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06 25 2015 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Council Chambers Thursday, June 25, 2015 5:30 p.m. - Closed Session 7:00 p.m. - Open Session Page 1.Call to Order - Private Prayer/Moment of Reflection: 2.Adoption of Agenda: a) Motion to Adopt the Agenda. 3.Disclosure of Pecuniary Interest: 4.Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Andria Leigh, Director, Development Services, re: Litigation affecting the municipality (County of Simcoe OP Appeal). d) Robin Dunn, CAO re: Solicitor-client privilege (Burl's Creek). 5.Minutes of Council and Committees: 6 - 24a) Minutes of Council meeting held on Wednesday, June 10, 2015. 6.Recognition of Achievements: 25 a) Joyce Sinton re: 2015 Oro-Medonte Citizen of the Year Award Recipient. 26 b) Betty and Tom Partridge re: 2015 Ontario Seniors of the Year Award Recipient. 27 c) Correspondence dated May 1, 2015 from Art Pullan, Executive Director, Fire Marshal's Public Fire Safety Council re: Cheque Presentation to Oro- Medonte Fire & Emergency Services' Department. 28 d) Correspondence dated June 2, 2015 from Pamela Musgrave, Director of Revenue, Muscular Dystrophy Canada re: Oro-Medonte Firefighters Association Letter of Appreciation. 7.Public Meetings: 29 - 32 a) 7:30 p.m. Public Meeting re: Proposed Building Permit Fee Schedule Page 1 of 403 Council Meeting Agenda - June 25, 2015 Revisions. 8.Deputations: None. 9.Identification From the Public of an Agenda Item of Interest: 10.Reports of Municipal Officers: 33 - 38 a) Report No. DS2015-053, Andria Leigh, Director, Development Services re: Zoning By-law Amendment 2015-ZBA-05 (Lafarge Canada Inc. (Roehner Pit)) 1944 Line 7 North, Concession 7, Part of Lot 9 (Oro), Township of Oro- Medonte \[Refer to Item 15b)\]. 39 - 45 b) Report No. DS2015-054, Andria Leigh, Director, Development Services re: Clearance of Draft Plan Conditions and Execution of Subdivision Agreement with Braestone Development Corporation Phase 1A, Part of Lots 2 and 3, Concession 9 (Oro), RP 51R-21804, File: 43-T-91031 \[to be distributed\] \[Refer to Item 15c)\]. 46 - 63 c) Report No. DS2015-055, Andria Leigh, Director, Development Services re: Source Water Protection Implementation & Enforcement, and Agreement for Provision of Risk Management Services \[Refer to Items 15d) and e)\]. 64 - 66 d) Shawn Binns, Director, Recreation and Community Services re: By-Law No. 2015-024: A By-law to Authorize the Execution of a Funding Agreement between the County of Simcoe and Township of Oro-Medonte. 67 - 163 e) Report No. RC2015-06, Shawn Binns, Director, Recreation and Community Services re: Proposed amendments to regulations pertaining to special events taking place in the Township of Oro-Medonte \[Refer to Item 15n)\]. 11.Reports of Members of Council: 164 - 165 a) Mayor H.S. Hughes, correspondence dated June 10, 2015 from Mike Townes, Club and Project Manager, Elmvale Curling Club re: Request for Letter of Support, Ontario Trillium Foundation Application. 166 b) Councillor Jermey re: Building Division Open House for the Winter of 2016. 12.Consent Agenda: 167 - 169 a) Announcements of Interest to the Public: 1. 2015 Pan Am/Parapan Am Games Notice (Training July 8-11, 2015; Competition, July 12, 2015, Hardwood Mountain Bike Park, 402 Old Barrie Road West). 2. Thursday, June 25 Township Administration Centre Closure Notice. 3. Wednesday, July 1 Canada Day Township Administration Centre Closure Notice. 170 - 177 b) Minutes of Sustainability Plan Steering Committee (SPSC) meeting held on Page 2 of 403 Council Meeting Agenda - June 25, 2015 May 7, 2015. Staff Recommendation: Receive. 178 - 186 c) Minutes of Barrie Public Library Board meetings held on March 26 and April 23, 2015. Staff Recommendation: Receive. 187 d) Correspondence received June 12, 2015 from Lakehead University re: Letter of Appreciation. Staff Recommendation: Receive. 188 - 191 e) Correspondence dated June 17, 2015 from The Honourable Jeff Leal, Minister of Agriculture, Food and Rural Affairs re: Broadband, Rural Economic Development Program, Rural Infrastructure, Natural Gas, Solar- Wind Energy, Highway 11 and the Coordinated Land Use Planning Review. Staff Recommendation: Receive. 13.Communications: 192 - 218 a) Correspondence dated June 4, 2015 from John Dance, Superintendent of Facility Services, Simcoe County District School Board re: Pupil Accommodation Review and Community Planning & Partnerships Policy Consultation. 219 b) Correspondence received June 10, 2015 from Simcoe County Federation of Agriculture re: 75th Anniversary Celebration, Thursday, July 9, 2015, 4:00 p.m., 192 Line 4 North, Oro-Medonte. 220 - 221 c) Correspondence dated June 13, 2015 from Dianne Beaton re: Request to Waive By-law No. 2014-031, A By-law to provide for the maintaining of land - 14.Notice of Motions: None. 15.By-Laws: 222 a) By-Law No. 2015-109: A By-law to amend By-law No. 2012-167, Being a By-law to provide for the regulation and prohibition of noises likely to disturb the public and/or the prevention of public nuisance (Noise By-law). 223 - 224 b) By-Law No. 2015-110: A By-law to remove the Holding provision on lands described as follows: 1944 Line 7 North, Part of Lot 9, Concession 7, Township of Oro-Medonte (Oro), County of Simcoe, Roll # 4346-010-003- 29300. 225 - 309 c) By-Law No. 2015-111: A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Braestone Development Corporation \[to be distributed\]. 310 - 316 d) By-Law No. 2015-112: By-law to enter into Agreement with Severn Sound Page 3 of 403 Council Meeting Agenda - June 25, 2015 Environmental Association for the Enforcement of the Source Protection Plan Part IV. 317 e) By-Law No. 2015-113: By-law to Appoint a Risk Management Official and Risk Management Inspector and Repeal By-law 2013-103. 318 - 343 f) By-Law No. 2015-115: A By-law of The Corporation of the Township of Oro- Medonte To provide for the imposition of fees or charges (Fees and Charges By-law) And to Repeal By-Law Nos. 2014-012, 2014-078, 2014-094, 2014- 201, 2015-038, 2015-075 and 2015-102. 344 - 353 g) By-Law No. 2015-116: A By-law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro-Medonte and The Toronto Organizing Committee for the 2015 Pan American and Parapan American Games (TO2015). 354 - 374 h) By-Law No. 2015-117: 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 Ontario, as represented by the Minister Responsible for the 2015 Pan and Parapan American Games and Toronto Organizing Committee for the 2015 Pan American and Parapan American Games (TO2015). 375 - 376 i) By-Law No. 2015-118: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Barrie Public Library Board For a Term of One Year And to Repeal By-law No. 2014-150. 377 - 378 j) By-Law No. 2015-119: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Midland Public Library Board For a Term of One Year And to Repeal By-law No. 2014-151. 379 - 380 k) By-Law No. 2015-120: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Coldwater Public Library Board For a Term of One Year And to Repeal By-law No. 2014-152. 381 l) By-Law No. 2015-121: A By-law to Amend By-law No. 2012-168, 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-Me- 382 m) By-Law No. 2015-122: A By-law to Amend By-law No. 2015-063, Being a By- By- 383 - 393 n) By-Law No. 2015-123: Being a By-law to establish a framework with respect to notification and issuance of permits for special events in the Township of Oro-Medonte (Special Events By-law) and to repeal By-law No. 2015-005. 394 o) By-Law No. 2015-124: A By-law to Amend By-law No. 2015-092, A By-law to Provide for Remuneration and Expenses for Members of Council and Groups, and Expenses for Employees. Page 4 of 403 Council Meeting Agenda - June 25, 2015 395 - 402 p) By-Law No. 2015-125: A By-law to Authorize the Execution of An Agreement Between The Corporation of the Township of Oro-Medonte and Jerry Popiuk and Diane Jean Popiuk and Repeal By-law No. 2014-169. 16.Questions from the Public Clarifying an Agenda Item: 17.Closed Session Items (Unfinished Items): 18.Confirmation By-Law: 403 a) By-Law No. 2015-114: Being a By-Law to Confirm the Proceedings of the Council Meeting held on Thursday, June 25, 2015. 19.Adjournment: a) Motion to Adjourn. Page 5 of 403 5.a) Minutes of Council meeting held on Wednesday, June 10, ... Page 6 of 403 5.a) Minutes of Council meeting held on Wednesday, June 10, ... Page 7 of 403 5.a) Minutes of Council meeting held on Wednesday, June 10, ... Page 8 of 403 5.a) Minutes of Council meeting held on Wednesday, June 10, ... Page 9 of 403 5.a) Minutes of Council meeting held on Wednesday, June 10, ... 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Page 22 of 403 5.a) Minutes of Council meeting held on Wednesday, June 10, ... Page 23 of 403 5.a) Minutes of Council meeting held on Wednesday, June 10, ... Page 24 of 403 6.a) Joyce Sinton re: 2015 Oro-Medonte Citizen of the Year A... Page 25 of 403 6.b) Betty and Tom Partridge re: 2015 Ontario Seniors of the... Page 26 of 403 6.c) Correspondence dated May 1, 2015 from Art Pullan, Execu... Page 27 of 403 6.d) Correspondence dated June 2, 2015 from Pamela Musgrave,... Page 28 of 403 7.a) 7:30 p.m. Public Meeting re: Proposed Building Permit F... Page 29 of 403 7.a) 7:30 p.m. Public Meeting re: Proposed Building Permit F... (Maximum $800.00) Pole barn, Coverall style building, etc. Page 30 of 403 7.a) 7:30 p.m. Public Meeting re: Proposed Building Permit F... Page 31 of 403 7.a) 7:30 p.m. Public Meeting re: Proposed Building Permit F... No charge for current homeowners making simple requests *defined by CBO Note: Applicable on permits not granted a final after three (3) years subsequent to permit issuance. Page 32 of 403 10.a) Report No. DS2015-053, Andria Leigh, Director, Develop... Page 33 of 403 10.a) Report No. DS2015-053, Andria Leigh, Director, Develop... Page 34 of 403 10.a) Report No. DS2015-053, Andria Leigh, Director, Develop... Page 35 of 403 10.a) Report No. DS2015-053, Andria Leigh, Director, Develop... Page 36 of 403 10.a) Report No. DS2015-053, Andria Leigh, Director, Develop... Page 37 of 403 10.a) Report No. DS2015-053, Andria Leigh, Director, Develop... Page 38 of 403 10.b) Report No. DS2015-054, Andria Leigh, Director, Develop... Page 39 of 403 10.b) Report No. DS2015-054, Andria Leigh, Director, Develop... Page 40 of 403 10.b) Report No. DS2015-054, Andria Leigh, Director, Develop... Page 41 of 403 10.b) Report No. DS2015-054, Andria Leigh, Director, Develop... 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Page 161 of 403 10.e) Report No. RC2015-06, Shawn Binns, Director, Recreatio... Page 162 of 403 10.e) Report No. RC2015-06, Shawn Binns, Director, Recreatio... Page 163 of 403 11.a) Mayor H.S. Hughes, correspondence dated June 10, 2015 ... Page 164 of 403 11.a) Mayor H.S. Hughes, correspondence dated June 10, 2015 ... Page 165 of 403 11.b) Councillor Jermey re: Building Division Open House for... Page 166 of 403 12.a) Announcements of Interest to the Public: 2015 Pan Am/P... thth Event Dates: Training - July 8 to July 11, 2015 th Competition - Sunday, July 12, 2015 Competition Gates open 8:00 a.m. Times: Wom 10:00 a.m. M 2:00 p.m. Location: Hardwood Mountain Bike Park (402 W. Old Barrie Rd.) Spectators are required to park at the Oro Fairgrounds (15/16 Side road E. and Line 7), where a shuttle to the event venue will be provided. As this is a standing room only venue, folding chairs and golf umbrellas are permitted. Reminder, as this is an outdoor venue there may be uneven terrain, please wear appropriate footwear. If required, a manual all- from the information booth on a first-come, first serve basis. Road Closures: Please note that there will be some road closures around Games time so please plan your route accordingly. Residents directly affected by the road closures will receive additional information and access passes to gain entry to their properties. thth Wednesday, July 8, 2015, to Sunday, July 12, from 6am to 6pm on the following roads: Line 6 N (Old Barrie Road West/County Rd. 11) to Bass Lake Side Road West - th July 12, 2015, from 6am to 6pm on the following roads: -Old Barrie Road West/County Rd.11 (Line 5 N to Line 6 N) -Bass Lake Side Road E. (Line 5 N to Line 7 N) Line 5 N (Old Barrie Road West/County Rd. 11) to Bass Lake Side Road - West Page 167 of 403 12.a) Announcements of Interest to the Public: 2015 Pan Am/P... Notice of Office Closure and Service Interruption Page 168 of 403 12.a) Announcements of Interest to the Public: 2015 Pan Am/P... Canada Day Office Closure Page 169 of 403 12.b) Minutes of Sustainability Plan Steering Committee (SPS... {ǒƭƷğźƓğĬźƌźƷǤ tƌğƓ {ƷĻĻƩźƓŭ /ƚƒƒźƷƷĻĻ Λ{t{/Μ aĻĻƷźƓŭ Date Thursday, May 7, 2015 Time 11am-1pm Location North Simcoe Community Futures Development Corporation), 105 Fourth Street, Midland Attendance Andria Leigh, Director, Development Services, Township of Oro-Medonte Chris Murray, Assistant Professor, Sustainability Sciences, Lakehead University, Orillia Campus Debra Muenz, General Manager, NSCFDC Doug Luker, CAO/Clerk, Township of Tiny Jamie Galloway, Town Engineer, Town of Midland Jennifer Schnier, Communications and Economic Development Officer, Township of Georgian Bay Keith Sherman, Executive Director, Severn Sound Environmental Association Mara Burton, Director of Planning and Development, Township of Tay Marina Whelan, Program Manager, Health Protection Service, Simcoe Muskoka District Health Unit Ron Stevens, Councillor, Ward 4, Township of Severn Steffen Walma, Deputy Mayor, Township of Tiny Regrets Andrea Betty, Director of Planning and Community Development, Town of Penentanguishene Bob Bowles, Community Liaison, Kids for Turtles, Lakehead University Nick Popovich, Director of Development Services, Township of Georgian Bay 1.0 Welcome and Approval of Agenda Discussion: Roundtable introductions followed by approval of the agenda. Moved by D. Muenz and seconded by M. Burton. Agenda approved. 2.0 Review and Approval of Minutes from Last Meeting (April 2, 2015) 10 min Discussion: SSS distributed the DRAFT minutes on Tuesday, April 7 for SPSC review. Small changes (grammar, editing only) as reported by SSS. Chair requested a motion to approve the minutes from the April 2, 2015 SPSC meeting. Moved by M. Whelan and seconded R. Stevens. Minutes from the April 2 meeting approved. Action Items: (1) SSS to distribute approved minutes to the SPSC members, municipal clerks for information to councils, and post the approved minutes on the SSS website. 1 Page 170 of 403 12.b) Minutes of Sustainability Plan Steering Committee (SPS... 3.0 Update on Action Items Resulting from April 2 Meeting Discussion: SSS described the purpose of the Action Item document, and noted that the only outstanding action items were the development of draft criteria to facilitate a review of the Sustainability Plan, the Sustainable Meeting and Event Policy development (deferred from April 2) and (2) on-going actions including (1) investigate external funding and staff assistance from FCM/GMF to help with the proposed Sustainability Plan review, and (2) organization of the June 18 event (Profiling Best Practices: Sustainability Discussion Series). SSS indicated that each item would be discussed as part of 2015 SSS Work Plan Items (Item 4.0). 4.0 2015 SSS Work Plan Items 4.1 Sustainably Speaking: Speaker Series to Advance Community Sustainability Grant/Funder: TD Friends of the Environment Foundation (TD FEF) Amount: $2000.00 Focus: Environmental/Sustainable Education and Community Engagement Background: series consisting of 3 keynote events to share sustainable leadership stories and practices that will encourage and inspire sustainable actions and behaviours within the community. An understanding of sustainability is vital to ensuring the watershed's ecological integrity, supporting healthy and happy people, and building a prosperous economy. A healthy environment is only achievable and maintainable through the efforts of the community and their collective actions in making more sustainable choices. The 'Sustainably Speaking' project will provide the community with the opportunity to be exposed to new ideas and promote understanding and awareness of sustainability through the delivery of (3) speaker events. Each event will have a specific theme, as listed: (1) Nature and Biodiversity, (2) Energy Use and Conservation, and (3) Green Infrastructure and Urban Landscaping. Discussion: SSS would like to proceed with an event in Fall 2015. As SSS is proceeding with a municipally-focused energy event in June, SSS presented this is an opportunity to parallel an event for the community, anergy- SSS has been in contact with the Program Manager for the New Green Skills Program (as led by the Community Futures organizations), with a meeting being organized for mid-May. SSS requested approval from the SPSC to begin investigating the potential for partnering with the Project Manager (Suzanne Ainley) to organize an event in September/October 2015. The SPSC approved the request. SSS also provided an update noted the additional deadlines for the TD FEF fund (as we were invited by the TD FEF Simcoe 2 Page 171 of 403 12.b) Minutes of Sustainability Plan Steering Committee (SPS... and Muskoka Chapter to reapply based on our project application), for the next 2 funding intakes in 2015 (July and October). SSS requested the update of the support letters as provided by the SPSC with the initial application. The County of Simcoe representative also offered a letter of support for the project. Action Item(s): (1) SSS to organize a meeting with S. Ainley (mid-May) to discuss an event for rd Fall 2015 utilizing the $2,000 TD FEF funds. Update to be provided to the SPSC at the June 3 meeting. (2) SSS will request information (blank cheque) from Tiny to facilitate the transfer of the funds from TD to Tiny, and then to SSS. Tiny approved contacting Doug Taylor to facilitate this process. (3) SSS will resubmit the TD FEF grant application for the July 15 and October 15 deadlines, respectively. Those that provided letters of support (NSCFDC, B. Bowles, Township of Tiny, SMDHU, and the Town of Midland); SSS has requested assistance again with the same letter, adjusted to reflect a June or July date. SSS will review and send the updated letters for review by May 18, 2015. 4.2 Community Sustainability Survey, Georgian College Research Analyst Program The student research team presented their final project design to John B. (SMDHU) and SSS on Wednesday, April 22. Adjustments were recommended by John and SSS, and those changes have been made. The survey has been finalized and can accessed at http://fluidsurveys.com/s/severnsoundsurvey/ Discussion: SSS provided an update of the project, referring to the project timeline as below and confirming that the project is on track. The students will be completing a combination of survey -up), e-mail links, focus groups and intercept surveys at community events (3-4). SSS requested that each SPSC member: i. Release the media release on their website and community pages as applicable; ii. Please send the link to your colleagues and contacts to request their completion and distribution; iii. Place the link on your websites and social media sites, using a provided template; and iv. A visual option (postcard/web insert) will be provided for placement on partner websites and for distribution to contacts or for use as a printable poster. It was media with a project description and instructions/requests of what and how to display the materials. This will be sent to the appropriate communications contact at each partner organization, and will help ensure the materials are effectively and appropriately used. It was also advised that SSS add the survey link to the focus group posters. SSS has started the process (with the website designer) to produce (2) promotional banners to introduce SSS when hosting and/or attending events. T-shirts (2) are being ordered to outfit the team for their attendance at the events and their work with the 3 Page 172 of 403 12.b) Minutes of Sustainability Plan Steering Committee (SPS... Focus Groups. SSS requested if any SPSC member is able to provide the use of a sun-tent for May 23, June 20, June 27, and July 1. Township of Tiny offered the use of their equipment, and advised SSS to contact Bonita Desroches, Community Recreation Coordinator, Township of Tiny (bdesroches@tiny.ca 705.526.4204, x.230). Tiny also suggested SSS attendance at the Townships Open House scheduled for Wednesday, May 27 from 7pm-9pm at the Tiny Community Centre. Tiny also suggested that each municipality could share the survey link with their mailing lists/community groups/cottage association lists. Recommendation was put forward to encourage this within the summary document to be provided to each partner. May8_MediaReleas e_RAP_FINAL.docx *The survey link will have to be hyperlinked in the SurveyLink_WebInsert.pdf document by your communications staff person. http://fluidsurveys.com/s/severnsoundsurvey/ Project Timeline Details Status March/April Final Project Proposal Complete April 22 Final Presentation to Client Complete May-July Survey - Research Conduction On-going May 23 Community Event, Coldwater Confirmed May 27 Open House, Tiny Pending June 6 Focus Group #1, Midland Confirmed June 13 Focus Group #2, Orillia Confirmed June 20 Community Event, Orillia Pending June 27 Community Event, Tay Pending July 1 Community Event, Midland Confirmed July/August Research Analysis Not Started August/September Final Report Not Started Action Item(s): (1) SSS to update and complete the media package as recommended and distribute to the SPSC and the communication contacts by Monday, May 8. (2) SSS to continue work on the promotional banners, t-shirts and finalizing the details for the project (on-going activities). (3) SSS Contact B. Desroches to confirm use of the sun-tent (by Monday, May 15). 4.3 Proposed Review of the Sustainability Plan Discussion: SSS sent a review of best practices/literature to the SPSC in regards to Community Sustainability Plan review and/or updates April 23, 2015. Based upon the scope of the review and the inclusion of a proposed project plan, the creation of the criteria for reviewing the Plan based upon the findings from the review was deferred. The SPSC discussed the potential for reviewing the Plan, and how that may be completed. SSS referred to the (2) documents (Review of Best Practices and Proposed Review Process) as provided to the SPSC on April 23 for their 4 Page 173 of 403 12.b) Minutes of Sustainability Plan Steering Committee (SPS... review. SSS described the process as a 4 phase approach, ensuring engagement with the SPSC, councils, municipal staff and the community. The data acquired through the RAP Project (Item 4.2) will also be used to guide the review. The Chair asked for a vote, with the motion to proceed with a review of the Severn Sound Sustainability Plan moved by S. Walma, seconded by A. Leigh. Quorum was achieved through a majority vote. Options were discussed on how to best proceed, (i.e., facilitated, non-facilitated, what type of criteria, scope, bias considerations, methods). This concluded with the SPSC supporting the development a survey to guide the sorts (i.e., relevant, non-relevant, completed, not applicable, priority, non-priority). SSS is to develop a method to facilitate a review by the group. Once the survey is developed, each SPSC member will complete the exercise independently, SSS will then analyze/tabulate the responses, and prepare for a working meeting on Friday, June 12, 9am- 1pm at the SSS office. SSS would like to submit a grant application to the We Are Cities Program (Community Innovation Grant) offered by Evergreen City Works in the amount of $5000.00 to support a community workshop of which the purpose would be to engage citizens and stakeholders in the review of the Plan. The deadline for the grant is Monday, May 25. The grant was announced 2 weeks ago. SSS is requesting: (1) Submission of the grant by NSCFDC on behalf of SSS; (1) Letter of support from the Chair of the SPSC (D. Luker); (1) Letter of support from a partner municipality (Simcoe); and (1) Letter of support from SSEA. Actions Item(s): (1) SSS to complete the survey tool to guide the SPSC members through an independent review of the Plan and send to the committee by Monday, May 25. (2) SPSC members are to complete the survey by Thursday, June 4. (3) SSS will draft the application and the letters of support (3) and provide to NSCFDC (D. Muenz), SPSC Chair (D. Luker), County of Simcoe (S. Walma), and SSEA (K. Sherman) on or before Monday, May 18 with a request to return the letters to SSS by Friday, May 22 (on-line application deadline of Monday, May 25). 4.4 Sustainability Discussion Sessions (municipally-focused) Discussion: Venue (NSSRC, Midland) has been booked and each municipal SPSC member and Clerk for distribution to Council and staff on April 15. SSS requested that each SPSC member please circulate this internally. An agenda will be provided by Tuesday, May 19. SSS has connected with Midland PUC and Blaine Osmond (Conservation Program Manager) has agreed to speak, as well as the Roving Energy Manager (Khaled Hamel) from Cornerstone Hydro Electric, Inc. Barry Thompson from the City of Barrie has also been confirmed as a speaker. Final confirmation is required from the City of Mississauga (to be completed by Friday, May 15). 5 Page 174 of 403 12.b) Minutes of Sustainability Plan Steering Committee (SPS... SSS requested feedback on the questions which were included as per a recommendation from the initial planning group. They are enclosed as Discussion Questions June 18 DRAFT.doc. SSS asked specifically: 1. How should the information be presented? Request suggestions? A summary sheet? 2. Are the questions necessary? 3. Should the questions be included as part of the event evaluation, and then summarized and distributed? Based upon the discussion and responses from the SPSC, the questions will be included as part of the event evaluation. This evaluation will be sent to each attendee after the event to request feedback. SSS will review the evaluations and provide the information to the SPSC. Action Item(s): (1) SSS to confirm remaining speakers by Friday, May 15 and develop final agenda to distribute to SPSC, councils and staff by Tuesday, May 19. (2) SSS to complete evaluation form by June 3 meeting for review by committee. (3) Final task list and outstanding items will be presented for SPSC review at the June 3 meeting in preparation for the June 18 event. 4.5 Sustainable Meeting and Event Policy Development Discussion is requested. Discussion: SSS requested the Item be again deferred until after the June meetings to allow for a focus on Items 4.1, 4.2, 4.3 and 4.4. This recommendation was supported by the committee. 5.0 Budget Update Budget was provided to the SPSC members in hard-copy. D. Muenz provided an overview of the SSS Balance Sheet as of April 30, 2015, and noted that the County of Simcoe and the Township of Severn are 6 Page 175 of 403 12.b) Minutes of Sustainability Plan Steering Committee (SPS... the only outstanding contributions. Clarification was requested on the funding resolutions (1 year or 4 year confirmation). SPSC was in agreement that each contribution was for 1 year, with SSS to return in 2016 to request on-going funding. The budget was presented, noting an increase to Media and Advertising and Workshops/Annual Summit (to be covered by deferred revenue). D. Muenz also recommended the formation of a Human Resources Action Committee to review the performance of the Sustainability Coordinator and subsequent update/renewal of the employment contract. This recommendation will be followed up on by D. Muenz with an update to be provided at the next meeting. Action Item: (1) D. Muenz to connect with the SPSC Chair (D. Luker) to determine next steps for Staff Review /Contract Renewal of the Sustainability Coordinator. 6.0 2015 Meeting Schedule 6.1 Sustainability Plan Steering Committee, Bi-monthly, first Thursday of the month, 11am-1pm - Wednesday, June 3 (Please note change)*, June 12 (9am-1pm) September 3, November 5 Discussion: It was requested that SSS send out a new meeting schedule for 2015. Action Item: (1) SSS to distribute updated schedule to each SPSC member. 6.2 Speaker Event Committee (dependent on external funding), Bi-monthly, second Friday of the month - May 26, June 12, July 10, September 11, November 13 Discussion: SSS noted that this was discussed as part of the TD FEF grant, and that a meeting is being arranged with the Project Manager from the Green Skills Project to work together on a Fall event. Action Item: (1) SSS to report results of the May meeting with the SPSC on June 3. 6.3 Sustainable Meeting and Event Policy Working Group, Third Tuesday of the month (variable months) - June 16, September 15, October 20 (DEFERRED) Deferred. No discussion or action at this time. 7.0 Other Items for Discussion/Sharing J. Schnier, Georgian Bay Township 7 Page 176 of 403 12.b) Minutes of Sustainability Plan Steering Committee (SPS... GB Township is updating their strategic plan and have invited SSEA and SSS to participate for the three (3) events (June 18, July 16, and August 13). M. Whelan, Simcoe Muskoka District Health Unit SMDHU is participating in the Commuter Challenge. Marina will provide more information to SSS and SPSC members as available. http://commuterchallenge.ca/commuter-challenge-and- how-it-works/ K. Sherman, Severn Sound Environmental Association Manager, Gail Marchildon at gmarchildon@midland.ca or 705.527.5166. SSEA has scheduled their Open House for Thursday, June 18 from 3pm-6pm at the Midland Library Community Room. Please contact Keith at ksherman@midland.ca or Gail at gmarchildon@midland.ca 8.0 Adjournment 1:07pm Upcoming Meetings (1) Wednesday, June 3, 11am-1pm Regular SPSC Meeting (2) Friday, June 12, 9am-1pm Working Meeting - Plan Review Process 8 Page 177 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 178 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 179 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 180 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 181 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 182 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 183 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 184 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 185 of 403 12.c) Minutes of Barrie Public Library Board meetings held o... Page 186 of 403 12.d) Correspondence received June 12, 2015 from Lakehead Un... CƩƚƒʹ\[ğƉĻŷĻğķ ƓźǝĻƩƭźƷǤ9ǝĻƓƷƭΝƒğźƌƷƚʹƌğƉĻŷĻğķĻǝĻƓƷƭθƌğƉĻŷĻğķǒ͵ĭğΞ {ĻƓƷʹCƩźķğǤͲWǒƓĻЊЋͲЋЉЊЎЊЋʹЉЉta {ǒĬƆĻĭƷʹŷğƓƉǤƚǒŅƚƩğƷƷĻƓķźƓŭƷŷĻ/ŷğƓĭĻƌƌƚƩγƭ5źƓƓĻƩźƓhƩźƌƌźğ The year 2015 marks Lakehead University's 50th Anniversary...Come Celebrate With Us! Our Homecoming schedules are now online. Visit 50.lakeheadu.ca to view the Thunder Bay and Orillia schedules. Register online for all of the exciting activities. We hope you will be able to join us! Page 187 of 403 12.e) Correspondence dated June 17, 2015 from The Honourable... June 17, 2015 Page 188 of 403 12.e) Correspondence dated June 17, 2015 from The Honourable... Page 189 of 403 12.e) Correspondence dated June 17, 2015 from The Honourable... Page 190 of 403 12.e) Correspondence dated June 17, 2015 from The Honourable... Page 191 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 192 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 193 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 194 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 195 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 196 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 197 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 198 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 199 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 200 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 201 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 202 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 203 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 204 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 205 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 206 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 207 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 208 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 209 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 210 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 211 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 212 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 213 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 214 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 215 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 216 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 217 of 403 13.a) Correspondence dated June 4, 2015 from John Dance, Sup... Page 218 of 403 13.b) Correspondence received June 10, 2015 from Simcoe Coun... Simcoe County FOOD & AGRICULTURE CHA RTER CHAMPION AWARDS The Simcoe County Federation of Agriculture invites its members and the public to attend its 75th Anniversary Celebration Thursday July 9, 2015 at 4 p.m. Featuring: Hosted by Jim and Nancy Partridge, and Family Antique Car and Tractor Displays Partridge Family Farm The Simcoe County Food and 192 Line 4 North Agriculture Charter Champion Awards Oro Medonte, ON L0L 2L0 Presentation A Locally Sourced Dinner The Martel’s Rock ‘n Roll Show Tickets $25/person Tickets may be purchased from 705-726-9300 Ext. 1224 connie@simcoecountyfa.org Visit fpa.simcoe.ca for more information Page 219 of 403 13.c) Correspondence dated June 13, 2015 from Dianne Beaton ... Page 220 of 403 13.c) Correspondence dated June 13, 2015 from Dianne Beaton ... Page 221 of 403 15.a) By-Law No. 2015-109: A By-law to amend By-law No. 2012... Page 222 of 403 15.b) By-Law No. 2015-110: A By-law to remove the Holding pr... Page 223 of 403 15.b) By-Law No. 2015-110: A By-law to remove the Holding pr... Page 224 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 225 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 226 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 227 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... TWO DOLLARS ($2.00) Page 228 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 229 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 230 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 231 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 232 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 233 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 234 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 235 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 236 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... (Private Resident Association Feature– not Township’s responsibility) Page 237 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 238 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 239 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 240 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 241 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 242 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 243 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 244 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... TEN THOUSAND DOLLARS ($10,000.00) FIVE THOUSAND DOLLARS ($5,000.00) Page 245 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 246 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 247 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... FIVE MILLION DOLLARS ($5,000,000.00) FIVE MILLION DOLLARS (5,000,000.00) Page 248 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 249 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 250 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 251 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 252 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... FIFTY DOLLARS ($50.00) Page 253 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 254 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 255 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... (Indemnification as works conducted will be on Township Property) Page 256 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 257 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 258 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 259 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 260 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 261 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 262 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... ONE HUNDRED DOLLARS ($100.00) Page 263 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 264 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 265 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 266 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 267 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 268 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 269 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 270 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 271 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... (Private Resident Association Feature– not Township’s responsibility) Page 272 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 273 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 274 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 275 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 276 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 277 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 278 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 279 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 280 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... TWO DOLLARS ($2.00) Page 281 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 282 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 283 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... FIFTY DOLLARS ($50.00) Page 284 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 285 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 286 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 287 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 288 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 289 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 290 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 291 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 292 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 293 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 294 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 295 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 296 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 297 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 298 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 299 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 300 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 301 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 302 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 303 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 304 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 305 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 306 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 307 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 308 of 403 15.c) By-Law No. 2015-111: A By-law to Authorize the Executi... Page 309 of 403 15.d) By-Law No. 2015-112: By-law to enter into Agreement wi... Page 310 of 403 15.d) By-Law No. 2015-112: By-law to enter into Agreement wi... Clean Water Act, Act Act Act, Act Act Act Act Act. Act Page 311 of 403 15.d) By-Law No. 2015-112: By-law to enter into Agreement wi... Act Act, ActClean Water Act, 2006 Clean Water Act Act Act Act Act Act Act. Act. Planning Act Building Code Act Planning Act Building Code Act Act. Act Act Act Page 312 of 403 15.d) By-Law No. 2015-112: By-law to enter into Agreement wi... Act Act Act Act Act Act, Act. Act Act. Page 313 of 403 15.d) By-Law No. 2015-112: By-law to enter into Agreement wi... Act Page 314 of 403 15.d) By-Law No. 2015-112: By-law to enter into Agreement wi... Page 315 of 403 15.d) By-Law No. 2015-112: By-law to enter into Agreement wi... Page 316 of 403 15.e) By-Law No. 2015-113: By-law to Appoint a Risk Manageme... Clean Water Act, 2006 Clean Water Act, 2006,S.O. 2006, Chapter 22 Municipal Act, 2001 Act Act Act Page 317 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Municipal Act2001 Municipal Act2001 Municipal Act2001 Municipal Act2001 Municipal Act, 2001 Municipal Act2001 Municipal Act, 2001 Municipal Act2001 Page 318 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Planning Act Building Code Act1992 Fire Protection and Prevention Act1997 Page 319 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 320 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Note: Prices include all applicable taxes. Note: The above-noted Commissioning Fee shall only apply to non-municipal related documents. Page 321 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Note: In the event that the applicant chooses not to proceed with the land purchase request, the deposit, minus any costs already incurred by the Township with respect to the potential purchase/sale, will be refunded to the applicant. The applicant will be supplied with copies of invoices which shall identify the costs that have already been incurred by the Township. Note: The applicant shall be responsible for all costs incurred by the Township with respect to their request, whether the request is approved or not. The applicant shall be invoiced accordingly, and any such invoice shall include copies of invoices which shall identify the costs that have been incurred by the Township. Note: The applicant shall be responsible for all costs incurred by the Township with respect to their request, whether the request is approved or not. The applicant shall be invoiced accordingly, and any such invoice shall include copies of invoices which shall identify the costs that have been incurred by the Township. Page 322 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... (Maximum $800.00) Page 323 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 324 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... No charge for current homeowners making simple requests Note: Applicable on permits not granted a final after three (3) years subsequent to permit issuance. Note: May be waived at the discretion of the CBO Page 325 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Note: Inspection of public hall facilities that are requested by owner, etc. Note: Inspection of the site from which fireworks will be and have been ignited or inspection of a fireworks storage site, if located within Oro- Medonte. Note: Use of Fire Department apparatus for stand-by fire protection during shows, exhibition, demonstrations, etc. Note: After 3 per 12 Month Period: for non notification to work on system or poor maintenance. Note: Where resident is not in attendance or is unwilling or unable to adequately extinguish the fire. Note: Any person requiring the services of the Oro-Medonte Air Boat who is in contravention of any Federal or Provincial Act or Regulation or who has not exercised reasonable care in their actions, thus necessitating the use of the Air Boat, will be liable for costs incurred. Each incident will be billed for the actual time spent with a minimum charge of 1 hour. Page 326 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 327 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Rates as outlined in current Joint Use Agreement Size Dimensions Per Issue Plus HST Note: 10% Discount for a Yearly Commitment of 3 Guides Location Size Per Season Notes: Fees and charges identified in this Schedule include all applicable taxes, unless otherwise specified. Fees and charges on Sections 2 and 3 also include the arena reserve capital charge. Page 328 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... * To a maximum of $ 20,000.00 Page 329 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 330 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 331 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Note: The deposit shall be refunded upon occupancy, minus a $ 50.00 post installation inspection fee, and provided that the Township does not have to draw on the remaining funds to rectify installation issues and/or repair damages to the Township roads which occurred during installation. Page 332 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Municipal Act, 2001, c.25, as amended Page 333 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 334 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 335 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Note: An inspection/re-inspection fee may be imposed for each inspection conducted in relation to non-compliance of Municipal By-laws. Note:Applicable on permits not granted a final approval after one (1) year subsequent to permit issuance. Page 336 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 337 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Municipal Act, 2001, c. 25, as amended Page 338 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Note: The reserve fund contribution for future upgrades, improvements, repairs and maintenance component shall come into force as of October 1, 2014. Municipal Act, 2001, c.25, Page 339 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 340 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Building Code Act, 1992 Municipal Act, 2001 Page 341 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Page 342 of 403 15.f) By-Law No. 2015-115: A By-law of The Corporation of th... Development Charges Act1997 Municipal Freedom of Information and Protection of Privacy Act Page 343 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Municipal Act, 2001, S.O. 2001 Municipal Act, 2001, S.O. 2001 Municipal Act, 2001, S.O. 2001 Page 344 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 345 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 346 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 347 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 348 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 349 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 350 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 351 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 352 of 403 15.g) By-Law No. 2015-116: A By-law to Authorize the Executi... Page 353 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... Municipal Act, 2001, S.O. 2001 Municipal Act, 2001, S.O. 2001 Municipal Act, 2001, S.O. 2001 Page 354 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... PAN/PARAPAN AMERICAN GAMES INCREMENTAL SERVICES TRANSFER PAYMENT AGREEMENT THIS AGREEMENT the Province of incremental levels of services required April 1, 2015 AMONG: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister Responsible for the 2015 Pan and Parapan American Games AND The Corporation of the Township of Oro-Medonte Recipient AND FOR LIMITED PURPOSES: Toronto Organizing Committee for the 2015 Pan American and Parapan American Games BACKGROUND: A. The Province, Canada, the City of Toronto, the Canadian Olympic Committee, the Canadian Paralympic Committee and TO2015 are parties to the Multi Party Agreement, an agreement that for planning, organizing, promoting, financing and staging the Games to TO2015. A copy of the MPA can be found at http://www.toronto2015.org/about-us/reference-documents. B. The MPA also establishes the basic principles applicable to the provision of incremental services to the Games. These principles include (i) the provision of normal levels of services to the Games at no cost to the Games, (ii) the allocation of normal levels of staff resources for the required services in such a way as to accommodate maximum deployment to the Games, deployment that does not result in any incremental cost impact is to be provided at no cost to the Games and, subject to agreement, (iii) the provision of the incremental levels of services requested by TO2015. C. TO2015 and the Province agreed that, relying on the needs identified by TO2015 and the expertise provided by TO2015 and provincial ministries, the Province would assume the lead role in negotiating and providing funding for the provision of the incremental levels of services that are required to stage the Games. This Agreement sets out the terms and conditions applicable to the funding by the Province of the incremental services described in Schedule A CONSIDERATION: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province, the Recipient and TO2015 agree as follows: Oro-Medonte IS TPA Page 355 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... ARTICLE 1 - INTERPRETATION AND DEFINITIONS 1.1 Interpretation. (a) For the purposes of interpretation: (i) words in the singular include the plural and vice-versa; (ii) words in one gender include all genders; (iii) the background and the headings do not form part of the Agreement; they are for reference only and shall not affect the interpretation of the Agreement; (iv) any reference to dollars or currency shall be to Canadian dollars and currency; and (v) s that the subsequent list is not exhaustive. (b) In the event of a conflict between the terms of a Schedule and the main body of the Agreement, the terms of the main body of the Agreement shall govern unless the terms of the applicable Schedule specifically state otherwise. Capitalised words and phrases used in a Schedule shall have the meaning set out in the main body of the Agreement, unless separately defined in the Schedule. 1.2 Definitions. In the Agreement, the following terms shall have the following meanings: means this agreement entered into among the Province, the Recipient and TO2015and includes all of the schedules listed in section 19.13 and any amending agreement entered into pursuant to section 20.2. Business Day means any working day, Monday to Friday inclusive, excluding statutory and other Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. Notwithstanding the foregoing, from July 3, 2015 through August 17, 2015 Business Day means any day of the week Monday to Sunday inclusive and includes the Civic Holiday on Monday August 3, 2015. Compliance Declaration D. Contingency Funds are funds that are only available for costs incurred for the delivery of Extraordinary Incremental Services during . Contingency Funds are identified in Schedule B. Cost Submission from the Recipient to obtain Funds. The elements of a Cost Submission are identified in Schedule C. means the date set out at the top of the Agreement. has the meaning ascribed to it in section 14.1. Extraordinary Incremental Services are services that meet the criteria set out in subsection 4.6. means: (i) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (ii) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. means the money the Province provides to the Recipient pursuant to the Agreement and includes Contingency Funds. GamesTime July 7 to August 15, 2015. Oro-Medonte IS TPA Page 2of 20 Page 356 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... means the maximum amount of funding available under this Agreement. Maximum Funds are identified in Schedule B. means any communication given or required to be given pursuant to the Agreement. means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. Other Games-related Agreements Recipient and TO2015 to which the Province is not a party, other than this Agreement. Other Games-related Agreements include trade mark licensing, venue rental, facility, sponsorship, services, and designation program agreements. means the Province and the Recipient. means either the Province or the Recipient. Planning Document(s) means the document or documents identified in Schedule A as the planning document(s) applicable to a Service. means the C and such other reports as may be required from time to time by the Province pursuant to this Agreement. means a service identified in Schedule A means more than one Service. means the timelines for the delivery of a Services set out in the applicable Planning Document or otherwise in Schedule A. ARTICLE 2 - REPRESENTATIONS, WARRANTIES AND COVENANTS General. 2.1 The Recipient represents, warrants and covenants that: (a) it is, and shall continue to be for the term of the Agreement, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and shall continue to have for the term of the Agreement, the experience and expertise necessary to carry out the Project; (c) it is, and shall continue to be for the term of the Agreement, in compliance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project, the Funds or both; (d) any information or Reports the Recipient has provided or provides to the Province in support of its request for funds (including, but not limited to, information relating to the development of the Budget, a Cost Submission and a Compliance Declaration) was true and complete at the time the Recipient provided it and shall continue to be true and complete for the term of the Agreement. (e) it will provide the normal level of the Services and, subject to s. 4.6, the normal level of Extraordinary Incremental Services to the Games at its own cost; (f) it will not recover, nor seek to recover, under this Agreement any costs arising out of a discretionary event put on by, or sponsored by, the Recipient or a third party; (g) it will not profit, nor seek, to make a profit, on the Project; (h) it will not recover, nor seek to recover, under this Agreement any costs related to a Recipient obligations in respect of the provision of services that the Recipient has agreed to provide under Other Games-related Agreements; (i) it will deploy its staff and resources so as to minimize the need for the Services and service levels identified in Schedule A as well as any Extraordinary Incremental Services; and (j) it will ensure that the Services and any Extraordinary Incremental Services required under the Project will be provided to the RecipientService delivery standards and without interruption for the applicable Timelines. Oro-Medonte IS TPA Page 3of 20 Page 357 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... Execution of Agreement. 2.2 The Recipient represents and warrants that it has the full power and authority to enter into the Agreement and it has taken all necessary actions to authorize the execution of the Agreement. Governance. 2.3 The Recipient represents, warrants and covenants that it has, and shall maintain, in writing for the period during which the Agreement is in effect: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient organization; (b) procedures to ensure the ongoing effective functioning of the Recipient; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage the Funds prudently and effectively; (e) procedures to enable the Recipient to complete the Project successfully; (f) procedures to enable the Recipient, in a timely manner, to identify risks to the completion ofthe Project, and strategies to address the identified risks; (g) procedures to enable the preparation and delivery of all Reports required pursuant to Article 7; and (h) procedures to enable the Recipient to deal with such other matters as the Recipientconsiders necessary to ensure that the Recipient carries out its obligations under the Agreement. Supporting Documentation. 2.4 Upon request, the Recipient shall provide the Province with proof of the matters referred to in this Article 2. ARTICLE 3 - TERM OF THE AGREEMENT Term. 3.1 The term of the Agreement shall commence on the Effective Date and shall expire on March 31, 2016unless terminated earlier pursuant to Article 12, Article 13 or Article 14. ARTICLE 4 - FUNDS AND CARRYING OUT THE PROJECT 4.1 Funds Provided. Subject to the terms of this Agreement, the Province shall: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient subject to the receipt of a Cost Submission acceptable to the Province by the due date set out in Schedule C; and (c) deposit the Funds into an account designated by the Recipient provided that the account resides at a Canadian financial institution and is in the name of the Recipient. Limitation on Payment of Funds. 4.2 Despite section 4.1: (a) the Province is not obligated to provide Funds until it is satisfied with the progress of the Project and with any Cost Submission; (b) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year Recipient pursuant to section 7.1; and (c) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may reduce the amount of the Funds and, in consultation with the Recipient, change the Project or terminate the Agreement pursuant to section 13.1. Use of Funds and Project. 4.3 The Recipient shall: (a) carry out the Project in accordance with the applicable Planning Documents and the terms and conditions of the Agreement; (b) use the Funds only for the purpose of carrying out the Project; and (c) subject to subsection 4.4 and 4.6, spend the Funds only in accordance with the Budget. (d) not use the Funds to cover any specific cost that has or will be funded or reimbursed by any other . third party, including other ministries, agencies and organizations of the Government of Ontario Budget 4.4 . less than the Budget Oro-Medonte IS TPA Page 4of 20 Page 358 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... cost for that Service, the Recipient may move budgeted funds between line items within the Budget, as and provided that such change is consistent with the and conditions of this Agreement. This Budget flexibility does not extend to any funds allocated to Contingency. No Changes. 4.5 The Recipient shall not make any changes to the Project, the Timelines or the Budget without the prior written consent of the Province, except for the changes permitted under subsections 4.4 and 4.6 of this Agreement. Contingency Funds and the Gamesime Delivery of Extraordinary Incremental Services 4.6 (a) Notwithstanding anything else in this Agreement the Contingency Funds are available solely for the purpose of enabling a Recipient to deliver an Extraordinary Incremental Service during Gamesime without seeking an amendment of the Agreement from the Province in advance of delivering the Extraordinary Incremental Service. (b) An Extraordinary Incremental Service means: (i) a service level beyond the service level identified in Schedule A; or (ii) a new service not identified in Schedule A, that (iii) is not a service funded under an Other Games-related Agreement; (iv) is not a service funded under another agreement with the Ontario government or a third party; (v) cannot be delivered within the Budget without access to the Contingency Funds; and (vi) is not a fire, emergency medical or municipal transit service or related service. (c) A claim for funding the delivery of an Extraordinary Incremental Service must, in the sole discretion of the Province, be reasonable, justifiable and evidence-based. It must be submitted as part of a Cost Submission and must include the following information together with supporting evidence satisfactory to the Province: (i) evidence of a request or approval from an authorized TO2015 or provincial ministry personnel at a level equivalent to a Director or higher, to provide the Extraordinary Incremental Services; (ii) a description of the Extraordinary Incremental Service, the scope, the start andend dates of service delivery together with an indication of whether the Extraordinary Incremental Services is an increase in a service level required under Schedule A or an entirely new service not provided for in Schedule A; (iii) If a new service, confirmation that the Recipient provided the normal level of the service without cost, could not avoid costs through maximum deployment and is only seeking funding for the incremental cost of the incremental level of the service; (iv) confirmation that the Extraordinary Incremental Services were not funded by a third party and were provided in accordance with the Agreement, including the applicable Planning Documents; (iv) evidence of the basis on which the cost for delivering the Extraordinary Incremental Services was established; and (v) the actual cost incurred by the Recipient to provide the Extraordinary Incremental Service, less cost savings from maximum deployment of staff and resources as well as any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, refund or funding from a third party. (d) The Province will review all claims for Contingency Funding of Extraordinary Incremental Services. Provided that the Province is satisfied that the claim meets the criteria set out above, then the Province will fund the claim from the Contingency Funds. Oro-Medonte IS TPA Page 5of 20 Page 359 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... Interest Bearing Account. 4.7If the Province provides Funds to the Recipientprior to the Recipient immediate need for the Funds, the Recipient shall place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. Interest. 4.8 If the Recipient earns any interest on the Funds, the Province may deduct an amount equal to the interest from any further payment of Funds or demand from the Recipient the repayment of an amount equal to the interest. Maximum Funds. 4.9 The Recipient acknowledges that the Funds available to it pursuant to the Agreement shall not exceed the Maximum Funds. Rebates, Credits and Refunds. 4.10 The Recipient acknowledges that the amount of Funds available to it pursuant to the Agreement is based on the actual costs to the Recipient, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund. ARTICLE 5 - ACQUISITION OF GOODS OR SERVICES 5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it shall do so through a process that promotes the best value for money. ARTICLE 6 - CONFLICT OF INTEREST 6.1 No Conflict of Interest. The Recipient shall carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. Conflict of Interest Includes. 6.2 For the purposes of this Article, a conflict of interest includes any circumstances where the Recipient or any person who has the capacity to influence the Recipient decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient, the use of the Funds, or both. Disclosure to Province. 6.3 The Recipient shall disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest and comply with any terms and conditions that the Province may prescribe as a result of the disclosure. ARTICLE 7 - REPORTING, ACCOUNTING AND REVIEW Preparation and Submission. 7.1The Recipient shall: (a) submit to the Province at the address provided in section 18.1, all Reports in accordance with C Province from time to time; (b) submit to the Province at the address provided in section 18.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. Record Maintenance. 7.2 The Recipient shall keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. Inspection. 7.3 The Province, its authorized representatives or an independent auditor identified by the Oro-Medonte IS TPA Page 6of 20 Page 360 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... Province may, at its own expense, upon twenty-four Notice to the Recipient and during normal business hours, enter upon the Recipientor attend at the Service delivery locations to review either or both of the progress of the Project and the Recipientallocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section 7.2; (b) remove any copies made pursuant to section 7.3(a) from the Recipient (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. Independent Confirmation of Service Delivery 7.4 . In addition to the rights set out in 7.3, the Province may take such additional steps as the Province determines is necessary, including the provision of copies of any Report to TO2015 or another provincial ministry to obtain confirmation that the Services for which a Cost Submission is made were delivered as required by this Agreement. Disclosure. 7.5 To assist in respect of the rights set out in section 7.3 and 7.4, the Recipient shall disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and shall do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. No Control of Records. 7.6 No provision of the Agreement shall be construed so as to give the Province any control whatsoever over the Recipient ARTICLE 8 - COMMUNICATIONS REQUIREMENTS Acknowledge Support. 8.1 When acknowledging the support of the Province, the Recipient shall do so in a form and manner acceptable to the Province. Publication. 8.2 The Recipient shall indicate, in any of its publications, of any kind, including written, oral, or visual, relating to the Project, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. Publicity 8.3 . In the event that either of the Recipient or TO2015 intend to communicate with the media in relation to this Agreement, each of the Recipient and TO2015 agree to notify the Province in a timely manner and prior to any such communications. Connection to Games. 8.4The Recipient acknowledges that it cannot imply any connection between the Project and the Games in its branding, marketing, website or otherwise, other than as permitted under a Non Commercial Trademark Licensing Agreement with TO2015, unless it has received the prior written permission of TO2015. For greater clarity, implying a connection with the Games may include (i)using and (iii) using any official marks or symbols of TO2015 or the Games or any confusingly similar marks or symbols in connection with the Project. Comply with TO2015 Conditions 8.5 . If TO2015 grants permission pursuant to subsection 8.4, the Recipient shall comply with any conditions required by TO2015. Other Project Participants including Subcontractors 8.6 . The Recipient will ensure that its subcontractors and other participants involved with the Project comply with the requirements of this Article. The Recipient acknowledges that any limited rights of association that may be permitted by TO2015 are solely for use by the Recipient unless TO2015 specifies otherwise. ARTICLE 9 - FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY 9.1 FIPPA. Each of the Province, the Recipient and TO2015 acknowledges that the Province, the Recipient Oro-Medonte IS TPA Page 7of 20 Page 361 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... and TO2015 are bound by freedom of information and protection of privacy legislation and that any information provided to any of the Province, the Recipient or TO2015 in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that legislation. ARTICLE 10 - INSURANCE Insurance. 10.1The Recipient represents and warrants that it has, and shall maintain for the term of the Agreement, at its own cost and expense, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain. ARTICLE 11 - TO2015 Role. 11.1 TO2015 agrees that it (a) has identified the Services and the levels of Services required for the Games; (b) hereby requests that the Recipient provide the Services required for the Games; and (c) will assist the Province with confirming the provision of the Services and undertake such other due diligence with respect to Cost Submissions as the Province reasonably requires. Confirmation. 11.2 TO2015 agrees that by executing this Agreement and any amendment to the Agreement that changes a Service or a level of Service, it is representing, warranting and covenanting that the Services and levels of Service funded under this Agreement: (i) do not include any services required to be provided by the Recipient under any Other Games- related Agreement; and (ii) meet the needs of the Games as those needs are understood at the time of execution of the Agreement and any subsequent amendment to the Agreement. Limited Application. 11.3 TO2015 acknowledges and agrees that its rights and obligations under this Agreement are limited. For greater clarity, TO2015 acknowledges that the Province and the Recipient may amend any provision(s) of this Agreement other than the description of a Service or a level of Service, or Articles 1, 3, 9, 11, 18, 19, 20 and sub articles 8.3, 8.4, 8.5 and 8.6 without the consent of TO2015, such consent not to be unreasonably withheld. ARTICLE 12 - TERMINATION ON NOTICE Termination on Notice. 12.1 The Province may terminate the Agreement at any time upon giving at least 30 to the Recipient. Consequences of Termination on Notice by the Province. 12.2 If the Province terminates the Agreement pursuant to section 12.1, the Province may take one or more of the following actions: (a) cancel all further payments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset the costs determined pursuant to section 12.2(c), against the amount owing pursuant to section 12.2(b); and (ii) subject to section 4.9, provide Funds to the Recipient to cover the costs determined pursuant to section 12.2(c). ARTICLE 13 - TERMINATION WHERE NO APPROPRIATION TerminationWhere No Appropriation. 13.1 If, as provided for in section 4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately by giving Notice to the Oro-Medonte IS TPA Page 8of 20 Page 362 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... Recipient. Consequences of Termination Where No Appropriation. 13.2 If the Province terminates the Agreement pursuant to section 13.1, the Province may take one or more of the following actions: (a) cancel all further payments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b). No Additional Funds. 13.3 For purposes of clarity, if the costs determined pursuant to section 13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province shall not provide additional Funds to the Recipient. ARTICLE 14 - EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT Events of Default. 14.1 Each of the following events shall constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide Reports in accordance with section 7.1; (b) the Recipientsuch that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; and (d) the Recipient ceases to operate. Consequences of Events of Default and Corrective Action. 14.2If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further payments of Funds; (f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand the repayment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, upon giving Notice to the Recipient. Opportunity to Remedy. 14.3If, in accordance with section 14.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province shall provide Notice to the Recipient ofthe particulars of the Event of Default and the Notice Period. Recipient not Remedying. 14.4 If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i). Oro-Medonte IS TPA Page 9of 20 Page 363 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... When Termination Effective. 14.5Termination under this Article shall take effect as set out in the Notice. ARTICLE 15 - FUNDS AT THE END OF A FUNDING YEAR Funds at the End of a Funding Year. 15.1 Without limiting anyrights of the Province under Article 14, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand the return of the unspent Funds; and (b) adjust the amount of any further payments of Funds accordingly. ARTICLE 16 - FUNDS UPON EXPIRY Funds Upon Expiry. 16.1 The Recipient shall, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. ARTICLE 17 - REPAYMENT Repayment of Overpayment. 17.1 If at any time during the term of the Agreement the Province provides Funds in excess of the funds to which the Recipient is entitled under the Agreement, the Province may deduct an amount equal to the excess Funds from any further payments of Funds or demandthatthe Recipient pay an amount equal to the excess Funds to the Province Debt Due. 17.2 If, pursuant to the Agreement: (a) the Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount shall be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient shall pay or return the amount to the Province immediately, unless the Province directs otherwise. Interest Rate. 17.3 The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. Payment of Money to Province. 17.4 The Recipient shall pay any money owing to the Province by cheque delivered to the Province at the address provided in section 18.1. ARTICLE 18 - NOTICE Notice in Writing and Addressed. 18.1 Notice shall be in writing and shall be delivered by email, postage- prepaid mail, personal delivery or fax, and shall be addressed to the Province, the Recipient or TO2015 as set out below: Oro-Medonte IS TPA Page 10 of 20 Page 364 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... To the Province: To the Recipient: Pan/Parapan American Games The Corporation of the Township of Secretariat Oro-Medonte th 777 Bay Street 18 Floor 148 Line 7 South Toronto, ON M7A 1S5 Oro-Medonte, ON L0L 2E0 Attention: Attention: John Gerritsen Shawn Binns Director, Finance, Risk and Director, Recreation & Community Games Support Services Email: John.Gerritsen@Ontario.ca Fax: 705-487-0133 Email: sbinns@oro-medonte.ca To TO2015: Toronto Organizing Committee for the 2015 Pan American and Parapan American Games Corus Quay th 25 Dockside Drive 7 Floor Toronto, M5A 0B5 Attention: Barbara Anderson Chief Financial Officer Fax: 416-957-3999 Email: Barbara.Anderson@Toronto2015.org Notice Given. 18.2 Notice shall be deemed to have been received in the case of postage-prepaid mail, seven days after it is mailed, or in the case of email, personal delivery or fax, at the time it is received. Postal Disruption. 18.3 Despite section 18.2, in the event of a postal disruption Notice by postage-prepaid mail shall not be deemed to be received; and the Province, TO2015 and the Recipient shall provide Notice by email, personal delivery or by fax. Receipt on a non-Business Day. 18.4 Despite section 18.2, if a Notice is received on a non-Business Day, or after 5 p.m. on a Business Day, the Notice shall be deemed to have been received on the next Business Day. ARTICLE 19 OTHER PROVISIONS Consent. 19.1 When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient shall comply with such terms and conditions. Invalidity or Unenforceability of Any Provision. 19.2 The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision shall be deemed to be severed. Waivers in Writing. 19.3 If any one of the Province, the Recipient or TO2015 fails to comply with any term of the Agreement, that entity may only rely on a waiver of another entity if the other entity has provided a written waiver in accordance with the Notice provisions in Article 18. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. Independent. 19.4 Each of the Province, the Recipient and TO2015 acknowledge that it is not an agent, joint venturer, partner or employee of the others, and agrees that it shall not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or Oro-Medonte IS TPA Page 11 of 20 Page 365 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... imply such a relationship. No Assignment. 19.5 The Recipient shall not, without the prior written consent of the Province, assign any of its rights, or obligations under the Agreement. Agreement Binding. 19.6 All rights and obligations contained in the Agreement shall extend to and be binding on each of the Province, the Recipient and TO2015, its heirs, executors, administrators, successors and permitted assigns. Governing Law. 19.7 The Agreement and the rights, obligations and relations of the Province, the Recipient and TO2015 shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in the courts of Ontario, which shall have exclusive jurisdiction over such proceedings. Agreement into Effect. 19.8 Each of the Province, the Recipient and TO2015 shall provide such further assurances as the others may request from time to time with respect to any matter to which the Agreement pertains, and shall otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. Joint and Several Liability. 19.9 Where the Recipient is comprised of more than one entity, all such entities shall be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. Rights and Remedies Cumulative. 19.10 The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. Acknowledgement 19.11 . The Recipient acknowledges that by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario including the Broader Public Sector Accountability Act, the Public Sector Salary Disclosure Act, 1996 (Ontario)and the Auditor General Act (Ontario). Other Agreements 19.12 . If the Recipient: (a) has failed to comply (a ) with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or a Crown agency; (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. Schedules. 19.13 The Agreement includes the following schedules: (a) - Project Description; (b) - Budget; (c) Reports and Payment of Funds; and (d) - Compliance Declaration Survival. 19.14 The following Articles and sections, and all applicable cross-referenced sections and schedules, shall continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement Article 1 and any other applicable definitions, section 4.2(d), 4.9, Article 7, Article 8, Article 10, Article 11, section 12.2,sections 13.2 and 13.3,sections 14.1, 14.2(d), (e), (f), (g) and (h), Article 16, Article 17, Article 18, Article 19 and Article 20. Counterparts. 19.15 The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Oro-Medonte IS TPA Page 12 of 20 Page 366 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... ARTICLE 20 - ENTIRE AGREEMENT Entire Agreement. 20.1 The Agreement constitutes the entire agreement between the Province, the Recipient and TO2015 with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Modification of Agreement. 20.2 The Agreement may only be amended by a written agreement duly executed by the Parties. Notwithstanding the foregoing, if the amendment modifies any one or more of Article 1, Article 3, sub Articles 8.3, 8.4, 8.5 or 8.6, Article 9, Article 11, Article 18, Article 19, Article 20, a Service or a level of Service set out in Schedule A or otherwise adds rights or obligations applicable to TO2015, the Agreement may only be amended by a written agreement duly executed by the Parties and TO2015. The Province, the Recipient and TO2015 have executed the Agreement on the dates set out below. Toronto Organizing Committee for the 2015 The Corporation of the Township of Oro-Medonte Pan American and Parapan American Games By: By: _________________________________ ________________________________ I have authority to bind TO2015 Saäd Rafi, Chief Executive Officer I have authority to bind the Recipient. Douglas Irwin Clerk/Director of Corporate Services Date: _____________________________ Date: ___________________________ HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as representedby the Minister Responsible for the 2015 Pan and Parapan American Games By: _________________________________ Nancy Mudrinic, Assistant Deputy Minister Finance, Risk and Games Support Division Pan/Parapan American Games Secretariat Date: _____________________________ Oro-Medonte IS TPA Page 13 of 20 Page 367 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... SCHEDULE - Project Description The Project is composed of the provision of the on the terms and conditions set out in the Agreement including this Schedule A. PROJECT ELEMENT DESCRIPTION 1. Service Games Branded Spectator Wayfinding Signage Incremental The recipient shall install, maintain and remove wayfinding signage as Service Level described in the Local Area Plan dated May 29,2015 not limited to Sections 11, 15 and 16.7. Additional Terms n/a & Conditions 2. Service Advisory/ Regulatory Signage Incremental The recipient shall procure, install, maintain and remove advisory and Service Level regulatory signage as described in the LAP, including but not limited to Sections 10, 15 and 16.2. Additional Terms n/a & Conditions 3. Service Traffic Management - Venue Vicinity Incremental The recipient shall procure, install, maintain and remove traffic management Service Level measures and furniture, fixtures and equipment as described in the LAP, including but not limited to Sections 10, 14, 15 and 16.2. Additional Terms n/a & Conditions 4. Service Cycle Parking Incremental The recipient shall procure, install, and remove cycle parking requirements Service Level (furniture, fixtures and equipment) as described in the LAP, including but not limited to Section 6 and 15. Additional Terms n/a & Conditions 5. Service Spectator Parking Incremental none Service Level Additional Terms n/a & Conditions 6. Service Park and Ride Shuttles Incremental none Service Level Additional Terms n/a & Conditions 7. Service Infrastructure Improvements, Accessibility and Safety Incremental none Service Level Additional Terms n/a & Conditions 8. Service Other Incremental The recipient shall provide postage for resident access permits as described Service Level in the LAP, including but not limited to Section 10. Additional Terms n/a Oro-Medonte IS TPA Page 14 of 20 Page 368 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... & Conditions 9. Service Games Route Network Incremental none Service Level Additional Terms n/a & Conditions Oro-Medonte IS TPA Page 15 of 20 Page 369 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... BUDGETTEMPLATE #U UB NITSNIT UDGET ISPR NCREMENTAL ERVICE TO BE ROVIDED BY ECIPIENT C ($) OST ($) 1. Games Branded Wayfinding Signage 1.A Installation 40 hours 42.70 1,708 1.B Maintenance 0 0 0 1.C Removal 40 hours 42.70 1,708 1.D Other- Hourly Vehicle Charge 45 hours 0 1,260 2. Advisory/ Regulatory Signage 2.Ai Purchase- No Parking signs 40 21.50 860 2.Aii Purchase- -Channel 40 19.95 798 2.AiiPurchase- - Channel 40 10.95 438 i 2.B Installation 15 hours 42.70 640.50 2.C Maintenance 0 0 0 2.D Removal 15 hours 42.70 640.50 2.E Other 0 0 0 3. Traffic Management- Venue Vicinity 3.Ai Purchase- Barricades 7 75 525 3.Aii Purchase- Detour Turn Off 3 79.50 238.50 3.AiiPurchase- Road Closed Tab & Local Traffic 6 32.50 195 i Only Tab 3.AiPurchase- Delineator Light 3 14.95 44.85 v 3.Av Purchase- Road Closed Sign 4 64.50 258 3.AvPurchase- Road Closing Notice 4 125 500 i 3.B Installation 9 hours 42.70 384.30 3.C Maintenance 0 0 0 3.D Removal 9 hours 42.70 384.30 3.E Other 0 0 0 4. Cycle Parking 4.A Purchase- Cycle Racks 25 339 8,475 4.B Installation 0 0 0 4.C Removal 0 0 0 4.D Other 0 0 0 5. Spectator Parking 5.A Staffing 0 0 0 5.B Infrastructure 0 0 0 5.C Other 0 0 0 6. Park and Ride Shuttles 6.A Staffing 0 0 0 6.B Shuttle Costs 0 0 0 6.C Infrastructure 0 0 0 6.D Other 0 0 0 7. Infrastructure Improvements, Accessibility and Safety 7.Ai Infrastructure Improvement- 0 0 0 7.B Other 0 0 0 8. Other 8.Ai Resident Access Permits- Envelopes 57 .55 31.35 8.Aii Resident Access Permits- Stamps 60 .85 51 9. Games Route Network Oro-Medonte IS TPA Page 16 of 20 Page 370 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... 9.A. Traffic Signal Timing Modification 0 0 0 9.B New Advance Left Turn Phase 0 0 0 9.Ci No Stopping/Parking Signs - Production 0 0 0 9.Cii No Stopping/Parking Signs 0 0 0 Installation/Removal 9.D Turn Restriction Signs 0 0 0 9.E Traffic Camera 0 0 0 9.F Lane Marking Changes HOV Lanes Skips 0 0 0 9.G Paid Duty Officer 0 0 0 9.H By-Law Enforcement 0 0 0 9.I TC-54 Barrels 0 0 0 9.J Other 0 0 0 BSC $19,140.30 UDGET UBTOTAL BEFORE ONTINGENCY X. Contingency for Extraordinary Incremental $2,116.59 Services (see subsection 4.6) MFA $21,256.89 AXIMUM UNDS VAILABLE Oro-Medonte IS TPA Page 17 of 20 Page 371 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... C Reports and PAYMENT OF FUNDS NDR DD AME AND ESCRIPTION OF EPORTUE ATE Cost Submission. 1. October 30, 2015 (a) A Cost Submission will: On or before . (i) identify the Services and Extraordinary Incremental Services and costs for which funding is sought; (ii) include evidence satisfactory to Province that the Services and the Extraordinary Incremental Services were delivered and the costs incurred; and (iii) include a Compliance Declaration. (b) A Cost Submission that seeks Contingency Funding for Extraordinary Incremental Services will include all information and evidence required by sub section 4.6(c). 2. Final Project Report. October 30, 2015. The form and content On or before requirements of the Final Project Report will be provided by the Province. 3. Reports specified from time to time. On a date or dates specified by the Province. Oro-Medonte IS TPA Page 18 of 20 Page 372 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... SD Form of Compliance Declaration COMPLIANCE DECLARATION Issued pursuant to the Incremental Services Transfer Payment Agreement for the funding by Province of Services required for the 2015 Pan American and Parapan American Games effective \[insert date before To:HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by by the Minister Responsible for the 2015 Pan and Parapan American Games From: \[insert legal name of Recipient\] Recipient Date: \[insert date\] Re: Cost Submission dated \[insert date\] The Recipient has authorized me, by resolution or by-law dated \[insert date\], to declare to you as follows: After making inquiries of the Recipientinsert position of person responsible for ensuring that the Recipient fulfills its obligations under the Agreement - e.g. Chief Administrative Officer\] and other appropriate personnel and subject to any exceptions identified on an appendix added to this Declaration of Compliance if required, the Recipient declares that it is in full compliance with the Agreement. Without limiting the generality of the foregoing, the Recipient confirms that (i) the Services and Extraordinary Incremental Services for which funding is sought in the Cost Submission were provided in accordance with the Agreement, including the applicable Planning Documents, and do not include any services that the Recipient is required to provide under Other Games-related Agreements; (ii) the costs identified in the Cost Submission reflect the actual cost incurred by the Recipient to provide the Services and the Extraordinary Incremental Services, less cost savings from maximum deployment of staff and resources as well as any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, refund or funding from a third party; (iii) the Recipient exercised its discretion in determining whether to make the Cost Submission; and (iv) the Cost Submission is accurate in all respects and in full compliance with the terms of the Agreement. Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the Agreement. _______________________________ \[insert name and title of authorized individual\], Oro-Medonte IS TPA Page 19 of 20 Page 373 of 403 15.h) By-Law No. 2015-117: A By-law to Authorize the Executi... SD : Appendix to the Declaration of Compliance Exceptions The Recipient declares that it is in full compliance with the Agreement, other than as set out below and for the identified reasons. Exception Reason for Non-Compliance Intended Mitigation Activities Oro-Medonte IS TPA Page 20 of 20 Page 374 of 403 15.i) By-Law No. 2015-118: A By-law to Authorize the Executi... Public Libraries Act, R.S.O. 1990, c.P.44 Page 375 of 403 15.i) By-Law No. 2015-118: A By-law to Authorize the Executi... Page 376 of 403 15.j) By-Law No. 2015-119: A By-law to Authorize the Executi... Public Libraries Act, R.S.O. 1990, c.P.44 Page 377 of 403 15.j) By-Law No. 2015-119: A By-law to Authorize the Executi... Page 378 of 403 15.k) By-Law No. 2015-120: A By-law to Authorize the Executi... Public Libraries Act, R.S.O. 1990, c.P.44 Page 379 of 403 15.k) By-Law No. 2015-120: A By-law to Authorize the Executi... Page 380 of 403 15.l) By-Law No. 2015-121: A By-law to Amend By-law No. 2012... Municipal Act2001, S.O. 2001, c.25, as amended, Municipal ActS.O. 2001, c.25, as amended, Page 381 of 403 15.m) By-Law No. 2015-122: A By-law to Amend By-law No. 2015... Page 382 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 383 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 384 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 385 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 386 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 387 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 388 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 389 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 390 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 391 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 392 of 403 15.n) By-Law No. 2015-123: Being a By-law to establish a fra... Page 393 of 403 15.o) By-Law No. 2015-124: A By-law to Amend By-law No. 2015... Municipal Act, 2001, S.O. 2001, c. 25 Page 394 of 403 15.p) By-Law No. 2015-125: A By-law to Authorize the Executi... Page 395 of 403 15.p) By-Law No. 2015-125: A By-law to Authorize the Executi... Page 396 of 403 15.p) By-Law No. 2015-125: A By-law to Authorize the Executi... Page 397 of 403 15.p) By-Law No. 2015-125: A By-law to Authorize the Executi... Page 398 of 403 15.p) By-Law No. 2015-125: A By-law to Authorize the Executi... Page 399 of 403 15.p) By-Law No. 2015-125: A By-law to Authorize the Executi... Page 400 of 403 15.p) By-Law No. 2015-125: A By-law to Authorize the Executi... Page 401 of 403 15.p) By-Law No. 2015-125: A By-law to Authorize the Executi... Page 402 of 403 18.a) By-Law No. 2015-114: Being a By-Law to Confirm the Pro... Municipal Act, 2001, S.O. 2001, C. 25, as amended Page 403 of 403