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04 13 2011 Council AgendaTHE TOWNSHIP OF ORO- MEDONTE Page 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Staffing Update). d) Mayor H.S. Hughes, re: Acquisition /disposition of land (Nurse Practitioner). e) Robin Dunn, CAO, re: Acquisition /disposition of land (Fire Suppression Storage). [Addenda] 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: 5 -18 a) Minutes of Council meeting held on April 6, 2011. 19 -22 b) Minutes of the Human Resources Committee meeting held on March 30, 2011. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: a) 7:00 p.m. Proposed Amendments to the Official Plan and Zoning By -Law, 2011- OPA -01 and 2011- ZBA -01, Concession 1, North Part Lot 10 (Oro), Township of Oro - Medonte, 2621 Gore Road (Napoleon /Wolf Steel). Page 1 of 147 COUNCIL MEETING AGENDA COUNCIL CHAMBERS T °�nsh�p° Wednesday, April 13, 2011 Proud Herita Exciting Future 6:00 p.m. - Closed Session 7:00 p.m. - Open Session Page 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Staffing Update). d) Mayor H.S. Hughes, re: Acquisition /disposition of land (Nurse Practitioner). e) Robin Dunn, CAO, re: Acquisition /disposition of land (Fire Suppression Storage). [Addenda] 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: 5 -18 a) Minutes of Council meeting held on April 6, 2011. 19 -22 b) Minutes of the Human Resources Committee meeting held on March 30, 2011. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: a) 7:00 p.m. Proposed Amendments to the Official Plan and Zoning By -Law, 2011- OPA -01 and 2011- ZBA -01, Concession 1, North Part Lot 10 (Oro), Township of Oro - Medonte, 2621 Gore Road (Napoleon /Wolf Steel). Page 1 of 147 Page Council Meeting Agenda - April 13, 2011 12. CONSENT AGENDA: 82 a) Announcements of Interest to the Public. 1. Carley Hall Pancake Breakfast, Carley Hall, April 30, 2011, 9:00 a.m. 83 -84 b) Correspondence dated April 1, 2011 from Wayne Wilson, CAO /Secretary- Treasurer, Nottawasaga Valley Conservation Authority re: NVCA 2011 Municipal Levy. Staff Recommendation: Receive. 85 -86 c) Correspondence dated March 22, 2011 from Janice McKinnon, Clerk, Township of Ramara re: Support for Rural Schools in Ontario. Staff Recommendation: Receive. 13. COMMUNICATIONS: 87 a) Correspondence dated March 31, 2011 from Wayne Wilson, CAO /Secretary- Treasurer, Nottawasaga Valley Conservation Authority, re: Confirmation of Local Source Protection Watershed Membership. 88 -89 b) Correspondence dated March 31, 2011 from Donna Austin, Assistant Manager of Community Use, Simcoe County District School Board re: SCDSB Partnership Recognition Evening - Invitation, Tuesday, May 10, 2011, 4:00 -6:30 p.m., SCDSB Education Centre, Midhurst. Page 2 of 147 9. DEPUTATIONS: 23 -45 a) 7:30 p.m. Mark Hamerton and Terry Evans, Central Ontario ATV Club, re: Proposal for Designated ATV Trail. 10. REPORTS OF MUNICIPAL OFFICERS: 46 -53 a) Report No. DS 2011 -04, Andria Leigh, Director of Development Services re: OMEGA — Review of Mandate, Terms of Reference and Committee Composition [deferred from March 2 meeting]. 54 -67 b) Report No. FD 2011 -04, Hugh Murray, Deputy Fire Chief, re: Rogers Wireless Inc. Agreement. 68 -71 c) Doug Irwin, Director of Corporate Services /Clerk re: Council Laptops [to be distributed at meeting]. 72 -74 d) Report No. TES 2011 -04, Jerry Ball, Director of Transportation and Environmental Services re: 2011 Vehicle Purchases [to be distributed at meeting]. 11. REPORTS OF MEMBERS OF COUNCIL: 75 -80 a) Mayor H.S. Hughes, correspondence dated March 30, 2011 from Town of Ingersoll re: Ontario Bill 22, An Act to Amend the Children's Law Reform Act. 81 b) Councillor Coutanche, re: Request for Letter of Support, HVPOA Spring Fling Fundraiser, May 14, 2011. 12. CONSENT AGENDA: 82 a) Announcements of Interest to the Public. 1. Carley Hall Pancake Breakfast, Carley Hall, April 30, 2011, 9:00 a.m. 83 -84 b) Correspondence dated April 1, 2011 from Wayne Wilson, CAO /Secretary- Treasurer, Nottawasaga Valley Conservation Authority re: NVCA 2011 Municipal Levy. Staff Recommendation: Receive. 85 -86 c) Correspondence dated March 22, 2011 from Janice McKinnon, Clerk, Township of Ramara re: Support for Rural Schools in Ontario. Staff Recommendation: Receive. 13. COMMUNICATIONS: 87 a) Correspondence dated March 31, 2011 from Wayne Wilson, CAO /Secretary- Treasurer, Nottawasaga Valley Conservation Authority, re: Confirmation of Local Source Protection Watershed Membership. 88 -89 b) Correspondence dated March 31, 2011 from Donna Austin, Assistant Manager of Community Use, Simcoe County District School Board re: SCDSB Partnership Recognition Evening - Invitation, Tuesday, May 10, 2011, 4:00 -6:30 p.m., SCDSB Education Centre, Midhurst. Page 2 of 147 Page Council Meeting Agenda - April 13, 2011 13. COMMUNICATIONS: 90 c) Correspondence dated April 4, 2011 from Barbara Stewart re: Planned Paving for Line 7 North, from Moonstone Road North to Dead End. 91 -95 d) Correspondence dated March 31, 2011 from Ken Tran, re: Request to Purchase Original Road Allowance, Parts 3 and 5, Plan 51 R- 10064. A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and K.J. Beamish Construction Co. Limited for Hot Mix Paving for the North and South Yards (Tender TES2011 -01). A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Duncor Enterprises Inc. for Slurry Seal (Tender TES2011 -02). A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Da -Lee Dust Control for "Dark Journal" Virgin Oil (Tender TES2011 -03). A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Dalton R. Lowe and Sons Construction Ltd. for Supply, Haul, Mix and Pile Winter Sand (Tender TES2011 -04). A By -law to Amend By -law No. 2010 -078, Being a By -law to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers and To Repeal By -law No. 2008 -126, Being a By -law to Appoint a Chief Municipal Law Enforcement Officer. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 147 a) By -Law No. 2011 -053 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, April 13, 2011. Page 3 of 147 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: 96 -111 a) By -Law No. 2011 -054 112 -126 b) By -Law No. 2011 -055 127 -137 c) By -Law No. 2011 -056 138 -145 d) By -Law No. 2011 -057 146 e) By -Law No. 2011 -058 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and K.J. Beamish Construction Co. Limited for Hot Mix Paving for the North and South Yards (Tender TES2011 -01). A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Duncor Enterprises Inc. for Slurry Seal (Tender TES2011 -02). A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Da -Lee Dust Control for "Dark Journal" Virgin Oil (Tender TES2011 -03). A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Dalton R. Lowe and Sons Construction Ltd. for Supply, Haul, Mix and Pile Winter Sand (Tender TES2011 -04). A By -law to Amend By -law No. 2010 -078, Being a By -law to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers and To Repeal By -law No. 2008 -126, Being a By -law to Appoint a Chief Municipal Law Enforcement Officer. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 147 a) By -Law No. 2011 -053 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, April 13, 2011. Page 3 of 147 Page Council Meeting Agenda - April 13, 2011 19. ADJOURNMENT: a) Motion to Adjourn. Page 4 of 147 6a) - Minutes of Council meeting held on A... _ THE TOWNSHIP OF ORO- MEDONTE 0 REGULAR COUNCIL MEETING MINUTES A;� Council Chambers Wednesday, April 6, 2011 2010 - 2014 COUNCI Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Kelly Meyer Councillor Marty Lana.r Councillor John Crawfor' Councillor Dwight Evans TIME: 9:01 a.m. Staff Present: Paul Gravelle ' -tor of Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corgi.. rai- Services /Clerk; Andria Leigh, Director of Development Se ces; Donna Hewitt, Director of Corporate Strategic Initiatives; Shawn . nns, Director of Recreation and Community Services; Jerry Ball, Director of Transportation and Environmental Services; Snmah Othrnan, Executive Assistant /Corporate Communications Specialist; Darcy Brooke- Bisschop, Administrative Assistant. Also Present. Susan Woods, Sandy Richmond, Geraldine Abraham, Melanie Moore, Don Summerfield, Brian English. 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C110406 -1 Moved by Meyer, Seconded by Coutanche Be it resolved that the agenda for the Council meeting of Wednesday, April 6, 2011 be received and adopted as amended to add: 11a) Mayor H.S. Hughes, re: Rezoning Matter. Carried. Page 1 of 14 Page 5 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C110406 -2 Moved by Meyer, Seconded by Coutanche Be it resolved that we do now go in Closed Session at 9:03 a.m. to discuss • acquisition /disposition of land. Carried. b) Motion to Rise and Report. Motion No. C110406 -3 Moved by Evans, Seconded by Crawford Be it resolved that we do now Rise at 9:54 a.m. and recess until 10:00 a.m. at which time we shall Report on the Closed Session Item 4c) Andria Leigh, Director of Development Services, re: Acquisition /disposition of land (Guthrie Lands). Carried. c) Andria Leigh, Director of Development Services, re: Acquisition /disposition of land (Guthrie Lands). The following staff were present: Paul Gravelle, Director of Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services; Shawn Binns, Director of Recreation and Community Services. Motion No. C110406 -4 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the confidential Memorandum dated April 6, 2011 and presented by Andria Leigh, Director of Development Services and Shawn Binns, Director of Recreation and Community Services, re: Acquisition /disposition of land (Guthrie Lands) be received. 2. And That staff meet with the applicant to present the proposal outlined by Council and report back accordingly. Carried. Page 2 of 14 Page 6 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of the Council meeting held on March 23, 2011. Motion No. C110406 -5 Moved by Crawford, Seconded by Evans Be it resolved that the draft minutes of the Council meeting held on Wednesday, March 23, 2011, be adopted as printed and circulated. Carried. b) Minutes of the Special Council meeting held on March 30, 2011. Motion No. C110406 -6 Moved by Meyer, Seconded by Coutanche Be it resolved that the draft minutes of the Special Council meeting held on March 30, 2011 be adopted as printed and circulated. Carried. c) Minutes of the Citizen /Senior of the Year Advisory Group meeting held on March 28, 2011. Motion No. C110406 -7 Moved by Crawford, Seconded by Lancaster Be it resolved that the draft minutes of the Citizen /Senior of the Year Advisory Group meeting held on March 28, 2011 be received. Carried. Motion No. C110406 -8 Moved by Evans, Seconded by Crawford Be it resolved that if a Citizen /Senior of the Year recipient moves outside the Township of Oro - Medonte, he /she is still eligible to attend future meetings as voted by the Citizen /Senior of the Year Advisory Group. Carried. Page 3 of 14 Page 7 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 Motion No. C110406 -9 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That in recognition of the commitment and dedication of the Women's Institutes of the Township of Oro - Medonte and their contribution to the community, Council grants an exception to By -law No. 2011 -029 to enable the nomination of the Oro - Medonte's Women's Institutes as "Citizen of the Year ". 2. That the Women's Institutes of the Township of Oro - Medonte be nominated as the 2011 Citizen of the Year as voted by the Citizen /Senior of the Year Advisory Group. 3. And That the Oro - Medonte Women's Institutes District representatives be advised of Council's decision under the Mayor's signature. Carried. Motion No. C110406 -10 Moved by Meyer, Seconded by Coutanche Be it resolved that the large Township plaque be engraved to recognize the Township of Oro - Medonte Women's Institutes as the 2011 Citizen of the Year and that a certificate be presented to one District representative for each Women's Institute at the Oro World's Fair, for distribution to their members, as voted by the Citizen /Senior of the Year Advisory Group. Carried. Motion No. C110406 -11 Moved by Crawford, Seconded by Evans Be it resolved that that reporters from the North Simcoe Community Newspaper, Springwater News and Orillia Packet & Times be notified of the Citizen /Senior of the Year presentations in order that a photographer can be in attendance at the presentations as voted by the Citizen /Senior of the Year Advisory Group. Carried. Motion No. C110406 -12 Moved by Evans, Seconded by Crawford Be it resolved 1. That Norine and Tom Hutchinson be nominated as the 2011 Senior of the Year as voted by the Citizen /Senior of the Year Advisory Group. 2. That Norine and Tom Hutchinson be advised accordingly under the Mayor's signature. 3. And That the Nomination be forwarded to Sophia Aggelonitis, Minister Responsible for Seniors, for the 2011 Senior of the Year Award. Carried. Page 4 of 14 Page 8 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 d) Minutes of the Oro - Medonte History Association meeting held on February 16, 2011. Motion No. C110406 -13 Moved by Meyer, Seconded by Coutanche Be it resolved that the minutes of the Oro - Medonte History Association meeting held on February 16, 2011 be received. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. Fl 2011 -10, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Statement of Accounts — February 28, 2011. Motion No. C110406 -14 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. Fl 2011 -010, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Statement of Accounts — February 28, 2011 be received. 2. And That the accounts for the month of February 2011 totalling $1,094,614.62 be received. Carried. Page 5 of 14 Page 9 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 b) Report No. Fl 2011 -12, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Financial Plan — Water Systems. Motion No. C110406 -15 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That Report No. Fl 2011 -12, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Financial Plan — Water Systems be received and adopted. 2. That the financial plan for the municipality's drinking water systems be approved. 3. That the fees & charges by -law be amended as described in Report No. Fl 2011 -12. 4. That notice be provided to the users of the Township's drinking water systems in the manner described in Report No. Fl 2011 -12. 5. And That a copy of the financial plan be provided to the Ministry of Environment and Ministry of Municipal Affairs, as stipulated in the pertinent legislation. Carried. c) Report No. DS 2011 -008, Andria Leigh, Director of Development Services, re: Official Plan Amendment for Technical Severance Policies (Township of Oro - Medonte). Motion No. C110406 -16 Moved by Lancaster, Seconded by Evans Be it resolved 1. That Report DS 2011 -008, Andria Leigh, Director of Development Services, re: Proposed Amendment for Technical Severance Policies be received and adopted. 2. And That Council authorizes Planning Staff to proceed with an Official Plan Amendment Application to amend Section D2.3.2 of the Township of Oro - Medonte Official Plan and hold the statutory Public Meeting required for this policy review. Defeated. Recorded Vote Requested by Councillor Crawford Councillor Crawford Nay Councillor Coutanche Nay Councillor Evans Nay Deputy Mayor Hough Nay Councillor Lancaster Yea Councillor Meyer Nay Mayor H.S. Hughes Nay Page 6 of 14 Page 10 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 d) Report No. DS 2011 -012, Andria Leigh, Director of Development Services, re: Zoning By -law Amendment (Donald and Sherry Hubbert), Part of Lot 24 and Part of Lot 25, Concession 9, RP 51 R- 37798, Parts 1 and 3 (Oro), Township of Oro - Medonte [refer to item 15d)]. Motion No. C110406 -17 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report DS 2011 -012, Andria Leigh, Director of Development Services, re: Zoning By -law Amendment (Donald and Sherry Hubbert), Part of Lot 24 and Part of Lot 25, Concession 9, RP 51 R- 37798, Parts 1 and 3 (Oro), Township of Oro - Medonte be received and adopted. 2. That the Zoning By -law Amendment Application for Donald and Sherry Hubbert, Part of Lot 24 and Part of Lot 25, Concession 9, Plan 51 R- 37798, Parts 1 and 3 (Former Township of Oro) Township of Oro - Medonte, on Schedule A5 on the Zoning By -law 97 -95 (as amended) from Agricultural /Rural (A/RU) Zone to Agricultural /Rural Hold (A/RU(H)) Zone be approved. 3. That the Clerk bring forward the appropriate By -law for Council's consideration. 4. And That the applicants be advised of Council's decision under the Director of Development Services' signature. Carried. e) Report No. DS 2011 -013, Andria Leigh, Director of Development Services, re: Draft Plan of Subdivision, proposed red -lined revisions, Part of Lot 5, Concession 13 ( Medonte), File: 43T- 90082, (2063334 Ontario Inc.). Motion No. C110406 -18 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. DS 2011 -013, Andria Leigh, Director of Development Services, re: Draft Plan of Subdivision, proposed red -lined revisions for Lots 27 to 29 and Block 73, Application 43T -90082 for 2063334 Ontario Inc., Part of Lot 5, Concession 13 ( Medonte), Township of Oro - Medonte, be received and adopted. 2. That the revisions, being Lots 27, 28 and 29, for residential purposes, and Block 73, for park purposes, within Plan of Subdivision 43T- 90082, as indicated on Attachment No.1 of Report No. DS 2011 -013, be approved. 3. That the Conditions of Draft Plan Approval be amended to reflect the red -lined revisions as contained in Attachment No. 1 of Report No. DS 2011 -013. 4. And That the applicant be advised of Council's decision under the Director of Development Services' signature. Carried. Page 7of14 Page 11 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 f) Memorandum dated April 6, 2011 from Andria Leigh, Director of Development Services, re: Completion of Sound Monitoring for Hillway Line 12 Pit. Council consented to allow Brian English, a member of the Liaison Committee, to speak on the matter. Motion No. C110406 -19 Moved by Evans, Seconded by Lancaster Be it resolved 1. That the Memorandum dated April 6, 2011 from Andria Leigh, Director of Development Services, re: Completion of Sound Monitoring for Hillway Line 12 Pit be received and adopted. 2. That the sound level monitoring at the Hillway Line 12 Pit be completed at this time based on the sound monitoring annual results being in compliance with the Ministry of Environment guidelines. 3. That the Township, in their submission to the Ministry of Natural Resources, confirm the process should a complaint be received regarding noise, as well as the process for further monitoring at that time. 4. And That Council's decision regarding the proposed completion of the sound level monitoring be forwarded to Ministry of Natural Resources for their consideration under the Director of Development Services' signature. Carried. g) Shawn Binns, Director of Recreation and Community Services, re: Administration Office Entrance Concept Plan. Motion No. C110406 -20 Moved by Meyer, Seconded by Coutanche Be it resolved that the correspondence presented by Shawn Binns, Director of Recreation and Community Services, re: Administration Office Entrance Concept Plan be received. Carried. Page 8of14 Page 12 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 11. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, re: Rezoning Matter. Motion No. C110406 -21 Moved by Crawford, Seconded by Evans Be it resolved that the verbal information presented by Mayor H.S. Hughes and Andria Leigh, Director of Development Services, re: Rezoning Matter be received; And That staff proceed accordingly with a zoning amendment to the General Commercial (GC) Zone. Carried. 12. CONSENT AGENDA: a) Announcements of Interest to the Public - None b) Minutes of the Midland Public Library meeting held on February 10, 2011. Staff Recommendation: Receive. c) Minutes of the Lake Simcoe Region Conservation Authority meeting held on February 25, 2011 and highlights of meeting held on March 25, 2011. Staff Recommendation: Receive. d) Minutes of Nottawasaga Valley Conservation Authority meeting held on February 25, 2011 and highlights of meeting held on March 25, 2011. Staff Recommendation: Receive. Motion No. C110406 -22 Moved by Coutanche, Seconded by Meyer Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public - None. b) Minutes of the Midland Public Library meeting held on February 10, 2011. Received. c) Minutes of the Lake Simcoe Region Conservation Authority meeting held on February 25, 2011 and highlights of meeting held on March 25, 2011. Received. d) Minutes of Nottawasaga Valley Conservation Authority meeting held on February 25, 2011 and highlights of meeting held on March 25, 2011. Received. Carried. Page 9 of 14 Page 13 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 13. COMMUNICATIONS: a) Correspondence dated March 7, 2011 from Sophia Aggelonitis, Minister Responsible for Seniors, re: Senior of the Year Award. Motion No. C110406 -23 Moved by Evans, Seconded by Crawford Be it resolved that the correspondence dated March 7, 2011 from Sophia Aggelonitis, Minister Responsible for Seniors, re: Senior of the Year Award be received. Carried. b) Correspondence dated March 29, 2011 from Lynn Dollin, Chair of the South Georgian Bay Lake Simcoe Source Protection Committee, re: "Impact Through Understanding" Municipal Workshops, May 12, 2011, Georgian Downs, Innisfil, and May 13, 2011, Highwayman Inn, Orillia. Motion No. C110406 -24 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated March 29, 2011 from Lynn Dollin, Chair of the South Georgian Bay Lake Simcoe Source Protection Committee, re: "Impact Through Understanding" Municipal Workshops, May 12, 2011, Georgian Downs, Innisfil, and May 13, 2011, Highwayman Inn, Orillia be received. 2. That Mayor H.S. Hughes, Deputy Mayor Hough and Councillors Evans, Crawford and Meyer be authorized to attend the "Impact Through Understanding" Municipal Workshops, May 13, 2011, Highwayman Inn, Orillia. 3. And That the CAD's Office arrange for registration and RSVP on behalf of the attendees. Carried. Page 10 of 14 Page 14 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 c) Correspondence dated March 15, 2011 from Tony Katarynych, Chair, Orillia & Area Physician Recruitment & Retention Committee, re: Appointment to Orillia & Area Physician Recruitment & Retention Committee. Motion No. C110406 -25 Moved by Crawford, Seconded by Meyer Be it resolved that the motion respect to the correspondence dated March 15, 2011, from Tony Katarynych, Chair, Orillia & Area Physician Recruitment & Retention Committee, re: Appointment to Orillia & Area Physician Recruitment & Retention Committee be deferred until the April 27, 2011 Council meeting. Carried. Motion No. C110406 -26 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated March 15, 2011 from Tony Katarynych, Chair, Orillia & Area Physician Recruitment & Retention Committee, re: Appointment to Orillia & Area Physician Recruitment & Retention Committee be received. 2. That be appointed to the Orillia & Area Physician Recruitment & Retention Committee for the Term. 3. And That the Orillia & Area Physician Recruitment & Retention Committee be advised of Council's decision under the Director of Corporate Services /Clerk's signature. Deferred. d) Correspondence dated March 15, 2011 from John Ennis, Government Relations Specialist, CAA South Central Ontario, re: Harmonized Sales Tax (H.S.T.) Revenue and a New Funding Mechanism for Transportation Infrastructure. Motion No. C110406 -27 Moved by Coutanche, Seconded by Meyer Be it resolved that the correspondence dated March 15, 2011 from John Ennis, Government Relations Specialist, CAA South Central Ontario, re: Harmonized Sales Tax (H.S.T.) Revenue and a New Funding Mechanism for Transportation Infrastructure be received. Carried. Page 11 of 14 Page 15 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 14. NOTICE OF MOTIONS: 15. BY -LAWS: a) By -Law No. 2011 -047 A By -law to authorize the execution of a Tax Arrears Extension Agreement. b) By -Law No. 2011 -049 A By -law to Authorize the Execution of a Contract Between The Township of Oro - Medonte and The Oro - Medonte Chamber of Commerce And to Repeal By -law No. 2009 -132. c) By -Law No. 2011 -050 A By -law to Authorize the Execution of an Agreement Between The Township of Oro - Medonte and The Oro - Medonte Tennis Club. d) By -Law No. 2011 -051 A By -law to amend the zoning provisions which apply to lands within Part of Lot 24 and Part of Lot 25, Concession 9, RP 51 R- 37798, Parts 1 and 3 (Former Township of Oro) Township of Oro - Medonte by placing a Holding (H) provision to the lands. (Hubbert) Motion No. C110406 -28 Moved by Crawford, Seconded by Lancaster Be it resolved that the following by -laws: a) By -Law No. 2011 -047: A By -law to authorize the execution of a Tax Arrears Extension Agreement. b) By -Law No. 2011 -049: A By -law to Authorize the Execution of a Contract Between The Township of Oro - Medonte and The Oro - Medonte Chamber of Commerce And to Repeal By -law No. 2009 -132. d) By -Law No. 2011 -051: A By -law to amend the zoning provisions which apply to lands within Part of Lot 24 and Part of Lot 25, Concession 9, RP 51 R- 37798, Parts 1 and 3 (Former Township of Oro) Township of Oro - Medonte by placing a Holding (H) provision to the lands. (Hubbert) be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 12 of 14 Page 16 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 Motion No. C110408 -29 Moved by Hough, Seconded by Meyer Be it resolved that By -Law No. 2011 -050, a By -law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and The Oro - Medonte Tennis Club be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Recorded Vote Requested by Councillor Coutanche Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Nay Deputy Mayor Hough Nay Councillor Lancaster Yea Councillor Meyer Yea Mayor H.S. Hughes Yea 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): %CONFIRMATION BY -LAW: a) By -Law No. 2011 -052 By -Law No. 2011- , Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, , 2011. Motion No. C110406 -30 Moved by Meyer, Seconded by Coutanche Be it resolved that By -Law No. 2011 -052, being a by -law to confirm the proceedings of the Council meeting held on Wednesday, April 6, 2011 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 13 of 14 Page 17 of 147 6a) - Minutes of Council meeting held on A... Council Minutes —April 6, 2011 19.ADJOURNMENT: a) Motion to Adjourn. Motion No. C110406 -31 Moved by Evans, Seconded by Crawford Be it resolved that we do now adjourn at 11:52 a.m. Carried. Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 14 of 14 Page 18 of 147 6b) - Minutes of the Human Resources Commi... _ THE TOWNSHIP OF ORO- MEDONTE 0 HUMAN RESOURCES COMMITTEE A;� Neufeld Room 1 Herilar e, Fx','iliq Fithere Wednesday, March 30, 2011 TIME: 9:05 a.m. 2010 - 2014 COUNC Present: Mayor H.S. Hughes Deputy Mayor Hough Councillor Coutanche Robin Dunn, Chief Administrative Officer Tom Gazda, Gazda, Houlne Associates Inc. via teleconference Also present: None. 1. CALL TO ORDER - PRIVATE 1 l OMENT OF REFLECTION: Councillor Coutanche assumed the ChL r and called the meeting to order. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. HR110330 -1 Moved by Hough, Seconded by Hughes It is recommended that the agenda for the Human Resources Committee meeting of March 30, 2011 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. Page 1 of 4 Page 19 of 147 6b) - Minutes of the Human Resources Commi... Human Resources Committee Minutes — March 30, 2011 4. MINUTES OF COMMITTEE: a) Minutes of Human Resources Committee meeting held on February 23, 2011. Motion No. HR110330 -2 Moved by Hughes, Seconded by Hough It is recommended that the minutes of the Human Resources Committee meeting held on February 23, 2011, be adopted as printed and circulated. Carried. 5. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. HR110330 -3 Moved by Hough, Seconded by Hughes It is recommended that we do now go in Closed Session at 9:20 a.m. to discuss • personal matter affecting an identifiable individual. Carried. b) Motion to Rise and Report. Motion No. HR110330 -4 Moved by Hughes, Seconded by Hough It is recommended that we do now Rise and Report at 12:34 p.m. Carried. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Organizational Review & Staffing). The following staff were present: Robin Dunn, CAO. Motion No. HR110330 -5 Moved by Hughes, Seconded by Hough It is recommended that the confidential verbal information and confidential correspondence dated March 30, 2011 and presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Organizational Review & Staffing) be received. Carried. Page 2 of 4 Page 20 of 147 6b) - Minutes of the Human Resources Commi... Human Resources Committee Minutes — March 30, 2011 d) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). The following staff were present: Robin Dunn, CAO. Motion No. HR110330 -6 Moved by Hough, Seconded by Hughes It is recommended that the confidential verbal information and confidential correspondence dated March 30, 2011 and presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management) be received. Carried. e) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Human Resource Metrics). The following staff were present: Robin Dunn, CAO. Motion No. HR110330 -7 Moved by Hughes, Seconded by Hough It is recommended that the confidential verbal information presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Human Resource Metrics) be received. Carried. f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Succession Planning). The following staff were present: Robin Dunn, CAO. Motion No. HR110330 -8 Moved by Hough, Seconded by Hughes It is recommended that the confidential verbal information presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Succession Planning) be received. Carried. 6. REPORTS OF MUNICIPAL OFFICERS: None. Page 3 of 4 Page 21 of 147 6b) - Minutes of the Human Resources Commi... Human Resources Committee Minutes — March 30, 2011 7. NOTICE OF MOTIONS: 8. ADJOURNMENT: a) Motion to Adjourn. Motion No. HR110330 -9 Moved by Hough, Seconded by Hughes It is recommended that we do now adjourn at 12:40 p.m. Carried. Councillor Coutanche, Chair Robin Dunn, CAO Page 4 of 4 Page 22 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... y REQUEST FOR DEPUTATION BEFORE COUNCIUCO C �,sY� r „�['thof , e Any written or electronic submissions and background information for consideration by Council /Committee must be submitted to the Clerk by 4:30 pm on the Wednesday of the week prior to the preferred meeting. Electronic submissions should be submitted in Microsoft PowerPoint /Microsoft Word format. Preferred Meeting and Date: ` d `I 4, f'- I am requesting deputation to speak: a) ❑ on my own behalf; or b) i8,on behalf of a group / organization / association, if b), please state name of group/ organization /association below. C F_ N 1 t= ,A tD N7 A Z% o iA rt) C il C - I would like to use: [R projector Q laptop Name(s) of Speaker(s) A deputation wishing to appear before Council /Committee shall be limited to no more than two (2) speakers with a total speaking time of not more than ten (10) minutes. VVA A �Zit'_ !-N \ �A lz7o-) T u 2 2v t_ ) ,q rJS Subject of Presentation Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of any electronic presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to the Clerk's Office in accordance with the guidelines for Deputations /Delegations outlined in the Township's Procedural By -law. Reason why this presentation is important Council and to the municipality: t ( Y A o � 0 Qr r .A _ - -1 �. wkv oL , i ff ca: yn ( •:ivl :X In if 4to-PS4i0” S e. _ C vin e e \r V\ f-� C esa 11 c` ✓yl Cr � Y 1 a J e. Date of Request: (A GrcV\ J 21t Signature(s) of Speaker(s): Address: 'A S rb,1 } . G lr rZ "i i-1 J(ed rj Telephone: L- 1 (3 Fax: Email: C "card i, co, Note: Additional material may be circu'21ed / presented at the time of the deputation. Scheduling will be at the discretion of the Clerk, and will be confirmed. There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior commitments may make it necessary to schedule an alternate date suggested by the Clerk. Personal information on this form is collected under the legal authority of the Municipal Act, S.O. 2001, c25 as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of information and Protection of Privacy Act. Questions about this collection should be directed to the Clerk's Office, The Corporation of the Township of Oro- Medonte, 148 Line 7 South, Box 100, Oro, Ontario, LOL 2X0. 01/2011 Page 23 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... 1 ` -IRIO J11 (Building rails For Our Future Phone: 705 812 -3457 8166 Hwy 26 E-mail. innfo@ccnatv.ce 6 RI2 #2 LOIN 1S60nkario . E/P T This proposal has been sent to: Township of Springwater Township of Oro - Medonte Simcoe County 2231 Nursery Road 148 Line 7 South 1110 Highway 26 Minesing ON LOL lY2 Oro ON LOL 2X0 Midhurst ON LOL 1X0 Page 24 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Contents MissionStatement .......................................................................................................... ..............................3 Welcome to Central Ontario ATV Club & our Trail System ............................................. ..............................4 Why Partner with Central Ontario ATV Club and the OFATV? ....................................... ..............................6 An exclusive regulated and marked route will be designated on your property ....... ..............................6 You set the conditions of the land use ....................................................................... ..............................6 The club provides maintenance .................................................................................. ..............................6 You are protected from liability .................................................................................. ..............................6 Permission to the Club for the land remains in place until the landowner or the club terminates it ...... 6 Partnering with Central Ontario ATV Club is exactly that ... a partnership! ................ ............................... 7 Club and OFATV Trail Insurance .................................................................................. ..............................7 Trail Development Process ............................................................................................. ..............................8 Proposed Renewal of Agreement & Bylaw (Springwater Only) ...................................... ..............................9 Proposed route for designated ATV trail in Springwater & Oro Townships .................. .............................11 InsuranceCertificate ...................................................................................................... .............................13 OFATV Trail Etiquette & Environmental Guidelines ...................................................... .............................15 OFATVLand Use Agreement .......................................................................................... .............................16 OFATVSign Guide .......................................................................................................... .............................17 Assumptions for OFATV Trail Use .................................................................................. .............................22 Page 2 of 22 Page 25 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Mission Statement Our goal as members of Central Ontario ATV Club is to create and maintain an ATV and Multi -use trial system under the Ontario Federation of ATV Clubs (also known as OFATV) for the purpose of advancing safe, legal and environmental responsible ATV riding. We endeavour to create strong working relationships with landowners, municipalities, The MNR, Environmental Organizations, and the OPP. We participate with the community & province to promote safe, legal and environmentally responsible ATV use and assist with training and education. We do our best to show points of interests to our trail users while keeping local heritage safe for future generations. Page 3 of 22 Page 26 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Welcome to Central Ontario ATV Club & our Trail System Central Ontario ATV Club, a proud member of Ontario Federation of ATV Clubs ( OFATV), is a not for profit organisation established in 1999 that builds and maintains trails in the Georgian Triangle, allowing ATV riders to take in the amazing scenery this area has to offer. With our team of dedicated volunteers we currently monitor trails located in various Simcoe County Forests varying from smooth & sandy to tricky & technical. The club hosts several events throughout the year, including charity rides, novice rider events, safety courses, and overnight camp trips up north. Our members also enjoy the benefit of access to all OFATV trails province wide. We are happy again in 2011 to host the Mike Holmes ride on CFB Borden working with Bombardier Recreational Products (BRP, Can AM), the Mike Holmes foundation "Make it Right" and the Rod and Gun Club on CFB Borden. The event has become an annual attraction that roughly 200 ATVers attend each year, raising funds for the Mike Holmes Foundation. The goal of the Ontario Federation of ATV Clubs ( OFATV) is to make ATVing a viable recreational sport across Ontario. Riders are encouraged to purchase memberships locally to help the clubs lobby for ATV access within the area that they wish to ride. You will be facilitating the club's ability to build and maintain trails, as well as helping them educate riders about safety, environmental consideration, and trail etiquette. The permit also covers our cost of 3' party liability insurance protecting landowners against claims. Permits sell for $150 per year and can be purchased online at www.ofatv.org, by contacting our club, or from our vendors as found on our club website www.coatv.ca. Riders are advised of safe riding practises and their obligations within the law such as mandatory helmet usage . Cell phone service is not always available. An OFATV trail permit is required to operate and ATV on an OFATV trail. The annual OFATV permit entitles you to ride Ontario Federation of ATV Clubs ( www.OFATV.org ) and Eastern Ontario Trail Alliance (EOTA www.thetrail.ca trails across Ontario. We warden our trails regularly and work with the local OPP and S.A.V.E. Team to ensure trails are not misused. Double riding /two -ups are not yet road legal, so riders with passengers are encouraged to stay on the trail not the road. UTV's or Side -by -side machines are currently not allowed on any part of our trails as they exceed the weight limitation set forth by the Simcoe County Forrest and they are also not allowed on the roads according to Ontario Regulation. With young operators, ages 14 to 16, it is advised the ATV should be sized appropriately for the child's size and weight. The child must be under direct supervision of an adult on the trail and is not permitted to operate the ATV on any roadway. To use trails that follow roadways the rider must have a valid Ontario driver's license (G2 /M2) or higher, have the ownership of his ATV and proof of insurance. OFSC snowmobile trails are not ATV trails. The ATV clubs have separate landowner agreements in place. Riders are asked to respect the terms of our agreements as posted en route so permission to use Page 4 of 22 Page 27 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail the trail is not jeopardized. Trails shared with the snowmobile clubs are closed to ATVs during grooming season. Thank you Mark Hamerton Trail Coordinator Central Ontario ATV Club Page 5 of 22 Page 28 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Why Partner with Central Ontario ATV Club and the OFATV? An exclusive regulated and marked route will be designated on your property. This will help regulate trespassing and riders passing on areas of property or roadways not permitted. Designated trails are a proactive means to keep ATVers away from areas where we don't want them and avoid damage and misuse. The trail system is monitored and regulated to OFATV members only. The club trail wardens will patrol the route routinely, educating riders and logging maintenance issues. As the landowner you have one place to go for help with issues and we will do our best to accommodate. Our trails are marked with signs, in accordance with the landowners wishes.We do, however, recommend following our OFATV Sign Guide (included in this package). Signage is not only to tell the riders about where they need to be, but also to ensure they are aware of the rules of the trail, and most importantly it is for everybody's safety. You set the conditions of the land use. • The landowner determines where the trail is designated. • Discussion on time restrictions, speed restrictions with more will be laid out and signage will be agreed on. • Environmental considerations are always top priority. • It is best to keep the trail away from moving water, and if we do need to cross it a suitable solution in the form or a bridge or culvert will need to be considered. The club provides maintenance. • With your permission we maintain the trail as required. • We provide required equipment, materials and manpower when required. You are protected from liability. • Our trails are insured through the OFATV insurance policy that recognizes the landowner as the insured by the OFATV's Third Party General Liability Policy. A copy of our insurance certificate is included in this document for reference, should we reach an agreement a special insurance from is provided naming the landowner. Permission to the Club for the land remains in place until the landowner or the club terminates it. • Allowing an ATV trail across a property changes neither the landowner's ownership nor property rights. • No matter how long the trail remains on a property, it can be removed per request by the landowner at any time. Page 6 of 22 Page 29 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail • Allowing a trial is not forever nor does it set a precedent that will threaten any future ownership or give permission to any other group. • In case of usage of roadways in a township these are fully controlled and mandated by Ontario Regulation 316/03 which requires a by -law from the township. Partnering with Central Ontario ATV Club is exactly that ... a partnership! • We want to work with our landowners. Their assistance in trail building, maintenance and trail development is always welcome. • We want to hear your concerns and comments. All landowners are welcome any time at a Central Ontario ATV Club event or meeting. • We will always strive to promote ourselves and are landowners as community supporters. Club and OFATV Trail Insurance • In addition to the riders liability insurance, the OFATV provides third party liability insurance for the landowner. • The policy provides a $5 million Commercial General Liability, $5 million Non -Owned Automobile and $250,000 tenants Legal Liability. • The policy deductible is $1000, which is paid by the club when a claim is reported. • Landowner's that have completed a Land Use agreement with the OFATV have protection up to the $5 million limit. • The policy was developed for and is limited to OFATV members. All riders and participants using OFATV trails must be an OFATV member. Thank you Mark Hamerton Trail Coordinator Central Ontario ATV Club Page 7 of 22 Page 30 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Trail Development Process 1. The landowner and the Club Trail Coordinator determine a suitable route for a trail determined by the following: a. Accessibility, from connecting trails, roadways etc. b. Terrain, suitable for all season use. c. Maintenance requirements. d. Proximity to residential areas and buildings. e. Environmental issues such as moving water, plants and wildlife. f. The landowners wishes g. Safety concerns including maximum grades h. Minimum trail width of 60" 2. The Trail Coordinator and the Landowner travel the route together to determine its viability. All concerns regarding the route will be discussed at this time. 3. If the Landowner has given permission for the route, the club will require the Landowner to sign a Land Use Agreement, or the municipality to enact a by -law. Any special requests or site - specific instructions will be noted on the land use agreement along with a detailed description of the trail. A copy of the signed form will be sent to the OFATV to initiate the trail liability insurance coverage. A copy is given to the Landowner, and a copy is kept with the Club. If the landowner requires adjustments to the agreement please contact the club at anytime. 4. Work dates will be set to perform official marking of the trail and begin trail building. Trail development may include: a. Bridge building or culvert installation. b. Grading c. Tree trimming and /or removal d. Posting of signage The Trails Committee Central Ontario ATV Club Page 8 of 22 Page 31 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Proposed Renewal of Agreement & Bylaw (Springwater Only) el k a ' on 'tAIFIR ,..e" c � 4� Please consider this request to renew and or make permanent By -Law 2009 -077. 0 C This agreement covers the section of rail trail from Rainbow Valley Rd. north to Flos Rd 3, as well as Flos Rd 3 from Phelpston Rd. West to the County Forest. The club feels that the 2010 trial season went extremely well, and we are not aware of any complaints. Our trail wardens have regularly patrolled the trail system all season and had anticipated the need for maintenance but none was required. The only area that has needed regular attention has been the unmaintained section of Flos Rd 3 and the club has worked in cooperation with the Snowmobile club to complete this. Page 9 of 22 Page 32 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail r r y . F Upon close inspection it was noticed that the western most section of Flos Rd 3 that was used as a trail was in fact unmaintained and we ask that the new by -law reflect this. Page 10 of 22 Page 33 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Proposed route for designated ATV trail in Springwater & Oro Townships. - - Perkins'Field Cokdrvater rwauavn Mrlis ,Y aims Beach. Wyebn.oge - Fo ad UhthaR Uhthoft Tny Merffs Corner Va. 12 HaRwo ,mod �. YNyevale F( Easy Fair ewgana Wilson F Bewh - BlncwateY Beach OF Lake . int Ma Sa Creig hian - Gibson Lows Carley - C Woodland Et—sie -__ Beach Hillsda MartMV�iHe Coulson mood Fergus aeh OrwMed a Hill Esiale ...s AlkTnowod H; me Y3ugoy Crossisnd M in. Farm '' Lan man Fergu nvale fast oro i Canhe a� Phelp,4on Ora a ' - Edgar E pxk iY iP�rk 00 ArYen alsw Uqo New FTas Jack Lake Edenvaie M-dhurst - - M,ne&rg Stawn. Vr�oH ale rs Spdngwater StMngvilte Springwater Roads Gill Rd 0.79kms south of Horseshoe Valley Rd south for 700 meters to Orrock Creek Forest. Unmaintained section of Russel Rd between Orrock Creek Forest and Williams Forest. Old 2nd Rd 2.29kms south of Horseshoe Valley Rd south to Forbes Rd. Simcoe County Roads Forbes Rd. From Old 2nd east to 1st line of Oro Medonte Horseshoe Valley Rd E from 9 Line N to 9 Line N Oro Medonte Roads 1 Line from Forbes road 2.51kms north to Drury Forest Bass Lake Sr W 4.45kms east from 3 Line N to Arbbur Forest Page 11 of 22 Page 34 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail 7 Ilne N from Johnson Forest to Strachan Forest as it crosses Bass Lake Sr. Bass Lake Side Rd E from 8 Line N to 9 Line N 9 Line N from Bass Lake Side Rd E to Horseshoe Valley Rd E (The proposed trail will go through Schumacher) 9 Line N from Horseshoe Valley Rd E to Mt. St. Louis Rd E Mt. St. Louis Rd E from 9 Line N to 12 Line N 12 Line N from Mt. St. Louis Rd E to Trans - Canada Hwy 12 Anderson Line from Trans - Canada Hwy 12 and north up to the Township border. Simcoe County Forests Hendrie (extension of trail) Orrock Creek N Williams Drury Arbbur Johnson Strachan Schumacher Page 12 of 22 Page 35 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Insurance Certificate r .t COMMERCIAL GENERAL LIABILITY EVIDENCE OF INSURANCE THIS DOCUMENI (EVIDENCE OF INSURANCE) IS ISSUED AS NOTICE of INSURANCE FOR INFORMATION ONLY. IT DOES NOT CONSTITUTE A LEGAL CONTRACT OF INSURANCE_ THE MASTER POLICY AND THE APPLICATION OF THE INSURED MEMBER, IF ANY, FORM THE ENTIRE CONTRACT. THIS EVIDENCE IS FURNISHED IN ACCORDANCE WITH, AND IN ALL RESPECTS IS SUBJECT TO, THE TERMS OF THE MASTER POLICY. THIS EVIDENCE REPLACES ANY OTHER EVIpENCE PREVIOUSLY ISSUED COVERING THE INSURANCE DESCRIBED HEREIN. This document is to notify the Insured Member named below that the following insurance has been effected with certain Underwriters at Lloyd 's. London (not incorporated) (the Underwriters) for the policy period specified below render the Master Policy specified below (the Master Policy) issued to the Master Pvlrcyhotde° The insurance is provided under the Master Policy and is in accordance with the terms of tote Mosier Policy, a copy of which is attached hereto. The original Master Policy may be inspected at the offices of the Master Policyholder (Ontario Federation of All Terrain Vehicle Clubs) The respective names of and proportions underwritten by the Underwriters can be ascertained from the office of the Master Policyholder. The Underwriters in return for payment of the premium by or on behalf of the Inswed Member and subject to the terms, definitions. limits of insurance, exclusions and conditions of ft Master Policy agree to provide the insurance as stated in this Evidence of Insurance Evidence No: 2.01 -43 CerrtraI Ontario ATV Cluh Insured Aflemtler: Mailing Address: 8166 Hwy 26 RR 2 Stay ner ON LOM 154 Mai*el Syndicate 3000 at Lloyd's 4$ Leadenhall Street, London, EC3A 2Ea, Underwrites: United Kingdom Policy Period: From ilctober 5, 2410 To: October 5, 2011 Both dates from 12 01 am Standard Time at the mailing address of the Insured Member shown above Operations: all Insured Member day to day activities including social events. rundraisinge, meetings and other normal a0vities including_ the ownership, oonstr<ici on, design maintena and use of trails Nofteas: I LSW 1543 Notice Concerning Personal Information Ir I Warranties: Page 13 of 22 Page 36 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E Central Ontario ATV Club – Proposal for ATV Trail Endorsements attached to this Evidence of Insurance: is i Limits of Insurance Deductible Each Occurrence Limit CADS 5,000,600 CAD $ 1,000 Personal and Advertising Injury CAD S 5,000,000 Any one person or O'ganization CAD$ 1,000 Medical Expenses Limit: CAD S 50,000 Any one person I CAD $ 1,000 _General Aggregate Umd CAD S 5,000,000 CAD $ 1.000 Products-Completed Operations CAD S 5.000,000 CAD $ 1.000 Aggregate limit - Tenants LeqaM"l Limit CAD S 1,400.000 Any one premises I CAD $ 1.000 Non Owned Automobile Limit CAD S 2,400,000 Any 1 loss (exclusive of CAD $ 1,000 interests and costs Unded States of America - CA — D$ 5.560,000 CAD $ Jurisdiction Extension 10,000 Forest Fire Fighting Expenses CAI) S 1 ; 000x000 CAD $ 10: 006 Premium: The premium charged including taxes (if applicable) is subject to a Minimum Eamed prillimiurn of 25% per month or portion thereof in the event of termination by the Insured Member. Any fee charged is earned in full at inception- Conditions: Wording Markel G91 Can 07 plus Markel CGL Can 0 declarabons Mon - owned Automobile Policy SPF6 with Contractual Liability Endorsement SEF96 This document is issued as evidence of coverage provided in Master Policy No. N810AIIIHIS issued to the Ontario Federation of All Terrain Vehicle Clubs for the Insured Member stated herein who has applied for coverage under and pursuant to said Master Policy- Countersigned on: November 4, 2010 By Authorized Representative Outdoor Adventure and Sports Insurance Solutions Inc (OASIS) andlor Aurora Underwriting Services Inc are the sole authorized representatives of the Underwriters for fts insurance program, and are the only representatives authorized to explain the insurance coverage which is provided under this insurance program Page 14 of 22 Page 37 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail OFATV Trail Etiquette & Environmental Guidelines Premises The Ontario Federation of All Terrain Vehicle Clubs ( OFATV) is an organization of clubs that believes riding on designated trails protects the environment. The OFATV promotes safe and responsible riding on trails. It believes that education and awareness programs will further protect the natural environment. At the same time, the utilization of a trail network provides for a unique opportunity to experience nature. ATV' s provide and allow for an increased mobility for a variety of users. The environmental guidelines address the biotic (living organisms) and abiotic (non - living) components of all ecosystems, and are directed to all trail users, including ATV riders. The OFATV believes the future of utilizing a trail in the outdoors is directly related to how clubs and its members use it today. • Remove your helmet when talking to other trail users Always yield the right -of -way to other trail users who are approaching or passing Ride on designated trails. Do not utilize CLOSED trails. 'If you don't know, don't go!' Avoid sudden stops and starts and quick directional changes with acceleration Avoid sensitive and restricted areas at all times, especially wetlands, lakeshores, steep stream banks and hills • Cross at designated crossings and utilize bridges when available. Cross watercourses at 90- degree angles and drive carefully and slowly Do not venture out on new, non -ATV designated trails without consulting appropriate stakeholders • Comply with all applicable legislation and /or municipal bylaws Keeps in mind the following OTC statement: 'Shared use trail - expect/respect other users.' Signal when approaching from behind. In particular, be certain to communicate with the riders of horses and those walking pets • Avoid running over young trees and shrubs, particularly in the spring and the growing season of the summer Do not trespass on private property and do not utilize single - purpose trails designated for other (non -ATV) activities • Promote parking and dismounting from your ATV to walk to sensitive, scenic, historic and cultural areas Enjoy wildlife viewing opportunities, avoid stressing any species particularly during the rearing stages Respect and be courteous to other users who are also using shared use trails Avoid riding after heavy rains Adjust riding behavior according to season and location The planning and staging of rodeos and safety courses should be within areas such as pits, gravel parking lots and controlled areas Take a rider safety course and ride within your abilities Do not cut switchbacks or take shortcuts Keep your speed and engine rpm low and steady when approaching other riders, homes, etc. • What you pack in, pack out - do not litter The ATV designated trail season begins and ends with the advent of winter and the appearance of snowmobile groomers Note: Guidelines will be altered as required. The OFATV invites any comments related to its guidelines (info @ofatv.org) Page 15 of 22 Page 38 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail OFATV Land Use Agreement 404 a p-, e 2.1 Ontaft Federation of All Terrain Vehicle Clubs OFATV All Terrain Vehicle Trail Land Use Permission Form h(EMOR_ '- ITD.1M OF i1NDERSTANDNG tae pr®r clearly. presstog han1 of type) On this day of , year I, the undersigned owner''occupier of the premises that is lot 4 concession A , or other . in the toxin -Aup of CountyF trico'Hegon of do hereby gve the undersigned named All Tenam Vehicle {hereinafter AM Club, as a member in good standing of the Ontario Federation of All Terrain Vehicle Clubs (hereinafter OFATV) permission to legally enter, establish -, maintain, groom sign-, and we that portion of the premises herein designated by myself for the exclusive purpose of allowing individual members of the OFATV to use said denigrated premises for ATV'iag under the following ter ms*+`- and conditions: 1) The local ATV club shall, at all times, maintain its status as a member in good standing of the OFATAT, and be able to verify this to the ovaoer! occupier trzth a current OFAT me mbership certificate. or tins agreement shall be mamediatelynull and void. By remaining in good standing ofthe OFATV, the local ATV club shall have access to the OF ATV third party liability insurance plan. Before this document is signed,. proof of coverage should be presented to the land ormer.'occupier, and is confirmed to the undersigned [and owner occupier bq s ignin g this memorandum of rmderstandmg on the condition that no flee has been charged by the owns occupier for the use of said designated premises. The insurance shall have adequate limits to corer land uses specified herein by the local ATV club, and individual OFATV member on the designated premises, save and emcept any intentional acts by the owner or occupier_ 2) The designated premises shall be sketched on a separate paper, or shoazr on an attached map. A cop. of the sketch and.-or map shall be inittaed by both undersigned parties and attached to each copy o£ this agreement. 3) his understood that, at the owner+occupiers request, ATV use will cease in the minter months, for the duration of the snowmobile groo season{ and resume at the end of the grooming season. 4) The local ATV club shall maintain that portion of said desigaated premises to be used by individual OFATV members in reasonably good condition for ATV'ing purposes only. The local ATV club may assist or be assisted by other trail user groups, insofar as trail maintenance and upkeep, only provided that the other user groups m question also have such agreements as this made with the same land owner°occupier, for the same designated portion of same said premises, with all proper documentation and liability coverage in place. The ATV club will undertake the posting of appropriate signage, remove our an annual basis any litter caused by individual OFATV members,, and repair any damage to property caused by individual OFATV members on that pmtion ofthe property designated for ATV use. ]) Each undersigned party shall give the other srxty (60) days prior vrn ten notice to the address below of any changes tea, or cancellation ofthis agreement. 6) The local ATV club. or its executive, are hereby authorised to be the undersigned ownex!occupier's agent(s) to supervise and enforce the uses defined hereunder with respect to the designated premises in accordance oath the Trespass to property Act RS.O. 1990, C.T. 21; the occupier Liability Pict KS.O. 1990, C.O.I.; and the Off-Road Vehicles Act R_S.O. 1940_ Land OvsnevOccupier Local ATV Club NAN E NAM ADDRESS ADDRESS PHONE SHONE S GNAT[7RE MONATf_tltE Local ATY Club Contact Person Dame and Phone: OF?111' Representative Director lame nud Phone; OlCopyEachtoRentatnWith OwoEvOccupier ,. ATV Club, DFATVOffice Form Revision Date:OiMI2004 Page 16 of 22 Page 39 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail OFATV Sign Guide On the following pages you find the OFATV Sign Guide. The guide is developed to ensure uniform signing across Ontario, but the individual landowner is of course in his /her right to set the terms for signage on their property. Page 17 of 22 Page 40 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail A �. -•i- i a 8166 Hwy 26, RR# 2 - srta'l(ne Y, On * 10 LorH 1 sa Ontario Federation of All Terrain Vehicle Clubs Phone•(705) 422 -1406 SIGN G Fax:(705) 422 -1409 Email:infoLdnfatv.org Wob:www.ofatv.org +GENIERAL 51GN INSTRU+CTION5 )r Regulatory and Cautionary Signs take precedent over other signs NO sign shall interfere with the sight lines of Cautionary & Regulatory signs Signs 1 .5m to 2rn ABOVE ground 1 m to 1.5m to RIGHT of Trail ]► Signs are to be mounted ONE per Post NO signs mourned on Ilse REVERSE side Trees orollter natural loealionstobe used ONLYwhen a past is. NOT an option and lo cation is CLEARLY visible tolhe Irail OFATV Sign Standards apply unless regulated by Low CAUTION & REGULATORY SIGNS ' LW STOP. -, STOP AHEAD,, SLOW,. 12'x12' 17x12' 17x12' O I -1 Y ARROW 17 x 17 .090g MAMUM 50 km 1h 50 KM/HR 8'x 17 dFA TV TRAIL OFATV ,.. TRAIL SIGN) 4' x s - TRAIL CLOSED.. 17 x 12' TRAIL ENDS,. 1 x 12' O RAILWAY r, LEFT<� RIGHT. CROSSING (BRIDGE MARKERS) 12'x17 4'x17 6'x17 INFORMATION SIGNS L NFO R OM N,m Page 18 of 22 Page 41 of 147 USE AT OWN RISK R -snn lrxIT PRIVATE PROPERTY 12' x i2' IN 4m DESTINATION km Page 41 of 147 USE AT OWN RISK R -snn lrxIT PRIVATE PROPERTY 12' x i2' 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail SIGN HEIGHT & PILACEM ENT 50km� /hr V CLOSE TO5IGNIFI CANT POINTS krnrh ONE SIGN EVERT l OKM Troi! RAILROAD CROSSING SIGNS A STOP SIGN WILL BE PLACED 5 TO 10m PRIOR. TO THE RAILROAD CROSSING. RAILROAD CROSSING SIGN TO BE INSTALLED 100 TO 120M PRIOR TO RAILROAD CROSSING NO 51GNS BETWEEN THE CROSSING SIGN ANDTHE STOP SIGN IF LESS THAN 120m BETWEEN TWO RAILWAY CROSSINGS, A SECOND CROSSING SIGN 15 NOT NEEDED IF UNOBSTRUCTED VIEW BETWEEN THE TWO CROSSINGS, I c e w c OFAN TRAIL SIGNS �R TO BE INSTALLED AT EACH INTERSECTION OR AT EVERY 5 KM OFTRAIL. Trod INFORMATION SIGNS MA P 5 TO BE ERECT €D WELL OFF THE TRAI L TO ALLOW _ FOR PARKINGAND NOT RIGHT BEHIND THE OPPOSITE 'gr4iy STOP 51 GN. 4 0�yy , U9 Page 19 of 22 11W 0[;7MC4 AT SIGNIFICANT ENTRANCE POINTS. PRIVATE PROPERTY SIG NS MUST BE ERECTED AT THE BEGINNING OF EVERY SECTION 0FTRAILTHAT CROSSES PRIVATE 'r PRO PERrY. STOP NO OTH ER 51 GN5 MOUNTED WrM STOP SIGNS. �E 0 4 E STOP AHEAD IF 2 STO PAHEAD SIGNS ARE LESS THAN 100M APART THEN STOP AHEAD IS NEEDED D I f UNOBSTRUCTED • SIGHTLINE BETWEEN THE TWO. Note: drawings are simulated and nano scale Page 42 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail BRIDGE HAZARD MARKERS MOUNT ON POSTS ABOV €THE BRIDGE SURFACE ON BRIDGE ABUTMENT AND BELOW ANY MANDATED BRIDGE WEIGHT SIGNS NOTE: THIS DRAWING SHOWS ONLY ONE SIDE COMING ATTHE 6R ©GE. THE OPPOSITE SIDE HAS TO BE SIGNEDTHIS SAME WAY. . r:mm 6i€I bGE 316E VIEW A6nve Bridge �1•I ��� � AbufemenY L�� x 4 d SLOW SIGNS Trail '+ Ia REGI RED BEFIT RE AL L H02M IDS S LICH AS SHARP TURNS BRIDGES ETC. R NO S IG INS BETW EE N T HE 5 I N AND THE HAZARD IF LESS THAN 10I)m BETWEEN HAZARDS A SE DO ND S LOW IS NOT NEEDED IF UNOBSTRUCTED VIEW BETNE EN HAZARDS } ti s I p I I 4 I 1 1 4 Trail rr r �sr Trail TI! IL CLOSED USE FOR TEMPDRARY AND PERMANENT CLDSURES CORRIDOR & LAKE MARKERS @RANGE] mn ReuI Oru nge yr Equiw 35mm in 1.25 "1 minimum 1.25mio 2m in height I5mmsq WHITEREFUNTORjlsq. "min.l P LAC E AP PDX. 5 cm :, YI DOWN FROM TH E TOP ON TWO 51D E5 FAGNP, TRAI L. jMin.j USE AMINIMUM DOU OLE ROW TO MARK A FIELD TRAIL. INSTALL TRAI L ENDS SIGN WH EN TRAI L TERM USATES. Norte: drawings are simulated and nano scale Page 20 of 22 Page 43 of 147 TRAIL ENDS 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail PD Box 38 Ingersoll, Dntario W5C X1 W Canada iaFATV Ontario F2[�ertiQVUtI 8t All Terrain lfehicl Gutlri Phone: (705)- 737 -0.797 Fax: (519)- 513 -0212 Emai1:i @ otaty. org Wlieb : vy W.ofatv.org SIGN GUIDE 2009 Addendum No. 1 INFORMATION SIGNS OFATV TRAIL SIGN -sH 4 " x & . D123C D123 OFATV OFATV TOP OFATV CONNECTOR PRIMARY FEEDER TRAIL 1 -95N TRAIL I - sew TRAIL 1 -97N . x g ,. ,. g x a" a ,. x g ,. The 0FATV Top, Connector and Prirnary Feeder Trail signs are only to be used if so directed by the OFATV Page 21 of 22 Page 44 of 147 1 -84N replaces I- 9FA T V 83N of the 2006 OFATV sign guide TRAIL and this sign V trail path Required ror.rr .a a,a should be used' Home Club Name Here XheW. EII M+E�I[l. ti going forward. OFATV TRAIL SIGN -sH 4 " x & . D123C D123 OFATV OFATV TOP OFATV CONNECTOR PRIMARY FEEDER TRAIL 1 -95N TRAIL I - sew TRAIL 1 -97N . x g ,. ,. g x a" a ,. x g ,. The 0FATV Top, Connector and Prirnary Feeder Trail signs are only to be used if so directed by the OFATV Page 21 of 22 Page 44 of 147 9a) - 7:30 p.m. Mark Hamerton and Terry E... Central Ontario ATV Club — Proposal for ATV Trail Assumptions for OFATV Trail Use As an off -road experience, atving is an inherently risky activity. The OFATV assumes every rider using an OFATV Prescribed Trail understands and accepts that: • All atvs will be operated under a lawful trail use permit; • All operators and passengers willingly use the trails at their own risk; • Operators and passengers know and will obey the law, including, The Occupiers' Liability Act, and the Trespass to Property Act; • It is recognized and accepted that atving is essentially an off -road activity taking place in the natural environment; • The OFATV is a volunteer -based organization with finite resources and manpower; • It is not practical, possible or desirable to maintain all trails uniformly or to remove all potential hazards; • The OFATV is providing the privilege of trail access without any guarantee of service or quality; • Operators and passengers will not consume alcohol prior to or while using the trails; • Operators and passengers will be prudent and responsible and shall ensure that atvs are operated with appropriate care and control at all times; • Operators and passengers know how to atv competently and understand that the operation of atv requires full cognitive abilities; • Weather conditions affect trails and atv operation and they may change without warning; • The maximum speed on trails is 50 km /h unless reduced by law or conditions; • There may be permitted users on the trail other than atvers; • Operators will stay to the right of the trail notwithstanding that there are no centre lines; • Operators know that there may be grooming or other maintenance activities under way at any time of the day or night which may take up the whole or any part of the trail and have the right of way; • Operators and passengers know that atv trails are not engineered highways; • Operators and passengers are aware that emergency and cell phone service may not be available; • Operators and passengers are aware that there are generally no legal requirements for signage on trails and, when provided, it is only for assistance and convenience; • Operators and passengers know that atving on OFATV trails is regarded as a family- oriented activity; • Operators and passengers know the unique and particular dangers of water crossing; • The grooming and maintenance of trails, when provided, is meant solely to enhance the comfort and enjoyment of the safe and prudent operators and passengers; • Operators and passengers will dress appropriately for all conditions and will have appropriate safety and emergency equipment at all times. Disclaimer: The Trail Status posted here is for general information only and does not necessarily reflect the Trail Status at the time of your ride or the actual local trail conditions you may encounter. The Trail Status is gathered from club volunteers and is valid only at the time of their observation. Their observations may not meet your expectations and the Trail Status may vary from the time of posting. The Trail Status may vary with changing conditions such as temperature, snow quality, type of terrain and usage. Please exercise caution at all times and be prepared for the unexpected. Remember that the atv trail is providing you with an off road experience that has inherent risks, because it occurs in an unpredictable and uncontrollable natural setting, which demands constant rider preparedness, vigilance, caution, unimpaired reaction and smart choice. Trail signs are posted only for your convenience and there is no guarantee that they will be there at any given time due to wind, rain, storms or vandalism. "' Prescribed Trail Definition — A trail that is maintained by a local club within the OFATV organization. Page 22 of 22 Page 45 of 147 10a) - Report No. DS 2011 -04, Andria Leigh... REP Proud Heritage, Exciting Future Report No. To: Prepared By: DS 2011 -004 Council Andria Leigh, Director of Development Services Meeting Date: Subject: Oro - Medonte Motion # March 2, 2011 Environmental Advisory Group — Review of Mandate, Terms of Reference, and Roll #: R.M.S. File #: Committee Composition RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report No. DS 2011 -004 be received and adopted; 2. THAT the appropriate By -law to endorse the revised Mandate and Terms of Reference for the Oro - Medonte Environmental Advisory Committee (EAC) be brought forward for Council's consideration; and 3. THAT the Clerk proceed with the appropriate posting for interested applicants for appointment to the Oro - Medonte Environmental Advisory Committee. BACKGROUND: In 2007, the Township established a technical support group (OMEGA) that was intended to advise and assist Council by identifying issues and opportunities, act as a sounding board for Council initiatives, research and provide information requested by Council, and complete volunteer work to carry out established environmental strategies within the framework approved by Council. By -law 2007 -100 (Attachment #1) established the OMEGA technical support group and identified the composition, mandate, and terms of reference for the group. OMEGA was a new volunteer group established during the 2007 -2010 term of Council and prior to considering appointments to continue this group, it is considered appropriate to assess the first term of the group and, as necessary, make recommendations for Council's consideration regarding amendments to the mandate, terms of reference, and committee composition in order to enhance the benefits provided through this group to Council and the Township. DEVELOPMENT SERVICES Meeting Date March 2, 2011 Report No. DS 2011 -004 Page 1 of 8 Page 46 of 147 10a) - Report No. DS 2011 -04, Andria Leigh... This report is intended to provide recommendations to Council for consideration prior to the re- establishment of an environmental advisory group for the 2010 -2014 term of Council. I ANALYSIS: I Attached to this report (Attachment #1) is the current by -law that established OMEGA in 2007 and includes the mandate, terms of reference, and committee composition for reference by all members of Council. Staff have conducted a preliminary review through the Environmental Advisory Committees (EAC's) of Ontario website of other EACs to consider their role, composition, and matters included within their terms of reference. In addition, staff have obtained further information from the majority of the EAC's in regards to the specific nature of their committee being volunteers and their remuneration. Feedback had also been sought from the 2007 -2010 OMEGA group at the end of their term which was reviewed in the preparation of this report. EAC's are typically composed of citizen volunteers and are intended to provide independent advice and expertise to municipal Councils on environmental issues. In reviewing other EAC's across Ontario it is evident that the mandate of an EAC varies by municipality as some focus on the environmental aspects of land -use planning while others focus on a broader range of environmental issues including waste management, tree preservation, water quality, environmental education, and environmental policies and plans. OMEGA during their term focused on a series of environmental initiatives including: the Oro Moraine, Lake Simcoe Water Quality, Agriculture, and Sustainability. A number of these initiatives were further discussed and implemented through a sub - working group. As 2007 -2010 was the initiation of an Environmental Committee in Oro - Medonte, it is now considered appropriate to evaluate the effectiveness of this group and make recommendations to Council on any required amendments to ensure increased effectiveness of the group during this term of Council. It should be recognized that this was the first term for an environmental advisory group in the Township, and revisions to the group were inevitable through their first term; however notwithstanding these changes the group had a series of achievements. As stated previously, the intent of the report is to establish a go forward position from the end of the last term of the Committee and to provide recommendations to Council regarding amendments to the group for this term of Council. These amendments are intended to enhance the function and success of the Committee during this term of Council. A review of other environmental groups in the Province has been completed which included: mandate, terms of reference, committee composition and staff support, and remuneration. It is recognized that perspective is required in a comparison with other groups given that the scope and mandate for a regional /urban environmental advisory group could be different than that of a smaller more rural group, a more appropriate comparable for Oro - Medonte. There are currently over 30 Environmental Advisory Committees (ECA's) across Ontario: Town of Ajax, City of Burlington, Town of Caledon, City of Cambridge, Region of Durham, Township of Elizabethtown - Kitley, Town of Erin, DEVELOPMENT SERVICES Meeting Date March 2, 2011 Report No. D5 2011 -004 Page 2 of 8 Page 47 of 147 10a) - Report No. DS 2011 -04, Andria Leigh... Town of Georgina, County of Haliburton( * *), City of Guelph, Regional Municipality of Halton, Town of Halton Hills, City of Hamilton, Town of Hunstville( * *), City of Kawartha Lakes, Township of King, City of Kingston, Township of Lanark Highlands, City of Kitchener, City of London, Town of Markham, Town of Mississippi Mills, City of Newmarket, Norfolk County, City of Orillia, City of Oshawa, City of Ottawa, City of Peterborough( * *), City of Sarnia, City of Waterloo, City of Windsor, City of Woodstock. [Note: ( * *) Means EAC currently does not exist] The review confirmed that the mandate of EAC's focuses on a broad range of environmental issues — waste management, tree protection, water quality, wetlands, environmental education, community stewardship, trails and bikeways, environmental policies /plans, and land use planning. On the basis of the review of other committees and the previous mandate for the Oro - Medonte group, it is recommended to Council that the revised mandate for the Oro - Medonte Environmental Advisory Committee during the 2010 -2014 term of Council be as follows: "The Committee is an environmental advisory body that will promote the stewardship, preservation, conservation, protection, and enhancement of the natural environment in the Township. The Committee shall: (a) Research and provide advice on environmental issues that impact residents in the Township of Oro - Medonte. (b) Educate and inform the public about the value and protection of the environment. (c) Provide advice to Council on environmental directions in the Township's Strategic Plan, environmental policy, and sustainability. (d) Promote conservation and stewardship of the environment through outreach into the community. (e) Assist community /environmental groups with conservation activities in the Township. Projects undertaken by the Committee are not intended to overlap with the work of other Committees of Council and are to be consistent and support Township policies and initiatives. The Committee would be the appropriate resource to provide Council with recommendations on how to implement the environmental directions in the Township's Strategic Plan once finalized and to enhance the Township's current staff role in Sustainable Severn Sound and provide recommendations on ways to implement the Severn Sound Sustainability Plan in the Township." The review of the other EAC's in the Province also evaluated the size of Committees which range from five to twenty four members, typically the larger the municipality the DEVELOPMENT SERVICES Meeting Date March 2, 2011 Report No. DS 2011 -004 Page 3 of 8 Page 48 of 147 10a) - Report No. DS 2011 -04, Andria Leigh... larger the composition of their EAC. Membership composition for a Committee typically includes a broad scope of environmental expertise and community expertise. Members typically have knowledge in a series of areas such as: ecology, biology, hydrogeology, forestry, resource management, geography, environmental planning, natural history, environmental education. As Oro - Medonte is a smaller more rural municipality, it is recommended that a smaller committee composition be considered by Council consisting of seven public members - one from each Ward and two members from at large in the Township. In addition, two members of Council —one to be appointed as Chair with other Council member to Chair in their absence. In the review, it was determined that these committees (EAC's) typically report directly to Council or to a committee of Council; it is being recommended that the current process of providing their minutes and reports /recommendation directly to Council be continued for this term of Council. As stated above, one of the functions within the mandate of this Committee will be to provide advice to Council regarding directions identified through the Strategic Plan. The other group of volunteers that is tasked with providing similar direction to staff through their scope of activity is the Economic Development Roundtable and therefore Council may consider there being a benefit for a consistent member of Council sitting at both Tables to ensure these groups are not in direct conflict with each other. The 2007 -2010 group primarily had staff support in the form of the Committee Coordinator who provided all assistance regarding meeting agendas, minutes, procedures etc. Additional staff support for an identified project was provided but only in a limited capacity and not on any consistent basis. Upon assessing other Committees in the Province, in addition to the Committee Coordinator it is being recommended that a staff liaison be appointed for the Committee. The Staff Liaison would be responsible for communications between the Committee and Council, SMT, and other staff. Specific projects during the term of the Committee may require technical expertise from a number of departments (Transportation and Environmental Services, Recreation and Community Services, Development Services); the staff liaison would co- ordinate all requests, responses, departmental involvement and assistance necessary for the Committee in support of its mandate and projects approved through Council. Currently Council has appointed the Director of Development Services as the Township's appointment on the Sustainable Severn Sound Committee. As stated above, the mandate for the Committee is to both enhance the staff role on Sustainable Severn Sound and to provide recommendations to Council on the means to implement the Severn Sound Sustainability Plan it is therefore recommended that the staff liaison for both the Sustainable Severn Sound Committee and the Environmental Advisory Committee be consistent. I FINANCIAL: I A Budget allocation for Committee members per diem has to date not been included in the 2011 budget. On the basis of the recommended Committee membership at 7 members, a 2011 budget allocation of $ 5000 would be required. DEVELOPMENT SERVICES Meeting Date March 2, 2011 Report No. DS 2011 -004 Page 4 of 8 Page 49 of 147 10a) - Report No. DS 2011 -04, Andria Leigh... POLICIES /LEGISLATION: Municipal Act CONSULTATIONS: CAO Director, Corporate Services /Clerk Director, Corporate and Strategic Initiatives Environmental Advisory Committees of Ontario Planner ATTACHMENTS: Attachment #1 - By -law No. 2007 -100 CONCLUSION: It is recommended to Council that the amendments discussed above be incorporated into a revised by -law that addresses the mandate, terms of reference, and committee composition for the Township's Environmental Advisory Committee. That the appropriate revised by -law be brought forward for Council's consideration and subsequently the Clerk proceed with the posting for consideration of appointment to the Oro - Medonte Environmental Advisory Committee (EAC) for the 2010 -2014 term of Council. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Meeting Date March 2, 2011 Report No. DS 2011 -004 Page 5 of 8 Page 50 of 147 10a) - Report No. DS 2011 -04, Andria Leigh... Attachment #1 —By -law 2007 -100 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2007-100 AMEIUDED A By -law to Establish a Technical Support Group entitled Oro - Medonte Environmental Group Advisors (OMEGA) WHEREAS Section 224 of the Munfolpal Act 206f, $.0. 2061, c. 25, as amended, provides that the role of Council is to ensure that the administrative practices are in place to implement the decisions of Council; AND WHEREAS Council deems It expedient to establish a Technical Support Group entitled Oro- Madonte Environmental Group Advisors (OMEGA); NOW THEREFORE the Council of thaTownship of pro- Medonta hereby enacts as follows: t: That the mandate of the Ora- Medonte Environmental Group Advisors shall be: Educate; Advise and Assist Council by :. • Identifying issues and opportunities for Council's consldergtlon; • Acong as a'sounding board' for Council initiatives; • Researching and providing information requested by Council; • Volunteer work to carry out established environmental strategies wjthirt the framework approved by Council; and • Fulfilling the role of ambassador in regards to the "bigger.pfcfure°. In carrying out its mandate, OMEGA shall be governed by the following principles: • Collective and Individual Stewardship: • Balanced Perspective • Sustalnabillty All recommendations shall be forwarded to Council for consideration, 2. , That a minimum of eight (8) members of the public shall be appointed as members of the Oro- Medonte Environmental Group Advisors. 2,.1 Public members of OMEGA shall be either appointed for a specified term or for a specific fnitlative 2.1.1 If a public member is appointed for aspecified term, the member shall continue to sit for the term oruntil his/her successor(s) are appointed. Where a member ceases to be a member before the expiration of his or her term, Council may appoint another eligible person for the unexpired portion of the term. 2,7.2 If a public member is appointed fora specific initiative, the,membet shall sit for the duration of the initiative. 3. That two (2) members of Council shall be non -voting members of the Oro- Medonte Environmental Group Advisots: in accordance with the Township of Oro- Medonte's Procedural By -faw Council shall appoint one (1) of the two (2) members of Council as Chairperson for OMEGA. The Mayor shall be ex- officio. 4. That Council may establish Working Groups for specific initiatives. if a Working Group is established, council shall appoint any number of poetic members, which Council deems necessary, to the Working Group. DEVELOPMENT SERVICES Report No. DS 2011 -004 Meeting Date March 2, 2011 Page 6 of 8 Page 51 of 147 10a) - Report No. DS 2011 -04, Andria Leigh... Attachment #1 —By -law 2007 -100 5. That public members appointed to the Oro- Medonte Environmental Group Advisors shall serve on a volunteer basis, with no remuneration. 0. That the Township of Oro- Medonte's Procedural By- tawshall govern the proceedings, and activities of OMEGA. 7. That the Terms of Reference attached hereto; as Schedule PA" shall form part of this by -law. 8. This bylavrshail take effect on the final passing thereof. BY -LAW READ. A FIRST AND SECOND TIME THIS 26 DAY OF SEPTEMBER, . 2007. BY -LANE READ A THIRD TIME AND FINALLY PASSED THIS 26" DAY OF SEPTEMBER, 7007. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE. DEVELOPMENT SERVIC Report No. DS 2011 -004 Meeting Date March 2, 2011 Page 7 of 8 Page 52 of 147 10a) - Report No. DS 2011 -04, Andria Leigh... Attachment #1 -By -law 2007 -100 Schedule "A" to By -law No. 2007 -100. for The Corporation of the Township of Oro - Medonte Oro - Medonte Environmental Group Advisors (OMEGA)_ Terms of Reference It Is recognized that; • The Council of the Township of Oro- Medonte is committed to lead by example to serve as a model in fulfilling environmental responsibilities. • Tapping into the ezperliss of volunteers has the potential to assist. Council in working in concert With residents to fulf f its rote. • It is essential that OMEGA work in harmony with enisting.etruetures and functions in a manner that avoids duplications. -- 1 - DEFINITIONS a) Collective and Individual Stewardship A responsibility to learn, convey and apply Environmental Protection Principles, as individuals and as a municipality. _ b) Balanced Perspective Recognition that decisions taken 4n.the present must consider present and future generations and that considering input from all stakeholders can enhance, balanced decisions pertaining to development. c) Sustainabiitty Use of land or a resource without having negative impact on ecosystem integrity and with regard for future generations. 2. Council of the Township of OroWedonte, shall guide and define the activities of OMEGA. Such activities shall Include: research, education, and report recommendations. 3. OMEGA shall formally report to Council of the Township of Oro - Medonte through the minutes of meetings, an annual, report; or as requested by Council. 4. In conjunction with the Township of Oro- Medonte's budget deliberations,: a budget for OMEGA shall be considered on an annual basis. All expenditures shall require approval of the Council of the Township of Oro- Medonte. S. COMPOSITION a) Council Council representation shall be shared and shall rotate through all members of Council, dependent on subject matter. The Mayor shall be ex- officio, b) Staff The Staff component of OMEGA shall be as a resource, according to topics, and issues. OMEGA activities may encompass a broad rangeof topics which will not be specific to any particular department, The County of Simcoe shall be asked to participate as required. c) Public Members To achieve balance and diversity within the membership, consideration may include backgrounds in: r. Agriculture • Business l Chamber of Commerce • Conservancy connection • Education system •. _Ecology •..Health and wellness • Hydro DEVELOPMENT SERVICES Report No. DS 2011 -004 Meeting Date March 2, 2011 Page 8 of 8 Page 53 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... 7owns liip of REPORTt0�/� /� Proud Heritage, Exciting Future Report No. FD No. 2011 -04 To: Council Prepared By: Hugh Murray Meeting Date: April 13, 2011 Subject: Rogers Renewal Agreement Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. That Report No. FD 2011 -04 be received and adopted 2. That the Township enters into the First Renewal and Amending Co- Location Agreement with Rogers Wireless Inc. as identified in Report No. FD 2011 -04 3. That the Clerk bring forward the appropriate by -law for Council's consideration. 4. And Further That Rogers Wireless Inc. be notified of Council's decision under the Deputy Fire Chief's signature. BACKGROUND: In 2006 the Township entered into a Co- Location agreement with Rogers Wireless Inc. for the purposes of telecommunications for the Fire and Emergency Services Department. ANALYSIS: The 2006 agreement has concluded. The attached agreement is a renewal agreement with Rogers Wireless Inc. for space on their tower to house Fire & Emergency Services' radio transmission equipment as part of the overall radio system. DEPARTMENT Report No. FD No. 2011 -04 Meeting Date Page 1 of 2 Page 54 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... FINANCIAL: The cost of the renewal agreement is $880.95 per month for a total of $10,571.40 annually. These funds are allocated in the 2011 budget. POLICIES/LEGISLATION: CONSULTATIONS: Rogers Communications Inc. Point to Point Communications Director of Fire & Emergency Services Richard Playfair ATTACHMENTS: Roger Communications Inc. Co- Location Agreement CONCLUSION: In order maintain the current radio and paging system, it is recommended that the agreement be renewed for the 5 year term. Respectfully submitted: Hugh Murray Deputy Fire Chief SMT Approval / Comments: I C.A.O. Approval / Comments: DEPARTMENT Meeting Date Report No, FD No. 2011 -04 Page 2 of 2 Page 55 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Licensee Site Name: OROMED FD NORTH Licensor Site Name: Hwy 11 & Orillia South Licensee Site Number/Location Code/Lease ID: N/A Licensor Location Code: C1986A FIRST RENEWAL AND AMENDING AGREEMENT WHEREAS: 9. The parties acknowledge having specifically A. The Licensor and the Licensee entered into an requested that this agreement as well as other agreement dated the 2nd day of March, 2006 (the "Co- documents rotating thereto be drawn up in the English location Agreement "); and language only. Les parties reconnaissent avoir spAoitiiquament exige que ce central de memo quo B. The Licensor and the Licensee are desirous of tous les documents s'y rattachant soient r6digAs amending the Co-location Agreement. uniquenhent en langue anglaise. THEREFORE IN CONSIDERATION OF the covenants, terms, conditions and agreements contained herein, the Licensor and the Licensee agree to enter into this First Renewal and Amending Agreement and hereby incorporate by reference the Co-location Agreement for such purpose subject only to the following modifications: DATED this 14th day of January, 2011 LICENSEE: Township or Oro Medonte Fire Department 1. The Basic Terns of the Co-location Agreement are hereby amended by deleting the wording with respect to the Commencement Date and substituting the following in its place: Commencement Date: January 1, 2011 2. The Basic Terms of the Co-location Agreement are hereby amended by deleting the wording with respect to extensions and substituting the following in its place: Extensions(&): 2 x 5 years 3. The Basic Terms of the Co- location Agreement are hereby amended by deleting the wording with respect to tie Initial Term and substituting the fallowing in its place: Initial Term: January 1, 2011 to December 31. 4. Schedule "2" of the Co- location Agreement is hereby deleted and replaced with tie Schedule "2" attached to this First Renewal and Amending Agreement. 5. The parties to this First Renewal and Amending Agreement acknowledge that all of the foregoing recitals are toe and correct both is form and in substance. Per: Name: Title: I have authority to bind the Corporation. Per: Name: Title: I have authority to bind the Corporation. LICENSOR: Rogers Communications Inc. Per: Name: Title: 6. The parties hereto agree and acknowledge that all other terns and conditions contained in the Co- I have authority to bind the Corporation location Agreement remain in full force and effect and that the Co- location Agreement is valid and subsisting and has not been modified in any way except as provided for herein. 7. All capitalized terns herein shall have the same meaning ascribed to them in the Co- location Agreement. S. This First Renewal and Amending Agreement shall be binding upon and shhall enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Per Name: Title: I have authority to bind the Corporation. X AL _ Page 56 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Loa 1 Eft Nmw:OROMED Fo NORTN Lkemw slln Nuplew:Na Schedule "2" Cc-location Agreement Equipment List, License Fees and Additional Costs Dar: pwunry to T ..1 LmMt.ep: T-1. er N. u.a.nr Pw D.p.Nmwt Mwmor. Ropes Cvmmm�lmlrom rc leeue No.-1 Pmpared Bv: Allna Karapwa Antenna SPace Information: IJrenror sit. Namo:Nwy 11 Crlllln StutA Liwnse Loratinn CodnGl90 G Equi ment Space Informatlon: S4] Ur Wl Pgme IpP P Tolel ChelBeaMe Taal Payrmnl Perlal P AN— Wldm AM4MM HspM Dde Lkppw Fmm I I Poymenl F MaNJy Mtmna m• F.p Fmm P Paymwt F Arm d Lage Area d LvMS A— A Elawket efe11N InMm I❑ ILge LJ Nbin4- Dal. Lkm.e /0 M Rc m.10 N Space spa. Uaba Fbot aM. Mm Ilmll Morena Mlannp IAta) Numbtt d'A' IX NsC le- Fm Plram C'ee�ml' al . IvO. alr Anema Feetlm 170 MrMO 0 ❑ ❑ AManwa �II'[ iJ 0 (al efa�led Com� AMmma (b 41 — TeW Tors. T­ Imm Type am r Nr 1 5 IX M I or Itnn � fta mpnl Spew Rae -1 pf A Fee mlabn an W. Mbnna Mahe O nah Np. d E Epldp M l SpatlRad Elvva9on M ® FP I� R 1 d� DNB d pal Manl Rala Srlr7 xn" b Nadel p.r lama t p 0.00 Type r 30 0.090 EgWP TBD Epn4 42.T0 S 78 S 210C 9 LpF4 -t Equtp- 1 Na twee M' Oapr e 84 mast S em 5 ac S aneo m b moved DMe pm W_ Ptle 1 Rime. Canmene 2 2 0 tA5 'JO t 4d' I T90 TBp 1•Na,a10 69 E ] 42540 475.70 m., LDF41 Equi ment Space Informatlon: S4] Ur Wl Power Information: Pgme IpP P Peym•MPmrd P Taal Payrmnl Perlal P En1ma ImIaO- Dde Lkppw Fmm I I Poymenl F MaNJy Suan m• F.p Fmm P Paymwt F chnr �r W efe11N Cpm- Pawn Spew M . Tolil Paver _P_ psl KWN /0 M Rc m.10 N Hem Uaba Fbot aM. Mm Ilmll TV. (em Der d. ­O a r'•nPraBe d'A' MACS BMAC Na end Vd a Plram C'ee�ml' al . A m A 170 1 19 mr omw Fw Saw fIX CBblp $ 18A N 0 S. 5 M 6 50.00 9 M 5 9000 . M S (b 41 1,4 E erp' iavl Itnn Eq.lp- nbnt `*N 3paw emhs apDBed m 9pwa B].T8 M S WMIM1 Oepb m:lell. nlhn Dale In- u— Fes 503.]8 M Epldp M l ll3 M Spe[e FP I� mmW apaep FT O NumSer of o1 S1a�r d Slnple (II abllatl C4m m DO 5 spa 0.00 Type r m n EgWP E.-11 Epn4 w Ra or Ro- a 1 Sped Rate Unlbd Ltnnue Fae Equtp- 1 Na twee M' Oapr e 84 mast S em 5 ac S aneo m b moved DMe pm W_ Ptle 1 Rime. Canmene 2 1pml Fee RevvlYa6r mAdvance 1 0 tA5 1 4d' I T90 1-Ma- {8,11 ] SOW Power Information: $83.10 Su 1 Pgme IpP P Peym•MPmrd P Payrmnl Perlal P En1ma ImIaO- Dde Lkppw Fmm I I Poymenl F MaNJy Suan m• F.p Fmm P Paymwt F From P �r W efe11N Cpm- Pawn Spew M . Tolil Paver _P_ psl KWN /0 M Rc m.10 N Hem Uaba Ns. (WevdN Ilmll TV. (em Der d. ­O a r'•nPraBe d'A' MACS BMAC Na end Vd a Plram C'ee�ml' Clm to w A 170 1 19 mr omw Fw Saw fIX CBblp $ 18A N 0 S. 5 M 6 50.00 9 M 5 9000 . M S $83.10 Su 1 Total Fees' Pgme IpP P Peym•MPmrd P Payrmnl Perlal P ImIaO- Dde Lkppw Fmm I I Poymenl F Fmm I Suan m• F.p Fmm P Paymwt F From P Pvymml W efe11N Cpm- Pawn Spew M . Tolil Paver N /0 M Rc m.10 N Hem Uaba F. M M nmvl moved d Der d. ­O N P_ R anni M PPWa b D 1 -Mar -R6 LS 5 50.00 . ]5 I. Total Fees' deM o ] Pgme IpP P Peym•MPmrd P Payrmnl Perlal P P m[M Perled P PaynaM Popptl Fmm I I Poymenl F Fmm I I-- ' ' P PwM1 F Fmm P Paymwt F From P Pvymml Imua E Paa T 4.i.fo M M 0 T2d M M . .]2 N N /0 M M m m.10 N N mneM S SOJM M M M M . .DQ N N A vel Poe P P1 L LS 5 50.00 . Sppp 0 .00 omw Fw Saw fIX CBblp $ $0.0D S N 0 S. 5 M 6 50.00 9 M 5 9000 . M S .M M Ummmred PewerFw N 3 M N 5 58 ]6 M B B].T8 M S SB l S91T5 N N SuMeW 5 503.]8 M V. m M l ll3 M M Ca W Cnnlebulbn Fm D DO 5 50 0 0.00 ButldM .W S SOHO 5 50.00 5 50,00 5 50.00 em u8k 6 6 5 1 1] 9 9.t] M M 1 1] M M B.IT N N PSTRVD Ia le 5 50.00 5 50.00 1pml Fee RevvlYa6r mAdvance 1 1645 fi3 B BP08 N N I !00039 I M M pay mtnLFrBA 4— C - C.BWa BLD=BWIe11tp OC•pC PSaer(beOery Ledrtl) M= Monthly P=P epmg 11R=ew1 BOC •Be.had M1 r (ae0 WGwemlm Bnthed) A=Am .1 9 •Otoadwa6rq WLL • We0 AC [ AC Povur(Nvt f>arveramr 9ach� l5 = Lump srn Paymml MW cMmumva tNah GRD =Gould MAC• Marred AC Poasr(N.1 GmerMm Bathed) 0= 00ardah Typm R zr fte BAC = Bethel AC POwai (GnrotMm eadwd) M = MUlUwtplatl BMAC= Laechad Mermtl AC Pamr(Ganaramr eackad) PCS =pCS Ml.nna pIR- plrxl0am UMIy Cemppiry O= OOIX(epeoi(YNPmI t AL Page 57 of 147 t AL Page 57 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Licensee Site Name: OROMFD FD NORTH Licensor Site Name: Hwy 11 & Orillia South Licensee Site Number /Location Code/Lmse ID: N/A Licensor Location Cade: C1986A CO- LOCATION AGREEMENT Dated: March 2, 2006 LICENSOR Licensor Name: Rogers Wireless Inc. ( "Licensor ") Address for Notice and Payment: 24 Hour Emergency Number: One Mount Pleasant Road Toronto, Ontario, M4Y 2Y5 Attention: Real Estate Department Tel. (416) 935 -1100 Fax. (416) 935-7799 Tel. (416) 935 -5600 LICENSEE Licensee Name: Address for Notice: 24 Hour Emergency Number: Licensee DUN'S Number: Licensee's GST Registration Numbers Licensee's TVQ Information required by Licensee on Invoices: Billing Address (if different): Township of Oro Medoute Fire Department ( "Licensee") 148 Line 7 South, Box 100 Oro Station, Ontario LOL 2X0 Same as Above Attention: Scott Cowden - Director Fire and Emergency Services Tel.: (705) 487 -2171 Fax: (705) 487 -0133 Tel.: (705) 487 -2171 n/a 140229592RT000I N/A OROMED FD NORTH" Same as Above BASIC TERMS Site Address ( "Site "): Hwy 11 & OriWa South, Hawkestone, Ontario Uses Permitted: Telecommunications purposes and purposes incidental thereto. Fees: See Schedule "2" Commencement Date: March 1, 2006 Initial Term: March 1, 2006 to December 31, 2010 Extension(s): 3 x 5 years (4 years, 10 months) Licensee Snace on/in Licensor Facilities: Antennas: Tower(s) ®, Rooftap(s) ❑, Land ❑, Other ❑. Equipment: Shelter(s)❑, Room(s)❑, Cabinet(s)❑, Pedestal(s)❑, Rack(s)®, Wall Space(s) ❑, Conduit(s) ❑, Land ❑, Other ❑ Licensee Power: Non - Generator Backed AC Power: Separate Meter (Direct from Utility Co.) ❑, Check Meter ❑, Un- metered Generator Backed AC Power: Check Meter ❑, Un- metered Battery Backed DC Power ❑ Battery and Generator Backed DC Power ❑ Schedules which form part of this License: Basic Terms and Conditions - see Schedule "1" Equipment List, License Fees and Additional Costs - see Schedule "2" Legal Description of Site -see Schedule "3" Licensed Area - see Schedule "4" Additional Terms and Conditions - see Schedule "5" Page 58 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Licensee Site Name: OROMED FD NORTH Licensee Site Number/Location Codell.ease ID: N/A Rogers Wireless Inc. Per: A.S.O. Name: Eric Cliche MA�It 9, 2aoL Title: Manager Real Estate Licensor Site Name: Hwy 1 I. & Orillia South Licensor Location Code: C1986 Township of Oro Medonte Uy Per: Name: / AP— ,c � �K Title: Lt ELK, Township of Oro Medonte Five Pelgafknest- Per: Name: Title: A.S.O. SCHEDULE "1" BASIC TERMS AND CONDITIONS 1. IN CONSIDERATION of the agreements contained herein, Licensor hereby grants a license to Licensee to install, repair, operate and maintain, transmitting and receiving equipment, apparatus and housing ( "Equipment ") in locations designated by Licensor ("Licensed Area ") and in accordance with plans submitted to and approved by Licensor ( "Approved Plans "). 2. THIS AGREEMENT shall not constitute a lease between Licensor and Licensee 3. SITE ACCESS by Licensee shall be permitted as follows: (a) Licensee access is restricted to gain access to Licensed Area only; (b) access by Licensee for the purpose of installing, maintaining, repairing, removing or relocating the Equipment (the "Work ") shall be permitted upon the submission to Licensor of fall particulars of the Work to be carried out, whereupon Licensor may: i specify the contractors who are permitted to carry out the Work; and/or ii have the Work, other than maintenance, carried out by Licensers employees or contractors; and/or iii require that Licensors employees or authorized agents be present to supervise the Work, including maintenance. (c) notwithstanding anything contained in this agreement, Licensee's access is subject to any restrictions contained in the agreement(s) by which Licensor derives its rights to the Site ( "Head Agreement "), and subject to reasonable rules and regulations issued by Licensor which govern conduct and general and emergency access procedures. Subject to confidentiality provisions preventing disclosure, upon request by Licensee, Licensor shall provide a copy the Head Agreement to Licensee; and (i) (d) subject to Section 3 (c) (c), Licensee may access its own equipment housing to do Work inside it, if constructed with separate access from Licensor's equipment housing, 24 hours a day, 7 days a week; 4. ANY COSTS with respect to the Work incurred by Licensor shall be home by Licensee including Licensors approval of the Work, supervisory, maintenance or construction work carried out by Licensor. Any capital costs expended by Licensee associated with the Work shall be the sole responsibility of Licensee and shall not be refunded by Licensor, 5. NON - COMPLIANCE by Licensee with the Approved Plans shall entitle Licensor to require Licensee to remove and/or disconnect and/or relocate the Equipment at Licensee's expense upon 24 hours' notice, failing which, Licensor may do so at Licensee's expense and Licensor shall not be liable for any loss caused by Licensor's actions with respect to the removal and/or disconnection and/or relocation. 6. TERM shall be reduced if Licensor's Head Agreement expires or is terminated for any reason during the term of this agreement, in which event this agreement shall be deemed to expire on the same date. 7. FEES plus applicable taxes shall be paid without deduction, abatement or set -off beginning on the Commencement Date. Late payments bear interest at 1% per month (i.e. 12% per annum compounded monthly). Power fees may be increased on 60 days' notice. If Licensee requests permission to install additional equipment on the Site other than that listed in Schedule "2 ", and if Licensor permits the installation of such additional equipment, Licensee shall pay additional fees in accordance with Licensor's current standard rates ( "Rates "). Licensee shall pay an equitable share of all realty, business, equipment and other taxes, levies and charges charged or assessed against the Site, Fees and Equipment as determined by Licensor acting reasonably. 8. EXTENSION of the initial term of this agreement if provided for in this agreement, shall require Licensee to give Licensor notice of its intention to extend at least 60 days' prior to the expiration of the then current terns otherwise this agreement shall be at an end. Fees for an extension period shall be the Rates then in effect. Rates shall be available upon request by Licensee no earlier than 120 days' prior to expiration of the term. a Page 59 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Licensee Site Name: OROMED FD NORTH Licensee Site Number/Locatiou Code/Lease m: N/A 9, ADDITIONAL EXPENSES payable by Licensee, if applicable, will include, without limitation: (a) charges with respect to work performed by Licensor related to the Equipment; (b) electrical power, (c) installation, change out and removal application and approval fees each time Licensee submits a Work notice; (d) additional fees or rents payable to owner or head landlord as a result of Licensee's use or occupancy of Site; (e) insurance advisory fees; (f) an equitable share of Site operating costs and taxes as determined by Licensor, acting reasonably; and (g) 15% administration fee on metered electricity from Licensor's service. If Licensor supplies power, it will be estimated and payable in advance and subject to readjustment based on meter readings or other reasonable means by Licensor. 10. UTILITIES required for the operation of the Equipment shall be the sole responsibility of Licensee. Licensee shall be responsible for any upgrade costs to Licensors service(s) to meet Licensee's requirements. Licensee shall install a meter according to Licensor's specifications, at Licensee's expense if it draws power from Licensor's AC electrical service. 11. SAFETY AND MAINTENANCE: Licensee shall install, operate, ground and maintain the Equipment in a good and workmanlike manner in accordance with sound engineering standards, the Approved Plans and to the satisfaction of Licensor acting reasonably. The power output of transmitters shall be reduced or turned off in order to comply with government safety regulations, on reasonable notice. 11 LICENSEE INDEMNIFIES and saves Licensor harmless against all actions, suits, claims, damages, costs and liabilities arising out of or as a result of (a) any breach, violation or non- performance of the terms, covenants and obligations on the part of Licensee set out in this agreement; (b) any damage, including environmental contamination to the Site or property of Licensor occasioned by the use of the Site or Equipment by Licensee, its servants, agents, employees or contractors or as a result of a failure of the Equipment; and (c) any injury to or death of any person resulting from the use of any or all of the Site or Equipment by Licensee, its servants, agents, employees or contractors or the failure of the Equipment. This indemnity shall survive expiration or other termination of this agreement. licensor Site Name: Hwy I I & Orillia South Licensor Location Code: C1986 13. LICENSOR SHALL NOT BE LIABLE for any indirect or consequential damages or losses suffered by Licensee for any reason and howsoever caused, nor for damage to the Equipment caused by Licensor in the course of exercising one or more of its remedies under this agreement as a result of a default by Licensee not remedied on a timely basis. 14. GOVERNMENT REGULATION: Licensor and Licensee covenant and agree that at their own expense and at all times they will ensure that: (a) their respective equipment and the maintenance thereof complies with the laws, directions, rules and regulations of Industry Canada, the Canadian Radio-television and Telecommunications Commission ( "CRTC "), their successors and all other govemmentaL authorities having jurisdiction; (b) no work is commenced on the Site unless all requisite governmental consents, approvals and permits have been obtained and all fees paid; (c) they are solely responsible for the health and safety of all of their employees and workers and ensure their conduct does not constitute a nuisance at law; (d) they shall require all of their workers and employees to comply with the provisions of all federal, provincial and local laws, statutes, rules, regulations, guidelines, notices, orders and amendments respecting occupational health and safety, the environment and workers' compensation; and (e) they will comply at all times with environmental laws, policies, guidelines and permits ( "Regulations ") and not bring or allow hazardous substances to be brought onto the Site except in compliance with such Regulations and immediately give notice to the other of any discharge of any hazardous substances or any other occurrences which might give rise to a duty under any Regulations. 15. INSURANCE: Licensee will at all times maintain an insurance policy covering all of its undertaking pursuant to this agreement and a general liability and property damage insurance policy in an amount not less than $5,000,000.00 per occurrence or such higher limits as Licensor may reasonably require from time to time and shall add Licensor as an additional insured. Before commencing the Work, Licensee will deliver a certificate of insurance acceptable to Licensers insurance consultants. If Licensee fails to maintain insurance as required or fails to furnish satisfactory evidence thereof, Licensor may forthwith terminate this agreement or, in its discretion, may effect such insurance and any premium paid by Licensor shall be recoverable from Licensee on demand together with a 15% administration fee. 16. CO- OPERATION: Licensor agrees to co- operate with Licensee at Licensee's expense in obtaining all necessary consents of the municipality, Industry Canada, Transport Canada and other governmental authorities having jurisdiction with respect to the construction, operation, maintenance, repair and replacement of the Equipment. Licensor and Licensee shall co- operate with each other and any third parties occupying space on the Site in order to f FI''i Page 60 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Licensee Site Name: OROMED FD NORTH Licensee Site Number /Location Code/Lease ID: N/A minimiz and/or determine the cause of interference between their respective operations on the Site. 17. DEFAULT shall occur if and whenever: (a) the Fee, Additional Expenses or any other amount due under this agreement remains unpaid for 30 days' following notice; or (b) Licensee has not complied with Notice delivered under Section 18 within 90 days' of delivery of Notice; or (c) in the case of any continuing breach other than a breach under Section 17 (a), (b) or (d) where at least 30 days' notice specifying the nature of the breach has been given by Licensor; or (d) if Licensee has not complied with obligations in Section 5 or 2I within 24 bours of notice from Licensor; then Licensor may, in addition to any other remedies available at law or in equity, at Licensee's expense; i. perform such covenant or cure such breach on behalf of Licensee; ii. terminate this agreement forthwith provided the outstanding obligations of Licensee and the rights of Licensor shall survive such termination; and/or iii. remove and/or disconnect and/or relocate the Equipment. Licensee shall not be in default if the breach specified in Section 17(c) cannot be cured within 30 days' so long as such breach is capable of being cured within a reasonable period of time and Licensee has diligently commenced to cure the breach. 18. RECONFIGURATION AND /OR RELOCATION: If Licensor requires all or part of Licensed Area or requires Licensee to multi- couple its antennas, Licensor shall forward a reconfiguration and/or relocation notice ( "Notice ") to Licensee requiring the reconfiguration and/or relocation work to be completed within 90 days' of the receipt of the Notice and the parties shall co- operate with each other in the scheduling of any such work. Licensee shall only be obligated to reconfigure or relocate if in the opinion of Licensor, acting reasonably, Licensee will suffer no material adverse change to its effective radiated power or coverage and existing operations as a -result of such work_ Provided completion of such work takes place on a timely basis, Licensor shall pay all reasonable costs of Licensee for such work. 19. EMERGENCY RELOCATION OR DISCONNECTION of the Equipment by Licensor is permitted if Licensor reasonably apprehends an imminent threat or danger to the public, person, property or the environment. Where practical, Licensor will notify Licensee prior to performing such emergency procedures and costs for same shall be home by the party responsible for the threat or danger. 20. TERMINATION: In the event that, (a) all or part of the Site, Licensee's Equipment or Licensors equipment is destroyed or damaged, Licensor Site Name: Hwy 11 & Orillia South Licensor Location Code: C1986 neither party shall be required to rebuild or repair and at either party's option, this agreement may be terminated upon notice; or (b) Licensor wishes to sell its interest(s) in the Site to a purchaser which requires vacant possession or the Head Agreement is partially terminated, this agreement, at the option of Licensor, shall be terminated in its entirety; or (c) any right to operate the Site is cancelled, expires or is terminated by any governmental authority having jurisdiction or for any other bona fide reason (e.g. interference with Licensees or Licensee's signals, damage or destruction, commercial impracticality), either party may terminate this agreement upon 30 days' notice; or (d) the Site is wholly or partially taken by any lawful power or authority by expropriation, Licensor may terminate this agreement in its entirety or only insofar as it affects that part of the Site, and in every case, i. Licensee shall immediately surrender all or part of the Site and remove the Equipment as required; ii. Fees, Additional Expenses and taxes shall be adjusted to the date of termination; and iii. should Licensee fail to remove the Equipment as required, Licensor may do so at Licensee's expense. 21. INTERFERENCE: Should Licensee's operations or Equipment cause interference with Licensors or another party's operations, Licensor shall provide Licensee with notice to eliminate such interference within 24 hours and, failing such elimination, Licensee shall immediately suspend its operations and/or remove and/or relocate the Equipment sufficiently to eliminate same. If Licensor's operations interfere with Licensee's operations, upon notice Licensor shall co- operate in determining the cause of such interference and correcting same but shall be under no obligation to do so if costs are not nominal in Licensors sole opinion. Licensee shall have the option of paying such costs to correct the interference or terminating this agreement upon the provision of 30 days' notice. In no event shall Licensor be obligated to modify its equipment if, in its opinion, such modifications will adversely affect its operations. 22. NOTICES shall be sent by mail, postage prepaid deemed received 3 days' after mailing, or by facsimile transmission or delivery deemed received on date transmitted or delivered to the address or facsimile number of the party set out above. 23. ASSIGNMENT of this agreement by Licensee is subject to the prior written consent of Licensor and compliance with the Head Agreement. Licensor may assign this agreement without notice, whereupon Licensor shall be relieved of all liability hereunder. Ykl!u16Yy?tIl1 Vi:lxit &N (a) This agreement contains all agreements, promises and understandings between Licensor Either party natal ement with the apprdpriate notice of Page 61 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Licensee Site Name: OROMED FD NORTH Licensor Site Name: Hwy 11 & Oallia South Licensee Site Number/Location Code/Lime ID: NIA Licensor Location Code: C1986 and Licensee and may not be amended or modified except in writing. (b) The terms and conditions of this agreement shall extend to and bind the heirs, personal representatives, successors and permitted assigns of Licensor and Licensee. (c) If Licensee remains in possession at end of term(s), this agreement shall have a monthly term and Licensee shall pay the then current Fees and Additional Expenses plus 25% and such monthly license shall be terminable on 30 days' notice by either party. (d) This agreement shall be governed by the laws of the province in which the Site is located and all federal regulations and requirements including those of the CRTC and Industry Canada. Invalid provisions are severable and do not impair the validity of the balance of this agreement. (e) Neither this agreement nor notice or caveat thereof, may be registered on title to the Site (f) Wherever a party to this agreement shall be unable to fulfil, or is delayed in fulfilling any of their obligations by reason of strike, lockout, war, material or labour shortage, national emergency, flood, fire or other casualty or matter not within its control, then they shall be relieved from the fulfilment of such obligation for the period such condition exists. (g) This agreement is subordinate to all present and future interests affecting the Site, Licensor or the owner of the Site. (h) The parties acknowledge having specifically requested that this agreement as well as other documents relating thereto be drawn up in the English language only. Les parties reconnaissent avoir specifiquement exist que ce contrat de meme que tous les documents s'y rattachant soient redigts uniquement en langue anglaise. l .,tea RAW Page 62 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Lkensarshe Mame:Hwy t1 Onllm SDUM Lleena2 LpFa9on GodeCi %G Schedule "2rr Co- location Agreement Equipment List, License Fees and Additional Costs Dhm: M.ph z, zmfi m: TovmSM1ip of Om Medema Flre Depanmmt ass Inc. Request Date: 9911 &2PD] Prepared BY: Deryck Llamltl Antenna Space Information: Equlpment Space Information: s2 SuNoW real T- C9&2a- PDwe Pavm DC =OC laalPory backed) M =Mommy ua BOG =�Qatl GG POwer (aa0ery and Generame GarXetl) p= pmwa,ly nci A... Amenna Dam mMatl Li 9 Cans Com- GRO= Glpuntl MAC =Mekmd AC Paver (Not Genuaror Backao) M-1 ACF (N, iaml sumpdml Amm— J' =Omer (epepOY bpa+7 Nee FM2 Asa Ne.m Chugeaba pr<aa Amen Povwi WgIM1 Heghl Amprage No. al '1C IUSa wN9 MACE ham No. [fie end( VG Space Single ' Amp - Ciranm Single 1 ergs A—. (Brae R a Ekvmmn (0.GL) Numew O O Itmla4 a(Ilp Dek W Emma F¢ �a����lllllllllllll���"i7� Ega1 Co'c�enm ells Equip Amm�na F e ATe O Q Anlm i Tmal sk5ed Com- S pa- Im tY ap ' mmG Amen I na NumdlJ Mms,m E Ilan lase a; Equip m M Specmatl " M Re Ova m R Re- moved D e Rale per of Role Fee pa antenna pin8 Make an0 Cuanhy per No. I O Lrense ® amm,lpn Typo I— ( ) N' E lam o N (d+nmm 1 Ibm—. 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Licensee Sit. Name: OROMID FD NORTH Licensor Site Name: Hwy 11 & Orillia South Licensee Site Number /Location Code/ Lease 1D; N/A Licensor Location Code: C1986 SCHEDULE "V Date March 2, 2006 Legal Description of Site Part of Lot 19 and 20, 13th Concession, Township of Oro, County of Simcoe; and being more particularly described in Schedule A; Save and Except Parts 1, 2 3 & 4 on Plan 51 R- 11013; Land Registry Office for the Land Registry Division of Simcoe (No. 51). F u , Page 64 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... 7 szcc sz0c 006 466 I c s mp° -- d - sp -- -- - -' . q 1 so o' T , om� v m' :o a m rW V OVnH OvnHI i s;b L.. J oze Wa m ° o c� J I e rc m S 7_ ° s_ 7. ,- ° a m Y z '- '.�'-• m E a °s 3 ¢oQ $ z 11� w 03 °11 Fo ° .. i w_ - x•33 ono Ito W I � i m o_ m `r a a s m o v szcc sz0c 006 466 I c s mp° -- d - sp -- -- - -' . O - 7 o n a "gm m2m 016 U N F m ,z mH Q i r ooze J r o LJ m ut w u z 0/- J C: G o Ja' 00 b 0 00 O 0 0") -0 O o -I z C� s L, 2 neld .10013 Z ;o I a8ea J gS610 :apo0 OOUeoO .�OsuaOp ylno5 E!IIFO v 1 I f-B AmN anS .eosu=rl 9002 `i ga a1BQ VIK :Q! asrw7APOO oon1!wllFagmnN DI!S =,MDOrl HXRON 03 GRNO210 -mN ai!S WSUPO l Page 65 of 147 I c mp° -- d - sp -- -- - -' . q 1 so o' T , om� v m' :o a m rW V OVnH OvnHI i s;b L.. J oze O - 7 o n a "gm m2m 016 U N F m ,z mH Q i r ooze J r o LJ m ut w u z 0/- J C: G o Ja' 00 b 0 00 O 0 0") -0 O o -I z C� s L, 2 neld .10013 Z ;o I a8ea J gS610 :apo0 OOUeoO .�OsuaOp ylno5 E!IIFO v 1 I f-B AmN anS .eosu=rl 9002 `i ga a1BQ VIK :Q! asrw7APOO oon1!wllFagmnN DI!S =,MDOrl HXRON 03 GRNO210 -mN ai!S WSUPO l Page 65 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... Licensee Site Name: OROMED FD NORTH Licensor Site Namc Hwy 11 & Orillia South Licensee Site Numbs /Location Codr'Lmse ID: WA Licensor Location Code: C14$6 Licensed Area Tower Profile Page 2 of 2 Date March 2, 2006 I ;1 Y ... Kb I ,1 1 1 N I L �w �"'A L: LNLI NI 11 I1� I :11 ..: 1414 FN 14 K u" I: 1" IJ A „t.1 4 "NA. ..1: iIRLI NUII J� %lI IFJVER A REV. _ r � nRAwN: :� cAPIS7RA14D PRWCCI X1.1 xRx la. 1 1 5 n DESCRP710U. NEW CREATED DVG I TTI. O9 i:l ulin]b• D.sraftE I \. iNxRzD•Q]I SECTION O SCALE 1.250 TO FUUTURE A_0 REV. _ DATE. ?U01.0•I 19 UCSIGII SECTION O nRAwN: :� cAPIS7RA14D PRWCCI IJD. DESCRP710U. NEW CREATED DVG REV. I DATE 2001.04.24 A Dalcol: - Dr<avml: e.wAnw TOWER PROFILE ELEVATION & SECTIONS HWY 11 & ORILLIA S - DESCRIPTION, I O N DESCRIPTION: BP DATED N1V ANT IIJFDR1 -110 CM 01CH 51 REV B DATE. 2001.04,21 DCSIGH: PROJECT DRAWN: B,MANN 140- DESCRIP71071: u GSI'I AIJI A`.: PE C DESIGN. - _"N A TO WORE PROJECT NO - AZ =224.94" DESC —'ON: C DESCRIPTION PART N0. AS PER CIVIL SUDIJISSIDN SECTION O SRL -480 REll. DATE: 2004 04 30 SCALE 1250 PREMOUS GWG NO AND SHEET: D DESIGN; SYEO InO�w 10 M /N' PNITEIJNA HPID TOWER PROFILE ELEVATION & SECTIONS HWY 11 & ORILLIA S OFAwN: SPED IMAM TO DP.ILLIA 1 -5 /5 FOA: HEIJAA PROJECT NO. 4k105-19 &b —13 16' O — 'I Ok11J1 ANTEIVNA DESCRIPTION: ADDED Skl ANTENNA Al bun j RRT,Iz T REV. DATE: D1.11 .05 / T ORD DEPT7. -TENW WP OE E DESIGN: LD T4 -j E � �` 1 ROGERS' WIRELESS TVlP DF URG FINE DEPTT. ANTENNA DRAWN: S rADLALLAH PROACI ND 5520 -3I6 DESCRIPTION:. ADULD UIV TD Az =223' C °651a TO GUINP.IE REV. DATE: 2005 IZ ? ' E DESIGN: STED IMAM SECTION D—IN SYED — SCALE 1.250 PROJECI No.: 40 -19 &8 DESCRIPTION: AS PER REV. SRL - C4 FURTHER ADD THER CUPRO ANTENNA AT DESCRIPTION PART N0. SCALE; BUILT TD REV. 1:500 CELLULAR ANTENNA SRL -480 4 M/W ANTENNA ML -1848 PREMOUS GWG NO AND SHEET: CQ"IAL L012 -50A 10 M /N' PNITEIJNA HPID TOWER PROFILE ELEVATION & SECTIONS HWY 11 & ORILLIA S 8' M/W ANTENNA HP8 -I05C 1 -5 /5 FOA: HEIJAA LDr7-50A ELU-- —EGNDE _ O — 'I Ok11J1 ANTEIVNA 09010 LDCATIOI: LDDE w COOT. C1986 I IA 11..1 RRT,Iz T 85D I.IkIZ TI xRY It2 et JZ ORAYfDJG NUMBER: C1986— BE1001 —F T ORD DEPT7. -TENW WP OE SRL- 210 -C< i J2" FOAM HELw% LD T4 -j E � �` 1 ROGERS' WIRELESS TVlP DF URG FINE DEPTT. ANTENNA LOI4PRODtl25 -TC INOAL V Page 66 of 147 10b) - Report No. FD 2011 -04, Hugh Murray,... licensee Site Name: OROMED FD NORTH Licensor Site Name: Hv y i I & Orillia South Licensee Site Number /Location Code/Lease ID: N/A Licensor Location Code: C1986 Date March 2, 2006 SCHEDULE "S" None ffi Page 67 of 147 10c) - Doug Irwin, Director of Corporate S... Township of REPORT 0 �� /M1e Proud Heritage, Exciting Future Report No. CS 2011 -006 To: Council Prepared By: Doug Irwin Meeting Date: April 13, 2011 Subject: Council Laptops Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. CS 2011 -006 be received and adopted. 2. That the parameters identified in Report No. CS 2011 -006 be adopted. 3. And that staff proceed with the acquisition of 7 laptops for the members of Council. BACKGROUND: :71 In May 2009, the Township implemented the iCompass Meeting Management Suite which enabled the use of electronic agendas for meetings of Council and its advisory bodies. This software is a web -based application that enables the Township to publish its agendas in various formats, including PDF and HTML. These formats enable end users with varying connection speeds to access either the entire agenda package, or the cover page and any individual agenda items that they wish to view. Following the implementation of the Meeting Management Suite, staff received numerous compliments on the ease of access to the items on an agenda. In 2010, the majority of staff made the switch from a paper copy of a meeting agenda to an electronic agenda, and use laptops during the meetings to access the appropriate item that is being discussed. Corporate Services April 13, 2011 Report No. CS2011 -006 Page 1 of 4 Page 68 of 147 10c) - Doug Irwin, Director of Corporate S... Funds have been allocated in the 2011 budget to purchase laptops for members of Council to enable Council to move from paper agendas to electronic agendas during their meetings. During the 2011 budget deliberations, discussion occurred with respect to the number of laptops required, as the Mayor and Deputy Mayor, as County Councillors, are provided laptops from the County of Simcoe. At its meeting of November 4, 2009, Council established a lifecycle strategy of 4 years for computer (desktop and laptop) hardware. In October 2010, Council authorized the execution of an Enterprise Agreement for Microsoft Licensing to ensure licensing compliance and access to current version software. This agreement enables the Township to standardize all Township computer hardware with core Microsoft products, being the Microsoft Office suite, comprised of Word, Excel, PowerPoint, Outlook, and Publisher. ANALYSIS: As the provision of laptops to members of Council is a new practice for the Township, it is appropriate to establish the parameters in which this practice will occur. In reviewing the options with respect to the number of laptops that the Township will acquire for members of Council, staff have also taken into consideration the Township's computer hardware lifecycle, the Township's Microsoft Licensing Agreement, the current software versions utilized by the County on their equipment, and the access that members of Council may require to the Township's various software packages. Consideration has been given to the Township acquiring 5 laptops for the Councillors and having the Mayor and Deputy Mayor utilize the laptops supplied by the County. While this option would provide each member of Council a laptop for the electronic agendas, staff have some concerns with this approach with respect to the Township's limited access to the County equipment should issues arise or if additional Township software is required to be made available on the County laptops utilized by the Mayor and Deputy Mayor. In these instances, the Township would need to work with the County staff to address any issues that may arise, or to request that the County permit the addition of Township software being made available to the Mayor and Deputy Mayor on the County's equipment. Taking into consideration the Township's lifecycle for computer hardware, the Township's Microsoft Licensing Agreement, access to the Township's various software packages, and the concerns with utilizing the County's equipment, it is proposed that the Township acquire 7 laptop computers for the members of Council. Corporate Services April 13, 2011 Report No. CS2011 -006 Page 2 of 4 Page 69 of 147 10c) - Doug Irwin, Director of Corporate S... The proposal is outlined below and offers the following benefits: • Acquisition of 7 intermediate level quality laptops, including a bag and mouse (approximately $1,400 each) • Inclusion of the Township's standard 3 year warranty, with an option to extend to 4 years to cover the entire lifecycle • The laptops would be purchased with Windows 7 Pro (upgraded from Home version) to enable connection to the network domain • The Township would install the Microsoft Office Suite on each laptop • The Township would install its Antivirus product on each laptop • The Township would be able to install any other Township software as may be required or deemed appropriate The proposal would ensure that the Township has the ability to maintain the equipment as necessary and provide the members of Council access to the Township's current software versions. In recognition of the Township's 4 year lifecycle, it is proposed that at the conclusion of the term of office for Council, the laptops be returned to Information Technology to have the Township software (Microsoft Office Suite, Antivirus and other applicable software) removed from each laptop, that any email or files that the member of Council has on the laptop would be backed up and that ownership of the laptop be transferred to the member of Council, as there would be no net realizable value per the Township's Purchasing By -law. Accordingly, it is recommended that the parameters identified above be adopted and that staff proceed with the acquisition of 7 laptops for members of Council. FINANCIAL: • Funds are allocated in the 2011 Budget for the acquisition of laptops for members of Council. POLICIES /LEGISLATION: • Township's Purchasing By -law CONSULTATIONS: • Chief Administrative Officer • Manager of Information Technology Corporate Services April 13, 2011 Report No. CS2011 -006 Page 3 of 4 Page 70 of 147 10c) - Doug Irwin, Director of Corporate S... ATTACHMENTS: • None CONCLUSION: It is recommended that the parameters identified in the report be adopted, and that staff proceed with the acquisition of 7 laptops for members of Council. Resquily itted: . Do Director of Corporate Services /Clerk C.A.O. Approval / Comments: Corporate Services April 13, 2011 Report No. CS2011 -006 Page 4 of 4 Page 71 of 147 10d) - Report No. TES 2011 -04, Jerry Ball,... 7vwnship of f REPORT Proud Heritage, Exciting Future Report No. To: COUNCIL Prepared By: TES2011 -04 Jerry Ball Meeting Date: Subject: Motion # April 13, 2011 Results for 2011 Vehicle Quotations - Transportation Department - Environmental Services Roll #: R.M.S. File #: Department - Parks and Recreation Department RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. THAT Report No. TES2011 -04 be received and adopted. 2. THAT the following Quotations be awarded: 2011 Vehicle Quotations 1) Transportation Department Jim Wilson Chevrolet, Orillia ONE 1 /2 TON REGULAR CAB PICK -UP $20,233.78 2) Environmental Services Department Jim Wilson Chevrolet, Orillia 3) Parks and Recreation Department Jim Wilson Chevrolet, Orillia ONE 3/4 TON REGULAR CAB PICK -UP $26,165.15 ONE 1 /2 or 3 /4 or 1 TON CREW CAB PICK -UP $33,154.20 (1 ton) 3. AND THAT the respective Contractors be notified accordingly BACKGROUND: Advertisements for the following Vehicle Quotations was placed on our website and hand delivered. They were opened at the Administration Centre on Friday, April 8, 2011 at 9:00 a.m. The Director of Transportation and Environmental Services, and the Transportation and Environmental Assistant, were present during the opening. Transportation Department Quotation for One (1) 2011 1 /2 TON REGULAR CAB PICK -UP, Environmental Services Department Quotation for One (1) 2011 3 /4 TON REGULAR CAB PICK -UP Parks and Recreation Department Quotation for One (1) 2011 1 /2 or 3 /4 or 1 TON CREW CAB PICK -UP Transportation and Environmental Services Report No. TES2011 -04 April 11, 2011 Page 1 of 3 Page 72 of 147 10d) - Report No. TES 2011 -04, Jerry Ball,... ANALYSIS: The results of the Vehicle Quotations opening are as follows: NAME OF ONE 2011 TON ONE 2011 3 /4 TON ONE 2011 1 /2 or 3 /4 or 1 DEALERSHIP REGULAR CAB REGULAR CAB TON CREW CAB PICK - PICK-UP PICK -UP UP Tom Smith Chevrolet, $21,639.50 $28,193.50 '/2 ton, $25,877.00 (5'8" Midland OR box) $23 „052.00 3 /4 ton, $32,600.50 (8' (w /extended cab) box) 1 ton, $34,888.75 8' box Barrie Ford, Barrie. $28,257.91 $31,910.07 NO BID Jim Wilson Chevrolet, $20,233.78 $26,165.15 1 /2 ton, $24,727.79 Orillia. OR (8 -10 week 3 /4 ton, $31,138.28 $23,870.12 delivery) 1 ton, $33,154.20 (w /extended cab) Thor Motors, Orillia $24,283.70 $31,616.27 1 /2 ton, $29,098.00 OR 3 /4 ton, $36,915.97 $28,757.37 ( w/extended cab) Bourgeois Motors, $27,486.12 $29,561.93 1 /2 ton, $34,911.35 (8' Midland box) *(Taxes included in above prices)* FINANCIAL: Each vehicle has been identified in the 2011 Budget, by the above noted departments. POLICIES /LEGISLATION: CONSULTATIONS: Director, Recreation and Community Services, Parks and Recreation Supervisor, Acting Manager of Environmental Services, and Manager of Transportation. ATTACHMENTS: Transportation and Environmental Services Report No. TES2011 -04 April 11, 2011 Page 2 of 3 Page 73 of 147 10d) - Report No. TES 2011 -04, Jerry Ball,... CONCLUSION: It is recommended that the Vehicle Quotation(s) from Jim Wilson Chevrolet Buick GMC Inc., Orillia, be accepted at a low quotation amount of: 1) $20,233.78 for the 2011 '/2 Ton Regular Cab - Transportation Department, 2) $26,165.15 for the 2011 3 /4 Ton Regular Cab - Environmental Services Department, 3) $33,154.20 for the 2011 1 Ton Crew Cab - Parks & Recreation Department. Respectfully submitted: C�� Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services SMT Approval / Comments: C.A.O. Approval / Comments: Transportation and Environmental Services Report No. TES2011 -04 April 11, 2011 Page 3 of 3 Page 74 of 147 11 a) - Mayor H.S. Hughes, correspondence d... 2011 -04 -06 10:40 test1 1 » P 2/7 4ntarla, c �oaa A Heritage and a ut:uure March 3Q, 2011 Association of Municipalities of Ontario (AMO) 393 University Ave, Suite 1701 Toronto, ON M5G 1 Eb To all Ontario Municipalities: At their meeting on March 14, 2011, Council for the Town of Ingersoll passed the following resolution: THAT the Council for the Town of Ingersoll support Ontario Bill 22, an Act to Amend the Children's Law Reform Act, to emphasize 'the importance of children's relationships with their parents and grandparents. AND FURTHER THAT staff be directed to circulate this resolution to all Ontario municipalities through the Association of Municipalities of Ontario, for their support. We would encourage your municipality to endorse Ontario Bill 22 through your support of this resolution, Please forward your response to Arthur Esdaile via email at navi atnr5R a E?elUct , Sincerely, Ann Wright (} Deputy Clerk/ Executive Assistant C Premier Dalton McGuinty Arthur Esdaile ICim Craitor, MPP Page 75 of 147 11 a) - Mayor H.S. Hughes, correspondence d... 2011 -04 -06 10:40 testl 1 >> P 3/7 Josephine Chausse Arthur I:sdailc Audrey Meikle Cathy Moczko Dcb Dcsiardins Rrian Javqucs Dcanna Sherman 12175 Emma Merin 1116 Trafalger RR #7 River Rd 2238 Byng 199 tort St RR #7 15 Crest Vicw Tecumseh On London On Lucknow On Windsor On Amhcrshurg on Chatham pn Lc;amington on NSN2M I N5Z IGS NOG 21-10 N8W3E3 N9V ICI N71V 5J7 N8H4H7 April 04 2011 Harry Hughes, Mayor Township ofOro- Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Re: Bill 22 Children's Law Reform Act Honourable Harry Hughes and members of City Council We are a group of grandparents from southern Ontario who are advocating for grandparents and grandchildren. We have been working diligently in obtaining signatures on petitions and speaking to our city councils to ask them to endorse Bill 22 because in every community there are grandparents and grandchildren whom are adversely affected by a forced separation. It has been reported that there are 100,000 children in Ontario who do not have contact with their grandparents often due to the death of a spouse, divorce, or a family rift. A wedge between adult generations and grandparents separates grandchildren from their grandparents' love and support, In Ontario there are continuing difficulties in obtaining contact with grandchildren through the court system because the current Children's Law Reform Act does not recognize a grandparent as an interested extended family member, but rather, a third parry much like your next door neighbour or mailman. Bill 22, a private members Bill by MPP Kim Craitor amends the Children's law Reform Act. After passing second reading on Sept. 23` 2010 it was referred to the Standing Committee on Social Policy where it is today. This common sense Sill will reunite families in Ontario yet it has died in three previous sessions of parliament even though all three parties voted unanimously in Favour of Bill 22. Bill 22 contains a list of matters that a court must consider when determining the best interests of the child. The Bill amends the subsection to include a specific reference to the importance of maintaining emotional ties between children and grandparents, The bill states that a person whom has custody of a child shall not unreasonably place obstacles between the child and the child's grandparents; and the court shall give effect to the principle that a child should have as much contact with each parent and grandparent as is consistent with the best interests of the child, Ultimately, this bill will give children a voice and opportunities to their family groups that they might otherwise not have. Quebec. BC and Alberta already have access laws that recognizes and enshrine a grandparent as an interested family member that can benefit a child when the courts are petitioned for access. Bill 22 is a necessary amendment to the Children's Law Reform Act so that children in Ontario can enjoy and attain the same privileges to their grandparents as other children enjoy in Quebec, BC, and Alberta. Also, fifty states have legislated laws that give grandparents and grandchildren access to each other. It would be beneficial if the Township of Ora - Medonte can recommend that Bill 22 be legislated in order to seejustice served in the name of love, integrity, and humanity. An endorsement from the 'township of Oro- Mcdonte would be appreciated and can be sent to Dalton Me Guinty, Premier and to Trevor Day, The Clerk for The Standing Committee on Social Policy, Email: trevor — day @ontia.ola.org and a copy to josi echausse@hotma ii.com Z 5a ercly You � } Z ; S Chaussc Enclosures: Bill 22, Letters of support from MI's and MPP's; CAW support letters, City endorsements Page 76 of 147 11 a) - Mayor H.S. Hughes, correspondence d... 2011 -04 -06 10:40 testl 1 >> P 4/7 Bill 22 2010 An Act to amend the Children's Law Reform Act Now This Act amends the Children's Law Reform Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes — Detailed Legislative His- tory on www.e- Laws.gov.on.ca, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1- Section 20 of the Children's Law Reform rift is amended by adding the following subsection; R,Clntions with grandparent, (2.1) A person who has custody of a child shall not unreasonably place obstacles to personal relations be- tween the child and the child's grandparents. 2. (1) Subsection 24 (1) of the Act is amended by striking out "(2), (3)" and substituting "(2), (2,1), (3) ". (2) Subsection 24 (2) of the Act is amended by add- ing the following clauses: (a.I) dic importance of maintaining emotional ties be- tween the child and his or her grandparents; (d, l) the willingness of each person applying for custody of the child to facilitate the child's contact with each parent and grandparent in accordance with subsection (2,1); (3) Section 24 of the Act is amended by adding the following subsection: Maximum contact chi l shall principle should have asm much contact t with each parent rent and grandparent as is Consistent with the best interests of the child. Commencement 3, This Act comes into force on the day it receives Royal Assent. Short title 4. The short title of this Act is the Children's Law Reform Amendment Act, 2410. Projet de loi 22 2010 Loi modifiant la Lai portent Worme du droit de Venfance 12emarque : La pr6sente loi modifie la Lai portent rE- farrne du droit de 1'enfance, dont I'historique I6gislatif figure d la page pertinente de I'Historique Idgislatifddtail Id des Lois d'intcrct public codifiEes sur le site www,lois- en -I igne.Bouv,on, ca. $a Maicstd, sur I'avis et avec le consentement de I'AssembJde legislative de la province de ]'Ontario, kdicte : L L'article 20 de la Loi portant rtforme du droit de l'enfance est modifik par adjonction du paragraphe suivant : R01211003 avec Ica grandi. parents (2.1) Nulle personnc qui a la garde d'un enfant ne doit faire ddraisonnablement obstacle aux relations personnel - les qui existent entre 1'enfant et ses Brands- parents. 2. (1) Le paragraphe 24 (1) de la Lai est modifit• par substitution de «(z), (2.1), (3)s 4, (2) Le paragraphs 24 (2) de In Loi est modirM par adjonction des alinkas suivant$ ; a.l) ('importance de maintenir ies liens affectifs qui existent entre Vent= et ses Brands- parents; d.l) la volont6 de chaque personne qui demandc, par requ6te, la garde de Penfant de faciliter les Contacts entre celui -ci et ses pkre et mire ainsi que ses Brands- parents conformkment au paragraphs (2.1); (3) ],'article 24 de In Loi est medifiC par adjonction du paragraphe suivant : Mnxlmum de contact ) Le enfantdo t av l applique i a r le plus ontactpo Bible scion e vecses pkre et mare et aver ses grand$- parents eompte tcnu de Pintctrat v6ritable de 1'enfant. EntrEc en viguicur I La prksente loi entre en vigueur le jour Qh elle regoit la sanction royale. Tim abrtge 4. roe titre abrkgk de is prLsente loi est Lol de 2010 mod , YtQnt la Lol portant rdforme du drolt de 1 °enfunce, Page 77 of 147 11 a) - Mayor H.S. Hughes, correspondence d... 2011 -04 -06 10:40 testl 1 » P 5/7 Bruce Crozier, M.P.P. �„ Essex oM ed, March 1, 2011 Hon. Dalton McGuinty, Premier Main Legislative Building, Queen's Park Toronto, Ontario M7A 1A4 Dear Premier: T am writing today to express my support for MPP y%-im Craitor's private Member's Bill 22, Children's Law Reform Amendment Act. MPP Craitor's bill would amend the Children's Law Reform Act to emphasize the importance of children's relationships with their parents and grandparents. As a grandfather to 5 grandchildren, I recognize the importance of this. I couldn't imagine my Iife without my grandchildren. I hope that you, too, will support this proposed amendment Sincerely, 78 Talbot Street North, Eaaex ON, NSM IA2 • T - (519) 776.6424 F - (519) 776.5763 C - bcroaier.mPP•co lib�ral.ola.or Room 169, Mein L.agielntive Building, Queco'a Park, Toronto ON, M7A W • T - (416) 325.7298 F - (416) 325.9003 E - bcrosicr,mpp�li6eral.ole.org Page 78 of 147 11 a) - Mayor H.S. Hughes, correspondence d... 2011 -04 -06 14:41 testl Grud uents child.access Sunday 1, to draw SARAH SACHEL! The Windsor Seer Dr. Robert Drake and his wy Susan, anise their 9=ddaugh. ter terribly The 16-year-old giri lived with them far three months earlier this year when neither of her dlvorcedParents wanted her. The courts held a hearing which resulted in the girl be- Ing placed in a group home in Dundas, Ont The Drakes were barred ftm the courtroom, because as gmdparetits, they had no legal standing. "It's as if grandparents don't even safer, said Robert Drake 1 » Of how the lam treats child cus- tody cease. The Drakes plan to attend an event at city Rau Square Sim. day to raiss awareness• of the lack of grandparents' rights. Called ° Grandparents Missing Grandchildren." the candle• light vigil is expected to draw hundreds. P 6/7 Qaa viaiL, as Weald gkve grandparents rl 3h i Council baas `dpam &rights City council added its support to a Private xnamber's bill in the Ontario legislature that would enshrine the right of Srandpi retrta to have con- tact with their grandchildren in the case of divorce azxd other custody dsgute -& "I thiuls it's a no- braine2;" said C 07 111. Alan Whbrstadr, who intro- duced council's matiorl at Monda.y's meeting. Ward $ resident Cathy Moczlw told council tale m0ntal stress can be''un- bearable" for grandparents suddenly excluded from sharing tine with their grandchildren, Ri? Kim traitor (L- lilagara Falls) first introduced the bill In 2004. and the latest version, his fourth attempt. has had second reading but must be pissed before next year's election or it w111 he lost again. Page 79 of 147 Lira Robert Drake and h!s wife .Sus candlelight -vigil In support Of dli 2 11 a) - Mayor H.S. Hughes, correspondence d... 2011 -04 -06 10:41 testl 1 >> P 7/7 I^Vag AN (4 1 r KR1STINA POZAR Di PAOLO Deputy Clerk lsdm so o a ers a .ca November 29, 201.0 The Honourable Dalton McGuinty Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1 A 1 Tear Honourable McGuinty, Re: Supp f or $ill 22r Grand arent' randchiLdren's Ri Fi& At the Council .Meedng of November 22, 2010 the following resolution was passed by Council with respect to the above matter: Ms. Debbie Desjardins made a presentation to Council regarding support for Bill 22: Graudpareafs/Gra xdchildren's Rights. Councillor Wark moved, Councillor Sutton seconded: That the delegation by Ms. Desjardins be received; And further that Coundi agree to submit a letter of support for BW 22 to Premier Dalton McGuinty. The Mayor put the MotiorL. Motion, Carried If you have any questions with regards to the above please contact Kristin Pozar Di Paolo (a 519.736.0012 ext. 240. Sincerely, Kristine Ppzar Di Paolo Deputy Clerk cc: Debbie I)esjardins Website, www- mherathurg,ca 271 SANDWICH ST SOUTH, AMH2RST'9UAG, ONTARIO N9V 2A5 Phans: (519) 736.0012 Fax: 1519) 756 -5408 T Y: (519) 736 -986Q Page 80 of 147 11 b) - Councillor Coutanche, re: Request f... AL •� r� ♦ 4$ MEW FUNDRAISER J A�r ' All Proceeds to fund the Horseshoe Valley Memorial Park DATE: Saturday, May 14, 2011 WHERE: Lazy Dayz Bed and Breakfast 'Bed and,W, 754 Horseshoe V alley Rd. I West TIME 3pm to Ijpm TICKETS: $10 each kids 12 are FREE, KidZone admission $2 /child WHAT: Chili Cook Off, Dinner, Silent Auction, Live Music, KidZone, Cash Bar.. PARTY! CONTACT: Dusana Bondy - 705- 835 -0419 email - dbondy76 @live.com Page 81 of 147 12a) - Announcements of Interest to the Pu... Carley, Y� u Hall ' 396 Warminster Sideroad, Oro- Medonte It's the return of our popular PANCAKE BREAKFAST! yam, Y— rLn y-, �., w'u w,,, Saturday, April 30, 2011 9 a.m. to 11 a.m. The Carley Community Hall Board is hosting a Pancake Breakfast and we invite community members and all guests and visitors to come out to Carley Hall and dine with us! The cost is $6 per person over 10 years of age, $4 for children aged 5 to 10, and free for children under 5 years and includes pancakes with pure maple syrup, sausages, juice, and tea or coffee. This is a fundraising event to help as with Me costs of maintaining the Carley Hall is available at a very reasonable rate for your birthday, anniversary, wedding, shower, and reunion party events! Book by calling Carol at 835 -3419 or Vickie at 835 -3637 Page 82 of 147 12b) - Correspondence dated April 1, 2011 ... RPR -04 -2011 18:08 FRON:NVCA Member Municipalities Adplt Tosorontio Arn:r r:,m l h K The Blue hioiinnirn Hr%idfu«1 -We_t Ciwillimhrrry (.1( xVILW S uliin�,vwuUCJ Fn ".a (';ray I Ii},IIIATrcl- nniaf1l MClancohnn Mont hhuhrcUi N4 .w lr( uniCL9) (_ )rn - Mudon It tihc 16U111C tiprtngv,rrtc^r 4Vastiga Beach Watershed Counties I uffcrrin S ,rc'y sins nF Mrmher of C_ Conservation ONTARIO h9n4r: t'n.en. p�xn April 1, 2011 7054242115 T0:17054870133 P.1.2 Mayor Harry Hughes & Council The Corporation of the Township of Oro - Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Dear Mayor Hughes & Council: Re: NVCA 2011 Municipal Levy On March 25, 2011 the NVCA Board of Directors representing the best conservation interests of the 18 watershed municipalities approved the circulated 2011 NVCA budget with a 72% majority vote. The NVCA Board and staff look forward to implementing the 2011 Conservation Authority programs supported by the approved budget including: • Private land stewardship and reforestation • Conservation Authority land, education and recreation • Flood and Erosion prevention • Source water municipal well protection • Technical and Planning support • Environmental protection via regulations and planning Attached is your municipality's 2011 levy invoice representing your apportionment share of the total levy. Should you have any questions regarding the approved NVCA budget or conservation programs to be implemented through the budget please review the matter with your appointed board member(s) and/or give me a direct call. Thank you again for your municipal representation on the NVCA. I would like to also thank the 24 NVCA Board Members for their continued support in ensuring that the watershed conservation needs are best served. Sincerely-, ajtJ/'_ W Wayne R. Wilson, B-Sc. CAOISecretary- Treasurer Copy: Munich &Itkriy►fW 50 Years in Conservation 1960 -2010 NO I'TAWASAGAVAI „LEY (QNtiFhb'AI ION AUTHORITY Centre for (.onwrvaitniri John HN ( nnmrrvation Atlinwisliatinn (_FnTw Iiffin S urYSC Vatlpn Area 6195 ath I inr Utopia, C)n I (1M 1 I R TrIF.phont7 705.414 1479 Fax 705_4)4.? 11 :, Web lvww nvf i orm a [Ulali a(Jlllln 2c nvra.nn,c a Page 83 of 147 12b) - Correspondence dated April 1, 2011 ... RPR -04 -2811 10:88 FRON:NVCR 7854242115 TO:17054870133 P.2.2 apry r Nottawasaga Valley Conservation Authority 8155 Concession S. Utopia, ON LOM 1TO Memher of -3 ° ry y � TEL (705) 424 -1479 FAX (705) 424- 2115 T'?�rt ,Q W ®hsite:www.nvea.on.ca Q- N 1 O -TcAtt rnvu�ce r,r: Oro- Mcdunte Township paro: Mar. 25, 2011 148 Tine 7 South rrtvo 5574- 260 -17 Oro, ON Hkference: 2011 Municipal Levy LOL 2XO Department; Attrn116r.: D. Irwin, Clerk Property Location County: voice: 705 -487 -2171 Municipality: r 705 - 487 -0133 Lo _ E -mail: Cu^cc -iurr: _ 971: Roil: The 2011 Budget was approved at the Nottawasaga Valley Conservation Authority Board of Directors Meeting February 25, 2011, Matching Levy, Resolution 5, March 25, 2011., Non Matching Levy, Resolution 4 & 5. under Sections 26 and 27 of the Conservation Authorites Act R.S.O. 1990 Oro - Medonte Township Apportionment Percentage 8.0162% 110 KcForotaCion $130,074.05 $10,427.00 120 Healthy Waters 263,215.87 21,099.91 150 Conservation Lainds 143,281.60 11,485.74 310 Plarming and Rcgulalinns 341 ,530.64 27,377 400 Engineering & Technical Services 162,837.90 13,053.41 420 Environmental Services 296,623.32 23,777.92 430 Flood Forecast & Warning 183,960.00 14,746.60 460 Source Water Protection 0.00 0.00 630 Tiffin Education 58,748.14 4,709.37 661 Tillin G ntrc Operations and Maintenance 278,794.74 22,348.74 Total 2011 Levy: $1,859,066.26 Your Share: $149,026.47 Payment I.7ne IS April 2011 $ 37,256.62 15.1unt2011 $ 37,256.62 15 September 2011 $ 37,256.62 15 November 2011 $ 37,256.61 C.S.T.# 107737780 Uvnrdue acmnntt arc soicet to an intercet charge of 2% per nrno^ih. (2h. R2 °G. per noncan) Prompt payment of this account i% —1 —ied_ Page 84 of 147 12c) - Correspondence dated March 22, 2011... 4 PEP Y March 22, 2011 THE CORPORATION OF THE TOWNSHIP OF RAMARA Proud History - Progressive Future Township of Oro - Medonte 148 Line 7 South Box 100 Oro, Ontario LOL 2X0 Re: Support for Rural Schools in Ontario RECEIVED APR o d 2o1i E P,()- 6AED0NTE L T0WNSi--IIP Council of the Township of Ramara received and supported the motion contained in your letter dated February 14, 2011 regarding Support for Rural Schools in Ontario. I trust the above is self - explanatory however if you require further information or clarification, please do not hesitate to contact me. Yours truly, ice McKinnon, AMCT Municipal Clerk J M /clw P.O. Box 130, Brechin, Ontario LOK IBO, (705) 484 -5374 Toll Free 1- 800 - 663 -4054 (for 689 exchange only) Fax(705)484-0441 Email: ramarana rainara.ca Web Site: www.ramara.ca Proud Member of Lake Country Page 85 of 147 12c) - Correspondence dated March 22, 2011... February 14, 2011 The Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building Toronto, ON M7A 1A4 Ta h' )f Proud Heritage, Exciting Future Re: Support for Rural Schools In Ontario Rear Mr. McGuinty, At Its meeting on February 9, 2011 the Council of the Township of Oro - Medonte received correspondence from Simon Kennedy and Lila Osborne regarding Moonstone Elementary School, Council Is In support of the information presented by Mr. Kennedy and Ms. Osborne, and adopted the following motion with respect to the above -noted matter: "Be it resolved That the correspondence dated February 3 and 9, 2011, and information presented by Simon Kennedy and Lila Osborne re: Moonstone Elementary School be received. And whereas the Moonstone Elementary School and other rural schools face possUe closure under an Accommodation Review, therefore be It resolved that tiro Council of the Township of Oro- Medonte supports rural schools as Council recognizes the benefits that rural schoats bring to the quality of education students . receive from measureable statistics of Educational Quality and Accountability office (E.CiAO) and In one -on- one teaching and learning environments. And further, that dais resolution be forwarded, under the Mayor's signature, to Premier Dalton McGuinty, the Ministry of Education, Simcoe County District School Board, Garfield Dunlop, MPP, Simcoe County municipalities and is circulated through AMO for their consideration and endorsement." We respectfully request your consideration of Council's resolution of this matter and thank you In advance for your time. Yours respectfully, M . Hugh jdbb Cc: Members of council The Honourable Leona Dombrowsky, Minister of Education Garfield Dunlop, MPP, Simcoe North Debra Edwards, Chair, Simcoe County District School Board Simcoe County Member Municipatlties 148 Line 7 S o u tea, Pox 100 P: (705) 487 -2172 . Oro, Ontario LOL 2X0 P: (705) 487 -0133 WWI OTC► -ktX {�Ari .iC;z Page 86 of 147 13a) - Correspondence dated March 31, 2011 March 31, 2011 Member Municipalities Adjala- Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Collingwood Essa Grey Highlands Innisfil Melancthon Mono Mulmur New Tecumseth Oro-Medonte Shelburne Springwater Wasaga Beach Watershed Counties Dufferi n Grey Simcoe Member of C Conservation ONTARIO Doug Irwin, Clerk The Township of Oro - Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Dear Mr. Irwin: Subject: Confirmation of local Source Protection Authority Membership I am writing to confirm your Municipal representation on the Nottawasaga Valley Source Protection Authority. Under the Clean Water Act Section 4 (2) "The conservation authority shall exercise and perform the powers and duties of a drinking water source protection authority" (SPA) Historically the NVCA board members have been the same members as the Source Protection Authority members, with minor exception. Please confirm your Municipal representative(s) on the Nottawasaga Valley Source Protection Authority. It has been the practice of the NVCA to hold quarterly Source Protection Authority meetings immediately following the regular scheduled board meeting. Please provide written confirmation of your membership to Laurie Barron, Executive Assistant at IbarronO- nvca.on.ca by April 25, 2011. Thank you in advance for your attention to this administrative matter. Regards � A,4 ) a!W -- Wayne R. Wilson CAO Secretary- Treasurer Copy: Chair Benotto and Board Members Celebrating 50 Years in Conservation 9960 -2010 NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1TO Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin @nvca.on.ca Page 87 of 147 13b) - Correspondence dated March 31, 2011 From: Austin, Donna [mailto:Daustin @scdsb.on.ca] Sent: March 31, 2011 4:04 PM To: Irwin, Doug Subject: SCDSB Partnership Recognition Evening - Invitation to the Township of Oro - Medonte Dear Doug Irwin Attached please find an invitation with information on an upcoming Partnership Recognition Evening hosted by the Simcoe County District School Board. The event will be held on Tuesday May 10th from 4:00 pm to 6:30 pm. The event will be held at the Education Centre, in the Roy Edwards Room. The Simcoe County District School Board invites a representative from your organization to attend this event to celebrate your contributions towards student success. We would ask that you please R.S.V.P. by Friday April 15 to Donna Austin at daustin(a)scdsb.on.ca or (705) 734 -6363 Ext. 11339. Dinner will be provided. We hope that you can join us for this special evening. Thank you. Donna Austin Assistant Manager of Community Use Simcoe County District School Board 734 -6363 Ext. 11339 daustin(a)scdsb.on.ca Page 88 of 147 13b) - Correspondence dE nvited Simcoe County District School Board Cooperative and collaborative community partnerships are part of the foundation of a strong, vibrant and sustainable publicly funded education system. 04 , i Tuesday May 10, 2011 4 pm to 6:30 pm Simcoe County District School Board Education Centre 1170 Highway 26, Mldhurst, Ontario Dinner & Entertainment will be provided Partnership RECOGNITION EVENING The Simcoe County District School Board invites a representative of your organization to attend the Partnership Recognition Evening to celebrate your contributions towards the success and well -being of SCDSB students through supportive, encouraging and educational experiences. RSVP by April 15, 2011 to: Donna Austin, Assistant Manager of Community Use Simcoe County District School Board 705 734 -6363, ext. 11339 Simcoe County District School Board 13c) - Correspondence dated April 4, 2011 ... From: Barbara Stewart Sent: April 4, 2011 10:56 AM To: Irwin, Doug Subject: Oro - Medonte Line 7 North Dear Mr Irwin; I have had some correspondence with Jerry Ball about the planned paving of Line 7 north from the Moonstone Road to the dead end. As a property owner on this road, I am requesting that this item be brought forward for discussion at the next Council Meeting. The points which I would like raised are the following: 1. there are only 3 full -time residents on the road- at least one of them (Peter Lumree) is not in favour of the paving. The residents of the three houses at the northerly end of the road do not favour the paving. 2. the road is a dead -end and is already a route for curious or lost drivers. These drivers tend to travel at speeds far in excess of that which the conditions and nature of the road dictate. There is a steep bank at the dead end and more than one car that has been travelling at a high speed has gone off the road at this point. In the last month, a car hit the stone markers at the entrance to the house at the dead end - this would not be possible if one was driving responsibly. As the road is a dead end, I fear that paving this section will likely increase the already high speed these drivers, and make it a convenient location for racing or other undesirable activities I doubt that the speed on this section of the road or careless driving will ever be radar enforced or policed. 3. the road has several low spots that consistently overflow in thaws and heavy rain. Paving the road will allow less run -off and will create potentially hazardous conditions. I would very much appreciate it if you would put this item on the agenda for the next Council Meeting and get back to me with the members' views. At a minimum, I believe that further study of the necessity of paving this road be considered. Thank you very much for your attention to this matter. Barbara Stewart Page 90 of 147 13d) - Correspondence dated March 31, 2011... Kenneth G. Tran A.M.C.T. 1514 Line 9N RR #2 Hawkestone, On LOL 1T0 � E� m,. .AL 94v. /.yti0 ;: 1 APR 0 4 1011 March 31, 2011 Township of Oro - Medonte 148 Line 7 S, Box 100 Oro, Ontario LOL 2X0 RE: Estate of George Tran Dear Doug Irwin and Council: IMFED0NTE I am enclosing a cheque in the amount of $250.00 for you to proceed with the appropriate documents etc. to correct the property boundaries for the old road allowance along the Barrie Road. The parcel in question is inside our field that we have farmed since 1953. There is also a tax bill for the lot in question with this road allowance, for which we have paid taxes for 20 -30 years. I need to have this issue corrected in order to clear up dad's estate. I would, on her behalf, request as much as possible in fees etc. to be forgiven by the township and request that payment of whatever appropriate fees be paid for at the completion of this issue. Our family, I feel, have been good corporate citizens of this municipality since 1953 and dad was even an employee of the township in the late 1950's. I am enclosing documents which I have obtained already to assist you if you need and would ask that if I can provide further assistance, please contact me directly by phone at , or fax The legal part of this transaction is to be performed by our lawyer, Joy Levison in Barrie. Thank you for your co- operation and understanding in this matter. Yours truly, /"°q .41t1 Kenneth G. Tran, Executor for the Estate of George Tran Encls. Page 91 of 147 13d) - Correspondence dated March 31, 2011... �j C Township of �p November 22, 2010 Proud Heritage, Exciting Future K. Joy Levison Barrister and Solicitor 34A Clapperton Street Barrie, ON L4M 3E7 Re: Estate of George Edward Tran Pt. Lot 10, Conc. 9, Township of Oro - Medonte Dear Ms. Levison: This will confirm receipt of your correspondence addressed to Mr. Harry Hughes, dated October 28, 2010 with respect to the above -noted matter. Upon reviewing your correspondence and our files, it was determined that the most recent correspondence the Township has regarding the above is dated in 1982. Please find attached By -Law No. 2007 -83, and amending By -Law Nos. 2007 -104 and 2009 -114, which establish a policy /procedure with respect to the sale and other disposition of land. Also attached is an excerpt of By -Law No. 2010 -093, the Township's Fees and Charges By -Law. Item #9 identifies a non - refundable Administration Fee which will allow staff to proceed with the matter. If you would like to proceed, please remit the $250.00 non - refundable fee, to my attention. Should you have any questions or concerns, please contact the undersigned. Regards, Ar /Doug/ rwir Director 0' Corporate Services /Clerk /11 encl. 148 Line 7 South, Box 100 P: (705) 487 -2171 viww .oro-iiiedonte.ca Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 92 of 147 13d) - Correspondence dated March 31, 2011... Barrister and Solicitor 34A Clapperton Street Barrie, Ontario, L4M 3E7 AREAS OF PRACTICE: Real Estate, Corporate /Commercial Wills and Estates, Family Low Township of Oro - Medonte Box 100 Oro, ON LOL 2X0 Attention: Mr. Harry Hughes Dear Mr. Hughes: Tel. (705) 737 -5410 Fax (705) 737 -5418 October 28, 2010 i NOV €t i 21)10 P Re: Estate of George Edward Tran Pt. Lot 10, Cone. 9, Township of Oro - Medonte I am the solicitor for the Estate of Mr. George Tran. We have had some difficulty in clearing title to Mr. Tran's property. Enclosed herein is Parcel PIN Register for 58540 -0016 (LT) reflecting that the Corporation of the Township of Oro - Medonte is the registered owner of Parts 3 and 5 on Plan 5111- 10064. Enclosed is copy of that Reference Plan for your information and the subject parcel has been marked in pink thereon. When Mr. Tran first approached the Township, he was advised that since this was a County Road, it was a County issue. I would nonnally agree, however the original road allowance and the original diversion road belonged to the Township of Oro, and when the County assumed jurisdiction, it was only the parcel which I have outlined in green which would become County property and the residuals, being Parts 3 and 5 remain registered in the Township's name. If you require clarification, I would be more than happy to speak with you regarding this matter. If the Township is agreeable I will prepare a quit claim deed which would confirm title in Mr. Tran's name. Also, kindly advise as to the Township's solicitor's name that I might message the deed to them. KJL/blc Enclosures Y rs Vly, K Page 93 of 147 13d) - Correspondence dated March 31, 2011... �a w R F c ao H a x a � w O O q � � F Q W 2 o H a O h O � w h N a V O Z O ry w o w w F W K C q 4 w a H w w O F u a M o N N � w q W R H w v Fr f W� n7 ? U w � r � N ry b W a y `� q O� p N p yp a N o E h E o w O twi R u�1 O a p JI ((aa�� SOi F o K m w 9 E a o w iZ m R N o w W N W O Q q � y F p H V' W U R N z Oz � � 4 K a N p u D ❑ H 7 z z N z a O w� W a ® a 2 . � qw F p y.y 4w a 00 0 ® E o W 0 m H H w µ N U �a F c H � w O � F Q W a h O � w h N w o o C q 4 a M o N N � w q W R F Fr f W� n7 ? U w H t y wy+ t� $ ry b W `� q O� p O D r yp a 1y gyp+ E h E Page 94 of 147 13d) - Correspondence dated March 31, 2011... m xr; UP ¢F H sN aim a@ t xo a za z � - ° QI QJ . �We c j qaa o 01 ONv 5 S Z OD N� O 0) a: z Q W O LL N OJ `� 1 rWZ s wV W a�iz �zw m 4, e Wo� J C-- ul mw moo°° W 0 E- fa W� ` � yl oZVao JO ~q � a °I w�OOn Qa W'� &!. to co OF- a a ia. Tl �O� a. q� 7D Q 0 ho z t b == o M� N - Q Q q Re `��ycx T= F` " 046000=v38v Page 95 of 147 15a) - A By -Law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2011 -054 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and K.J. Beamish Construction Co. Limited, for Hot Mix Paving for the North and South Yards (Tender TES2011 -01) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C110323 -16, the successful bidder of Tender TES2011 -01 to be K.J. Beamish Construction Co. Limited; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2011 -01, for the supply of hot mix paving for the North and South Yards; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2011 -01 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF APRIL, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 96 of 147 15a) - A By -Law to Authorize the Execution... Schedule "A" to By -law No. 2011 -054 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2011 - 01 TENDER FOR HOT MIX PAVING Page 97 of 147 15a) - A By -Law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS 9 :00 A.M. ON MONDAY, MARCH 14, 2011 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Monday March 14, 2011 at 10 :00 a.m. This tender is general in nature, except that separate Forms 1 and 2 will be used The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each Form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2011 -01', and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 The Contractor may bid on the tender for the North Yard or the South Yard, or bid on both locations. The Contractor must grade and compact prior to paving on each section. To supply and place hot mix asphalt at various locations throughout the municipality. The Contractor must supply and place shoulder gravel on each road section after paving. 2 Page 98 of 147 15a) - A By -Law to Authorize the Execution... CONTRACT NO. TES2011 -01 NOTICE TO BIDDERS 1. Workplace Safety and Insurance The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic Protection Plan, in accordance with Book #7. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2011 -01. The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. If the tendered amount is in excess of the budgeted amount and varies by more than 20 %, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. PLEASE REVIEW THE ASPHALT CEMENT PRICE INDEX CLAUSE AT THE BACK OF THE TENDER. 6. Accessibility for Ontarians with Disabilities i. The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. Page 99 of 147 15a) - A By -Law to Authorize the Execution... TENDERING REQUIREMENTS Tender Deposit A certified cheque made payable to the Township of Oro- Medonte for 10% of the total bid must accompany this tender. The certified cheque of the successful bidder will be retained until the Municipality's acceptance of the work. The certified cheques of unsuccessful bidders will be returned within fourteen (14) days of tender opening. Tenders not accompanied by a certified cheque will not be considered. Basis for Reiection of Tender Tenders may be rejected for any one of the following reasons: a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid), e) Qualified or conditional bids; f) Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER *. Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner: i. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.0. 1990 C. 0.1) and regulations, made under that statute. ii. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. M Page 100 of 147 15a) - A By -Law to Authorize the Execution... ' Occupational Health and Safety (cont'd.) Vi. The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub - Contractors, may invalidate the Contract. A. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub- Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability Insurance: The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penalty Clause If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. 5 Page 101 of 147 15a) - A By -Law to Authorize the Execution... TENDER FOR CONTRACT NO. TES2011 -01 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements ", made payable to the Township of Oro- Medonte. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. I/We (the Contractor) promise to commence work on; Ir}l A-i i 1 ., Zo % 1 (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete 80% of the work by June 2e, 2011 and the remaining 20% of the Contract by September 30th, 2011. K. J. Beamish Construction Co. LTD. P.O. Box 2177 BY: ORIUIA, Ontario Name of Firm or Individual (Hereinafter referred to as the "Contractor ") Tel.. 705- 325 -7447 Fax 705- 325 -7002 Address f -i . Name of Person Signing for Firm (Signature) Vr Le - Pr&--s o r Office of Person Signing for Firm Telephone No. Page 102 of 147 15a) - A By -Law to Authorize the Execution... GENERAL CONDITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 310, un less stated otherwise, and is pertinent to this Contract. Traffic control, as outlined in Book #7, shall be strictly adhered to by the Contractor at all times. Flagmen, who must be supplied by the Contractor, shall wear protective, fluorescent clothing, hard hats and green patch safety boots. All conditions as outlined in the Ministry of Transportation Forms 100, 314 and 310, must also be adhered to by the Contractor. The Contractor shall have the current above -noted Ministry of Transportation specification numbers in his possession, or a thorough knowledge of what is contained within them. Regulations The Contractor shall abide by all Acts, By -laws and Regulations relative to the performance of the work. Completion Time shall be of the essence of this agreement. Payments Monthly payments for work done may be paid up to 85% of the estimated value of the work performed. Within thirty -seven (37) days of the date of acceptance of the completed Contract, the remaining 15% will be released to the Contractor. Asphalt Asphalt must be approved M.T.O. mix design having the approval of the Director of Transportation and Environmental Services or his Representative. Aggregate must be from an approved commercial source. Equipment The Contractor shall provide all equipment in excellent condition necessary to complete the required works. Bituminous pavers equipped with automatic screened controls of approved types must be supplied by the Contractor. Except where noted below, single pavers, or the lead paver when pavers are operated in echelon, shall be controlled by a 12 m ski or 12 m floating beam. Where such a ski is a flexible unit, it shall be equipped with a spring tensioned wire extending between brackets fitted on and slightly above each end of the ski. The sensing grid shall ride in the wire, not on the ski. 7 Page 103 of 147 15a) - A By -Law to Authorize the Execution... Eauipment (contd. When two or more pavers are in echelon, pavers following the lead paver shall use joint - matching shoes designed for the purpose, which shall ride on the previously placed uncompacted mat. The automatic transverse slope shall be set for the cross fall desired by the Director of Transportation and Environmental Services and shall be capable of being operated from either side of the paver. A self - propelled pneumatic tired roller with a self - contained tire inflation system may be used for intermediate and final rolling. However, should the finished rolled surface not prove satisfactory to the Director of Transportation and Environmental Services or his Representative, then a steel wheel roller will be required by the Contractor. Page 104 of 147 15a) - A By -Law to Authorize the Execution... CONTRACT NO. TES2011 - 01 TENDER FOR HOT MIX PA VING Schedule of unit prices attached to and forming part of the tender for Contract No. TES2011 -01 FORM 1- SOUTH YARD i�1 L ®CA7°l ®iV" �ESCR/P7°lON Cl/VAT'STIIVITED ON-1T " AUf197" O.UAI��l7°d�S' ' PRICE, 310 South Yard Area Supply and Apply Hot Mix HL.4 surface course Tonnes 7,996 $ $' Fine Grading and Comp action , 65,100 $ 0 5 $ 3,a55M Shoulder Gravel Tonnes 1,660 $ .20 $ ;R 5ag D P.S.T. G.S.T. $ 103,;4U TOTAL TENDER $54g1155D1 Me hereby agree that the work specified and the material required in the Contract will be performed in strict accordance with the specifications in this tender. Signed at the r ry of /,q in the County of_ �_.� c, this day of c N • , 2011. K.J. BEAMISH "S co. LIMITED PER ........ .. Signatur o Contractor or Signature of the Corporation Witness Position Held Seal of Corporation Name and Telephone No. of Person To be Contacted for Ordering Supply 9 Page 105 of 147 15a) - A By -Law to Authorize the Execution... CONTRACT NO. TES2011 -01 TENDER FOR HOT MIX PAVING I/We hereby agree that the work specified and the material required in the Contract will be performed in strict accordance with the specifications in this tender. Signed of the d f r of 0/o/z,c in the County of this day 1�/i �G Y y , 2011. K.J. SEAPJJISH C i 47 cb. LIMITED _l wgHarure onrracror or Witnesse osition Held Name and Telephone No. of Person To be Contacted for Ordering Supply Signature of the Corporation Seal of Corporation zo Page 106 of 147 Schedule of unit prices attached to and forming part of the tender for Contract No. TES2011 -01 FORM 2 - NORTH YARD 15a) - A By -Law to Authorize the Execution... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this / 4 day of L H 4 C# 2011. BETWEEN Q p V. 1- 9 illI� f� J (AU6��� of the C L T , 4 b C &) 4 t t_ i tq in the District or County of S 1 -tq C,9 C and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 11 Page 107 of 147 15a) - A By -Law to Authorize the Execution... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 30th day of September, 2011 The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. K.J. BEAMS C TR CO. LIMITED PER ........... ....... VICE -PRES. Signature of Contractor, or K.J. EEAMIS . TION CO. LIMITED PER ...... .......... r: :.......... ............... VICE - -PRES. Signature of Corporation Seal of Corporation Signature of the Clerk Signature of the Mayor with Seal 12 Page 108 of 147 15a) - A By -Law to Authorize the Execution... Page 109 of 147 ` PENETANGUISHENE ROAD _ _ O 0 - : UNEIN _ D L- 7 . LINE 2N I S' ;LINE LINE 315 Nit LINE45 UI�E4N .- . UNE 5 5 , LINE $ N - nlr UNI:BIS CN�N _ _ 0 UNEI,'W _ UNE I a ,t,. I �^ 4.INE L;N X 0� m a -h � O qNE 9 N < CL �LINEIOS "I_ ONE 1pW CL LINE 1� N o m I m - d � mi o . -LINE 12 S d. LINE,1l IN O LINEj13S LINE 1 ., - ° UNE 14.5_ _ONE 1,4 4 IUNEf�l5 �S I�NE 15 N \ fin ;WOODLANp'DRIVE A � a Page 109 of 147 15a) - A By -Law to Authorize the Execution... Page 110 of 147 �INEj - _ SCARLETTLINE -._ ,. LINE 2 N - - _ UN4 2 N a _ - m r` - LIME 3 !� _ UNE N,., _ w .. • �' m r _ ,r �+ !LINE 4 N ` D y Z D ., 0 Q LINE 5 N LINE 5 v m i O D 0 ; LINE 7 � , „ iLINE 7 N _ 9 k, r LINE8:N I Ta _ s LIFE LINE 9 N: .v LINE A D a 71 m - ,LIME' 11 N v, m In, to _ y G o 2 °m - O o D _LIwE2 N - A E SON LIME u :. e . En 3 LINE N;, _ NNS LINEI 0 g dpyH: -,T6wNLINE , Q O _ o . Page 110 of 147 15a) - A By -Law to Authorize the Execution... PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX The Township of Oro - Medonte will adjust the payment to the Tenderer based on changes to the Ministry of Transportation performance graded asphalt cement price index. The price index will be published monthly in the Contract Bulletin. The price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted in the Work. The price index will be based on the price, excluding taxes, FOB the depots in the Simcoe County area, of asphalt cement grade PG 58 -28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs, when the price index for the month differs by more than 5% from the price index for the month of April, 2011. When the price index differential is less than 5 %, there will be no payment adjustment established for that month. Payment adjustments, due to changes in the price index, are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted in the Work during the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that has been granted. The payment adjustment for the month will be calculated from the following formulae: 1. When Ip is greater than 1.05 ITO, the payment adjustment per tonne of asphalt cement is (Ip — 1.05 ITO) and the Contractor receives additional compensation of: PA = (Ip — 1.05 ITO) X quantity of new asphalt cement in tonnes. 2. When Ip is less than .95 ITO, the payment adjustment per tonne of asphalt cement is (.95 ITO — Ip) and the Owner receives a rebate of: PA = (.95 ITO — Ip) x quantity of new asphalt cement in tonnes. Page 111 of 147 15b) - A By -Law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2011 -055 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Duncor Enterprises Inc. for Slurry Seal (Tender TES2011 -02) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C110323 -16, the successful bidder of Tender TES2011 -02 to be Duncor Enterprises Inc.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2011 -02 for the supply of slurry seal; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2011 -02 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF APRIL, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 112 of 147 15b) - A By -Law to Authorize the Execution... Schedule "A" to By -Law No 2011 -055 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE CONTRACT NO. TES2011 -02 TENDER FOR SLURRY SEAL Page 113 of 147 15b) - A By -Law to Authorize the Execution... TENDER CLOSING DATE IS 9.00 A.M. ON MONDAY, MARCH 14,2011 (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Monday, March 14, 2011 at 10:00 a.m. This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2011 -02" and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL W. If tenders are delivered by hand, they shall be delivered to the office of the Clerk, Township of Oro - Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0. For further information, please contact. Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487-2171 2 Page 114 of 147 15b) - A By -Law to Authorize the Execution... NOTICE TO BIDDERS 1. Workplace Safety and Insurance L The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic Protection Plan, in accordance with Book #7. The Contractor shall indemnify and save harm less the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2011 -02. The Township of Oro - Medonte requires the Contractor to enclose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered amount. Payment will be made on the unit price tendered. 4. If the tendered amount is in excess of the budgeted amount and varies by more than 20 1 0, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 6. Accessibility for Ontarians with Disabilities The bidder shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro - Medonte must, in deciding to purchase goods or services through its procurement process, consider the accessibility for persons with disabilities to such goods or services. Page 115 of 147 15b) - A By -Law to Authorize the Execution... U i�jTi� Tender Deposit A certified cheque made payable to the Township of Oro- Medonte for 10% of the total bid or optional to the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit" for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The cheque or Letter of Credit of unsuccessful bidders will be returned within fourteen (14) days of tender opening. The cheque or Letter of Credit of the successful bidder will be retained until the Municipality's acceptance of the work. Tenders not accompanied by a certified cheque or Letter of Credit will not be considered Basis for Rejection of Tender Tenders may be rejected for any one of the following reasons: a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid); e) Qualified or conditional bids; f) Bids not properly signed and sealed. *EACH BIDDER MUST COMPLETE THE TWO -PAGE "AGREEMENT" PORTION LOCATED AT THE END OF THIS TENDER* Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub- Contractors) engaged by or on behalf of the Owner: i. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. fl. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. 4 Page 116 of 147 15b) - A By -Law to Authorize the Execution... Occupational Health and Safety (contd. ) A The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub - Contractors, may invalidate the Contract. vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability Insurance; The Contractor shall take out, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. Penalty Clause If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. Page 117 of 147 15b) - A By -Law to Authorize the Execution... The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements" made payable to the Township of Oro- Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tendered amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. I/We (the Contractor) promise to commence work on: As Direct By T ow n ship (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. August 31.2011 (To be completed by Municipality) By. D,uncor Enterprises Inc. Name of Firm or Individual (Hereinafter referred 101 Big Bay Point Road to as the "Contractor ") Barrie", Ontario L 4 N 8M5 Address I . _; CAI � Bruce A. Duncan Name of Person Signing for Firm (Signature) President Office of Person Signing for Firm 705 - 730 - 1999 Telephone No. Page 118 of 147 15b) - A By -Law to Authorize the Execution... CONTRACTNO 1 ; f. TENDER FOR SLURRY SEAL We are pleased to submit the followings prices for work in Oro- Medonte Township during the coming season: To supply and apply slurry seal to various roads within the Township of Oro- Medonte. Estimated Area: 65.600 square metres Price Per Square Metre: TOTAL $ 128968 .00 P. S. T. $ (if applicable) H.S.T. GLE $ _16765.84 GRAND TOTAL $ 145733 84 Me hereby agree that the work specified and the material required in the Contract will be performed in strict accordance with the specifications in this tender. Signed at the City of Barrie in the County of Simcoe this 11 day of M ar c h 2011. Signature of Contractor or, Witnesses and Position Held Signature of the Corporation Seal of Corporation Company:. Duncor Enterprises Inc. Address: 101 Big Bay Point Road Telephone: 705 7 30 - 1999 Barrie, Ontario L4N 8M5 Page 119 of 147 15b) - A By -Law to Authorize the Execution... P REPARATION OF SURFACE (SWEEPING AND VACUUM CLEANING): Normal street cleaning will be carried out by the Contractor prior to surface treatment. However, due to problems created by parked vehicles and scheduling, it is contemplated that additional cleaning of all surfaces with a vacuum type sweeper may be required immediately prior to the sealing operations. The additional cleaning required to ensure proper application of the slurry mixture will be the Contractor's responsibility, at no additional cost to the Township. APPLICATION OF SLURRY SEAL SURFACE The slurry mixture shall be of the desired consistency when applied on the surface and no additional elements shall be added, but total time of mixing shall not exceed four minutes. A sufficient amount of slurry seal shall be carried in all parts of the spreader at all times so that complete coverage is obtained during application of the mixture, which shall not proceed at speeds exceeding 60 metres per minute. The rate of application shall be 6.5 to 7.8 kilograms per square metre. Special care should be exercised by the Contractor to ensure that leakage of emulsion does not occur at longitudinal joints through worn spreader box squeegees, or that an excessive amount of emulsion does not build up at transverse joint locations during remount periods of the slurry machine. Any such occurrences should be rectified by removing from the roadway surface, those excess amounts by squeegee or other suitable means. Slurry seal shall not be applied when either the ambient or pavement temperature is 30 degrees Celsius and falling, but may be applied when both the ambient and pavement temperature is 70 degrees Fahrenheit and rising. The Slurry seal shall be applied only when weather conditions are conducive to obtaining a satisfactory surface and shall not be applied during periods of abnormally high relative humidity. Page 120 of 147 15b) - A By -Law to Authorize the Execution... SPECIFICATIONS FOR EMULSIFIED ASPHALT SLURRY SEAL SURFACE DESCRIPTION The work covered by this specification consists of furnishing all plant, labour, equipment and materials and performing all operations, including traffic control, necessary in connection with the application of a slurry seal surface, complete, in strict accordance with this specification. The slurry seal shall consist of a mixture of emulsified asphalt, mineral aggregate, Portland Cement mineral filler, and water, properly proportioned, mixed and spread on the surface as specified herein and as directed by the Director of Transportation and Environmental Services. MATERIALS AND APPROVAL The Contractor shall advise the Director of Transportation and Environmental Services of the source of materials, the mix proportions and the aggregate gradings, which he proposes to use, and shall obtain the Director of Transportation and Environmental Services' approval of materials, as well as mix proportions, prior to commencing the work. Samples shall be taken periodically during the progress of the work to ensure conformance with the specifications approved. All materials incorporated in the work shall meet the following requirements: (a) Asphalt Emulsion The asphalt emulsion shall be rapid setting type specially designed for slurry seal work, and as approved by the Director of Transportation and Environmental Services. (b) Agprepate The aggregate will consist of clean, sound, durable limestone screenings, which shall be free of clay, loam and other deleterious materials. Portland Cement mineral filler shall be considered part of the blended aggregate. The final aggregate gradation, including mineral fillers, if required, shall fall within the following limits: Sieve Size % Passing 9.5 mm 100 4.75 mm 85-100 2.36 mm 65-90 1.18 mm 45 -70 600 ,U m 30-50 30011 m 18-30 150um 10 -21 75,um 5 -15 (c) Water All water used with the slurry seal mixture shall be potable and free from harmful soluble salt. 9 Page 121 of 147 15b) - A By -Law to Authorize the Execution... CO MPOSITION OF SLURRY SEAL The amount of asphalt emulsion to be blended with the aggregate shall be adjusted to secure a residual asphalt content of 75 to 13.5% by weight of dry aggregate in the finished seal coat. Only the least amount of water necessary to obtain a fluid and homogeneous mixture without segregation shall be added. At all times, segregated mixes will be rejected. The Contractor shall, at his own expense, make trial batches to determine the ultimate blend of mineral aggregate and residual asphalt. The Director of Transportation and Environmental Services shall give final approval to the design used. EQUIPMENT All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working condition subject to the approval of the Director of Transportation and Environmental Services. (a) Mixer The slurry seal mixing machine shall be a continuous flow mixing unit equipped for delivering accurately metered proportions of water, aggregate, fines and asphalt emulsion to a revolving spiralled multiblade mixer tank and to discharge the thoroughly mixed product on a continuous basis. A minimum of two (2) slurry seal units shall be used APPLICATION OF SLURRY SEAL SURFACE: Approved hand squeegees shall be used to spread slurry in areas non - accessible to the slurry mixer. The Contractor will provide and maintain suitable protection on manhole covers, catch basins and open grates during spreading operations. A light film of coal oil is to be applied to all covers and castings prior to spreading and same are to be brushed clean of slurry following application. The successful bidder will, at am times, work in close liaison with the Township of Oro - Medonte Director of Transportation and Environmental Services, or his Representative, and all works shall be done solely at the discretion of the Director of Transportation and Environmental Services. WORKING TIME LIMITS. The Contractor will be allowed to carry out operations only during daylight hours between 7:00 a.m. and 5:00 p.m., Monday through the following Friday, except Statutory or Civic Holidays, unless otherwise approved or directed by the Director of Transportation and Environmental Services. The work is to be completed during the time period of May 30, 2011 to August 31, 2011 Eif] Page 122 of 147 15b) - A By -Law to Authorize the Execution... TRAFFIC CONTROL The Contractor will be responsible for all traffic control and will supply all traffic control devices as specified in, and will comply with Ministry of Transportation and Township By -laws. No compensation other than that provided under the Contract unit price will be made for protection of the work or for the control of traffic. Any damage to the new surface during the curing period done by traffic or the Contractor's equipment will be repaired at the Contractor's expense. MEASUREMENT AND PAYMENT The slurry seal surface shall be measured and paid for by the square metre of work completed and accepted as designated by the Director of Transportation and Environmental Services. Payment shall include all costs arising in performing the work, including plant, labour, equipment, materials, and all other costs, except costs resulting from operations detailed under Traffic Control. QUANTITIES The Contractor will supply sufficient equipment, labour and materials to complete a minimum of 12,000 square metres per working day. SUB - CONTRACTORS The Contractor shall not use sub- Contractors, unless otherwise approved and is at the sole discretion of the Director of Transportation and Environmental Services. PREVIOUS EXPERIENCE The Tenderer shall submit a resume of previous experience. List below other slurry seal contracts undertaken by Tenderer: YEAR ;; AUTHORITY . VOLUME z 2010 Slurry Seal Township of Oro -Medon e 164,400 sq.m. 2010 Slurry Seal Township of Clearview 136,500 sq.m. 2010 Slurry Seal MTO- Huntsville 126,000 sq.m. 2010 Slurry Seal Township of Ramara 42,000 sq.m. 11 Page 123 of 147 15b) - A By -Law to Authorize the Execution... AW All roadways will require the use of quick breaking slurry; the emulsifier shall be INDULIN MOO" or the equivalent. The Contractor will quote the material used and supplier of the (wick Set Emulsifier, for approval by the Director of Transportation and Environmental Services. 12 Page 124 of 147 15b) - A By -Law to Authorize the Execution... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 11 day of March 2011. BETWEEN; Duncor Enterprises Inc. ofthe City of Barrie in the District or County of S m c o e and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 14 Page 125 of 147 15b) - A By -Law to Authorize the Execution... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 31st day of August. 2011 The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro- Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 15 A ii 7 gnatur26o poration Seal of Corporation Page 126 of 147 15c) - A By -Law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2011 -056 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Da -Lee Dust Control for "Dark Journal" Virgin Oil (Tender TES2011 -03) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C110323 -16, the successful bidder of Tender TES2011 -03 to be Da -Lee Dust Control.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2011 -03 for the supply of "Dark Journal" Virgin Oil; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2011 -03 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF APRIL, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 127 of 147 15c) - A By -Law to Authorize the Execution... Schedule "A" to By -Law No. 2011 -056 TENDER FOR THE TOWNSHIP OF ORO- MEDONTE C NO, TE 03 T� 0W Page 128 of 147 15c) - A By -Law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER CLOSING DATE IS = ' t a (Lowest or any tender not necessarily accepted) Tenders will be opened at the Administration Centre on Monday, March 14, 2011 at 10 :00 a.m. This tender is general in nature. The actual works to be done, or materials purchased, will be administered by the Transportation Services Department as tendered. Please provide all the documentation required for each form. Tenders shall be enclosed in a sealed envelope marked "Tender for Contract No. TES2011- 03" and addressed to Doug Irwin, Clerk, Township of Oro - Medonte, Box 100, ORO, Ontario LOL 2X0. If tenders are delivered by hand, they shall be delivered to the Office of the Clerk, Township of Oro- Medonte, Administration Centre, 148 Line 7 South, ORO, Ontario LOL 2X0, For further information, please contact: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services Township of Oro - Medonte Telephone: (705) 487 -2171 2 Page 129 of 147 15c) - A By -Law to Authorize the Execution... CONTRACT NO. TES2011— 03 NOTICE TO BIDDERS 1. Workplace Safety and Insurance L The Contractor shall provide the Township with a Clearance Certificate from the Workplace Safety and Insurance Board saying that all dues and assessments payable under the Workplace Safety and Insurance Act, with respect to his employees or operations, have been complied with and shall ensure that the Certificate is valid for the duration of this Contract. The Contractor shall provide the Corporation with proof of a renewed Certificate at least 30 days prior to expiry. 2. The Contractor must also supply the Township of Oro - Medonte with a copy of a Traffic Protection Plan, in accordance with Book #7. The Contractor shall indemnify and save harmless the Corporation in respect to all charges, costs, expenses and claims, whatsoever, in connection with this Contract No. TES2011- 03. The Township of Oro - Medonte requires the Contractor to enc lose with the tender, an "Operator's CVOR Abstract" containing the Operator's Performance Record for the current year of the tender. 3. Please note that this tender will be awarded on the tendered amount Payment will be made on the unit price tendered. 4. If the tendered amount is in excess of the budgeted amount and varies by more than 20 %, the Township reserves the right to reduce quantities to match budget amount without notice or re- tender. 5. All work is to be performed under the supervision of the Director of Transportation and Environmental Services or his Representative. 6. Accessibility for Ontarians with Disabilities The bidder shall comply with the provisions of the Accessibility for Ontadans with Disabilities Act, 2005, and the Regulations there under with regard to the provision of its goods or services to persons with disabilities. The bidder acknowledges that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Township of Oro- Medonte must, in deciding to purchase goods or services through' its procurement process, consider the accessibility for persons with disabilities to such goods or services. 3 Page 130 of 147 15c) - A By -Law to Authorize the Execution... TENDERING REQUIREMENTS Tender Deposit A certified cheque made payable to the Township of Oro - Medonte for 10% of the total bid or optional to the tender deposit, a bidder may provide an irrevocable certified "Letter of Credit" for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The cheque or Letter of Credit of unsuccessful bidders will be returned within fourteen (14) days of tender opening. The cheque or Letter of Credit of the successful bidder will be retained until the Municipality's acceptance of the work. Tenders not accompanied by a certified cheque or Letter of Credit will not be considered. Basis for Rejection of Tender Tenders may be rejected for any of the following reasons: a) Bids received after closing date; b) Bids received on other than the tender form supplied; c) Bids not completed in ink or by typewriter; d) Incomplete bids (all items not bid); e) Qualified or conditional bids; f) Bids not properly signed and sealed. Occupational Health and Safety 1. The following requirements and conditions shall be included in all agreements with Contractors (and sub - Contractors) engaged by or on behalf of the Owner. Contractors acknowledge that they have read and understood the Occupational Health and Safety Act (OHSA) (R.S.O. 1990 C. 0.1) and regulations, made under that statute. ii. The Contractor shall comply with all health and safety requirements established by the Occupational Health and Safety Act and regulations, the Owner and any applicable industry standards. The Contractor agrees to assume full responsibility for the enforcement of same. iii. The Contractor shall understand that its performance will be monitored and that their overall performance will be a major consideration for future Contracts with the Owner. The frequency and detail of ongoing project monitoring will be dependent upon the nature of the work and safety precautions specified. iv. The Contractor shall allow access to the work site on demand to representatives of the Owner. V. The Owner will take all action necessary to support the Contractor's health and safety efforts and to ensure that the Owner -owned and controlled environments in the vicinity of the project are free from hazards. M Page 131 of 147 15c) - A By -Law to Authorize the Execution... Occupational Health and Safety (contd.) Vi. The Contractor acknowledges and agrees that any breach or breaches of health and safety requirements, whether by the Contractor or any of its sub- Contractors, may invalidate the Contract. vii. The Contractor acknowledges and agrees that any damages or fines that may be assessed against the Owner by reason of a breach or breaches of the OHSA by the Contractor or any of its sub - Contractors, will entitle the Owner to set off the damages so assessed against any monies that the Owner may, from time to time, owe the bidder under this Contract or any other Contract whatsoever. Liability Insurance The Contractor shall takeout, and keep in force until the date of acceptance of the entire work by the Municipality, a comprehensive policy of public liability and property damage insurance acceptable to the Municipality, providing insurance coverage in respect of any one accident to the limit of at least $5,000,000.00, exclusive of interest and cost, against loss or damage resulting from bodily injury to, or death of, one or more persons and loss of or damage to property and such policy shall name the Municipality as an additional insured thereunder, and shall protect the Municipality against all claims for all damage or injury, including death, to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the Contractor or any of his servants or agents during the execution of the Contract, and the Contractor shall forward a certified copy of the policy or certificate thereof to the Municipality before the work is started. The Contractor shall be responsible for any environmental damages caused while applying the product or for two (2) days after applying the product. Penalty Clause If the Contractor shall fail to complete the work in accordance with the Contract and to the satisfaction of the Director within the time limit specified, the Contractor shall pay to the Corporation, in addition to the full cost of inspection, the cost of other supervision and any other direct expenditures, $1,000.00 for each and every day that the work shall remain unfinished after the time limit specified. The reason. of delay in the performance of the said work is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Corporation will suffer by reason as said delay and default and not as a penalty; and the Corporation may deduct and retain the amount of such liquidated damages from any monies due or become due to the Contractor on any account. 5 Page 132 of 147 15c) - A By -Law to Authorize the Execution... TENDER FOR CONTRACT NO. TES2011— 03 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the 'Tendering Requirements ", made payable to the Township of Oro- Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to rile with the Municipality, an executed fonn of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. IMe (the Contractor) promise to commence work on: P5 0��2 (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by. (To be completed by Municipality) BY: Sl'3t z5 aNTrtetc LiKtZs9 :► , )m "D k of Person Signing for Firm (Signature) (Office , of Person Signing for Finn Telephone No. M. , 0*, -iGE Name of Firm or Individual (Hereinafter referred to as the "Contractor') 'l�� Ord C6 Address Page 133 of 147 15c) - A By -Law to Authorize the Execution... GENERAL CONDITIONS The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 900, unless stated otherwise and is pertinent to this Contract. Regulations The Contractor shall abide by all Acts, By -laws and Regulations relative to the performance of the work. Completion Time shall be of-the essence of this agreement. Payments Monthly payments for work done may be paid up to 85% of the estimated value of the work performed. Within thirty- -seven (37) days of the date of acceptance of the completed Contract, the remaining 15% will be released to the Contractor. Engineer or Director of Transportation and Environmental Services Means the Council of the Municipality, or such other person, partnership or corporation as may be authorized by the Council to act on their behalf, in any particular capacity. Weighing Weighing shall be carried out in accordance with OPSS Form 102, current at the time of this Contract. Copies of OPSS Form 102 are available upon request from the MTO District Office. Damage by Vehicles and Other Equipment If at any time, in the opinion of the Director of Transportation and Environmental Services, damage is being done, or is likely to be done, to any highway or any improvement thereon, other than such portions as are part of the work, by the Contractor's vehicles or other equipment, whether licensed or unlicensed, the Contractor shall, on the direction of the Director of Transportation and Environmental Services and at the Contractor's own expense, make changes in or other equipment, or shall alter loading or shall in some other manner, remove the cause of such damage to the satisfaction of the Director of Transportation and Environmental Services. Loading of Motor Vehicles Where a vehicle is hauling material for use on the work under the Contract, in whole or in part, upon a public highway and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit, as specified in the Highway Traffic Act, whether such vehicle is registered in the name of the Contractor or otherwise. 7 Page 134 of 147 15c) - A By -Law to Authorize the Execution... CONTRACT NO. TES2011— 03 TENDER FOR "DARK JOURNAL" VIRGIN OIL Schedule of unit prices attached to and forming part of the tender for Contract No. TES2011- 03 G.S.T. No. I oL74k33c9 Ct,V . $ 11830, 60 G.S.T. $ NIA TOTAL $ /Oa 830, 00 UWe. hereby agree that the work specified and the material required in the Contract will be performed in strict accordance with the specifications in this tender. Signed at the C l' vj of Sr oA)0 Cam- in the County of VQc -T+4 this _ day of (z-c-A ------. Signature of Contractor or Signature of the Corporation Witnesses and Position Held Seal of Corporation b 5A Yo m exI f Name and Telephone No. of Person To be Contacted for Ordering Supply [j Page 135 of 147 l lltl l ,TTfow MA _ ... � TFFTOT L 1. Dark Journal vir in Oil Litres 87,500 `d 1 GO G.S.T. No. I oL74k33c9 Ct,V . $ 11830, 60 G.S.T. $ NIA TOTAL $ /Oa 830, 00 UWe. hereby agree that the work specified and the material required in the Contract will be performed in strict accordance with the specifications in this tender. Signed at the C l' vj of Sr oA)0 Cam- in the County of VQc -T+4 this _ day of (z-c-A ------. Signature of Contractor or Signature of the Corporation Witnesses and Position Held Seal of Corporation b 5A Yo m exI f Name and Telephone No. of Person To be Contacted for Ordering Supply [j Page 135 of 147 15c) - A By -Law to Authorize the Execution... AGREEMENT TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this l day of NA14 H 2011. BETWEEN S ! 3/ 0/�m 21U C�.� 0��¢ D!t -( ®7 ?l�a� of the CfT or in the District or County of Mo /L rdy tA i1 and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF THE WORKS Supplying, hauling and applying "Dark Journal' Virgin Oil to roads within the Township of Oro - Medonte, as directed by the Director of Transportation and Environmental Services or his Representative. 9 Page 136 of 147 15c) - A By -Law to Authorize the Execution... The Contractor further agrees that he will deliver the whole o f the works, completed in accordance with this Agreement on or before the W davm The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. Sig ture of Contractor, or Signature of Corp Seal of Corpora"Itl Signature of the Clerk Signature of the Mayor with Seal 10 Page 137 of 147 15d) - A By -Law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2011 -057 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Dalton R. Lowe and Sons Construction Ltd. for Supply, Haul, Mix and Pile Winter Sand (Tender TES2011 -04) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared, by Motion No. C110323 -16, the successful bidder of Tender TES2011 -04 to be Dalton R. Lowe and Sons Construction Ltd.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. TES2011 -04 for supply, haul, mix and pile winter sand; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. TES2011 -04 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF APRIL, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 138 of 147 26e* - A By -Law to Authorize the Execution... Schedule, "A" to By -Law No. 2011 -057 The Contractor has carefully examined the provisions, plans, specifications and conditions attached to the tender and has carefully examined the site and location of the work to be done under this Contract, and the Contractor understands and accepts the said provisions, plans, specifications and conditions, and for the prices set forth in this tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the provisions, plans, specifications and conditions attached to this tender. Attached to this tender is a certified cheque in the amount specified in the "Tendering Requirements'; made payable to the Township of Oro- Medonte. Optional to the tender deposit, a bidder may provide an irrevocable certified Letter of Credit for 10% of the tender amount issued from a chartered bank on a form acceptable to the Municipality. The proceeds of this cheque shall, upon acceptance of the tender, constitute a deposit which shall be forfeited to the Municipality if the Contractor fails to file with the Municipality, an executed form of agreement for the performance of the work prepared by the Municipality in accordance with this tender and the provisions, plans, specifications and conditions attached hereto, within fourteen (14) days from the date of acceptance of the tender. It is agreed that the tender quantities are estimated only and may be increased or decreased by the Municipality without alteration of the Contract price. THE TOWNSHIP OF ORO- MEDONTE SHALL DEDUCT 10% OFF OF THE TOTAL TENDER CHEQUE FOR EACH DAY THE CONTRACTOR IS OVER THE COMPLETION DATE. I/We (the Contractor) promise to commence work on: %H Rk c. es7(:�4o f�q . aIe (To be completed by Contractor) and to diligently perform the work continuously, without undue delay, and further promise to complete the work by: October 28.2011 (To be completed by Municipality) BY: cow S7iLL4 c- L Q - - 14f.-_3 rhC ft"A`7 2-L-, (Sox ST)--H,462_c-.l cANI � s,D Name of Firm or Individual (Hereinafter referred to as the "Contractor ") Address Name of Person Signing for Firm (Signature) Aump2� S� c- i w c, oFf, r y Office of Person Signing for Firm `1.05- Lc , ae - ' ) , � Telephone No, POAC & O Wc,,6 CUW-- A x•� CerLn n1S,awa: rOK , 6 � ,C JM Saj1k A SLtlLn =1[.e vYu n��'� c �P mF icAi� S Page 139 of 147 15d) - A By -Law to Authorize the Execution... The general conditions of this Contract will be the general conditions as set out in OPS General Conditions and OPS Section 100, unless stated otherwise and is pertinent to this Contract. Regulations The Contractor shall abide by all Acts, By -laws and Regulations relative to the performance of the work. Completion Time shall be of the essence of this agreement. Payments Monthly payments for work done may be paid up to 85% of the estimated value of the work performed. Within thirty -seven (37) days of the date of acceptance of the completed Contract, the remaining 15% will be released to the Contractor. Engineer or Director of Transportation and Environmental Services Means the Council of the Municipality, or such other person, partnerhip or corporation as may be authorized by the Council to act on their behalf, in any particular capacity. Weighing Weighing shall be carried out in accordance with OPSS Form 102, current at the time of this Contract. Copies of OPSS Form 102 are available upon request from the MTO District Office. Damage by Vehicles and Other Equipment If at any time, in the opinion of the Director of Transportation and Environmental Services, damage is being done, or is likely to be done, to any highway or any improvement thereon, other than such portions as are part of the work, by the Contractor's vehicles or other equipment, whether licensed or unlicensed, the Contractor shall, on the direction of the Director of Transportation and Environmental Services and at the Contractor's own expense, make changes in or other equipment, or shall alter loadings or shall in some other manner, remove the cause of such damage to the satisfaction of the Director of Transportation and Environmental Services. Loading of Motor Vehicles Where a vehicle is hauling material for use on the work under the Contract, in whole or in part, upon a public highway and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit, as specified in the Highway Traffic Act, whether such vehicle is registered in the name of the Contractor or otherwise. 7 Page 140 of 147 15d) - A By -Law to Authorize the Execution... MEASUREMENT FOR PAYMENT Measurement for payment, of granular materials, will include only those materials incorporated into the work and accepted by the Director of Transportation and Environmental Services. (a) Tonnage Measurement Should the Contract require payment by the tonne, the method of weighing materials for payment shall conform to the requirements of OPSS Form 102. (b) Cubic Measurement Should the Contract require payment by the cubic metre, one of the two following methods will be employed, as specified in the Contract: (1) End Area Method Volume of materials will be measured in their original position and computed in cubic yards by the method of average end area. (2) Truck Box Method Materials will be measured in cubic metre (loose) by pre- determined truck capacities. The pre- determined capacity of each truck will be that computed from its box dimensions. Loading of each truck shall be kept to not less than the pre- determined capacity of truck. Conversion Factor 1 cubic yard= 0.764 cubic metres 1 cubic metre = 1.3 cubic yards 1 cubic metre = 1.76 tonnes 1 mile = 1.6 kilometres 1 kilometre = 0.6 miles BASIS OF PAYMENT Payment at the Contract price shall be compensation, in full, for the supply of all labour, equipment and materials necessary to complete the work to the satisfaction of the Director of Transportation and Environmental Services or his Representative. I/We (the Contractor) have reviewed the above and understand the procedures implied. Pte: Name of Person Signing for Firm ©mac L-)L) Signature Page 141 of 147 15d) - A By -Law to Authorize the Execution... r •� 4 Sr No, i3�P�� 2Tc W TOTAL TENDER AMOUNT $ Signed at the I0[jr.J� P of f;(a& r-baUi aj in the County of Si u ZoC, this 1 I -T day of 1Hfl2cN , 2011. I tit�y t R- L o wL7 A-to SC:-JS Signature of Contractor or BC6(_0 je Witnesses and Position Held �/}t+ci2iZ�� S� v JJr �frrc) 60 6 (_ OwL Name, Address and Telephone No, of Person To be Contacted Regarding Information and /or Performance of the Contract Tender accepted by Resolution of Council on 1 64 , 2011. 9 Page 142 of 147 SPEC. TEr� ®�R iTn� DES C�,PTI��v.STIn�ATE® ul� ToTAL NO QUANTITY ,' s PRICE= HAUL AND MIX TO 1. 531 TOWNSHIP PATROL. YARD 3,300 Tonnes HAUL, MIX AND PILE IN 2. 531 TOWNSHIP SAND 9,000 Tonnes 5 ,34'(oo. co STORAGE SHED 4 Sr No, i3�P�� 2Tc W TOTAL TENDER AMOUNT $ Signed at the I0[jr.J� P of f;(a& r-baUi aj in the County of Si u ZoC, this 1 I -T day of 1Hfl2cN , 2011. I tit�y t R- L o wL7 A-to SC:-JS Signature of Contractor or BC6(_0 je Witnesses and Position Held �/}t+ci2iZ�� S� v JJr �frrc) 60 6 (_ OwL Name, Address and Telephone No, of Person To be Contacted Regarding Information and /or Performance of the Contract Tender accepted by Resolution of Council on 1 64 , 2011. 9 Page 142 of 147 15d) - A By -Law to Authorize the Execution... CONTRACT NO. TES2 011— 04 FORM - NORTH YARD -4sr No, I S 61 W3«34 IZ 1 a mt . $ no TOTAL TENDER AMOUNT $ Signed at the I OWA , P of in the County of 8I M C Uv this t - D4 day of M Ak C-t-1 2011. OAtTU� k, ( UIF, A,.4D r,S Signature of Contractor or 13W L oL Witnesses and Position Held L Pk Sxi�JGYI 120 O ('►oS �t�863r� Name, Address and Telephone No. of Person To be Contacted Regarding Information and/or Performance of the Contract Tender accepted by Resolution of Council on ` " 'e-t , 2011, 10 Page 143 of 147 SAE TE�/DEI3 ; iTEM .. ®ESCFliP7'IOIV ESTIMATE® -'. UiVIT ®TAB HAUL, MIX AND PILE IN i. 531 TOWNSHIP SAND 7,500 Tonnes ST ORAGE SHED AT PIT HAUL, MIX AND PILE AT 2.. 531 THE TOWNSHIP PATROL 1,300 Tonnes YARD -4sr No, I S 61 W3«34 IZ 1 a mt . $ no TOTAL TENDER AMOUNT $ Signed at the I OWA , P of in the County of 8I M C Uv this t - D4 day of M Ak C-t-1 2011. OAtTU� k, ( UIF, A,.4D r,S Signature of Contractor or 13W L oL Witnesses and Position Held L Pk Sxi�JGYI 120 O ('►oS �t�863r� Name, Address and Telephone No. of Person To be Contacted Regarding Information and/or Performance of the Contract Tender accepted by Resolution of Council on ` " 'e-t , 2011, 10 Page 143 of 147 15d) - A By -Law to Authorize the Execution... This Agreement made, in duplicate, this 11 day of MA CCM 2011. 1`A ro,J 2. 1,0u1E_ 6 S0, 1 S 6000 2ucno� j cao of the Tni,.wsrh p Or- Ci LV (G�,j in the District or County of S Mc o6 and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director of Transportation and Environmental Services or his Representative, to do all the work specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF THE WORKS Contract No. TES2011 - 04 is to supply, haul and mix sand to the Township of Oro- Medonte in quantities as per Form of Tender Contract No. TES2011 - 04. These quantities could vary depending on the amount of sand left at the end of the winter season. The Contractor will be required to refill both sand storage buildings during the winter when notified by the Municipality. The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the 28 day of October, 2011 11 Page 144 of 147 15d) - A By -Law to Authorize the Execution... The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro- Medonte have hereunto signed their names and set their seals on the day first above written. 2. Gouac Ajo so�.ts l ooms rt r���r GPO . Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal Signature of Corporation Por.c.aLaL Seal of Corporation CA iii St6n1t a& as =�(Ct 12 Page 145 of 147 15e) - A By -law to Amend By -law No. 2010 -0... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -058 A By -law to Amend By -law No. 2010 -078, Being a By -law to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers And To Repeal By -law No. 2008 -126, Being a By -law to Appoint a Chief Municipal Law Enforcement Officer WHEREAS the Police Services Act, R.S.O. 1990, ChapterP.15, Section 15, provides the appointment of Municipal Law Enforcement Officers for the purpose of enforcing the by -laws of a municipality; AND WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 224, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro - Medonte did, on the 28 day of April, 2010, enact By -law No. 2010 -078 to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers; AND WHEREAS Council deems it necessary to amend Schedule "A" of By -law No 2010 -078; AND WHEREAS Council of the Township of Oro - Medonte did, on the 24 day of September, 2008, enact By -law No. 2008 -126 to Appoint a Chief Municipal Law Enforcement Officer; AND WHEREAS Council deems it necessary to repeal By -law No. 2008 -126; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That Schedule "A" to By -law No. 2010 -078 be amended by removing "Gary Skelding" 2. That By -law No. 2008 -126 is hereby repealed in its entirety 3. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF APRIL, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 146 of 147 18a) - Being a By -Law to Confirm the Proce... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -053 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, April 13, 2011 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, April 13, 2011, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13 DAY OF APRIL, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 147 of 147