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07 13 2011 Council AgendaPage THE TOWNSHIP OF ORO- MEDONTE 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) Mayor H.S. Hughes, re: Personal matters about an identifiable individual (Physician Recruitment). d) Mayor H.S. Hughes, re: Acquisition /disposition of land (Fairway Court). e) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Staffing Update). f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Human Resources Committee — Closed Session Update). g) Jerry Ball, Director of Transportation and Environmental Services, re: Acquisition /disposition of land (Old Barrie Road). h) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Ingram Road Lands). 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: COUNCIL MEETING AGENDA �—� COUNCIL CHAMBERS Township o��— Wednesday, July 13, 2011 Proud Heritage, Exciting Future 9:00 a.m. - Closed Session Minutes of Council meeting held on June 22, 2011. 10:00 a.m. - Open Session 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Mayor H.S. Hughes, re: Personal matters about an identifiable individual (Physician Recruitment). d) Mayor H.S. Hughes, re: Acquisition /disposition of land (Fairway Court). e) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Staffing Update). f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Human Resources Committee — Closed Session Update). g) Jerry Ball, Director of Transportation and Environmental Services, re: Acquisition /disposition of land (Old Barrie Road). h) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Ingram Road Lands). 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: Page 1 of 423 6. MINUTES OF COUNCIL AND COMMITTEES: 7 -9 a) Minutes of Special Council meeting held on June 22, 2011. 10 -35 b) Minutes of Council meeting held on June 22, 2011. 36 -42 c) Minutes of Special Council meeting held on June 29, 2011. 43 -47 d) Minutes of Human Resources Committee meeting on June 29, 2011. 7. RECOGNITION OF ACHIEVEMENTS: None. Page 1 of 423 Council Agenda - July 13, 2011 Page 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: 48 -49 a) 10:00 a.m. Paul Peterson and Jack Haggerty, re: Fairway Court. 50 -67 b) 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit Andrews, 13th Entertainment, re: CMT Music Festival, August 26, 27 and 28, 2011, Request to Designate Event as "Municipally Significant ". 10. REPORTS OF MUNICIPAL OFFICERS: 68 -95 a) S /Sgt. A.J. (Andy) Mayo, Detachment Commander, Barrie Detachment, Ontario Provincial Police re: Quarterly Statistics. 96 -135 b) Marie Brissette, Committee Coordinator and Sergeant Andrew Tait, Ontario Provincial Police, re: Draft By -law 2011 -093, Being a By -law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers [refer to 15 a)]. 136 -137 c) Report No. FI 2011 -17, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Statement of Accounts — June 30, 2011. d) Doug Irwin, Director of Corporate Services /Clerk re: Establishment of Interview Committee for Environmental Roundtable. 138 -151 e) Report No. CAO 2011 -05, Samah Othman, Executive Assistant/Corporate Communications Specialist re: Social Media: Official Township of Oro - Medonte Twitter Account [deferred from June 29, 2011 meeting]. 152 -160 f) Report No. DS 2011 -027, Andria Leigh, Director of Development Services, re: John Duddy, 3886 Line 11 North, Concession 11 East Part of Lot 4 ( Medonte). 161 -171 g) Report No. DS2011 -028, Andria Leigh, Director of Development Services, re: Planning Status. 172 -175 h) Report No. DS2011 -029, Andria Leigh, Director of Development Services, re: Site Plan Agreement, (2008628 Ontario Ltd.), 2011 - SPA -19, Lot 122, Plan 51 M -957, Being all of PIN 58533 -0346 LT, (Former Township of Oro) [refer to Items 15 b), c)]. 176 -181 i) Report No. DS2011 -030, Andria Leigh, Director of Development Services, re: Ronald and Lorna Sommers - Temporary Use By -Law (Granny Flat), Part of the East Part Lot 17, Concession 8 Plan 51 R -15953 , Part 1 (Oro), Township of Oro - Medonte, 560 Line 8 North [refer to Items 15 e), f)]. j) Report No. 2011 -031, Andria Leigh, Director of Development Services, re: Site Plan Agreement, 2010 - SPA -25 (2133005 Ontario Limited) 18 Small Crescent, Part of Lot 16, Concession 14, Oro, Parts 6 & 7, 51- R19270; Being all of PIN 58548 -0082 LT, Roll # 4346- 010 - 005 - 201580 Township of Oro - Medonte, County of Simcoe [to be distributed at the meeting]. Page 2 of 423 Council Agenda - July 13, 2011 Page 10. REPORTS OF MUNICIPAL OFFICERS: 182 -187 k) Report No. TES 2011 -06, Jerry Ball, Director of Transportation and Environmental Services, re: Existing Sidewalks and Requests for New Structures. 188 -189 1) Report No. TES 2011 -07, Jerry Ball, Director of Transportation and Environmental Services, re: McArthur Street - Parking and Garbage. 190 -192 m) Report No. TES 2011 -08, Jerry Ball, Director of Transportation and Environmental Services, re: Line 5 Speed Reduction [to be distributed at the meeting]. 193 -204 n) Hugh Murray, Deputy Fire Chief, re: Ontario Fire Marshal Annual Compliance Report [to be distributed under separate cover]. 229 -239 e) Nottawasaga Valley Conservation Authority, Minutes of Meetings Held on May 20 and 27, 2011. Staff Recommendation: Receive. 240 -249 f) Lake Simcoe Region Conservation Authority, Minutes of Meeting Held on May 27, 2011 and Highlights of Meeting Held on June 24, 2011. Staff Recommendation: Receive. 250 -254 g) Memorandum of Oral Decision delivered by C. Hefferon on March 29, 2011 and Order of the Board dated June 10, 2011 from C. Hefferon, Member, Ontario Municipal Board, re: 2010- OPA -01, Cameron -Van Amelsvoort, West Half of Part Lot 2, Concession 8 (Oro), Township of Oro - Medonte. Staff Recommendation: Receive. 255 h) Correspondence dated June 14, 2011 from Hans Meyer, DCM Self Storage, re: Rental Data Request. Staff Recommendation: Receive and forward to the Municipal Property Assessment Corporation. Page 3 of 423 11. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, re: Doctor Recruitment Allocations [from the June 22, 2011 meeting]. 205 -206 b) Councillor Lancaster, re: Request for Change of Practice for Posting of Agendas Online [deferred from the June 22, 2011 meeting]. 12. CONSENT AGENDA: a) Announcements of Interest to the Public - None. 207 -212 b) Midland Public Library, Minutes of Meeting held on May 12, 2011. Staff Recommendation: Receive. 213 -221 c) Barrie Public Library, Minutes of Meeting Held on April 28, 2011. Staff Recommendation: Receive. 222 -228 d) Orillia Public Library: Minutes of Meeting Held on May 25, 2011. Staff Recommendation: Receive. 229 -239 e) Nottawasaga Valley Conservation Authority, Minutes of Meetings Held on May 20 and 27, 2011. Staff Recommendation: Receive. 240 -249 f) Lake Simcoe Region Conservation Authority, Minutes of Meeting Held on May 27, 2011 and Highlights of Meeting Held on June 24, 2011. Staff Recommendation: Receive. 250 -254 g) Memorandum of Oral Decision delivered by C. Hefferon on March 29, 2011 and Order of the Board dated June 10, 2011 from C. Hefferon, Member, Ontario Municipal Board, re: 2010- OPA -01, Cameron -Van Amelsvoort, West Half of Part Lot 2, Concession 8 (Oro), Township of Oro - Medonte. Staff Recommendation: Receive. 255 h) Correspondence dated June 14, 2011 from Hans Meyer, DCM Self Storage, re: Rental Data Request. Staff Recommendation: Receive and forward to the Municipal Property Assessment Corporation. Page 3 of 423 Council Agenda - July 13, 2011 Page 12. CONSENT AGENDA: 256 i) Correspondence dated June 16, 2011 from Sean Billing, Horseshoe Resort, re: Thank You for Support of Canada Program at Horseshoe Valley Resort. Staff Recommendation: Receive. 257 j) Correspondence dated June 16, 2011 from Cate Root, Hospice Simcoe, re: Letter of Appreciation. Staff Recommendation: Receive. 258 -259 k) Correspondence dated June 20, 2011 from Garfield Dunlop, MPP, Simcoe North, re: Bill 22, An Act to Amend the Children's Law Reform Act. Staff Recommendation: Receive. 260 1) Correspondence dated June 22, 2011 from Janis Hamilton, Secretary, Oro - Medonte Horticultural Society, re: Letter of Appreciation. Staff Recommendation: Receive. 13. COMMUNICATIONS: 261 a) Correspondence dated June 19, 2011 from Monica Bovett, re: Request for Exemption to Noise By -law, August 6, 2011. 262 -275 b) Correspondence dated May 24, 2011 from Brenda Clark, Clerk, County of Simcoe, re: Emergency Social Services Agreements. 276 c) Correspondence dated June 23, 2011 from Sonja Schneider, re: Speed Limit on Line 7. 277 -284 d) Correspondence dated June 14, 2011 from Virginia Hackson, Chair, Lake Simcoe Region Conservation Authority, re: Nominations for LSRCA Awards, October 27, 2011, Madsen's Garden & Greenhouse, Newmarket. 285 -286 e) Correspondence dated June 21, 2011 from Paul Brown, Licensing Services Branch, Ministry of Transportation, re: Authorized Requester Agreement 02703 [refer to Item 15 g)]. 14. NOTICE OF MOTIONS: 15. BY -LAWS: 287 -321 a) By -Law No. 2011 -093 Being a By -Law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers ( "Towing By- Law "). 322 -333 b) By -Law No. 2011 -114 A By -law to to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 2008628 Ontario Ltd. described as lands as follows: Lot 122, Plan 51M-957, as in 58533 -0346 LT, ROLL # 43- 46- 010 - 003 - 26622, TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE. Page 4 of 423 Council Agenda - July 13, 2011 Page 15. BY -LAWS: 334 -335 c) By -Law No. 2011 -115 A By -law to remove the Holding symbol On lands described as follows: Lot 122, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010- 003 - 26622. 336 -339 d) By -Law No. 2011 -116 A By -law to authorize the Sale of Surplus Land Part of Lot 16, Concession 14, (geographic Township of Oro), Part 15, Plan 51R-19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548- 0086(LT). 340 -341 e) By -law No. 2011 -117 A By -law to allow a Temporary Use for a Garden Suite by Ronald and Lorna Sommers On lands described as follows: Part of the East Part Lot 17, Concession 8, Plan 51R-15953, Part 1 (Oro), Township of Oro - Medonte, County of Simcoe, (Municipally known as 560 Line 8 North) under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended Roll # 4346- 010 -003- 39001. 342 -350 f) By -law No. 2011 -118 A By -law to Authorize the Execution of a Temporary Use By -Law Agreement (Garden Suite) Between the Township of Oro - Medonte and Ronald and Lorna Sommers On lands described as follows: Part of the East Part Lot 17, Concession 8, Plan 51R-15953, Part 1 (Oro), Township of Oro - Medonte, County of Simcoe, (Municipally known as 560 Line 8 North) Roll # 4346- 010 - 003 - 39001. 351 -384 g) By -law No. 2011 -119 Being a By -law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro - Medonte and Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation (Agreement #02703) and to repeal By -Law No. 2005 -080. 385 h) By -Law No. 2011 -120 A By -law to Appoint a Chief Municipal Law Enforcement Officer [to be distributed at the meeting]. 386 i) By -Law No. 2011 -121 A By -law to Amend By -law No. 2011 -063, Being a By -law to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers [to be distributed at the meeting]. Page 5 of 423 Council Agenda - July 13, 2011 Page 15. BY -LAWS: 387 j) By -Law No. 2011 -122 A By -law to Amend By -law No. 2009 -022, Being a By -law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro - Medonte And to Repeal By -law No. 2010 -043. 388 -422 k) By -Law No. 2011 -123 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Cowden Woods Design Builders Ltd. for Ian Beard Centre — Renovations. [Addenda] 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 423 a) By -Law No. 2011 -113 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, July 13, 2011. 19. ADJOURNMENT: a) Motion to Adjourn. Page 6 of 423 6a) - Minutes of Special Council meeting held on June 22, 20... # *10 THE TOWNSHIP OF ORO- MEDONTE 0 iPUhuil- f SPECIAL COUNCIL MEETING MINUTES 4; Old Town Hall Proud Heritage, Exririirg Furrre 833 Line 7 North Wednesday, June 22, 2011 TIME: 3:00 p.m. 2010 - 2014 COUNT ' Present: Mayor H.S. Hughes qW Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Kelly Meyer Councillor Marty Lancaster Councillor John Crawford Councillor Dwig _ -ans C Staff Present: Robin Dunn, Chier . Aministrative Officer; Andria Leigh, Director of Development Servic s; Janette Teeter, Deputy Clerk; Marie Brissette, Committee Coordinate ; Samah Othman, Executive Assistant / Corporate Communications Specialist; Darcy Brooke - Bisschop, Administrative Assistant; Robert Kennedy, Municipal Law Enforcement Officer, Robert Belsey, Municipal Law Enforcement Officer, S /Sgt Andy Mayo and Sgt Andrew Tait, Ontario Provincial Police, Barrie Detachment. Also Present: Graves Towing; Discount Towing; Whitechurch Towing; Terry & Marsh's Towing; Big Brian & Son's Towing; All Canadian Towing; J &M Towing; Doctor Houk Towing; Artie's Towing; Steve's Towing; Hawkestone Garage; Jay's Towing. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. Page 1 of 3 Page 7 of 423 6a) - Minutes of Special Council meeting held on June 22, 20... Special Council Meeting Minutes — June 22, 2011 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. SC110622 -1 Moved by Crawford, Seconded by Lancaster Be it resolved that the agenda for the Special Council meeting of Wednesday, June 22, 2011 be received and adopted. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. AO Carried. 4. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 5. REPORTS OF MUNICIPAL OFFICERS: a) Report No. CS 2011 -15, Marie Brissette, Committee Coordinator and Sergeant Andrew Tait, Ontario Provincial Police, re: Draft By -law 2011 -093, Being a By -law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers. An Addendum to Report No. CS 2011 -15, dated June 22, 2011 was distributed to Members of Council, Staff and the public. Council consented to allow the representatives from the various Towing Companies in attendance to speak on the matter. Motion No. SC110622 -2 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. CS 2011 -015, Marie Brissette, Committee Coordinator, Detachment Commander Andy Mayo, and Sergeant Andrew Tait, Ontario Provincial Police, Barrie Detachment, re: Draft By -law 2011 -093, Being a By -law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers be received and adopted. And That the Clerk bring forward for Council's consideration Draft By -law 2011 -093, Being a By -law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers with the amendments identified at the Special Council Meeting held on June 22, 2011 to the July 13, 2011 Council Meeting. Carried. Page 2 of 3 Page 8 of 423 6a) - Minutes of Special Council meeting held on June 22, 20... Special Council Meeting Minutes — June 22, 2011 6. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 7. CONFIRMATION BY -LAW: a) By -law No. 2011 -094 Being a By -Law to Confirm the Proceedings of the Special Council Meeting Held on Wednesday, June 22, 2011. Motion No. SC110622 -3 Moved by Coutanche, Seconded by Meyer Adt 8. ADJOURNMENT: a) Motion to Adjourn. Motion No. SC110622 -4 Moved by Meyer, Seconc Be it resolved that we do now adjourn at 4:30 p.m. Nhhh" NN 'Iqr Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Carried. Carried. Page 3 of 3 Page 9 of 423 6b) - Minutes of Council meeting held on June 22, 2011. 0 Prone! HPrirreer, EX ilirie Foolure Wednesday, June 22, 2011 THE TOWNSHIP OF ORO- MEDONTE REGULAR COUNCIL MEETING MINUTES Council Chambers TIME: 6:01 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Kelly Meyer Councillor Marty Lancaster Councillor John Crawford Councillor Dwight Evans Staff Present: Robin Dunn, Ch . ' -Iministrative Officer; Janette Teeter, Deputy Clerk; Paul Gravelle, Di, .. -tu of Finance /Treasurer /Deputy CAO; Andria Leigh, Director of Develop. ent Services (left at 6:30 p.m. and returned at 9:50 p.m.); Jerry Ball, Dirc : °'or of Transportation and Environmental Services; Donna Hewitt, Director of Corporate & Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services; Marie Brissette, Committee Coordinator; Glenn White, Manager of Planning; Steven Farquharson, Intermediate Planner; Alan Wiebe, Planner; Tamara Obee, Manager Health & Safety, Human Resources; Samah Othman, Executive Assistant / Corporate Communications Specialist; Darcy Brooke- Bisschop, Administrative Assistant; Sue Braggs (caviller & Company) t Also Present: Buffi Woronka, Robert Blackmore, Rick Fotherby, Terry Henry, John. W. Duddy, Paul Brandon, Douglas H. Brandon, Johanin Lazeron ( Lazeron Homes), Wendy Fallis, Nancy McHardy, Barry Leigh, Kristine Loft (Loft Planning Inc.), Krista Scaldwell, Tom and Betty Partridge, Pat Shellswell, Glen Bell, Tom and Norine Hutchinson, Wendy Lackie, Brent Hutchinson, Dalyce Hutchinson, Mark Hutchinson, Samantha Robinson, Sarah Robinson, Beverly Parcells, Angela McCuaig, Jack and Owen McCuaig, Donna E. McLean, Dick Paterson, Bernard Pope, Allan Baker, Gord and Sue Roehner, Ann Truyens, Briana Dean, Jonathan Reid CALL TO ORDER - PRIVATE PRAYERIMOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. Page 1 of 26 Page 10 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C110622 -1 Moved by Meyer, Seconded by Coutanche Be it resolved that the agenda for the Council meeting of Wednesday, June 22, 2011 be received and adopted, as amended, to: • add as Item 11e), Mayor H.S. Hughes, correspondence dated June 20, 2011 from Tim Crawford re: Oro African Church, July 9, 2011 event; • defer Item 101) Report No. CA02011 -05, Samah Othman, Executive Assistant/Corporate Communications Specialist, re: Social Media: Official Township of Oro - Medonte Twitter Account to the June 29, 2011 Special Council meeting; • and withdraw Item 11 a) Mayor H.S. Hughes re: Doctor Recruitment Allocations. Carried. 3. DISCLOSURE OF PECUNIARY I None declared. 4. CLOSED SESS a) Motion to go In Clo: Motion No. C1j10622 -2 0 Ea Carried. Page 2 of 26 Page 11 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Be it resolved that the confidential verbal information presented by Robin Dunn, Chief Administrative Officer and Tamara Obee, Manager Health & Safety, Human Resources, re: Personal matters about an identifiable individual (Staffing Update) be received. Carried The following staff were present: Robin Dunn, Chief Administrative Officer; Janette Teeter, Deputy Clerk; Tamara Obee, Manager Health & Safety, Human Resources. Motion No. C110622 -5 Moved by Coutanche, Seconded by Meyer Be it resolved that Deputy Mayor Hough and Councillors Coutanche and Crawford participate as Council representatives with the Chief Administrative Officer for the Director of Fire & Emergency Services staffing exercise. Carried. Page 3 of 26 Page 12 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 d) Andria Leigh, Director of Development Services, re: Litigation affecting the municipality (Consent Application 2011- B -09). The following staff were present: Robin Dunn, Chief Administrative Officer; Janette Teeter, Deputy Clerk; Andria Leigh, Director of Development Services. Motion No. C110622 -6 Moved by Crawford, Seconded by Lancaster Be it resolved that the confidential correspondence dated June 3, 2011 and presented by Andria Leigh, Director of Development Services, re: Litigation affecting the municipality (Consent Application 2011 -B -09) be received. Carried. e) Andria Leigh, Director of Development Services, re: Litigation affecting the municipality (Minor Variance Application 2011- A -04). Page 4 of 26 Page 13 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 f) Andria Leigh, Director of Development Services, re: Acquisition /disposition of land (Affordable Housing) [from June 8, 2011 meeting]. The following staff were present: Robin Dunn, Chief Administrative Officer; Janette Teeter, Deputy Clerk; Andria Leigh, Director of Development Services. Motion No. C110622 -8 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Confidential Report DS2011 -021, Andria Leigh, Director of Development Services, re: Acquisition /disposition of land (Affordable Housing) be received. 2. That staff proceed to investigate further the available funding and partnerships for affordable housing options within the Municipality and investigate further potential sites. 3. And That the applicant be advised of Council's decision under.the Director of Development Services' signature. Carried g) Janette Teeter, Deputy Clerk re: Acquisition /disposition of land (Small Crescent). Page 5 of 26 Page 14 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on Wednesday, June 8, 2011. Motion No. C110622 -10 Moved by Lancaster, Seconded by Evans Be it resolved that the draft minutes of the June 16, 2011 be received. 0%, 7. RECOGNITION OF ACHIEVEMENTS: ustment meeting held on a) Norine and Tom Hutchinson, re: 2011 Sen of the Year. Carried. Congratulations and a certificate was presented to Norine and Tom Hutchinson by Mayor H.S. Hughes and Members of Council. Council recessed for refreshments. Page 6 of 26 Page 15 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 8. PUBLIC MEETINGS: a) Proposed Amendment to the Zoning By -law, Application 2011 - ZBA -04, Applies to all properties zoned "General Commercial" (GC) Zone located in the Township of Oro - Medonte (Township of Oro - Medonte). Deputy Mayor Hough called the meeting to order at 7:45 p.m. and explained the public meeting has been called under the authority of the Planning Act, Section 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By -law 97 -95, Application 2011 - ZBA -04 (Township of Oro - Medonte), Township wide Zoning By -law Amendment. Notice of the Public Meeting was placed in the Barrie Examiner and the Orillia Packet and Times on Thursday, June 2, 2011 and in the Midland Free Press on Thursday, June 9, 2011. The Public Hearing Notice was also placed on the Township of Oro - Medonte's website on Thursday, June 2, 2011. The following correspondence was received at the meeting: None. A 00 Glenn White, Manager of Planning, explained fheJpurpose and effect of the proposed Amendment. A Power Point presentation was presented. The following public persons offered verbal comments with respect to the proposed Amendments: None. Deputy Mayor Hough advised that written submissions will be received at the Township office until July 4, 2011 and that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. There being no further comments or questions, the meeting adjourned at 7:54 p.m - IV Page 7 of 26 Page 16 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 b) Proposed Amendment to the Zoning By -law, Application 2011 - ZBA -06, Concession 11, East Part of Lot 4, municipally known as 3886 Line 11 North, Township of Oro - Medonte (Duddy). Deputy Mayor Hough called the meeting to order at 7:55 p.m. and explained the public meeting has been called under the authority of the Planning Act, Section 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By -law 97 -95, Application 2011 - ZBA -06 (John Duddy), East Part of Lot 4, Concession 11, municipally known as 3886 Line 11 North, (formerly within the Township of Medonte), Township of Oro - Medonte. Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on June 2, 2011 and a sign posted on the subject property on the same day. The following correspondence was received at the meeting: Nottawasaga Valley Conservation Authority dated June 3, 2011; Simcoe County District School Board dated June 6, 2011; R.B. Paterson received June 16, 2011; County of Simcoe dated June 21, 2011; Randy and LaRae Krieger dated June 20, 2011; J. Dirneder dated June 22, 2011. Alan Wiebe, Planner, explained the purpose and effect of the proposed Amendment. A Power Point presentation was presented. The following public persons offered verbal comments with respect to the proposed Amendments: Dick Paterson, Doug Brandon, Terry Henry, Wendy Fallis, Paul Beard, John Duddy. Deputy Mayor Hough advised that written submissions will be received at the Township office until June 27, 2011 and that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. There being no further comments or questions, the meeting adjourned at 8:22 p.m IV Page 8 of 26 Page 17 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 c) Proposed Amendment to the Zoning By -law, Application 2011 - ZBA -05, Part Lot 24 & 25, Concession 7, RP 51 R -37419 Part 1 (Oro), Township of Oro - Medonte (Leigh). Deputy Mayor Hough called the meeting to order at 8:22 p.m. and explained the public meeting has been called under the authority of the Planning Act, Section 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By -law 97 -95, Application 2011 - ZBA -05 (Barry Leigh), Part of Lots 24 and 25, Concession 7, located on the north side of Ridge Road West, east of Line 6 and west of Line 7 (formerly within the Township of Oro), Township of Oro - Medonte. Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on June 2, 2011 and a sign posted on the subject property on the same day. The following correspondence was received at the meeting: County of Simcoe dated May 10, 2011; County of Simcoe dated June 17, 2011; Simcoe County District School Board dated June 6, 2011; Lake Simcoe Region Conservation Authority dated June 22, 2011. 161k, 'AM Steven Farquharson, Intermediate Planner, explained the purpose and effect of the proposed Amendment. A Power Point presentation was presented. Kristine Loft, Loft Planning Inc., on behalf of the applicant, provided an overview of the application. A Power Point presentation was presented. The following public persons offered verbal comments with respect to the proposed Amendments: Rick Fotherby, Robert Blackmore. Deputy Mayor Hough advised that written submissions will be received at the Township office until July 4, 2011 and that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. There being no further comments or questions, the meeting adjourned at 8:40 p.m. Council recessed at 8:40 p.m. and resumed at 8:45 p.m. Page 9 of 26 Page 18 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 9. DEPUTATIONS: a) Bev Parcells, re: Conditions of Ridge Road, Line 5 and Line 7. Correspondence was distributed to the Deputy Clerk. Motion No. C110622 -12 Moved by Crawford, Seconded by Evans Be it resolved that Rule 3.7 of Procedural By -law 2011 -011 be suspended in order to allow the meeting to roceed ,past the normal adjournment hour of 10:00 p.m. Carried. Page 10 of 26 Page 19 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 10. REPORTS OF MUNICIPAL OFFICERS: a) Sue Bragg, Partner, Gaviller & Company LLP, re: Review of Draft 2011 Financial Statements [to be distributed at the meeting]. Correspondence was distributed to Members of Council and Staff. Motion No. C110622 -15 Moved by Evans, Seconded by Crawford Be it resolved 1. That the memorandum dated June 22, 2011 re: 2010 Audited Financial Report and draft Consolidated Financial Statements for the year ended December 31, 2010 and presented by Sue Bragg, Partner, Gaviller & Company LLP be received. 2. And That the Draft 2010 Consolidated Financial Statements for the year ended December 31, 2010 for the Corporation of the Township of Oro - Medonte are hereby approved. '1W Asm Carried. b) Report No. F12011 -15, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Statement of Accounts — May 31, 2011. Motion No. C110622 -16 Moved by Meyer, Seconded by Coutanche Be it resolved 4 1. That Report No. Fl 2011 -15, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Statement of Accounts — May 31, 2011 be received. 2. And That the accounts for the month of May, 2011 totalling $1,439,105.19 be received. 4% N lqffh Carried. Page 11 of 26 Page 20 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 c) Report No. F12011 -16, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Renewal of Insurance Company Motion No. C110622 -17 Moved by Lancaster, Seconded by Evans Be it resolved 1. That Report No. F12011 -16, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Renewal of Insurance Company, be received and adopted. 2. That The Township of Oro - Medonte renews its insurance coverage for the period of July 1, 2011 to July 1, 2012 with Frank Cowan & Company at the quoted premium of $405,703 including PST. 3. And That Frank Cowan & Company be advised of Council's decision under the Director of Finance /Treasurer /Deputy CAO's signature. Carried. d) Report No. HR2011 -4, Tamara Obee, Mana er Health & Safety, Human Resources, re: Human Resources Policies. Motion No. C110622 -18 Page 12 of 26 Page 21 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Be it resolved 1. That Report No. DS2011 -23, Andria Leigh, Director of Development Services, re: Site Plan Application 2010 - SPA -18 (Revised) (Jeffrey and Erin Jackson) - Former Indian Park Association - Lot 3 be received and adopted. 2. That Section 3 "Development Restriction" of the Site Plan Agreement between the Township of Oro - Medonte and Indian Park Association for the lands known as, Part of Blk A Plan M -9, Part 1 on Plan 51 R- 37168, S/T Easements in LT354320, LT441545 (Former Oro Township) Township of Oro - Medonte, be amended to allow for a maximum of 69% of tree removal in the building envelope (Lot 3). 3. That the Site Plan Agreement include a provision that requires the owner to submit a tree planting plan to replace all trees that may be lost during construction of the dwelling, septic system and driveway. 4. That the Clerk bring forward the appropriate By -law for Council's consideration. 5. And That the applicant be advised of Council's decision under the Director of Development Services' signature. Carried. Page 13 of 26 Page 22 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes - June 22, 2011 g) Report No. DS2011 -25, Andria Leigh, Director of Development Services re: Site Plan Agreements (2008628 Ontario Limited) 2011 - SPA -14, Lot 9, Plan 51M -957, Being all of PIN 58533 -0233 (Lt), 2011 - SPA -15, Lot 97, Plan 51M -957, Being all of PIN 58533 -0321 (Lt), 2011 - SPA -16, Lot 98, Plan 51M -957, Being all of PIN 58533 -0322 (Lt), 2011 -SPA- 17, Lot 119, Plan 51 M -957, Being all of PIN 58533 -0343 (Lt), (Former Township of Oro) [refer to Items 15f),g),h),i), j), k), 1), m)]. Motion No. C110622 -21 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report DS 2011 -025, Andria Leigh, Director of Development Services, re: Site Plan Agreements (2008628 Ontario Limited) 2011 - SPA -14, Lot 9, Plan 51M -957, Being all of PIN 58533 -0233 (Lt), 2011 - SPA -15, Lot 97, Plan 51M -957, Being all of PIN 58533 -0321 (Lt), 2011 - SPA -16, Lot 98, Plan 51M -957, Being all of PIN 58533- 0322 (Lt), 2011 - SPA -17, Lot 119, Plan 51M -957, Being all of PIN 58533 -0343 (Lt), (Former Township of Oro) be received and adopted. 2. That the Township of Oro - Medonte enters into Site Plan Agreements and Removal of Holds with 2008628 Ontario Limited applying to the subject Lots for the construction of single detached dwellings. 3. That the Clerk bring forward the appropriate by -laws for Council's consideration. 4. And That the applicant be notified of Council's decision under the Director of Development Services' signature. Carried. h) Report No. DS2011 -26, Andria Leigh, Director of Development Services, re: Site Plan Agreement Revision 2009 - SPA -13 (Suzanne Caudry) Pt Lot 1, Range 1, Pts 1 & 2 1 R- 19045; S/T & T/W R01 064107, Being all of PIN 58554 -0100 (LT), 15 Pemberton Lane. Motion No. C110622 -22:, Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. DS 2011 -026, Andria Leigh, Director of Development Services, re: Site Plan Agreement Revision 2009 - SPA -13 (Suzanne Caudry) Pt Lot 1, Range 1, Pts 1 & 2 1 R- 19045; S/T & T/W R01 064107, Being all of PIN 58554 -0100 (LT), 15 Pemberton Lane be received and adopted. 2. That the Township of Oro - Medonte support the revision to the Site Plan Agreement with Suzanne Caudry for 15 Pemberton Lane for a 33 square metre (357 square foot) deck which joined the existing deck and recently constructed boathouse as shown on the Site Plan drawing prepared by THOM WIN Construction Ltd. dated May 5, 2011. 3. And That the applicant be notified of Council's decision under the Director of Development Services' signature. Carried. Page 14 of 26 Page 23 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 i) Report No. RC2011 -13, Shawn Binns, Director of Recreation and Community Services re: H.A.A.C.A. Canada Day Parade - Request for Exemption By -law No. 2006 -38. Motion No. C110622 -23 Moved by Crawford, Seconded by Evans Be it resolved 1. That Report No. RC2011 -13, Shawn Binns, Director of Recreation and Community Services, re: Hawkestone and Area Community Association Canada Day Parade - Request for Exemption to By -Law No. 2006 -38, be received and adopted. 2. That an exemption to By -law 2006 -38 be granted to the Hawkestone and Area Community Association to hold a Canada Day Parade on Friday July 1, 2011 commencing at 12:00 p.m. 3. The Hawkestone and Area Community Association be required to purchase liability insurance in the amount of $2,000,000 to provide coverage for the events. 4. That the applicant provides appropriate notification and liaise with the Ontario Provincial Police, Oro - Medonte Township Fire & Emer ency Services, local residents and businesses affected. 5. And That the Director of Recreation and Community Services notify accordingly and liaise with the Hawkestone and Area Community Association of Council's decision. Carried. j) Report No. CAO2011 -03, Samah Othman, Executive Assistant/Corporate Communications Specialist re: Community Outreach: Township News Page [to be distributed at meeting]. Correspondence was distributed to Members of Council and Staff. Motion No. C110622- Moved by Meyer, Seconded by Coutanche Be it resolved: 1. That Report No. CAO 2011 -03, Samah Othman, Executive Assistant /Corporate Communications Specialist re: Community Outreach: Township News Page be received and adopted. 2. That staff be authorized to proceed with the release of a regular publication of a Township News Page via Option #2. 3. And That the respective media group be notified of Council's decision. Carried. Page 15 of 26 Page 24 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 k) Report No. CAO2011 -04, Samah Othman, Executive Assistant/Corporate Communications Specialist re: Corporate Newspaper Advertising Policy. Motion No. C110622 -25 Moved by Evans, Seconded by Crawford Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the verbal information presented by Councillors Crawford and Evans, re: ATV Access to Lake Simcoe for 2011 -2012 Winter Recreational Activities be received. 2. That an Ad Hoc Working Group be established to solicit input from various residents for the 2011 -2012 winter season. 3. And That Councillors Crawford and Evans be appointed as members of the Ad Hoc Working Group and report back to Council accordingly. Carried. Page 16 of 26 Page 25 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 c) Councillor Lancaster, re: Request for Change of Practice for Posting of Agendas Online. Motion No. C110622 -27 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the verbal information presented by Councillor Lancaster, re: Request for Change of Practice for Posting of Agendas Online be received. 2. And That the Clerk's Department explore the option of posting preliminary agenda cover sheets, without reports, to the Township's website on the Friday prior to the Council meeting and report back to Council at the July 13, 2011 Council meeting. Carried. d) Councillor Lancaster re: Possible Placement of Commemorative Sign on Shanty Bay Road /Ridge Road. Correspondence was distributed to Members of Council and Staff. Motion No. C110622 -28 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That the verbal information presented by Councillor Lancaster re: Possible Placement of Commemorative Sign on Shanty Bay Road /Ridge Road be received. 2. And That the matter be referred to the Recreation Technical Support Group for further investigation and report back to Council. Carried. e) Mayor H.S. Hughes, correspondence dated June 20, 2011 from Tim Crawford, re: Oro African Church, July 9, 2011 event. Motion No. C110622 -29 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated June 20, 2011 from Tim Crawford and presented by Mayor H.S. Hughes re: Oro African Church, July 9, 2011 event be received. 2. That the request for the exemptions, outlined in the correspondence dated June 20, 2011 with respect to Policy POL- PR -07, "Public Use of the Oro African Church NHS" be approved. 3. And Further That the Director of Recreation and Community Services notify the applicant of Council's decision and liaise with the History Association accordingly. Carried. Page 17 of 26 Page 26 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 12. CONSENT AGENDA: Page 18 of 26 Page 27 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 13. COMMUNICATIONS: a) Correspondence dated June 6, 2011 from Paul Weber, re: Request for Walking Path to Line 4 Park. Motion No. C110622 -31 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated June 6, 2011 from Paul Weber, re: Request for Walking Path to Line 4 Park be received. 2. That the request be referred to the Recreation Technical Support Group for consideration. 3. And That the applicant be advised of Council's decision under the Director of Recreation and Community Services' signature. b) Correspondence dated June Limit on Ingram Road. 7, 2011 from Keely Breen, re Carried. Request to Reduce Speed Motion No. C110622 -32 Moved by Lancaster, econ ed by Page 19 of 26 Page 28 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 c) Correspondence dated June 14, 2011 from Wayne Orr, CAO, Township of South Frontenac, re: Limiting manufacturing and packaging to products that can be recycled. Motion No. C110622 -33 Moved by Coutanche, Seconded by Hough Be it resolved that the motion with respect to 13c), correspondence dated June 14, 2011 from Wayne Orr, CAO, Township of South Frontenac, re: Limiting manufacturing and packaging to products that can be recycled be deferred and referred to the Environmental Roundtable for comment. Carried. Deferred. d) Correspondence dated June 16, 2011 from Len Mitchell re: Arena Parking. Motion No. C110622 -35 4% % Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated June 16, 2011 from Len Mitchell, re: Arena Parking be received. 2. That the applicant's request to be reimbursed $113 for towing and storage be denied. 3. And that the applicant be advised of Council's decision under the Director of Corporate Services /Clerk's signature. Defeated. Page 20 of 26 Page 29 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Page 30 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 15. BY -LAWS: a) By -Law No. 2011 -092 A By -law to authorize certain capital works of The Corporation of the Township of Oro - Medonte (The Municipality); to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) for financing such capital works; to authorize temporary borrowing from OIPC to meet expenditures in connection with such works; and to authorize long term borrowing from OIPC for such works through the issue of debentures. b) By -Law No. 2011 -096 A By -law to Appoint Representatives to the Recreation Technical Support Group. c) By -Law No. 2011 -097 A By -law to Appoint a Representative to the Accessibility Advisory Committee. follows: Lot 97, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26597. h) By -Law No. 2011 -107 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 2008628 Ontario Ltd. described as lands as follows: Lot 98, Plan 51 M -957, as in LT58533 -0322 ROLL # 4346- 010 - 003 - 26598, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. i) By -Law No. 2011 -102 A By -law to remove the Holding symbol On lands described as follows: Lot 98, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26598. Page 22 of 26 Page 31 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 j) By -Law No. 2011 -108 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 2008628 Ontario Ltd. described as lands as follows: Lot 119, Plan 51M-957, as in LT58533 -0343 ROLL # 43 -46- 010 - 003 - 26619, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. k) By -Law No. 2011 -103 A By -law to remove the Holding symbol On lands described as follows: Lot 119, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26619. 1) By -Law No. 2011 -109 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 2008628 Ontario Ltd. described as lands as follows: Lot 9, Plan 51 M -957, as in LT58533 -0233 ROLL # 43 -46- 010 - 003 - 26509, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. m) By -Law No. 2011 -104 A By -law to remove the Holding symbol On lands described as follows: Lot 9, Plan 51 M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 003 - 26509. A By -law to Repeal By -law No. 2010 -147 and to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Jeffrey and Erin Jackson described as lands as follows: PART OF BLOCK A PLAN M -9, BEING PART 1 ON PLAN 51 R37168, S/T EASEMENTS IN LT354320 AND LT441545 BEING ALL OF PIN 74057 -0536 (LT) ROLL # 43 -46- 010 - 003 -14800 (LOT 3) TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE. A By -law to Authorize the Execution of the Memorandum of Understanding Between the Township of Oro - Medonte and Ontario Provincial Police (OPP) (Special Events at Horseshoe Valley Resort). A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Morris Shelswell & Sons Excavating & Grading Ltd. for Municipal Office Sidewalk / Curb Replacement Project (Project Number: RC- 2011 -01). Page 23 of 26 Page 32 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes - June 22, 2011 Motion No. C110622 -38 Moved by Crawford, Seconded by Evans Be it resolved that the following by -laws: a) By -Law No. 2011 -092, A By -law to authorize certain capital works of The Corporation of the Township of Oro - Medonte (The Municipality); to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) for financing such capital works; to authorize temporary borrowing from OIPC to meet expenditures in connection with such works; and to authorize long term borrowing from OIPC for such works through the issue of debentures. b) By -Law No. 2011 -096, A By -law to Appoint Representatives to the Recreation Technical Support Group. c) By -Law No. 2011 -097, A By -law to Appoint a Representative to the Accessibility Advisory Committee. d) By -Law No. 2001 -098, A By -law to Appoint a Representative to Barrie Area Physician Recruitment. e) By -Law No. 2011 -099, A By -law to amend the zoning provisions on lands described as follows: Part of Lot 24, Concession 9, RP 51 R- 37614, Parts 2, 3 and 4 Township of Oro - Medonte, County of Simcoe Roll # 4346- 020 - 005 -1100. f) By -Law No. 2011 -106, A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 2008628 Ontario Ltd. described as lands as follows: Lot 97, Plan 51 M -957, as in LT58533- 0321 ROLL # 4346- 010 - 003 - 26597, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. g) By -Law No. 2011 -101, A By -law to remove the Holding symbol On lands described as follows: Lot 97, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26597. h) By -Law No. 2011 -107, A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 2008628 Ontario Ltd. described as lands as follows: Lot 98, Plan 51 M -957, as in LT58533- 0322 ROLL # 4346- 010 - 003 - 26598, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. i) By -Law No. 2011 -102, A By -law to remove the Holding symbol On lands described as follows: Lot 98, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26598. j) By -Law No. 2011 -108, A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 2008628 Ontario Ltd. described as lands as follows: Lot 119, Plan 51M-957, as in LT58533- 0343 ROLL # 43 -46- 010 - 003 - 26619, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. k) By -Law No. 2011 -103, A By -law to remove the Holding symbol On lands described as follows: Lot 119, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010 - 003 - 26619. Page 24 of 26 Page 33 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Page 34 of 423 6b) - Minutes of Council meeting held on June 22, 2011. Council Meeting Minutes — June 22, 2011 18.CONFIRMATION BY -LAW: a) By -law No. 2011 -095 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, June 22, 2011. Motion No. C110622 -39 Moved by Crawford, Seconded by Lancaster Be it resolved that By -Law No. 2011 -095, being a by -law to confirm the proceedings of the Council meeting held on Wednesday, June 22, 2011 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. Motion No. C110622 -40 Moved by Coutanche, Seconded by Meyer Be it resolved that we do now adjourn at 12:22 a.m Mayor, H.S. Hu Carried. Page 26 of 26 Page 35 of 423 6c) - Minutes of Special Council meeting held on June 29, 20... THE TOWNSHIP OF ORO- MEDONTE 0 Tvtrmslripof SPECIAL COUNCIL MEETING MINUTES 4;� Council Chambers Proud Heritage, Exririirg Furrre Wednesday, June 29, 2011 TIME: 1:01 p.m. 2010 - 2011 COUNCI! Staff Present: Robin Dunn, Chie 'V,. iinistrative Officer; Janette Teeter, Deputy Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. Page 1 of 7 Page 36 of 423 6c) - Minutes of Special Council meeting held on June 29, 20... Special Council Meeting Minutes — June 29, 2011 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. SC110629 -1 Moved by Meyer, Seconded by Coutanche Be it resolved that the agenda for the Special Council meeting of Wednesday, June 29, 2011 be received and adopted, as amended, to defer to the July 13, 2011 Council meeting Item 4b) Report No. CAO 2011 -05, Samah Othman, Executive Assistant/ Corporate Communications Specialist re: Social Media: Official Township of Oro - Medonte Twitter Account and add Item 6e), Donna Hewitt, Director of Corporate & Strategic Initiatives re: Acquisition /disposition of land (Nurse Practitioner). 02 p.m. to discuss Be it resolved that we do now Rise and Report at 1:15 p.m. Item 6e) was dealt with at this time. Carried. Carried. Carried. Page 2 of 7 Page 37 of 423 6c) - Minutes of Special Council meeting held on June 29, 20... Special Council Meeting Minutes — June 29, 2011 4. REPORTS OF MUNICIPAL OFFICERS: Page 3 of 7 Page 38 of 423 6c) - Minutes of Special Council meeting held on June 29, 20... Special Council Meeting Minutes — June 29, 2011 5. COMMUNICATIONS: a) Oro - Medonte Horticultural Society, Request for Parking Exemption, Garden Tour, July 10, 2011. Motion No. SC110629 -5 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the correspondence dated June 24, 2011 from the Oro - Medonte Horticultural Society, re: Request for Parking Exemption, Garden Tour, July 10, 2011 be received. 2. That the applicants be granted a Parking Exemption from By -Law No. 2009 -22, as amended, for the Garden Tour on July 10, 2011 for: • the lake side of Lakeshore Road East, • the East side of Line 9 South (North of Palm Beach Road), and • the lake side of Parkside Drive. 3. That the applicant notify the OPP and O -M Fire & Emergency Services. 4. That Municipal Law Enforcement liaise with the applicant. 5. And that the applicant be notified of Council's decision under the Director of Corporate Services /Clerk's siqnature. 6. CLOSED SESSION. ITEMS a) Motion to go In Closed Session. Motion No. SC110629- Moved by Evans, Seconded by Lancaster Carried. Be it resolved that we do now go in Closed Session at 1:28 p.m. to discuss • personal matter affecting an identifiable individual. iW Carried. Page 4of7 Page 39 of 423 6c) - Minutes of Special Council meeting held on June 29, 20... Page 40 of 423 6c) - Minutes of Special Council meeting held on June 29, 20... Special Council Meeting Minutes — June 29, 2011 d) Robin Dunn, Chief Administrative Officer, re: Personal matters about an identifiable individual (Council /Staff Relations - Customer Service Enhancements). Motion No. SC110629 -10 , 1% Moved by Coutanche, Seconded by Meyer Be it resolved that the confidential correspondence dated June 29, May 24 and June 28, 2011 and presented by Donna Hewitt, Director of Corporate & Strategic Initiatives, re: Acquisition /disposition of land (Nurse Practitioner) be received. Carried. Page 6 of 7 Page 41 of 423 6c) - Minutes of Special Council meeting held on June 29, 20... Special Council Meeting Minutes — June 29, 2011 7. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 8. CONFIRMATION BY -LAW: a) By -Law No. 2011 -111 Being a By -Law to Confirm the Proceedings of the Special Council Meeting Held on Wednesday, June 29, 2011. Motion No. SC110629 -11 Moved by Lancaster, Seconded by Evans 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. SC110629 -12 Moved by Lancaster, Secon( link Be it resolved that we do now adjourn at 3:09 p.m. VSK _1101k lvft� 114W Deputy Clerk, Janette Teeter Carried. Page 7 of 7 Page 42 of 423 6d) - Minutes of Human Resources Committee meeting on June 2... Tvre�rulrip of Proud Heritage, Exririirg Furrre THE TOWNSHIP OF ORO- MEDONTE HUMAN RESOURCES COMMITTEE Robinson Room Also present: None. 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT PRAYER/MOMENT OF REFLECTION: Councillor Coutanche assumed the Chair and called the mooing to order 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. HRC110029 -1 It is recommended that the agenda for the Human Resources Committee meeting of June 29, 2011 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. Page 1 of 5 Page 43 of 423 6d) - Minutes of Human Resources Committee meeting on June 2... Human Resources Committee Minutes — June 29, 2011 4. MINUTES OF COMMITTEE: a) Minutes of Human Resources Committee meeting held on April 27, 2011. Motion No. HRC110629 -2 Moved by Hughes, Seconded by Hough It is recommended that the draft minutes of the Human Resources Committee meeting held on April 27, 2011, be adopted as printed and circulated. 5. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. HRC110629 -3 Moved by Hough, Seconded by Hughes Carried. It is recommended that we do now go in Closed Session at 9:40 a.m. to discuss • personal matters affecting an identifiable individual. Carried. b) Motion to Rise and Rel Motion No. HRC110629 -4 Moved by Hough, Seconded by Hughes It is recommended that we do now Rise at 12:25 p.m. and Report on the Closed Session Item(s): c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Organizational Review & Staffing). d) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). e) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Succession Planning). f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Labour Management Relations). g) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Council /Staff Relations). Carried. Page 2 of 5 Page 44 of 423 6d) - Minutes of Human Resources Committee meeting on June 2... Human Resources Committee Minutes — June 29, 2011 c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Organizational Review & Staffing). The following staff was present: Robin Dunn, CAO; Tom Gazda, Gazda, Houlne Associates Inc. via teleconference. Motion No. HR110629 -5 Moved by Hughes, Seconded by Hough It is recommended that the confidential verbal information and confidential correspondence dated June 28, 2011, presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Organizational Review & Staffing) be received. Carried. d) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). The following staff was present: Robin Dunn, CAO; Tom Gazda, Gazda, Houlne Associates Inc. via teleconference. Motion No. HR110629 -7 Moved by Hughes, Seconded by Hough It is recommended that the confidential verbal information and confidential correspondence dated June 29, 2011, presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Succession Planning) be received. Carried. Page 3 of 5 Page 45 of 423 6d) - Minutes of Human Resources Committee meeting on June 2... Human Resources Committee Minutes — June 29, 2011 f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Labour Management Relations). The following staff was present: Robin Dunn, CAO; Tom Gazda, Gazda, Houlne Associates Inc. via teleconference. Page 4of5 Page 46 of 423 6d) - Minutes of Human Resources Committee meeting on June 2... Page 47 of 423 9a) - 10:00 a.m. Paul Peterson and Jack Haggerty, re: Fairw... Page 48 of 423 REQUEST FOR DEPUTATION BEFORE COUNCIUCOMMITTE C��YJI/a� fr��%,a,�,� 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: 13 (( T I am requesting deputation to speak: a) ❑� my own behal b) CP'on behalf of a oup rganization / association, if b), please state name of group/ organization /association below. I would like to use: ❑ projector ❑ laptop Name(s) of Speaker(s) A deputation wishing to appear before Council/Committes shall be limited to no more than two (2) speakers with a total speaking time of not more than ten (10) minutes. , 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. ��� � L �f� %� ° �L� %-U /ZE L! S � ,�C' {,G' /fit .�►1 /�- / 7 ��% /-� %( GC . l4/�vsr,g r f G�7'i ,� Gfa ry vr" 0/-/ EE /lZ Reason why this presentation is important to Council and to the municipality v %2� Gc> /rs'S' /� ��' ,�%'�S/�2�..5 -1 `i° /�i�/ y� �.�- lc'lCL.,✓.��o.L� �v/� Vic- �/ f F� ?S %{,� r1�- �`°t''ca 'T° .'�?';4Q' �,��' ®, (tali✓ �i"Y Date of Request: Signature(s) of Speaker(s): Address: Telephone• r // Fax: Email: Note: Additional material may be circulated / 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 an this form is collected under the legal authority of the Municipal Act, 5.0. 2001, c 26 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- Medonle, 148 Line 7 South, Box 100, Oro, Ontario, LOL 2X0. 05/2010 Page 48 of 423 9a) - 10:00 a.m. Paul Peterson and Jack Haggerty, re: Fairw... Page 49 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And... 29 Jun 11 02:26p Burl's Creek Park 7054876280 p.2 REQUEST FOR DEPUTATION BEFORE COUNCIUCOMMITTE 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 f at. Preferred Meeting and Date: 4 I am requesting deputation speak( a) n my own behalf, or b) n behalf of a group ! organization I association, if b), please state name of group! organizationlassociation below. r I' - a I would like to use: ❑ projector ❑ laptop Name(s) of Speaker(s) A deputation wishing to appear before Council /Committee shall be limited to no more than two (2) speakers pe h a total s ing time of not more than ten (10) minutes. Ctis �/ 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 ac rdance with the uidelines for Deputations/Delegations outlined in the Township's Procedural By -law. TS� �} R why this presentation is important to C unci and to the municipality: s Date of Request; , C ' J (� f Lr �%1� C✓L �L� GG�t_ (�� Signature(s) of Speaker(s): Address: Telephone: i - Fax: ? — > -) Email: iSc✓ � cry J-1 Note: Additional material may be circulated/ presented at the time of the deputation. Scheduling will beat the discretion of the Clerk, and will be confirmed. There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior commitments may make it necessary to schedule an alternate date suggested by the Clerk. Personal information on this form is coliected under the legal authority of the Municipal Act, S.O. 2001, e.25 as amended. The hfonnaticn 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 Infonnatim 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. D1/2011 Page 50 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And... Township of Proud Heritage, Exciting Future June 28, 2011 Re: Township of Oro - Medonte — Council Resolution — The CMT Country Music Festival — August 26, 27, & 28, 2011 at Burl's Creek Family Event Park as a Municipally Significant Event To whom it may concern: The Township of Oro - Medonte has received correspondence dated June 24, 2011 from Thirteen Entertainment Inc. regarding the upcoming CMT Music Festival being held at Burl's Creek Family Event Park from August 26 to 28, 2011. Included in the correspondence were preliminary details related to the event. Based on the information provided by Thirteen Entertainment Inc. we believe this will be a significant event for our municipality and look forward to their organization working with many of our local businesses. The organizers and venue owners will be working with the necessary Township departments and local police to ensure that the event will provide a safe environment for everyone. We look forward to receiving further information from Thirteen Entertainment Inc. at our upcoming meeting of Council on Wednesday, July 13, 2011. Yours espectfully, Ma arry Hughes /dbb Cc: Members of Council 148 Line 7 South, Box 100 P: (705) 487 -2171 www.oro- medontexa Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 51 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And n � 1 zi Page 52 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And Page 53 of 423 u Q, 4 W N 4- c c co ai > to i 4' N O U .N }, ice+ C CU M OJ W L �W N co CO _ N CD N E -a N cu � a +, - � c > a� m E 0) 00 E _ IA O O1N02101 O Ln O +' E i0 L O +O•, 4- O i U Q� O O W CO O p ai - sn E Ln L N L t}- f0 W � CO U i —a O N N CO M O '� O O c-I O O w z cc cu O v O O N CO •� �'' U �'�J! i 4 EL 3 Z U cu O C O Q 4- t t o cc W c0 It tO a� $ cu U ate+ 4- 'a v V O - sue... U G W O N i CO 3 � t .O i fU N L- N Q O v 3 0 — O —_ U 3> r a co _ Page 53 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And Page 54 of 423 Li U. 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E is v*'i ° v w L m >i v X O O E o i M 5 *' m Y w v an 3 s CD 0 Ol O O O T N C N U C o0 W 0 i w N O m U N— m L 0 m C w C m m O- > m [0 a� �i 0 0 N J t O C t C C y.+ w U W cn _C 0 v-- Q V1 LN d' 0- O O g�E I _ Page 54 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And u �4 E > L o U O W O .N N O _0 �< Qj X O S- N (O N E i c w N (0 � +j V 0 co N /- S W i f C 4- c > W Ln H °o V c OLN0 OJL o E o cu +� C 4-P o > L 4- N ai W , � O � O C�0 O 4 C > i s- N Z., fa N N i Q i 4T A W �O, f6 rJ i E cn t ^ :E O E N Q N O 4-- W O O z -O _r_ U C C � e F kn CU co N L CU cc O O O O p v- -1 CL c s O JE N W f0 - f0 O N C N U 4- ±' - a-+ W O N (O F-- Q L O f6 _ O L O —_ rio Page 55 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And Page 56 of 423 a o � a H � � 0 0 ; Oct 1 CL O C � O � v v 3 "= Ln - � a v a w zi 4-j 4-j v LLJ •V 4J s ue_ i a i i °' � -S-- Q a —� w O = W a E o ocmvv'n�O a W t; Z v Q O Ilk, Page 56 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And a, c 0 0 v� N Q U U o � O � h .QJ v CO Q ts ta•� o o � y LL.I O O COi ,01 O v �. v LI F _ s .emu �7 Page 57 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And 9 E �yv ,d � O Cdr O O � u v U N O O E v E N aj v c v m 0 L o i O v ca O +_ O_ -O v O N— 3: p m V1 4-j U n O p O ++ O N O (6 (p LA m U O= Q OM O aj o i c m O p O �D d d (n v i M = O L- +' s ° v► a U Z 0 N O tw a1 Q w U _ v -1 m O -0 m V) Q = v i _ pi v LLJ In U Y •� O aJ a 0 O O U L m > Is Vz �- Q O � O ra � � v > W m o0 bA vii ai Page 58 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And _ o U C - h4r.: O 1 1 1 1 1 , U) J co � LLJ 2 z F-- Z W Q Q w z Z z p < 0 D- O F-: U U) Lij U w > z o Q X w w LU U -� U C z f Page 59 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And Page 60 of 423 U) L M `. w �o O Y ++ O w O to _V V M m m d > ti Q.N aio� E Q M E O W v CL LLJ V H O h y U Q 1 a-+ GD C z Q O >6 f O c z -D y LL n M L-n � h vs v C O v > a U Q O Z 0 ' Z M > 3 n O v f a v 0 > a O c "`` N an �- . 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U L L L - 41 a . c mu 3— I f.: s - - c Ala I- c Page 62 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And ?' 6B o o o a, o ° C!i o L to -0 C Ui U Q Q LL V (U a) s � U E U c O O U cu a) H _0 O U W � a G r U u Q f6 '0 i M E �- i U CO Q O v cu co -O O = U ci v �-0 3 0 S N i L 4J Ct0 � � U CO � Ui1 o c� -0 Q a- O U O a �x Page 63 of 423 9b) - 10:10 a.m. Lisa Groves, Burl's Creek Park and Kit And Page 64 of 423 Vim.! 0O Oj U V 1 O c6 o Q LLJ 4-J Q0 � > W O 4-J N fB N r ^ aF a--+ CAA — ri +-' N 4 N Qj vim- O � _ Qj C!J On M N O O _U_ "J co L N Q) � (6 i� CL > —. 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I 1 ,11 1 r ytl it, is +tl 6 1 j I Y �' it I •t � �� �p��' - 't 1� .,� .• As Page 95 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -093 Being a By -Law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers. ( "Towing By- Law ") WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising the authority under the Act; WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, enables a municipality to enact By -Laws for the purpose of business licensing; WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides for licences; WHEREAS Section151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may provide for a system of licences with respect to a business; WHEREAS Section155 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality, in a By -Law under Section 151 with respect to owners and drivers of tow trucks and vehicles, other than motor vehicles, used for hire may (a) establish rates of fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and (b) provide for the collection of the rates or fares charged for the conveyance; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte has deemed it expedient to licence and regulate towing companies, tow truck owners and tow truck drivers. NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte enacts as follows: 1. That the Licensing and Regulation of Towing Companies, Tow Truck Owners, and Tow Truck Drivers shall be governed by the provisions and regulations contained in Appendix "A" and Schedules 1, 2, 3, 4, 5, 6, and 7 attached hereto and forming part of this By -Law. 2. That this By -Law may be cited as the "Towing By -Law" 3. That Towing Companies, Tow Truck Owners, and Tow Truck Drivers operating within the geographical boundaries of the Township of Oro - Medonte shall have 6 months from the date of this By -Law coming into effect to be licensed in accordance with the provisions of this By -Law. Page 96 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law StFikethFe ugh means to be removed from the draft 4. This By -Law shall come into force and effect on the date of its final passing. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS DAY OF 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes CI Page 2 of 35 Page 97 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFikethFe gh means to be removed from the draft APPENDIX "A" To By -Law No. 2011 -093 1. DEFINITIONS 1.1. For the purpose of this By -Law: Applicant: means a person or corporation having made an Application pursuant to this By -Law but has not yet been issued a License pursuant to this By -Law. Automobile: means a motor vehicle as defined by the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended, (herein referred to as the Highway Traffic Act), but does not include a motorized snow vehicle or streetcar. Business: means a trade, or occupation and includes the sale or hire of goods or services on an intermittent or one-time.,-,basis, and any activity or thing a local municipality may Licens ,' r � the Municipal Act, 2001, S.O. 2001, c.25, as amended (h ferred to as the Municipal Act). By -Law: means any By -Law enacted by the Council `" Corporation of The Township of Oro - Medonte. Chief Municipal Law Enforcement Officer: means a person appointed to the position of Chief Municipal Law Enforcement Officer by the municipality and their designate. Clerk: means the Clerk for the Township or their designate. Collision: means a vehicle that has been in a collision with another vehicle(s) or that has struck an object or was struck by an object, or that has turned over, and in all such cases, did receive damage or was damaged, or appears to have been damaged and /or was disabled by a fire. Collision scene: means the general location or place where a collision occurred and includes two hundred (200) metres of the location or place of the collision. Collision towing: means the towing of a disabled vehicle as the result of a collision, but does not include the towing of a vehicle as a result of mechanical failure, an impairment, a police seizure, a vehicle fire not involving a collision, or other similar cause, and if the presence of a police officer at the scene of a tow does not define or classify the towing as "collision towing ". Compound: means a Motor Vehicle Storage Yard, fully fenced area with fencing a minimum of six (6) feet high, overhead light which remain on during the dark hours and the lighting is consistent throughout the impound area or an indoor secured facility, accessible on a twenty - four (24) hour basis, with restricted access for pedestrians, with a separate access from any other residential or commercial operation on the property, with a separate office on the same property as the compound, located within the boundaries of the Township of Oro - Medonte and in compliance with the Township's Zoning By -Law. Corporation: means The Corporation of the Township of Oro - Medonte. Council: means the Council for The Corporation of the Township of Oro - Medonte. Page 3 of 35 Page 98 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFikethFo gh means to be removed from the draft Detachment Commander: means the Detachment Commander, Ontario Provincial Police, Barrie Detachment, who is responsible for the effective operation and administrative management of the Detachment in accordance with the Ontario Provincial Police Policy. Employee: means an officer, servant or other employee of the Township, but does not include: a) a member of Council; b) a Council appointee to a local board and whose remuneration from the Township results from their membership on such local board or other body; c) an employee of a local board or other body; or, d) a municipal auditor. Hirer: means a person and /or owner of a vehicle, requiring towing services and who authorizes the service to occur by completing the Authorization Form. Heavy Towing: means any vehicle or combination of vehies with a gross vehicle weight of a minimum thirty -three (33)'xt sand pounds (15,000 kilograms) or greater Licensing Officer: means the Clerk for the Township or their designate. } License: means a License issued pursuant to this By -Law. Licensee: means a person who has been issued, and still holds, a current License pursuant to this By -Law but shall not include an Applicant. Maintain: means to be in charge of, or have control of the operation of a business, and shall include the operation of a vehicle. Ministry of Transportation Enforcement Officer: means a designated officer appointed by the Minister of Transportation and any person so appointed has authority to act as a constable throughout Ontario, is appointed as a Provincial Offences Officer and a Peace Officer and has the authority as a Police Officer for the purposes of the Highway Traffic Act and the Compulsory Automobile Insurance Act, R.S.O. 1990, Chapter C.25. Municipal Law Enforcement Officer: means a person appointed to the position of Municipal Law Enforcement Officer by municipality or their designate. Nuisance: means any activity or action which disturbs or is likely to disturb any individual. Office: means an enclosed structure, equipped with a land line telephone, facsimile machine, desk, minimum of two (2) chairs, which is accessible twenty -four (24) hours a day, seven (7) days a week. Officer: means a Municipal Law Enforcement Officer, and /or a Provincial Offences Officer as appointed by the municipality. Operate: means to manage, work, control, maintain, put or keep in a functional state any business. Page 4 of 35 Page 99 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFil(ethFo ugh means to be removed from the draft Owner: means the registered owner of the lands, premises and /or equipment, or the person or their authorized agent in lawful control of the lands, premises and /or equipment and who permits the operation of any business. Person: means any individual, corporation, partnership, company, association or party and the heirs, executors, administrators, or other legal representative of such person, to whom the context can apply according to law, shall include any group of persons comprising a society or other organization and shall include the plural wherein the context requires. Peace Officer: means a Police Officer or other person employed for the preservation and maintenance of the public peace, or for the service or execution of civil process, or any officer appointed for enforcing or carrying out the provisions of any Federal or Provincial Act. Police Officer: means a sworn peace officer of the Ontario Provincial Police, the Chief of Police or any other Police Officer, including a person who is appointed as a Police Officer under the Interprovincial Policing Act, 2009, S.O. 2009, Chapter 30 (herein referred to as the Interprovincial Policing Act), but does not include a Special Constable, a First Nations Constable, a Municipal Law Enforcement Officer or an Auxiliary Member of a Police Force, as per the Police Services Act, R.S.O. 1990, Chapter P.15 (herein referred to as the Police Services Act). Premise: means land, including any and all buildings or other structures thereon and includes any vehicle or conveyance used in the operation of the Towing Company. Rates: means the agreed rates set out in the Tariff of Rates as identified in Schedule 5 of this By -Law to be periodically reviewed by the Licensing Officer to account for fluctuations, inflation and any /all extreme factors. Shall: is mandatory and not discretionary, words in the singular shall include the plural, words in the plural shall include the singular, words in the present tense shall include future or past tense. Tow: means to remove or impound a vehicle whether or not such towed vehicle is intact or in an inoperable condition, by means of a tow truck or a flatbed truck also known as a tilt and load vehicle. In the absence of any evidence to the contrary, the tow will be deemed to originate in the Township. Township: means The Corporation of the Township of Oro - Medonte. Towing Company: means a person who owns a tow truck or has possession or control of a tow truck under an installment purchase agreement, a rental agreement, or other agreement. Tow Truck: means a motor vehicle used for hire for towing or otherwise conveying vehicles whether or not such towed or conveyed vehicle is intact or in an inoperable condition shall include but is not limited to vehicles that tow or convey by way of a flatbed truck, tilt and load, hoist, dolly, pulleys, chains or other similar items. Tow Truck Driver: means the person responsible for the care and operation of the tow truck and services related thereto. Page 5 of 35 Page 100 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFakethFo ugh means to be removed from the draft Vehicle: means a motor vehicle as defined by the Highway Traffic Act, as amended, but does not include a motorized snow vehicle or streetcar. 2. PURPOSE 2.1 The Council of the Township of Oro - Medonte considers it desirable and necessary to License, regulate or govern owners and drivers of tow trucks for the purposes of: a) Health and safety, to encourage safe maintenance and operational practices for owners and drivers, to ensure accountability for health and safety issues. b) For the purpose of consumer protection, to encourage equal, fair and courteous treatment of passengers, drivers and owners. d) To protect the property of passengers, to ensure competence of owners and drivers in providing tow truck services. e) To promote accountability, to ensure consistency in the Application of rates charged, to support proper and good practices, for the purpose of nuisance control. f) To promote professional behaviour and fair dealing among participants in the business, to ensure courteous treatment, and to limit or mitigate unsightliness, unnecessary noise, nuisance or disruption for passengers, drivers, owners and the general public. , 3. GENERAL PROVISIONS 3.1 Requirement for a License a) Every person carrying on, conducting, operating, maintaining, keeping Of and engaging in any activity as a tow truck owner and /or a tow truck driver, shall be required to obtain a License to do so from the Licensing Officer. b) A person shall be acting as the driver or owner of a tow truck if that person conveys or seeks to convey, for hire, or holds themself out, by their actions or words, as being available to convey, for hire, a vehicle from a point within the Township, to either a point also from within the Township, or any point beyond its limits whether such conveyed vehicles are intact or inoperable. c) An unlicensed owner and driver are both exempt from Subsections 3.1 a) and 3.1 b) if such owner and driver are based outside the licensing boundary of the Township and they are in the process of towing a vehicle and that specific service originated from outside the geographic boundary of the Township. d) Unless provided otherwise in this By -Law a person who is the owner of more than one tow truck shall take out a separate License for each tow truck owned by them which is to be used in the Township. e) The person who is the owner of more than one tow truck shall not remove and affix an issued owner's plate between tow trucks. f) No person shall be licensed under this agreement unless they are at least eighteen (18) years of age and a citizen of Canada or a landed immigrant, or has a valid employment authorization issued by the Government of Canada to work as a driver or owner and has a working knowledge of English. g) The provisions of subsection 3.1 f) do not apply to a corporation. Page 6 of 35 Page 101 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft h) No person shall publish or cause to be published any representation that they are licensed under this By -Law if they are not. 3.2 Application for a License - General a) Any person required to obtain a License pursuant to this By -Law shall apply in writing on the appropriate Application as set out as Schedule 1, 2 or 3 of this By -Law, and shall deposit, at the time of Application, with the Licensing Officer, all required License Fees as set out Schedule 4 to this By -Law for each category, as well as any required approvals, inspections or documentation required by the provisions of this By -Law or as deemed necessary by the Licensing Officer. b) The Licensing Officer shall not issue a License until: all required approvals and inspections have been obtained by the applicant; ii) all required documentation has been provided; and iii) all License fees have been paid in full. C) There shall be a separate Application for each towing company, tow truck and tow truck driver to be licensed. d) The applicant shall comply with any and all requirements as set out in this By -Law as well as any other provisions which may govern the business, place or premise used in the carrying on of the business and /or the persons carrying on the business or engaged in it and to which the Application pertains. e) The Licensing Officer, upon receipt of the Application for a License may make, cause to be made, or request, any additional documents, investigations or inspections to be made in respect of such Application for a License as the Licensing Officer deems appropriate or in the interest of the general public, and any costs incurred for such inspection or documents shall be at the applicant's expense. Any License issued may be subject to such terms and conditions as the Licensing Officer may prescribe. g) Except as may otherwise be specified within this By -Law, every License shall expire one year from the date from the day it was issued. h) A renewal License shall follow the same process as a new License but will be identified as a renewal on the Application form. If the applicant is a corporation, a copy of the incorporating document shall be provided. j) If the applicant is a registered partnership, a copy of the registered declaration of partnership shall be provided. k) In regards to 3.2 i) or 3.2 j), a record of all offences for which there has been a conviction registered against the applicant under any By -Law, provincial statute or federal statute either as an individual applicant or as a partnership applicant, directors or shareholders or officers of the corporate applicant; such record issued within 60 days of the date of the Application received by the Licensing Officer shall be provided. Page 7 of 35 Page 102 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft Upon being satisfied that the applicant is entitled to obtain a License under the provisions of this By -Law, the Licensing Officer shall prepare and issue a License to the said applicant. 3.3 Application for a Towing Company 3.3.1 The applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) A duly completed Application form as set out as Schedule 1 of this By -Law. b) Payment of the appropriate fees as set out as Schedule 4 of this By -Law. C) Proof of Commercial General Liability Insurance obtained and kept in force during the term of the License issued, satisfactory to the Township, be written by an insurer licensed to conduct business in Canada and include but not be limited to the following: i) A limit of liability of not less than $5,000,000.00 (five million) for each occurrence. ii) The Township shall be named as an additional insured. iii) The policy shall contain a provision for cross liability in respect of the named insured. iv) Non -owned a4 obile coverage with a limit of at least $5,000,000.00 million) including contractual non -owned coverage. V) Products and completed operation coverage (Broad Form) with an aggregate limit not less than $5,000,000.00 (five million). vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest Clause, Contractual Liability - Oral & Written, Contingent Employer's AVLiability, Employer's Liability, Broad Form Property Damage and Pollution From A Hostile Fire. ii) That 30 (thirty) days prior notice of an alteration, cancellation or material change in policy terms which reduces coverage's shall be given in writing to the Township. d) Proof of a standard Automobile Policy with limits no less than $5,000,000.00 (five million) in respect of each owned or leased licensed vehicle to be obtained and kept in force for the duration of this contract automobile. e) Proof of Goods and Services Tax (GST) registration or Harmonized Sales Tax (HST) registration. A written Statement of Rates and Charges for all services provided by the towing company to the Licensing Officer. The Licensee shall ensure that no other rates or charges are demanded or received by any tow truck driver. The Statement of Rates and Charges will be periodically reviewed by the Licensing Officer and Tow Truck Companies to ensure mutually agreed upon rates. g) Any changes in the Statement of Rates and Charges shall be filed with the Licensing Officer 90 (ninety) days prior to the new Statement of Rates and Charges taking effect. Page 8 of 35 Page 103 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft GE)FRPaRy, WhiGh shall KR6.11--de the dFOY&F8 f1_111 Raffle, date Of biFth, hGFRe i) A completed Occupational Health and Safety Statutory Declaration Form as set out as Schedule 7 of this By -Law. j) A Criminal Record Check obtained from a Police enforcement agency and dated within 30 days of the date of receipt of the Application, including, if applicable, a Vulnerable Sectors Check, for each owner(s) of the Tow Company. k) Any other required inspections, approvals or documents as required by the Licensing Officer. 3.4 Application for a Tow Truck 3.4.1 The applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) A duly completed Application form as set out as Schedule 2 of this By -Law. b) Payment of the appropriate administrative fee as set out as Schedule 4 of this By -Law. C) The vehicle's make, model, year and Vehicle Identification Number for each vehicle to be Licensed as a tow truck. d) Proof of a standard Automobile Policy with limits no less than $5,000,000.00 (five million) in respect of each owned or leased licensed vehicle to be obtained and kept in force for the duration of this contract automobile. e) A copy of the certificate of insurance for the tow truck for which they are the owner. The Township shall be given at least ten (10) days' notice, in writing, of the cancellation or expiration or variation in the amount of the policy and insuring each such tow truck have a minimum of the following amounts: i) In respect to any one claim, in the amount of at least $5,000,000 exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property. ii) In respect of any one claim, in the amount of at least $200,000 against liability for damage to a customer's motor vehicle while in their care, custody or control and caused by collision, upset, fire, lightning, theft or attempt theft, malicious mischief, windstorm, hail, explosion, riot, civil commotion or rising water. iii) In respect of any one claim, cargo liability insurance in the amount of at least $100,000 to indemnify the applicant against loss by reason of their legal liability indirect physical loss or damage to vehicles and other items of property accepted by the applicant for towing or conveyance. f) A valid and current Motor Vehicle Permit issued by the Ministry of Transportation issued in the applicant's name for each tow truck being Licensed. g) The Ontario License plate number as issued by the Ministry of Transportation. Page 9 of 35 Page 104 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft h) A Ministry of Transportation Annual Inspection Certificate issued under the Highway Traffic Act showing that the tow truck has been inspected within the previous sixty (60) days of the date that the Application has been received by the Licensing Officer. A Ministry of Transportation Safety Standards Certificate issued under the Highway Traffic Act within the previous sixty (60) days of the date that the Application has received by the Licensing Officer. j) A Vehicle Inspection letter from a Certified Master Installer to demonstrate that the Tow Truck complies with Transport Canada Regulations for the Towing of Vehicles. k) Proof of speed governing at 105km for trucks registered over 11,794 kilograms for vehicles manufactured in 1995 or later. Certificate of Inspection that the tow truck complies with the National Safety Mark under the Motor Vehicle Safety Regulation or a Certificate that the tow truck to be Licensed is exempt. m) A letter identifying that front line service tow trucks are no older than fifteen (15) years and reserved service tow trucks are no older than twenty (20) years. n) In the case of a tow truck which is not owned by the towing company, the registered owner's name and address, the vehicle identification number and the Ontario License plate number as issued by the Ministry of Transportation for each vehicle to be used as a tow truck. o) If a tow truck is a leased vehicle, the applicant shall provide a copy of the lease agreement for each of leased tow truck being Licensed. p) A Tow Truck License may be reissued by the Licensing Officer for the replacement vehicle where a person holds a valid Township License under this section for the current year and where such person certifies that the tow truck Licensed under this section has been removed from service and is being replaced by another vehicle to be operated as a tow truck, and upon submission all documents required under this By -Law. p) Any other required inspections, approvals or documents as required by the Licensing Officer. 3.5 Application for a Tow Truck Driver 3.5.1 The applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) Two (2) pieces of identification, one of which shall be photographic identification detailing the applicant's birth date, legal name and current residential address. b) The applicant's original Ontario Driver's Licence with a minimum Class G designation with no driving restrictions. C) An Ontario Driver's Licence abstract obtained from the Ministry of Transportation and dated within 30 days of the date of receipt of the Application. d) A Criminal Record Check obtained from a Police enforcement agency and dated within 30 days of the date of receipt of the Application, including, if applicable, a Vulnerable Sectors Check. Page 10 of 35 Page 105 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft e) Documentation to the satisfaction of the Licensing Officer from the owner of the towing company for whom the applicant is to provide services as a tow truck driver confirming that the applicant is employed by or otherwise authorized to provide services as a tow truck driver for the said towing company. A statement in writing if they have any pecuniary interest either directly or indirectly, in a vehicle pound, yard or building used for the storage or impounding of vehicles, a vehicle body shop or other kind of public garage or any other yard, shop, building or place used for the storage, repair or servicing of vehicles, and provides and files with a Licensing Officer full information as to the location and the type of facilities in which they have an interest and the nature and extent of the interest. 3.6 Duties of Licensing Officer a) Upon receipt of a complete Application including required documentation and the appropriate fees have been paid, the Licensing Officer may prior to the issuance of any such License: make any inquiries to any municipal employee(s) who has carried out inspections relative to the Application. ii) receive reports from such municipal employee(s) as may be deemed necessary. iii) inquire into all relevant matters in order to ascertain if the applicant is entitled to a License under the provisions of this By -Law. b) Where the Licensing Officer is satisfied that the applicant is entitled to obtain a License under the provisions of this By -Law, the Licensing Officer shall prepare and issue a License to the said applicant. c) Where the Licensing Officer is not satisfied that the applicant is entitled to obtain a License under the provisions of this By -Law, the Licensing Officer shall prepare a written notice to the said applicant outlining the said reasons. The notice shall include a statement that the applicant has the right to appeal the decision of the Licensing Officer to Council. 3.7 Administration Fees a) Administration fees, as set out in Schedule 4 of this By -Law are to be paid prior to the issuance of a license. b) An administration fee as set out in Schedule 4 shall apply to the following: In the event that a License issued under this By -Law is lost or destroyed, the Licensing Officer upon satisfactory proof of such loss or destruction, and upon payment of an administration fee, the Licensing Officer shall issue a duplicate of the original License, upon which shall be stamped or marked the word "DUPLICATE ". ii) Where ownership of an business is not changed or affected but such the operating name of a business changes, the Licensee shall immediately notify the Licensing Officer and upon payment of an administration fee and being satisfied that there have been no other changes in the circumstances of the Licensed business, the Licensing Officer may issue a replacement of the original License. The Licensee shall return and surrender their License in order to affect such a change. Page 11 of 35 Page 106 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... reel /bold writing means additions to the draft by -law stFikethFo gh means to be removed from the draft 3.8 Change of Ownership a) Every Licensee shall, upon change of ownership of the Licensed business return and surrender their current License to the Licensing Officer. The new owner shall make Application for a new License as set out in this By -Law. 3.9 Change of Premise or Location a) Where a currently Licensed business changes location or premise, such new location or premise shall not be deemed to be Licensed. The applicant must immediately make Application for a new License under the provisions of this By- Law and shall surrender to the Licensing Officer the License issued in respect of their previous location or premise. 3.10 Licenses Personal a) No person shall enjoy a vested or property right in any License or the continuance of any License and such License such rights shall remain the property of the Township. b) Licenses are not transferable. 4. INSPECTION a) The Municipal Law Enforcement Officer, Provincial Offe Officer, Police Officer, or other duly appointed individual may at all re able times, inspect or cause to be inspected the premise, facilities, equip , vehicles, and other property used or kept for hire in connection with the carrying on of a business which is Licensed or which is required to be Licensed pursuant to this By -Law. b) The Licensing Officer may waive the requirement for any inspection, approval or documentation as may be required pursuant to this By -Law where such inspection, approval or documentation is not applicable to the carrying on of the business which is "Licensed or required to be Licensed under this By -Law 5. POSTING OF LICENSE a) Any License issued under this By -Law shall be prominently and conspicuously posted on the Licensed truck at all times, is required to be shown by the tow truck driver to the hirer prior to the commencement of any work and is required to be produced by the towing company owner if requested. 6. REFUSAL TO GRANT A LICENSE 6.1 The Licensing Officer may refuse to grant or issue a License to any applicant who: a) Has breached this By -Law in the past. b) Has failed to comply with the requirements of this By -Law or other applicable By -Laws of the Township or any Local Board thereof, or any Statute, Order - in- Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the applied for Licensed activity of the business, vehicle or premises used or for hire in connection with the License activity. C) Has any outstanding fines imposed under the Provincial Offences Act R.S.O. 1990, Chapter 33, as amended, (herein referred to as the Provincial Offences Act), for the contravention of any provision of this By -Law, or any Page 12 of 35 Page 107 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFakethFough means to be removed from the draft other municipal By -Law or Provincial statute where such fine is associated with an offence arising out of the conduct, operation or activity within or in conjunction with such business. d) The applicants Ontario Driver's Licence is currently suspended, prohibited or restricted due to either a Court Order, or the result of a conviction for an offence under the Criminal Code or the result of a conviction for an offence under any Provincial Statute. e) Has not paid the fees as set out in Schedule 4 of this By -Law. 6.2 The Licensing Officer may refuse to grant a License to any applicant where the Licensing Officer believes it is in the public interest to do so. 6.3 The Licensing Officer may refuse to grant a License to any applicant where the Licensing Officer has received three substantiated written complaints in one licensing year regarding the applicant. 7. SUSPENSION /REVOCATION 7.1 The Licensing Officer may suspend or revoke; License issued to any Licensee who: a) Has breached this By -Law in the past. b) Has failed to comply with the requirements of this By -Law ora pr applicable By -Laws of the Township or any Local Board thereof, or any te, Order- in-Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the applied for Licensed activity of the business or premise, facilities, equipment, vehicles and other property used or kept for hire in connection with the License activity. C) Has any outstanding fines imposed under the Provincial Offences Act for the contravention of any provision of this By -Law or any other municipal By -Law or Provincial statute where such fine is associated with an offence arising out of the conduct, operation or activity within or in conjunction with such business. d) Has their Ontario Driver's Licence suspended, prohibited or restricted due to either a Court Order, or the result of a conviction for an offence under the Criminal Code or the result of a conviction for an offence under any Provincial Statute. 7.2 The Licensing Officer may suspend or revoke any License issued to any applicant where the Licensing Officer believes it is in the public interest to do so. 7.3 The Licensing Officer may suspend or revoke a License to any applicant where the Licensing Officer has received three substantiated complaints in one licensing year regarding the applicant. 7.4 Any suspension of a License may be subject to such terms and conditions as the Licensing Officer may prescribe. 7.5 No person shall operate any Towing Company, tow truck or act as a tow truck driver contrary to any License suspension, or terms and conditions thereto, or where such License has been suspended or revoked. Page 13 of 35 Page 108 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... reel /bold writing means additions to the draft by -law stFikethFe gh means to be removed from the draft 8. NOTICE AND APPEAL 8.1 Where the Licensing Officer refuses to issue, suspends, imposes conditions onto a License, or revokes a License, the Licensing Officer shall notify the applicant in writing of such decision. The Notice of Decision shall set out: a) The grounds upon which the issue of the said License is refused, suspended, conditions are imposed or revoked. b) That the applicant or Licensee may appeal such decision to Council by filing with the Clerk an appeal, in writing, of the said decision within fifteen (15) business days of being notified of the decision of the Licensing Officer. C) A statement that if no such appeal is received by the Clerk within fifteen (15) business days of being notified of the decision of the Licensing Officer, that the applicant or Licensee shall not be entitled to any further notice of proceedings. 8.2 Upon receipt of an appeal from the applicant or Licensee the Clerk shall: a) Fix a date and time for such matter to be considered by Council. b) Send a Notice of Hearing to the applicant or Licensee by registered mail at the last address as shown in the records of the Licensing Officer and to any other person who has applied to be heard with regard to the matter at least fifteen (15) business days prior to the date and time fixed for such hearing. 8.3 Where the Clerk does not receive an appeal from an applicant within fifteen (15) business days, the Licensing Officer need not process the Application further, no further notice is required to be served on the applicant, and no refund of any fees paid is required. ................... 8.4 At the Hearing, Council may: a) Receive a written report from the Licensing Officer or anyone who may be involved in the matter being considered by Council. b) Afford an opportunity to the applicant or Licensee, either personally or through their agent or solicitor, to present such material and evidence relevant to the issue before Council and may ask questions of any person presenting evidence or a report to Council relevant to the said issue. c) Afford any other person who requests to be heard and who appears to have an interest in the matter under discussion, an opportunity to present material and evidence relevant to the issue before Council and to ask questions of any person presenting evidence or a report to Council relevant to the said issues. 8.5 Council, in considering whether or not to grant, refuse, revoke or suspend a License shall have regard to the following: a) Whether or not the applicant or Licensee and the compound, tow truck and /or tow truck driver in connection with the carrying on of a business which is Licensed or which is required to be Licensed, pursuant to this By- Law, complies with all requirements of this By -Law. b) Whether or not the applicant or Licensee has failed to promptly remedy any reasonable concern with regard to those matters set out in this By -Law or has committed past breaches of this By -Law. Page 14 of 35 Page 109 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft C) Whether or not the applicant or Licensee has failed to comply with any requirements of any other applicable By -Law of the Township or Local Board thereof, or any Statute, Order -in- Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the Licensed activity. d) Whether or not the applicant or Licensee has any outstanding fines imposed under the Provincial Offences Act for the contravention of any provision of this By -Law. e) Whether or not the applicant's or Licensee's Ontario Driver's Licence has a legal restriction resulting from either a Criminal Charge or a Criminal Conviction. 8.6 Where an applicant has been referred to the Council for a hearing and the applicant does not attend before the Council at the time and place of which notice has been served upon such applicant, the Council may hold a hearing in the absence of the applicant or may decide to take no further action with respect to the Application, and no further notice is required to be served upon the applicant. 8.7 Council may, after the appropriate hearing is conducted, grant a License, refuse to grant a License, revoke a License, suspend a License or impose conditions on a License, and may make any suspension of License subject to such terms or conditions as Council may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the applicant or Licensee. 8.8 The decision made by Council shall be confirmed in writing by the Chair of the Council meeting and shall be mailed to the applicant or Licensee at their last address as shown in the records of the Licensing Officer, to any person who has appeared before Council and requested that a copy of the decision be provided to them, and to the Licensing Officer. 9. DUTIES OF A TOWING COMPANY, TOW TRUCK OWNER AND TOW TRUCK DRIVER 9.1 Every licensed towing company shall: a) Provide and maintain a suitable office for the purpose of dispatching and administration of the Towing Company, within the compound as permitted in the Township's Zoning By -Law. b) Ensure that they are able to provide 24 hour tow truck service to the public for each day of the year. C) Ensure compliance, with Sections 9.2 and 9.3 of this By -Law for any tow truck owner and tow truck driver operating on the towing company's behalf where applicable. d) Provide telephone and radio dispatching equipment and facilities in proper working condition. e) Permit to be operated only a tow truck with a gross vehicle weight rating of at least 4,536 kg (10,000 lbs.) RRd ^ *FeG- ^r be4y. f) Ensure that every driver of a tow truck is the holder of valid Ontario Driver's Licence issued to them by the Ministry of Transportation for the Province of Ontario and that such License is valid at all times which such driver is engaged in driving any tow truck used by the Licensee. Page 15 of 35 Page 110 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFikethFe gh means to be removed from the draft g) Submit such tow truck for safety inspection annually or as otherwise required by the Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual under the provisions of the Highway Traffic Act as necessary, and such valid and current Safety Standards Certificate issued pursuant to the Highway Traffic Act shall be filed with the Licensing Officer. h) Maintain with the Licensing Officer at all times, a list of tow truck drivers who will drive tow trucks on behalf of the towing company and shall notify the Licensing Officer within two (2) business days of the termination of employment of a driver licensed pursuant to this By -Law. i) Ensure due performance and observance of all the provisions of this By -Law by themselves and by their employees and all other persons in or upon the premise which is Licensed under the provisions of this By -Law. j) Use only stationery, forms, bills, invoices, statements and any other printed or written advertising material including any published advertisement in a newspaper, periodical, directory or other publication, which has printed therein in clearly legible figures and letters their name and address. k) Not make representation in any form that the Towing Company, Tow Truck Owner or Tow Truck Driver has the endorsement of the Township, the Ontario Provincial Police or any other Police Agency except with the written permission from the Township, the Ontario Provincial Police or any other Police Agency. 1) Have attached to or painted on both sides of the body of the tow truck in a location approved by a Licensing Officer, in letters and figures not less than eight centimetres (approximately three inches) in height, the name and telephone number as shown on the Towing Company's License. Where the Towing Company owner owns more than one truck, a number identifying each tow truck. m) Only use the service of a tow truck driver who is licensed as a driver under this By -Law. n) Make all facilities and /or equipment available for inspection at any time requested by the Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual. o) Strictly control access to the compound at all times. P) Be entirely responsible for the repair of any damage to any impounded vehicle caused during the impoundment period. 9.2 Every licensed tow truck owner shall: a) Maintain the interior and exterior in good repair and keep the tow truck in a clean and sanitary condition at all times. b) Ensure that the tow truck driver operating on their behalf charge the rates for services permitted by the provisions of this By -Law. C) Ensure that the tow truck driver operating on their behalf charge the rates filed with a Licensing Officer for towing and for services beyond those services stipulated in this By -Law. Page 16 of 35 Page 111 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFikethFe gh means to be removed from the draft d) Ensure that the tow truck driver operating on their behalf keeps an orderly record of all calls answered by tow trucks owned by them shewiRg date, e) Ensure that they are able to provide 24 hour tow truck service to the public for each day of the year. f) Provide telephone and radio dispatching equipment in proper working condition. g) Permit to be operated only a tow truck with a gross vehicle weight rating of at least 4,536 kg (10,000 lbs.) ^ ^-' ^ ^^k^: -hedy. h) Ensure that every driver of a tow truck shall be familiar with the provisions of this By -Law, the laws and regulations relating to traffic and the geography of the Township. i) Ensure that every driver of a tow truck is the holder of valid Ontario Driver's Licence issued to them by the Ministry of Transportation for the Province of Ontario and that such License is valid at all times which such driver is engaged in driving any tow truck used by the Licensee. j) Submit such tow truck for safety inspection annually or as otherwise required by the Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual under the provisions of the Highway Traffic Act as necessary, and such valid and current Safety Standards Certificate issued pursuant to the Highway Traffic Act shall be filed with the Licensing Officer. k) Maintain with the Licensing Officer at all times, a list of tow truck drivers who will drive tow trucks on behalf of the tow truck owner. 1) Not make representation in any form that the Towing Company, Tow Truck Owner or Tow Truck Driver has the endorsement of the Township, the Ontario Provincial Police or any other Police Agency except with the written permission from the Township, the Ontario Provincial Police or any other Police Agency. m) Be responsible for the due performance and observance of all the provisions of this By -Law by themself and all other persons operating the tow truck on their behalf, which is Licensed under the provisions of this By -Law. n) Use only stationery, forms, bills, invoices, statements and any other printed or written advertising material including any published advertisement in a newspaper, periodical, directory or other publication, which has printed therein in clearly legible figures and letters their name and address. o) Have attached to or painted on both sides of the body of the tow truck in a location approved by a Licensing Officer, in letters and figures not less than eight centimetres (approximately three inches) in height, the name and telephone number as shown on the owner's License. Where the Towing Company owner owns more than one truck, a number identifying each tow truck. Page 17 of 35 Page 112 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFil(ethFo gh means to be removed from the draft p) Only use the service of a tow truck driver who is licensed as a driver under this By -Law. q) Have affixed to the tow truck in a location approved by a Licensing Officer the owner's plate issued for that tow truck. r) Give written notice of the sale or other disposition of a tow truck to the Licensing Officer within seven (7) days of any such sale or disposition. S) Accept full responsibility for the acts and omissions of any driver or other employee to the extent that any such acts or omissions do not comply with the provisions of this By -Law. Advise the Licensing Officer, within 10 days, of any change in any License plate issued by the Ministry of Transportation to a Tow Truck licensed by the Township pursuant to either this or any other By -Law. 9.3 Every licensed tow truck driver shall: a) Maintain the interior and exterior in good and keep the tow truck in a clean and sanitary condition at all times. b) Comply with all reasonable instructions from the hirer: C) Take due care of all vehicles and property delivered or entrusted to them for towing. d) Be civil and behave courteously. e) Keep an orderly record of all calls answered by them showing date, time, service starting location, Sta4i ,e ki ' eM ^'^•s ^' thA ° +^,+,Rg IGGatie destination, finishing kilometers at the destination, tow truck vehicle License number and the name of the driver, type of service provided and remuneration collected. The records shall be retained for a period of 12 months from date of entry and shall be open for inspection by any Municipal Law Enforcement Officer, Police Officer or other duly appointed individual at any reasonable time and may be removed by such Municipal Law Enforcement Officer, Police Officer or other duly appointed individual and retained for any reasonable period of time. Before demanding payment for services, present to the hirer an itemized bill for the services setting out the cost of all services and equipment provided or to be provided on the basis of the rate set out in the Tariff of Rates as identified as set out in Schedule 5 of this By -Law and as submitted to the Licensing Officer. g) Keep in the tow truck and show to the hirer a copy of a tariff card showing the collision rates, as per Schedule 5 of this By -Law, the applicable rates filed with the Licensing Officer for non - collision rates and also showing, if applicable, that the hirer may be charged additional fees for storage by the operator of any storage facility or business to which the hirer's vehicle is to be towed. h) Operate only a tow truck with a gross vehicle weight rating of at least 4,536 kg (10,000 lbs.) ^ ^-' ^ peker hn4 Page 18 of 35 Page 113 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFo gh means to be removed from the draft i) Operate only a tow truck which has all of the following equipment in a good state of repair: i) A winching or hoisting device of sufficient capacity to lift safely the vehicle to be towed. ii) Wheel lift or an underlift equipped and maintained in a manner to ensure the safe lifting and conveying of a vehicle to be towed. iii) One device for securing the steering wheel of a vehicle. iv) One dry chemical fire extinguishers having an effective total rating equivalent to at least 4 -13 C, and weighing at least 2.27 kg (approximately 5 Ibs.). V) A minimum of two tow safety chains having a minimum length of 2.7432 metres (approximately 9 feet) each with links of at least 7.9375mm steel (5/16 inches). vi) €ew (4) Three (3) safety pylons. vii) An intermittent amber warning light system Consisting of at least one light which would be clearly "Visible in all dir' ' ns for a distance of least 100 metres (approxirnatiely 328 feet). viii) A broom. ix) A shovel. x) A general purpose first aid kit. xii) At least twe- wheel blocks. xiii) Flares or reflector kits. xiv) Wheel wrenches. xv) Light bar for a rear extension carrier. xvi) A dolly or flatbed truck. xvii) A safety vest. xix) Any other equipment as may be required under the Highway Traffic Act. xx) Any equipment the tow truck driver deems necessary and appropriate. j) Produce trip records upon the request of any Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual. k) Drive the tow truck which is towing or otherwise conveying a vehicle by the most direct route to the destination requested by the hirer, and in the most expeditious manner, unless otherwise directed by the hirer. Page 19 of 35 Page 114 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft 1) Drive the tow truck to a compound appropriately zoned by the Township by the most direct route unless the hirer requests that the vehicle be delivered elsewhere. m) Take due care of all property delivered or entrusted to them and accepted by them for conveyance or safekeeping. n) With the gained approval of the Investigating Police Officer, clean up any debris, fragments of glass, vehicle parts or other materials and which may be a danger to the public from any highway or roadway prior to towing the vehicle from the collision scene. o) Retain all Towing Authorization Forms for at least ninety (90) days from the tow date indicated on the Towing Authorization Form and make them available for inspection upon request by a Police Officer or Licensing Officer. p) Where the hirer refuses to sign the Towing Authorization Form, the driver must indicate such on the form and retain this form for at least ninety (90) days from the tow date indicated on the Towing Authorization Form and make it available for inspection upon request by a Police Officer, or a Licensing Officer. q) Place their tow truck driver's photographic identifiidNitj card, as issued by the Township pursuant to the provisions of this By -Law;; such a manner in the tow truck they are driving as to be conveniently and read by passengers. r) Punctually keep all their appointments and engagements resulting from calls and shall, unless the tow truck they are driving has been previously engaged, serve at any place within the Township and at any specified time, whether by day or night, any person who may lawfully require their tow truck and they shall not neglect to fulfill their appointments or engagements except for reasons beyond their control. S) Upon request of any passenger, give in writing their name and number of the License issued to them under the provision of this By -Law. t) Provide a full recovery service for any and all loads dumped at a collision scene in accordance with any applicable legislation. U) Provide the hirer, after providing proof of ownership of the vehicle, the opportunity to remove any personal property left in the vehicle and itemize those items on the Authorization Form as set out in Schedule 6 of this By- Law. 10.5 Every Tow Truck Owner and Tow Truck Driver shall be prohibited from: a) Using any vehicle as a tow truck unless such vehicle has been Licensed under the provisions of this By -Law. b) Providing any service or operating as a tow truck driver for any towing company which is not Licensed under the provisions of this By -Law. C) Receiving dispatched calls from a Towing Company unless such towing company is Licensed under the provisions of this By -Law. Page 20 of 35 Page 115 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft d) Commencing to tow or otherwise convey or move any vehicles, hook, lift or connect the vehicle to the tow truck unless the tow truck driver has completed a Towing Authorization Form, provided the form to the hirer, and the form has been dated and signed by the hirer and the driver has provided a copy of the completed form to the hirer. e) Commencing to tow or otherwise convey or move any vehicle, or hook, lift or connect the vehicle to the tow truck, or perform any other services unless first requested to do so by a hirer, a Police Officer, any member of a Municipal Fire Department, or any person authorized by law to direct the removal of the vehicle from private or public property. f) Altering the Towing Authorization Form. g) Charging any fare or rate which is contrary to those stipulated in this By- Law or approved by the Licensing Officer. h) Stopping, or parking within two hundred (200) metres (approximately 656 feet) of a collision scene. This provision cities not apply where the tow truck driver has been summoned to the location of the collision by one of the persons referred to in subsection 10.5 e) or where there are fewer tow trucks at the collision s vehicle44, pparently requiring the services of a tow truck. i) Asking or seeking out a hirer or allowing or directing an agent to ask or seek out a hirer, at a collision scene or within two hundred (200) metres (approximately 656 feet) of a collision scene, where the actions of the driver or agent constitute a nuisance. j) Towing or otherwise conveying or moving any vehicle which is to be towed outside of the Township unless it is to a compound authorized by the Township or it is requested by the owner or operator of the vehicle, a Police Officer or member of the Municipal Fire Department. k) Driving or acting as a driver unless the registered owner or where applicable, the lessee, of the tow truck is licensed under this By -Law. 1) Remaining at the scene of a tow after a Police Officer or member of a Municipal Fire Department at the scene has requested that the driver leave the scene immediately. m) Interfering with any contract for hiring of a tow truck where a person has hired or has indicated their intention to hire a tow truck. n) Inducing any person to employ or hire a tow truck by making any false representations to any person, including representations regarding the location of, or distance to, any place. o) Using or permitting to be used, a tow truck which has been found to be unsafe or defective after examination and inspection as required under this By -Law. p) Demanding or requesting payment for their services other than in accordance with the applicable schedule of rates filed with a Licensing Officer. q) Demanding or requesting or receiving a drop fee. r) Charging a hirer for time lost through defects or inefficiency of the tow truck, or the incompetence of the tow truck owner or driver. Page 21 of 35 Page 116 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft S) Suggesting or recommending to any hirer that any motor vehicle in respect of which their services are to be given or requested, be towed, conveyed, driven or delivered to any particular salvage yard, body shop, storage yard or any other public garage, building or place, unless they have been requested to do so by the hirer. t) Permitting a person to be a passenger in a tow truck, except under the following circumstances: i) the passenger is the hirer of the tow truck. ii) the passenger is either the spouse, son, daughter or parent or similar relation in law of the tow truck driver, and in such cases, the driver is not to solicit a tow, engage in any form of towing or have their tow truck within two hundred (200) metres (approximately 656 feet) of the collision scene, nor shall the driver cause or permit their passenger to solicit a tow or take any actions to engage in any form of towing while the passenger is in the tow truck. iii) the passenger has been issued a temporary License and is receiving instructions on driver training as to the operation of a tow truck while a passenger. iv) the passenger is the owner of the tow truck or tow company. V) Is exempt under the provisions of Section 11.4 of this By -Law. u) Soliciting any person to take or use the tow truck they are driving by calling out or shouting or employ or allow any runner or other person to assist or act in concert with them in obtaining any business. The person wishing to use or engage the tow truck shall be left to choose without interception or solicitation. V) Obstructing the use of any sidewalk, make any loud noise or disturbance, use any abusive language, annoy or insult any person whatsoever. w) Parking, stopping or otherwise standing the tow truck contrary to any Township By -Law except while actually at the vehicle and engaged in services as provided by such driver. X) Smoking in contravention of any Township By -Law regarding smoking or any other applicable legislation, whichever is the most restrictive. Y) Falsely representing themselves as an employee of the Ontario Provincial Police, any other Police Agency or the Township, in any manner. Z) Operating a tow truck at any time where such vehicle being operated as a tow truck does not meet, or if put to an inspection, could not pass the Safety Standards established pursuant to the Highway Traffic Act. aa) Permitting any tow truck driver to drive any tow truck unless such tow truck driver is Licensed under the provisions of this By -Law. bb) Permitting any person to dispatch calls on behalf of the Towing Company or to a Tow Truck unless such company or vehicle is Licensed under the provisions of this By -Law to do so. Page 22 of 35 Page 117 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law °+FikethFeugh means to be removed from the draft cc) Breaching or violating or causing, suffering, or permitting any breach or violation of any By -Law of the Township, or any Statute, Order -in- Council, or Regulation of the Legislature of the Province of Ontario or the Parliament of Canada or any Agency, Board or Commission thereof, in, upon, or in connection with the vehicle or activity for, or in relation to which the License has been issued. dd) Causing, suffering or committing any nuisance to arise in, on, or in connection with the vehicle or activity for which the License has been issued. ee) Operating or allowing to operate a tow truck that exceeds the manufacturer's gross vehicle axle rating (G.V.A.R.). ff) Acting, or permitting to act, as a spokesperson to the media on behalf of Police, the Township, any persons or agencies, on all matters occurring, or have thought to be occurring, within a collision scene. 11. HEAVY RECOVERY TOWING / HEAVY RECOVERY FIRM 11.1 A Towing Company shall be deemed to be a Heavy Recovery Towing or Heavy Recovery Firm if the tow company: a) Owns or has immediate access to and ability to operate a minimum of one (1) rotating recovery tow truck with a forty (40) ton minimum manufacturer rated boom. 4) Owns or has immediate access to and ability to operate a minimum of two (2) additional heavy recovery units with a twenty -five (25) ton minimum manufacturer rated boom. 0 Utilizes manufacturer rated safety chains appropriate to the size of the recovery unit. Owns or has immediate access to replacement tractors available at all times. W) Owns or has immediate access to load floats and /or detachable floats and replacement van trailers at all times. f) Is able to provide an appropriate indoor facility for the storage of vehicles for investigational purposes which is deemed appropriate by any investigating officer or any enforcement agency with an auditory alarm and video surveillance. g) Submit such tow truck for safety inspection annually or as otherwise required by the Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual under the provisions of the Highway Traffic Act, as necessary. 11.2 A Heavy Recovery Towing / Heavy Recovery Firm shall provide to the Licensing Officer: a) Proof of Ministry of Environment Provisional Waste Handling Certification. b) A copy of the auditable training programs for the Transportation of Dangerous Goods as per the Dangerous Goods Transportation Act, R.S.O. 1990, Chapter D.1, as amended. Page 23 of 35 Page 118 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law StFikethFe ugh means to be removed from the draft c) A statement that all surveillance records will be kept in a secure location for a minimum of thirty (30) calendar days. d) A copy of any contracts relating to the requirements of 11.1 a), b), d), e) and f) of this By -Law, if applicable. e) And must meet all requirements for a tow company as identified within this By -Law unless exemptions are otherwise provided within this By -Law. 11.3 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to operate a compound outside of the Township boundaries upon: a) Inspection of the facility by the Licensing Officer or designate. b) Approval by the Council of the Township. C) Proof of insurance with a minimum of $5,000,000.00 (five million) liability for the compound. d) And that the said compound meets all other requirements as provided within this By -Law. 11.4 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to allow working as many employees of the tow company as required to complete the towing in a safe and timely manner which includes to be permitted to travel in the Heavy Recovery Towing Tow Truck(s). 12. TRAINEES AND TRAINING INSTRUCTION a) Where a person who is permitted to be a passenger pursuant to this By -Law is receiving instructions on driver training such passenger shall not be: i) Trained for more than one thirty -day period commencing from the date that the Application for a driver's License was submitted to the Licensing Officer; ii) Permitted more than one such thirty -day training session regardless of the number of Applications for a driver's License the applicant may have made to the Licensing Officer; or iii) A nuisance, or hindrance or such passenger shall not create a disturbance while in the process of receiving such training. b) Where an Application for a driver's License has been submitted to the Licensing Officer, and where the applicant for such driver's License will be receiving instructions on driver training from the licensed owner, the Licensing Officer shall issue a trainee License which shall expire thirty (30) days from the date that the Application is submitted and is completed within the provisions of this By -Law. C) No person shall be a passenger in a tow truck who is receiving instructions on driver training prior to the issuance of a thirty (30) day trainee License. d) No person shall instruct, or permit to be instructed, a passenger on driver training prior to the issuance of a thirty (30) day trainee License. 13. ENFORCEMENT a) A Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual shall enforce the provisions of this By -Law. Page 24 of 35 Page 119 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFil(ethFo gh means to be removed from the draft 14. REGISTRY a) The Licensing Officer shall keep a License register in which shall be recorded the full operating name and address of each Licensee, the address of the place or premise in which the Licensee carries on, conducts, operates, maintains, keeps, or engages in the business, for which the License was issued, the number of the License and any plates issued, the date of issue, the amount of the License fee paid, the date of expiry of the License, the type of License issued, and any other particulars or observations pertaining to the same which are useful or necessary. A copy of the updated License registry shall be provided to the Ontario Provincial Police Barrie Detachment upon each update. 15. INSURANCE a) All insurance required under the provisions of this By -Law shall be provided at the time of Application in a form acceptable to the Township and in the amount as specified pursuant to the applicable sections of this By -Law unless otherwise approved or required by Council. Where applicable, Certificates of Insurance shall name The Corporation of the Township of Oro - Medonte as an additional insured. Further, any liability insurance shall contain an endorsement specifying that the Township shall be given thirty (30) days written notice of any cancellation, expiration or change in the policy. b) If for any reason such liability insurance is cancelled, expires or for any other reason does not remain in effect, the License for which the insurance was required shall become void on the final date for which the insurance was valid. i[.4111111111111y:I *VilZI oil 11'!6y:2X09Is]Z K a) The Schedules of this By -Law outline the Applications, inspections, and documentation required to accompany any Application and further establishes the fees required to be paid by the applicant at the time of Application. b) Incomplete Applications shall be considered to have been received and may be returned to the applicant or held pending further information and the applicant will be provided a written notice of such actions of the Licensing Officer. Once the Application and fee is submitted to the Licensing Officer, the fee shall not be reimbursed. 17. SCOPE AND AUTHORITY a) Where a matter is subject to provincial regulation, any provision of this By- Law is without effect to the extent that it prohibits or regulates the matter in substantially the same way as or in a more restrictive way than the provincial regulation. 18. EXPIRY OF LICENSE a) The date of expiry for all Licenses issued under the provisions of this By -Law shall be one year from date of issue unless otherwise specified on the License and each renewal of License shall, thereafter, expire on such date in each subsequent year. Page 25 of 35 Page 120 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... reel /bold writing means additions to the draft by -law stFikethFe gh means to be removed from the draft 19. SEVERABILITY a) Should any section of this By -Law be declared by a Court of competent jurisdiction to be ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and binding, and shall be read as if the offending section or part had been struck out. 20. EXEMPTIONS a) The Licensing Officer and /or Council may grant an exemption to any person from any provision of this By -Law and impose conditions for such exemption as may be considered reasonable and necessary, provided such exemption does not interfere with the general integrity of this By- Law. b) In the event that a situation develops that requires specialized towing equipment that is not available through a licensed owner /driver then the closest available towing service with the necessary equipment may be called and the company's owner and driver shall be exempt from the requirements of this By -Law for the duration of the call for service. C) In the event that a Police Officer and /or an Investigating Officer requires the tow truck services to be provided from a tow truck company that has a contract or memorandum of understanding with the Ontario Provincial Police or any other Police Service, the necessary tow truck company may be called and the company's owner and driver shall be exempt from the requirements of this By -Law for the duration of the call for service. d) In the event that a Police Officer and /or an Investigating Officer requires the tow truck services to be provided from a tow truck company that can offer a specialized services required by the Police Officer and /or Investigating Officer, the necessary tow truck company may be called and the company's owner and driver shall be exempt from the requirements of this By -Law for the duration of the call for service. e) ere N.1 f pu concern or public safety, the are representative shall be asked to Select a e fro ownship generated listing of all locally licen ompanies, or if the hirer is unable to do so, the Officer sh next towing service on the rotational call list. f) Where there are no matters of public concern or public safety, the vehicle operator /owner /responsible representative shall be asked to identify- a +,... ORg of their ,.heir_e e.F select a towing service from a Township generated listing of all locally licensed Towing Companies, or if the hirer is unable to do so, the Officer shall call for the next towing service on the rotational call list. 21. IMMEDIATE REVOKATION /CANCELLATION OF TOWING OWNERITOW DRIVER LICENSE a) Where a Licensing Officer, Municipal Law Enforcement Officer, Police Officer or other Provincial Offences Officer finds suspended, prohibited or restricted by way of a Court Order, Criminal Conviction or other conviction pursuant to a Provincial Statute, the Ontario Driver's Licence of a person who is licensed under this By -Law, the Tow Truck Owner or Tow Truck Driver shall surrender the License issued pursuant to this By -Law and it shall be immediately revoked or cancelled until a hearing has been convened. Page 26 of 35 Page 121 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFo gh means to be removed from the draft b) Where a Licensing Officer, Municipal Law Enforcement Officer, Police Officer or other Provincial Offences Officer finds suspended, prohibited or restricted by way of a Court Order, Criminal Conviction or other conviction pursuant to a Provincial Statute, the Ontario Driver's Licence of a person who is licensed under this By -Law, the Tow Truck Owner or Tow Truck Driver shall as soon as practical return the seized License issued pursuant to this By -Law to the Licensing Officer. c) A Tow Truck Driver who has had their License revoked or cancelled by reason in paragraph 21. a), may re -apply for a license issued under section 3.4 or 3.5 and pay all applicable fees. Page 27 of 35 Page 122 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law StFikethFe ugh means to be removed from the draft SCHEDULE 1 To By -Law No. 2011 -093 APPLICATION — TOW TRUCK COMPANY Registered Name of Company Company's Owner(s) Company's Address Company's Main Contact Compound Location Phone Number Email Cellular Number 1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law. 2. Proof of liability insurance for the compound in the amount of at least $5,000.000.00 (five million) to be separate from any insurance policies for each tow truck or each tow truck driver. 3. Proof of GST (Goods and Services Tax) registration or HST (Harmonized Sales Tax) registration. 4. A written Statement of Rates and Charges for all services provided by the towing company. The Licensee shall ensure that no other rates or charges are demanded or received by any tow truck driver. The Statement of Rates and Charges will be periodically reviewed by the Licensing Officer and Tow Truck Companies to ensure mutually agreed upon rates. 5. A list of tow truck drivers who will drive tow trucks on behalf of the towing company. 6. A completed Occupational Health and Safety Statutory Declaration Form as set out in Schedule 7 of this By -Law. 7. Any other required inspections, approvals or documents as required by the Licensing Officer: This Application is deemed to be complete on the of 2011. Staff signature. Page 28 of 35 Page 123 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft SCHEDULE 2 To By -Law No. 2011 -093 APPLICATION — TOW TRUCK Company's Name on Tow Truck Tow Truck's Owner(s) Tow Truck Owner's Address Tow Truck Owner's Main Contact Compound Location Phone Number Email Cellular Number 1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law. 2. The vehicle's make, model, year and Vehicle Identification Number. 3. Proof of liability insurance in the minimum amount of $5,000,000 naming the Corporation of the Township of Oro - Medonte as a third party insurer. 4. Certificate of insurance for which they are the owner insuring: i) In respect to any one claim, in the amount of at least $5,000,000 exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property. ii) In respect of any one claim, in the amount of at least $200,000 against liability for damage to a customer's motor vehicle while in their care, custody or control and caused by collision, upset, fire, lightning, theft or attempt theft, malicious mischief, windstorm, hail, explosion, riot, civil commotion or rising water. iii) In respect of any one claim, cargo liability insurance in the amount of at least $100,000 to indemnify the applicant against loss by reason of their legal liability indirect physical loss or damage to vehicles and other items of property accepted by the applicant for towing or conveyance. 5. Valid /current Motor Vehicle Permit. 6. Ontario License plate number. 7. Ministry of Transportation Annual Inspection Certificate. 8. Ministry of Transportation Safety Standards Certificate. 9. Vehicle Inspection Letter from a Certified Master Installer. 10. Proof of speed governing at 105km for trucks registered over 11,794 kilograms for vehicles manufactured in 1995 or later. 11. Certificate of Inspection that the tow truck complies with the National Safety Mark under the Motor Vehicle Safety Regulations or a Certificate that the tow truck to be Licensed is exempt. Page 29 of 35 Page 124 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFikethFe gh means to be removed from the draft 12. A letter identifying that front line service tow trucks are no older than fifteen (15) years and reserved service tow trucks are no older than twenty (20) years. 13. In the case of a tow truck which is not owned by the towing company, the registered owner's name and address. 14. Copy of the lease agreement. 15. List of Replacement vehicle for Licensed tow truck removed from service. 16. Any other required inspections, approvals or documents as required by the Licensing Officer: Staff signature. Page 30 of 35 Page 125 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFikethFe gh means to be removed from the draft SCHEDULE 3 To By -Law No. 2011 -093 APPLICATION — TOW TRUCK DRIVER Tow Truck Driver's Name Tow Truck Driver's Address Compound Location Phone Number Email Cellular Number 1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law. 2. Two (2) pieces of identification, one of which shall be photographic identification detailing the applicant's birth date, legal name and current residential address. 3. Criminal Record Check obtained from a Police enforcement agency and dated within 30 days of the date of receipt of the Application, including, if applicable, a Vulnerable Sectors Check. 4. Ontario Driver's Licence abstract obtained from the Ministry of Transportation and dated within 30 days of the date of receipt of the Application. 5. Original Ontario Driver's Licence with a minimum Class G designation with no driving restrictions. 6. Letter of Employment from Tow Truck Company. 7. Written statement of any pecuniary interest either directly or indirectly, in a vehicle pound, yard or building used for the storage or impounding of vehicles, a vehicle body shop or other kind of public garage or any other yard, shop, building or place used for the storage, repair or servicing of vehicles. OR 8. Full information as to the location and the type of facilities in which they have an interest and the nature and extent of the interest. 9. Any other required inspections, approvals or documents as required by the Licensing Officer: This Application is deemed to be complete on the of 2011. Staff signature. Page 31 of 35 Page 126 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law StFikethFe ugh means to be removed from the draft SCHEDULE4 To By -Law No. 2011 -093 FEES CATEGORY LICENSE FEE Towing Company each $250.00 Tow Truck each $250.00 Tow Truck Driver each $100.00 Duplicate License $25.00 Replacement License including amendments $25.00 * *In the event of return pursuant to this By -Law, and /or surrender or revocation of a license issued no part of the license fee will be refunded. Page 32 of 35 Page 127 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law strikethFough means to be removed from the draft SCHEDULE5 To By -Law No. 2011 -093 TARIFF OF RATES — .'OLLISION TOWING * *shall include all administration, hook up or release fees ** Collision Tow to any Towing T -.;L Company's $25A. 350.00 Compound within the Township *where the vehicle does not exceed 6000 pounds (3000 kg) in towing weight, including: * scene clean -up (up to 30 minutes) But does not include: *use of flatbed or dolly $75.00 and /or eac Collision Tow to any $2E A 99 $350.00 destination at the vehicle owner's request outside of and $3.00 /kilometer the Township *where the vehicle does not exceed 6000 pounds (3000 kg) in towing weight, including: *use of flatbed or dolly * scene clean-up u to 30 minutes Storage outside per day $60.00 Storage indoor per day $75.00 Wait time after twe� s one hour $60.00 /hour Scene clean-up after 30 minutes $35.00 /half hour Off road recovery $150.00 *vehicle must be no less then (10) feet from the edge of the road way to be cot, ered off road recovery *includes winching Roll over recovery into towing position (including $4-5A -AA $250.00 winching) Second Tow Truck required to assist $4_1 - $90.00 /hour All n tow s aro*are as per the written Statement of and s foservic vided by the Towing Company and fil 'th the Lice'" O ar Page 33 of 35 Page 128 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law StFikethFe ugh means to be removed from the draft SCHEDULE 6 To By -Law No. 2011 -093 In Accordance with Township of Oro - Medonte By -Law No. 2011 -093, the owner /operator of the vehicle to be towed from the collision scene, or a Police Officer in the absence of the owner /operator, and the licensed Tow Truck Driver MUST BOTH SIGN THIS FORM before the commencement of the tow and distribute: White — Owner /Operator Pink — Tow Truck Driver Yellow — Police This Towing Authorization Form is strictly for towing and in no way approval to initiate repairs to the vehicle. 1. Completed by vehicle owner /operator /driver: I, have authorized the said named tow truck driver to tow my vehicle bearing License Plate Number to the location of at the inclusive Collision Tow Rate shown to me as set out in Township of Oro - Medonte By -Law No. 2011 -093. Collision Tow Charge: $ Other Charges (if applicable): Amount: 2. Completed by the Tow Truck Driver Date Company Driver's Name Municipal License Number Collision Location Compound Location or Requested Location In the event that the vehicle cannot be towed directly to the location of the vehicle owner /operator /driver's choice, the tow truck driver must disclose in advance any additional charges as set out in the Tariff of Fees filed with the Township. 3. Permission to Tow - must be signed by all parties Signature — Vehicle owner /operator /driver Date If you have any concerns or questions, please contact: Township of Oro - Medonte - Licensing Officer 148 Line 7 South, Oro, ON LOL 2X0 (705) 487 -2171 Page 34 of 35 Page 129 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... red /bold writing means additions to the draft by -law stFikethFe gh means to be removed from the draft SCHEDULE 7 To By -Law No. 2011 -093 OCCUPATIONAL HEALTH AND SAFETY STATUTORY DECLARATION FORM In submitting this Proposal, I/We, on behalf of (Legal name of company) certify the following: a) I/We have a health and safety policy and will maintain a program to implement such policy as required by clause 25(2)0) the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended, (the "OHSA "). b) With respect to the services being offered in this Proposal, I/we and our proposed subcontractors, acknowledge the responsibility to, and shall: (i) fulfill all of the "employer" obligations under the OHSA and ensure that all work is carried out in accordance with the OHSA and its regulations; (ii) ensure that adequate and competent supervision is provided as per the OHSA to protect the health and safety of workers; and (iii) provide information and instruction to all employees to ensure they are informed of the hazards inherent in the work and understand the procedures for minimizing the risk of injury or illness. c) I/We agree to take every precaution reasonable in the circumstances for the protection of worker health and safety, as required under the OHSA. (Telephone Number) Witness — Township Staff this day of Page 35 of 35 Page 130 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... JUN 2 3 2011 To: Marie Brissette ORO- MEDONTE TOWNSHIP From: Jerry Noble Steve's Towing 705- 241 -2355 Here is a list of some revisions that we would like to suggest for the new draft by -law (# 2011 -094) One major issue is that the by -law does not state that you will not be required to meet this by -law for any none police involved towing. This will insure that any towing company can come within the township and remove or drop off vehicles that not been involved with police activity. Just to give you some history on this issue, In Barrie and other cities we must by a towing license, just to drive a tow truck on the streets, even if you do nothing with the police. This is one major issue that we will be fighting will Barrie city. We are also requesting information on why there would be a need for an association, if there is a by -law and a reviewing process for licenses. Could the township look at having the call center set up, and a fee be charged for any company that would like to have their name added to that list. For this new by -law there might be companies that would like to have an license but not be added to the rotational list. Pg 5 1 -a For this we would like to see that only the existing 6 companies would be given the 6 months for compliance. 1 -b We would like to have only one towing company per property, When we were involved with the first by -law ( 42010 -178) this was an issue brought up by council. Council recommends that only one company should be able to operate on the property because of the confusion that could arise with insurance and or customer issues. One other issue that council brought forward was the way that compounds could look within the township; they did not want compounds to be an .eye soar for the people of Oro. 1 -c For this issue there needs to be more protection for the companies that have bought the license from the township, one example that I gave in the meeting was in Vaughan they will not let any unlicensed tow company remove a vehicle, from any thing to do with police. This also includes C.A.A. and Customer request. The customer can make arrangements with the towing company to have the vehicle removed to private property with in the town where their requested towing company can pick up with out infringing on the by- law. 1 -d We believe that their should be no company other than the heavy towing companies that can operate within the township, without having a compound within the township. Page 131 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... 3.3.1 h This should not really be needed because the township will have this information when they license the driver. 8.1 We think that the towing association should also be given notice of any new or revoked licenses. 9.2 D - 9.3 E Maybe some thing like this would be better. Keep an orderly record of all calls answered by the tow trucks owned by them showing Date, time, service starting location, destination, total KM, tow truck drivers name, tow truck number, customers name, customers phone number. The records shall be retained for a period of 12 months from the date ect.ect. Why are the drivers keeping the same information if the company is keeping it ?? 9.3 I (vi) As commercial vehicles we need to have 3 safety triangles on the truck at all tunes Why do we need 4 for this by -law? (xi) We should not need this pry bar, if we start getting involved in removing people out of vehicles we start taking a liability issues. Most tow trucks have a pry bar used for dollies but Flat bed trucks do not. (Xii) Most tow trucks only carry one wheel block no real need for two. (xiii) Should be covered with use of (vi) 3 safety pylons. (Xvi) What about flat beds Maybe (One set of working dollies or Flat bed truck) 9.2 O 10.5 D 10.5 F We believe you can do away with this tow authorization form, This should be coved with the customer and or OPP signing the invoice. Most towing companies have a location on their invoice for customers to sign. Page 132 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... 10.5 H Needs to have the rest of the HTA law added. (2) (a) or where there are fewer tow trucks at the collision scene than vehicles apparently requiring the services of a two truck. 20B Calls for flat bed should only be given to towing companies with licensed flat beds. 21. C Towing association should also be notified. Other then some little issues great job Marie j'� Y'611 Page 133 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... RECEIVED LJUN 2 9 2011 ORO-MEEDONTE TOWNSHIP June 27, 2011 Ms. Maria Brissette Dear Ms. Brissette: I am writing to you with respect to the Tariff Of Rates Schedule 5 that I have received. The Greater Simcoe Towing Association, of which I am a member, had a meeting this past Sunday to discuss some of the changes and the rates themselves that have been listed in Schedule 5. It was discussed and agreed by all who attended the meeting that we would like to respectfully suggest that you consider the following. 1. That the rate of $250.00 for Collision Tow to any Tow Truck company's Compound within the Township be changed from $250.00 to $350.00 and that this tow will NOT include the use of flatbed or dolly. Flatbed and /or dolly would be an additional $75.00 charge. 2. That the rate of $250.00 and $3.00 /KM for a Collision Tow to any Tow Truck Company's Compound outside of the Township be changed to $350.00 and $3.00/KM. 3. That the rate of Wait Time after two hours of $60.00/hour be changed to one hour. Page 134 of 423 10b) - Marie Brissette, Committee Coordinator and Sergeant A... 4. That the Off Road Recovery clause of "vehicle to be no less than sixty -six (66) feet from the road to be considered off road recovery" be removed jo (a) 5. That the Roll over recovery that has a listed price of $150.00 be altered to read Roll over recovery which would include any winching be priced at $250.00 Although not listed in Schedule 5 we would also like to suggest the following. That the current 20 minute response time be changed to 30 minutes for safety reasons to all on the road, emergency personnel at a location and to avoid any speeding in order to attend in a timely fashion a scene that may be at the ftuthest point of the Township. As well, that there be only one (1) towing company per property. Please note that I am available at any time to speak with you regarding any questions, comments or concerns that may be raised. Do not hesitate to contact me directly at 705- 487 -7007 to discuss this on the phone, I am also available to come in and speak with you personally at your convenience. Sincerely, ;aLg�x� Sampson (Wayne) Whitechurch Whitechurch Towing Page 135 of 423 10c) - Report No. Fl 2011 -17, Paul Gravelle, Director of Fin... ,on Township of REPORT Proud Heritage, Exciting Future Report No. FI 2011 -17 To: Council Prepared By: Janice MacDonald Meeting Date: July 13, 2011 Subject: Statement of Accounts — June 30, 2011 Motion # AQ00478 Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Onl It is recommended that: 1. That Report No. Fl 2011 -17 is received. 2. The accounts for the month of June 2011 totalling $ 8,405,788.05 are received. BACKGROUND: Following is the statement of accounts for the month of June. Batch No. Date Amount Cheque Registers: AC00660 June 08, 2011 356,191.20 AQ00477 June 08, 2011 7,885.21 AQ00478 June 15, 2011 1,926.08 AC00661 June 15, 2011 6,101,635.72 AC00662 June 22, 2011 186,204.41 AQ00658 June 27, 2011 600.00 AC00663 June 29, 2011 1,480,663.56 FINANCE Report No. 2011 -17 $ 8,135,106.18 July 13, 2011 Page 1 of 2 Page 136 of 423 10c) - Report No. Fl 2011 -17, Paul Gravelle, Director of Fin... Payroll: PR00585 June 04, 2011 132,287.73 PR00580 June 18, 2011 129,763.19 $ 262,050.92 Credit Card Registers: AE00372 June 27, 2011 34.19 AE00373 June 27, 2011 1,983.15 AE00374 June 27, 2011 1,246.79 AE00375 June 27, 2011 3,321.49 AE00376 June 27, 2011 1,537.71 AE00377 June 27, 2011 507.62 $ 8,630.95 Total: $ 8,405,788.05 ATTACHMENTS: Cheque Registers. CONCLUSION: That the accounts for the month of June are received. Respectfully submitted: Janic cDonald, Accounting Clerk C.A.O. Approval ! Comments: SMT Approval ! Comments: FINANCE July 13, 2011 Report No. 2011 -17 Page 2 of 2 Page 137 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... 7ozvnshtp �f REPORT Proud Heritage, Exciting Future Report No. CAO 2011 -05 To: Council Prepared By: Samah Othman Meeting Date: July 13, 2011 Subject: Social Media: Official Township of Oro - Medonte Twitter Account Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only Be it resolved: 1. THAT Report No. CAO 2011 -05 be received and adopted; 2. THAT staff be authorized to proceed with the release of the Official Township of Oro - Medonte Twitter account; 3. AND THAT staff report back by the end of 4t" quarter 2011 with a status update. BACKGROUND: Traditional communications refers to the sharing of information for any purpose through traditional tools such as media releases, advisories, newspaper advertisements, television or radio. Social Media refers to building online communities of people who share interests and /or activities, or who are interested in exploring the interests and activities of others through two -way communication, such as Facebook and Twitter. Twitter is a social media tool used to discover and share information, providing a real - time method of communication. The system allows for information to be shared immediately, free of charge, while also acting as a valuable resource through which feedback and insights relevant to each individual user may be gathered. Users may read, write, and share messages of up to 140 characters in length. These messages, referred to as "tweets ", are public and available to anyone interested in them. Tweets may include hyperlinks to websites containing information relevant to the message being communicated. In a sense, Twitter is like a news service that instantly finds if there is a breaking story anywhere around the world. Twitter is a place that people search for information and connections because it draws people together into communities. It is an opportunity for the Township to present itself and reinforce our brand of Proud Heritage, Exciting Future. Corporate Communications July 13, 2011 Report No. CAO 2011 -05 Page 1 of 6 Page 138 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... User names are limited to a maximum of 15 characters, with only letters and numbers being permitted. In an effort to protect the integrity of the Township's brand, Corporate Communications has already secured the user name "Twp. of Oro - Medonte @ TwpOroMedonte ". This also allows for Twitter to become a communication outlet for the Township immediately upon approval for its use by Council. ANALYSIS: In response to the feedback from our residents and stakeholders for increased regular external communications of Township related information, an Official Twitter account will allow the Township to communicate relevant and timely information about programs, services and announcements that affect the public in a quick and effective fashion. Furthermore, with the goals of reaching as many residents and stakeholders as possible, the Township has successfully utilized several communication channels to enhance external communications, such as; an improved website; media releases; front lobby display; community notice boards; triannual release of the Recreation & Community Services Brochure; and a regular Township News Page in the North Simcoe Community News published seven (7) times per year. The use of Twitter is an option to supplement the various communication outlets, while offering increased opportunities to reach a specific target audience that use online social media tools. Using an online multi - platform social media application, Corporate Communications staff began monitoring for mentions of "Oro- Medonte" on Twitter since April 9, 2011. Over the two (2) month period from April 9 through June 9, the term "Oro- Medonte" appeared 184 times. Of those mentioned, 61 (33.2 %) were related to real estate listings within the Township, 60 (32.6 %) messages dealt with stories being reported by local media outlets. The remaining 63 messages (34.2 %) reference a broad range of topics including: traffic reports (22 or 12.0 %); local business, economic development, or tourism initiatives (17 or 9.2 %); personal observations with no attributable theme (8 or 4.3 %); environmental issues (6 or 3.3 %);community organizations (5 or 2.7 %); job advertisements (3 or 1.6 %); and direct links to media - related communications, such as; advisories and /or releases (2 or 1.1 %). In addition, despite not having actively engaged the system by posting content, the Township's account has already attracted five (5) "followers" (people interested in receiving messages from the Township). Extensive research has been completed by Corporate Communications staff through a number of consultations with various municipalities across Canada currently using social media tools. Although many were in the initial stages of using social media, the feedback based on their experiences with Twitter have been very positive with respect to its effectiveness and the ease of being able to communicate relevant information. Corporate Communications July 13, 2011 Report No. CAO 2011 -05 Page 2 of 6 Page 139 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... The Benefits of Twitter: T Releases news faster than other traditional communications source; Enhances communication and customer service efforts by targeting a Specific audience that traditional communications methods are not necessarily reaching; Fast and free way to communicate with those who have selected the Township as a source of information they value by providing short constant news streams; Twitter Demographics: Twitter is most popular among the 18 -34 age group and is rapidly growing amongst the 35 -49 age demographic. The average Twitter account holder visits 14 times per month with the most Twitter activity between 11:00 AM and 3:00 PM. Township of Oro - Medonte Demographics: Census Canada reports indicate that 16.4% of the Township's population is in the 20 -34 age group, while 20.8% of the Township's population is in the 35 -49 age group. Therefore, the two (2) most popular age groups represent almost 38% of the Township's overall population. Municipalities /Stakeholders with Twitter Accounts: Twitter users may subscribe to the messages posted by fellow users by "following" the accounts of other users, creating a network of contacts. "Following" the accounts of other users results in every message (tweet) posted by those other users appearing in one's timeline /feed. Those messages (tweets) may be distributed (or "retweeted ") by other Twitter users, resulting in increased exposure and building traffic to our web site and news stories. Simcoe County and Surrounding Municipalities Town of Aurora — 237 Followers Georgian Bay Township — 329 Followers Town of Newmarket — 714 Followers Springwater Township — 77 Followers Town of Penetanguishene — 35 Followers Essa Township — 44 Followers Inspiring Innisfil — 29 Followers I specific to Innisfil Strategic Plan Town of Wasaga Beach - 6 Followers Relevant(General Interest Municipal Accounts Association of Municipalities of Ontario — 377 Followers Municipal World — 2,776 Followers; MW Job Board — 1,111 Followers Ontario Ministry of Municipal Affairs and Housing — 684 Followers Corporate Communications July 13, 2011 Report No. CAO 2011 -05 Page 3 of 6 Page 140 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... Local Media Outlets 104.1 The Dock — 517 Followers 107.5 Kool FM — 637 Followers A News Barrie — 2,393 Followers Barrie Advance — 677 Followers Barrie Examiner — 1,258 Followers Chay Today — 11 Followers KICX 106 — 249 Followers Midland Free Press — 142 Followers Midland Mirror — 89 Followers Orillia Packet & Times — 343 Followers Orillia Today — 68 Followers Rock 95— 479 Followers SNAP Barrie — 423 Followers SNAP Orillia — 154 Followers The intent is to launch the Official Corporate Twitter account as a six (6) month pilot with an assessment on the effectiveness of the Twitter feed to determine the continuation of use or if changes are required. Using a variety of online applications, in addition to manual monitoring and tracking, Corporate Communications staff will be able to provide the measurable statistics needed to assess the effectiveness of the following: ✓ Number of followers attracted to the Township's Official Twitter account; ✓ The momentum and number of reposted messages monitored through the Twitter feed and tracking through references associated with the Township; ✓ The quality of the conversation the Twitter feeds are generating by monitoring the number of comments, replies, inquires. This will also be used to ensure a corporate file of the Twitter feeds are being tracked and maintained for records management practices; ✓ Monitor the level of traffic generated to our Corporate website from messages posted on Twitter using Google Analytics (program used to monitor website traffic). The information posted on Twitter will be determined in the same manner that traditional methods of communications are chosen for based on size, objectives and target audiences of the message. Upon completion of the pilot period, should the Township wish to continue with the Twitter account, Corporate Communications will prepare a Corporate policy for the Use of the Township's Official Twitter Account for Council's consideration. In the interim, staff and Council are expected to adhere to POL -HR -04 Appropriate Internet & Email Usage (May 19, 2004) Policy with the understanding that the Township's Official Twitter account will be maintained and updated solely by Corporate Communications staff. The Twitter feeds will be updated as required and approved by the CAD's Office, Mayor and Members of Council, when necessary. Corporate Communications July 13, 2011 Report No. CAO 2011 -05 Page 4 of 6 Page 141 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... If misunderstandings or issues of concern arise within the Twitter feeds, the CAD's Office, when deemed appropriate, will assist in developing a response to clarify and communicate the Corporation's position. FINANCIAL. N/A POLICIES /LEGISLATION: POL -HR -04 Appropriate Internet & Email Usage (May 19, 2004) CONSULTATIONS: Simcoe County Communications Group Social Media Workshops - Social Networking in the Public Sector National Municipal Communications Conference Attendees ATTACHMENTS: Draft: Official Township of Oro - Medonte Twitter Page Sample Twitter feeds, "Tweets" LINKAGE TO COUNCIL MANDATE AND CUSTOMER SERVICE: The recommendations included in this staff report support Council's Mandate and the Township's Customer Service Visions and Values. CONCLUSION: With the rapid growth in digital technology and ubiquity of computing devices in the hands of the public, residents and stakeholders have come to expect information to be available in more convenient and faster methods. The Township must consider communicating its messages through the available social media channels that will assist in reaching various demographic, while communicating information as quickly as possible. An Official Township Twitter account offers an opportunity to realize the objective of implementing various communication mediums to enhance external communications while ensuring effective fiscal management. It is recommended that Corporate Communications staff be authorized to proceed with the release of the Official Township of Oro - Medonte Twitter account and report back by the end of 4th quarter 2011 with a status update and policy, if required. Corporate Communications July 13, 2011 Report No. CAO 2011 -05 Page 5 of 6 Page 142 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... Respectfully submitted: i Samah Othman, CMO Corporate Communications Specialist SMT Approval / Comments: I C.A.O. Approval / Comments: Corporate Communications Report No. CAO 2011 -05 July 13, 2011 Page 6of6 Page 143 of 423 1Oe)- Report No.C&O 2011-05, Samah Othma% Executive Assis - ) C / ! / E\ /{ £ !+ �Ca /\ & m2 \ A2 « @ a !� / 0 © \ w & 7 X ! _ = |2 \ _ / )) \ Is � a § O }ƒ «a k 2 &\\ � * •` a ° e 0 CL / k § §^ f 2 r \\ � Page 144 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... 0 Page 145 of 423 o a � ro o C 5 $ T ro d m C C b a C m c a o o 2 L N ~ O w m O p U U) N U) O 0 G d O >. Q 4j 0 CO U N m a n L c w Q �.. o W LU LU fl CO U -J � C Z °� C 0 - ° 0� � a o _ N Y !r a 0 a 0 :2cv Ow b Oho 0 0 =n: W;. V LLJ F- ':Yi SJ iii �Yro Page 145 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... Page 146 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... Page 147 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... Page 148 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... Page 149 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... Page 150 of 423 10e) - Report No. CAO 2011 -05, Samah Othman, Executive Assis... Page 151 of 423 1 Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... 'I"aicaf REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2011 -027 Council Alan Wiebe, Planner Meeting Date: Subject: Proposed Zoning By- Motion # July 13, 2011 law Amendment Application 2011 - ZBA -06, Duddy, 3886 Line 11 North, Concession 11, Roll #: R.M.S. File #: 4346- 020 - 003 -15101 East Part Lot 4, RP 51 R80329 D14 41714 Part 1 ( Medonte), Township of Oro - Medonte RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report DS 2011 -027, regarding Zoning By -law Amendment Application 2011 - ZBA-06 for John Duddy, 3886 Line 11 North, Concession 11, East Part Lot 4, RP 51 R8032, be received and adopted; and 2. THAT Zoning By -law Amendment Application 2011- ZBA -06 to amend the zoning of 3886 Line 11 North, Concession 11, East Part Lot 4, RP 51 R8032 ( Medonte), from Agricultural /Rural (A/RU) Zone to Agricultural /Rural Exception # ## (A/RU * # # #) Zone, be denied. BACKGROUND: The purpose of this report is to consider a proposed amendment to the Township's Comprehensive Zoning By -law, and to make recommendations to Council regarding the disposition of Zoning By -law Amendment application 2011- ZBA -06. The lands affected are located in between Horseshoe Valley Road East and Warminster Sideroad, on the west side of Line 11 North, municipally known as 3886 Line 11 North, as shown in Attachment #1 to this report. The application for an Amendment to the Township's Comprehensive Zoning By -law 2011- ZBA -06 proposes to amend the zoning of the subject property from the Agricultural/Rural (A /RU) Zone to an Agricultural /Rural Exception # ## (A/RU * # # #) Zone, to allow the operation of a "Motor Vehicle Repair Garage" on the subject property, in direct association with the inspection of motor vehicles, proposed to be operated within an existing detached accessory building. Specifically, the applicant has indicated their DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -027 Page 1 of 9 Page 152 of 423 1Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... intention to inspect, and conduct any necessary repairs to "commercial vehicles", "farm vehicles, farm machinery, dump vehicles, [and] trailers". The application was circulated to internal Departments at the Township, and to external agencies, including the Nottawasaga Valley Conservation Authority (NVCA), the Simcoe County District School Board ( SCDSB), and the County of Simcoe. Staff with the NVCA has indicated that they have no objection to the approval of the proposed amendment, and staff at the SCDSB has advised of two schools who are being served by busses travelling through the immediate area surrounding the subject property. Internal Departments at the Township have not stated any objections with respect to the proposed amendment. Staff with the County of Simcoe has provided comments by letter dated June 21, 2011, with a relevant extract contained in the County of Simcoe Official Plan subsection of the Policies /Legislation section to this Report. A Public Meeting, as required under Section 34(12) of the Planning Act, was held on June 22, 2011, in order to receive comments from members of the public and relevant agencies. During this required Public Meeting, several members of the public provided comment to Council on the proposed amendment. Members of the public expressed support for the proposed amendment related to: • its opportunity to provide employment; • its ability to serve the surrounding area; and • the building proposed to be used for the operation maintaining a suitable buffer between neighbouring residential uses. Members of the public expressed concern over the proposed amendment related to: • increase in traffic in the area; • reduction in property values; • effluent entering a nearby watercourse; and • the use being inconsistent or incompatible with the surrounding area. ANALYSIS: The applicant proposes to operate a Motor Vehicle Repair Garage, on the subject property, municipally known as 3886 Line 11 North. The property has approximately 161.5 metres of frontage on Line 11 North, 125.8 metres of depth, and a lot area of 2.04 hectares. The proposed Motor Vehicle Repair Garage is proposed to be operated in association with a motor vehicle inspection station. The "Plan Site" drawing submitted by the applicant (Attachment #2 to this Report) identifies the location of the existing building proposed to be used for the proposed (per Section 6.0 of Zoning By -law 97 -95) MOTOR VEHICLE REPAIR GARAGE Means premises used for the repairing of motor vehicles, but shall not include the sale of motor vehicle fuels. Car washes are not an accessory use. DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -027 Page 2 of 9 Page 153 of 423 1Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... operation, as well as the locations of an existing dwelling on the lot, and the approximate location of the beginning of a heavily vegetated area on the property. The Application for an Amendment to the Township's Comprehensive Zoning By -law proposes to amend the zoning of the subject property from the Agricultural /Rural (A/RU) Zone to an Agricultural /Rural Exception # ## (A/RU * # # #) Zone, to permit a "Motor Vehicle Repair Garage ". The property would be subject to Site Plan Control for the establishment of such a use, as well as for the modification to, or construction of, buildings and structures on the lot, to ensure that proposed changes to the use of the property can be addressed and enforced (per Section 2.3 of By -law 2009 -062, the Township's By -law designating Site Plan Control Areas). FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan The subject lands are designated "Agricultural" in the Official Plan for the Township of Oro - Medonte. Pursuant to Section C1.2 of the Official Plan, "[the] principle use of land in [this] designation ... shall be agriculture ... [and other] permitted uses include single detached dwellings ... home occupations, home industries ... [and] agriculturally - related commercial uses". Section C1.3.3 of the Official Plan (Agricultural designation policies) defines "Home Industries" as being "small -scale industrial uses that are accessory to agricultural operations or single detached dwellings on large rural lots ... [which] should not detract from the primary use of the property'. This Section contains further definition of Home Industries, and states that the "repair, storage or sale of motor vehicles is not considered to be a home industry'. The distinction of the repair of motor vehicles as an industrial use is further stated in Section C3.2 of the Official Plan, Permitted Uses in the Rural Settlement Areas designation, which states that "[permitted] uses in [this] designation ... are low density residential uses, small scale commercial uses that serve the needs of the settlement area and the surrounding rural area, small scale industrial development in the form of repair garages...". Since the "repair ... of motor vehicles" is not considered to be a "Home Industry" use in the Agricultural designation, and as this use is specifically permitted in Rural Settlement Areas, it is the opinion of Planning staff for the Township that the proposed Zoning By- law Amendment for establishing a "Motor Vehicle Repair Garage" use in the Agricultural designation does not conform to the policies of the Official Plan for the Township of Oro - Medonte. DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -027 Page 3 of 9 Page 154 of 423 1Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... Provincial Policy Statement, 2005 The purpose of the Provincial Policy Statement (PPS) is to provide direction to municipalities in Ontario for appropriate land use planning and development, "while protecting resources of provincial interest, public health and safety, and the quality of the natural environment'. Section 1.1 of the PPS states that "[healthy], livable and safe communities are sustained by... promoting efficient development and land use patterns ... accommodating an appropriate range and mix of residential [and] employment [uses] ... to meet long term needs... ". Section 2.3 of the PPS contains policies for Agriculture and, specifically, Section 2.3.3 of the PPS states that: "in prime agricultural areas, permitted uses and activities are: agricultural uses, secondary uses and agriculture- related uses. Proposed new secondary uses and agriculture- related uses shall be compatible with, and shall not hinder, surrounding agricultural operations. These uses shall be limited in scale, and criteria for these uses shall be included in municipal planning documents as recommended by the Province, or based on municipal approaches which achieve the same objective." (2.3.3.1) (emphasis added). Therefore, on the basis that the PPS defers to municipal planning documents for "secondary uses and agriculture- related uses" considered appropriate in prime agricultural areas, and that the Township of Oro - Medonte's Official Plan prohibits the "repair, storage or sale of motor vehicles" on land in the Agricultural designation, it is the opinion of Planning staff for the Township that the proposed Zoning By -law Amendment is not considered to conform to the Provincial Policy Statement, 2005. Places to Grow: Growth Plan for the Greater Golden Horseshoe, 2006 The purpose of the Places to Grow policies is to provide direction to municipalities in Ontario for managing growth to ensure the efficient use of land and infrastructure resources, and to protect agricultural lands and other natural resources from incompatible development. Section 2.2.2 of the Places to Grow policies, "Managing Growth ", states that "Population and employment growth will be accommodated by'... "directing a significant portion of new growth to the built -up areas of the community through intensification" (2.2.2 a), by "planning and investing for a ba lance of jobs and housing in communities" (2.2.2 g), and "encouraging... towns to develop as complete communities..." (2.2.2 h). Section 2.2.9 of the Places to Grow policies, "Rural Areas ", continues in stating that "Rural settlement areas are key to the vitality and economic well -being of rural communities [and] Municipalities are encouraged to plan for a variety of... economic opportunities within rural settlement areas to serve the needs of rural residents and area businesses." " Therefore, based on the above points, the use should be directed to a "rural settlement area ", as per the Places to Grow policies of the Province of Ontario. County of Simcoe Official Plan DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -027 Page 4 of 9 Page 155 of 423 1Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... The subject application has been circulated to the County of Simcoe Planning Department, who have provided comments by letter dated June 21, 2011, for which a relevant extract is as follows: County of Simcoe Official Plan 3.6.6 states that prime agricultural areas will be protected for agriculture and compatible uses and permitted uses include agriculture, agriculture related uses, secondary uses, natural heritage conservation and forestry, aggregate developments (subject to Section 4.4), processing of agricultural products, and agricultural produce sales outlets generally relating to production in the local area. The basis of the County Official Plan and Oro - Medonte's Official Plan, is the Provincial Policy Statement (PPS). Section 2.3.3.1 of the PPS states `7n prime agricultural areas, permitted uses and activities are: agricultural uses, secondary uses and agriculture - related uses. Proposed new secondary uses and agriculture- related uses shall be compatible with, and shall not hinder, surrounding agricultural operations and shall be limited in scale': Secondary uses means "uses secondary to the principle use of the property, including but not limited to, home occupations, home industries, and uses that produce value -added agricultural products from the farm operation on the property. " Agriculture-rela ted means "those farm - related commercial and farm - related industrial uses that are small scale and directly related to the farm operation and are required in close proximity to the farm operation ". Based on the information provided and the policies of the current County of Simcoe Official Plan and the Provincial Policy Statement, County planning staff advise that the proposed commercial uses be specifically related to the agricultural community in which it is situated. The County, therefore does not object to the proposed zoning by -law amendment application to permit commercial vehicle inspection and accessory repairs provided it is distinctively related to the agricultural operations in the local area, provides a service to the agricultural industry, and is small in scale in order to conform to the policies of the County of Simcoe Official Plan and remain consistent with the Provincial Policy Statement. Township of Oro - Medonte Zoning By -law 97 -95 The subject property is presently zoned Agricultural /Rural (A/RU) Zone, and the proposed Zoning By -law Amendment seeks to establish a site - specific Agricultural /Rural Exception # ## (A/RU * # # #) Zone, to permit a Motor Vehicle Repair Garage in direct association with a motor vehicle inspection station. Per Table A4 to the Zoning By -law, Permitted Uses in the Agricultural /Rural (A/RU) Zone presently include "single detached dwellings" and "home occupations ". A "Motor Vehicle Repair Garage" is not identified as a permitted use in the Agricultural /Rural (A/RU) Zone; however, it is identified as a permitted use in the Economic Development (ED) Zone, per Table A3 of Zoning By -law 97 -95. Where a "Home Occupation" is DEVELOPMENT SERVICES Report No. DS2011 -027 fly 13, 2011 Page 5 of 9 Page 156 of 423 1Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... sought to be established, such an operation must comply with the provisions of Section 5.12 of Zoning By -law 97 -95, which states that: "Where a home occupation is permitted in a Zone, the home occupation: "a) shall clearly be a secondary use of the lot; "b) shall be conducted entirely within a detached accessory building and /or the main building on the lot; "c) shall be conducted by at least one of the residents of a dwelling unit located on the same lot; "d) shall not occupy more than 35 percent of the gross floor area of the dwelling unit, if the home occupation is contained in a dwelling unit in the main building on the lot, "e) shall not occupy more than ... 100% of a detached accessory building in the AgriculturaURural (A/RU) Zone, if the home occupation is contained within a detached accessory building, "f) shall not create noise, vibration, fumes, odour, dust, glare or radiation which is evident outside the dwelling unit, "g) shall not employ more than one employee who is not a resident of the dwelling unit, "h) shall not involve the outdoor storage or outdoor display of materials or finished products; "i) shall not involve the repair or maintenance of motor vehicles; shall not consist of an occupation that involves the sale of a commodity not produced on the premises, except that telephone or mail order sales of goods is permitted; and, "k) shall not require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using motor vehicles typically employed in residential deliveries." (emphasis added) It is noted that the proposed use of the subject property is not considered to comply to the applicable provisions for "Home Occupations ". Specifically, based on annotations in the "Plan Site" drawing submitting by the applicant (Attachment #2 to this Report), the existing dwelling on the lot occupies 172.24 square metres, whereas the building proposed to be used for the proposed use occupies 278.70 square metres. Therefore, as the existing accessory building is approximately 160 per cent larger than the dwelling on the lot, the building proposed to house the proposed use would be considered to compromise the main use of the lot, for a residential purpose (per Section 5.12 a), resulting in the proposed use not being "clearly ... a secondary use of the lot'. Further, as the proposed use of the lot proposes to directly involve the repair of motor vehicles, the proposed use would contravene Section 5.12 (i) of the "Home Occupation" section of Zoning By -law 97 -95. DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -027 Page 6 of 9 Page 157 of 423 1Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... CONSULTATIONS: • Township Departments — no objection • County of Simcoe — see County of Simcoe Official Plan section • Simcoe County District School Board — no objection stated • Nottawasaga Valley Conservation Authority — no objection ATTACHMENTS: Attachment #1 - Location Map Attachment #2 - Site Plan Drawing CONCLUSION: Upon review of the proposed application to amend the Zoning By -law, to permit the operation of a "Motor Vehicle Repair Garage ", it is noted that: The Official Plan for the Township directs such a use to Rural Settlement Areas (Section C3.2 of Official Plan); The "repair ... of motor vehicles is not considered to be a home industry' (Section 1.3.3 of Official Plan); and The proposal fails in comply with at least two requirements for a "home occupation" (per Section 5.12 of Zoning By -law 97 -95), where it would clearly not be a secondary use on the lot (Section 5.12 a), and where it would involve the repair or maintenance of motor vehicles (Section 5.12 i). On the basis that the proposal does not meet the policies and provisions of the Official Plan and Zoning By -law, it is recommended that Zoning By -law Amendment Application 2011- ZBA -06, to amend the zoning of the subject property to permit a Motor Vehicle Repair Garage, not be supported by Council. Respectfully submitted: Reviewed by: G / - )TJ,0 Alan Wiebe, B.A. Glenn White, M , RPP Planner Manager, Planning Services SMT Approval / Comments: I C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS2011 -027 July 13, 2011 Page 7 of 9 Page 158 of 423 1 Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... ATTACHMENT 1: LOCATION MAP 2011- ZBA -06 (Duddy) MINSTER- SIDER07A fl Z w z SUBJECT PROPERTY (3886 Line 11 North) DEVELOPMENT SERVICES Report No. DS2011 -027 July 13, 2011 Page 8 of 9 Page 159 of 423 1Of) - Report No. DS 2011 -027, Andria Leigh, Director of Dev... 6 do 6 a6Vd LZO-L LOZSa 'ON >uodaa LLOZ `EL AInP S331Aa3S 1N3WdOl3A3a u aid %Uopsrf- o can au was a s 311S Miming 30V -801S t- NVId Aaana v •,w sooz�aaff c aivo j mLOw se wa wo wmc � i (Rppna) g0-vez-LLOZ DNIMdaa NV Id 311S :Z 1N3WH3Vl -LV LU $ J d Page 160 of 423 �c E� M r ; � lk1 I I ( J W aL.. F — ,1-- 1 - - - -J oq \I �„ Cl I QaWN �g ° g� o— ! (Rppna) g0-vez-LLOZ DNIMdaa NV Id 311S :Z 1N3WH3Vl -LV LU $ J d Page 160 of 423 10g) - Report No. DS2011 -028, Andria Leigh, Director of Deve... Township o, f REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2011 -028 Council Glenn White, Manager of Planning Services Meeting Date: Subject: Motion # July 13, 2011 Planning Status Report — June 2011 Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information OnIT It is recommended that: 1. Report DS 2011 -028 be received for information purposes. BACKGROUND /ANALYSIS: The purpose of this report is to provide Council with an update on the current status of all applications that are active within the Planning Division. This includes all development (Official Plan and Zoning By -law Amendment) applications, all draft plans of subdivision applications, and all site plan applications. With the revised format for site plans to be reviewed through staff and not a committee, these have been incorporated into the status report to ensure Council and the public have an overview of all applications. Attachment #1 contains a chart which provides the details on each application being processed within the Planning Division and Attachment #2 provides a location map that identifies the location of each of the applications currently being processed by the Planning Division. FINANCIAL: N/A POLICIES /LEGISLATION: Planning Act DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -028 Pagel of 11 Page 161 of 423 10g) - Report No. DS2011 -028, Andria Leigh, Director of Deve... CONSULTATIONS: Planning Division Staff ATTACHMENTS: Attachment #1 — Status of Development Applications Chart Attachment #2 — Location Map for Development Applications CONCLUSION: This report provides an update for Council and staff in regards to the current status of all planning division applications before Council. This report with the attachments once received by Council will be posted on the Township's website to provide the public with an up to date status of all applications. Respectfully submitted: Glenn White, MCIP, RPP Manager of Planning Services SMT Approval / Comments: I C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS2011 -028 July 13, 2011 Page 2 of 11 Page 162 of 423 10g) - Report No. DS2011 -028, Andria Leigh, Director of Deve... Attachment #1 — Status of Planning Applications Chart EVELOPMENT APPLICATIONS Description - ' Recommended Action D1 Official Plan OPA Application Site Plan Application (2009 - Ucci, D09 P115/01 Amendment for Adult approved by Ontario SPA -10) has been circulated. Part of Lot 27, Conc. 5 Lifestyle Community Municipal Board for Applicant currently addressing (Oro) 40 units and golf course. Site Plan comments from Ministry. No Application (2009- action until additional information SPA -10) submitted. received from applicant. D2 Re- zoning from Revised Zoning Await applicant to proceed with Thatcher, P138/02 Agricultural /Rural Amendment clearance of draft plan Part of Lot 15, Conc. 9 Exception to approved by Council. conditions (Medonte) Residential One Draft Plan approved Holding Zone by Council in Oct. 17 residential lots 2009. D3 Official Plan & Zoning Application held in Application to be processed 1204600 Ontario Ltd, P- Amendments and abeyance pending subsequent to County decision 146/03 & S -1/03, Lots 18- Plan of Subdivision to consideration of regarding Craighurst Secondary 36, Plan 91, Part of Lot permit 183 residential Craighurst Secondary Plan. Craighurst Secondary Plan 41 & 42, Conc. 1 lot subdivision Plan (OPA # 27) approved by Council in May (Medonte) 2009 (OPA No.27). Forward to County of Simcoe for consideration. D4 Official Plan Application circulation None at this time Blueberry Beach (Robert Amendment to complete, comments Lean), 2004- OPA -01, expand Shoreline provided to applicant 2004 - ZBA -05 designation to permit for revisions to East Part of Lot 20, Conc. creation of residential application 1 (Orillia) lots, re- zoning to Shoreline Residential zone D5 Site Specific Approved by Awaiting new OMB hearing date Ian & Lori Webb, D 09 designation to permit Township; awaiting to be confirmed. (05) 2005- OPA -02 severance of County approval. Conc. 11, N Pt Lot 3 veterinary clinic County OPA (Medonte), 3808 Line 11 approved; awaiting North MMAH approval. D6 Rezoning from A/RU Circulation completed None at this time. Kellwat Ltd & Fred Grant to R1" Zone, and to department heads Square Ltd. D 12 (06), D Plan of Subdivision and agencies. 14 (06), 2006 - SUB -01, for 97 lot residential Applicant considering 2006 - ZBA -01, Conc. 4, subdivision alternate designs and South Part Lot 4 (Oro) pending servicing Township of Oro- General Zoning By- Statutory Public Final mapping revisions ongoing. Medonte, 2006 - ZBA -08, law Review update Meeting Held June Working with the County of Zoning By -law Review 2006. Draft mapping Simcoe toward amending the completed, site visits required mapping. with owners complete DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -028 Page 3 of 11 Page 163 of 423 10g) - Report No. DS2011 -028, Andria Leigh, Director of Deve... D7 Rezoning and plan of Applicant in Waiting for action from the Stonehedge Holdings, subdivision for the discussions with applicant. 2007- OPA -01, 2007 -ZBA- creation of 7 rural LSRCAn regarding 03, Part of Lot 21, Con 14 residential lots the policies of LSPP. Oro D8 ZBA from Draft plan approval Waiting for action by the Lake Simcoe Aeropark Agricultural /Rural issued November 10, applicant. Inc. zone to Economic 2010. Draft Zoning 2008 - ZBA -14 East side of Development zone By -law sent to the Line 7 and North of for 77 lot industrial applicant for Highway 11, West Part of park comment. Lot 18 & 19, Con. 8 Oro D9 ZBA to reduce By -law 2010 -135 for File closed. Hillway Equipment Ltd. setback from the Concession 12 lands 2009 - ZBA -02 Part of Lots property line to the approved at July 14, 8 & 9, Concession 12, limit of aggregate 2010 Council meeting Part of Lot 9, Con. 13 extraction. Oro D10 ZBA —to rezone for Awaiting applicant to None at this time APT Operational Shoreline Residential obtain support from Management, 2009 -ZBA- Exception, also LSRCA, conformity to 05, Part of Lot 1 & 2, subject to Consent LSPP. Concession 2,2981 and application 3003 Ridge Road West D11 OPA and ZBA to OP and Zoning Waiting for appeal period of OPA Township of Oro - Medonte consider the Amendments No. 29 to pass, being July 12, (Try Recycling) additional permission adopted on August 2011. 2009 - ZBA -07 & 2009- for a Recycling 21, 2009. ZBL OPA -01, Part of the West Establishment appealed. Half of Lot 11, permitting the storage County of Sim coe Concession 8, Township and processing of approved OPA No. of Oro - Medonte (formerly recyclable materials 29 on June 15, 2011. Oro), 1525 Line 7 North D12 OPA to re- designate Awaiting applicant to None at this time Schumacher, 2009 -OPA- from Rural to obtain support from 02 & 2009 - ZBA -10, Part Shoreline, ZBA- to LSRCA, re: of Lot 25, Concession 8, rezone from conformity to LSPP Rail Trail Drive Agricultural /Rural to Shoreline Residential for 10 residential lots D13 OPA to re- designate Applicant provided Await comments from the Rumball Excavating, from Agricultural to response to the LSRCA in regards to conformity 2009- OPA -03, Part of Lot Industrial to permit comments obtained with the LSPP. Further review to 21 & 22, Concession 5 Industrial subdivision from the LSRCA, in be completed during Township's regards to the Official Plan Review process. conformity to the LSPP which has been circulated for review. DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -028 Page 4 of 11 Page 164 of 423 10g) - Report No. DS2011 -028, Andria Leigh, Director of Deve... File Description Status Recommended Action D14 OPA — from Rural to OPA denied by File to be closed. Van Amelsvoort, 2010- Rural Exception to Ontario Municipal OPA -01, West Half of Lot permit new Board. 2, Concession 8, Line 7 residential lot North creation D15 ZBA- to rezone from Public Meeting held Applicant to satisfy NVCA Tsang, 2010 - ZBA -04. Agricultural Rural June 23, 2010 requirements for EIS & Natural Part of lot 2, Concession Exception 90 to Hazard Assessment. NVCA, 4, 1161 Line 15 North Shoreline Residential County, and Twp staff to conduct site visit with applicant's consultant. Twp staff to await submission of required technical reports. D16 OPA and ZBA to Application received None at this time. Childs, 2010- OPA -02 & permit Paintball June 9, 2010. 2010 - ZBA -05, 3193 Line Operation Applicant advised 7 North, (Oro) application considered incomplete pending submission of required technical studies. D17 ZBA for site specific Public Meeting held Await applicant's action. 2187459 Ontario Ltd., exemption to permit August 10, 2010. 2010 - ZBA -03, 74 School auction sales Applicant to revise House Road (Oro) the site plan submission to address how the development will meet the policies of the Official Plan. D18 ZBA for site specific Statutory Public By -law 97 -95 to be updated and Lavoie, 2010 - ZBA -11, exemption to permit Meeting held Feb. 23, file closed. 883 Horseshoe Valley antique retail store 2011. By -law 2011 - Road East (Oro) 043 adopted by Council on March 23, 2011. D19 ZBA to rezone from Statutory Public By -law 97 -95 to be updated and Blueberry Beach, 2010- Shoreline Residential Meeting held Feb. 23, file closed. ZBA -13, Plan M22, Part Exception 99 Zone to 2011. By -law 2011 - Block D, 51 R11728, Part Open Space Zone 044 adopted by 3 Council on March 23, 2011. DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -028 Page 5 of 11 Page 165 of 423 10g) - Report No. DS2011 -028, Andria Leigh, Director of Deve... D20 OPA to redsignate Council approved By- The applicant is waiting for the Wolf Steel (Napoleon) lands from law 2011 -076 and appeal period of OPA No.30 to 2011- OPA -01 and 2011- Agricultural to adopted OPA No.30 pass (July 12, 2011) before ZBA -01, North Part of Lot Industrial and on May 25, 2011. proceeding with the Site 10, Cone. 1 Environmental County of Simcoe Development application. Protection One and approved OPA No. ZBA to rezone the 30 on June 15, 2011. lands from Agricultural /Rural (A/RU) to Economic Development (ED) and Environmental Protection (EP) to permit a warehouse facility. Township of Oro- General Zoning By- Statutory Public Further Planning staff report to Medonte, 2011 - ZBA -04, law Amendment to Meeting held June be considered by Council in Zoning By -Law Review add "Medical Clinics" 22, 2011. August 2011. as permitted use in the General Commercial (GC) Zone. D21 Rezone lands from Statutory Public Planning staff report to follow. B. Leigh, 2011 - ZBA -05, Agricultural /Rural Meeting held on June Part Lots 24 & 25, Conc.7 Exception 22, 2011. 201 (A/R U *201) Zone to Agricultural /Rural Exception (A/RU* ) Zone to permit a residential dwelling on the lands. D22 Zoning By -law Statutory Public Planning staff report to be J. Duddy, 2011 - ZBA -06 Amendment to Meeting held on June considered at the July 13, 2011, 3886 Line 11 N rezone lands from 22, 2011. Council Meeting. A/RU Zone to Agricultural /Rural Exception (A/RU* ) Zone to permit a "Motor Vehicle Repair Garage". D23 Zoning By -law Application has been Public meeting to be scheduled. 2063334 Ontario Inc., Amendment to received and 2011 - ZBA -07, E Part Lot rezone the lands circulated for 5, Cone. 13 Agricultural/Rural comments. Exception 15 (A/RU* 15) Zone to Residential One Exception * (R1* ) Zone to permit 90 S .m Floor Area. D24 Temporary Use By- Application received Staff report to be considered at Sommers, 2011 - ZBA -08 law to permit a and circulated. the July 13, 2011 Council 560 Line 8 North garden suite. meeting. DEVELOPMENT SERVICES Report No. DS2011 -028 July 13, 2011 Page 6 of 11 Page 166 of 423 1Og) - Report No. DS2O11 -028, Andria Leigh, Director of Deve... PLAN OF SUBDIVISION APPLICATIONS Report DS 2011 -005, adopted by Council on February 9, 2011, S1� OM -T -93003 (Part P13/87 Lot 1, Concession 14 granting one year extension for draft plan approval. Waiting for J. Johnston Construction (Oro) action from the Applicant. Ltd. 30 residential lots S2 Part of Lot 1 and 2, Report DS 2011 -005, adopted by Council on February 9, 2011 P4/90 Conc. 7 (Oro) granted a two year extension for draft plan approval. Applicant Capobianco (Forest 83 residential lots is addressing the engineering comments. . Heights) 43 -OM -93022 S3 Part of Lot 1, Conc. 4 Report DS 2009 -009 granted three year extension for draft plan P5/94 Horseshoe Timber (Medonte) approval until Feb. 11, 2012. Ridge 250 residential lots S4 Part of Lot 5, Conc. Report DS 2011 -005, adopted by Council on February 9, 2011 P77/98 638230 Ont. Ltd. 13 (Medonte) granted a one year extension for draft plan approval. Applicant (Warminster 55 residential lots has submitted their second engineering submission. Acres /Keyzer) 43 -OM- 90082 S5 Part of Lots 2 and 3, Final Phase 1 Subdivision agreement circulated for agency P13/89 Buffalo Springs Concession 9 (Oro) review. Engineering drawings approved by Township Engineer. 43 -OM -91031 230 residential lots Actively working toward Phase 1 registration. Phase 2 engineering drawings submitted for review. Waiting for action from the applicant. S6 Part of Lot 2 and 3, Subdivision Agreements executed by Council. Subdivision P52/89 Diamond Valley Conc. 7 (Oro) registered in summer 2010. Builder has submitted permits for Estates Registered Plan 137 residential lots model homes. M -957 S7 Part of Lots 3 and 4, Phase 1 registered and constructed. Redline Revision P100 /00 Horseshoe Conc. 4 (Oro) submitted for Phase 2 lands, awaiting submission from Resort/Laurelview 480 residential lots applicant to proceed, Subdivision 43 -OM -2001 S8 Plan of Subdivision Draft Plan Approved on October 8, 2008. Applicant to proceed Whispering Creek for 21 lot residential with clearance Draft Plan Conditions towards plan registration. (Drury), 2006 - SUB -02, subdivision. Conc. 5, West Part Lot 11 (Oro) DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -028 Page 7 of 11 Page 167 of 423 10g) - Report No. DS2011 -028, Andria Leigh, Director of Deve... Sg Plan of Subdivision Public Meeting held March 2, 2009. Draft Plan approved C. Andersen 2008 -SUB- for 22 residential lots December 2009. Applicant to proceed with clearing of Draft 01 & 2008 - ZBA -13, Public Meeting held Plan Conditions. Part of Lot 5, Con 14 March 2, 2009. (Medonte), East side of Hwy12 S10 Plan of subdivision Public meeting completed. Comments received. Applicant Stonehedge Holdings, for the creation of 7 working with LSRCA and Twp regarding LSPP conformity. Part of Lot 21, Con 14 rural residential lots Waiting for action from the applicant. (Oro) S11 Subdivision Draft Plan approval granted for Phase 1 (23 industrial lots) in Lake Simcoe Aeropark application to permit November 2010. Applicant to proceed with clearance of draft Inc. development of plan conditions and consideration of site specific zoning 2008 - SUB -02 East side of industrial park (77 amendment. Waiting for action from the applicant. Line 7 and North of lots).Public Meeting Highway 11, West Part of held November 25, Lot 18 & 19, Con. 8 Oro 2009 S12 Subdivision for 17 Draft Plan Approved on October 8, 2008. Applicant to proceed Thatcher, 2004 - SUB -02, residential lots. with clearing Draft Plan Conditions. Waiting for action from the Part of Lot 15, applicant. Concession 9 S13 Plan of Subdivision to Application on hold pending consideration of Craighurst 1204600 Ontario Ltd, S- permit 183 residential Secondary Plan (OPA # 27), 1/03, Lots 18 -36, Plan 91, lot subdivision, Part of Lot 41 & 42, Conc. associated with OPA 1 (Medonte) and ZBA applications pescriptio NOW owl- Status /Recommen4ed Action �. SP1 Commercial re- development for 2400 Site Plan agreement registered on title. Await 1698165 Ont. Inc. sq.ft. building, drive thru, and gas bar completion of site works and review for (Ossom Enterprises Inc.) conformity with site plan. 2008 - ZBA -06, 2008 - OPA-01, 2976 Highway 11, Part Lot 20, Con. 7 (Oro) SP2 Proposed residential lot development, Await LSRCA comments /approval of site plan Gawn, 2010 - SPA -01, Lot site plan required through OMB prior to preparing staff report for Council's 1, Warbler Way (Moon approval consideration Point SP3 Construction of accessory building Site Plan Agreement drafted for review by Pfrimmer, 2010 - SPA -04, (shelter) for vehicles applicant. Awaiting submission of signed 2034 Ridge Road West, agreements for preparation of staff report for Pt Lot35, Plan 628, Pt Council's consideration. Lot 14, Plan 104 SP4 2187459 Ontario Ltd., Site Plan associated with auction Applicant to revise the site plan submission to 2010 - SPA -06, 74 School sales for marine sales address how the development will meet the House Road, policies of the Official Plan. DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -028 Page 8 of 11 Page 168 of 423 1Og) - Report No. DS2O11 -028, Andria Leigh, Director of Deve... SP5 SPA required as condition of OMB Awaiting LSRCA comments regarding Moon Point Corporation , decision — tree retention requirement for sediment/erosion control, and lot 2010 - SPA -11 & SPA -12, grading submissions. Staff to prepare report and Lots 11 & 12 Warbler agreements once LSRCA comments satisfied. Way SP6 Dwelling Third revision of Application circulated for Scali, 2010 - SPA -13, Lot comments. Awaiting comments from LSRCA 10 Warbler Way Moon and internal departments. Point SP7 SPA for proposed dwelling and Application circulated for comments. Staff to Boehlau, 2010 - SPA -14, accessory building on property meet with applicant to discuss required revisions 2251 Ridge Road West accessed by right of way. based on review comments. SP8 SPA for proposed model home Site Plan Agreement authorized by By -law 2010- 2008628 Ontario Ltd. 169 and registered on title. No additional action 2010 - SPA -16, Lot 2 at this time. Diamond Valley Drive SP9 SPA required for removal of Holding Agreement registered on title. No additional Lefevre - Martin, Provision per By -Law 2007 -127 action required, 2010 - SPA -24, Part of Lot 26, Concession 9 Sp10 SPA for development of new Application is reviewing the Site Plan Agreement, 2133008 Ontario Limited industrial use on lot which will be forwarded to Council once the / Ontario Recycling Township has received all the necessary 2010 - SPA -25, Part of documents. Lot 26, Concession 14 SP11 SPA required for removal of Holding Application registered on title. No additional Ugrica, 2010- SPA -26 Provision per By -Law 2008 -046 action is required. Part of Lot 25, Concession 10 SP12 SPA for development of new Application currently circulated for review. Oro Design and industrial use on lot Revised drawings required to identify fire Manufacturing Ltd. protection storage on site. Revised drawings re- 2010- SPA -27 circulated for revised comments. Site Plan 3 Small Crescent Agreement and report to be prepared for Council consideration upon finalization of review comments. SP13 Site Plan Application to allow for the The Applicant met with Township Planning staff, 972580 Ontario Inc. construction of a landscaping storage NVCA and AECOM to discuss the application. (Rock and Dirt Depot) building and business. Applicant working towards addressing comments 2011- SPA -01. Part of received from NVCA and AECOM. Lot A, Conc.2, 1555 Highway 11 North. SP14 SPA to allow for an addition onto the Applicant circulated for review. Applicant Travel -Rite Property existing showroom working with the NVCA and AECOM toward Corp. (Hitch House) addressing comments regarding submitted site 2011 - SPA -03, Part of plan. Lot 11, Conc.2, 1490 Highway 11 South DEVELOPMENT SERVICES Report No. DS2011 -028 July 13, 2011 Page 9 of 11 Page 169 of 423 1Og) - Report No. DS2O11 -028, Andria Leigh, Director of Deve... SP15 SPA for home industry, consisting of Application has been circulated, waiting for Kwang Lee, (RDR 3 new buildings, relocation of one and comments from internal departments and Marine) 2011 - SPA -02, the renovation to existing dwelling. LSRCA. 551 Line 9 South SP16 SPA for the removal of the Holding Staff report and Site Plan Agreement prepared 2008628 Ontario Ltd., provision. for Council's consideration for July 13, 2011. 2011 - SPA -19, Lot 122. Plan 51M-957 SP17 Revision to SPA required increasing SPA authorized by By -law 2011 -068 approved at IPA, 2010- SPA -17, amount of tree removal. the May 11, 2011 Council meeting. SPA allowed Lot 2 tree removal to be increased to 83% in the established building envelope. SP18 Revision to SPA required increasing SPA authorized by By -law 2011 -100, approved Jackson, 2010 - SPA -18 amount of tree removal. at the June 22, 2011 Council meeting. SPA (IPA) Lot 3 allowed tree removal to be increased to 69% in the established building envelope. SP19 Revision to SPA required increasing SPA authorized by By -law 2011 -069 and IPA, 2010 - SPA -22 amount of tree removal and also removal of Hold provision by By -law 2011 -070, Lot 14 removal of the Hold provision. approved at the May 11, 2011 Council meeting. SPA allowed tree removal to be increased to 63 % in the established building envelope. DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -028 Page 10 of 11 Page 170 of 423 10g) - Report No. DS2011 -028, Andria Leigh, Director of Deve... I )'I Current Development Applications q - -P . Vdonte ----------- Township of Oro -Me is K�•s E,,. mE,.w» AE... Legend t i Settlement Areas + I ® Current Development Applicabons 1 � + t uu¢�My.,wts,pon �' I z' $.:. a a , a _2&S12' I � ! I _ 1 D23 &S4 f „ SAO» anub M« <. D22 a' D3 &S13 S3 O5 ,n S2 3 m D 8 3 S — mo D14 a m :...aE eon na o..w.. ao.oe i S5 3, D15 ®� SP17, S6 D16 a D6 r S7 Pg SP16 D9a I emus nr wwm 'f 3 °oa i ” D11 "K SP5 SSio.t ten" Mn ion e perµe, xow ..¢ -i "M D24 ` —' SP6 .... � -. 088511 SP 4" 3 SP2 DIMS P13 D4 2 SP1 D0 7 &S 20 t S xax"i, ovnasm xrv, o�u o¢ P13 TMO SP15 D'19e D73 D21 �fi s � rxeo D1U fps" "ten SP3 z't° Lake oSP9 Simcoe •oa< �"� �ivY 11�1.,,�t� ,z pasP.,. u� D1 0 1.25 2.5 5 km July 13, 2011 Page 171 of 423 1 Oh) - Report No. DS2011 -029, Andria Leigh, Director of Deve... Tv Itf- of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2011 -029 Council Alan Wiebe, Planner Meeting Date: Subject: Site Plan Agreement Motion # July 13, 2011 (2008628 Ontario Ltd.) 2011 - SPA -19, Lot 122, Plan 51M-957, Being all of PIN Roll #: R.M.S. File #: 4346- 010 - 003 -26622 58533 -0346 LT D11 41799 Former Township of Oro RECOMMENDATION(S): Requires Action X For Information Only It is recommended: 1. THAT Report DS 2011 -029 be received and adopted; 2. THAT the Township of Oro - Medonte enters into a Site Plan Agreement with 2008628 Ontario Ltd. to remove the Holding Provision applying to the subject Lot, for the construction of a single detached dwelling; 3. THAT the Clerk prepare a By -law for Council's consideration to enter into a Site Plan Agreement with 2008628 Ontario Ltd.; 4. AND THAT the owner be notified of Council's decision. BACKGROUND: ::1 The applicant is proposing to have a site plan agreement registered on title for the construction of a single detached dwelling on Lot 122, in the Diamond Valley Estates Subdivision. The zoning presently in effect for the subject lands is Residential One Holding Provision (R1 (H)) Zone and, as such, the owner must enter into a Site Plan Agreement prior to the issuance of a Zoning Certificate and Building Permit related to the construction of a dwelling on this Lot. ANALYSIS: The property is designated Residential by the Township's Official Plan, and is zoned Residential One Holding Provision (R1 (H)) Zone by the Township's Zoning By -law 97- 95. The applicant is required to enter into a Site Plan Agreement with Council for the Township with respect to the removal of the Holding Provision on the subject Lot. These provisions were imposed through the subdivision approval process in order to DEVELOPMENT SERVICES Report No. DS2011 -029 July 13, 2011 Page 1 of 4 Page 172 of 423 1 Oh) - Report No. DS2011 -029, Andria Leigh, Director of Deve... determine appropriate building envelopes. The attached site plan has been approved by the Township's engineering consultant, AECOM. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan Township of Oro - Medonte Zoning By -law 97 -95 Planning Act, R.S.O 1990, c. P. 13, Sections 36 and 41 CONSULTATIONS: • Township Departments ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site plan drawing CONCLUSION: The purpose of this Site Plan Application is to register a Site Plan Agreement on title with respect to the construction of a single detached dwelling on Lot 122 of the Diamond Valley Estates Subdivision (Plan 51 M -957), due to the Holding Provision applying to the zoning of this Lot. It is recommended that Site Plan Application 2011- SPA -19 be approved. Respectfully submitted: li�/C��/� Ia&nWi eb e Planner SMT Approval / Comments: Mr, IN,- Reviewed By: Glenn White, MCIP, RPP Manager, Planning Services C.A.O. Approval / Comments: I =_ DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -029 Page 2 of 4 Page 173 of 423 1 Oh) - Report No. DS2011 -029, Andria Leigh, Director of Deve... SCHEDULE 1: LOCATION MAP 2011 - SPA -19 (2008628 Ontario Ltd.) SUBJECT LANDS (LOT 122) DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -029 Page 3 of 4 Page 174 of 423 1 Oh) - Report No. DS2011 -029, Andria Leigh, Director of Deve... SCHEDULE 2: SITE PLAN DRAWING 2011- SPA -19 (2008628 Ontario Ltd.) Q�9S ;iD� a E� ID At 0.49— — w — „ — — _ L DIAMOND VALLEY DRIVE r 4 1'42:69 �� I8 131A35 1 J� t 1'121 J DAM. 11 X8=R N aN ffihQ Rar - ..NP YtlPAwI9F9 tl 7,YIE4[ ffUwiiC +1.3F� 319,9$ EM 2 ilCWU ILIM �LLVEwR p p vALQOdi ENt�INEH7�NG INC. ��E...•MyBCYSbY,aq FN.erww.n wn, ae� v...e.ww m P,.2., '.rA ,4°e.°5utl.x 'nE " "a im .aNOOIV,Y°Q O°01° 6YK IwMR HYA �� - iE5E91a°�n .C*NfAwEk I � % —;_OT -122 r 31205 lI1FM 31493 aA r I f f i SILARfA FW..N ...n. P F,9ii9t r4 f U!su Y..ky }N.:92 }12130 � 317.82 � 1• x31I.,"� 2.]D C3 MI 911+9Efe � • g J� t 1'121 J DAM. 11 X8=R N aN ffihQ Rar - ..NP YtlPAwI9F9 tl 7,YIE4[ ffUwiiC +1.3F� 319,9$ EM 2 ilCWU ILIM �LLVEwR p p vALQOdi ENt�INEH7�NG INC. ��E...•MyBCYSbY,aq FN.erww.n wn, ae� v...e.ww m P,.2., '.rA ,4°e.°5utl.x 'nE " "a im .aNOOIV,Y°Q O°01° F,FSp,W1 MODEL PnE 4w SRI 2a1 .(GPMYMIYYpw q1 �C t, IIK !Ol E,U�NW 6 —;_OT -122 FAMSULM 2w lI1FM 31493 aA ZL}NW6 SILARfA FW..N ...n. P F,9ii9t r4 f U!su Y..ky 129!1 BU�AlHG AREA l'GF6i ow+9 qm, S!n w a,. 1 Isra wn a cooEe la.onrs 4m. wx. I si9 � 1255 ro3q i�A YM39 Y..n / 4].p •. ftrc39F.c rw,.V t C F 9,. GMIYE b50+ ..nn rsa +.A. IF OOlcxml4 I �V g `� b�5.ar qw I F4k y.lb CDVERA($ l >NFF A[wwy &1 2mg SE79wCK¢ r.aw •-° T,.w 1 NEIL „A2m f g.ir4 li R>n W. x,s. I Fa. Fiwn C >aei� {) i.4PYWl iqq >Nw as 14F11 >wa 1 xYq. 1 P�.Ie1, TawY� CFR'fIF1r._n_T� 123 3/ :: 4°R0 as eai nc e..ww1 nr rav nb unw> -lii c°'i�imw ae :mvft3 11 2 M E.E.FSfn O.Pw s gtgll,i.11Y wn ,pE 31239 .�_ .�db144W mill ww fuCY- PO1.iwC ]IC38 yy� J� t 1'121 J DAM. 11 X8=R N aN ffihQ Rar DIAMOND VALLEY +1.3F� ESTATES vALQOdi ENt�INEH7�NG INC. ��E...•MyBCYSbY,aq FN.erww.n wn, ae� v...e.ww m P,.2., LOT 122 w+pIMW.B�w�llw� PnE 4w SRI 2a1 F64£ 3�2s9 09115 —;_OT -122 15 DIANTP WUEr URrt DEVELOPMENT SERVICES Report No. DS2011 -029 July 13, 2011 Page 4 of 4 Page 175 of 423 10i) - Report No. DS2011 -030, Andria Leigh, Director of Deve... REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2011 -030 Council Alan Wiebe Meeting Date: Subject: Motion # July 13, 2011 Ronald and Lorna Sommers — Temporary Use By -law Roll #: R.M.S. File #: 43 -46- 010 - 003 -39001 (Granny Flat), Part of the East Part Lot 17, Concession 8, D14 Plan 51 R- 15953, Part 1 (Oro), Township of Oro - Medonte, 560 Line 8 North RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report No. DS 2011 -030 be received and adopted. 2. THAT the' Clerk bring forward the appropriate By -laws to adopt the Temporary Use By -law to permit a Garden Suite and to execute the attached agreement for the lands described as Part of the East Part Lot 17, Concession 8, Plan 51 R- 15953, Part 1 (Oro), 560 Line 8 North for the purposes of a garden suite for a period of 10 years. BACKGROUND: Ms Brenda Lucas submitted an application on behalf of Mr. Ronald Sommers and Mrs. Lorna Sommers, to permit the establishment of a garden suite on the subject property located within Part of the East Part Lot 17, Concession 8, Plan 51 R- 15953, Part 1 (Oro). The subject lands are located at 560 Line 8 North, and have an area of approximately 1 hectare (2.50 acres) and a lot frontage of approximately 91 metres (300 feet) on the west side of Line 8 North between Highway 11 and 15116 Sideroad East. The property currently contains a single detached dwelling, and a detached accessory building, and the garden suite is proposed to be north of the existing dwelling. ANALYSIS: Section 39.1 of the Planning Act permits Council to authorize the temporary use of a garden suite for up to ten years. A garden suite is defined as a "one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable." Section 39.1 of the Planning Act also permits Council to enter into an agreement with the landowner to deal with issues such as: DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -030 Page 1 of 6 Page 176 of 423 10i) - Report No. DS2011 -030, Andria Leigh, Director of Deve... The installation, maintenance and removal of the garden suite; The period of occupancy of the garden suite by any of the persons named in the agreement; and, The monetary or other form of security that Council may require for actual or potential costs to the municipality related to the garden suite. In 1997 the Township incorporated a policy that dealt specifically with garden suites in the Township of Oro - Medonte. This policy requires that: a) The garden suite not be a mobile home; b) The garden suite utilizes existing services on the property; c) The existing driveway to the main residential dwelling is to be utilized for access and no new entrance from a public road be created for the garden suite; d) The garden suite has a minimum gross floor area of 50 square metres and a maximum gross floor area of 85 square metres; e) Approval for the increased usage of the septic system be obtained; f) An agreement be registered on title providing for the use of the lands; g) The garden suite not be transferable to another owner; and, h) Appropriate securities are deposited with the Township to ensure that the agreement can be implemented. With respect to the provision in point "c)" noted above, the applicants' representative (Brenda Lucas) has informed Township staff of their intent to utilize an existing entrance to the property other than the entrance used to access the existing dwelling on the lot. In this regard, comments have been received from staff with the Transportation & Environmental Services Department for the Township and the Lake Simcoe Region Conservation Authority, neither of whom have stated any objection to this proposal. As the policy referenced above is one adopted by Council for the Township, Council may elect to waive the requirement that the main residential dwelling and the garden suite share an entrance. Therefore, on the basis that Township staff and Lake Simcoe Region Conservation Authority staff have indicated they have no objection to the use of a secondary existing entrance to the property, for access to the proposed garden suite, it is recommended that this provisions of the above policy be waived for the subject application. With respect to the provision in point "g)" noted above, the applicants' representative has informed Township staff of the applicants' intent to add the names of Brenda Lucas (daughter of applicants) and Anthony Lucas (son -in -law of applicants) to the list of registered owners for the property. In this regard, it is noted that any such amendment to the registered owners of the property would require a corresponding request from the applicants, for applicable amendments to be made to the Temporary Use By -law Agreement. Therefore, it is proposed that point 2 of the draft By -law No. 2011 -118, being a By -law to authorize the execution of the subject Temporary Use By -law Agreement, also proposes that Council enact that the Mayor and Clerk for the Township may "execute the Temporary Use By -law Agreement, and amendments...". (emphasis added) Further, the landowner and occupant will be required to execute the attached garden suite agreement that outlines the conditions respecting the installation, and eventual removal of such dwelling unit in keeping with Township policy respecting garden suites. This agreement requires the deposit of $2,500.00 as security in the case of default of such agreement. The agreement, once executed by Council, is then registered on the title of the property and is applicable to the current landowners and occupants. DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -030 Page 2 of 6 Page 177 of 423 10i) - Report No. DS2011 -030, Andria Leigh, Director of Deve... FINANCIAL: A $2,500 security deposit is required prior to issuance of a building permit as part of the agreement of the garden suite to ensure removal of the unit. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan Township of Oro - Medonte Comprehensive Zoning By -law 97 -95 as amended The Planning Act CONSULTATIONS: Transportation & Environmental Services — Building Division — Requirements include: upgrading of septic system, and a building permit for the proposed garden suite Fire & Emergency Services — No objection stated Lake Simcoe Region Conservation Authority - ATTACHMENTS: Attachment #1 — Location Map Attachment #2 — Conceptual Site Plan Attachment #3 — Garden Suite Floor Plan CONCLUSION: On the basis of the above, it is recommended that Council approve the application, which would permit the construction of the Garden Suite on a temporary basis for a period of 10 years in accordance with the appropriate agreement being executed by the landowner, occupant, and Township. Respectfully submitted: Reviewed by: zi d' Ian Wiebe Glenn White, MCIP, RPP Planner Manager, Planning Services SMT Approval / Comments: I C.A.O. Approval / Comments: 0�_� DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -030 Page 3 of 6 Page 178 of 423 10i) - Report No. DS2011 -030, Andria Leigh, Director of Deve... Attachment #1 — Location Map 2011- ZBA -08 (Sommers) , 15/16 =SID EROgD_E z z w w z z rz J J SUBJECT PROPERTY (560 Line 8 Borth) f E LRO'SS:ROA HIGHWAY 1 -1_N DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011 -030 Page 4 of 6 Page 179 of 423 10i) - Report No. DS2011 -030, Andria Leigh, Director of Deve... Attachment #2 - Conceptual site plan 2011- ZBA -08 (Sommers) DEVELOPMENT SERVICES Report No. DS2011 -030 July 13, 2011 Page 5 of 6 Page 180 of 423 �n °O it S ' 6 ONY 8 SNO/SSMNW N33W38 -40NVM077Y av0a �- — .88'00£ — 89f t -• —�_ - �- �rN�'#lw Yw wuseq ,Wag I r. �; 2 wC% -- 7 � i W 0 1 s I �v rxs I I ~ I I o z y I I3 W.Ox c i Y.M.ZVAZN iC�CLz 'o%v ';Sir. e O - r; W W Ld dF u fib J a rj yRj S iyl a� g 8p+, J 8 g a i6m �6 LLRWb C7 i N i &. t7 SY - I J aeo n q F_Qoob n� s � 3� a y( is ��' a�w g U ??�� p Of 60�a .210- buip z N. } W22xf - -� 4 K�+�Sq 7 2co $` > z(CHIS C 1210 m.o 8KL da.(0) � #Y DEVELOPMENT SERVICES Report No. DS2011 -030 July 13, 2011 Page 5 of 6 Page 180 of 423 1 Oi) - Report No. DS2011-030, Andria Leigh, Director of Deve Attachment #3 — Garden Suite Floor Plan 2011 -ZBA-08 (Sommers) I WW t; DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011-030 Page 6 of 6 Page 181 of 423 UJI 0 I WW t; DEVELOPMENT SERVICES July 13, 2011 Report No. DS2011-030 Page 6 of 6 Page 181 of 423 10k) - Report No. TES 2011 -06, Jerry Ball, Director of Trans... twGi�/� '/ Proud Heritage, Exciting Future Report No. TES2011 -06 To: COUNCIL Prepared By: Jerry Ball Meeting Date: July 13, 2011 Subject: EXISTING SIDEWALKS AND REQUESTS FOR NEW STRUCTURES Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Oniy7 1. THAT Report No. TES2011 -06 be received and adopted. 2. THAT Transportation Services obtain proposals for winter maintenance on existing sidewalks in the Village of Shanty Bay, Moonstone and Craighurst (westerly along Horseshoe Valley Road). 3. THAT the Director of Transportation and Environmental Services notify residents who have submitted requests of Council's decision. 4. AND THAT the Director of Transportation and Environmental Services organize information sessions in the Village of Hawkestone and Craighurst. BACKGROUND: The Township of Oro - Medonte has numerous sections of sidewalk sporadically located in hamlets across the Municipality. The usage of each sidewalk is different; they vary in widths, and are either constructed of asphalt or concrete. Currently there is no formal program within the Transportation budget to address any type of maintenance or improvements for sidewalks. The Municipality has also obtained walking paths within some of the recent developments for the residents to utilize as a recreation trail. These trails were constructed of gravel or limestone, with no funding to provide a maintenance program. Over the past year council and staff have received numerous concerns from residents requesting the installation of a new sidewalk and also to provide winter maintenance on existing sidewalks. An inventory and condition was given to the existing sidewalks throughout the municipality. Transportation and Environmental Services July 13, 2011 Report No. TES2011 -06 Page 1 of 6 Page 182 of 423 10k) - Report No. TES 2011 -06, Jerry Ball, Director of Trans... The following is a list of the existing sidewalks throughout our Municipality: Hawkestone • Line 11 west side • Line 11 east side • Mill Street south side Shanty Bay • Ridge Road north side • Ridge Road south side • Martine Cres. to Ridge Road Craighurst • South of County Rd. 22 east side • North of County Rd. 22 west side • West of County Rd. 22 north side Moonstone • North side of County Rd 19 • South side of County Rd 19 389 meters - condition poor 356 meters - condition poor 161 meters - condition poor 535 meters - condition good 699 meters - condition good 107 meters - condition good 201 meters -condition good 856 meters - condition good 465 meters - condition good 625 meters - condition excellent 340 meters - condition excellent The sidewalks in Hawkestone were constructed of concrete, and run along both sides of the main street (Line 11 South), from the Ridge Road to Mill Street, and along the south side of Mill Street, for a distance of approximately 160 meters. All these sidewalks are in very poor condition, and in some areas local residents have removed the concrete and laid sod to extend their lawns to the road shoulder. The usage for these sidewalks has not been determined. The sidewalks in Shanty Bay are constructed of asphalt, and are located adjacent to the Ridge Road. These sidewalks receive a low standard of winter maintenance which consists of using the wing of a truck plow or a tractor /blower to remove snow. A local company is contracted to apply sand /salt mix as required. These sidewalks were constructed to provide a walk way for children to access the local public school, from Martine Crescent and part of the Arbourwood Subdivision. There is also approximately 700 meters of a gravel walkway along the Ridge Road, from Line 2, easterly to the school, which is plowed by a local contractor and sanded as required. The sidewalks in Craighurst are constructed of concrete, and run along the west side of Highway 93, from the railway tracks to the intersection at Horseshoe Valley Road. There is also a concrete sidewalk on the north side of Horseshoe Valley Road, from Beacock Road to the Foodland Grocery Store. Both of these sidewalks are in fair condition; however some maintenance is required to address the discontinuities or obstructions to reduce the liability. Local residences have also requested consideration be given to provide winter maintenance on all sidewalks in this area. Transportation and Environmental Services July 13, 2011 Report No. TES2011 -06 Page 2 of 6 Page 183 of 423 10k) - Report No. TES 2011 -06, Jerry Ball, Director of Trans... The sidewalks in the Village of Moonstone were recently constructed as a request from Council in 2010, as part of the construction on the Moonstone Road.(County Road #19). This sidewalk was constructed of asphalt, and runs along both sides of County Road #19, from Line 8 North to Ellen Drive, which provides children an access to the school, and local resident's access to the local convenience store. These sidewalks like Shanty Bay, receive a low standard of winter maintenance by being plowed with a wing on a truck plow, and sanded as required by a local contractor. In addition to the existing sidewalks throughout the Municipality, local residents have requested that consideration be given to construct new sidewalks in the following areas: Warminster, along the Warminster Side Road, from the Municipal Fire Hall, westerly to Highway 12, to the school property. Line 4 North, Horseshoe Valley Road from Highland Drive, to the Community Park. Line 6 North in the Sugar Bush Subdivision, from the second intersection of Hickory Lane to Sweetwater Park. These 3 areas, if constructed, would add an additional 1049 meters of sidewalk. I ANALYSIS: I In review, there are currently approximately 4.7 km of sidewalk, consisting of either asphalt or concrete, with a request for an additional 1.4 km of new sidewalk. Of the 4.7 km of existing sidewalk, the Municipality provides a low standard of winter maintenance to approximately 2.3 km, with the remaining 2.4 km receiving no winter maintenance. To date, inspections and repairs have been completed, and addressed, on a complaint or call in basis. To mitigate liability, the Municipality must follow the minimum maintenance standard that is addressed in Ontario Reg. 23/10, in the Ontario Regulation 23/10, made under the Municipal Act 2001, amending O. Reg. 239/02 Minimum Maintenance Standards for Municipal Highways, section 16.1 states: 1. The minimum standard for the frequency of inspecting sidewalks, to check for surface discontinuity, is once per year. 2. If a surface discontinuity on a sidewalk exceeds two centimeters, the minimum standard is to treat the surface discontinuity within 14 days, after becoming aware of the fact. 3. For the purpose of subsection (2), treating a surface discontinuity on a sidewalk means taking reasonable measures to protect users of the sidewalk from discontinuity, including making permanent or temporary repairs, alerting user's attention to the discontinuity, or preventing access to the area of discontinuity. Transportation and Environmental Services July 13, 2011 Report No. TES2011 -06 Page 3 of 6 Page 184 of 423 10k) - Report No. TES 2011 -06, Jerry Ball, Director of Trans... 4. Surface discontinuity means a vertical discontinuity, creating a step formation at joints or cracks, in the surface of the sidewalk. As the population increases throughout the Municipality, in the hamlet areas, local residents are utilizing existing sidewalks for recreational purposes or access to local convenience stores and schools. This increased usage also increases the Municipality's liability due to limited maintenance. To address the liability, a maintenance program should be created to schedule inspections and complete any necessary structure repairs. There is presently an operating budget of $4500.00, to finance any sidewalk winter maintenance, completed by local contractors, on sidewalks located in Shanty Bay and Moonstone. Currently there is no obligation for a Municipality to provide any type of winter maintenance on sidewalks, however once this service is provided, care must be given to sidewalk condition especially during the winter season. The following suggestions should be utilized for the existing sidewalk maintenance or improvements: The sidewalks in the Village of Hawkestone are in poor condition with many vertical discontinuities, and as such are beyond repair. It would be suggested to hold an information session for local residences, to provide input on the proposed removal of the existing sidewalk and possible replacement. If replaced, the cost for construction and all maintenance could be financed under a Local Improvement. (Section 326 Municipal Act) The sidewalks in Shanty Bay presently receive a low standard of winter maintenance, with general repairs completed on a complaint basis. It is recommended that the winter maintenance be completed by a local contractor with an increase in service level. It is suggested that an annual inspection be completed, with any repairs being addressed within the time frame listed in the minimum standards. As these sidewalks are located adjacent to the travelled road, being Ridge Road, and winter maintenance has been completed in previous years, it is recommended that this maintenance be included in the Transportation budget. In the future when major work or upgrades are required, this work could be financed under a Local Improvement. ( Section 326 Municipal Act ) The sidewalks in Craighurst are both in fair condition and presently receive no winter maintenance. Local residents have requested that both sections of the sidewalk receive winter maintenance. If the theory "a sidewalk must lead to a school, store or park" is applied ", only the sidewalk that runs from Beacock Road to the Foodland Grocery store, would meet the criteria and could receive winter maintenance. This would be financed under Local Improvement. An information session should be held with local residents to determine the usage and cost sharing for this service. Transportation and Environmental Report No. TES2011 -06 July 13, 2011 Page 4 of 6 Page 185 of 423 10k) - Report No. TES 2011 -06, Jerry Ball, Director of Trans... As the sidewalks in Moonstone were recently constructed, required maintenance would be minimal. It is recommended that the winter maintenance level of service be increased and completed by a local contractor. As these sidewalks are located adjacent to the travelled road, being Moonstone Road, and winter maintenance was completed last year, it is suggested that this maintenance be included in the Transportation budget. • All new requests for new sidewalks, which would include Warminster, Horseshoe Valley and Sugar Bush areas, could be considered if the sidewalk is located on a Municipal right of way, and provides an access to a school, store or a Municipal owned park. These requests, if considered, could be financed and constructed from funds that were identified in the Development Charges, or both the construction and maintenance, could be funded under Local Improvements. There are four options to consider in addressing the winter maintenance issues: 1. Remain status quo, and provide the same level of service as in previous years. 2. Contract local contractors, to provide winter maintenance service separately for each sidewalk section. 3. The Municipality purchase or lease sidewalk equipment, and hire an additional operator to complete winter maintenance for each sidewalk located throughout the Municipality. 4. Tender for one contractor to provide winter maintenance service for all sidewalks within the Municipality. Option three and four would be the most costly to finance, due to the cost of sidewalk equipment and the sporadic locations of the sidewalks throughout the Municipality. Option two would be the most cost effective way to provide winter maintenance service and also address the liability issue. Option one to remain status quo would be the least cost involved; however it would not address the liability issues. FINANCIAL: An estimated cost to plow the sidewalks in Shanty Bay, Moonstone and Craighurst is $8,500.00. To be considered in the 2012 budget. POLICIES /LEGISLATION: Municipal Act Regulation 23/10, Minimum Maintenance Standards, Municipal Act Section 326, Local Improvements Transportation and Environmental Services Report No. TES2011 -06 July 13, 2011 Page 5 of 6 Page 186 of 423 10k) - Report No. TES 2011 -06, Jerry Ball, Director of Trans... CONSULTATIONS: Consulting Engineers, Director of Development Services, Director of Recreation and Community Services ATTACHMENTS: None CONCLUSION: Sidewalks within the Municipality have become an issue due to increased usage and little maintenance. There have also been numerous requests for new sidewalks in various areas. Due to the geographic size of the Township, and the location of the existing sidewalks, makes providing winter maintenance service very difficult. It is recommended to provide an increased level of service for existing sidewalks as laid out in this report. It is also recommended to address each request for new sidewalks on an individual basis, and fund both the construction and maintenance from Local Improvements, or construction from Development charges, if identified. Respectfully submitted: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services SMT Approval / Comments: Transportation and Environmental Services Report No. TES2011 -06 C.A.O. Approval / Comments: June 29, 2011 Page 6 of 6 Page 187 of 423 101) - Report No. TES 2011 -07, Jerry Ball, Director of Trans... Ta hip of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: TES2011 -07 COUNCIL Jerry Ball Meeting Date: Subject: Motion # July 13 2011 McARTHUR STREET, PARKING AND GARBAGE Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. THAT Report No. TES2011 -07 be received and adopted 2. THAT the Clerk brings forward the appropriate By -Law to restrict vehicular traffic on McArthur Street. 3. THAT Transportation Services install four removable bollards on McArthur Street. 4. AND THAT the Director of Transportation and Environmental Services advise Mr. Graham Western of Council's decision. BACKGROUND: McArthur Street is a small grassed right of way that is located between Elizabeth Street and Crawford Street, and exits off of Lakeshore Road West. This right of way is approximately 64 meters in length, and provides an access to the lake for local residents, as well as an access for Fire and Emergency Services to draft water. Mr. Graham Western provided correspondence to Council requesting some type of assistance, as people continue to park on the end of McArthur Street, having parties' day or night, and leaving garbage behind. Mr. Western's side yard property backs up to McArthur Street, and his home is very visible from the right of way at the Lake Shore. ANALYSIS: McArthur Street has the appearance of a manicured lawn and offers an excellent area for local residents to enjoy the lake. To address the issue of nonresident parties and garbage being dumped, motorized vehicle traffic should be eliminated to assist with maintenance of the right of way, and addressing local resident(s) concerns. Transportation and Environmental Services July 13, 2011 Report No. TES2011 -07 Page 1 of 2 Page 188 of 423 101) - Report No. TES 2011 -07, Jerry Ball, Director of Trans... It is recommended, to install 4 removable bollards across McArthur Street, to restrict motor vehicle access to the lake. This would also deter unwanted parties and garbage being left behind. The bollards would be located approximately 9 metres south of the pavement edge, on Lakeshore Road West, and this would allow for 2 parking spaces, if required by local residents, to park and walk to the lake edge. The Fire and Emergency Services would be provided a key, which would allow the bollards to be removed for vehicle access to the lake. FINANCIAL: The Bollard(s) installation would be financed from the "Guide Rail Budget ", within the Transportation Services. POLICIES /LEGISLATION: N/A CONSULTATIONS Director of Recreation and Community Services ATTACHMENTS: N/A CONCLUSION: With the installation of the removable bollards to restrict vehicular traff ic on the right of way, it will assist local residents with unwanted parties, and garbage being left on McArthur Street. Respectfully submitted: Jerry Ba , R.S.S. Director of Transportation and Environmental Services SMT Approval / Comments: I C.A.O. Approval / Comments: Transportation and Environmental Services Report No. TES2011 -07 July 13, 2011 Page 2 of 2 Page 189 of 423 10m) - Report No. TES 2011 -08, Jerry Ball, Director of Trans... Township t f REPORT Proud Heritage, Exciting Future Report No. TES2011 -08 To: COUNCIL Prepared By: Jerry Ball Meeting Date: July 13 2011 Subject: SPEED REDUCTION REQUEST, LINE 5 NORTH Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. THAT Report TES2011- 08 be received and adopted. 2. THAT Line 5 North, from Old Barrie Road to 15/16 Side Road, remain as an 80kmh zone. 3. THAT Line 5 North, from Old Barrie Road to 15/16 Side Road, not be zoned as a Community Safety Zone, or a No Truck Route. 4. AND THAT Ms. Sherri -Ann Bloom be advised of Council's decision under the signature of the Director of Transportation and Environmental Services. BACKGROUND: Correspondence was received from Ms. Sherri -Ann Bloom, who was representing the residents on Line 5 North, from 15/16 Side Road to the Old Barrie Road. Ms. Bloom and her husband also own and operate a Residential Care Home for children (youth and adults) with special needs, at #1208 Line 5 North, which is called Blooming Acres. As part of this special needs program, staff takes the residents out of the home for a walk along Line 5 North twice a day. This section of Line 5 North was reconstructed and paved in 2009, and residents have experienced an increase in traffic speed, as well as the number of transport trucks utilizing this road section. The Home Care staff has indicated that during their walks, the speeding vehicles and transport trucks, has become a safety concern. Residents along Line 5 North, have requested consideration be given to reduce the existing speed to 50kmh, create a Community Safety Zone and prohibit truck traffic on Line 5 North. Transportation and Environmental Services July 13, 2011 Report No. TES2011 -08 Page 1 of 3 Page 190 of 423 10m) - Report No. TES 2011 -08, Jerry Ball, Director of Trans... ANALYSIS: In 2010, a Speed Limit Study Report on certain roads, within the Municipality, was completed by CC Tatham and Associates Ltd., and Line 5 North, from 15/16 Side Road to Old Barrie Road, was included in this speed limit report. The following are findings from the Speed Limit Study Report: • Line 5 North is a 3.2 km section, with a 7 meter paved surface, and 1 meter gravel shoulders. • The lane shoulders are appropriate for the design speed. • There are 8 driveways along this section of Line 5 North. The intersections of Line 5 North, with 15/16 Side Road and Old Barrie Road, are both 4 legged, with stop controls on Line 5 North. • There are no horizontal curves along this section. • There are 2 vertical crest curves, with sight line stopping distance of 135 meters, which comply with an 80kmh zone. • There are no perceived road hazards along this section of Line 5 North. • An updated traffic count was taken in May 2011, which gave a count of 402 AADT. • The recommended speed limit for Line 5 North, from 15/16 Side Road to the Old Barrie Road, is 80kmh. In 2005, Report PW2005 -08 was presented to Council regarding Community Safety Zones. In this report one of the recommendations was: THAT Council endorses the following as guidelines, when considering a request to establish a Community Safety Zone: • Knowledge of collisions and /or personal injuries • Presence of Pedestrian traffic • Proximity to schools and /or related uses, which expose vulnerable groups to traffic - related hazards • Persistent concerns related to speeding and other traffic offences. In reviewing the concern regarding increased heavy truck traffic on Line 5 North, staff have monitored and found no transport trucks utilizing this road section. It is believed that when the County Landfill site was being rehabilitated, material was being delivered via Line 5 North from Highway 11, which did increase truck traffic at that time. The site has now been completed and truck traffic has been reduced to normal flow, which would include local garbage pickup, school buses or local deliveries. FINANCIAL: N/A POLICIES /LEGISLATION: Community Safety Zone Guidelines, Speed Limit Report (CC Tatham) Transportation and Environmental Services July 13, 2011 Report No. TES2011 -08 Page 2 of 3 Page 191 of 423 10m) - Report No. TES 2011 -08, Jerry Ball, Director of Trans... CONSULTATIONS: Transportation Managers and Building Staff ATTACHMENTS: CONCLUSION: In summary, the recommended speed for Line 5 North, in the Speed Limit Report completed by CC Tatham and Associates Ltd., was 80kmh. There were no road hazards, sight lines, and stopping distances within the vertical crest curves, and were within the design guidelines. Line 5 North does not exceed any of the guidelines in Report PW2005 -08 that would recommend creating a Community Safety Zone. Each time Line 5 North has been inspected, there is no evidence of transport trucks or heavy trucks on this road section. It is recommended not to post this road section as a "No Truck Route ". To address the issue of residents from the Blooming Acres Home Care, utilizing Line 5 North, from Old Barrie Road to 15/16 Side Road, for their daily walks, it is recommended that the Group Home purchase signs with stands that can be placed on Line 5 North, each day, to advise motorists of special needs pedestrians. Respectfully submitted: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services SMT Approval / Comments: I C.A.O. Approval / Comments: Transportation and Environmental Services July 13, 2011 Report No. TES2011 -08 Page 3 of 3 Page 192 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Township of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: FD No 2011 -06 Council Deputy Fire Chief Hugh Murra Meeting Date: Subject: Motion # July 13, 2011 Office of the Fire Marshal Annual Compliance Report Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No FD 2011 -06 be received and adopted 2. That Report No FD 2011 -06 be approved and presented and signed by the Mayor 3. That Report No FD 2011 -06 be forwarded to the Office of the Fire Marshal BACKGROUND: An annual submission to the Office of the Fire Marshal is required in order to have Oro - Medonte Fire & Emergency Services be compliant with the Fire Protection and Prevention Act (1997). The submission to the Office of the Fire Marshal includes the following: • Annual review of the Simplified Risk Assessment of the community • The continuation of the smoke alarm program with home fire escape planning • Distribution of fire safety education materials • Ontario Fire Code inspections upon compliant or request FIRE & EMERGENCY SERVICES Report No. FD No 2011 -06 July 13, 2011 Page 1 of 2 Page 193 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... POLICIES /LEGISLATION: Fire Protection and Prevention Act, 1997 (FPPA). ATTACHMENTS: Annual Compliance Report CONCLUSION: This submission requires the signature of the Mayor and the Chief Fire official for the Municipality. Respectfully submitted: Hugh Murray Deputy Fire Chief SMT Approval / Comments: I C.A.O. Approval / Comments: FIRE & EMERGENCY SERVICES Report No. FD No 2011 -06 July 13, 2011 Page 2 of 2 Page 194 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Annual Compliance Report Township of Oro - Medonte Oro - Medonte Fire & Emergency Services Ministry of Community Safety and Correctional Services Office of the Fire Marshal Page 195 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Preface The Municipal Fire Protection Information Survey submitted to the Office of the Fire Marshal (OFM) dated {Date of Survey} enabled the Fire Marshal to issue {Name of Municipality} a Certificate of Compliance on {Date of Certificate} in regard to the public fire safety education and fire prevention requirements of clause 2(1)(a) of the Fire Protection and Prevention Act, 1997. Part of the requirement to maintain your municipality's compliance status is to keep the OFM informed of any significant changes to activities, directions or programs. This is accomplished by the submission of the Annual Compliance Self- Assessment Form. The form allows the OFM to verify ongoing compliance. The form is also used to provide information if the municipality has reason to believe that it is not in compliance. The form has a section to describe briefly the reason for non - compliance, the actions that need to be taken to achieve compliance and the impact taking these actions will have on the municipality. The annual compliance report is used by the OFM to monitor your municipality's status with respect to continuing to meet the minimum requirements. All activity should be reported for each of these requirements. Appropriate documentation must be available, to the OFM to demonstrate that your efforts to maintain compliance are ongoing. Such documentation may include tracking reports, documents relating to smoke alarm programs and activities, public education and inspection activities, and a Simplified Risk Assessment that is reviewed annually. The Annual Compliance Report will consist of: • An annual review of the Simplified Risk Assessment of the community o To identify any significant changes in factors that have an impact on fire risk o To evaluate existing programs o To list additional, revised or discontinued programs See Attached Simplified Risk Assessment The continuation of a smoke alarm program with home fire escape planning • Tracking form stating the number of smoke alarms distributed • Tracking form listing the number of smoke alarm inspections, violations and resulting fines or convictions • Results of smoke alarm surveys • List of specific activities and samples of smoke alarm education materials distributed • Program evaluation documents Office of the Fire Marshal Annual Compliance Report 2011 -07 -12 page 2 of 10 Page 196 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Page 197 of 423 Oro - Medonte does not distribute Smoke Alarms to residences within the community. We do not feel that it is valuable to keep replacing the smoke alarms for them. We do however provide new batteries when required as well as educate them and provide information pamphlets. Smoke Alarms are checked by the suppression crew when out on calls. FPO will ensure residential smoke alarms are present and operating during inspections of business such as Golf Clubs where the residence is part and parcel of the business. Smoke Alarm education and materials are continually distributed throughout the year at all fire prevention initiatives and events within the community, with an emphasis on home fire escape planning and Smoke Alarm requirements. (NFPA, Ministry of Community Safety & Correctional Services) l have attended two home fires within the community and issued fines due to none working smoke alarms: January 7, 2010 issued a fine to owner of a rental home on 1322 Horseshoe Valley Road — Fail to maintain smoke alarm in operating condition. (Structure Fire) February 15, 2010 issued a fine to owner of 18 Simcoe Road — Fail to maintain smoke alarm in operating condition. (Deck Fire) • Distribution of fire safety education materials • Tracking form showing the quantity and type of material distributed • Tracking form listing public education initiatives and events. • Samples of public education materials distributed • Public education program evaluation documents Oro - Medonte distributes all materials provided by the Fire Safety Council and NFPA on Smoke Alarms, CO detectors, Home Fire Escape Plans, Sparky pamphlets (home inspections, home escape plans, fire safety checklist), Older & Wiser pamphlets, How to Prevent Fires for Older Adults. All materials provided in the Fire Prevention Week kits and Spring /Summer kits. In addition, we hand out Emergency Preparedness information during Emergency Preparedness Week in May along with the Fire Safety Materials. Public Education Initiatives and Events — See Attached. • Ontario Fire Code inspections upon complaint or request • Tracking form listing inspections conducted upon complaint or request, and resulting actions • Tracking form listing routine inspections and resulting actions 0 Office of the Fire Marshal Annual Compliance Report 2011 -07 -12 page 3 of 10 Page 197 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... See Attached List. The Annual Compliance Report is due on the anniversary date of your most recent award of compliance. Please complete the attached form, sign the declaration and return them to your local OFM fire protection adviser. Should you have any questions regarding the report, please contact your local OFM fire protection adviser. Office of the Fire Marshal Annual Compliance Report 2011 -07 -12 page 4 of 10 Page 198 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... DECLARATION OF COMPLIANCE We, the undersigned declare that the information provided is true and accurate. Further, we declare that the municipality of Township of Oro - Medonte has completed all the necessary requirements for continued compliance with the public fire safety education and fire prevention requirements stated in clause 2(i)(a) of the Fire Protection and Prevention Act, 1997. J �'C t.A, (_ 1 Z g a l! Hug Murray Da e Deputy Fire Chief / Acting Fire Chief Oro - Medonte Fire & Emergency Services "A fire chief is the person who is ultimately responsible to the council of a municipality that appointed him or her for the delivery of fire protection services ". subsection 6(3) of the Fire Protection and Prevention Act, 1997. Harry Hughes Mayor - Head of Council Township of Oro - Medonte Office of the Fire Marshal Annual Compliance Report 2011 -07 -12 Date page 5 of 10 Page 199 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Compliance Self Assessment Form Municipal Information Name of Municipality Township of Oro - Medonte Address of Municipality 148 Line 7 S Telephone Number of Municipality 705 - 487 -2171 Municipal Website www.oro - medonte.ca Reeve or Mayor Harry Hughes - Mayor CAO or Clerk Robin Dunn - CAO Fire Chief MFPIS Contact if other than Fire Chief Hugh Murray — Deputy Fire Chief Date of Award of Compliance May 15, 2010 Annual Compliance Report Due Date May 15, 2011 OFM Fire Protection Adviser Dale Moore Office of the Fire Marshal Annual Compliance Report 2011 -07 -12 page 6 of 10 Page 200 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Page 201 of 423 0 m n v co a Q c .O J Un U) ] � 0� Q � C O '� a) • +a (� E 0 O O 7 -0 O OT ir Y C 0) -0 L O LL CL > cc ° ° a O c LL E cc � � � E U � - W o m ' a) c c � E a o E E y c o E -o m U 0 T c cf) ca E � o c U) m N co J � C E] 0 O7U0 0) 1:1 E] El El o L. 0 o 0 � � w� 0 LL E o o ® -°�o - Q � o 2ff" 2 c CZ `nal acU m ai 0 m m N d a) Y o a -i � m ca ? m I_- ca o ° A N � � Eo sm'�U �- � 0 O M Q�: cm T (OD N O O O . O O E c N 2 eUN ma) oE mEa� a) -0 � Q �= ro U � c � � To cu �a oY 0 o T o d U � E -0 E Eo o °•c o � -o � � o � a E o_ w � CF m ca U � O (L O U ° V m � � U r000 m O CLL m E ❑ �U ❑ fA O_ G O_ fA ❑ O U L E N cV ri lr -d °U7 rn w _9 O O .2 � (a LL q o OQcy Page 201 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Page 202 of 423 0 4, C CL N fG � Q LL LL LL C C C N cc Q O O C r N O � m w a. e E CL 41- � W n ° w � � o c p CET o H o o o a) z � z Zc Z a'o O ® m ai cao � c: o ° g Q o '' E O Lo E 0 Z 'O 0 t co .N = 0 � N N N U Q . E O � .? O U C � C U O U U U U N >' N O � C �- cc •..N 0 0 c: n5 c -o E c- N Q C Q 0 C - 'N � T 0 U p N N (U) Qa) > CO Y O 15 f E N , U o d O O UU U v0 o 0)'F- co c 00 p U 0 oo �N m q Q i � n O O U O (d MN R '-O msE O O 0 .2 Q aQ 0 O Q� N — O 4 U R 0 a) A cG 2 N CC :c O 0- C N N cC (D CL ^ 0) (C C. V Z N 7 U C U C L O oL VQ2 N D7 N (h U U O- U lC y 0 O O 0 U Od cn m Page 202 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Factors That Have an Impact on the Delivery of Minimum Mandated Requirements Describe any changes having an impact on the delivery of services by the fire department. Such changes may include any of the following: Changes in direction from municipal council: Changes in Establishing and Regulating By -Law. Public Education on Emergency Preparedness. Changes in fire department policy /direction: Continued Development of the Fire Prevention Education Committee. Increase in Fire Prevention Education Committee displays and educational sessions. Changes in fire department staffing levels: Temporary vacancy — Fire Chief Changes in bylaws or policy direction: None Growth or decline in population, housing or industry: Slight growth in population. Change in financial status, e.g., budget, overall revenues, tax base, etc None Other significant changes: None Office of the Fire Marshal Annual Compliance Report 2011 -07 -12 page 9 of 10 Page 203 of 423 1 On) - Hugh Murray, Deputy Fire Chief, re: Ontario Fire Mars... Programs or Activities Exceeding Minimum Requirements List any programs or activities conducted by the municipality or fire department that demonstrate its commitment to provide services beyond the minimum acceptable model. This is also an opportunity to share with others what you consider to be a best practice or an innovative program or activity. Emergency Preparedness Week has been implemented as of May of 2009, 2010 & 2011. The Fire Halls are opened to the public for a day with a pancake breakfast and display of emergency preparedness pamphlets and information along with a draw for an Emergency Preparedness Kit coupled with Fire Safety Material with an emphasis on Smoke Alarms and Home Escape Planning. Firefighters set up prevention and education displays at Canada Day activities and attend community functions as requested by different community groups. Continued Development of a Fire Prevention Public Education Team. - Involving a volunteer firefighter from each station to be on the committee to provide input into the public education programs to be offered within the community. - To help arrange and participate in public education initiatives, programs and events. Office of the Fire Marshal Annual Compliance Report 2011 -07 -12 page 10 of 10 Page 204 of 423 ]]b)- Councillor Lancaster, re: Request for Change of Pmd.. 0 k k M §k f ® G G 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 £± L % L L L L L L L L L L L L L L Mk 02 0 � 0 0 ° ° G 2 2 MM G r m ' m ® \ ' m k G E E E ± E E E E E ± E E E ■ L / o o § / o / 2 0 0 0 2 0 / o / o § M§ c e o c $ o c ¥ ®' f f f f CO CO ¥ g # CO CO CO CO o ) n # § k ^ U') ¥ a ± a E 7 E o Z 0 Z §of 0 2� BEM o � . ■ _ � M m\ CO - 0 0 CO CO o # o CO o CO ■2G =G= ■ _ E v ■ 0 02 k � r 0 c 0m k % Q c 2 7 c = m = m ° E 0 m $ o = '_ / I / / -0-0 $ ) •- � E - E / ƒ / / / / J30! 3 00 U U 0 U) / / Page 205 of 423 11 b) - Councillor Lancaster, re: Request for Change of Pract... Month Comments re late posting due to Stat holidays January No holiday February Family Day, 3 rd week, no meeting 3 rd week, no posting March Easter either in March or April, Tuesday posting April May Victoria Day, 3 rd or 4 Monday, Tuesday posting June No holiday July Meeting in middle of month, not applicable August Meeting in middle of month, not applicable September Labour Day, Tuesday posting October Thanksgiving, Tuesday posting November Remembrance day floats, possible Tuesday posting when day is on Monday December No issue 4 Mondays a year out of 31 regular Council meetings Page 206 of 423 12b) - Midland Public Library, Minutes of Meeting held on Ma... MIDLAND PUBLIC LIBRARY BOARD MEETING JUL 0 5 2011 ORO- MEDONTE DATE: May 12, 2011 LOCATION: Midland Public Library Boardroom PRESENT: L. Campbell, J. Swick, B. Gorski, U. Schmid, G. Canning, B. Desroches, M. Pearce, V. Nihill REGRETS: J. Pack GUEST: STAFF: G. Griffith, Recording Secretary (absent), B. Molesworth, CEO ITEM ISSUE ACTION 1. Call to Order K 3. 4. J. Swick called the meeting to order at 7:01 p.m. Approval of the agenda Additions: 7.1 Budget Schedule Moved by: B. Desroches Seconded by: V. Nihill That the agenda be approved as amended. Approval of the minutes of the previous meeting Moved by: M. Pearce Seconded by: B. Gorski That the minutes of the Board meeting held on April 7, 2011 be approved. Business arising from the minutes 4.1 Strategic Plan B. Molesworth had circulated several goals and their respective objectives for review by the Board and consideration for inclusion in a Strategic Plan to guide the Library for the next several years. Some of them are extensions of items that appeared in the previous Plan, such as Enhanced Services. A Library must always continue to enhance services — to stop is to become stagnant. Some depend more on funding than others and not all will be addressed at once, or even at all. It will be up to the Board to decide on the final form. CARRIED Page 207 of 423 12b) - Midland Public Library, Minutes of Meeting held on Ma... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 2 of 6 DATE: May 12, 2011 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 4. Business arising from the minutes - continued J. Swick asked for comments or suggestions. He drew attention to the Benefits for Part -Time Staff item as one that would be problematic, mostly because it would create a precedent for other departments of the Town. He asked why it was included. B. Molesworth responded that part -time staff work different hours but some work as much as 28 and all have shown commitment to the Library, some working here for more than 20 years. The difference in hours between part -time and full -time is small, the effort required is equal, as is the way the Library depends on all staff, and it seems arbitrary that some get benefits and some don't. B. Molesworth feels that they should be established on a pro- rated basis to recognize the part-time nature of the positions. Their sick and vacation leave is so calculated. J. Swick asked if there was opportunity to move to full -time within the organization and B. Molesworth said there was very little. Since he has been in the position, one full -time person has retired. One full -time person took on aspects of the vacant position and one part-time person was moved to a full -time position but other vacancies have simply been filled. B. Molesworth said it was up to the Board and he certainly understood the current economy meant it was unlikely to meet approval at Council but he felt it should be considered and remembered as the Board moves ahead. J. Swick felt that, from a private sector perspective, a review of procedures and a search for efficiencies might be a first step. G. Canning agreed that benchmarks should be found for comparison. Page 208 of 423 12b) - Midland Public Library, Minutes of Meeting held on Ma... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 3 of 6 DATE: May 12, 2011 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 4. Business arising from the minutes - continued 5. B. Molesworth said there are standards for all aspects of a Library, based mostly on the population served. Comparisons between positions are difficult because Libraries take advantage of capabilities, so two people with the same job title might have very different job descriptions because they've evolved to reflect the incumbents' skills. G. Canning asked if staff were being used effectively and B. Molesworth said that as a service industry it is difficult to measure productivity — a task that might take 30 seconds with one patron could take 5 minutes with the next. G. Canning agreed that some people take a lot longer to conduct a transaction in his store than others. V. Nihill wondered if the fact the town is a seasonal destination would have an effect by changing the levels of demand. B. Molesworth said he would research some standards and comparators for review at a future meeting. U. Schmid suggested a section for local authors. B. Molesworth felt that could fall under Collection Development. Approval of the accounts B. Desroches asked if the total was unusually high and B. Molesworth thought it was — that there were a couple of expenditures like the library cards, two hydro bills, etc. that raised it above the norm. G. Canning asked about the $2,500.00 for e- reader books and B. Molesworth said that was a one time expense that Midland Public and several other Libraries in the County Co- operative have committed to in order to increase the collection size in response to demand. Page 209 of 423 12b) - Midland Public Library, Minutes of Meeting held on Ma... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 4 of 6 DATE: May 12, 2011 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 5. Approval of the accounts - continued 6. U. Schmid asked what level of responsibility the Board had for managing the budget. B. Molesworth said a Board exercises oversight and reviews expenditures monthly. While the Library spends money without seeking approval for every transaction, it would be obvious from the reports if spending was out of control or unusual items were being purchased, at which point the Board should be asking questions. Moved by: V. Nihill Seconded by: L. Campbell That the accounts for the month of April 2011 totalling $26,959.71 be approved. Reports of Board Committees 6.1 Finance Committee B. Gorski distributed the year to date report. At one third of the way through the year the total budget is at 34.55 %, which is well within projections. G. Canning asked if the Library will be joining the Town Office in an elevator service contract and B. Molesworth said the Library pays for its service contract in January but he had discussed it with T. Walker and they would be reviewing it for the three units in town for next year. 6.2 Report from the Friends of the Midland Public Library B. Molesworth said the store is doing well, that there are several new volunteers and the hours have been extended for the summer. A couple of volunteers are taking the summer off which may require a further adjustment. The monthly meeting was held on Monday, May 9t" and 14 attended. They are starting to think about spending some money. The current Treasurer is finding the increased level of work is presenting conflicts and is looking for a replacement. A member has offered to consider it. CARRIED Page 210 of 423 12b) - Midland Public Library, Minutes of Meeting held on Ma... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 5 of 6 DATE: May 12, 2011 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 6. Reports of Board Committees - continued 6.3 Review of Committees — Fundraising, Building, Policies and Procedures It was agreed to let the Building Committee lapse as the work it was struck for is completed. B. Molesworth can report to the whole Board on Building issues if required. Fundraising is a lot of work and not to be approached in the summer so will be reconsidered in the fall. It was agreed that, for the same reason. striking a Policy Committee would also wait until the fall. 7. 8. New business 7.1 Budget Schedule B. Molesworth reviewed the schedule for presenting the Budget to the Treasurer and CAO and then to Council. The Board's schedule works well with the Town's this year, except that B. Molesworth will be on vacation for the first two weeks of September so he asked if the September meeting could be moved to August 25th. A first draft will be presented to the Board at the regular June meeting. Second draft can be considered in October. Information 8.1 Chief Librarian's Report B. Molesworth reported the Library will be included in the promotional material accompanying Doors Open Huronia but not the Province wide information because the Library is only open on Saturday. 8.2 Knowledge Ontario /Provincial Grant The Province has committed funds to be shared by Public Libraries but the amount individual Libraries will receive is small - $2,200.00 in our case — and not ongoing so, no new programs can be established. This may show the government is more Page 211 of 423 12b) - Midland Public Library, Minutes of Meeting held on Ma... MIDLAND PUBLIC LIBRARY BOARD MEETING Page 6 of 6 DATE: May 12, 2011 LOCATION: Midland Public Library Boardroom ITEM ISSUE I ACTION 9. aware of the needs of Libraries but it may also just be an election year ploy. Knowledge Ontario continues to develop its fee based model and has established charges for its other services. Since SOLS is currently supplying Libraries with databases, and Midland currently does not use the other services, we will continue to review the information as it becomes available. In response to a question, B. Molesworth announced that B. Desroches is the Vice Chair of the Midland Public Library Board. Adjournment Moved by: B. Gorski That the meeting be adjourned at 8:05 p.m. n of the 66ard Chief Librarian Page 212 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... 'L BARRIE PUBLIC REC "E E ]LLL LIBRARY LLL ��xaz-hrr�,�rC`a�r�rrzarsay JU(- b 1011 MINUTES ORO- Board Meeting #11 -04 TOWN�NTE Thursday April 28, 2011 at 7:30PM 1-I1P Consumers Gas Boardroom PRESENT: C.Virgo (Chair), R.Palmer, B.Jackson, L.Strachan, R. Reynolds, T.Johnson, R. Junke, A. Davis (Director), T. Latimer (Recorder) ABSENT: R.Duhamel (Vice- Chair), L.McClean 1. Call to Order The meeting was called to order at 7:30pm Al introduced Julie Ross, Manager of Volunteer Services and new Manager of Branch and Public Services, Jaime Griffis. 2. Confirmation of Agenda The agenda was confirmed. 3. Conflict -of Interest None. 4. Capital Campaign Update Chris VanderKruys (Development Office) — Chris was unable to attend. 5. Minutes of Meeting. 5.1 Minutes of Board Meeting #11 -03 dated Thursday March 24, 2011 #11 -14 JOHNSTON - PALMER THAT the Minutes of Board Meeting #11 -03 dated Thursday March 24, 2011 be adopted. CARRIED 6. Business Arising The presentation to Council will be planned for the fall. Al will set a date with the City to have the presentation before the budget process with the City. . 7. Report of the Chair There is a new mat in the lobby with the library logo. There were 785 participants in children and youth programs in March. An extra Holly program was scheduled due to high demand. 8. Committee Reports Page 213 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... 8 1.. - "anci S°thtement — January 2011, February 2011, March 2011 JUNKE - STRACHAN A THAT the expenses listed in the financial statements for January, February, March 2011 p� ed. CARRIED "8:2 Minutes of Corporate Committee Meeting #CR11 -02 dated Tuesday April 19, 2011 #11 -16 REYNOLDS - PALMER THAT the Minutes of Corporate Committee Meeting #CR11 -02 dated Tuesday April 19, 2011 be received. CARRIED 8.3 Business Plan to Support Strategic Plan The business plan was received and reviewed by the board. 8.4 Minutes of Community Committee Meeting #CM11-01 dated Tuesday April 19, 2011 #11 -17 STRACHAN - JUNKE THAT the Minutes of Community Committee Meeting #CM 11 -01 dated Tuesday April 19, 2011 be received. CARRIED 9. Director of Library Services Report March 2011 Chris is still working on the Strategic Plan brochure for the public. 10. Other Business None 11. Committee Meeting Dates At the Call of the Chair Community Committee meeting to be determined. 12. Date of Next Board Meeting Tuesday May 24, 2011 at 7:00pm in the Consumers Gas Boardroom. 13. Adjournment The meeting was adjourned at 8:40pm by Rebecca Palmer CHAIR DATE SECRET DATE Page 214 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... DIRECTOR'S REPORT May 24, 2011 for April 2011 I PERSONNEL 1. Celina Jermey, Georgian College Early Childhood Education (ECE) student, joined the Children and Youth Services program for the month of April. 2. April 1st, an "all staff" session was held for training on Work Place Harassment and Violence in compliance with provincial legislation. 3. April 6th, the Director and Chris Vanderkruys attended the Mayor's Breakfast meeting to learn of the development and economic plans for Barrie and how the Library can provide business support. 4. April 8h, the Director attended a meeting of the Chief Executive of Large Urban Public Libraries (CELUPL) to discuss provincial initiatives and the implementation of Bibliocommons. 5. Meetings continued during April with surrounding public libraries to plan for the launch of "Get A Life" (October 1s) as part of the "Human Book' initiative. 6. April 18`h, Jaime Griffis started work at the Library. Jaime will be the new Painswick Branch manager and take system -wide responsibility for public service and circulation policy. 7. Sunday, April 17'1', the Director participated in another successful Rotary Auction Special Fundraising Project. 8. Three Information Technology Services staff members, Barb Romeo, Karen Hanson. and Melinda Walley attended a one -day basic Excel training course -and have found it useful in supporting their daily work. II INFORMATION SERVICES . 1. Ayla Demiray, Robyn Zuck, Patricia Roebuck, Elizabeth Bufton, and Janet Graham attended a webinar on Ancestry Library database (introducing the new interface) in April. 2. Shonna Froebel instructed Mary McAlpine and Laura LaFleshe on how to add "Featured Content" and "Staff Picks" to Bibliocommons. In April, Information Staff received a demonstration of the many features that they can now use with Biblicommons. 3. Robyn assisted staff members Monika Harmathy, Dupe Babatunde, Debra Smith and Kym McOuat on the downloading e -books to an e- reader. 4. Janet Graham selected the final 60 books (3 blocks) from the regular Large Print collection to meet the demand from retirement/homes in April. Janet has requested that our Large Print supplier, S &B books, provide a further 10 book blocks (200 titles) for Visiting Library Services (VLS). 5. Cindy Madden continues to order material for the main library and the Painswick branch. 6. Mary McAlpine has ordered an additional number of new audiobooks for the Painswick Branch. This is expected to be a popular format for this new client group. 7. Patricia Roebuck finished ordering both the adult and children's DVDs for Painswick. 8. Robyn Zuck investigated the changes in the databases offered to the library from Southern Ontario Library Services (SOLS) as the Chief Executives of Large Public Libraries of Ontario (CELPLO) database consortium ceased to exist as of June 30. 9. Robyn also coordinated with the TumbleBook Library staff (childrens's talking book database) to add 2 extra modules to our database link. 10. Lynn Hougham added 130 donated items to the collection in April. Page 215 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... 11. "Ask -On" continues to encounter inappropriate behavior and the Library is considering cancelling its support for this service. 12. The Library's own "Ask a Librarian" continues to be well used and successful. Genealogy questions, Birth/Marriages and Deaths, interlibrary loan and material suggestions as well as the use of PCensus and Canada Post Household Counts are popular. 13. Anne Dorsey's "30 minute plus" business reference service continues to be well used relying on PCensus and Million Dollar Database Index to support new and existing business needs in Barrie. 14. Information Barrie distributed 1788 brochures in April including 7 Newcomer Information Packages. 15. Shonna continues to participate in developing the "Get a Life" Human Library joint library initiative involving surrounding libraries. The target date is October I't for Barrie. 16. Anne Dorsey attended the Oro - Medonte Chamber of Commerce Annual Business Awards on April 14 and the Barrie Chamber of Commerce trade show on April 29th. 17. In April, Acme judged the submissions for the Business Enterprise Resource Network Annual Business Excellence Awards. 18. Anne attended the Women in Networking Going Strong (WINGS) breakfast meeting on April 27th. 19. During the month of April, Adult Information Services, in addition to selecting material for the new branch and performing extensive weeding at the downtown location in preparation for RFID, managed to deliver 25 programs to 169 participants covering electronic products, book clubs, business, gardening, travel, history and outreach community events. 20. Kym McOuat hosted Part 2 of the "Divorce Financial" series on April 7th. and Anne Dorsey facilitated Buying Your First Home, April 12th, well as "Business Plan 101 on April 13th. Mary McAlpine hosted "Wills: Issues for New Families" April 14th and Modupe Babatunde hosted "Selling Your. Home Wisely" April 20th. 21. Alison Bramwell continues to recruit celebrity readers for the Barrie Reads Evergreen evening September 2011. 22. Shona Froebel attended 2 site meetings at Painswick in April. 23. Under the Lists category on Bibliocommons, Robyn started creating websites by subject links, which will eventually replace the Websites by Subject category on the Library's website. 24. Cathy Bodle, Information Barrie reported that the most searched record in the Community Information Database in April was one of the Lifelabs locations (597 "hits "), followed by the Painswick After Hours Clinic (574 "hits "), and the Barrie Bus Terminal (508 "hits ") 25. Robyn Zuck commented that the mobile applications for Libraries on the Go (including iPads, iPod Touch, etc.) are becoming more and more common. Children and Youth Service 1. During the month of April, Laura LaFleshe provided additional training to Children and Youth Service staff on Bibliocommons. Ruby Meijers has created a Bibliocommons account for reluctant boy readers. Ruby Meijers, Debra Smith, Laura LaFleshe, Kym McOuat, and Nancy Woods started working on booklists for Bibliocommons. 2. Ruby Meijers also attended an t- reader training session in April. 3. April 12, Laura Lafleshe and Kym McOuat attended an "Every Child Ready to Read" program information session with Early Literacy specialist Saroj Ghoting. Page 216 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... 4. On April 19, Debra Smith attended a SOLS workshop entitled "Book Talks for Teens and Tweens." 5. Vicki Nicholls attended a webinar on April 26 for training on the new Ancestry interface for libraries. 6. Debra Smith, Laura LaFleshe, Jane Salmon, Patricia Roebuck and Nancy Woods continue to select materials from Library Service Centre (LSC) and CVS/Midwest for downtown and Painswick Branch locations. 7. Vicki Nicholls completed a purchase list for mass market paperbacks.and, with Early Childhood Education (ECE) student, Celina Jermey, Patricia Roebuck gathered information to create an Automatic Release Plan (ARP) for the collection. 8. In April, Patricia Roebuck finished ordering a core collection in Junior French nonfiction for Painswick. 9. 18 Storytime Kits were circulated in April. 10. Vicki Nicholls answered an Ask a Librarian question for a man from Virginia inquiring about a notice in a Barrie newspaper for a family member of his. He found it on our website. Vicki sent him a copy of the obituary which proved to have provided him with "golden nuggets" of information he was missing in his genealogy research. 11. Nancy Woods led a tour for 14 Brownies and their leaders on April 5t'. 12. On April 6, Kym McOuat led a tour for ls` Painswick Brownies. 13. On April 6, Ruby Meijers represented the library at the Welcome Wagon Baby Show. She spoke.with many people and shared the many programs that the library offered. There was a lot of interest in the storytimes the library offers. 14. On Friday, April 15, Brenda Jarvis assisted Cindy Pomeroy -White with the Teen Creative Coffee House. 15. Nancy Woods and Laura LaFleshe provided the Holly Recreation Centre April storytimes. To accommodate demand, two Holly storytimes a week are now being offered. 308 people attended in April 16. Vicki Nicholls led 8 storytimes at Zehrs for 231 people. 17. In April, Cindy Pomeroy -White attended the Grand Opening of YMCA Youth Services' New Location in Barrie. 18. During the month of April, Children's and Youth Services delivered 74 programs including storytimes, tours, outreach and teen programs to 1824 attendees. 19. Ruby Meijers delivered 3 Lego Club meetings and Laura LaFleshe another to a total of 75 participants. This has become a very popular and successful program. 20. Carolina, the Library's new guest Spanish " storytime lady," provided a storytime in April to an over whelming group of young children. Carolina appreciated the role and storytime assistance provided by Library staff. 21. April 7 witnessed another successful meeting of the Junior Book Club. Activities included playing baseball, doing a baseball word search with a secret message, eating popcorn and talking about the book read, Dodger and Me. Vicki Nicholls is now busy preparing a Mystery themed meeting for the final book club night on May 12. 22. Kym McOuat, Ruby Meijers and Laura LaFleshe planned the Teacher's Activity for Battle of the Books. 23. On April 13 and 18, Debra Smith met with Cindy Pomeroy -White to plan the summer reading program for teens. 24. On April 21, Debra Smith and Cindy Pomeroy -White met with members of the Teen Book Club. Debra prepared a list of read - alikes, and discussion questions. Page 217 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... 25. Cindy Pomeroy -White facilitated the Ontario Student Assistance Program (OSAP) and Scholarship Assistance night on April 6. 26. Brenda Jarvis continues to assist Chris VanderKruys with the library newsletter. Brenda also worked on a business card project for the Development office. 27. Vicki Nichols continues to work on "shelf talkers" for the junior non - fiction collection. Vicki prepared shelf talkers on ecology /ecosystems, endangered species, the environment, energy sources, extinct/rare species and wildlife. 28. Debra Smith prepared a list of "Your Suggestions" (purchase suggestions) for Teen Territory. III CIRCULATION SERVICES 1. In April, Jaime Griffis attended an On -Site Painswick meeting with the project manager, contractors, and architect. 2. Jamie has created a "New Patron" brochure that will be used until September as a hand- out for patrons from south Barrie using the downtown branch. The brochure will be revised when opening hours have been decided and phone numbers available. 3. Jamie has also been working with the management team to revise current "weeding" collection guidelines. 4. During the month of April, 70 home and 9 nursing home deliveries were made using 44 volunteer hours. 5. RED tagging continues and the integration of interlibrary loans from other libraries on the self -serve shelving is successful. It will help improve efficiency when the new RED circulation and security system is operational. 6. Patrons continue to comment to Circulation Staff on how much they love the new "Grab and Go" service. 7. Jamie is working with Circulation Staff to map out job duties and work processes in anticipation of RFID. Jamie is also considering a special presentation at the June "all staff' meeting on the "Day in the Life of a Book" in a multi -branch system. This will also include the creation of the Library's "MAPHAT" customer service training module for circulation staff. 8. Jamie is also focusing attention on ordering the furniture for the Painswick branch, the "opening day" collection, work processes and program delivery between the downtown location and branch. As well, Jamie is working with Julie Ross to identify the training opportunities for branch volunteers and Chris Vanderkruys for the promotion and advanced signup for library cards in September to announce the opening of the Painswick Branch. The Library expects to start hiring new branch staff in September. IV INFORMATION TECHNOLOGY SERVICES 1. In April, Freida Lund continued to work on Bibliocommons "mapping" to prepare for our launch later this year. 2. Karen Hanson continues to work with the Library's MARC records and disc information inserts. As well, Karen is updating the processing profiles for a number of the Library's collection areas with Library Service Centre (LSC). 3. Andrew Rogers continues to work on the development of a special patron purchase request section of the Library's computer system with the LSC website for the Library's planned Bibliocommons launch. Page 218 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... 4. Melinda Walley is busy placing large print collection orders as well as processing the new periodicals for the Painswick Branch. 5. Laurie Wright continues to update the public access computers with new software versions as well the Telecirc replacement server. 6. Almost 78% of the Library's items that have circulated within the past year have now received an RFID tag in preparation for the new security and circulation system. This is approximately 54% of the Library's total collection. . V COMMUNITY DEVELOPMENT 1. 11 Dragon Boat teams have registered to date. Chris Vanderkruys met with Tim Horton's to discuss Festival sponsorship. Chris is looking at implementing some summer Dragon Boat programs over the summer to involve the general public and promote Dragon Boat racing in Barrie. 2. Chris hosted the monthly planning meeting of Planned Giving Counsel of Simcoe County in April, attended the monthly Executive meeting of the Counsel as well the April Education session. 3. Chris worked on the Library's Strategic Planning brochure in April 4. Chris met with international Festival of Authors (IFOA) committee to discuss plans for this year's fall event. 5. April 26, Chris arranged to have the Library host the Community Foundation launch and the awarding of Foundation cheques. The Library received two cheques. 6. Chris continues to work with the Barrie.Folk Society to put on a special new event at the South Shore Centre May 2 of this year. 7. Chris worked with the new owners of Toppers pizza in April to support the Battle of the Books program again this year ($1,000 sponsorship) 8. Chris started working on a new marketing /Development Plan to include fundraising and donor stewardship as well as Development Office needs. 9. The Capital Campaign is still working on a few donations that need to be finalized and then will look at how to wind up this phase of the Library's Capital Campaign. 10. During the month of April, Chris attended the Canadian Association of Gift Planners (CAGP) conference in Toronto. 11. Taking advantage of social media, Chris commented that the Library's Facebook page is growing monthly. Twitter is now on line. "BPL_inthecity" is our account. VI VOLUNTEER PROGRAM 1. The Barrie Association of Volunteer Administrators (BAVA) opened National Volunteer Week with a flag- raising and the Mayor officially proclaimed National Volunteer Week in Barrie April 10 -16. The Library photo, taken and framed by a professional photographer, will be displayed in the Library after the exhibit is finished. Julie Ross attended the April 13a' BAVA regular meeting. 2. Julie confirmed the Library's "volunteer recognition event" at the Fishbowl for May 28a'. 3. Julie also met with high school co -op teachers to provide mid -term evaluations of the Library's students. Julie has been invited to two appreciation breakfasts from the Board of Education for participating in their co -op programs and from Simcoe Community Services for placing approximately fifteen individual volunteers at the Library. 4. April 27`', Julie attended a meeting of the Professional Administrators of Volunteer Resources — Ontario (PAVR -O) Conference Committee. 5. In April Julie added two new volunteers for the Boutique. Page 219 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... VII BUILDING & BUSINESS 1. The Library is still awaiting the auditor's report. 2. Contact has been made with the Director of Finance to ensure that the Library will be included in the next Capital Plan and Development Charge Bylaw. The Director of Finance will work with the Director of the Library to accurately identify the funds available in the Development Charge and Ramp -up reserves to support the Library Board's presentation of its new Strategic Plan and Branch Library "master plan" to City Council. To take advantage of the City's budget process and cycle, it is strongly suggested that the Library Board look to making the presentation to City Council in August or early September at the latest. 3. The City Consultant's report on the potential development of the annexed lands will be delivered in July. The City is currently working on a report will identified which lands can be developed. The City's Growth Management Coordinator will ensure that the Library is included in the next process which is to develop specific land use options. The target date for a report to City Council is September. 4. No new needles have been added to the Sharps containers in the main floor washrooms and only two incidents reports were made. Both included minor abuse of library rules. The security guard continues to make the agreed upon rounds and no behavioral problems have been reported. 5. The City replaced the Library's front mats with a single new mat displaying the Library's logo. PREPARED BY A. Davis DATE May 24, 2011 Page 220 of 423 12c) - Barrie Public Library, Minutes of Meeting Held on Apr... LIBRARY USAGE FOR THE MONTH OF: MARCH 2011 SAME MTH CURR PREY CURR PREV YR MTH % +l- YTD YTD % +1- 1 CIRCULATION Adult 85,436 78,375 -8.26% 233,019 217,832 -6.52% Children 59,003 60,617 2.74% 155,258 152,848 -1.55% TOTAL CIRCULATION 144,439 138,992 - 3.77% 388,277 370,680 -4.53% 2 HOLDS PLACED 14,084 13,044 -7.38% 38,627 36,832 -4.65% 3 INTERLIBRARY LOAN Borrowed 297 240 - 19.19% 721 673 - 6.66% Lent 299 289 - 3.34% 540 871 61.30% 4 MEMBERSHIP New members 645 660 2.33% 11756 1,633 - 7.00% Active Members 56,125 55,018 - 1.97% 55,983 55,018 -1.72% In Person Visits 49,996 54,777 9.56% 134,588 146,526 8.87% 6 INFORMATION REQUESTS a) Main Floor Information 3,349 3,168 - 5.40% 8,862 8,359 -5.68% b) Second Floor Information 1,261 1,301 3.17% 3,408 3,236 - 5.05% TOTAL INFORMATION REQUESTS 4,610 4,469 - 3.06% 12,270 11,595 -5.50% 6 ON -LINE DATA BASE SEARCHES 18,729 11,446 - 38.89% 50,855 28,552 - 43.86% 7 COMMUNITY INFORMATION a) Database records created 9 8 - 11.11% 31 21 - 32.26% b) Database records updated 191 190 -0.52% 498 504 1.20% a) Events records created 137 180 31.39% 393 387 - 1.53% b) Events records updated 88 149 69.32% 297 332 11.78% 8 COMMUNITY SERVICES Programs & Tours a) Adult 24 26 8.33% 58 64 10.34% b) Children/Young Adult 58 65 12.07% 190 203 6.84% TOTAL PROGRAMS 82 91 10.98% 248 267 7.66% Attendance a) Adult 345 333 - 3.48% 766 688 - 10.18% b) ChildrenNoung Adult 1,898 1,799 - 5.22% 5,299 4,766 - 10.06% TOTAL ATTENDANCE 2,243 2,132 -4.95% 6,065 5,454 - 10.07% VISITS TO LIBRARY WEBSITE 9 (remote and in house) 214,632 340,740 58.76% 590,127 684,554 16.00% 10 COMPUTER RESERVATIONS 3,497 6,965 99.17% 14,758 17,727 20.12% 11 NEW ITEMS a) Adult 1,680 2194 30.60% 3,763 6,626 76.08% b) Children/Young Adult 1,186 2012 69.65% 2,454 6,705 173.23% Collection size 273,874 311,243 13.64% 273,874 311,243 13.64% 12 VOLUNTEER HOURS 969.25 962 -0.75% 2,662 2,673 0.39% 13 ROOM BOOKINGS 160 127 - 20.63% 460 378 - 17.83% Page 221 of 423 12d) - Orillia Public Library: Minutes of Meeting Held on Ma... ORILLIA PUBLIC LIBRARY BOARD MINUTES OF MAY 25, 2011 MEETING A regular meeting of the Library Board was held at the Library commencing at 7:00 p.m. PRESENT — BOARD — G. Guthrie, Chair; J. Rolland, Vice - Chair; D. Evans; R. Fountain; P. Hislop; L. Murray; P. Orser; A. Parsons; M. Seymour; P. Spears; R. Stevens STAFF - S. Campbell, Interim CEO K. Absalom, Director of Information Services D. Rowe, Director of Technical Services T. Chatten, Recorder ABSENT — none Disclosure of Pecuniary Interest and General Nature Thereof — none The Board expressed its congratulations to Jayne Turvey and all the staff for planning and attending an excellent Volunteer Appreciation Luncheon. CONSENT AGENDA The Director of Technical Services was asked to briefly explain the rotating multi - lingual collection as mentioned in the monthly report. The Director of Information Services was asked about the Better World books program. MOTION #2011:15 Moved by A. Parsons, seconded by P. Orser that the consent agenda of the May 25, 2011 meeting be adopted. CARRIED Appointment of a Timekeeper — none DISCUSSION AGENDA BUSINESS ARISING FROM THE MINUTES Fundraising Committee - Update — There has been no campaign leader selected to date, but service clubs could be considered as a candidate for campaign leaders. REPORTS OF BOARD COMMITTEES AND REPRESENTATIVES Policy Committee — The 500 and 200 sections of the Policy Manual are the main focus for updating at this time, and the addition of the City's Procurement/Tendering Policy. The next committee meeting will be held June 8, 2011. Page 222 of 423 12d) - Orillia Public Library: Minutes of Meeting Held on Ma... NEW BUSINESS SOLS Board — P. Hislop attended a meeting of the SOLS Trustee Council on behalf of the Board in Springwater on April 30. There were approximately 20 people in attendance from neighbouring libraries that received an overview of the SOLS website and discussed the duties /responsibilities of SOLS. The next meeting will be in Bradford on November 5, 2011. Ad Hoc Farmers Market Committee — P. Hislop reported that the committee met on May 20 and elected Linda Murray as Chair of the committee. The goal of the committee is to find a location for the Farmers Market that would be satisfactory to all parties, who were present for round -table discussion. The next meeting is June 3 where there will be detailed drawings of the Library /Market Square and surrounding parking in this area. Opening Day Collection Tender — The tender was sent out and was questioned as to the Library's impartiality as a member of Library Services Centre, which is one of the firms the tenders were sent to. It was challenged and sent to our lawyer who determined that the Library would not benefit and therefore was able to proceed. Tenders were not opened until after this ruling. The Booksellers Association has asked for a response regarding this query, to which the lawyer recommended that the Library do so with a copy to the lawyer. The CEO will write a letter. Provincial Grant — The Federation of Ontario Public Libraries is lobbying the government to increase funding and advocating on behalf of libraries. Libraries can apply for a portion of the $1.9 million to be used for designated projects. New Library /Cafe — L. Koughan spoke to the interim City Manager regarding a library board decision as to the use of the proposed cafe space. The Board recommends that this go to the Property Committee for further discussion. RFID — Five tenders were received and short- listed for further review. Staff members involved in the decision making process have visited other libraries and had demonstrations from different vendors, in order to make a recommendation within the next few weeks. Grants — As some of the supplemental items from the budget were not approved it was suggested that the library apply to the Cultural Strategic Investment Fund in order to hire a computer trainer, with some training documents to be made available for staff use. Adjournment at 7:50 p.m. BOARD CHAIR CHIEF EXECUTIVE OFFICER Page 223 of 423 12d) - Orillia Public Library: Minutes of Meeting Held on Ma... REPORT OF THE DIRECTOR OF CHILDREN'S YOUTH & AUDIO VISUAL SERVICES Submitted by Amanda Hodgkinson MAY 2011 Reference Goal Develop Methods of Measurement to evaluate the Effectiveness of Library Services and Programs Reference Questions Answered: 401 Early Literacy Computer Use: 67 Storytime Programs: 10 programs with 252 participants Other Programs: 3 programs with 123 participants. The number of reference transactions handled by Children's Services staff continues to remain steady in May, and Children's Services staff continues to work hard to provide service to all of our patrons. Programs Goal 2.1 Develop and maintain programs associated with identified groups. Early year's programs ended this month. Toddler Time and Babytime continued to be full for the entire session, and our preschool program was gaining participants as well. The programs were very well received and we had requests for the programs to be continued over the summer. Paws to Read continued to be offered over May with moderate attendance. We would like to take this program with us to the new location as it has been a successful partnership in the past that we would like to continue to develop. The Children's Services Staff this year decided to change the format of their summer readers club video and created a stop motion animation film based on superheroes. The movie will be brought to schools in June to promote our summer reading program. Outreach and Publicity Goal 4 The Library will advocate for increased public awareness of the value and range of library services. Amanda attended a meeting of the Safe Kids Committee, participated in the planning for the safety promotion during Safe Kids Week. The main activity planned as part of this week is a car seat clinic and passenger safety day involving the OPP. Grout) and School Visits Goal 2.7 Establish a mutually - beneficial presence in the school system. Semi -Battle for the round robin tournament of the Battle of the Books occurred on May 12. Teams from Harriet Todd, Regent Park, Notre Dame, East Oro, Uptergrove, Monsignor Lee, Warminster, St. Bernard's, Marchmont, Couchiching, and a home school team met for an all day round robin tournament on May 12. All participants had fun and worked hard at answering questions based on books. The Semi -Battle was held at St. Paul's United Church as the library does not have the space to accommodate over one hundred children plus teachers. Domino's Pizza generously donated pizza and the library provided vegetables and dip for lunch for all children participating in the semi - battle. After a hard fought battle the three teams to emerge Page 224 of 423 12d) - Orillia Public Library: Minutes of Meeting Held on Ma... victorious and move on to the Grand Battle were St. Bernard's, Notre Dame and the Home school team. The day was also made a success by the participation of staff from all departments of the library and the hard work Kelly put into organizing the competition. The Grand Battle was held on the evening of May 24th at St. Paul's Church. Parents, family and friends were all invited to watch this great tournament showcasing books and reading. The final results were very close; all teams were within a few points of each other with the Home School team crowned as the champions again this year. Boys and Girls Club Partnership Goal 7 The Library will investigate, develop and maintain partnerships in the community The Boys and Girls club hosted 21 programs this month at the library with 290 participants. It continues to be a valued service in the community and a beneficial partnership for the library. Lions Club Partnership The library would also like to thank the Friends of the library for helping us to acquire money donated from the Lions Club of Orillia to help fund our Summer Reading Club. The help and donation make our Summer Reading Club aid children in our community on a lifelong path of reading. Staff Development Goal 7 The Library will attract, develop and maintain a trained and educated workforce. We were successful in obtaining a nine week, half and half Summer Career Placement Grant which will be used in support of the summer Ready to Read program and the TD Summer Reader's Club. All staff and volunteers participating in the Battle of the Books met for a Breakfast meeting to review the rules, guidelines and questions. This year the Children's Services Department held a workshop for surrounding libraries called "Beyond the Eensy Weensy Spider" in which children's services staff get together to share and discuss ideas. 8 individuals from different libraries attended. YOUTH SERVICES Goal 2 The Library will create and maintain lifelong relationships with users. Programs Chic Chat met this month with 12 girls participating. The girls read "Seven tears into the sea" by Terri Farley. It was a pick they voted on at the Christmas meeting. There was a split in the voting, with some 2's and some 9's for an average of 7.3 Outreach and Publicity Goal 4 The Library will advocate for increased public awareness of the value and range of library services. The Library staff hosted a movie night at the Orillia Community Church as part of Youth week 85 people attended a showing of Gulliver's Travels. This was a great venue; it accommodates one hundred people and has an excellent sound system. Page 225 of 423 12d) - Orillia Public Library: Minutes of Meeting Held on Ma... REPORT FOR THE MONTH OF MAY 2011 by Director of Information Services Kelli Absalom GOAL 2: Create and maintain lifelong relationships with users: Volunteer hours for the month of May were 306.25. Jayne Turvey interviewed one high school student as a potential volunteer. She was accepted and will be working in the in the Children's Department. GOAL 3: Optimize and customize library services to our user groups: Jayne Turvey held two Lifescapes meetings in May with a total attendance of 19 people. The group is looking forward to their book launch, scheduled for June. Jayne held a meeting of the Genealogy Club with 25 members in attendance. Census, military and cemetery records were discussed. Michelle Sinclair created book displays and bookmarks on such topics as: Mother's Day, mental health and gardening. The Bookworms Book Club, led by Michelle Sinclair and Lynn Lockhart, met in May and 12 members participated in an animated discussion of "Between Sisters" by Kristen Hannah. Eleven people were provided with library materials in our Community Outreach program. Materials were also delivered to Victoria House and Birchmere Retirement Residence. The Orillia Big Read Committee met twice this month in preparation for the launch on June 71" Lynn Lockhart sent out two BookClub Sets this month The VMI 3500 Buffing unit was ordered and arrived in May. This machine repairs and maintains all optical media such as DVDs and CD's. Suzanne Campbell, Amanda Sist, Fred Marlow and I met with city staff to discuss the timeline for our website to be included on the city's new site. The new yearly rotating multilingual print collection arrived in May. This year we are carrying the following languages: Dutch, German, Chinese, Polish, Spanish and Italian The Biography collection project was completed in May. All of the Biographies are together in one collection and have now been assigned a "Biography" collection code. This ensures that patrons are able to find these items when searching in the catalogue. Thanks to Jennifer Murrant who worked so diligently on this project. Page 226 of 423 12d) - Orillia Public Library: Minutes of Meeting Held on Ma... GOAL 4: Advocate for increased public awareness of the value and range of library services: Jayne Turvey attended a Coffee Time Network meeting and promoted our library services to 25 people. Jayne gave a presentation on genealogy to a Senior's Group in Oro - Medonte. Jayne completed a library brochure which was handed out at the Library's display at the Downtown Orillia Sidewalk Sale. GOAL 5: Develop methods of measurement to evaluate the effectiveness of library services and programs: Reference Questions Answered 1815 Internet Use 1470 Wireless Use 163 Database Lo ins 1256 Home a e Visits 3183 Offsite materials retrieved for patrons 69 GOAL 6: Investigate, develop and maintain partnerships in the community: The Antiques & Heirlooms fundraising event was held Saturday, May 28'" at ODAS Park. Ten antique appraisers were on hand as well as six vendors. Some interesting pieces that arrived for appraisal were an Arthur Schilling painting, a first class brochure from the Titanic, and a terrestrial globe. A book sale was also held and the Friends of the Orillia Public Library ran a penny auction. The event raised approximately $1800. Thanks to Jayne for all her hard work along with all the staff, volunteers and Friends of the Orillia Public Library who participated in the planning and running of the event. Jayne met with Ron Funnell, General Manager of Sunshine Radio, to discuss possible partnerships with the library. Goal 7: Attract, develop and maintain a trained and educated workforce: Jayne Turvey attended the Ontario Genealogical Society conference in Hamilton. She participated in several informative workshops and classes such as researching, preservation of materials and online searching. This information will be beneficial to future Genealogy Club programs. Chantale Boileau attended a Simcoe County Human Library Committee Meeting at the Barrie Public Library. She also attended the Harbourfront Festival of Trees in Toronto. I attended a webinar on the new fee structure model for the Our Ontario Toolkit service. This is an online research tool that houses the Orillia history collection. Cost - recovery fees are being introduced as provincial funding requests were denied. There two plans being offered: a basic plan at an annual cost of $1800 and a "plus" plan at an annual cost of $3600. We will be opting for the basic plan. Page 227 of 423 12d) - Orillia Public Library: Minutes of Meeting Held on Ma... REPORT OF THE DIRECTOR OF TECHNICAL SERVICES MAY 2011 Cirri latinn The Circulation department took possession of a VM3500 Industrial Disc Repair and Maintenance Buffing Machine, purchase to fix and refurbish our DVDs. The DVD collection, although small, is very heavily used and subject to many more playing's than personally -owned DVDs. This machine will enable us to keep them in the collection longer. Several hundred DVDs were repaired and buffed in May. Circulation statistics remain strong for May, with an average of 833 items circulating per day. We are up over 8% from 2010 figures. Of the over 20,000 items that were borrowed in May, 2886 were DVDs. Systems In April we received 5 responses to our RFP for and RFID system. Alphabetically they were from: Bibliotheca -ITG, Libramation, MK Sorting Systems, 3M Canada, and Tech Logic. We formed a committee of Suzanne Campbell, Joyce Dempsey, Fred Marlow and I, to assess the proposals and select the best one for our needs. To aid our deliberations, we took field trips to the Richmond Hill Public Library and the Midland Public Library to see their systems. As of the month's end we had short listed 2 of the systems, with plans for further trips. Technical Processing Susan Dance has been working extra hours on the proposed "Opening Day Collection" for the new building. Her main focus is on the processing and cataloguing requirements for each of the various type of material, so they can be easily integrated into our collection. David Rowe Director of Technical Services Page 228 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of p IO GArL4{ Apr NOTTAWASAGA VALLEY CONSERVATION AUTHORITY r� BOARD OF DIRECTORS 05/11 MINUTES ®R11"fNG •��70 Date: Friday May 20, 2011 Location: The Utopia Hall, 8396 6th Line Utopia, Ontario LOM 1T0 PRESENT: Chair: Walter Benotto Town of Shelburne Vice Chair: Joan Sutherland Town of New Tecumseth left the meeting at 12:00 am. Past Chair: Fred Nix Town of Mono Members: Gail Ardiel Town of the Blue Mountains Nina Bifolchi Town of Wasaga Beach Mary Brett Township of Adjala - Tosorontio Daniel Davidson Town of Innisfil Earl Hawkins Township of Mulmur Ralph Hough Township of Oro - Medonte Brian Jackson City of Barrie Rob Keffer Township of Bradford West Gwillimbur Kevin Lloyd Town of Collin wood Bob Marrs Town of New Tecumseth Paul McQueen Municipality of Grey Highlands Perry Ritchie Township of Springwater Alicia Savage Township of Clearview Michael Smith Township of Essa (left the meeting at 11:00 a.m.) Rick Webster Township of Springwater Darren White Township of Melancthon Keith White Township of Essa Regrets: Mike Edwards Town of Collingwood Brent Preston Township of Clearview Percy Way Township of Amaranth NVCA STAFF PRESENT: Wayne R. Wilson, CAO /Secretary Treasurer Chris Hibberd, Director of Planning Barb Parreault, Senior Environmental Officer Byron Wesson, Director of Land Operations and Stewardship Services Fredd Dobbs, Manager of Stewardship Services Rick Grillmayer, Forester Shannon Stephens, Healthy Waters Coordinator Greg Bray, Supervisor of Lands Linda Raeburn, Environmental Education Coordinator Glenn Switzer, Director, Engineering and Technical Services Dave Featherstone, Manager of Watershed Monitoring Caleigh Culbine, Communications /PR Coordinator Recorder: Laurie Barron, Executive Assistant Page 229 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of... BOARD OF DIRECTORS MINUTES MEETING No: 05111 20 May, 2011 Page 2 of 4 1. CALL TO ORDER Chair Benotto called the meeting to order at 9:00 a.m. Chair Benotto introduced Susan Antler of the Bells Grist Mill Committee. Susan provided the board with an overview of the fundraising initiatives in the community in order to restore the Grist Mill. Susan thanked the board members for their continued trust in the Grist Mill Committee. 2. MOTION TO ADOPT AGENDA RES. #1 MOVED BY: Bob Marrs SECONDED BY: Mary Brett RESOLVED THAT: the agenda for the Board of Directors Meeting No. 05/11 dated 20 May, 2011 be adopted. Carried; 3. PECUNIARY INTEREST DECLARATION None noted 4. MINUTES 4.1 Minutes of the Board of Directors Meeting 04/11 dated 29 April, 2011. RES. #2 MOVED BY: Bob Marrs SECONDED BY: Daniel Davidson RESOLVED THAT: The Minutes of the Board of Directors Meeting 04/11 dated 29 April, 2011 be approved. Carried; 4.2 Draft Minutes of Nottawasaga Valley Source Protection Authority Meeting 01/11 dated 29 April, 2011. RES. #3 MOVED BY: Michael Smith SECONDED BY: Bob Marrs RESOLVED THAT: The Draft Minutes of the Nottawasaga Valley Source Protection Authority Meeting 01/11 dated 29 April, 2011 be received. Carried; 5. BUSINESS ARISING FROM MINUTES None noted. 6. BOARD MEMBER ORIENTATION • NVCA PLANNING PROGRAM Chris Hibberd, Director of Planning and Barb Perrault, Senior Environmental Officer presented the Planning and Regulations Program. • NVCA LAND OPERATIONS AND STEWARDSHIP SERVICES PROGRAM Byron Wesson, Director of Land Operations and Stewardship Services presented the Land Operations program. The Forestry, Stewardship and Environmental program orientation sessions were deferred to a future board meeting due to time constraints. Page 230 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of BOARD OF DIRECTORS MINUTES MEETING No: 05/11 20 May, 2011 Page 3 of 4 �3If_1 a 0:121191 Z4 k 7. IN CAMERA RES. #4 MOVED BY: Nina Bifolchi SECONDED BY: Keith White RESOLVED THAT: This meeting of the Board of Directors No. 05 -11 go "In- Camera" at 11:55 a.m. to address matters pertaining to: a proposed or pending acquisition/ disposition /leasing of land for Authority purposes; and, THAT: The following staff be in attendance: Wayne R. Wilson, B.Sc., Chief Administrative Officer /Secretary- Treasurer, Byron Wesson, Director of Land Operations and Stewardship Services, and Laurie Barron, Executive Assistant/Recorder. Carried; OUT OF IN- CAMERA RES. #5 MOVED BY: Alicia Savage SECONDED BY: Nina Bifolchi RESOLVED THAT: This meeting of the Board of Directors No. 05 -11, come out of "In- Camera" at 12:05 p.m. and report. Carried; RES. #6 MOVED BY: Bob Marrs SECONDED BY: Ralph Hough RESOLVED THAT: the Chair and CAO /Secretary- Treasurer be authorized to sign the land donation agreement for the Dunsmore property and that the NVCA continue to manage the property consistent with good forestry management practices, the Province's Managed Forest Tax Incentive Program and the wishes of the land owners. Carried; RES. #7 MOVED BY: Ralph Hough SECONDED BY: Bob Marrs RESOLVED THAT: one half ('/2) of the total costs for the appraisal of the Dunsmore property be financed through the NVCA land acquisitions reserve at a cost not to exceed $2,000. Carried; RES. #8 MOVED BY: Keith White SECONDED BY: Ralph Hough RESOLVED THAT: the Chair and CAO /Secretary- Treasurer be authorized to sign the necessary property agreements and title transfer to receive on behalf of the NVCA (from the Nature Conservancy of Canada consistent with the multi party Eastern Habitat Joint Venture Agreement) for the following properties: • Pat lot 18 Conc3 (14 acres) Township of Springwater • Part lot 14 Conc13 (80 acres) Township of Springwater Carried; Page 231 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of BOARD OF DIRECTORS MINUTES MEETING No: 05111 20 May, 2011 Page 4 of 4 8. REPORT OF THE DIRECTOR OF LAND OPERATIONS AND STEWARDSHIP SERVICES 8.1 Canadian Land Trust Alliance Eco Gift Grant RES. #9 MOVED BY: Gail Ardiel SECONDED BY: Kevin Lloyd RESOLVED THAT: NVCA staff deposit in the NVCA Land Acquisition Reserve fund the $4500 grant received from the Canadian Land Trust Alliance, to cover land appraisal, report writing and legal fees for a 2010 Eco Gift property acquisition; and, THAT: staff on behalf of the NVCA write a letter of thank you to the Canadian Land Trust Alliance for this financial support. Carried; 9. NEW OR UNFINISHED BUSINESS None noted 10. CORRESPONDENCE (a) Press Release from the Town of Mono dated May 10/11 re: purchase agreement to acquire property on Hockley Road adjacent to Island Lake Conservation Area. (b) The Township of Melancthon to NVCA dated May 4/01 re: Highland Companies extension request, with copy of a letter from the Minister of Natural Resources regarding the request. RES. #10 MOVED BY: Kevin Lloyd SECONDED BY: Gail Ardiel RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; FUTURE MEETINGS Board of Directors — May 27, 2011 ADJOURN RES. #11 MOVED BY: Mary Brett SECONDED BY: Bob Marrs RESOLVED THAT: This meeting adjourn at 12:11 p.m. to meet again at the call of the Chair. Carried; Walter Benotto, N.V.C.A. Chair Approved this 27`" day of May, 2011 Wayne R. Wilson, CAO /Secretary- Treasurer Page 232 of 423 p5AGq ¢ p4pSlDN qL �� Oo �� z� < des �,e Location: John 12e) - Nottawasaga Valley Conservation Authority, Minutes of NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS 06/11 MINUTES Date: Friday May 27, 2011 L. Jose Learning Centre, Tiffin Conservation Area, Utopia, Ontario PRESENT: Chair: Walter Benotto Town of Shelburne Vice Chair: Joan Sutherland Town of New Tecumseth Past Chair: Fred Nix Town of Mono Members: Gail Ardiel Town of the Blue Mountains Nina Bifolchi Town of Wasaga Beach Mary Brett Township of Adjala- Tosorontio Daniel Davidson Town of Innisfil Mike Edwards Town of Collin wood Earl Hawkins Township of Mulmur Ralph Hough Township of Oro - Medonte Brian Jackson City of Barrie Rob Keffer Township of Bradford West Gwillimbur Kevin Lloyd Town of Collin wood Bob Marrs Town of New Tecumseth Paul McQueen Municipality of Grey Highlands Brent Preston Township of Clearview Perry Ritchie Township of Springwater Alicia Savage Township of Clearview Michael Smith Township of Essa Percy Way Township of Amaranth Rick Webster Township of Springwater Darren White Township of Melancthon Keith White Township of Essa NVCA STAFF PRESENT: Wayne R. Wilson, CAO /Secretary Treasurer Susan Richards, Manager of Administration and Human Resources Caleigh Clubine, Communications /PR Coordinator Chris Hibberd, Director of Planning Patti Young, Senior Planner Byron Wesson, Director of Land Operations and Stewardship Glenn Switzer, Director of Engineering and Technical Services Ryan Post, Hydrogeologist /Source Protection Coordinator Laurie Barron, Executive Assistant /Recorder GUESTS: Allan Leibel, LL.B, Goodmans LLP. Louise Foster, MCIP, RPP, Walton Group Page 233 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of BOARD OF DIRECTORS MINUTES MEETING No: 06/11 27 May, 2011 Page 2 of 7 1. CALL TO ORDER Chair Benotto called the meeting to order at 9:00 a.m. 2. MOTION TO ADOPT AGENDA RES. #1 MOVED BY: Bob Marrs SECONDED BY: Daniel Davidson RESOLVED THAT: the agenda for the Board of Directors Meeting No. 05/11 dated 20 May, 2011 be adopted. Carried; 3. PECUNIARY INTEREST DECLARATION None declared. 4. MINUTES 4.1 Minutes of the Board of Directors Meeting 05/11 dated 20 May, 2011. RES42 MOVED BY: Daniel Davidson SECONDED BY: Bob Marrs RESOLVED THAT: The Minutes of the Board of Directors Meeting 05/11 dated 20 May, 2011 be approved. Carried; 5. BUSINESS ARISING FROM MINUTES None noted 6.1 Request for Planning Fee Reduction The Highland Companies Proposed Quarry Applications, Township of Melancthon Allan Leibel, LL.B, Goodmans LL.P (9:30 a.m. to 10:10 a.m.) Mr. Leibel presented a proposal to the Board of Directors for the Highland Companies to pay a base fee of $100,000 for review of the quarry application with a provision to review NVCA costs once the base fee has been exceeded in order to cover the NVCA `s review costs and overhead. Mr. Leibel left the meeting at 10:20 a.m. The Board of Directors recessed at 10:10 a.m. The Board of Directors reconvened at 10:20 a.m. Page 234 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of BOARD OF DIRECTORS MINUTES MEETING No: 06/11 27 May, 2011 Page 3 of 7 6.2 Request for Revised Review Fee Payment Walton Development and Management L.P. (WDM) Proposed Industrial Subdivision, Town of New Tecumseth (Alliston) Louise Foster, MCIP, RPP (10:20 a.m.) Ms. Foster presented a request to the Board of Directors to amend the current NVCA policy for charging fees to allow for an option to adjust fees based on the size of a site, complexity of application and the presence of environmentally sensitive features. Ms. Foster confirmed that phasing the scheduled fee between the draft subdivision stage and detailed site plan phase would be acceptable. Ms. Foster left the meeting at 10:55 a.m. The Board of Directors recessed at 10:50 a.m. The Board of Directors reconvened at 10:55 a.m. STAFF REPORTS 7. REPORT OF THE DIRECTOR OF PLANNING 7.1 Permits for Ratification for the period April 20, 2011 to May 18, 2011. RES. #3 MOVED BY: Bob Marrs SECONDED BY: Daniel Davidson RESOLVED THAT: The Permits /Approvals issued by staff for the period April 20, 2011 to May 18, 2011 be approved. Carried; 7.2 Request for Revised Review Fee Payment, Applicant: Highland Properties Proposed Quarry, Township of Melancthon RES. #4 MOVED BY: Darren White SECONDED BY: Percy Way RESOLVED THAT: staff use the current NVCA Fee Schedule approved November 28, 2008, for the Highland Quarry application and work with the applicant on satisfactory payment phasing as necessary; and THAT: Due to the unique and complex nature of the application a letter of credit or equivalent measure for the full amount of the current fee be used to secure the planning fees; and, FURTHERMORE: that a letter of credit or equivalent be drawn down as needed by the NVCA and any remnant funds after the project has been completed, subject to Board direction, be refunded; and, THAT: if NVCA costs exceed the amount of the fee, the NVCA reserves the right to charge additional review fees based on excess work. Unanimously Carried; Page 235 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of BOARD OF DIRECTORS MINUTES MEETING No: 06/11 27 May, 2011 Page 4 of 7 7.3 Request for Revised Review Fee Payment Applicant: Walton Development and Management Proposed Industrial Subdivision, Town of New Tecumseth (Alliston) RES. #5 MOVED BY: Darren White SECONDED BY: Mary Brett RESOLVED THAT: staff uses the current NVCA Fee Schedule (approved November 28, 2008) for the Walton Development Proposed Industrial Subdivision, Town of New Tecumseth application, and that staff continue to work with the applicant and the Town of New Tecumseth on developing a satisfactory payment phasing as necessary, which may include collecting a portion of the review fee during the site plan process. Carried; 8. REPORT OF THE MANAGER OF ADMINISTRATION & HUMAN RESOURCES AND THE COMMUNICATIONS /PR COORDINATOR 8.1 Communications Report — April 2011 RES. #6 MOVED BY: Percy Way SECONDED BY: Mary Brett RESOLVED THAT: The Communications report for April 2011 be received. Carried; 9. REPORT OF THE CAO /SECRETARY- TREASURER AND FINANCE ADMINISTRATIVE COORDINATOR 9.1 Financial Activity Report Summary: a) Accounts Receivable Summary — April 30, 2011 RES. #7 MOVED BY: Darren White SECONDED BY: Ralph Hough RESOLVED THAT: the Chair be authorized to approve the Accounts Receivable as at April 30, 2011 in the amount of $1,953,850.50 including Planning items of $363,558.57 Carried; b) Summary of Disbursements — April 30, 2011 RES. #8 MOVED BY: Mary Brett SECONDED BY: Percy Way RESOLVED THAT: the Chair be authorized to approve disbursements — April 30, 2011 in the sum of $300,619.98, including wages (net of withholdings) of $158,361.25 Carried; C) Statement of Operations for Period Ending 30 April 2011 RES. #9 MOVED BY: Alicia Savage SECONDED BY: Nina Bifolchi RESOLVED THAT: the Combined Statement of Operations Program Summary as at 30 April, 2011 be received. Carried; Page 236 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of BOARD OF DIRECTORS MINUTES MEETING No: 06/11 27 May, 2011 Page 5 of 7 10. REPORT OF THE CAO /SECRETARY - TREASUER 10.1 Highland Companies Quarry Application, Melancthon Township update. RES. #10 MOVED BY: Bob Marrs SECONDED BY: Brent Preston RESOLVED THAT: the CAO /Secretary Treasurer report entitled Highland Companies Quarry Application, Melancthon Township, Update dated May 27/11 be received for information; and, THAT: the Board appoint 3 Board members to sit on the Review Committee along with the CAO /Secretary Treasurer to complete the consultant selection process as per the Request for Proposal (RFP 1/2011) and provide their recommendation to the June 24th 2011 Board meeting for consideration. Carried; RES. #10(a) MOVED BY: Fred Nix SECONDED BY: Joan Sutherland RESOLVED THAT: Walter Benotto, Brent Preston and Paul McQueen sit on the Review Committee. Carried; 11. MOTIONS REQUESTED BY BOARD MEMBER 11.1 Nina Bifolchi, member representing the Town of Wasaga Beach (motioned received May 18/11). RES. #11 MOVED BY: Nina Bifolchi SECONDED BY: Alicia Savage WHEREAS: NVCA Board Members and Staff make decisions based on Provincial Legislation and Regulations, Memorandum Of Understandings with partner municipalities and agencies and NVCA Board approved policies; and, WHEREAS: the NVCA Board recognizes the importance of each Board Member clearly understanding our role, responsibility and policies of the NVCA and how they affect not only the watershed but our communities and private land owners; therefore, BE IT RESOLVED that due to the number of new NVCA Board members this term and the time limitations of monthly meetings, the Board of Directors hereby approves the creation of a sub - committee of up to seven (7) NVCA Board Members who currently do not hold a "title" position on the Board including: Nina Bifolchi, Town of Wasaga Beach; Alicia Savage, Township of Clearview; Earl Hawkins, Township of Mulmur; Perry Ritchie (alternate: Rick Webster) Township of Springwater; and, FURTHER THAT: this subcommittee without additional remuneration will review the CALC Report, 3rd Party Review and any other Board approved policy, guideline, regulation, plan or MOU, meet with NVCA staff to gain answers where required and bring back findings and recommendations to their fellow Board Members; and, Page 237 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of BOARD OF DIRECTORS MINUTES MEETING No: 06/11 27 May, 2011 Page 6 of 7 FURTHER THAT: any Board Member not sitting on the Sub - Committee may still forward questions, concerns and comments they wish addressed within the review and said sub- committee will ensure answers are provided in their report to the Board; and, THAT: this sub - committee will present an initial report of progress to date at the Friday September 23, 2011 NVCA Board meeting. Motion Defeated; Discussion ensued. The Board of Directors agreed to sit as a whole to review the responsibilities and policies of the NVCA and recognized the importance of each board member clearly understanding their role. The Chair proposed that an extra meeting on the third Friday of each month be scheduled to provide further board member orientation. The next meeting will be scheduled for June 17/11. 12. REPORT OF THE DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES AND THE HYRDROGEOLOGIST /SOURCE PROTECTION COORDINATOR. 12.1 NVCA Groundwater Management Plan RES. #12 MOVED BY: Daniel Davidson SECONDED BY: Rob Keffer WHEREAS: staff have developed the NVCA Groundwater Management Plan to coordinate current groundwater management practices; and, WHEREAS: the Draft Groundwater Management Plan incorporates input received from the NVCA watershed municipalities in 2010; therefore, BE IT RESOLVED: that the Board of Directors endorse the NVCA Groundwater Management Plan; and, FURTHER THAT: staff implement the groundwater management actions through the Business Plan, subject to budget approval. Motion Tabled (to June 24/11) 13. NEW OR UNFINISHED BUSINESS None noted 14. NOTICE OF MOTION None presented 15. CORRESPONDENCE (a) Blue Mountain Watershed Trust dated Apr 18/11 to MNR Aggregate Inspector re: The Highland Companies Proposed Aggregate Application. Page 238 of 423 12e) - Nottawasaga Valley Conservation Authority, Minutes of BOARD OF DIRECTORS MINUTES MEETING No: 06/11 27 May, 2011 Page 7 of 7 (b) The Town of New Tecumseth to NVCA CAO /Secretary- Treasurer dated Apr 20/11 re: Resolution regarding Walton Development application for plan of subdivision - review of NVCA planning fees. (c) Letter to the Town of New Tecumseth from NVCA CAO /Secretary- Treasurer dated May 13/11 re: response to Resolution regarding Walton Development application for plan of subdivision - review of NVCA planning fees. RES. #13 MOVED BY: Kevin Lloyd SECONDED BY: Mike Edwards RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; FUTURE MEETINGS Board of Directors - June 24, 2011 — 9:00 a.m. Nottawasaga Valley Source Protection Authority — 11:00 a.m. ADJOURN RES. #14 MOVED BY: SECONDED BY: RESOLVED THAT: This meeting adjourn at 12:28 p.m. to meet again at the call of the Chair. Carried; Walter Benotto, N.V.C.A. Chair Approved this 17`" day of June 2011 Wayne R. Wilson, CAO /Secretary- Treasurer Page 239 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of Region BOARD R BOARD OF DIRECTORS' MEETING eglon Authority tttton NO. BOD -04 -11 - Friday May 27th, 2011 Autho LSRCA Boardroom NEWMARKET, ON Board Members Present: Mayor V. Hackson, Chair Regional Councillor B. Drew, Vice -Chair Councillor M. Baier Regional Councillor J. Ballinger Regional Councillor D. Bath Mr. E. Bull Councillor G. Campbell Councillor P. Craig Mayor G. Dawe Councillor A. Eek Councillor K. Ferdinands Mayor R. Grossi Councillor B. Haire Councillor D. Kerwin Councillor J. O'Donnell Councillor B. Ward Regrets: Councillor M. Coutanche Councillor D. Crake Mayor A. Orsi MINUTES W Y V // ,q5 Proud Pastt - F ocused Future Staff Present: D. G. Wood, Chief Administrative Officer B. Kemp, General Manager, Conservation Lands J. Lee, General Manager, Corporate & Financial Services M. Walters, General Manager, Watershed Management R. Jarrett, General Manager, Communications & Education R. Baldwin, Director, Planning & Development Services B. Booth, Manager, Planning, Regulations and Enforcement K. Yemm, Manager, Corporate Communications G. Peat, Manager, GIS /IT (item V (b)) D. Campbell, Coordinator, GIS (item V (b)) J. Bennett, GIS Project Specialist (item V (b)) Michael Dennis, Systems /GIS Analyst (item V (b)) Sam Hirji, Network Administrator /Database Technician (item V (b)) G. Casey, Coordinator, Board /CAO, Projects and Services Guests: Mr. T. Taylor, Neighbourhood Network Mr. T. Jones, Neighbourhood Network Mr. J. Crowell, Neighbourhood Network /Magna Corp. Mr. J. Holland, Resident of the City of Barrie I. DECLARATION OF PECUNIARY INTEREST None indicated for the record of this meeting. II. APPROVAL OF THE AGENDA The Chair advised that, at the request of the applicants the Hearings scheduled on this agenda as items VII (a) and (b) are being deferred. Moved by: R. Grossi Seconded by: E. Bull BOD -73 -11 RESOLVED THAT the content of the Agenda for the May 27`h, 2011, meeting of the Board of Directors be approved as amended, deferring items VII (a) and (b). CARRIED III. ADOPTION OF THE MINUTES (a) Board of Directors Moved by: B. Drew Seconded by: B. Haire BOD -74 -11 RESOLVED THAT the minutes of the Board of Directors Meeting No. BOD -04 -11 held on April 22nd, 2011, be adopted and approved as printed and circulated. CARRIED Page 240 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -05 -11 May 27th, 2011 — Minutes Page 2 of 8 (b) Conservation Ontario Council Moved by: P. Craig Seconded by: J. O'Donnell BOD -75 -11 RESOLVED THAT the minutes from the April 18`h, 2011, meeting of Conservation Ontario Council be received for information. CARRIED IV. ANNOUNCEMENTS (a) Commemorative Artwork— LSRCA's 60th Anniversary The CAO advised that the Lake Simcoe Conservation Foundation commissioned artist Nigel Shaw who painted a stunning original of a Northern Saw -whet Owl. To commemorate the LSRCA's 60th Anniversary and in recognition and thanks to all our watershed partners, one print will be presented to each of our watershed municipalities at a Council meeting during 2011. V. PRESENTATIONS (a) Neighbourhood Network Mr. Tom Taylor, Mr. Tim Jones and Mr. John Crowell of Neighbourhood Network were in attendance and on behalf of Neighbourhood Network Mr. Taylor presented the Authority with a Certificate of Appreciation in recognition of the assistance provided at their second annual tree planting event held on May 17th. Approximately 2,600 trees were planted in Aurora, Newmarket and East Gwillimbury (combined). Special thanks and recognition was extended to LSRCA staff Phil Davies, Christa Sharp, Paul Cottenden and Dave Price who were instrumental in the successful organizing and planting of the trees with volunteers from area schools. Mr. Taylor announced that for the third annual event to be held in 2012 event their target will be to plant 3,000 trees. Mr. Jones added that this is a great collaborative effort which involved many area students who will see the results of their efforts in years to come as they watch these trees grow. Mr. Crowell, on behalf of Magna Corporation, advised they are very proud to be involved in this partnership and are very supportive of the work of the LSRCA. The CAO shared that in early May 2011, Mr. Crowell presented a $10,000 donation to the Lake Simcoe Conservation Foundation from the Magna Corp. Page 241 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -05 -11 May 27th, 2011 — Minutes Page 3 of 8 (b) LSRCA GIS /IT Team The CAO announced that the LSRCA's GIS /IT Team were the recipients of the Innovation Award. This is an award which is presented by their peers from other Conservation Authorities in Ontario and was presented in recognition of the work done on the Property Information database. This database is a tool which is utilized by the Authority's Planning and Regulations staff when completing applications for permits which provides for a more efficient process resulting in improved client service delivery. Chair Hackson, on behalf of the Board, congratulated the team for their great work on this very useful and impressive tool. VI. DEPUTATIONS There were no Deputations scheduled for this meeting. VII. HEARINGS (a) Mr. George Antonopoulos Lot 19 & 20, Concession 8 20331 Highway #48 & 5407 Queensville Sideroad Town of East Gwillimbury (b) Mr. Chris Antonopoulos Lot 18, Concession 8 20091 Highway #48 Town of East Gwillimbury The Director, Planning and Development Services advised that following the site visit with the applicants held on Friday, May 20th, 2011, the applicants requested to have the Hearings deferred pending the Ministry of Natural Resources(MNR) re- staking their property to define the accurate boundaries of the existing wetland(s). Staff will assist with getting MNR out to their property and, once the staking is complete, staff will re- assess their applications for permits. VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2(b) (d) and 9 were identified for separate discussion. Page 242 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -05 -11 May 27th, 2011 — Minutes Page 4 of 8 IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: D. Kerwin Seconded by: E. Bull BOD -76 -11 RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board and staff be authorized to take all necessary action required to give effect to same. CARRIED 1. Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation 179/06 BOD -77 -11 RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 179/06 be received. 2. Correspondence BOD -78 -11 RESOLVED THAT the correspondence listed in the May 27`h, 2011, agenda as items 2 (a and (c) be received for information. 3. Monthly Communications Update BOD -79 -11 RESOLVED THAT the Monthly Communications Update — Summary, for the period April 1 to 30, 2011, be received for information. 4. Budget Status Report BOD -80 -11 RESOLVED THAT Staff Report No 36- 11 -BOD regarding the Authority Budget Status for the four month period ending April 30 2011, be received. 5. Detailed Report on Reserves BOD- 81 -11: RESOLVED THAT THAT Staff Report No. 37- 11 -BOD entitled, "LSRCA Reserve Descriptions Report ", be received for information. 6. Proposed Draw on Vehicle Reserve BOD- 82 -11: RESOLVED THAT Staff Report 38- 11 -BOD regarding a proposed appropriation from the vehicle and equipment reserve be received; and FURTHER THAT the Board of Directors approve this proposed appropriation in 2011. 7. MNR Monitoring Requirements for Conservation Authorities Act Section 28 Permit Applications — First Quarter Results BOD -83 -11 RESOLVED THAT Staff Report 39- 11 -BOD regarding the first quarter monitoring results (January 1 through March 31, 2011) in association with the MNR monitoring requirements for Conservation Authorities Act Section 28 Permit Applications be received for information. Page 243 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -05 -11 May 27th, 2011 — Minutes Page 5 of 8 8. Partnership Memorandum —Planning Services with Regional Municipality of Durham and the Conservation Authorities BOD -84 -11 RESOLVED THAT Staff Report 40- 11 -BOD regarding the Partnership Memorandum for Planning Services between the Regional Municipality of Durham and the Conservation Authorities: Central Lake Ontario Region Conservation Authority (CLOCA), Toronto and Region Conservation Authority (TRCA), Lake Simcoe Region Conservation Authority ( LSRCA), Ganaraska Region Conservation Authority (GRCA) and Kawartha Region Conservation Authority (KRCA) be approved; and FURTHER THAT the LSRCA's Chair and Chief Administrative Officer be authorized to sign the Memorandum of Understanding. IX. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2(a) Correspondence— Urbanization & Regulatory Flood Hazard The Board requested clarification related to the correspondence included in the agenda issued by Conservation Ontario to the Ministry of Natural Resources(MNR). The purpose of the correspondence is to request that the Province provide specific direction on how to address the flood impacts which are occurring as a result of the urbanization. The CAO advised that Conservation Ontario is concerned with urbanization in relation to climate change and the increase in flood events in urban areas and believes this to be a very important issue that needs to be in front of MNR to be addressed. The General Manager, Watershed Management added that the current regulation is outdated and need to be updated including changes to the guidelines. 2(b) Correspondence — Ministry of Municipal Affairs and Housing — Septic Inspections The Board requested clarification related to the correspondence included in the agenda issued by the Ministry of Municipal Affairs and Housing regarding the amendment to Building Code 350/06 by Ont. Reg. 315/10. The General Manager Conservation Lands advised that the LSRCA will not be undertaking mandatory inspections but will continue to work with landowners to repair /replace their systems. LSRCA are approaching this task from a more proactive angle and providing funding assistance to landowners where available under the Landowners Environmental Assistance Program (LEAP). Page 244 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -05 -11 May 27th, 2011 — Minutes Page 6 of 8 The General Manager, Watershed Management reminded the Board that under the Lake Simcoe Protection Plan, septic re- inspections will be regulated and municipalities will be required to undertake this process for properties within 200m of the Lake. There will be opportunity for the LSRCA to work with municipal partners however the firm timelines for implementation is required from the Province in relation to when these inspections are to be done /completed. Moved by: D. Kerwin Seconded by: M. Baier BOD- 85 -11: RESOLVED THAT the correspondence listed in the May 27`h, 2011 agenda as items 2 (b) and (d) be received. CARRIED 9. Canadian Heritage Lake — Lake Simcoe Proposal The Board dealt with Staff Report No. 41- 11 -BOD which provides an update related to the Canadian Heritage Lakes — Lake Simcoe Proposal. The Board requested information /direction in regard to the letter received by their municipal Clerks which will be dealt with by their respective Councils. The CAO advised that the individuals coordinating this initiative, the authors of the letter, are only asking that the letter be received by your Council. This is the first step to get this information out to all area municipalities. A number of the LSRCA Board Members expressed concern with Lake Simcoe being designated as a Heritage Lake. There is question as to the related value of the "Heritage" designation and the potential that this will result in further impediments and /or another level of bureaucracy. The importance of Lake Simcoe is already recognized by the Federal, Provincial, Municipal governments as well as by the community. The CAO advised that while this may be the perception, to her knowledge the designation will not be another level of bureaucracy nor is it a regulation. There is no such designation for a Lake in Canada as this has always been used to designate rivers as "Heritage ". Councillor Baier shared that the purpose of this Heritage designation is to further engage the public to get involved and do their part to protect Lake Simcoe. It is not for the purpose of creating another regulation for the Lake. The CAO advised that there is a intention to host public /municipal information sessions where questions can be asked and concerns addressed in relation to the background and future implications of this designation, if it is approved. Page 245 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -05 -11 May 27th, 2011 — Minutes Page 7 of 8 Moved by: D. Kerwin Seconded by: M. Baier BOD- 86 -11: RESOLVED THAT Staff Report 41- 11 -BOD which provides an update related to the Canadian Heritage Lakes — Lake Simcoe Proposal, be received for information. CARRIED XI. OTHER BUSINESS (a) Golf Club —Newmarket The Board received an update on a violation notice issued to a golf club located in Newmarket and were advised that a representative from this golf club may be contacting Board Members to discuss this matter. Members were cautioned to refrain from discussing the matter with the applicant to avoid a potential bias /conflict should this matter come before the Board to be resolved. (b) Peat Farmers of Ontario In response to an inquiry from a Member of the Board, the CAO reviewed the issues and concerns related to the Peat Farmers of Ontario in correlation with the protection of Provincially Significant Wetlands. Staff will provide a detailed Staff Report at a future meeting of the Board. Moved by: J. O'Donnell Seconded by: D. Kerwin BOD -87 -11 RESOLVED THAT staff provide a report at a future meeting of the Board regarding past discussions and the position of the LSRCA in relation to peat harvesting within the Lake Simcoe watershed. CARRIED (c) Town of Aurora —Aurora Historical Society Mayor Geoff Dawe extended thanks to Authority staff for meeting with himself and members of the Aurora Historical Society (AHS) advising that this was a very productive meeting and the concerns of the AHS were addressed and resolved. (d) Tentative Agreement Between Canada and First Nations Over Coldwater Narrows Mayor Grossi advised that a tentative agreement between Canada and the First Nations over the Coldwater Narrows has been reached. Four First Nations have agreed to vote on an offer from the Canadian Government for the Coldwater Narrows Land Claim. Canada tabled a settlement offer to the Chippewa's of Rama, the Chippewa's of Georgina Island, the Beausoleil First Nation and the Chippewa's of Nawash. The proposed settlement includes about $307 million (M) in compensation to resolve the claim and it will take the approval of members from all four First Nations to resolve. The claim stems from events that occurred over 170 years ago. (from website of Moose FM — Parry Sound) Page 246 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -05 -11 May 27th, 2011 — Minutes Page 8 of 8 Staff will prepare a Staff Report on this issue identifying if this has any impact on Lake Simcoe. (e) Source Protection Planning — Workshop Chair Hackson advised that she attended the workshop held in Orillia and advised it was an exceptional event and very informative and further advised that the session is now available via webinar at http: / /www.ourwatershed.ca /workshops.php encouraging members to view the site. (f) Upper York Sewage Solutions (UYSS) The CAO advised the Board that they will be receiving a presentation from York Region's Consultant in relation to the UYSS at the June 24th Board meeting. In response to the speculation that the LSRCA has taken a position on this issue, the CAO advised that the LSRCA has not taken a position. Staff have not as yet seen /reviewed the technical reports on this initiative and, until such time as this is done and the Board receives all information along with a detailed Staff Report, the LSRCA will not be taking a position. ADJOURN Meeting adjourned at 10:55 a.m. on a motion by D. Kerwin. Original signed by: Original signed by: Mayor V. Hackson D. Gayle Wood, cmm III Chair Chief Administrative Officer Page 247 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of... Region Conservation ,Authority Announcements: Meeting -Highlights June 24t" 2011 Municipal Council Presentations • The CAO advised that she has presented the Authority's 60th Anniversary commemorative print of the Northern Saw -whet Owl, by artist Nigel Shaw, to the Councils of: Township of'i Brock; Town of Georgina; Town of East Gwillimbury; Town of Newmarket; Town of Wh itch urch- StouffviIle and the Township of King(June 27th). The presentations will continue in September and will include all watershed municipalities, upper and lower tier. M LSRCA Annual Conservation Awards • The Board was reminded to look within their Mayor Rob Grassi, Town of Georgina and Gayle Wood, CAO, respective communities and submit nominations LSRCA (Staff photo /HeidiRiedner— taken from vorkreaion.com) for the Authority's Annual Conservation Awards. An information package with nomination forms were emailed to all members — nominations are to be submitted by July 29th. 2011. • The Conservation Awards Night will be held at Madsen's Greenhouse — Newmarket, on October 27th 2011. Township of Oro - Medonte • Councillor Mel Coutanche extended thanks to the General Manager, Watershed Management and his staff for attending a meeting at the Township of Oro - Medonte regarding Economic Development. Presentations: Oak Ridges Moraine Foundation • The Board received a presentation from Lisa Turnbull, Program Manager, Oak Ridges Moraine Foundation entitled "Measuring Successes on the Oak Ridges Moraine ". • More information can be found at www.ormf.com Upper York Sewage Solutions (UYSS) • The Board received a presentation from Daniel Kostopoulos, Director, Capital Planning and Delivery, York Region and Heather Brewer of Conestoga Rovers & Associates. • The presentation was in relation to the technology and the innovation related to the UYSS. • For more information please visit www.uyssolutions.ca /en/ 120 Bayview Parkway Box 282, Newmarket, Ontario L3Y 4X1 44,951-2077 Tel: 905.895.1281 1.800.465.0437 Fax: 905.853.5881 E -Mail: Info @lsrca.on.ca Web: www.lsrca.on.ca Proud Past • Focused Future Page 248 of 423 12f) - Lake Simcoe Region Conservation Authority, Minutes of LSRCA Board of Directors Meeting Highlights —June 24th, 2011 Page 2 of 2 Lakeridge Citizens for Clean Water • The Board received a presentation from Carmela Marshall on behalf of the Lakeridge Citizens for Clean Water. The presentation, which was included with the agenda, was in relation to large scale fill operations within CA regulated areas. The Board directed staff to prepare a Staff Report responding to the concerns identified in Ms. Marshall's presentation. Staff Reports 2012 Budget Assumptions The Board dealt with and approved Staff Report No. 44- 11 -BOD regarding the Authority's 2012 Budget Assumptions. Councillor O'Donnell expressed his support of staff receiving their annual Cost of Living Adjustment (COLA) however will be putting forward, when the time comes, that he does not support those staff earning in excess of $100,000 annually receiving a COLA. General Manager, Corporate and Financial Services responded that this recommendation may be in conflict with the Pay Equity Act. Peat Farming Operations — Lake Simcoe Watershed The Board received Staff Report No. 44- 11 -BOD which provided background information related to Peat "Farming" Operations in the Lake Simcoe Watershed and the Authority's position in this regard. Regional Councillor Ballinger thanked staff for this report which proved very helpful in providing information on this matter. Orillia Creeks & Talbot River Hydrology Study The Board dealt with Staff Report No. 47- 11 -BOD approving the recommended consultant, Cole Engineering Group Ltd., to undertake the work as identified in the Staff Report. International Thiess Twinning Partnership The Board received Staff Report No. 49- 11 -BOD and approved the signing of the Letter of Intent for the twinning partnership with Mexico in relation to the Ayuquila River study area. LSRA Draft Strategic Plan — 2011 -2014 The Board received Staff Report No. 50- 11 -BOD and approved the Authority's Goals and Objectives as outlined in the Staff Report. Fall 2011 - Education Fee Schedule The Board received Staff Report No. 51- 11 -BOD and approved the proposed increase to the Fall 2011 Education Fee schedule for the education day - program delivered at Scanlon Creek Conservation Area — Education Centre. Other Business (a) August 26th Board Meeting Cancelled The Chair announced that the Board will not be meeting in August 2011 as previously scheduled. Page 249 of 423 12g) - Memorandum of Oral Decision delivered by C. Hefferon ... ISSUE DATE: N June 10, 2011 PL101003 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario Vera Cameron Van Amelsvoort has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Township of Oro — Medonte to redesignate lands at West Half of Part Lot 2, Concession 8 (formerly Oro Township) from Rural to Rural Exception and provide for a site specific OP policy to permit the severance of the property into two lots for future residential use Township's File No: 2010- OPA -01 OMB Case No: PL101003 OMB File No: PL101003 APPEARANCES: JUN 1 42011 Parties Counsel ORO- MEDONTE TOWNQ"IP Vera Cameron Van Amelsvoort Township of Oro - Medonte J. Johnson MEMORANDUM OF ORAL DECISION DELIVERED BY C. HEFFERON ON MARCH 29, 2011 AND ORDER OF THE BOARD Background Vera Cameron Van Amelsvoort appealed the July 14, 2010 decision of the Township of Oro - Medonte ( "Township ") Council refusing her application to re- designate her 1.98 ha parcel of land located on Line 7N about 350 metres south of Horseshoe Valley Road West ( "subject lands ") from "Rural" to "Rural Exception ". The Board was told that the purpose of the application is to facilitate Ms Cameron Van Amelsvoort's proposal to subdivide the subject lands into two approximately equal parcels. Ms Cameron Van Amelsvoort's Position Ms Vera Cameron Van Amelsvoort ( "appellant ") informed the Board that she and her husband purchased the subject lands in June 2009 with the intention of building what she and her husband, Frank, described as their "retirement home ". Mr. Frank Page 250 of 423 12g) - Memorandum of Oral Decision delivered by C. Hefferon ... - 2 - PL101003 Cameron Van Amelsvoort testified on behalf of himself and the appellant. He explained that he has a background in home building and land development. He testified that in September 2009 shortly after taking possession of the subject lands, Horseshoe Valley Paintball Park ( "HVPP ") was opened on an 80 acre adjacent property on Line 7N. The Cameron Van Amelsvoorts complained to the Township authorities about the noise and commotion from the paintball park and succeeded in the summer of 2010 in having HVPP's operating agreement with the Township "revoked ". Mr. Cameron Van Amelsvoort testified that the paintball park continued, however, to oper4fe' for the remainder of 2010. Although it is now closed for the winter, Mr. Cameron Van Amelsvoort told the Board that they have "not received any assurance" that HVPB -will not resume operation in the spring. `` ,He', testified that because of the existence of the paintball park and the fact that he and his wife have not received any reassurance that HVPP will not continue in operation in the future, they have decided that they do not want to build their retirement home on the subject lands and have chosen instead to subdivide and then sell the property. The Township's Position The Township's position is that subdivision of the subject lands is prohibited by the official plans of both the Township and Simcoe County as well as by Provincial policy as embodied in the Provincial Policy Statement 2005. The Township is therefore opposed to the proposed re- designation of the subject lands from Rural to Rural Exception, which re- designation is designed to facilitate subdivision of the subject lands. Evidence & Analysis Ms A. Leigh, whom I qualified to provide opinion evidence on land use planning, is employed as a land use planner with the Township. She pointed out that the subject lands are designated for "Rural" uses in the official plans of both the Township and Simcoe County. She testified that subdivision of the subject lands is prohibited by the official plans of both the Township and Simcoe County. Page 251 of 423 12g) - Memorandum of Oral Decision delivered by C. Hefferon ... - 3 - PL101003 Section C2.3.1 of the Township of Oro - Medonte Official Plan ('TOP ") states that only one new lot can be severed from a lot designated Rural that has an area of at least 36 ha or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26, 1973. Ms Leigh testified that the subject lot was created by consent in December 2002, which would disqualify it from further subdivision. The purpose of establishing a minimum lot size requirement of 36 ha is two -fold: first, to protect rural and agriculture lands for agriculture uses into the future, and second, to encourage residential development in designated settlement areas, which can be more efficiently provided with municipal services. Ms Leigh testified that there are several settlement areas within the Township including. one located within about a kilometre of the subject lands. Section A2.6.1 of the TOP reads: It is the goal of this Plan to direct most forms of residential development to settlements where full sewer and water services are available or can be made available in the future. Section A2.6.2 of the TOP reads: (A strategic objective is) To prohibit the development of new residential subdivisions outside the settlements. Section 3.6.5 of the Simcoe County Official Plan ( "SCOP ") reads: Until such time as a local municipal official maps "prime agricultural areas ", the land use policies for prime agricultural areas shall apply throughout the Rural and Agricultural designation in that municipality. The Board was informed that the subject lands are designated Rural in the TOP. Hence, the restrictive policies that apply to prime agricultural lands also apply to the subject lands. Section 3.6.6 of the SCOP reads: Prime agricultural lands will be protected for agricultural and compatible uses.... New lots for agricultural uses should generally not be less than 35 ha or the original survey lot size, whichever is lesser.... Page 252 of 423 12g) - Memorandum of Oral Decision delivered by C. Hefferon ... - 4 - PL101003 The Board was told that the "original survey lot" is 1.98 ha in area and even though it is less than 35 ha in area still qualifies as a lawful residential lot under the SCOP. Provincial policy prohibits residential uses on lands designated for rural and agricultural uses, beyond farm homes for farm operators and retirement homes for farm owners. Policy 2.3.4.1 of the PPS reads: Lot creation in prime agricultural areas is discouraged and may only be permitted fo r: agricultural uses, provided that the lots are of a size appropriate for the type of agricultural uses common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations. Provincial policy currently specifies that new lots in prime agricultural areas must be at least 40 ha in area. The subject lands are also located on a haul route for a gravel pit operation on Line 7N a few kilometres south of the subject lands. Ms Leigh testified that although Line 7N is identified as a "limited haul route" which means that it is used less frequently than a "haul route ", the creation of new residential lots on haul routes — limited or otherwise — within lands designated Rural is prohibited by section C12.4.6 of the TOP. Exhibit 3 shows both Township Haul Routes and Township Haul Routes (limited) in the Township of Oro - Medonte. Finally, Ms Leigh took the Board to subsection 51(24) of the Planning Act, which reads: In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to: the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2 (of the Planning Act). Section 2 of the Planning Act reads: The Minister, the council of a municipality, a local board, a planning board and the Ontario Municipal Board, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of Provincial interest such as, Page 253 of 423 12g) - Memorandum of Oral Decision delivered by C. Hefferon ... - 5 - PL101003 the protection of the agricultural resources of the Province (p) the appropriate location of growth and development. While the appellant clearly demonstrated that the subject lands no longer fit into their long term plans, they did not offer any land use planning evidence for the Board to consider in its deliberations. The Township, on the other hand, offered what I find to be good land use planning reasons why the subject lands should not be re- designated from Rural to Rural Exception. I therefore adopt and rely on the opinion evidence of Ms Leigh. General Finding After consideration of all of the evidence, I find that the proposed re- designation to Rural Exception violates the relevant provisions of the Planning Act (particularly subsections 2.b and 2.h) as well as the intent and purpose of the PPS, the SCOP and the TOP. Disposition & Order The Board Orders the appeal of Ms. Cameron Van Amelsvoort is dismissed. So Orders the Board. "C. Hefferon" C. HEFFERON MEMBER Page 254 of 423 12h) - Correspondence dated June 14, 2011 from Hans Meyer, D... DCM Self Storage 1500494 Ontario Inc. June 14, 2011 To: Mayor Harry Hughes To: Councillors of Oro - Medonte Township Hwy. #12 West 8980 (Prices's Corners) Orillia, ON L3V 61-12 Tel: (705) 325 -6466 Fax: (705) 327 -6854 dcroselfstorage @rog ers. corn www.dcmselfstorage.com We are writing to you with regards to the Rental Data Request. We are very much opposed to this method of taxation. The taxes charged should be on the value of the property and buildings, not on the income approach. Our income tax laws address that already. We are told by MPAC that we will be fined if we do not complete this information. We have always complied with the law, but feel this method of taxation is totally unfair. Last year our rates increased due to the 13% HST. We have not increased our rates for 5 years, (since we opened) yet our taxes and operating costs are skyrocketing. Our provincial government and MPAC are making it more difficult for small business to operate. Small business is the backbone of our economy. Allow small business and all business to be successful and governments will automatically get their share of taxes. Hans Mey Self Storage Owner Operator, Ontario outside units plus heated inside units available Page 255 of 423 12i) - Correspondence dated June 16, 2011 from Sean Billing,... r� HORSESHOE RESORT June 16, 2011 Township of Oro - Medonte 148 Line 7 South, Box 100 Oro, ON LOL 2X0 Attention: Mr. Shawn Binns Dear Mr. Binns: JUN 2 -9 2011 ORO- MEDONTE I am writing in thanks to you and the Council for your continued support of the Canada Day program here at Horseshoe Resort. Your generous contribution greatly assists the success of this annual event and enhances the opportunity for our community to come together in celebration. On a personal note, I am looking forward to hosting this for the first time in my new role here at the Resort. All the very Sean Billing I General Manager Horseshoe Resort 1101 HORSESHOE VALLEY ROAD - COMP 10, RR #1, BARRIE, ONTARIO, CANADA -4M 4Y8 TORONTO DIRECT: (416) 283 -2988 BARRIE, ORILLIA, MIDLAND: (705) 835 -2790 EMAIL: maii@HorseshoeResort.com FAX #: (705) 835 -6352 WEBSITE: www.HorseshoeResort.com Page 256 of 423 12j) - Correspondence dated June 16, 2011 from Cate Root, Ho... . 54�CE SI�� 336 Penetanguishene Road R.R. # 1 Barrie, ON L4M 7C2 w Phone 705.722.5995 Fax 705.722.0716 o �frt� THE cta� °� info @hospicesimcoe.ca www.hospicesimcoe.ca June 16, 2011 Harry Hughes JUL 0 4 2011 Township of Oro - Medonte ORO- MEDONTE 148 Line 7S., PO Box 100N 9-!IP Oro ON LOL 2X0 Dear Harry: We sincerely appreciate your donation and support of Hospice Simcoe. Hospice Simcoe is a charitable, volunteer organization, providing practical, emotional, social and spiritual support to those living with any life- threatening illness. It is through such gifts as yours that enable us to continue providing the professional and volunteer support to individuals and their families. Our residential program provides an alternative setting for those who can no longer be cared for at home, yet do not require the acute care provided through a hospital setting. At Hospice Simcoe, residents facing end of life receive compassionate care and support. Our home -like environment brings hope and comfort to residents and loved ones, allowing families to focus on spending quality time together. In our residential facility, we ensure that no -one walks alone through this last and important phase of life's journey. We enclose a tax receipt for your donation. Yours sincerely, Cate Root Executive Director Encl: Income Tax Receipt 'Ontario Page 257 of 423 12k) - Correspondence dated June 20, 2011 from Garfield Dunl... June 20, 2011 Mayor Hughes Township of Oro - Medonte 148 Line 7 S., Box 100 Oro ON LOL 2X0 Dear Mayor Hughes: �oom� Ontario LEGISLATIVE ASSEMBLY GARFIELD DUNLOP, M.P.P. Simcoe North Constituency Offices: ❑ 14 Coldwater Road West P.O. Box 2320 Orillia, Ontario L3V 6S2 Tel. (705) 326 -3246 1- 800 -304 -7341 Fax (705) 326 -9579 ❑ 482 Elizabeth Street Midland, Ontario L4R 1Z8 Tel. (705) 526 -8671 Fax (705) 526 -8600 JUL 0 5 1011 ORO- MEDONTE Thank you for forwarding me a copy of your letter addressed to the Premier McGuinty regarding your Council's support for Bill 22, an Act to Amend the Children's Law Reform Act. I appreciate you keeping me informed on the issues of concern to the members of your Council and the residents of Oro- Medonte. Please continue to keep me up -to -date in the future. a Lifor writing. Simcoe North ❑ MAILING ADDRESS: Garfield Dunlop, M.P.P • 4th Floor, Legislative Building • Toronto ON M7A 1A8 • Tel. (416) 325 -3855• Fax (416) 325 -9035 E -mail: garfield.dunlop @pc.ola.org Website: www.garfiielddunlopmpp.com is Page 258 of 423 12k) - Correspondence dated June 20, 2011 from Garfield Dunl... April 21, 2011 The Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building Toronto, ON M7A 1A4 Re: Ontario Bill 22, An Act to Amend the Children's Law Reform Act Dear Mr. McGuinty, Proud Heritage, Exciting Future At its meeting on April 13, 2011 the Council of the Township of Oro - Medonte received correspondence from the Town of Ingersoll regarding the above -noted matter. Council is in support of the Town of Ingersoll's motion and adopted the following motion with respect to the above -noted matter: "Be it resolved 1. That the correspondence dated March 30, 2011 from the Town of Ingersoll and presented by Mayor H.S. Hughes re: Ontario Bill 22, An Act to Amend the Children's Law Reform Act be received. 2. That the Council of the Township of Oro - Medonte supports the Town of Ingersoll's resolution to support Ontario Bill 22, an Act to Amend the Children's Law Reform Act, to emphasize the importance of children's relationship with their parents and grandparents. 3. And Further That Dalton McGuinty, Premier; Trevor Day, Clerk for The Standing Committee on Social Policy; Garfield Dunlop, MPP, Simcoe North; the Town of Ingersoll; Association of Municipalities of Ontario; Arthur Esdaile and Josephine Chausse be advised of Council's decision under the Mayor's signature. " We respectfully request your consideration of Council's resolution of this matter and thank you in advance for your time. Sincerely, May r H.S. Hughes /dbb Cc: Members of Council Trevor Day, Clerk for the Standing Committee on Social Policy Garfield Dunlop, MPP, Simcoe North The Town of Ingersoll Association of Municipalities of Ontario Arthur Esdaile Josephine Chausse 148 Line 7 South, Box 100 P: (705) 487 -2171 Oro, Ontario LOL 2X0 F: (705) 487 -0133 www OrC►- medorite.Ca Page 259 of 423 121) - Correspondence dated June 22, 2011 from Janis Hamilto... Oro Medonte Horticultural Society Mayor H. Hughes & Councillors 148 Line 7 South Box 100 Oro, ON LOL 2X0 Dear Mayor Hughes and Council: 0 4y 6 y JUN 2 6 2011 ORO- MEDONTE On behalf of our executive and the members of Oro - Medonte Horticultural Society, we want to sincerely thank you for approving our grant of $2,000. With economic times not fully restored, we do appreciate your generosity. We certainly want to thank your staff for ensuring the arena will be revitalized with the new garden. Thanks to everyone involved for all the soil added as well as when the lattice in front of the oil tank is completed. The other 5 gardens we currently maintain in the Township are being tended to and when the Township Offices are ready, you know we will have trowels in hand and anxious to help complete the project. As required by the Ontario Horticultural Association, we have counted our volunteer hours for 2010. We gave the Township and its residents over 3900 hours. Planting and maintaining were almost 400 hours. The community events we participated in were almost 1,000 hours and the 2 youth clubs we gave over 400 hours. We did lose 1 youth club due to the employment of our volunteers at that school. We do appreciate you providing space in the front foyer of the Township Office of our awards, as we do not have any permanent display area in our meeting place. Also, appreciated is the generous donation of Council of our meeting place and of course, the staff that are so helpful with the set up of our meetings. With your continued support, we are able to help create a beautiful township that will attract new neighbours and new business, as well as tourism. Sincerely, Jams Hamilton Secretary Page 260 of 423 13a) - Correspondence dated June 19, 2011 from Monica Bovett... Brissette, Marie To: Teeter, Janette Subject: RE: Request for Exemption from Township's Noise Bylaw To: Irwin, Doug Sent: Sun Jun 19 05:44:55 2011 Subject: FW: Request for Exemption from Township's Noise Bylaw Hello Mr. Irwin; Please accept my application for an exemption to the Township's Noise Bylaw as outlined below. I am getting married on Saturday, August 6, 2011 and we are having the reception at my brother's residence at 46 Cathedral Pines Rd. in the Cathedral Pines community at Horseshoe Valley Road and 4th Line north. We are requesting the noise by -law be waived for DJ music and general crowd noise from 3pm to midnight on the 6th. We plan to inform my brother's neighbours of the event, but we want to try and cover all angles to ensure this celebration is not interrupted. We expect between 80 -100 guests throughout the evening. The DJ will stop playing music between 11am- midnight at the latest. We would greatly appreciate it if the council could grant this request. If you require more information, please do not hesitate to contact me. Best Regards, Monica Bovett From: rbelsey @oro- medonte.ca To: CC: dirwin @oro - medonte.ca Date: Fri, 17 Jun 2011 10:01:34 -0400 Subject: Request for Exemption from Township's Noise Bylaw Monica, Further to our conversation over the phone, you must submit a written request to council in order to achieve an exemption from the Township's Noise Bylaw. I have attached the Township's Noise Bylaw for your review. Please refer to Section 4 "Exemption By Council ". Under this section you will find the information to be included in your request for exemption. Specifically, you are required to include the following information: • The name and address of the applicant; • A description of the source of the sound in respect of which an exemption is being sought; • The period of time for which the exemption is being sought; • The reasons why an exemption is being sought; Please include as much information as possible in your written request. I have carbon copied the Township's Clerk Doug Irwin, for whom the written request should be addressed. He has indicated that he will accept the written request via email. Let me know if you require any further information. Robert Belsey Municipal Law Enforcement Officer Page 261 of 423 courv�TY OF)'=/ r May 24, 2011 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... County of Simcoe County Clerk's Department 1110 Highway 26, Midhurst, Ontario LOL 1X0 Clerks of County of Simcoe Municipalities Re: Emergency Social Services Agreements Main Line (705) 726 -9300 Toll Free 1- 866 - 693 -9300 Fax (705) 725 -1265 simcoe.ca Please be advised that at the May 24, 2011 session of County Council, Council passed the following resolution: THAT the proposed Emergency Social Services Agreements with member municipalities, as outlined in Item HS 11 -090, be received and approved in principle with direction to County staff to engage the lower tier municipalities in discussions respecting the agreements with the expectations that any changes that arise from those discussions be presented to County Council for review and endorsement at the next possible regular meeting of County Council. A copy of the proposed agreement is attached to Item HS 11 -090, enclosed. Municipal Community Emergency Management Coordinators have reviewed and provided input on the proposed agreement and a final teleconference for input from CEMCs has been set up for June 7`h. In addition, we ask that this item be placed on your council agenda with a request for formal comment to the County of Simcoe by July 29, 2011. Questions regarding the proposed Emergency Social Services Agreement may be directed to Ms. Terry Talon, General Manager of Social and Community Services at extension 1116 Yours truly, Brenda Clark County Clerk C: Municipal Emergency Management Co- ordinators Page 262 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... COUNTY OF SIMCOE ITEM FOR: HUMAN SERVICES COMMITTEE SECTION: Children and Community Services ITEM NO. HS 11 -090 MEETING DATE: May 10, 2011 SUBJECT: Emergency Social Services Agreements with Member Municipalities RECOMMENDATION: THAT the necessary by -law be presented to County Council to authorize the Warden and Clerk to execute Emergency Social Services Agreements, substantively in the form attached as Schedule 1 of Item HS I1 -090, with member municipalities to support the continued planning, integration of services, and financial responsibilities for Emergency Social Services. h1M#K"M11Fj_kN "I The County of Simcoe is the designated Consolidated Municipal Service Manager for the delivery of Ontario Works, Children Services, Homelessness Prevention Programs, and Social Housing. As one of forty -seven designated service managers in the Province of Ontario, the County administers a wide range of social and community services throughout this region, including the Cities of Barrie and Orillia. In Ontario, municipalities are entrusted to provide local Emergency Social Services. Emergency response plans are designed to provide essential services for the well -being of individuals being affected by an emergency. Five Emergency Social Services are considered essential in the operation of a Reception and Evacuation Centre. These services are as follows: registration and inquiry services; emergency food services; personal needs services; lodging services; and emergency clothing services. As part of the County's emergency management partnership role with its member municipalities, local municipal recreational facilities and privately -owned facilities throughout Simcoe County are being identified for temporary emergency Reception and Evacuation Centres. Currently, 21 sites have been identified as potential evacuation sites, and this list continues to be expanded as the Evacuation Site Review Team is invited by the municipal Community Emergency Management Coordinators (CEMC) to inspect and document a municipal site. The Evacuation Site Review Team consists of representatives from the County of Simcoe, the Simcoe Muskoka District Health Unit, the Canadian Red Cross Society, representatives from the municipal Community Emergency Management Coordinators, and the municipal recreation facility staff members. Overall, there is much complexity in providing Emergency Social Services during a potentially time - pressured situation, and as such a mutual assistance agreement (see Schedule 1) has been developed to set into place an arrangement between member municipalities and the County of Simcoe. The use of mutual assistance agreements enable municipalities, in advance of an Page 263 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... 10, 2011 Human Services Committee HS 11 -090 emergency, to set the terms and conditions of the assistance which may be requested or provided. Municipalities requesting and providing assistance are therefore not required to negotiate the basic terms and conditions under stressful conditions, but rather, may offer and receive assistance according to predetermined and mutually agreeable relationships. The purpose and intent for these Agreements with Member Municipalities is to ensure that emergency planners in this region can focus their attention on the response phase of an emergency situation, without being hampered by issues of cost recovery, roles and responsibilities in service delivery, facility logistics, and communication protocols. To accomplish these objectives the Agreement contains three separate and detailed Schedules. They are as follows: 1. Schedule A contained within the Agreement describes the eligible expenses that could be authorized and assumed by the County of Simcoe for the provision of a Reception and Evacuation Centre(s); 2. Schedule B contained within the Agreement describes the various costs that member municipalities could incur and assume during an emergency; and 3. Schedule C contained in the Agreement describes the process that member municipalities should consider when requesting Emergency Social Services assistance from the County of Simcoe. This Mutual Assistance Agreement framework, if approved, will be incorporated as part of the County of Simcoe Emergency Response Plan, authorized under By -Law No. 5673. In addition, this Agreement framework will support how, where, and who will deliver Emergency Social Services. Furthermore, the Agreement guides member municipalities to the appropriate response level when considering making an Emergency Social Services request for assistance to the County. County staff, in the preparation and completion of this Agreement, consulted and engaged area Community Emergency Management Coordinators, and therefore each municipality will be approached to have this Mutual Assistance Agreement incorporated into their respective Municipal Emergency Response Plan. Following the approval of Item HS Report 07 -138, in September 2007, County staff have approached Emergency Social Services policy and program development by closely evaluating processes to address potential gaps and challenges and, to develop opportunities that best support a protocol that will meet the needs of the public, and yet not displace the existing capacity and resources in the community sector. Examples like the Midland Tornado in June 2010 and the three separate requests to set up reception and evacuation sites in the winter of 2009 are examples of how the division continues to integrate practice knowledge and planning in the field of Emergency Social Services. In the County's role of service system management for aspects of the homelessness system, the County of Simcoe has service provider agreements in place with agencies that can provide short term emergency accommodation for small scale events or neighbourhood -level emergencies which results in temporary homelessness. The County of Simcoe's Emergency Social Services practices are inclusive and involve working closely with area municipalities, community service Page 264 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... May 10, 2011 Human Services Committee HS 11 -090 Page 3 providers, and the County's various departments to ensure vulnerable evacuees have access to basic necessities and lodging services. The preferred method of responding to local municipal needs is to work directly with service provider agencies that presently have homelessness agreements with the County, and with agencies that are established in their community as first responder agencies such as the Canadian Red Cross Society and St John Ambulance. It is anticipated that the County will establish additional service provider agreements for larger scale emergencies, and for the gaps identified in the current logistical set -up. These service providers will include disaster assistance organizations that can provide human resources, and supplies and equipment to a Reception and Evacuation Centre(s). At the time of this report, County staff are in the process of drafting a working agreement with the Canadian Red Cross Society for County Council's consideration. This agreement will be used as the area's blueprint in further planning and integrating emergency response agreements with other service providers to ensure a robust Emergency Social Services Response Plan for member municipalities. County staff will continue to work closely and collaboratively with Community Emergency Management Coordinators and Health Sector Emergency planners to develop service provider agreements. In addition, County staff will continue to network and research to stay informed of developments that involve other regional municipal government agreements and policy developments that involve formal agreements with service providers. FINANCIAL ANALYSIS: The Emergency Social Services program framework is premised on the understanding and acknowledgement of the cost recovery parameters. Therefore, setting -up this Mutual Assistance Agreement will help to address, plan and organize costs to meet an accountability and delivery framework for Emergency Social Services. Schedule A of the Agreement lists key costs and liabilities that shall be assumed by the County of Simcoe. Some examples of these expenses include: overtime salaries; shipping, transportation and mileage costs; special needs assistance or special lodging arrangements provided to evacuees; food service costs for staff; and rental of equipment and supplies. Schedule B of the Agreement lists key costs and liabilities that shall be assumed by member municipalities. Some examples of these costs include loss of revenue that would occur due to a municipal facility being utilized as an evacuation centre(s); costs associated with deploying municipal fire or police services; and costs associated with preparing the Evacuation Centre(s) such as: ice clearing, heating/cooling the facility, deploying municipal custodial staff, supplying the washrooms with necessary supplies, and the cost of any repairs or maintenance. For precise details to cost and liabilities please refer to Schedules A and B of the Agreement, which is attached as Schedule 1 to this Item. SCHEDULES: The following Schedule is attached and forms part of this Item: Schedule I — Emergency Social Services Agreement ESS Municipal Agreement Page 265 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... May 10, 2011 Human Services Committee HS 11 -090 Page 4 PREPARED BY: Doriano Calvano, Program Supervisor APPROVALS: Date: Greg Bishop, Director, Children and Community Services April 29, 2011 Terry Talon, General Manager, Social and Community Services April 29, 2011 Lealand Sibbick, Deputy Treasurer April 29, 2011 Mark Aitken, Chief Administrative Officer May 3, 2011 Page 266 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule 1 Human Services Committee HS 11 -090 Page 1 BETWEEN: MEMORANDUM OF AGREEMENT (hereinafter referred to as the - Agreement ") This Agreement made in duplicate The Corporation of the County of Simcoe (hereinafter referred to as the "County of Simcoe ") -and- (hereinafter referred to as the "Municipality ") P , 11 WHEREAS the County of Simcoe wishes to put into place procedures and practices to deal with an Emergency affecting Simcoe County area municipalities for the purpose of providing Emergency Social Services; AND WHEREAS the County of Simcoe wishes to enter into this Mutual Assistance Agreement with ( ) for the provision of Emergency Social Services as found within the Comity of Sintwe Emergency Response Plan; AND WHEREAS the Municipality wishes to safeguard and protect the health, safety and security of its citizens and for basic financial assistance for the purpose of providing basic needs, shelter and disaster relief to its citizens; AND WHEREAS this Agreement is authorized under section 13(3) of the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E. 9 (the "Act "); AND WHEREAS the County of Simcoe continues to conduct advance assessment throughout Simcoe County to identify facilities that could serve as suitable reception and/or evacuation centre(s) in the event of a Emergency (as defined herein), AND WHEREAS this Agreement is of a kind contemplated by the County of Simcoe Emergency Response Plan, as adopted by the council of the County of Simcoe under By -Law No. 5673 in accordance with the Act, and; AND THEREFORE, IN CONSIDERATION the County of Simcoe upon a request for emergency assistance by the Municipality will execute the County of Simce Emergency Social Services Response Plan the mutual terms and covenants herein contained, the Parties covenant and agree as follows: SECTION 1: DEFINITIONS In this Agreement, (a) "Emergency" means a dangerous situation or pending situation that prompts formal request to the County of Simcoe in which the Municipality requests deployment of Emergency Social Services for immediate assistance given the nature of the emergency. (b) "Eligible Expenses" mcans the expenses incurred and authorized by the County of Simcoc for and on behalf of the Municipality In the provision of Emergency Social Services. (c) "Emergency Social Services" or "Services" means those services described in the County of Simcoe Emergency Social Services Response Plan that would be executed in a designated Evacuation Centrefs). (d) "Evacuation Centres" means a municipally -owned or privately - owned facility, whether located inside or outside the geographic limits of the Municipality, which has been designated by the Municipality, and approved by the County, for the temporary lodging of persons during an Emergency. (e) "Service Provider" means art agency that provides specific services during an Emergency as authorized and directed by the County of Simcoe. (f) "Disaster Area Declaration" means the declaration of a "disaster area" made to the Minister of Municipal Affairs and Housing for the purposes of the Ontario Disaster Relief Assistance Program (ODRAP), any other Provincial or Federal program or agencies. Page 267 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule 1 Human Services Committee HS 11 -000 Page 2 V;t ,;:� 12 SECTION 2: SERVICES (a) Except as otherwise provided herein, the County of Simcoe shall provide for and on behalf of the Municipality, upon receiving a notification request for assistance in an Emergency, Emergency Social Services in accordance with this Agreement. Neither Party shall be responsible for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to causes or circumstances beyond its control. (b) The Municipality shall abide by Emergency Social Services program guidelines for Emergency requests for assistance, as set out in Schedule "C ". (c) 'rile County of Simcoe shall provide the Municipality with both an electronic and hard copy of the County of Simcoe Emergency Social Services Response Plan. (d) The Municipality shall advise the County of Simcoe of the anticipated number of evacuees expected to be sheltered in Evacuation Centre(s). (e) The Municipality shall be responsible for obtaining any licenses, approvals or permits required to operate the designated Evacuation Centre(s). (f) rhnring the Emergency, the Municipality shall, at its sole cost and expense, maintain and keep the designated Evacuation Centres) in a state ofgood repair and condition, and shall promptly make all needed repairs and replacements (reasonable wear and tear and damage by fire, lightning and tempest, exempted) and at the end of its use for purposes of an Evacuation Centre shall deliver up the promises in substantially as good condition as they wore at the beginning of their use for that purpose (damage by reasonable wear and tear, fire, lightning, and tempest only exempted). (g) The Municipality shall contact the County of Simcoe, which in consultation with the public health department and the fire department shall review and where it deems appropriate, approve as a designated Evacuation Centre any proposed facility which has not been previously inspected for lodging and temporary shelter requirements. (h) The County of Simcoe will provide the necessary number of staff to coordinate the management of operations for the Evacuation Centre(s). 0) The County of Simcoe may request deployment of stall from the Municipality to assist in the management of the County of Simcoe Emergency Social Services Response Plan, and the Municipality shall comply with such request to the extent it is able. Q) The County of Simcoe shall activate and deploy the necessary Service Providers. (k) This Agreement is for the provision of Emergency Social Services and evacuation and transportation of evacuees does not form part of the Agreement. (1) 'The Municipality shall provide to the County of Simcoe Emergency Operational Centre daily situational reports detailing the Emergency for communication release to evacuees residing at the Evacuation Controls). (m) The County of Simcoe shall provide daily Evacuation Centre situation reports to the Municipality. (n) The County of Simcoe will direct any evacuee to alternative accommodations if, in the opinion of the County of Simwe, the evacuee requires special care and is unable to be adequately sheltered in the Evacuation Centre designated by the Municipality.. (o) The Municipality shall make available for use, and provide unobstructed access to, any designated Evacuation Centre(s) requested by the County of Simone during an Emcigcncy. SECTION 3: ACTIVATION OF EMERGENCY SOCIAL SERVICES The Municipality shall be guided by the appropriate response level set out in Schedule C, when considering making an Emergency Social Services request for assistance to the County. Furthermore, when requesting Emergency Social Services the Municipality shall contact the County of Simcoe Community Emergency Management Coordinator (CEMC) for the notification system to be activated. Page 268 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule 1 Human Services Committee HS 11 -090 Page 3 �3 SECTION 4; TERM AND TERMINATION This Agreement will be in force for the period (the "Term ") commencing on 2011 until it is superseded or replaced by a subsequent contract or until it is terminated in its entirety by either Party, by giving no less (hart thirty (30) days written notice, or as otherwise permitted by this Agreement. Termination of this Agreement shall not relievc either Party of any ongoing obligation incurred in accordance with this agreement prior to termination. SECTION $: AMENDMENTS Amendments to this Agreement shall be in writing and be executed by the Parties. If agreed in writing by both Parties to this Agreement, an amendment shall form a part of this Agreement, SECTION 6: LEGAL RELATIONSHIP In this Agreement nothing gives rise to an employment relationship for the provision of services between the Municipality, the County of Simcoc and Service Provider employees or volunteers. The Parties expressly acknowledge that they are independent contractors and neither an agency, or partnership nor employer - employee relationship is intended or created by this Agreement. SECTION 7: WITHDRAWAL OF SERVICE Notwithstanding anything in this Agreement, the Municipality acknowledges that the County of Simeoe may withdraw its Emergency Social Services at any time and without liability hereunder, in the event that the County of Simcoc, acting reasonably, determines that it is unable to provide such services without compromising the health, security or safety of the employees, agents or contractors of the County of Simcoc or of the employees, agents or contractors ofthe Service Providers. SECTION 8: HUMAN RIGHTS CODE It is a condition of this Agreement that each Party comply with the Human Rights Code in discharging its obligations under the Agreement. Breach of this condition is sufficient grounds for immediate termination of this Agreement by either part. SECTION 9: COLLECTION AND DISCLOSURE OF PRIVATE INFORMATION Any information collected by the County of Simcoc pursuant to this Agreement is subject to, and shall be handled in accordance with, the provisions of the Municipal Freedom of Information and Protection of Privacy Act, the Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act. SECTION 10: INDEMNIFICATION The County of Simcoc and the Municipality will, both during the Tenn and after the termination of this Agreement, each indemnity and save harmless the other from and against any loss, damage, claim, demand, cost, action, suit, expense or liability whatsoever whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this Agreement, that the other may incur, suffer or be required to pay pursuant to any claim, demand, action, suit, litigation, charge, complaint, prosecution or other proceeding that may be made or asserted against or affect the party indemnified by reason of a wrongful or negligent act or omission on the part of the indemnifying party, its employees, servants, agents, subcontractors or volunteers in the performance or rendering of Services. The obligation of either Party to indemnify as set forth in this paragraph shall survive the termination of this Agreement for any reason. SECTION 11: RELEASE The Municipality waives and releases the County of Simeoe from all present and future claims which the Municipality has or reasonably ought to have knowledge of that could be advance by the Municipality against the County of Simcoe arising from the County of Simeoe's involvement in providing Emergency Social Services for loss of or damage to property, arising directly or indirectly out of or in connection with the County of Simcoe's provision of Emergency Social Services pursuant to this Agreement, including without limiting the foregoing, those losses or damages resulting from negligence or breach of contract by the County of Simcoc, or breach by the Municipality of any contract with a third -party. Page 269 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule 1 Human Services Committee HS 11 -090 Page 4 F' 4 SECTION 12: INSURANCE Without restricting the generality of Section 10 — Indemnification, the Municipality shall, at its sole cost and expense, take out and keep in force throughout the Tetra of this Agreement occupier's liability insurance on the Evacuation Centres) naming the County as an additional insured, as well the Municipality shall obtain and keep in force throughout the 'Perm of this Agreement at it sole cost and expense comprehensive general liability insurance (including, without limitation, coverage for personal injury including death, property damage or loss, property damage and public liability), fully protecting itself and the County of Sinacoe's employees, agents and volunteers as named insured with respect to liability arising out of the operations of the County of Simcoe in providing Emergency Social Services pursuant to this Agreement, in an amount not less than Ten Million Dollars ($10,000,000.00) per occurrence. Copies of all policies or certificates of insurance, and any renewals thereof, will be provided to the County of Simcoe upon request throughout the'Ferm of this Agreement, In addition, it is the responsibility of the Municipality if using an Evacuation Centre located in another municipality, to ensure that both Parties are insured under the said policies. SECTION 13: CONFLICT OF INTEREST The County of Simcoe shall disclose to the Municipality without delay any actual or potential situation that may he reasonably interpreted as either a conflict of interest or a potential conflict of interest, or breach of law in relation to this Agreement. A breach of this section by the County of Simcoe shall entitle the Municipality to terminate this Agreement in addition to any other remedies that the Municipality may have in law or in equity. SECTION 14: FINANCIAL ARRANGEMENTS The County of Simcoc shall keep full, Mhc and correct records of any and all Eligible Expenses incurred pursuant to this Agreement. The County of Simcoe and the Municipality shall mutually decide on the appropriate actions when considering a submission, application or claim (collectively `Application') for reimbursement of Eligible Expenses ( "Cost Recovery") to the Ontario Disaster Relief Assistance Program ( ODRAP) and/or any other Provincial or Federal programs or agencies. In the event that Cost Recovery Funds are made available pursuant to an Application, and for any reason, the County cannot (or does not) receive any payments directly, all such sum or sums shall be collected by the Municipality and shall constitute trust funds in the Municipality's hands and shall be immediately be paid over to the County of Simcoe. In the event that (i) no Application is made to ODRAP or any other Provincial of Federal program or agency by either Party; or, (ii) an Application is made but no funds for Cost Recovery are provided by ODRAP and/or any other Provincial or Federal program or agency, the Eligible Expenses shall he recovered by the County of Simcoe through the revenue collected from a County levy pursuant to the Mrutrcipal9cr, 2001. The Municipality shall be solely responsible for those costs and liabilities set -out in Schedule B of this Agreement. The Municipality shall indemnify the County from and against any and all liabilities, actions, suits, demands and claims that may arise, directly or indirectly, as a result of such costs and liabilities. The Municipality shall reimburse the County for any and all Schedule B costs paid or incurred by the County immediately upon demand. SEC'T'ION 15: SERVICE RECORDS Each of the Parties shall not dispose of any records related to the Services provided under this Agreement for a period of seven (7) years following termination or expiration of this Agreement, The Parties shall provide access and copies of any records related to services provided to evacuees for the purpose of recovery and disaster relief purposes. SECTION 16: CONFIDENTIALITY The County of Simcoe shall hold confidential and not disclose or release to any person other than to the Municipality or Service Provider at any time during or following the term of this Agreement, except where required by law. any information or document that identifies any individual in receipt of services or the nature or extent of services received by any individual without obtaining oral or written consent of the individual or the individual's parent or guardian prior to the release or disclosure of such confidential information. SECTION 17: WAIVER OF BREACH The failure of the County of Simex. to insist upon a strict performance of any of the terms and conditions hereof, or the exercise of a discretion by the County of Simcoc in any particular manner in one instance. shall not be deemed a waiver of any rights or remedies that the County of Simcoe may have and shall not be deemed a waiver of any subsequent breach or default in any of such terms and conditions. Page 270 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule i Human Services Committee HS 11 -090 Page 5 I'a<_F . 15 SECTION IS: SCHEDULES All the terms of the Schedules are incorporated into this Agreement and will take precedence where there, is an inconsistency or conflict with the terms hereof. This Agreement and the attached Schedule(s) embody the entire Agreement and supersede any other understanding or agreement, collateral, oral or otherwise, existing between the Parties at the date of execution and relating to the subject matter of this Agreement. SECTION 19: LAWS The Municipality agrees that the County of Simcoe and its employees and representatives, if any, shall at all times comply with any and all applicable federal, provincial and municipal laws, ordinances, statutes, roles, regulations and orders in respect of the performance of this Agreement. SECTION 20: DISPUTE RESOLUTION A dispute between the Parties relating to the interpretation or implementation of this Agreement will be addressed through good faith negotiation, with or without the assistance of a mediator. The Parties agree that in the event that they are not able to reach a resolution of all the matters in dispute after mediation, then the matters remaining in dispute will be finally determined by arbitration in accordance with the Arbilration Act, 1991 (Ontario). SECTION 21: NOTICE Any notice, instrument or document to be given by either Party to the other shall, in the absence of proof to the contrary, be deemed conclusively to have been received by the addressee (i) if dclivcrcd personally on a business day, then on the day of delivery; (ii) if sent by prepaid registered post, then on the second day following the registration thereof; (iii) if sent by ordinary mail, then on the third business day following the date on which it was mailed; or (iv) if seat by facsimile, upon confirmation of successful transmission of the notice_ Any notice, instrument or document can be given by either Parry to the other from the following address and facsimile or other such address or facsimile that either Party has deemed appropriate by either providing a written or faxed notice County of Simcoe: The Corporation of the County of Simcoe 1 110 Highway 26, West Midhurst, ON LOL 1 XO Fax: 9705) 725-9539 Phone: (705) 722 -3132 ext. ( ) Municipality: Page 271 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule 1 Human Servkes Committee HS 11 -096 Page 6 �6 SECTION 22: WHOLE AGREEMENT This Agreement comprises the whole of the understanding between the Parties and is not subject . to or in addition to any other arrangements, representatives or warranties, whether written, oral or implied, that are not set out herein. However, the Parties acknowledge that this Agreement does not aflect any future agreement that may be put in place to deal with either a declared Emergency or a non - declared Emergency by the Municipality requiring services and coordination from the County ofSimcoe Social Services Division. IN WITNESS WHEREOF the Municipality has hereunto affixed its corporate seal attested by the hands of its duly authorized officers and the County of Simcoe has hereunto set his hand and seal. SIGNED, SEALED AND DELIVERED In the presence of: Mayor, Date Clerk, Date CORPORATION OF THE COUNTY OF SIMCOE Warden, County of Simcoe Date Clerk, County of Simcoe Date Schedule A- Eligible Expenses Page 272 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule 1 Human Services Committee HS 11 090 Page 7 P,, 17 "Eligible Expenses" means any and all actual expenses incurred and authorized by the County of Simcoe, for and on behalf of the Municipality, in the provision of Emergency Social Services, whether during or after an Emergency. Without limiting the generality of the foregoing definition, these expenses may relate to one or more of the categories set out hereunder. In addition, these expenses may or may not form part of costs submitted by either party hereto to the Ontario Disaster Relief Assistance Program (ODRAP), and any other Provincial or Federal Special Assistance Grants. SECTION 1: List of Core Emergency Social Services Costs 1. Overtime salaries associated with the deployment of County of Simcoe staff directly providing Services at Evacuation Centre(s). These positions are defined in Appendix D of the Emergency Social Services Response Plan. 2. Shipping, transportation and mileage costs associated with moving goods, services and staff to the designated Evacuation Centre(s). 3. Accommodation and food costs incurred for County and Service Provider staff. 4. Full cost to employ security measures for the health and safety of staff, Service Providers and evacuees at the Evacuation Centre(s). 5. Transportation costs associated with moving evacuees from the Evacuation Centre(s) to alternative locations. 6. Rental of equipment and supplies for the operations of the Evacuation Centre(s). 7. Supplies deemed essential to carry-out Services at the Evacuation Centre(s). 8. Food service costs for staff, service providers and evacuees at the Evacuation Centre(s). 9. Emergency supplies for evacuees' lodging at the Evacuation Centre(s). 10. Special needs assistance or special lodging arrangements provided to evacuee(s). 11. All costs and expenses charged by or on behalf of any Service Provider(s), or incurred by the County of Simcoe in relation to services provided by any Service Provider(s), which services are authorized by the County of Simcoe, in its sole discretion, to respond to an Emergency. 12. Incidental costs deemed necessary by the County of Simcoe, including any and all Schedule B costs initially paid or incurred by the County of Simcoe for any reason. SECTION 2: Service Provider Costs Each "Service Provider" deployed by the County shall submit to the County of Simcoe all Eligible Expenses as defined in their Service Provider Agreement or a Fee for Service Agreement with the County. Eligible Expenses for a Service Provider shall be either costs that are incremental to their core mission as a disaster relief organization or a fee for service that is deemed essential to perform the required Services at the Evacuation Centre(s). Page 273 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule i Human Services committee HS 11 -090 Page 8 V 18 Schedule B- Municipal Cost Responsibilities The following list identities costs and liabilities that shall be assumed by the Municipality in the event of an Emergency Social Services request. Each Municipality should consider entering member municipal mutual assistance agreements in order to mitigate emergency costs impacts. 1. Loss of revenue that would occur at the Evacuation Centre(s) resulting from the Emergency and the provision of Services. 2. Costs associated with deploying Municipal or Provincial Police to assist with security. 3. Costs associated with deploying Municipal Fire Services to the Evacuation Centre. 4. Costs associated with preparing the Evacuation Centre(s). Examples of these costs include, without limitation, ice clearing, heating/cooling the facility, deploying municipal custodial staff, supplying the washrooms with necessary supplies, and the cost of any repairs or maintenance. 5. Costs associated with deploying municipal staff to assist with the Evacuation Centre(s) while under the direction of the Emergency Social Service Response Plan. 6. On -going daily maintenance and repair costs for the Evacuation Centre(s), 7. Costs associated with repairing damaged property, and claims and demands with respect thereto that might occur during the operations of the Evacuation Centre(s), or the provision of Services by the County. Page 274 of 423 13b) - Correspondence dated May 24, 2011 from Brenda Clark, ... Schedule 1 Human Services Committee HS 11 -090 Page 9 F 9 Schedule C- County of Simcoe Emergency Social Services Activation Protocol This Schedule sets -out guidelines that municipalities should consider when requesting Emergency Social Services (ESS) assistance for emergencies. These guidelines are intended to assist municipalities in maximizing available community resources and capacities as they assess the scope and nature of the emergency for which assistance may be potentially required from the County of Simcoe. Guidelines have been put into place to specifically address: food, clothing, personal services, and shelter and lodging assistance for citizens who do not have the ability to self evacuate to family and friends for support, or do not have financial or insurance coverage. The County of Simcoe Emergency Social Services Response Plan shall not be activated for any individual household's Personal Disaster Assistance (PDA). Disaster response agencies such as the Salvation Army or the Canadian Red Cross should be contacted directly by the local Municipality for this purpose or directly by the disaster victims. In most PDA emergencies the Municipality should contact these agencies directly. However, in some circumstances the Municipality may request assistance from the County of Simcoe for PDA emergencies that involve circumstances that involve vulnerable populations. In certain municipal emergencies which the County of Simcoe has been requested to assist and the County of Simcoe has deployed their Emergency Social Services Response Plan a formal declaration of emergency to Emergency Management Ontario (EMO) may be considered by the County of Simcoe and deemed appropriate due to the situation, benefits and safeguards for staff and volunteers deployed to manage and coordinate the Emergency Social Services response. Three emergency response levels for activating the County of Simcoe Emergency Social Services Response Plan have been recommended to guide local municipalities with their formal request when requiring assistance from the County of Simcoc for Emergency Social Services. The activation levels listed in Table One below should be used as general guidelines for area municipalities when considering an Evacuation Centre(s) set -up from the County of Simcoe. Table One: County ofSImcoe Emergency Social Services Activation Protocol Activation Process Community Emergency Management Coordinator from the requesting municipality will contact the County of Simcoe Community Emergency Management Coordinator Response IRLCt fhfhlYEtlbp Criteria Parsttnsl13t9astCf • 9 -10 Evacuees who require specialised cars, e.g. vulnerable populations Assistance (PDA) N.B. In most cases municipalities will work directly with convnunity response organizations to meet the human services needs related to PDAs Level I I IA9 evacuees in events that: Require immediate lodging services * Lodging for evacuees will be required for > 72 hours Costs for Lodging set -up and management > $6,000 N.R. In most cases a Level I response will nigger a partial implementation of the County of Sitncoc Emergency Social Services Plan Level Z - Minimum f50 evacuees u Require immediate lodging services o Group lodging anticipated N.B. In most cases a Level 2 response will trigger the full implementation of the County of Simcoe Emergency Social Services Plan and may also trigger a declaration of emergency by the County of Simcoe Level • Response to requests for emergency social services from jurisdictions outside the geographical boundary of Simcoe County Level 3 response will require consultation and partnership with community part Page 275 of 423 ners Page 275 of 423 13c) - Correspondence dated June 23, 2011 from Sonja Schneid... Brissette, Marie Subject: RE: Speed Limit & Trucks on Line 7 From: SONJA WILLYS ACRES [mailto:] Sent: Thursday, June 23, 2011 3:52 PM To: Hughes, Harry Subject: FW: Speed Limit & Trucks on Line 7 Hello Harry, We have had the 60km speed limit zone up here in place for a while now but we're once again at the same problem as before as in that it doesn't make a difference! The trucks seem to be in a race especially today (June 23/11) however the OPP is more interested in Markus' van parked out front than in the speeding trucks. See attached picture — which helped the most so far to slow traffic down. As you well know we've had the police community flashing speed limit indicator out here before — it did slow down traffic for a little while. Towards the end of the term having the sign out here it actually turned into a hazard as drivers were using it as a measure to see how fast they were going! Markus called "Priest Trucking company" (just one of the many haulers) to ask them to please obey the speed limit and avoid using the Jake - brakes out of courtesy but could only leave a message on their answering machine as no -one was available. This brings me to the point that we have to proceed and push forward with the petition we put in last year for the 60km speed limit but first and foremost the truck usage of Line 7 North. We officially request to have that item back on the agenda before council to further limit the use of gravel trucks driving this part of Line 7 North as it is not part of the official truck hauling routes of Oro Medonte Township. This road is neither designed nor built to withstand heavy haulage and it is showing definite signs of deterioration in spite of the recent black slurry cover. We would also like to ask that the township council or you as the mayor approach the detachment commander of the OPP Barrie to increase enforcing the speed limit. Since the speed limit of 60km was posted here we have not once seen it being visibly enforced by the OPP but we've seen it plenty enforced from the gravel pit locations towards highway 11. As you can see there is no shortage of OPP officer presence in Oro Medonte — they're usually somewhere else than here! Please let me know what your thoughts are on this. We haven't seen you around here lately so we're assuming you must be very busy running the township. Thanks again, S Willys Acres Inc. Page 276 of 423 13d) - Correspondence dated June 14, 2011 from Virginia Hack... Lake Simcoe Region Conservation Authority June 14, 2011 Dear Municipal Clerk, RE: Nominations for LSRCA Conservation Awards The Lake Simcoe Region Conservation Authority is looking for nominations for its 30th Annual Conservation Awards. This event is being held on October 27, 2011 at Madsen's Garden & Greenhouse in Newmarket, to recognize the efforts of these "Watershed Heroes." It would be greatly appreciated if you could please share this with your Mayor and Town Council Members. Please find enclosed further information about the Conservation Awards as well as a nomination form. To nominate individuals or groups, please fill out the nomination form and send it to Dana Eldon at the Lake Simcoe Region Conservation Authority by Friday, July 29, 2011. Go ahead and nominate someone today. Not only will it show how much the individual's efforts are appreciated, it could also help raise your community's profile and encourage others to join in the collective efforts to protect and restore Lake Simcoe. Please do not hesitate to contact Dana Eldon at 905 - 895 -1281 or d.eldon @lsrca.on.ca for further information. Yours truly, , � /,,-- Z_ I- �- �4�, Mayor Virginia Hackson Chair Encl. 120 Bayview Parkway Box 282, Newmarket, Ontario L3Y 4X1 — X951.2017 Tel: 905.895.1281 1.800.465.0437 Fax: 905.853.5881 E -Mail: Info @lsrca.on.ca Web: www.lsrca.on.ca Proud Past -Focused Future Page 277 of 423 13d) - Correspondence dated June 14, 2011 from Virginia Hack... The Lake Simcoe Region Conservation Authority's ( LSRCA) annual Conservation Awards are a celebration of the great things that are happening in our watershed. These awards are our opportunity to honour the citizens in our watershed who are out there making small changes that add up to big differences - one step at a time. By planting some trees here, improving a stream bank there, it all adds up to a better environment that is healthier for us and all the creatures we share it with. 2011 in particular is very special. LSRCA is celebrating 60 years of excellence in conservation and it also marks the 30th anniversary of our Conservation Awards! Through the years, the theme for our conservation awards has become "Celebrating Watershed Heroes." These awards are designed to celebrate our human watershed heroes - the individuals and groups in our watershed who demonstrate that by working together, we can find a true sense of balance in our watershed, where human needs can be satisfied without sacrificing our natural environment. The LSRCA has its own team of "Watershed Heroes" who do good things to help improve our environment. These heroes include a pileated woodpecker named Becca, a pumpkinseed fish named Spike, and 011ie the earthworm. Our heroes are friends who respect each other and are happy to work together to protect and improve the environment. • Individuals or groups doing good work to improve the environment in our watershed are eligible for nomination • Award categories include: Water Conservation, Soil Conservation Award, Education, Media Recognition, Conservation Award of Merit, the Ernie Crossland Young Conservationist and the George R. Richardson Conservation Award of Honour • Nomination forms as well as an outline of all award criteria will be available beginning May 16, 2011. Forms and award criteria will be available online at www.lsrca.on.ca or by contacting Dana Eldon, Community Relations Specialist by email at d.eldon @lsrca.on.ca or by phone at 905 - 895 -1281 ext. 242. • Deadline for nominations is Friday, July 29, 2011 • The awards ceremony is being held on Thursday, October 27 at Madsen's Garden & Greenhouses in Newmarket s x Lake Simcoe Region Conservation Authority 1� Proud Past -Focused Future Page 278 of 423 13d) - Correspondence dated June 14, 2011 from Virginia Hack... Page 279 of 423 13d) - Correspondence dated June 14, 2011 from Virginia Hack... Laka Simaoe Region �95 Conservation 4/ Authority Proud Past -Focused Future Watershed Heroes Nomination Form for the 30th Annual Conservation Awards Lake Simcoe Region Conservation Authority 120 Bayview Parkway, PO Box 282, Newmarket, Ontario, L3Y 4X1 Telephone: (905) 895 -1281 Fax: (905) 853 -5881 Website: www.lsrca.on.ca Help us celebrate the efforts of individuals, businesses, corporations, and community groups that are working towards improving the health and quality of Lake Simcoe. Please complete this form and return to Dana Eldon, at the Lake Simcoe Region Conservation Authority by Friday, July 29, 2011. Contact Information of Individual /Group Being Nominated: Name: Address: Phone Number: E -Mail: Award being nominated for: ( *See last page for award criteria. Please note that additional information is required for nominations for the Ernie Crossland Young Conservationist Award and the George R. Richardson Conservation Award of Honour.) Your Contact Information: Name: Address: Phone Number: E -Mail: Page 280 of 423 13d) - Correspondence dated June 14, 2011 from Virginia Hack... Please submit the following for all nominations: 1. Description of work (200 — 500 words): Describe your candidate's role in specific projects, programs, or services which have had a positive impact on the health and quality of Lake Simcoe and its watershed and why you feel they are deserving of an award (attach additional pages if required.) 2. Supporting Material: We ask that you please submit at least one photograph of the individual or group that you are nominating. It is best if you can submit this electronically via email to Dana Eldon at d.eldon @Isrca.on.ca. We also encourage you to attach any copies of newspaper clippings, reports, other photographs, etc. as it relates to the award you are nominating them for. Please do not send original photographs, documents or materials as they cannot be returned. Page 281 of 423 13d) - Correspondence dated June 14, 2011 from Virginia Hack... Additional information required for Ernie Crossland Young Conservationist Award nominations (attach additional pages if required): i) Biographical Outline: Include information regarding the nominee's interest in the environment, and state why you think they have been so successful in their conservation leadership efforts (please include as much information as possible such as: dates, type of work done, and positions held.) ii) Honours: Please list any professional, community, or educational involvements of the person you are nominating. iii) Educational Profile: You are welcome to include information about your candidate's educational background such as their degree /diploma /area of specialty, the institution and year of graduation. Page 282 of 423 13d) - Correspondence dated June 14, 2011 from Virginia Hack... Additional information required for George R. Richardson Conservation Award of Honour nominations (attach additional pages if required): i) Biographical Outline: Include information regarding the nominee's interest in the environment, and state why you think they have been so successful in their conservation efforts. Please mention their volunteer or employment experiences which may be relevant (please include as much information as possible such as: dates, type of work done, and positions held.) ii) Honours: Please list any professional, community, or educational involvements of the person you are nominating. iii) Educational Profile: You are welcome to include information about your candidate's educational background such as their degree /diploma /area of specialty, the institution and year of graduation. Page 283 of 423 13d) - Correspondence dated June 14, 2011 from Virginia Hack... Award Criteria GENERAL: • Nominations are eligible only if the projector service has occurred within the Lake Simcoe watershed • Nominees do not have to live within the Lake Simcoe watershed • Nominations are to be based on conservation works completed from August 2010 to July 2011 with the exception of those nominated for the George R. Richardson Conservation Award of Honour as it is a lifetime achievement award • All categories are open to individuals and groups • During the selection deliberations, nominees may be considered for categories in addition to that indicated by the nominator CATEGORIES: Water Conservation Award Open to individuals and groups who, during the eligible period, completed a project that improves water quality and wildlife in the Lake Simcoe watershed. Examples: restoring wetland habitat, minimizing runoff, planting buffer strips, etc. Soil Conservation Award Open to individuals and groups who, during the eligible period, completed a project that improves soil, vegetation and wildlife in the Lake Simcoe watershed. Examples: planting cover crops, windbreaks, reforestation projects, etc. Education Award Open to individuals and groups who, during the eligible period, delivered an innovative environmental education program or service to schools, students, or the community at large. Media Recognition Award Open to individuals and groups who, during the eligible period, provided significant media coverage of issues of environmental significance in the Lake Simcoe watershed. Conservation Award of Merit Open to individuals and groups who, during the eligible period, demonstrated leadership in conservation by implementing or financing the most significant environmental projects of the year within the Lake Simcoe watershed. Ernie Crossland Young Conservationist Award Open to individuals and groups that are 30 years of age or younger and are involved in a significant leadership role in a conservation project or with a conservation -based group or organization. The work completed must be volunteer work and not part of a paid position. (Please note that additional information is required for nominations for this award.) George R. Richardson Conservation Award of Honour Open to individuals and groups who have demonstrated a lifetime commitment to improving the environmental health of the Lake Simcoe watershed. As this is a lifetime achievement award it can only be presented once to an individual or group. (Please note that additional information is required for nominations for this award.) Please complete this form and return to Dana Eldon,at the Lake Simcoe Region Conservation Authority either by email at d.eldon @lsrca.on.ca or by mail to 120 Bayview Parkway, PO Box 282, Newmarket, ON L3Y 4X1 by Friday, July 29, 2011. Page 284 of 423 13e) - Correspondence dated June 21, 2011 from Paul Brown, L... Ministry of Ministere des Transportation Transports ✓ ' Ontario R� -. JUN 2 2 2011 RRO- MEDONTE TOWNSHIP Information Management Services Oversight Office 2680 Keele Street Building A, Room 178 Downsview, Ontario M3M 3E6 Mr. Douglas Irvin June 21, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDON7 _ 148 Line 7 South, P.O. Box 100 S Oro, ON LOL 2X0 Dear Mr. Irwin: RE: AUTHORIZED REQUESTER AGREEMENT 02703 I am writing in regards to your current Authorized Requester Agreement. As a result of a program review, and in consultation with both the Ontario Privacy Commissioner's Office, the Ministry of Transportation is revising your Authorized Requester Agreement, dated June 6, 2005. The ministry takes the protection of personal information very seriously. The ministry only releases personal address information to clients who meet the ministry's prescribed criteria for the Authorized Requester Program. Agreement clauses pertaining to disclosure, retention and authorized use have been revised as a result of the program review. As a result, the ministry is replacing your current Authorized Requester agreement as per Article 3. Please review the enclosed agreement thoroughly and initial and sign where required, indicating your understanding and compliance with the terms of the new agreement. Please return both copies of the signed agreements to the above address no later than July 25, 2011. Your current agreement and access to the Ministry of Transportation's information products will be terminated if we have not received these new agreements by the due date indicated above. Once signed by a ministry representative, a copy of the new agreement will be returned to you for your files. .../2 Page 285 of 423 13e) - Correspondence dated June 21, 2011 from Paul Brown, L... -2- Please note that in the event of an agreement termination, any remaining funds in your account(s) will be refunded minus a $5.00 administration fee. Should you wish to reapply as an Authorized Requester in the future, please contact us to complete a new ARIS application. A $250 fee will apply. Should you have any questions or require additional information, please call the ministry's Authorized Requester Line at 416- 246 -7112 or 1- 800 - 769 -2419, option 1 Yours sincerely, &--Paul Brown Director Licensing Services Branch Encl. Page 286 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -093 Being a By -Law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers. ( "Towing By- Law ") WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising the authority under the Act; WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, enables a municipality to enact By -Laws for the purpose of business licensing; WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides for Licenses; WHEREAS Section151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may provide for a system of licenses with respect to a business; WHEREAS Section155 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality, in a By -Law under Section 151 with respect to owners and drivers of Tow Trucks and vehicles, other than motor vehicles, used for hire may (a) establish rates of fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and (b) provide for the collection of the rates or fares charged for the conveyance; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte has deemed it expedient to License and regulate towing companies, Tow Truck owners and Tow Truck Drivers. NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte enacts as follows: 1. That the Licensing and Regulation of Towing Companies, Tow Truck Owners, and Tow Truck Drivers shall be governed by the provisions and regulations contained in Appendix "A" and Schedules 1, 2, 3, 4, 5, 6, and 7 attached hereto and forming part of this By -Law. 2. That this By -Law may be cited as the "Towing By -Law" 3. That Towing Companies, Tow Truck Owners, and Tow Truck Drivers operating within the geographical boundaries of the Township of Oro - Medonte shall have six (6) months from the date of this By -Law coming into effect to be licensed in accordance with the provisions of this By -Law. Page 287 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 4. This By -Law shall come into force and effect on the date of its final passing. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 2 of 35 Page 288 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... APPENDIX "A" To By -Law No. 2011 -093 1. DEFINITIONS 1.1. For the purpose of this By -Law: Applicant: means a person or corporation having made an Application pursuant to this By -Law but has not yet been issued a License pursuant to this By -Law. Automobile: means a motor vehicle as defined by the Highway Traffic Act, R.S.O. 1990, Chapter H.B, as amended, (herein referred to as the Highway Traffic Act), but does not include a motorized snow vehicle or streetcar. Business: means a trade, or occupation and includes the sale or hire of goods or services on an intermittent or one -time basis, and any activity or thing a local municipality may license under the Municipal Act, 2001, S.O. 2001, c.25, as amended (herein referred to as the Municipal Act). By -Law: means any By -Law enacted by the Council of The Corporation of The Township of Oro - Medonte. Chief Municipal Law Enforcement Officer: means a person appointed to the position of Chief Municipal Law Enforcement Officer by the Township and their designate. Clerk: means the Clerk for the Township and their designate. Collision: means a vehicle that has been in a collision with another vehicle(s) or that has struck an object or was struck by an object, or that has turned over, and in all such cases, did receive damage or was damaged, or appears to have been damaged and /or was disabled by a fire. Collision scene: means the general location or place where a collision occurred and includes two hundred (200) metres of the location or place of the collision. Collision towing: means the towing of a disabled vehicle as the result of a collision, but does not include the towing of a vehicle as a result of mechanical failure, an impairment, a police seizure, a vehicle fire not involving a collision, or other similar cause, and if the presence of a police officer at the scene of a tow does not define or classify the towing as "collision towing ". Compound: means a Motor Vehicle Storage Yard, fully fenced area with fencing a minimum of six (6) feet high, overhead light which remain on during the dark hours and the lighting is consistent throughout the impound area or an indoor secured facility, accessible on a twenty - four (24) hour basis, with restricted access for pedestrians, with a separate access from any other residential or commercial operation on the property, with a separate office on the same property as the compound, located within the boundaries of the Township of Oro - Medonte and in compliance with the Township's Zoning By -Law. Corporation: means The Corporation of the Township of Oro - Medonte. Council: means the Council for The Corporation of the Township of Oro - Medonte. Page 3 of 35 Page 289 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... Detachment Commander: means the Detachment Commander, Ontario Provincial Police, Barrie Detachment, who is responsible for the effective operation and administrative management of the Detachment in accordance with the Ontario Provincial Police Policy. Employee: means an officer, servant or other employee of the Township, but does not include: a) a member of Council; b) a Council appointee to a local board and whose remuneration from the Township results from their membership on such local board or other body; c) an employee of a local board or other body; or, d) a municipal auditor. Hirer: means a person and /or owner of a vehicle, requiring towing services and who authorizes the service to occur by completing an Authorization Form. Heavy Towing: means any vehicle or combination of vehicles with a gross vehicle weight of a minimum thirty -three (33) thousand pounds (15,000 kilograms) or greater. Licensing Officer: means the Clerk for the Township and their designate. License: means a License issued pursuant to this By -Law. Licensee: means a person who has been issued, and still holds, a current License pursuant to this By -Law but shall not include an Applicant. Maintain: means to be in charge of, or have control of the operation of a business, and shall include the operation of a vehicle. Ministry of Transportation Enforcement Officer: means a designated officer appointed by the Minister of Transportation and any person so appointed has authority to act as a constable throughout Ontario, is appointed as a Provincial Offences Officer and a Peace Officer and has the authority as a Police Officer for the purposes of the Highway Traffic Act and the Compulsory Automobile Insurance Act, R.S.O. 1990, Chapter C.25. Municipal Law Enforcement Officer: means a person appointed to the position of Municipal Law Enforcement Officer by the Township and their designate. Nuisance: means any activity or action which disturbs or is likely to disturb any individual. Office: means an enclosed structure, equipped with a land line telephone, facsimile machine, desk, minimum of two (2) chairs, which is accessible twenty -four (24) hours a day, seven (7) days a week. Officer: means a Municipal Law Enforcement Officer, and /or a Provincial Offences Officer as appointed by the Township. Operate: means to manage, work, control, maintain, put or keep in a functional state any business. Page 4 of 35 Page 290 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... Owner: means the registered owner(s) of the land, premises and /or equipment, or the person or their authorized agent in lawful control of the lands, premises and /or equipment and who permits the operation of any business. Person: means any individual, corporation, partnership, company, association or party and the heirs, executors, administrators, or other legal representative of such person, to whom the context can apply according to law, shall include any group of persons comprising a society or other organization and shall include the plural wherein the context requires. Peace Officer: means a Police Officer or other person employed for the preservation and maintenance of the public peace, or for the service or execution of civil process, or any officer appointed for enforcing or carrying out the provisions of any Federal or Provincial Act. Police Officer: means a sworn peace officer of the Ontario Provincial Police, the Chief of Police or any other Police Officer, including a person who is appointed as a Police Officer under the Interprovincial Policing Act, 2009, S.O. 2009, Chapter 30 (herein referred to as the Interprovincial Policing Act), but does not include a Special Constable, a First Nations Constable, a Municipal Law Enforcement Officer or an Auxiliary Member of a Police Force, as per the Police Services Act, R.S.O. 1990, Chapter P.15 (herein referred to as the Police Services Act). Premises: means land, including any and all buildings or other structures thereon and includes any vehicle or conveyance used in the operation of the Towing Company. Rates: means the agreed rates set out in the Tariff of Rates as identified in Schedule 5 of this By -Law to be periodically reviewed by the Licensing Officer to account for fluctuations, inflation and any /all extreme factors. Shall: is mandatory and not discretionary, words in the singular shall include the plural, words in the plural shall include the singular, words in the present tense shall include future or past tense. Tow: means to remove or impound a vehicle whether or not such towed vehicle is intact or in an inoperable condition, by means of a Tow Truck or a flatbed truck also known as a tilt and load vehicle. In the absence of any evidence to the contrary, the tow will be deemed to originate in the Township. Township: means The Corporation of the Township of Oro - Medonte. Towing Company: means a person who owns a Tow Truck or has possession or control of a Tow Truck under an installment purchase agreement, a rental agreement, or other agreement. Tow Truck: means a motor vehicle used for hire for towing or otherwise conveying vehicles, whether or not such towed or conveyed vehicle is intact or in an inoperable condition, shall include but is not limited to vehicles that tow or convey by way of a flatbed truck, tilt and load, hoist, dolly, pulleys, chains or other similar items. Tow Truck Driver: means the person responsible for the care and operation of the Tow Truck and services related thereto. Vehicle: means a motor vehicle as defined by the Highway Traffic Act, as amended, but does not include a motorized snow vehicle or streetcar. Page 5 of 35 Page 291 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 2. PURPOSE 2.1 The Council of The Corporation of the Township of Oro - Medonte considers it desirable and necessary to license, regulate or govem owners and drivers of Tow Trucks for the purposes of: a) Health and safety, to encourage safe maintenance and operational practices for owners and drivers, to ensure accountability for health and safety issues. b) For the purpose of consumer protection, to encourage equal, fair and courteous treatment of passengers, drivers and owners. d) To protect the property of passengers, to ensure competence of owners and drivers in providing Tow Truck services. e) To promote accountability, to ensure consistency in the Application of rates charged, to support proper and good practices, for the purpose of nuisance control. f) To promote professional behaviour and fair dealing among participants in the business, to ensure courteous treatment, and to limit or mitigate unsightliness, unnecessary noise, nuisance or disruption for passengers, drivers, owners and the general public. 3. GENERAL PROVISIONS 3.1 Requirement for a License a) Every person carrying on, conducting, operating, maintaining, keeping and engaging in any activity as a Tow Truck owner and /or a Tow Truck Driver, shall be required to obtain a License to do so from the Licensing Officer. b) A person shall be acting as the driver or owner of a Tow Truck if that person conveys or seeks to convey, for hire, or holds themself out, by their actions or words, as being available to convey, for hire, a vehicle from a point within the Township, to either a point also from within the Township, or any point beyond its limits whether such conveyed vehicles are intact or inoperable. c) An unlicensed owner and driver are both exempt from Subsections 3.1 a) and 3.1 b) if such owner and driver are based outside the licensing boundary of the Township and they are in the process of towing a vehicle and that specific service originated from outside the geographic boundary of the Township. d) Unless provided otherwise in this By -Law a person who is the owner of more than one Tow Truck shall take out a separate License for each Tow Truck owned by them which is to operate in the Township. e) The person who is the owner of more than one Tow Truck shall not remove and affix an issued owner's plate between Tow Trucks. f) No person shall be licensed under this agreement unless they are at least eighteen (18) years of age and a citizen of Canada or a landed immigrant, or has a valid employment authorization issued by the Government of Canada to work as a driver or owner and has a working knowledge of English. g) The provisions of subsection 3.1 f) do not apply to a corporation. h) No person shall publish or cause to be published any representation that they are licensed under this By -Law if they are not. Page 6 of 35 Page 292 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 3.2 Application for a License - General a) Any person required to obtain a License pursuant to this By -Law shall apply in writing on the appropriate Application as set out as Schedule 1, 2 or 3 of this By -Law, and shall deposit, at the time of Application, with the Licensing Officer, all required License Fees as set out Schedule 4 to this By -Law for each category, as well as any required approvals, inspections or documentation required by the provisions of this By -Law or as deemed necessary by the Licensing Officer. b) The Licensing Officer shall not issue a License until: all required approvals and inspections have been obtained by the applicant; ii) all required documentation has been provided; and iii) all License fees have been paid in full. C) There shall be a separate Application for each Towing Company, Tow Truck and Tow Truck Driver to be licensed. d) The applicant shall comply with any and all requirements as set out in this By -Law as well as any other provisions which may govern the business, place or premises used in the carrying on of the business and /or the persons carrying on the business or engaged in it and to which the Application pertains. e) The Licensing Officer, upon receipt of the Application for a License may make, cause to be made, or request, any additional documents, investigations or inspections to be made in respect of such Application for a License as the Licensing Officer deems appropriate or is in the interest of the general public, and any costs incurred for such inspection or documents shall be at the applicant's expense. Any License issued may be subject to such terms and conditions as the Licensing Officer may prescribe. g) Except as may otherwise be specified in this By -Law, every License shall expire one year from the date from the day it was issued. h) A renewal License shall follow the same process as a new License but will be identified as a renewal on the Application. i) If the applicant is a corporation, a copy of the incorporating document shall be provided. j) If the applicant is a registered partnership, a copy of the registered declaration of partnership shall be provided. k) In regards to 3.2 i) or 3.2 j), a record of all offences for which there has been a conviction registered against the applicant under any By -Law, provincial statute or federal statute, either as an individual applicant or as a partnership applicant, directors or shareholders or officers of the corporate applicant, such record issued within 60 days of the date of the Application received by the Licensing Officer shall be provided. Upon being satisfied that the applicant is entitled to obtain a License under the provisions of this By -Law, the Licensing Officer shall prepare and issue a License to the said applicant. Page 7 of 35 Page 293 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 3.3 Application for a Towing Company 3.3.1 The applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) A duly completed Application form as set out as Schedule 1 of this By -Law. b) Payment of the appropriate fees as set out as Schedule 4 of this By -Law. C) Proof of Commercial General Liability Insurance obtained and kept in force during the term of the License issued, satisfactory to the Township, be written by an insurer licensed to conduct business in Canada and include but not be limited to the following: i) A limit of liability of not less than five million ($5,000,000.00) for each occurrence. ii) The Township shall be named as an additional insured. iii) The policy shall contain a provision for cross liability in respect of the named insured. iv) Non -owned automobile coverage with a limit of at least five million ($5,000,000.00) including contractual non -owned coverage. V) Products and completed operation coverage (Broad Form) with an aggregate limit not less than five million ($5,000,000.00). vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest Clause, Contractual Liability - Oral & Written, Contingent Employer's Liability, Employer's Liability, Broad Form Property Damage and Pollution From A Hostile Fire. vii) That thirty (30) days prior notice of an alteration, cancellation or material change in policy terms which reduces coverage's shall be given in writing to the Township. d) Proof of a standard Automobile Policy with limits no less than five million ($5,000,000.00) in respect of each owned or leased licensed vehicle to be obtained and kept in force for the duration of this contract automobile. e) Proof of Goods and Services Tax (GST) registration or Harmonized Sales Tax (HST) registration. f) A written Statement of Rates and Charges for all services provided by the Towing Company to the Licensing Officer. The Licensee shall ensure that no other rates or charges are demanded or received by any Tow Truck Driver. The Statement of Rates and Charges will be periodically reviewed by the Licensing Officer and Tow Truck Companies to ensure mutually agreed upon rates. g) Any changes in the Statement of Rates and Charges shall be filed with the Licensing Officer 90 (ninety) days prior to the new Statement of Rates and Charges taking effect. h) A completed Occupational Health and Safety Statutory Declaration Form as set out as Schedule 7 of this By -Law. i) A Criminal Record Check obtained from a Police enforcement agency, dated within 30 days of the date of receipt of the Application, including, if applicable, a Vulnerable Sectors Check for each owner of the Towing Company. Page 8 of 35 Page 294 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... j) Any other required inspections, approvals or documents as required by the Licensing Officer. 3.4 Application for a Tow Truck 3.4.1 The applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) A duly completed Application form as set out as Schedule 2 of this By -Law. b) Payment of the appropriate administrative fee as set out as Schedule 4 of this By -Law. C) The vehicle's make, model, year and Vehicle Identification Number for each vehicle to be licensed as a Tow Truck. d) Proof of a standard Automobile Policy with limits no less than five million ($5,000,000.00) in respect of each owned or leased licensed vehicle to be obtained and kept in force for the duration of this contract automobile. e) A copy of the certificate of insurance for the Tow Truck for which they are the owner. The Township shall be given at least ten (10) days' notice, in writing, of the cancellation or expiration or variation in the amount of the policy and insuring each such Tow Truck have a minimum of the following amounts: i) In respect to any one claim, in the amount of at least five million ($5,000,000.00) exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property. ii) In respect of any one claim, in the amount of at least two hundred thousand ($200,000.00) against liability for damage to a customer's motor vehicle while in their care, custody or control and caused by collision, upset, fire, lightning, theft or attempt theft, malicious mischief, windstorm, hail, explosion, riot, civil commotion or rising water. iii) In respect of any one claim, cargo liability insurance in the amount of at least one hundred thousand ($100,000.00) to indemnify the applicant against loss by reason of their legal liability indirect physical loss or damage to vehicles and other items of property accepted by the applicant for towing or conveyance. f) A valid and current Motor Vehicle Permit issued by the Ministry of Transportation issued in the applicant's name for each Tow Truck being licensed. g) The Ontario License plate number as issued by the Ministry of Transportation. h) A Ministry of Transportation Annual Inspection Certificate issued under the Highway Traffic Act showing that the Tow Truck has been inspected within the previous sixty (60) days of the date that the Application has been received by the Licensing Officer. i) A Ministry of Transportation Safety Standards Certificate issued under the Highway Traffic Act within the previous sixty (60) days of the date that the Application has received by the Licensing Officer. j) A Vehicle Inspection letter from a Certified Master Installer to demonstrate that the Tow Truck complies with Transport Canada Regulations for the Towing of Vehicles. Page 9 of 35 Page 295 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... k) Proof of speed governing at one hundred and five (105) kilometers per hour for trucks registered over eleven thousand, seven hundred and ninety -four (11,794) kilograms for vehicles manufactured in 1995 or later. 1) Certificate of Inspection that the Tow Truck complies with the National Safety Mark under the Motor Vehicle Safety Regulations or a Certificate that the Tow Truck to be licensed is exempt. m) A letter identifying that front line service Tow Trucks are no older than fifteen (15) years and reserved service Tow Trucks are no older than twenty (20) years. n) In the case of a Tow Truck which is not owned by the Towing Company, the registered owner's name and address, the vehicle identification number and the Ontario License plate number as issued by the Ministry of Transportation for each vehicle to be used as a Tow Truck. o) If a Tow Truck is a leased vehicle, the applicant shall provide a copy of the lease agreement for each of leased Tow Truck being licensed. p) A Tow Truck License may be reissued by the Licensing Officer for the replacement vehicle where a person holds a valid Township License under this section for the current year, where such person certifies that the Tow Truck licensed under this section has been removed from service and is being replaced by another vehicle to be operated as a Tow Truck, and upon submission all documents required under this By -Law. q) Any other required inspections, approvals or documents as required by the Licensing Officer. 3.5 Application for a Tow Truck Driver 3.5.1 The applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) A duly completed Application form as set out as Schedule 3 of this By -Law. b) Payment of the appropriate administrative fee as set out as Schedule 4 of this By -Law. C) The applicant's original Ontario Driver's License with a minimum Class G designation with no driving restrictions. d) An Ontario Driver's License abstract obtained from the Ministry of Transportation and dated within 30 days of the date of receipt of the Application. e) A Criminal Record Check obtained from a Police enforcement agency and dated within 30 days of the date of receipt of the Application, including, if applicable, a Vulnerable Sectors Check. f) Documentation to the satisfaction of the Licensing Officer from the owner of the Towing Company for whom the applicant is to provide services as a Tow Truck Driver confirming that the applicant is employed by or otherwise authorized to provide services as a Tow Truck Driver for the said Towing Company. g) A statement in writing if they have any pecuniary interest either directly or indirectly, in a vehicle pound, yard or building used for the storage or impounding of vehicles, a vehicle body shop or other kind of public garage or any other yard, shop, building or place used for the storage, repair or servicing of vehicles, and provides and files with a Licensing Officer full information as to the location and the type of facilities in which they have an interest and the nature and extent of the interest. Page 10 of 35 Page 296 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 3.6 Duties of Licensing Officer a) Upon receipt of a complete Application including required documentation and the appropriate fees have been paid, the Licensing Officer may prior to the issuance of any such License: i) make any inquiries to any municipal employee(s) who has carried out inspections relative to the Application. ii) receive reports from such municipal employee(s) as may be deemed necessary. iii) inquire into all relevant matters in order to ascertain if the applicant is entitled to a License under the provisions of this By -Law. b) Where the Licensing Officer is satisfied that the applicant is entitled to obtain a License under the provisions of this By -Law, the Licensing Officer shall prepare and issue a License to the said applicant. c) Where the Licensing Officer is not satisfied that the applicant is entitled to obtain a License under the provisions of this By -Law, the Licensing Officer shall prepare a written notice to the said applicant outlining the said reasons. The notice shall include a statement that the applicant has the right to appeal the decision of the Licensing Officer to Council. 3.7 Administration Fees a) Administration fees, as set out in Schedule 4 of this By -Law are to be paid prior to the issuance of a license. b) An administration fee as set out in Schedule 4 shall apply to the following: i) In the event that a License issued under this By -Law is lost or destroyed, the Licensing Officer upon satisfactory proof of such loss or destruction, and upon payment of an administration fee, the Licensing Officer shall issue a duplicate of the original License, upon which shall be stamped or marked the word "DUPLICATE ". ii) Where ownership of an business is not changed or affected but such the operating name of a business changes, the Licensee shall immediately notify the Licensing Officer and upon payment of an administration fee and being satisfied that there have been no other changes in the circumstances of the licensed business, the Licensing Officer may issue a replacement of the original License. The Licensee shall return and surrender their License in order to affect such a change. 3.8 Change of Ownership a) Every Licensee shall, upon change of ownership of the licensed business return and surrender their current License to the Licensing Officer. The new owner shall make Application for a new License as set out in this By -Law. 3.9 Change of Premises or Location a) Where a currently licensed business changes location or premises, such new location or premises shall not be deemed to be licensed. The applicant must immediately make Application for a new License under the provisions of this By -Law and shall surrender to the Licensing Officer the License issued in respect of their previous location or premises. Page 11 of 35 Page 297 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 3.10 Licenses Personal a) No person shall enjoy a vested or property right in any License or the continuance of any License and such License and such rights shall remain the property of the Township. b) Licenses are not transferable. 4. INSPECTION a) The Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual may at all reasonable times, inspect or cause to be inspected the premises, facilities, equipment, vehicles, and other property used or kept for hire in connection with the carrying on of a business which is licensed or which is required to be licensed pursuant to this By -Law. b) The Licensing Officer may waive the requirement for any inspection, approval or documentation as may be required pursuant to this By -Law where such inspection, approval or documentation is not applicable to the carrying on of the business which is licensed or required to be licensed under this By -Law. 5. POSTING OF LICENSE a) Any License issued under this By -Law shall be prominently and conspicuously posted on the licensed truck at all times, is required to be shown by the Tow Truck Driver to the hirer prior to the commencement of any work and is required to be produced by the Towing Company owner if requested. 6. REFUSAL TO GRANT A LICENSE 6.1 The Licensing Officer may refuse to grant or issue a License to any applicant who: a) Has breached this By -Law in the past. b) Has failed to comply with the requirements of this By -Law or other applicable By -Laws of the Township or any Local Board thereof, or any Statute, Order - in- Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the applied for licensed activity of the business, vehicle or premises used or for hire in connection with the License activity. C) Has any outstanding fines imposed under the Provincial Offences Act R.S.O. 1990, Chapter 33, as amended, (herein referred to as the Provincial Offences Act), for the contravention of any provision of this By -Law, or any other municipal By -Law or Provincial statute where such fine is associated with an offence arising out of the conduct, operation or activity within or in conjunction with such business. d) The applicants Ontario Driver's License is currently suspended, prohibited or restricted due to either a Court Order, or the result of a conviction for an offence under the Criminal Code or the result of a conviction for an offence under any Provincial Statute. e) Has not paid the fees as set out in Schedule 4 of this By -Law. 6.2 The Licensing Officer may refuse to grant a License to any applicant where the Licensing Officer believes it is in the public interest to do so. Page 12 of 35 Page 298 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 6.3 The Licensing Officer may refuse to grant a License to any applicant where the Licensing Officer has received three substantiated written complaints in one licensing year regarding the applicant. 7. SUSPENSION /REVOCATION 7.1 The Licensing Officer may suspend or revoke a License issued to any Licensee who: a) Has breached this By -Law in the past. b) Has failed to comply with the requirements of this By -Law or other applicable By -Laws of the Township or any Local Board thereof, or any Statute, Order - in- Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the applied for licensed activity of the business or premises, facilities, equipment, vehicles and other property used or kept for hire in connection with the License activity. C) Has any outstanding fines imposed under the Provincial Offences Act for the contravention of any provision of this By -Law or any other municipal By -Law or Provincial statute where such fine is associated with an offence arising out of the conduct, operation or activity within or in conjunction with such business. d) Has their Ontario Driver's License suspended, prohibited or restricted due to either a Court Order, or the result of a conviction for an offence under the Criminal Code or the result of a conviction for an offence under any Provincial Statute. 7.2 The Licensing Officer may suspend or revoke any License issued to any applicant where the Licensing Officer believes it is in the public interest to do so. 7.3 The Licensing Officer may suspend or revoke a License to any applicant where the Licensing Officer has received three substantiated complaints in one licensing year regarding the applicant. 7.4 Any suspension of a License may be subject to such terms and conditions as the Licensing Officer may prescribe. 7.5 No person shall operate any Towing Company, Tow Truck or act as a Tow Truck Driver contrary to any License suspension, or terms and conditions thereto, or where such License has been suspended or revoked. 8. NOTICE AND APPEAL 8.1 Where the Licensing Officer refuses to issue, suspends, imposes conditions onto a License, or revokes a License, the Licensing Officer shall notify the applicant in writing of such decision. The Notice of Decision shall set out: a) The grounds upon which the issue of the said License is refused, suspended, conditions are imposed or revoked. b) That the applicant or Licensee may appeal such decision to Council by filing with the Clerk an appeal, in writing, of the said decision within fifteen (15) business days of being notified of the decision of the Licensing Officer. C) A statement that if no such appeal is received by the Clerk within fifteen (15) business days of being notified of the decision of the Licensing Officer, that the applicant or Licensee shall not be entitled to any further notice of proceedings. Page 13 of 35 Page 299 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 8.2 Upon receipt of an appeal from the applicant or Licensee the Clerk shall: a) Fix a date and time for such matter to be considered by Council. b) Send a Notice of Hearing to the applicant or Licensee by registered mail at the last address as shown in the records of the Licensing Officer and to any other person who has applied to be heard with regard to the matter at least fifteen (15) business days prior to the date and time fixed for such hearing. 8.3 Where the Clerk does not receive an appeal from an applicant within fifteen (15) business days, the Licensing Officer need not process the Application further, no further notice is required to be served on the applicant, and no refund of any fees paid is required. 8.4 At the Hearing, Council may: a) Receive a written report from the Licensing Officer or anyone who may be involved in the matter being considered by Council. b) Afford an opportunity to the applicant or Licensee, either personally or through their agent or solicitor, to present such material and evidence relevant to the issue before Council and may ask questions of any person presenting evidence or a report to Council relevant to the said issue. c) Afford any other person who requests to be heard and who appears to have an interest in the matter under discussion, an opportunity to present material and evidence relevant to the issue before Council and to ask questions of any person presenting evidence or a report to Council relevant to the said issues. 8.5 Council, in considering whether or not to grant, refuse, revoke or suspend a License shall have regard to the following: a) Whether or not the applicant or Licensee and the compound, Tow Truck and /or Tow Truck Driver in connection with the carrying on of a business which is licensed or which is required to be licensed, pursuant to this By- Law, complies with all requirements of this By -Law. b) Whether or not the applicant or Licensee has failed to promptly remedy any reasonable concern with regard to those matters set out in this By -Law or has committed past breaches of this By -Law. C) Whether or not the applicant or Licensee has failed to comply with any requirements of any other applicable By -Law of the Township or Local Board thereof, or any Statute, Order -in- Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the licensed activity. d) Whether or not the applicant or Licensee has any outstanding fines imposed under the Provincial Offences Act for the contravention of any provision of this By -Law. e) Whether or not the applicant's or Licensee's Ontario Driver's License has a legal restriction resulting from either a Criminal Charge or a Criminal Conviction. 8.6 Where an applicant has been referred to the Council for a hearing and the applicant does not attend before the Council at the time and place of which notice has been served upon such applicant, the Council may hold a hearing in the absence of the applicant or may decide to take no further action with respect to the Application, and no further notice is required to be served upon the applicant. Page 14 of 35 Page 300 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 8.7 Council may, after the appropriate hearing is conducted, grant a License, refuse to grant a License, revoke a License, suspend a License or impose conditions on a License, and may make any suspension of License subject to such terms or conditions as Council may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the applicant or Licensee. 8.8 The decision made by Council shall be confirmed in writing by the Chair of the Council meeting and shall be mailed to the applicant or Licensee at their last address as shown in the records of the Licensing Officer, to any person who has appeared before Council and requested that a copy of the decision be provided to them, and to the Licensing Officer. 9. DUTIES OF A TOWING COMPANY, TOW TRUCK OWNER AND TOW TRUCK DRIVER 9.1 Every licensed Towing Company shall: a) Provide and maintain a suitable office for the purpose of dispatching and administration of the Towing Company, within the compound as permitted in the Township's Zoning By -Law. b) Ensure that they are able to provide 24 hour Tow Truck service to the public for each day of the year. C) Ensure compliance, with Sections 9.2 and 9.3 of this By -Law for any Tow Truck owner and Tow Truck Driver operating on the Towing Company's behalf where applicable. d) Provide telephone and radio dispatching equipment and facilities in proper working condition. e) Permit to be operated only a Tow Truck with a gross vehicle weight rating of at least 4,536 kg (10,000 Ibs.). f) Ensure that every driver of a Tow Truck is the holder of valid Ontario Driver's License issued to them by the Ministry of Transportation for the Province of Ontario and that such License is valid at all times which such driver is engaged in driving any Tow Truck used by the Licensee. g) Submit such Tow Truck for safety inspection annually or as otherwise required by the Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual under the provisions of the Highway Traffic Act as necessary, and such valid and current Safety Standards Certificate issued pursuant to the Highway Traffic Act shall be filed with the Licensing Officer. h) Maintain with the Licensing Officer at all times, a list of Tow Truck Drivers who will drive Tow Trucks on behalf of the Towing Company and shall notify the Licensing Officer within two (2) business days of the termination of employment of a driver licensed pursuant to this By -Law. i) Ensure due performance and observance of all the provisions of this By -Law by themselves and by their employees and all other persons in or upon the premise which is licensed under the provisions of this By -Law. j) Use only stationery, forms, bills, invoices, statements and any other printed or written advertising material including any published advertisement in a newspaper, periodical, directory or other publication, which has printed therein in clearly legible figures and letters their name and address. Page 15 of 35 Page 301 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... k) Not make representation in any form that the Towing Company, Tow Truck Owner or Tow Truck Driver has the endorsement of the Township, the Ontario Provincial Police or any other Police Agency except with the written permission from the Township, the Ontario Provincial Police or any other Police Agency. 1) Have attached to or painted on both sides of the body of the Tow Truck in a location approved by a Licensing Officer, in letters and figures not less than eight centimetres (approximately three inches) in height, the name and telephone number as shown on the Towing Company's License. Where the Towing Company owner owns more than one truck, a number identifying each Tow Truck. m) Only use the service of a Tow Truck Driver who is licensed as a driver under this By -Law. n) Make all facilities and /or equipment available for inspection at any time requested by the Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual. o) Strictly control access to the compound at all times. P) Be entirely responsible for the repair of any damage to any impounded vehicle caused during the impoundment period. 9.2 Every licensed Tow Truck owner shall: a) Maintain the interior and exterior in good repair and keep the Tow Truck in a clean and sanitary condition at all times. b) Ensure that the Tow Truck Driver operating on their behalf charge the rates for services permitted by the provisions of this By -Law. C) Ensure that the Tow Truck Driver operating on their behalf charge the rates filed with a Licensing Officer for towing and for services beyond those services stipulated in this By -Law. d) Ensure that the Tow Truck Driver operating on their behalf keeps an orderly record of all calls answered by Tow Trucks owned by them. e) Ensure that they are able to provide 24 hour Tow Truck service to the public for each day of the year. f) Provide telephone and radio dispatching equipment in proper working condition. g) Permit to be operated only a Tow Truck with a gross vehicle weight rating of at least 4,536 kg (10,000 Ibs.). h) Ensure that every driver of a Tow Truck shall be familiar with the provisions of this By -Law, the laws and regulations relating to traffic and the geography of the Township. i) Ensure that every driver of a Tow Truck is the holder of valid Ontario Driver's License issued to them by the Ministry of Transportation for the Province of Ontario and that such License is valid at all times which such driver is engaged in driving any Tow Truck used by the Licensee. j) Submit such Tow Truck for safety inspection annually or as otherwise required by the Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual under the provisions of the Highway Traffic Act as necessary, and such valid and current Safety Standards Certificate issued pursuant to the Highway Traffic Act shall be filed with the Licensing Officer. Page 16 of 35 Page 302 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... k) Maintain with the Licensing Officer at all times, a list of Tow Truck Drivers who will drive Tow Trucks on behalf of the Tow Truck owner. 1) Not make representation in any form that the Towing Company, Tow Truck Owner or Tow Truck Driver has the endorsement of the Township, the Ontario Provincial Police or any other Police Agency except with the written permission from the Township, the Ontario Provincial Police or any other Police Agency. m) Be responsible for the due performance and observance of all the provisions of this By -Law by themself and all other persons operating the Tow Truck on their behalf, which is licensed under the provisions of this By -Law. n) Use only stationery, forms, bills, invoices, statements and any other printed or written advertising material including any published advertisement in a newspaper, periodical, directory or other publication, which has printed therein in clearly legible figures and letters their name and address. o) Have attached to or painted on both sides of the body of the Tow Truck in a location approved by a Licensing Officer, in letters and figures not less than eight centimetres (approximately three inches) in height, the name and telephone number as shown on the owner's License. Where the Towing Company owner owns more than one truck, a number identifying each Tow Truck. p) Only use the service of a Tow Truck Driver who is licensed as a driver under this By -Law. q) Have affixed to the Tow Truck in a location approved by a Licensing Officer the owner's plate issued for that Tow Truck. r) Give written notice of the sale or other disposition of a Tow Truck to the Licensing Officer within seven (7) days of any such sale or disposition. S) Accept full responsibility for the acts and omissions of any driver or other employee to the extent that any such acts or omissions do not comply with the provisions of this By -Law. t) Advise the Licensing Officer, within 10 days, of any change in any License plate issued by the Ministry of Transportation to a Tow Truck licensed by the Township pursuant to either this or any other By -Law. 9.3 Every licensed Tow Truck Driver shall: a) Maintain the interior and exterior in good repair and keep the Tow Truck in a clean and sanitary condition at all times. b) Comply with all reasonable instructions from the hirer. C) Take due care of all vehicles and property delivered or entrusted to them for towing. d) Be civil and behave courteously. e) Keep an orderly record of all calls answered by them showing date, time, service starting location, destination, finishing kilometers at the destination, Tow Truck vehicle License number and the name of the driver, type of service provided and remuneration collected. The records shall be retained for a period of 12 months from date of entry and shall be open for inspection by any Municipal Law Enforcement Officer, Police Officer or other duly appointed individual at any reasonable time and may be removed by such Municipal Law Enforcement Officer, Police Officer or other duly appointed individual and retained for any reasonable period of time. Page 17 of 35 Page 303 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... f) Before demanding payment for services, present to the hirer an itemized bill for the services setting out the cost of all services and equipment provided or to be provided on the basis of the rate set out in the Tariff of Rates as identified as set out in Schedule 5 of this By -Law and as submitted to the Licensing Officer. g) Keep in the Tow Truck and show to the hirer a copy of a tariff card showing the collision rates, as per Schedule 5 of this By -Law, the applicable rates filed with the Licensing Officer for non - collision rates and also showing, if applicable, that the hirer may be charged additional fees for storage by the operator of any storage facility or business to which the hirer's vehicle is to be towed. h) Operate only a Tow Truck with a gross vehicle weight rating of at least 4,536 kg (10,000 Ibs.). i) Operate only a Tow Truck which has all of the following equipment in a good state of repair: i) A winching or hoisting device of sufficient capacity to lift safely the vehicle to be towed. ii) Wheel lift or an underlift equipped and maintained in a manner to ensure the safe lifting and conveying of a vehicle to be towed. iii) One device for securing the steering wheel of a vehicle. iv) One dry chemical fire extinguishers having an effective total rating equivalent to at least 4 -B C, and weighing at least 2.27 kg (approximately 5 Ibs.). V) A minimum of two tow safety chains having a minimum length of 2.7432 metres (approximately 9 feet) each with links of at least 7.9375mm steel (5/16 inches). vi) Three (3) safety pylons. vii) An intermittent amber warning light system consisting of at least one light which would be clearly visible in all directions for a distance of least 100 metres (approximately 328 feet). viii) A broom. ix) A shovel. x) A general purpose first aid kit. A) At least one (1) wheel blocks. xii) Flares or reflector kits. xiiii) Wheel wrenches. xiv) Light bar for a rear extension carrier. xv) A dolly or flatbed truck. xvi) A safety vest. xvii) Any other equipment as may be required under the Highway Traffic Act. Page 18 of 35 Page 304 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... xviii) Any equipment the Tow Truck Driver deems necessary and appropriate. j) Produce trip records upon the request of any Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual. k) Drive the Tow Truck which is towing or otherwise conveying a vehicle by the most direct route to the destination requested by the hirer, and in the most expeditious manner, unless otherwise directed by the hirer. 1) Drive the Tow Truck to a compound appropriately zoned by the Township by the most direct route unless the hirer requests that the vehicle be delivered elsewhere. m) Take due care of all property delivered or entrusted to them and accepted by them for conveyance or safekeeping. n) With the gained approval of the Investigating Police Officer, clean up any debris, fragments of glass, vehicle parts or other materials and which may be a danger to the public from any highway or roadway prior to towing the vehicle from the collision scene. o) Retain all Towing Authorization Forms for at least ninety (90) days from the tow date indicated on the Towing Authorization Form and make them available for inspection upon request by a Police Officer or Licensing Officer. p) Where the hirer refuses to sign the Towing Authorization Form, the driver must indicate such on the form and retain this form for at least ninety (90) days from the tow date indicated on the Towing Authorization Form and make it available for inspection upon request by a Police Officer, or a Licensing Officer. q) Place their Tow Truck Driver's photographic identification card, as issued by the Township pursuant to the provisions of this By -Law, in such a manner in the Tow Truck they are driving as to be conveniently seen and read by passengers. r) Punctually keep all their appointments and engagements resulting from calls and shall, unless the Tow Truck they are driving has been previously engaged, serve at any place within the Township and at any specified time, whether by day or night, any person who may lawfully require their Tow Truck and they shall not neglect to fulfill their appointments or engagements except for reasons beyond their control. S) Upon request of any passenger, give in writing their name and number of the License issued to them under the provision of this By -Law. t) Provide a full recovery service for any and all loads dumped at a collision scene in accordance with any applicable legislation. U) Provide the hirer, after providing proof of ownership of the vehicle, the opportunity to remove any personal property left in the vehicle and itemize those items on the Authorization Form as set out in Schedule 6 of this By- Law. 10.5 Every Tow Truck Owner and Tow Truck Driver shall be prohibited from: a) Using any vehicle as a Tow Truck unless such vehicle has been licensed under the provisions of this By -Law. b) Providing any service or operating as a Tow Truck Driver for any Towing Company which is not licensed under the provisions of this By -Law. Page 19 of 35 Page 305 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... C) Receiving dispatched calls from a Towing Company unless such Towing Company is licensed under the provisions of this By -Law. d) Commencing to tow or otherwise convey or move any vehicles, hook, lift or connect the vehicle to the Tow Truck unless the Tow Truck Driver has completed a Towing Authorization Form, provided the form to the hirer, and the form has been dated and signed by the hirer and the driver has provided a copy of the completed form to the hirer. e) Commencing to tow or otherwise convey or move any vehicle, or hook, lift or connect the vehicle to the Tow Truck, or perform any other services unless first requested to do so by a hirer, a Police Officer, any member of a Municipal Fire Department, or any person authorized by law to direct the removal of the vehicle from private or public property. f) Altering the Towing Authorization Form. g) Charging any fare or rate which is contrary to those stipulated in this By- Law or approved by the Licensing Officer. h) Stopping, or parking within two hundred (200) metres (approximately 656 feet) of a collision scene. This provision does not apply where the Tow Truck Driver has been summoned to the location of the collision by one of the persons referred to in subsection 10.5 e) of this By -Law or where there are fewer Tow Trucks at the collision scene than vehicles apparently requiring the services of a Tow Truck. i) Asking or seeking out a hirer or allowing or directing an agent to ask or seek out a hirer, at a collision scene or within two hundred (200) metres (approximately 656 feet) of a collision scene, where the actions of the driver or agent constitute a nuisance. j) Towing or otherwise conveying or moving any vehicle which is to be towed outside of the Township unless it is to a compound authorized by the Township or it is requested by the owner or operator of the vehicle, a Police Officer or member of the Municipal Fire Department. k) Driving or acting as a driver unless the registered owner or where applicable, the lessee, of the Tow Truck is licensed under this By -Law. 1) Remaining at the scene of a tow after a Police Officer or member of a Municipal Fire Department at the scene has requested that the driver leave the scene immediately. m) Interfering with any contract for hiring of a Tow Truck where a person has hired or has indicated their intention to hire a Tow Truck. n) Inducing any person to employ or hire a Tow Truck by making any false representations to any person, including representations regarding the location of, or distance to, any place. o) Using or permitting to be used, a Tow Truck which has been found to be unsafe or defective after examination and inspection as required under this By -Law. p) Demanding or requesting payment for their services other than in accordance with the applicable schedule of rates filed with a Licensing Officer. q) Demanding or requesting or receiving a drop fee. Page 20 of 35 Page 306 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... r) Charging a hirer for time lost through defects or inefficiency of the Tow Truck, or the incompetence of the Tow Truck owner or driver. S) Suggesting or recommending to any hirer that any motor vehicle in respect of which their services are to be given or requested, be towed, conveyed, driven or delivered to any particular salvage yard, body shop, storage yard or any other public garage, building or place, unless they have been requested to do so by the hirer. Permitting a person to be a passenger in a Tow Truck, except under the following circumstances: i) the passenger is the hirer of the Tow Truck. ii) the passenger is either the spouse, son, daughter or parent or similar relation in law of the Tow Truck Driver, and in such cases, the driver is not to solicit a tow, engage in any form of towing or have their Tow Truck within two hundred (200) metres (approximately 656 feet) of the collision scene, nor shall the driver cause or permit their passenger to solicit a tow or take any actions to engage in any form of towing while the passenger is in the Tow Truck. iii) the passenger has been issued a temporary License and is receiving instructions on driver training as to the operation of a Tow Truck while a passenger. iv) the passenger is the owner of the Tow Truck or Towing Company. V) Is exempt under the provisions of Section 11.4 of this By -Law. u) Soliciting any person to take or use the Tow Truck they are driving by calling out or shouting or employ or allow any runner or other person to assist or act in concert with them in obtaining any business. The person wishing to use or engage the Tow Truck shall be left to choose without interception or solicitation. V) Obstructing the use of any sidewalk, make any loud noise or disturbance, use any abusive language, annoy or insult any person whatsoever. w) Parking, stopping or otherwise standing the Tow Truck contrary to any Township By -Law except while actually at the vehicle and engaged in services as provided by such driver. X) Smoking in contravention of any Township By -Law regarding smoking or any other applicable legislation, whichever is the most restrictive. Y) Falsely representing themselves as an employee of the Ontario Provincial Police, any other Police Agency or the Township, in any manner. Z) Operating a Tow Truck at any time where such vehicle being operated as a Tow Truck does not meet, or if put to an inspection, could not pass the Safety Standards established pursuant to the Highway Traffic Act. aa) Permitting any Tow Truck Driver to drive any Tow Truck unless such Tow Truck Driver is licensed under the provisions of this By -Law. bb) Permitting any person to dispatch calls on behalf of the Towing Company or to a Tow Truck unless such company or vehicle is licensed under the provisions of this By -Law to do so. Page 21 of 35 Page 307 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... cc) Breaching or violating or causing, suffering, or permitting any breach or violation of any By -Law of the Township, or any Statute, Order -in- Council, or Regulation of the Legislature of the Province of Ontario or the Parliament of Canada or any Agency, Board or Commission thereof, in, upon, or in connection with the vehicle or activity for, or in relation to which the License has been issued. dd) Causing, suffering or committing any nuisance to arise in, on, or in connection with the vehicle or activity for which the License has been issued. ee) Operating or allowing to operate a Tow Truck that exceeds the manufacturer's gross vehicle axle rating (G.V.A.R.). ff) Acting, or permitting to act, as a spokesperson to the media on behalf of Police, the Township, any persons or agencies, on all matters occurring, or have thought to be occurring, within a collision scene. 11. HEAVY RECOVERY TOWING / HEAVY RECOVERY FIRM 11.1 A Towing Company shall be deemed to be a Heavy Recovery Towing or Heavy Recovery Firm if the Towing Company: a) Owns or has immediate access to and ability to operate a minimum of one (1) rotating recovery Tow Truck with a forty (40) ton minimum manufacturer rated boom. b) Owns or has immediate access to and ability to operate a minimum of two (2) additional heavy recovery units with a twenty -five (25) ton minimum manufacturer rated boom. C) Utilizes manufacturer rated safety chains appropriate to the size of the recovery unit. d) Owns or has immediate access to replacement tractors available at all times. e) Owns or has immediate access to load floats and /or detachable floats and replacement van trailers at all times. f) Is able to provide an appropriate indoor facility for the storage of vehicles for investigational purposes which is deemed appropriate by any investigating officer or any enforcement agency with an auditory alarm and video surveillance. g) Submit such Tow Truck for safety inspection annually or as otherwise required by the Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual under the provisions of the Highway Traffic Act, as necessary. 11.2 A Heavy Recovery Towing / Heavy Recovery Firm shall provide to the Licensing Officer: a) Proof of Ministry of Environment Provisional Waste Handling Certification. b) A copy of the auditable training programs for the Transportation of Dangerous Goods as per the Dangerous Goods Transportation Act, R.S.O. 1990, Chapter D.1, as amended. c) A statement that all surveillance records will be kept in a secure location for a minimum of thirty (30) calendar days. d) A copy of any contracts relating to the requirements of 11.1 a), b), d), e) and D of this By -Law, if applicable. Page 22 of 35 Page 308 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... e) And must meet all requirements for a Towing Company as identified within this By -Law unless exemptions are otherwise provided within this By -Law. 11.3 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to operate a compound outside of the Township boundaries upon: a) Inspection of the facility by the Licensing Officer or designate. b) Approval by the Council of the Township. C) Proof of insurance with a minimum of $5,000,000.00 (five million) liability for the compound. d) And that the said compound meets all other requirements as provided within this By -Law. 11.4 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to allow working as many employees of the Towing Company as required to complete the towing in a safe and timely manner which includes to be permitted to travel in the Heavy Recovery Towing Tow Truck(s). 12. TRAINEES AND TRAINING INSTRUCTION a) Where a person who is permitted to be a passenger pursuant to this By -Law is receiving instructions on driver training such passenger shall not be: i) Trained for more than one thirty -day period commencing from the date that the Application for a driver's License was submitted to the Licensing Officer; ii) Permitted more than one such thirty -day training session regardless of the number of Applications for a driver's License the applicant may have made to the Licensing Officer; or iii) A nuisance, or hindrance or such passenger shall not create a disturbance while in the process of receiving such training. b) Where an Application for a driver's License has been submitted to the Licensing Officer, and where the applicant for such driver's License will be receiving instructions on driver training from the licensed owner, the Licensing Officer shall issue a trainee License which shall expire thirty (30) days from the date that the Application is submitted and is completed within the provisions of this By -Law. C) No person shall be a passenger in a Tow Truck who is receiving instructions on driver training prior to the issuance of a thirty (30) day trainee License. d) No person shall instruct, or permit to be instructed, a passenger on driver training prior to the issuance of a thirty (30) day trainee License. 13. ENFORCEMENT a) A Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other duly appointed individual shall enforce the provisions of this By -Law. Page 23 of 35 Page 309 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 14. REGISTRY a) The Licensing Officer shall keep a License register in which shall be recorded the full operating name and address of each Licensee, the address of the place or premise in which the Licensee carries on, conducts, operates, maintains, keeps, or engages in the business, for which the License was issued, the number of the License and any plates issued, the date of issue, the amount of the License fee paid, the date of expiry of the License, the type of License issued, and any other particulars or observations pertaining to the same which are useful or necessary. A copy of the updated License registry shall be provided to the Ontario Provincial Police Barrie Detachment upon each update. 15. INSURANCE a) All insurance required under the provisions of this By -Law shall be provided at the time of Application in a form acceptable to the Township and in the amount as specified pursuant to the applicable sections of this By -Law unless otherwise approved or required by Council. Where applicable, Certificates of Insurance shall name The Corporation of the Township of Oro - Medonte as an additional insured. Further, any liability insurance shall contain an endorsement specifying that the Township shall be given thirty (30) days written notice of any cancellation, expiration or change in the policy. b) If for any reason such liability insurance is cancelled, expires or for any other reason does not remain in effect, the License for which the insurance was required shall become void on the final date for which the insurance was valid. i[c . III 1.69:2x011910 K a) The Schedules of this By -Law outline the Applications, inspections, and documentation required to accompany any Application and further establishes the fees required to be paid by the applicant at the time of Application. b) Incomplete Applications shall be considered to have been received and may be returned to the applicant or held pending further information and the applicant will be provided a written notice of such actions of the Licensing Officer. Once the Application and fee is submitted to the Licensing Officer, the fee shall not be reimbursed. 17. SCOPE AND AUTHORITY a) Where a matter is subject to provincial regulation, any provision of this By- Law is without effect to the extent that it prohibits or regulates the matter in substantially the same way as or in a more restrictive way than the provincial regulation. 18. EXPIRY OF LICENSE a) The date of expiry for all Licenses issued under the provisions of this By -Law shall be one year from date of issue unless otherwise specified on the License and each renewal of License shall, thereafter, expire on such date in each subsequent year. Page 24 of 35 Page 310 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 19. SEVERABILITY a) Should any section of this By -Law be declared by a Court of competent jurisdiction to be ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and binding, and shall be read as if the offending section or part had been struck out. 20. EXEMPTIONS a) The Licensing Officer and /or Council may grant an exemption to any person from any provision of this By -Law and impose conditions for such exemption as may be considered reasonable and necessary, provided such exemption does not interfere with the general integrity of this By- Law. b) In the event that a situation develops that requires specialized towing equipment that is not available through a licensed owner /driver then the closest available towing service with the necessary equipment may be called and the company's owner and driver shall be exempt from the requirements of this By -Law for the duration of the call for service. C) In the event that a Police Officer and /or an Investigating Officer requires the Tow Truck services to be provided from a Towing Company that has a contract or memorandum of understanding with the Ontario Provincial Police or any other Police Service, the necessary Towing Company may be called and the company's owner and driver shall be exempt from the requirements of this By -Law for the duration of the call for service. d) In the event that a Police Officer and /or an Investigating Officer requires the Tow Truck services to be provided from a Towing Company that can offer a specialized services required by the Police Officer and /or Investigating Officer, the necessary Towing Company may be called and the company's owner and driver shall be exempt from the requirements of this By -Law for the duration of the call for service. e) Where there is a matter of public concern or public safety, the vehicle operator /owner /responsible representative shall be asked to select a towing service from a Township generated listing of all locally licensed Towing Companies, or if the hirer is unable to do so, the Officer shall call for the next towing service on the rotational call list. f) Where there are no matters of public concern or public safety, the vehicle operator /owner /responsible representative shall be asked to select a towing service from a Township generated listing of all locally licensed Towing Companies, or if the hirer is unable to do so, the Officer shall call for the next towing service on the rotational call list. 21. IMMEDIATE REVOKATION /CANCELLATION OF TOWING OWNERITOW DRIVER LICENSE a) Where a Licensing Officer, Municipal Law Enforcement Officer, Police Officer or other Provincial Offences Officer finds suspended, prohibited or restricted by way of a Court Order, Criminal Conviction or other conviction pursuant to a Provincial Statute, the Ontario Driver's License of a person who is licensed under this By -Law, the Tow Truck Owner or Tow Truck Driver shall surrender the License issued pursuant to this By -Law and it shall be immediately revoked or cancelled until a hearing has been convened. Page 25 of 35 Page 311 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... b) Where a Licensing Officer, Municipal Law Enforcement Officer, Police Officer or other Provincial Offences Officer finds suspended, prohibited or restricted by way of a Court Order, Criminal Conviction or other conviction pursuant to a Provincial Statute, the Ontario Driver's License of a person who is licensed under this By -Law, the Tow Truck Owner or Tow Truck Driver shall as soon as practical return the seized License issued pursuant to this By -Law to the Licensing Officer. c) A Tow Truck Driver who has had their License revoked or cancelled by reason in paragraph 21. a), may re -apply for a license issued under section 3.4 or 3.5 and pay all applicable fees. Page 26 of 35 Page 312 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... SCHEDULE 1 To By -Law No. 2011 -093 F_1 »167illI16]ZdCG]h9Ikq RX916] h d•7_11'!11 Registered Name of Company Company's Address Compound Location Email Company's Owner(s) Company's Main Contact Phone Number Cellular Number = New = Renewal 1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law. 2. Proof of Commercial General Liability Insurance obtained and kept in force during the term of the License issued, satisfactory to the Township, be written by an insurer licensed to conduct business in Canada and include but not be limited to the following: i) A limit of liability of not less than five million ($5,000,000.00) for each occurrence. ii) The Township shall be named as an additional insured. iii) The policy shall contain a provision for cross liability in respect of the named insured. iv) Non -owned automobile coverage with a limit of at least five million ($5,000,000.00) including contractual non -owned coverage. v) Products and completed operation coverage (Broad Form) with an aggregate limit not less than five million ($5,000,000.00). vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest Clause, Contractual Liability - Oral & Written, Contingent Employer's Liability, Employer's Liability, Broad Form Property Damage and Pollution From A Hostile Fire. vii) That thirty (30) days prior notice of an alteration, cancellation or material change in policy terms which reduces coverage's shall be given in writing to the Township. 3. Proof of a standard Automobile Policy with limits no less than five million ($5,000,000.00) in respect of each owned or leased licensed vehicle to be obtained and kept in force for the duration of this contract automobile. 4. Proof of Goods and Services Tax (GST) registration or Harmonized Sales Tax (HST) registration. Page 27 of 35 Page 313 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 5. A written Statement of Rates and Charges for all services provided by the Towing Company to the Licensing Officer. The Licensee shall ensure that no other rates or charges are demanded or received by any Tow Truck Driver. The Statement of Rates and Charges will be periodically reviewed by the Licensing Officer and Tow Truck Companies to ensure mutually agreed upon rates. 6. Any changes in the Statement of Rates and Charges shall be filed with the Licensing Officer 90 (ninety) days prior to the new Statement of Rates and Charges taking effect. 7. A completed Occupational Health and Safety Statutory Declaration Form as set out as Schedule 7 of this By -Law. 8. A Criminal Record Check obtained from a Police enforcement agency, dated within 30 days of the date of receipt of the Application, including, if applicable, a Vulnerable Sectors Check for each owner of the Towing Company. 9. Any other required inspections, approvals or documents as required by the Licensing Officer: This Application is deemed to be complete on the of 20 . Staff signature. Page 28 of 35 Page 314 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... SCHEDULE 2 To By -Law No. 2011 -093 0 »167eI9 Eel 04 dCGIPJ1119 fe]N Company's Name on Tow Truck Tow Truck Owner's Address Compound Location Email Tow Truck's Owner(s) Tow Truck Owner's Main Contact Phone Number Cellular Number = New = Renewal 1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law. 2. The vehicle's make, model, year and Vehicle Identification Number. 3. Proof of a standard Automobile Policy with limits no less than five million ($5,000,000.00) in respect of each owned or leased licensed vehicle to be obtained and kept in force for the duration of this contract automobile. 4. A copy of the certificate of insurance for the Tow Truck for which they are the owner. The Township shall be given at least ten (10) days' notice, in writing, of the cancellation or expiration or variation in the amount of the policy and insuring each such Tow Truck have a minimum of the following amounts: i) In respect to any one claim, in the amount of at least five million ($5,000,000.00) exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property. ii) In respect of any one claim, in the amount of at least two hundred thousand ($200,000.00) against liability for damage to a customer's motor vehicle while in their care, custody or control and caused by collision, upset, fire, lightning, theft or attempt theft, malicious mischief, windstorm, hail, explosion, riot, civil commotion or rising water. iii) In respect of any one claim, cargo liability insurance in the amount of at least one hundred thousand ($100,000.00) to indemnify the applicant against loss by reason of their legal liability indirect physical loss or damage to vehicles and other items of property accepted by the applicant for towing or conveyance. 5. A valid and current Motor Vehicle Permit issued by the Ministry of Transportation issued in the applicant's name for each Tow Truck being licensed. 6. The Ontario License plate number as issued by the Ministry of Transportation. 7. A Ministry of Transportation Annual Inspection Certificate issued under the Highway Traffic Act showing that the Tow Truck has been inspected within the previous sixty (60) days of the date that the Application has been received by the Licensing Officer. Page 29 of 35 Page 315 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... 8. A Ministry of Transportation Safety Standards Certificate issued under the Highway Traffic Act within the previous sixty (60) days of the date that the Application has received by the Licensing Officer. 9. A Vehicle Inspection letter from a Certified Master Installer to demonstrate that the Tow Truck complies with Transport Canada Regulations for the Towing of Vehicles. 10. Proof of speed governing at one hundred and five (105) kilometers per hour for trucks registered over eleven thousand, seven hundred and ninety -four (11,794) kilograms for vehicles manufactured in 1995 or later. 11. Certificate of Inspection that the Tow Truck complies with the National Safety Mark under the Motor Vehicle Safety Regulations or a Certificate that the Tow Truck to be licensed is exempt. 12.A letter identifying that front line service Tow Trucks are no older than fifteen (15) years and reserved service Tow Trucks are no older than twenty (20) years. 13. In the case of a Tow Truck which is not owned by the Towing Company, the registered owner's name and address, the vehicle identification number and the Ontario License plate number as issued by the Ministry of Transportation for each vehicle to be used as a Tow Truck. 14. If a Tow Truck is a leased vehicle, the applicant shall provide a copy of the lease agreement for each of leased Tow Truck being licensed. 15.A Tow Truck License may be reissued by the Licensing Officer for the replacement vehicle where a person holds a valid Township License under this section for the current year, where such person certifies that the Tow Truck licensed under this section has been removed from service and is being replaced by another vehicle to be operated as a Tow Truck, and upon submission all documents required under this By -Law. 16.Any other required inspections, approvals or documents as required by the Licensing Officer: This Application is deemed to be complete on the of 20 . Staff signature. Page 30 of 35 Page 316 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... SCHEDULE 3 To By -Law No. 2011 -093 APPLICATION — TOW TRUCK DRIVER Tow Truck Driver's Name Tow Truck Driver's Address Compound Location Phone Number Email Cellular Number = New = Renewal 1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law. 2. The applicant's original Ontario Driver's License with a minimum Class G designation with no driving restrictions. 3. An Ontario Driver's License abstract obtained from the Ministry of Transportation and dated within 30 days of the date of receipt of the Application. 4. A Criminal Record Check obtained from a Police enforcement agency and dated within 30 days of the date of receipt of the Application, including, if applicable, a Vulnerable Sectors Check. 5. Documentation to the satisfaction of the Licensing Officer from the owner of the Towing Company for whom the applicant is to provide services as a Tow Truck Driver confirming that the applicant is employed by or otherwise authorized to provide services as a Tow Truck Driver for the said Towing Company. 6. A statement in writing if they have any pecuniary interest either directly or indirectly, in a vehicle pound, yard or building used for the storage or impounding of vehicles, a vehicle body shop or other kind of public garage or any other yard, shop, building or place used for the storage, repair or servicing of vehicles, and provides and files with a Licensing Officer full information as to the location and the type of facilities in which they have an interest and the nature and extent of the interest. 7. Any other required inspections, approvals or documents as required by the Licensing Officer: This Application is deemed to be complete on the of 20 Staff signature. Page 31 of 35 Page 317 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... SCHEDULE 4 To By -Law No. 2011 -093 FEES CATEGORY LICENSE FEE Towing Company each $250.00 Tow Truck each $250.00 Tow Truck Driver each $100.00 Duplicate License 1 $25.00 Replacement License including amendments $25.00 * *In the event of return and /or surrender or revocation of a license issued pursuant to this By -Law, no part of the license fee will be refunded. Page 32 of 35 Page 318 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... SCHEDULE 5 To By -Law No. 2011 -093 I!n\ 719 010 11* W9161"MMki0C1711ki W *shall include all administration, hook up or release fees ** Collision Tow to any Towing Company's Compound within $350.00 the Township *where the vehicle does not exceed 6000 pounds (3000 kg) in towing weight, including: * scene clean -up (up to 30 minutes) But does not include: *use of flatbed or dolly $75.00 and /or each Collision Tow to any destination at the vehicle owner's $350.00 and request outside of the Township $3.00 /kilometer *where the vehicle does not exceed 6000 pounds (3000 kg) in towing weight, including: *use of flatbed or dolly * scene clean-up u to 30 minutes Storage outside per day $60.00 Storage indoor per day $75.00 Wait time after one hour $60.00 /hour Scene clean-up after 30 minutes $35.00 /half hour Off road recovery $150.00 *vehicle must be no less than ten (10) feet from the edge of the road way to be considered off road recovery *includes winching Roll over recovery into towing position (including $250.00 winching) Second Tow Truck required to assist $90.00 /hour * *All non - collision towing fees to be charged are as per the written Statement of Rates and Charges for all services provided by the Towing Company and filed with the Licensing Officer ** Page 33 of 35 Page 319 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... SCHEDULE 6 To By -Law No. 2011 -093 11 CGYJI I ki lr7_111I:Is] N 1111_74 91910/101 ZI'd In Accordance with Township of Oro - Medonte By -Law No. 2011 -093, the owner /operator of the vehicle to be towed from the collision scene, or a Police Officer in the absence of the owner /operator, and the licensed Tow Truck Driver MUST BOTH SIGN THIS FORM before the commencement of the tow and distribute: White— Owner /Operator Pink —Tow Truck Driver Yellow—Police This Towing Authorization Form is strictly for towing and in no way approval to initiate repairs to the vehicle. 1. Completed by vehicle owner /operator /driver I, , have authorized the said named Tow Truck Driver to tow my vehicle bearing License Plate Number to the location of at the inclusive Collision Tow Rate shown to me as set out in Township of Oro - Medonte By -Law No. 2011 -093. Collision Tow Charge: $ Other Charges (if applicable): Amount 2. Completed by the Tow Truck Driver Date Company Driver's Name Municipal License Number Collision Location Compound Location or Requested Location In the event that the vehicle cannot be towed directly to the location of the vehicle owner /operator /driver's choice, the Tow Truck Driver must disclose in advance any additional charges as set out in the Tariff of Fees filed with the Township. 3. Permission to Tow - must be signed by all parties Signature —Vehicle owner /operator /driver Date Signature — Tow Truck Driver Signature — Police Officer If you have any concerns or questions, please contact: Township of Oro - Medonte - Licensing Officer 148 Line 7 South, Oro, ON LOL 2X0 (705) 487 -2171 Page 34 of 35 Page 320 of 423 15a) - Being a By -Law to License and Regulate Towing Compani... SCHEDULE 7 To By -Law No. 2011 -093 OCCUPATIONAL HEALTH AND SAFETY STATUTORY DECLARATION FORM In submitting this Proposal, UWe, on behalf of (Legal name of company) certify the following: a) UWe have a health and safety policy and will maintain a program to implement such policy as required by clause 25(2)0) the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended, (the "OHSA "). b) With respect to the services being offered in this Proposal, Ilwe and our proposed subcontractors, acknowledge the responsibility to, and shall: (i) fulfill all of the "employer" obligations under the OHSA and ensure that all work is carried out in accordance with the OHSA and its regulations; (ii) ensure that adequate and competent supervision is provided as per the OHSA to protect the health and safety of workers; and (iii) provide information and instruction to all employees to ensure they are informed of the hazards inherent in the work and understand the procedures for minimizing the risk of injury or illness. c) UWe agree to take every precaution reasonable in the circumstances for the protection of worker health and safety, as required under the OHSA. Dated at ,20 . (Authorized signing officer for the Proponent) (Title) (Telephone Number) Witness — Township Staff this day of Page 35 of 35 Page 321 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan... BY -LAW NO. 2011 -114 A By -law to to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 2008628 Ontario Ltd. described as lands as follows: Lot 122, Plan 51M -957, as in 58533 -0346 LT ROLL # 43 -46- 010 - 003 -26622 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 322 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan... APPENDIX "A" SITE PLAN AGREEMENT - between - 2008628 Ontario Ltd. -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Lot 122, Plan 51M -957, as in 58533 -0346 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346- 010 - 003 -26622 By -Law No. 2011 -114 July 13, 2011 Page 323 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 Page 324 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 13th day of July 2011, in accordance with Section 41 of the Planning Act. BETWEEN: 2008628 Ontario Ltd. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the construction of a model home on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B ": NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 325 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan. 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner ", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $ 1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C', as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with attached garage occupying 3,714 square feet (345.04 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: Page 326 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan. a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound; as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. D Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. Page 327 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S. 0. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. Page 328 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED Owner: 2008628 Ontario Ltd. Gabriel Grossi ) ) The Corporation of the Township of Oro - Medonte ) per: ) ) ) H.S. Hughes, Mayor ) J. Doug Irwin, Clerk Page 329 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan. SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 2008628 Ontario Ltd. LEGAL DESCRIPTION OF LANDS Lot 122, Plan 51M -957 as in 58533 -0346 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26622 Page 330 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan. SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 2008628 Ontario Ltd. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 122, Prepared by Valdor Engineering Inc dated June 10, 2011. Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. Page 331 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 2008628 Ontario Ltd. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP NIA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP NIA io Page 332 of 423 15b) - A By -law to to Authorize the Execution of a Site Plan... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and 2008628 Ontario Ltd. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. M Page 333 of 423 15c) - A By -law to remove the Holding symbol On lands descri... 1971- 901671aQX 910 1Z 1101 a9: 1* LOITAZ &] :II107:901Y02�A1:11I07Zk9:1 BY -LAW NO. 2011 -115 A By -law to remove the Holding symbol On lands described as follows: Lot 122, Plan 51M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346 - 010 - 003 -26622 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1.Schedule 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Lot 122, Plan 51 M -957, Roll # 4346- 010 - 003 - 26622" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 334 of 423 15c) - A By -law to remove the Holding symbol On lands descri... Page 335 of 423 15d) - A By -law to authorize the Sale of Surplus Land Part o... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -116 A By -law to authorize the Sale of Surplus Land Part. of Lot 16, Concession 14, (geographic Township of Oro), Part 15, Plan 51 R- 19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548- 0086(LT) WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By -law No. 2007 -083 on the 18th day of July, 2007, being a By -law to establish a policy /procedure with respect to the sale and other disposition of land; AND WHEREAS Council has previously caused notice to be given of its intention to sell the lands described in Schedule "A" attached hereto and forming part of this by -law, in accordance with the requirements set out in By -law 2007 -083, as amended; AND WHEREAS Council has determined that the said lands are not required for municipal purposes, and has by Resolution Number C110622 -9 declared the lands designated as Part of Lot 16, Concession 14, (geographic Township of Oro), Part 15, Plan 51 R- 19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548- 0086(LT), described in Schedule "A" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed sale of land from any party; AND WHEREAS pursuant to procedural By -law 2007 -083, the Clerk of the Township of Oro - Medonte did cause a Notice of the proposed by -law to sell the land designated as Part of Lot 16, Concession 14, (geographic Township of Oro), Part 15, Plan 51 R- 19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548- 0086(LT), to be published in newspapers of local circulation, a copy of which is attached as Schedule "B" and forms part of this by- law; AND WHEREAS the proposed by -law came before Council of The Corporation of The Township of Oro - Medonte for consideration at its meeting on the 13th day of July, 2011, and at that time Council received no notice of objection to the proposed sale of land from any party; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. Authorization of Sale - Council does hereby authorize the sale of land designated as Part of Lot 16, Concession 14, (geographic Township of Oro), Part 15, Plan 51 R- 19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548- 0086(LT), to the registered owners from time to time of the abutting lands as follows and that the title to the transferred lands merge with those lands owned by the respective abutting owner: Page 336 of 423 15d) - A By -law to authorize the Sale of Surplus Land Part o... Registered Owner Oro Design & Manufacturing Ltd. Owner's Lands Part of Lot 16, Concession 14, (geographic Township of Oro), more particularly described as Part 1, Plan 51 R- 19270, (3 Small Crescent) Township of Oro - Medonte, County of Simcoe, being PIN 58548- 0087(LT) Land to be Transferred Part of Lot 16, Concession 14, (geographic Township of Oro), Part 15, Plan 51 R- 19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548- 0086(LT) Upon registration of the Transfer, the respective owner be required, at their expense, to bring an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the parcel with their abutting property to one Property Identifier Number. Sale Price and Consideration — In accordance with By -law 2007 -083, as amended, Council hereby sets the sale price for land designated below: Description of Land Land Sale Price Part of Lot 16, Concession 14, $45,384.95 (geographic Township of Oro), Part 15, Plan 51 R- 19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548 - 0086(LT) In addition to the land sale price the registered owner is responsible for the administrative costs incurred by the Township of Oro - Medonte, associated with the transfer. Such administrative costs include cost of survey, advertising, legal fees and disbursements. Execution of Documents — The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By -law. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 337 of 423 15d) - A By -law to authorize the Sale of Surplus Land Part o... Schedule "A" to By -law No. 2011 -116 for The Corporation of the Township of Oro - Medonte Part of Lot 16, Concession 14, (geographic Township of Oro), Part 15, Plan 51 R- 19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548- 0086(LT) Page 338 of 423 15d) - A By -law to authorize the Sale of Surplus Land Part o... Schedule "B" to By -law No. 2011 -116 for The Corporation of the Township of Oro - Medonte Townshipna� NOTICE OF PROPOSED SALE OF LAND BY -LAW Proud Heritage, r—iti g Future TAKE NOTICE that the Township of Oro - Medonte proposes to pass a By -law to authorize the Sale of Surplus Land, in the Township of Oro - Medonte, County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By -Law will come before the Council of the Township of Oro - Medonte at its regular meeting to be held at the Council Chambers on July 13, 2011 at 10:00 a.m. and at that time Council will hear in person or by his /her counsel, solicitor or agent, any person who claims that his /her land will be prejudicially affected by the By -law. Any person wishing to be heard or make comment on the proposed sale shall provide the undersigned with either a written application to be heard or written comment no later than 12:00 noon on July 6, 2011. DATED AT THE TOWNSHIP OF ORO- MEDONTE THIS 301h DAY OF JUNE, 2011. J. Douglas Irwin, Clerk, Township of Oro - Medonte 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Fax: (705) 487 -0133 l;Yaa��llf��ilnlii Surplus Land: Part of Lot 16, Concession 14, (geographic Township of Oro), Part 15, Plan 51 R- 19270, more particularly described as Part 2, Plan 51 R- 37970, Township of Oro - Medonte, County of Simcoe, being Part of PIN 58548- 0086(LT). 15116 , SUBJECT LAND$ Page 339 of 423 15e) - A By -law to allow a Temporary Use for a Garden Suite 1971- 901671aQX 910 1Z 1101 a9: 1* LOITAZ &y:II107:901Y02�A1:11I01Zk9:1 BY -LAW NO. 2011 -117 A By -law to allow a Temporary Use for a Garden Suite by Ronald and Lorna Sommers On lands described as follows: Part of the East Part Lot 17, Concession 8, Plan 51 R- 15953, Part 1 (Oro), Township of Oro - Medonte, County of Simcoe, (Municipally known as 560 Line 8 North) under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended Roll # 4346- 010 - 003 -39001 WHEREAS an application has been submitted to the Township of Oro - Medonte to establish a temporary use; AND WHEREAS the Official Plan for the Township of Oro - Medonte contains certain policies which allow for the establishment of temporary uses; AND WHEREAS Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, in accordance with Section 34, provides the authority to establish temporary uses; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: Notwithstanding the permitted uses of By -law 97 -95, as amended, as they apply to lands described as Part of the East Part Lot 17, Concession 8, Plan 51 R- 15953, Part 1 (Oro), as shown of Schedule "A" attached hereto, these lands may be used for a "Garden Suite ". Schedule "A" attached hereto forms part of this By -law. This By -law is enacted by Council and in accordance with the Planning Act, R.S.O. 1990, c.P.13, will take effect from the date of passing of the By -law and is hereby repealed 10 years from the date of passing of this By -law. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 340 of 423 15e) - A By -law to allow a Temporary Use for a Garden Suite Schedule 'A' to By-law No. 2011 -117 This is Schedule 'A' to By -Law 2011 -117 passed the 13" day of July, 2011. Mayor H.S. Hughes Clerk J. Douglas Irwin A, 15 /16--SIDEiROAD:E z z co w w z z J J SUBJECT PROPERTY (560 Line 8 North) ROSS =ROA ® HIGHWAY 1 -1 -N. TOWNSHIP OF ORO- MEDONTE Page 341 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... BY -LAW NO. 2011 -118 A By -law to Authorize the Execution of a Temporary Use By -Law Agreement (Garden Suite) Between the Township of Oro - Medonte and Ronald and Lorna Sommers On lands described as follows: Part of the East Part Lot 17, Concession 8, Plan 51 R- 15953, Part 1 (Oro), Township of Oro - Medonte, County of Simcoe, (Municipally known as 560 Line 8 North) Roll # 4346- 010 - 003 -39001 WHEREAS Section 39. of The Planning Act, R.S.O 1990 c. P. 13, as amended provides for the entering into of an agreement under Section 207.2 of the Municipal Act, 1994, c.2, s.44 (1), and Council deems it necessary to enter into an agreement on the lands described herein; AND WHEREAS Council for the Corporation of the Township of Oro - Medonte established Temporary Use By -law policies in the Official Plan for the Township; NOW THEREFORE the Council for the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Temporary Use By -law Agreement attached hereto, as Appendix "B ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Temporary Use By- law Agreement, and amendments, on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Schedule "A" and Appendix "B" form part of this By -law; 4. THAT this By -law shall come into force and take effect upon being enacted by Council. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 342 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... Schedule 'A' to By-law No. 2011 -11 S This is Schedule 'A' to By -Law 2011 -11 S passed the 13" day of July, 2011. Mayor H.S. Hughes Clerk J. Douglas Irwin A, 15 /16--SIDEiROAD:E z z co w w Z z J J SUBJECT PROPERTY (560 Line 8 North) ROSS =ROA ® HIGHWAY 1 -1 -N. TOWNSHIP OF ORO- MEDONTE Page 343 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... THIS AGREEMENT made the 13th day of July, 2011. BETWEEN: RONALD WAYNE SOMMERS AND LORNA MARIE SOMMERS hereinafter called the "Owners" OF THE FIRST PART RONALD WAYNE SOMMERS AND LORNA MARIE SOMMERS hereinafter called the "Occupant" OF THE SECOND PART THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE hereinafter called the "Municipality" OF THE THIRD PART WHEREAS the Council of the Municipality has received an Application to temporarily re -zone a parcel of land as more particularly described in Schedule "A" attached hereto (the "Subject Lands "), pursuant to Sections 34 and 39 of the Planning Act, R. S.0, 1990, as amended, to authorize the Temporary use of a Garden Suite; AND WHEREAS pursuant to subsection 39 (1.2) of the Planning Act, the Council of the Municipality may require the owner of the Garden Suite, or any other person to enter into an Agreement with the Municipality under. Section 207.2 of the Municipal Act; AND WHEREAS the lands are being purchased by the owner and the owner and the occupant have consented to enter into this Agreement with the municipality under the terms and conditions hereinafter set forth, as a condition of the transfer of the rights and obligations of the temporary use by -law; AND WHEREAS the owner and the occupant have consented to enter into an Agreement with the municipality under the terms and conditions hereinafter set forth, as a condition of the temporary re- zoning to authorize the use of a Garden Suite upon the Subject Lands; NOW THEREFORE consideration of the temporary re- zoning of the subject lands, the Owner and the Occupant hereby covenant and agree with the Municipality as F: \Development Services \Planning \D - Development & Planning \D14 Zoning\2011 Applications\2011- ZBA -08 (Sommers) \Sommers Garden Suite Agreement (Word 97- 2003).doc Page 344 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... 1. DEFINITIONS 1.1 "Garden Suite" means a one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 1.2 'Permitted Temporary Use" means one mobile home, used as a Garden Suite, in accordance with the terms of this Agreement and the provisions of the Temporary Use By -law. 1.3 "Temporary Use By -law" means the by -law passed by the Municipality pursuant to Sections 34 and 39 of the Planning Act to authorize the permitted temporary use upon the subject lands. 2. USE, INSTALLATION, MAINTENANCE AND REMOVAL OF GARDEN SUITE 2.1 The Owner and Occupant shall be responsible, at their sole cost for the installation and maintenance of the Garden Suite upon the subject Lands in accordance with the by -laws of the Township in effect from time to time, Including but not limited to the Temporary Use By -law, and all applicable Federal and Provincial legislation. 2.2 Subject to the terms of this Agreement and the Temporary Use By -law, the permitted temporary use may be carried on upon the Subject Lands from the date of the commencement of the Term of this Agreement, as hereinafter defined. 2.3 The Owner and Occupant shall remove the Garden Suite from the subject lands on or before the earlier of. (a) in the event of default by the Owner or Occupant under -the terms of this Agreement or the provisions of the Temporary Use By -law, the 30th day following written notice from the Township of the termination of this Agreement; (b) the 180th day following the date of death of the Occupant; or: (c) the last day of the Term of this Agreement. 2.4 In the event that the Owner and occupant fail to remove the Garden Suite from the Subject hands in accordance with the provisions of this Agreement, the Municipality may enter upon the Subject Lands to remove Page 345 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... the Garden Suite, and all costs incurred by the Municipality in connection therewith shall be recoverable from the Owner pursuant to the provisions of Section 326 of the Municipal Act, c.M. 45, R.S.O. 1990, as amended, whereby the costs incurred will be added to the tax roll and collected in a like manner as taxes. TERM 3.1 The Term of this Agreement shall commence from the date of execution by the Township and expiring on the day immediately preceding the 13th day of July, 2021. 4. OCCUPANCY OF GARDEN SUITE 4.1 The Owner and Occupant shall not permit the Garden Suite to be occupied by any person other than the Occupant. 5. DEFAULT AND TERMINATION 5.1 In the event of default by the Owner or the Occupant under the terms of this Agreement, which default shall not have been cured by the Owner or Occupant within 30 days of written notice of default from the Municipality, the Municipality shall have the right to terminate this Agreement on 30 days notice in writing to the owner and Occupant. 5.2 In the event of termination of this Agreement, the rights of the Owner and Occupant to continue the permitted temporary use shall immediately cease, and the Municipality shall be entitled to repeal the Temporary Use By -law without further notice to the Owner or Occupant. 6. EXPENSES OF THE MUNICIPALITY 6.1 Every provision of this Agreement by which the owner or occupant is obligated in any way shall be deemed to include the words "at the expense of the Owner or Occupant" as the case may be, unless the context otherwise requires. 6.2 The Owner and Occupant shall be responsible for and shall pay to the Municipality on demand all costs incurred by the Municipality in connection with the preparation and enforcement of this Agreement and the Temporary Use By -law. 6.3 The Owner and Occupant shall, on or before the execution of this Agreement by the municipality, file with the Municipality a deposit in the Page 346 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... 4 amount of $2500.00, which may be applied by the Municipality in reduction of the costs incurred as set out above. 6.4 All costs and expenses exceeding the said $ 2500.00 deposit shall be recoverable from the owner as described in Section 2.4. 7. NOTICE All Notices to be given hereunder may be given by registered letter addressed to: Owner: Ronald and Lorna Sommers 560 Line 8 North R.R. 2 Oro Station, Ontario LOC 2E0 Occupant: Ronald and Lorna Sommers 560 Line 8 North R.R. 2 Oro Station, Ontario LOC 2EO Municipality: Township of Oro - Medonte 148 Line 7 South P.O. Box 100 Oro, Ontario LOL 2X0 or such other address as the parties may respectively from time to time designate in writing, and any such Notice shall be deemed to have been given to and received by the addressee three (3) days after the mailing thereof, postage prepaid and registered. 8. SEVERABILITY 8.1 Any provision of this Agreement which is found to be invalid or unenforceable under the laws of the Province of Ontario by a court of competent jurisdiction, to the extent such provision is invalid or unenforceable, shall be deemed severable and shall not affect any other provision of this Agreement. Page 347 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... NO ASSIGNMENT 9.1 This Agreement, and the rights and obligations arising under it, may not be assigned by the owner or the Occupant without the prior written consent of the Municipality. 10. ESTOPPEL 10.1 The Owner, Occupant and the Municipality will not call into question directly or indirectly in any proceeding in law or in equity or before any administration or other tribunal, the right of the other parties to enter in this Agreement and to enforce every term, covenant and condition of it. The law of contract applies to this Agreement and the parties are entitled to all remedies arising from it. This provision may be pleaded by the parties in any action or proceeding as an estoppel of any denial of such right. 11. INDEMNIFICATION FROM LIABILITY AND RELEASE 11.1 The owner and Occupant covenant and agree with the municipality, on behalf of themselves, their permitted successors and assigns, to indemnify and save harmless the Municipality, its servants and agents from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly in connection with this Agreement. 11.2 The Owner and Occupant further covenant and agree to release and forever discharge the Municipality from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise as a result of any action taken by the municipality under the terms of this Agreement 12. INTERPRETATION 12.1 In the interpretation of this Agreement, unless the context indicates a contrary intention: (a) the obligations of more than one party will be joint and several, (b) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (c) headings are for convenience only and do not affect interpretation; (d) reference to Sections and Schedules are to sections and schedules of this Agreement and the Schedules form part of this Agreement, and Page 348 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... 6 (e) this Agreement may be executed in any number of counterparts, each of which will be deemed an original but which together will constitute one instrument. IN WITNESS WHEREOF the parties have hereunder set their hands and seals. SIGNED, SEALED AND DELIVERED in the presence of Per: Ronald Sommers, Owner Lorna Sommers, Owner Ronald Sommers, Occupant Lonna Sommers, Occupant THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, Douglas Irwin Page 349 of 423 15f) - A By -law to Authorize the Execution of a Temporary Us... 7 THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN RONALD AND LORNA SOMMERS AND THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE, DESCRIPTION Part of the East Part of Lot 17, Concession 8, being Part 1 on Plan 51R- 15953, Township of Oro - Medonte (formerly Township of Oro), County of Simcoe, municipally known as 560 Line 8 North. Page 350 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -119 Being a By -law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro - Medonte and Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation (Agreement #02703) and to repeal By -Law No. 2005 -080 WHEREAS Section 11 of the Municipal Act 2001, R.S.O. 2001, c.25, authorizes a municipality to pass by -laws respecting matters pertaining to highways, including parking and traffic on highways; AND WHEREAS the Corporation of the Township of Oro - Medonte does, pursuant to municipal by -laws, issue tickets to persons committing a parking infraction in contravention of such municipal by -laws; AND WHEREAS the Ministry of Transportation maintains computer databases containing residential address information pertaining to the registered holders of motor vehicle licence plates; AND WHEREAS the Municipality requires access to the information for the purpose of commencing a legal proceeding against a registered licence plate holder who has committed a parking infraction in contravention of a municipal parking by -law; AND WHEREAS the Ministry shall permit the Municipality access to the Ministry's information subject to the terms and conditions of the Agreement; AND WHEREAS the Township did on the 13th day of July, 2005 enact By -Law No. 2005 -080 to Authorize the Execution of an Agreement between The Corporation of the Township of Oro - Medonte and Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation; AND WHEREAS the Ministry of Transportation has revised the said agreement in accordance with the provisions contained therein; AND WHEREAS it is deemed expedient to enter into a revised Agreement between the Township of Oro - Medonte and Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the Clerk be authorized to execute the Authorized Requester Agreement (Municipal Parking Tag Program - Agreement #02703) between the Township of Oro - Medonte and Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation, attached hereto as Schedule "A" and forming part of this By -Law; 2. That By -Law No. 2005 -080 is hereby repealed in its entirety. 3. That this By -law shall come into full force and effect on its final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 351 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... 02703 AUTHORIZED REQUESTER AGREEMENT (MUNICIPAL PARKING TAG PROGRAM) BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Transportation AND THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Page 352 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... -1- AUTHORIZED REQUESTER AGREEMENT THIS AGREEMENT made as of the 20th day of June, 2011 (the "Effective Date "). BETWEEN: HER MAJESTY THE QUEEN in right of Ontario, as represented by the Minister of Transportation ( "MTO ") -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Municipality "). WHEREAS: A. MTO maintains computer databases containing information pertaining to driver, vehicle and motor carrier records; B. The Municipality requires access to such information for the purpose of commencing legal proceedings against registered licence plate holders who have committed parking infractions under Part 11 of the Provincial Offences Act (Ontario), and/or in contravention of a municipal parking by -law; and C. MTO is prepared to permit the Municipality to obtain such access, subject to the provisions of this Agreement. NOW THEREFORE MTO and the Municipality agree as follows: ARTICLE 1 DEFINITIONS AND SCHEDULES 1.1 Definitions. In this Authorized Requester Agreement, unless the context requires a different meaning, the following terms shall have the following meanings: "Agreement" means this agreement entitled "Authorized Requester Agreement ", including the attached Schedules, any documents or instruments incorporated by reference in this agreement, and any amendments to any of the foregoing that may be agreed to in writing by MTO and the Municipality or that are otherwise provided for in this agreement. "Application" means the application, in the form approved by MTO, submitted by the Requester to become an Authorized Requester. "ARIS" means the Authorized Requester Information System of MTO, which is an electronic system used by MTO to receive Licensed Information Requests from Authorized Requesters, and to send Licensed Information Responses to Authorized Requesters and to maintain client profiles, as such system may be modified by MTO from time to time. "Audit" and similar expressions mean the performance by, or on behalf of MTO, of such audits, reviews, investigations, inspections, confirmations, certifications, tests, studies and determinations of, or relating to, any matter or thing pertaining to this Agreement. "Authorized Requester" means any person or other organization (including other municipalities) to whom MTO has, pursuant to an agreement, granted a non - exclusive, non - assignable and non - transferable licence to access and use the Licensed Information solely for Authorized Uses. "Authorized Staff" means (a) employees of the Municipality, and (b) individual third party contractors (but not corporations, partnerships or other legal entities) engaged by the Municipality to perform employee -like functions, who need to access such Licensed Information or Passwords, in order for the Municipality to use the Licensed Information for Authorized Uses in accordance with this Agreement, and who are listed in Page 353 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... -2- Part A -2 of Schedule "A ". "Authorized Uses" has the meaning set out in section 4.1. "Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public service holiday observed in the Province of Ontario. "Claims" means any claims, demands, actions, causes of action, suits or proceedings against, or damages (including indirect, special, incidental, consequential or punitive damages), losses, liabilities or obligations of MTO, or of MTO's employees, agents or contractors. "Confidential Information" has the meaning set out in section 5.1. "Contractor Security Agreement" means a privacy and confidentiality agreement between the Municipality and Authorized Staff who are individual third party contractors engaged by the Municipality, in the form specified by MTO. "Damages" means losses, compensation, damages (including indirect, special, incidental, consequential and punitive damages), expenditures, costs (including reasonable administrative costs and reasonable legal fees and costs), expenses, interest, liabilities, judgements, awards, taxes, fines, penalties, charges and amounts paid in settlement. "Declaration" has the meaning set out in section 10.2. "Delivery Channel" means the method or system by which a Licensed Information Request is transmitted or delivered from the Municipality to MTO or by which a Licensed Information Response is transmitted or delivered from MTO to the Municipality. "Disclose" means directly or indirectly disclose, provide, distribute, exchange, sell, license, lease, give, make available or permit access to or use of; and "Disclosed ", "Disclosing" and "Disclosure" have corresponding meanings. "Effective Date" means the effective date of this Agreement, as set out at the beginning of this Agreement. "Employee Security Statement" means a privacy and confidentiality statement in the form attached as Schedule "B ", as may be modified by MTO from time to time. "Fees" means those fees set out in Schedule "C ". "FOIPPA" means the Freedom of Information and Protection of Privacy Act (Ontario), as amended from time to time "Fiscal Year" means a twelve (12) month period beginning on April 1 and ending on March 31 of the following year. "Government of Ontario" means Her Majesty the Queen in right of Ontario or any ministry, agency, board, commission, department, corporation or other legal entity of or owned by the Government of Ontario. "Grant" has the meaning set out in section 2.1. "Initial Term" has the meaning set out in section 3.1(a), "Licensed Information" has the meaning set out in Part A -1 of Schedule "A ": "Licensed Information Request" means one request for Licensed Information contained in one collection of Licensed Information and pertaining to one driver, which request is in the format stipulated by MTO from time to time, and which request is transmitted or delivered by the Municipality to MTO using a Delivery Channel specified in Part A -1 of Schedule "A ". "Licensed Information Response" means the Licensed Information (or other response such as "no information available ") transmitted or delivered by MTO to the Municipality, using a Delivery Channel specified in Part A -1 of Schedule "A ", in response to a Licensed Information Request. "Licensed Personal Information" means any Licensed Information that is Personal Information. "MFOIPPA" means the Municipal Freedom oflnformation and Protection of Privacy Act (Ontario), as amended from time to time. "Non- disclosure Agreement" has the meaning set out in section 5.3(c) Page 354 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... ISM "Password" means any password, key, code or identifier assigned to a user in connection with making Licensed Information Requests or receiving or accessing Licensed Information Responses. "Permitted Recipient" has the meaning set out in Part A -I of Schedule "A ". "Personal Information" means personal information as defined in FOIPPA. "Personal Information Records" means all Records of, or containing, Personal Information that is Processed by the Municipality in connection with the performance by the Municipality of the Municipality's obligations under this Agreement or the exercise by the Municipality of the Municipality's rights under this Agreement. "Privacy Default" means a breach of: (i) any Privacy Laws; or (ii) any of the provisions of this Agreement relating to the Municipality's compliance with the Privacy Laws, including Schedule "D "; or (iii) any other provision of this Agreement where such breach involves or results in any Processing of (or failure to Process) Personal Information that is not strictly in accordance with this Agreement. "Privacy Laws" means (a) FOIPPA (b) MFOIPPA and (c) the provisions of any other law from time to time that address any Processing of (or failure to Process) Personal Information. "Process" means directly or indirectly create, access, collect, process, receive, hold, store, use or Disclose; and "Processed" and "Processing" have corresponding meanings. "POA" means the Provincial Offences Act (Ontario) as amended from time to time. "Records" means the records of the Municipality in any format or medium, including any "record" as defined in FOIPPA. "Records Custodian" has the meaning set out in section 9.5. "Supporting Document" means any of the documents which (a) support or verify information contained in the Application (as such information may subsequently have been changed in accordance with section 12.2 (a)); and (b) are listed in Part A -1 of Schedule "A ". "Term" means the Initial Tern and any renewal(s) of this Agreement made in accordance with section 31(h). "Warranty" means any representation, warranty or condition, express, implied, collateral or statutory. 1.2 Schedules. The following attached Schedules form part of this Agreement: Schedule "A" Specifications (Part A -1 and Part A -2) Schedule's" Employee Security Statement Schedule "C" Fee Schedule Schedule 'D" Audit, Inspection and Review Schedule "E" Form of Monthly Report Schedule "F" Form of Annual Report Schedule "G" Form of MTO Report ARTICLE 2 GRANT OF LICENCE 2.1 Grant. Subject to the provisions of this Agreement, MTO hereby grants to the Municipality a non - exclusive, non - assignable and non - transferable licence (the "Grant ") to access and use the Licensed Information solely for the Authorized Uses. 2.2 Title. The Municipality acknowledges and agrees that MTO (or the Government of Ontario) is and shall at all times remain the sole owner of all right, title and interest in the Licensed Information, including all intellectual property rights (such as copyright) and other proprietary rights and trade secrets. Accordingly, the Grant is not, and shall not be deemed to be, a transfer, sale or disposition of any or all of MTO's right, title or interest of any kind in the Licensed Information. Page 355 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... -4- 2.3 Changes in Licensed Information. (a) Despite any other provision of this Agreement, the Municipality acknowledges and agrees that MTO reserves the right in its absolute discretion to add to, withdraw from, or change the content or structure of, or subject matter covered by, or cease to make available, any or all of the Licensed Information at any time. (b) Upon implementation by MTO of any of the changes contemplated in section 2.3(a) above, all references to "Licensed Information" in this Agreement shall be deemed to be amended to reflect such changes. 2.4 No Guarantees or Warranties. The Municipality acknowledges and agrees that MTO does not warrant or guarantee the accuracy of the Licensed Information. ARTICLE 3 TERM 3.1 Term. Subject to the provisions of this Agreement: (a) This Agreement shall be effective on the Effective Date and shall continue in force for an initial term of twelve months (the "Initial Term "). (b) This Agreement shall be automatically renewed for subsequent terms of twelve (12) months each, provided that: (i) neither party provides to the other, at least thirty (30) days before the expiry of the then current term, written notice of that party's intention not to renew; (ii) if requested by MTO, prior to such renewal the Municipality signs the form of authorized requester agreement that MTO then requires to be signed by Authorized Requesters; (iii) the Municipality has updated the list of Authorized Staff contained in Part A -1 and Part A -2 of Schedule "A" and has reviewed and affirmed such list in accordance with section 8.1; (iv) the Municipality has updated the information contained in the Application and has reviewed and affirmed such information in accordance with section 12.2; and (v) prior to such renewal the Municipality has satisfied any other conditions that may be stipulated by MTO for the renewal of the Grant 3.2 Early Termination. This Agreement shall automatically terminate in the event that MTO ceases to make available any Licensed Information to third parties outside of the Government of Ontario. 3.3 Termination Without Cause. Notwithstanding any other provision of this Agreement, this Agreement may be terminated without liability by either party giving to the other party thirty (30) calendar days prior written notice of termination. ARTICLE 4 AUTHORIZED USES Iuidal- 4.1 Authorized Uses. The Municipality shall access and use the Licensed Information solely for the following uses (the "Authorized Uses "): (a) to send to registered licence plate holders notices that are prescribed by law where a Page 356 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... 5- legal proceeding has been commenced by the Municipality against the registered licence plate holder alleging that the registered licence plate holder has committed an infraction against Part II of the Provincial Offences Act (Ontario) and/or a parking by -law enacted by the Municipality; and (b) to have Licensed Information certified by MTO for legal proceedings where it is alleged that the registered licence plate holder has committed an infraction against a parking by -law enacted by the Municipality. 4.2 Changes to Authorized Uses. Despite section 4.1, the Municipality acknowledges and agrees that MTO shall have the right unilaterally to amend or delete any or all of the Authorized Uses at any time, effective upon written notice to the Municipality setting out the applicable amendment(s) or deletion(s). 4.3 Informed Consent. Despite section 4.1, if required by MTO, the Municipality shall, prior to requesting, accessing or using any Licensed Information under this Agreement, obtain the informed consent of the individual to whom the Licensed Information is referable. 4.4 Demonstration that Uses Authorized Upon MTO's request from time to time, the Municipality shall reasonably demonstrate that the Municipality's use of any particular Licensed Information (as specified by MTO) has been strictly in accordance with this Agreement. For avoidance of doubt, any breach of the requirements of this section 4.4 shall constitute a Privacy Default. 4.5 Data Matching and Data Profiling. (a) Subject to the Authorized Uses, the Municipality shall not develop, or derive for any purpose whatsoever, any other product, work or database in human- readable or machine - readable form or otherwise, that incorporates, modifies, or uses in any manner whatsoever, any Personal Information contained in, or obtained from, the Licensed Information. This section shall not, however, apply with respect to any specific Personal Information which the Municipality had in its possession prior to receiving the Licensed Information. (b) Subject to the Authorized Uses, the Municipality shall not place any data which was not obtained under this Agreement, into a database containing Personal Information obtained under this Agreement, other than as first authorized by MTO in writing. 4.6 Individuals Not to be Contacted. The Municipality shall not use the Licensed Information directly or indirectly to locate or contact any individual to whom the Licensed Information is directly or indirectly referable, other than as expressly stated in the Authorized Uses. 4.7 Survival. For the avoidance of doubt, the obligations of the Municipality contained in this Article 4 shall survive the expiry or termination of this Agreement. ARTICLE 5 CONFIDENTIALITY Initials 5.1 Confidential Information. Subject to sections 5.2, 5.3 and 5.4, the Municipality shall hold in strict confidence all Licensed Information and any other confidential information or materials of MTO, or of third parties and in the possession or control of MTO, and any information derived from any of the foregoing (collectively, the "Confidential Information"), 5.2 Maintain Confidentiality. Without limitation to section 5.1, the Municipality shall not directly or indirectly: (a) disclose, make available, or provide or permit access to or use of, any Confidential Page 357 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... -6- Information for any purpose (other than to its Authorized Staff who need to know such Confidential Information in order to carry out the Municipality's business, and who are permitted access to such Confidential Information strictly in accordance with Article 8); (b) reproduce or make copies, or permit any third party to reproduce or make copies, of any Confidential Information, in whole or in part (other than copies of Confidential Information made by the Authorized Staff contemplated in section 5.2 (a) in the normal course of the Municipality's business), other than as expressly stated in the Authorized Uses. 5.3 Disclosure of Licensed Information to Permitted Recipients. (a) Despite section 5.2, but subject to the provisions of sections 5.3 (b), 5.3 (c) and 5.3 (d), the Municipality shall have the right to disclose particular Licensed Information (but not Passwords or any other Confidential Information) to Permitted Recipients solely for the purpose specified in Part A -1 of Schedule "A ". For avoidance of doubt, nothing in this section 5.3 (a) permits the Municipality to give a Permitted Recipient general access to the Licensed Information in the Municipality's possession or control, nor shall a Permitted Recipient be entitled to make copies of Licensed Information. (b) The Municipality shall record (in such form and format as from time to time may be required by MTO) each disclosure to a Permitted Recipient. Such record shall include the particular Licensed Information disclosed, the Permitted Recipient to whom such Licensed Information was disclosed, the business purpose for such disclosure, and the date of disclosure. The Municipality shall maintain such records throughout the Term and for a period of three (3) years after the expiry or termination of this Agreement. (c) Prior to making any disclosure to a Permitted Recipient, the Municipality shall enter into a privacy and non - disclosure agreement with that Permitted Recipient, in the form specified by MTO in writing from time to time (the "Non- disclosure Agreement "). (d) The Municipality shall ensure that each Permitted Recipient fully complies with the Non - disclosure Agreement. The Municipality shall be fully liable to MTO for any breach of the Non - disclosure Agreement by a Permitted Recipient, and any such breach shall constitute a breach by the Municipality of this Agreement. (e) The Municipality shall retain an original copy of each Non - Disclosure Agreement from the time it is executed until at least three (3) years after the date the Permitted Recipient who signed that Non - Disclosure Agreement ceases to be a Permitted Recipient. Upon MTO's request from time to time, the Municipality shall provide MTO with copies of all executed Non - Disclosure Agreements. 5.4 Disclosures Required by Applicable Law. (a) Despite section 5.1, the Municipality may, subject to sections 5.4 (b) and 5.4 (c), disclose Confidential Information to the extent required by applicable law. (b) If the Municipality becomes compelled by applicable law to disclose Confidential Information, the Municipality may only disclose that part of the Confidential Information that it is compelled by applicable law to disclose, and may only disclose such Confidential Information in the manner and to the extent so compelled by applicable law. (c) If the Municipality becomes compelled by applicable law to disclose Confidential Information, the Municipality shall notify MTO of the disclosure as soon as is reasonably possible. 5.5 Survival. For the avoidance of doubt, this Article 5 shall survive the expiry or termination of this Agreement for any reason. ARTICLE 6 PRIVACY LAWS 6.1 Privacy Laws. (a) This Agreement and the rights granted to the Municipality under this Agreement are Page 358 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... -7- subject to any restrictions, limitations or provisions of any applicable law, including the Privacy Laws or any other legislation or regulations enacted by the Government of Ontario or by the Canadian federal government, whether enacted prior to or after the date of signing this Agreement. (b) Without limiting the generality of section 61(a), this Agreement is subject to any provisions of any applicable law that may restrict or limit: (i) the information included in the Licensed Information; or (ii) the information that may be provided in response to a Licensed Information Request. 6.2 Compliance by Municipality. The Municipality represents and warrants that it is, and at all times throughout the Term will remain, in full compliance with all applicable laws (including the Privacy Laws) relating to its Processing of Licensed Personal Information pursuant to this Agreement. Without limiting the generality of the foregoing, the Municipality shall comply with any written instructions or directions from MTO from time to time concerning Licensed Personal Information or Personal Information Records (including the Processing of such Licensed Personal Information or Personal Information Records). 6.3 Survival. For the avoidance of doubt, this Article 6 shall survive the expiry or termination of this Agreement for any reason. ARTICLE 7 PROTECTION OF CONFIDENTIAL INFORMATION Initials 7.1 Security of Confidential Information. The Municipality shall maintain the security and integrity of the Confidential Information. Without limitation to the foregoing, the Municipality shall (a) keep all copies or partial copies of the Confidential Information in a physically secure location to which access is restricted; (b) ensure that access to any Confidential Information stored on a computer is Password - protected and that the Passwords are treated as Confidential Information and are changed on a frequent basis; (c) comply with the security provisions and standards set out in Part A -1 of Schedule "A "; and (d) comply with such security requirements as are from time to time specified by MTO. 7.2 Security Products. The Municipality shall be responsible for the selection, implementation and maintenance of appropriate security products, tools and procedures sufficient to meet MTO's requirements for protecting the Confidential Information from improper access, loss, alteration or destruction. The Municipality shall be responsible for establishing, monitoring and testing the Municipality's own security products, tools and procedures to ensure their adequacy. 7.3 Passwords. (a) Deemed to be Confidential Information. Any Passwords shall be deemed to be "Confidential Information" for the purposes of this Agreement. (b) No Disclosure to Third Parties. For the avoidance of doubt, the Municipality shall not disclose any Passwords to, or permit any access to, or use of, any Passwords by any third party, provided that nothing in this section shall prevent the Municipality from disclosing Passwords to its Authorized Staff who: (i) need to know such Passwords in order for the Municipality to obtain and use the Licensed Information for Authorized Uses, and Page 359 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... 8- (ii) are authorized to access to such Passwords strictly in accordance with Article 8. 7.4 Restricted Access. The Municipality shall at all times restrict access to the Confidential Information solely to Authorized Staff, in accordance with the requirements set out in this Agreement. The Municipality shall be responsible to MTO for any unauthorized access to Confidential Information resulting from the Municipality's failure to meet the Municipality's obligations in this Agreement (including this section). 7.5 No Exposure. Subject to the Authorized Uses set out in section 4.1, and without limiting the generality of the restrictions or obligations placed upon the Municipality in Articles 4, 5, 6 and 7, no Confidential Information shall be exposed or placed so that it can be viewed by the public and/or any non - authorized persons. 7.6 Destruction of Confidential Information. (a) Subject to sections 7.6(b) and 7.6(c) and 7.6(d), the Municipality shall destroy all copies of Confidential Information in its possession or control, upon or before the earlier of: 0 the expiration or termination of this Agreement for any reason; (ti) thirty (30) days following completion or fulfilment of the applicable Authorized Uses as set out in section 4.1; or (iii) the third Business Day after the date of suspension, cancellation or voluntary cancellation of any or all of the Municipality's accounts with MTO or any or all of the Municipality's rights or privileges under this Agreement. (b) Despite section 7.6(a), if this Agreement expires and no Event of Default has occurred and then remains outstanding, the Municipality shall not be required to destroy the Confidential Information and records referred to in that section for so long as there remains in full force and effect a separate written agreement entered into by the Municipality with MTO under which the Municipality is authorized to possess and use that Confidential Information and those records for the purposes for which they are then being possessed and used by the Municipality. (c) Despite section 7.6(a), the Municipality shall not be required to destroy the Confidential Information and records referred to in that section to the extent (if any) that: (i) the Confidential Information was also separately obtained by the Municipality from a third party that was not at that time under any obligation to keep such Confidential Information confidential; or (ii) the Confidential Information pertains to an individual who has consented to having the Municipality keep that Confidential Information (provided that such consent is given in accordance with applicable law), or (iii) the Municipality is required by applicable law to retain for any period of time any of the Confidential Information. The Municipality shall be permitted to retain such of that Confidential Information or those records, in such form and for such period of time, as is so required by applicable law, subject to the Municipality's confidentiality, non - disclosure and security obligations in this Agreement (including all of the Municipality's obligations in Articles 4, 5, 6 and 7). (d) For the avoidance of doubt, nothing in this section 7.6 shall limit or release the Municipality from the security, confidentiality and non - disclosure provisions of this Agreement, which provisions shall survive any termination or expiration of this Agreement and shall remain in full force and effect until such time as they are satisfied or by their nature expire. 7.7 Retention of Licensed Information Within Canada. Page 360 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... 9- The Municipality shall ensure that: (a) no Licensed Information Requests will be made, and (b) no Licensed Information Responses or Licensed Information will be received, transmitted, stored or retained by or on behalf of the Municipality outside Canada, for any time period, no matter how short. ARTICLE 8 AUTHORIZED STAFF 8.1 Listed in Part A -2 of Schedule "A ". The Municipality covenants and warrants that all Authorized Staff as of the date of this Agreement have been listed in Part A -2 of Schedule "A ". The Municipality shall, within ten (10) days of any change in the list of Authorized Staff, advise MTO of such change in writing or other format acceptable to MTO. Notwithstanding any other provision of this Agreement, MTO reserves the right in its absolute discretion: (a) to reject any employee or contractor of the Municipality as an Authorized Staff member; and (b) to prohibit an Authorized Staff member from accessing any Licensed Information. 8.2 Employee Training, Security Statements and Contractor Security Agreements. The Municipality shall require all Authorized Staff: (a) when and as required by MTO, to take such training in the handling and protection of the Licensed Information as is made available to the Municipality by MTO; (b) who are Municipality employees, to enter into and comply with the Employee Security Statement; and (c) who are individual third party contractors engaged by the Municipality, to enter into and comply with a Contractor Security Agreement. 8.3 Authorized Staff Compliance. The Municipality shall be solely responsible for ensuring that its Authorized Staff fully comply with the Municipality's confidentiality and security obligations contained in this Agreement. Without limiting the generality of the foregoing, or of section 8.2, the Municipality shall be solely responsible for ensuring full compliance with the Employee Security Statement and Contractor Security Agreement by Authorized Staff. The Municipality shall indemnify and hold harmless MTO from and against any Damages that occur as a result of any non - compliance with the Employee Security Statement or Contractor Security Agreement by such Authorized Staff. 8.4 Retention of Original Copies. The Municipality shall retain an original copy of each Employee Security Statement and Contractor Security Agreement from the time it is executed until at least three (3) years after the date the Authorized Staff who signed that Employee Security Statement or the Contractor Security Agreement (as the case may be) ceases to be an employee or contractor of the Municipality. Upon MTO's request from time to time, the Municipality shall provide MTO with copies of all executed Employee Security Statements and Contractor Security Agreements. ARTICLE 9 REPORTING AND RECORDS 9.1 Monthly Report M ref The Municipality shall duly complete and remit to MTO a monthly report which is contained in Schedule "E". The signature of the Treasurer or Chief Financial Officer of the Municipality shall be affixed to the monthly report. The monthly report shall be remitted to and received by MTO within fifteen days after the end of each calendar month to which the monthly report corresponds. Where the Municipality owes MTO payment under Article 16 herein, the monthly report shall be remitted along with the payment that is owing to MTO. Where no payment is owing to MTO under Article 16 herein, Page 361 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... 10- the monthly report that is remitted shall indicate as such 9.2 Annual Report The Municipality shall duly complete and remit to MTO an annual report as prescribed in Schedule "F ". The first annual report shall be remitted to, and received by MTO on or before April 15, 2005, and shall contain data corresponding to the period from the Effective Date to March 31, 2005. Subsequent annual reports shall be remitted to, and received by MTO on or before April 15 for each year that the Agreement is in effect, and shall contain data corresponding to the previous Fiscal Year. 9.3 MTO Reports MTO shall duly complete and send an annual report to the Municipality as prescribed in Schedule "G ". The report shall be remitted and received by the Municipality on or before May 1st of each year that the Agreement is in effect, and the data contained in each report shall correspond to the previous Fiscal Year, except for the first annual report which shall correspond to the period from April 1, 2004, to March 31, 2005. 9.4 Records MTO and the Municipality shall maintain written records, which shall be sufficient to enable both parties to produce the reports that are prescribed in Schedules "E", "F" and "G ". The Municipality shall retain the records contemplated in this section 9.4. throughout the Term and for three (3) years thereafter. 9.5 Records Custodian Each party shall designate one or more individuals with appropriate authority as the persons responsible for the compilation and custody of the written records of that party prescribed in section 9.4 (a "Records Custodian "). The Records Custodian(s) designated by a party shall be competent to certify the accuracy and completeness of the written records that such party is required to maintain and produce. The Records Custodian(s) designated by each party is (are) set out in Part A -2 of Schedule "A ", provided that either party may change the designation upon notice to the other party given in accordance with section 21.3. ARTICLE 10 AUDIT AND ANNUAL DECLARATIONS h tI-M 10.1 Audit of Municipality. The Municipality shall accommodate Audits of the Municipality in accordance with the provisions of Schedule "D ". For the avoidance of doubt, this section 10.1 and Schedule "D" shall survive the expiry or termination of this Agreement for any reason. 10.2 Audit of Permitted Recipients The Municipality shall ensure that each Permitted Recipient accommodates Audits of that Permitted Recipient in accordance with the provisions of Schedule "D" (as if that Permitted Recipient were the "Municipality" as specified in Schedule "D "), and that such Permitted Recipient fully co- operates with and assists MTO in carrying out such Audits in accordance with such provisions. The Municipality shall be fully liable to MTO for any failure by a Permitted Recipient to fulfil the requirements contemplated by this section 10.2, and any such failure shall constitute a breach by the Municipality of this Agreement. The Municipality agrees to indemnify and hold harmless the MTO from and against any Damages that occur as a result of any such failure. 10.3 Annual Declaration. Prior to the expiry of each current Term, the Municipality shall complete, sign and submit to MTO a declaration (the "Declaration ") relating to the Municipality's compliance with the obligations under this Agreement during the previous twelve (12) months. The Declaration shall be in such form and format as may be specified by MTO from time to time, and shall be executed by such officer of the Municipality, or other responsible person, as may be specified by MTO in the form of the Declaration. ARTICLE 11 INFORMATION TRANSMISSION 11.1 "As Requested" Basis. Page 362 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... Licensed Information shall be provided by MTO to the Municipality through the Delivery Channels and on an "as requested" basis in response to Licensed Information Requests, all in accordance with the procedures specified by MTO from time to time. The Municipality acknowledges that, owing to the complexity and diversity of technologies utilized in the provision of Licensed Information Responses, MTO does not guarantee that it will transmit or deliver Licensed Information within a stipulated time after receipt of the applicable Licensed Information Request. 11.2 Incomplete, Inaccurate or Corrupted Documents. (a) If MTO reasonably suspects that a Licensed Information Request received from the Municipality was incompletely or inaccurately transmitted, or corrupted in transmission, or not intended for MTO, MTO shall so notify the Municipality. MTO shall not respond to such Licensed Information Request until MTO has received confirmation from the Municipality of the validity and completeness of the Licensed Information Request. (b) If the Municipality reasonably suspects that a Licensed Information Response received from MTO was incompletely or inaccurately transmitted, or corrupted in transmission, or not intended for the Municipality, the Municipality shall so notify MTO. The Municipality shall not rely upon any information until the Municipality has received confirmation from MTO of the validity and completeness of the Licensed hformation Response. If requested by MTO, the Municipality shall return or destroy an invalid or incomplete Licensed Information Response. 11.3 Deemed Authorization. The Municipality shall establish reasonable and appropriate systems, methods and procedures to control the transmission or delivery of Licensed Information Requests and the receipt of Licensed Information Responses. Subject to section 11.2, each Licensed Information Request sent by the Municipality to MTO under this Agreement shall be deemed to have been duly authorized by the Municipality and shall be binding upon the Municipality, unless the Municipality otherwise notifies MTO before MTO responds to or makes any use of that Licensed Information Request. ARTICLE 12 APPLICATION INFORMATION 12.1 Warranty. The Municipality represents and warrants that all information contained in the Application is true, correct and complete as of the date of the Application. 12.2 Updates. (a) Within ten (10) Business Days after the occurrence of any change in any of the information contained in the Application, or any change to any of the information previously provided pursuant to this section 12.2 (a), the Municipality shall notify MTO (in writing or other format acceptable to MTO) of such change. (b) Prior to the expiry of any of the Supporting Documents, and no later than ten (10) days after the date of an amendment to any of the Supporting Documents, the Municipality shall provide MTO with a copy of the replacement Supporting Document, or of the amended Supporting Document, as the case may be. Upon the request of MTO, the Municipality shall provide MTO with an original or certified copy of any Supporting Document. MTO reserves the right, upon notice to the Municipality, to add additional documents to the list of Supporting Documents contained in Part A -1 of Schedule "A ". ARTICLE 13 REVIEW AND RE- VERIFICATION ha s 13.1 Review and Re- Verification Annually and as Required by MTO. At least thirty (30) days prior to the expiry of each current Term, and at such other times during each Term as may be required by MTO, the Municipality will review and re -verify (in such form and format as may be specified by MTO from time to time) the information contained in the Application, as such information may subsequently have been changed in accordance with section 12.2 (a). Page 363 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... 12- ARTICLE 14 AUTHORIZED REQUESTER INFORMATION SYSTEM 14.1 Electronic Requests. If the internet has been included as a Delivery Channel in Part A -1 of Schedule "A ", MTO will accept Licensed Information Requests from the Municipality, and will provide Licensed Information Responses in accordance with specifications set out in Part A -1 of Schedule "A" utilizing ARIS. 14.2 Password Assignment. (a) The Municipality shall (in writing or other format acceptable to MTO), advise MTO of those members of the Authorized Staff whom the Municipality wishes to have access to ARIS. (b) MTO, at its discretion, shall assign user identification and Passwords to members of the Authorized Staff in accordance with security policies and procedures of MTO. Notwithstanding the foregoing, MTO reserves the right not to issue user identification or a Password to any individual or individuals regardless of their designation as Authorized Staff. (c) The Municipality shall ensure that only Authorized Staff who log onto ARIS using the user identification and Password assigned to them by MTO (as such Password may be changed from time to time) can gain access to the Passwords or make Licensed Information Requests or receive Licensed Information Responses through ARIS. 14.3 Municipality Systems. In order to access Licensed Information utilizing ARIS, the Municipality shall obtain, install and test, at the Municipality's own expense, the following computer equipment, software and services, with the following minimum specifications: Pentium computer or higher; Internet Explorer, Netscape or higher; and • Internet service. The Municipality acknowledges and agrees that MTO shall have no responsibility for providing technical support, or maintenance, for any of the Municipality's own systems required to access ARTS. ARTICLE 15 CERTIFICATION OF RECORDS 15.1 Certification by Registrar The Municipality shall only request that Licensed Information be certified by the Registrar of Motor Vehicles (MTO) when the Municipality is required to do so for the purpose of legal proceedings or for some other purpose required by law. 15.2 Transmission of Certified Licensed Information MTO shall transmit to the Municipality, by mail or such other method as may be agreed to by both parties, all Licensed Information which it has certified in paper format. ARTICLE 16 FEES AND PAYMENT METHODOLOGY 16.1 Fees and Payment Schedule. For obtaining Licensed Information from MTO under this Agreement, the Municipality shall pay the Fees, and comply with the payment methodology, as set out in Schedule "C ". ARTICLE 17 INDEMNITY AND LIMITATION OF LIABILITY 17.1 Indemnity. Page 364 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... -13- (a) The Municipality agrees to defend, indemnify and hold harmless the Government of Ontario and its officers, employees, agents or contractors, from and against any and all Claims and Damages that may occur, by reason of (i) any breach or deemed breach of this Agreement by the Municipality, or (ii) any non - compliance with Employee Security Statements or Contractor Security Agreements by any of the Authorized Staff; or (iii) any non - compliance with Non - Disclosure Agreements by any Permitted Recipient; or (iv) any negligent, improper, or unauthorized use or dissemination of Confidential Information by the Municipality or by the officers, employees, contractors (including Authorized Staff) or agents of the Municipality; or by Permitted Recipients; or (v) inaccurate or out- of-date information contained in Licensed Information furnished to the Municipality by MTO. 17.2 Limitation of Liability. (a) The Government of Ontario makes no Warranties with respect to the Licensed Information, including any Warranties that any Licensed Information (or any information contained in the Licensed Information) will be accurate, complete or up -to -date, or free of errors or omissions, in whole or in part, or that any Licensed Information will be fit for any purpose. (b) In no event will the Government of Ontario be liable for any Damages or Claims, including any Claims for loss of profits or other incidental or consequential damages, arising out of the Municipality's use of, or inability to use or access, any Licensed Information, or delays by MTO, or from failure to supply Licensed Information, or from inaccurate, incomplete or out -of -date information contained in any Licensed Information. (c) The Municipality releases and forever discharges the Government of Ontario (and the Government of Ontario's officers, employees, agents and contractors) from any Claims relating to any Warranties contemplated in section 17.2(a) and from any Damages or Claims contemplated in section 17.2(b). 17.3 Survival. The provisions of this Article 17 shall survive the expiry or termination of this Agreement for any reason. ARTICLE 18 DEFAULT AND REMEDIES 18.1 Events of Default. "Events of Default" shall include any one or more of the following: (a) the Municipality is merged with, or annexed by, another municipality; (b) the Municipality has submitted false or misleading information to MTO (including false or misleading information in the Application) or makes a false representation in this Agreement or the Application; (c) the Municipality has failed to update the information contained in the Application or has failed to review and re -verify such information in accordance with section 12.2; (d) there is a material degradation in the security measures (including security products, tools or procedures) that the Municipality has in place to protect the Licensed Information from improper access, loss, alteration or destruction; (e) the Municipality commits a Privacy Default and such Privacy Default is not curable or such Privacy Default is curable but the Municipality fails to cure it as expeditiously as possible and in any event within twenty four (24) hours of receiving notice of such Privacy Default from MTO; Page 365 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... -14- (f) The Municipality fails to make any payment as required under this Agreement, or if payment is in the form of a cheque or other negotiable instrument, such payment is rejected for not sufficient funds; (g) the Municipality fails to meet any other term or condition of this Agreement (excluding any other default expressly referred to in this section 18.1) and such default is not curable or such default is curable but the Municipality fails to cure it within ten (10) days of receiving notice of such default from MTO; or (h) the Municipality is, or is deemed to be, in default under any other agreement(s) with MTO relating to access or use of any Confidential Information. 18.2 Remedies. (a) Upon the occurrence of an Event of Default, MTO shall have the right, effective immediately without notice, to: (i) terminate this Agreement; (ii) suspend or cancel any or all of the Municipality's accounts with MTO; (iii) suspend or cancel any or all of the rights or privileges of the Municipality under this Agreement; and/or (iv) suspend or cancel any or all of the Passwords issued by MTO to the Municipality. (b) MTO may also pursue any appropriate administrative, civil and/or criminal remedies for default of any of the provisions of this Agreement. 18.3 Notification of Default. The Municipality shall notify MTO in writing immediately upon becoming aware that an Event of Default has occurred, or that any other provisions of this Agreement have been breached. ARTICLE 19 AMENDMENTS TO THE AGREEMENT 19.1 Amendments. The Municipality acknowledges and agrees that MTO shall have the right unilaterally to amend this Agreement from time to time. Such amendments shall become effective ten (10) days after the Municipality's receipt of written notice of such amendments (or at any later time specified in such notice). Notwithstanding the foregoing, MTO shall have the right unilaterally to amend the Fees set out in Schedule "C ", without notice to the Municipality. 19.2 Termination. If the Municipality receives a notice of any amendments under section 19.1, the Municipality shall have the right to terminate this Agreement effective upon written notice to MTO. ARTICLE 20 PROMOTIONAL MATERIAL 20.1 Accuracy. Any promotional or informational material disseminated by the Municipality in connection with the Licensed Information or access to the Licensed Information shall be accurate and shall be consistent with the terms and provisions of this Agreement, and shall contain only factual statements relating to the Licensed Information and the purpose and conditions of access as set forth in this Agreement. For the avoidance of doubt, nothing in this section 20.1 shall be deemed to limit or release the Municipality from any of the confidentiality, security or privacy provisions of this Agreement. 20.2 MTO Trade -Marks and Logo. Neither MTO's name nor any MTO trade -mark or logo may be used by the Municipality without the prior written consent of MTO. Page 366 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... EME ARTICLE 21 GENERAL PROVISIONS 21.1 Force Majeure. Neither party shall be liable for delay or failure in performance resulting from acts beyond the control of that party, including acts of God, acts of war, fires, floods or other disasters, strikes, walkouts, lockouts, communication line or power failure, or failure, inoperability or destruction of computer hardware, software or firmware (unless caused by the negligence of that party), or any negligence, wilful misconduct or breach of this Agreement by the other party. 21.2 Nan - Assignability. The Municipality may not assign or transfer this Agreement, or any right under this Agreement, either in whole or in part. Subject to this restriction, this Agreement shall enure to the benefit of and bind, the parties and their respective successors and assigns. 21.3 Notices. (a) Any notification or other communication to be given under the provisions of this Agreement shall be in writing and shall be given by personal delivery, or sent by electronic facsimile, or mailed by a prepaid registered mail or delivered by courier service. Subject to change by either party with written notice in accordance with this section 21.3, notices shall be addressed in accordance with the addresses set out in Part A -2 of Schedule "A ". (b) Notices shall be deemed to have been effectively given on the date of personal delivery, the date of electronic facsimile transmission or the date of delivery by courier service, or in the case of service by registered mail five (5) days after the date of mailing. 21.4 Waiver. Failure of MTO to complain of any act or failure to act of the Municipality, or to declare the Municipality in default, shall not constitute a waiver by MTO of its rights under this Agreement. No waiver of any rights under this Agreement shall be effective unless in writing, duly executed by MTO. 21.5 Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes all prior understandings, discussions, negotiations, commitments, warranties and agreements, written or oral, express or implied, between them. Notwithstanding the foregoing, this section 21.5 shall not serve to terminate or cancel any outstanding liability or payment arising out of any prior agreements or arrangements of the parties with respect to access to, and use of, the Licensed Information. Except as expressly provided in this Agreement and subject to section 19.1, this Agreement may be amended or modified only by an instrument in writing executed by each of the parties. 21.6 Survival of Provisions. Obligations under this Agreement which expressly or by their nature survive the termination or expiry of the Term will continue in force subsequent to, and in spite of such termination or expiry until they are satisfied or by their nature expire. 21.7 Governing Law. This Agreement shall be deemed to have been formed in the Province of Ontario and shall be governed by the laws in force in Ontario (and the laws of Canada applicable in Ontario). Each party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any matter arising under, or related to, this Agreement. 21.8 Interpretation. (a) Headings are not to be considered part of this Agreement, and are included solely for convenience and are not intended to be full or accurate descriptions of the content of the paragraph. (b) In this Agreement, words importing the singular number include the plural and vice versa, words importing the masculine gender include the feminine and neuter genders; words importing persons include individuals, sole proprietors, corporations, partnerships, trust and unincorporated associations. Page 367 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... -16- (c) Unless specified otherwise in this Agreement, a reference in this Agreement to a statute refers to that statute as in force at the Effective Date and as the same may be amended, re- enacted, consolidated and/or replaced from time to time, and any successor statute. A reference to a statute shall be deemed to include any regulations made under that statute. (d) For purposes of this Agreement, unless otherwise provided in this Agreement, a period of days or Business Days shall be deemed to: (i) begin on the first day after the event that began that period, and (ii) end at 5:00 p.m. (Eastern Standard Time or Eastern Daylight Savings Time, as the case may be) on the last day or Business Day, as the case may be, of that period. (e) In this Agreement the words "include ", "includes" or "including" mean "include without limitation ", "includes without limitation" and "including without limitation ", respectively, and the words following "include ", "includes" or "including" shall not be considered to set forth an exhaustive list. IN WITNESS WHEREOF, each of the parties have executed and delivered this Agreement as of the date first above written. HER MAJESTY THE QUEEN in right of Ontario, as represented by the Minister of Transportation for Paul Brown, Director, Licensing Services Branch By: Wilma Piovesan Manager, Information Management Services Oversight Office Date- MUNICIPALITY: By: Print Name: I have the authority to bind the organization. Page 368 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... SCHEDULE "A" SPECIFICATIONS Part A -1 A. Licensed Information: PLDABS - Plate by date Abstract with Address PLCABS - Certified Plate by Date Abstract with Address B. Permitted Recipient(s): Third party providers of parking ticket program software who may access Licensed Information solely for the purpose of supporting such software on behalf of the Municipality. C. Delivery Channels: (a) For Licensed Information Requests: Internet (b) For Licensed Information Responses: Internet D. List of Supporting Documents: Security Statement, 9999 -12 -31 Authorized Application Signor Data & Signature, 9999 -12 -31 E. Security Provisions and Standards: Security Provisions: pass codes and password on our computers with fire walls. Building is secure with dead bolt locks. Office contains locking cabinets for storage. Page 369 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... Part -2 A. Addresses for Notice (a) For MTO Information Management Services Oversight Office Main Floor, Building "A" 2680 Keele Street Downsview ONTARIO M3M 3136 Attention: Coordinator, Business Information Services Unit Telephone: (416) 246-7112 Facsimile: (416) 235 -4465 (b) For the Municipality THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Physical Address: 148 Line 7 S Oro, ONTARIO LOL 2X0 CANADA Mailing Address: 148 Line 7 South, P.O. Box 100 S Oro, ONTARIO LOL 2X0 CANADA Attention: Mr. Douglas Irwin, Clerk Telephone: (705) 487 -2171 x0 Facsimile: (705) 487 -5569 B. List of Authorized Staff: Ms. Sheila Linton, Receptionist Mr. Robert Belsey, Municipal Law Enforcement Mr. Douglas Irwin, Clerk Ms. Katherine McDonnell, Municipal Law Enforcement Officer Ms. Jennifer Jermey, Records Clerk Mr. Robert Kennedy, Municipal Law Enforcement Officer C. Records Custodians: (a) MTO: (Title) Supervisor, Data Access Unit (Telephone Number) (416) 246 -7214 (b) The Municipality: (Title) (Telephone Number) ( ) Page 370 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... SCHEDULE "B" MUNICIPALITY EMPLOYEE SECURITY STATEMENT 02703 Employee Name: Division: Position #: 1. TIE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Municipality ") is licensed to receive confidential and personal information (the "Information ") from files and data bases administered by the Ontario Ministry of Transportation ( "MTO "). MTO is committed to protecting this Information from unauthorized access, use or disclosure. The following policies have been adopted to address employees'responsibilities for handling and protecting this Information. 2. As an employee of the Municipality, you may access this Information only when necessary to perform your duties as such employee in the course of your employment, and only for the following purposes: AU08 - Locating and invoicing owners of abandoned/illegally parked vehicles. For the avoidance of doubt, Licensed Information accessed and used for this Authorized Use cannot be disclosed to third parties for the purpose of collection of outstanding debts from the owners who have been located and invoiced. 3. You must not access or use this Information for personal reasons. (Examples of inappropriate access or misuse of Information include, but are not limited to: making inquiries for personal use or processing transactions on your own records or those of your friends or relatives; accessing Information about another person, including locating their residence address, for any reason not related to your work responsibilities or not authorized by the Municipality.) 4. You may disclose Information only to individuals who have been authorized to receive it through appropriate procedures which have been authorized by MTO. (Examples of unauthorized disclosures include but are not limited to: looking up someone's address for a friend.) 5. You must take reasonable precautions to maintain the secrecy of any password you use to access Information electronically. Reasonable precautions include, but are not limited to: not telling others your password or knowingly allowing them to observe while you enter it at a terminal; and frequently changing your password (and, if you suspect your password has been used by someone else, changing it immediately and notifying the Municipality); and selecting random passwords that are not easy for others to guess. 6. You must take reasonable precautions to protect data entry terminals and equipment from unauthorized access. Reasonable precautions include, but are not limited to: not leaving your terminal unattended while you are logged onto the system; exiting the database which contains any Information when you leave your workstation; securing your terminal with a locking device if one has been provided; storing in a secure place any user documentation to programs through which electronic access to any Information may be gained; and reporting any suspicious circumstances or unauthorized individuals you have observed in the work area to the Municipality. I have read and I understand the security policies stated above, and will comply with them and any other security policies issued in the future by the Municipality, MTO. I understand that failure to comply with these policies may result in disciplinary action by the Municipality and /or civil or criminal prosecution in accordance with applicable statutes. Signature of Employee Date Witnessed By Date Page 371 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... SCHEDULE "C" FEES AND PAYMENT SCHEDULE Payment of Amounts (1) The Municipality shall pay MTO the following amounts for accessing the Licensed Information: (a) $8.25 of every allowance of $11 that the Municipality receives for each notice of impending conviction that the Municipality issues where a conviction is subsequently obtained under subsection 18.2(6) of the POA (the allowance is authorized by subsections 12(1), (3), O. Reg. 949 made under the POA); (b) subject to clause 1(2) of this Schedule, $8.25 of every allowance of $9.00 that the Municipality receives for each fine that it collects in connection with a conviction under section 18.4 of the POA (deemed not to dispute charge due to failure to appear at the time and place appointed for the hearing) (the allowance is authorized by subsection 12.1(1), O. Reg. 949 made under the POA). (2) Where the Municipality receives an allowance of less than $9.00 as authorized by subsection 12.1(1) of O. Reg. 949, it shall not remit the amount specified in clause (b), but instead it shall remit to MTO any amount it receives in excess of $0.75, up to the amount of $8.25. 2. Method and Timing of Payment Subject to Clause 3 of this Schedule, the Municipality shall remit a payment by cheque which shall be received by MTO on or before the fifteenth day of each month for the amount prescribed in clause 1 above. The payment that is remitted to MTO shall be the amount owing to MTO from the previous calendar month and shall be accompanied by the corresponding monthly report (in accordance with section 9.1 of the Agreement). Back Payment Between July 1, 1998 and the first day of the month in which this Agreement is executed, if the Municipality has accessed and used Licensed Information for which payment remains due and owing to MTO, the Municipality shall remit such payment by cheque to MTO within (30) days after the date of execution of this Agreement. Such payment shall be accompanied by monthly reports (in accordance with section 9.1 of the Agreement) containing the corresponding data for any month for which payment is outstanding. 4. Payment Information Any payments owing to MTO under this Agreement or the Schedules made hereunder shall be made payable to the Minister of Finance/MTO. All payments and any reports that are required to be sent to MTO under this Agreement or the Schedules made thereunder shall be sent to: Ministry of Transportation Information Management Services Oversight Office Attention: Supervisor, Data Access Unit 2680 Keele St., Building "A" Downsview ONTARIO M3M 3E6 Page 372 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... SCHEDULE "D" AUDIT. INSPECTION AND REVIEW Right of Audit. MTO shall each have the right, from time to time, to Audit such of the Municipality's operations as relate to or are involved in the performance of the Municipality's obligations under this Agreement, including: (a) the Municipality's security arrangements (including the Security Statements and Contractor Security Agreements), and the Municipality's books and records; and (b) any media of, or in the possession of, the Municipality that contain any Confidential Information. 2. Tinting of Audits. The Audits contemplated in this Schedule "D" may be conducted at any time during the Municipality's normal business hours upon 24 hours' prior written notice (or, in the case of Audits relating to possible Privacy Defaults, without prior notice). 3. Authorized MTO Representatives. MTO shall have the right to engage third party representatives to perform Audits contemplated in this Schedule "D ". 4. Privacy Compliance. (a) Privacy- related Audits. Without limitation to the generality of this Schedule "D ", the Audit rights of MTO shall include the right to measure the Municipality's compliance with: (A) the Privacy Laws; (B) the provisions of this Agreement relating to the Municipality's compliance with the Privacy Laws; (C) the provisions of Articles 4 to 8 inclusive; and (D) any other provisions of this Agreement that relate to Personal Information or the Processing of Personal Information. (b) Privacy Compliance Meetings. In addition to performing the Audits contemplated in section 4 (a), MTO may require the Municipality to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 4 (a). Such meetings shall be held at such times and places as MTO may mutually agree upon with the Municipality from time to time, acting reasonably. However, if as a result of any such Audit MTO has reason to believe that the Municipality has committed a Privacy Default, MTO may require such meeting to be held within one (1) Business Day of MTO's notifying the Municipality in writing that MTO wishes to hold such meeting. 5. Performance Reviews. (a) Audits Relating to Overall Performance. Without limitation to the generality of this Schedule "D ", the Audit rights of MTO shall include the right to measure the Municipality's overall performance of its obligations under this Agreement. (b) Meetings to Review Overall Performance. In addition to performing the Audits contemplated under section 5 (a), MTO may require the Municipality to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 5 (a). Such meetings shall be held at such times and places as MTO (as the case may be) may mutually agree upon with the Municipality from time to time acting reasonably. Location and Manner of Audits. The Audits contemplated in this Schedule "D" may be conducted on -site at the location(s) of any of the Municipality's businesses or operations that relate to, or are involved in, the performance of the Municipality's obligations under this Agreement or the exercise of the Municipality's rights under this Agreement, including the locations) of any of the following; (a) the Security Statements or Contractor Security Agreements, or the Municipality's books and records; or (b) any media of, or in the possession of, the Municipality that contain any Confidential Information. Such Audits may be conducted in whole or in part by remote electronic means if the Municipality's electronic systems have the functional capability of facilitating such remote Audits. Municipality Co- operation. The Municipality shall fully co- operate with MTO in facilitating the conduct of any Audits Page 373 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... contemplated in this Schedule "D ", including providing such access, documentation, information, copies of documentation and information, and assistance as MTO may reasonably request for the purpose of such Audits. Duration of Audit Rights. The audit rights of MTO shall continue in effect for a period of three (3) years after the expiration or termination of the Agreement. 9. Correction of Defaults. Without limiting or restricting any other obligations of the Municipality, or rights or remedies of MTO, under this Agreement or at Law or in equity: (a) the Municipality shall, at its sole cost, correct any breaches by the Municipality of this Agreement (including any Privacy Defaults) identified through an Audit (and in respect of which MTO has provided written notification to the Municipality). Such corrections shall be done as expeditiously as reasonably possible and in any event within the applicable cure period (if any) provided in section 18.1 of the Agreement. (b) the Municipality shall notify MTO in writing upon such breaches having being corrected. (c) After receiving such notification from the Municipality, MTO may conduct a follow up Audit to confirm that all such breaches have been corrected. (d) If requested by MTO in the notification referred to in section 9 (a): (i) the Municipality shall provide to MTO, within ten (10) days of receiving the notification referred to in section 9 (a) (or within five (5) days of receiving such notification, where such breaches constitute Privacy Defaults), a reasonable written plan outlining the steps the Municipality will take to ensure that such breaches do not occur again; and (ii) the Municipality shall implement the plan provided under section 9 (d)(i) 10. Costs of Audit. (a) All costs incurred by the Municipality in connection with the Audits contemplated in this Schedule "D" shall remain solely the responsibility of the Municipality. (b) Except as provided in section 10 (c), all costs incurred by MTO in connection with the Audits contemplated in this Schedule "D" shall remain solely the responsibility of MTO. (c) Despite section 10 (b), if any Audit contemplated in this Schedule "D" discloses a material default by the Municipality under this Agreement, then the Municipality shall reimburse MTO for MTO's reasonable and verifiable costs of conducting such Audit. 11. Without Prejudice. For the avoidance of doubt, nothing in Schedule "D" shall be deemed to limit or prejudice the rights of MTO or the obligations of the Municipality under any other provision of this Agreement or at law or in equity. Page 374 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... Page 375 of 423 � e K e t4 E E e N b�9 N EA w boo % L y � CyC C d vV7 r fH vN r V3 � F F ro w 0 z ud w „ . .. v 0 4+ i y a e F A e >=o. yv dd d 4 v o '• A 'w Urea Eq o so d den ^�e^ �qQ, �ocam�avm i oa . .�' �� z� dwi.d d a: m dda�d KFL /v ^d Ad �'z�xw�a U y 1 � ax o E T J b C v m " .a L .c F W 4 � b A W r�r rl o ❑+ o F C O L F � 0 W � W a U � a � e a z o 0. e U � Y m � W i U y a b r U L b R U O •� R 1•n d U U � A. O 7 � N E d a � to z Page 375 of 423 � e K e t4 E E e N b�9 N EA w � % L y � CyC C d vV7 r fH vN r V3 � F F d U H b w 0 z v 0 4+ i y a e F A e >=o. yv dd d d '• A 'w Urea Eq o so d den ^�e^ �qQ, �ocam�avm i oa . .�' �� z� dwi.d d a: m dda�d ^d ^d Ad �'z�xw�a Page 375 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... Page 376 of 423 o m v O x no O U � M h N U cdQ R � ❑Oy C ^ N N �tl a�crrd y d � � IJ C o p m F4 rG Q N q fn � O D\ b G T F7 M R V .� O 9 ca fi aQ o o O = rn o C z z � A o � vCi O 3 C X � U � O C� Q w g C Z z Z q❑� .O, � n1 N ..y. fl 7 y o o ;o X m M �a X .� L O O z w w m N e�C Lam' g z H z 2 Z z z Z z F z z F F Z Z, so• w p iw.i O 8 Q` ^C❑S a OA p it .c Cdr W eR id 'C3 w °q N Page 376 of 423 z z A o � U � .O U b0 M �a X .� z z Page 376 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... Page 377 of 423 �u m C p N r7 7 F GG v v C C u ai c W b a°3 P. 7 •L E a G w O L � 22, E C e O, I Chi F o G w. N � O O � ro y O y �W � � o - a w wb v A d� 'c d o L a E� a °a. 0 c4 F I,. Page 377 of 423 7 •L G e G � ro y �W 'c E� 0 F Page 377 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... NON - DISCLOSURE AGREEMENT PERMITTED RECIPIENT 02703 Permitted Recipient: ( "you" or "your ") [Insert Name of Permitted Recipient] Municipality Name: THE CORPORATION OF THE TOWNSHIP OF (the ORO- MEDONTE "Municipality ") Permitted Purpose(s): Supply and/or support of software and/or hardware and/or programming related to the Municipality's Municipal Parking Tag Program and the data received by the municipality from the Ministry of Transportation in relation to the municipality's Municipal Parking Tag Program For sufficient valuable consideration you acknowledge having received (and as a condition of receiving Confidential Information from the Municipality), you understand and agree as follows: Under an agreement (the "Requester Agreement ") with the Ontario Ministry of Transportation ( "MTO "), the Municipality is licensed to receive confidential and personal information (the "Licensed Information ") from files and databases administered by MTO. 11. The Municipality and MTO are committed to protecting all of this Licensed Information and any information derived from the Licensed Information, (all of which is together referred to as the "Confidential Information ") from unauthorized access, use or disclosure. III. The following policies, and any future policies issued by MTO and the Municipality and provided to you in writing, (the "Policies ") set out your responsibilities for handling and protecting this Confidential Information. As a permitted recipient of the Confidential Information (a "Permitted Recipient ") you are bound by these Policies: Ownership: You acknowledge and agree that the Confidential Information is and will at all times remain solely the property of MTO. Confidentiality and Use: You must hold all of the Confidential Information in strict confidence. Without limiting the generality of this obligation, you must NOT directly or indirectly do any of the following: (a) disclose, make available, or provide or permit access to or use of, any Confidential Information to ANY other party (including, but not limited to, any third party contractor) for any purpose. The ONLY exception is that you may permit those of your employees who need to know that Confidential Information for the Permitted Purpose(s) indicated above. This exception only applies after you have fully informed those employees of, and required those employees to fully comply with, the Policies, and have obtained from each of the employees a signed Employee Security Statement in the form appended to this Agreement as Schedule "A "). You will be fully liable to the Municipality and MTO for any failure of your employees to fully comply with the Policies. Future Policies will be considered to have been "issued" by MTO or the Municipality when you are notified in writing of those Policies; (b) make any full or partial copies (in any format or media) of any of the Confidential Information (other than copies necessary to carry out the Permitted Purpose(s)). (c) use any of the Confidential Information for any purpose other than the Permitted Purpose(s). To avoid any doubt, you must never access, use or disclose any of the Confidential Information for any reasons that do not meet both of the above requirements, such as for personal reasons (e.g. looking up someone's address for a friend). MTO Audit: You must accommodate audits by MTO in accordance with the MTO Audit Policy (a copy of which is appended to this Agreement as Schedule "B ", and which you acknowledge having, read and understood), and fully co- operate with and assist MTO in carrying out such audits in accordance with such MTO Audit Policy, Page 378 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... Access and Use Only From Premises Approved by Municipality: You may only access and use the Confidential Information from premises approved by the Municipality. You must never copy or remove any Confidential Information from such premises. Data Matching or Profiling: Subject to the Permitted Purposes referred to above, you must not: (a) develop or derive for any purpose whatsoever, any other product, work or database, in human- readable or machine - readable form or otherwise, that incorporates, modifies, or uses in any manner whatsoever, any personal information contained in or obtained from the Confidential Information. (This does not, however, apply to any specific personal information that you had in your possession prior to receiving the Confidential Information); or (b) place any data which was not obtained directly or indirectly from the Municipality, into a database containing personal information obtained directly or indirectly from the Municipality. 6. No Contacting Individuals: You must not use the Confidential Information directly or indirectly to locate or contact any individual to whom the Confidential Information is directly or indirectly referable (a) To avoid any doubt, nothing in this Policy 9 will limit or release you from any of your other obligations under this Agreement, which obligations will remain in full force and effect. 7. Comply with Law: You must at all times remain in full compliance with all applicable laws relating to any access, use or disclosure of any personal information contained in the Confidential Information. You must also comply with any written instructions or directions from MTO from time to time concerning such personal information (to the extent that the Municipality notifies you of such instructions or directions). 9. Secrecy of Passwords: You must take reasonable precautions to maintain the secrecy of any password you use to access Confidential Information electronically. Reasonable precautions include, but are not limited to: not telling others your password or knowingly allowing them to observe while it is entered at a terminal; frequently changing your password (and, if you suspect your password has been used by someone else, changing it immediately); and selecting random passwords that are not easy for others to guess. 9. Access to Terminals: You must take reasonable precautions to protect data entry terminals and equipment from unauthorized access. Reasonable precautions include, but are not limited to: not leaving your terminal unattended while logged onto the system; exiting the database which contains any Confidential Information when leaving the workstation; securing your terminal with a locking device if one has been provided; and storing in a secure place any user documentation to programs through which electronic access to any Confidential Information may be gained. IV. All of your obligations in this Agreement will survive the expiry or any termination of your relationship with the Municipality, and will continue in full force and effect subsequently until they are satisfied or by their nature expire. V. If any provision of this Agreement is illegal, invalid or unenforceable, it will be severed. No waiver of any provision of this Agreement by the Municipality will constitute a waiver of any other provisions (whether or not similar) or a continuing waiver. This Agreement will be governed by Ontario law and the laws of Canada applicable in Ontario. You and the Municipality agree to attorn to the non - exclusive jurisdiction of the courts of Ontario for the resolution of any disputes arising out of, or in connection with, this Agreement. This Agreement may not be assigned by you, but otherwise will be binding upon and enure to the benefit of you and the Municipality and the respective heirs, executors, administrators, successors and permitted assigns of you and the Municipality. VI. MTO Right to Enforce this Agreement: You and the Municipality acknowledge and agree that: (a) While MTO is not a party to this Agreement and has no obligations under this Agreement, MTO will have the right to directly enforce your obligations in clause III above as if MTO were a party to this Agreement; (b) In furtherance of clause (a) above, the Municipality will be a trustee of MTO (and MTO's successors and assigns) for the limited purpose of Page 379 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... holding your obligations in clause III above in trust for MTO (and MTO's successors and assigns). (And to the extent that clause III incorporates any defined terms, the definitions of such terms as provided in this Agreement will be considered to be incorporated into clause III for the purposes of this clause VI); (c) To avoid any doubt, this means that in addition to the Municipality enforcing your obligations under this Agreement (in the Municipality's capacity as a party to this Agreement), MTO (and MTO's successors and assigns) may also enforce your obligations in clause III above in MTO's own right (and MTO will not be required to add the Municipality as a party to any proceedings for such enforcement); and (d) The trust created in favour of MTO (and its successors and assigns), as contemplated above, being coupled with an interest, may not be revised or revoked without the prior written consent of MTO (or such successors and assigns, as the case may be). VII. You acknowledge that you have read and understand the provisions of this Agreement (including, but not limited to, the Policies set out or referred to above), and will comply with them and with any other Policies issued in the future by MTO or the Municipality. You understand that failure to comply with the Policies or any such other Policies or changes will be a breach of this Agreement and (among other things) may result in civil or criminal prosecution in accordance with applicable statutes. Insert Name of Permitted Recipient Authorized Signature of Permitted Recipient Insert Name of Municipality Authorized Signature of Municipality Date: Date: Page 380 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... SCHEDULE "A" of NON - DISCLOSURE AGREEMENT PERMITTED RECIPIENT (Permitted Recipient) Permitted Recipient Name: Employee Name: Division: Position #: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Municipality ") is licensed to receive confidential and personal information (the "Information ") from files and databases administered by the Ontario Ministry of Transportation ( "MTO "). Under an agreement with the Municipality, (the "Permitted Recipient ") has been authorized to access the Information. The Municipality and MTO are committed to protecting this Information from unauthorized access, use or disclosure. The following policies have been adopted to address employees' responsibilities for handling and protecting this Information. 1. As an employee of the Permitted Recipient, you may access this Information only when necessary to perform your duties as such employee in the course of your employment, and only for the following purposes: Supply and/or support of software and/or hardware and/or programming related to the Municipality's Municipal Parking Tag Program and the data received by the municipality from the Ministry of Transportation in relation to the municipality's Municipal Parking Tag Program. 2. You must not access or use this Information for personal reasons. (Examples of inappropriate access or misuse of Information include, but are not limited to: making inquiries for personal use or processing transactions on your own records or those of your friends or relatives; accessing Information about another person, including locating their residence address, for any reason not related to your work responsibilities or not authorized by the Permitted Recipient.) 3. You may disclose Information only to individuals who have been authorized to receive it through appropriate procedures which have been authorized by MTO. (Examples of unauthorized disclosures include but are not limited to: looking up someone's address for a friend.) 4. You must take reasonable precautions to maintain the secrecy of any password you use to access Information electronically. Reasonable precautions include, but are not limited to: not telling others your password or knowingly allowing them to observe while you enter it at a terminal; and frequently changing your password (and, if you suspect your password has been used by someone else, changing it immediately and notifying the Permitted Recipient); and selecting random passwords that are not easy for others to guess. 5. You must take reasonable precautions to protect data entry terminals and equipment from unauthorized access. Reasonable precautions include, but are not limited to: not leaving your terminal unattended while you are logged onto the system; exiting the database which contains any Information when you leave your workstation; securing your terminal with a locking device if one has been provided; storing in a secure place any user documentation to programs through which electronic access to any Information may be gained; and reporting any suspicious circumstances or unauthorized individuals you have observed in the work area to the Permitted Recipient. I have read and I understand the security policies stated above, and will comply with them and any other security policies (or changes to policies) issued in the future by the Permitted Recipient, Municipality or MTO. I understand that failure to comply with these policies (or any such other policies or changes to policies) may result in disciplinary action by the Permitted Recipient and/or civil or criminal prosecution in accordance with applicable statutes. Signature of Employee Date Witnessed By Date Page 381 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... SCHEDULE "B" of NON - DISCLOSURE AGREEMENT PERMITTED RECIPIENT MTO AUDIT POLICY 02703 (Permitted Recipient) Permitted Recipient: ( "you" or "your ") [Insert Name of Permitted Recipient] Municipality Name: THE CORPORATION OF THE TOWNSHIP OF (the ORO- MEDONTE "Municipality ") This is the MTO Audit Policy referred to in the Permitted Recipient Non - disclosure Agreement that you signed with the Municipality (the "Permitted Recipient Non - disclosure Agreement "). Capitalized terms that are used in this MTO Audit Policy, but not defined in this MTO Audit Policy, have the meanings given to them in the Permitted Recipient Non - disclosure Agreement. In this MTO Audit Policy, the following defined terms have the following meanings: "Audit" and similar expressions means the performance by, on behalf of or for MTO of such audits, reviews, investigations, inspections, confirmations, certifications, tests, studies and determinations of or relating to any matter or thing pertaining to what is contemplated in clause (i) or (ii) of section 1 below. "Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public service holiday observed in the Province of Ontario. "include ", "includes" or "including" mean "include without limitation ", "includes without limitation" and "including without limitation ", respectively, and the words following "include ", "includes" or "including" will not be considered to set out an exhaustive list. "Privacy Default" means a breach of (i) any Privacy Laws, or (ii) any of the provisions of the Permitted Recipient Non - disclosure Agreement. "Privacy Laws" means the Freedom of Information and Protection of Privacy Act (Ontario), and the provisions of any other law from time that are applicable to you and that address the collection, use or disclosure of personal information. Right of Audit. MTO will have the right, from time to time, to Audit such of your businesses and operations as relate to, or are involved in, the your possession or control of Confidential Information. Subject to the provisions of this MTO Audit Policy and applicable law (including the Privacy Laws and the provisions of any other law from time that are applicable to MTO and that address the collection, use or disclosure of personal information) from time to time (including any disclosures that may be required by such laws), and subject to any agreements between MTO and its employees from time to time, MTO will (and will require any third party representatives referred to in section 3 to) hold in confidence any of your confidential information which is disclosed or made available to MTO (or such third party representatives) in connection with an Audit carved out under this MTO Audit Policy. Timing of Audits. The Audits contemplated in section 1 may be conducted at any time during your normal business hours upon 24 hours' prior written notice (or, in the case of Audits relating to possible Privacy Defaults, without prior notice). 3. Authorized MTO Representatives. MTO will have the right to engage third party representatives to perform Audits contemplated in section 1. 4. Privacy Compliance. (a) Privacy - related Audits. Without limiting the generality of section 1, MTO will have the right to conduct the Audits contemplated in section 1, to measure your compliance with: (A) the Privacy Laws; or (B) the provisions of the Permitted Recipient Non - disclosure Agreement. Page 382 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... (b) Privacy Compliance Meetings. In addition to performing the Audits contemplated under section 1A(a), MTO may require you to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 4(a). Such meetings will be held at such times and places as MTO may mutually agree upon with you from time to time acting reasonably. However, if as a result of any such Audit MTO has reason to believe that you have committed a Privacy Default, MTO may require such meeting to be held within one (1) Business Day of MTO notifying you in writing that MTO wishes to bold such meeting. Performance Reviews. (c) Audits Relating to Overall Performance. Without limiting the generality of section 1, MTO will have the right to conduct the Audits contemplated in section 1, to measure your overall performance of your obligations under the Permitted Recipient Non - disclosure Agreement. (d) Meetings to Review Overall Performance. In addition to performing the Audits contemplated under section 5(a), MTO may require you to meet with MTO to review the results of such Audits as they relate to the matters referred to in section 5(a). Such meetings will be held at such times and places as MTO may mutually agree upon with you from time to time acting reasonably. 6. Location and Manner of Audits. The Audits contemplated in section 1 may be conducted on -site at the location(s) of: (i) any of your businesses or operations that relate to or are involved in the performance of your obligations to the Municipality, or (ii) any media in your possession or control that contains Confidential Information. Such Audits may be conducted in whole or in part by remote electronic means if your computer systems have the functional capability of facilitating such remote Audits. Co-operation. You must fully co-operate with MTO in facilitating the conduct of any Audits contemplated in section 1, including providing such access, documentation, information, copies of documentation and information, and assistance as MTO may reasonably request for the purpose of such Audits. Duration of Audit Rights. MTO's Audit rights as contemplated in section 1 will be in force from the date you receive a copy of this MTO Audit Policy to the date which is three years after you cease to be a Permitted Recipient. Correction of Defaults. Without limiting or restricting any other obligations you may have, or rights or remedies MTO may have, under this MTO Audit Policy or at law or in equity: (a) You will, at your sole cost, correct any Privacy Defaults (including any breaches of the Permitted Recipient Non - disclosure Agreement) identified through an Audit (and in respect of which MTO provides written notification to you), and will do so as expeditiously as reasonably possible and in any event within four (24) hours of receiving notice of such Privacy Default from MTO. (b) You will notify MTO in writing upon such breaches having being corrected, (c) After receiving such notification from you, MTO may conduct a follow up Audit to confirm that all such breaches have been corrected. (d) If requested by MTO in the notification referred to in section 9(a): (i) you will provide to MTO, within five (5) days of receiving the notification referred to in section 9(a), a reasonable written plan outlining the steps you will take to ensure that such Privacy Defaults do not occur again; and (ii) you will implement the plan provided under section 9(d)(i). 10. Costs of Audit. (a) All costs incurred by you in connection with the Audits contemplated in section 1 will remain solely your responsibility. (b) Except as provided in section 10(c), all costs incurred by MTO in connection with the Audits contemplated in section 1 will remain solely the responsibility of MTO. Page 383 of 423 15g) - Being a By -law to Authorize the Execution of an Agree... (c) Despite section 1.10(b): (i) if any Audit contemplated in section 1 discloses a material uncured default by you under the Permitted Recipient Non - disclosure Agreement, then you must reimburse MTO for MTO's reasonable and verifiable costs of conducting such Audit; (ii) if any Confidential Information ism your possession or control at a location outside of Ontario, then you must reimburse MTO for MTO's reasonable and verifiable costs of conducting Audits (as contemplated in section 1) at such location(s) outside of Ontario. However, MTO shall only have the right to obtain reimbursement under this section 10(c)(ii) in respect of one such Audit in each calendar year. (Note: to avoid any doubt, nothing in this section 10(c)(ii) will be considered to in any way reduce or waive your obligations under section 4 of the Permitted Recipient Non - disclosure Agreement.) Without Prejudice. To avoid any doubt, nothing in this MTO Audit Policy will be deemed to limit or prejudice MTO's rights or your obligations under the Permitted Recipient Non - disclosure Agreement or at law or in equity. Page 384 of 423 15h) - A By -law to Appoint a Chief Municipal Law Enforcement... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -120 A By -law to Appoint a Chief Municipal Law Enforcement Officer WHEREAS the Police Services Act, R.S.O. 1990, Chapter P. 15, Section 15., provides the appointment of Municipal Law Enforcement Officers for the purpose of enforcing the by -laws of a municipality; AND WHEREAS the 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 the Municipal Act 2001, S.O. 2001, c. 25, Section 227, as amended, provides that it is the role of the officers and employees of the municipality, to implement council's decisions and establish administrative practices and procedures to carry out council's decisions; to undertake research and provide advice to council on the policies and programs of the municipality; and to carry out other duties required under this or any Act and other duties assigned by the municipality. AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte does now find it expedient to appoint a Chief Municipal Law Enforcement Officer; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: That Ted Lowcock be appointed as the Chief Municipal Law Enforcement Officer for the Township of Oro - Medonte; This by -law shall take effect on the 1 st day of August, 2011. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 385 of 423 15i) - A By -law to Amend By -law No. 2011 -063, Being a By- law... BY -LAW NO. 2011 -121 A By -law to Amend By -law No. 2011 -063, Being a By -law to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers 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 the Police Services Act, R.S.O. 1990, Chapter P.15, Section 15., provides the appointment of Municipal Law Enforcement Officers for the purpose of enforcing the by -laws of a municipality; AND WHEREAS Council of the Township of Oro - Medonte did, on the 27th day of April, 2011, enact By -law No. 2011 -063 to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers; AND WHEREAS Council deems it necessary to amend Schedule "A" of By -law No. 2011 -063; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That Schedule "A" to By -law No. 2011 -063 be amended to remove "Dustin Gronc ". 2. That Schedule "A" to By -law No. 2011 -063 be amended to add "Ted Lowcock ". 3. This by -law shall take effect on the 1 st day of August 2011 BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 386 of 423 15j) - A By -law to Amend By -law No. 2009 -022, Being a By- law... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -122 A By -law to Amend By -law No. 2009 -022, Being a By -law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro - Medonte And to Repeal By -law No. 2010 -043 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 states a lower -tier municipality and an upper -tier municipality may pass by -laws respecting matters within the following spheres of jurisdiction: highways including parking and traffic on highways. AND WHEREAS the whole sphere of highways, including parking and traffic on highways is assigned to all upper tier municipalities non - exclusively; AND WHEREAS Section 27(1) of the Municipal Act, 2001, provides that a municipality may pass By -laws in respect to highways over which it has jurisdiction; AND WHEREAS Council of The Corporation of the Township of Oro - Medonte, did on the 25th day of February 2009, enact By -law No. 2009 -022, Being a By -law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro - Medonte; AND WHEREAS Council of the Township of Oro - Medonte does now find it expedient to amend Section 7.1.1 of By -law No. 2009 -022 regarding parking a vehicle or permitting a vehicle to remain parked on any highway, and Section 9.1.2 of By -law No. 2009 -022 regarding stopping a vehicle or permitting a vehicle to remain stopped on any highway; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That Section 7.1.1 of By -law No. 2009 -022 be deleted in its entirety and replaced with: 7.1.1 within fifteen metres (15m) of an intersection ;" 2. That Section 9.1.2 of By -law No. 2009 -022 be deleted in its entirety and replaced with: "9.1.2 within fifteen metres (15m) of an intersection or crosswalk ;" 3. That By -law No. 2010 -043 is hereby repealed in its entirety. 4. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. Ira -[•i•] 71.7: �_�r�•r�•»r:I�CH�J1�6y:111.7�•] Z•>D��d��Ll��r�l Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 387 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2011 -123 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Cowden Woods Design Builders Ltd. for Ian Beard Centre — Renovations 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. SC110629 -4, the successful bidder for Ian Beard Centre Renovations - Nurse Practitioner Clinic, Tender RC2011 -02 to be Cowden Woods Design Builders Ltd.; AND WHEREAS Council deems it expedient to enter into an agreement for Tender RC2011 -02 for Ian Beard Centre Renovations - Nurse Practitioner Clinic; 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 Tender RC2011 -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 13TH DAY OF JULY, 2011. I r 71 � � i • 7 :71 • 7 :7nr r [ • P H ] � r : I � C • P J l � 6y a 11 • 7 � • ] : Z • � i � d � •L l � r r � Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 388 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... Page 389 of 423 l 1 stipulated • contract 1 2 1 • 8 I IAN BEARD CENTRE - Renovations Apply a CCDC 2 copyright seal here. The application of the sea] demonstrates the intention of the party proposing the use of this document that it he an accurate and unamended form of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. i h j` (` Y ] ] Page 389 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... TABLE OF CONTENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR A -1 The Work A -2 Agreements and Amendments A -3 Contract Documents A4 Contract Price A -5 Payment A -6 Receipt of and Addresses for Notices in Writing A -7 Language ofthe Contract A -8 Succession DEFINITIONS 1. Change Directive 2. Change Order 1 Construction Equipment 4. Consultant 5. Contract 6, Contract Documents 7. Contract Price S. Contract Time 9. Contractor 10. Drawings 11. Notice in Writing 12. Owner 13. Place ofthe Work 14. Product 15. Project 16. Provide 17. Shop Drawings 18. Specifications 19. Subcontractor 20. Substantial Performance ofthe Work 21. Supplemental Instruction 22. Supplier 23. Temporary Work 24. Value Added Taxes 25. Work 26. Working Day GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 Contract Documents GC 1.2 Law ofthe Contract GC 1.3 Rights and Remedies GC 1.4 Assignment PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 Authority ofthe Consultant GC 2.2 Role of the Consultant GC 23 Review and Inspection ofthe Work GC 2.4 Defective Work PART 3 EXECUTION OF THE WORK GC 3.1 Control ofthe Work GC 3.2 Construction by Owner or Other Contractors GC 3.3 Temporary Work GC 3.4 Document Review GC 3.5 Construction Schedule GC 3.6 Supervision GC 3.7 Subcontractors and Suppliers GC 3.8 Labour and Products GC 3.9 Documents at the Site GC 3.10 Shop Drawings GC 3.11 Use ofthe Work GC 3.12 Cutting and Remedial Work GC 3.13 Cleanup PART 4 ALLOWANCES GC 4.1 Cash Allowances GC 4.2 Contingency Allowance PART 5 PAYMENT GC 5.1 Financing Information Required ofthe Owner GC 52 Applications for Progress Payment GC 5.3 Progress Payment GC 5.4 Substantial Performance of the Work GC 5.5 Payment of Holdback upon Substantial Performance ofthe Work OC 5.6 Progressive Release of Holdback OC 5.7 Final Payment GC 5.8 Withholding of Payment GC 5.9 Non - conforming Work PART 6 CHANGES IN THE WORK GC 6.1 Owner's Right to Make Changes GC 6.2 Change Order GC 6.3 Change Directive GC 6.4 Concealed or Unknown Conditions GC 6.5 Delays GC 6.6 Claims for a Change in Contract Price PART 7 DEFAULT NOTICE GC 7.1 Owner's Right to Perform the Work, Terminate the Contractor's Right to Continue with the Work or Terminate the Contract GC 7.2 Corm actor's Right to Suspend the Work or Terminate the Contract PARTS DISPUTE RESOLUTION OC 8.1 Authority ofthe Consultant OC 8.2 Negotiation, Mediation and Arbitration GC 8.3 Retention of Rights PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 Protection of Work and Property GC 9.2 Toxic and Hazardous Substances CC 9.3 Artifacts and Fossils GC 9.4 Construction Safety CC 9.5 Mould PART 10 GOVERNING REGULATIONS GC 10.1 Taxes and Duties GC 10.2 Laws, Notices, Permits, and Fees GC 10.3 Patent Fees GC 10.4 Workers' Compensation PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 insurance GC 112 Contract Security PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 12.1 Indemnification GC 12.2 Waiver of Claims GC 12.3 Warranty The Canadian Construction Documents Committee (CCDC) is a national joint committee responsible for the development, production and review of standard Canadian construction contracts, forms and guides. Formed in 1974 the CCDC is made up of volunteer representatives from: Public Sector Owners Private Sector Owners Canadian Bar Association (Ex- Officio) • The Association of Canadian Engineering Companies • The Canadian Construction Association • Construction Specifications Canada • The Royal Architectural Institute of Canada *Committee policy and procedures are directed and approved by the four constituent national organizations. CCDC 2 is the product of a consensus - building process aimed at balancing the interests of all parties on the construction project. It reflects recommended industry practices. CCDC 2 can have important consequences. The CCDC and its constituent member organizations do not accept any responsibility or liability for loss or damage which may be suffered as a result of the use or interpretation of CCDC 2. CCDC Copyright 2008 Must not be copied in whole or in part without the written percussion ofthe CCDC. Page 390 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... Standard Construction Document CCDC 2 -2008 AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment. This Agreement made on the 30th day of June in the year 2011 by and between the parties Township of Oro - Medonte hereinafter called the "Owner" and Cowden Woods Design Builders Ltd. hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A -1 THE WORK The Contractor shall: 1.1 perform the Work required by the Contract Documents for Ian Beard Centre - Renvoations insert above the name of the Work located at 3375 4th Line North Oro Medonte, ON insert above the Place of the Work for which the Agreement has been signed by the parties, and for which Steenhof Building Services Group insert above the name ofthe Consultant is acting as and is hereinafter called the "Consultanehrid 1.2 do and fulfill everything indicated by the Contract Documents, and 1.3 commence the Work by the 30th day of June in the year 2011 and, subject to adjustment in Contract 7tme as provided for in the Contract Documents, attain Substantiai Performance of the Work, by the 19th day of August in the year 2011 . ARTICLE A -2 AGREEMENTS AND AMENDMENTS 2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS. 2.2 The Contract may be amended only as provided in the Contract Documents. 4 CCDC 2 -2008 File 005213 1 Note: This contract is protected by eop}n fight. Use of a CCDC 2 document not containing a CCDC 2 copyright seat constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seat to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 391 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... ARTICLE A -3 CONTRACT DOCUMENTS 3.1 The following are the Contract Documents referred to in Article A -I of the Agreement - THE WORK — Agreement between Owner and Contractor — Definitions — The General Conditions of the Stipulated Price Contract Drawings and Specifications prepared by Steenhof Building Services for the Ian Beard Centre Renovations (Project No, S- 11206). /� ` s. (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g, supplementary conditions; information documents; specifications, giving a list of contents with section numbers and titles, number of pages and date; material finishing schedules; drawings, giving drawing number, title, date, revision date or mark; addenda, giving title, number, date) CCDC 2 -2008 File 005213 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are setforth in supplemen1m7+ conditions. Page 392 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... s ARTICLE A -4 CONTRACT PRICE 4.1 The Contract Price, which excludes Value Added Taxes, is: rk3�,i�usaad.and.Six� Fives Hc�l enis ,e�� �� � 2%6j "n6 f /100 dollars d 4.2 Value Added Taxes (of 13 %) payable by the Owner to the Contractor are: Five Thousand Nine Hundre 1B 6 ®89.17 �• 7100 dollars $ X988 4� 4.3 Total amount payable by the Owner to the Contractor for the construction of the Work is: it3b- Tie- TdzBUSarrd acrd i hree oars an Fourty Five Cents 9x— -3i 9s, rte, �%7ll��e'�hd �icrri;r—✓,t7/yp f /100 dollars $ 4.4 These amounts shall be subject to adjustments as provided in the Contract Documents. 4.5 All amounts are in Canadian funds. ARTICLE A -5 PAYMENT 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of Ten percent( 10 %), the Owner shall: I make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the Consultant together with such Value Added Taxes as may be applicable to such payments, and .2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 - INSURANCE. 5.3 Interest 1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until payment: (1) 2% per annum above the prime rate for the first 60 days. (2) 4% per annum above the prime rate after the first 60 days. Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by Bank of Canada (Insert name of chartered lending institution whose prime rate is to be used) for prime business loans as it may change from time to time. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the settlement amount of any claim in dispute that is resolved either pursuant to Part 8 of the General Conditions - DISPUTE RESOLUTION or otherwise, from the date the amount would have been due and payable under the Contract, had it not been in dispute, until the date it is paid. CCDC 2 -2008 File 005213 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or atodtftcations are set forth in supplementary conditions. Page 393 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... ARTICLE A -6 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING 6.1 Notices in Writing will be addressed to the recipient at the address set out below. The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender. A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by the other party on the date of delivery if delivered by hand or courier, or if sent by mail it shall be deemed to have been received five calendar days after the date on which it was mailed, provided that if either such day is not a Working Day, then the Notice in Writing shall be deemed to have been received on the Working Day next following such day. A Notice in Writing sent by facsimile or other form of electronic communication shall be deemed to have been received on the date of its transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been received at the opening of business at the place of receipt on the first Working Day next following the transmission thereof. An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this Article. Owner Contractor Consultant Municipality of Oro - Medonte name ofOivner* 148 Line 7S, Box 100, Oro Ontario LOL2X0 address 1- 705- 487 -2171 sbinns @oro- medonte.ca facsimile number email address Cowden Woods Design Builders Ltd. name of Contractor* 249 Saunders Road, Barrie, Ontario, L4N 9A3 address 1- 705- 721 -8422 facsimile number Steenhof Building Services Group email address name of Consultant* 100 Hunter Valley Road Orillia Ontario L3V 6112 address 1- 705- 325 -8400 jslavish @steenhofbuilding.com facsimile number email address * If it is intended that the notice must be received by a specific individual, that individual's name shall be indicated. i ARTICLE A -7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the English / French # language shall prevail. # Complete this statement by striking out inapplicable term. 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente convention est rddigde en anglais a la demande des parties. CCDC 2 -2008 File 005213 4 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an irfrtrtgement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 394 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... ARTICLE A -8 SUCCESSION 8.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives. SIGNED AND DELIVERED in the presence of: WITNESS signature name ofperson signing OWNER name ofowner signature name and title ofperson signing signature signature name ofperson signing name and title ofperson signing WITNESS CONTRACTOR 5 Af �- name of Conmactor signatur signature name ofperson signing name and title ofperson signing signature signature name ofperson signing name and title ofperson signing N B. Where legal jurisdiction, local practice or Owner or Contractor requirement calls for: (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affixing ofa corporate seal, this Agreement should be properly sealed. CCDC 2 — 2008 File 005213 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 1— 2008 except to the extent that ai , alterations, additions or modifications are set forth in supplementary conditions. Page 395 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... Standard Construction Document CCDC 2 — 2008 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the Contractor to proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and the Contractor agreeing upon adjustments in the Contract Price and the Contract Time. 2. Change Order A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the Contractor stating their agreement upon: - a change in the Work, - the method of adjustment or the amount of the adjustment in the Contract Price, if any; and - the extent of the adjustment in the Contract Time, if any. 3. Construction Equipment Construction Equipment means all machinery and equipment, either operated or not operated, that is required for preparing, fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work. 4. Consultant The Consultant is the person or entity engaged by the Owner and identified as such in the Agreement. The Consultant is the Architect, the Engineer or entity licensed to practise in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authorized representative. 5. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. 6. Contract Documents The Contract Documents consist of those documents listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS and amendments agreed upon between the parties. 7. Contract Price The Contract Price is the amount stipulated in Article A -4 of the Agreement - CONTRACT PRICE. 8. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A -1 of the Agreement - THE WORK from commencement of the Work to Substantial Performance of the Work. 9. Contractor The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the Contractor or the Contractor's authorized representative as designated to the Owner in writing. 10. Drawings The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, and diagrams. 11. Notice in Writing A Notice in Writing, where identified in the Contract Documents, is a written communication between the parties or between them and the Consultant that is transmitted in accordance with the provisions of Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. 12. Owner The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. 13. Place of the Work The Place of the Work is the designated site or location of the Work identified in the Contract Documents. 14. Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include Construction Equipment. CCDC 2 - 2008 He 007100 6 Note: Thts contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infi- ingement of copyright. Only sign this contract tf the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 396 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... 15. Project The Project means the total constructi on contemplated of which the Work may be the whole or a part. 16. Provide Provide means to supply and install. 17. Shop Drawings Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which the Contractor provides to illustrate details of portions of the Work. 18. Specifications The Specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, workmanship, quality, and the services necessary for the performance of the Work. 19. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work at the Place of the Work. 20. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. 21. Supplemental Instruction A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of Spec(cations, Drawings, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. 22. Supplier A Supplier is a person or entity having a direct contract with the Contractor to supply Products. 23. Temporary Work Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding Construction Equipment, required for the execution of the Work but not incorporated into the Work. 24. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial or Territorial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the Contractor by the tax legislation. 25. Work The Work means the total construction and related services required by the Contract Documents. 26. Working Day Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the construction industry in the area of the Place of the Work. CCDC 2 - 2008 File 007100 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infrn:gement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 397 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... i Standard Construction Document CCDC2 -2008 GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between: .1 the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. 1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.5 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1.1.6 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers. 1.1.7 if there is a conflict within the Contract Documents: .1 the order of priority of documents, from highest to lowest, shall be — the Agreement between the Owner and the Contractor, — the Definitions, — Supplementary Conditions, — the General Conditions, — Division 1 of the Specifications, — technical Specifications, — material and finishing schedules, — the Drawings. .2 Drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on Drawings shall govern over dimensions scaled from Drawings. .4 later dated documents shall govern over earlier documents of the same type. 1.1.8 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perform the Work. 1.1.9 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All Specifications, Drawings and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.10 Models furnished by the Contractor at the Owner's expense are the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. CCDC 2 — 2008 File 007213 Note: 777is contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions. Page 398 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... GC 1.4 ASSIGNMENT 1.4.1 Neither patty to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner, the Contractor and the Consultant. 2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant. i GC 2.2 ROLE OF THE CONSULTANT 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents. 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents. 2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultants responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 The Consultant will promptly inform the Owner of the date of receipt of the Contractor's applications for payment as provided in paragraph 5.3.1.1 of GC 5.3 — PROGRESS PAYMENT. 2.2.5 Based on the Consultants observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article A -5 of the Agreement - PAYMENT, GC 5.3 - PROGRESS PAYMENT and GC 5.7 - FINAL PAYMENT. 2.2.6 The Consultant will not be responsible for and will not have control, charge or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work. 2.2.7 Except with respect to GC 5.I - FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents. 2.2.8 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be initially referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other Party. 2.2.9 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. In making such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. 2.2.10 The Consultant's interpretations and findings will be given in writing to the parties within a reasonable time. 2.2.11 With respect to claims for a change in Contract Price, the Consultant will make findings as set out in GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. 2.2.12 The Consultant will have authority to reject work which in the Consultant's opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. CCDC 2 - 2008 File 007213 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seat constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 - 2008 except to the extent that any alterations, additions or modifications are sel forth in supplementary conditions. Page 399 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... i 2.2.13 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. 2.2.14 The Consultant will review and take appropriate action upon Shop Drawings, samples and other Contractor's submittals, in accordance with the Contract Documents. 2.2.15 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE ORDER and GC 6.3 CHANGE DIRECTIVE. 2.2.16 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. 2.2.17 All certificates issued by the Consultant will be to the best of the Consultant' s knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.18 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the Consultant's instructions, or by the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notification of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notification of the date and time of inspections by other authorities. 2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor shall pay the cost of making any test or inspection, including the cost of samples required for such test or inspection, if such test or inspection is designated in the Contract Documents to be performed by the Contractor or is designated by the laws or ordinances applicable to the Place of the Work. 2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by the Consultant or the Owner if such test or inspection is designated in the Contract Documents. GC 2.4 DEFECTIVE WORK 2.4.1 The Contractor shall promptly correct defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such corrections at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents. if the Owner and the Contractor do not agree on the difference in value, they shall refer the matter to the Consultant for a determination. CCDC 2 -2008 File 007213 10 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 400 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... PART 3 EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co- ordinating the various parts of the Work under the Contract. i GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform work with own forces. 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Owner shall: 1 provide for the co- ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract; .4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 - INSURANCE and co- ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the Owner and other contractors reasonable opportunity to store their products and execute their work; .2 cooperate with other contractors and the Owner in reviewing their construction schedules; and .3 promptly report to the Consultant in writing any apparent deficiencies in the work of other contractors or of the Owner's own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion of the Work. 3.2.4 Where the Contract Documents identify work to be performed by other contractors or the Owner's own forces, the Contractor shall co- ordinate and schedule the Work with the work of other contractors and the Owner's own forces as specified in the Contract Documents. 3.2.5 Where a change in the Work is required as a result of the co- ordination and integration of the work of other contractors or Owner's own forces with the Work, the changes shall be authorized and valued as provided in GC 6.1 - OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.2.6 Disputes and other matters in question between the Contractor and other contractors shall be dealt with as provided in Part 8 of the General Conditions - DISPUTE RESOLUTION provided the other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owner contains a similar agreement to arbitrate. GC 3.3 TEMPORARY WORK 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of Temporary Work. 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such Temporary Work is of such a nature that professional engineering skill is required to produce safe and satisfactory results. CCDC 2 - 2008 File 007213 W Note: 77eis contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 401 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... 3.3.3 Notwithstanding the provisions of GC 3.1 - CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify a method of construction in whole or in part, such designs or methods of construction shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information and belief and in making such review the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Contractor shall: 1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter - relationship to demonstrate the Work will be performed in conformity with the Contract Time; .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and .3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions - CHANGES IN THE WORK. GC 3.6 SUPERVISION 3.6.1 The Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the Place of the Work while work is being performed. The appointed representative shall not be changed except for valid reason. 3.6.2 The appointed representative shall represent the Contractor at the Place of the Work. Information and instructions provided by the Consultant to the Contractor's appointed representative shall be deemed to have been received by the Contractor, except with respect to Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. GC 3.7 SUBCONTRACTORS AND SUPPLIERS 3.7.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract, and shall: 1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3.7.2 The Contractor shall indicate in writing, if requested by the Owner, those Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.7.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. 3.7.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. CCDC 2 — 2008 File 007213 12 Note This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract itithe document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any aherations, additions or modifications are setforth in supplementary conditions. Page 402 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... i 3.7.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to which the Contractor may reasonably object. 3.7.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the Subcontractor's or Supplier's work which has been certified for payment_ GC 3.8 LABOUR AND PRODUCTS 3.8.1 The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract. 3.8.2 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.8.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned. GC 3.9 DOCUMENTS AT THE SITE 3.9.1 The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place of the Work, in good order and available to the Owner and the Consultant. GC 3.10 SHOP DRAWINGS 3.10.1 The Contractor shall provide Shop Drawings as required in the Contract Documents. 3.10.2 The Contractor shall provide Shop Drawings to the Consultant to review in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of other contractors. 3.10.3 Upon request of the Contractor or the Consultant, they shall jointly prepare a schedule of the dates for provision, review and return of Shop Drawings. 3.10.4 The Contractor shall provide Shop Drawings in the form specified, or if not specified, as directed by the Consultant. 3.10.5 Shop Drawings provided by the Contractor to the Consultant shall indicate by stamp, date and signature of the person responsible for the review that the Contractor has reviewed each one of them. 3.10.6 The Consultant's review is for conformity to the design concept and for general arrangement only. 3.10.7 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such authority by the Contractor for approval. 3.10.8 The Contractor shall review all Shop Drawings before providing them to the Consultant. The Contractor represents by this review that: .1 the Contractor has determined and verified all applicable field measurements, field construction conditions, Product requirements, catalogue numbers and similar data, or will do so, and .2 the Contractor has checked and co- ordinated each Shop Drawing with the requirements of the Work and of the Contract Documents. 3.10.9 At the time of providing Shop Drawings, the Contractor shall expressly advise the Consultant in writing of any deviations in a Shop Drawing from the requirements of the Contract Documents. The Consultant shall indicate the acceptance or rejection of such deviation expressly in writing. 3.10.10 The Consultant's review shall not relieve the Contractor of responsibility for errors or omissions in the Shop Drawings or for meeting all requirements of the Contract Documents. 3.10.11 The Contractor shall provide revised Shop Drawings to correct those which the Consultant rejects as inconsistent with the Contract Documents, unless otherwise directed by the Consultant. The Contractor shall notify the Consultant in writing of any revisions to the Shop Drawings other than those requested by the Consultant. 3.10.12 The Consultant will review and return Shop Drawings in accordance with the schedule agreed upon, or, in the absence of such schedule, with reasonable promptness so as to cause no delay in the performance of the Work. CCDC 2 — 2008 File 007213 13 Note: This contract is protected by cops right. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an tt f geinent of copyright. Only sign this contract if the document cover page bears a CCDC 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 403 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... GC 3.11 USE OF THE WORK 3.11.1 The Contractor shall confine Construction Equipment, Temporary Work, storage of Products, waste products and debris, and operations of employees and Subcontractors to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Place of the Work. 3.11.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC 3.12 CUTTING AND REMEDIAL WORK 3.12.1 The Contractor shall perform the cutting and remedial work required to make the affected parts of the Work come together properly. 3.12.2 The Contractor shall co- ordinate the Work to ensure that the cutting and remedial work is kept to a minimum. 3.12.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill -timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 6.1— OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.12.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Work. GC 3.13 CLEANUP 3.13.1 The Contractor shall maintain the Work in a safe and tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, other contractors or their employees. 3.13.2 Before applying for Substantial Performance of the Work as provided in GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK, the Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees, and shall leave the Place of the Work clean and suitable for use or occupancy by the Owner. The Contractor shall remove products, tools, Construction Equipment, and Temporary Work not required for the performance of the remaining work. 3.13.3 Prior to application for the final payment, the Contractor shall remove any remaining products, tools, Construction Equipment, Temporary Work, and waste products and debris, other than those resulting from the work of the Owner, other contractors or their employees. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of work or costs included in such cash allowances shall be as described in the Contract Documents. 4.1.2 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant. 4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, the Contractor shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set out in the Contract Documents. Where the actual cost of the Work under any cash allowance is less than the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash allowance, but not for the Contractor's overhead and profit on such amount. Multiple cash allowances shall not be combined for the purpose of calculating the foregoing. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the amount of each cash allowance and the actual cost of the work under that cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. CCDC 2 — 2008 File 007213 14 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 404 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 The contingency allowance includes the Contractor's overhead and profit in connection with such contingency allowance. 4.2.3 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 4.2.4 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.3 and the contingency allowance. PART5 PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, before signing the Contract, and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall give the Contractor Notice in Writing of any material change in the Owner's financial arrangements to fulfill the Owner's obligations under the Contract during the performance of the Contract. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.1 Applications for payment on account as provided in Article A -5 of the Agreement - PAYMENT may be made monthly as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an altemative day of the month agreed in writing by the parties. 5.2.3 The amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed and Products delivered to the Place of the Work as of the last day of the payment period. 5.2.4 The Contractor °shall submit to the Consultant, at least 15 calendar days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. S.2.5 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment, unless it is found to be in error. 5.2.6 The Contractor shall include a statement based on the schedule of values with each application for payment. 527 Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. GC 5.3 PROGRESS PAYMENT 5.3.1 After receipt by the Consultant of an application for payment submitted by the Contractor in accordance with GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT: .1 the Consultant will promptly inform the Owner of the date of receipt of the Contractor's application for payment, .2 the Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant determines to be properly due. If the Consultant amends the application, the Consultant will promptly advise the Contractor in writing giving reasons for the amendment, .3 the Owner shall make payment to the Contractor on account as provided in Article A -5 of the Agreement - PAYMENT on or before 20 calendar days after the later of: - receipt by the Consultant of the application for payment, or - the last day of the monthly payment period for which the application for payment is made. CCDC 2 — 2008 He 007213 15 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page beats a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 1— 2408 except to the extern that any alterations, additions or modifications are set forth in supplementary conditions. Page 405 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 5.4.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall, within one Working Day, deliver to the Consultant and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Consultant to establish Substantial Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the 1 list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 The Consultant will review the Work to verify the validity of the application and shall promptly, and in any event, no later than 20 calendar days after receipt of the Contractor's list and application: 1 advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and give reasons why, or .2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy of that certificate to each of the Owner and the Contractor. 5.4.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a reasonable date for finishing the Work. GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Contractor shall: .1 submit an application for payment of the holdback amount, .2 submit CCDC 9A `Statutory Declaration' to state that all accounts for labour, subcontracts, Products, Construction Equipment, and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full, except for amounts properly retained as a holdback or as an identified amount in dispute. 5.5.2 After the receipt of an application for payment from the Contractor and the statement as provided in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback account, the Owner shall, 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.5.4 In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the first calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. 5.5.5 In the Province of Quebec, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable 30 calendar days after the issuance of the certificate. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 5.6.1 In the common law jurisdictions, where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, on the first calendar day following the expiration of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. CCDC 2 — 2008 File 007213 16 Note: Tits contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. On6, sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 406 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... 5.6.2 In the Province of Quebec, where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, no later than 30 calendar days after such certification by the Consultant. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. 5.6.3 Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the Contractor shall ensure that such subcontract work or Products are protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when such certificates were issued. GC 5.7 FINAL PAYMENT 5.7.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. 5.7.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Contractor for final payment, review the Work to verify the validity of the application and advise the Contractor in writing that the application is valid or give reasons why it is not valid. 5.7.3 When the Consultant finds the Contractor's application for final payment valid, the Consultant will promptly issue a final certificate for payment. 5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Contractor as provided in Article A -5 of the Agreement - PAYMENT. GC 5.8 WITHHOLDING OF PAYMENT 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, there are items of work that cannot be performed, payment in full for that portion of the Work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portion of the Work is finished, only such an amount that the Consultant determines is sufficient and reasonable to cover the cost of performing such remaining work. GC 5.9 NON- CONFORMING WORK 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. PART 6 CHANGES IN THE WORK GC 6.1 OWNER'S RIGHT TO MAKE CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make: .1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change Directive, and .2 changes to the Contract Time for the Work, or any part thereof, by Change Order. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Consultant will provide the Contractor with a written description of the proposed change in the Work. The Contractor shall promptly present, in a form acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order. The value of the work performed as the result of a Change Order shall be included in the application for progress payment. CCDC 2 — 2008 File 007213 17 Note: This contract is protected bycopyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copy right. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonsWate that it is intended by the parties to he an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or mod cations are set forth in supplementary conditions. Page 407 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... GC 6.3 CHANGE DIRECTIVE 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.32 A Change Directive shall only be used to direct a change in the Work which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. 6.3.5 For the purpose of valuing Change Directives, changes in the Work that are not substitutions or otherwise related to each other shall not be grouped together in the same Change Directive. 6.3.6 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis of the cost of the Contractor's actual expenditures and savings attributable to the Change Directive, valued in accordance with paragraph 6.3.7 and as follows: 1 If the change results in a net increase in the Contractor's cost, the Contract Price shall be increased by the amount of the net increase in the Contractor's cost, plus the Contractor's percentage fee on such net increase. .2 If the change results in a net decrease in the Contractor's cost, the Contract Price shall be decreased by the amount of the net decrease in the Contractor's cost, without adjustment for the Contractor's percentage fee. .3 The Contractor's fee shall be as specified in the Contract Documents or as otherwise agreed by the parties. 6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following: 1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor under a salary or wage schedule agreed upon by the Owner and the Contractor, or in the absence of such a schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Contractor, for personnel (1) stationed at the Contractor's field office, in whatever capacity employed; (2) engaged in expediting the production or transportation of material or equipment, at shops or on the road; (3) engaged in the preparation or review of Shop Drawings, fabrication drawings, and coordination drawings; or (4) engaged in the processing of changes in the Work. .2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the Contractor and included in the cost of the Work as provided in paragraph 6.3.7.1; .3 travel and subsistence expenses of the Contractor's personnel described in paragraph 6.3.7.1; .4 all Products including cost of transportation thereof; .5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed in the performance of the Work; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation, and delivery cost thereof; .7 all equipment and services required for the Contractor's field office; .8 deposits lost; .9 the amounts of all subcontracts; .10 quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Work, .12 royalties, patent licence fees and damages for infringement of patents and cost of defending suits therefor subject always to the Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 - PATENT FEES; .13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; .14 any adjustment in taxes, other than Value Added Taxes, and duties for which the Contractor is liable; .15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred in relation to the performance of the Work; .16 removal and disposal of waste products and debris; and .17 safety measures and requirements. CCDC 2 — 2008 File 007213 is Note: This contract is protected by copyright. Use ofa CCDC2 06CAment not containing a CCDC 2 copyright seal constitutes an infringement ofcopyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 408 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... i 63.8 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs or liabilities attributable to the Change Directive other than those which are the result of or occasioned by any failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work. Any cost due to failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work shall be borne by the Contractor. 6.3.9 The Contractor shall keep full and detailed accounts and records necessary for the documentation of the cost of performing the Work attributable to the Change Directive and shall provide the Consultant with copies thereof when requested. 6.3.10 For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the Contractor's pertinent documents related to the cost of performing the Work attributable to the Change Directive. 6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.12 If the Owner and the Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in the Work, or the method of determining it, the adjustment shall be referred to the Consultant for determination. 6.3.13 When the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order. GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4. I If the Owner or the Contractor discover conditions at the Place of the Work which are: 1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or .2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed and in no event later than 5 Working Days after first observance of the conditions. 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractors cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 - CHANGE DIRECTIVE. 6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant will report the reasons for this finding to the Owner and the Contractor in writing. 6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils, or mould, the parties will be governed by the provisions of GC 9.2 - TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 - ARTIFACTS AND FOSSILS and GC 9.5 — MOULD. GC 6.5 DELAYS 6.5.1 If the Contractor is delayed in the performance of the Work by an action or omission of the Owner, Consultant or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. CCDC 2 — 2008 File 007213 19 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement, of copyright. Only sign this contract if the document caner page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to he an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 409 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... i 6.5.3 If the Contractor is delayed in the performance of the Work by: 1 labour disputes, strikes, lock -outs (including lock -outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), .2 fire, unusual delay by common carriers or unavoidable casualties, .3 abnormally adverse weather conditions, or .4 any cause beyond the Contractor's control other than one resulting from a default or breach of Contract by the Contractor, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner, Consultant or anyone employed or engaged by them directly or indirectly. 6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing shall be necessary. 6.5.5 if no schedule is made under paragraph 2.2.13 of GC 2.2 - ROLE OF THE CONSULTANT, then no request for extension shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made. GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE 6.6.1 If the Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against the Contractor for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of intent to claim to the other party and to the Consultant. 6.6.2 Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim shall: 1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or series of events, and .2 keep such records as may be necessary to support the claim. 6.6.3 The party making the claim shall submit within a reasonable time to the Consultant a detailed account of the amount claimed and the grounds upon which the claim is based. 6.6.4 Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted under paragraph 6.6.3 shall be considered to be an interim account and the party making the claim shall, at such intervals as the Consultant may reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 6.6.5 The Consultant's findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties within 30 Working Days after receipt of the claim by the Consultant, or within such other time period as may be agreed by the parties. 6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 7.1.1 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency, or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contractor's right to continue with the Work, by giving the Contractor or receiver or trustee in bankruptcy .Notice in Writing to that effect. 7.1.2 If the Contractor neglects to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, give the Contractor Notice in Writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such Notice in Writing. CCDC 2 — 2008 File 007213 20 :Vote: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Onty sign this contract if the document cover page bears a. CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unomended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementwy conditions. Page 410 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... 7.1.3 If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently agreed in writing by the parties, the Contractor shall be in compliance with the Owner's instructions if the Contractor: .1 commences the correction of the default within the specified time, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with the Contract terms and with such schedule. 7.1.4 If the Contractor fails to correct the default in the time specified or in such other time period as may be subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may: .1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certified such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7. 1.1 and 7.1.4, the Owner shall be entitled to: 1 take possession of the Work and Products at the Place of the Work; subject to the rights of third parties, utilize the Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, and .2 withhold further payment to the Contractor until a final certificate for payment is issued, and .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 - WARRANTY, exceeds the unpaid balance of the Contract Price•, however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. 7.1.6 The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by the Contractor up to the time of termination shall continue after such termination of the Contract. GC 7.2 CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT 7.2.1 If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.2.2 If the Work is suspended or otherwise delayed for a period of 20 Working Days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that effect. 7.2.3 The Contractor may give Notice in Writing to the Owner, with a copy to the Consultant, that the Owner is in default of the Owner's contractual obligations if 1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, or .2 the Consultant fails to issue a certificate as provided in GC 5.3 - PROGRESS PAYMENT, or .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Contractor that sufficient cause exists. 7.2.4 The Contractor's Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the Notice in Writing, the Contractor may, without prejudice to any other right or remedy the Contractor may have, suspend the Work or terminate the Contract. 7.2.5 If the Contractor terminates the Contract under the conditions set out above, the Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and Construction Equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. CCDC 2 — 2008 File 007213 Phi Note: This contract is protected by cop)wght. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringenrent of copl right Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 411 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... i PARTS DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT 8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2,3 to 8.2.8 of GC 8.2 - NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.3 - RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant will give such instructions as in the Consultant's opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION 8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall appoint a Project Mediator .1 within 20 Working Days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by Notice in Writing requests that the Project Mediator be appointed. 8.2.2 A parry shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 - ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a Notice in Writing of reply to the dispute within 10 Working Days after receipt of such Notice in Writing setting out particulars of this response and any relevant provisions of the Contract Documents. 8.2.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid and timely disclosure of relevant facts, information and documents to facilitate these negotiations. 8.2.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph 8.2.2, the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. 8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving Notice in Writing to the Owner, the Contractor and the Consultant. 8.2.6 By giving a Notice in Writing to the other party and the Consultant, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the Rules for Arbitration of Construction Disputes as provided in CCDC 40 in effect at the tune of bid closing. The arbitration shall be conducted in the jurisdiction of the Place of the Work. 8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a Notice in Writing is not given under paragraph 8.2.6 within the required tune, the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. CCDC 2 — 2008 File 007213 22 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended verston of CCDC 2 — 2008 except to the extent that any alterations, additions or mod cations are set forth in supplementary conditions. Page 412 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... 8.2.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in paragraph 8.2.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8.2.6 shall be 1 held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier; and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the Notice in Writing required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3 of GC 8.1 — AUTHORITY OF THE CONSULTANT. 8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have under paragraph 8.2.6 of GC 8.2 — NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage which may arise as the result of the Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of. . I errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, other contractors, their agents and employees. 9.1.2 Before commencing any work, the Contractor shall determine the location of all underground utilities and structures indicated in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Work. 9.1.3 Should the Contractor in the performance of the Contract damage the Work, the Owner's property or property adjacent to the Place of the Work, the Contractor shall be responsible for making good such damage at the Contractor's expense. 9.1.4 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided in GC 6.1— OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES 9.2.1 For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. 9.2.2 Prior to the Contractor commencing the Work, the Owner shall, .I take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances that are known to exist and their locations. 9.2.3 The Owner shall take all reasonable steps to ensure that no person's exposure to any toxic or hazardous substances exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances which were at the Place of the Work prior to the Contractor commencing the Work. 9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of the Work prior to the Contractor commencing the Work. CCDC 2 — 2008 File 007213 23 Note: This contract is protected by copyright Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes ma infringement of copr-ight. Only sign this contract if the document cover page bears a CCDC 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any aheraitons. additions or modifications are set forth in supplementary conditions. Page 413 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... 9.2.5 If the Contractor .1 encounters toxic or hazardous substances at the Place of the Work, or .2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work, which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible and which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person's exposure to any toxic or hazardous substances exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and i.4 immediately report the circumstances to the Consultant and the Owner in writing. 9.2.6 If the Owner and Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were brought onto the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.2.7 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were not brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall promptly at the Owner's own expense: .1 take all steps as required under paragraph 9.2.4; .2 reimburse the Contractor for the costs of all steps taken pursuant to paragraph 9.2.5; .3 extend the Contract time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in 9.2.6 and reimburse the Contractor for reasonable costs incurred as a result of the delay; and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.2.8 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Contractor shall promptly at the Contractor's own expense: 1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely remove and dispose the toxic or hazardous substances; .2 make good any damage to the Work, the Owner's property or property adjacent to the place of the Work as provided in paragraph 9.1.3 of GC 9.1 — PROTECTION OF WORK AND PROPERTY; .3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.2.9 if either party does not accept the expert's findings under paragraph 9.2.6, the disagreement shall be settled in accordance with Part 8 of the General Conditions - Dispute Resolution. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. GC 9.3 ARTIFACTS AND FOSSILS 9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the Place or Work shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner. 9.3.2 The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Consultant upon discovery of such items. 9.3.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found that would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 CHANGE DIRECTIVE. GC 9.4 CONSTRUCTION SAFETY 9.4.1 Subject to paragraph 3.2.2.2 of GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. CCDC 2 -2008 File 007213 24 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Onty sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions m, modreations are set forth in supplemen1my conditions. Page 414 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... t GC 9.5 MOULD 9.5.1 If the Contractor or Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, . I the observing party shall promptly report the circumstances to the other party in writing, and .2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and .3 if the Owner and Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and Contractor. 9.5.2 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was caused by the Contractor's operations under the Contract, the Contractor shall promptly, at the Contractor's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 make good any damage to the Work, the Owner's property or property adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.5.3 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was not caused by the Contractor's operations under the Contract, the Owner shall promptly, at the Owner's own expense: .I take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Work as provided in paragraph 9.1.4 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the delay, and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.5.4 If either party does not accept the expert's finding under paragraph 9.5.1.3, the disagreement shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. If such desagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the patty may have to be reimbursed as provided by GC 9.5 - MOULD. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Tares payable by the Owner to the Contractor as stipulated in Article A -4 of the Agreement - CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract Documents specify as the responsibility of the Contractor. 10.2.3 The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. CCDC 2 -2008 File 007213 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copjright seal constitutes an infringement of copy right. Only sign this contract if the document cover page beets a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and mnamended version of CCDC 2 - 2008 except to the extent that an), alterations, additions or modifications are set forth in supplementary conditions. Page 415 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... 10.2.5 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will make the changes required to the Contract Documents as provided in GC 6.1 - OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 10.2.6 If the Contractor fails to advise the Consultant in writing; and fails to obtain direction as required in paragraph 10.2.5; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7 Ii; subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of f authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the requirements of GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan or design of which was supplied to the Contractor as part of the Contract Documents. GC 10.4 WORKERS' COMPENSATION 10.4.1 Prior to commencing the Work, again with the Contractor's application for payment of the holdback amount following Substantial Performance of the Work and again with the Contractor's application for final payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.1 - INDEMNIFICATION, the Contractor shall provide, maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41 — CCDC Insurance Requirements in effect at the time of bid closing except as hereinafter provided: 1 General liability insurance in the name of the Contractor and include, or in the case of a single, blanket policy, be endorsed to name, the Owner and the Consultant as insureds but only with respect to liability, other than legal liability arising out of their sole negligence, arising out of the operations of the Contractor with regard to the Work. General liability insurance shall be maintained from the date of commencement of the Work until one year from the date of Substantial Performance of the Work. Liability coverage shall be provided for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial Performance of the Work. .2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. .3 Aircraft or Watercraft Liability Insurance when owned or non -owned aircraft or watercraft are used directly or indirectly in the performance of the Work .4 "Broad form" property insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The "Broad form" property insurance shall be provided from the date of commencement of the Work until the earliest of: (1) 10 calendar days after the date of Substantial Performance of the Work; CCDC 2 — 2008 File 007213 26 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Onh, sign this contract if the document cover page bears a CCDC 2 copyHght seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 1— 2008 except to the extent that any alterations, additions or modtcations are set forth in supplementary conditions. Page 416 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... (2) on the commencement of use or occupancy of any part or section of the Work unless such use or occupancy is for construction purposes, habitational, office, banking, convenience store under 465 square metres in area, or parking purposes, or for the installation, testing and commissioning of equipment forming part of the Work; (3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more than 30 consecutive calendar days. .5 Boiler and machinery insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Substantial Performance of the Work. .6 The "Broad form" property and boiler and machinery policies shall provide that, in the case of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. In the event of loss or damage: (1) the Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may recommend in consultation with the Contractor; (2) the Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds in accordance with the progress payment provisions. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work; and (3) to the Work arising from the work of the Owner, the Owner's own forces or another contractor, the Owner shall, in accordance with the Owner's obligations under the provisions relating to construction by Owner or other contractors, pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in accordance with the progress payment provisions. 7 Contractors' Equipment Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. 11.1.2 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Work. 11.1.3 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for which the above policies are required to pay, except where such amounts may be excluded by the terns of the Contract. 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the cost from the amount which is due or may become due to the Contractor. 11. 1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. 11.1.6 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies reduced insurance requirements, the parties shall address such reduction, prior to the Contractor's insurance policy becoming due for renewal, and record any agreement in a Change Order. 11.1.7 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies increased insurance requirements, the Owner may request the increased coverage from the Contractor by way of a Change Order, 11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41— INSURANCE REQUIREMENTS. GC 11.2 CONTRACT SECURITY 11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Owner any Contract security specified in the Contract Documents. CCDC 2 - 2008 File 007213 27 Note: 7his contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement ofcopyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 -1008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 417 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... I 11.2.2 If the Contract Documents require surety bonds to be provided, such bonds shall be issued by a duly licensed surety company authorized to transact the business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANT' f GC 12.1 INDEMNIFICATION 12.1.1 Without restricting the parties' obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner and the Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this Contract, provided such claims are: i .1 caused by: (1) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or (2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and .2 made by Notice in Writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.4.2.2 of GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The parties expressly waive the right to indemnity for claims other than those provided for in this Contract. 12.1.2 The obligation of either party to indemnify asset forth in paragraph 12. 1.1 shall be limited as follows: .1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by either party pursuant to GC 11.1 — INSURANCE, the general liability insurance limit for one occurrence as referred to in CCDC 41 in effect at the time of bid closing. .2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either party in accordance with GC I L I — INSURANCE, the greater of the Contract Price as recorded in Article A -4 — CONTRACT PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000. .3 hi respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall apply. 12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12. 1.1 and 12.1.2 shall be inclusive of interest and all legal costs. 12.1.4 The Owner and the Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. 12.1.5 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in paragraph 10.3.2 of GC 10.3 — PATENT FEES, and .2 arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Contractor: 1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based became known; .2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order, judgment or award made against the party entitled by this contract to be indemnified, then the indemnifying party upon assuming all liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order or judgment has been made until such rights of appeal have been exhausted. CCDC 2 — 2008 File 007213 28 Note: This contract is protected ly copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement ofcopyright. Onb, sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations. additions or modifications are set forth in supplementary conditions. Page 418 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... GC 12.2 WAIVER OF CLAIMS 12.2.1 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien j period provided by the lien legislation applicable at the Place of the Work, the Contractor waives and releases the Owner from all claims which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against the Owner arising from the Contractor's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: 1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Owner from the Contractor no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work; .2 indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be asserted by the Contractor against the Owner pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Contractor pursuant to the provisions of paragraphs 12.1.4 or 12.1.5 of GC 12.1 — INDEMNIFICATION; and .4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.2 The Contractor waives and releases the Owner from all claims referenced in paragraph 12.2.1.4 except for those referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received by the Owner from the Contractor within 395 calendar days following the date of Substantial Performance of the Work. 12.2.3 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Owner waives and releases the Contractor from all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Contractor arising from the Owner's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: 1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Contractor from the Owner no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, .2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may be asserted by the Owner against the Contractor pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Owner against the Contractor pursuant to the provisions of paragraph 12.1.4 of GC 12.1 - INDEMNIFICATION; .4 damages arising from the Contractor's actions which result in substantial defects or deficiencies in the Work. "Substantial defects or deficiencies" mean those defects or deficiencies in the Work which affect the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents; .5 claims arising pursuant to GC 12.3 - WARRANTY; and .6 claims arising from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.4 The Owner waives and releases the Contractor from all claims referred to in paragraph 12.2.3.4 except claims for which Notice in Writing of claim has been received by the Contractor from the Owner within a period of six years from the date of Substantial Performance of the Work should any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the applicable limitation statute does not permit such agreement, within such shorter period as may be prescribed by: .1 any limitation statute of the Province or Territory of the Place of the Work; or .2 if the Place of the Work is the Province of Quebec, then Article 2118 of the Civil Code of Quebec. 12.2.5 The Owner waives and releases the Contractor from all claims referenced in paragraph 12.2.3.6 except for those referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under GC 12.3 — WARRANTY and claims for which Notice in Writing has been received by the Contractor from the Owner within 395 calendar days following the date of Substantial Performance of the Work. 12.2.6 "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS to preserve a claim or right of action which would otherwise, by the provisions of GC 12.2 — WAIVER OF CLAIMS, be deemed to be waived, must include the following: .1 a clear and unequivocal statement of the intention to claim; .2 a statement as to the nature of the claim and the grounds upon which the claim is based; and .3 a statement of the estimated quantum of the claim. 12.2.7 The party giving "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS shall submit within a reasonable time a detailed account of the amount claimed. CCDC 2 — 2008 File 007213 29 Note: This contract is protected by copyright. Use of a CCDC 1 document not containing a CCDC 1 copyright seal constitutes at infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 419 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... 12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing effect, the detailed account submitted under paragraph 12.2.7 shall be considered to be an interim account and the party making the claim shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph 12.2.3.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. 12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph12.2.1.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. GC 12.3 WARRANTY 12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under the Contract is one year from the date of Substantial Performance of the Work. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 The Owner, through the Consultant, shall promptly give the Contractor Notice in Writing of observed defects and deficiencies which occur during the one year warranty period. 12.3.4 Subject to paragraph 12.3.2, the Contractor shall correct promptly, at the Contractor's expense, defects or deficiencies in the Work which appear prior to and during the one year warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.4. 12.3.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, shall be as specified in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Contractor's responsibility with respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor. The obligations under such extended warranties are solely the responsibilities of the warrantor. CCDC 2 —2008 File 007213 30 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seat constitutes an infringemeni of copyright. Only sign this contract if the docmnew cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that amp+ aherations, additions or modtftcations are set forth in supplementary conditions. Page 420 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... CDC 75 Albert Street — .�.__._�.._. -- - ,---- __.---- .____ -- -- -- Suite 400 Ottawa, Ont. Kl P 5E7 ) 3 • Y ? " F CANADIAN CONSTRUCTION DOCUMENTS COMMITTEE Tel: (613) 236 -9455 Fax: (613) 236 -9526 CCDC 41 infoaccdc.org CCDC INSURANCE REQUIREMENTS PUBLICATION DATE: JANUARY 21, 2008 1. General liability insurance shall be with limits of not less than $5,000,000 per occurrence, an aggregate limit of not less than $5,000,000 within any policy year with respect to completed operations, and a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Form 2100 (including an extension for a standard provincial and territorial form of non -owned automobile liability policy) and IBC Form 2320. To achieve the desired limit, umbrella or excess liability insurance may be used. Subject to satisfactory proof of financial capability by the Contractor, the Owner may agree to increase the deductible amounts. Construction 2. Automobile liability insurance in respect of vehicles that are required by law to be insured under a Specifications contract by a Motor Vehicle Liability Policy, shall have limits of not less than $5,000,000 inclusive Canada per occurrence for bodily injury, death and damage to property, covering all vehicles owned or leased by the Contractor. Where the policy has been issued pursuant to a government- operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. The Royal 3. Aircraft and watercraft liability insurance with respect to owned or non -owned aircraft and Architectural watercraft (if used directly or indirectly in the performance of the Work), including use of additional Institute of Canada premises, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and limits of not less than $5,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. 4. "Broad form" property insurance shall have limits of not less than the sum of 1.1 times Contract Price and the full value, as stated in the Contract, of Products and design services that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Forms 4042 and 4047 (excluding flood and earthquake) or their equivalent replacement. Subject to satisfactory Association proof of financial capability by the Contractor, the Owner may agree to increase the deductible of Canadian amounts. Engineering Companies 5. Boiler and machinery insurance shall have limits of not less than the replacement value of the permanent or temporary boilers and pressure vessels, and other insurable objects forming part of the Work. The insurance coverage shall not be less than the insurance provided by a comprehensive boiler and machinery policy. Canadian 6. "Broad form" contractors' equipment insurance coverage covering Construction Equipment used by Construction Association the Contractor for the performance of the Work, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer ,against the Owner. Subject to satisfactory proof of financial capability by the Contractor for self-insurance, the Owner may agree to waive the equipment insurance requirement. Construction 7. Standard Exclusions Specifications Canada 7.1 In addition to the broad form property exclusions identified in IBC forms 4042(1995), and 4047(2000), the Contractor is not required to provide the following insurance coverage: • Asbestos • Cyber Risk The Royal • Mould Architectural • Terrorism Institute of Canada Page 421 of 423 15k) - A By -Law to Authorize the Execution of an Agreement B... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE TENDER RC2011 -02 IAN BEARD CENTRE RENOVATION 01, R PAGE: 1 DATE: Township of Oro- Medonte TENDER COST BREAKDOWN FORM: QS 1 PROJECT: Ian Beard Centre Renovation CODE DESCRIPTION TOTAL - A01 GENERAL CONDITIONS T-? 65 A02 DEMOLITION &DISPOSAL A03 CONCRETE WORK (Cutting & Patching) A04 MILLWORK A05 DOOR &WINDOWS A06 DOOR HARDWARE A07 VCT FLOORING A08 GYPSUM WALL BOARD A09 PAINTING A10 T -BAR CEILING REPAIRS All SPECIALTIES �r>'%1, Al2 PLUMBING ROUGH -IN '�•�,,� A13 PLUMBING FINISH A14 ELECTRICAL ROUGH -IN A15 ELECTRICAL FINISH A16 EXIT SIGNAGE &PULL STATION A17 AUDIBLE FIRE ALARM A18 FIRE EXTINGUISHERS HST T O T A L STIPULATED PRICE (TOTAL SHALL EQUAL TENDER PRICE) Page 26 of 94 Page 422 of 423 Page 422 of 423 18a) - Being a By -Law to Confirm the Proceedings of the Coun... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -113 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, July 13, 2011 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Special Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Council at its Council Meeting held on Wednesday, July 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. 3. That the Mayor and Clerk are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF JULY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 423 of 423