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06 23 2021 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Electronic Meeting j�T h�p Wednesday, June 23, 2021 10:30 a.m. - Public Hearing/Open Session Proud Heritage,Exciting Future 11:00 a.m. - Recognitions Closed Session Times Noted on Agenda Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte facilities including the Administration Centre were closed to the public. We will continue to offer services online and over the telephone. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Open Forum or IDS Committee Participation Form • Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Call to Order - Moment of Reflection: The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues Page 1 of 255 Council Meeting Agenda - June 23, 2021 today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 6 a) Moment of Reflection Reading. [Addenda] 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) 12.00 p.m. Robin Dunn, CAO re Solicitor-client privilege (Cannabis). d) To be Dealt with under Item 18. Yvonne Aubichon, Clerk; and Donna Hewitt, Director, Corporate Services re: Acquisition/disposition of land (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))). e) To be Dealt with under Item 18. Donna Hewitt, Director, Corporate Services; and Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Acquisition/disposition of land (Land Acquisition for Municipal Purposes). 5. Minutes of Council and Committees: 7 - 23 a) Minutes of Council meeting held on Wednesday, June 9, 2021. 24 - 27 b) Minutes of Special Council meeting held on Friday, June 11, 2021. 28 - 36 c) Minutes of Heritage Committee meeting held on Monday, June 21, 2021 (to be distributed). 6. 11:00 a.m. Recognition of Achievements: 37 a) Nari Hwang re: Advocate for a Cleaner, Healthier Lake Simcoe. Page 2 of 255 Council Meeting Agenda - June 23, 2021 38 b) Taylor Liedtke, re: Fundraising Towards the Purchase of Dog Waste Bag Dispensers for our Community. 39 c) John Crawford re: 2021 Oro-Medonte Citizen of the Year Award Recipient. 40 d) Sheila Craig re: 2021 Ontario Senior of the Year Award Recipient. 7. 10:30 a.m. Public Meeting: 41 - 67 a) Public Hearing, DS2021-096, Andria Leigh, Director, Development Services re: Minor Variance Application 2020-A-23 (revised), Mitchell & Alexandra Casey, 1751 Mount St. Louis Road East. 8. Deputations/Presentations: None. 9. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda. Refer to Procedural By-Law No. 2017-165 for additional information. 10. Reports of Municipal Officers for Action: 68 - 80 a) DS2021-087, Danielle Waters, Planner re: Zoning By-law Amendment Application 2021-ZBA-04 by Charlotte Rice, 8790 Highway 12 North [Refer to Item 17a)]. 81 - 110 b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication Tower —Andrew Robinson and Jason Robinson (Owners) and Canacre Ltd. (Agent), 6331 Line 3 North, Pre-Consultation Application 2021-PCA-06. 111 - 113 c) OCS2021-13, Karla Musso-Garcia, Manager, Operations re: Sole Source Supply and Install of Fuel Facility and Fuel Management System for the South Yard. 114 - 182 d) OCS2021-14, Shawn Binns, Director, Operations and Community Services re: 2021 Parks and Recreation Master Plan. 183 - 186 e) CS2021-18, Yvonne Aubichon, Clerk re: Interim Integrity Commissioner Update (to be distributed) [Refer to Item 17d)]. 187 - 227 f) DS2021-95, Andria Leigh, Director, Development Services re: Proposed Changes to the Conservation Authorities Act —ERO Posting 019-2986. 11. Reports of Municipal Officers for Information Only: 228 - 236 a) Robin Dunn, CAO re: Update on COVID-19 Actions. 12. Reports of Members of Council: a) Page 3 of 255 Council Meeting Agenda - June 23, 2021 Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. Provides an opportunity for the Township's representatives at the County of Simcoe, and the Council members appointed as the Township's representatives at the Township's Partners and Agencies, to deliver updates on the activities of the County of Simcoe and the Township's Partners and Agencies. 13. Announcements: 14. Consent Agenda: 237 - 238 a) Announcements of Interest to the Public: 1 . Township of Oro-Medonte, Ward Boundary Review, Phase Two Survey - Open Until Friday, June 25, 2021 ; Select a Preferred Option in the Mapping Icon. 2. Township of Oro-Medonte, Office Closures Notice, Thursday, July 1 and Friday, July 2, 2021. 239 - 241 b) County of Simcoe Releases: 1 . Volatus Aerospace Accelerates Investment in Simcoe County; 2. County Increasing LINX Transit Services on Route 3 (Barrie to Orillia). Staff Recommendation: Receive for Information Only. 242 - 243 c) Correspondence dated June 1, 2021 from Town of Fort Erie re: Capital Gains Tax on Primary Residence. Staff Recommendation: Receive, Support and Advise under the Mayor's Signature. 244 - 245 d) Correspondence dated June 11 , 2021 from the City of St. Catherines re: Lyme Disease Awareness Month. Staff Recommendation: Receive, Support, Advise under Mayor's Signature. 246 - 247 e) Correspondence dated June 1, 2021 from Town of Halton Hills re: Elimination of Local Planning Appeal Tribunal (LPAT). Staff Recommendation: Receive for Information Only. 15. Communications/Petitions: None. 16. Notice of Motions: None. 17. By-Laws: 248 - 249 a) 2021-059: A By-law to amend the zoning provisions which apply to lands at Plan 1128 Lot 3 (Orillia) Township of Oro-Medonte, 2021-ZBA-04 (Rice). 250 - 251 b) Page 4 of 255 Council Meeting Agenda - June 23, 2021 2021-070: A By-law to Remove the Holding symbol on lands described as follows: Part of Lot 16, Concession 11 Oro Part 1 Plan 51 R-41100 being Registered Plan 51M-1195, Lots 1-9, Township of Oro-Medonte, County of Simcoe, PIN 58547-0168 (LT), Roll # 4346-010-004-22701 . 252 c) 2021-074: A By-Law to Amend By-Law No. 2018-044, "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). 253 - 254 d) 2021-075: A By-law to repeal By-law 2017-162 and Appoint an Interim Integrity Commissioner for the Township of Oro-Medonte (to be distributed). 18. Closed Session Items (Unfinished Items): 19. Confirmation By-Law: 255 a) 2021-076: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, June 23, 2021 . 20. Adjournment: a) Motion to Adjourn. Page 5 of 255 1 .a) Moment of Reflection Reading. Township of Oro-Medonte June 23, 2021 Council Meeting Moment of Reflection Thank you Your Worship, Since our last Council meeting there have been extremely troubling incidents that I would like my colleagues to give thought and prayer to during our moment of reflection. The 215 indigenous children, graves that were discovered in a British Columbia Residential School. And the 5 Muslim family members in London Ontario that were targeted due to hate, with 4 of them losing their lives. Incidents created through hate, racial intolerance and prejudice — we as Canadians are better than this. Zhawenim, Assalamu Alaikum, God bless Page 6 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . The Township of Oro-Medonte �}TownShipof Council Meeting Minutes lye` a_ fMe Electronic Meeting Proud Heritage,Exciting Future Wednesday, June 9, 2021 9:01 a.m. 2018-2022 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa (left at 2.38 p.m.) Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Robin Dunn, Chief Administrative Officer; Andria Leigh, Director, Present: Development Services; Donna Hewitt, Director, Corporate Services; Shannon Johnson, Chief Financial Officer/Treasurer; Shawn Binns, Director, Operations and Community Services; Hugh Murray, Director, Fire & Emergency Services/Fire Chief; Tamara Obee, Manager, Human Resources, Health & Safety; Michelle Jakobi, Acting Director, Environmental Services; Karla Musso-Garcia, Manager, Operations; Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Jennifer Whitley, Coordinator, Economic Development/Communications-, Jenny Legget, Public Relations Officer/Communications; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Patrick Howse, Information Technology Technician (IT) All Council and staff participated via ZOOM platform 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair and called the meeting to order at the above noted time followed by a moment of reflection. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. Page 1 of 17 Page 7 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. Councillor Scott presented the following moment of reflection "Thank you Your Worship , 'Aff Since our last Council meeting there have been extremely troubling incidents that I would like my colleagues to give thought and prayer to during our moment of reflection. The 215 indigenous children's graves that were discovered in a British Columbia Residential School. 1% X A#_ And the 5 Muslim family members in London Ontario that were targeted due to hate, with 4 of them losing their lives. Incidents created through hate, racial intolerance and prejudice —we as Canadians are better than this. Zhawenim, Assalamu Alaikum, God bless.' 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C210609-1 Moved by Veitch, Seconded by DeSousa Be it resolved that the agenda for the Council meeting of Wednesday, June 9, 2021 be received and adopted; That the comments received re: Item 12c), as outlined on the agenda, be received. Carried. Page 2 of 17 Page 8 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. 3. Disclosure of Pecuniary Interest: Councillor Keane declared a conflict of interest on Item 12c) Councillor Keane Correspondence re: Request for Consideration Re: By-law No. 2020-010 as this item directly involved her, and had financial implications associated. Councillor Keane exited her seat and did not participate in the discussion or vote on this item. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C210609-2 Moved by DeSousa, Seconded by Hough Be it resolved that we do now go in Closed Session at 9.04 a.m. to discuss • Solicitor-client privilege (West 1/2 Lot 11, Concession 8); • Acquisition/disposition of land (Edgar Community Hall); (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))). Carried. b) Motion to Rise and Report. Motion No. C210609-3 ' Moved by Hough, Seconded by Greenlaw ,,,? Be it resolved that we do now Rise at 10.05 a.m. at which time we shall Report on the Closed Session Item 4 1% 1% c) Robin Dunn, CAO re: Solicitor-client privilege (West 1/2 Lot 11 , Concession 8); and that Closed Session Items 4 d) Shawn Binns, Director, Operations and Community Services re: Acquisition/disposition of land (Edgar Community Hall); e) Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services re- Acquisition/disposition of land (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))) be brought forward to Item 18 Closed Session Items (Unfinished Items). Carried. Page 3 of 17 Page 9 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. c) Robin Dunn, CAO re: Solicitor-client privilege (West 1/2 Lot 11, Concession 8). The following staff were present: Robin Dunn, CAO; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services, Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Scott Stoll, Aird & Berlis LLP. Motion No. C210609-4 Moved by Scott, Seconded by Keane Be it resolved 1. That the confidential correspondence dated June 7, 2021 and presented by Robin Dunn, CAO and Scott Stoll, Aird & Berlis LLP re: Solicitor-client privilege (West 1/2 Lot 11, Concession 8) be received. 2. That staff and legal counsel proceed as directed by Council. Carried. 7. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Plan 1128 Lot 3, municipally known as 8790 Highway 12, 2021-ZBA-04 (Charlotte Rice). The following correspondence was received: Enbridge Gas Inc. dated May 17, 2021 ; Ministry of Transportation (MTO) dated May 17, 2021; Township of Oro-Medonte, Manager, Development Engineering dated May 17, 2021, Township of Oro-Medonte, Operations Division dated May 17, 2021. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Charlotte Rice, applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the meeting adjourned. Page 4 of 17 Page 10 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. b) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Part of East Half of Lot 16, Concession 8 as in R01086349, municipally known as 184 15/16 Side Road East, 2021-ZBA-05 (Fraser McConney) [Refer to Items 10a) and 17b)]. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 20, 2021; Enbridge Gas Inc. dated May 27, 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Celeste Phillips, agent on behalf of the applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. aw 1%"r There being no further comments or questions, the meeting adjourned. Wk 5. Minutes of Council and Committees' kW.N a) Minutes of Council meeting held on Wednesday, May 26, 2021. Motion No. C210609-5 Moved by Scott, Seconded by Hough Be it resolved that the draft minutes of the a) Council meeting held on Wednesday, May 26, 2021 be received and adopted as printed and circulated. Carried. Page 5 of 17 Page 11 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. 6. Recognition of Achievements: a) Correspondence dated May 12, 2021 from John Maheu, Executive Director, Association of Ontario Road Supervisors (AORS) re: Certified Road Supervisor Certification for: 1 . Paul Helden, Operations Coordinator, Transportation; and 2. Scott Thomson, Operations Technical Coordinator. Motion No. C210609-6 Moved by DeSousa, Seconded by Keane Be it resolved 1. That the correspondence dated May 12, 2021 from John Maheu, Executive Director, Association of Ontario Road Supervisors (AORS) re: Certified Road Supervisor Certification for: 1. Paul Helden, Operations Coordinator, Transportation; and 2. Scott Thomson, Operations Technical Coordinator Ak be received. 2. That Paul Helden and Scott Thomson be recognized, under the Mayor's signature, for receiving the Certified Road Supervisor Certification. Carried. 8. Deputations/Presentations: None. 9. Open Foru One (1) individual provided Open Forum comments with respect to Item 12c). Page 6 of 17 Page 12 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. 10.Reports of Municipal Officers for Action: a) DS2021-83, Andria Leigh, Director, Development Services re: Zoning By-law Amendment Application 2021-ZBA-05 by Michele & Fraser McConney, 184 15-16 Side Road East [Refer to 17b)]. Motion No. C210609-7 Moved by Hough, Seconded by Scott Be it resolved 1. That DS2021-83, Andria Leigh, Director, Development Services re: Zoning By-law Amendment Application 2021-ZBA-05 by Michele & Fraser McConney, 184 15-16 Side Road East, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-05 by Michelle & Fraser McConney, specifically to rezone a portion of the subject lands from the Rural Residential Two (RUR2) Zone to the Agricultural/Rural (A/RU) Zone for lands located at 184 15/16 Side Road East, Township of Oro-Medonte, be approved. 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. That the applicants be advised of Council's decision under the Director, Development Services' signature. ,qq%� Carried. .Admohk. x x b) DS2021-92, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Set Fines for By-law No. 2016-017. "Parkland By-law". Motion No. C210609-8 7 Moved by Scott, Seconded by Hough Be it resolved 1. That DS2021-092, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Set Fines for By-law No. 2016-017. "Parkland By- law" be received and adopted. 2. That the set fines as outlined in Attachment #1 to DS2021-092 related to the By-law No. 2016-017, Being a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Township of Oro-Medonte be approved. 3. And that the staff forward the required documentation to the Ministry of Attorney General for approval. Carried. Page 7 of 17 Page 13 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. c) CS2021-16, Jennifer Whitley, Coordinator, Economic Development/ Communications re: Tourism Strategy - Phased Approach - Next Steps. Motion No. C210609-9 Moved by Keane, Seconded by Scott Be it resolved 1 . That CS2021-16, Jennifer Whitley, Coordinator, Economic Development/ Communications re: Tourism Strategy - Phased Approach - Next Steps be received and adopted. 2. That the Coordinator, Economic Development & Communications initiate the next steps of a Tourism Strategy including an RFP process for a Tourism Product Gap Analysis. 3. That staff report back to Council with the preferred selection and next steps. Carried. d) F12021-12, Shannon Johnson, Chief Financial Officer/Treasurer re: Tile Drainage Debenture Package. Motion No. C210609-10 Moved by Greenlaw, Seconded by DeSousa Be it resolved 1. That F12021-12, Shannon Johnson, Chief Financial Officer/Treasurer re: Tile Drainage Debenture Package, be received and adopted. 2. That Township Council approve Rating By-law 2021-063, to receive a Tile Drain Debenture from the Province of Ontario in the total amount of $50,000 for (1) one municipal the drain loan disbursements of $50,000 each to the agricultural property owner of: Concession 9, PT W1/2 LT 8, Coldwater, Ontario, Municipality of Oro Medonte. 3. That the Mayor and Deputy Clerk be authorized to sign Rating By-law 2021-063. 4. That the Chief Financial Officer / Treasurer be authorized to sign Offer to Sell Debenture No. 2021-07 in the principal amount of $50,000 to the Minister of Finance as authorized by Borrowing By-law 94-121. Carried. Page 8 of 17 Page 14 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. e) Shawn Binns, Director, Operations and Community Services, memorandum correspondence dated June 9, 2021 re: Arena Condensing Tower Replacement. Motion No. C210609-11 Moved by Greenlaw, Seconded by DeSousa Be it resolved 1 . That the memorandum correspondence dated June 9, 2021 and presented by Shawn Binns, Director, Operations and Community Services re: Arena Condensing Tower Replacement be received and adopted. 2. That the quotation from Black and McDonald to complete the condenser replacement in the amount of $86,640 plus HST be approved. 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreement. 4. That the bidders be thanks and advised accordingly under the Director, Operations and Community Services' signature. Carried. 11.Reports of Municipal Officers for Information Only: a) Robin Dunn, CAO re: Update on COVID-19 Actions. Motion No. C210609-12 Moved by DeSousa, Seconded by Greenlaw Be it resolved that the verbal information presented by Robin Dunn, CAO re: Update on COVID-19 Actions be received. Carried. Motion No. C210609-13 X% Moved by DeSousa, Seconded by Greenlaw Be it resolved that further to Item 11 a) Robin Dunn, CAO re: Update on COVID-19 Actions: 1 . That Council endorse waiving the premium rate (greater than 75 m3) for water consumption for Q2 2021 . 2. And Further That staff review and report back on the matter prior to the end of Q3 2021. Unanimously Defeated. Page 9 of 17 Page 15 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. 12. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following members of Council provided updates: Mayor H.S. Hughes and Deputy Mayor Hough. b) Councillor Scott re: Oro-Medonte Chamber of Commerce, Farmer's Market Proposal. Motion No. C210609-14 Moved by Hough, Seconded by Veitch Aa& Be it resolved that the correspondence presented by Councillor Scott re: Oro-Medonte Chamber of Commerce, Farmer's Market Proposal be received. Carried. 14.Consent Agenda: a) Announcements of Interest to the Public: 1 . Township of Oro-Medonte, Permit Parking. b) Minutes of Barrie Public Library Board meeting held on Thursday, April 22, 2021 . Staff Recommendation: Receive for Information Only. c) Minutes of Nottawasaga Valley Conservation Authority meeting held on Friday, April 23, 2021. Staff Recommendation: Receive for Information Only. d) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, April 23, 2021 . Staff Recommendation: Receive for Information Only. e) Minutes of Orillia Public Library Board meeting held on Wednesday, May 26, 2021 . Staff Recommendation: Receive for Information Only. f) Correspondence dated May 25, 2021 from Municipality of Calvin re: Request for Support for Lottery Licensing to Assist Small Organizations. Staff Recommendation: Receive, Support, Advise under the Mayor's Signature. g) Correspondence dated May 26, 2021 from Perth County re: Request for Support, Domestic COVID-19 Vaccine Production and Capacity. Staff Recommendation: Receive, Support, Advise under Mayor's Signature. Page 10 of 17 Page 16 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. h) Correspondence dated May 31 , 2021 from Anita Dubreau, Chair, Board of Health; and Dr. Charles Gardner, Medical Officer of Health & CEO re: Letter of Appreciation. Staff Recommendation: Receive for Information Only. i) Correspondence dated June 2, 2021 from Rob Baldwin, CAO, Lake Simcoe Region Conservation Authority re: Nominate a Local Environment Champion Today, Deadline Friday, June 25, 2021. Staff Recommendation: Receive for Information Only. j) Correspondence dated June 3, 2021 from Ilona Mcllone, Chartwell Whispering Pines Retirement Residence, re: Request for Proclamation - World Elder Abuse Awareness Day, June 15, 2021 . Staff Recommendation: Receive, Support, Advise under the Mayor's Signature. Motion No. C210609-15 Moved by Keane, Seconded by Hough Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed:, a) Announcements of Interest to the Public: 1. Township of Oro-Medonte, Permit Parking`` b) Minutes of Barrie Public Library Board meeting held on Thursday, April 22, 2021 . Received for Information Only. c) Minutes of Nottawasaga Valley Conservation Authority meeting held on Friday, April 23, 2021. Received for Information Only. d) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, April 23, 2021. Received for Information Only. e) Minutes of Orillia Public Library Board meeting held on Wednesday, May 26, 2021. Received for Information Only. f) Correspondence dated May 25, 2021 from Municipality of Calvin re: Request for Support for Lottery Licensing to Assist Small Organizations. Received, Supported, Advised under the Mayor's Signature. g) Correspondence dated May 26, 2021 from Perth County re: Request for Support, Domestic COVID-19 Vaccine Production and Capacity. Received, Supported, Advised under Mayor's Signature. Page 11 of 17 Page 17 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. h) Correspondence dated May 31, 2021 from Anita Dubreau, Chair, Board of Health; and Dr. Charles Gardner, Medical Officer of Health & CEO re: Letter of Appreciation. Received for Information Only. i) Correspondence dated June 2, 2021 from Rob Baldwin, CAO, Lake Simcoe Region Conservation Authority re: Nominate a Local Environment Champion Today, Deadline Friday, June 25, 2021. Received for Information Only. j) Correspondence dated June 3, 2021 from Ilona Mcllone, Chartwell Whispering Pines Retirement Residence, re: Request for Proclamation - World Elder Abuse Awareness Day, June 15, 2021 . Received, Supported, Advised under the Mayor's Signature. Carried. 15.Communications/Petitions: None. 16.Notice of Motions: None. 17.By-Law a) 2021-063: Rating By-Law, Tile Drainage Act, R.S.O. 1990, c. T.8, s.8, The Corporation of the Township of Oro-Medonte, A by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act. b) 2021-066: A By-law to amend the zoning provisions which apply to lands at 184 15/16 Side Road East, Part East Half of Lot 16, Concession 8 (Oro), Township of Oro-Medonte 2021-ZBA-05 (McConney). c) 2021-069: A By-law to Amend By-law No. 2021-005, A By-law to provide for restricting of traffic and parking on highways under the jurisdiction of The Corporation of the Township of Oro-Medonte. d) 2021-071: A By-law to authorize a decrease in the speed limit on certain roads within the Township of Oro-Medonte and to Consolidate and to Repeal By-laws No. 2016-093, 2017-128, 2020-069. Page 12 of 17 Page 18 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. Motion No. C210609-16 Moved by Veitch, Seconded by Keane Be it resolved that a) 2021-063: Rating By-Law, Tile Drainage Act, R.S.O. 1990, c. T.8, s.8, The Corporation of the Township of Oro-Medonte, A by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act; b) 2021-066: A By-law to amend the zoning provisions which apply to lands at 184 15/16 Side Road East, Part East Half of Lot 16, Concession 8 (Oro), Township of Oro- Medonte 2021-ZBA-05 (McConney); c) 2021-069: A By-law to Amend By-law No. 2021-005, A By-law to provide for restricting of traffic and parking on highways under the jurisdiction of The Corporation of the Township of Oro-Medonte; X 1% d) 2021-071 : A By-law to authorize a decrease in the speed limit on certain roads within the Township of Oro-Medonte and to Consolidate and to Repeal By-laws No. 2016-093, 2017-128, 2020-069, as amended, as highlighted in green; be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Ma or. Carried. 13.Announceme None. Motion No. C210609-17 Moved by Greenlaw, Seconded by Veitch Be it resolved that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. Page 13 of 17 Page 19 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. 12.Reports of Members of Council: c) Councillor Keane Correspondence re: Request for Consideration Re: By-law No. 2020- 010. Councillor Keane declared a conflict of interest on Item 12c) Councillor Keane Correspondence re: Request for Consideration Re: By-law No. 2020-010 as this item directly involved her, and had financial implications associated. Councillor Keane exited her seat and did not participate in the discussion or vote on this item. Motion No. C210609-18 Moved by Scott, Seconded by DeSousa Be it resolved That the correspondence submitted by Councillor Keane re: Request for Consideration Re: By-law No. 2020-010 be received; That in accordance with By-law No. 2020-010, specifically sections 4.1 and 4.6 That Council support Councillor Keane's request for legal expenses up to the amount of $8,271 .60; INNIffilbb, That these legal expenses be funded from the potential surpluses from the Council remuneration accounts 2021 and 2022 (if necessary); That this motion be direction to staff for implementation. Carried. Recorded Vote Requested by Councillor Veitch Councillor Veitch Nay Councillor DeSousa Yea Councillor Greenlaw " Nay Deputy Mayor Hough Yea Councillor Scott Yea Mayor H.S. Hughes Yea 18.Closed Session Items (Unfinished Items): Motion No. C210609-19 Moved by Greenlaw, Seconded by Keane Be it resolved that we do now go in Closed Session at 2:01 p.m. to discuss • Acquisition/disposition of land (Edgar Community Hall); (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))) after a five (5) minute break. Carried. Page 14 of 17 Page 20 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. Councillor DeSousa left at 2.38 p.m. during Item 18. Motion No. C210609-20 Moved by Hough, Seconded by Veitch Be it resolved that we do now Rise at 2.40 p.m. and Report on the Closed Session Items 4 d) Shawn Binns, Director, Operations and Community Services re: Acquisition/disposition of land (Edgar Community Hall); e) Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services re- Acquisition/disposition of land (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))); Carried. d) Shawn Binns, Director, Operations and Community Services re: Acquisition/ disposition of land (Edgar Community Hall). %h6 lk The following staff were present: Robin Dunn, CAO; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk. Motion No. C210609-21 IL Moved by Keane, Seconded by Greenlaw Be it resolved 1 . That the confidential verbal information presented by Shawn Binns, Director, Operations and Community Services re: Acquisition/disposition of land (Edgar Community Hall) be received. 2. That staff be authorized to proceed with drafting a lease agreement for consideration by Council. IV Carried. Page 15 of 17 Page 21 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. e) Yvonne Aubichon, Clerk; Donna Hewitt, Director, Corporate Services re: Acquisition/ disposition of land (East of Line 7 South between Ridge Road & Lakeshore Road (PIN 58559-0077 (LT))). The following staff were present: Robin Dunn, CAO; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk. Motion No. C210609-22 Moved by Scott, Seconded by Keane '40 Be it resolved that Confidential Report No. CS2021-17, Yvonne Aubichon, Clerk and presented by Donna Hewitt, Director, Corporate Services re: Acquisition/Disposition of Land (the unopened road allowance located East of Line 7 South between Ridge Road and Lakeshore Road (PIN 58559-0077 (LT)) be deferred to the next Council meeting to enable further consultation. N N Carried. 19.Confirmation By-Law: to,,, it a) 2021-072: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, June 9, 2021_ Motion No. C210609-23 Moved by Hough, Seconded by Scott' Be it resolved that By-Law No. 2021-072: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, June 9, 2021 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. Page 16 of 17 Page 22 of 255 5.a) Minutes of Council meeting held on Wednesday, June 9, 2021 . Council Meeting Minutes — Wednesday, June 9, 2021. 20.Adjournment: a) Motion to Adjourn. Motion No. C210609-24 Moved by Scott, Seconded by Greenlaw Be it resolved that we do now adjourn at 2.42 p.m. Carried. Mayor, H.S. Hughes Deputy Clerk, Janette eeter Page 17 of 17 Page 23 of 255 5.b) Minutes of Special Council meeting held on Friday, June 11 , 2021 . The Township of Oro-Medonte Special Council Meeting Minutes Township o_f Electronic Meeting Proud Heritage,Exciting Future Friday, June 11, 2021 8:34 a.m. 2018-2022 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Ak Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Robin Dunn, Chief Administrative Officer; Andria Leigh, Director, Present: Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Shannon Johnson, Chief Financial Officer/Treasurer; Hugh Murray, Director, Fire & Emergency Services/Fire Chief; Tamara Obee, Manager, Human Resources, Health & Safety; Michelle Jakobi, Acting Director, Environmental Services; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Vanessa Cooper, Executive Assistant, Mayor & Council and CAO; Jason Scharapenko, Information Technology Technician (IT) John Naas; and Graham Pressey, Blackline Consulting 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair at the above noted time and called the meeting to order. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties Page 1 of 4 Page 24 of 255 5.b) Minutes of Special Council meeting held on Friday, June 11 , 2021 . Special Council Meeting Minutes — Friday, June 11, 2021. First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. SC210611-1 Moved by Keane, Seconded by Scott Be it resolved that the agenda for the Special Council meeting of Friday, June 11, 2021 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. SC210611-2 Moved by Hough, Seconded by Veitch Be it resolved that we do now go in Closed Session at 8.35 a.m. to discuss • Solicitor-client privilege; Litigation affecting the municipality (Commercial Accommodations). Carried. b) Motion to Rise and Report. Motion No. SC210611-3 Moved by Scott, Seconded by Greenlaw Be it resolved that we do now Rise at 9.08 a.m. and Report on the Closed Session Item 4c) Andria Leigh, Director, Development Services re: Solicitor-client privilege; Litigation affecting the municipality (Commercial Accommodations). Carried. Page 2 of 4 Page 25 of 255 5.b) Minutes of Special Council meeting held on Friday, June 11 , 2021 . Special Council Meeting Minutes — Friday, June 11, 2021. c) Andria Leigh, Director, Development Services re: Solicitor-client privilege; Litigation affecting the municipality (Commercial Accommodations). The following staff were present: Robin Dunn, CAO; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT); Laura Dean, Aird & Berlis LLP. Motion No. SC210611-4 Moved by DeSousa, Seconded by Greenlaw Be it resolved 1. That the confidential verbal information presented by Andria Leigh, Director, Development Services and Laura Dean, Aird & Berlis LLP re: Solicitor-client privilege; Litigation affecting the municipality (Commercial Accommodations) be received. 2. That staff and legal counsel proceed as directed by Council. Carried. Recorded Vote Requested by Councillor Scott Councillor Scott Yea Councillor Veitch Yea Councillor DeSousa Yea Councillor Greenlaw Yea Deputy Mayor Hough Yea Councillor Keane Yea Mayor H.S. Hughes Yea 5. Deputations/Presentations: a) Presentation, John Naas, Blackline Consulting re: Township of Oro-Medonte Corporate Strategic Plan. Motion No. SC210611-5 Moved by Veitch, Seconded by Hough Be it resolved that the PowerPoint presentation dated June, 2021 and provided by John Naas, Blackline Consulting re: Township of Oro-Medonte Corporate Strategic Plan be received and adopted. Carried. Page 3 of 4 Page 26 of 255 5.b) Minutes of Special Council meeting held on Friday, June 11 , 2021 . Special Council Meeting Minutes — Friday, June 11, 2021. 6. Open Forum: None. 7. Confirmation By-Law: a) By-Law No. 2021-073: Being a by-law to confirm the proceedings of the Special Council meeting held on Friday, June 11, 2021. Motion No. SC210611-6 Moved by DeSousa, Seconded by Keane Be it resolved that By-Law No. 2021-073: Being a by-law to confirm the proceedings of the Special Council meeting held on Friday, June 11, 2021 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. 8. Adjournment: a) Motion to Adjourn. Motion No. SC210611-7 Moved by Greenlaw, Seconded by DeSousa Be it resolved that we do now adjourn at 10.08 a.m. Carried. Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 4 of 4 Page 27 of 255 5.c) Minutes of Heritage Committee meeting held on Monday, June 21 , 2021 ... The Township of Oro-Medonte T Heritage Committee Meeting Minutes Township of to Electronic Meeting Proud Heritage,Exciting Future Monday, June 21, 2021 5:04 p.m. Present: Mayor H.S. Hughes Councillor Cathy Keane, Chair Councillor Tammy DeSousa Stephen Davids Ruth Fountain Dorothy Moore Kayla Thibeault Bob Tudhope Jess Woodrow Staff Present: Andria Leigh, Director, Development Services; Catherine McLean, Intermediate Planner; Shawn Binns, Director, Operations and Community Services; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk Amwr,- -Iqqw %k jj%hhh",% All Committee members and staff participated via ZOOM platform. 1. Agenda Approval: a) Motion to Approve the Agenda. Motion No. HC210621-1 1% ',�* Moved by Moore, Seconded by Davids It is recommended that the agenda for the Heritage Committee meeting held on Monday, June 21 , 2021 be received and approved. Carried. 2. Disclosure of Pecuniary Interest: None declared. Page 1 of 4 Page 28 of 255 5.c) Minutes of Heritage Committee meeting held on Monday, June 21 , 2021 ... Heritage Committee Minutes — Monday, June 21, 2021. 3. Approval of Minutes of Previous Meeting: a) Minutes of Heritage Committee meeting held on Monday, April 19, 2021 . Motion No. HC210621-2 Moved by Fountain, Seconded by Thibeault It is recommended that the draft minutes of Heritage Committee meeting held on Monday, April 19, 2021 be received and approved as printed and circulated. Carried. 4. Communications: a) Community Heritage Ontario, CHOnews, Quarterly Publication, Spring 2021 . Motion No. HC210621-3 Moved by Woodrow, Seconded by Moore. 6hxh.� It is recommended that the Community Heritage Ontario, CHOnews, Quarterly Publication, Spring 2021 be received. N' '% Y""* Carried. 5. Reports of Members of Council/Municipal Officers: a) Shawn Binns, Director, Operations and Community Services; and Roz Llewellyn, Coordinator, Community Recreation re: Oro African Church and Governance. Motion No. HC210621-4 il Moved by Tudhope, Seconded by Woodrow It is recommended that the verbal information presented by Shawn Binns, Director, Operations and Community Services re: Oro African Church and Governance be received. Carried. Page 2 of 4 Page 29 of 255 5.c) Minutes of Heritage Committee meeting held on Monday, June 21 , 2021 ... Heritage Committee Minutes — Monday, June 21, 2021. b) Correspondence dated June 14, 2021 from Committee Member Kayla Thibeault re: Cultural Heritage Resource Evaluation Form, Request for Designation of Oro-Medonte RailTrail. Motion No. HC210621-5 Moved by Davids, Seconded by Tudhope It is recommended 1. That the correspondence dated June 14, 2021 from Committee Member Kayla Thibeault re: Cultural Heritage Resource Evaluation Form, Request for Listing and Designation of Oro-Medonte RailTrail be received. 2. That it is recommended to Council • That the Oro-Medonte RailTrail be listed and added to the Municipal Register of Municipal significant and/or cultural heritage properties; • That staff proceed with obtaining a cultural heritage assessment for the Oro- Medonte RailTrail. 3. That the matter be returned to the Heritage Committee for their consideration. Carried. c) Committee Member Dorothy Moore re: Valley View Cemetery, Consideration for Recognition of a Stone/Plaque. Motion No. HC21062- Moved by Tudhope, Seconded by Fountain It is recommended 1. That the correspondence dated May 6, 2021 and information presented by Committee Member Dorothy Moore and Catherine McLean, Intermediate Planner re: Valley View Cemetery, Consideration for Recognition of a Stone/Plaque be received. 2. That-staff investigate, including additional information on the Township website, regarding the Valley View Cemetery to recognize and provide detailed background/history and costing for a plaque/sign to be located 1888 Line 13 North location in the area. 3. That the matter, including costing for the plaque, be returned to the Heritage Committee for further consideration. Carried. Page 3 of 4 Page 30 of 255 5.c) Minutes of Heritage Committee meeting held on Monday, June 21 , 2021 ... Heritage Committee Minutes — Monday, June 21, 2021. d) Correspondence dated April 16, 2021 from Committee Member Stephen Davids re: Request for Support to be a Township Heritage Committee Representative on the Orillia Museum of Art and History (OMAH) Board; and Simcoe County Historical Association (SCHA). Motion No. HC210621-7 Moved by Thibeault, Seconded by Woodrow It is recommended that the correspondence dated April 16, 2021 from Committee Member Stephen Davids re: Request for Support to be a Township Heritage Committee Representative on the Orillia Museum of Art and History (OMAH) Board; and Simcoe County Historical Association (SCHA) be received. Carried. Aft e) Catherine McLean, Intermediate Planner re: Ontario Heritage Act - Recent Amendments, June, 2021 from the Ministry of Heritage, Sport, Tourism and Culture Industries. Motion No. HC210621-8 Moved by Fountain, Seconded by Davids , VIL It is recommended that the presentation dated June, 2021 and provided by Catherine McLean, Intermediate Planner re: Ontario Heritage Act - Recent Amendments from the Ministry of Heritage, Sport, Tourism and Culture Industries be received. Carried. 6. Next Meeting Date: Monday, September 20, 2021 (T ). %0 7. Adjournment: 16, a) Motion to Adjourn. Motion No. HC210621-9" Moved by Moore, Seconded by Thibeault It is recommended that we do now adjourn at 7:27 p.m. Carried. Councillor Keane, Chair Janette Teeter, Deputy Clerk Page 4 of 4 Page 31 of 255 ritage Committee meeting held on Monday, June 21 , 2021 ... Appendix B Township ot�/� Proud Heritage,Exciting Future Township of Oro-Medonte Cultural Heritage Resource Evaluation Form Address: Oro-Medonte Rail Trail Period: 1600's, 1800's,current Recorder Name: Kayla Thibeault, Member of Oro-Medonte Heritage Committee Description: See attached form. Photographs: Front Facade ❑ Left Facade ❑ Right Facade ❑ Rear Facade ❑ Details ❑ Setting ❑ Date: June 14, 2021 Design of Physical Value Style Is this a notable, rare or unique N/A Unknown 0 No Yes example of a particular architectural style or type? Construction Is this a notable, rare, unique N/A Unknown No Yes or early example of a particular material or method of construction? Design Is this a particularly attractive or N/A Unknown No Yes unique structure because of the merits of its design, composition, craftsmanship or details? Does this structure N/A Unknown No Yes demonstrate a high degree of technical or scientific achievement? Notes: See attached. Contextual Value Continuity Does this structure contribute N/A Unknown No Yes to the continuity or character of the street, neighbourhood or area? 1 Page 32 of 255 5.c) Minutes of Heritage Committee meeting held on Monday, June 21 , 2021 ... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Contextual Value (Continued) Setting Is the setting or orientation of N/A Unknown No Yes the structure or landscaping noteworthy? Does it provide a physical, N/A Unknown No Yes historical, functional or visual link to its surroundings? Landmark Is this a particularly important N/A Unknown No Yes visual landmark within the: a County; a Township; or, s neighbourhood? Completeness Does this structure have N/A Unknown No Yes other original outbuildings, notable landscaping or external features that complete the site? Notes: See attached. Integrity Site Does the structure occupy its N/A Unknown No Yes original site? Note: if relocated, i.e. relocated on its original site, moved from another site, etc. Alterations Does this building retain most N/A Unknown No Yes of its original materials and design features? Is this a notable structure due N/A Unknown No Yes to sympathetic alterations that have taken place over time? 2 Page 33 of 255 5.c) Minutes of Heritage Committee meeting held on Monday, June 21 , 2021 ... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Integrity (Continued) Condition Is this building in good N/A Unknown No Yes condition? Notes: See attached. Historical or Associative Value & Significance Does this property or structure have strong N/A F Unknown ❑ No ❑ Yes o associations with and/or contribute to the understanding of a belief, person, activity, organization or institution that is significant or unique within the City? Is the original, previous or existing use N/A Unknown No ❑ Yes o significant? Does this property meet the definition of a Unknown No Yes significant built heritage resource or cultural heritage landscape, as identified in the Provincial Policy Statement under the Ontario Planning Act? A property or structure valued for the important contribution it makes to our understanding of the history of a place, an event, or a person. Names of the Original Owners: Indigenous cultures, CN rail, Township Notes: See attached. 3 Page 34 of 255 5.c) Minutes of Heritage Committee meeting held on Monday, June 21 , 2021 ... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Further Action/Follow Up a Add to Heritage Register a High Priority for Designation ❑ Heritage District Potential ❑ Additional Research Required ❑ Additional Photographs Required Setting ❑ All Facades ❑ Details ❑ ❑ Request Permission to Access Property Other: General Comments See attached. Date of Property Owner Notification. n/a Property Owner Name and Address. n/a ■ Additional Information Attached Recommendation Heritage Committee Recommendation Council Decision r✓ Add to Heritage Register Add to Heritage Register No Action — Keep on File No Action — Keep on File Date: Date: Notice of Collection: Information on this form is collected for the purposes authorized under the Municipal Act 2001 , s. 8; in addition to heritage preservation, information will be used to enhance municipal services being delivered to applicants or as the applicant my require. All information is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M56. Questions about this notice of collection should be directed to the Clerk's office at 705-487-2171 Revised June 2019 4 Page 35 of 255 5.c) Minutes of Heritage Committee meeting held on Monday, June 21 , 2021 ... Consideration for Heritage Listing and Designation Property: The Oro-Medonte Rail Trail General Historical Information: The development of steam-powered railways in the 19th century revolutionized transportation in Canada and was integral to the very act of nation building. Railways played an integral role in the process of industrialization, opening up new markets and tying regions together, while at the same time creating a demand for resources and technology. This history states the importance of trains for the development of the early communities that make up the Township of Oro-Medonte through the uses of the now called Oro-Medonte Rail Trail. Pre-colonialization from European settlers, the area was populated by Indigenous people, mainly the peaceful Hurons. French explorers, missionaries and fur traders travelled the region beginning in the 1600s. European settlers began arriving in the 1820s and continued to travel and settled based on the location of the rail line. The last CN train passed through in September 1996. The abandoned rail line was turned into a rail trail which today provides users with the opportunity to explore beautiful Oro-Medonte along the original heritage routes. The trail is approximately 28 km long and goes to the outskirts of Orillia. It is used daily by locals and visitors for active transportation between urbans centres, recreation and enjoyment. It is a gathering location for the communities of Oro-Medonte and a serves as daily living reminder of the routes of our ancestors followed while developing our communities and heritage. Page 36 of 255 LE Township of Proud Heritage, Exciting Future The Corporation of The Township of Oro-Medonte Conveys sincere appreciation and congratulations to Nari Hwang for your inspiring and creative ingenuity in promoting clean water eco-systems Signed on behalf of The Corporation of The Township of Oro-Medonte Dated at the Township of Oro-Medonte this 23rd day of June, 2021 Mayor H.S. Hughes V W-1a gsiv I-S-.4 -"j Township of Proud Heritage, Exciting Future The Corporation of The Township of Oro-Medonte Conveys sincere appreciation and congratulations to Taylor Liedtke for being an active member in the community by demonstrating leadership and innovation Signed on behalf of The Corporation of The Township of Oro-Medonte Dated at the Township of Oro-Medonte this 23rd day of June, 2021 Mayor H.S. Hughes ,Ws- �� Township of Proud Heritage, Exciting Future The Corporation of The Township of Oro-Medonte Conveys sincere congratulations and good wishes to John Crawford 2021 Citizen of the Year Signed on behalf of The Corporation of The Township of Oro-Medonte Dated at the Township of Oro-Medonte this 23rd day of June, 2021 Mayor H.S. Hughes 6.d) Sheila Craig re- 2021 Ontario Senior of the Year Award Recipient. W o W u \ — 0 (k4 Z vj C C O fL1 u �+ Z `r) 4) �p Q N in a) a. On .v W `~ u v rZ u Q � v o 0 0 0 O i cz U L.+ C L .ti.i E4 N i r0 O W 4-J N QJ O > C W Q- � W p L C u O \� _ ` >' a..j C C C QJ • O �- _ 'C Q L- n N o — o°n v� U ( C f� 0 3 N Q O L O v C C W oV 4-J � OC Z O+ O O N Q z � +-J u a w o on u a •� x � v O O N LLJT O 0 Q s i � >. o 4 a E � u 0 c v � O O L o >, u o E .� N v- a� 'C >, > u Q O L v u W � N J O -0 0 0 a� v O +=+ aJ C L c u o a on C = N C N N _ L C N C 41 LA L C O C _ C O u Z c W w rt `c C U Page 40 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-096 Development Services Andria Leigh, Director, Committee Development Services Meeting Date: Subject: Motion # June 23, 2021 Minor Variance Application 2020-A-23 (revised) Roll #: Mitchell & Alexandra Casey R.M.S. File #: 4346-020-004-054-10 1751 Mount St. Louis Road D13-59338 East Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-096 be received and adopted. 2. That Minor Variance Application 2021-A-23 (Revised) by Mitchell and Alexandra Casey, specifically to permit a minimum interior side yard setback of 0.37 metres (1 .22 feet South East Corner) and 0.44 metres (1.43 feet North East Corner) and a reduced common wall of 33% to the attached garage that is replacing the existing detached garage/sunroom, on lands municipally known as 1751 Mount St. Louis Road East, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-096. 3. The conditions are as follows: a) That notwithstanding the definitions of "Attached" and "Garage, Attached", and Table B4-B Standards for Single Detached Dwellings (A/RU Zone) of Zoning By-law 97-95, as amended, the proposed attached garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition(garage) is located no closer than 0.37 Metres (1 .22 feet) (South East Corner) and 0.44 metres (1.43 feet)(North East corner) from the interior side lot line; d) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority Permit, Engineered Lot Grading Plan (if required), and Building Permit be obtained from the Township only after the Committee's decision Development Services June 23, 2021 Report No. DS2021-096 Page 1 of 12 Page 41 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property is located on the south side of Mount St. Louis Road East having a lot area of 0.28 hectares (1 .03 acres) and currently supports a single detached dwelling and detached garage/sunroom (refer to Schedules 1 and 2). Surrounding land uses consist of similar sized residential lots. The applicant is proposing to replace the existing detached accessory building (garage/sunroom) with an expanded garage that is proposed to be attached to the dwelling by a mudroom and is requesting to maintain the existing interior side yard setback. This application was the subject of a hearing and decision at the May 5, 2021 Development Services Committee meeting for the reduction in the minimum interior side yard setback. However at that time relief was not obtained from the definition of attached to reduce the common wall requirement from 40% to 33% for the proposed attached garage. There has been no change to the drawings considered at the May 5, 2021 meeting. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 6.0 — Definitions Attached [By-law 2015-112 / Garage, Attached B -law 2015-192 Required. Proposed: 40% common wall 33% with attached garage Table B4-B Standards for Single Detached Dwellings (A/RU Zone) - Minimum Required Interior Side Yard Required: Proposed: 4.5 metres (14.7 feet) 0.37 metres (1 .22 feet South East Corner) and 0.44 metres (1.43 feet North East Corner) The applicant's site plan drawing and elevation plans are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Development Services June 23, 2021 Report No. DS2021-096 Page 2 of 12 Page 42 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... Rural Areas, Section 1.1.5 — Rural Lands, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to the proximity of the woodlands/wetlands feature located south of the residential lots on Mount St. Louis Road. Section 2.1 Natural Heritage, aims to protect natural features for the long term. Planning staff are confident that the proposed attached garage will not affect the natural heritage features as the location is within the established disturbed area on the lot generally in the location of the existing detached garage/sunroom. Section 2.2 —Water aims to "protect, improve or restore the quality and quantity of water". Given that the proposed development is a replacement of the existing detached garage/sunroom with an attached garage/mudroom, Planning staff are confident that as a result of the lands being regulated by the NVCA and the required permit/clearance from the NVCA, all necessary precautions to protect the environment will be achieved. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed attached garage on the existing residential dwelling is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already an established residential area. Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This policy is relevant due to the proximity to an unevaluated wetland and watercourse. Section 4.2.4, Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is applicable to this application. Specifically Section 4.2.3.1 states: "Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: ... Development Services June 23, 2021 Report No. DS2021-096 Page 3 of 12 Page 43 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure" (p.42-43). In Planning Staff's opinion, the proposed development meets the general intent of these policies as the property contains an existing dwelling, the natural heritage feature is not located within the property, and the applicant is proposing to build an attached garage that is intended to replace the existing detached garage/sunroom generally in the same location and wholly within a disturbed area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. County of Simcoe Official Plan The property is designated Greenlands in the County of Simcoe's Official Plan. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Section 3.8.16 speaks to legally existing uses are recognized and permitted to continue in the Greenlands designations. The residential use of the property is an existing use. The proposed development (attached garage) is an expansion to this existing use which is permitted. In Planning Staff's opinion, the application conforms to the general intent and purpose of the County's Official Plan by keeping with the rural character of the area and permitting the attached garage addition onto the residential development that is permitted through the policies. At the time of writing of this report, County comments have yet to be received by Township staff. Council members should have regard to any County comments that the Township may receive with respect to the applicant's proposal. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance Development Services June 23, 2021 Report No. DS2021-096 Page 4 of 12 Page 44 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Rural designation include single detached dwellings, and by extension would include the attached garage being proposed through this application. The proposed construction will be in keeping with the existing rural character of the neighbourhood, which includes larger scattered rural residential properties, which include attached or detached garage structures consistent with the existing detached garage/sunroom and the proposed attached garage addition. Therefore, based on the above, the requested variances pertaining to this application are considered to maintain the general intent and purpose of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and accessory uses are permitted in the A/RU Zone and the proposed addition to the dwelling would therefore be a permitted use. The applicant is seeking relief from the Zoning By-law to permit the construction of an attached garage to replace the existing detached garage while maintaining the existing interior side yard setback and is seeking relief from the Zoning By-law to allow for the existing dwelling to have a reduced common wall with the garage on the subject property. The primary purpose of interior side yard setbacks is to provide spatial separation between residential properties, as well as to provide space for access, maintenance and drainage around buildings and structures. In Planning Staff's opinion, it is acknowledged that maintaining the existing 0.37 metres (1.22 feet South East Corner) and 0.44 metres (1.43 feet North East Corner) setbacks to the side lot line for the proposed attached garage will only provide limited access around the eastern side of the dwelling; however there continues to be over 8.5 metres (36 feet) along the western side lot line that provides more than adequate access to the rear of the property should this be required. In regards to maintenance and drainage as stated in this report, the existing detached garage that has been located at this setback for over 40 years with drainage and maintenance matters being appropriately addressed. Additionally, as noted by the Manager, Development Engineering, an Engineered Lot Grading Plan may be required during the building permit stage should the grade of the property be significantly altered from the existing conditions. The general intent of the Zoning By-law in requiring an attached garage/structure to share 40.0% of the common wall with the dwelling is to ensure that structures that are intended to function as a single unit are connected in a substantial manner by being connected visually and structurally. This avoids any situation of potentially having two Development Services June 23, 2021 Report No. DS2021-096 Page 5 of 12 Page 45 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... otherwise separate structures connected in a minimal and potentially architecturally unattractive manner. Based on the drawings submitted by the applicant, the attached garage, in its appearance and function is considered to be part of the single detached dwelling. For the above reasons, Planning Staff is satisfied that the application maintains the purpose and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed attached garage to stand-out, look out of place or detract from the character of this established residential neighbourhood. Upon site visit, staff noted that many of the residential properties along Mount St Louis Road contain either attached or detached garages, similar to the subject lands. The proposed variance will provide for the replacement of the existing detached garage with a garage that will be attached to the existing dwelling, while maintain the existing interior side yard setback. The attached garage will continue to be setback over 20 metres (66 feet) from the front lot line and maintain the existing line of the dwelling. The proposed attached garage will not interfere with functional matters such as parking and the septic system and will continue to be buffered from neighbouring properties by the existing mature vegetation located on the property line. Based on the above, Planning Staff are satisfied that the proposed development would be desirable for the appropriate development of the lot. Is the variance minor? As the proposed variance would permit an attached garage as a replacement of the existing detached garage/sunroom while maintaining the existing reduced interior side yard setback and is consistent with other neighbouring properties in the surrounding area the variance request is considered to be minor. The application is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, and therefore the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Lands Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2019 Development Services June 23, 2021 Report No. DS2021-096 Page 6 of 12 Page 46 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and is consistent with the Strategic Plan. Consultations: Notice of this revised application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objections. It should be noted: (i) If the reconstruction occurs on the same footprint and there are no changes to the drainage pattern, an ELG shall not be required. (ii) If said reconstruction results in grading or drainage changes an ELG shall be required. The ELG determination shall be made at time of Zoning Certificate Application and prior to a Building Permit Application. • Township Infrastructure and Capital Projects — No objections to this application. • Township Building - Applicant to be aware of construction of exposed building face, unprotected openings and limiting distances • NVCA - The NVCA therefore advises of no concerns with the approval of this application, subject to the condition of approval being that the applicant obtains NVCA permission for the proposed works. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Development Services June 23, 2021 Report No. DS2021-096 Page 7 of 12 Page 47 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... Schedule 4: Applicant's Elevation (Front) Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-23 be approved, specifically to permit a setback of minimum interior side yard setback of 0.37 metres (1.22 feet South East Corner) and 0.44 metres (1 .43 feet North East Corner) and a reduced common wall of 33% to the attached garage that is replacing the existing detached garage/sunroom, on lands municipally known as 1751 Mount St. Louis Road East, Township of Oro-Medonte on the basis that the application is consistent with and conforms to Provincial policies, the County of Simcoe Official Plan, the Township of Oro-Medonte Official Plan, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Andria Leigh, RPP Director, Development Services Approvals: Date: Robin Dunn, CAO June 17, 2021 Development Services June 23, 2021 Report No. DS2021-096 Page 8 of 12 Page 48 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... r�f�Il�'�II ITI YI•Rd7 _Mdo-ns[o -RR T 9 I1� vaI R. e ;e I yl } 7 01. W �Rld'r P" ? s 1629 1641 1545 16F7 1697 1700 1706 1709 1713 -f, 1718 1744 1725 tP 1728 C�4 1733 fy 4 4567 1761 1767 1800 1812 1781 1789 1830 1799 19,97 4491 Schedule 1 Location TawNShip of Subject Lands Prored Heritage,Exahre,Q Fufurr 0 100 M File Number.2021-A-23 N 1 1 1 1 I Development Services June 23, 2021 Report No. DS2021-096 Page 9 of 12 Page 49 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... vase I RtlL� fA...Z l•Rd. Norsesbi .lIe Rd. R[tl 9—ie-Rd.� r.l — �9itlge rk°lad V •� Vf •�0 v F Schedule 2 Aerial Photo �`� 'Io:amshi- of Subject Lands Proud Heritage,Exciting Future o zs m File Number;2021-A-23 ti I i 1 Development Services June 23, 2021 Report No. DS2021-096 Page 10 of 12 Page 50 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... Schedule 3 -Applicant's Site Plan Existing: � T e ` - S � t CojaWATER I2QAD +� I rav 9so38-t�aA2 7 "' iL "c S' _�ea�+a oam«-oor arrss'��=oaaa' ��"'��•Ua�r 1. +caav T`� I 1 »� �i a PART 9 PART B Aw rsaw-mm77 P rtr arseerr t Fv;acss. 1 PLAN' 3 R�_ vw�. Trs,s tiva11 4o be b.A.H-vsharc exis4\ 2n C} n - t 4YSia nL - Sh'1 Sc4 Setbwct_ Development Services June 23, 2021 Report No. DS2021-096 Page 11 of 12 Page 51 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... Schedule 4 -Applicant's Elevation Drawing: 1 t 1 t C 1 1 LI "y Gr,�nb� m.�caom Development Services June 23, 2021 Report No. DS2021-096 Page 12 of 12 Page 52 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... From: McCartney, Garry<gmccartney@oro-medonte.ca> Sent:June 9, 2021 11:48 AM To: Leigh, Andria <aleigh@oro-medonte.ca>; Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Hearing- Development Services Committee Meeting,June 23, 2021 (2021- A-23) Casey The Building Division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 53 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... June 23, 2021 Council meeting 7a) Additional correspondence received From: Emma Perry<eperry@nvca.on.ca> Sent:June 21, 2021 3:55 PM To: Planning<Planning@oro-medonte.ca>; Falconi, Teresa <tfalconi@oro-medonte.ca> Cc:Amy Knapp<aknapp@nvca.on.ca> Subject: Notice of Public Hearing- Development Services Committee Meeting,June 23, 2021 (2021-A- 23) Casey Good afternoon, NVCA staff have no concerns with the revised minor variance. NVCA comments previously issued (attached) remain valid. Sincerely, Emma Perry, H.B.Sc., GCER I Planning Ecologist Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.244 eperry@nvca.on.ca I nvca.on.ca Page 54 of 255 Ta) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... From: Emma Perry<eperry@nvca.on.ca> Sent: May 3, 2021 1:58 PM To: Planning<Planning@oro-medonte.ca> Cc: Falconi,Teresa <tfalconi@oro-medonte.ca>; Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca>; Planning Dept<Planning@nvca.on.ca> Subject: NVCA comments re 2021-A-23 1751 Mount St Louis Rd E NVCA File 47598 Good afternoon, NVCA staff have reviewed the above-noted application for minor variance to facilitate a garage expansion and sunroom at the above-noted address. The subject site is regulated by the NVCA for wetland interference 30>120m from a wetland feature. A permit from the NVCA is required for development occurring outside the existing footprint of the dwelling. Such works would be candidate for authorization. The NVCA therefore advises of no concerns with the approval of this application, subject to the condition of approval being that the applicant obtains NVCA permission for the proposed works. Thank you for the opportunity to provide comments on this application. A written copy of the notice of decision is hereby requested for the NVCA records. Sincerely, Emma Perry I Planner III Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.244 I F 705-424-2115 eperry@nvca.on.ca I nvca.on.ca Page 55 of 255 7.a) Public Hearing, DS2021-096, Andria Leigh, Director, Development Ser... 4101 w o z 001—\ 3 ° U) CU U Q N O N J a_ O fC) CL C Q ry N o Q U -j �. 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That Report DS2021-087 regarding a Zoning By-law Amendment applying to lands municipally known as 8790 Highway 12 North, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-04 by Charlotte Rice, specifically to rezone the subject lands from the "Residential One (R1) Zone" to the "Residential One Exception 329 (R1*329) Zone" on Schedule Al to Zoning By-law No. 97-95, as amended, to permit an accessory apartment dwelling unit with a ground floor area of 48.0 square metres (517.0 square feet) within a detached accessory building, be approved. 3. That the Clerk bring forward the appropriate By-law (By-law No. 2021-059) for Council's consideration. 4. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: Property Description The subject lands are located on the south side of Highway 12 North and have a lot area of 0.14 hectares (0.36 acres). The lands currently contain a single detached dwelling and several accessory buildings. The lands abut other residential properties (refer to Schedules 1 and 2). Development Proposal On May 14, 2021, the applicant submitted the subject Zoning By-law Amendment application to the Township to legalize an existing accessory apartment within a detached accessory Development Services June 23, 2021 Report No. DS2021-087 Page 1 of 13 Page 68 of 255 10.a) DS2021-087, Danielle Waters, Planner re: Zoning By-law Amendment A... building on the subject lands. The application was deemed complete and was subsequently circulated to relevant Township departments and external agencies for review and comment. A statutory Public Meeting was held on June 9, 2021 to receive comments from members of the Committee and the public with regards to the proposed development. No members of the public attended the Public Meeting and no concerns were raised by staff or members of the Committee. The purpose of this report is to consider the Zoning By-law Amendment application to: • rezone the subject lands from the "Residential One (R1) Zone" to the "Residential One Exception 329 (R1*329 Zone" to permit the legalization of an existing detached accessory building with an accessory apartment and, • to establish site-specific zoning provisions for the purposes of accommodating the accessory apartment unit in the detached accessory building. The accessory building is to have a ground floor area of 48.0 square metres (517.0 square feet). The accessory building is to include a one-bedroom apartment dwelling unit. There is also a storage unit accessible from outside for the main dwellings use with a size of 5.5 square metres (59 square feet). This report reviews the comments made by agencies and the public with respect to the application during the public consultation process and provides recommendations to Council with respect to the Zoning By-law Amendment application. Analysis: Planning Staff has reviewed the proposed Zoning By-law Amendment application in the context to relevant Provincial, County of Simcoe and Township of Oro-Medonte planning policies, as detailed below. Provincial Policy Statement 2020 (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1 .5 Rural Lands in Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1 .5.4 states, "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." Section 1.4 speaks to the need for a mix of housing options and densities required. Section 1 .6.3 and 1.6.6.4 speaks to water and sewer requirements. Existing infrastructure should be used when possible. Development Services June 23, 2021 Report No. DS2021-087 Page 2 of 13 Page 69 of 255 10.a) DS2021-087, Danielle Waters, Planner re: Zoning By-law Amendment A... Planning Staff is of the opinion that the proposed Zoning By-law Amendment Application is considered to be consistent with the Provincial Policy Statement, 2020, as the proposed zoning amendment would result in minor intensification, supported by local service levels and that would add to the housing stock and the variety of housing options available within the Township. A Place to Grow (2020) A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1.4 works to achieve complete communities that feature a mix of land uses. The proposed increase in density will be an incremental intensification of residential units for an area that is primarily low density residential. This will contribute to the diversification of the housing stock, allowing for a different residential option to owning a single-family dwelling and increased affordability in the area. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the existing structure conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is an existing residential lot and will be building upon the rural character of the area. Planning Staff is of the opinion that this application for a new detached accessory building conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long- term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the rural designation. Section 3.5.30 speaks to the policies in the Plan that a range of types of housing be provided within the County. This includes apartment units and a mix of affordable housing. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. While the County Official Plan requires local Official Plans to incorporate secondary unit policies, the Township's Official Plan currently only contains policies that directly support secondary suites in Craighurst. Notwithstanding this relative lack of direct reference to accessory apartments in other areas of the Township such as rural areas, the Township has been permitting accessory apartments in single detached dwellings since 1997 through the provisions contained in the Zoning By-law which is deemed to conform to the Official Plan. Future policies in the Township's Official Plan providing clear guidance regarding accessory apartments are anticipated when the Plan is updated and brought into conformity with the County Official Plan. In the mean-time, it is Planning Staff's opinion that the obvious policy Development Services June 23, 2021 Report No. DS2021-087 Page 3 of 13 Page 70 of 255 10.a) DS2021-087, Danielle Waters, Planner re: Zoning By-law Amendment A... support that is found in the County Official Plan for second units provides adequate policy basis in favour of the applicant's proposal, without the need to amend the County Official Plan or the Township's Official Plan because of this particular application. Furthermore, this application was circulated to the County, who have provided no comments, thus indicating that County Planning Staff have no objection to the application. Therefore it is Planning Staff's opinion that this proposed site-specific amendment to the Zoning By-law to permit the applicant's proposed accessory apartment maintains the general intent and conforms to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated Restricted Rural in the Township Official Plan. In terms of the Township's current regulatory context for second units, Section 5.4 of the Zoning By-law implements the Official Plan by permitting accessory apartment dwelling units on properties in the Residential One (R1) zone, and requires these units to be located in the principle dwelling. Since residential uses in the Restricted Rural designation are permitted and the Official Plan does not prohibit more than one dwelling unit on a property, Planning Staff is of the opinion that the applicant's proposed second unit can be considered without the need for an Official Plan Amendment, provided that the objectives set out in Section C6.1 are met. Having reviewed the materials submitted with the application and having attended the site, Planning Staff is satisfied the existing detached accessory building to contain a residential unit conforms to the objectives set out in Section C6.1 (the Restricted Rural designation) by preserving the rural character and keeping development within an existing lot. The residential use would be secondary to the principle single detached dwelling on the subject property Based on the above, Planning Staff finds this application to be in conformity with the policies contained in the Township's Official Plan, subject to the inclusion of zoning provisions that would limit the total number of dwelling units on the property and reduced size of the apartment unit. Proposed Zoning By-law Amendment The subject property is currently zoned "Residential One (R1)" in the Township's Zoning By- law 97-97, as amended and is proposed to be re-zoned to the "Residential One Exception 329 (R1*329) Zone" (refer to Schedule 5). Permitted uses in the R1 Zone include single detached dwellings and accessory buildings; an accessory residential dwelling unit in an accessory building is not permitted. The Township's Zoning By-law generally restricts the number of dwellings on a lot to a maximum of one dwelling. However, in the R1 Zone, apartment dwellings are permitted and a maximum of one accessory apartment dwelling unit is permitted in a single detached dwelling, subject to the provisions of Sections 5.4 and 5.19 of the Zoning By-law. The Zoning By-law's relevant regulations/restrictions for an accessory apartment, as well as for an accessory building are summarized and compared to the applicant's proposal in the table below: Development Services June 23, 2021 Report No. DS2021-087 Page 4 of 13 Page 71 of 255 10.a) DS2021-087, Danielle Waters, Planner re: Zoning By-law Amendment A... Complies Section with Zoning Required Proposed By-law (Yes/No) Section 5.1 .1 — No detached accessory To permit human habitation Uses Permitted in building shall be used in detached accessory Detached Accessory for human habitation building No Buildings Accessory apartment permitted in a single In a detached accessory detached dwelling in R1 , building in R1 Zone No RUR1 , RUR2 and A/RU Section 5.4 Zones Apartment Dwelling Minimum Floor Area of Units Accessory to a single detached dwelling Existing Yes Single Detached 110 sq.m 1,184 s .ft Dwelling Minimum Floor Area of 48.0 square metres (517.0 apartment dwelling unit square feet) No 50 sq.m (538 sq.ft) Maximum Floor Area of 48.0 square metres (517.0 apartment dwelling unit square feet) Yes 70 s .m 753.5 s .ft Maximum number of Section 5.8 — dwelling units on a lot: 1 1 main dwelling and 1 Dwelling Units main dwelling and 1 accessory apartment unit Yes accessory apartment unit where permitted Minimum number of parking spaces: Section 5.19 Single detached Single detached dwelling: Parking Standards dwelling: 2 >2 Yes Accessory apartment Accessory apartment unit: unit: 1 >1 The table above demonstrates that the applicant's proposal requires amendments to the Zoning By-law in order to permit: • the existing accessory apartment unit to be located in a detached accessory building, whereas it currently must be located within the dwelling and not in a detached accessory building; • a minimum gross floor area for the accessory dwelling unit to be 48.0 square metres (517.0 square feet) Considering the changes that have been made to the Planning Act to permit second units in dwellings and in accessory buildings, as well as considering the overall promotion of a range of housing types and affordability found in Provincial policies, the legislative and policy basis for establishing a second unit in an accessory building is well established. Therefore, the focus of Development Services June 23, 2021 Report No. DS2021-087 Page 5 of 13 Page 72 of 255 10.a) DS2021-087, Danielle Waters, Planner re: Zoning By-law Amendment A... Planning Staff's consideration of this application is whether the applicant's proposal is appropriate in this site-specific context and in advance of the Township having yet prepared its own Township-wide Official Plan policies and zoning standards to fully implement the changes to the Planning Act and Provincial policies. The existing detached accessory building does not look out of place in this rural location as it has been located on the property for decades. Therefore Planning Staff remains satisfied that the proposed development would not upset the rural character of the subject lands or the general area. As previously indicated, the Township is moving forward with updates to its Official Plan and Zoning By-law which will establish new policies and provisions for second units in compliance with the changes to the Planning Act. Planning Staff anticipates that establishing appropriate policies and standards for second units in the Township's more densely developed residential areas, where considerations such as capacity for sewage disposal, parking and traffic, density and compatibility with existing development will pose a greater challenge than accommodating second units than in the Township's rural areas where such considerations are generally more easily addressed. In conclusion, on the basis of the preceeding, Planning Staff recommends that the application be approved and that a Zoning By-law Amendment be passed in the form that is attached as Schedule 5 to this report. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Ontario Lands Tribunal and Council chooses to defend its decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services June 23, 2021 Report No. DS2021-087 Page 6 of 13 Page 73 of 255 10.a) DS2021-087, Danielle Waters, Planner re: Zoning By-law Amendment A... Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Building Division — no comments received • Development Engineering — no objection. • Operations Division — no concerns. • Enbridge — no objections • MTO — no objections Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Schedule 4: Existing Zoning Schedule 5: Draft Zoning By-law Amendment Conclusion: The Zoning By-law Amendment application proposes to rezone a portion of the subject lands from the "Residential One (R1) Zone" to the "Residential One Exception 329 (R1*329) Zone" to permit an accessory apartment dwelling unit with a ground floor area of 48.0 square metres (517.0 square feet) within a detached accessory building on the subject lands. The proposed Zoning By-law Amendment application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, the County Official Plan and the Township of Oro- Medonte Official Plan and is considered good planning. It is recommended that Zoning By-law Amendment Application 2021-ZBA-04 be approved and that By-law No. 2021-059 be passed by Council. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andria Leigh, Director, Development Services June 15, 2021 Robin Dunn, CAO June 18, 2021 Development Services June 23, 2021 Report No. DS2021-087 Page 7 of 13 Page 74 of 255 10.a) DS2021-087, Danielle Waters, Planner re- Zoning By-law Amendment A... Schedule 1: Location Map YaseM•Rd.T - �� Ho rsealio+NalleY'0.d. �,� III Old�•Ek-r.•Rd� JJ; yRid9e Roadu dd r, 155 8806 1 Z 8802 8796 8790 8786 8774 8780 5770 8760 8758 8754 8744 8442 8732 8740 8734 8732 38 8718 Schedule 1 Location Iburrshrp of ® Subject Lands OAA ltw` -" Proud Herh,age,Fxchii,g Future 0 100 M File Number:2021-ZBA-04 v I�i�l Development Services June 23, 2021 Report No. DS2021-087 Page 8 of 13 Page 75 of 255 10.a) DS2021-087, Danielle Waters, Planner re- Zoning By-law Amendment A... Schedule 2- Aerial �,IIr�I Hd. Mka Mn-Rd. Ha—M, yallMyXA C - Rid9 [hoed JUNO i NIP* .x Schedule 2 Aerial Photo % � 0 Subject Lands Proud Heritage,Exciting Future 0 15 m File Number:2021-ZBA-04 N 1 1 1 11 Development Services June 23, 2021 Report No. DS2021-087 Page 9 of 13 Page 76 of 255 10.a) DS2021-087, Danielle Waters, Planner re- Zoning By-law Amendment A... Schedule I Applicants Site Plan ITEp PLAN 23024 /2 {MTC FILE P - 2 q_5679 65 A- I67.33 C 167 -� 4 A- 6 86A-784� M J87 784 I (651I v w � u o r ^ C ¢ A Ll v m_z Y N Y N a� �4 a 2 Storey rf I A ✓l I J_ I� ,tic i Aluminum Siding r()Welling i J 5 Concrete E J BICCk - Garage 7- LU L f � 9! e LL o 0 i x ji5'+ �4 �� Board Fence (on IineY !w- 7 279.36 UeaslFz r At Schedule 3 Applicant's Site Plan ' Tortmshap File Number 2021-ZBA-04 Protad Heritage,Exeihae Ft ar" Development Services June 23, 2021 Report No. DS2021-087 Page 10 of 13 Page 77 of 255 10.a) DS2021-087, Danielle Waters, Planner re- Zoning By-law Amendment A... Schedule 4: Existing Zoning 7v 7`�T Glen Oak Ln. Mobil s tone-Rd. � Ridley Blvd. I ; Horse K Na11eY'RI. J; y id9e Roadu F/dna Or GC*102 �z R1 GC-106 R1 Schedule 4 � _WA��..� Existing Zoning U Rl(Residential One) �]SOU °-11 � n RLS(Residential Limited Service) VF 1 Subject Lands GC(General Commercial) Proud Heritage,Exciting Future n A/RU(Agricultural/Rural) 0 100 m File Number:2021-ZBA-04 N I 1 1 t 1 Development Services June 23, 2021 Report No. DS2021-087 Page 11 of 13 Page 78 of 255 10.a) DS2021-087, Danielle Waters, Planner re- Zoning By-law Amendment A... Schedule 5: Proposed By-Law Schedule The Corporation of the Township Of Oro-Medonte By-Law No.2021-059 A By-law to amend the zoning provisions which apply to lands at Plan 1128 Lot 3(Orillia) Township of Oro-Medonte 2021-ZBA-04(Rice) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 36 of the Planning Act,R.S.O.1990,c.P.13; And Whereas Council deems it appropriate to rezone the subject lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule'A19'to Zoning By-law 97-95,as amended,is hereby further amended by changing the zone symbol applying to the lands located in Plan 1128 Lot 3(Ora),Township of Oro-Medonte,from the Residential One(R1) Zone to Residential One Exception 329(R1"329)Zone,as shown on Schedule"A"attached and forming part of this By-law. 2. Section 7.0—is hereby further amended by adding the following subsection: "7.329'329—Plan 1128 Lot 3(Onllia),Township of Oro-Medonte(Rice) Notwithstanding any other provision in this By-Paw,the following uses and provisions apply to the lands denoted by the symbol*329 on the schedules to this By-law: Notwithstanding Section 5.4,an accessory apartment dwelling unit shall be permitted subject to the following: a) Only one accessory apartment dwelling unit is permitted on the lot. b) The accessory apartment dwelling unit shall be permitted in a detached accessory building. c) The accessory apartment dwelling unit shall have a minimum floor area of 48.0 square metres(617.0 square feet). 3. Schedule"A"attached to By-law No.2021-059 is declared to form a part of this By-law. 4. This By-law shall come into effect upon the date of passage hereof,subject to the provisions of the Planning Act,as amended. By-Law read a First,Second and Third Time,and Passed this 23r1 Day of June, 2021. The Corporation of The Township Of Oro-Medonte Mayor,H.S.Hughes Clerk,Yvonne Aubichon Development Services June 23, 2021 Report No. DS2021-087 Page 12 of 13 Page 79 of 255 10.a) DS2021-087, Danielle Waters, Planner re: Zoning By-law Amendment A... Schedule A: El8„a Or, 1S5 8806 to 8502 8796 87 0— 8786 8774 8780 8770 8760 5756 8732 5754 6744 From Residential One(R1)Zone 71 To Residential One Exception 329(R1'329)Zone Development Services June 23, 2021 Report No. DS2021-087 Page 13 of 13 Page 80 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-093 Council Andy Karaiskakis, Senior Planner Meeting Date: Subject: Motion # June 23, 2021 Telecommunication Tower— Andrew Robinson and Jason Roll #: Robinson (Owners) and Canacre R.M.S. File #: 4346-020-007-04100 Ltd. (Agent) 6331 Line 3 North Pre-Consultation Application 2021-PCA-06 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-093 be received and adopted. 2. That Innovation, Science and Economic Development Canada (ISED) be advised that the Township of Oro-Medonte has no concerns and concurs with Canacre Ltd. proposed installation of a telecommunication tower to be located at 6331 Line 3 North. 3. And that the applicant be advised of Council's decision under the Director, Development Services signature. Purpose: The purpose of this report is to provide Council with information and analysis regarding the installation of a telecommunication tower proposed by Canacre Ltd. to be located at 6331 Line 3 North. A proposed Site Plan is attached to this report (refer to Schedule 3). The proposal from Canacre Ltd. is to erect a 60.8 metre self-support telecommunication tower, to be located on 6331 Line 3 North, setback approximately 475.0 metres (1 ,558.4 feet) east of Line 3 North. The tower is to be a steel, self-support tower with a paint colour that is subject to Navigation Canada requirements. Background: The subject property is approximately 53.3 hectares (131.7 acres) and is located on the south- east corner of Line 3 North and Vasey Road (refer to Schedules 1 and 2). The property contains a single family dwelling and several agricultural buildings. Development Services June 23, 2021 Report No. DS2021-093 Pagel of 7 Page 81 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... Analysis: Canacre Ltd. submitted this proposal to the Township to fulfill Innovation, Science and Economic Development Canada's (ISED) requirement of consultation with the local land use authority and is seeking concurrence from the local land use authority. In accordance with the Township's Protocol for Telecommunication Towers, property owners within 120 metres of the proposed tower have been notified of the tower proposal and a virtual public open house was held on May 13, 2021 . One (1) resident attended the virtual public open house who had no concerns regarding the installation of the tower and had questions related to the completion date for the tower and if it was going to provide wireless internet. Canacre Ltd. advised that the tower is expected to be completed in 2022 and the tower will primarily be for mobile devices but will provide improved LTE based internet. Bell may be expanding fibre to this area in the future. Canacre Ltd. has provided the Township with a Public Consultation Summary for the proposed telecommunication tower (refer to Attachment 1). Municipal review of telecommunication towers and antennas is governed by the Township's Protocol for Telecommunication Towers supported by Council in March 2005. The protocol sets out detailed procedures for the review of telecommunication facilities to be installed in the Township. The Protocol includes the following: • preliminary consultation process; • public notification and consultation processes; • municipal response process; • criteria for what kind of facilities are exempted from the public consultation requirement, for example, a ground supported tower less than 16.6 metres in height and located more than 200 metres from a residential dwelling. The municipal consultation process is part of the requirements by ISED in the approval of telecommunication facilities. The undertaking of telecommunication facilities is under the exclusive jurisdiction of the Federal government. The provisions of the Ontario Planning Act and municipal bylaws and regulations do not apply to Federal undertakings. While the consultation process allows local land use authorities and the public to have input in proposals of telecommunication facilities, local authorities do not have the power to approve or disapprove the location or construction of such facilities. ISED is the ultimate approval authority of such facilities under the Radio-Communication Act. Canacre Ltd. is seeking to improve the telecommunications infrastructure in the area to provide Bell users with better wireless data and voice communication services around the Vasey community and the surrounding areas. This location works well to expand the Bell coverage while being respectful of the character of the property and context of the area. The proposed tower has been designed at a height of 60.8 metres (199.5 feet) to provide optimal coverage to this area due to the large coverage and capacity gaps currently in this network area. The proposed tower height also means that there is sufficient capacity for other carriers or Development Services June 23, 2021 Report No. DS2021-093 Page 2 of 7 Page 82 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... broadcasters to install their equipment on the tower. All future applications for co-location on the proposed tower will be considered. This is seen as an added benefit as it works to reduce the number of potential towers required in this area in the future to provide service to residents and businesses. The tower is proposed to be setback approximately 472 metres (1 ,548 feet) from Line 3 North and will be accessed through the existing entrance from Line 3 North and will utilize the existing field access to the proposed tower site. The tower is to be located at the corner of the agricultural field abutting against the woodlot requiring limited tree removal and is to be located approximately 420 metres (1 ,380 feet) from the closest residential dwelling. There is sufficient space to accommodate the tower while having some visual buffering from the existing woodlot that will surround the proposed tower from view. Financial / Legal Implications / Risk Management: There are no direct financial implications to the Township by the proposed development. Consultations: This proposal was circulated to internal departments and external agencies for review. Nottawasaga Valley Conservation Authority: NVCA has no concerns with the location of this tower— it is proposed outside the NVCA Regulation Limit. Development Engineering: typically Development Engineering has no objection or comments regarding this type of project. There is little to no drainage works or disturbance other than a tower pedestal and the pre-engineered cabinet placement. The driveway/access is of reasonable grade and the offset distance to the property line does not pose difficulty to the adjacent property. Building Division: Building Division has no jurisdiction in the construction of telecom towers. County of Simcoe: The site is designated "Agricultural" and "Greenlands" in the County Official Plan. This telecommunication tower constitutes Infrastructure, which is permitted in either designation. The County understands that the Township will consider whether any matters of natural heritage are present and require being addressed, depending on the precise location of the development and site alteration that will be necessary should the tower be built. It does not appear that any land division is proposed as part of this project, however, it is worth noting nonetheless that land division for Infrastructure in the Agricultural designation is discouraged, and land division in the Greenland designation in general is limited. Based on the information provided, there appears to be no issues of concern from a County Planning department perspective. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Development Services June 23, 2021 Report No. DS2021-093 Page 3 of 7 Page 83 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... Schedule 3: Site Plan and Tower Elevation drawing Attachment 1 : Public Consultation Summary Report Conclusion: The installation of a telecommunication tower on lands owned by Andrew Robinson and Jason Robinson by Canacre Ltd. presents an opportunity to improve telecommunication coverage in an underserviced area in the Township with limited impacts on adjacent land uses. The proposal has followed the procedures and met the requirements set out in the Township's Protocol for Telecommunication Towers. Based upon the above review, Staff supports providing concurrence to Innovation, Science and Economic Development Canada with respect to this installation. Respectfully submitted: Andy Karaiskakis, Senior Planner Approvals: Date: Andria Leigh, Director Development Services June 11, 2021 Robin Dunn, CAO June 17, 2021 Development Services June 23, 2021 Report No. DS2021-093 Page 4 of 7 Page 84 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re- Telecommunication ... �� M nnnstone•Rd n��e�I wlinruw �Id. .Rd C � - SRCOE a� 23 Vasey Rd. �y nono 5005 4989 6414 6331 6362 Z 'J 6229 6234 6 006 Schedule 1 0 Location ; ! Proposed Tower Proud Heritage,Exciting Future 0 300 m File Number:2021-PCA-06 N Development Services June 23, 2021 Report No. DS2021-093 Page 5 of 7 Page 85 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... r�YIaI aIlep Rd� l I`ne•Rd. - �- - HersenYoe+Yalle7r•Rd ��& 1 mRd cd r _ EIMCOE _= 23 Vasey Rd. - kdg Rom „50D5 6414 6331 6362 C J 62,29 6234 6208 Schedule 2 Aerial Photo �`� Proposed Tower Ifs rt�o ^� eca Proud Heritage,Exciting Future 0 300 m File Number:2021-PCA-06 Development Services June 23, 2021 Report No. DS2021-093 Page 6 of 7 Page 86 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re- Telecommunication ... w��er�oaoaom A.x 4g ��s SITE LAYOUT DESIGN OF PROPOSED \ TELECOM TOWER INSTALLATION AT L of o`23" Ozv xlrG-w✓IR>!y ` `jl I � GpqE�GG�SP�5i��P1,C TogqnpS�EDOrviEEll]rvTE i, cue ,I I COIIHIYI SINCOEx E im cs tz LINE 3 NORTH uRvpar mxrvc rvo*E ��•a.o x+o mug*urou�w.x ��CDMPWND" �� _ L'p& n�aroasEo m�a urour nrl I __"^_ { •o-.a-o.� I CCESS TILITY 4 �` ®"�;.o�:.°�:„L•'°,��a h".�:� I I .,. S FI ua�9w F pIl �) fl I j) �I LOT 23 CONCFSSION 4 ■IIcfW1Nt I�-0 0 0 -e-m..vx� yvlEnpx CCESS TILT ICI 1 LINE 1.. _ _�..o,.� ,M ,� - E■■6'JED.BARiWES e y 3 NDRTN - R no o r�ecn�la:.s Schedule 3 Site Plan & Tower Elevation Drawing ' „ 0 T®TOt�h.✓ File Number 2021-PCA-06 Profe I Heritage,E.xeitiu2 Future Development Services June 23, 2021 Report No. DS2021-093 Page 7 of 7 Page 87 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... CANACRE Andy Karaiskakis Senior Planner Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO May 28, 2021 Dear Mr. Karaiskakis, As you are aware, Bell Mobility is proposing to build a 60.8-metre self-support telecommunications tower to the official position described as follows: PT LT 23 CON 4 MEDONTE; PT W PT LT 24 CON 4 MEDONTE; PT E1/2 & E PT OF W1/2 LT 24 CON 4 MEDONTE AS IN R0271920 EXCEPT PT 151R25585; ORO-MEDONTE, 6331 Line 3 North, Township of Oro-Medonte. This project will meet the telecommunications needs for high quality wireless services around the Vasey community and the surrounding areas. Canacre Ltd., being an Authorized Agent of Bell Mobility Inc., has followed the Township of Oro-Medonte's Telecommunications Tower Siting Protocol. The protocol requires that all residents living within a radius of 120 metres of the proposed self-support tower be contacted, a sign be placed on the subject property, and a Public Open House be held. The Public Open House was held on May 13, 2021 to answer any questions the public had regarding the proposal. Throughout the consultation process, Bell Mobility was available to all residents who may have had a questions/comments regarding the proposed structure. No additional third-party permits are required for this tower proposal. A Transport Canada permit and NAV Canada permit have been received and it has been determined that lighting protection will not be required for this proposal. As you may know, telecommunication towers are exempt from building permits and so this will not be pursued. Therefore, please accept this letter as a formal request for concurrence. Please sign on the line indicated below to confirm that you have no further comments or concerns. Thank you, Maria Wood Planner, Planning and Permitting Canacre Ltd. Tel: 416-548-8602 ext. 3566 Signature of Designated Official for providing concurrence: Andy Karaiskakis Senior Planner a Karaiskakis@oro-medonte.ca INFO@CANACRE.COM WWW.CANACRE.COM Page 88 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... Andy Karaiskakis Senior Planner Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2E0 May 28, 2021 Subject: Bell Mobility—W7967—Vasey—Consultation Summary Consultation Summary: Bell Mobility is proposing the W7967 Vasey tower to bring wireless LTE mobile improvements to this community. The consultation process for this tower included a Public Open House as well as a 30-day period to receive written comments. A total of one (1) party attended the Public Open House held on May 13, 2021. A summary of the meeting is documented below. Should you wish to watch the entire Public Open House for more detailed account of the meeting, you can access it here: https://canacre.sharefile.com/d-s32dface298934c88961 c85b4255e2633 The party who attended the Public Open House asked questions regarding the proposal and made a statement of support. No parties submitted written comments regarding the proposed tower. Positive - N/A Neutral/Questions - N/A Negative - N/A Page 89 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... Record of Public Open House held May 13, 2021 Attendees: • Adam Fulford, Canacre, Agent for Bell Mobility • Maria Wood, Canacre, Agent for Bell Mobility • Andrew Tees, Canacre, Agent for Bell Mobility • Evan Turunen, Canacre, Agent for Bell Mobility • Andy Karaiskakis, Senior Planner, Township of Oro-Medonte • Ian Macdonald Public Open House Dialogue: It's good to see Bell is expanding the Thank you for your support. Ian Macdonald wireless footprint. It is expected to be complete in 2022. Is there a completion date for this Ian Macdonald Construction will start within the first three tower? months of the year. Will this tower be open to co- The tower is engineered to handle additional location? carriers and Bell is required to review co- Andy Karaiskakis location applications. The tower is currently located in a cleared Please confirm if any agricultural area and there is an existing laneway. Tree land or forestry will be affected by removal will be limited, but a few may need Andy Karaiskakis the tower. to be removed for utility lines and/or laneway expansion. We have avoided interfering with agricultural land including with this proposal. This tower will primarily be for mobile devices Are they going to provide wireless but will provide improved LTE based internet. Ian Macdonald internet from the tower? Bell may be expanding fibre to this area in the future. Page 90 of 255 10.b)DS2021-93,Andy Karaiskakis,Senior Planner re:Telecommunication... KEY PLAN SITE LAYOUT DESIGN OF PROPOSED fum SUBJECT PROPERTY PLAINTo scuEl AT TELECOM TOWER INSTALLATION AT o---��T ® 6331 LINE 3 NORTH ORO-ME DONTE, ON 71LPART A LOT 23 CONCESSION\ TOWNSHIP 0�ORO-ME OF MEDOME 0¢ vw sere-ooaTl(t T) TOWNSHIP OF ORO-MEDONTE 1 e L COUNTY OF SIMCOE Of � - PHoaosTo,owEH I J.D.LE 5 BARNES LIMITED" � ICI ©ccvra�aH,zozo as G NO LINE 3 NORTH_ T15L—AIRPORT aE�sT—JECTEeE aP°f��fr. EeH�.,�ervE, v°v CAUTION PROPOSED ROAD AND UTILITY LAYOUT PLAN COMPOUND suLL[ zso acre cuETurenE 9 4r`e2 ¢e"� uo�e[[uav[arEo evOs[Eo s pNor+v ErcEorvrreou envo FIELD y neEE reeeoxos nrvo nns METRIC u�rers Nwo c�eE corvvrre.m Io MEET ev oh orvs a.aIo.a 60 Y 9 owry ory En s a wu rarer III 'tea _` / x `y nnreouocos src ELEMATION PLANry T I PROPOSED COMPOUND 0 OSED COM DUNG LAYOUT PLAN sunEE 1211 I all °"Fzs II aS,, °^"II Waa III II"II NOTES ry CCESS/UTIUTY O O �' —EL,o✓EF,SUPPORT .a'E°°a``EMS. EourvooT�ury vESI�°Ervv�Hx Ev�E HE°u�_ ' Roo�oaP P°ueMas��';Erc „HE-e-1-"E,HE TE—)1-��rvs,.�a,�aH_ $I 0'o'va��o�Eo°P"`0.2N L`rc ou,F �I E v_L,nT�ory wrcH Ev�.u,HUH�,r. � MIELI u�H,x uH,vE EwEs,u°°ovwE.IE—E v—AIE. <I SITE DATA ' -E Boa no fl0 oil LEA sE-EA" ire u�u 6 u°ouuo 0-11 1 s sn A. cEssMiinr(uou-ExcwsvE) �aT:u SET a iT z. ry aec1E l°ao°osE1 TowErtM �.NrvEE—TI) nzm ".'III TVErs of I—Ev—D) ioE fPiu ses�s-oosz) o.E m q SET nrs l°iu sass s-oTT2) eec"s lPao°osm SHELTEHf n orvT Nrv[3—THT of Nuev"oral e s m III m l°iu - izl a LOT 23 II CONCESSION 4 . anrc-oo.N1 nT�uH � nareievETureu MiELI BENCHMARKS o O is �E 9 �"ow _ fEo TwIiA rvsisl"�%"m. rvlI h°ma ' \� vicrvv. eEl cxouAarcHT ON soei e nosus A rvo AeET E oEeivm M�a e ° eaoeoss xmc °ueusxEo EEEvTorva xoi rT HrzEs sw.eT.a,u aEs a"Dry LEGEND Low o ooTs ro"+Eo p rv�aI0 0 0o SEE TEETH EiF--] CERTIFICATE OF COMPLETION\:ry L " E 1.THE riEEo wo""wns cou°EETco ou.ucus 21,2— ACCESS/UTILITY uorcEUHEH 9.corn �/C al =1, IFrc E' W S I CAUTION al T HERE of urvoEHVHourvo IT-,E-OR 0 EE e SITE:W7967 VASEY ?a HP �Hn�E � ■� J D BARNES LINE o%a'3 NORTH ROAD ALLOWANCE BETWEEN"CONCESSIONS 3 AND 4� PTN sas�e-aons Q 7- ° a. TE/aE EVEo a. Envy MP cssNTlinNOee"isco.sE�°i�°eEr+ze.ao Page 91 of 255 . n v eniq Planner re: ,. a ommunioa 1 0 .� v F- ru OJO pQ 5 w W /1 Q Q- G O �E 2�0 Q O� I m O VJ cc O N G LL Oa0 LL cn 0- OQ Ir Ov ° e o mr° i EZQ"a IEO- pp (n X E p\ so 0 a N'� P� 9f.Y\ Qom, a�• Oaf?m I I I 1 � U Q Z U Y F 3 ilf4 rIJ ~i 3 Q 0 / O z • LU • • - • LLJ ' - MR - 1 • .. A � i ,a4 L !r:F r� �a •; � k ,fir +Y t ,Rk:pl" 10 Al OM v R • - of LU • o - ! • o, . �r ! _ _ ® o ' , ' ' ,• a. LU CD AIt- awd a— Y �i i. .s- ��' 0a�1St •h • x f E NOW e a r ' Mfga FPS IRV weal,4 ARY of ls; ��rii► �--rA. two �&ram` _ — -�� '®- �,, ,.w:.��i.�.o._ — -:�.. • • � I - o � • • a i o 1 • , . . • co CD A : . o a a •� a d � •� � ` ��Ij �� \, ;�y4`i�� `'i"fir �=��.,F�:\,••, Apr ►'"'` F[PS�re.» WIN Sle'��vk�c� :l� N:4� C`p v ®!r. �Q�'!.�". el.. I ----.- _W=��!gT��,�i,;:�;71�►gi�A��erw,,, ,�._ � _.._,-� _r�aa„�!aTA�iil►;:� iu''�'�'Irw,>_ �— �:":�9r1,�1t�ir:��r.a en.." — �"gl`y►��in.�°'.N.i¢;•�', — Air s:'a,: nag", -4 i+ram,feL r' "_,O 5i d rpl ��*I/ � Is ' r i'7!"�,'� r O.rr A •it_! <1 7) ,r V /® 'ay �1►�'�, �a YiP ��` � ' �/Are y, �� a �i�'� �` 6r''f�•' �.-n..,l, ��e b �( a a I `• ( f 1O.b) DS2O21-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... April 22, 2021 Bdi VIA EMAIL Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL2E0 Subject: Information Package Proposed Telecommunications Tower Address: 6331 Line 3 North, Moonstone, Township of Oro-Medonte Legal Description: PT LT 23 CON 4 MEDONTE; PT W PT LT 24 CON 4 MEDONTE; PT E112 & E PT OF W112 LT 24 CON 4 MEDONTE AS IN RO271920 EXCEPT PT 151R25585; ORO-MEDONTE Coordinates: Latitude: N 44° 39' 41.6", Longitude: W 79' 45' 44.6" Bell Site Reference: W7967—Vasey Dear Mr. Karaiskakis, As you know, CanACRE Ltd. is representing Bell Mobility Inc. ("Bell") in the consultation for the installation and operation of a telecommunications facility in the Vasey area . We have been in preliminary consultation with the Township of Oro-Medonte ("Town") to identify a suitable design and location for a 60.8-metre self support telecommunications tower installation to provide improved wireless data and voice communication services to Bell customers in the community. This Information Package is to provide detailed information on the new telecommunications tower required to improve wireless service to the community and to invite comments from the Township as part of the consultation process. The purpose of this site is to respond to the rapid growing demand for wireless data communication products, such as mobile broadband and video service for use on smartphones, computer tablets and laptops. With the growing wireless traffic, dependable service availability has diminished and will continue to diminish until additional wireless telecommunication infrastructure is installed to relieve this network capacity issue. The tower will benefit the residents and businesses of the community by providing them with better access to reliable wireless telecommunication services. Bell is committed to working with the Town and the community in consultation to obtain feedback for the proposed tower to determine an appropriate location and design for the tower that will improve wireless services. Please consider this information package the official commencement of the consultation process. If you require anything further, please do not hesitate to contact us at (416) 548-8602 ext 3566 or directly by e-mail at mwoodQca nacre.com. Page 96 of 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... Sincerely, Maria Wood Planner, Planning and Permitting Agent for Bell Encl: Bell Information Package Mail Out Notice cc: Matthew Milligan, Senior Advisor Real Estate and Government Relations, Bell Mobility Inc. Innovation, Science and Economic Development Canada—Toronto District Office ge 97 of 255 101b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... Subject: Information Package Proposed 60.8m Telecommunications Tower Address: 6331 Line 3 North, Moonstone, Township of Oro-Medonte Legal Description: PT LT 23 CON 4 MEDONTE; PT W PT LT 24 CON 4 MEDONTE; PT E1/2 & E PT OF W1/2 LT 24 CON 4 MEDONTE AS IN R0271920 EXCEPT PT 151 R25585; ORO-MEDONTE Coordinates: Latitude: N 44039'41.6", Longitude: W 79045' 44.6" Bell Site Reference: W7967—Vasey 1. Proposed Location Bell Mobility Inc. ("Bell") is proposing to locate a new telecommunications 60.8 metre tower at the above- reference location, on land owned by a private property owner. This tower is being proposed to bring high- speed wireless mobile LTE network coverage and capacity to the surrounding community. The site is located on lands designated as "Agricultural" in the Township of Oro-Medonte's ("Township") Official Plan and "Agricultural/Rural" in the Zoning By-Law(please note radio installations are federally regulated and do not need to adhere to local zoning regulations). The site is located west of the Vasey community, south from the Vasey United Cemetery. Access to the tower will be entirely via a private driveway off of Line 3 North. In selecting the proposed location, a number of other sites were also considered: a. Evaluation of Existing Structures. As required by Innovation, Science and Economic Development Canada ("ISED", formerly known as Industry Canada), before a new free standing tower is proposed, a telecommunications carrier must make best efforts to evaluate any existing structures - towers or rooftops - that may be available to support new equipment or to use for co-location. After careful examination, it has been determined there are no viable existing structures in the area that would be suitable for the operations of Bell's network equipment. b. Alternative Sites Considered. Other properties were investigated by Bell but were not feasible for hosting new telecommunications equipment for various reasons. These sites were assessed by a detailed desktop analysis conducted by Bell's Radio Frequency Engineering Department, and subsequently in the field by conducting multiple site visits by the project team personnel. The proposed site location and alternative sites considered are depicted under Appendix 1: Proposed and Alternative Site Locations. 1 Page 98 of5di 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... The reasons for rejecting the alternate sites are as follows: Alternate Site 1, 2, 9 (CAN1, CAN2, CAN9): These sites were rejected due to the close proximity to neighbouring residents and the Vasey United Cemetery in comparison to other viable sites. Although these sites met radiofrequency requirements, they would have a higher aesthetic impact to the community. Alternate Site 3, and 6 (CAN3, CANE): These sites met radio frequency requirements, however due to proximity to the roadway, would be more visible to the Vasey community. These two sites were located further into an actively cropped field, would require a long access route, and could result in possible hydro connectivity issues. Alternate Site 4, 5, 7, 8 (CAN4, CANS, CAN7, CANS): These sites met radiofrequency requirements, and would be easily reachable for hydro and access. However, would still have a larger aesthetic impact to the local community in comparison to the proposed location. Proposed location: The proposed location for the Vasey tower is well situated in the rear of an actively cropped field. No cropped land will be taken out of production due to its location. There is an existing access to the site by way of driveway and available hydro on-site. The location is surrounded by trees on three sides that will shield the lower part of the tower from view, while meeting network objectives for this area. 2. Proposed Design In order to enhance wireless service, Bell is proposing to install a 60.8 metre self-support tower with ancillary radio equipment including a shelter, located in the southeast corner of the property to support a new radiocommunications facility that will service the area. The proposed tower supports co-location. Bell would accept applications from other carriers to co-locate in the future, if there were interest. The proposed tower will be designed to accommodate more than one carrier. Bell has completed a survey plan (see Appendix 2: Survey Plan) as well as visual simulations of the proposed tower(see Appendix 3: Visual Simulations).The proposed design is subject to minimal change based on final engineered design. Bell has made efforts to minimize the visibility of the telecommunications tower to the area residents. This location was selected not only because the closest dwelling is over 420 metres away, but it also provides the community with the highest network coverage and capacity improvements. Additionally, this site has minimal tree removal requirements as well as minimal environmental impacts compared to the other sites. Bell welcomes any comments from the Township of Oro-Medonte in regard to the proposed telecommunication tower location and design. 2 Page 99 of 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... 3. Public Consultation Process Although ISED has exclusive jurisdiction in the licensing of radiocommunication sites, such as the proposed tower, ISED also requires proponents to consult with the local land use authority and public. In evaluating the Township of Oro-Medonte's current telecommunications policy - Telecommunication Facilities and Structures Siting Policy- the proposed tower location and design is in compliance. Since the proposed tower is over 16.6 m in height, all property owners within 120 m will be sent a notification package that includes the proposal and consultation details. A sign will be posted on the property to invite the community to a virtual open house, where residents can comment and receive information regarding the proposed tower. Under the telecommunications policy, in order to move forward with the public consultation process, Bell has submitted an application along with supporting materials for a Telecommunication Tower to the Township. At the conclusion of the consultation process, Bell will prepare and submit to the Township Oro-Medonte a summary of comments received from the community and the replies provided by Bell. Bell will also provide a record of participants who attended the open hosue, and a recording of the meeting to the Township. 4. Concurrence Requirements Although Bell is exclusively regulated by the Federal Government, ISED requires Bell to consult with the land use authority as a commenting body in the sitting of antenna support structures.As a form of comment, Bell will be seeking support or concurrence from the Township in the form of a Resolution, Minutes of a committee meeting or council and/or a letter that addresses the following items: • The Township is satisfied with Bell's consultation process, as outlined in the current telecommunication policy or ISED's Default Public Consultation Process; • The proposed design and location is acceptable; • That the Township has been consulted and concurs with the tower location. 5. Health and Safety Compliance The installation and operation of the proposed tower will be compliance with the following safety standards: a) Safety Code 6 Bell attests that the proposed tower will at all times comply with Health Canada's Safety Code 6 which limits the public's exposure to radiofrequency electromagnetic fields (EMF) and ensures public safety. This code is based on current, accepted scientific data. Additional information on health and safety may be found on-line at: http://www.ic.,qc.ca/eic/site/smt-gst.nsf/enq/h sf01702.html 3 Page 100 of 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re: Telecommunication ... Safety Code 6 takes into account all RF emissions in the area to ensure levels in EMF energy operate within the safety limits. Safety Code 6 exposure limits are not device specific, but the limits do take into account the total exposure from all sources of RF energy. For more detailed information on Safety Code 6, please see: https://www.canada.ca/content/dam/hc-sc/migration/hc-sc/ewh- semt/alt formats/pdf/consult/ 2014/safety code 6-code securite 6/final-finale-eng.pdf b) Environmental There are no environmental restrictions for this proposed site location. Bell will undertake all the necessary environmental assessment(s) to mitigate potential impacts in the siting and construction of the proposed tower. The proposed site is not within Environmental Protection or Shoreline Areas as per Schedule A in the Township's Official Plan. c) Engineering Practices Bell attests that the proposed tower will be constructed in compliance with all applicable building standards and comply with good engineering practices including structural adequacy. d) Transport Canada's Aeronautical Obstruction Marking Requirements The proposed tower is in compliance with Transport Canada and NAV CANADA aeronautical safety requirements. Bell had submitted an application to Transport Canada and NAV CANADA and has received approvals from both agencies. No lighting or markings will be required for the proposed location. 6. Conclusion Bell is seeking to improve high speed wireless service to the residential community and businesses by improving wireless cellular services in the Vasey area. To provide service, Bell is proposing the construction of a new self-support telecommunications tower. After investigating the area, reviewing local regulations and considering Bell's technical requirements, Bell finds the proposed infrastructure appropriate as it has taken into consideration the following: • The proposed tower location will bring much needed mobile wireless network coverage and capacity to the community. • The proposed tower is located outside environmentally sensitive areas; • Proposed location has received confirmation from Transport Canada that structure lighting/marking will not be required at this location; • The proposed tower is designed to provide high quality service to Bell customers in the Vasey community and surrounding areas; • The proposed tower is located over 420 metres away from the closest residential dwelling; • The proposed tower is located over 475 metres away from the nearest public road; and • The proposed tower is well located due to the presence of mature trees that will screen the lower portion of the tower. • The tower is designed to support future co-location; 4 Page 101 of ` . . rim . .. . . h� �1N9767 Vasey .oz� a N 2000 ft CAN2 JCAN 1' ,, CAN4- Q�© r CANT �AN5 CAN8 CAN3 fCAN6 W9767 - Vasey+� f { /� 3000 r: 10.b) DS2021-93,Andy Karaiskakis, Senior Planner re:Telecommunication ... Appendix 2—Site Plan ROPERTr Pax SITE LAYOUT DESIGN OF PROPOSED walEc oo �� TELECOM TOWER INSTALLATION AT L- - Ok0 ALI=E i N ONH PART OF LCN E23 CONCO I OEOD1 D1 lO TOWNSHIP OF MEDONTE ox�l�z TOWNSHIP OF ORO-MEDONTE wry sazr5-o I i I� CpUrvTv OF SiMCDE I u J.D.MINES�LIm170 LINE 3 NORTH AIRPORT EONINO NOTE -P�POSEED READ AND UT—I-OUT FLAN ___ '' f5 COMPOUND r unoN�n,Pxm1Lnxre w,xc�E "'xoxs ' � iT� 4 i A�,&� rrim.roa,xs wwosc ixusersu�"to rnruRau uaU a[taoz axu xxs N '-i x METRIC xumcsea�o'wc°�° coxvsexomazz ev wxouv ar viva I. Qe II IN 9 S r -- .mmxmos ELEVATION PIAN oROPosEo caMrrouxO urovr Pux II NOTES I I CCESS UTILITY � O O xQi�ro[w'�i"s@wiMr sro w.�,c o�wmM pT @�Nf�ruo,scw smw. R ` ®tin°°eaamin°�"u,u cuvw�z�s�ku-�u I I�I I.I ®u�hrvEco¢rmwavo m.'"ir�°v+Iv�"�.'i`,wrxwm. I �u n� Pua zo s,rc�w�moor aszs xuxzue w,o � xwcu,wu sm "�n.�x o«eu sm[z.a wronoe mmWrz xx...wa ,I SITE DATA III r4 nn�.I�w_ III "xs r»>oo��.Ex, Ili r - rz, II�II xa" .:m al�Tla x I�I LOT 23 I�I CONCESS,ON 4 d2 �j 9 I a J 00 Oe O F v E FICPTE OFs COAF,EnOx III 'T^CCESS TILI T TMI�Ixe, wxao r,mm ox w�,s,�, iC oR 4 I s c wTION a y� Bell a \ I ——— J.D.BARNES LINE ,,3 NORTH ROAD ALLOWANCE EETAE�iONS3 AND 4— aoas 6 Page 103 of 255 10.b) DS2021-93, Andy Karaiskaki S, SeniorPlannerC- Telecommunication y � � 0 2§ \ $ j\�)E± ^ / »� � ` < ® aIL — > m)&U-§L �@ $o { § > ) � \ � \ E CO CL ■ % 2 E - k \ k F- 1- Page 10 0 255 10.b) DS2021-93, Andy Karaiskakis, Senior Planner re- Telecommunication ... W ° o � o rw0 Ln a 1 CO LI Ice Y1 C V 3 g 4 7 � n .l- 0 CO Page 105 of 255 I t • I I � ■ lid ? 0 I e � ,I�# 11 s � ��' 1•� a • • ��Elrty*y � ��S1rts*� �, '.� - 1• • r�x '''ate-�.'- `'�i�- w�•x,� .•` , �- ZL Alf owl, • lw, a w. ..�� q�Y• ;GYM'-�I l � r t ti J r 10.b)DS2021-93,Andy Karaiskakis, Senior Planner re:Telecommunication ... 3 c c J :S • I� G O L"" E N -6 O :S E ` _ _ E ° E 1s 3 N I� • ° J 3 ° > o ° E o. /�1 _ s; "'k ✓" v w o c z E s > 0 3 .O ++ OA O o > a v 41 L ° E � f0 y o N N o E 0 N `o `oto ? O C E 3 3 v 3 x E Q OA L F; 4i p o w E o VO L 7 0 - i � 0 C o O co r - U_ w ° > ° o � ° m r-I `� 3 ¢ `o N o u O E -5 _ E > o m fV E > E v = ° O u s` U Q o 3 0 Z o y 4J o O V V +�+ C ° o M -6 ca y M C 4J N o ° u ° LU 0 ° O O O N 0 C 0- .3 2°0 > o 4J _ m o 0 0 _ O v m a G! > 3 0 O Mra E i L (O O O O C E Q -6 0 o ca _ - ro ` t t E d O O ° c vCD v c u - -0 ° ° a CU o A o O - ++ 4J 9 A - - - o `w O Y CU U t - a t v o 0 o J MO X O ° -o - Ln } � U _ ° �° i a u a M Page 108 of 255 10.b)DS2021-93,Andy Karais err : n ... o Y o Y E L? o E n 5 ro 3 - o 3 w o 3 2 c 3 0 - O o 0 3 CL (n Q ¢ uo Y ° 3 �- w u o n• c _ r o - a 3 p 3 _o - _ v o s Y U > tC � Q. 3 c v c th L.L m m N E o z 3 _ 3 E E - O E o N - - o E.mE 33s �m O 3 w 3 C E - c o2 c v a 3 a o -cc L o L c at.. Iz M 0 ol 2 co m 3 v v E 3 0 o_ Q. o _ - - T c - 2 E QI � N v a'o w - o m c _ s r - N W� E -o3 3:txO _v -_ o o f E o m 2'� m o m. d - _ ~ - u o - (/� Q '° E Lo c.3o E? m = `- u co E o _ s y o - o E E m u. % - v E w _o Ai Q. 3 ? 3 0 3 c - u v E.m� p_ u c r o i }, 0 = o c o ' n. `- - o 3 LE 3 on v -1p0 m f L 'E v > s (/� U m u 3 G E _ ai o�' u o 3 _s E _ 3 _ C 3 n o h c m - > $ E 3 w p - in uu 3 u _24, my _ $ 3' m 3 m .a o oK o bD 0 or • �p E _v o N U �_ E E c n Q41 1 0 y c r - t (n Z a E m3 ._ u r 3 r o n. 3 Y` ' c p` N o i lo W o F o a E 3 v - 3 m Q. o � E a 3 o f _ $ va- 'ca h y o v o }I c Gl O Y 3 L L {/1 d m 3 �n v ¢c F v Page 109 of 255 10.b) DS2021-93,Andy Karaiskakis, Senior Planner re: Telecommunication ... PUBLIC NOTICE PROPOSED TELECOMMUNICATION TOWER TOWER SIMULATION BELL MOBILITY PROPOSES TO LOCATE A TELECOMMUNICATIONS TOWER, BEING 60.8 METRES IN HEIGHT,ON THIS PROPERTY. PUBLIC COMMENT IS INVITED A VIRTUAL OPEN HOUSE INFORMATION SESSION IS SCHEDULED ON: MAY 13",2021 FROM 5:00 PM TO 7:00 PM ONLINE. PLEASE VISIT www.canacre.com/vases-w7967 FOR INFROMATION ON HOW TO ATTEND THE PUBLIC MEETING.ANY COMMENTS/QUESTIONS CAN BE DIRECTED TO THE BELOW CANACRE CONTACT, MARIA WOOD,AT F consultation@canacre.com PLEASE TAKE NOTICE THAT THE APPROVAL OF TELECOMMUNICATION FACILITIES AND THEIR DESIGN ARE UNDER THE EXCLUSIVE JURISDICTION OF THE GOVERNMENT OF CANADA THROUGH INNOVATION,SCIENCE AND ECONOMIC DEVELOPMENT CANADA For further information,please contact individuals below: Bell Mobility—contracted to: Municipal Contact: Canacre Ltd. Andy Karaiskakis,Senior Planner Maria Wood 148 Line 7 South PO Box 82546,351 Queen St.E Oro-Medonte,Ontario LOL 2EO Toronto,Ontario M5A 1T2 Tel: (705)487-2171 Fax:(416)981-7725 Fax:(705)487-0133 Email:consultation@canacre.com Email:akaraiskakis@oro-medonte.ca Page 110 of 255 10.c) OCS2021-13, Karla Musso-Garcia, Manager, Operations re: Sole Sourc... Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Prepared By: OCS2021-13 Council Karla Musso-Garcia, C.E.T. Meeting Date: Subject: Motion # June 23, 2021 Sole Source Supply and Roll #: Install of Fuel Facility and R.M.S. File #: Fuel Management System for the South Yard Recommendation(s): Requires Action For Information Only It is recommended that: 1. That Report No. OCS 2021-13 be received and adopted; 2. That quotation #7719 from Comco Canada Inc. to complete the installation of a new fuel system at the South Yard and the removal of in-ground tanks at the North and South Yard in the amount of $135,681 plus HST be accepted; 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township. Background: The Township's fuel management system which provides diesel and dyed diesel to the fleet has exceeded its life cycle and dependability. In 2020, the diesel and dyed diesel tanks and pump system were replaced at the North Yard with the system at the South Yard scheduled for replacement in 2021 . The approved 2021 Capital Budget included project funding of $145,000 for replacing the tanks and pumps at the South Yard as well as the removal of the inground tanks in the both the North and South Yards. The 2020 project was subdivided into five contracts: 1. Concrete and safety devices, 2. Electrical, 3.Tanks, 4. Fuel pumps, and 5. Fuel management system. Each of these projects was administered through individual quotations and managed as separate projects. Three vendors were contacted to provide pump/ fuel systems quotes: Mayes Martin, Comco Canada Inc (Comco), and Petro Tech. Comco completed the installation of the new fuel management systems as they were the lowest bid and have knowledge of the Township's existing fuel management systems. As the removal of the tanks Operations and Community Services June 23, 2021 Report No. OCS 2021-13 Page 1 of 3 Page 111 of 255 10.c) OCS2021-13, Karla Musso-Garcia, Manager, Operations re. Sole Sourc... requires environmental testing, this work was planned to be conducted in conjunction with the South Yard in 2021. Analysis: Due to the current portfolio of projects in Operations and the benefits of structuring the fuel system replacement as a turn-key project, Comco was approached to quote full delivery of the project including the removal of the underground systems at both yards and full commissioning of the systems. A summary of the proposal is included below: NAME OF BIDDER Install/Implement Removal Quote Total Quote N and S Comco Canada Inc. $103,368 $32,313.00 $135,681 plus HST Given that Comco completed the North Yard fuel system replacement in 2020, they have existing knowledge of the Township's fuel system, they have maintained the systems for many years, they are capable of providing a turn-key solution, and that the 2021 South Yard installation requires integration with North Yard for vehicle access and software reporting, it is recommended that Comco Canada be sole-sourced to complete the project. Financial / Legal Implications / Risk Management: NAME OF DEALERSHIP COMCO Canada Inc. $135,681.00 HST (1 .76) non- recoverable $2,387.99 TOTAL $ 138,068.99 An allocation of $ 145,000 was approved in the 2021 budget for the replacement of the South Yard fuel tanks and pumps as well as the removal of the tanks in both the North and South Yard. The Township's Purchasing and Tendering Procedures Bylaw 2004-112 (as amended) outlines provisions for the procurement of goods and services. As outlined in the analysis of this report, it is recommended that Council authorize the sole source provisions of the By-law to award the contract to Comco Canada. The project does carry an element of risk associated with removal of the existing in- ground fuel systems and soils contamination which could require remediation. Both systems have been pressure tested and do not appear to have leaks, however prior leaks or contamination remain a possibility and project risk. Operations and Community Services June 23, 2021 Report No. OCS 2021-13 Page 2 of 3 Page 112 of 255 10.c) OCS2021-13, Karla Musso-Garcia, Manager, Operations re: Sole Sourc... Policies/Legislation: Purchasing and Tendering Procedures (Bylaw 2004-112) Technical Standards and Safety Authority (TSSA) Corporate Strategic Goals: Continuous Improvement and Fiscal Responsibility Consultations: Director, Operations and Community Services Operations, Technical Coordinator Conclusion: In 2020, the Township began the replacement of the fuel systems at the Township's Operations North and South Yard. In 2020, the North Yard system was installed and provisions included in the 2021 budget to replace the tanks at the South Yard and remove the inground tanks at both locations. Given that Comco completed the North Yard fuel system replacement in 2020, they have existing knowledge of the Township's fuel system, they have maintained the systems for many years, they are capable of providing a turn-key solution, and that the 2021 South Yard installation requires integration with North Yard for vehicle access and software reporting, it is recommended that Comco Canada Inc be sole-sourced to complete the project. Respectfully Submitted: Karla Musso-Garcia C.E.T, Manager, Operations Approvals: Date: Shawn Binns, Director, Operations & Community Services June 14, 2021 Robin Dunn, CAO June 17, 2021 Operations and Community Services June 23, 2021 Report No. OCS 2021-13 Page 3 of 3 Page 113 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Inwnshp of %t/0"AO/ Re port Proud Heritage, Exciting Future Report No. To: Prepared By: OCS2021-14 Council Shawn Binns Meeting Date: Subject: Motion # June 23, 2021 2021 Parks and Recreation Master Plan Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report OCS 2021-14 be received and adopted; 2. That the contract for RFP OCS 2021-008 be awarded to RC Strategies in the amount of $139,295 (excluding HST); 3. And that the firms who responded to the Request for Proposals be thanked for their submissions and informed of Council's decision. Background: The last Parks and Recreation Master Plan was completed in 1997. A Parks Master Plan followed and was completed in 2001 . These documents have helped guide and direct Council's decisions for recreation and leisure development, however these are now long out of date and no longer appropriately reflect the current recreation needs within the Township. In 2010, a Strategic Facility Plan was completed that specifically looked to provide future direction on recreation infrastructure and needs in the Township. This information was helpful in guiding many decisions, however given the level of growth the Township is seeing now and the degree of changes in community needs over the next 10 years, a more accurate assessment of the municipality's recreation and leisure needs, and service levels is required to guide business plans and policy direction. The 2020 Budget contained provisions to complete the Parks and Recreation Master Plan. Due to the onset of COVID-19 and the required operational response, the project was deferred until 2021 . The approved 2021 budget included funding of $140,000 to complete the project in 2021 . Operations and Community Services June 23, 2021 Report No. OCS2021- 14 Pagel of 3 Page 114 of 255 Shawn Analysis: ervic... A Request for Proposal (RFP OCS 2021-008 ) to complete the Parks and Recreation Master Plan was issued on March 30, 2021 and advertised through Biddingo.com (public procurement portal) as well as the Township's website. The RFP closed on April 30, 2021. Two firms submitted proposals for consideration - RC Strategies and Thinc Design Inc. The results of the tender are as followed: Consultant Firm Tender Amount (excluding HST RC Strategies $139,295 Thinc Design Inc. $136,215 A project steering committee comprised of staff from the following departments was established to guide the project and evaluate the submissions: Operations and Community Services, Economic Development/Communications, and Development Services. In addition to the submitted proposals, both proponents were afforded the opportunity to present their proposals to the steering committee which provided the consultants an opportunity to better understand the Township's needs and the Steering Committee to better understand the proponent's ability to meet these needs. The proposals were evaluated using the following criteria outlined within the RFP: Item Evaluation Criteria Points 1 Quality and Completeness of Proposal 15 2 Relevant Experience 20 3 Budget 25 4 Work Plan and Timelines 15 5 Personnel Summary and Company 20 Background 6 Client References 5 Total Available Points 100 Based on the review it was determined that RC Strategies would best meet the Township's needs and as such are recommended to be awarded the contract to complete the Parks and Recreation Master Plan in 2021 . Operations and Community Services June 23, 2021 Report No. OCS2021- 14 Page 2 of 3 Page 115 of 255 RC AA igs ?9ali�e1 ,r @ r� �s `Cr t�tSlt �pr� lr�� iCommunity Servic... consultation, and policy development and have completed over 1500 planning projects across Canada. Following the award of the contract a detailed project overview, workplan and timeline will be shared with Council and the community. Policies/Legislation: Purchasing and Tendering Bylaw 2004-112 (as amended) Corporate Strategic Goals: • Quality of Life • Service Excellence • Financial Stewardship • Inclusive, Healthy Community Consultations: • Parks and Recreation Master Plan Steering Committee Attachments: • RFP OCS 2021-008 Conclusion: The 2021 Parks and Recreation Master Plan will provide a comprehensive review of the Township's parks and recreation needs over the next 10-year planning horizon to inform strategic and business planning and to guide future policy direction. Following a review of the proposals received in accordance with RFP OCS 2021-008, it is recommended that Council award the contract to RC Strategies in the amount of $139,295 (excluding HST). A detailed project overview, workplan and timeline will be shared with Council and the community following the award of the RFP. Respectfully Submitted: Shawn Binns, PBDM, MBA Director, Operations and Community Services Approvals: Date: Robin Dunn, CAO June 17, 2021 Operations and Community Services June 23, 2021 Report No. OCS2021- 14 Page 3 of 3 Page 116 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Township of Proud Heritcxge, Exciting Future The Corporation of the Township Oro-Medonte Request for Proposal Parks and Recreation Master Plan RFP # OCS 2021-008 Sealed Proposals, clearly marked as to contents, will be received by the Community Services Division, 148 Line 7 South, Oro-Medonte, Ontario, LOL 2EO, no later than 12.00.00 p.m. (noon) local time, on April 30, 2021 Late proposals will not be accepted. Requirements for: Consulting Services for the Development of the Township of Oro-Medonte Parks & Recreation Master Plan All proposals are subject to the terms and conditions of the Request for Proposal, the accompanying specifications, and all other contract provisions or data that is incorporated. If further information is required, contact: Shawn Binns, PBDM, MBA Director, Operations and Community Services sbinns(a)oro-medonte.ca Telephone number (705) 487-2171 ext. 2127 The Corporation of the Township of Oro-Medonte reserves the right to accept or reject all or part of any proposal, and to accept the proposal that is in the best interest of the owner Page 117 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Definitions Table of Contents Definitions ....................................................................... Error! Bookmark not defined. Part II 1 . Introduction ...................................................................................................... 8 2. Background...................................................................................................... 8 3. Timeframe of Project...................................................................................... 10 4. Scope of Work / Deliverables......................................................................... 10 5. Contents of Proposals.................................................................................... 14 Part II 1 . Delivery of Proposals ..................................................................................... 17 2. Electronic Submissions.................................................................................. 17 3. Proposal Schedule......................................................................................... 17 4. Competition Intended..................................................................................... 18 5. Enquiries........................................................................................................ 18 6. Addendum/Addenda ...................................................................................... 18 7. Site Meeting ................................................................................................... 19 8. Mandatory Proposal Requirements................................................................ 19 9. Checking of Proposals ................................................................................... 19 10. Late Submission............................................................................................. 20 11. Proposal Opening .......................................................................................... 20 12. Amendment of Proposals............................................................................... 20 13. Right to Accept or Reject Proposal ................................................................ 20 14. Proposal Evaluation ....................................................................................... 21 15. Evaluation Criteria.......................................................................................... 21 16. Presentation & Interview ................................................................................ 22 Township of Oro-Medonte Page 2 of 61 RFP #: OCS2021-08 Page 118 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Definitions 17. Award Determination...................................................................................... 23 18. Negotiation..................................................................................................... 24 19. Execution of Award ........................................................................................ 24 20. Order of Precedence...................................................................................... 24 21 . Alternative Dispute Resolution. ...................................................................... 25 22. Contract Additions & Deletions ...................................................................... 25 23. Proponent Qualifications................................................................................ 25 24. Proponent's Statement of Understanding....................................................... 26 25. Term of Contract ............................................................................................ 26 26. Irrevocability of Proposals.............................................................................. 26 27. Errors and Omissions..................................................................................... 26 28. Proponents Expenses.................................................................................... 26 29. Changes to Proposal Wording ....................................................................... 26 30. Price Components.......................................................................................... 27 31. Freedom of Information.................................................................................. 27 32. Bribery/Fraud ................................................................................................. 27 33. Cancellation ................................................................................................... 27 34. Insurance ....................................................................................................... 28 35. Workplace Safety and Insurance Board (WSIB) ............................................ 28 36. Regulation Compliance and Legislation......................................................... 29 37. Laws of Ontario.............................................................................................. 29 38. Indemnification............................................................................................... 29 39. Force Majeure................................................................................................ 30 40. Severability .................................................................................................... 30 41. Termination of Contract.................................................................................. 30 42. Termination by Notice .................................................................................... 30 Township of Oro-Medonte Page 3 of 61 RFP #: OCS2021-08 Page 119 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Definitions 43. Termination for Cause.................................................................................... 30 44. Suspension of Work....................................................................................... 31 45. Suspension In Future..................................................................................... 31 46. Failure to Comply with Owner Decisions........................................................ 31 47. Evaluation of Performance............................................................................. 32 48. Time is of the Essence................................................................................... 32 49. Safety Standards............................................................................................ 32 50. Non-Waiver.................................................................................................... 32 51 . Non-Assignment ............................................................................................ 33 52. Emergency Telephone Number ..................................................................... 33 53. Personal Property Security Act ...................................................................... 33 54. Confidentiality of Information.......................................................................... 33 55. Conflicts of Interest ........................................................................................ 33 56. Township Not Employer................................................................................. 35 57. Township of Oro-Medonte's Purchasing and Tendering Procedures By-Law # 2004-112 (as amended) ................................................................................ 35 58. Working Language......................................................................................... 35 59. Intellectual Property ....................................................................................... 35 60. Accessibility ................................................................................................... 35 61. Township of Oro-Medonte Payment Terms.................................................... 36 Part III Form of Proposal............................................................. Error! Bookmark not defined. ScheduleI — Budget...................................................................................................... 43 Schedule II - List of References .................................................................................... 44 Part V Appendices .................................................................... Error! Bookmark not defined. Township of Oro-Medonte Page 4 of 61 RFP #: OCS2021-08 Page 120 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Definitions Payment Information ....................................................................................54 Accessibility for Ontarians with Disabilities (AODA) .................................................... 55 Contract Change Order Sample.................................................................................. 57 Letter of Credit Wording As Required By..................................................................... 60 Notice of"No Proposal" ............................................................................................. 622 Township of Oro-Medonte Page 5 of 61 RFP #: OCS2021-08 Page 121 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Definitions The following definitions apply to the interpretation of the Contract Documents; 1. "Addenda or Addendum" means any additions, deletions, modifications or other changes to the Contract Document and all corresponding Schedules and Appendices. 2. "Bid Security" and "Contract Security" refers to the certified cheque, bank draft, money order, or bonding documents submitted with a Proposal or at time of award notification that serves to guarantee to the Owner that the Proponent, if awarded the Contract, will execute such Contract in accordance with the terms and conditions outlined in the Contract Documents. 3. "Business Day" means any day from Monday through Friday between the hours of 8.30 am and 4.30 pm, excluding statutory holidays observed by The Township of Oro-Medonte. 4. "Calendar Day" means Monday through Sunday inclusive, but excluding any recognized statutory holiday. 5. "Closing Time" means the time specified in Instructions to Proponents, by which all Proposals shall be received and stamped by the Owner. 6. "Conflict of Interest" has the meaning that if there is an actual or potential Conflict of Interest in preparing its Proposal, and/or the Proponent(s) foresees an actual or potential Conflict of Interest in performing the works required under the Contract. 7. "Contract" means the agreement in writing governing the defined Work, which has been executed by the Owner and the Successful Proponent following acceptance by the Owner of the Successful Proponent's submission and subsequent signed agreement. 8. "Contract Documents" means a form of agreement, together with the Standard Conditions, Specifications, Schedules and Appendices, if any, which constitute the entire understanding between the Township and a Proponent submitting a Proposal regarding the Work. 9. "Contract Drawings" means the plans and drawings provided by the Township describing the Work. 10. "Council" means the elected Council for the Township of Oro-Medonte. 11. "Form of Proposal" are the standard forms provided in the Contract Document. Proponents must complete and submit the forms contained within this section in order to provide the necessary information for the evaluation of the submission for the purpose of entering into a Contract with the Owner in the event of award. Township of Oro-Medonte Page 6 of 61 RFP #: OCS2021-08 Page 122 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Definitions 12. "Mandatory Requirements" means those requirements described in Instructions to Proponents, which shall be fully satisfied in order for any Proposal to be considered by the Owner as compliant. 13. "May" used in this document denotes permissive. 14. "Owner" refers to The Corporation of the Township of Oro-Medonte, as the case may be, and as identified in the Request for Proposal, and Contract Documents for the purpose of the award, execution and performance of the Contract. 15. "Proposal" or "Submission" refers to the information submitted by a Proponent in response to this Request for Proposal. 16. "Finance Department" means the Director, Finance/Treasurer/Deputy CAO or his/her designate working within the Finance Department. 17. "Proponent" means the legal entity submitting a Proposal. 18. "Request for Proposal" or "RFP" means the document issued by the Township and used to solicit Proposals from Proponents to provide goods, services or construction to the Township. 19. "Shall" and "Will" used in this document denotes imperative. 20. "Sub-Contractor" or "Sub-Consultant" means a legal entity approved by the Owner undertaking the execution of a part of the Work pursuant to an agreement with the Proponent. 21. "Successful Proponent" means the Successful Proponent(s) whose Proposal the Township has accepted and to whom the Contract is awarded. 22. "Supply" means to provide the necessary tools, material, equipment, and product to satisfy the Request for Proposal requirements. 23. "Township" means The Corporation of the Township Of Oro-Medonte 24. "Work" means Work/service performed to meet a demand to comply with the conditions of the Contract, delivery dates, specifications and technical assistance. Township of Oro-Medonte Page 7 of 61 RFP #: OCS2021-08 Page 123 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference 1. Introduction The Township of Oro-Medonte is a community that prides itself on an unparalleled quality of life. With a population of just over 21 ,000, it covers a land area of 61 ,000 hectares, stretching from the westerly border of the City of Barrie and Springwater Township, the southerly border along Lake Simcoe, the easterly border with the City Orillia and Severn Township and the northerly border shared with Tay and Severn Townships. The Township is comprised of a number of settlement areas (varying in size) including; Shanty Bay, Oro Station, Hawkestone, Warminster, Moonstone, Horseshoe Valley, Sugarbush, Craighurst, Edgar, Guthrie, East Oro and Jarratt. Many of these communities are experiencing a period of growth as the Township transitions from a small rural one to a mid-size municipality. The Township's prime location provides residents and visitors alike with the riches of rural life and the convenience of a short drive to Barrie, Orillia and the GTA. The Township is accessible by: ■ Provincial Highways 11, 12 and 400 and the County of Simcoe road systems; • The Lake Simcoe Regional Airport operated by the municipalities of Oro- Medonte, Barrie and the County of Simcoe (Upper tier); • The Canadian Pacific Rail line, which passes through the Township as it travels from Toronto to Vancouver; • The Lake Country Oro-Medonte Rail Trail, which links the Cities of Barrie and Orillia; and ■ Lake Simcoe. 2. Background Geographically, the Township of Oro-Medonte is a large rural municipality with smaller communities scattered throughout. Based on this, it is difficult to ensure that the entire Township is equitably, effectively and efficiently serviced. Furthermore, due to the predominantly rural nature of the Township, its large size, the low density and spread- out nature of the population, and the close proximity of Barrie, Orillia and Midland with their well-developed leisure facility and park systems, the Township has not had to provide many of the types of facilities that are typical of communities with a population of just over 20,000. As such, there are a number of considerations that need to be acknowledged to fully understand the current recreation situation. According to Statistics Canada, between 2011 and 2016, there was a 5% increase in population in Oro-Medonte. The number of private dwellings increased from 7,475 in 2011 to 9,013 in 2016, representing a 21% increase over the five-year period. The Township has assumed many new developments and is anticipating another 34% increase in population over the next 12 years. The current COVID-19 situation is accelerating growth and change as residents from the GTA are seeking the quality of life afforded a short distance away from urban services. The last Parks and Recreation Master Plan was completed in 1997. A Parks Master Plan was completed in 2001. These documents have helped guide and direct Council's Township of Oro-Medonte Page 8 of 61 RFP #: OCS2021-08 Page 124 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference decisions for recreation and leisure development, however these are now long out of date and no longer appropriately reflects the current recreation needs within the Township. In 2010, a Strategic Facility Plan was completed that specifically looked at the future of recreation infrastructure in the Township. This information was helpful in guiding many decisions, however given the level of growth the Township is seeing now and that will continue over the next 10 years, a more accurate assessment of the municipality's recreation and leisure needs and service levels is required. New School/Community Centre - As identified in the Strategic Facility Plan, the Township is currently in the process of building a new community centre along the Horseshoe Valley corridor. This project is in partnership with the Simcoe County District School Board. The elementary school and the community centre will share an enhanced gymnasium (high school sized), serving both the school and community's needs at the same time. The community centre will also include a multi-use programming space and service accommodation for future phasing of additional amenities. A plan for how this future phasing may come to realization needs to be addressed, including possible fundraising options and resource considerations. Guthrie lands - The Strategic Facility Plan also identified lands (85 acres) for recreation development near the existing Community Centre in Guthrie. An updated strategic plan for how these lands should be developed is pivotal to the Township's future recreation provision. Community Halls— The Township currently owns five small community halls located in some of the smaller hamlets in the municipality which are operated by Boards of volunteers. Although volunteers are heavily invested in the management, operation, marketing, scheduling and programming of community halls, the current model is neither successful nor sustainable. Rather than providing essential community programming, most volunteer time is invested to host events simply to raise funds to cover operating costs and support minor capital improvements and upgrades. The current policies for cost recovery are not being met nor are they sustainable. The buildings and operating model also present a number of risk considerations. The size and location of the Halls also present a number of limitations in meeting the needs of the community. There is a need to review future direction associated with the Township's community halls. Ageing Infrastructure— In addition to the ageing community halls, there is additional infrastructure needs which need to be addressed. While the current Community Centre and arena underwent a renovation in 2014, the time will come when the building will require replacement. This is the case with a number of other small township-owned assets. A facility replacement strategy is required to ensure the recreation needs are being met. It is anticipated that this review will assist in defining levels of service (along with resource requirements) and assist the Township with the refinement of its Asset Management Plan. Township of Oro-Medonte Page 9 of 61 RFP #: OCS2021-08 Page 125 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference Volunteerism — The Township relies heavily on the involvement of volunteers for many of the services provided to the community. From the outdoor rink program, to the Horticultural Society managing the gardens, to the various sports agencies that provide organized sports, a community development model of program provision has been the current practice. With the continued steady decline of volunteerism seen across the country, this method of service provision is not sustainable. Impact of COVID-19— It has yet to be determined how the pandemic will impact recreation and leisure behaviours going forward. The potential lasting impacts of the pandemic needs to be considered as part of the recommendations. Changing community needs—As the Township continues to grow and change, so too do the needs and demands from more modern parks and recreation infrastructure as well as leisure programming. The current and future needs must be assessed through a fulsome stakeholder and community consultation program and service level analysis. The Township proposes to retain a qualified consultant to prepare the Parks and Recreation Master Plan that will assess current and future recreation and leisure needs that will guide policy development, service levels, future budget allocations and project/service level prioritization. Proposals, rather than tenders, have been requested in order to allow proponents a more flexible opportunity to employ their expertise and innovation in addressing the Township's needs. Background reports and guiding documents (available on Township website or upon request) Township of Oro-Medonte 2021-2022 Operating Budget and 5 Year Capital Plan Township of Oro-Medonte Official Plan 2021 (In development) Township of Oro-Medonte Strategic Facility Plan 2010 Township of Oro-Medonte Council Strategic Plan (2018- updated plan under development) County of Simcoe Trails Strategy (2014) Citizen satisfaction survey (2016) 3. Timeframe of Project The project shall commence with the award of the Contract. It is the Township's intention to have a draft report completed by the end of January 2022. 4. Scope of Work/ Deliverables ■ Provide comprehensive goals, objectives, standards and guidelines for efficient operations of recreation and leisure services. ■ Make recommendations on short and long-range planning as they pertain to recreation, parks, trails, facilities, programs, arts & culture, special events, Township of Oro-Medonte Page 10 of 61 RFP #: OCS2021-08 Page 126 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference volunteer management and all related services. ■ Provide policy recommendations for the development of future and upgrading of existing parkland and recreational facilities. ■ Provide policy recommendations for inclusion in the Official Plan Review. ■ Compile a comprehensive inventory of existing parks (Township, Private, Other Public Lands e.g. County Forests, and Provincial Lands), facilities, programs and services. Liaise with Township GIS personnel to update Parks and facility inventory mapping. ■ Review and make recommendations on parkland acquisition policies and development standards. ■ Develop technical and maintenance standards for all facilities and apply the standards to existing facilities. ■ Adopt a strategy and standards for the provision of recreation facilities in Oro- Medonte that addresses the character of the community, and the social and economic conditions of the Township that will effectively respond to the demands and delivery of recreation facilities and services now and in the future. ■ Establish service level considerations and recommendations identifying resourcing and key performance indicators for all current and future service areas. ■ Develop implementation plans for the Guthrie lands and plans for Craighurst Secondary Plan park development. Planning Context ■ Location and Settlement Pattern ■ Community Profile (age structure, socio-demographic characteristics) ■ Population Growth and Change Expectations ■ Local Demand and Trends (overview of consultation results, technical analysis of demand indicators, and any other relevant information) ■ Trends and Best Practices ■ Active Transportation ■ Recreation Services Delivery System Overview ■ Parks and Open Space Profile/Overview ■ Facilities Profile/Overview ■ Culture, Recreation Programs and Services Profile/Overview The Recreation Services Delivery System - Analysis and Recommendations ■ Roles, Relationships and Partnerships ■ The Preferred Recreation Service Model (including purpose) Township of Oro-Medonte Page 11 of 61 RFP #: OCS2021-08 Page 127 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference ■ Marketing and Communication ■ Volunteer Development ■ Ongoing Planning and Research ■ Details review of current and future service level considerations ■ Policy Development regarding programs, fees, facilities, etc. Parks and Open Space — Analysis and Recommendations ■ Parks and Open Space Hierarchy/Classification System and develop a parkland maintenance standards and service level/resource considerations ■ Updated mapping of all parks, trails and amenities including private parklands and other public parklands i.e. County of Simcoe Forests, Copeland Forest and Provincial Parks, Nature Conservancy of Canada Lands, Conservation lands. ■ Planning Guidelines/Policies, Provision Standards and Parkland Acquisition ■ Approach to Parkland Development and Redevelopment (specifically in areas of new development such as the Craighurst area) ■ Description and Analysis of the Parks and Open Space System (characteristics, quality, quantity and distribution — based on recommended hierarchy/classification system — and including all providers) ■ Open Space Linkages and Recreational Trails ■ Identification of Surplus Municipal Parkland and Strategy for Divestment (including criteria for decision making) ■ Assess current inventory and potential surplus lands which could be considered for divestment with funds reinvested to provide greater community benefit. Culture and Recreation Programming - Analysis and Recommendations ■ Assessment of the Current Approach to Program Provision ■ Identification of the Types of Programming Offered ■ Gap Analysis (current and trending) ■ Recommended Approach to Program Provision and service level/resource considerations. Indoor Culture and Recreation Facilities —Analysis and Recommendations (including an asset management plan - provide operating costs and cost recovery and facility replacement schedule, where applicable and possible) ■ Indoor Facilities — including ice facilities ■ Aquatic Facilities ■ Multi-facility Community Centres ■ Community Halls, Gymnasia and other Multipurpose Space ■ Fitness Facilities ■ Arts/Cultural Facilities Outdoor Recreation Facilities — Analysis and Recommendations (including an asset management plan - provide operating costs and cost recovery and facility replacement schedule, where applicable and possible) ■ Ball Diamonds Township of Oro-Medonte Page 12 of 61 RFP #: OCS2021-08 Page 128 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference ■ Playing/Rectangular Fields ■ Outdoor Skating Rinks and Paths ■ Outdoor Swimming Pools and Beaches ■ Picnic Areas and Pavilions ■ Playground Structures ■ Water Play Facilities ■ Boat Launches and Waterfront Access (summer and winter recreation) ■ Racquet Courts (including tennis and pickle ball) ■ Sport Courts ■ Skateboard Facilities ■ Mountain Bike Trails ■ Walking Trails ■ Rail Trail ■ Outdoor Exercise Equipment/Areas Active Transportation and Trail Plan — Analysis and Recommendations ■ Complete an inventory and functionality of the Township's trail system (Township, County, Provincial, and Private) and management models. ■ Identify considerations/needs for future trail development and linkages ■ Review current Rail Trail use/permitted uses and assess future trail needs including feasibility of hard surfacing, permitted uses and any additional connections. ■ Review and provide recommendations for Official Plan policies as it relates to active transportation. Recommend any By-law updates. Tourism and Special Events — Analysis and Recommendations (how are they managed and what municipal resources are required to host appropriately) ■ Large scale tourism events (Boots & Hearts, Warrior Dash, Cycling competitions, etc.) ■ Smaller community based events. Human Resources / Financial— Analysis and Recommendations ■ Review current human resourcing and provide recommendations to address current and future levels of service. ■ Thoroughly review considerations for service levels and resource considerations. Include review best practices and benchmarking. ■ Review financial considerations relating to any proposed changes in levels of service and anticipated growth within the portfolio. ■ Where appropriate recommended key performance indicators to ensure efficient and effective delivery of service levels. Policy Revisions — Recommendations (including but not limited to) ■ Community Hall Management and Operations ■ Park Development and Divestment/ Reinvestment Strategy ■ Volunteer Engagement/Management ■ Cash-in-lieu and Parkland Development Policies Township of Oro-Medonte Page 13 of 61 RFP #: OCS2021-08 Page 129 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference ■ Active Transportation ■ Parkland By-law ■ Waterfront parking Implementation Strategy ■ Flexibility and Timing ■ Co-operation and Collaboration ■ Keeping the Master Plan Current (how, regular review and modification) ■ Timing and Cost Community involvement Community involvement and participation will be a key element of the study process. The consultant will facilitate public input and consultation; inform and involve the public, including community organizations, sport groups, private citizens, landowners, and others who have interest in recreation and parks programs and facilities. Given the ongoing pandemic, the consultant will recommend an appropriate approach for involving the public and key community stakeholders. This may include but is not limited to virtual meetings, focus groups, surveys, interviews, workshops, etc. At least three (3) public consultations will be required, along with three (3) meetings with Township Council. In addition to community consultation, as noted above, the consultant should identify anticipated meetings with staff/steering committee or other non-municipal stakeholders during the study process. General The successful Proponent will provide as a minimum: • A draft and final version of the Parks and Recreation Master Plan addressing the outcomes/deliverables as set forth in Section 4. Both draft and final versions shall be provided to the Township in electronic pdf and hard copy versions; all data sets (eg. inventory and asset list) are to be provided in excel format, and spatial data provided in SIDE format. • The proposal shall allow for three presentations to Council as follows: 1) At the onset to discuss project, approach and deliverables; 2) Mid-way to present findings and emerging recommendations; 3) To present draft report. The proposal shall identify meetings with staff at appropriate milestones. 5. Contents of Proposals The Request for Proposal response submission shall include at a minimum the Township of Oro-Medonte Page 14 of 61 RFP #: OCS2021-08 Page 130 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference following information and shall be submitted in the same format outlined: The submission contents included must be submitted in full in four (4) complete 8 '/2 x 11 paper hard copies with binding, one (1) clearly marked `original', four (4) clearly marked `copy' and one electronic copy in a single, unrestricted PDF format on a CD or USB key: a. Table of Contents, at the front of the submission b. Completed Proponent Information Form c. Company Background and Relevant Experience: a) Provide an outline of your company background and experience in relation to this municipal project; b) Provide information on similar projects, which your company has been involved with, including references; c) Describe the unique strengths that your firm can bring to the project and how these set your firm apart from others. d. Personnel Summary: a) Provide information related to the qualifications and experience of the personnel who will be assigned to work directly on this project, including resumes, documentation of accreditation and/or letters of reference. e. Work Plan and Timelines a) Provide a detailed work plan of the services to be provided, including all of the tasks, milestones and timelines. Indicate the personnel responsible for each task. The work plan schedule should have sufficient details to clearly demonstrate a full understanding of the timelines and complexities associated with the completion of the project. f. Completed Form of Proposal g. Completed Schedule II — List of References h. Completed Conflict of Interest Form i. Completed AODA Declaration Form j. Budget a) Provide a detailed budget sheet with number of hours, hourly rates and totals assigned to each individual personnel assigned to this project. Note provisional items and costing where appropriate; b) Identify any out of pocket expenses & disbursements; Township of Oro-Medonte Page 15 of 61 RFP #: OCS2021-08 Page 131 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part I Project Terms Of Reference c) Identify any sub-consultant(s) that will be used on the project and appropriately include their fees in the detailed budget sheet; d) Completed Schedule I — Proposed Pricing Schedule Township of Oro-Medonte Page 16 of 61 RFP #: OCS2021-08 Page 132 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents 1. Delivery of Proposals The Form of Proposal, together with all supporting documentation, enclosed in an envelope bearing the name of the Proponent and sealed with the submission label provided herein affixed to the envelope, shall be received; date and time stamped at the Township of Oro-Medonte Administration Office, 148 Line 7 South, Oro-Medonte, ON, LOL 2EO no later than 12.00.00 p.m. (noon) local time, on April 30, 2021. Proposals time stamped 12.00.01 p.m. (12.00.01 hours) are late and shall be deemed non-compliant and shall be returned to the Proponent unopened. Proposals delivered in person, or by a courier service, without the submission label affixed to the envelope, or Proposals that are not delivered to the designated location by the Proponent or courier service may be rejected. Delivery of the Proposals through a courier service shall be the responsibility of the Proponent and shall result in the Proposal being rejected if: a. the Proposal is not delivered to the location stated on the envelope; b. the Proposal envelope is delivered to the Township after the Closing Time. All Proposals shall be irrevocable and shall remain open for acceptance, at the prices quoted, for up to ninety (90) calendar days from the Closing Time. In submitting a Proposal, each Proponent agrees that, notwithstanding anything to the contrary, the Township may notify the successful Proponent at any time within the ninety (90) calendar days that it's Proposal has been accepted. The time on the Township's Network Telephone System at the Customer Service Representative's desk will determine the Closing Time of the RFP. 2. Electronic Submissions Electronically transmitted submissions (facsimile, e-mail, etc.) will not be accepted for this RFP. 3. Proposal Schedule Task Date Issue of Request For Proposal March 30, 2021 Receipt of Proponents Questions April 9, 2021 Response to Proponents Questions April 16, 2021 RFP Closing Time April 30, 2021 noon Tender Award June 2, 2021 Project Start June 7, 2021 Project Completion January, 2022 Township of Oro-Medonte Page 17 of 61 RFP #: OCS2021-08 Page 133 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents Note: Although every attempt will be made to meet all the dates, the Township reserves the right to modify any or all dates at is sole discretion. 4. Competition Intended It is the Township's intent that this Request for Proposal (RFP) process permits competition. It shall be the Proponents' responsibility to advise the Director, Operations and Community Services in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received no later than seven (7) calendar days prior to the date set for RFP Closing Time. 5. Enquiries All enquiries concerning this Proposal, including specifications, process and results are to be directed in writing (e-mail) through: Shawn Binns, Director, Operations and Community Services sbinns(a)oro-medonte.ca Enquiries shall not be directed to any other Township employee. If required, Proponents who wish to submit questions must do so in writing. All inquiries shall be e-mailed directly to sbinns(a-)oro-medonte.ca, and receipt of the inquiries shall be provided. No clarification requests will be accepted by telephone. A transcript of the questions and answers will be made available, via the method authorized for advertising the RFP, on or before the date as listed in this document. Questions or clarification will be answered individually in writing in a transcript, but response(s) to any question that modified the scope of this document will be issued as an Addendum and circulated via the method authorized for advertising the RFP. 6. Addendum/Addenda Addendum/Addenda, if required, will be issued by the Director, Operations and Community Services and shall hereby form part and parcel of the Contract Documents. Failure to acknowledge or respond to Addendum/Addenda issued may result in a non-compliant submission. All Addendum/Addenda should be issued to the Proponents forty-eight (48) hours prior to the Closing Time. It is the responsibility of the Proponent to ensure they have received all Addendum/Addenda that have been issued. The Township of Oro-Medonte will assume no responsibility for oral instructions or suggestions. Township of Oro-Medonte Page 18 of 61 RFP #: OCS2021-08 Page 134 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents Prior to submitting their Proposal, Proponents should check the Township's website (www.oro-medonte.ca) to verify they have received all Addenda. 7. Site Meeting A site meeting is not required for this RFP. 8. Mandatory Proposal Requirements Failure to adhere to the following Mandatory Proposal Requirements shall result in the Proposal being declared a non-compliant Proposal: i. Proposals shall be received in a sealed envelope, as set out in the RFP, by the Owner prior to the stated Closing Time; ii. Proposals shall be submitted complete and in the original Form of Proposal, as supplied, without any unauthorized alterations, additions, deletions or qualifying statements made to or provided with the Form of Proposal. iii. The Form of Proposal shall be `original' with an `original' signature(s) that is signed in the spaces provided by a duly authorized official of the Proponent; iv. Bid Security and/or Contract Security, Surety Consent Form or Letter of Credit or Certified Cheque issued by or to be drawn against an Ontario based Surety Company and/or Canadian chartered bank shall be submitted with the Form of Proposal and shall reflect the correct amount. v. The Proponent shall attend all mandatory site meetings, if applicable; and vi. The Proponent shall be previously qualified under a related pre-qualification process. If the Proposal is a joint submission of two (2) or more Proponents, a single Proposal is to be coordinated and submitted by one (1) Proponent, who shall be identified as the "Lead Proponent" and shall take full responsibility for all associated Proponents. Signatures on behalf of a non-incorporated body or by individuals shall be witnessed. In the case of an incorporated company, the corporate seal shall be affixed to the Form of Proposal adjacent to the authorized signature. 9. Checking of Proposals Proposals opened are checked by the Corporate Services Department to ensure that: i. the required Bid security is provided and properly executed, if applicable; ii. all Proposals submitted comply with the Mandatory Proposals Requirements; Township of Oro-Medonte Page 19 of 61 RFP #: OCS2021-08 Page 135 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents iii. all arithmetic extension calculations are correct; iv. where there is an obvious error in extensions, additions or computations, the Township shall be entitled to correct such errors based on the unit prices supplied, and the corrected total shall be considered as representing the intention of the Proponent, and shall be used as the basis for comparison of Bids. For greater certainty, any failure by a Proponent to insert a unit price where required shall be deemed to be a $ "0" value; v. all items as specified have been bid on; vi. all strikeouts, erasures or overwrites are initialed by an authorized person; vii. no claims or litigation proceedings have been instituted by the Proponent against the Township, or in turn by the Township against the Proponent, and viii.all addenda have been acknowledged on the Form of Proposal in the space provided. In any of the above circumstances where there are obvious or patent errors such as misplaced decimals, the Owner shall consider the intent of the Proponent. 10. Late Submission Proposals received after the Closing Time will not be considered during the selection process and will be returned unopened to the respective Proponent. 11. Proposal Opening Proponents are advised there will not be a public opening for this Request for Proposal. Proposals received, by the date & time of closing, will be opened administratively by respective members of the Corporation and/or the Evaluation Team, at a time subsequent to the closing. 12. Amendment of Proposals Proponents who have submitted a Proposal may amend it up to the Closing Time by submitting a replacement Proposal. Amended Proposals must be sealed and submitted in accordance with all other requirements included in this document. The amended Proposal will clearly be marked "Amended" and should clearly indicate that it replaces any other submitted version. In the case of a discrepancy, the Township will deem the last Proposal received prior to the Closing Time, to be the valid Proposal. 13. Right to Accept or Reject Proposal The Corporation of the Township of Oro-Medonte reserves the right to accept any Township of Oro-Medonte Page 20 of 61 RFP #: OCS2021-08 Page 136 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents Proposal, in whole or in part, that it feels most fully meets the selection criteria. Therefore, the lowest cost Proposal, or any Proposal may not necessarily be accepted as per The Township of Oro-Medonte's Purchasing and Tendering Procedures By-law# 2004-112. Township staff shall evaluate all Proposals received by the Closing Time and make evaluations and recommendations for acceptance. 14. Proposal Evaluation An Evaluation Committee will evaluate each of the Proposals received in accordance with the evaluation criteria as set out in the RFP Document. The Committee reserves the right to enter into further discussions in order to obtain information that will allow the Committee to reach a decision with a Proponent, and to waive irregularities and omissions if, in doing so, the best interest of The Township will be served. 15. Evaluation Criteria It is the responsibility of the proponents to provide sufficient information in the Proposal to exhibit required abilities. Proponents are cautioned that organization of their response, as well as thoroughness is critical to the evaluation process. All required information should be furnished and presented in an organized, comprehensive and easy to follow manner. Selection of a Proposal will be based on, but not solely limited to, the following criteria and weighting: Item Evaluation Criteria Points 1 Quality and Completeness of Proposal 15 2 Relevant Experience 20 3 Budget 25 4 Work Plan and Timelines 15 5 Personnel Summary and Company 20 Background 6 Client References 5 Total Available Points 100 Proposals will be assessed on the basis of information provided by the Proponent at the time of submission and shall take into account subsequent interviews with the Proponent as may be required. Proposals will be evaluated on the basis of the following criteria. Each criteria will be scored 1 through 5 with 5 being the best score. Each criteria has been assigned a weighting factor that represents the significance relative to other criteria. The scores Township of Oro-Medonte Page 21 of 61 RFP #: OCS2021-08 Page 137 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents for the criteria will be multiplied by the weighting factor assigned and the results will be totaled out of 100. Criteria: Note: Refer to the Form of Proposal for specifics relating to content requirements of the Proposal. 1. Quality and Completeness of Proposal: 1 2 3 4 5 /15 Priority Factor: 3X 2. Relevant Experience: 1 2 3 4 5 /20 Priority Factor: 4X 3. Budget: 1 2 3 4 5 /25 Priority Factor: 5X 4. Work Plan and Timelines: 1 2 3 4 5 /15 Priority Factor: 3X 5. Personnel Summary and Company Background: 1 2 3 4 5 /20 Priority Factor: 4X 6. Client References: 1 2 3 4 5 /5 Priority Factor: 1 X Total Score out of 100 Proposal evaluation results are the property of the Township. The Township will not disclose evaluation results, under any circumstances, either before, during, or after the RFP process. An award of an Agreement, if any, shall be based on the evaluation results. By responding to this RFP, Proponents agree to accept the recommendations of the Evaluation Committee as final and binding. 16. Presentation & Interview The Township reserves the right to interview any or all of the Proponents that submit a Proposal to provide the Evaluation Committee with additional insight into the Proponent's ability to meet the requirements as requested in the RFP. If required, the interviews would be conducted by representatives of the Evaluation Committee at the Township of Oro-Medonte Administration Centre or in a virtual meeting within seven (7) calendar days of the RFP closing time and shall follow this general format: c. Introduction of Proponent's Project Team (5 minutes) d. Proponent Presentation of the Proposal (15 minutes) e. Questions from Evaluation Committee (15 minutes) f. Questions from Proponents (5 minutes) Township of Oro-Medonte Page 22 of 61 RFP #: OCS2021-08 Page 138 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents Proponents will be notified of the final format for interviews/presentations in advance. 17. Award Determination Consideration for award shall only be undertaken in relation to Proponents who are determined by the Township to have satisfied all the requirements. The Evaluation Committee hereby reserves the right, privilege, entitlement and absolute discretion, and for any reason whatsoever to: i. Recommend acceptance of a Proposal which is not the lowest Proposal submission, or recommend rejection of a Proposal that is the lowest Proposal even if it is the only Proposal received; ii. Recommend acceptance of the Proposal deemed most favourable to address the scope of work; iii. Recommend acceptance or rejection of any and all Proposals, whether in whole or in part; iv. Recommend acceptance or rejection of any unbalanced, irregular, or informal Proposals; or v. Recommend rejection of any Proponent who is involved in litigation with the Township. The Evaluation Committee reserves the right to consider, during the evaluation of Proposals: vi. Information provided in the Proposal itself; vii. Information provided in response to enquiries of credit, experience and industry references set out in the Proposal; viii.Information received in response to enquiries made by the Owner of third parties apart from those disclosed in the Proposal in relation to the reputation, reliability, experience and capabilities of the Proponent; ix. The manner in which the Proponent provides services to others; x. The experience and qualification of the Proponent's senior management, and project management; xi. The compliance of the Proponent with the Owner's requirements and specifications; or xii. The Proponent acknowledges that the Owner may rely upon the criteria, which Township of Oro-Medonte Page 23 of 61 RFP #: OCS2021-08 Page 139 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents the Owner deems relevant; even though such criteria may not have been disclosed to the Proponent. By submitting a Proposal, the Proponent acknowledges the Owner's rights under this section and absolutely waives any right, or cause of action against the Owner, by reason of the Owner's failure to accept the Proposal submitted by the Proponent, whether such right or cause of action arises in Project, negligence, or otherwise. 18. Negotiation The Township may award the contract on the basis of the tenders received, without discussion. Each tender should therefore contain the Bidder's best terms and complete detailed information. The Township reserves the right to enter in to negotiations with any selected Bidder(s). If the Township and the selected Bidder(s) cannot negotiate a successful agreement, the Township may terminate the negotiations and begin negotiations with the next selected Bidder(s). This process will continue until an agreement has been executed or all of the Bidder(s) have been rejected. No Bidder shall have rights against the Township arising from negotiations. 19.Execution of Award The Successful Proponent, if any, shall sign the Contract in triplicate (3), within seven (7) calendar days of written notification of acceptance. The following completed documents, as listed, shall be submitted prior to or at the time of signing: a. Agreement signed and sealed in triplicate; b. Contract Security, if applicable; c. current Insurance Certificate; d. a current copy of the Workplace Safety and Insurance Board Certificate of Clearance; e. Payment Information, if applicable; f. AODA Declaration Form and; g. Any other documentation requested within this RFP. 20. Order of Precedence The Successful Proponent understands that the Contract shall consist of the following documents, ranked in order of priority, from highest to lowest: a. the duly signed Agreement preceding the Schedules; b. Township's Change Orders (including any purchase orders issued for these Change Orders); c. the Schedules of the Agreement; d. any addenda to the RFP; e. the RFP Document; Township of Oro-Medonte Page 24 of 61 RFP #: OCS2021-08 Page 140 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents f. any modifications to the Proposal acceptable to the Township, in its sole discretion; and g. the Proposal submitted by the Proponent. The Contract shall constitute the entire agreement between the parties pertaining to the subject matter of this RFP and shall supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the parties or any documentation that may otherwise accompany the Work. Any conflict or inconsistency between the components of the Contract shall be resolved, to the extent of any conflict or inconsistency, in accordance with the order of authority stated above. The Township reserves the right to include additional terms and conditions during the process of Contract negotiations. These terms and conditions shall be within the scope of the original RFP and Contract documents and will be limited to cost, clarification, definition and administrative and legal requirements. 21. Alternative Dispute Resolution. (a) If requested in writing by either the Township or the Proponent, the Township and the Proponent shall attempt to resolve any dispute between them arising out of or in connection with this Contract by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of ninety (90) calendar days with the mediator, the dispute shall be referred to and finally resolved by arbitration under the rules of the province having jurisdiction or by an arbitrator appointed by the agreement of the parties. (b) No person shall be appointed to act as mediator or arbitrator who is in any way interested, financially or otherwise, in the conduct of the work on the project or in the business or other affairs of either the Township or the Proponent. (c) The award of the arbitrator, including an award for costs if applicable, shall be final and binding upon the parties. (d) The provisions of the Arbitration Act, 1991, S.O. 1991, Chapter 17, as amended shall apply. 22. Contract Additions & Deletions The Township reserves the right to add and/or delete any item(s) from the Contract. Deletions will not result in any penalty in any form. 23. Proponent Qualifications Qualified Proponents are those which: ■ Have sufficient facilities and resources to meet the Township's needs; Township of Oro-Medonte Page 25 of 61 RFP #: OCS2021-08 Page 141 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents ■ Will provide all of the Township's key service requirements; ■ Demonstrate reasonable flexibility and willingness to work with the Township as a business partner; ■ Have demonstrated sufficient technical and management knowledge and experience to deliver expected outcomes; ■ Have experience with clients requiring services of a similar scope and complexity as the Township of Oro-Medonte and provide contact details for these clients. 24. Proponent's Statement of Understanding It is understood that Proponents have carefully examined all of the Contract Documents and have carefully examined the Work to be performed under the Contract if awarded. The Proponent also understands and accepts the said Contract Documents, and for the prices set forth in the Proposal to be firm for the length of the project. 25. Term of Contract The term of contract will become effective upon award to the successful Proponent(s) and shall remain in effect for the entire period of the work. 26. Irrevocability of Proposals By submission of a clear and detailed written notice, the Proponent may amend or withdraw its Proposal prior to the closing time. Upon closing time, all Proposals become irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be deemed successful the Proponent will enter into a Contract with the Township. 27. Errors and Omissions No oral interpretation shall be effective to modify any provisions of the Contract Documents. Any modification or clarification shall be by written Addendum. The Addendum(s) shall form part of the Contract Documents. 28. Proponents Expenses Proponents are solely responsible for their own expenses in preparing a Proposal and for subsequent negotiations with the Township, if any. If the Township elects to reject all Proposals, the Township will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the Proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 29. Changes to Proposal Wording The Proponent will not change the wording of its Proposal after closing and no words or comments will be added to the Proposal unless requested by the Township Township of Oro-Medonte Page 26 of 61 RFP #: OCS2021-08 Page 142 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents for purposes of clarification. 30. Price Components All prices will be quoted in Canadian Funds. Prices must be expressed in accordance with the unit of measure specified in the document. Prices documented shall be net prices including transportation and delivery charges fully prepaid by the Proponent to any specified destination within the limits of the Township, unless a breakdown is requested on the Schedule I Proposed Pricing Schedule. The Township reserves the right to correct patent computational or other mathematical errors evident on the face of the bid; however unit prices will not be adjusted. 31. Freedom of Information All Proposals submitted to the Owner become the property of the Owner and as such, are subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"). All correspondence, documentation and information provided to staff of the Township by any Proponent in connection with, or arising out of this RFP, and the submission of any Proposal will become the property of the Township and as such is subject to MFIPPA, and may be released, pursuant to the Act. The Proponent's name at a minimum shall be made public upon request. In-line with MFIPPA, Proponents are advised to identify in their Proposal material, any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Any information in the Proponent's submissions that is not specifically identified as confidential will be treated as public information. All correspondence, documentation and information provided to the Evaluation Committee may be reproduced for the purposes of evaluating the Proponent's submissions to this RFP. 32. Bribery/Fraud Should any prospective Proponents or any of their agents give or offer any gratuity or to attempt to bribe any employee of the Owner, or to commit fraud, the Owner shall be at liberty to cancel the prospective Proponent's Proposal and to rely upon the Bid Security submitted for compensation, if applicable. 33. Cancellation i. In the event the Successful Proponent does not comply with the specifications, terms and conditions, and scope of work, at any time throughout the duration of Township of Oro-Medonte Page 27 of 61 RFP #: OCS2021-08 Page 143 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents the Contract, the Contract shall be cancelled in accordance with the terms contained herein. ii. The Owner upon non-performance of Contract terms may cancel the Contract; however, in doing so, the Owner does not waive its right to rely upon any obligations or commitments agreed to by the Proponent as part of their Proposal. The Proponent remains liable for the difference between the next acceptable Proposal of goods and/or service Proposal prices. iii. Where there is a question of non-performance, payment in whole or in part may be withheld at the discretion of the Owner. This action shall not prevent the Owner from taking early payment discounts otherwise applicable. 34. Insurance The successful Proponent shall maintain and pay for Commercial General Liability Insurance with an insurer acceptable to the Owner. The coverage shall include premises and all operations liability to be performed by the Proponent. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. i. The CGL policy shall include The Corporation of the Township of Oro- Medonte_as an additional insured in respect to all operations performed by or on behalf of the Successful Proponent. ii. The Successful Proponent shall be entirely responsible for the cost of any deductible, which is maintained in any insurance document. iii. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Owner. In addition, Professional Liability Insurance is required, in an amount of not less than Two Million Dollars ($2,000,000) inclusive per claim. All required insurance would be endorsed to provide the Township within 30 days advance written notice of cancellation or material change. The Service provider will provide the Township with evidence of the required insurance, in the form of a completed Certificate of Insurance, immediately following execution and delivery of the Contract. Where applicable the successful Proponent shall carry standard automobile and non- owned automobile liability insurance and shall protect themselves against all liability arising out of the use of owned or leased vehicles, used by the Successful Proponent, its employees or agents. The limits of the liability for both owned and non-owned vehicles shall not be less than Two Million Dollars ($2,000.000.00) per occurrence. 35. Workplace Safety and Insurance Board (WSIB) The successful Proponent shall be required to supply a Certificate from the Workplace Township of Oro-Medonte Page 28 of 61 RFP #: OCS2021-08 Page 144 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents Safety and Insurance Board prior to the start of the Contract and thereafter upon request during the life of the Contract indicating that all of the assessments the successful Proponent or any sub-consultant is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and they are in good standing with the Board. Effective January 1, 2013, Bill 119 legislates that all Consultants, Contractors and Sub-Contractors, categorized under Class G: Construction, shall have a WSIB account and clearance coverage prior to commencing any Contract. Alternatively, if the Successful Proponent is an Independent Operator and is not categorized under Class G: Construction, the Successful Proponent must submit a letter from the WSIB, confirming that s/he has Independent Operator Status under the WSIB Act. If the Successful Proponent does not have Independent Operator Status, the Successful Proponent shall; I. Complete an Independent Operator Status Questionnaire upon being awarded the Contract; and, II. fund all costs associated with any appeal of a determination by WSIB that the proponent/contractor is not an Independent Operator; and, III. provide proof of Employer's Liability Insurance in an amount not less than two million dollars ($2,000,000) per occurrence (provided either by WSIB or the successful Proponent's insurance provider). The Successful Proponent acknowledges and agrees that the Township is not hiring an employee(s) to perform the work associated with this RFP. As such, the Township reserves the right to terminate all Contracts associated with this RFP if all appeals have been exhausted and the Successful Proponent is determined by WSIB or court or tribunal of competent jurisdiction to be an employee. 36. Regulation Compliance and Legislation The Successful Proponent shall ensure all services and products provided in respect to this Contract are in accordance with and under authorization of all applicable authorities, Municipal, Provincial and Federal legislation, including but not limited to: ■ The Occupational Health and Safety Act and its regulations; ■ The Workplace Safety & Insurance Act and its regulations; ■ The Municipal Act and its regulations; 37. Laws of Ontario Any Contract resulting from this Request for Proposal will be governed by and will be construed and interpreted in accordance with the laws of the Province of Ontario. 38. Indemnification The Successful Proponent shall indemnify and save harmless the Owner, its Agents Township of Oro-Medonte Page 29 of 61 RFP #: OCS2021-08 Page 145 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents and employees from and against any and all liability whatsoever for losses, liens, charges, claims, demands, payments, suits, actions, recoveries and judgments (including legal fees and expenses) of every nature and description brought or recovered against either the Owner, its Agents and employees, or the Successful Proponent by reason of a negligent act, error or omission of the Successful Proponent, its Agents, employee or licensees in providing the services, including, without limiting the generality of the forgoing, loss or damage to property, injury or the death of any persons, alleged copyright, patent or other intellectual property rights infringement or interference, defective design or damage to the environment. 39. Force Majeure Neither party shall be responsible for any delay or failure to perform its obligations under the Contract where such delay or failure is due to fire, flood, explosion, war, embargo, Governmental action, Act of Public Authority, Act of God, or to any other cause beyond its control, except labour disruption. In the event Force Majeure occurs, the party who is delayed or fails to preform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause. Should the Force Majeure event last for longer than 30 calendar days, the Owner may terminate this Contract by notice to the successful Proponent without further liability, expense or cost of any kind. 40. Severability Should any term or portion of this Contract be found to be invalid or unenforceable, the remainder shall continue to be valid and enforceable. 41. Termination of Contract The Owner may terminate this contract at any time without penalty upon giving written notice to the Proponent, if, in the sole opinion of the Owner, the Proponent is unable to deliver the service as required, the Proponent's performance of the service is persistently faulty or below the required standard, or, the Proponent becomes insolvent or commits an act of bankruptcy. 42. Termination by Notice The Owner may terminate this contract at any time upon notice to the Proponent, whereupon the Owner shall only be liable for any Proponents fees and expenses for satisfactorily completed work up to the date of the termination and not thereafter. 43. Termination for Cause The Owner reserves the right in its sole discretion to terminate this contract, in whole or in part, at any time, without penalty, expense or further liability of any kind: Township of Oro-Medonte Page 30 of 61 RFP #: OCS2021-08 Page 146 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents a. At any time, upon notice to the Proponent, for a major breach of the terms of this Contract by the Proponent; b. At any time, upon notice to the Proponent, following the failure of the Proponent to satisfactorily remedy, repair or replace any defector or deficiency in the Proponent's performance of the Contract, after having been given notice to do so by the Owner; c. At any time if the Proponent makes an assignment for the benefit of its creditors, a proposal of compromise with its creditors, a declaration of its voluntary bankruptcy or insolvency, a placing or its cessation or winding up of its business, in whole or in part; d. At any time if a Force Majeure event preventing performance of the Contract by either party continues for longer than thirty (30) consecutive days; or e. As otherwise provided in this Contract. The Owner's rights of termination shall be in addition to any other rights or remedies it may have in law, in equity or under this Contract. 44. Suspension of Work The Owner may in its sole discretion at any time upon notice to the Proponent in writing suspend the performance of the Work, in whole or in part, for a specified or unspecified time. Upon receiving notice of the suspension, the Proponent shall immediately suspend all operations concerning that identified portion of the Work except such Work as is necessary in the opinion of the Owner to care for, preserve and protect the Work. During the period of suspension, the Proponent shall only be entitled to be reimbursed for its reasonable, proper and actual expenses in caring for, preserving and protecting the Work. Should the period of suspension of the Work, in whole or in part, last longer than thirty (30) calendar days or such longer period as the parties may agree upon in writing, either party to the contract may consider the contract to be terminated by mutual agreement without further liability. 45. Suspension In Future In the event the Proponent fails to provide quality service, equipment or personnel, as determined by the Owner in its Sole discretion, the Proponent may be deemed ineligible for similar work in future competitions for contracts issued by the Owner. 46. Failure to Comply with Owner Decisions If the Proponent fails to comply with any decision or direction of the Owner made pursuant to the Contract, the Owner may, upon notice to the Proponent, employ such Township of Oro-Medonte Page 31 of 61 RFP #: OCS2021-08 Page 147 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents methods as the Owner deems advisable to do that which the Proponent failed to do, at the Proponent's cost and expense. The Proponent shall be liable for and shall upon demand pay to the Owner an amount equal to the aggregate of all costs, expenses and damages including the cost of any methods the Owner employed by reason of the Proponent's failure to comply as above. 47. Evaluation of Performance At project completion, the Township will conduct an evaluation of the Proponents overall performance with input from the Township's Inspectors or consultants if applicable. This evaluation will be reviewed with the Proponent and recommendations will be put forward as to the Successful Proponent's overall suitability of future Township of Oro-Medonte work. It must also be noted that while overall performance is being evaluated, the Township reserves the right to suspend a Proponent for extreme or repeated inadequate grades on any issues related to health and safety, compliance with all WSIB provisions, maintenance of employee safety standards, compliance Ministry of Labour regulations. The evaluation shall be placed on file and a copy will be provided to the Proponent. This information may be made available to persons requesting Owner references for the Contract. The Proponent hereby authorizes the maintenance and release of this information. 48. Time is of the Essence The Owner shall have the right to cancel at any time any project or any part of any project resulting from this RFP in respect to the goods, materials, articles, equipment, work or services, covered thereby, not delivered or performed by the specified time in the written document, without incurring any liability whatsoever in respect hereto. "Time is of the essence". 49. Safety Standards It is the responsibility of the Successful Proponent to Work in a safe and orderly manner so as not to constitute any safety hazards. 50. Non-Waiver No condoning, excusing or overlooking by the Owner of any default, breach or non- observance by the Successful Proponent at any time or times in respect of any provision herein contained shall operate as a waiver of the Owner's right hereunder in respect of any continuing or subsequent default, breach or non-observance or so as to defeat or affect in any way the rights of the Owner herein in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Owner save only an express waiver in writing. Any Work completed by the Owner required by this agreement to be done by the Successful Proponent shall not relieve the Successful Proponent of his/her obligations to do that Work. Township of Oro-Medonte Page 32 of 61 RFP #: OCS2021-08 Page 148 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents 51. Non-Assignment The Successful Proponent may not assign this Contract nor any Work to be performed under this Contract or any part hereof without the prior written consent of the Owner. Such written consent however shall not under any circumstances relieve the Successful Proponent of his/her liabilities and obligations under this Contract and shall be within the sole and unfettered discretion of the Owner. 52. Emergency Telephone Number Prior to commencing, the Work, the Successful Proponent shall provide the Owner with the name(s) and telephone number(s) of his/her representative(s) who can be contacted on a 24-hour basis in case of an emergency during the term of the Contract. 53. Personal Property Security Act The Successful Proponent warrants that the goods/inventory/equipment being supplied to the Owner, are free and clear of all liens, charges, encumbrances, mortgages, hypothecations, copyright, patents or any third party statutory claims. 54. Confidentiality of Information Proponents receiving this RFP may not use, disclose, or duplicate it for any purpose other than to prepare a response. Proponents shall keep the Township data confidential and shall not disclose its content to any other party, other than to those internal employees or agents responsible for preparing a submission, without the prior written approval of the Township. Receipt of this RFP does not entitle the Proponent to associate its services with the Township in any way, nor represents in any way that the Township has employed or endorsed the Proponent's services. Any such association or endorsement being contemplated by the Proponent must receive the prior written approval of the Township. The Township will not disclose or share a Proponent's response to this RFP with other Proponents or other organizations. The submission of a Proposal indicates acceptance by the Proponent of all of the conditions contained in this Request for Proposal unless clearly and specifically noted in the Proposal submitted and confirmed in the formal Contract between the Township and the Successful Proponent. Deviations from the Request for Proposal must be clearly identified in the written submission. Proposals are subject to a formal Contract being negotiated, prepared and executed. The Township reserves the right to negotiate the terms and conditions of the Contract. 55. Conflicts of Interest Proponents(s) shall disclose, in their submission, all perceived, potential, and actual Conflicts of Interest. For the purposes of this RFP, "Conflict of Interest" includes: Township of Oro-Medonte Page 33 of 61 RFP #: OCS2021-08 Page 149 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents • any situation or circumstances where, in relation to this RFP and/or the Contract, the Proponent(s) other commitments, relationships or financial interests could or could be perceived to exercise an improper influence over the objective, unbiased and impartial exercise of independent judgment by any personnel of the Evaluation Committee or the Township; • any situation or circumstances where any person(s) employed by the Township in any capacity; • has a direct or indirect financial interest in the award of the Contract to any Proposal(s); • is currently employed by, or is a sub-contractor or a consultant to a Proponent(s); • is negotiating or has an arrangement concerning future employment or contracting with any Proponent(s); • has an ownership interest in, or is an officer or director of, any Proponent(s). If a Proponent(s) discovers, at any time, any perceived, potential, or actual Conflicts of Interest, the Proponent(s) shall promptly disclose the Conflict of Interest by sending a written statement clearly identifying the conflict to Shawn Binns, Director, Operations, and Community Services. Failure of any Proponent(s) to comply with this section may result in the disqualification of the Proponent(s) and the rejection of its submission. Without limiting the generality of the Township's rights, the Township may, in its sole discretion: • exclude any Proponents(s) and its submission on the grounds of Conflict of Interest; • waive any and all perceived, potential or actual Conflicts of Interest upon such terms and conditions as the Township, in its sole discretion, requires to satisfy itself that the Conflict of Interest has been appropriately managed, mitigated and minimized. In the event any Proponent(s) is found to be in a potential Conflict of Interest during the term of the Contract, the Proponent shall disclose the said conflict immediately. The Township reserves the right to request any Proponent(s) cure the conflict to the Township's complete satisfaction. Failure to cure the conflict shall result in disentitlement to any compensation under this Contract. Township of Oro-Medonte Page 34 of 61 RFP #: OCS2021-08 Page 150 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents 56. Township Not Employer The Proponent agrees that The Corporation of the Township of Oro-Medonte is not to be understood as the employer to any Successful Proponent nor to such Successful Proponent's personnel or staff for any work, services, or supply of any products or materials that may be awarded as a result of this RFP. It is understood that the Successful Proponent will act as an independent contractor. 57. Township of Oro-Medonte's Purchasing and Tendering Procedures By-Law # 2004-112 (as amended) It is the responsibility of all Proponents to become familiar with and comply with The Township of Oro-Medonte's Purchasing and Tendering Procedures By-law. The Township's Purchasing and Tendering Procedures By-law can be found on Township's website: www.oro-medonte.ca 58. Working Language The working language of the Township of Oro-Medonte is English and all responses to this Request for Proposal must be English. 59. Intellectual Property All information and data, in any form, together with all designs or materials capable of intellectual property protection, prepared, developed or created by the Proponent, its employees or agents during the performance of and/or pursuant to this work shall automatically become the property of the Township. Proponents and their employees and agents each agree to sign whatever documentation may be necessary to give full force and effect to this paragraph. 60. Accessibility In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service Section 6, every provider of goods and services shall ensure that every person who deals with members of the public or participates in the developing of the service providers policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: 1. How to interact and communicate with persons with various types of disability 2. How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person 3. How to use assistive device equipment that is available on the premises that may help in the provision of accessible goods or services Township of Oro-Medonte Page 35 of 61 RFP #: OCS2021-08 Page 151 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part II Instructions to Proponents 4. What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services 5. Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. Contracted employees, third party employees, agents and others that provide services to the public on behalf of the Township of Oro-Medonte must meet the requirements of Ontario Regulation 429/07 with regard to training under the Accessibility for Ontarians with Disabilities Act (AODA). A document describing your training policy or procedure, a sample copy of training and details of training dates and attendees may be required to be submitted to the Township prior to the commencement of any work. 61. Township of Oro-Medonte Payment Terms The Township payment terms are 30 days from receipt of Invoice and payments will be made by electronic funds transfer (EFT) to the successful proponent. Harmonized Sales Tax (HST) is an extra and shall be identified separately in the Contract Documents and on all invoices. Township of Oro-Medonte Page 36 of 61 RFP #: OCS2021-08 Page 152 of 255 Part ilb.d) OCS2021-14, Shawn Binns, Director, Operations Servic... Form of Proposal Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO RFP#: OCS 2021 -008 Parks and Recreation Master Plan Documents to Be Enclosed With This Form of Proposal ■ Complete Contents of Proposal ■ Proponents Information Form Signed & Sealed ■ Schedule II - List of References ■ Conflict of Interest Form ■ AODA Declaration ■ Budget Upon Award ■ W.S.I.B Certificate (upon award) ■ Certificate of Insurance (upon award) ■ Other information to be included Township of Oro-Medonte Page 37 of 61 RFP #: OCS2021-08 Page 153 of 255 Part ilb.d) OCS2021-14, Shawn Binns, Director, Operations NRC #r�fflBA Servic... Proponents Information Form Proponents must complete this form and include with their Submission. Please ensure all information is legible. 1. Company Name 2. Proponent's Main Contact Individual 3. Address (include postal address) 4. Office Phone # 5. Toll Free # 6. Cellular# 7. Pager# 8. Fax # 9. e-mail address 10. Website 11. HST Account # 12. Will you accept payment by YES: O NO. O Visa? Acknowledgement of Receipt of Addenda This will acknowledge receipt of the following addenda and, that the pricing quoted includes the provision set out in such addenda Addendum # Date Received O Check here if no Addendum received. Township of Oro-Medonte Page 38 of 61 RFP #: OCS2021-08 Page 154 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part III Form of Proposal Conflict of Interest Prior to completing this portion of the Form of Proposal, Proponents(s) should refer to the definition of Conflict of Interest set out in the RFP. Check the box that applies: ❑ The Proponent(s) declares that there is not an actual or potential Conflict of Interest relating to the preparation of its Proposal and/or the Proponent(s) do not foresee an actual or potential Conflict of Interest in performing the services required under the Contract. ❑ The Proponent(s) declares that there is an actual or potential Conflict of Interest relating to the preparation of its Proposal, and/or the Proponent(s) foresees an actual or potential Conflict of Interest in performing the services required under the Contract. If the Proponent(s) declares an actual or potential Conflict of Interest by marking the box above, the Proponent(s) must set out below details of the actual or potential Conflict of Interest: The Proponent(s) agrees that, upon request, the Proponent(s) shall provide the Township with additional information on the Conflict of Interest. Township of Oro-Medonte Page 39 of 61 RFP #: OCS2021-08 Page 155 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part III Form of Proposal To The Corporation of the Township of Oro-Medonte, Hereafter called the "Owner": I/We the undersigned declare: 1 . That I/We represent that no person, firm or organization, other than the Proponent, has any interest in this Proposal or in the proposed Contract for which said Proposal is made. 2. That I/We declare that there is no perceived, potential, and/or actual Conflicts of Interest relating to the preparation of this Proposal and/or I/We do not foresee an actual or potential Conflict of Interest in performing the services required under the Contract, unless otherwise declared. 3. That this Proposal is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Proposal for the same Work and is in all respects fair and without collusion or fraud. 4. I/We represent that no member of the Council, and no officer or employee of the Owner, is, or has become interested, directly or indirectly, as a contracting party, partner, stockholder, surety or otherwise howsoever in or on the performance of the said Proposal, or in the supplies, Work or business in connection with the said Proposal, or in any portion of the profits thereof, or of any supplies to be used therein, or in any monies to be derived there from. 5. That the several matters stated in the said Proposal are in all respects true accurate and complete. 6. That I/We do hereby propose and offer to enter into an agreement to supply and deliver all materials mentioned and described or implied therein including in every case freight, duty, currency exchange, H.S.T. in effect on the date of the acceptance of Proposal, and all other charges on the provisions therein set forth and to accept in full payment therefore, in accordance with the prices and terms set forth in the Proposal herein. 7. That additions or alterations to or deductions from the said Proposal, if any, shall be made in accordance with the prices stated in Provisional Items of the Schedule of Unit prices in strict conformity with the requirements of the Proposal and all unused monies in Provisional Items shall be deducted from the final cost of the Work and any quantities exceeding those shown shall be added. 8. That this Proposal is irrevocable and open to acceptance until the formal Proposal is executed by the awarded Proponent for the said Work or Ninety (90) Calendar Days, and prices for as long as stated elsewhere in the document, whichever Township of Oro-Medonte Page 40 of 61 RFP #: OCS2021-08 Page 156 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part III Form of Proposal event first occurs and that the Owner may at any time within that period without notice, accept this Proposal whether any other Proposal has been previously accepted or not. 9. That if the Proposal is accepted, I/We agree that the Contract shall constitute the entire agreement between the parties and shall supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the Proponent and the Owner or any documentation that may otherwise accompany the Work. Any conflict or inconsistency between the components of the Contract shall be resolved, to the extent of any conflict or inconsistency, in accordance with the order of authority stated in Order of Precedence in this RFP. 10. That if the Proposal is accepted, I/We agree to furnish all documentation, security and certifications as required by the Proposal and to execute the agreement in triplicate within seven (7) calendar days after notification of award. If I/We fail to do so, the Owner may accept the next highest ranked or any Proposal or to advertise for new Proposals, or to carry out completion of the works in any other way they deem best and I/We also agree to pay to the Owner the difference between this Proposal and any greater sum which the Owner may expend or incur by reason of such default or failure or by reason of such action as aforesaid on their part, including the cost of any advertisement for new Proposals, and shall indemnify and save harmless the Owner and their officers from all loss, damage, cost, charges and expense which they may suffer or be put to by reason of any such default or failure on my/our part. 11. That I/We agree to save the Owner, its agents, or employees, harmless from liability of any kind for the use of any composition, secret process, invention, article or appliance furnished or used in the performance of the Proposal of which the Proponent is not the patentee, assignee, or licensee. 12. I/We hereby accept and agree that the Total Proposed Price (including HST) as stated in the Form of Proposal will form an integral part of this contract. 13. The Proponent hereby accepts and agrees that the Addenda referred to in this document form an integral part of this contract. Township of Oro-Medonte Page 41 of 61 RFP #: OCS2021-08 Page 157 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part III Form of Proposal The undersigned affirms that he/she is duly authorized to execute this Proposal. Proponent's Signature and Seal: (I have authority to bind the company) Position: Witness: (If not under seal) Position: (If Corporate Seal is not available, documentation shall be witnessed) Dated at the _ (City/Township) This day of 2016. Township of Oro-Medonte Page 42 of 61 RFP #: OCS2021-08 Page 158 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part III Form of Proposal Schedule I — Budget Parks and Recreation Master Plan The Total Proposed Pricing shall be all inclusive, including but not limited to, mileage, disbursements, and travel time. Description Lump Sum Fee All works as described within the RFP document $ Subtotal $ HST $ Total Proposed Pricing $ The Total Proposed Price (excluding HST): Dollars in lawful money of Canada. Inserted price in words take precedence over numeric Township of Oro-Medonte Page 43 of 61 RFP #: OCS2021-08 Page 159 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part III Form of Proposal Schedule II - List of References The Proponent shall provide below three (3) separate references other than the Township, having purchased a similar size and design of goods and/or services as specified herein for a previous five (5) year period from the issuance of this document. Project Name: Company for whom the work was completed: On the project did your firm act as: Prime Consultant ❑ Sub Consultant ❑ Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Project Name: Company for whom the work was completed: On the project did your firm act as: Prime Consultant ❑ Sub Consultant ❑ Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Project Name: Company for whom the work was completed: On the project did your firm act as: Prime Consultant ❑ Sub Consultant ❑ Value of your portion of the project? Date of Completion of this project? Contact Name at the owner's facility: Contact's Email Address: Telephone Number with Area Code: Fax Number with Area Code: Township of Oro-Medonte Page 44 of 61 RFP #: OCS2021-08 Page 160 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part III Form of Proposal Reference Release Form I (authorized signatory for the Proponent) authorize the Township to contact the person and/or organization listed on the List of References, for the purpose of obtaining information relating to the Proponent and Project. The Township reserves the right to call references if in its sole discretion finds a need to do so. The Township reserves the right to check other references other than listed herein. If the Township is unable to obtain a satisfactory reference or if the reference does not respond to the reference call or if the reference chooses not to comment, the reference will be deemed unsatisfactory. Township of Oro-Medonte Page 45 of 61 RFP #: OCS2021-08 Page 161 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part IV Agreement Terms and Conditions of Professional Services Agreement (Short Form) This Agreement made this day of 2021. Between The Corporation of the Township of Oro-Medonte hereinafter called the "Owner", And hereinafter called the "Proponent " Whereas the Owner has awarded to the Proponent the Proposal for; RFP # OCS 2021-008 Parks and Recreation Master Plan According to the terms and conditions herein referred to, the Proponent having put in a Proposal therefore, a copy of which is hereto annexed, which Proposal was accepted by the "Owner" on the; day of 2021. Scope of Work 1. The Corporation of the Township of Oro-Medonte ("Township") hereby retains the Consultant to provide the Services as specified below and in the Township's Request for Proposal document ("RFP") under the general guidance and direction of the Township: The Proponent shall provide the Township with a comprehensive Parks and Recreation Master Plan, recommendations and implementation plan. 2. The Proponent agrees to supply, at its sole cost and expense, all staff, equipment and technical assistance necessary to perform the Services as stipulated herein. Contract Documents and Order of Precedence 1. The Professional Services Agreement ("Agreement") shall consist of the RFP, the Proponent's Proposal and these Terms and Conditions. In the event of conflicts or inconsistencies between these documents, the terms of these Terms and Conditions shall prevail over the RFP and the Proposal, and the terms of the RFP shall prevail over the Proposal. Fees and Disbursements 1. The Township shall pay to the Proponent as full payment and compensation for the Services an amount not to exceed the upset limit of the Total Proposed Pricing by the Township, including all disbursements but excluding the harmonized sales tax. No payment in excess of this amount shall be made without the Township's prior written authorization. Township of Oro-Medonte Page 46 of 61 RFP #: OCS2021-08 Page 162 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part IV Agreement 2. During the term of the Agreement, the prices quoted by the Proponent are not subject to change without the prior written consent of the Township and the Proponent shall not be entitled to any increases in the upset limit or to the prices for any of the individual items. 3. Provided that the Consultant is not in default of its obligations under the Agreement, and provided that the Township does not dispute the invoice submitted by the Consultant, the Township shall pay each invoice submitted within thirty (30) days of receipt. The Consultant shall not be entitled to any interest upon any payments made by the Township beyond the 30-day period. Workplace Safety and Insurance Board (WSIB) 1. The Consultant must be in good standing with the Workplace Safety and Insurance Board and shall furnish the Township with satisfactory evidence, in the form of a valid WSIB Clearance Certificate, prior to commencement of the Services under the Agreement, upon presentation of a final invoice and at any other time during the Agreement at the Township's request. 2. The Consultant shall maintain its WSIB Insurance or pay such assessments as will protect the Consultant and the Township from claims under Workplace Safety and Insurance Act, and, from any other claims for damage from personal injury, including death, which may arise from the Consultant's performance under the Agreement. 3. In the event that the Consultant is not required by law to be registered with WSIB, confirmation of employer's liability insurance in the amount of $2 million ($2,000,000.00) is required. Such coverage shall be confirmed by a Certificate of Insurance. Compliance with Laws 1. The Consultant acknowledges that it is aware of the provisions of the Occupational Health and Safety Act (Ontario), the Environmental Protection Act, the Human Rights Code, the Pay Equity Act (Ontario), and any other applicable Federal, Provincial, and/or Municipal statutes, regulations, policies and guidelines thereunder and agrees to comply with, and cause to be complied with, the provisions thereof as such statutes, regulations, policies and guidelines may be amended or replaced from time to time. 2. The Consultant shall do, shall cause to be done, shall refrain from doing, and/or shall prohibit from being done, any act or thing as directed by the Township if, at any time, the Township considers that any situation or condition is unsafe, damaging to the environment or contrary to the provisions of any applicable statutes, regulations, policies or guidelines. Records and Audit 1. The Township shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining Township of Oro-Medonte Page 47 of 61 RFP #: OCS2021-08 Page 163 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part IV Agreement to the Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of the Consultant, including, but not limited to those kept by the Consultant, its employees, agents, assigns, successors and subcontractors. The Consultant shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract or agreement and for at least two years following the completion of the Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the Township, through its employees, agents, representatives, contractors or other designees, during normal business hours at the Consultant's office or place of business. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in the Township of Oro-Medonte, Ontario, which is convenient for the Township. Use of Work 1. Notwithstanding any other provisions of the Agreement, the Township shall have the right to take possession of, and use, any completed or partially completed portions of the work. 2. The Township shall retain exclusive ownership in all components and deliverables created solely under this Agreement and shall own any copyright and patent directly related to and developed solely pursuant to this Agreement. Quality Control and Quality Assurance 1. The Consultant warrants that it shall perform the Services with the requisite degree of skill and competence to satisfy the Township's requirements as stipulated in the Agreement. 2. The Township reserves the right to monitor the performance of the Consultant and to issue directives to the Consultant to remedy any condition which the Township considers to be detrimental to provision of the Services, which the Consultant shall be required to carry out within the timeframe stipulated by the Township. 3. At any time during the course of the Agreement, the Township may direct the Consultant to immediately remove a staff member and replace them with another staff member acceptable to the Township. Changes and Alterations and Additional Services 1. The Consultant shall not change or deviate from the scope of Services without the prior written consent of the Township. In the event that the Consultant undertakes a change or deviation in the scope of Services without the prior written consent of the Township, it shall not be entitled to any additional payments. Assignments and Subcontracts Township of Oro-Medonte Page 48 of 61 RFP #: OCS2021-08 Page 164 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part IV Agreement 1. It is understood and agreed that the Consultant will be an independent contractor and that the employees or agents of the Consultant will perform all services offered. Subcontracting agreements made by the Consultant will not release the Consultant from any obligation to the Township with respect to the performance of its obligations under the Agreement. 2. The Township must grant prior written approval for any assignments and all sub- contracts which may be granted on such terms, as the Township deems advisable. The Township's consent to any assignment or subcontract shall not release the Consultant from its duties and obligations under the Agreement. Damages and Set Off 1. If the Township should suffer damage because of any wrongful act or neglect of the Consultant or of anyone for whom the Consultant is responsible in law, then the Township shall be reimbursed by the Consultant for such damage. 2. Services which have not been performed to the Township's satisfaction in accordance with the Agreement, whether the result of poor workmanship or through carelessness or other acts or omissions of the Consultant or any of its subcontractors, shall be promptly rectified in accordance with the Agreement at the Consultant's expense. 3. In the event that any portion of the Services is not performed in accordance with the Agreement or is not satisfactory to the Township, the Township may retain, as a holdback, an amount equal to the Township's estimated cost to perform the Services in a satisfactory manner, until the Services have been completed to the satisfaction of the Township. 4. In addition to the rights set forth above, the Township shall have the right to set-off against the monies due or which may become due to the Consultant under the Agreement, any amounts owing by the Consultant to the Township. Suspension or Termination 1. The Township may, at any time by notice in writing to the Consultant, suspend or terminate the Services, or any portion thereof. Upon receipt of such notice, the Consultant shall perform no further Services and shall not be entitled to any payment for additional work beyond that date, nor for lost profits or any consequential damages as a result of the termination. 2. In addition to the above, if the Consultant should become bankrupt or insolvent, or if a receiver is appointed because of its insolvency, or if the Consultant transfers, assigns or otherwise disposes of its interest in the Agreement or any part thereof without the prior written authority of the Township, the Agreement shall terminate as of the date of the any such event and the Township shall pay for the Services rendered and disbursements incurred by the Consultant to the date of termination. 3. Upon termination of the Agreement, all documentation relating to the Project shall be delivered to the Township including all work product, drawings, paper and Township of Oro-Medonte Page 49 of 61 RFP #: OCS2021-08 Page 165 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part IV Agreement electronic files, and the Consultant shall not be entitled to payment until it has provided the Township with all such documentation. 4. All duties and obligations of the Consultant with respect to Services provided up to and including the date of termination shall survive termination of the Agreement. Indemnification 1. The Consultant shall indemnify and save harmless the Township, its directors, officers, council members, partners, agents and employees from and against all claims, demands, actions, losses, expenses, suits, proceedings, costs or damages of every nature and kind whatsoever which the Township, its directors, officers, council members, partners, agents and employees may suffer as a result of the acts, error or omissions of the Consultant, its employees, officers, subcontractors or agents in the performance of the Agreement, including, but not limited to any suits or proceedings (including by any government agency) arising as a result of any violation or alleged violation of any statutes or regulations, policies and guidelines thereunder, and any legal costs associated therewith. Insurance 1. Without restricting the generality of the section on Indemnification, the Consultant shall obtain, maintain, pay for and provide evidence of the following insurance coverage, taken out with insurance companies licensed to transact business in the Province of Ontario and not otherwise excluded by the Township's Director, Finance/Treasurer/Deputy CAO: a) Commercial General Liability Insurance Commercial General Liability ("CGL") Insurance shall include as an additional insured, the Township of Oro-Medonte, with limits of not less than Two million dollars ($2,000,000.00) inclusive per occurrence for bodily and personal injury, death and damage to property including loss of use hereof. b) Automobile Liability Insurance Automobile Liability Insurance in respect to owned and non-owned vehicles shall have limits of not less than two million dollars ($2,000,000.00) inclusive per occurrence and shall protect against all liability arising out of the use of owned or leased vehicles, used by the Consultant, its employees or agents. c) Professional Liability Insurance Professional Liability Insurance shall have limits of not less than two million ($2,000,000.00) inclusive per claim, covering services or activities that are professional in nature and thereby excluded under the CGL policy. The form of all insurance to be provided herein, shall in all respects be satisfactory to the Township's Director, Finance/Treasurer/Deputy CAO and shall be maintained continuously from either the commencement of the services or the signing of the Township of Oro-Medonte Page 50 of 61 RFP #: OCS2021-08 Page 166 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part IV Agreement Agreement, whichever is sooner. The policies shall be endorsed to provide the Township with not less than thirty (30) days written notice in advance of cancellation, change or amendment restricting coverage. Confidential Data 1. The Consultant shall not divulge any specific information as confidential, communicated to or acquired by it, or disclosed by the Township in the course of carrying out the Services provided for herein. No such information shall be used by the Consultant on any other project without the approval in writing of the Township. Claims and Disputes 1. Should the Consultant wish to claim additional compensation arising out of a change to the scope of Services or for any other reason, it shall provide the Township with written notice of this claim within five (5) business days of becoming aware of the claim, failing which, it shall not be entitled to any compensation for such claim. In the event of any claims or disputes between the parties, the Consultant will continue to perform the Services without interruption, if so directed by the Township, pending the resolution of the claim/dispute. General Requirements 1. Time shall be of the essence of the Agreement. 2. Any notice given pursuant to the Agreement may be delivered by facsimile transmission, electronic mail or mailed by prepaid registered mail to the addresses designated by the respective parties. If delivered, the notice is effective on the date of delivery, and if mailed, the notice is effective on the fifth (5th) business day following the day of mailing. 3. The Agreement shall ensure to the benefit of, and be binding upon, the Township, the Consultant, their heirs, executors, administrators, successors and permitted assigns. 4. The Agreement constitutes the complete and exclusive statement of the agreement between the parties, which supersedes all proposals, agreements, arrangement or understandings, oral or written, and all other communications between the parties, relating to the subject matter of the Agreement, except as referenced in, and made part of, the Agreement. 5. The Agreement may be modified only by a written amendment signed authorized representatives of both parties. 6. The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario. In witness where of the parties hereto have hereunto set their hand and seals on the above date. Township of Oro-Medonte Page 51 of 61 RFP #: OCS2021-08 Page 167 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part IV Agreement Proponent Signed, Sealed and Delivered in the ) By: presence of (if practical); ) Position: (I have authority to bind the Company) Witness: (If not under Seal) Owner Per: Witness ) H.S. Hughes, Mayor Per: Yvonne Aubichon, Clerk, Corporate Services Township of Oro-Medonte Page 52 of 61 RFP #: OCS2021-08 Page 168 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices Proponent Payment Information Accessibility for Ontarians with Disabilities (AODA) Contract Change Orders Letter of Credit Notice of "No Proposal" Submission Label Oro-Medonte Org. Chart Township of Oro-Medonte Page 53 of 61 RFP #: OCS2021-08 Page 169 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices Payment Information Vendor Name: To ensure the accuracy of our account information, you must attach a void cheque and complete the following financial information: Name of Financial Institution: Address of Financial Institution: Account Information: Bank Code Transit Number Account Number Remittance Information Contact person: E-mail address: Name: Title/Position: Phone: ( ) Fax: (_) Signature: Date: Township of Oro-Medonte Page 54 of 61 RFP #: OCS2021-08 Page 170 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices Accessibility for Ontarians with Disabilities (AODA) The Accessibility for Ontarians with Disabilities Act, 2005 and Regulations under this Act were enacted to improve accessibility for persons with disabilities. This legislation applies to public sector organizations such as the Corporation of the Township of Oro-Medonte as well as to private companies and organizations that provide goods and services on behalf of the Township. The Township of Oro-Medonte is committed to ensuring legislative compliance and providing persons with disabilities consistent opportunity and access to Township goods, services, and facilities. Accordingly, the Township has adopted policies, procedures, and practices that address integration, independence, dignity, and equal opportunity. The Accessibility Standards for Customer Service Regulation (O. Reg. 429/07)was developed to ensure that all customers can access goods and services and that their individual disability needs are met while accessing an organization's goods and services. This Regulation requires that obligated organizations ensure that every person who deals with members of the public or other third parties on their behalf, whether as an employee, agent, volunteer, or otherwise, receives training. The Regulation outlines the required training components. All public sector and private organizations were required to comply with this Regulation by January 1 , 2012. The Integrated Accessibility Standards Regulation (O. Reg. 191/11) includes requirements for information and communication, employment, transportation and the design of public spaces in the built environment, as well as general accessibility requirements. Public sector organizations and private businesses must comply with this Regulation. Commencing in 2014, organizations must ensure that training is provided on the requirements of this Regulation and the Ontario Human Rights Code as it pertains to persons with disabilities to all employees, volunteers and those who provide goods, services or facilities on behalf of the organization. The Township of Oro-Medonte and all agents and contractors must comply with the OADA and its Regulations. Failure to comply with the Act may result in administrative penalties pursuant to Parts IV and V of the Act. The Township may request that agents and contractors provide records of training and confirmation of compliance with the Act and its Regulations. Links are provided below to assist with compliance. Your co-operation and support are essential to increasing accessibility for persons with disabilities. Township of Oro-Medonte Page 55 of 61 RFP #: OCS2021-08 Page 171 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices AODA Declaration Form I, the undersigned, in submitting the Accessibility Compliance Form (thereinafter "form") to the Township of Oro-Medonte do hereby make the following statements that I certify to be true and complete in every respect. I certify, on behalf of (Corporate Name of Proponent, thereinafter "Proponent") That 1. I have read and understand the contents of this form; 2. 1 understand that if this form is found not to be true and complete in every respect, the Corporation of the Township of Oro-Medonte has the authority to discontinue the services of the Proponent; 3. 1 am authorized by the Proponent to sign this form and to submit the form on behalf of the Proponent; 4. 1 acknowledge that as a vendor of the Corporation of the Township of Oro- Medonte that I/we are required to comply with the Accessibility for Ontarians with Disabilities Act, 2005 and all Regulations under this Act, as amended from time to time; 5. 1 declare that I/we have reviewed, understand and will meet all accessibility Acts and Regulations, as amended from time to time; 6. 1 declare that I/we will undertake to ensure that all employees, agents, sub- contractors, and volunteers hired by the Proponent in completion of our work will also comply with accessibility legislation. Proponent's Signature: (I have authority to bind the company) Position: Dated this day of 2016. Township of Oro-Medonte Page 56 of 61 RFP #: OCS2021-08 Page 172 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices Contract Change Order Sample CONTRACT CHANGE ORDER (CCO) CONSULTAWTFORM CCO No.: Date: Project Description: Purchasing File No.: XX-I4-XX Work Order No.: Town File No.: Cost Centre No. - - Project Leader: Contractor: Consultant: Contractor Contact: Consultant Email Contractor Email: Purchase Order No. This will sere as instruction to increaseldecrease the requirement of the above mentioned contract.The Consultant is authorized by the Town after the COO has keen signed byte Consultant and the Town to. Describe changes here: 1fnecessary,attach stysxrorhhg cbcexrrentaibnio thu form lw fexiher ex anation dcontract changas b9ogrecpasterl V A".PP Bing tico—ita nn a 4Ya,,he7 to thu CCO AddlCreditto the Contract,in the sum of dollars(excluding H.S.T) (Dollar-1. in owrdr) Is (excluding H.S.T) (Dollar vakt em munloers) Original Total Extras Total Credits Contract Price Final? Contract Price by CCO(s) by CC Os Revised to date E,�Wdi grisT Including HST An extension of days in the Tim e for.Com letion on account of this CCO is hRrehV allowed.The revised required Completion Date forthe Contract is therefore The Consultant, hereby accepts and agrees to this CCO in accordance with the original terms and conditions of the Contract as expressly modified bythis CCO and all COO previously executed bythe Consultant and the Town.The change in price andlor schedule agreed to herein is considered to be a fair and equitable adjustment for the Consultant's direct and indirect cost. The modifications provide full compensation forthe changed work,included in both the Contract cost and time.The contract price adjustment herein agreed is acknowledged as inclune of full and final compensation for any cumulative Impact of this and prior changes_The Consultant hereby releases the Town from any and all liability under the Contract. Date: Per (Consultant signature) (FOR COMPLETION BY THE TOWN) Date Date Approved: Approved (Project Leader signature) (Director/Designate with appropriate signing authority) SEE OVER FOR INSTRUCTIONS FOR USE Township of Oro-Medonte Page 57 of 61 RFP #: OCS2021-08 Page 173 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices Instructions for Use for Change Orders 1. This form is to be used for all changes in the work that involve changes in price including any such changes covered by Certificates of Equality. 2. All additional or extra work and changes in the work must be authorized by the Owner. Cases may arise when instructions on changes must be given to the Contractor right away to avoid damage or expensive delay. If the change is of a minor nature, the Resident Engineer or Inspector may proceed but should inform the Owner's Project Manager without delay. If the proposed change is more costly or if there is doubt about its desirability, it should be cleared with the Project Manager by telephone. Whenever possible, the price should be agreed upon prior to the commencement of the work. 3. A change in the amount of a unit price item in the Schedule of Items and Prices as a result of the measured quantity differing from the estimated quantity does not require the issuance of a change order specifically for that item. The change in amount will be covered by the last (Final Measurement) change order issued for the contract, as explained in para. 11 below. 4. Extra work carried out on the direction of the Owner requires the issuance of a change order. The change order must identify the work and shall give the quantities, prices and amounts involved. 5. When work is to be performed on a cost-plus or unit-price basis and the exact cost will not be known until the work has been completed, the change order should be headed "COST-PLUS" or "UNIT PRICES", as the case may be, and the estimated cost should be shown. The estimated cost is NOT to be included under "Total Additions" or "Total Deductions", nor is the "Balance of Contingency Allowance" or the Contract Price to be changed. When the work covered by the change order has been completed, a further change order is to be prepared giving the final cost. It will be given a new number and this number will be followed by the original number suffixed by "a"; e.g., if the change order giving the estimated cost is No. 7 and if when work has been completed 11 change orders have been issued, the change order showing the completed cost will be numbered 12.7a. 6. Change orders should be set out clearly. If the reason for the issuance of a change order is not clear from the change order itself, one copy of an explanation should be sent to the Owner with the change order. Change orders must state the quantities or estimated quantities involved and must state how the price or prices were arrived at. Quotations obtained from the Contractor or sub- contractors should give adequate breakdowns, and mark-up percentages must be in accordance with the Contract (see Section of the General Conditions headed "Valuation of Variations."). Township of Oro-Medonte Page 58 of 61 RFP #: OCS2021-08 Page 174 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices 7. Only related changes are to be included in the same change order. Unrelated items should be covered by separate change orders. 8. Change orders should be submitted promptly to the Owner for approval during the period of construction and should not be accumulated in batches or have their submission delayed to the end of the job. 9. The Consulting Engineer should give careful consideration to the matter of whether an extension of the Time for Completion should be given on account of a change order. His recommendation should be given to the Engineer when forwarding the change order to approval. If it is difficult or impossible to decide at the date of issuance of the change order what would be a reasonable extension to give, this should be stated and the matter should be discussed with the Engineer at a suitable date. 10. Additional or extra work will be paid for out of the Contingency Allowance without immediately changing the Contract Price. Only when the Contingency allowance has been used up or when the Final Measurement change order is prepared will the Contract Price be changed. 11. On contracts that include unit price items, the last change order issued should be headed "Order No.? (FINAL MEASUREMENT)." The description will be "adjust quantities and amounts of all unit price items in the Schedule of Items and Prices in accordance with the final measurement". The amount of the change order will be the net addition or deduction due to the final measurement, and the Contract Price will be shown in the bottom right-hand corner of the form as "Final" instead of "revised to date". 12.Attached to each copy of the change order should be a copy of the detailed final measurement set out item by item as in the Schedule of Items and Prices showing the estimated quantities, unit prices, amounts, final quantities, final amounts, adjustments in quantities and amounts and the net total of all other change orders approved. This is to be typed on the Owner's "FINAL MEASUREMENT" forms. 13.The Owner will require the original and one copy of the change order. Sufficient additional copies should be submitted to fulfil the requirements of the Consulting Engineer and the Contractor. All copies shall be signed by the Contractor and the Consulting Engineer before being submitted to the Agency. When the change order has been approved, all but the original and one copy will be returned to the Consulting Engineer for distribution. Township of Oro-Medonte Page 59 of 61 RFP #: OCS2021-08 Page 175 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices Letter of Credit Wording As Required By The Corporation of the Township of Oro-Medonte Financial Institution: Date of Issue: (Name/address of Financial Institution) Irrevocable Letter of Credit Identification # of Letter of Credit Applicant: Beneficiary: (Name/address of Applicant) The Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2E0 Amount: (in figures) (CAD) (in words) (CAD) We hereby authorize you to draw on (name and address of financial institution) for the account of (name of applicant) up to an aggregate amount of (maximum amount of letter of credit in words) (CAD) (maximum amount of letter of credit in figures) (CAD), available with ourselves, on demand, by payment, against presentation of the document(s) detailed herein and of your draft(s) at sight drawn on ourselves. Pursuant to the request of our customer, the said (name of applicant), we, the (name and address of financial institution), hereby establish and give to you an irrevocable standby letter of credit in your favour in the total amount of (maximum amount of letter of credit in figures)(CAD)(maximum amount of letter of credit in words)(CAD) which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you which demand we shall honour without inquiring whether you have a right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer. Provided, however, that you are to deliver to the (name and address of financial institution), at such time as a written demand for payment is made upon us, a certificate signed by you agreeing and/or confirming that monies drawn pursuant to this credit are to be and/or have been expended pursuant to obligation incurred or to be incurred by you relative to (insert purpose and date of agreement). The amount of this standby letter of credit may only be reduced by drawings endorsed hereon or as advised by notice in writing to us by you. Township of Oro-Medonte Page 60 of 61 RFP #: OCS2021-08 Page 176 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices This standby letter of credit will continue up to (date of expiry of letter of credit) and will expire at our counters on that date and you may call for payment of the full amount outstanding under this letter of credit at any time prior to that date subject to the following: It is a condition of this letter of credit that it shall be deemed to be automatically extended without amendment for one year from the present or any future expiry date hereof, unless 30 (thirty) days prior to such expiry date, we notify you in writing by registered mail/courier, that we elect not to consider this standby letter of credit to be renewable for an additional period. Upon receipt by you of such notice, you may draw hereunder by means of your signed demand for payment certifying that the amount drawn will be retained and used by you to meet obligations incurred or to be incurred with the above. Further that you will release any amounts not required by you directly to the applicant. Partial drawings are permitted. The drafts drawn under this standby letter of credit are to state on their face that they are drawn under (name and address of financial institution) standby letter of credit stating its number and date. We hereby agree that drafts drawn under this standby letter of credit will be duly honoured upon presentation provided that all terms and conditions of the standby letter of credit have been complied with. This standby letter of credit is subject to the "Uniform Customs and Practice for Documentary Credits (20xx Revision) International Chamber of Commerce, Publication No. xxx", and engages us in accordance with the terms thereof. Township of Oro-Medonte Page 61 of 61 RFP #: OCS2021-08 Page 177 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices Notice of"No Proposal" Attention: Shawn Binns RFP#: OCS 2021-008 Closing Time: April 30, 2021 Important - Please Read This It is important to the Owner to receive a reply from all invited Proponents. There is no obligation to submit a Proposal; however, should you choose not to provide a Proposal, completion of this form shall assist the Owner in determining the type of goods or services you are interested in providing Proposals on the future. Instructions If you are unable, or do not wish to provide a Proposal on this project please complete the following portions of this form. State your reason for not providing a Proposal by checking applicable box(s) or by explaining briefly in the space provided. It is not necessary to return any other Proposal documentation. Return the completed form via fax 705-487-0133 prior to the official closing date. 1. We do not manufacture/Supply this commodity 2. We do not manufacture/Supply to this specification 3. Unable to bid competitively 4. Cannot handle due to present plant/work load 5. Quantity/job too large 6. Quantity/job too small 7. Cannot meet delivery /completion requirements 8. Agreements with distributors/dealers do not permit us to sell direct 9. Licensing restrictions Other reasons or additional comments: Do you wish to provide a Proposal on these goods/services in the future? Yes No Company Name Address Signature of Company Representative Position Date Tel. No. For The Municipality's Use Only - Do Not Write In This Space Township of Oro-Medonte Page 62 of 61 RFP #: OCS2021-08 Page 178 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices Item Irregularity Response 1 Late Proposals Automatic rejection, not read publicly and returned unopened to Proponent 2 Unsealed Envelopes (Tender or Other) Automatic rejection 3 Insufficient Financial Security (No Automatic rejection (where applicable) Bid Security or agreement to bond or insufficient bid bond or agreement to bond) 4 Deposit cheque not submitted Automatic rejection (where applicable) 5 Certified cheque not certified Automatic rejection (where applicable) 6 Amount on deposit cheque incorrect Automatic rejection (where applicable) 7 All required sections of Proposal Automatic rejection unless, in the documents not completed consensual opinion The Finance Department, Director in charge of RFP solicitation, Clerk or Treasurer, the incomplete nature is trivial or insignificant and does not affect the total price. 8 Failure to execute Agreement to Bond Automatic rejection (Surety's Consent) or Bonding company corporate seal or signature missing from Agreement to Bond 9 Failure to execute Bid Bond by Automatic rejection Proponent and Bonding Company 10 Failure to provide a letter of agreement Automatic rejection to bond where required 11 Proposals not completed in Ink, Automatic rejection typewritten or automated printers 12 Incomplete, illegible or obscure bids Automatic rejection or Proposals which contain additions not called for 13 Erasures, alterations, or strike-out May be rejected, unless such changes errors or irregularities of any kind clearly exhibit the Proponent's intent, as such two (2) business days shall be given to rectify 14 Failure to attend mandatory site visit Automatic rejection 15 Proposals received on documents other Automatic rejection than those provided in RFP or requested 16 1 Pricing or signature pages missing Automatic rejection 17 Part Proposals (all items not bid) Acceptable unless complete Proposal has been s ecified in the request. 18 Documents in which all necessary Automatic rejection Addenda, which have financial implication, have not been acknowledged Township of Oro-Medonte Page 63 of 61 RFP #: OCS2021-08 Page 179 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices 19 Documents in which all necessary Two (2) business days to acknowledge 20 Proposals received on documents Automatic rejection other than those provided in the Form of Proposal by the Township of Oro-Medonte 21 Proposals received without proper Acceptable if officially received on time label used 22 Failure to insert the Proponent's Automatic rejection business name in the spaces provided 23 Failure to include signature of the Automatic rejection person authorized to bind the Proponent in the space provided in 24 Conditions placed by the Tenderer on Automatic rejection the Total Contract Price 25 Qualified Proposals (Proposals Automatic rejection unless, in the qualified or restricted by the consensual opinion of The Finance 26 RFP clearly states that an award Proposals may be rejected except when may be made for individual the RFP clearly states that an award may items. be made for individual items (contracts such as equipment rental or some material contracts which are in effect several individual contracts combined). 27 Corporate seal or signature Two (2) business days to rectify missing; signatory's authority to bind the Corporation or signature missing 28 Corporate seal and signature missing; Automatic rejection authority to signature missing 29 Proposals Containing Minor Two (2) business days to correct and initial Obvious Clerical Errors errors 30 Proposals Containing Minor Two (2) business days to correct and initial Mathematical Errors errors. The Township of Oro-Medonte 31 Un-initialed changes to the request Two (2) business days to correct and initial documents which are minor (i.e.; the errors. The Township of Oro-Medonte Proponent's address is amended by reserves the right to waive initialing and overwriting but not initialed) accept Proposal 32 Alternate items bid in whole or in Available for further consideration unless part specified otherwise in request 33 Unit prices in the schedule of prices Two (2) business days to correct initial have been changed but not initialed errors. The Township of Oro- Medonte reserves the right to waive initialing and accept Proposal Township of Oro-Medonte Page 64 of 61 RFP #: OCS2021-08 Page 180 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... Part V Appendices 34 Other mathematical errors which Two (2) business days to initial corrections. are not consistent with the unit Unit prices will govern. prices 35 Pages requiring completion of Automatic rejection information by vendor are missing Note: The above list of irregularities should not be considered all-inclusive. The Finance Department and/or the Municipal Clerk in consultation with the requisitioning department will review minor irregularities not listed and acting in consensus shall have authority to waive other irregularities or grant two (2) business days to initial such irregularities, which they jointly consider to be minor. Township of Oro-Medonte Page 65 of 61 RFP #: OCS2021-08 Page 181 of 255 10.d) OCS2021-14, Shawn Binns, Director, Operations and Community Servic... [Intentionally Left Blank] Page 182 of 255 10.e) CS2021-18, Yvonne Aubichon, Clerk re: Interim Integrity Commission... Report Township of Fraud Heritrage, Exciting Future Report No. To: Prepared By: CS2021-18 Council Yvonne Aubichon Meeting Date: Subject: Motion # June 23, 2021 Interim Integrity Roll #: Commissioner Update R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. CS2021-18, Interim Integrity Commissioner Update, presented by Yvonne Aubichon, Clerk be received and adopted. 2. That the necessary by-law to appoint John Ewart as the Interim Integrity Commissioner for the Township of Oro-Medonte commencing June 26, 2021 to December 31, 2021, with an option to extend to March 31, 2022, and if necessary an additional option to extend to March 31 , 2023, pending determination of Provincial oversight, regarding Integrity Commissioner's appointments across Ontario; 3. That the Mayor and Clerk be authorized to execute the necessary Professional Services Agreement between The Township of Oro-Medonte and John Ewart for the provision of Interim Integrity Commissioner Services; and 4. That staff proceed with a Request For Proposal for Integrity Commissioner Services for the Township in accordance with the Purchasing and Tendering By-law, pending determination of Provincial oversight, regarding Integrity Commissioner's appointments across Ontario. Background: Effective June 26, 2021 the Township of Oro-Medonte will require the services of an Interim Integrity Commissioner, as the thirty (30) days' notice was provided to Principles Integrity with an effective termination date of June 25, 2021 in accordance with Motion C210526. Analysis: Part V.1, Accountability and Transparency, section 223.3 (1) of the Municipal Act, as amended requires all municipalities in Ontario to appoint an integrity Commissioner to perform the following functions: Corporate Services Date June 23, 2021 Report No. CS2021-18 Pagel of 4 Page 183 of 255 10.e) CS2021-18, Yvonne Aubichon, Clerk re: Interim Integrity Commission... 1. The application of the code of conduct for members of council and the code of conduct for members of local boards. 2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards. 3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards. 4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. 5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members. 6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. 7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality's codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act; As per the motion staff have investigated potential Interim Integrity Commissioner Services. Pursuant to motion C210526 staff investigated five (5) potential candidates with respect to provision of Interim Integrity Commissioner Services for the Township of Oro- Medonte as follows: Suzanne Craig, Independent Lawyer John Ewart, Ewart, O'Dwyer Law Tony Fleming, Cunningham Swan Carty Little & Bonham LLP John Saywell, Lawyer Edward McDermott, ADR Chambers Out of the five (5) potential candidates, one (1) did not respond, one (1) respectfully declined due to capacity and three (3) expressed interest in being considered for the appointment. Staff established criteria based on capacity, retainer fee(s), rates, experience, potential conflict in providing service and future potential provision of closed session investigator services. This criteria was applied consistently to all the respondents. Staff's investigation consisted of report research, electronic newspaper articles, papers, etc. and was concluded by an outreach questionnaire to the potential candidates and where requested, a follow up discussion with the candidate(s). As noted above the Corporate Services Date June 23, 2021 Report No. CS2021-18 Page 2 of 4 Page 184 of 255 10.e) CS2021-18, Yvonne Aubichon, Clerk re: Interim Integrity Commission... questionnaire also included a question pertaining to provision of closed session investigator services, as Principles Integrity currently provides this service to the Township. Based on the research conducted and answers provided by the candidates, staff are recommending John Ewart as the Interim Integrity Commissioner for the Township. Staff are recommending that the interim service appointment period be from June 26, 2021 to December 31 , 2021 with an option to extend to March 31 , 2022, if necessary, to allow the required time to prepare and implement a Request for Proposal in accordance with the Township's Purchasing and Tendering Procedures By-law. This will also allow time to determine the Provincial status with respect to the requested provincial oversight to Integrity Commissioner's appointments across Ontario. Appointment or consideration of appointment for this interim position does not preclude any of the above candidates from the pending Request for Proposal process. Financial / Legal Implications / Risk Management: While the cost of Integrity Commissioner services remained within the approved operating budget allocation for 2020, the municipality has no control or ability to manage the volume of Integrity Commissioner activity and/or subsequent cost. There is potential for costs to increase given the heightened awareness regarding this service. Policies/Legislation: Municipal Act, 2001, as amended By-law 2017-162 Purchasing and Tendering Procedures By-law Corporate Strategic Goals: Continuous Improvement & Fiscal Responsibility Inclusive, Healthy Community Services Consultations: Potential candidates Township Solicitor Municipal Colleagues Attachments: None Corporate Services Date June 23, 2021 Report No. CS2021-18 Page 3 of 4 Page 185 of 255 10.e) CS2021-18, Yvonne Aubichon, Clerk re: Interim Integrity Commission... Conclusion: Staff are recommending John Ewart as the interim Integrity Commissioner for the Township of Oro-Medonte from June 26, 2021 to December 31 , 2021 with option(s) to extend to March 31 , 2023, if necessary. Respectfully submitted: Yvonne Aubichon, Clerk Approvals: Date Donna Hewitt, Director Corporate Services June 21, 2021 Robin Dunn, CAO June 21, 2021 Corporate Services Date June 23, 2021 Report No. CS2021-18 Page 4 of 4 Page 186 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re: Propos... Township 0 f Report Proud Heritrage, Exciting Future Report No. To: Prepared By: DS2021-095 Council Andria Leigh, Director, Develo ment Services Meeting Date: Subject: Motion # June 23, 2021 Proposed Changes to the Conservation Authorities Act Roll #: —ERO Posting 019-2986 R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-095 be received and adopted; and 2. That Council authorize Planning staff to make a submission through the Environmental Registry (019-2986) as generally outlined in Report DS2021-095 as the Township's submission in addition to any other comments received from Council. Background/Analysis: The Ministry of Environment, Conservation, and Parks (MOECP) is currently consulting on proposed regulations (ERO Posting 019-2986 —refer to Schedule 1) that "focus Conservation Authorities on their core mandate by prescribing mandatory programs and services they must provide, give municipalities greater control over what Conservation Authority programs and services they will fund, consolidate "Conservation Authority" regulations and to require community advisory boards." This is the first of two phases of regulatory amendments to implement the legislative changes to the Conservation Authorities Act made through the passing of Bill 108 in 2019 and Bill 229 in 2020. Bill 108 that received Royal Assent on June 6, 2019 identified the key programs and services conservation authorities are mandated to provide within their respective jurisdictions related to the risk of natural hazards including risk of flooding and other natural hazards. Development Services June 23, 2021 Report No. DS2021-095 Page 1 of 10 Page 187 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Bill 229 that received Royal Assent on December 8, 2020 further defined the role of conservation authorities through: • Mandating conservation authorities to issue permits where the Province has issued Ministerial Zoning Orders (MZO's) • Enabling the Province to issue permits and allowing the applicant and Province to appeal these permits to the OLT • Indicating the term "Hazardous Lands" to be defined by Regulation • Limiting the conservation authorities role in the municipal planning process by excluding them as a "Public Body" under the Planning Act, removing their right to appeal planning applications to the Ontario Lands Tribunal (OLT) On May 13, 2021 , the Provincial Government posted on the Environmental Registry of Ontario (ERO) Consultation 091-2986. The ERO Posting and Consultation Guide are included as Schedules 1 and 2 of this Report. This first phase of regulations included in this ERO posting considers: • The mandatory programs and services to be delivered by conservation authorities • The proposed agreements that may be required with participating municipalities to fund non-mandatory programs and services through a municipal levy; • The transition period to establish those agreements • The requirement to establish community advisory boards; and • The Minister's Section 29 regulation relating to conservation authority operation and management of lands owned by the authority The second phase of regulation, anticipated in the next few months following the finalization of the first phase regulations, will include consultation on municipal levies governing CA capital and operating expenses for mandatory program and services and for non-mandatory programs and services under municipal agreement. In addition, this will set out the provisions pertaining to municipal appeals of CA municipal levy apportionments, including who would hear those appeals. And finally this next phase of consultation will include the standards and requirements for the delivery of non- mandatory program and services, once they are confirmed through the first phase consultations. The Consultation Guide and ERO Posting (Schedules 1 and 2 to this report) are divided into three sections: Part One: Programs and Services Provided by Conservation Authorities (Mandatory and Non-Mandatory Programs and Services) Part Two: Governance and Oversight of Conservation Authorities (Regulation requiring "Community" Advisory Boards) Development Services June 23, 2021 Report No. DS2021-095 Page 2 of 10 Page 188 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Part Three: Other Regulatory matters (Section 29 Minister's regulation) The regulations propose what programs and services that the Conservation Authorities in Ontario provide are considered Mandatory and which are considered Non-Mandatory. Part One: Programs and Services Provided by Conservation Authorities (Mandatory and Non-Mandatory Programs and Services) Mandatory Services (mandated by the Province) must be delivered and may be funded by provincial grants, user fees (conservation authority self-generated revenue), or municipal levy (with or without an agreement in place). These programs include: (a) Natural Hazards • Section 28 Permits including enforcement • Land Use Plan Input and Review related to the Natural hazards Policies of the Provincial Policy statement 2020 • Flood Forecasting and Warning • Maintenance and Operation of Flood/Erosion Infrastructure • Low Water Monitoring • Communication, public awareness and education regarding the risk of natural hazards • Data collection to delineate and map hazards areas (b) Management of Conservation Authority Owned lands • Administration of Section 29 Minister's regulation of "Conservation Areas" or lands including setting out fees, permits and enforcement activities • Development of policies regarding acquisition and disposition of lands • Development of strategies/management plan for Conservation Authority owned lands (c) Programs and Services related to Source Water Protection responsibilities under the Clean Water Act, 2006 • Administration of Source Protection Committee • Maintaining and providing access to source protection data and information • Implementing Source Protection Plan policies and amending as necessary • Tracking and reporting on progress of Source Protection Plans (d) LSRCA Responsibilities under the Lake Simcoe Protection Act • The Act is implemented through the Lake Simcoe protection Plan (LSPP) which has two sets of policies "Designated Policies (DP)" and "Have Regard to" policies. The mandatory programs and services related to the LSPP are detailed further through pages 13-15 of the Consultation Guide (Schedule 2 to this report). Clarity through the ERO submission will be sought to confirm whether commenting on other matters such as natural heritage protection from a land use planning perspective is considered Development Services June 23, 2021 Report No. DS2021-095 Page 3 of 10 Page 189 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... mandatory, similar to the land use planning for natural hazards which are considered mandatory. (e) Programs and Services Prescribed in Regulation (including Provincial Water Quality and Quantity Monitoring, and Development of a Core Watershed-Based Resource Management Strategy) • To be prescribed in regulation within one year after the end of the transition period Municipal levies may be required to fund the implementation of these mandatory programs and services. In order to successfully deliver the above noted program and services there are ongoing expenses that enable the Conservation Authority to effectively deliver these programs and services. The organizational costs include administrative, operating and capital costs that are not directly related to the delivery of any specific program or service but are the overhead and support costs for the conservation authority. The provincial government is proposing to address these ongoing organizational costs of conservation authorities that are not directly related to the delivery of any specific program or service through the un-proclaimed provision in the Conservation Authorities Act that enables an authority to establish a fixed minimal amount as the portion of the CA's operating expenses that a particular municipality is required to pay each year. This proposal will be consulted on in the Phase 2 regulation. Non-Mandatory Programs and Services can be delivered but only if they are funded through grants and/or CA generated income. If these programs are not able to be funded in whole or in part by these revenue sources, the programs can be funded through municipal levies which must be in place through associated Memorandums of Understanding (MOU's) or service agreements between the Conservation Authority and partner municipality. The Municipality would have the option of whether to fund any programs or services over and above those that are categorized as Mandatory through the regulation. These programs or services would include: (a) Programs and Services on Behalf of a Municipality • These would be over and above the "Mandatory programs and services identified above. This could include, as discussed above request for input on land use planning matters beyond the natural hazard policies, such as natural heritage policies, or natural heritage mapping. If a Municipal levy is required to finance these non-mandatory programs and services, MOU's or agreements would be required to reflect these funding arrangements. (b) Programs and Services Deemed Advisable by the Conservation Authority • These would be programs and services that the Conservation Authority deems are advisable that are above and beyond such as environmental education, stewardship programs and must be funded through user fees or other funding Development Services June 23, 2021 Report No. DS2021-095 Page 4 of 10 Page 190 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... As noted above, the proposed regulations include a transition period with a deadline of January 2023 for the Conservations Authorities and the municipalities to have agreements in place for any Non-Mandatory programs and services. The Township currently has MOU's with both the LSRCA and the NVCA, clarity is required form the province in regard to the proposed regulations and whether these current agreement automatically lapse in January 2023 and require new MOU's/agreements with both of these CA's and the Township. The proposed Provincial regulations further details the agreement requirements for the use of municipal levies for non-mandated programs and services. These would include: termination date of the agreement, time periods for reviewing and renewing agreements, provisions governing early termination of the agreement, and transparency provisions. Part Two: Governance and Oversight of Conservation Authorities (Regulation requiring "Community" Advisory Boards) The proposed regulations will require Conservation Authorities to establish Community Advisory Boards that will provide advice and recommendations to the authority regarding strategic priorities and associated policies, programs and services. The Board will identify opportunities for community engagement and potential community outreach opportunities. The regulation to establish the community advisory boards will require members to resident in the authority's jurisdiction, set the minimum number of members at 5, establish the process for renewal of board members, and ensure a wide variety of member education/experience appointed to the board. Part Three: Other Regulatory Matters (Section 29 Minister's Regulation) The Province intends to consolidate the existing Section 29 "Conservation Areas' regulations regarding activities on lands owned by conservation authorities into one new regulation. The regulations will manage the activities on all Conservation Authority owned lands, will prohibit certain types of activities, set out the fees for access and use of lands including recreational areas, and establish the activities that require permits. CA staff will have limited enforcements powers on conservation authority owned lands and will need to rely on municipal law or police for enforcement purposes. Through the Transition regulations that are mandated, Conservation Authority will be required to consult with affected municipalities to determine what services each municipalities wants the conservation authority to deliver on their behalf. The consultation as noted above will also include the services the Conservation Authority deems are necessary to deliver and whether the municipality is willing to fund them and enter into the required agreement. Under the existing MOU's with both the NVCA and LSRCA the conservation authorities provide plan review services (technical/environmental expertise) associated with development applications. Should the new MOU's not include the Conservation Authority providing these services save and except the Natural Hazards that are mandated, the services would continue to be Development Services June 23, 2021 Report No. DS2021-095 Page 5 of 10 Page 191 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... required by the municipality through either the retention on in house staff with the necessary technical skills or retaining of third party consultants, both of which have financial implications to the Township and/or developers. Financial / Legal Implications / Risk Management: There are no current implications as a result of adopting this report. However, there may be future implications (financial and legal) that would result from the implementation of the final regulations based on changes to existing MOU's or the creation of new MOU's with both LSRCA and NVCA or the requirement for outsourcing of the work currently undertaken by the CA's that may have financial implications based on the hiring of consultants with costs that are unknown at this time. Policies/Legislation: • Conservation Authorities Act Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to the proposed legislated changes: Enhanced Communications & Customer Service — We demonstrate a culture of open communication and engagement that delivers on `customer come first'. Balanced Growth — We support business and job creation while protecting our natural environment. Inclusive, Healthy Community — We are a community that is safe, accessible and inclusive. Consultations: N/A Attachments: Schedule 1 : ERO Posting (019-2986) Schedule 2: Ministry of the Environmental, Conservation and Parks - Regulatory Proposal Consultation Guide Conclusion: Development Services June 23, 2021 Report No. DS2021-095 Page 6 of 10 Page 192 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... This report provides an update for Council in regard to the ERO Posting (Regulatory Proposals (Phase 1) under the Conservation Authorities Act) as currently posted for comment on the Environmental Registry (#019-2986). Staff are generally supportive of the proposed regulations and as noted in this report specific Township comments will be provided through the ERO posting to seek greater clarity on the potential implications to the Township. On this basis, staff are recommending to Council that Planning Staff be authorized to submit comments on behalf of the Township through the EBR posting consistent with those identified in Report DS 2021-095. Respectfully submitted: Andria Leigh, MCIP, RPP, Director, Development Services Approvals: Date: Robin Dunn, CAO June 17, 2021 Development Services June 23, 2021 Report No. DS2021-095 Page 7 of 10 Page 193 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re: Propos... Schedule 1 Environmental Registry of Ontario Regulatory proposals (Phase 1) under the Conservation Authorities Act ERO number 019-2986 Notice type Regulation Act Conservation Authorities Act, R.S.O. 1990 Posted by Ministry of the Environment, Conservation and Parks Notice stage Proposal Proposal posted May 13, 2021 Comment period May 13, 2021 - June 27, 2021 (45 days) Open Last updated May 13, 2021 This consultation closes at 11 :59 p.m. on: June 27, 2021 Proposal summary We are proposing new regulations to focus conservation authorities on their core mandate by prescribing mandatory programs and services they must provide, give municipalities greater control over what conservation authority programs and services they will fund, consolidate "Conservation Areas" regulations and to require community advisory boards. On this page 1. Proposal details 2. Supporting materials 3. Comment 4. Connect with us Proposal details On December 8, 2020, Bill 229, the Protect, Support and Recover from COVID- 19 Act(Budget Measures), 2020, which made changes to the Conservation Authorities Act and the Planning Act, received Royal Assent. These changes will improve the governance, oversight and accountability of conservation authorities, while respecting taxpayer dollars by giving municipalities more say over the conservation authority programs and services they pay for. The Ministry of the Environment, Conservation and Parks (MECP) is now proposing to move forward with our first of two phases of regulatory amendments to implement the Development Services June 23, 2021 Report No. DS2021-095 Page 8 of 10 Page 194 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... legislative changes previously made to the Conservation Authorities Act and those recently made through the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020. The regulations the government proposes to introduce as part of the first phase would set out the following: • Mandatory programs and services that conservation authorities would be required to provide, including core watershed-based resource management strategies. • A requirement for agreements between conservation authorities and their participating municipalities for the use of municipal levies to fund non-mandatory programs and services an authority determines are advisable in its jurisdiction. o The proposed regulation may set out a specific time in which the agreements must be reviewed and to determine whether or not the agreements will be renewed. • Details of the transition plan conservation authorities must prepare, including an inventory of the authority's programs and services, the consultation process with participating municipalities on the inventory, and steps taken to enter into these agreement(s) with participating municipalities for the use of municipal levies for non- mandatory programs and services the authority determines are advisable in its jurisdiction. • The consolidation of each of the current individual conservation authority `Conservation Areas' regulations made under Section 29 of the Conservation Authorities Act into one Minister's regulation. This would set out, for example, prohibited activities and activities requiring permits on conservation authority owned lands. • Requirements for each conservation authority to establish a community advisory board to include members of the public, and providing that conservation authority by-laws may govern the operation of these and other advisory boards that may be established by the authority. Greater detail on these proposed regulations can be found in a Consultation Guide. In the coming months, the MECP will be consulting on the second phase of proposed regulations under the Conservation Authorities Act, including: • Municipal levies governing the apportionment of conservation authority capital and operating expenses for mandatory programs and services and for non-mandatory programs and services under municipal agreement. This would also set out provisions pertaining to municipal appeals of conservation authority municipal levy apportionments, including who would hear those appeals. • Standards and requirements for the delivery of non-mandatory programs and services. Supporting materials • Conservation Authorities Act • More Homes, More Choice Act, 2019 (Bill 108) • Made-in-Ontario Environment Plan • Online consultation with stakeholders • Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (Bill 22... Development Services June 23, 2021 Report No. DS2021-095 Page 9 of 10 Page 195 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Related ERO notices • Updating the Conservation Authorities Act View materials in person Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time. Please reach out to the Contact listed in this notice to see if alternate arrangements can be made. Comment Let us know what you think of our proposal. Have questions? Get in touch with the contact person below. Please include the ERO number for this notice in your email or letter to the contact. Read our commenting and privacy policies. Submit online Submit a comment Submit by mail Liz Mikel Conservation and Source Protection Branch 40 St Clair Ave W 14th Flr Toronto, ON M4V 1 M2 Contact Liz Mikel Phone number 705-313-0563 Email address ca.office(a)ontario.ca Development Services June 23, 2021 Report No. DS2021-095 Page 10 of 10 Page 196 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re: Propos... MINISTRY OF THE ENVIRONMENT, CONSERVATION AND PARKS REGULATORY PROPOSAL CONSULTATION GUIDE: Regulations Defining Core Mandate and Improving Governance, Oversight and Accountability of Conservation Authorities Page 197 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re: Propos... TABLE OF CONTENTS PURPOSE ...................................................................................................................2 INTRODUCTION .........................................................................................................2 REGULATORY PROPOSAL CONSULTATION GUIDE.............................................3 PART ONE: PROGRAMS AND SERVICES DELIVERED BY CONSERVATION AUTHORITIES ............................................................................................................4 1. MANDATORY CONSERVATION AUTHORITY PROGRAMS AND SERVICES REGULATION............................................................................................................. 5 A. MANDATORY PROGRAMS AND SERVICES RELATED TO THE RISK OF NATURAL HAZARDS........................................................................................... 5 B. MANDATORY PROGRAMS AND SERVICES RELATED TO THE MANAGEMENT OF CONSERVATION AUTHORITY LAND ................................ 7 C. MANDATORY PROGRAMS AND SERVICES RELATED TO SOURCE PROTECTION AUTHORITY RESPONSIBILITIES UNDER THE CLEAN WATER ACT, 2006 .......................................................................................................... 10 D. MANDATORY PROGRAMS AND SERVICES RELATED TO LAKE SIMCOE REGION CONSERVATION AUTHORITY RESPONSIBILITIES UNDER THE LAKE SIMCOE PROTECTION ACT, 2008................................................. 12 E. MANDATORY PROGRAMS AND SERVICES RELATED TO A CONSERVATION AUTHORITY'S RESPONSIBILITIES UNDER AN ACT PRESCRIBED BY REGULATION. ..................................................................... 15 F. MANDATORY PROGRAMS AND SERVICES PRESCRIBED IN REGULATION (Within the Year after the Transition Period for Municipal Funding Agreements for Non-Mandatory Programs and Services). ................................. 16 CONSERVATION AUTHORITY COSTS NOT RELATED TO DELIVERY OF PROGRAMS AND SERVICES.................................................................................. 22 2. NON-MANDATORY CONSERVATION AUTHORITY PROGRAMS AND SERVICES ................................................................................................................ 22 A. REGULATION FOR MUNICIPAL AGREEMENTS AND TRANSITION PERIOD.............................................................................................................. 23 Municipal Agreements........................................................................................ 24 TransitionPlans.................................................................................................. 24 PART TWO: GOVERNANCE AND OVERSIGHT OF CONSERVATION AUTHORITIES .......................................................................................................... 27 1. REGULATION TO REQUIRE `COMMUNITY' ADVISORY BOARDS ............... 27 PART THREE: OTHER REGULATORY MATTERS................................................. 29 1. SECTION 29 MINISTER'S REGULATION ........................................................ 29 1 Page 198 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re: Propos... PURPOSE The Ministry of the Environment, Conservation and Parks (the "ministry") is consulting on proposed regulations that would be made under the Conservation Authorities Act to ensure that conservation authorities focus and deliver on their core mandate of helping protect people and property from the risk of natural hazards, the conservation and management of conservation authority-owned lands, and their roles in drinking water source protection and to improve governance and oversight in conservation authority operations. The purpose of this consultation guide is to provide a description of the proposed regulations in order to obtain feedback on the ministry's regulatory postings on the Environmental Registry of Ontario and Ontario's Regulatory Registry. Comments on the regulatory proposals may be submitted through either registry before the date indicated or can be emailed directly to the ministry at ca.office(a)ontario.ca. The comments received from the posting will be considered by the ministry when developing the proposed regulations. INTRODUCTION In 2018, the government made a commitment in its "Made-in-Ontario Environment Plan" to collaborate with municipalities and other stakeholders to ensure that conservation authorities focus and deliver on their core mandate. As part of that commitment, the government passed the More Homes, More Choice Act, 2019 which received Royal Assent on June 6, 2019 and made amendments to the Conservation Authorities Act. Beginning in late 2019, the ministry undertook extensive consultations with municipalities, the public, landowners, development, agricultural, environmental and conservation organizations as well as conservation authorities, about the core role of conservation authorities. The government takes consultation seriously, which is why the ministry also posted an online survey in January 2020 to gather feedback from the general public and anyone who was unable to attend the in-person sessions. The extensive and valuable feedback received informed legislative amendments to the Conservation Authorities Act that were made through Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 which passed on December 8, 2020. These changes will help ensure conservation authorities are best serving the needs of their communities and allow them to focus and deliver on their core mandate, as committed to in the Made-in-Ontario Environment Plan. 2 Page 199 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... The government is proposing to proclaim un-proclaimed provisions in the Conservation Authorities Act (stemming from amendments made in 2017, 2019, and 2020) through a staged process. This will enable accommodation of a staggered rollout of regulations (in two phases) and policies that are to be consulted on and developed in the future. The first of these proclamations occurred on February 2, 2021 and included provisions related to conservation authority governance as well as items related to housekeeping amendments, government requirements and the Minister's powers. This Consultation Guide supports consultations on the first phase of proposed regulations to be developed. REGULATORY PROPOSAL CONSULTATION GUIDE The proposed regulations for consultation are focused on: - the mandatory programs and services to be delivered by conservation authorities, - the proposed agreements that may be required with participating municipalities to fund non-mandatory programs and services through a municipal levy, - the transition period to establish those agreements, - the requirement to establish `community' advisory boards, and - the Minister's section 29 regulation relating to conservation authority operation and management of lands owned by the authority. Mandatory Programs and Services • Mandatory Conservation Authority Programs and Services Regulation Non-mandatory Programs and Services • Minister's Regulation for Municipal Agreements and Transition Period Governance and Oversight of Conservation Authorities • Regulation to require `Community' Advisory Boards • Regulation to enable conservation authority by-laws (under s.19.1 of the Conservation Authorities Act) to be able to address the advisory boards prescribed by the proposed `Community Advisory Board' regulation. Other Regulatory Matters • Section 29 Minister's Regulation of `Conservation Areas' 3 Page 200 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... PART ONE: PROGRAMS AND SERVICES DELIVERED BY CONSERVATION AUTHORITIES Conservation authorities were established by the Province through municipal resolutions to address cross municipal boundary interests in resource management principally related to water and natural hazard management. The Conservation Authorities Act, sets out the "objects" or goals of a conservation authority to deliver on the prescribed and core mandatory programs and services (which are noted in this section of the Guide) to ensure that conservation authorities are in the best position possible to deliver on their mandate. These objects also provide conservation authorities with the authority to deliver non-mandatory programs and services that their participating municipalities ask them to deliver on a municipality's behalf, or which the conservation authority determines are advisable and has funding including from participating municipalities under agreement. As a result, conservation authorities, with their watershed-based jurisdictions, are able to provide a fuller resource perspective to their municipalities and the Province that supports managing inter-municipal as well as provincial natural resource issues like flooding, drought, erosion, sedimentation and water quality. Especially as Ontario continues to deal with the worsening impacts of climate change, this is supportive of conservation authorities' role to help ensure that the people of Ontario and their properties are protected from events like flooding, drought, and erosion. Under the Conservation Authorities Act, programs and services delivered by conservation authorities can be: • Mandated by the Province (mandatory) and may be funded by provincial grants and/or conservation authority self-generated revenue (e.g. user fees). Where such revenue sources cannot finance the entire costs of those programs, the costs must be raised through the municipal levy. • Non-mandatory programs and services that may be provided by a conservation authority at the request of and on behalf of one or more participating municipalities under the Conservation Authorities Act, if a memorandum of understanding (MOU) or other agreement has been entered into between the parties to have the program or service be funded by municipal levy or by other funding mechanisms that may be set out in the MOU or service contract. • Municipal requests of authorities to provide non-mandatory programs and services on behalf of the municipality from `specified' municipalities; municipalities that are designated in an authority for the purposes of the Clean Water Act, 2006 or the Lake Simcoe Protection Act, 2008, would also require a MOU or other agreement to be entered into between the parties to have the non-mandatory program or service funded by municipal levy or by other funding mechanisms that may be set out in the MOU or the other agreement. • Non-mandatory programs and services that the authority determines are advisable to meet the purpose of the Conservation Authorities Act in their jurisdiction and that 4 Page 201 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... require municipal funding through an agreement with the authority's participating municipalities. These non-mandatory programs and services would be determined at the local CA level and would be beyond those that the province has set out as being required, or that a municipality has indicated it would like the CA to deliver on its behalf. Other funding sources such as self-generated revenue (e.g. user fees), project funding from other government agencies or other organizations may also fund (in whole or in part) conservation authority determined non-mandatory programs and services. 1. MANDATORY CONSERVATION AUTHORITY PROGRAMS AND SERVICES REGULATION In June 2019, the More Homes, More Choice Act, 2019 amended the Conservation Authorities Act to identify the categories of mandatory programs and services which conservation authorities are required to provide where applicable in their specific jurisdictions. The Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 re-enacted this provision. These categories of programs and services are related to: A. Risk of natural hazards. B. Conservation and management of lands owned or controlled by a conservation authority, including any interests in land registered on title. C. Conservation authority duties, functions and responsibilities as a source protection authority under the Clean Water Act, 2006. D. Lake Simcoe Region Conservation Authority duties, functions and responsibilities under the Lake Simcoe Protection Act, 2008. E. Conservation authority duties, functions and responsibilities under other legislation prescribed by regulation. Proposed to be: • On-site sewage systems approvals by North Bay-Mattawa Conservation Authority as prescribed under the Building Code Act, 1992. F. Other programs or services prescribed by the regulation within a year of the end of the transition period. Proposed to be: • Core Watershed-based Resource Management Strategy • Provincial Water Quality and Quantity Monitoring A. MANDATORY PROGRAMS AND SERVICES RELATED TO THE RISK OF NATURAL HAZARDS Introduction: It is proposed by the Ministry of Natural Resources and Forestry that each conservation authority would be required to implement a program or service to help manage the risk posed by the natural hazards within their jurisdiction, including: flooding, erosion, dynamic beaches, hazardous sites as defined in the Provincial Policy Statement, 2020 5 Page 202 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... (PPS, 2020) and low water/drought as part of Ontario's Low Water response. This program shall be designed to: • identify natural hazards; • assess risks associated with natural hazards including impacts of climate change; • manage risks associated with natural hazards; and • promote public awareness of natural hazards. Managing risks associated with natural hazards may include prevention, protection, mitigation, preparedness and response. Mandatory Programs and Services related to the Risk of Natural Hazards include: 1. Administration of permits issued under section 28.1 of the Conservation Authorities Act, including associated enforcement activities (sections 28.1 and 28.1.2 once proclaimed). Where appropriate, conservation authority administration of permits may include coordinated involvement in other review or approval processes in accordance with applicable law (e.g. conservation authorities' role in commenting on Environmental Assessment Act, Drainage Act, Aggregate Resources Act, Niagara Escarpment Planning and Development Act proposals.) 2. Land-use planning input on behalf of the Ministry of Natural Resources and Forestry related to the Natural Hazards policies of the PPS, 2020 under the Planning Act (excluding policies associated with wildland fires) in accordance with Provincial One Window Planning Service protocols, including, when appropriate, Planning Act appeals to the Local Planning Appeal Tribunal related to Natural Hazard policies, and input into review of applications for new or amended Special Policy Areas. 3. Flood forecasting and warning in accordance with and, at a minimum, to the extent described by approved provincial standards. 4. Operation and maintenance of: • any water control infrastructure (including soft or hard structures) owned or controlled by the conservation authority that mitigates risk to life and property damage from flooding or supports low flow augmentation; • any erosion control infrastructure owned or controlled by the conservation authority; • the completion of operational and asset management plans; and • infrastructure operations, maintenance, rehabilitation/repair and the undertaking of any associated necessary technical or engineering studies, including dam safety studies and emergency preparedness plans. 5. Ice management services (preventative or remedial) as appropriate and as supported by an authority approved ice management plan, including: • development and updating of plans; 6 Page 203 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... • control of ice, including potential standby equipment (e.g. icebreaker put in place in advance of ice season to prevent ice formation); and • addressing ice-related erosion. 6. Low water monitoring and communications in accordance with and, at a minimum, to the extent described by approved provincial standards. 7. Collection, provision, and management of information as needed to support the conservation authorities to: • delineate and map hazard areas; • develop plans and policies to guide appropriate management and use of hazard lands within the conservation authority's jurisdiction, including shorelines and rivers; • study surface water flows and levels (e.g. low/peak flow, water budget, surface/groundwater interactions, flood hazard); • study stream morphology; • study the potential impact of changing climatic conditions on natural hazards; and • study design to mitigate natural hazards. 8. Communications, public awareness and education regarding the risk of natural hazards present within the jurisdiction of the authority to public safety, and to consult on program components as required. B. MANDATORY PROGRAMS AND SERVICES RELATED TO THE MANAGEMENT OF CONSERVATION AUTHORITY LAND Introduction: Conservation authority owned land has been acquired under the Conservation Authorities Act, mainly through cost shared purchases by the province and municipalities, but also through other means, such as donations. In a number of cases, this land was acquired as it is considered to be hazardous for development. This would include any land that had been previously expropriated by the authority. The power of a conservation authority to expropriate land has been removed by the amendments to the Act made by the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020. Public benefits of these properties reflect the provincial/municipal mandate for conservation authorities in land ownership and include, for example, public safety (i.e. flood control, flood forecasting and warning) and protection of natural heritage. Some of these lands contain buildings (offices, outbuildings and interpretive centres), other structures or amenities (marinas and picnic areas) or works such as flood and erosion control structures. Authority owned land may generate revenue for the authority (e.g. fees for access, permit fees or by leasing land to a tenant) to self finance the land management programs and services or to be applied to other conservation authority programs and services (thereby reducing reliance on municipal levy). 7 Page 204 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re: Propos... Conservation authority land is considered private land and as such is subject to the Planning Act, municipal official plans, zoning and by-laws as well as to property taxes. The mandatory programs and services related to the conservation and management of lands owned or controlled by a conservation authority, including any interests in land registered on title, relate to conservation authority as the owner of its land but also to land owned by others where the conservation authority has an `interest' or right related to that other person's property, as granted by the property owner. For example, property owners may grant easements registered on their title to conservation authorities; i.e. `conservation easements' that may protect a natural heritage feature or `access easements' that may enable a conservation authority to develop trails that cross another landowner's property. Each conservation authority will be required to implement the following mandatory programs and services related to the conservation and management of lands owned or controlled by the authority, including any interests in land registered on title, within their jurisdiction. Mandatory Programs and Services related to the Management of Land Owned by Conservation Authorities include: 1. Administration of the section 29 Minister's regulation of `Conservation Areas' or land owned by conservation authorities including the setting out of fees, permits and enforcement activities. 2. A conservation authority shall have a strategy for all conservation authority owned or controlled lands which could include: Guiding principles, objectives, including for an authority's land acquisition and disposition strategy, land use categories on conservation authority owned land, recommended management principles for different land categories, etc. • A broader jurisdictional assessment using existing information (for example natural hazard information from an existing watershed plan or study, or other existing sources for natural heritage systems, wildlife corridors, connecting conservation land through trails, linking with others' land and trails, etc.) • Public participation in the planning process when developing or updating the `overarching' conservation authority land strategy. 3. A conservation authority shall have a policy regarding the securement/acquisition and disposition of land owned or controlled by the authority. This policy shall be approved by the authority by resolution. • Land acquisition or securement policy shall be in accordance with current legislation and provincial policy for conservation authority land securement / acquisition. 8 Page 205 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... • Much conservation authority owned land was purchased using provincial grants issued under the Conservation Authorities Act and the purchase cost shared by municipal levy. For the disposition of lands purchased in this manner, a conservation authority requires Minister's approval to dispose of that conservation authority owned land. • The government is proposing that the requirements for a Minister's approval on the disposition of conservation authority property (land/fixed assets) (should not involve the disposition of conservation authority property that relate to hazardous lands) will continue as set out in current provincial policy. o Generally, current ministry policy would not support the approval of dispositions of conservation authority property that relate to hazardous lands, provincially significant conservation land, natural heritage features or areas (including environmentally/ecologically sensitive land) or for managed/agreement forest lands. 4. A conservation authority shall have a management plan for each property owned or controlled by the authority. For groups of smaller properties that are, for example, related in environmental sensitivity or land use, one management plan could cover the multiple properties. • The management plans may consider specific objectives, including: the purpose for the original acquisition, function, features, special features/sensitive areas for protection, use, infrastructure, public input; or other considerations that the authority decides may be applicable. • The management plans may involve, as appropriate, a resource inventory. • An authority shall update/approve the management plans when the authority deems necessary. 5. Management and maintenance of conservation authority owned or controlled lands (based in the management plans) related to: • Land management and stewardship activities related to protecting natural heritage systems/features/values to ensure the property is maintained in accordance with the authority approved management plan for natural heritage management. • Employing best management practices to protect and conserve provincially significant conservation lands and natural heritage features as appropriate including environmentally or ecologically sensitive lands (for habitat restoration/rehabilitation, invasive species control, fish and wildlife monitoring). • Monitoring and enforcement actions to ensure the maintenance of the property boundaries and also the land title from encroachments as well as to ensure the ecological integrity of conservation authority owned properties, to address illegal activity, with a goal also of reduction of liability and risk associated with the use of the properties. • Identification, mapping and assessments as appropriate to determine maintenance and repair needs as well as whether changes are required to any management plan. 9 Page 206 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re: Propos... Note that other land uses, such as the provision of recreational opportunities or environmental education, on conservation authority owned land are not mandatory programs or services (including management and maintenance of lands for these purposes). C. MANDATORY PROGRAMS AND SERVICES RELATED TO SOURCE PROTECTION AUTHORITY RESPONSIBILITIES UNDER THE CLEAN WATER ACT, 2006 Introduction: The Province's Clean Water Act, 2006 is part of a multi-barrier approach to ensure safe and sustainable drinking water for Ontarians. We continue to ensure that our drinking water sources are among the best protected in the world through requiring collaborative, watershed-based source protection plans that are locally driven and based in science and focused on prevention. Source protection plans contain a series of locally developed policies that reduce, eliminate or manage the risks of various activities to sources of drinking water. Under the Clean Water Act, 2006 conservation authorities are required to exercise and perform the powers and duties of a drinking water source protection authority. Each conservation authority therefore would be required to implement programs and services related to those responsibilities as source protection authorities under the Clean Water Act, 2006. Mandatory Programs and Services for Conservation Authorities related to Source Protection Authority Responsibilities under the Clean Water Act, 2006 are as follows: 1. Administration of the prescribed composition of the source protection committee and administrative support to source protection committees (Subsections 4(2) or 6(2) and section 7 of the Clean Water Act, 2006 and O. Reg. 288/07: Source Protection Committees) • Maintaining source protection committees by filling vacancies as required by the Clean Water Act, 2006 and O. Reg. 288/07: Source Protection Committees; • Assisting the source protection committee in exercising and performing the committee's powers and duties under the Clean Water Act, 2006; • Providing scientific, technical and administrative support and resources to the source protection committee; and • Where there is a source protection region, the lead conservation authority undertakes the above in addition to leading work in the region for assessment reports and source protection plan amendments, consultation, progress reports, and for coordinating with other source protection authorities as required and set out in agreements between source protection authorities in the region. 10 Page 207 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... 2. Preparing amendments to assessment reports and source protection plans (Sections 34, 35 and 36 of the Clean Water Act, 2006). • Updating the text and mapping in an assessment report and source protection plan to include new drinking water systems and associated vulnerable areas or amend vulnerable areas and risk assessments where drinking water systems change, as provided by drinking water system owners. o As part of this, source protection authorities are required to issue a Notice to drinking water system owners. • Complying with orders under sections 35 and 36 of the Clean Water Act, 2006. • Developing or revising policies that address risks to sources of drinking water. • Incorporating new scientific information about sources of drinking water, changes in infrastructure or land use. • Completing related land use mapping necessary (e.g. managed lands, impervious surfaces) to determine the risk posed by various prescribed drinking water threats, new local or provincially-identified threats, and to address changes to the Clean Water Act, 2006, O. Reg. 287/07: General Regulation or Director's Technical Rules made by the Province. • Receiving information from municipalities regarding a proposal to create or modify transport pathways in wellhead protection areas and intake protection zones, or from municipalities or risk management officials as a result of field- verified knowledge of existing transport pathways, to determine if assessment reports or plans should be amended. • Clarifying requirements for amendments to assessment reports and plans, vulnerable area delineations, risk assessments, and transport pathways with municipalities or drinking water system owners and their consultants. • Consulting with municipalities and other bodies responsible for implementing plan policies (such as provincial ministries and agencies such as the Technical Standards and Safety Authority and Niagara Escarpment Commission), other persons or bodies as may be required by the Clean Water Act, 2006, as well as neighbouring source protection authorities where required. • Consulting with the ministry's staff involved with the source protection program on proposed amendments, including during the early development phase. • Ensuring publication and notice of the proposed amendments (to the assessment reports and source protection plans) are completed in accordance with the Clean Water Act, 2006, regulations and orders. 3. Implementing source protection plan policies (Sections 38 and 45 of the Clean Water Act, 2006, and section 33 of O. Reg. 287/07). • Complying with obligations imposed by significant threat policies that rely on Part III of the Clean Water Act, 2006, and by other strategic action policies directed to the source protection authority. • Conducting monitoring directed to the source protection authority in accordance with monitoring policies set out in the source protection plan. • Clarifying Clean Water Act, 2006, regulations and source protection plan requirements and implementation responsibilities as necessary to municipalities, 11 Page 208 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... landowners or other persons impacted by source protection policies, including interpreting technical (scientific) work and plan policies. • Responding to requests to review proposals in wellhead protection areas and intake protection zones to identify the source protection policies that apply and note potential effect(s) of the project on source water where required (such as under the Planning Act, Environmental Assessment Act or associated applications under the Environmental Protection Act and Ontario Water Resources Act). 4. Tracking and reporting on the progress of source protection plan implementation (Section 46 of the Clean Water Act, 2006). • Liaising with public bodies responsible for implementing plan policies including municipalities, provincial ministries and agencies to collect information that tracks the progress of source protection plan implementation and issues that arise. • Fulfilling reporting obligations set out in the Clean Water Act, 2006 and O. Reg. 287/07 General Regulation. 5. Maintaining and providing access to source protection data and information (Sections 20, 32, 46 of the Clean Water Act, 2006 and section 12, 21, subsections 52(5) and 52(6) of O. Reg. 287/07). • Ensuring the assessment report, source protection plan and any amendments and updates, as well as public progress reports, are available on the Internet. • Providing updated maps and data to the Province for assessment report and source protection plan amendments. • Providing progress report information and supporting data to the Province. D. MANDATORY PROGRAMS AND SERVICES RELATED TO LAKE SIMCOE REGION CONSERVATION AUTHORITY RESPONSIBILITIES UNDER THE LAKE SIMCOE PROTECTION ACT, 2008. Introduction: Our government is committed to the ongoing protection and restoration of the ecological health of the Lake Simcoe Watershed as outlined in the Lake Simcoe Protection Act, 2008. The Act is delivered through the Lake Simcoe Protection Plan, which addresses long term environmental issues in Lake Simcoe and its watershed by building on science and monitoring programs that inform the adaptive management approach used to address threats to the ecosystem, such as degraded water quality, unsustainable land uses and pressures of human activity. Lake Simcoe Region Conservation Authority is a key public body that works in collaboration with provincial ministry leads, including the Ministry of the Environment, Conservation and Parks, Ministry of Natural Resources and Forestry and Ministry of Agriculture, Food and Rural Affairs as well as municipalities, Indigenous communities and others to support the delivery of many Lake Simcoe Protection Plan policies. 12 Page 209 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re: Propos... The Lake Simcoe Protection Plan and its policies are given legal effect in two distinct ways. a) Protect, restore and enhance ecosystem health: "Designated Policies" and "Have Regard Policies" have legal effect when implemented through decision making under six prescribed instruments (i.e., legislation). The Lake Simcoe Region Conservation Authority's s.28 permit under the Conservation Authorities Act is a prescribed instrument under the Lake Simcoe Protection Act that is used to implement specific policies of the Lake Simcoe Protection Plan. Under the Lake Simcoe Protection Act, the Lake Simcoe Region Conservation Authority is under an obligation to ensure that its Conservation Authorities Act s.28 permit decisions conform to the applicable designated policies in the Lake Simcoe Protection Plan and have regard to other certain specified policies. The appendix to the Lake Simcoe Protection Plan sets out which policies are implemented through Lake Simcoe Region Conservation Authority's s.28 permit. b) Adaptive management informed by science and monitoring: "Strategic Actions and Monitoring Policies" are implemented through a multi-agency partnership approach. Lake Simcoe Protection Plan Monitoring Policies have legal effect obligating the Lake Simcoe Region Conservation Authority to collaborate in the delivery of monitoring programs led by the Ministry of Natural Resources and Forestry and/or the Ministry of the Environment, Conservation and Parks. Strategic Action Policies are not legal obligations; however, the Lake Simcoe Region Conservation Authority has committed to leading and/or supporting their implementation. Mandatory Programs and Services related to the Lake Simcoe Region Conservation Authority's duties, functions and responsibilities under the Lake Simcoe Protection Plan are: • the monitoring policies and strategic action policies in the Lake Simcoe Protection Plan where the policy names the Lake Simcoe Region Conservation Authority as the lead body or collaborating body with other public bodies (see table of relevant Lake Simcoe Protection Plan policies below). Table of Relevant Lake Simcoe Protection Plan Policies Policy Description Listed Policy Lead Description of LSRCA role in Policy Chapter 3 Aquatic Life 3.4 SA Develop baseline mapping of aquatic Ministry of Natural Collaborating body habitat in lake and tributaries Resources and Forestry MNRF 13 Page 210 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... 3.5 SA Undertake research projects on the MNRF Collaborating body aquatic communities in lake and tributaries 3.6 M Aquatic Community Monitoring MNRF Collaborating body Program Chapter 4 Water Quality 4.5 SA Prepare and implement stormwater Municipalities Collaborating body management master plans 4.22 M Enhanced water quality monitoring Ministry of the Collaborating body program Environment, Conservation and Parks MECP 4.23 SA Promote, conduct and support MECP/ MNRF/Ministry of Collaborating body scientific water quality research Agriculture, Food and Rural Affairs 4.24 SA Develop phosphorus reduction strategy MECP Collaborating body Chapter 5 Water Quantity 5.1 SA Develop in-stream flow targets MECP/MNRF Collaborating body 5.2 SA Tier 2 Water Budgets Lake Simcoe Region Lead Conservation Authority LSRCA Chapter 6 Shorelines, Natural Heritage 6.12 SA Shoreline Management Strategy MNRF Collaborating body 6.30 SA Define key natural heritage & MNRF Collaborating body hydrologic features 6.31 SA Map natural areas abutting Lake MNRF/ MECP Collaborating body Simcoe 6.37 SA Develop guidelines for significant MECP/ MNRF Collaborating body groundwater recharge areas 6.46 SA Development of a template for MNRF/ MECP Collaborating body municipal site alteration and tree cutting bylaws 6.47 SA Delineate riparian areas for restoration MNRF/LSRCA Lead 6.48 SA Map areas of high-quality cover MNRF Collaborating body 6.49 SA Identify stressed sub-watersheds or MNRF / MECP/ LSRCA Lead portions from a natural heritage perspective 6.50 M Develop a monitoring program, targets, MNRF/MECP/LSRCA Lead indicators for natural heritage and hydrologic features 14 Page 211 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Chapter 7 Other Threats and Activities 7.1 SA Outreach on invasive species MNRF Collaborating body 7.2 SA Community based social marketing to MNRF Collaborating body improve knowledge of control of invasive species 7.7 SA Evaluate and report on the risk related MNRF Collaborating body to ponds contributing to invasive species 7.10 M Develop terrestrial invasive species MNRF Collaborating body monitoring program and annually implement 7.11 SA Develop climate adaption strategy for MECP Collaborating body Lake Simcoe Chapter 8 Implementation 8.1 SA Develop guidelines to provide direction LSRCA/MECP Lead on identified sub watershed areas 8.2 SA Undertake sub-watershed evaluations LSRCA/ MECP Lead that build on and integrate source protection plans 8.3 SA Develop and complete sub-watershed LSRCA Lead evaluations for priority sub-watersheds E. MANDATORY PROGRAMS AND SERVICES RELATED TO A CONSERVATION AUTHORITY'S RESPONSIBILITIES UNDER AN ACT PRESCRIBED BY REGULATION. Introduction: This category of mandatory programs and services refers to responsibilities that may be assigned to conservation authorities through other legislation (other than the Conservation Authorities Act, Clean Water Act, 2006 or Lake Simcoe Protection Act, 2008) and which are proposed to be prescribed in regulation under the Conservation Authorities Act: Mandatory Programs and Services under other legislation: a) On-site sewage systems (septic systems) approvals by North Bay-Mattawa Conservation Authority as prescribed under the Building Code Act, 1992. 15 Page 212 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Ontario Building Code/Septic Inspections Municipalities are generally responsible for the enforcement of the Building Code Act, 1992, including issuing septic system approvals, and can choose to delegate this responsibility to others (such as public health units or conservation authorities) by agreement. Others may also be prescribed in regulation as responsible for certain aspects of enforcement. When a conservation authority is prescribed under the Building Code Act, 1992 for septic system approvals and enforcement, the responsibilities would become a mandatory program and service proposed to be prescribed in regulation under the Conservation Authorities Act. • North Bay-Mattawa Conservation Authority is currently the only conservation authority prescribed in regulation to enforce provisions related to sewage systems under the Building Code Act,1992 (e.g., approve permits for on-site sewage systems). Other conservation authorities may have already or could enter into agreements to approve on-site sewage systems on behalf of municipalities under the Building Code Act,1992, but this would not be considered a mandatory program or service under the Conservation Authorities Act. F. MANDATORY PROGRAMS AND SERVICES PRESCRIBED IN REGULATION (Within the Year after the Transition Period for Municipal Funding Agreements for Non-Mandatory Programs and Services). Introduction: The Conservation Authorities Act also allows for the prescribing of `other' programs and services not listed in previous mandatory categories. These `other' programs and services must be prescribed within a year after the end of the transition period. Within this year municipalities and conservation authorities are to create an inventory of their programs and services and enter into agreements for municipal funding of non- mandatory programs and services through a municipal levy, where applicable. Mandatory Programs and Services to be prescribed: 1. Core Watershed-based Resource Management Strategy: A watershed-based resource management strategy can provide a means to develop an improved integrated planning process with a longer-term perspective for the delivery of the mandatory programs and services that all conservation authorities must deliver. The results may inform an adaptive management approach to address the issues or threats that these mandatory programs and services may be addressing such as mitigating the 16 Page 213 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... risk from the impacts of natural hazards. A successful strategy should also help ensure effective and efficient use of funding, especially of the municipal levy. To capture the value of the broader watershed and resource management perspective that conservation authorities have, the ministry is proposing that each conservation authority be required to develop a core watershed-based resource management strategy that documents the current state of the relevant resources (principally water resources) within their jurisdictions in the context of the mandatory programs and services described in this section of the Guide. The benefit to having a watershed-based resource management strategy is that it can potentially: • Identify changes over time, causal relationships, issues, and stressors for input into a plan of action; • Identify the best, most cost-effective management approach to mitigate the risk or issue; • Propose key or strategic management activities; • Monitor the authority's performance in meeting any key management activities; and • Monitor outcomes of proposed key or strategic management activities. Aspects of watershed-based resource management are already embedded in the proposed mandatory programs and services listed in the above sections of this Guide. Conservation authorities currently undertake much of this work, generally related to natural hazard management, with extensive current monitoring, data collection, management and modelling used to track conditions and with existing technical studies. For example, the mandatory programs and service for the risk of natural hazards requires conservation authorities to undertake watershed-based collection, provision, and management of information as needed, including to study: • surface water flows and levels (e.g. low/peak flow, water budget, surface / groundwater interactions, flood hazard); • stream morphology; and • the potential impact of changing climatic conditions on natural hazards. The resource management strategy could also be informed by the development of the mandatory authority land acquisition and disposition strategy or policy detailed above. As part of this, an authority may, for example, review information from an existing watershed plan or study for acquiring natural hazard land, or assess municipal plans that delineate natural heritage systems for acquiring heritage features or review Ministry of Natural Resources and Forestry information on wildlife corridors to connect authority owned land with other lands. Another example that may contribute to the strategy are "watershed characterizations" completed for source protection plans under the Clean Water Act, 2006. 17 Page 214 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... The Ministry is proposing that the core watershed-based resource management strategy could include the following components: • guiding principles and objectives; • characterization of the current state and management of the natural resources related to the mandatory programs and services, in specific watersheds (if appropriate) or at the authority's jurisdictional scale; • scope of the strategy; • details of existing technical studies, monitoring frameworks, relevant provincial policy and direction; • analysis and plan of potential actions for more effectively implementing the mandatory programs and services on an integrated basis; and • annual reporting on the accomplishments, outcomes, impacts of the strategy. The strategy would include provisions for review and periodic updating to support the design and implementation of the mandatory programs and services the strategy is intended to support. Mandatory Programs and Services that would be incorporated in the strategy: CONSERVATION POTENTIAL FUNDING PROGRAM AND/OR ACTIVITY AUTHORITY (CA) MECHANISMS ROLE RELATED TO THE RISK OF NATURAL HAZARDS Ministry of Natural Provincial Flood Forecasting and Warning Program Resources and Forestry MNRF Grant, Municipal (MNRF) lead, CA Levy delivers Flood and Erosion Control Infrastructure Operation CA Lead MNRF Grant, Municipal Levy Natural Hazard (floodplain) Mapping For Land Use Municipal lead, CA MNRF Grant, Municipal Planning delivers Levy S.28 Permitting CA Lead Municipal Levy, Permit Fees Studies Supporting Natural Hazard Program CA lead MNRF Grant, Municipal Levy RELATED TO THE CONSERVATION/MANAGEMENT OF AUTHORITY OWNED LANDS Land Acquisition Strategy or Policy CA lead Municipal Levy, Self-generated revenue Land Management for the Protection of Natural CA Lead Municipal Levy, Heritage Self-generated revenue "OTHER" MANDATORY PROGRAMS AND SERVICES Ministry of the Environment, Municipal Levy Water Quantity and Quality Monitoring Conservation and Parks lead, CAs monitoring/data 18 Page 215 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Potential Non-Mandatory Extension of the Strategy's Scope The ministry further recognizes that there is significant variation in the circumstances of individual conservation authorities and the programs and services they offer. Depending on the circumstances of a conservation authority, such a resource management strategy could be extended to cover a broader range of natural resource areas than the core mandate of mandatory programs and services set out in this Guide. Additional non-mandatory resource management components could be included in the strategy and be based in a similar process of resource assessment, technical studies and/or monitoring including using existing information (for example in municipal plans or leveraged from the natural hazard or other mandatory programs), and thus expand the benefit of the strategy's integrated perspective. As noted above, if municipal funding is required to finance (in whole or in part) the development of such additional components, such as non-mandatory resource management components there are two mechanisms: if the non-mandatory program is one being delivered by the authority on behalf of a participating municipality through a MOU, the MOU could be amended accordingly. Similarly, where the component of the strategy is to support a non-mandatory program or service the authority has determined is advisable to further the purposes of the Act, the authority's agreement with participating municipalities can ensure the necessary funding for the strategy to play that role. Funding from others (such as other provincial grant programs, federal government programs, foundations or funding from conservation organizations etc.) could also support the development of non-mandatory resource management monitoring/studies to add into an authority's watershed-based resource management strategy. Funding partners may want to consider whether as part of paying for a non-mandatory program and service the authority would need to include it in the strategy, so as to provide the integrated perspective to the design and implementation of that non- mandatory program or service. Non-Mandatory Programs and Services on Behalf of a Municipality PROGRAM AND/OR ACTIVITIES CONSERVATION POTENTIAL FUNDING AUTHORITY ROLE MECHANISMS RELATED TO PRIVATE LAND STEWARDSHIP EXTENSION SERVICES Restoration and Stewardship (Urban, Rural, CA lead/delivery Municipal Agreement/MOU Agriculture) Other, OMAFRA Grants Tree Planting and Forest Management CA lead/deliver Agreement/MOU Wetland Enhancement and Restoration CA lead/delivery Agreement/ MOU Invasive Species Management CA lead/deliver Agreement/ MOU, Other ON BEHALF OF A MUNICIPALITY RELATED TO PLANNING, LAND USE Sub-watershed planning Municipal lead, Municipal MOU CA delivery 19 Page 216 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Stormwater Management Municipal lead, Municipal MOU CA deliver Development Services (to municipalities) Municipal lead, Municipal MOU CA delivery Natural Heritage Mapping Municipal lead, Municipal MOU CA deliver Emergency Management Services (EMS) Mapping Municipal lead, Municipal MOU CA delivery Non-Mandatory Programs and Services an Authority Determines Are Advisable PROGRAM AND/OR ACTIVITIES CONSERVATION POTENTIAL FUNDING AUTHORITY ROLE MECHANISMS AS AN AUTHORITY DETERMINES IS ADVISABLE Non-Mandatory Research CA Lead Municipal Agreement, Other Development Services to Landowners and Others CA Lead Municipal Agreement, Fees Ecological Monitoring Outside of Conservation CA Lead Municipal Agreement, Authority Owned Land Other "May do' Roles Under other Provincial Acts (e.g. CA input Municipal Agreement, commenting roles) Other Ministry mandates Other—Grants ON CONSERVATION AUTHORITY OWNED LAND Purchase of Land for a CA CA Lead Municipal Agreement, Self- generated revenue, Other Resource Development on CA Owned land (Forest CA Self-generated revenue, Management, Hydro Generation) CA Lead Other(Managed Forest Tax Incentive Program) Land Management on CA Owned Land for Recreation CA Lead CA Self-generated revenue, Purposes Other Land management on CA Owned Land for Education, CA Lead CA Self-generated revenue, Training and Cultural Purposes. Other 2. Provincial Water Quality and Quantity Monitoring, including: a. Provincial stream monitoring program b. Provincial groundwater monitoring program At this time, the ministry is proposing mandatory programs and services for conservation authorities related to water quality and groundwater quantity monitoring to be prescribed in this category with the possibility of additional programs and services prescribed later within the timeframe enabled by the Conservation Authorities Act. The ministry is responsible for long term monitoring of water quality of both groundwater and surface water and groundwater levels across the province to understand the state of the environment, to track changes over time, and to have the information available to support work to investigate environmental issues as they arise. The data obtained and analyzed provides scientific support for policy creation and amendment and for environmental assessments and permissions (Environmental Compliance Approvals and Permits to Take Water). 20 Page 217 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... All 36 conservation authorities currently participate in the ministry's programs related to monitoring water quality and groundwater quantity on a voluntary basis: with the Provincial Water Quality Monitoring Network (stream water quality) for over 50 years and in the Provincial Groundwater Monitoring Network (groundwater levels and chemistry) for over 20 years. The ministry manages the water monitoring programs by providing technical leadership, coordination, guidance, data administration, laboratory analysis, instrumentation and training to support the conservation authority role in this work. Conservation authorities install and maintain equipment, collect samples/data, and send samples to the ministry laboratory for chemical analysis. Mandatory Programs and Services for Provincial Water Quality and Quantity Monitoring for conservation authorities include: a) Provincial stream monitoring program • Collection of stream water samples and submission to the ministry for water chemistry analysis. • Collection of in-situ water quality data using equipment provided by the ministry including deploying and calibrating equipment, liaising with the ministry on equipment maintenance and repair, and providing the ministry with the data collected. • Collection of additional water samples in areas that participate in the current pesticide monitoring program or may participate in a future parameter specific initiative. • Participation in annual program meetings, regional meetings and training sessions as required. b) Provincial groundwater monitoring program • Groundwater level, precipitation, barometric pressure and soil moisture data downloaded and provided to the ministry. • Collection of groundwater samples and submission to the ministry for water chemistry analysis according to program protocols. • Maintenance and participation in the repair of program wells and associated equipment. • Confirmation that Landowner Agreements between conservation authorities and private landowners are in place for program wells that are on private lands. • Maintenance of groundwater collection sites. • Participation in program committee meetings, regional meetings and training sessions as required. • Participation in the Protocol-for-Actions (Exceedance Protocol) when a program well reports an exceedance of an Ontario Drinking Water Quality Standard. • Participation in the decommissioning or construction of monitoring wells that are part of the program. 21 Page 218 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... CONSERVATION AUTHORITY COSTS NOT RELATED TO DELIVERY OF PROGRAMS AND SERVICES The above sections of this Guide set out proposed detail regarding what the mandatory programs and services would be for conservation authorities to provide. Municipal levies may be required to fund the implementation of these mandatory programs and services. However, in order to successfully deliver these mandatory programs and services, there are ongoing expenses that enable the conservation authority to function effectively as an organization in delivering public programs and services and ensuring they can best meet the needs of their local communities. These on-going organizational costs include administrative, operating and capital costs which are not directly related to the delivery of any specific program or service, but are the overhead and support costs of a conservation authority. • These expenses could include: staffing and expenses for the authority members (governance costs), general management, clerical, financial (e.g., accounting, payroll), general asset management planning, IT staff, senior management costs, legal costs (termed `back office functions'), office equipment and supplies including IT, vehicles and machinery, workshop space, main office occupancy costs (e.g., heating, utilities, potentially rent), depreciation on owned buildings and equipment, main office maintenance, repair as well as insurance and property taxes. The government is proposing to address these on-going organizational costs of conservation authorities that are not directly related to the delivery of any specific program or service through the un-proclaimed provision in the Conservation Authorities Act that enables an authority to establish a fixed minimal amount as the portion of the conservation authority's operating expenses that a participating municipality is required to pay each year. Such an amount would need to be carefully determined, so as to balance the needs of the conservation authority while respecting taxpayer dollars. This proposal will be consulted on in phase 2 of the ministry's regulatory development along with a proposed levy regulation. 2. NON-MANDATORY CONSERVATION AUTHORITY PROGRAMS AND SERVICES Introduction: We understand that non-mandatory programs and services many conservation authorities provide, such as for recreation or education, are valuable and important to local communities. 22 Page 219 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Un-proclaimed amendments to the Conservation Authorities Act in 2019 would, once proclaimed, require conservation authorities to have mutually agreed upon Memorandums of Understanding (MOUs) or other such agreements (service contracts) with their participating municipalities for the funding of non-mandatory programs and services to be delivered on behalf of a municipality at municipal request through a municipal levy. An example of a non-mandatory program and service that a municipality may request a conservation authority to provide on the municipality's behalf and that would require a MOU would be conservation authority input on municipal land use planning matters outside of natural hazard policies; such as natural heritage policies. Additionally, for the non-mandatory programs and services that the conservation authority determines are advisable to implement in its jurisdiction with funding by municipal levy, the conservation authority would be required to have agreements with each of the participating municipalities for the municipal funding. Municipalities would decide whether or not to fund these programs and services by entering into time limited agreements with the conservation authority. This would provide municipalities greater control and choice and increase transparency in the use of municipal taxpayer funds to pay for conservation authority-initiated programs and services. It is proposed that conservation authorities could continue to provide non-mandatory programs and services without any municipal agreement if the programs and services are funded by revenue that is not from a municipal levy. For example, this could include authority self-generated revenue such as from resource development, conservation area access fees, through contracts with others (government, environmental organizations, etc.) or through government grants. The proposed changes would not limit the Province from continuing to fund conservation authorities for non-mandatory programs and services (e.g. area-specific initiatives) or assigning conservation authorities with additional non-mandatory programs and services in the future, subject to funding and compliance with the Conservation Authorities Act. The ministry is proposing to proclaim sections 21 .1.1, 21 .1 .2 and 21.1.4 of the Conservation Authorities Act and develop one Minister's regulation ("Municipal Agreements and Transition Period" Regulation) that would establish standards and requirements for entering into agreements for municipal funding of conservation authority initiated non-mandatory programs and services. A. REGULATION FOR MUNICIPAL AGREEMENTS AND TRANSITION PERIOD Regulatory authority for agreements for municipal funding of non-mandatory programs and services and the regulatory authority for a transition period/plan to develop the agreements is proposed to be combined into one Minister's regulation - Regulation for Municipal Agreements and Transition Period. 23 Page 220 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Municipal Agreements The un-proclaimed amendments to the Conservation Authorities Act provide requirements for the agreements between conservation authorities and participating municipalities for the use of municipal levies to finance in whole or in part the non- mandatory programs and services that the authority has determined are advisable to further the purposes of the Act. The proposed Agreements and Transition Period regulation could require that the agreements do the following: • Include a provision that the participating municipality agrees to pay its apportioned levy (determined under sections 25 or 27 of the Act in accordance with the regulations) for the non-mandatory program or service. • Set out the termination date of the agreement. o Certain time periods may also be specified for the purposes of reviewing and renewing any such agreements that are reached, such as review by the parties to the agreement at intervals to align with municipal elections and subsequent conservation authority appointments with some consideration to the authority and municipal budget cycles (e.g., 6 months after municipal election). • Include provisions governing early termination and governing notice and resolution of breaches of the agreement. • Include transparency provisions (e.g., that agreements are available to the public online). The ministry is proposing that agreement arrangements between conservation authorities and municipalities could be flexible according to program or service circumstances (i.e. an agreement for a program or service could be with one or more participating municipalities or could be separate agreements per participating municipality including all the conservation authority-determined programs or services that a municipality may agree to fund, etc.). The flexibility is intended to support efficiency, expedite the agreement(s) and be cost effective in any potential legal or accounting fees. Transition Plans The regulation would also govern the matters to be addressed in each authority's transition plan. Un-proclaimed provisions in the Conservation Authorities Act would, once proclaimed, also establish a requirement for a transition plan for conservation authority/municipal agreements to be in place, with the ability to prescribe other additional matters in regulation. The proposed regulation would require each conservation authority to develop and implement a transition plan that includes: 24 Page 221 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... • A workplan and timeline outlining the steps the conservation authority plans to take to develop and enter into agreements with its participating municipalities. • The preparation of an inventory of all of the authority's programs and services, with clear indication for each program and service which of the three categories it fits into (mandatory programs and services where municipal levy could be used without any agreement, non-mandatory programs and services at the request of a municipality with municipal funding through a MOU; non-mandatory programs and services an authority determines are advisable), and how they are funded (e.g., provincial, federal, municipal funding, municipal levy, and self generated revenue). • The consultation process with participating municipalities on the inventory. • A list of any new mandatory programs and services the authority will need to provide to meet the requirements of the mandatory program and services regulation. • A list of non-mandatory programs and services for which the authority will seek municipal agreement to fund via municipal levies, including estimated amounts requested/required from the participating municipalities to do so. • A list of non-mandatory programs and services that do not require municipal agreements (if the programs and services are funded by revenue that is not from a municipal levy). • Steps taken and/or to be taken to enter into these agreements. Conservation authorities would be required to submit copies of their transition plan to the Minister of the Environment, Conservation and Parks for information purposes (not approval) by a date to be set out in the proposed regulation, and to its participating municipalities and to make the plans available to the public online (e.g. on a conservation authority's website). Prescribed Date for Completing Municipal Agreements Included in the proposed regulation would be a prescribed date after which a conservation authority can only use the municipal levy, in whole or in part, to fund non- mandatory programs and services that the authority determined were advisable for its jurisdiction with agreements in place with municipalities that agree to pay for these non- mandatory programs and services. The Ministry of the Environment, Conservation and Parks is proposing January 1 , 2023 as the prescribed date by which agreements must be in place for authorities to use or continue to use the levy powers under the Conservation Authorities Act for their participating municipalities to fund non-mandatory programs and services the authority determines are advisable. This prescribed date would bring the new proposed financial structure for conservation authorities into practice for the authority and municipal fiscal year of 2023. 25 Page 222 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... Given the timelines and process required to achieve the funding transition, the government proposes to require that the mandatory conservation authority transition plans be completed by the end of 2021. During the period of developing and finalizing the conservation authority/municipal agreements, the government is proposing that conservation authorities would be required to report quarterly to the government and public on the progress of obtaining these agreements. This approach would allow for clear determination on the status of progress in the transition to the new funding structure. The schedule of timing of this process is proposed to be as follows: 1. By December 31 , 2021: • Inventory of programs and services to be completed, including identifying which of the authority's non-mandatory programs and services will require agreements with participating municipalities to continue financing (in whole or in part) through the municipal levy. • Consultation with participating municipalities on the inventory undertaken to ensure they agree with the authority's classification of its programs and services. • List of steps set out by the authority to be taken to enter into any agreements with participating municipalities for funding of authority determined programs and services. • These transition materials required to be provided to the Minister. 2. Through the course of the municipal and conservation authority fiscal year 2022: • Quarterly reports by conservation authorities on the status of progress made in attaining agreements with municipalities, provided to the Minister and made public. • The Province could develop a reporting template for the authorities to follow for consistency and clarity. 3. By December 31 , 2022: • All required conservation authority/municipal agreements would need to be in place, and the transition to the new funding model for conservation authorities and municipalities would be reflected in authority budgets for 2023. Extensions to the Transition Period The Ministry is proposing to authorize the granting of extensions to the prescribed date for completing municipal agreements where an authority, with the support of one or more participating municipality in the authority, submits a written request for the extension to the Ministry of the Environment, Conservation and Parks at least 90 days before the end date in the transition period regulation describing: • The length of extension requested. 26 Page 223 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... • The steps the conservation authority has taken to implement its transition plan and enter into agreements with municipalities. • Rationale for providing an extension. The regulation would set out broad circumstances when the Minister would be authorized to grant an extension in order to provide flexibility to authorities and municipalities in the transition to the new levy system. PART TWO: GOVERNANCE AND OVERSIGHT OF CONSERVATION AUTHORITIES 1. REGULATION TO REQUIRE `COMMUNITY' ADVISORY BOARDS As public sector organizations established under the Conservation Authorities Act, conservation authorities are comprised of and governed by a membership of municipally appointed representatives, the collective membership being the authority. Authority members decide on strategic direction and operations of their authority, including policy, programs, their staffing requirements and budgets. Most authority members are currently local elected officials appointed to ensure oversight and accountability for the authority and municipal interest in the authority budget and resource management. A recent amendment to the Conservation Authorities Act requires that at least 70% of the municipally appointed members be elected officials unless an exception is granted by the Minister, upon request of a participating municipality. Under the Conservation Authorities Act, conservation authorities (the membership) can establish advisory boards as they consider necessary to provide advice to themselves. The composition of these advisory boards varies depending on their purpose; many are sector based (development, agriculture) and generally include conservation authority members, key stakeholders, subject matter experts, and members of the general public, and could include Indigenous members. Un-proclaimed provisions in the Conservation Authorities Act enable a Lieutenant Governor in Council (LGIC) regulation governing the establishment of advisory boards, including the ability to require conservation authorities to establish one or more advisory boards and prescribing related requirements with respect to composition, functions, powers, duties, activities and procedures. The government is proposing to proclaim this un-proclaimed provision of the Conservation Authorities Act related to advisory boards and to develop a proposed LGIC regulation to require conservation authorities to establish community advisory boards, that can include members of the public, to provide advice to the authority. The government is also proposing to make a Minister's regulation to provide greater clarity that conservation authority by-laws are applicable to the community advisory boards. The by-laws could apply to any matter not addressed by the regulation, such as 27 Page 224 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... community advisory board meetings. The Minister's regulation would also clarify that the by-laws can speak to any other advisory boards an authority decides to establish. In recognition of the variation in the circumstances of individual conservation authorities, the government is considering an approach to structure the conservation authority community advisory boards with minimal prescribed requirements applied to all the boards, while enabling local flexibility of some aspects of the community advisory board to reflect a conservation authority's circumstances and to accommodate a conservation authority's preferences for their use of the community advisory board. The government would defer other specific details related to the composition, activities, functions, duties, and procedures of the community advisory board to a Terms of Reference document, which would be developed and approved by each authority and reiterated in the authority's by-laws (as enabled by a proposed new regulation to provide greater clarity that conservation authority by-laws may speak to the community advisory boards as prescribed). This Terms of Reference could be amended over time, to ensure the most relevant issues and solutions are considered by the community advisory board and that the membership of the board has the necessary skills to carry out those tasks. The government intends to prescribe certain aspects in regulation related to the composition of the community advisory board, including: • Requiring that members reside in the authority's jurisdiction • Permitting membership from members of the public • Setting a minimum number of members at 5 • Ensuring, where possible, members represent the geographic range of the authority's jurisdiction • Ensuring that a variety of members are sought, including youth and indigenous representatives • Enabling the appointment process of members by public notification and application • Setting a minimum of one authority member (and an alternate) be appointed to the community advisory board and a maximum authority representation of 15% • Requiring that administrative support to community advisory boards be provided by the conservation authorities The government intends to prescribe the following aspects related to procedures of the community advisory board: • Requiring that meeting procedures and relevant policies regarding community advisory board operation be outlined in the Terms of Reference, including quorum, chair, vice-chair and secretary and aligned with conservation authority procedures under Conservation Authorities Acts.19.1 administrative by-laws • Requiring that meetings of the community advisory board be open to the public, with limited exceptions 28 Page 225 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... The government intends to require that the Terms of Reference also outline specific functions and activities of the community advisory board scoped to the authority's needs, and at a minimum enable community advisory board members to: • Provide advice and recommendations to the authority on the authority's strategic priorities and associated policies, programs and services • Discuss opportunities to co-ordinate with other environmental initiatives in the authority's jurisdiction (e.g. municipal) • Identify opportunities for community engagement • Suggest potential community outreach opportunities • Carry out any other functions as identified in the Terms of Reference. The government intends to prescribe the following matters related to accountabilities of the community advisory board: • Stipulating reporting mechanisms and accountability of the community advisory board to the authority • Requiring that all meeting minutes, and the current Terms of Reference, be posted on the internet • Ensuring consistent attendance, codes of conduct etc. (aligned with the s.19.1 conservation authority administrative by-law) • Establishing processes for member removal The government does not intend to prescribe some aspects of the community advisory boards, leaving certain decisions to the authority membership (to be included in the ToR authorities develop for their Community Advisory Boards where applicable) such as: • Total number of community advisory board members • Precise composition or balance of the membership (i.e. the balance of citizens to technical skill sets or rural to urban members, etc.) • When meetings are to occur • Additional activities or functions for the community advisory board as determined by the authority membership • Communication protocol of the community advisory board with the authority • Term/duration of advisory board appointments Conservation authorities would continue to be able to have other advisory boards, should they wish. PART THREE: OTHER REGULATORY MATTERS 1. SECTION 29 MINISTER'S REGULATION Once the new section 29 of the Conservation Authorities Act is proclaimed, a Minister's regulation is proposed to consolidate the current individual authority section 29 `Conservation Areas' regulations regarding activities on lands owned by conservation authorities into one regulation. 29 Page 226 of 255 10.f) DS2021-95, Andria Leigh, Director, Development Services re. Propos... The current individual authority regulations were principally based on a provincially approved template. The ministry is intending for the Minister's regulation to be broadly consistent with the policy principles and provincial content that has been used in the past. The current regulations will continue until such a time that the new Minister's regulation replaces them. Current section 29 regulations manage activities on all authority owned land including the use by the public of the lands and services available; the prohibition of certain activities; setting fees for access and use of lands including recreational facilities; administrating permits for certain land uses; and protecting against property damage and for public safety. The regulations set out prohibited activities (i.e. damaging property or vegetation, excessive noise), and activities requiring permits (e.g., hunting, fund raising, public performance, public meetings, camping permits, day use permits, permits for all-terrain vehicles, off-road vehicles and snowmobiles), the locations for public access and use (e.g., swimming, boating, fires), time periods for public access, management of animals brought by the public, and motor vehicle use on conservation authority owned land. 30 Page 227 of 255 d Dunn, CAO re: Updzite on COVID-19 Actions. J-011 Uj W 'B. b J0 . Q Ow � U r ,4 Y' a w i Qt •,t ' C O�t if C Ov ti CL i i r N O N N C' N N Page 228 of 255 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. Cl O O � N E (o N E N M 0 ca O U N n CuE L- O _ N � N O O %� � O N N N 4-0 O U N L +r O N C� o O E O N r +r V O O O > O o V O Page 229 of 255 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. 4 •U) �� : a) Q U � Q N O � Cu O U) .� Cu N Cu U QL E _ U) O O CL O U 4— _0 a) U •� Cu O U ._ a) iC C 0 U Cu •� a� o C) a) a) a) > O U M -r 0 U C) N 'O +� � ••E Cu 'to L O .� 4- 4-0 N Cu4-0 i 'FU Cu N � > a) U •to 0 Cu V � E • Page 230 of 255 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. E All ° a) w Cn (n U � •� C: - N c6 4-0 O L- CD O 4-0 Q N COM L- O o c� �° a) o E ° _ Q � a) O O � (D -� o � � a) .— a) O Co L E N � O O U N (U a)(u > >O _ 4-0 a) .� .E U) N (6 •> N a) N O a)U > Q U > a) •— O m m 0 > a) .— V • Page 231 of 255 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. A � CL ec a) ° s Ea) O m O � � o a) CL U O a) cn � � M +� Q O U O C U N O :3 U) '> '> °) a — o 0- 0 � O a) 4-0 O E CD O N C -0 a)> .o O O 6- O '� -0 C� O C)- > a) -0 a) .� 4-0 Cn a) Cn o U) r U O CD E ma) — [0C/) o C= O a) > 0 0 Q) -L-f 0 0 O 1 � 4-0 U) +� to U CD U ° C •— L- 0) O 3 N 'L- � O : O 0 0 N O Q O to to O O � O FEE � ._ � � Page 232 of 255 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. U) - N O U }' '> QE �o x O M C o � � c� � o O O � � a) o o .0 p a o '� i o � Eo � CD U) — `~ a) 4-0 O = ^ a) O QLO O U) V 4-0 � � � O � � Q� � � U 4-0 -0 O U) CD a) � c— —0 CD m � a) � U) > ca o O � � O O a) o V °' O � Q ��r ._ — � � M a) a) C: � Cu 0 U a) CY) CU- > � '� ) 00 O Page 233 of 255 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. Ad _0 CY) w > O U � O N _0 � � .> O O C Cu a) a) QL .� o x � � � � o U U to c5 0 E a) a) _ O ° O Cu O •: •— i 'V U L (n a) .O •� O O U_ > o ° � � � � � m 0 - .� - � � U) Cu � U � � � •� O to � � N -0 Q. a) U mono ° > }, V U) CU 0 0 - (1) O •°' � � o U) 0L U a) 0 :3L- > L 0 O a) 'v N .— .> O 4 > � a� - � � t� � V O Page 234 of 255 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. O O w O c Ila 'o O C: U o cU = CuC: � � 0 - > � o a) O U � U. � '� O U O Q U N = O L � '� � 0 N L 4-0 4- > •O O O CU E -r- (6 � E N — CIO Cu CO ---j 0 �: O Q cu O E U O �0 a)a Cu O Cu a) a) in � � -'--a C: -�e C: Cu Ca i5 m r Cu CU U Cp .— O N Oo °W > o � v � � 'c� � L (U U O �p 0 .� 0 0 U > 0 Cl) O °vim 0 — E � > 01- +� O Q O U a)0 o � > � � QOU � 0) O � � Cu (- Page 235 of 255 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. A 0 >I .� — W O 4-- U) 0 L E � � a)Cu _0 � O N C: Q0O� cn � M .— a)O C) Cu V Q — -a U L a) > CL 4� a)4-0 — }, L _ � C/) > O .� -0 r ") w CU 0) L .� O a) — N — Q a) o O a) Cn LoE ^ o - L C: ""0> � U a) O L a--+ U a) 0 V 0C: L .S a) Q Cu ,� O � � m � O O O J — 4-- 0 L � O p >I `~ U � O Q _0 U) N CY) L to O .a O CU 0 N O CV Q L � U O cn U N >' � o CLO � Cu O _N 0 i � � A Qa- con � ELU) Page 236 of 255 14.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... S4 �t�117I5�Ti�l7`f Proud Hcri►gfe, Excrthig Fitture Ward Boundary Review The Township of Oro-Medonte is undertaking a Council Composition and Ward Boundary Review. To learn more, share your thoughts, and find out how to participate, please review detailed information provided on the website at Ward Boundary Review - Oro Medonte (oro-medonte.ca). Current - Phase Two Next steps: • Preliminary Options Report • Phase Two Survey - open until Friday, June 25, 2021 • Recommendations Report - to Council in July For the Council Composition and Ward Boundary Review (C.C.W.B.R), the Township has retained Watson & Associates Economists Ltd., in association with Dr. Robert J. Williams. The guiding principles will help in the development of council composition and ward boundary options for Council to consider for adoption. For additional information, please visit Township of Oro-Medonte website, Ward Boundary Review - Ward Boundary Review - Oro Medonte (oro-medonte.ca). Page 237 of 255 14.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... No- �s. 0'en Township Proud Heritage, Exciting Future Canada Day Office Closures The Township of Oro-Medonte offices will not be staffed on Thursday, July 1st or Friday, July 2nd in recognition of Canada Day. The offices will be open for phone call, email and appointment only services on Monday, July 5t". We wish all residents and visitors a safe Canada Day. Page 238 of 255 14 unty of Simcoe Releases: Volatus Aerospace Accelerates Investmen... COUNTY OF - Release SIMCOE 4 County of Simcoe,Office of the Warden and CAO For the Greater Good 1110 Highway 26,Midhurst,Ontario L9X I N6 simcoe.ca FOR IMMEDIATE RELEASE Volatus Aerospace accelerates investment in Simcoe County Midhurst/June 3, 2021 —One of the County's newest employers is already taking flight, announcing new manufacturing contracts that reinforce its planned growth and job creation in Simcoe County. Volatus Aerospace, Inc., which in March 2021 announced it would be moving some of its operations to the Lake Simcoe Regional Airport (LSRA) employment lands, has formed an agreement to build up to 1,200 FIXAR VTOL drones at the LSRA manufacturing facility. This new agreement will reinforce the company's investment in manufacturing space at the airport and lead to high-quality aerospace jobs in Simcoe County. Volatus will also be developing their other proprietary aircraft systems including the Velos and Vedette. "We are thrilled that Volatus will be manufacturing these innovative drones right here in Simcoe County," said Warden George Cornell. "When Council approved the proposal from Volatus Aerospace to move to the LSRA and create local jobs, we were excited about the possibilities. With this development, it brings many of those possibilities to fruition and advances our plans to make the LSRA a key driver of our regional economy." The Volatus Aerospace Centre of Excellence was brought to the LSRA earlier this year with support through the County's LSRA Aerospace Development Fund approved by County Council. The initial investment by Volatus Aerospace was anticipated to generate 17-20 high paying jobs in the aerospace sector, helping to transform the LSRA into an economic and innovation hub, creating strong synergies and encouraging further sector/industry development while enhancing talent attraction to Simcoe County. Volatus Aerospace has accelerated their plans to grow their company's labour force in the County of Simcoe, bringing approximately 20-25 high paying jobs in the community. "I am delighted to be joining Volatus Aerospace during such an exciting time," stated Andy Buck, Vice President for Volatus Flight Systems. "I look forward to introducing our proprietary systems to the market and helping grow our reach internationally. It's rewarding to see so much investment in my hometown." About Volatus Aerospace Operations at the LSRA Volatus Aerospace has coast-to-coast Canadian operations, as well as offices in Colombia, South America, and Albany, New York. Known as the 'Volatus Aerospace Centre of Excellence', the company is leasing a 32,000 sq.ft. hangar at the LSRA for assembly/integration of drone components and systems integration, along with research and development. Additionally, their crewed aircraft business will operate as a charter service out of the LSRA. Expected employment for the assembly/integration of drone components will continue to double for the next 2-3 years, based on projected growth. About FIXAR FIXAR is a developer and manufacturer of integrated Remotely Piloted Aircraft System (RPAS) aerial solutions for industrial uses. The company was founded in 2018 by aviation engineer and European Page 239 of 255 14.b) County of Simcoe Releases: Volatus Aerospace Accelerates Investmen... champion of drone combat games, Vasily Lukashov. FIXAR designs and builds innovative, solution- oriented commercial drones and proprietary embedded Autopilot and xGroundControl Station software. About the County's investment in the LSRA In January 2020, the County became the majority shareholder of the Lake Simcoe Regional Airport (LSRA), with a 90 per cent ownership stake, and is leading investment initiatives to help propel the airport forward. In addition to the Volatus Aerospace project, the ongoing investment in the LSRA strategic plan has supported the progression of the MediCA Park development and the Oro Station Automotive Innovation Park development, both adjacent developments to the LSRA that utilize airport services. The County has completed the first phase of an investment of more than $3.5 million towards widening the LSRA runway from 100 ft to 150 ft, and other upgrades including LED high intensity runway lighting. The widening is expected to be completed in summer 2021. Future phases of the airport's expansion include a proposal to lengthen the runway from 6,001 ft. to 7,000 ft., which will allow for larger aircrafts to utilize the airport. The County continues to make other strategic investments to enhance airport operations and support the needs of key industries in the area. About County of Simcoe County of Simcoe is composed of sixteen member municipalities and provides crucial public services to County residents in addition to providing paramedic and social services to the separated cities of Barrie and Orillia. Visit our website at simcoe.ca. - 30 - Collin Matanowitsch Andrea Walasek Public Relations Manager Public Relations Consultant County of Simcoe, Service Simcoe Department County of Simcoe, Service Simcoe Department 705-734-8386(mobile) 249-535-3511 (mobile) Coll in.Matanowitsch(cDsimcoe.ca Andrea.Walasek(ff�simcoe.ca Page 240 of 255 14.b) County of Simcoe Releases: Volatus Aerospace Accelerates Investmen... COUNTY OF SIMCOF'S_ Advisory County of Simcoe,Office of the Warden and CAO For the Greater Good 1110 Highway 26, Midhurst,Ontario L9X I N6 simcoe.ca FOR IMMEDIATE RELEASE County increasing LINX transit service on Route 3 (Barrie to Orillia) Midhurst/ June 2, 2021 —Starting June 7, 2021, the County is increasing service on LINX Transit Route 3 (Barrie to Orillia)to support riders and better serve our partners. Throughout the pandemic, the County has been assessing ridership and adapting transit service levels accordingly. This frequency increase will move transit closer to pre-pandemic service levels on Route 3. Route 3 currently operates five trips per day, including morning and afternoon services. Starting June 7, 2021, the County is adding three additional trips to provide consistent service throughout the day. Route 3 moved to a reduced schedule as a result of lower ridership as Lakehead University and Georgian College transitioned to online classes. The County is working with our partners to enhance services and assist students returning to in-class learning. Scheduling information is available on our website, nextlinx.simcoe.ca, or through our free Transit app, available on the AppStore or via GooglePlay. Additional trips: • Northbound: 5:45 a.m., 10:45 a.m., 12:25 p.m., 14:05 p.m. • Southbound: 10:05 a.m., 11:45 a.m., 13:25 p.m. About LINX Transit Safety Measures Since the start of the COVID-19 pandemic, LINX Transit has prioritized the health and well-being of transit users and staff. Transit staff have worked hard to continue to deliver this essential service and implement additional safety measures, including: • A minimum of six feet between the driver and the first seat on the bus • Enhanced cleaning and disinfecting practices on our vehicles • Masking requirements and hand sanitizer on our vehicles • Modified seating capacity to promote physical distancing • Daily active screening of all employees for COVID-19 symptoms Remember to stay home when sick, wear a mask in public places, wash and sanitize your hands frequently and observe physical distancing. County of Simcoe is composed of sixteen member municipalities and provides crucial public services to County residents in addition to providing paramedic and social services to the separated cities of Barrie and Orillia. Visit our website at simcoe.ca. - 30 - Chris Hedley Collin Matanowitsch Public Relations Consultant Manager, Public Relations County of Simcoe, Services Simcoe Department County of Simcoe, Service Simcoe Department 705-715-7654(mobile) 705-734-8386(mobile) Chris.Hedlev(cDsimcoe.ca Collin.Matanowitsch(cDsimcoe.ca Page 241 of 255 14.c) Correspondence dated June 1 , 2021 from Town of Fort Erie re: Capit... -FORRI � Community Services Legislative Services June 1 , 2021 File#120203 The Right Honourable Justin Trudeau The Honourable Doug Ford Prime Minister Premier of Ontario House of Commons Legislative Building, Queen's Park Ottawa, ON K1A OA6 Toronto, ON M7A 1A1 Justin.trudeau(a�parl.gc.ca premier(a)ontario.ca Honourable and Dear Sirs: Re: Capital Gains Tax on Primary Residence The Municipal Council of the Town of Fort Erie at its meeting of May 31, 2021 passed the following resolution: Whereas primary residences are currently exempt from a capital gains tax, and Whereas currently secondary and additional non-primary properties are subject to capital gains, and Whereas the Federal Government is currently looking into a primary residence capital gains tax as they have recognized that affordable housing has become a serious issue in Canada, and Whereas smaller communities including the Town of Fort Erie are seeing unprecedented higher selling prices that are outpacing prices in larger cities, and Whereas many hard-working Canadians who have only a primary residence with no additional non-primary homes count on their home equity as financial aid to apply to upsizing or downsizing their home depending on their personal situation, and Whereas a change in taxation to primary residences would be a significant financial blow to Canadians and would create an unfair, two-tiered taxation which could lead to depleted savings, inter-generational disparities, disparities among diverse groups such as seniors who may have a significant portion of their savings vested in their primary residence, as well as, reducing the ability of home ownership thereby a further, higher need for rentals, and Whereas the Federal government could look at other means to slow down the rapidly escalating housing costs to improve housing affordability; 2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905)871-1600 FAX: (905)871-4022 Web-site: www.forterie.ca Page 242 of 255 14.c) Correspondence dated June 1 , 2021 from Town of Fort Erie re. Capit... The Right Honourable Justin Trudeau, Prime Minister Page two The Honourable Doug Ford, Premier of Ontario Now therefore be it resolved, That: The Federal Government cease further consideration of eliminating capital gains tax exemptions on primary residences, and further That: A copy of this resolution be circulated to The Right Honourable Justin Trudeau, The Honourable Doug Ford, Premier of Ontario, All Members of Parliament, All Members of Provincial Parliament, The Regional Municipality of Niagara, and all Municipalities, for their support. Thank you for your attention to this matter. Yours very truly, Zj s CAZ Carol Schofield, Dipl.M.A. Manager, Legislative Services/Clerk csc h ofi e I d CcDfo rte ri e.ca CS:dlk C.c. All Members of Parliament All Members of Provincial Parliament The Regional Municipality of Niagara Ontario Municipalities Page 243 of 255 14.d) Correspondence dated June 11 , 2021 from the City of St. Catherines... 5551k St. Catharines June 11, 2021 The Honourable Doug Ford, M.P.P. Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 Sent via email: premier(a)ontario.ca Re: Lyme Disease Awareness Month Our Files: 35.31.99/35.23.12 Dear Premier Ford, At its meeting held on May 31, 2021, St. Catharines City Council approved the following motion: "WHEREAS May is Lyme Disease National Awareness Month; and WHEREAS the City of St. Catharines Strategic Plan includes improving livability for all; and WHEREAS Niagara Region is a high-risk area for ticks and Lyme Disease, and cases continue to increase; and WHEREAS Ontario health does not cover treatment and testing for all strains of Lyme Disease; and WHEREAS Lyme Disease is a crippling disease if not diagnosed and treated appropriately; THEREFORE BE IT RESOLVED the City of St. Catharines call on the Ontario government to expand testing to all strains of Lyme Disease and improve the level of treatment and care for those diagnosed with this crippling disease; and BE IT FURTHER RESOLVED the Premier of Ontario, Ontario Minister of Health, local MPPs, Niagara Health, Niagara Region Public Health, all Ontario municipalities, and the Association of Municipalities of Ontario be sent correspondence of Council's decision; and BE IT FURTHER RESOLVED the Mayor bring this matter to the attention of the Niagara Region and request that the Region build an awareness campaign with on-line resources for families with Lyme Disease." PO Box 3012, 50 Church St., St. Catharines, ON L2R 7C2 Tel: 905.688.5600 1 TTY: 905.688.4889 1 www.stca 6r244W 255 14.d) Correspondence dated June 11 , 2021 from the City of St. Catherines... 5551k St. Catharines If you have any questions, please contact the Office of the City Clerk at extension 1524. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :mb cc: Ontario Minister of Health Niagara Area MPPs Niagara Health Niagara Region Public Health Niagara Region Ontario Municipalities Association of Municipalities of Ontario, amo(a)amo.on.ca Melissa Wenzler, Government Relations Advisor PO Box 3012, 50 Church St., St. Catharines, ON L2R 7C2 Tel: 905.688.5600 1 TTY: 905.688.4889 1 www.stca �255 14.e) ALftej cd_y f&16 N i� from Town of Halton Hills re: EI... Working Together Working for 1W June 1, 2021 The Honourable Doug Ford, Premier of Ontario Via Email Dear Premier Ford; Re: Elimination of LPAT Please be advised that Council for the Town of Halton Hills at its meeting of Tuesday, May 25, 2021, adopted the following Resolution: Resolution No. 2021-0115 WHEREAS The Government of Ontario, on June 6, 2019, passed the More Homes, More Choice Act, 2019, (Billl08); AND WHEREAS the changes to the Local Planning Appeal Tribunal (LPAT), contained in Bill 108 gives LPAT the authority to make final planning decisions based on a subjective "best planning outcome" approach rather that compliance with municipal and provincially approved official plans and consistency with provincial plans and policy; AND WHEREAS Bill 108 restricts third party appeals of plans of subdivision only to the applicant, municipality, Minister, public body or prescribed list of persons; AND WHEREAS Bill 108 takes local planning decision-making out of the hands of democratically elected municipal councils and puts it into the hands of a non-elected, unaccountable tribunal; AND WHEREAS the LPAT adds cost and delays delivery of affordable housing by expensive, time consuming hearings, contrary to the intent of the More Homes, More Choice Act, 2019; AND WHEREAS Regional and City/Town Councils have spent millions defending provincially approved plans at the OMB/LPAT; AND WHEREAS Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; NOW THEREFORE BE IT RESOLVED THAT in the short term, the Minister of Municipal Affairs and Housing immediately restore the amendments to the Planning Act that mandated the evaluation of appeals on a consistency and conformity with Provincial policies and plans basis; AND FURTHER THAT in the long term the Government of Ontario eliminate the LPAT entirely, as an antiquated body that slows delivery and adds costs to housing supply via expensive and drawn out tribunal hearings; 1 Halton Hills Drive, Halton Hills, Ontario L7G 5G2 Tel: 905-873-2600 Toll Free: 1-877-712-2205 Fax: 905-873-2347 haltonhills.ca Page 246 of 255 14.e) Q-zresujk&deucfM16 efl r from Town of Halton Hills re: EI... Working Together Working for 10W AND FURTHER THAT this resolution be forwarded to the Premier, the Minister of Municipal Affairs and Housing, Halton's Members of Provincial Parliament, Leaders of the New Democratic, Liberal and Green parties, the Association of Municipalities of Ontario, the Small Urban Mayors' Caucus of Ontario, Mayors and Regional Chairs of Ontario and Halton's local municipalities. CARRIED Attached for your information is a copy of Resolution No. 2021-0115. If you have any questions, please contact Valerie Petryniak, Town Clerk for the Town of Halton Hills at 905-873-2600 ext. 2331 or valeriep cx_haltonhill's.ca. Yours truly, i � Melissa Lawr Deputy Clerk— Legislation c. The Honourable Steve Clark, Minister of Municipal Affairs and Housing Halton's Members of Provincial Parliament Leaders of the New Democratic, Liberal and Green parties Association of Municipalities of Ontario (AMO) Small Urban Mayor's Caucus of Ontario Mayors and Regional Chairs of Ontario Halton Region Town of Milton Town of Oakville City of Burlington 1 Halton Hills Drive, Halton Hills, Ontario UG 5G2 Tel: 905-873-2600 Toll Free: 1-877-712-2205 Fax: 905-873-2347 haltonhills.ca Page 247 of 255 17.a) 2021-059: A By-law to amend the zoning provisions which apply to I... The Corporation of the Township Of Oro-Medonte By-Law No. 2021-059 A By-law to amend the zoning provisions which apply to lands at Plan 1128 Lot 3 (Orillia) Township of Oro-Medonte 2021-ZBA-04(Rice) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A19' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Plan 1128 Lot 3 (Orillia), Township of Oro-Medonte, from the Residential One (R1) Zone to Residential One Exception 329 (R1*329)Zone, as shown on Schedule"A" attached and forming part of this By-law. 2. Section 7.0—is hereby further amended by adding the following subsection: "7.329*329—Plan 1128 Lot 3 (Orillia), Township of Oro-Medonte (Rice) Notwithstanding any other provision in this By-law, the following uses and provisions apply to the lands denoted by the symbol *329 on the schedules to this By-law: Notwithstanding Section 5.4, an accessory apartment dwelling unit shall be permitted subject to the following: a) Only one accessory apartment dwelling unit is permitted on the lot. b) The accessory apartment dwelling unit shall be permitted in a detached accessory building. c) The accessory apartment dwelling unit shall have a minimum floor area of 48.0 square metres (517.0 square feet). 3. Schedule"A" attached to By-law No. 2021-059 is declared to form a part of this By-law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 23rd Day of June, 2021. The Corporation of the Township Of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 248 of 255 17.a) 2021-059: A By-law to amend the zoning provisions which apply to I... Schedule 'A' To By-Law No. 2021-059 The Corporation of the Township of Oro-Medonte 8790 Highway 12 North Plan 1128 Lot 3(Orillia), Township of Oro-Medonte County of Simcoe FJana Dr. �55 8806 12 8802 8796 8790 8786 8774 8780 8770 8760 8758 8732 8754 8744 ® From Residential One(R1)Zone To Residential One Exception 329(R1*329)Zone This is Schedule'A'to By-Law 2021-059 passed the 23rd day of June, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon (Application 2021-ZBA-04) Page 249 of 255 17.b) 2021-070: A By-law to Remove the Holding symbol on lands described... The Corporation of The Township of Oro-Medonte By-Law No. 2021-070 A By-law to remove the Holding symbol On lands described as follows: Part of Lot 16, Concession 11 Oro Part 1 Plan 51 R-41100 being Registered Plan 51 M-1195, Lots 1-9 Township of Oro-Medonte, County of Simcoe, PIN 58547-0168(LT) Roll #4346-010-004-22701 Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. INVIOL And Whereas the Owner has made application to remove the holding provision with respect to the lands legally described as Plan 51 M-1195, Lots 1-9 in the East Oro Estates Subdivision; And Whereas all conditions imposed in connection with the removal of the holding symbol will be satisfied upon issuance of the Certificate of Substantial Completion and Maintenance for the Municipal Servicing Works as outlined in Sections 6.12 and 7.2 of the registered subdivision agreement. And Whereas Council deems it appropriate to remove the Holding provision applying to the subject lands; Now Therefore the Council of the Corporation of the Township of Oro-Medonte enacts as follows: b 1. Schedule 'A13', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to above noted lands as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the issuance of the Certificate of Substantial Completion issued by the Township of Oro-Medonte in accordance with the Subdivision Agreement, and subject to the provisions of the Planning Act, as amended. By-law Read a first, second and third time, and passed this 23rd day of June 2021. The Corporation of The Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 250 of 255 17.b) 2021-070: A By-law to Remove the Holding symbol on lands described... Schedule 'A' To By-Law No. 2021-070 for The Corporation of the Township of Oro-Medonte 842 838 833 1474 828 1600 829 1396 1424 1448 820 1468 815 846 1412 1432 1460 L-E1494 15/16 Srd.E. 1471 1415 1435 1441 1461 1467 1499 1505 792 801 Z 1401 1441 768 C J 758 775 744 1375 718 ® Lands Subject to Removal of Holding(H)Symbol This is Schedule W to By-Law 2021-070 passed the 23rd day of June, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon (Application 2018-SUB-01) Page 251 of 255 17.c) 2021-074, A By-Law to Amend By-Law No. 2018-044, "A By-law of The ... The Corporation of the Township of Oro-Medonte By-Law No. 2021-074 A By-Law to Amend By-Law, 2018-044, "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) Whereas Part XI I, Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; And Whereas Council of the Township of Oro-Medonte did, on the 25t" day of April, 2018, enact By-law No. 2018-044 to provide for the imposition of fees or charges; And Whereas Council deems it necessary to amend Schedule"A", Administration of By-Law No. 2018-044 in accordance with Motion No. C190925-15; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That subsection 3 entitled "Historical Books" of Schedule"A"to By-law 2018-044 —Administration be deleted in its entirety and replaced with the following: 3. Historical books (taxes included) a) Hills of Oro $ 3.00 b) Kith 'n Kin $ 20.00 c) Knox Presbyterian Church $ 3.15 d) Medonte—A Township remembered $ 20.00 e) Oro African Church $10.00 f) Story of Oro $ 15.00 2. That this by-law shall take effect in accordance with Motion C190925-15. By-Law Read a First, Second and Third time, and Passed this 23rd day of June, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 252 of 255 17.d) 2021-075: A By-law to repeal By-law 2017-162 and Appoint an Interi... The Corporation of the Township of Oro-Medonte By-Law No. 2021-075 A By-law to repeal By-law 2017-162 and Appoint an Interim Integrity Commissioner for the Township of Oro-Medonte Whereas the Municipal Act, 2001, as amended (the"Municipal Act") provides that the powers of a municipal corporation are to be exercised by its Council through the adoption of by-laws; and Whereas the Municipal Act authorizes the Council of the Corporation of the Township of Oro-Medonte to establish codes of conduct for members of Council and to appoint an Integrity Commissioner who reports to Council; and Whereas an Integrity Commissioner is responsible for performing in an independent manner the functions assigned by the municipality; and Whereas the Municipal Act, as amended pursuant to Part V.1, Accountability and Transparency, section 223.3 (1) requires all municipalities in Ontario to appoint an integrity Commissioner to perform the following functions: 1. The application of the code of conduct for members of council and the code of conduct for members of local boards. 2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards. 1WROh- 3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards. 4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. 5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members. 6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. 7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality's codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act; and Whereas Oro-Medonte Council deems it expedient to appoint John Ewart as Interim Integrity Commissioner to perform the functions, powers and duties recited above and as may be set out in the Municipal Act from time to time. Page 253 of 255 17.d) 2021-075: A By-law to repeal By-law 2017-162 and Appoint an Interi... Now Therefore Be It Resolved That The Council of The Corporation of The Township of Oro-Medonte Hereby Enacts As Follows: 1. That John Ewart is hereby appointed as the Township of Oro-Medonte's Interim Integrity Commissioner pursuant to Part V.1, Accountability and Transparency, section 223.3 (1) of the Municipal Act, as amended. 2. That upon appointment John Ewart will have all the functions, powers and duties of an integrity commissioner as set out in Part V.1,Accountability and Transparency, section 223.3 (1) of the Municipal Act, and in addition such functions, powers and duties as may be assigned by Council from time to time. 3. That the Township of Oro-Medonte hereby indemnifies and save harmless the Integrity Commissioner or any person acting under the instructions of the Integrity Commissioner for costs reasonably incurred in connection with the defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a function, duty or authority under Part V.1 section 223.3 (6) of the Municipal Act, or a by-law passed thereunder, or an alleged neglect or default in the performance in good faith of the function, duty or authority. 4. That all actions taken and required to be taken by the Mayor and Clerk on behalf of the Corporation of the Township of Oro-Medonte to complete this matter including the execution of the Agreement and any other associated documentation are hereby authorized, confirmed and ratified. 5. That By-law 2017-162 shall be repealed in its entirety; and ANA 6. That this By-law shall come into force and take effect June 26, 2021. By-Law Read a First, Second and Third time, and Passed this 23rd day of June, 2021. The Corporation of the Township of Oro-Medonte ""%V Mayor, H. 3 ughes Clerk, Yvonne Aubichon Page 254 of 255 19.a) 2021-076, Being a by-law to confirm the proceedings of the Council... The Corporation of the Township of Oro-Medonte By-Law No. 2021-076 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, June 23, 2021 Whereas Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By-Law, unless the municipality is specifically authorized to do otherwise; And Whereas The Council of The Corporation of the Township of Oro-Medonte deems it expedient that the proceedings at this Council Meeting be confirmed and adopted by By-Law; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the actions of the Council at its Council Meeting held on Wednesday, June 23, 2021, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. 3. That the Mayor/Chair and Clerk/Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by-law shall come into force and take effect on the final passing thereof. By-Law Read a First, Second and Third time, and Passed this 23rd day of June, 2021. The Corporation of the Township of Oro-Medonte XJ Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 255 of 255