damages incurred in the collection of same. The maximum
amount which may be invoiced or claimed against either party is One Hundred
Thousand Dollars ($100,000.00). The Letter of Credit shall not be drawn upon by the
Lessor in any other circumstance.
a. If the Lessor does not draw upon the full amount of Letter of Credit as set out in
paragraph 2 above, any remaining amounts shall be released /returned to the
Lessee.
4. If, following the issuance of the final decision and Order of the OMB related to any
appeal of a Zoning By -law Amendment or Official Plan Amendment and the expiry of
any appeal or review period of such decision and Order, the Lessee advises the Lessor
that it will not be exercising its rights to cancel the Lease as set out in subparagraph
33(g) of the Lease Agreement, the Lessor shall return the Letter of Credit, in its full
amount, to the Lessee within five (5) business days of such advisement by the Lessor.
5/25/2010
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Report No.
CS 2010 -12
Meeting Date:
June 2, 2010
Roll
BACKGROUND:
CORPORATE SERVICES
Report No. CS2010 -012
It is recommended that:
4b) Report No. CS 2010 -12, Doug Irwin, Director of Corporate Ser...
REPORT
To:
Committee of the Whole
Subject:
Advance Vote 2010
Municipal Election
1. Report No. CS 2010 -12 be received and adopted.
Proud Heritage, Exciting Future
Prepared By:
Doug Irwin
Motion
R.M.S. File
RECOMMENDATION(S): Requires Action For Information Onlyn
2. That Advance Vote days for the 2010 Municipal Election be held on
Thursday, October 14, 2010,
Friday, October 15, 2010, and
Saturday, October 16, 2010
between the hours of 10:00 a.m. and 8:00 p.m.
3. And Further That the Clerk bring forward the appropriate by -law for Council's
consideration.
The intent of this report is to advise Council of the requirement to adopt a by -law to
establish dates and times for advance voting as provided in the Municipal Elections Act,
1996. The 2010 Municipal Election will be held on Monday, October 25, 2010.
Section 43(1) of the Municipal Elections Act, 1996, as amended, provides that the
Council of a municipality shall pass a by -law establishing:
one or more dates for an advance vote; and
the hours during which voting places shall be open on that date or dates.
June 2, 2010
Page 1 of 4
Page 36 of 102
ANALYSIS:
4b) Report No. CS 2010 12, Doug Irwin, Director of Corporate Ser...
The 2006 Advance Vote was conducted on a Saturday, at two locations, between the
hours of 10:00 a.m. and 8:00 p.m.
To provide accessible customer service, it is recommended that Advance Vote days for
the 2010 Municipal Election be held on
Thursday, October 14, 2010,
Friday, October 15, 2010, and
Saturday, October 16, 2010
between the hours of 10:00 a.m. and 8:00 p.m.
As with the 2006 Advance Vote, staff will be utilizing 2 locations on each of the Advance
Vote days for 2010.
The additional 2 days during the week and 1 day on the weekend will provide more
opportunity and greater flexibility to maximize voter turnout.
The time of the Advance Vote days will be consistent with Voting Day.
FINANCIAL:
The financial impacts of the 2010 Municipal Election will be drawn from the Municipal
Election allocation.
POLICIES /LEGISLATION:
Municipal Elections Act, 1996, as amended.
CONSULTATIONS:
Simcoe County municipalities.
ATTACHMENTS:
Draft By -Law No. 2010 -097
CORPORATE SERVICES
Report No. CS2010 -012
June 2, 2010
Page 2 of 4
Page 37 of 102
CONCLUSION:
4b) Report No. CS 2010 12, Doug Irwin, Director of Corporate Ser...
It is recommended that Advance Vote days for the 2010 Municipal Election be held on
Thursday, October 14, 2010,
Friday, October 15, 2010, and
Saturday, October 16, 2010
between the hours of 10:00 a.m. and 8:00 p.m.
And Further That the appropriate by -law be brought forward for Council's consideration.
Respectfully s bmitted:
oug I
Director of
CORPORATE SERVICES
Report No. CS2010 -012
orporate Services /Clerk
SMT Aooroval Comments: l C.A.O. Aooroval Comments:
June 2, 2010
Page 3 of 4
Page 38 of 102
Mayor, H.S. Hughes
4b) Report No. CS 2010 12, Doug Irwin, Director of Corporate Ser...
Deputy Clerk, Janette Teeter
CORPORATE SERVICES
Report No. CS2010 -012
Draft
Attachment to Report No. CS 2010 -12
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2010 -097
Being a Bylaw to provide for Advance Vote
for the 2010 Municipal Election
and to Repeal By -Law No. 2006 -053
WHEREAS Section 43(1) of the Municipal Elections Act, S.O. 1996, as amended,
provides that a municipal council shall pass a by -law establishing one or more dates for
an advance vote, and the hours during which voting places shall be open on that date or
dates;
AND WHEREAS Council for The Corporation of the Township of Oro Medonte desires
to establish an Advance Vote date and times for the 2010 Municipal Election;
NOW THEREFORE, the Council of The Corporation of the Township of Oro Medonte
enacts as follows:
1. That an advance vote shall be held on:
Thursday, October 14, 2010,
Friday, October 15, 2010, and
Saturday, October 16, 2010
between the hours of 10:00 a.m. and 8:00 p.m.
2. That By -Law No. 2006 -053 is hereby repealed in its entirety.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 9 DAY
OF JUNE, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
June 2, 2010
Page 1 of 4
Page 39 of 102
Report No.
CS 2010 -13
Meeting Date:
June 2, 2010
Roll
BACKGROUND:
CORPORATE SERVICES
Report No. CS 2010 -013
4c) Report No. CS 2010 -13, Doug Irwin, Director of Corporate Ser...
REPORT
To:
Committee of the Whole
Subject:
Election Records 2010
Municipal Election
9 j i f of
Proud Heritage, Exciting Future
Prepared By:
Doug Irwin
Motion
R.M.S. File
RECOMMENDATION(S): Requires Action For Information Only
It is recommended that:
1. Report No. CS 2010 -13 be received and adopted.
2. That the Township's Records Retention By -Law No. 2008 -006 be amended as
outlined in Report No. CS 2010 -13.
3. And Further That the Clerk bring forward the appropriate by -law for Council's
consideration.
The intent of this report is to advise Council of the requirement to amend the Township's
Records Retention by -law due to legislated changes in the Municipal Elections Act,
1996, as amended (MEA).
Previously, Section 88.(1) of the MEA provided that "the Clerk shall retain the ballots
and all other documents and materials related to an election for 90 days after declaring
the results of the election
Section 88 of the MEA has been amended to require the Clerk to retain election records
for 120 days after declaring the results of the election. Section 88.(2) of the Act also
states that "when the 120 day period has elapsed, the Clerk shall destroy the ballots
and may destroy any other documents and materials related to the election."
June 2, 2010
Page 1 of 2
Page 40 of 102
ANALYSIS:
Given the recent amendments to the MEA, it is recommended that Schedules "A" and "B" of
the Township's Records Retention By -law be amended as follows:
FINANCIAL:
None.
None.
4c) Report No. CS 2010 -13, Doug Irwin, Director of Corporate Ser...
Removing "voters' lists" from the scope notes of Classification "C07" in Schedule "A";
Retitling Classification "CO7B" to read "Election Ballots and Voters Lists" and
including "and voters lists" in the scope notes for the said classification in Schedule
Amending the Retention Period in Schedule "B" from "90 days" to "120 days" for
Classification CO7B.
POLICIES /LEGISLATION:
Municipal Elections Act, 1996, as amended.
CONSULTATIONS:
None.
ATTACHMENTS:
CONCLUSION:
It is recommended that the Township's Records Retention By -Law No. 2008 -006 be
amended as outlined in Report No. CS 2010 -13.
Resp-c y submitted:
Director of Corporate Services /Clerk
SMT Approval Comments:
CORPORATE SERVICES
Report No. CS 2010 -013
C.A.O. Approval Comments:
June 2, 2010
Page 2 of 2
Page 41 of 102
1
1
i
i
Report No.
CS 2010 -014
Meeting Date:
June 2, 2010
Roll
RECOMMENDATION(S): Requires Action' For Information Only
It is recommended that:
1. Report No. CS 2010 -014 be received for information only.
BACKGROUND:
4d) Report No. CS 2010 -14, Doug Irwin, Director of Corporate Ser...
REPORT
The purposes of the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA) are:
(a) to provide a right of access to information under the control of institutions in
accordance with the principles that,
(i) information should be available to the public,
(ii) necessary exemptions from the right of access should be limited and
specific, and
(iii) decisions on the disclosure of information should be reviewed
independently of the institution controlling the information; and
(b) to protect the privacy of individuals with respect to personal information about
themselves held by institutions and to provide individuals with a right of
access to that information.
In accordance with the Act, Council of the Township of Oro Medonte has delegated staff
as the head of the institution. Accordingly, staff respond to MFIPPA requests in
accordance with the Act.
Corporate Services Clerk's Office
Report No. CS2010 -014
To:
Committee of the Whole
Subject:
Summary of Freedom of
Information (FOI) Requests for
the 2006 -2010 Term of Council
Township of
Proud Heritage, Exciting Future
Prepared By:
Doug Irwin
Motion
R.M.S. File
June 2, 2010
Page 1 of 3
Page 42 of 102
ANALYSIS:
4d) Report No. CS 2010 14, Doug Irwin, Director of Corporate Ser...
The following is a statistical overview of the number of requests received under MFIPPA
for the years 2006, 2007, 2008, 2009 and 2010 to date.
2006
of Requests Received 1 5
1# of Requests Completed during the Year 1 6
Disclosure of Requested Records 5 requests in full
1 request no records existed
I 2007
of Requests Received 1 2
of Requests Completed during the Year 1 2
Disclosure of Requested Records 1 request in full
1 request no records existed
I 2008
I of Requests Received 1 3
of Requests Completed during the Year 1 3
Disclosure of Requested Records 13 requests in full
2009
of Requests Received 1 5
of Requests Completed during the Year 1 4
Disclosure of Requested Records 2 requests in full
2 requests partial access
1 request abandoned after fee
estimate
I 2010 to date
of Requests Received 1 2
of Requests Completed during the Year 1 1
Disclosure of Requested Records 1 request in full
1 request in process
FINANCIAL:
Not applicable
Corporate Services Clerk's Office
Report No. CS2010 -014
June 2, 2010
Page 2 of 3
Page 43 of 102
POLICIES /LEGISLATION:
CONSULTATIONS:
Not applicable
Respectfully s e mitted:
4d) Report No. CS 2010 14, Doug Irwin, Director of Corporate Ser...
Municipal Freedom of Information and Protection of Privacy Act
ATTACHMENTS:
Confidential summary of requestors distributed under separate cover
CONCLUSION:
The Township has received a total of 17 requests for information under MFIPPA from
January 1, 2006 until June 1, 2010.
One request has recently been received and will be responded to within the 30 day time
limit defined in MFIPPA. The other 16 requests were completed in accordance with the
legislation.
Douglas I
Director of Corporate Services /Clerk
C.A.O. Anaroval Comments:
Corporate Services Clerk's Office
Report No. CS2010 -014
June 2, 2010
Page 3 of 3
Page 44 of 102
Report No.
HR 2010 -002
Meeting Date:
June 2, 2010
Roll
BACKGROUND:
ANALYSIS:
4e) Report No. HR 2010 -002, Tamara Obee, Manager Health &nbs...
REPORT
It is recommended that:
To:
Committee of the Whole
Subject:
Health and Safety Policies
RECOMMENDATION(S): Requires Action x f For Information Only Li
1. Report HR 2010 -002 be received and adopted;
2. That Draft Policy #'s:
POL- HS- 2 -01 -18 Hazard Assessment Program
And Amended Policy #'s
POL- HS- 2 -01 -04 Personal Protective Equipment
POL- HS- 2 -01 -08 Housekeeping and Cleaning
be enacted effective immediately;
3. That staff be authorized to proceed accordingly.
Over the past year Council has endorsed numerous policies with respect to Health
Safety.
In keeping with the Township's Workwell Audit requirements find attached the following
policies for Council's consideration:
POL- HS- 2 -01 -18 Hazard Assessment Program
And the following policies be amended as accordingly:
POL- HS- 2 -01 -04 Personal Protective Equipment
POL- HS- 2 -01 -08 Housekeeping and Cleaning
Human Resources
Report No. HR 2010 -002
Proud Heritage, Exciting Future
Prepared By:
Tamara Obee
Motion
R.M.S. File
June 2, 2010
Page 1 of 2
Page 45 of 102
These policies are in keeping Council and Senior Management Team Members "Safety
First' philosophy. A training /orientation session will be held for all employees to review
the policies and applicable procedures in the very near future.
FINANCIAL:
N/A
POLICIES /LEGISLATION:
Occupational Health and Safety Act and Applicable Regulations
CONSULTATIONS:
Joint Health and Safety Committee
Chief Administrative Officer
Senior Management Team
ATTACHMENTS:
Draft policies: POL- HS- 2 -01 -18 Hazard Assessment Program
Amended policies: POL- HS- 2 -01 -02 Respect in the Workplace (Harassment and
Violence) (to be distributed at the meeting)
POL- HS- 2 -01 -04 Personal Protective Equipment (to be
distributed at the meeting)
POL- HS- 2 -01 -08 Housekeeping and Cleaning
CONCLUSION:
It is recommended that Council enact the above noted Health Safety policies effective
immediately.
ectfully submitted:
amara Obee
Manager Health Safety, Employee Relations
Human Resources
Report No. HR 2010 -002
4e) Report No. HR 2010 -002, Tamara Obee, Manager Health &nbs...
June 2, 2010
Page 2 of 2
Page 46 of 102
Proud Heritage, Exciting Future
Department/Section Policy
Health Safety POL- HS- 2 -01 -18
Subject y Enacted by Council:
Hazard Assessment Program Motion
This policy applies to all
pose a haz.
hazardou i-
PURPOSE:
One of the most important aspects health an gram is a job zard
assessment (JHA). A hazard asses ill assist rtment staff in determining and
recognizing potential hazards in a pa. o cupation. azard assessment will also
provide information for the developme s.f k proce urps, monitoring methods, as
well as selection and app on of pers equipment.
SCOPE:
DEFINITI
Hazard
4e) Report No. HR 2010 002, Tamara Obee, Manager Health &nbs...
ip of Oro Medonte. All activities which may
emplo ®by t' •olicy. All work locations where the
Hazard
Identification c aracteristics.
Policy
urce o'Psituation with potential to cause harm in terms of
r ill health, damage to property, damage to the workplace
ment, or a combination of these.
process of recognizing that a hazard exists and defining its
Risk The combination of the likelihood and consequences of a
specified hazardous event occurring.
Risk The overall process of estimating the magnitude of risk and
Assessment deciding whether or not the risk is controllable.
Significant A health or safety hazard that has, or may have, a significant
Hazard impact and requires controls.
Page 1 of 6
Page 47 of 102
ManaaersS
Department
Allowable Risk
Chemical
Hazards
Physical
Hazards
Biological
Hazards
RESPONSIBILITIES:
Human Resources
4e) Report No. HR 2010 002, Tamara Obee, Manager Health &nbs...
1. Act as a resource /facilitator
and /or
sments
e maint
2. Ensure that M;
conducting4b
3. Ensure miff
equipment.
4. Ens aining i
The risk that has been reduced to a level that can be endured by
the organization having regard to its legal obligations and its
Health and Safety Policy.
May be in the form of a solid, liquid, or gas. Airborne
concentrations of mists, vapours, gases or solids in the form of
dust or fumes that provide an inhalation hazard. Some materials
may act as skin irritants or may be toxic by absorption through the
skin or via ingestion.
Include excessive levels of n
ionizing radiations and e
vibration, non ionizing and
n temperature and pressure.
A living organism or'" roperties an cause an adverse
response in hum
rvisors.
eir responsibilities for
n of control recommendations.
progra`' are implemented for applicable
olicies and procedures.
s, in their area of responsibility will:
entification and risk assessment procedure and
zard assessments as required.
ensure that workers are involved in the hazard
ication process.
assessments and control options are communicated to all
1. Imple
perform/
2. Provide the
assessment a
3. Ensure that haza
affected workers.
4. Approve and implement recommendations from the hazard assessments.
5. Ensure workers using hazard control measures are properly trained.
6. Ensure written preventative maintenance programs are followed.
7. Review and update hazard assessments at least bi- annually. These forms should
be reviewed post accident or if new equipment or process(es) are introduced to the
work system or area.
Workers
Workers are responsible to:
1. Participate in hazard identification and risk assessments as required.
Page
Page 48 of 102
PROCEDURE:
General
4e) Report No. HR 2010 002, Tamara Obee, Manager Health &nbs...
2. Utilize all identified control measures.
3. Recommend improvements to the control of hazards to their Supervisor or
Manager.
The hazard identification, evaluation and control process will be conducted by minimum of a
supervisor and worker who are familiar with the process an ork being evaluated.
Assistance from Human Resources may also be requeste
Each Task
and list eac
a rite down
d t uld caus
Form Use and Completion
To ease the administration of this process, the a
#OMHS will be used to document assess
Standard Operating Procedures.
Completed assessments will be forwarded to Huth
changes if necessary. Any identifi e azard(s) ilia
to life, property or the envi must be
Standard Operating Procedures and H
1. Select the Job
Identify the To
must be given to
conditi......� d acti
visi
2. B°r
Des
each ta
relevant.
r Eciltrien
rvices ■0
nd abno
by To
tees
and forth
or the inclusio
Rating System Form
he Township's
es for revie °end suggested
sent an imminert danger or
t with immediately.
ach de moment or division. Consideration
operations, potential emergency
hip personnel, subcontractors and
es supplied to the Township by others.
ence. Identify the risk factors at each step. Beside
ateri equipment, processes and environment factors
accident or ill health effects. People factors may be
3. Identify Hazards
For each of the Town` ip tasks/services, identify the associated hazard(s).
Systematically go through every risk factor for every task, and consider what specific
hazards might be involved. Make a list of both health and safety hazards. Some of the
hazard types and sources follow, but are not limited to:
Hazard Types:
Chemical: 1 Compressed gasses, flammables, toxic substances, etc.
Physical: I Noise, vibration, weather, heat, cold, etc.
Biological: 1 Blood, insect bites, plants, etc.
Ergonomic: 1 Awkward work stations, repetitive motions, etc.
Safety: Inadequate machine guarding, incorrect material handling, lack of
good housekeeping, etc.
Page 3 of 6
Page 49 of 102
4e) Report No. HR 2010 -002, Tamara Obee, Manager Health &nbs...
Hazard Sources
People: 1 Actions
Equipment: 1 Tools, production equipment
Material: 1 Raw materials, chemicals
Environment: 1 Noise, air quality
Processes: 1 Combination of the above
4. Determine and Evaluate the Risk
Evaluate the risk of the hazard as if the contr ere not in place.
6. Identify
Identif
limite
Assess the hazard. Evaluate the degree of i
is likely to cause loss of life, permanent lity or seri
probability of occurrence. When cons
persons exposed and the duration of
chemical(s), biological or physical agen
monitoring to ensure that exposures do no
Use the risk rating system fo
controls and course of action.
5. Document and Prior
All assessments
to be considered /r
exposed to these haz
Trai
Monito
Equipme
Personal pr
Work rotation
Lifting aids
Warning devices
tical Haza
Una
'th safe
easu
ing use
elinesptocedures
uring
uch as guards
e equipment
health hazard "s
sure. Where there
lude tCplace an
e 5 of thi
S -4.
Hazard Assessments shall be completed when, but are not limited to:
ie extent.to which the hazard
.oinjury, as well as the
nsider the number of
osure to hazardous
sonal exposure,
gulated or re limits.
licy to determine the appropriate
me priority and require controls
ting proce• ures and training for employees
each hazard. Controls include, but are not
7. Evaluation. Uodatina and Maintainina the Hazards and Risk Assessment
Assess the need to repeat the analysis. Continuous improvement should be implemented
with Hazard Analysis reviewed biannually or sooner if necessary.
Departments are required to identify /review the hazards and perform a risk assessment
for new developments and new or revised services, before they are introduced.
Page 4 of 6
Page 50 of 102
4e) Report No. HR 2010 -002, Tamara Obee, Manager Health &nbs...
Accident frequency and severity
Reported near miss with the potential of fatality or critical injury
Potential for severe injuries or illnesses exist or are suspected
Newly established jobs are designed
Introduction of new controlled product or piece of equipment to task
Modified jobs are introduced
Infrequently performed, or non routine jobs are being performed by workers
8. Review and Recommendations
The Joint Health and Safety Committee must review
recommendations to management on any shortco
use the recommendations for the committee to s,
management must be provided to the JHSC f
It shall be the responsibility of all emplo
ensure that they are aware g this policy
?rogram annually and provide
identified. Management should
4he Program. Any training by
wnship 6 o- Medonte to
sting POL -H -Form 1.
Page 5 of 6
Page 51 of 102
Continuous
Frequent (daily)
Occasional (couple times /week)
Unusual (monthly)
Rare (few times per year)
Very Serious L•
2 Serious Lo
3 I Moderate L
4 1 Minor Loss
5 1 No L, -no inj
3. Use
4e) Report No. HR 2010 -002, Tamara Obee, Manager Health &nbs...
OMHS 4
Use the Risk Rating to determine the priority for determining controls
1. Determine Probability of Hazard Occurrin•: Ex•osure and Likelihood of occurrence
tality, cri
jury or i s
injury
r illness vii
[e'r pr oth
2 1
3 16 19
4 I 10 I 14 I itrIT 21 I 23
15 I 19 1 22 I 24 I 25
1f
16
20
Very likely (has happened /is expected)
2 I Likely (probable could happen)
3 1 Rare (seldom but possible)
4 1 Very unlikely kslight possibility)
5 1 Practically I ssible
Page 52 of 102
2
3
4
5
disability with significant loss
e or other loss(es)
s with I or other loss(es)
put lost time or other loss(es)
st
Page 6 of 6
PURPOSE:
Effective ho
occasiona
Poor hou
Trippin
Being hi
Slipping
Striking g
Cutting, punctun
projecting nails, wi
4e) Report No. HR 2010 002, Tamara Obee, Manager Health &nbs...
p of
Proud Heritage, Exciting Future
Department/Section
Health Safety
Subject
ping can ti
er loose o
ailing obje
on sy, wet
again _?S iecti
Housekeeping and Cleaning
To develop a policy for safe House: ping.
Effective housekeeping can eliminate,
safely and properly. Housekeeping is
and orderly; maintaining halls and floo
materials (e.g., paper, c d) and o
paying attention to im is such
the adequacy of storage acilities and main
p
of accident and fire red`'; 'on.
workplac
anlines
ccidents, such as:
stairs and platforms.
Policy
Policy
POL- HS- 2 -01 -08
Enacted by Council:
Motion
ards and help get a job done
cludes keeping work areas neat
ards; removing of waste
areas. It also requires
whole workplace, aisle marking,
Goo lasekeeping is also a basic part
not a hit and -miss cleanup done
a y and ineffective in reducing accidents.
irty surfaces.
oorly stacked items, open cabinets, or misplaced material.
ng the skin of hands or other parts of the body on
teel strapping.
To avoid these hazards, a workplace must "maintain" order throughout a workday. Although
this effort requires a great deal of management and planning, the benefits are many.
Effective housekeeping results in:
Reduced tripping and slipping accidents in clutter -free and spill -free work areas.
Decreased fire hazards.
Lower worker exposures to hazardous substances (e.g. dusts, vapours).
Better control of tools and materials, including inventory and supplies.
More efficient equipment cleanup and maintenance.
Better hygienic conditions leading to improved health.
More effective use of space.
Page 1 of 5
Page 53 of 102
Reduced property damage and repair expenses by improving preventive maintenance.
Less janitorial work.
Improved morale.
Improved productivity (tools and materials will be easy to find).
SCOPE:
It is the duty of all Employees that are employed by the Township of Oro Medonte, including
full -time, part -time, seasonal, student, co -op, and contract services, to maintain good
housekeeping practices in order to create a safer work environment.
PROCEDURE:
PRESTART CHECK
4e) Report No. HR 2010 002, Tamara Obee, Manager Health &nbs...
A good housekeeping program plans an, ages the order) age and movement of
materials from point of entry to exit. It inc a material flow pla ensure minimal
handling. The plan also ensures that work a are nq ed as st• areas by having
workers move materials to and fry a work area s nY d. Part of the n may include
investing in extra bins and more F�',�e -nt dispos
The costs of this investment would o '�s the eli
same material and more effective use;of th e rs' ti
storage planning result aterials being hart,
Knowing the layout of e 'lace, an
help plan work pro
Worker trainin• is an es ti rt any g® housekeeping program. Workers need to
know ho. ,t fely o f a p rop th f They also need to know how to
prote der wor 4 ch r postin bY., r s (e.g., "Wet Slippery Floor and reporting
any u
Houseke °f'r�. order is "rr taine t "achieved." Cleaning and organization must be
done regul.( ntegrating seke g into jobs can help ensure this is done. A good
housekeepin•.ram idea <""t -s and assigns responsibilities for the following:
Clean up d
Day -to -day cle
Waste disposal.
Removal of unused materials.
Inspection to ensure cleanup is complete.
ation of repeated handling of the
ften, ineffective or insufficient
in hazardous ways.
f materials throughout it can
Do not forget out -of- the -way places such as shelves, basements, sheds, and boiler rooms
that would otherwise be overlooked. The orderly arrangement of operations, tools,
equipment and supplies is an important part of a good housekeeping program.
The final addition to any housekeeping program is inspection. It is the only way to check
for deficiencies in the program so that changes can be made.
Page 2 of 5
Page 54 of 102
OPERATION
Dust and Dirt Removal
In some jobs, enclosures and exhaust ventilation systems may fail to collect dust, dirt and
chips adequately. Vacuum cleaners are suitable for removing light dust and dirt. Industrial
models have special fittings for cleaning walls, ceilings, ledges, machinery, and other
hard -to -reach places where dust and dirt may accumulate.
Special purpose vacuums are useful for removing hazy s substances. For example,
vacuum cleaners fitted with HEPA (high efficiency late air) filters may be used to
capture fine particles of asbestos or fiberglass.
Dampening (wetting) floors or using sweep' �m ounds sweeping p g( 9) 9 a P P P 9 reduces the
amount of airborne dust. The dust and gri at collect in pla 'ke shelves, piping,
conduits, light fixtures, reflectors, window '.boards and locked y require manual
cleaning.
Compressed air should not be used for remove #riu or chips fro x uipment or
work surfaces.
Emolovee Work Locations
All Employee work
necessary for sto
cleaning once or
plus disinfectants, if
locations
chang
Eatin.
eating
4e) Report No. HR 2010 002, Tamara Obee, Manager Health &nbs...
ed to b
perso
They a
kers are
ell maintained. Lockers are
gin shroom facilities require
ed to have a good supply of soap, towels
ing hazardous materials, employee work
ions h as showers, washing facilities and
is pro 'a and where toxic materials are handled. The
pork area and should be cleaned properly each shift.
Floors: Poor floor e a leading cause of accidents so cleaning up spilled oil
and other liquids at portant. Allowing chips, shavings and dust to accumulate
can also cause accide rapping chips, shavings and dust before they reach the floor
or cleaning them up regularly can prevent their accumulation. Areas that cannot be
cleaned continuously, such as entrance ways, should have anti -slip flooring. Keeping
floors in good order also means replacing any worn, ripped, or damaged flooring that
poses a tripping hazard.
Walls: Light coloured walls reflect light while dirty or dark coloured walls absorb Tight.
Contrasting colours warn of physical hazards and mark obstructions such as pillars. Paint
can highlight railings, guards and other safety equipment, but should never be used as a
substitute for guarding. The program should outline the regulations and standards for
colours.
Page 3 of 5
Page 55 of 102
Maintain Liaht Fixtures
Dirty Tight fixtures reduce essential light levels. Clean light fixtures can improve lighting
efficiency significantly.
Aisles and Stairways
Aisles should be wide enough to accommodate people
safely. Aisle space allows for the movement of people
signs and mirrors can improve sight -lines in blind co
encourages people to use them so that they do n
areas.
Keeping aisles and stairways clear is impo
"overflow" or "bottleneck" storage. Stairw
nt, bot Wit.
educes the ``a
w';.•air all tools'
Shill Control
The best way to control spills is:
maintaining machines and equip
where possible spills might occur.
immediately. Absorbent materials a
Used absorbents mtf dep
Tools and EauiomeD
Tool house e•ing
on the b
arrant
after
clean a
Maintenanc
Waste Disposal
4e) Report No. HR 2010 002, Tamara Obee, Manager Health &nbs...
a• vehicles comfortably and
ucts and materials. Warning
Arranging aisles properly
ortcuts through hazardous
They shoo'
'rid aisles also r re adequate lighting.
t be used for temporary
them be x happen. Regut ly cleaning and
ne way. er is to use drip pans and guards
ill do occ.. t is important to clean them up
sefui •ing up-reasy, oily or other liquid spills.
operly afely
the tool room, on the rack, in the yard, or
ab u z s °marked locations to provide orderly
m and r7`` tie work bench. Returning tools promptly
ing misp ced or lost. Workers should regularly inspect,
damaged or worn tools out of service.
The maintenanc='. •uildinornd equipment may be the most important element of good
housekeeping. Mai volves keeping buildings, equipment and machinery in
safe, efficient working and in good repair. This includes maintaining sanitary
facilities and regularly pa ting and cleaning walls. Broken windows, damaged doors,
defective plumbing and broken floor surfaces can make a workplace look neglected; these
conditions can cause accidents and affect work practices. So it is important to replace or
fix broken or damaged items as quickly as possible. A good maintenance program
provides for the inspection, maintenance, upkeep and repair of tools, equipment,
machines and processes.
The regular collection, grading and sorting of scrap contribute to good housekeeping
practices. It also makes it possible to separate materials that can be recycled from those
going to waste disposal facilities.
Page 4 of 5
Page 56 of 102
Allowing material to build up on the floor wastes time and energy since additional time is
required for cleaning it up. Placing scrap containers near where the waste is produced
encourages orderly waste disposal and makes collection easier. All waste receptacles
should be clearly labeled (e.g., recyclable glass, plastic, scrap metal, etc.)
Storaae
Good organization of stored materials is essential for overcoming material storage
problems whether on a temporary or permanent basis. There will also be fewer strain
injuries if the amount of handling is reduced, especially if ,ess manual materials handling
is required. The location of the stockpiles should not i there with work but they should
still be readily available when required. Stored mate hould allow at least one meter
(or about three feet) of clear space under sprinkl
Stacking cartons and drums on a firm foundat and cros ng them, reduces the
chance of their movement. Stored maters, ould not obstr aisles, stairs, exits, fire
equipment, emergency eyewash fountai mergency showers, rfirst aid stations. All
storage areas should be clearly marked.
Flammable, combustible, toxic
approved containers in designate:
they pose. Storage of materials sh`�
and the regulations of environments!
jurisdiction.
4e) Report No. HR 2010 -002, Tamara Obee, Manager Health &nbs...
her hazar terials should b`tored in
that are opriate for the different hazards that
II requi tints specified in the fire codes
onal a vlth and safety agencies in your
ONE'S`ESPONSIBILITY
he ressib I Em ees of the Township of Oro Medonte to
by completing POL- HR -01- Form -1.
Page 5 of 5
Page 57 of 102
Meeting Date:
June 2, 2010
Roll
It is recommended that:
BACKGROUND:
ANALYSIS:
Human Resources
Report No. HR 2010 -003
4f) Report No. HR 2010 -003, Tamara Obee, Manager Health Sa...
REPORT
Report No. To:
HR 2010 -003 Committee of the Whole
Subject:
Bill 168 Policy Respect in
the Workplace (Harassment
Violence)
Tow o jJ' ��i�
Proud Heritage, Exciting Future
Prepared By:
Tamara Obee
Motion
R.M.S. File
RECOMMENDATION(S): Requires Actionu For Information Only Li
1. Report HR 2010 -003 be received and adopted;
2. That Amended Policy
POL- HS- 2 -01 -02 Respect in the Workplace (Harassment Violence) be enacted
effective immediately;
3. That Policy POL -HR -014 Workplace Harassment be repealed effective
immediately;
4. That staff be authorized to proceed accordingly.
Bill 168, an Act to amend the Occupational Health and Safety Act (OHSA) with respect
to violence and harassment in the workplace received Royal Assent on December 15,
2009. The amendments to the OSHA will come into force June 15, 2010. At that time,
workplaces in Ontario where more than five workers are regularly employed will be
required to have the necessary policies, programs, measures and procedures in place.
In order to ensure the Township of Oro Medonte is compliant with the requirements
prescribed in Bill 168 a review has been completed of the current policies in place.
POL -HR -014 Workplace Harassment and POL- HS- 2 -01 -02 Violence Free
Workplace Policy do not adequately reflect the requirements under Bill 168 and shall be
replaced by the attached policy for Council's consideration.
New requirements under Bill 168 are as follows:
Policies relating to harassment and workplace violence must ensure they
encompass specific definitions, workplace violence assessments, and reference
to training employees. The amended policy includes these items.
June 2, 2010
Page 1 of 2
Page 58 of 102
CONCLUSION:
Respectfully submitted:
4f) Report No. HR 2010 003, Tamara Obee, Manager Health Sa...
There must be a formal investigative process for any complaints concerning
harassment and workplace violence. Incident investigation report forms have
been attached to the policy to meet this requirement.
Employers must proactively assess the risk of workplace violence that may arise
due to the type or conditions of work. Human Resources in conjunction with the
Senior Management Team, Department Management Teams, Joint Health
Safety Committee and Employees will be conducting such assessments for
Township work locations.
Employers must provide information and instruction to workers on the contents of
the Township's policies and programs. Training will be scheduled in the near
future for employees regarding this amended policy.
FINANCIAL:
N/A
POLICIES /LEGISLATION:
Occupational Health and Safety Act and Applicable Regulations
Bill 168
CONSULTATIONS:
Chief Administrative Officer
Senior Management Team
ATTACHMENTS:
Amended policies: POL- HS- 2 -01 -02 Respect in the Workplace (Harassment and
Violence)
It is recommended that Council enact the above noted Health Safety policies effective
immediately in order to meet the obligations of Bill 168 which comes into force and
effect on June 15, 2010.
amara Obee
Manager Health Safety, Employee Relations
Human Resources
Report No. HR 2010 -003
j June 2, 2010
C Page 2 of 2
Page 59 of 102
4f) Report No. HR 2010 -003, Tamara Obee, Manager Health Sa...
PURPOSE:
Proud Heritage, Exciting Future
Department/Section
Health Safety
Subject
Respect in the Workplace
(Harassment and Violence)
This poll
with Towntti
Employees re
to Council's Co
This includes, but i
Policy
Policy
POL-HS-2-01 -02
Enacted by Council:
The Township of Oro Medonte
environment that is based on
organization. It is the Township o
environment that is free of any form o
The Township of
or acts of viole
Visitors.
ommitted
for the
edonte's
or viol
Motion
ng and mai Erung a working
and rights of everyone in the
to provide a healthy and safe
a form of verbal abuse
of Council, Employees or
ro -Medo te's Employees and individuals who interact
-.ut not limited to contractors and consultants,
or st' f 0 Elected Officials, Volunteers and those appointed
ntext of their interactions and dealings with Employees.
The workplace
During work related F, vel
At restaurants, hotels or meeting facilities that are being used for business purposes
In company owned or leased facilities
During telephone, email or other communications; and
At any work related social event, whether or not it is company sponsored.
Page 1 of 13
Page 60 of 102
DEFINITIONS:
Discrimination
4f) Report No. HR 2010 003, Tamara Obee, Manager Health Sa...
Workplace discrimination includes any distinction, exclusion or preference based on the
protected grounds in the Ontario Human Rights Code, which nullifies or impairs equality of
opportunity in employment, or equality in the terms and conditions of employment.
Sexual harassment includ on
not welcom ffend
comment
ces nexus
becaus is or her g
men can b'
x can har
o.r comm
v;. o inc
The protected grounds of discrimination are:
Race, colour, ancestry, citizenship, ethnic
Creed, religion.
Age.
Sex (including pregnancy and gende(d tity).
Sexual orientation.
Family, marital (including sa t. -sex partne
Disability or perceived disab
A record of offences for which +ate has bee
Act (Canada) and has not been yok ran often
enactment.
Sexual Harassment
Both men an
same or opposit
Some examples of
some a else.
ent are:
r
a= US.
f origin.
of a sexual nature that the recipient does
s negative or inappropriate conduct or
but which are directed at an individual
i ms �fharassment, and someone of the
nted under the Criminal Records
n respect of any provincial
Sexual advances o ands that the recipient does not welcome or want.
Threats, punishment or denial of benefit for refusing a sexual advance.
Leering (persistent sexual staring).
Displaying sexually offensive material such as posters, pictures, calendars, cartoons,
screen savers, pornographic or erotic web sites or other electronic material.
Distributing sexually explicit email messages or attachments such as pictures or video
files.
Sexually suggestive or obscene comments or gestures.
Unwelcome remarks, jokes, innuendos, propositions or taunting about a person's
body, clothing or sex.
Persistent, unwanted attention after a consensual relationship ends.
Physical contact of a sexual nature, such as touching or caressing.
Sexual assault.
Page 2 of 13
Page 61 of 102
Discriminatory Harassment
4f) Report No. HR 2010 003, Tamara Obee, Manager Health Sa...
Discriminatory harassment includes comments or conduct based on the protected grounds in
the Ontario Human Rights Code, which the recipient does not welcome or that offends him or
her.
Some examples of discriminatory harassment include:
Offensive comments, jokes or behavior that disparage or ridicule a person's
membership in one of the protected grounds, such as race, religion or sexual
orientation.
Imitating a person's accent, speech or manneris
Persistent or inappropriate questions about p:' <?.erson is pregnant, has children
or plans to have children.
Inappropriate comments or jokes as n individ m age, sexual orientation,
personal appearance or weight.
Harassing comments or conduct can poison so eone's working en iment, making it a
hostile or uncomfortable place to wo, even if the s not being y targeted. This
commonly is referred to as a pa( working ronment and its also a form of
Some examples of actions that can cre
vironment include:
Displaying off e or al mai l h pters, pictures, calendars, web
sites or screen
Distributing offens mai sages, oa such as pictures or video files.
Practi It so one
Jo k tar- ensive, r •r �`scriminatory in nature.
Workplace har is a he a. and safety issue that is covered under the Occupational
Health and Safe
The Occupational Heaa!ety Act defines workplace harassment as:
Engaging in a course of vexatious or malicious comments or conduct against a worker
in a workplace that is known or ought reasonably to be known to be unwelcome.
Workplace harassment may have some or all of the following components:
It is generally repetitive, although a single serious incident may constitute workplace
harassment if it undermines the recipient's psychological or physical integrity and has
a lasting harmful effect.
It is hostile, abusive or inappropriate.
It affects the person's dignity or psychological integrity.
It results in a poisoned work environment.
Page 3 of 13
Page 62 of 102
Mea
Pe
I
Req
4f) Report No. HR 2010 003, Tamara Obee, Manager Health Sa...
Behavior that intimidates, isolates or discriminated against the recipient may also be
included.
Some examples of workplace harassment are:
Verbally abusive behavior such as yelling, insults, ridicule and name calling including
remarks, jokes or innuendos that demean, ridicule, intimidate or offend.
Workplace pranks, vandalism, bullying and hazing.
Gossiping or spreading malicious rumours.
Excluding or ignoring someone, including persisten clusion of a particular person
from workplace- related social gatherings.
Undermining someone else's efforts by setting ssible goals, with short deadlines
and deliberately withholding information that of 1ti rr ble a person to do their job.
Providing only demeaning or trivial tasks i ®i of no t`hi I job duties.
Humiliating someone.
Sabotaging someone else's work.
Displaying or circulating offensive pictu nor materials.
Offensive or intimidating phone calls or m
Impeding an individual's e at promoti
legitimate.
Making false allegations abou
grrect
ance �rnp
ng disciplin°
rig medical
ude norm
-tween
eme
wor
omen
be co
ork functi
n memo
What Isn't Harassment
Workplace harassm
actions that are part of
It also does no
differences of opini
The Test of Harassmen
an.
ransfers for re ins that are not
other work related documents.
with Ie 1 j ate, reasonable management
including:
cies, such as placing someone on a
e infractions.
support of an absence from work.
.workplace conflict that may occur between individuals or
workers.
It does not matter whether there is intent to offend someone. The test of harassment is
whether a person knew or should have known that the comments or conduct were
unwelcome to the other person. For example, someone may make it clear through their
conduct or body language that the behavior is unwelcome, in which case you must immediate
stop that behavior.
Although it is commonly the case, the harasser does not necessarily have to have power or
authority over the victim. Harassment can occur from co- worker to co- worker, supervisor
and /or manager to employee and employee to supervisor and /or manager.
Page 4of13
Page 63 of 102
Workplace Domestic Violence
Workplace and domestic violence that may occur in the workplace are health and safety
issues, which are covered under the Occupational Health and Safety Act.
Workplace Violence
Workplace violence is defined under the Occupational Health and Safety Act as:
The exercise of physical force by a person againsta worker, in a workplace, that
causes or could cause physical injury to the worker
An attempt to exercise physical force against, srker, in a workplace, that could
cause physical injury to the worker.
A statement or behavior that is reasona• er a c r to interpret as a threat to
exercise physical force against the word 'in a workp that could cause physical
injury to the worker.
It is defined broadly enough to include acts
violence includes:
urs outside��1
ing worki
nor
relatio
Physically threatening beha
destroying property, throwing o e cts..
Verbal or written threats to physic att
Leaving threate "x o or sendi threa,
Wielding awe ri atw•
Stalking someo
Physically aggres v eh s includes
to s. stn e s &anne
so sl ally rest lining someone
a'dIt..
Violence tha
environment, in
workplace.
Domestic Violence
4f) Report No. HR 2010 003, Tamara Obee, Manager Health Sa...
an
considere criminal. Workplace
4 ,as shaki fist at someone, finger pointing,
orker.
ails
hitting, shoving, standing excessively close
hushing, kicking, throwing an object at
r any other form of physical or sexual
orkplace but which has an impact on the working
ships, may also be considered violence in the
If an employee is experiencing domestic violence that would likely expose them, or other
workers, to physical injury that may occur in the workplace, the Township will take every
reasonable precaution to protect the worker and co- workers in the workplace when advised
by the employee. This may include some or all of the following:
Creating a safety plan.
Contacting the police.
Establishing enhanced security measures such as a panic button, code words, and
door and access security measures.
Screening calls and blocking certain email addresses.
Setting up priority parking or providing escorts to vehicles.
Adjusting working hours and location so that they are not predictable.
Page 5 of 13
Page 64 of 102
4f) Report No. HR 2010 -003, Tamara Obee, Manager Health Sa...
Facilitating access to counseling through the Employee Assistance Program or other
community programs.
The Township appreciates the sensitivity of these issues and will provide assistance to the
Employee as discreetly as possible while maintaining privacy.
PREVENTING HARASSMENT AND VIOLENCE:
It is the mutual responsibility of the Township and its Employees to ensure a harassment and
violence -free workplace and address violence and /or the threat of violence from all possible
sources (including customers, clients, employers, su sors, workers, strangers and
domestic /intimate partners).
The Township
harassme
aware of
investigat
Supervisors/
RISK ASSESSMENTS:
Human Resources shall be responsible for
The assessments will be kept on file
periodically.
The members of the Joint Health
assessment forms to ensure Employ
identifying further risks.
RESPONSIBILITIES:
The Township of Oro`
ety Comm
r.. aware o
ssing the risk o a fence in the workplace.
Human Resource ::and will be reviewed
I receive copies-of the completed
ntial violence risks and to assist in
not tolerating or condoning discrimination,
pla -�Thi m •es making everyone in our organization
of approp le, assessing the risk of workplace violence,
suitable orrective measures.
Supervisors ®or Ma ers are expected to assist in creating a harassment -free
workplace and
p `gin ply contact the Human Resources Department if there is a
complaint of workpl;: rassment or violence or witness or are aware of harassing or
violent behaviour.
Supervisors and /or Managers must also take every reasonable precaution to protect
employees from workplace violence, including evaluating a person's history of violent
behaviour to determine whether and to whom this employee poses a risk. In making
this evaluation supervisors should consider:
Whether the person's history of violence was associated with the workplace or work.
Whether the history of violence was directed at a particular employee or employees in
general.
How long ago the incidence of violence occurred.
Page 6 of 13
Page 65 of 102
In certain circumstances, Supervisors and /or Managers may have a duty to provide
information about a risk of workplace violence from a person with a history of violent
behaviour if an employee can be expected to encounter that person during the course
of his or her work, and the risk of workplace violence is likely to expose the employee
to physical injury.
Only release as much personal information about the person with a history of violent
behaviour as is reasonably necessary to protect the employee from physical injury.
Employees:
Must do their part by ensuring that their behavi,
legislation and shall foster a work environment
harassment.
Are also required to report to their Supervi
in the case of the existence of any workpl
PROCEDURE:
INFORMAL PROCEDURE
If an Employee believes that they a
the person to stop. Do so as soon a
Although this may be diffic It to do, t
often enough to stop th -6 r.
Some of the things that'`':e sai`o stop thi =w, haviour are:
If the harassment
4f) Report No. HR 2010 003, Tamara Obee, Manager Health Sa...
nd /o
violenc
oes not violate this policy or
based on respect and is free of
nager or Human Resources,
e o great of workplace violence.
first thing they are to do is to tell
rents or conduct has occurred.
it actions are unwelcome is
n you...
onfronting the individual, an Employee may want to:
Provide him or ham' "ritten statement of the situation.
Include specific de :a�f the behaviours considered to be harassing, the request to
the harasser to stop and the expectation that he or she will stop.
Provide details of the next steps planned to take if the harassment does not stop e.g.,
filing a formal complaint.
Keep a copy of the statement.
It helps to keep a record of any incident(s) that are experienced. This includes when
the harassment started, what happened, whether there were any witnesses and the
responses.
If an Employee believes that someone who is not a member of our organization, e.g. a
customer, supplier, etc., has harassed or discriminated against them, please report the
harassment to your Supervisor and /or Manager or Human Resources. Although the
Page 7 of 13
Page 66 of 102
4f) Report No. HR 2010 -003, Tamara Obee, Manager Health Sa...
Township of Oro Medonte has limited control over third parties, the issue will be addressed
and an attempt will be made to prevent further problems from arising.
FORMAL PROCEDURE
Human Resources
If the complaint cannot be resolved informally or if it is too serious to handle on an informal
basis, an Employee may bring a formal complaint to Human Resources. Human Resources
shall act as workplace coordinators with respect to h._,.assment and violence in the
workplace.
If a formal complaint is prepared, details must in
believed to be the harasser, the complainants
incident(s), and the names of any possible esses.
Investigation Form (Harassment Violence ached to this
5
It is important that Human Resources receives t
problem does not escalate or hap am Once
investigation will be initiated, if it is and app
Discrimination and harassment are ser
make a formal complaint
steps to prevent furt
with an investigation
or incidents involving
Note: It is
extenuat.
I nvestiaatio
Human Resourc
investigation as cr
investigator, dependin
The investigation will inclu
n Resou
t. For
s are
e name of the person that is
lace, date and time of the
espect in the Workplace
and numbered OMHS-
as soon a possible so that the
pliant has been received, a formal
ate to do so.
if an Employee decides not to
to 1 £estigate the matter and take
esources may need to continue
have been previous complaints
anonymous complaints unless there are
with the Chief Administrative Officer, will commence an
sible. Choosing to use either an internal or external
ure of the complaint.
Interviewing the complainant and respondent to ascertain all the facts and
circumstances relevant to the complaint, including dates and locations.
Interview witnesses, if any.
Reviewing any related documentation.
Making detailed notes of the investigation and maintaining them in a confidential file.
Once the investigation is complete, the investigator(s) will complete the attached Respect in
the Workplace Form (Harassment Violence) (OMHS -5) and submit the findings to Human
Resources. A summary of the finding will also be provided to the complainant and
respondent.
Page 8 of 13
Page 67 of 102
It is the Township's goal to complete any investigation and communicate the results to the
complainant and respondent within thirty (30) days after a complaint is received, when
possible.
Corrective Action:
4f) Report No. HR 2010 003, Tamara Obee, Manager Health Sa...
Human Resources, in consultation with the Chief Administrative Officer, will determine what
action should be taken as a result of the investigation.
Human Resources will inform the complainant and re of the results of the
investigation and whether (but not necessarily what) core' °a;e measures were taken, if any
were necessary.
If there i
taken.
Discipline, such as a verbal'' i1g, written
with or without ca Y ,a
Referral for counseling (sensiti train tl
skills training or attendance at e. Ilona
A demotion or d tF romotio
Reassignmen a ransfe
Financial penal such a' e denial
increase.
Any o
linary
enough eii dice t
de in good
lainant
.:.ver, d'
If a finding of harassment is made, the Townshl
corrective measures, regardless of the respon nts seniori
Oro Medonte.
Corrective measures may include one or more t e following:
If a complaint i
investigation, the
Oro Medonte shall,
false and malicious co
stantia
edonte will take appropriate
osition in the Township of
n "e 'g or suspension without pay.
agement training, supervisory
,orkplace respect.
onus or performance related salary
late under the circumstances.
complaint, corrective measure will not be
andvtthout malice, regardless of the outcome of the
not be subject to any form of discipline. The Township of
ine up to and including termination anyone who brings a
NOTE: COMPLAINTS IN "P LVING THE A MEMBER(S) OF THE SENIOR MANAGEMENT
TEAM OR A MEMBER(S) OF COUNCIL
Human Resources, in consultation with the Chief Administrative Officer, will commence and
investigation for allegations of harassment made by or against a Senior Management Team
member, or made by or against a Member of Council, and shall be referred to an
independent fact finder. The findings shall be submitted to the Chief Administrative Officer
who will submit the findings to Council and the Senior Management Team in Closed Session
in accordance with the Township's Procedural By -law. Should be allegations be made
against the Chief Administrative Officer, Human Resources shall refer the allegation to an
independent fact tinder with results submitted to Council in Closed Session in accordance
with the Township's Procedural By -Law.
Page 9 of 13
Page 68 of 102
4f) Report No. HR 2010 -003, Tamara Obee, Manager Health Sa...
PROCEDURE FOR RESOLVING AND INVESTIGATING WORKPLACE VIOLENCE:
Workplace Violence:
Employees have the right to refuse work if workplace violence is likely to endanger them. In
that instance, please immediately contact the Supervisor and /or Manager at which point
appropriate measures will be taken to provide protection and investigate the situation.
Affected Employees will be moved to a safe place as near as reasonably possible to their
normal work station and will need to be available for the purposes of investigating the
incident. In some circumstances, alternative work may be arranged during normal working
hours.
In appropriate circumstances, the Township may he police, or other emergency
responders as appropriate, to assist, intervene .r i esti orkplace violence. Some of
the measure and procedures for summonin® mediate „stance include, but is not
necessarily limited to:
Equipment to summon assistances s 1' as fix or persa'.alarms, locator or
tracking systems, phones, cel .hones, etc.
Emergency telephone numb d /or email d'•• ses.
Emergency procedures as ca� d in our a :•ency procedures and /or policies.
Provided the situation is dealt with
necessity of work refus alleviate
Investiaation Procedu
Employees required o
workplace your
Resource in consultat'o
investiga as quickly a
investigator, ending on t
Once the invest' n is com
findings to Human eources.
Safety Committee.
Corrective Action:
of any workplace violence or threat of
nager, or Human Resources. Human
Chi dministrative Officer, will commence an
nd may choose to use either an internal or external
he incident.
te, the investigator(s) will prepare a detailed report of the
P.
opy of the report will be provided to the Joint Health and
The Chief Administrative Officer will determine what action
investigation.
should
to workers is removed, the
be taken as a result of the
If a finding of workplace violence is made, the Township of Oro Medonte will take appropriate
corrective measures, regardless of the respondent's seniority or position in the Township of
Oro Medonte.
If a complaint is made in good faith and without malice, regardless of the outcome of the
investigation, the Complainant will not be subject to any form of discipline. The Township of
Oro Medonte shall, however, discipline up to and including termination anyone who brings a
false and malicious complaint.
Page 10 of 13
Page 69 of 102
PROCEDURES FOR ADDRESSING DOMESTIC VIOLENCE:
if an Employee is experiencing domestic violence with the potential to expose them to
physical injury in the workplace or are experiencing workplace violence or believe that
workplace violence is likely to occur, you may seek immediate assistance by contacting
Human Resources. Human Resources will assist in preventing and responding to the
situation.
CONFIDENTIALITY OF COMPLAINTS AND INVESTIGATIONS:
The Township of Oro Medonte recognizes the sensitive
complaints and will keep all complaints confidential, to
do so. Information will only be released as neces
complaint or situation or if required to do so by law.
Out of respect for the relevant individuals, ssential that f
witnesses and anyone else involved in th .formal investigation
confidentiality throughout the investigation and rwards..
PROTECTION FROM RETALIATI
4f) Report No. HR 2010 003, Tamara Obee, Manager Health Sa...
re of harassment and violence
ent that the Township is able to
investigate and respond to the
omplainant, respondent,
complaint maintain
The Township of Oro Medonte will n•'ole retaliation aunts or threats against anyone
who complains about harassment or t s part�i inve 8 ation. Any person, who taunts,
retaliates against or thr =.e fern nyone in" ,ation o a ass .t or violence complaint shall
f
be disciplined up to �otu. £"rminati
It shall bet.respon i plo of the Township of Oro Medonte to
ensare o �hc completing POL -HR -01 -Form 1.
Page 11 of 13
Page 70 of 102
Name:
Department:
I Type of Incident:
Reported to Supervisor? El Yes
If no, explain why:
Name of Supervisor:
n Employee
n Ex- employee
Gender
Witness(es)
Name:
Address Ph
4f) Report No. HR 2010 -003, Tamara Obee, Manager Health Sa...
RESPECT IN THE WORKPLACE (Harassment Violence)
INVESTIGATION FORM
OMHS -5
Verbal
Complainant description of Incident (attach additional pages if required):
Job Title:
Date of Incident:
Other:
Time of Incident:
ute to t
er
Othei ease spect
emI,Name: (if
Male
Did working conditions c
Please explain:
Type of Incident
Location of incident (attach a sketch or pictures where possible)
Please attach any reports/statements
El Yes No
Delivery Person
wn)
tatement Attached Yes El No
Name
Address Phone:
cident? n Yes n No
Page 12 of 13
Page 71 of 102
4f) Report No. HR 2010 -003, Tamara Obee, Manager Health Sa...
Outcome:
Other relevant information (to be completed, as appropriate):
Possible contributing factors:
Investigat
Name:
I Investigation co
Signature:
RESPECT IN THE WORKPLACE (Harassment Violence)
INVESTIGATION FORM
Is this a second or repeat incident involving the
Recommended Action:
Report Submitted to
Name:
Signature:
Comments /follow up action taken:
Position:
Position:
Please return signed ORIGINAL copy to Human Resources for filing
Submitted on Date (ddimmlyy):
Received on Date (ddimmiyy):
OMHS -5
Page 13 of 13
Page 72 of 102
Report No.
DS2010 -028
Meeting Date:
June 2,2010
Roll
BACKGROUND:
ANALYSIS:
5a) Report No. DS 2010 -028, Andria Leigh, Director of Developmen...
REPORT
It is recommended that:
DEVELOPMENT SERVICES
Report No. DS2010 -028
Subject:
Planning Fees and Charges
Proposed Amendment for
Deeming By -law Applications
Proud Heritage, Exciting Future
To: Prepared By:
Committee of the Whole Andria Leigh
Motion
R.M.S. File
RECOMMENDATION(S): Requires Action) X I For Information Only
1. THAT Report No. DS2010 -028 be received and adopted; and
2. THAT the recommendations contained in Report DS2010 -028 be incorporated by
the Clerk in the updated Fees and Charges By -law being brought forward for
Council's consideration.
Schedule "E" of the current Fees and Charges By -law provides an application fee for a
deeming by -law in the amount of 75.00 (Section 2.13). This application fee amount
was historically established to cover the costs associated with the registration of the
deeming by -law at the registry office; no portion of this application fee currently covers
the staff time involved in the processing of the application including the preparation of
the appropriate by -law and report for Council's consideration. This report is intended to
assess the appropriateness of the current application fee in regards to the staff time and
the increased registration costs.
Under the Planning Act, once a plan of subdivision is registered all lots within the
subdivision are separate and conveyable Tots regardless of ownership being held in the
same name. In order for a landowner to "merge" two adjacent Tots within a plan of
subdivision into one parcel they are required to "deem" the two parcels under the
Planning Act not to be lots within a registered plan of subdivision. The Planning Act
provides this "deeming" mechanism for all plans of subdivision that have been
registered for a minimum of 7 years. The application for a deeming by -law to deem the
specified lots not to be lots within a registered plan of subdivision is one of the
June 2, 2010
Page 1 of 3
Page 73 of 102
FINANCIAL:
5a) Report No. DS 2010 028, Andria Leigh, Director of Developmen...
mechanisms available to a landowner to merge parcels on title. The Township typically
receives a range of deeming by -law applications, from 1 -5, in any given year.
The staff review and processing involved in the deeming application generally includes:
the preparation of the necessary staff report and deeming by -law, discussion of the
report and by -law at Council, and the subsequent registration of the deeming by -law on
the title to the property. The Planning Act does not require a public meeting prior to the
consideration of a deeming by -law, and notification of the adoption of the by -law is only
provided to the landowner, and therefore there are no additional costs incurred for
meeting notification or mailing.
As stated above, the original 75.00 application fee was established in order to recover
the costs for the registration. In reviewing applications registered in 2008 and 2009, the
actual registration costs are approximately 200.00. As stated above, there is currently
no cost associated with the staff time required for the processing of the application.
Currently the Fees and Charges by -law establishes a fee of 75.00 for a Zoning
Certificate review by planning staff; given the additional staff time required for the
deeming report and by -law, it is recommended that the deeming by -law application fee
be established at 300.00 (to cover staff time and registration costs). On this basis the
following would be included in the Fees and Charges By -law proposed to be considered
by Council at their June 2, 2010 meeting as follows:
"2.13 Lots to be Deemed (on Plan of Subdivision)
(a) Application Fee 300.00*
Note: Should the applicant withdrawn their application, in writing, prior to
registration of the by -law, 200.00 will be refunded to the applicant.
The proposed application amendment will ensure that costs incurred on each deeming
by -law application related to the required registration on title are the responsibility of the
landowner.
POLICIES /LEGISLATION:
Planning Act R.S.O. 1990 c.P.13
CONSULTATIONS:
ATTACHMENTS:
None
DEVELOPMENT SERVICES
Report No. DS2010 -028
June 2, 2010
Page 2 of 3
Page 74 of 102
i
CONCLUSION:
The proposed amendment to the Fees and Charges By -law related to Deeming By -law
Applications Fees to establish an application fee of 300.00 to cover the staff review
and registration fees is considered appropriate. The amendment is proposed to be
incorporated into the Draft Fees and Charges By -law 2010 -093 being presented to
Council for discussion on June 2, 2010 and intended to be implemented for July 1,
2010.
Respectfully submitted:
5a) Report No. DS 2010 028, Andria Leigh, Director of Developmen...
Andria Leigh, MCIP, RPP
Director of Development Services
SMT ADoroval Comments:
DEVELOPMENT SERVICES
Report No. DS2010 -028
C.A.O. Aonroval Comments:
June 2, 2010
Page 3 of 3
Page 75 of 102
Brissette, Marie
To:
Subject:
Regards
Shawn Binns sent from blackberry wireless
7a) Shawn Binns, Director of Recreation and Community Services,
Irwin, Doug
RE: Solar Planning Grants for Oro Medonte
From: Binns, Shawn
To: Hough, Ralph; .Council; Dunn, Robin; Irwin, Doug
Sent: Wed May 19 20:08:42 2010
Subject: Re: Solar Planning Grants for Oro Medonte
I have since met with Mr Sellick to review possibilities. Currently we do not have any buildings which would be able to
withstand the addition load of the pv panels without significant structural reinforcement which by the time the engineering
requirements were paid for would not produce an ROI. The other factor which needs to be considered is maintenance
and roof repairs /retrofits /replacements which become significant. I have asked Mr. Sellick to put together options for land
based photo voltaic options which could be installed on municipal property. I did not see this revision in his proposal but
will ask him to follow up. I would suggest that this be added to the next COW agenda for discussion and direction as
council deems appropriate.
In the interim should have any specific questions please give me a call
Shawn Binns
Director Recreation Community Services
Township of Oro Medonte
From: Hough, Ralph
To: Binns, Shawn
Sent: Wed May 19 19:34:27 2010
Subject: FW: Solar Planning Grants for Oro Medonte
Ralph Hough
Deputy Mayor
Township of Oro Medonte
From: Hough, Ralph
Sent: Wednesday, May 19, 2010 7:33 PM
To: 'Phil Sellick'; shawn.binns @oro- medonte.ca; Terry Allison, Bright House Group'; Evans, Dwight; Hughes, Harry
Cc: Crawford, John
Subject: RE: Solar Planning Grants for Oro Medonte
Hi Shawn. Are you going to put this on a future Council agenda for discussion and direction?
Thanks
Ralph
From: Phil Sellick [mailto:psellick @greenstoneenergy.ca]
Sent: Wednesday, May 19, 2010 12:00 PM
Page 76 of 102
7a) Shawn Binns, Director of Recreation and Community Services,
To: shawn.binns @oro- medonte.ca; Terry Allison, Bright House Group'; Evans, Dwight; Hughes, Harry
Cc: Hough, Ralph; Crawford, John
Subject: FW: Solar Planning Grants for Oro Medonte
From: Phil Sellick mailto :psellick @greenstoneenergy.ca]
Subject: Solar Planning Grants for Oro Medonte
Hello Shawn Council Members
We met several months ago and discussed the possibility of the Township of Oro Medonte participating in solar
opportunities, either through rooftop leasing or through ownership of PV generation systems.
Greenstone Energy, Steenhof Building Services and Steeltree Structures have all been very busy in developing
renewable energy projects throughout the province and have collectively created 30 -40 jobs for our region. We have
been actively promoting Oro Medonte when dealing with our equipment suppliers who are looking to relocate in
Ontario.
We have completed a general assessment of the PV capacity of the Township owned buildings which is included as an
attachment. Due to the high cost of engineering and roofing analysis, we have not been able to proceed further with the
feasibility report. We would recommend applying for development grants through the Community Energy Program
(communityenergyprogram.ca). Oro Medonte, for example, can receive up to $200,000 to pay for the cost of
engineering analyses, roof analyses, system designs etc.
Greenstone and its partners can provide all these services for the Township of Oro Medonte while council is deciding
whether or not to lease the roofs or to own the systems.
I must emphasize that this program has finite funding and should be applied for soon to ensure successful funding. Also
it is also important to apply for the OPA's Feed in Tariff Program as soon as possible for several reasons. Firstly, it is
possible that the OPA will reduce the incentive rates in the near future and secondly, there is a limited amount of
system capacity at the local transmission stations.
If you would like to meet to discuss proceeding with these CEPP development grants for the Township of Oro Medonte,
please contact me at 797 -8488
Best Regards
Philip Sellick B.Sc. B.Ed.
705 797 -8488 office
705 797 -8489 fax
705 718 -6846 mobile
www,greenstoneenergy.ca
SO1 WeRum Rd, Umt3
Same ON L4NBTh
7..fiStOne
Ers j It
2
Page 77 of 102
Report No.
RC2010 -11
Meeting Date:
June 2, 2010
Roll
RECOMMENDATION(S): Requires Action For Information Onlyu
BACKGROUND:
ANALYSIS:
7c) Report No. RC2010 -11, Shawn Binns, Director of Recreation an...
REPORT
To:
Committee of the Whole
Subject:
Township of Severn Request
for Capital Contribution
Coldwater Arena
Proud Heritage, Exciting Future
Prepared By:
Shawn Binns
Motion
R.M.S. File
It is recommended that:
1. Report No. RC2010 -11 be received and adopted
2. That the request for the continuation of the annual capital contribution to the
Coldwater and District Community Centre be granted for 2010, as approved in the
2010 Recreation and Community Services operating budget
3. That the annual capital contribution be discontinued in the 2011 operating budget
4. That the Township of Severn be notified of Councils decision
On May 7, 2010 correspondence was received from the Township of Severn regarding
the discontinuation of the non resident fee structure for arena ice rentals and a request
that Council consider continuing the annual contribution to the Coldwater Community
Centre.
The request was forwarded to the Recreation Technical Support Group at its meeting of
May 13, 2010. A subsequent recommendation was made to discontinue the capital
contribution.
At the Council meeting of May 26 2010 Council received the correspondence and
requested that staff report back with additional information.
The Township has maintained an agreement with the Township of Severn relating to the
Coldwater and District Community Centre. The agreement required the Township of
Oro Medonte to make annual capital contributions based on a percentage of users from
the Municipality. In turn residents of Oro Medonte would have all of the same privileges
and rates to use the centre as residents of Severn Township. This agreement expired
December 31, 2009.
Recreation and Community Services
Report No. RC201 0-11 Page 1 of 3
Page 78 of 102
In 2010 a decision was made by the Township of Severn to discontinue the application
of non resident fees for rental of the Coldwater and District Community Centre and
apply consistent fees and charges for all users.
The City of Orillia has also discontinued its non resident user fees in 2009.
The agreement with Township of Severn was established primarily on the basis to
provide service with no additional fees for Oro Medonte residents who access service at
the Coldwater and District Community Centre. Approximately 30% of Coldwater Minor
Hockey and 20% of total users are Oro Medonte residents. An equal amount of the
facility users are from the Township of Tay, who do not provide capital funding for the
facility.
The discontinuation of non resident user fees by the Township of Severn would not
have any impact to users from Oro Medonte as fees and charges will be consistent for
all users and current ice allocation policies will remain unchanged.
It is recommended that the request for an annual contribution to the Coldwater and
District Community Centre be granted for 2010 and discontinued for 2011 for the
following reasons:
Funding has been allocated in the 2010 Recreation and Community Services
operating budget for a capital contribution to the Coldwater and District
Community Centre, and the continuation for 2010 would enable the Township of
Severn to achieve required capital improvements within their 2010 Budget.
The Township has not historically funded capital requirements for recreational
facilities in Barrie, Orillia, Midland and Springwater Township which are utilized
by Oro Medonte residents.
Township of Severn residents access recreation facilities and programs offered
by the Township of Oro Medonte.
There are no service impacts to Oro Medonte residents.
Should there be a change in service levels to Oro Medonte residents it is recommended
that the agreement with the Township of Severn be reviewed.
FINANCIAL:
A maximum of $8,000 allocation in the 2010 Recreation and Community Services
Budget
A reduction of $8,000 in the 2011 Recreation and Community Services Budget
CONSULTATIONS
7c) Report No. RC2010 11, Shawn Binns, Director of Recreation an...
Recreation Technical Support Group
Clayton Cameron, Director Public Works Township of Severn
POLICIES /LEGISLATION:
Strategic Facility Plan
Recreation and Community Services
Report No. RC2010 -11 Page 2 of 3
Page 79 of 102
CONCLUSION:
7c) Report No. RC2010 11, Shawn Binns, Director of Recreation an...
After review of the request from the Township of Severn it is recommended that
request for continuation of the capital contribution to the Coldwater and District
Community Centre be granted for 2010, as approved in the 2010 Recreation and
Community Services operating budget and discontinued in 2011.
Shawn Binns
Director, Recreation and Community Services
SMT Aooroval Comments: C.A.O. Aooroval Comments:
Recreation and Community Services
Report No. RC2010 -11 Page 3 of 3
Page 80 of 102
1
7d) Motion No. RTSG100513 -6, re: Correspondence dated May 7, 201...
Recreation Technical Support Group Minutes Thursday, May 13, 2010
d) Correspondence dated May 7, 2010, Sharon R. Goerke, Deputy Clerk, Township of
Severn, re: Coldwater and District Community Centre.
Motion No. RTSG100513 -6
Moved by Murray, Seconded by Duncan
It is recommended:
1. That the correspondence dated May 7, 2010 from Sharon R. Goerke, Deputy Clerk,
Township of Severn, re: Coldwater and District Community Centre be received.
2. And That the Recreation Technical Support Group does not support the continuation
of a Capital Improvement Agreement between the Township of Severn and the
Township of Oro Medonte.
Carried.
e) Memorandum dated May 2010, Doug Irwin, D -ctor of Corporate Se ces /Clerk, re:
2010 Fall Meetings an pdated Procedural B. -law.
Motion No. RTSG100 3 -7
Moved by Regelin Seconded by Dunca
It is recomme
of Corporat
received.
Moved by Ski
ed that the Memoran
ervices /Clerk, re; 20
Motion No. RTSG 0513 -8
er- Meyer, Seconded
m dated May 7, 2010 rom Doug Irwin, Dire •r
Fall Meetings and U. ated Procedural By -I. be
Councillors John Cra ord and Sandy Agne re: Review of Recre. on Technical
Support Group 200 -2010 Accomplishme
Regelink
It is reco ended that the infor :tion presented by Co cillors Crawford and gnew,
re: Revi- of Recreation Tech cal Support Group 20P. -2010 Accomplishm- is be
receiv -d.
Carried.
Carried.
Page 3 of 4
Page 81 of 102
/mph
7d) Motion No. RTSG100513 -6, re: Correspondence dated May 7, 201...
T011 \S}11Y D PSGIERi
May 7, 2010
Township of Oro Medonte
148 Line 7 South
ORO, Ontario
LOL 2X0
Attention: Doug Irwin
Dear Mr. Irwin:
RE: Coldwater and District Community Centre
Yours truly,
Sharon R. Go rkeO
Deputy Clerk
cc
TOWNSHIP OF SEVERN
IRE CORPORATION OF 1141. TOWNSHIP OF SEVERN
P.O. Box 159, Orillia, Ontario, L3V 6J3
Municipal Office: 1024 Hurlwood Lane
Telephone: (705) 325 -2315 Fax: (705) 327 -5818
Email: severn @encode.com Web Site: townshipofsevern.com
RECszr
MAY 10 2010
ORO- IUEDONTEL'
TOWNSHIp
During discussions, members of Council have reviewed the fee structure for the
Coldwater and District Community Centre and removed the requirements for user
fees. for all groups using the facilities.
As your residents continue to use this facility on an annual basis, the Township is
requesting your consideration of continuing the Capital Improvement Agreement
with your municipality to assist in capital improvements to the facility.
It would be appreciated if you would present this correspondence to your
Council. Your comments in this regard would be appreciated.
Page 82 of 102
7d) Motion No. RTSG100513 -6, re: Correspondence dated May 7, 201...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2007-142
Being a By-law to Authorize the Execution of a
Joint Municipal Agreement between
the Township of Oro- Medonte and the Township of Severn
(Coldwater District Community Centre)
and to Repeal By -Law No. 2006 -025
WHEREAS, Section 20 of the Municipal Act 2001, S.O. 2001, c.25, as amended,
authorizes the Council of a municipality to enter into an agreement with one or more
municipalities to jointly provide, for their joint benefit, any matter which they have the
power to provide within their own boundaries;
AND WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended,
states that it Is the role of Council to ensure that administrative policies, practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS, Council of the Township of Oro Medonte deems it desirable to enter
Into an agreement with the Corporation of the Township of Severn to contribute for
capital improvements to the Coldwater District Community Centre to provide for the
use of the facility by the residents of Oro Medonte;
NOW THEREFORE, the Council of The Corporation of the Township of Oro Medonte
enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute the Joint Municipal
Agreement between The Corporation of the Township of Oro Medonte and The
Corporation of the Township of Severn with respect to capital contributions to
the Coldwater District Community Centre, said agreement attached hereto as
Schedule 'A' and forming part of this by -law.
2. That the Joint Municipal Agreement attached hereto as Schedule "A" and
forming part of this By -law shall expire on December 31, 2009.
3. That By -law No. 2006 -025 is hereby repealed.
4. And Further That this By -Law shall come into force and take effect on the final
passing thereof.
BY -LAW READ A FIRST AND SECOND TIME THIS 19 DAY OF DECEMBER, 2007.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19 DAY OF
DECEMBER, 2007.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Page 83 of 102
7d) Motion No. RTSG100513 -6, re: Correspondence dated May 7, 201...
Schedule "A" to By -Law No. 2007 -142
JOINT MUNICIPAL AGREEMENT
BETWEEN
The Corporation of the Township of Severn
("Severn
AND
The Corporation of the Township of Oro Medonte
("Oro- Medonte
WHEREAS the Corporation of the Township of Severn is the owner of the
Coldwater District Community Centre ("Centre
AND WHEREAS the parties hereto are desirous of entering into an Agreement to
provide for the Corporation of the Township of Oro Medonte to submit an annual
contribution to the Corporation of the Township of Severn for capital improvements to
the Coldwater District Community Centre and provide for the residents of Oro
Medonte to use the facility on the same terms as the residents of Severn;
AND WHEREAS it is deemed expedient to provide for the appointment of a
representative of Oro- Medonte to participate on a Subcommittee of the Township of
Severn Recreation Facilities Advisory Committee to recommend capital
improvements of the Centre to Severn Township Council;
NOW IN CONSIDERATION of the covenants and conditions and subject to the terms
and conditions of this Agreement, the parties agree as follows:
1. (a) That Oro Medonte shall submit a contribution towards anticipated
capital improvements to the Centre on or before July 31 of the current
year, in accordance with the following calculation:
Total of Oro Medonte annual users expressed as a percentage of
total users of the facility from the previous year X annual capital
needs
(b) The Township of Severn shall provide the Township of Oro Medonte
written notice of the current year's capital contribution determined in
Section 1.(a).
Page 84 of 102
7d) Motion No. RTSG100513 -6, re: Correspondence dated May 7, 201...
(c) In the event that the amount determined to be the Township of Oro
Medonte's annual contribution exceeds $10,000.00, the Township of Oro
Medonte may terminate this agreement by providing written notice to the
Township of Severn within 20 days of written notification from the
Township of Severn of the current year's expected capital contribution.
2. That Severn shall annually contribute from tax revenues as required to meet the
annual capital improvements required.
3. That the residents of Oro Medonte, in consideration of this Agreement,
shall have all the same rights and privileges to use the Centre as the residents of
Severn.
4. That a representative of Oro Medonte shall be contacted by Township
Administration Staff for comments when consideration is being given to the
capital improvements for the Centre.
5. That the representatives of Oro Medonte and the Township of Severn shall, as
required, report to their respective Councils on the capital improvements for the
Centre.
6. The respective Councils of Severn and Oro Medonte shall enact a By -law
authorizing the execution and adopting the provisions of this Agreement.
7. The execution of a By -law by either municipality shall not be construed as the
conveyance of any share of the assets or liabilities of the Corporation of the
Township of Severn.
8. This Agreement shall enure to the benefit of and be binding upon the
parties and their successors and assigns for a period of two (2) years from the
date of execution ending the 31 day of December, 2009. This Agreement shall
be reviewed prior to its expiration and may be renewed upon the written
agreement of both parties.
IN WITNESS HERETO the parties have affixed their Corporate Seals under the hands
of their authorized signing officers.
This 3rd day of Jcin Ua r j 200$
CORPORATION OF THE TOWNSHIP OF SEVERN
MAYOR
CLER A
RER
Page 85 of 102
This 19th day of
7d) Motion No. RTSG100513 -6, re: Correspondence dated May 7, 201...
December ,2007.
CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
MAYOR
CLEy LJ
w
Hughes
ouglas Irwin
s
Page 86 of 102
aa
May 1,2010
Oro Medonte Administration Office
148 Line 7 South, Box 100
Oro, Ontario LOL 1X01
Attention: Mayor Harry Hughes
Dear Mr j htgh ees:
Please accept this letter as an invitation to bring greetings to our combined Business and
Professional Women's Clubs Annual Provincial Conference and Bi- Annual National
Convention.
These events will be held at Horseshoe Valley Resort from June 17 through June 20. On
Friday, June 18 at 7 p.m. we will have our Opening ceremonies for both Provincial
Conference and National Convention. It would be our honour to have you bring greetings on
behalf of Oro Medonte. If you wish, you are welcome to join us about 6:30 p.m., for a "meet
and greet" prior to the official Opening ceremonies. We are hosting a BBQ in the event tent
at Horseshoe and also invite you to stay on with us for dinner at 7:30 p.m.
BPW Ontario and BPW Canada are part of BPW International. BPWI has Category 1
Consultative Status at the United Nations. I am enclosing an information brochure for your
perusal and more information on our organization.
Please feel free to contact BPW Barrie President Barbara Wetmore at 721 -1462 if you have
any questions or at akmortgagemill1@on.aibn.com. We will be in contact with you the first
week of June to confirm final arrangements.
Sincerely
Nom' /PLC �C
Vi Peacock
BPW Barrie
Chair, Publicity and Public Relations
9a) Mayor H.S. Hughes, re: Correspondence dated May 1, 2010, Vi
A MEMBER OF THE BUSINESS AND PROFESSIONAL WOMEN'S CLUB OF ONTARIO
Making a difference A club for all working women
R a O r ¢Rctr
RSVP 5e±
e ve
BPW Canada
REC
MAY 1 0 2010
ORO- MEDClfr, W:
Page 87 of 102
9a) Mayor H.S. Hughes, re: Correspondence dated May 1, 2010, Vi
Th 5 is a. r:va-Esl
P Y o-wived d' r,r yr 441a4- s Poroe d +-0
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7) prexKP[4, +0 dt ;U i+ its e o J ere- p a rie Twe Its. .a.,Ld1✓wdG 1)
The t o la.n 4 %1 is proposed +v b e clove o n- fo j o f H
Vo d +5 of ex. i$f�%5 ce5
How to save a oidure
02. 9e
Flo C .J
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k,
Page 88 of 102
9a) Mayor H.S. Hughes, re: Correspondence dated May 1, 2010, Vi
Mew to cave a nirh.ro
This is -j- i,e Wood lo-1- -1-1-Le wa +er fror', the
Mows tkro h
4460 0-A i rt a g e leftcz
Page 89 of 102
Brissette, Marie
To:
Subject:
Subject: Police Coverage
Gang Councilor Mel:
Rick
Original Message
From TOM and PAT CAIRNS.
Sent: Monday, May 24, 2010 10:06 AM
Subject: FYI
9b) Councillor Coutanche, re: Police Presence in Horseshoe Valle...
Irwin, Doug
RE: Police Coverage Rick D input May 24 -10
On a more serious note...when are we as a group representing the people who live here and the Council
of Oro Medonte going to hold the so called policing up here accountable for more patrols in the
area? the coverage up here for the amount that is paid for the service is absolutely disgraceful...they
should spend less time giving out tickets for speeding on the 400 and more time patrolling the residential
areas that their white elephant police station is situated in...the police priorities up here need some major
adjusting and the people who pay for it and their representatives (us) should be adjusting it for them...we
are the customer and the boss last time I checked....I can tell you that coming from a house with over 60
years of police experience that this is just not acceptable from the local police and something needs to be
done....thoughts
On Saturday, May 22 a house on Highland Drive, may have been 111 Highland, was robbed. The family was away and a
neighbour saw activity and was suspicious. He called 911. The burglars unfortunately got away. Remember to keep
doors and windows locked. And also to keep an eye on neighbours' homes. We would like to think that robberies don't
happen here but that is not the case. Keep safe.
Pat
1
Page 90 of 102
Brissette, Marie
Subject: RE: LSRCA email re Barrie Terrace Planting PLan
From: Brian Kemp
Sent: Thursday, May 27, 2010 3:22 PM
To: Sandy Agnew
Cc: Gayle Wood; Phil Davies
Subject: RE: Barrie Terrace ditch
Hi Sandy;
9c) Councillor Agnew, re: Barrie Terrace Ditch Re- Vegetation.
As we discussed last night I am forwarding this in response to your request for details regarding the benefits of riparian
planting along the Barrie Terrace ditch.
Riparian planting, including the use of native trees and shrubs, provide water quality benefits by filtering out the
sediments and nutrients that are carried off roads during rainfall and snowmelt events. Through this process, those
chemicals and phosphorus are trapped, and do not make their way into the watercourses and Lake Simcoe.
Additionally, riparian buffer planting contributes wildlife habitat benefits, providing food and nesting opportunities for a
range of bird and mammal species.
As you are aware, LSRCA has been working through our stewardship program with public and private landowners to
implement projects that provide benefits to the Lake Simcoe watershed. The project that you have proposed for the
Barrie Terrace ditch meets the objectives of the best management practices that we promote, and would be a great
demonstration opportunity for local residents and the municipality.
Additionally, the objectives of the Lake Simcoe Act and Plan include water quality improvements through addressing
stormwater management. As this project will directly impact on the stormwater flowing off Barrie Terrace, it meets
those objectives.
We would be pleased to provide additional input into the design and implementation of this project, should you require
it.
Brian R. Kemp
General Manager Conservation Lands
Lake Simcoe Region Conservation Authority
120 Bayview Parkway, Newmarket, ON L3Y 4X1
Tel: (905) 895 -1281 ext. 289
Cell: (905) 955 -3711
Fax: (905) 853 -5881
E -Mail: b.kema@lsrca.on.ca
1
Page 91 of 102
Trees
Sugar Maple
White Pine
White Cedar
9c) Councillor Agnew, re: Barrie Terrace Ditch Re- Vegetation.
Barrie Terrace Planting Proposal, May 27, 2010
Berrie :Terrace Ditch
Shrubs
Staghorn Sumac
Red Osier Dogwood
Elderberry
Nannyberry
Approximately 40 potted trees /shrubs $20 $800
Unplanted area will be seeded or sodded by Township.
Benefits
Reduced nutrient load to Lake Simcoe
Wildlife habitat
Improved landscaping aesthetics
Page 92 of 102
Committee of the Whole Minutes December 16, 2009.
Motion No.CW091216.14
Moved Crawford, Seconded by Eva
It i ecommended
1. That an OMEGA Workin roue be established for Zer. aste.
2. And That the followin embers be appointed:
it Josephine Martens n- Hemsted
Ruth Fountain
9c) Councillor Agnew, re: Barrie Terrace Ditch Re- Vegetation.
Carried.
Motion No. CW091216.15
Moved by Crawford, Seconded by Evans
It is recommended that the motion with respect to the re- vegetation of ditch on
Barrie Terrace be deferred until communications have been corrected.
Carried.
A recorded vote was requested by Councillor Agnew.
Nay Councillor Agnew
Nay Councillor Allison
Nay Councillor Coutanche
Yea Councillor Crawford
Yea Councillor Evans
Yea Deputy Mayor Hough
Yea Mayor Hughes
Motion No. CW091216-16
Moved by Agnew, Seconded by Allison
It is recommended that the re- vegetation of ditch on Barrie Terrace be funded,
up to $1000.00, as an Environmental Initiative.
uncillor Crawford declar
OMEGA meeting held o
OMEGA091119 -08, re
Huronia Woodland
committee of Map
not participate i
a conflict of interest on
ovember 19, 2009, with
arding the Application for
ners Association, as he
Trees Forever. Councill
ny discussion or vote o
Deferred.
I 9d) Minutes of
spect to Motion No.
rant/Subsidy submitted
a member and sits on a b-
Crawford left the table a did
is item.
Page 7 of 19
Page 93 of 102
4. Business arising from the minutes
5. Approval of the accounts
10a) Midland Public Library, minutes of meeting held on April 8,
MIDLAND PUBLIC LIBRARY BOARD MEETING
DATE: April 8, 2010 LOCATION: Midland Public Library Boardroom
PRESENT: A. Campbell, V. Barycky, G.A. Walker, V. Nihill, P. File, B. Desroches, C. Moore
REGRETS: J. Swick, R. Hackney, J. LeFebvre GUEST:
STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO
1. Call to Order
G.A. Walker called the meeting to order at 7:00 p.m.
2. Approval of the agenda
Moved by: V. Barycky
Seconded by: P. File
That the agenda be approved as circulated.
3. Approval of the minutes of the previous meeting
Moved by: V. Nihill
Seconded by: C. Moore
That the minutes of the Board meeting held on March 11, 2010
be approved.
4.1 Laurin /Green
B. Molesworth reported that all correspondence has been
passed along to Monteith. We haven't heard anything from them,
as yet.
Moved by A. Campbell
Seconded by: P. File
That the accounts for the month of March 2010 totalling $512,848.79
be approved.
MAY 2 1 2010
O ffo_MEDONI..E
TOWNSHIP
Page 1 of
ITEM ISSUE ACTION
CARRIED
CARRIED
CARRIED
Page 94 of 102
6. Reports of Board Committees
10a) Midland Public Library, minutes of meeting held on April 8,
MIDLAND PUBLIC LIBRARY BOARD MEETING
DATE: April 8, 2010 LOCATION: Midland Public Library Boardroom
ITEM ISSUE ACTION
6.1 Finance Committee
A. Campbell distributed the Library's financial statement for the
three months ending March 31, 2010. He noted that we are not
far off 25% spent, which is where we should be.
A question was asked about the Library Furnishings line in the
Capital budget. It appears to be overspent. B. Molesworth
explained that there was money in last year's budget that was
not spent. Town Treasurer, S. Gignac is aware of this. So, we
are not overspent if you take this into account.
The Finance Committee report was adopted.
6.2 Fundraising Committee Direct Mail /Freda's Tenure
B. Molesworth began his report by informing the Board that he
had spoken with F. Kemp about the Board's feeling that perhaps
her time with us should be brought to an end. She understands
the Board's concerns.
B. Molesworth asked the Board about the proposed direct mail
campaign and the possibility of F. Kemp staying on to see that
through. He went on to say that it would be too much work for the
Staff to take on. We have had some success in the past with
direct mail fundraising and B. Molesworth suggested that he
thought we should try it.
There were several questions about what was involved in
launching this type of campaign and the related cost. After
B. Molesworth outlined how the process would work and the
approximate cost for postage, there was a thorough discussion
about who else might see the process through.
A. Campbell stated that he thought we should move forward with
the direct mail campaign and tabled a motion seconded by
C. Moore. The wording was not formalized and there was more
discussion about who was going to take on the task. P. File and
V. Barycky suggested that the Library Staff prepare the mailing
list and that they would then volunteer their time.
Page 2 of 4
Page 95 of 102
7. New business
10a) Midland Public Library, minutes of meeting held on April 8,
MIDLAND PUBLIC LIBRARY BOARD MEETING
DATE: April 8, 2010 LOCATION: Midland Public Library Boardroom
6. Reports of Board Committees continued
B. Molesworth expressed some concern that there may not be
enough time to see the process through given the time
limitations. A. Campbell and C. Moore agreed to withdraw their
motion. Given the discussion, B. Molesworth will speak with
F. Kemp and let her know the Board's decision.
6.3 Building Committee Progress /Schedule
B. Molesworth reported that progress is still good. The
construction company is digging up the basement floor in the old
building to install the new washrooms. The sprinkler system is
next. It looks like we will close again around the long weekend in
May while Staff work on installing the new RFID security system.
3M thinks the 60,000 items in the collection can be processed in
about 3 weeks. We would re -open around the middle of June.
6.4 Report from the Friends of the Midland Public Library
R. Yeatman and the group of volunteers that have been staffing
a table at the Mountainview Mall report that there hasn't been
enough traffic to make it worthwhile. They will be moving to the
North Simcoe Sports and Recreation Centre.
7.1 Grand Opening
A draft agenda for the Grand Opening, prepared by G.A. Walker,
was distributed. B. Molesworth stated that he had spoken with
CAO, T. Walker about the timing of the event. T. Walker
suggested that it should be held no later than a month after we
re -open, which would mean holding it in mid -July. The Board felt
that it would be best to avoid weekends in the summer, as many
people are away. It was therefore agreed that it would be held
mid -week and that the time of day be early evening, around 5:00
p.m. B. Molesworth will check with Mayor Downer to see if he is
free July 13, 14 or 15.
Page 96 of 102
Page 3 of 4
ITEM ISSUE ACTION
7. New business continued
8. Information
10a) Midland Public Library, minutes of meeting held on April 8,
Chairman of the Board
MIDLAND PUBLIC LIBRARY BOARD MEETING
DATE: April 8, 2010 LOCATION: Midland Public Library Boardroom
ITEM ISSUE ACTION
Choosing an MC for the ceremony was then discussed. Several
names were mentioned. B. Molesworth will contact those
mentioned. It was agreed that the guest speakers' list would be
kept short. The Mayor, MPP G. Dunlop and perhaps a
representative of the Ministry will be approached. G.A Walker,
Board Chairman and Chief Librarian, B. Molesworth will round
out the list.
It was agreed that a written programme, listing donors, would be
prepared for the event.
The ribbon cutting will take place in the atrium between the old
and the new buildings leading into the Children's Department
where refreshments will be served following the formal part of the
ceremony.
8.1 Chief Librarian's Report
Adopted.
9. Adjournment
Moved by: V. Barycky
That the meeting be adjourned at 8:10 p.m.
Chief Librarian
Page 4 of 4
Page 97 of 102
10b) Oro Medonte History Association, minutes of meeting held on
April 26, 2010
Oro Medonte History Association Minutes
Attendance: Geoffrey Booth, chair; Sheila Kirkland, secretary; Jadeen Henderson; Allan
Howard; Sandy Agnew, councilor
Regrets: Bruce Wiggins, vice -chair
Moved by Jadeen and seconded by Geoff that we accept the March 31 minutes as
circulated. Passed
Old Business
1. Carly Hall: Sandy suggested that Kelly Skinner -Meyer be contacted regarding the
history of the Hall and that we get copies of the Hall Board minutes to start
networking with them. Justin was to report back on the History and permits and
we suggest he also notifies Carly Hall Board of our wish to designate the site
under the Ontario Heritage Act.
2. Funding: Justin has not returned to the Association to give us an update. We do
value his input.
3. Heritage Day: Deferred.
New Business
1. Jadeen brought Gary French's new book "Axe Making in Ontario in the
Settlement Period" and she suggest we contact Gary about buying the books at
cost to sell at the Township. Discussion ensued and we all think this is a great
idea. Jadeen will ask him about etting 8 books initially.
2. Log Cabin on the property at 11 Conc. and Bass lake Side road:
Allan will check with the homeowner regarding donating the log home and Geoff
will check with Orillia on how to dismantle and move it along with what they did
and how much it cost.
OMHA needs to know if Council will support us pursuing this log cabin. Shawn
Binns to report back to us please.
Correspondence
1.Geoff brought a book "I've Got a Home in Glory Land, A Lost Tale of the
Underground Railroad" by Karolyn Frost. She is going to be the guest speaker at
the Simcoe County History Association meeting April 29 at Barrie City Hall.
2.Email from Shawn Binns re Cahiague sign —this was a Provincial sign and we
suggest that the gentleman who originally sent the email be directed to Garfield
Dunlop —Geoff will respond to Shawn.
3.Poster for the Muskoka Air Show July 17 18 circulated. It is celebrating the 70`
Anniversary of the Battle of Britain and the Battle of Norway. Tickets available
on line and at the gate.
Bruce Wiggins joined us at the end of our meeting and was given a brief update.
Next meetine is Mav 17.2010 at 6nm at the Northwav Restaurant.
Adjourned at 7:15 pm.
Page 98 of 102
1Oc) Correspondence received May 25, 2010, Jennifer Dale, Program...
Ministry of Agriculture,
Food and Rural Affairs
4 NW Floor
1 Stone Road West
Guelph, Ontario N1G 4Y2
Tel: 1 -888- 588 -4111
Fax: 519- 826 -3398
Ministere de ('Agriculture,
de ('Alimentation et
des Affaires rurales
4 NW stage
1 Stone Road West
Guelph (Ontario) N1G 4Y2
Tel.: 1- 888 -588 -4111
Telec.: 519- 826 -3398
The Corporation of the Township of Oro Medonte
Tamara Obee
148 Line 7 South Box 100
Oro, Ontario LOL 2X0
Dear Tamara Obee:
r�
Ontario
File 347 R E C
MAY 2 S 2010
ORO MEDONTE
TOWNSHIP_
Subject: 2010 Rural Summer Jobs Program Approval Notification
Thank you for applying to the 2010 Rural Summer Jobs Program. We are pleased to inform you that
your application has been approved. You are eligible to receive a hiring incentive of $2.00/hr to a
maximum of 560 hrs /position for 8 student position(s), subject to your continuing compliance with all
program eligibility requirements.
The Student Eligibility Checklist:
Please be reminded that under the program, you and the students are required to meet the following
eligibility criteria:
14 -30 years of age
Planning to return to school in fall 2010
Being paid at least the applicable minimum wage ($10.25/hr general rate or $9.60/hr if under 18
years of age)
Not an immediate relation to the employer (including but not limited to son, daughter, spouse,
brother, sister)
Eligible costs for reimbursement can run between April 1 and September 30, 2010
Maximum eligible reimbursement hours are 560hrs /approved position
We are attempting to streamline the administrative process /paperwork this year, and to that end, you can
now submit one claim form for all your approved positions (use a second sheet if necessary). We are also
suggesting that you submit the Student Eligibility Checklist for ALL students regardless of how many
are currently approved. If additional funding becomes available we may be able to add additional
students based on your application.
This form will need to be completed by EACH student. A Student Eligibility Checklist
will need to be completed for each student position you have received approval for. We
recommend completing and submitting this form for all positions applied for and not
currently approved asit will expedite the process should additional funding become
available
The Student Eligibility Checklist must be submitted to the Ministry of Agriculture, Food and
Rural Affairs by July 15, 2010.
Page 99 of 102
Important Dates:
April 1st, 2010:
July 15th, 2010:
September 30th, 2010:
October 15th, 2010:
Sincerely
Jennifer Dale
10c) Correspondence received May 25, 2010, Jennifer Dale, Program...
2
Enclosed are both the Student Eligibility Checklist and the 2010 Rural Summer Jobs Claim form. As
stated above, please ensure EACH student completes the Student Eligibility Checklist. These forms are
due back to the Ministry by July 15, 2010 and can either be mailed (see address below) or faxed to 519-
826 -3398.
Please put your Employer ID #347 on the claim form and ensure each student has signed this form
before leaving your employment. It is the responsibility of the employer to keep accurate records of
the hours the student worked, should they be required for audit purposes.
Employer RSJ Claim Forms should be submitted as soon as possible after you have maxed out your
awarded amount, and at the latest, must be submitted by October 15, 2010. We rely on timely claims
submissions to make sure all annual program funding available is fully allocated and subscribed.
Unclaimed funds after October 15, 2010 will be reallocated, so late claim submissions may /will be
disallowed. Please help us ensure the program is fully maximized.
Both of these forms are also available from our website www.ontario.ca/ruraI. Completed forms can be
faxed to 519- 826 -3398 or mailed to the attention of:
Rural Summer Jobs
OMAFRA
1 Stone Rd West, 4 Floor
Guelph, ON N1G 4Y2
Should you have any questions or require any further information about your application, please do not
hesitate to contact us at 1- 888 588 -4111 or via email at rsjs.omafra @ontario.ca.
Jennifer Dale
Program Coordinator
Rural Community Development Branch
Ministry of Agriculture, Food and Rural Affairs
First day of eligible subsidized employment for student positions
Deadline for submission of Student Eligibility Checklist
Last day for eligible subsidized employment for student positions
Deadline for submission of Employer Claim forms (claims may /will be
disallowed after this date due to reallocation of funding)
Page 100 of 102
Irwin, Doug
11a) Correspondence dated May 24, 2010, Paul, Slawomira and Konra...
From: Paul Weber
Sent: May 24, 2010 12:56 PM
To: Barb Mel Coutanche
Cc: Ball, Jerry; Dunn, Robin; Allison, Terry; Agnew, Sandy; Crawford, John; Hughes, Harry;
Evans, Dwight; Coutanche, Mel; Hough, Ralph; Irwin, Doug; Binns, Shawn; Kathy Reid
Subject: Re: Line 4 walking to PARK needs attention
Township of Oro Medonte
I'm delighted to see the "Lifestyles Park" being developed on the 4th Line at Horseshoe Valley Road. The demographics and
the traffic patterns have definitely changed in the area since the inception of the early resort years. It is with that premise of
change that I believe that it's imperative that we adjust to the times.
Horseshoe Valley Resort is in the mist of a large growth plan and basically all the residential lots off of Highland Drive have
been developed, add to that a changing lifestyles community. Traditionally you just saw a couple of people walking dogs on the
4th Line, now you see people jogging, riding bikes, roller blading, roller skiing and now with the development of the walking
trails, hockey rink, ball hockey, exercise park and all the planned future for the park, you see all kinds of new and exciting uses.
It's time to safely figure a way for people of all ages and modes to safely get to the development. Please take a short walk along
the 4th line from Highland Drive to the new park and you will see people of every age attempting to get from either point
safely. Please let's put a plan in place before we have a serious accident. In short we have a conflict the 4th Line is the major
route to Hwy 11, to residents of Highland Drive and for the resort and timeshare units and now we have a park with no safe
way to get the above mentioned groups too. A sidewalk on park development side from Highland Drive to Horseshoe
Valley Road is imperative. This will accommodate Highlanders and Cathedral Pines residents. Also it will be important to
figure out a way to get people safety to the sidewalk. I would recommend a stop sign on the 4th Line at Highland Drive, this
will solve the safety issue plus ensure that vehicular traffic is deterred from speeding in this area. I would also suggest a
flashing light or some type of traffic safety measure to let the residents of Cathedral Pines safely cross Horseshoe Valley
Road this "Lifestyles Park
I would appreciate a response to this letter e-mail and if need be I would gladly make a deputation to council with hopes of
speeding up a decision to resolve this very serious safety issue. Another thought in closing is, a bike/walking lane running the
entire length of Highland drive from 4th to the 3rd Line. Horseshoe Valley residents are getting younger and bringing with
them children of all ages, then you add the very growing need for senior residents to get exercise, a walking path would
seriously alleviate safety issues for the above mentioned groups.
ALL THE BEST... Paul, Slawomira Konrad Weber
Page 101 of 102
11b) Correspondence dated May 31, 2010, Thomas and Joseph Northup...
May 31, 2010
Mr. Doug Irwin
Clerk, Oro Medonte Township
Doug Irwin:
We, Thomas and Joseph Northup, owners of Lot 9 —18 Martinbrook Crescent
strongly object to removal of trees, shrubs or any wildlife habitant that may or not be in
the way of erecting a "cow fence on south side of said property, which has no connection
at either end; so therefore, serves no purpose. Show us a good reason, other than an
agreement between yourself and Buzz Veenstra; who in fact lead us, to believe there
were no more fences being erected at the time we purchased the said property.
In closing, the thinning out of any trees at the rear (south) of property will also have a
significant visual impact and devalue our property with this fence.
Respectfully,
Thomas and Joseph Northup
Lot 9 -18 Martinbrook Cres.
"Issue Fence Installation by developer Buzz Veenstra
13 CEIVEu
MAY 3 1 2010
MFpO
TOE ivsHft
Page 102 of 102