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05 26 2021 Council Agenda The Township of Oro-Medonte Council Meeting Agenda 4 Electronic Meeting Township of Wednesday, May 26, 2021 Proud Heritage,Excitiq Feature 9:00 a.m. - Open Session 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 today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. Page 1 of 348 Council Meeting Agenda - May 26, 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. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. 5 - 84 b) Agenda Comments Received. 3. Disclosure of Pecuniary Interest: 4. Closed Session Items: None. 5. Minutes of Council and Committees: 85 - 95 a) Minutes of Council meeting held on Wednesday, May 12, 2021. 6. Recognition of Achievements: 96 a) Correspondence from Canadian Institute of Access and Privacy Professionals, re: Sheila Spring, Records Management Clerk, CIAPP Certified (CIAPP-C) Designation. 7. Public Meetings: None. 8. Deputations/Presentations: 97 - 105 a) 9:30 a.m. Deputation by Sarah Huter, Assistant General Manager, Mount St. Louis Moonstone Ski Resort; and Jonathon Reid, General Manager, Skyline Horseshoe Resort re: Resolution to Support Ski Resorts with Recreational Amenity Designation. 106 - 124 b) 10:15 a.m. Presentation by Karie Warnar, Avail Consulting Inc. re: Township of Oro-Medonte Community Safety and Well-Being (CSWB) Plan, 2021- 2025. 9. Open Forum: Page 2 of 348 Council Meeting Agenda - May 26, 2021 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: 125 - 132 a) CS2021-15, Jennifer Whitley, Coordinator, Economic Development/ Communications re: County of Simcoe Economic Development Funding Program 2021 . 133 - 148 b) DS2021-76, Andy Karaiskakis, Senior Planner re-Telecommunication Tower — Samuel Wellington Ross (Owner) and FB Connect (Agent), 4917 Line 4 North, Pre-Consultation Application 2021-PCA-02. 149 - 155 c) F12021-11, Shannon Johnson, Chief Financial Officer/Treasurer re: Tile Drainage Loan Applications. 156 - 162 d) DS2021-77, Andria Leigh, Director, Development Services re: Subdivision Agreement Braestone Phase 2 Group D Lot 3, Concession 9 (Oro) Application: 43T-91031 [Refer to Item 17a)]. 163 - 169 e) CS2021-14, Donna Hewitt, Director, Corporate Services re: Ontario Provincial Police (OPP) Detachment Board Composition. 170 - 198 f) OCS2021-12, Shawn Binns, Director, Operations and Community Services re: Community Services COVID-19 Response. 11. Reports of Municipal Officers for Information Only: 199 - 204 a) Robin Dunn, CAO re: Update on COVID-19 Actions. 205 - 233 b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council and CAO re: Corporate Projects Status Update, March-April, 2021. 12. Reports of Members of Council: a) 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: 234 a) Announcements of Interest to the Public: 1 . Township of Oro-Medonte, Permit Parking. Page 3 of 348 Council Meeting Agenda - May 26, 2021 235 - 251 b) Minutes of Orillia Public Library Board meeting held on Wednesday, April 28, 2021 . Staff Recommendation: Receive for Information Only. 15. Communications/Petitions: 252 - 281 a) 1 . Principles Integrity Report; 2. E-mail Request; 3. Correspondence from H.G. Elston to Principles Integrity. 16. Notice of Motions: None. 17. By-Laws: 282 - 338 a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Braestone Development Corporation. 339 - 341 b) 2021-060: A By-law to Prohibit Heavy Truck Traffic on Certain Highways within the Township of Oro-Medonte and to Repeal By-law No. 2012-180 (No Heavy Truck Routes). 342 c) 2021-061: A By-law to Amend By-law No. 2021-020 "A By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers" "Appointment By-law". 343 - 347 d) 2021-062: A By-law to adopt the estimates of all amounts required during the year and for levying the tax rates for the year 2021 . 18. Closed Session Items (Unfinished Items): None. 19. Confirmation By-Law: 348 a) 2021-065: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, May 26, 2021. 20. Adjournment: a) Motion to Adjourn. Page 4 of 348 2.b) Agenda Comments Received. Sent: Sat 2021-05-22 4.29 PM From: Mark and/or Joanne Scharf <marjo.scharf@sympatico.ca> Subject: Councillor Cathy Keane Cc: Council Agenda comments To: Members of Oro-Medonte Council, I live on the 9th line north of the township and have lived here for some 13 years. I value the privilege of being able to do so and to enjoy the township's natural wonders. What mars my enjoyment of living here from time to time is the behaviour of some members of council, particularly in matters of leadership and character. To address those matters the township in its wisdom adopted a Code of Conduct for members of council. It set a standard of what I call Decent Behaviour expected from council members. I have carefully reviewed the May 14, 2021 Recommendation Report of the Township's Integrity Commissioner, and the letter of April 30, 2021 from councillor Keane's counsel, Mr. H.G. Elston to the Integrity Commissioner. It is abundantly clear from the Report that Councillor Keane misled the Commissioner's investigation, did not tell the truth on a number of significant issues, threatened members of the Horseshoe Valley Property Owners Association, and one can infer still does not understand the consequences of her behaviour. Namely, she clearly breached the core of the Township's Code of Conduct, and not just in a superficial way. It is ironic that a main proponent of the Township's bylaw to control allegedly pesky questions by township residents can be so blind to her own unacceptable conduct. She has lost all credibility to be an effective member of council. The honourable thing that council can do is to urge Cathy Keane to resign. Mark Scharf, 2002 line 9 north, Oro-Medonte, ON LOL 1 TO Page 5 of 348 2.b) Agenda Comments Received. From: Mark and/or Joanne Scharf <marjo.scharf@sympatico.ca> Sent: May 22, 2021 7.05 PM To: . Council <Council@oro-medonte.ca>; Agenda comment <Agendacomment@oro- medonte.ca> Subject: Ward 3 Oro-Medonte Councillor Cathy Keane - Oro-Medonte Council meeting May 26, 2021 To: The Mayor and Councillors of the Township of Oro-Medonte I am a resident of Ward 4, address 2002 Line 9 North, Oro-Medonte. I have read the Recommendation Report by Principles Integrity, the Integrity Commissioner for our Township concerning the Complaint Against Councillor Keane (May 14, 2021) and the letter by the lawyer who made representation on her behalf during her testimony under summons by the Integrity Commissioner on this matter (April 30, 2021). 1 am troubled by the unauthorized sharing of the private password for access to the AGM of the Horseshoe Valley Property Owners' Association first, by the son of Mayor Harry Hughes with him, then by the Mayor with Councillor Keane, and by Councillor Keane with her husband - this was a private meeting of members, by invitation only on February 3, 2021 and use of the password to eavesdrop on the meeting is, in my view, a breach of honourable behaviour and a trespass on private communication. The Councillor didn't tell the truth to the Commissioner when asked how she obtained a video of the AGM, and whether she viewed the meeting as it proceeded, or on a recording, she still trespassed on private proceedings. Having read the letter she sent to the board of the HVPOA on February 8, 2021, 1 agree that the tone of the letter was indeed threatening, inferring that the information the board was providing members was intentionally misleading and demanding correction or retraction, with the statement that she should be "taking this matter to Council with a recommended action". Whatever that recommended action would be, she clearly expected consequences for noncompliance. I believe these actions by the Councillor fall below the standard of honesty and integrity that ratepayers expect of their elected representative. This Councillor debates and votes on matters that have impact on all residents of this Township. She demanded a Code of Conduct for ratepayers of this Township, such that our reputations were smeared in the national press. We demand that she conform to the Code of Conduct that applies to our Township representatives. If a proportionate response is not given by the Council for these breaches of ethics and standards of performance, it reflects badly on the Mayor and the entire Council. I believe that an appropriate response is for Councillor Keane to resign. Joanne Scharf Page 6 of 348 2.b) Agenda Comments Received. From: Donna Robinson<dkrobinson0055@gmail.com> Sent: May 22, 2021 8:48 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Cc: Formela Chris<cjformela@gmail.com> Subject: Councillor Keane and Mayor Hughes resignation Good evening, On behalf of myself and Chris Formela, who ARE HVPOA members in good standing. Regarding the investigation into Councillor Keane's actions in February 2021 during the HVPOA AGM and her subsequent activities. I draw your attention to the opening paragraph of the invitation. As a HVPOA Member in good standing you are invited to attend the Annual General Meeting (AGM) of the Members. Due to the pandemic, the meeting will be held virtually. To access the meeting domestically or internationally, by computer or phone, please follow the instructions below. Mayor Hughes had NO right to send this to Ms. Keane, nor did Ms. Keane have any right to use the link to which she was NOT entitled. Sending it to her personal email and any actions subsequent to that is simply noise. We live in an electronic world. We've all received errant emails that should be deleted or returned to sender identifying the error. That did not happen here. Trust. Honesty. Integrity. Transparency. Mayor Hughes and Councillor Keane have displayed none of the above, should resign and apologize for their actions. Of greater concern is that we suspect this isn't the first time. Councillor Keane's dishonesty seemed far too comfortable. Sincerely Donna Robinson & Chris Formela Sent from my iPad Page 7 of 348 2.b) Agenda Comments Received. From: Carol Walker <carolgwalker@hotmail.com> Sent: May 23, 2021 11.01 AM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: Councillor Cathy Keane To Mayor and Councillors, In light of the recent situation, whereby Ms. Keane has breached the township code of conduct and has demonstrated a clear misuse of her office, her actions have created concerns of mistrust. It is my feeling that Ms. Keane should resign as an elected official. Sincerely, Carol Walker Sent from my iPad Page 8 of 348 2.b) Agenda Comments Received. From: Ethel Mailman <mailman.e@yahoo.com> Sent: May 23, 2021 11:25 AM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject:Agenda Item 15A-C. Keane Councillors and Mayor - I am writing to express my concern regarding the Integrity Commissioner Complaint and subsequent report regarding Councillor Cathy Keane. I have read the report in full - along with the letter from Mrs. Keane's lawyer and can express that what I conclude from reviewing all this information that Mrs. Keane has overstepped her position and is basically dishonest and unable to accept the consequences of her actions. Personally I cannot see any reason to try and rationalize such behaviour other than an attempt to refuse responsibility and consequences. Trying to protect her husband and the Mayor is a pretty lame reason to misrepresent and mislead a legal investigation into her actions that impact a significant number of people in Oro Medonte!! She got caught and she's trying to cry fowl. The victim card has been played. Well sorry, but any rational person would see right through this. I think if she had just apologized this would have settled down. Feels a little like the shenanigans South of the Border. Next will she cry "Witch hunt", "it's all rigged". ? To my eyes it seems that the Mayor fed her the HVPOA meeting information in the hopes that she somehow gather information about the meeting. Why? - what would be so important that this clandestine effort would be set into motion? Why would the Mayor think it is ok to do that? I would hope that Council will see this for what it is. I watch meetings from time to time and it's pretty obvious to the regular Joe that there is a Trio of Councillors who band together. I would think that if any one of these three have political ambitions they would call this out for what it is. Don't paint yourself with this brush! The Mayor should not be part of any decisions regarding this issue. He is part of the puzzle. At this point I would only want to see Cathy Keane step down. Any apology at this point would be seen as an insincere attempt to save face. E. Mailman Oro Medonte Page 9 of 348 2.b) Agenda Comments Received. From:timwtaylor timwtaylor<timwtaylor@sympatico.ca> Sent: May 23, 2021 3:14 PM To:Agenda comment<Agendacomment@oro-medonte.ca>; . Council <Council@oro-medonte.ca> Subject: Re: Principles Integrity Final Report and Recommendations, Item 15 (a) Correction: Please replace "Sent by e-correspondence to agendacomments(a�oro-medonte.ca" to "agendacommentkoro-medonte.ca" ---------- Original Message ---------- From: timwtaylor timwtaylor <timwtaylor(a)-sympatico.ca> Date: May 23, 2021 at 2.18 PM Sunday, May 23, 2021 Sent by e-correspondence to agendacommentskoro-medonte.ca and councilgoro-medonte.ca Greetings Mayor Harry Hughes and Council, My name is Tim Taylor and I am a resident of Oro-Medonte. On March 1, 2019, significant changes were made to Ontario's municipal governments. Under Bill 68, the Modernizing Ontario's Municipal Legislation Act, 2017, municipalities were required to: • Establish Codes of Conduct for members of Council • Appoint an Integrity Commissioner Within the provisions of Bill 68, "Integrity Commissioners were afforded more discretion to conduct inquires and conduct independent inquiries into allegations of conflict of interest against council or local board members under the Municipal Conflict of Interest Act(MCIA) and, where the Commissioner considers it appropriate, to bring proceedings before a court". (Hicks Morley, 2018,p.l) Background On January 1, 2018, the Principles Integrity was appointed the Integrity Commissioner for the Township of Oro-Medonte. On December 9, 2020, during a debate on an agenda item "Code of Conduct for Councillors", Councillor Keane presented a motion (not on the agenda)to create a Code of Conduct for the Public, citing that certain individuals and/or groups were being vexatious, defamatory, and wasters of public time, staff, money, and resources. On January 4, 2021, Councillor Keane stated in correspondence to me that "Neither you, nor the Task Force[Zone I Water Integration Plan Focus Group]members were in my mind when I used the example of 10 individuals." She went on to say that "I feel there are at least 10 individuals that are culprits." On February 8, 2021, Councillor Cathy Keane sent HVPOA an "aggressive and accusatory"letter (deemed such in the Principles Integrity Final Report). Page 10 of 348 2.b) Agenda Comments Received. Within the Principles Integrity Final Report, they stated that "We find that the Councillor's threat, made in the form of an ultimatum, was an improper attempt to exert the influence of her office to coerce the HVPOA executive to issue different information to its members."(Principles Integrity, 2021,p.6 Principles Integrity) This statement alone needs more public scrutiny given the serious nature of the allegations and the relationship to the ongoing disputes over water and wastewater issues in Horseshoe Valley. On February 26, 2021, a Decision Notification stated that "As the Township's head pursuant to MFIPPA, I have determined on reasonable grounds that the Requests are `frivolous and vexatious'."As Lead Researcher for the Task Force and now Research Director for the Oro Medonte Property Owner's Association (OMPOA) , I was taken aback by this determination given Councillor Keane's comments on January 4, 2021 that we [me and the Zone I Township-vetted Task Force] were not considered to be `frivolous, vexatious, and wasters of*Township resources". As the Lead Researcher for the Township-vetted Task Force, I was tasked with the job of bringing to the surface public record information regarding the water systems in Horseshoe Valley. To save countless requests from concerned water users, the Zone I Township-vetted Task Force found it expedient and time-saving to avoid redundancy with the view of saving money and time for all concerned. On April 30, 2021, Cathy Keane's legal Counsel, H.G. Elston responded to the Preliminary Findings Report. It should be noted that the H.G Elson letter was submitted to Principles Integrity during the course of the investigation and was taken into account as the Principles Integrity finalized the report and prepared their Final Recommendations. Please question Councillor Keane's motives when she asked that this letter be added to the agenda for the Council meeting on Wednesday, May 26, 2021(Reguest). It has caused some confusion for individuals in the public. Confusion arises from the fact that the Principles Integrity Final Report could be mixed up with her own legal defense letter which has Integrity Commissioner in the letterhead. The Recommendations in both documents are completely opposite. However, there should be NO confusion, for the H.G. Elston letter was examined two weeks before the Principles Integrity Final Report was presented to the Township of Oro-Medonte, Councillor Keane and her legal Counsel. It is ironic that Councillor Keane's actions, as so methodically outlined in the Principles Integrity Final Report, goes against everything she railed against when she proposed the Code of Conduct for the Public on December 9, 2020. My Request Based on the serious nature of the information provided to the public, I would like to see the following come to pass regarding the Principles Integrity Final Report: 1. That H.G. Elston's letter of April 30, 2021 be ignored and put aside on the basis that it was incorporated into the Final Report of May 14, 2021 by the Principals Integrity. 2. That Council ask for Councillor Keane's immediate resignation given that she has allegedly broken the Public Trust by being dishonest throughout this entire process. Page 11 of 348 2.b) Agenda Comments Received. 3. That Councillor Keane be asked to apologize to the public regarding her alleged actions. 4. That an independent Public Inquiry be initiated by Council regarding circumstances related to but not excluding the alleged actions of Councillor Keane. Note: The original Word document that was sent to the HVPOA on February 8, 2021 had a digital signature. The "author"of the document on February 8, 2021 @ 3:37 PM was a person named "Harry". On February 8, 2021 @ 3:48 PM, the Word document was "Last Modified by Keane, Cathy". Given the serious nature of this Report and the fact that another individual by the name of "Harry" allegedly participated in this effort, Council should initiate an immediate investigation regarding the circumstances leading to this letter delivered to the HVPOA by Cathy Keane on February 8, 2021. 5. Given the serious nature of the Principles Integrity Final Report, it seems entirely appropriate for Council to initiate a Public Inquiry into ALL of the events which precipitated Councillor Keane's alleged efforts and alleged actions. Moreover, a Public Inquiry needs to be initiated regarding the water and wastewater systems in Horseshoe Valley dating back to 1990 — "The purported misinformation and misrepresentations arise out of a water and wastewater rate issue". With respect and with great concern, Tim Taylor 20 Pine Lane Barrie, Ontario L4M 4Y8 Page 12 of 348 2.b) Agenda Comments Received. From: AUBREY <aubreyford@live.ca> Sent: May 23, 2021 2.43 PM To: Agenda comment <Agendacomment@oro-medonte.ca> Cc: allan baker <designequation@hotmail.com> Subject: Cathy Keane I have had the opportunity of reviewing the Integrity Commissioner's report, the letter from Cathy Keane and her counsel. I find the actions of CK ,as a sitting member of council, to be dishonest and egregious and that a reprimand would be insufficient. She should be asked to resign forthwith. Respectfully submitted Aubrey Ford 4353 Line 11 X 705-835-3804 Sent from my iPhone Page 13 of 348 2.b) Agenda Comments Received. From: Kathryn Henkenhaf<k.henkenhaf@gmail.com> Sent: May 23, 2021 5:44 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Councilor Cathy Keane Dear Mr. Hughes and All Council Members, I live in the High Vista Estates enclave of townhouses and Cathy Keane is our Councilor. I find Ms Keane's behaviour and actions surrounding the HVPOA AGM reprehensible. Not long ago, Councilor Keane addressed a Council Meeting with her views of how we - the public who voted her in and whom she serves - should conduct ourselves and I believe a Policy was approved at the time for the conduct of the public.. Councilor Keane cannot call out her constituents for their behaviour if she is not willing to uphold Council's and, indeed, her own personal code of conduct. Elected officials of our Township must behave in exemplary fashion and I think that the Integrity Commission's advice to reprimand Councilor Keane and that the information should be on the Township's website, is a very light slap on the hand. I believe that Ms Keane should be asked to resign her position. She has lost what faith we had in her, she has taken advantage of her position and she is manipulative and dishonest. We will never trust her again. Respectfully submitted, Kathryn Henkenhaf Page 14 of 348 2.b) Agenda Comments Received. From:Anne Golden<goldenannel@gmail.com> Sent: May 23, 2021 6:06 PM To: . Council<Council@oro-medonte.ca>;Agenda comment<Agendacomment@oro-medonte.ca> Subject: Cathy Keane must be asked to resign Cathy Keane must be asked to resign from Council, given that the Principles Integrity Report has concluded that she is dishonest! Her conduct has been shown to be unethical and unacceptable. To allow her to continue in office would be equally unacceptable and unjustifiable as it would condone dishonest behaviour. There must be a more detailed investigation into the conduct of all the individuals mentioned by the Integrity Commissioner. Please confirm that my letter will be included in the material presented at this coming Wednesday's meeting. Thank you. Anne Golden Page 15 of 348 2.b) Agenda Comments Received. From:asyaknai-pol@yahoo.com <asyaknai-pol@yahoo.com> Sent: May 23, 2021 7:51 PM To: . Council<Council@oro-medonte.ca>;Agenda comment<Agendacomment@oro-medonte.ca> Subject: Integrity Commissioner's Recommendations I have been reading some correspondence regarding the Integrity Commissioners report on the activities of one of your councillors, as well as other documents circulating in the community. There appears to be a lot of background not discussed in these documents that I can only guess at, but if so, it only makes the whole issue more sordid in my opinion. Of course our elected officials should be held to a high standard of ethical behaviour as they are being entrusted to act on our behalf. And the cost of that trust is to be held to an even higher standard. What I find particularly disturbing is the councillor in question appears to be the one who apparently championed a code of conduct for members of the public. Yes, the community members should act respectfully and be guided by ethical principles as should members of council. But now one could be cynical and question whether council members wanted to shut down angry members of the public because their own behaviour is open to question. Sigh, when one becomes cynical about the political process then the whole civil contract is in danger. The best way to salvage the situation in my opinion is to respect the Integrity Commissioner's recommendations and send a message that everyone has to be more careful in the future. Ian Kay Oro-Medonte Page 16 of 348 2.b) Agenda Comments Received. From: Les Houle<leshoule@gmail.com> Sent: May 23, 2021 8:10 PM To: . Council<Council@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca> Subject: Principles Integrity Report- Councillor Cathy Keane-Wednesday May 26 meeting agenda Attention: Mayor and County Clerk Councillor Keane is lacking in professional conduct and does not show any signs of being ethical or honest. Also, dealings with ATV, parks, pathways and walkways has not been an open dialogue discussion for the betterment of the community. I hope the council has the courage to make the correct decision based on the Integrity Report and ask the Councillor to resign. regards. ..... Les Houle 16 Pineview Drive Oro- Medonte, Ontario LOL 21-0 Page 17 of 348 2.b) Agenda Comments Received. From: Lillian M <lg.mcconnell@hotmail.com> Sent: May 23, 2021 9:17 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Cc: Hughes, Harry<harry.hughes@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Veitch, Ian <ian.veitch@oro-medonte.ca>; DeSousa,Tammy<tammy.desousa@oro-medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; Greenlaw, Randy<randy.greenlaw@oro-medonte.ca> Subject: Integrity Commission I am emailing to express my concerns and frankly dismay at the results of the Integrity Commission investigation of the appalling behaviour of Councillor Keane. An apology made at a virtual council meeting is hardly even a recognition of the egregious behaviour of this councillor. These deceitful and bullying tactics are beneath anyone let alone a member of our township council. Not only has she destroyed any faith and trust her constituents may have had but it also reflects the rest of council in an unfavourable light and undermines the faith that other ward residents might have in their representative, mayor and deputy mayor. Councillors in Barie and Midland whose actions were far less deceptive and fraudulent were dealt with more harshly by their peers. I should hope that our council will see fit to reprimand this councillor if not by asking for her resignation, then at the least financially sanctioning her and billing her for any cost incurred by the township due to her lying and obstructing the investigation by the commission. My next concern is regarding the role that you Mayor Hughes has played in this incident. Why would you forward this information to Councillor Keane if you did not expect her to use it? Did you silently attend this meeting to which neither of you were invited? Did any other councillors receive this information from you and if not than why not? Is it a practice that other associations can expect from council? Why would this councillor record this meeting? One might think that "Big Brother" is listening. It is important for the members of HVOPA to know if any other electronic devices that are attached to council or township staff that logged into the meeting. Is it a practice for a councillor to record the AGM? I would think that it would be similar to a resident recording your in-camera sessions. I believe the decision of the Integrity Commission needs to be revisited to reflect the seriousness of Councillor Keane actions, subsequent lying and obstructing the investigation. It would also be prudent to investigate the possibility of involvement of yourself and other councillors in this shameful occurrence. Unfortunately, it would appear that council views their residents as suspect rather than the people that they took an oath to serve. Sincerely, Lillian Page 18 of 348 2.b) Agenda Comments Received. From: allan baker<designequation@hotmail.com> Sent: May 23, 2021 9:27 PM To: . Council <Council@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca> Subject: Councillor Cathy Keane and Integrity Commissioner's Recommendation Report Importance: High Please place my attached letter to the May 26th Council Meeting Agenda for Council's consideration and discussion. Thank you. Best regards, .4Z>ra41Vl3ake4- 638 Horseshoe Vly. Rd. East Oro-Medonte, LOK 1 EO May 23, 2021 Attention: Oro-Medonte Council Re: Integrity Commissioner Investigation of Councillor Cathy Keane. Dear Members of Council, I have been a resident of Oro-Medonte at the above address for 46 years and cannot recall a more troubling incident involving a member of Council and a very reputable community group than the recent situation between Councillor Keane and the Horseshoe Valley Property Owners Association (HVPOA). After reading the Integrity Commissioner's Report, Cathy Keane's Feb. 8th letter to the HVPOA and her lawyer's letter, I find Councillor Keane's behaviour throughout to be dishonest, deceitful and hypocritical of her boldly proffered position on Codes of Conduct. In my opinion, through her own actions and the involvement of others, she has brought disgrace to the entire Oro-Medonte Council and is undeserving to continue as a member of Council. I am therefore, requesting that Councillor Keane resign immediately of her own accord or be dismissed through a formal motion at the May 26th Council meeting. Further, that Councillor Keane and Mayor Hughes recuse themselves from voting on the motion to avoid a conflict of interest. Respectfully, Allan Baker Page 19 of 348 2.b) Agenda Comments Received. From: fhutcheson27@gmail.com <fhutcheson27@gmail.com> Sent: May 24, 2021 9.03 AM To: Agenda comment <Agendacomment@oro-medonte.ca> Cc: . Council <Council@oro-medonte.ca> Subject: FW: Councilor Keane From: fhutcheson27(agmail.com <fhutcheson27(agmail.com> Sent: Sunday, May 23, 2021 8.02 PM To: 'harry.hughes@oro-medonte.ca; ralph.hough(o)gmail.com; randygreenlaw(agmail.com; ian.veitch(a)oro-medonte.ca; tammy.desousa(a)oro- medonte.ca; shawn.scott(a-)oro-medonte.ca Subject: Councilor Keane May 22, 2021 Mr Harry Hughes, Mayor Mr Ralph Hough, Deputy Mayor Council Members Greenlaw, Veitch, Scott, D'Souza Re:The Integrity Commissioner's (IC) Report Re Councilor Keane and Horseshoe Valley Property Owners Association Gentlemen and Ladies: I am astounded and outraged after reading the IC's report regarding Ms Keane and the HVPOA. Ms Keane's behaviour is most reprehensible in every sense of the word. I would urge Council to do several things please, absent a vote or input from Mayor Hughes and Ms Keane: 1—Request and demand if necessary Ms Keane's immediate resignation 2— Impose a monetary penalty on Ms Keane 3 - Communicate Council's disdain for Ms Keane's behaviour to the HVPOA,the public via the O-M website and notify the media accordingly 4—Conduct a further investigation into the behaviour or involvement of any other Council members or Oro-Medonte Township staff in this affair. Thank you in advance, Sincerely. Frank Hutcheson 792 15-16 Sideroad E Oro-Medonte, ON LO UT0 Page 20 of 348 2.b) Agenda Comments Received. From:grenlea grenlea<gren lea @sympatico.ca> Sent: May 24, 2021 9:26 AM To: . Council<Council@oro-medonte.ca>;Agenda comment<Agendacomment@oro-medonte.ca> Subject: Principles Integrity Report Council, Having read the "Principles Integrity Report" I feel that as first step Ms Keane must be removed voluntarily or involuntarily from Council followed by further inquiry into the issue to determine the involvement of others. Candidates stood before us during the election asking us to trust them with our vote. That trust has been betrayed by some! In order to begin to restore some trust, anyone who enabled this incident must also be removed from Oro-Medonte employment, voluntarily or involuntarily, regardless of their position. "Character matters in political leadership" Robin Sears Toronto Star. The citizens and reputation of Oro-Medonte deserve no less! Regards, H.Leake Oro-Medonte Page 21 of 348 2.b) Agenda Comments Received. From: Niddery<niddery@gmail.com> Sent: May 24, 2021 9:31 AM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Mayor and Councillors and reference Agenda Item 15 a) - May 26 Council meeting. Ward 3 Councillor Cathy Keane in her repeated lies, deceit, contempt; her threats, and her obstructive tactics to the Integrity Commission, and her subsequent showing of no remorse for her actions, needs to immediately resign from Council. She has seriously dishonoured herself! If she continues to serve on Council she in fact will dishonour the Council at large. From this moment on, how can any member of the Oro-Medonte public trust the Council to honestly carry out its work or respect any decision made by Council as long as she remains a member of Council! This councillor can no longer be trusted to perform her duties as an unbiased elected official, and if she fails to immediately resign she should be given the harshest of penalties that may be legally employed - including sanctions, recusals, disqualification to serve on committees, or an ability to represent Oro-Medonte at any official function or activity. Brian Niddery Citizen 76 Landscape Drive Oro-Medonte PS - I ask that my above comments be read aloud at May 26 Council meeting, and be included in the minutes of this meeting. Page 22 of 348 2.b) Agenda Comments Received. From: Ron Raphael <reneeron@infinity.net> Sent: May 24, 2021 9.58 AM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: Councilor Keane conduct Councilor Keane's conduct is highly disturbing. I would like to think that the mere daylighting of this issue as described by the Integrity Commission could be sufficient consequence that would result in improved conduct by Councilor Keane but with all the evidence finally exposed and the deceitfulness involved it would appear highly unlikely. A "formal reprimand" is letting her off lightly in my view. Her action is one matter, her response following discovery is another matter which deserves more severe action. Renee Raphael, long time member of the HVPOA Page 23 of 348 2.b) Agenda Comments Received. From: Linda R. Wells<lastwoundup@sympatico.ca> Sent: May 24, 2021 11:16 AM To: . Council<Council@oro-medonte.ca>;Agenda comment<Agendacomment@oro-medonte.ca> Cc: barrilliapark<barrilliapark@gmail.com> Subject: Good morning-This letter is in regard to the matter of AGENDA ITEM 15:Cathy Keane, the Integrity Commissioner's Report and the manner in which our Mayor, Harry Hughes reportedly have conducted themselves. I ask that this letter be read aloud at the Council meeting of May 28th,2021 or that I may be able to read it via zoom I have carefully read the Integrity report. Their investigation (as far as their mandate took them) undermines my confidence per the honesty and methods of my representatives to conduct themselves on my behalf. Elected officials are given a sacred trust and we the people have expectations of a high level of morality and integrity that we invest in. I strongly suggest Ms. Keane be censured in a meaningful way. She has offered no apology for her actions and seems to have lied to the Integrity Commission while covering up her behaviors during questioning. I consider this to be egregious enough for her to tender her resignation immediately. Should she not be censured more harshly the Council as a whole would seem to be in agreement that such behaviour is acceptable to the them. I find some irony in this unfortunate episode. Councilor Keane herself claimed public harassment and Councilor Keane introduced an amendment to the Council Code of Conduct to impose a Code of Conduct on the public, Perhaps she needs to clarify how this code of conduct is represented by her example. Flagrantly she disregarded Council's own Code of Conduct she swore to uphold. I would also call into question the motives of our Mayor in passing along information to Ms. Keane which enabled her to illegally enter a private meeting and vote on an issue she was not entitled to. How are the voters to perceive Mayor Hughes actions? I suggest the Mayor explain his reasons for doing so. The Integrity Commissioner's Report has uncovered a breach of trust and unless Council takes steps to appropriately repair their good name and reputation I see only more of the cynicism the public has of politicians. Sincerely, Linda Wells 22 Simcoe Road LOL 2EO Page 24 of 348 2.b) Agenda Comments Received. From: Diana Gerrard<emddcb@Rmail.com> Sent: Monday, May 24, 2021 8:51 AM To: Randy Greenlaw<randy.greenlaw@oro-medonte.ca>; Harry Hughs <harry.hughes@oro-medonte.ca>; RaI ph.Hough @oro-medonte.ca <Ralph.Hough@oro-medonte.ca>; Ian.Veitch@oro-medonte.ca <lan.Veitch@oro-medonte.ca>; Tammy.DeSousa@oro-medonte.ca <Tammy.DeSousa@oro-medonte.ca>; Cathy.Kea ne@oro-medonte.ca <Cathy.Kea ne@oro-medonte.ca>; Shawn.Scott@oro-medonte.ca <Shawn.Scott@oro-medonte.ca> Cc: Nathan Taylor<nathan@orilliamatters.com>; kraig.krause@ bell media.ca<kraig.krause@bellmedia.ca> Subject: Cathy Keane and Council Sanctions EXTERNAL EMAIL: Having read the Principles Integrity Report re: Cathy Keene I am shocked by her dishonesty and lack of remorse. I do not believe a reprimand is sufficient - she should, be asked to resign. Furthermore, I believe the ratepayers deserve a more detailed public investigation to restore trust between Council and the constituents you are privileged to serve, especially given that the original inappropriate document to the HVPOA on February 8, 2021 was "authored"by someone by the name of "Harry"! This is a litmus test, members of Council who do not take this very egregious behaviour seriously and sanction Ms Keane appropriately are complicit. Diana Gerrard Ward 5 Resident Page 25 of 348 2.b) Agenda Comments Received. From: Suzanne Carlaw<carlawsuz@gmail.com> Sent: May 24, 2021 1:43 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Letter to be on record for Council Meeting, Wednesday, May 26, 2021 Attached is a letter that pertains to the Integrity Commissioner's Report regarding conduct by Councillor Cathy Keane. Please ensure that this letter is distributed to the Mayor and Councillors in advance of the May 26 Township Council meeting and that it becomes part of the Meeting record. Thank you. Suzanne Carlaw. Ward 1 TO: Mayor Harry Hughes, Members of Oro- Medonte Township Council May 24, 2021 1 am a resident and taxpayer of Oro-Medonte. I am deeply disturbed by the Integrity Commissioner's report regarding the investigation into conduct by Councillor Cathy Keane regarding HVPOA's AGM, and I find the conduct as reported to be egregious on several counts. First, the Mayor saw fit to forward to some Councillors the HVPOA AGM meeting access information when no Councillor, including Mayor Hughes, was apparently invited to the AGM, or directly received this information. Councillor Keane — or her husband — assumed the right to record the meeting without authorization, and misrepresented themselves online to participate in the HVPOA AGM, including casting one or more votes. (I personally often send texts and emails while attending an online meeting. There is no alibi here.) It was deemed "excusable" that Councillor Keane would "mislead and obfuscate" the Integrity Commissioner's investigation. Reference: the letter from Councillor Keane's lawyer How can it be argued by the Mayor or any Councillor at the Council meeting on Wednesday, May 26, that this impartially investigated breach of conduct by Councillor Keane is in any way "excusable" from the full weight of sanctions under the Municipal Act? How is it that the Integrity Commissioner who conducted the investigation has apparently concluded that at least some Oro-Medonte Council members consider HVPOA, a home- owners' Association, " a political threat"? Reference: Integrity Commissioner's report item #99. How could the Mayor or any Councillor who passively or actively condones this conduct expect that an educated voter in Oro-Medonte would accept that a citizen's Association is Page 26 of 348 2.b) Agenda Comments Received. viewed as a "political threat" and that unethical conduct by an elected Councillor is therefore justifiable? I look to the Oro-Medonte Township Council, under the leadership of Mayor Hughes, to start to address on Wednesday, May 26, what is clearly a lack of ethical conduct towards citizens and taxpayers in this jurisdiction. A good start would be for the Oro-Medonte Council to impose sanctions on Councillor Keane on the basis of the findings of this Report, and to issue a letter of apology from Council to the President and members of HVPOA under the signature of Mayor Hughes. Suzanne Carlaw Ward 1 Page 27 of 348 2.b) Agenda Comments Received. From:Jan Watson<janetpwatson@icloud.com> Sent: May 24, 2021 3:23 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Council Meeting May 26 Agenda Item 15a) To: Mayor and Councillors Subject: Council Meeting May 26 Agenda Item 15a) When I read the HVPOA's recount of the AGM held last February and Councillor Keane's letter to the association, I was amazed that an elected official would be that publicly accusatory and threatening. To warn the association that if they did not respond to her misinformation to her satisfaction, she would use the influence of her office to presumably force the HVPOA to bow to her outrageous demands. After reading the Integrity Commissioner's report I was further shocked to learn she obstructed the investigation and misrepresented how she obtained the recording of the HVPOA meeting. She had to be served a summons to compel her to provide information, and possibly the most alarming revelation is that throughout the investigation she did not acknowledge that her actions were inappropriate. Councillor Keane violated the Township's own Code of Conduct, it is clear, and absolutely ironic, that not long ago she introduced a Code of Conduct for the citizens of Oro-Medonte. This is not the behavior that the residents of Oro-Medonte are accustomed to, or deserve. Given the comments of the Integrity Commissioner's report citing that she did not acknowledge that her actions were inappropriate, must we now expect this questionable behaviour will continue, and is acceptable to this Council? Elected representatives of the people must be held to a higher standard than she has demonstrated. Honesty, trust and integrity are of utmost importance in this role. A simple reprimand will be absolutely insufficient. Council has a choice to either condone this outrageous behaviour, or do the right thing and serve her with the maximum reprimand available. I trust you will make the right choice. Janet Watson 26 Landscape Dr Page 28 of 348 2.b) Agenda Comments Received. From: Linda Baker<linda.baker65@gmail.com> Sent: May 24, 2021 4:12 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Cc: . Council <Council@oro-medonte.ca> Subject: Cathy Keane and Integrity May 24, 2021 Oro Medonte Council Re: Cathy Keane and Integrity. Item 15 May 26 Council Agenda What Cathy Keane did was dishonest and deliberate. That is not just my opinion, it is factual as shown in the Integrity Commissioner's Investigation and Report. Her multiple and disproven versions of who else was involved and how that crime was committed and her hiring of a lawyer suggests that she still doesn't recognize the seriousness of what she did. Her lawyer did his best to diffuse the situation but concedes she did lie misleadingly. Ironically, Keane claims that the reason for her actions was to prevent HVPOA from providing misleading information to its members. The penalty should fit the crime but a formal reprimand or a monetary penalty will serve no purpose or change Cathy Keane's unethical tendencies. She should be strongly urged by Council to resign and to not seek public office again. Sincerely Linda Baker 638 Horseshoe Valley Rd East Page 29 of 348 2.b) Agenda Comments Received. From: Debbie palmer<debbiepalmer_98@hotmail.com> Sent: May 24, 2021 4:14 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Conduct of Cathy Keane To Members of Council I have read the original letter Councillor Keane wrote the HVPOA surrounding the AGM meeting, the subsequent response by the HVPOA to her allegations, the Integrity Commission's report as well as her lawyer's letter submitted April 30. 1 have also attended AGM meetings in the past where matters such as elections are held, budgets are approved and information shared. As much as it is a business meeting, is also a kind of social gathering. The Mayor has attended these meetings usually to offer words of welcome and appreciation to the Board for their work in the Community as well as sometimes briefing us on some matters confronting the whole of the County. We have also had Councillors for Ward 1 and 3 in attendance. Obviously because of COVID, the AGM this year was held in a very different format. It was not the usual AGM but a pared down version held virtually to ensure essential matters be addressed. Members of the HVPOA in good standing were sent the link and the password to attend the meeting. I was quite puzzled by Councilor Keane's original assertion that a long time resident had forwarded her a copy of the HVPOA AGM meeting asking for her opinion on various subjects that were raised during the meeting, the result of which was her letter to the HVPOA making pretty derogatory accusations as to the honesty and transparency of the HVPOA. Later it was revealed by the Integrity Commission that the story was a complete fabrication and this more than calls into question her integrity and suitability to continue to serve on council. How ironic that Councilor Keane was responsible for demanding the Code of Conduct for the Public when she is clearly lacking a moral compass directing her own actions especially in hiding the truth and making veiled threats against the HVPOA. I question not only her ethics but her motives; why indeed had she effectively spied on the HVPOA. What is equally, if not more troubling, is how and why she got the original information on the link and password to the HVPOA AGM. The Integrity Commission report said that the link to the AGM and password had been forwarded to her, and other councillors, by Mayor Harry Hughes. While I assumed this had been common practice by the HVPOA to inform the Mayor and Councillors of upcoming meetings, I have subsequently learned that this in fact was never the case. It was stated that Mayor Hughes' son, a resident here in Horseshoe Valley,forwarded the information to his father, though the reason behind this is not clear. That Mayor Hughes took what he knew to be "privileged" information, clearly intended only for members of the HVPOA in good standing, and then forwarded it to others is questionable and disturbing. He did not have permission to share this information nor the right to do so. I believe that we should know the Page 30 of 348 2.b) Agenda Comments Received. motivation behind his actions in sharing confidential information and that he too be held accountable. I am both disappointed and saddened by the action of Councilor Keane for attempting to spy on and discredit the Board of Directors of the HVPOA and then subsequently cover up the truth and lie to the investigators. I am equally disappointed in our Mayor who passed on information to which he was clearly not entitled. People not only expect honesty, integrity and transparency from their representatives on council, they demand it. Respectfully Debbie and David Palmer 14 Highland Dr. Oro-Medonte LOL 2L0 Page 31 of 348 2.b) Agenda Comments Received. From: Jeremy Pollard <jpollard@tsuonline.com> Sent: May 24, 2021 6.51 PM To: rdunn@oro-mendonte.ca; . Council <Council@oro-medonte.ca>; agendacouncil@oro-medone.ca; Aubichon, Yvonne <yaubichon@oro-medonte.ca> Subject: In response to WORA Email re Cathy Keane Subject: Re-Request for Sanctions Against Ward 3 Councillor Cathy Keane As our DEAR well known friend Dr. Phil would say ' No matter how you flatten the pancake there is always two sides'. This email is very strongly worded and sounding quite bias. No matter what the 'truth' is in regards to this issue, I am very disheartened about a personal attack on anyone. I would like to think that we are not living in a Trumpian world. The facts of the matter need to be revealed in their full capacity. In my opinion, the 'facts' in this email are not being portrayed in a fair manor. I will not support the ideas or suggestions in this email and I suggest you don't either until all of the facts are available, and as of now I feel I have only heard from one side. Waiting to hear more.... Page 32 of 348 2.b) Agenda Comments Received. From:John Fawcett (Owner) <johnfawcett53@gmail.com> Sent: May 24, 2021 8:09 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Cc:John &Janet Fawcett(HOME) <johnfawcett53@gmail.com> Subject: Councilor Cathy Keane -Ward 3 - Report by the Integrity Commission (p166 through p195) -Code of Conduct breach. Agenda Item 15 a) on the May 26 Council Meeting. Attention: Mayor Hughes& Council Members RE: Councilor Cathy Keane-Ward 3-Report by the Integrity Commission (p166 through p195)-Code of Conduct breach. Agenda Item 15 a)on the May 26 Council Meeting. In reading the recent HVPOA eNews and the Integrity Commissioner Report of April 30, 2021 - Regarding Ward 3, Councillor Cathy Keane, is very disturbing and the behaviour exhibited is very unprofessional, disappointing & deeply concerning going forward. This Report and content must be an Embarrassment to the Township and her own Ward 3 Constituents to see what kind of Elected Official conducts herself in this manner! The IC Report is very conclusive and speaks for itself, finding Councillor Keane in breach of the Township Code of Conduct, with consequences. Additionally, I have concerns over Councillor Keane's conduct and behaviour visibly, during numerous council meetings virtually & even Facebook postings, specifically the unethical verbal attacks on Councillor Veitch, Ward 1 and anything that refers to the business or Development in Horseshoe Valley. At a minimum, as indicated in the recommendations of the IC Report, Councillor Keane should Recuse herself from Voting on any issues specific to Horseshoe Valley &Ward 1. It's ironic to me that Councillor Keane was instrumental in introducing a Code of Conduct for Citizens! Quite the offender herself! Going forward, Councillor Keane cannot be trusted to perform her duties in an unbiased requirement as an elected official, for the betterment of the Township and should be reprimanded or better still, Resign immediately & not be allowed to hold any other Public Office within the Township. It is time for Mayor Hughes to rein in the Council to work as a Team and go in the same direction - not be so fractured and disconnected. Regards Janet&John Fawcett Landscape Drive. Page 33 of 348 2.b) Agenda Comments Received. From: Mary E. Long <me13long@gmail.com> Sent: May 24, 2021 8.24 PM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: Council Meeting May 26 Agenda Item 15a) To: Mayor and Councillors I am deeply concerned with the report of Councillor Keane's actions with regards to the HVPOA AGM. I really feel that she should be informed that in the future, she should recuse herself from any further voting on our area as she cannot be trusted to have an impartial opinion. As well, I think Mayor Hughes should be held to the same account. Mary Long 28 Landscape Drive Page 34 of 348 2.b) Agenda Comments Received. From: KEITH MORLEY<keithmorley@rogers.com> Sent: May 24, 2021 8:37 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Cc: Dr. Keith Morley<keithmorley@rogers.com> Subject: Fwd: Cathy Keane and Council - IMPORTANT and URGENT I am asking that my letter below go on the record for item 15 (a) of the agenda. Keith Morley Dr.Keith R. Morley CD,BSc,DM D,M BA,FRCD(C) Pediatric Dentist Past President American Academy Pediatric Dentistry 200-300 Lakeshore Dr. Barrie ON L4NOB4 Office-705-722-3213 https://ca.linkedin.com/in/keithmorlev Begin forwarded message: From: KEITH MORLEY <keithmorley(a)rogers.com> Subject: Fwd: Cathy Keane and Council - IMPORTANT and URGENT Date: May 24, 2021 at 8.31.16 PM EDT To: Council(a-)oro-medonte.ca Cc: "Dr. Keith Morley" <keithmorley(a-)rogers.com> I am asking that Councillor Ms. Cathy Keane resign immediately due what appears to be a serious breach of ethics as outlined in the Integrity Commissioner's Report,"Principles Integrity Report "attached below. Ratepayers need a more detailed investigation as to who authored the original document to the HVPOA on February 8, 2021 as the name of "Harry" is listed below as well as Cathy Keane. Oro-Medonte residents expect to be represented by members of Council who are honest and ethical and we need a full public inquiry into this matter. Keith Morley Page 35 of 348 2.b) Agenda Comments Received. From: Bryn Pressnail <bryn80@rogers.com> Sent: May 24, 2021 9.55 PM To: . Council <Council@oro-medonte.ca>; Agenda comment <Agendacomment@oro- medonte.ca> Subject: Integrity Commissioner Item 15(a), May 26 agenda On February 24,2021 , the Ontario Integrity Commissioner received a formal complaint from HVPOA against Oro-Medonte Ward 3, Councillor, Cathy Keane. The report of the commission was released on Friday May 21 ,2021. The Integrity Commissioner wrote, " it was the first time we have felt it necessary to administer an oath in the course of an investigation." (60). This is very telling of the concern and gravity of this situation and it is a very important and serious matter. Further, the Commissioner wrote, "the Councillor ignored, deflected and misrepresented". (68) This behaviour is reprehensible in anyone and in an elected public servant it is much worse. Thirdly, the Commissioner wrote" It is fair to perceive this statement as a threat, although it is not entirely clear what is being threatened. But even an empty threat is a threat." (88) It is never reasonable to threaten a group or individual. This type of conduct is a serious breach of the norms of social conduct. In bullet 93, the commissioner presented " the facts: that the HVPOA had not, at any time during the AGM, misrepresented or misinformed its membership; that the Councillor's letter was aggressive and accusatory, and erroneous." Clearly the Commissioner is pointing out where the truth is. The conclusion is that the code of conduct was breached. In addition, the investigation was hampered by the changing narrative from the Councillor and the need for an oath to arrive at the facts. In any other field of employment, interfering with an investigator's efforts would result in immediate termination for cause. This should be the sanction administered in this situation. Sincerely, Bryn Pressnail 5 Bay Street, Oro-Medonte. Page 36 of 348 2.b) Agenda Comments Received. From: brian.broda@linell.ca <brian.broda@linell.ca> Sent: May 25, 2021 8:17 AM To:yaubichon@oro-medonte.ca. Cc:Agenda comment<Agendacomment@oro-medonte.ca> Subject: FW: Concerns re: Cathy Keane Resending/Forwarding this message... there was a typo in my initial message. Regards, Brian From: brian.broda@linell.ca <brian.broda@linell.ca> Sent: May 24, 20214:44 PM To: 'council@oro-medonte.ca' <council@oro-medonte.ca>; 'agendacomment@oro-medonte.ca.' <agendacomment@oro-medonte.ca.> Cc: 'civi.jacobsen@linell.ca' <civi.iacobsen@linell.ca> Subject: Concerns re: Cathy Keane Good day, I have recently become aware of the actions taken by Councillor Cathy Keane that were facilitated by Mayor Harry Hughes and his son. I only partially agree with the recommendations of the Principles Integrity report. They did not go far enough. I would ask that the Council demand Councillor Keane's resignation from Council along with a penalty of at least 25% of her Councillor's remuneration. I would also ask that Mayor Hughes be reprimanded for his facilitation of her behaviour with a penalty of 10-25% of his Mayor's remuneration. In addition to any penalties or reprimands decided upon by Council, any and all legal costs incurred for this matter by Councillor Keane and Mayor Hughes should be paid by them personally. The tax payers of Oro-Medonte should not bear the burden of the legal cost to defend for Councillor Keane's lying and inappropriate behaviour. Please note that I view if as essential that both Councillor Keane and Mayor Hughes recuse themselves from any Council debates and discussions regarding this issue. Regardless of the specific decisions for the eventual reprimands and penalties, above and beyond the normal publication of Minutes, Council actions should be formally published in the local news papers and online news outlets to ensure that the citizens of Oro-Medonte can individually assess the character of their elected officials. Regards, Brian Page 37 of 348 2.b) Agenda Comments Received. From: John McGee <jgm9768@gmail.com> Sent: May 25, 2021 8.28 AM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: Fwd: May 26 Council meeting, agenda item 15 >> Attn; >> Mayor Hughes, Deputy Mayor Hough, Councillor Ian Veitch, Councillor Terry DeSousa, Councillor Shawn Scott, Councillor Randy Greenlaw >> Dear Mayor and listed Councillors >> We are owners of a house in a small part of Horseshoe Valley at the Heights under Cathy Keane's representation. >> After reading the Integrity Commissioner's report we find the conduct of this Councillor nothing short of disgraceful! The Commission concluded Ms Keane's actions as being underhanded, deceitful and in breach of the rules of conduct expected of our Oro- Medonte councillors. Her continued denials of any wrongdoings until after having been forced to provide facts under oath, is unforgivable! >> Since her tenure on Council, we have come to believe that her overall perspective of what goes on in the "Valley" is negative and disingenuous. In concerns brought forward, for example, items such as ATV traffic, and zoning requests, her comments appear to have been for the most part unsupportive and with little regard for our concerns. >> Public servants are expected to be ethical, transparent and trustworthy representatives of the people they serve! The Commissioner's report clearly suggests that Ms Keane's behavior does not align with these expectations. We no longer have any trust in her leadership. Being found guilty as charged, and with her integrity clearly discredited, Ms Keane should do the honorable thing and simply resign from this critical position of public trust! >> If her resignation is not received, then at the very minimum, she should be recused from any item relating to Horseshoe Valley as her apparent disdain and lack of objectivity for the Valley is widespread among its residents! >> Respectfully, >> John and Ann McGee Page 38 of 348 2.b) Agenda Comments Received. From: cjdsl <cjdsl@csolve.net> Sent: May 25, 2021 8:34 AM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: FW: Wednesdays meeting Item # 15 Hello Ms Keene should be held accountable for her actions. The disregard to the oath of office she took, is totally unacceptable. 1. She should be asked to resign, immediately 2. Made to payback all costs incurred by the town in retaining a highly paid lawyer to represent a foolhardy, frivolous defense of allegations that were so obviously accurate. 3. Ms Keene at the very least recuse her self from any decisions involving Horseshoe Valley and the HVPOA as she obviously has a bias towards Horseshoe Valley and it's residents. 4. If the resignation is not forthcoming an investigation into the true motive behind the actions of Ms Keene and spouse should be conducted. Mayor Hughes should also asked to explain his roll in this fiasco, and to why he choose to forward the HVPOA meeting link to Ms Keene, to me this seem far from appropriate as he was not a member or invitee, and should not have been in possession of the said link. Regards Colin Johnson HV Resident Page 39 of 348 2.b) Agenda Comments Received. From:Tom &Shawn <fendley3@sympatico.ca> Sent: May 25, 2021 8:45 AM To:Agenda comment<Agendacomment@oro-medonte.ca> Cc: Hughes, Harry<harry.hughes@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Greenlaw, Randy<randy.greenlaw@oro-medonte.ca>; Veitch, Ian <ian.veitch@oro-medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; DeSousa,Tammy<tammy.desousa@oro-medonte.ca>; Keane, Cathy<cathy.keane@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca> Subject: Principles Integrity Report-AGENDA item for Wednesday MAY 26, 2021 Township of Oro-Medonte Clerk -Yvonne Aubichon, Please include my attached letter to your agenda for the O-M Council Meeting of Wednesday May 26, 2021. Item 15-A Principles Integrity Report. Thank You, Tom Fendley 11 Pine Lane Horseshoe Valley Township of Oro-Medonte May 24, 2021 Mayor H Hughes Deputy Mayor R Hough Councillors: Randy Greenlaw, Ian Veitch, Shawn Scott, Tammy deSousa, Cathy Keane Re: Principles Integrity Report / The resignation of Councillor Cathy Keane As a taxpayer of Oro-Medonte I was extremely disappointed to read of the conduct of Councillor Cathy Keane. I ask that you follow the facts when reviewing the Principles Integrity Report. ( Item # 15 on your agenda ) Principles Integrity Report highlights: [49] Councillor Keane has admitted that her email was used to log on to the HVPOA AGM. [51] Not until Councillor Keane was under oath did she admit that the email from the HVPOA inviting members to participate in the AGM was forwarded to her Township email by Mayor Hughes [59] Initially, Councillor Keane advised that her husband had not recorded the AGM, but she had obtained a copy of the video on a USB stick from a friend/acquaintance. That story turned out not to be true. [61] Under oath, Councillor Keane advised us that there never was a USB stick with a recording of the AGM, that there was no friend/acquaintance who provided it. [68] Councillor Keane, ... ... ignored, deflected and misrepresented. [69] Councillor Keane's letter of February 8, 2021 suggesting she was coming to the aid of a longtime resident, demonstrates that she was well-aware that the participation from her email was one of an unauthorized interloper. [70] We found that the Councillor attempted to obfuscate and obstruct our investigation. [73] ... . the Councillor intentionally misled us, gave two different accounts of how she was able to view the AGM, and resisted our attempts to corroborate her story. F%We do Page 4 0 34 2.b) Agenda Comments Received. not accept the Councillor's evidence that she did not receive the email from the HVPOA requesting caprix101 ( C Keane's email ) to identify themselves. [78] We find that Councillor Keane's assertion ( item # 77 Councillor Veitch did not participate in the meeting ) is nothing more that a deflection. [83] Neither Councillor Keane or her husband were invited to attend the AGM. [88] Regarding Councillor Keane's "Aggressive, accusatory letter to HVPOA an effort to exert improper use of influence" It is fair to perceive this statement as a threat, ... ... . [108] We find that this conduct is contrary to the Code of Conduct. [109] Moreover, we find that the Councillor's attempts to mislead and obfuscate during our investigation is conduct contrary to the Code of Conduct. It is very clear that there is a Code of conduct for members of council. In fact it is legislated in the Modernizing Ontario's Municipal Legislation Act ( 2017 ). Integrity is not an option being a member of a municipal council. The actions of Councillor Keane has destroyed her integrity. Councillor Keane's lawyer points out she only has 26 residents in the HVPOA area who are members of her Ward. You would not be surprised that ratepayers throughout the entire township of Oro-Medonte are aware of this investigation. All residents of Oro-Medonte remember - Councillor Keane introduced the motion to create a Code of Conduct for the Public ! As the current members of Township of Oro-Medonte council, I ask that you take the appropriate action and ask for the resignation of Councillor Cathy Keane. Whether we like it or not, this investigation reflects on the reputation of the entire council. If Councillor Keane refuses, then I suggest you suspend her from council for the remainder of her term. The residents of Ward 3, and the residents of Oro-Medonte deserve and expect a higher standard of leadership. Sincerely, Tom Fendley Horseshoe Valley Page 41 of 348 2.b) Agenda Comments Received. From: barrilliapark@gmail.com <barrilliapark@gmail.com> Sent: May 25, 2021 10.02 AM To: . Council <Council@oro-medonte.ca>; Agenda comment <Agendacomment@oro- medonte.ca>; Veitch, Ian <ian.veitch@oro-medonte.ca>; DeSousa, Tammy <tammy.desousa@oro-medonte.ca>; Keane, Cathy <cathy.keane@oro-medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; Greenlaw, Randy <randy.greenlaw@oro- medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Hughes, Harry <harry.hughes@oro-medonte.ca> Cc: 'Janice Atwood-Petkovski' <PostOffice@principlesintegrity.org>; Aubichon, Yvonne <yaubichon@oro-medonte.ca> Subject: May 26, 2021 Council Agenda Item 15: the Integrity Commissioner's Report Dear Mayor, Deputy Mayor and Councillors, RE: May 26, 2021 Council Agenda Item 15: the Integrity Commissioner's Report This e-mail is for the purposes of providing comment on the public record to Item 15 of the Oro-Medonte Council Agenda for May 26, 2021. The substance of this item is the Integrity Commissioners' Report of May 14, 2021 that raises concerns with respect to Council's conduct. In this regard, the first point to be made is that in the eyes of the public the conduct of one or more members of Council is the conduct of Council as a whole. Where unbecoming conduct is alleged and upheld then consent to, or implied consent to, such conduct is the conduct of all Council. The unbecoming conduct, that was alleged and upheld on the balance of probabilities, was committed against an incorporated residents' association. There are several of these in the Township, they are free-standing legal entities, their membership is conferred by their own by-laws, their obligations are to the Corporations Act and that Act alone. They are private, separate, and apart from any other entity. To pierce the sanctity of that privacy is an egregious act. It should be lost on no one that this conduct included fraudulent voting. Thus violating a foundational act of Democracy. For such conduct to have been committed and/or abetted by Councillors elected by the public constitutes an unparalleled breach of trust. The residents' associations, incorporated or not, are a vibrant part of the community who represent particular interests and desires of the diverse elements of our Township and constitute its Civil Society. Associations are vital living organs of the body of Democracy. When one organ is pierced, all organs are pierced. Council now holds the piercing instrument in its hand. What will Council do with that instrument? Residents will judge the character of this Council by the measures taken towards the amends of; • This injury to Democracy, • This severe breach of trust, • The likelihood that this will occur again, 0 The wrong and embarrassment that it has brought upon t%Du l' age T2 of 348 2.b) Agenda Comments Received. • Council's relationship with its residents of all ages, • The deep reputational wound it has opened, • The expectations that the public has of politicians, • The injury to free and fair voting. Council, the choice is yours, the eyes of the public are upon you. Sincerely, Peter Lavoie, President Barrillia Park Ratepayers Association Page 43 of 348 2.b) Agenda Comments Received. From: Tom Kalvik <tom.kalvik@icloud.com> Sent: May 25, 2021 10:36 AM To: . Council <Council@oro-medonte.ca>; Agenda comment <Agendacomment@oro-medonte.ca> Subject: C Kane behavior Reading the information about the behavior of Cathy Kane has been very disturbing to us. It is our expectation that council members will behave honorably and within the code of conduct. Ms. Kane not only violated the code by lying, she did so repeatedly and over a period of time. The thought that a reprimand is sufficient is incomprehensible. Someone who has behaved as she has on a consistent basis should voluntarily resign and if this does not occur, she should be removed from council. Respectfully, Tom Kalvik BA, FLMI, CLU, CFP, CH.F.C. 41 Moon Point Drive Oro-Medonte ON L3V OR8 Page 44 of 348 2.b) Agenda Comments Received. From: Tom.Schnull@glencore.ca <Tom.Schnull@glencore.ca> Sent: May 25, 2021 10:43 AM To: . Council <Council@oro-medonte.ca>; Agenda comment <Agendacomment@oro-medonte.ca> Subject: Integrity Commissioner's Investigative Report on Councillor Cathy Keane To Council and Mayor Hughes: Clearly, there is an expectation among residents and ratepayers that our representatives on Council are honest and ethical. Most unfortunately, Cathy Keane's recent actions and behavior have been determined, by the Integrity Commission, to be dishonest and unethical. After having carefully read through all the related documentation, I have come to exactly the same conclusion. It is sad when our elected officials [mayor included] are so lacking in morals and engage in —then deny—such unacceptable behavior. Cathy Keane should have lost her job. In fact, she should have had the decency to voluntarily resign. A more detailed investigation and a Public Inquiry is clearly called for, in addition to requiring Cathy Keane to resign. What else will Council do to re-establish our residents' trust in their elected officials? Respectfully yours, Tom Schnull Thomas Schnull 35 Northwood Court I Oro-Medonte, Ontario I LOL 21-0 1 CANADA Page 45 of 348 2.b) Agenda Comments Received. From:Jane Brasher<j.brasher@sympatico.ca> Sent: May 25, 2021 10:44 AM To: Agenda comment<Agendacomment@oro-medonte.ca> Subject: Letter regarding the Report of the Township Integrity Commissioner dated May14,2021 Please have the attached letter added to the agenda for the May 26, 2021 Oro Medonte council meeting regarding the report of the Township Integrity Commissioner on Councillor Keane Thank you Jane Brasher MD FRCP May 25, 2021 Mr. Harry Hughes, Mayor Mr. Ralph Hough, Deputy Mayor Council Members of the Township of Oro Medonte It is with deep concern that I write this letter to be included on the agenda of the May 26, 2021 Oro Medonte council meeting. I refer to the Recommendation Report of the Township's Integrity Commissioner dated May 14, 2021. 1 have read this report in its entirety as well as the letter dated April 30, 2021 from councillor Keane's counsel. Mr H G Elston to the Integrity Commissioner. I am aware that the Recommendation Report takes into consideration the arguments posed by Mr HG Elston. I understand councillor Keane breached the private meeting of the Horseshoe Valley Property Owners A ssociation (HVPOA) held February 3, 2021 and I have read her letter sent to the HPVOA dated February 8, 2021. 1 am also aware councillor Keane did not act alone in obtaining the password for the HVPOA meeting nor in drafting her letter to the HVPOA. Councillor Keane, who represents herself as a strong advocate of the Oro Medonte Township's Code of Conduct, has breached this c od e of Conduct in a serious and reprehensible way. Councillor Keane has obtained the password to a members only meeting of the HVPOA, used that password to view the meeting and then sent a threatening letter to the HVPOA that contains significant misrepresentation of the facts. During the investigation of the complaint by the HVPOA to the Township Integrity Commissioner, she repeatedly lied and obstructed the investigation to the point she required a summons and swearing under oath to comply. She continues to seem oblivious to the nature of her actions or the consequences. f find the arguments put forth by Mr H G Elston unconvincing. Facts are facts and well laid out in the Recommendation Report of the Integrity Commissioner. After reading the documents as stated above I respectfully request 1. That councillor Keane and any other member of council involved in taini a faring of the password to the HVPOA meeting or in the drafting of councillor �' 91 V the 2.b) Agenda Comments Received. HVPOA recuse themselves from voting on this matter. 2. The council accept the recommendations of the Township Integrity Commissioner and reprimand councillor Keane for her breach of the Code of Conduct of the Township of Oro M o e 3. Councillor Keane apologize for her behaviour to the executive of the HVPOA in writing and that this apology also be posted on the township's website 4. Councillor Keane be suspended from her duties for a minimum of three months 5. Council seriously consider requesting councillor Keane's resignation given the seriousness of her actions and her lack of contrition. As a taxpayer of Oro Medonte I would also appreciate confirmation that the legal services of Mr H G Elston were not paid for by the township. Members of council are elected by and paid by the residents and taxpayers of Oro Medonte. Itis expected they bide by the Township's Code of Conduct without exception. You are our representatives and should always strive for unbiased, courteous and respectful interaction with all residents. Thank you for your attention to this matter Jane Brasher MD FRCP1993 Line 8 North Oro Medonte LOL 2 EO Page 47 of 348 2.b) Agenda Comments Received. From: Tom Kurtz<tom.kurtz@sympatico.ca> Sent: May 25, 2021 11:02 AM To: Agenda comment<Agendacomment@oro-medonte.ca>; . Council <Council@oro-medonte.ca> Subject: Principles Integrity Final Report and Recommendations, Item 15 (a) Mayor Hughes and Council My name is Tom Kurtz and I am resident of Oro-Medonte. Much has been written about the current scandal regarding the inappropriate and perhaps illegal involvement of Councillor Cathy Keane and others in the AGM of the Horseshoe Valley Property Owners Association. I don't wish to rehash that which has already been eloquently commented on by others but instead would like to comment on some of the circumstances that allegedly compelled Councillor Keane to comment on what she characterized as false and misleading information presented at the AGM with respect to water and wastewater issues in Horseshoe Valley. Water and wastewater issues in Horseshoe Valley have been a source of controversy in this community for at least the past 2 decades. The most recent flair-up came in late 2019 when residents of Zone 1 were informed that they would be integrated with the municipal Zone 2 system and they would be required to pay a hook-up fee as they were considered to be new customers. Residents objected to this characterization and the hook-up fee which was initially set at—$9800 . At the urging of Councillor Veitch and agreement by the Township, a vetted Focus Group was established to provide a forum for presentation and discussion of the facts around this characterization. On Mar. 13, 2020, the resident members of the Focus Group presented evidence that Zone 1 was now and had always been a municipal system. The Township disagreed and inferred they would present evidence that disputed this conclusion. Despite 2 years of research of over 500,000 pages of publicly available documents and over 5000 hours of volunteer time, the Township staff and Council have refused to answer queries or respond to reports which confirm the municipal nature of the Zone 1 system. This is all being done under the guise of solicitor/client confidentiality. That concept only binds the solicitor and not the client. Not only does that concept not bind the client but, by extension, Township residents are the client as Council was elected to represent us. How does all this relate to the accusations in Councillor Keane's letter? Perhaps had Council and staff been more forthright in their release of information regarding the history of water and wastewater in Horseshoe Valley, both sides in this dispute would have been better equipped to have an adult conversation surrounding this issue and come to a conclusion based on facts rather than opinions. The Township, by withholding key documents, has disrupted this conversation and may have intentionally or inadvertently been the cause of any alleged misinformation provided at the AGM. In addition to all the previously suggested penalties regarding Councillor Keane's and others behaviours, I think a Judicial enquiry is in order as well as an OPP investigation into possible illegal behaviour. Respectfully submitted Tom Kurtz 61 Cathedral Pines Barrie, ON L4M 4Y8 Page 48 of 348 2.b) Agenda Comments Received. From: Alex and/or Mary Ellen Smith <aw.me.smith@sympatico.ca> Sent: May 25, 2021 11:37 AM To: Agenda comment<Agendacomment@oro-medonte.ca>; . Council <Council@oro-medonte.ca> Subject:Agenda item, Principles Integrity Final Report and Recommendations, Item 15 (a) Mayor Harry Hughes and Council: In response to the Agenda item, Principles Integrity Final Report and Recommendations, Item 15 (a), I would like to formally express my strong disapproval of the alleged behaviour of Ward 3 Councillor Keane. The Township's Council Code of Conduct (March 1, 2019) states: "The Council of the Township of Oro-Medonte is committed to achieving high standards of conduct which is essential to maintain and ensure public trust and confidence in the Township's planning, administration, and operations. Members of Council of the Township of Oro-Medonte will act in an accountable and responsible manner with integrity, transparency, and fairness in its decision making. This Code of Conduct shall establish a minimum standard of behaviour for Council members while carrying out their roles and responsibilities as an elected official." The Integrity Commissioner's report, "Principles Integrity Final Report", clearly and methodically documents the alleged behaviour of Councillor Keane. Such behaviour undoubtedly shows that Council Keane has failed to meet her obligations under this Code. Council in turn must meet its obligations and strongly and publicly reprimand Councillor Keane's for her actions. Not to do so would result in an even further loss of public trust and confidence in the Township's Leadership and Administration. Sincerely, Mary Ellen Smith 4 Green Mountain Court, Oro Medonte LOL 21-0 Page 49 of 348 2.b) Agenda Comments Received. From: Valerie Thornton <vmt4141@gmail.com> Sent: May 25, 2021 11:41 AM To: Agenda comment<Agendacomment@oro-medonte.ca> Subject: Cathy Keane Integrity Commissioner's Report Please add the attached to the Agenda for the meeting on May 26th. Thank you Valerie Thornton Please add this to the Agenda for Wednesday May 26t", under Item 15 (a) To The Mayor, all Councillors and the Clerk Council Meeting May 26t" 2021 Item 15 (a) The Integritv Commissioner's Report on Councillor Keane have several comments but will be brief; the first being that this is such an important issue, it should be number 1 not 15 on the Agenda. Keane cannot be involved in any issue or vote before 15 a) is dealt with. Again a late notification about this meeting on a Friday before a long weekend is not acceptable; it is as though you just want to sweep certain issues under the mat, whereas what happens is you make more work and problems for yourselves as these matters need a lot of input and debate. This is a code of conduct issue which involves ALL of the Township. The Integrity Commissioner's Report found that Councillor Keane contravened the Township's Code of Conduct, obstructing and misleading them during their investigation. In addition "there was an absence of acknowledgement that her actions were inappropriate and her letter aggressive and threatening in an attempt to exert improper influence of her office". Keane actually lied and it concerns me that she did not see anything wrong in her actions. This is very serious contravention, yet the recbnwf1tq)e`ttion 2.b) Agenda Comments Received. is to reprimand and pass a resolution which should be posted on the Township's website. What about the cost of her lawyer, this should not be borne by the taxpayers. It should be noted that her lawyer's letter which for some reason she wanted on the Agenda was dated April 30t" and was seen by the Integrity Commissioner before the Report of May 14t". This same lawyer says Keane should be exonerated (declared or shown to be blameless); how pathetic and ridiculous is thatH Regarding the meeting that Keane was so anxious to attend, this was a simple, modified zoom webinar for an AGM that is normally held in October, but was postponed because of covid; not a normal AGM where councillors and the mayor "may" be invited. New members of the Board were elected and the only speaker was the owner of the new Vetta Spa on third line. The HVPOA is a residents association where members pay a yearly fee to belong and only members are allowed access to its facebook. All the Board are residents and volunteers who receive no remuneration. An excellent job was done in organizing this interactive, virtual meeting which included on-line voting and a Q/A period with over 100 people "attending". This type of AGM was a "first" and went very well, but it was realized that last year's Financial Statements should have been a separate vote from approval of this year's budget; but it was difficult to correct as they were unable to make the necessary connection to the on-line voting tool on the spot. The Board was going to deal with any questions raised by members that weren't dealt with at the meeting. There was a complaint (who, but now we know?) regarding not inviting various levels of government, including the mayor and councillors. To my mind this would have been a disaster and a time restriction did not allow for this. Many people would have just tuned out as generally Page 51 of 348 2.b) Agenda Comments Received. zoom meetings are somewhat tedious with poor sound and production problems, muting etc. A good example is some of the Council meetings. We later heard that there was an unauthorized recording of this meeting which was illegal and should have only been done with permission of the HVPOA. This was later tracked to Keane. I did feel that anyone who had concerns/complaints should contact the Board directly and not remain anonymous. In her letter to the HVPOA she said "a long time resident who watched and recorded the meeting had contacted her and asked for her interpretation of what was said by various Board members that night"; this turned out to be a downright lie, and cast a shadow over who this long term resident was who lacked the courage to speak to the Board. A recommendation of a reprimand is out of sync with the severity of her action! do beg to ask, is there a puppeteer manipulating Keane? Just a thought! Valerie Thornton Page 52 of 348 2.b) Agenda Comments Received. From: Wora Ratepayers<wora rate payers@gmail.com> Sent: May 25, 2021 10:15 AM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Fwd: Request for Sanctions Against Ward 3 Councillor Cathy Keane I received an error message on my e-mail yesterday as I believe I used the incorrect e- mail address to submit this request to have my e-mail recorded for the Council meeting tomorrow evening. Please confirm receipt of this e-mail. Thank You Domenic Natale ---------- Forwarded message --------- From: Wora Ratepayers <woraratepavers(a)gmail.com> Date: Mon, May 24, 2021 at 5:42 PM Subject: Request for Sanctions Against Ward 3 Councillor Cathy Keane To: <council(a)oro-medonte.ca>, <agendacouncil(a-)oro-medonte.ca>, <yaubichon(a)oro- medonte.ca>, <rdunn(a-)oro-medonte.ca> Further to the findings of the Integrity Commissioner Report re Ward 3 Councillor Cathy Keane dated May 14th, 2021 the WORA Executive asks that: 1. O-M Council ask for Cathy Keane's immediate resignation, 2. O-M Council impose a monetary fine on Councillor Keane, 3. O-M Council further investigate the involvement of any other member of Council or staff in the allegations reviewed by the Commissioner's Report and to take any necessary appropriate steps to stem this gross misconduct. This is a very serious contravention of proper conduct by an elected official. Violations of The Code of Conduct by a member of Council is simply not acceptable and is a violation of their oath of office. This matter of misconduct must be immediately addressed and done so in the most serious manner. Please post this e-mail to the public record on the Agenda Item 5 (a) at the O-M Council meeting for Wednesday, May 26th, 2021. Sincerely, Domenic Natale, President, West Oro Ratepayers' Association From The WORA Executive, Oro-Medonte, Ontario, LOL 2E0 Page 53 of 348 2.b) Agenda Comments Received. From: d.moles@sympatico.ca <d.moles@sympatico.ca> Sent: May 25, 2021 1:03 PM To: . Council <Council@oro-medonte.ca> Cc: Agenda comment <Agendacomment@oro-medonte.ca>; d.moles@sympatico.ca Subject: May 26, 2021 Meeting of Council Agenda Item: Complaint Against Councillor Keane Please see my letter attached, which I request be placed on record for the May 26, 2021 Council meeting agenda item: Complaint Against Councillor Keane. Thank you. Best regards, Douglas S. Moles May 25, 2021 BY EMAIL Mayor and Council, The Corporation of the Township of Oro-Medonte, 148 Line 7 South, Oro-Medonte, Ontario LOL 2E0 Dear Mayor Hughes and Members of Council: Complaint Against Councillor Keane Principles Integrity Recommendation Report In connection with the above-noted matter, I have read Councillor Keane's letter of February 8, 2021 to the Horseshoe Valley Property Owners Association (the "HVPOA"); a letter dated April 30, 2021 from H.G. Elston, solicitor to Councillor Keane, responding to a Preliminary Findings Report by Principles Integrity (which acts as Integrity Commissioner for the Township); and a Recommendation Report by Principles Integrity dated May 14, 2021. 1 note that the May 14, 2021 Recommendation Report by Principles Integrity referred to above was issued after the April 30, 2021 letter from Mr. Elston, also referred to above, and so would have taken into consideration his submissions. While Mr. Elston is to be complimented on his advocacy on behalf of Councillor Keane in this matter, I found the Principles Integrity Recommendation Re ort more helpful in its analysis, and more persuasive in its review and recommendations.Page 54 of 348 2.b) Agenda Comments Received. As a concerned resident, property owner and taxpayer of Oro-Medonte, I am deeply troubled by this matter. I strongly urge Council to: 1. Adopt in full the recommendations of Principles Integrity by passing without amendment a resolution: "That having been found to have breached the Code of Conduct for the Township of Oro-Medonte,that Councillor Cathy Keane be and is hereby formally reprimanded. 2. Also in accordance with the Principles Integrity Recommendation Report,to post a full copy of that Report on the Township of Oro-Medonte website for public access. -2- 3. Require that not only Councillor Keane recuse herself from any Council deliberation or vote on this matter, but also any member of Council who may have been involved in any way in facilitating unauthorized access to the HVPOA Annual General Meeting on February 3, 2021, or in the preparation and/or prior approval of Councillor Keane's letter of February 8, 2021 referred to above. 4. In the interests of transparency, disclose whether Mr. Elston's fees in this matter have been, or will be, in any way paid by or reimbursed to Councillor Keane by, the Township. All of which is respectfully submitted, along with a request that this letter be placed on record for purposes of the May 26, 2021 meeting of Council. Yours very truly, Douglas S. Moles Douglas S. Moles, Barrister and Solicitor P.O. Box 5094 Penetanguishene, Ontario L9M 2G2 Page 55 of 348 2.b) Agenda Comments Received. From: Peter Heming<peterheming@gmail.com> Sent: May 25, 2021 12:02 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Re: Complaint Against Councillor Keane May 25, 2021 Mayor and Members of Council Township of Oro-Medonte 148 Line 7 South Oro-Medonte, On LOL2E0 Re: Complaint Against Councillor Keane It was with great alarm that I read the Principles Integrity Recommendation Report detailing the findings against and actions taken by Ward 3 Councillor Cathy Keane. As stated in the report Council members are elected to serve their constituents and the public in a conscientious and diligent manner. The foundation of any level of government is based on ethics, integrity, honesty, and as defined in the Code of Conduct requires Council Members to tell the truth. Mayor Harry Hughes and Councillor Cathy Keane have failed the residents and property owners of Oro-Medonte. The HVPOA was a private meeting with only members in good standing being invited to participate. Mayor Hughes and Councillor Keane breached the privacy of the 550 members of the HVPOA. In Ontario, Breach of Privacy is a Right protected by Tort Law. It is my firm belief that Mayor Harry Hughes and Councillor Cathy Keane should immediately resign from the Oro-Medonte Township Council as they no longer have the trust or respect of residents of Oro-Medonte. Regards, Peter Herring 16 Trillium Trail Coldwater, ON. L0K1 EO Page 56 of 348 2.b) Agenda Comments Received. From: D&L Mader<dlmader98@gmail.com> Sent: May 25, 2021 12:13 PM To:Agenda comment<Agendacomment@oro-medonte.ca>; . Council <Council@oro-medonte.ca> Subject: Principles Integrity Final Report and Recommendations, Item 15 (a Re: Principles Integrity Final Report and Recommendations, Item 15 (a We are Lynette and Dave Mader and we have lived in Craighurst for 19 years. We are dismayed by events outlined in the Principles Integrity Final Report. While we are not deeply familiar with the issues surrounding water rates and the concerns of the HVPOA, we are terribly concerned by details of the report and particularly the fact that councillor Keane obstructed the investigation as described in the report. We don't wish to be represented by someone who would act in this way. There is really only one course of action that can address the damage that has been done: Councillor Keane should volunteer her resignation and Council should accept that resignation. Certainly the fate of her representation will be decided by voters in the next election, but should Council wait for that, the township's credibility and all of the effort it has put into ensuring transparent, credible and effective leadership will be undermined. Sincerely, Lynette and Dave Mader 3499 Penetanguishene Road Craighurst Page 57 of 348 2.b) Agenda Comments Received. From: Keith Doxsee <keith.doxsee@me.com> Sent: May 25, 2021 12:19 PM To:Aubichon, Yvonne <yaubichon@oro-medonte.ca> Cc: . Council <Council@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca>; Teeter, Janette <jteeter@oro-medonte.ca>; intake@ principlesintegrity.org; Dunn, Robin <rdunn@oro- medonte.ca>; Hughes, Harry<harry.hughes@oro-medonte.ca>; Veitch, Ian <ian.veitch@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; DeSousa, Tammy<tammy.desousa@oro-medonte.ca>; Keane, Cathy<cathy.keane@oro-medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; Greenlaw, Randy<randy.greenlaw@oro-medonte.ca> Subject: Re: Councillor Keane sanctions Dear Mayor Hughes and Council See below for my comments. I ask that you post them to the to the public record in respect of item 15(a) on the Wednesday May 26th Oro-Medonte Council meeting. Thank you for assistance with this very important matter. Keith Doxsee Dear Mayor Hughes and Council The Integrity Commissioner's office conducted an investigation of Councillor Keane based on a recent complaint. Their findings are jaw dropping. The Integrity Commissioner's recommendation for a formal reprimand of the Councillor is insufficient. Since the matter involves the Mayor, unauthorized family members and possibly employees or others, the public deserve full transparency of this matter. Council is compelled to examine this affair by way of a public inquiry. Given her egregious behaviour Councillor Keane should resign but, if she does not, then Council should take immediate action. To act as a deterrent, and protect the public interest, Council should impose an immediate six month suspension on the Councillor. This should be accompanied by a lifetime ban from running for any elected position in the Township. Yours Truly, Keith Doxsee Page 58 of 348 2.b) Agenda Comments Received. From: karen.sanderson@sympatico.ca <karen.sanderson@sympatico.ca> Sent: May 25, 2021 12.24 PM To: Agenda comment <Agendacomment@oro-medonte.ca> Cc: . Council <Council@oro-medonte.ca> Subject: Councillor Keane's conduct To Members of Council, I would like to request that this email be posted to the public record on the agenda for the meeting to be held on May 26t", 2021 Having read the Integrity Commissioner's Final Report and learned of the actions taken by Councillor Keane following the HVPOA annual meeting in February, I would like to express my disappointment that the elected Councillor for my part of the township, Shanty Bay, could act in such a manner. If Councillor Keane had admitted immediately that she made a wrong decision in acting the way she did, I could be more understanding . However, she did not and, in fact, went to great lengths to cover up her actions. It seems clear in the report that those conducting the investigation of the complaint suspected that the original story being told by Councillor Keane was untrue. And eventually the lies were uncovered during a further "under oath" examination. There appears to be no acknowledgment by Councillor Keane that her actions were contrary to the Code of Conduct and the report states that much of the investigation would have been simplified had the Councillor admitted her actions from the onset. The recommendation of the report is for a formal reprimand and certain penalties as listed under 116 and 117 in the report. To my mind, there has been a serious loss of trust amongst Councillor Keane's constituents and Councillor Keane will need to consider whether it is her best course of action to stay in office. In addition, council should determine whether a public inquiry is appropriate to determine all of the events which precipitated Councillor Keane's alleged efforts and actions. Trust is one of the hardest things to earn but is one of the easiest things to lose. Respectfully submitted, Karen Sanderson 54 Raikes Street, Shanty Bay, ON 1-01-21-0 Page 59 of 348 2.b) Agenda Comments Received. From: suzanne robillard<suerobillard@hotmail.com> Sent: May 25, 2021 12:28 PM To: . Council <Council@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca>; Aubichon, Yvonne<yaubichon@oro-medonte.ca>; Dunn, Robin <rdunn@oro-medonte.ca> Subject: May 26, 2021 COUNCIL Meeting Agenda Item 15 a) - Integrity Commissioner's report re Kathy Keane To Mayor Hughes and All Members of Oro-Medonte Council: I am a resident of Ward 3. My Councillor is Kathy Keane. Through multiple sources, I have learned that the Integrity Commissioner has found my councillor guilty of violating the Township's own Code of Conduct. I am appalled that my councillor has conducted herself in the manner described in the report and that she apparently finds such behaviour to be completely acceptable and justified. I am equally dismayed and upset that Mayor Hughes was actively involved in this matter. I have lost all trust in Councillor Keane's ability to represent me. Once it is gone, trust is very hard to restore. I request the following steps be immediately taken by Council: 1. Severely reprimand or censure Councillor Keane for her actions as described in the Integrity Commissioner's report dated May 14, 2021, or demand her immediate resignation from Council and from all other Township-related positions. 2. Provide assurance that no taxpayers' money has been spent on Councillor Keane's defence, or that all such funds have been reimbursed to the Township. 3. That the Mayor recuse himself from all deliberations and all voting in respect of this matter, in view of his active participation in this affair. Kindly ensure that this email is posted to the public record on Council's agenda in regard to Item 15(a)_ Thank you for your time. Suzanne Robillard Page 60 of 348 2.b) Agenda Comments Received. From: Peter Lamprey<petelamprey@gmail.com> Sent: May 25, 2021 12:29 PM To: . Council <Council@oro-medonte.ca>; Agenda comment<Agendacomment@oro-medonte.ca>; Dunn, Robin <rdunn@oro-medonte.ca>; Aubichon,Yvonne<yaubichon@oro-medonte.ca> Subject: May 26, 2021 COUNCIL Meeting Agenda Item 15 a) - Integrity Commissioner's report re Kathy Keane To Mayor Hughes and All Members of Oro-Medonte Council: I am a resident of Ward 3. My Councillor is Kathy Keane. I have obtained, via various sources, a copy of the Integrity Commissioner's Report dated May 14, 2021 on the recent actions of my councillor which violated the Township's own Code of Conduct. Councillor Keanes can no longer effectively represent me at Council. I am horrified that she has behaved as the report found and that she considers such activities to be both reasonable and justified. I am also dismayed that Mayor Hughes participated in support of Ms. Keane. His clear support of her behaviour illustrates that he is in a conflict of interest in this matter. The following steps must be immediately taken by Council: 1. Council must reprimand Councillor Keane for her actions, or demand her immediate resignation from Council and from all other Township-related positions, or both. There must be repercussions for her actions. 2. Council must give assurance that either no taxpayers' money has been spent on her defence, or that she has repaid every dime to the Township. 3. The Mayor must recuse himself from all discussions, deliberations and any vote in respect of this matter, in view of his active participation in this affair. Kindly ensure that this email is posted to the public record on Council's agenda in regard to Item 15(a)_ Thank you very much. Peter Lamprey Page 61 of 348 2.b) Agenda Comments Received. From: Joy Levison <levisonlaw@on.aibn.com> Sent: May 25, 2021 12:45 PM To: . Council <Council@oro-medonte.ca>; Agenda comment <Agendacomment@oro- medonte.ca> Subject: Principles Integrity Report agenda item15(a) council meeting May 26th, 2021 To whom it may concern: It is with great sadness that I make this submission to Council. I have not been politically active either on a partisan basis, or on issues during my adulthood. I have always admired those who take on public service, and the inevitable loss of family time, and privacy. We as voters place our trust in elected officials and are entitled to expect that they conduct themselves in such a way as to be worthy of that trust. To secure this end and to elevate the level of public trust in our elected officials by an ever sceptical public , The Township of Oro by POL-ADM-24 on December 9, 2020 by Motion C20109-8 adopted the Oro-Medonte Code of Conduct for Members of Council. The introduction to this policy states as follows : "Customer First!; Courageous and Responsible Decision- making: Creativity and Innovation; HONESTY; , FAIRNESS and RESPECT; OPENESS, and Engagement. The guiding principles as stated in in section C require councillors to be conscientious and diligent, act with INTEGRETY, IMPARTIALITY,AND TRANSPARENCY . They are also charged to arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny. The facts as found in the Integrity Commissioners report revealed that Ms. Keane fell far short of these expectations. She failed to ensure that information sent to her by the Mayor (presumably Township business, and thus shared with all councillors) on the Township e-mail was kept confidential. She shared this information to a home e-mail which was accessible to other members of her household ostensibly 'for printing. One must query why she would need to print anything regarding a private meeting to which she was not invited and at which neither she nor her husband were eligible to attend or to vote. It was found that her husband attended AND VOTED, at such meeting. This breach of confidentiality is entirely unacceptable. The aggressive and threatening tone of the letter sent to HVPOA executive was certainly in tone and content beneath the dignity of an elected official, and most certainly breached the duty of impartiality required by the Code. Clearly there was a position taken that it is Oro-Medonte against HVPOA by her extensive review of the history of this issue, much of which pre-dated Ms. Keane's election. Her Threat of taking the matter to council amounted to an abuse of office. Ms. Keane's responses to the enquiries of the Commission were evasive, and misleading at best, and outright untruthful at worst, which amounted to an obstruction of the enquiry and certainly lacked the quality of Honesty and Openness as required in the Code of Conduct. Page 62 of 348 2.b) Agenda Comments Received. The concluding remarks of the Report underscored that Ms. Keane either failed to acknowledge, or failed to understand that her conduct throughout was inappropriate, and lacked the integrity expected of an elected official. The recommendation of the Commissioner of a reprimand seems highly inappropriate under the circumstances. The punishment must fit the crime. Ms. Keane's conduct was egregious and has the potential to erode public confidence, not only in her conduct, but the conduct of the entire council. One must question if her actions are a result of the CULTURE within Council, which lead a relatively new and inexperienced member to believe her conduct was proper or acceptable. NOW is the opportunity for Council to take decisive and positive action to demonstrate to Ms. Keane specifically and to any other Council member who may share Ms. Keane's sense of entitlement, that such conduct will not be tolerated. More importantly, a suitable penalty of suspension from all council and committee work for an extended period of time, of 6 months or longer should council see fit to do so, would confirm the commitment of Council to the Principles of the Code of Conduct, and thus go a long way to confirm public faith and respect for our elected officials. All of which is Respectfully submitted this 25 day of May, 2021 K. Joy Levison 817 Line 2 South, Oro-Medonte, Ontario LOL 21-0 ( Ward 3) THE INFORMATION IN THIS EMAIL IS CONFIDENTIAL AND MAY BE LEGALLY PRIVILEGED. IT IS INTENDED SOLELY FOR THE ADDRESSEE AND ACCESS BY ANYONE ELSE IS UNAUTHORIZED. Page 63 of 348 2.b) Agenda Comments Received. From: Irena Lawrenson<lawrensons@sympatico.ca> Sent: May 25, 2021 12:52 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Cc: . Council <Council@oro-medonte.ca> Subject: Lack of integrity by Councillor Keane Having read the Integrity Commissioner's report into Councilor Cathy Keane, I was alarmed by her deviousness in respect to the AGM, applaed by threatening actions towards the HVPOA that followed, and shocked by her obstinate behaviour before the Integrity Commissioner "it was the first time we have felt it necessary to administer an oath in the course of an investigation" p.9). Although the Integrity Commissioner merely recommended a formal reprimand, I have lost all confidence in Councilor Keane executing her job in adherence to the township's Code of Conduct. Councilor Keane must be asked to resign immediately and if she refuses, she must be fired. In addition, Councilor Keane, having been found guilty, must be made to pay her own legal fees. It is incomprehensible that our tax dollars be used to defend such unethical behaviour. Lastly, I fully support an independent Judicial Inquiry into this egregious matter as it also implicates Mayor Harry Hughes. Iy'ena Irena Lawrenson 2562 Bidwell Rd. Oro-Medone, ON LOL 21-0 Page 64 of 348 2.b) Agenda Comments Received. From: Rhonda <somerledgb@hotmail.com> Sent: May 25, 2021 1:03 PM To: Agenda comment <Agendacomment@oro-medonte.ca>; . Council <Council@oro- medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca> Subject: Cathy Keane I am writing in respect to the recent Integrity Commissioner's report with regard to Cathy Keane. I find her behaviour reprehensible and believe that she has no right to be a member of council representing people in our township. She should be required to resign from council immediately. Please post this email to the agenda for the council meeting tomorrow. Sincerely Rhonda Hutcheson 792 15/16 Sideroad E Oro Medonte L0L1T0 Page 65 of 348 2.b) Agenda Comments Received. From: Sandy Agnew <sagnew@ecomedic.ca> Sent: May 25, 2021 1.17 PM To: Agenda comment <Agendacomment@oro-medonte.ca>; . Council <Council@oro- medonte.ca> Subject: Principles Integrity Final Report and Recommendations, Item 15 (a) To: Oro-Medonte Council In light of the extraordinarily damning report by the Integrity Commissioner, Principles Integrity, against Councillor Cathy Keane, I fail to see how council can do anything but ask her to resign. As well, Councillor Keane's husband has grossly interfered in Council business. This is an additional reason for her to resign. Mayor Harry Hughes is also complicit in her actions by forwarding confidential HVPOA business to Councillor Keane. He deserves to be reprimanded at least, and in my view should resign also. Sandy Agnew, 1305 Scarlett Line, Oro-Medonte Page 66 of 348 2.b) Agenda Comments Received. From: Neal Claassen <neal.claassen@gmail.com> Sent: May 25, 2021 1:33 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: RE: Integrity Commissioner's Report on Conduct of Ward 3 Councillor, Cathy Keane. Agenda item 15 for Council meeting Wednesday May 26, 2021. Please see attached my letter that I wish to be part of the record at tomorrow's meeting. Thank you. Neal Claassen May 25, 2021 To the Oro-Medonte Town Council. RE: Integrity Commissioner's Report on Conduct of Ward 3 Councillor, Cathy Keane. Agenda item 15 for Council meeting Wednesday May 26, 2021. My name is Neal Claassen and I reside at 32 Trillium Trail. I have lived here for 7 years, and this is the first time I have written to council. I have read the Integrity Commissioner's Report on Conduct of Ward 3 Councillor, Cathy Keane, and all the responses to it, including the response by her lawyer to the initial draft. I am sensitive to the fact that it is difficult to be put into the position to discipline one of your fellow councillors, but this is clearly a matter of great importance. Since I have moved here, I have seen very few issues that have mobilized the community as much as this one. The fact that Councillor Keane has not been acting within the scope of the council's own code of conduct is made clear in the findings of the report. The fact that Councillor Keane has made zero effort to take any accountability for her actions is even worse, and from my personal experience is a repeated pattern of behaviour, a pattern that is sure to continue unless council is willing to take action. It is important to note that the legal reply to the preliminary findings (and that are submitted into the record of this meeting) had almost no effect to the final findings of the integrity commissioner. If council is not willing to respect the report of the integrity commissioner, it will send a very clear message to the electorate that council condones and encourages this kind of behaviour and lack of accountability. I presume that by the sheer amount of correspondence you receive on this issue that the actions of council will be scrutinized very closely. Your electorate will pay attention to which councillors will find this a serious matter, and which councillors feel that deplorable behaviour is to be encouraged. I hope that council will not let us down. Yours sincerely, Neal Claassen. Page 67 of 348 2.b) Agenda Comments Received. From: Shawn R<shawnr672000@gmail.com> Sent: May 25, 2021 1:51 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Principles Integrity Commissioners Report Dear Mayor and Members of Council; My name is Shawn Rajabzadeh and I am a resident in Ward 3. 1 am deeply disturbed by Cathy Keane's conduct as described in the commissioners report. Especially her dishonesty and deceit. I request her immediate resignation and removal from the Council. Yours sincerely; Shawn Rajabzadeh Page 68 of 348 2.b) Agenda Comments Received. From: HVPOA Contact<hvpoacontact@gmail.com> Sent: May 24, 2021 6:20 PM To: Agenda comment<Agendacomment@oro-medonte.ca> Cc:Aubichon,Yvonne <yaubichon@oro-medonte.ca> Subject: Comments Re: Agenda 15a) May 26 Council Meeting Mayor Hughes and Councillors, Please find attached a correspondence for the public record regarding agenda item 15 a) on the Council Meeting agenda for Wednesday, May 26. Thank you, HVPOA Board of Directors HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION Helping to make Horseshoe Valley an even better place to live A "ML May 24, 2021 Mayor Harry Hughes and All Members of Council Township of Oro-Medonte 148 Ln7S South Oro ON LOL 2X0 Via e-mail: Agendacomment@oro-medonte.ca Dear Mayor Hughes and Members of Council: We, the HVPOA Board of Directors, have received and reviewed the Integrity Commissioner's report into their investigation of our complaints against the actions of Councillor Cathy Keane. We are satisfied with the results of the investigation which support our opinion that her actions were contrary to the Code of Conduct for Councillors in the Township of Oro-Medonte. Page 69 of 348 2.b) Agenda Comments Received. We were, however, shocked to read about Councillor Keane's attempts to mislead and obfuscate the investigation, which necessitated unprecedented action by the Integrity Commissioner and protracted the process. What added cost does the municipality (the taxpayers) have to bear because of this investigation, and how much of that would have been unnecessary if she had only been forthcoming in the confidential investigation in the first place? Finally, we are particularly concerned about the Commissioner's concluding remark at paragraph 110: "Throughout our investigation, up to and including submissions by legal counsel, there has been an absence of acknowledgment by the Councillor that her viewing of the AGMvideo was inappropriate, or that her February 8 letter to the HVPOA was aggressive, erroneous in its accusations and out of line." /2 Page 70 of 348 2.b) Agenda Comments Received. -2- The letter of April 301"from her Counsel which is attached to the May 261" Council agenda, wasinitially submitted to the Integrity Commissioner as part of the investigation and the argumentsit lays out have been addressed in their final report. Her continued reliance on those same arguments demonstrates that she still does not appreciate how inappropriate and egregious her actions have been. We respectfully submit that the reprimand as recommended by the Integrity Commissioner isnot a sufficient sanction. We therefore hope Council will make an impactful decision in this matter by imposing the strongest possible sanction(s) permitted under the Municipal Act, as well as any other conditions you may deem appropriate. Thank you for your consideration of our request. Linda Myles, President Sonia Faryna, Vice-President Lori Hutcheson, Secretary Richard Quinney, Treasurer Mike Vanderlee, Communications Director Nanci Brown, Membership Director A- M Jack Lynch, Business/Marketing Director Marla Hammond, Director Linda Delottinville, Director Todd Vanzuilekom, Director Susan Carmichael, Director Page 71 of 348 2.b) Agenda Comments Received. From:Jerry Young<jerryyoung14@gmail.com> Sent: May 25, 2021 1:58 PM To:Aubichon, Yvonne <yaubichon@oro-medonte.ca> Subject: COMPLAINT AGAINST COUNCILLOR KEANE Good afternoon, The following pertains to agenda item # 15 (a) for the Council meeting tomorrow. I am sending this note to register my concerns on this matter. I am a resident of Ward 3. This is the most vivid, but just one example of Councillor Keane's interactions with the community. Despite her assertions to the contrary, she fails consistently to act in accordance with the Codes of Conduct. She was a strident proponent of these guidelines, but curiously fails to abide by them. Thus,a reprimand in this instance per se is more than warranted. The facts as portrayed in the Commissioner's report are explicitly that -:facts. What remains are the actions which must be undertaken as a consequence. Nothing less than unseating Ms. Keane from Council is adequate. Any other members of Council who are implicated in this matter should also be censured. Vacated seats resulting should be filled via a by- election. Sincerely, Jerry Young Page 72 of 348 2.b) Agenda Comments Received. From: Bernard Pope <bernard@ontariofarm land preservation.org> Sent: May 25, 2021 2.10 PM To: Agenda comment <Agendacomment@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca>; Teeter, Janette <jteeter@oro-medonte.ca>; 'Jeffrey Abrams' <intake@principlesintegrity.org>; Dunn, Robin <rdunn@oro-medonte.ca>; Veitch, Ian <ian.veitch@oro-medonte.ca>; DeSousa, Tammy <tammy.desousa@oro- medonte.ca>; Keane, Cathy <cathy.keane@oro-medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; Greenlaw, Randy <randy.greenlaw@oro- medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Hughes, Harry <harry.hughes@oro-medonte.ca>; 'Harry Hughes' <hhughes9@sympatico.ca> Subject: FW: Cathy Keane and Council Sanctions Request Attention Mayor and Council; have been advised by the Clerk that there was a mistake in the salutation in my message of last evening, so I have changed it to suit her direction. From: Bernard Pope <bernard(a)ontariofarm land preservation.org> Sent: May 24, 2021 8.34 PM To: 'Agendacomment' <agendacomment(a)oro-medonte.ca>; 'Yvonne Aubichon' <yaubichon(a)oro-medonte.ca>; 'Teeter Janette' 'Jeffrey Abrams' <intake(a-)principlesintegrity.orq> Cc: 'Dunn Robin' <rdunn(a)oro-medonte.ca>; 'Ian Veitch' <ian.veitch(a)oro-medonte.ca>; 'Tammy DeSousa' <tammy.desousa(a-)oro-medonte.ca>; 'Cathy Keane' <cathy.keane(a)oro-medonte.ca>; 'Shawn Scott' <shawn.scott(a-)-oro-medonte.ca>; 'Randy Greenlaw' <randy.green law(a)oro-medonte.ca>; 'Hough Ralph' <ralph.hough(a)oro-medonte.ca>; 'Mayor Hughes' <harry.hughes(a)-oro-medonte.ca>; 'Harry Hughes' <hhughes9(a)sympatico.ca> Subject: RE: Cathy Keane and Council Sanctions Request Attention, Mayor and Council, Please post this e-mail as appropriate for the next Council meeting, Wednesday May 26, 2021 , and for public viewing. Page 73 of 348 2.b) Agenda Comments Received. Topic: Behavior of various Council Members, and their responsibility to the constituents of the Township of Oro-Medonte. For too long, the voters of Oro-Medonte have had to endure questionable and possibly illegal activities on the part of certain Members of Council, in which a reasonable person would see major conflict between these Members and the voters. The voters, for whatever reason, believed in the Members elected. Would reasonable observer not expect that those elected would serve constituents as promised, during the election campaign? Would a reasonable constituent condone the lack of positive governance, as we have seen since this Council was elected? Would the reasonable taxpayer condone the legal costs that have been incurred by this Council? Would any reasonable person condone the activities of Councillor Keane, as highlighted in a recent Integrity Commission report? Would all reasonable voters expect that the "BUCK STOPS AT THE MAYOR? There may not be a 100% turnout at an election and there may few many who choose not to present comments, but I vote, I am concerned about the state of affairs in this Council and I feel that my taxes are being spent inappropriately, and as such, am being cheated. Perhaps I speak for many. Do I? want a Council who listens to suggestions of Constituents, is fair, responsible with my money and has integrity. Therefore, I demand that, since the "BUCK STOPS AT THE MAYOR", that Mayor Hughes resign, admitting failure in good governance. further demand that Councillor Keane join Mayor Hughes in blissful resignation and vow never to serve on any committee, in any community, ever. Lastly, I demand a full investigation into the activities of this Council, by Provincial authorities, and that all legal costs, incurred by those councillors Page 74 of 348 2.b) Agenda Comments Received. and paid for from the purse of Oro-Medonte, be back charged for those costs. The Constituents of Oro-Medonte did not elect a Council to have free rein in court and with multiple legal opinions. expect that Councillors with principles to speak up in support of this plea, however, I realistically expect that those who would be bullied, or coerced, will follow past patterns, that they themselves have followed and allowed. For once let's see positivity in this Council, do the right thing for Oro- Medonte, and start to produce admirable work. The Residents of this Township deserve no less. Regards, Bernard Pope Page 75 of 348 2.b) Agenda Comments Received. From: Larry Herr<larryherrl@gmail.com> Sent: May 25, 2021 2:35 PM To: Agenda comment<Agendacomment@oro-medonte.ca>; Hughes, Harry<harry.hughes@oro- medonte.ca>; . Council <Council@oro-medonte.ca>;Aubichon, Yvonne<yaubichon@oro-medonte.ca> Subject: Councillor Cathy Keane Mayor Hughes, other members of Oro-Medonte Council, and Clerk Aubichon, I am writing to express my shock and outrage at Councillor Cathy Keane's unauthorized attempt to participate and vote in the 2021 virtual Annual General Meeting of the Horseshoe Valley Property Owners' Association (HVPOA), and her efforts to obfuscate and mislead the ensuing Principles Integrity Commissioner's investigation of her behaviour. Based on the damning content of the Commissioner's Final Report, Ms. Keane has shown by her actions that she cannot be trusted to represent her constituents in a wise, fair, honest, judicious and open manner, and with integrity. Rather than admit her wrongdoing to the Commissioner, and express remorse, she went on the offensive, hired or was provided with a lawyer, and attempted to defend her indefensible action. She threatened the HPVOA, a community based organization in which she is not a member. To make matters even worse, she involved her husband, and may also have had an accomplice, an unknown person, known only by the first name "Harry". Ms. Keane's callous disregard of the Township's Code of Conduct is extremely troubling, given that she was such an outspoken supporter of the Township's recent Code of Conduct for the Public. Is Ms. Keane fit for public office? With less than 17 months remaining in her term before the next Ontario municipal elections, set for October 24, 2022, there is insufficient time for Ms. Keane to regain the trust and confidence of her constituents, which she has so foolishly squandered and must have in order to perform her duties as an elected official in Oro-Medonte. I am a volunteer member of the Township vetted Focus Group/Task Force, tasked with investigating, understanding and making recommendations to the Township with regard to its Zone 1 Water Integration Plan. I am very concerned that Ms. Keane cannot be trusted to read and act appropriately on the information our group has provided to Council. The Focus Group/Task Force has discovered a mountain of evidence in public records going back to the 1960s, evidence which proves beyond any doubt that the Zone 1 portion of the water system in Horseshoe Valley is now, and always has been, part of a municipal water system. In my humble opinion, it is the ongoing water dispute between the Township and the 454 households in Zone 1, that is at the heart of Ms. Keane's animosity toward the HVPOA. Page 76 of 348 2.b) Agenda Comments Received. Having lost the trust and confidence of her constituents, Ms. Keane should either resign immediately, or be removed from office immediately. Please enter this email with agenda item 15 (a) in the official record of the Council meeting of Wednesday, May 26, 2021, and provide me with email confirmation that this email has been entered as requested. Thank you. Larry Herr Zone 1 Focus Group/Task Force member 11 Cathedral Pines Road, R.R. #1 Barrie, ON L4M 4Y8 Page 77 of 348 2.b) Agenda Comments Received. From: brisl@aol.com <brisl@aol.com> Sent: May 25, 2021 2:36 PM To:Agenda comment<Agendacomment@oro-medonte.ca> Subject: Meeting of May 26 Re Integrity Commissioner Report Having followed the situation and read the Report and the lawyer report, my feeling is that this type of behaviour does nothing to instill confidence in the Council. I trust all appropriate actions will be taken. Since the Integrity Commission Report takes the lawyer report into consideration, I don't see why it needs to be part of the Agenda. Lois Brisbois Copeland House Owner Ward 1 Focus Group Member HVPOA Member Page 78 of 348 2.b) Agenda Comments Received. From: Ron <rmcclean@sympatico.ca> Sent: May 25, 2021 2:49 PM To: . Council <Council@oro-medonte.ca>; agendacouncil@oro-medonte.ca; Aubichon, Yvonne <yaubichon@oro-medonte.ca>; Dunn, Robin <rdunn@oro-medonte.ca> Cc: woraratepayers@gmail.com; Mary Jane Sarjeant <mjsarjeant@sympatico.ca> Subject: Request for Sanctions Against Ward 3 Councillor Cathy Keane Dear Mayor Hughes and Members of Council: We have read the findings of the Integrity Commissioner's Report. As residents of Oro-Medonte, we are dismayed at Councillor Keane's conduct and are requesting the following action be taken: 1. O-M Council ask for Cathy Keane's immediate resignation, 2. O-M Council impose a monetary fine on Councillor Keane, 3. O-M Council further investigate the involvement of any other member of Council or staff in the report and take any further appropriate steps as necessary. We ask that this email be posted to the public record on the agenda under item 15 a) for the council meeting on Wednesday, May 26, 2021. Thank you for your consideration of this matter. Sincerely, Ron McClean and Mary Jane Sarjeant Page 79 of 348 2.b) Agenda Comments Received. From: Judy Smith <jasmith57@icloud.com> Sent: May 25, 2021 2.49 PM To: Agenda comment <Agendacomment@oro-medonte.ca>; Judy Kurtz <judy.kurtz@sympatico.ca>; Edna Caldwell <ednacaldwell@rogers.com>; VALERIE GILLESPIE <bvgillespie@rogers.com>; Janis Hamilton <jan.ham ilton@sympatico.ca>; Joan Ellis <jd@ellisfarm.ca>; Ron and Betty Nelsons <ronandbetty@rogers.com>; Lorie Gunn <lorielgunn@gmail.com> Subject: Codes of conduct for members of councils Mayor and council members of Oro-Medonte Township It has come to my attention do that the Integrity Commission filed a formal complaint after completing an investigating stating that Councillor Keane contravened Township code of conduct obstructing this investigation, obstructed their investigation made attempts to mislead and obfuscate throughout the investigation She did not acknowledge that her actions were inappropriate and her letter aggressive and threatening in an attempt to exert improper influence of her office This issue is on the agenda May 26 to be discussed I do hope honesty will prevail We live st 53 Bay St Shanty Bay Page 80 of 348 2.b) Agenda Comments Received. From: Bev Rodrigues<bevrodrigues@rogers.com> Sent: May 25, 2021 2:52 PM To: Aubichon, Yvonne <yaubichon@oro-medonte.ca> Subject: Breach of Code of Conduct -for the Council Meeting Wednesday, May 26, 2021 Dear Clerk: I am very disappointed to read about the events leading up to the Principles Integrity report of May 14, 2021. My only comment is directed to all the council as a reminder of basic privacy principals ... If it's not addressed to you, it's not for you. Irrespective of the circumstances ultimately resulting in the report, from my point of view, none of this would be an issue if only the people intended to receive the email invitation (to the AGM in February) were the only people to receive the email invitation. Hopefully, a lesson is learned here on a going forward basis. Respectfully, Mrs. B. Rodrigues 16 Basswood Circle Oro-Medonte (Shanty Bay) Page 81 of 348 2.b) Agenda Comments Received. From: Robert Young <robjyoung12@gmail.com> Sent: May 25, 2021 2.58 PM To: Aubichon, Yvonne <yaubichon@oro-medonte.ca> Subject: Councillor Keane Sent from my iPhone Hello Members of Council, In my view, having read the IC's report, Councillor Keane should resign forthwith. It should be noted that previous versions of my letter to Council were deemed "disrespectful" by the clerk. As such, this is my very abbreviated version of my letter regarding Council Keane. Respectfully submitted, Robert J. Young Submitted at 2.57 PM Page 82 of 348 2.b) Agenda Comments Received. From:Judith Banville<judith.banville@gmail.com> Sent: May 25, 2021 2:59 PM To:Agenda comment<Agendacomment@oro-medonte.ca>; . Council <Council@oro-medonte.ca> Subject: Principles Integrity Final Report and Recommendations We are appalled at the unethical and dishonest actions of Cathy Keane, who is the council representative for Ward 3, where we have lived since 2004, and the findings of the Principles Integrity Final Report and Recommendations on this issue. It is absolutely expected that councillors are expected to act with integrity, honesty and ethics, and it is clear from this report and other instances that Councillor Keane not only fails to do so, she continues to fail to understand the need for her to behave as a councilor should. We call for her resignation. If it is not freely offered, Council should demand it. The other instances that I (Judith) refer to include some of her posts and private messages to me in the 1700-member Facebook group that I administer, Oro-Medonte Life, and in personal emails. While I do not have proof, from the tone and content, she appears to share her husband's profile in this group, as she shares their personal email (an ethical and security concern since she forwards emails from her Township email account to them, whereupon her husband has access to them). I have felt harassed by her/him by private messages and complaints against other members, and was gravely concerned when she/he posted a post in the group on March 26 2021 , in which she shared personal information and a rant against a member who shared a news article about Keane's introduction of the harassment bylaw to council. I find it ironic that she feels the need to be protected from harassment by constituents but feels no qualms when they feel harassed by her. While she later removed the comment, I have a screenshot should you wish to see it. Based on this action and her recent ones, I have removed her from Oro-Medonte Life, and she/he continues to harass me with private messages about that. I emailed her asking for information about the tree cutting that occurred in March in Craighurst and not only did she appear totally disinterested in responding to my questions, she basically told me to not email her again with any questions. She is elected to represent us and respond to us. I found this very inappropriate for a councillor. Again, we call for her resignation or for Council to remove her. We deserve ethical, honest and positive responsive representation. Thank you. Judith and Edward Banville Page 83 of 348 2.b) Agenda Comments Received. From: deborah kraemer <thedeekster@hotmail.com> Sent: May 25, 2021 3.00 PM To: Agenda comment <Agendacomment@oro-medonte.ca> Subject: Councillor Keane's recent misconduct charges Mayor Hughes and Councillors, Councillor Keane's recent misconduct charges, and Mayor Hughes's involvement, mirror the lack of transparency regarding the water issues in Oro Medonte. Are other Councillors with one degree of separation even able to act in the best interest of the people they represent when they have only supported Mrs. Keane unequivocally to this point? Deborah Kraemer 51 Cathedral Pines Page 84 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . The Township of Oro-Medonte T Council Meeting Minutes Township of to Electronic Meeting Proud Heritage,Exciting Future Wednesday, May 12, 2021 9:00 a.m. 2018-2022 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch A, Councillor Tammy DeSousa (left at 12.30 p.m. during Item 11 a) Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Andria Present: Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Shannon Johnson, Chief Financial Officer/Treasurer; Michelle Jakobi, Acting Director, Environmental Services; Tamara Obee, Manager, Human Resources, Health & Safety; Karla Musso-Garcia; Manager, Operations Sherri Moore, Septic Inspector; Roz Llewellyn, Coordinator, Community Recreation; Andrew Quattrociocchi, Deputy Chief Building Official; Scott Thomson, Operations Technical Coordinator; David Yauk, GIS Technician; Jason Scharapenko, Information Technology Technician; Jenny Legget, Communications & Public Relations Officer; Vanessa Cooper, Executive Assistant, Mayor & Council and CAO; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk Shannon Stewart, Deputy Treasurer, Town of Wasaga Beach 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 Page 1 of 11 Page 85 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. 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 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. C210512-1 Moved by Keane, Seconded by Greenlaw Be it resolved that the agenda for the Council meeting of Wednesday, May 12, 2021 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None. 4. Closed Session Items: Ift a) Motion to go In Closed Session. 140216, Motion No. C210512-2 Moved by Hough, Seconded by Scott Be it resolved that we do now go in Closed Session at 9.02 a.m. to discuss • Acquisition/disposition of land - (Portion of Unopened Road Allowance extension off Colborne Street (PIN 58553- 0038 (LT)) immediately abutting 15 Baycrest Drive); - (Plan 979 Pt Lot 25 51 R-17595; Part 1 , 34 Ward Avenue). Carried. Page 2 of 11 Page 86 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. b) Motion to Rise and Report. Motion No. C210512-3 Moved by Greenlaw, Seconded by DeSousa Be it resolved that we do now Rise at 9:15 a.m. and Report on the Closed Session Items 4 c) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (Portion of Unopened Road Allowance extension off Colborne Street (PIN 58553-0038 (LT)) immediately abutting 15 Baycrest Drive); Agir d) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (Plan 979 Pt Lot 25 51 R- 17595; Part 1, 34 Ward Avenue). 4f X Carried. c) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (Portion of Unopened Road Allowance extension off Colborne Street (PIN 58553-0038 (LT)) immediately abutting 15 Baycrest Drive). &%,, The following staff were present: Robin Dunn, CAO; Yvonne Aubichon, Clerk; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Jason Scharapenko, Information Technology Technician (IT). Motion No. C210512-4 Moved by Veitch, Seconded by Hough 4�N% Be it resolved 1. That Confidential Report No. CS2021-09, Yvonne Aubichon, Clerk re: Acquisition/Disposition of Land for 34 Ward Ave. be received and adopted. 2. That the lands described as Plan 979 Pt Lot 25 51 R17595; Part 1; and municipally known as 34 Ward Avenue as outlined in map (Appendices A-1 and A-2) be retained by the Township for drainage and waterfront access purposes. 3. That the applicant be advised of Council's decision under the Clerk's signature. Carried. Page 3 of 11 Page 87 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. d) Yvonne Aubichon, Clerk re: Acquisition/disposition of land (Plan 979 Pt Lot 25 51 R- 17595, Part 1, 34 Ward Avenue). The following staff were present: Robin Dunn, CAO; Yvonne Aubichon, Clerk; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Jason Scharapenko, Information Technology Technician (IT). Motion No. C210512-5 Moved by Scott, Seconded by Keane Be it resolved 1. That Confidential Report No. CS2021-10, Yvonne Aubichon, Clerk re- Acquisition/Disposition of Land that portion of Unopened Road Allowance extension off Colborne Street (PIN 58553-0038 (LT)) and immediately abutting 15 Baycrest Drive (PIN 58553-0048 (LT)) be received and adopted. 2. That the lands described as that portion of Unopened Road Allowance extension off Colborne Street (PIN 58553-0038 (LT)) and immediately abutting 15 Baycrest Drive (PIN 58553-0048 (LT)); as outlined in map (Appendix A-1 and A-2) be retained until such time as a drainage study for this area is complete. 3. That if appropriate, following the completion of the drainage study, that this property be listed on the surplus land inventory for future consideration by the Council of the day; 4. That the applicant and abutting property owners be advised of Council's decision under the Clerk's signature. Carried. Page 4 of 11 Page 88 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. 10.Reports of Municipal Officers for Action: a) DS2021-73, Andria Leigh, Director, Development Services re: Winfull Development/ Guthrie Industrial Park— Storm Water Management (SWM) and Fire Suppression Requirements. Motion No. C210512-6 Moved by Greenlaw, Seconded by Keane Be it resolved A& 1 . That DS2021-73, Andria Leigh, Director, Development Services re: Winfull Development/Guthrie Industrial Park— Storm Water Management (SWM) and Fire Suppression Requirements be received and adopted. 2. That Tatham Engineering be authorized to proceed with the Engineering Services — Stormwater Management Review of the Guthrie Industrial Park to an upset limit of $ 9000 (excluding HST). 3. That Council supports the design and installation of a communal water for fire fighting in the Guthrie Industrial Park. 4. That the costs for the engineering services review for both the stormwater management review and communal water for firefighting design be front ended by the Township from the Economic Development Opportunities Reserve. 5. That all future development within the Guthrie Industrial Park be required to contribute their proportionate share to both the stormwater and communal water for firefighting costs and that funds recouped by the Township be placed back in the Economic Development Opportunities reserve. 6. That staff report back to Council with the design and cost estimates for completion of the comprehensive stormwater management works and communal water for firefighting. Carried. NS Page 5 of 11 Page 89 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. 5. Minutes of Council and Committees: a) Minutes of Joint Accessibility Advisory Committee meetings held on Thursday, January 14 and Thursday, April 15, 2021. b) Minutes of Council meeting held on Wednesday, April 28, 2021. Motion No. C210512-7 Moved by DeSousa, Seconded by Veitch Be it resolved that the minutes of the a) Joint Accessibility Advisory Committee meetings held on Thursday, January 14 and Thursday, April 15, 2021 be received; and that the draft minutes of the b) Council meeting held on Wednesday, April 28, 2021 be received and adopted as printed and circulated. Carried. 6. Recognition of Achievements: None. 7. Public Meetings: None. 9. Open Forum: None. Page 6 of 11 Page 90 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. 10.Reports of Municipal Officers for Action: b) DS2021-75, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Canine Control By-law Exemption Request, 3277 Line 8 North. Motion No. C210512-8 Moved by Hough, Seconded by Scott Be it resolved 1. That DS2021-75, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Canine Control By-law Exemption Request, 3277 Line 8 North be received and adopted. 2. That Council grant the request from Danuta Enright for an exemption to the Canine Control By-law. 3. That staff proceed with Option #1 as outlined in DS2021-75. 4. And that the applicant be advised of Council's decision under the Manager, Municipal Law Enforcement Services' signature. "WW Carried. Item 11 b) was addressed at this time. Refer to Motion No. C210512-12 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, February 25, 2021. Staff Recommendation: Receive for Information Only. c) Minutes of Nottawasaga Valley Conservation Authority meeting held on Friday, March 26, 2021 and Highlights of April, 2021 meeting. Staff Recommendation: Receive for Information Only. d) Minutes of Lake Simcoe Region Conservation Authority Regular and Special meetings held on March 26, 2021. Staff Recommendation: Receive for Information Only. e) Correspondence dated April 27, 2021 from Town of Fort Erie re: Province Investigating and Updating Source Water Protection Legislation. Staff Recommendation: Receive for Information Only. f) County of Simcoe, Notice of Statutory Special Meeting of Council (Virtual), Municipal Comprehensive Review (MCR), Tuesday, June 8, 2021, 10.00 a.m. Staff Recommendation: Receive for Information Only. Page 7 of 11 Page 91 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. Motion No. C210512-9 Moved by DeSousa, Seconded by Veitch 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. A& b) Minutes of Barrie Public Library Board meeting held on Thursday, February 25, 2021. Received for Information Only. I]k wor lq� c) Minutes of Nottawasaga Valley Conservation Authority meeting held on Friday, March 26, 2021 and Highlights of April, 2021 meeting. Received for Information Only. d) Minutes of Lake Simcoe Region Conservation Authority Regular and Special meetings held on March 26, 2021. Received for Information Only. e) Correspondence dated April 27, 2021 from Town of Fort Erie re: Province Investigating and Updating Source Water Protection Legislation. Received for Information Only. f) County of Simcoe, Notice of Statutory Special Meeting of Council (Virtual), Municipal Comprehensive Review (MCR), Tuesday, June 8, 2021 , 10:00 a.m. Received for Information Only. 1kCarried. 12.Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following members of Council provides updates: Mayor H.S. Hughes, Deputy Mayor Hough, Councillors Veitch and Scott. 13.Announcements: None. Page 8 of 11 Page 92 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. 15.Communications/Petitions: a) Correspondence dated May 6, 2021 from Rob McCullough, Director, Solid Waste Management, County of Simcoe re: Request for Waiver of Conditional Permit Security, Oro Waste Management Facility, 610 Old Barrie Road West. Motion No. C210512-10 Moved by Greenlaw, Seconded by Hough Be it resolved A& 1. That the correspondence dated May 6, 2021 from Rob McCullough, Director, Solid Waste Management, County of Simcoe re: Request for Waiver of Conditional Permit Security, Oro Waste Management Facility, 610 Old Barrie Road West be received. 2. That the Township support the County of Simcoe's request to waive the Conditional Permit Security for the proposed Temporary Transfer Station at the Oro Waste Management Facility located at 610 Old Barrie Road West. 3. That the County of Simcoe be advised of Council's decision under the Director, Development Services' signature. Carried. 8. Deputations/Presentations: SN a) Presentation by Interim Detachment Commander, Jason Nickle, Inspector, Orillia Ontario Provincial Police (OPP) re: First (1st) Quarter Statistics (January-March, 2021). Motion No. C210512-11 4wk %16, Moved by Scott, Seconded by DeSousa Be it resolved that the correspondence presented by Interim Detachment Commander, Jason Nickle, Inspector, Orillia Ontario Provincial Police (OPP) re: First (1st) Quarter Statistics (January-March, 2021) be received. NW Carried. Page 9 of 11 Page 93 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. 11.Reports of Municipal Officers for Information Only: a) Robin Dunn, CAO, Lean Six Sigma Facilitators and Senior Management Team re: Continuous Improvement (CI) - 2020. b) Robin Dunn, CAO re: Update on COVID-19 Actions. Motion No. C210512-12 Moved by Veitch, Seconded by Greenlaw Be it resolved that the reports, as listed under Item #11, Reports of Municipal Officers for Information Only, be received: A16'w 1% a) Robin Dunn, CAO, Lean Six Sigma Facilitators and Senior Management Team re: Continuous Improvement (CI) - 2020; b) Robin Dunn, CAO re: Update on COVID-19 Actions." Carried. 16.Notice of Motions: None. 17.By-Laws: None. 18. Closed Session Items (Unfinished Items): None. Page 10 of 11 Page 94 of 348 5.a) Minutes of Council meeting held on Wednesday, May 12, 2021 . Council Meeting Minutes — Wednesday, May 12, 2021. 19.Confirmation By-Law: a) 2021-058: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, May 12, 2021 . Motion No. C210512-13 Moved by Keane, Seconded by Scott Be it resolved that By-Law No. 2021-058: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, May 12, 2021 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 20.Adjournment: a) Motion to Adjourn. Motion No. C210512-14 Moved by Scott, Seconded by Hough Be it resolved that we do now adjourn at 12.50 p.'" . Carried. Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 11 of 11 Page 95 of 348 . ce from Canaclian institute ot Access and Privacy Profe. © � o o {� W � 'S �.. .0 v � o� �. -- \\. . A y�� U v �Lj U CQ o� " z P 6-4 V 8.a) 9,30 a.m. Deputation by Sarah Huter, Assistant General Manager, Mou... From: noreply@oro-medonte.ca <noreply@oro-medonte.ca> Sent: May 13, 2021 10.00 AM To: Deputations <Deputations@oro-medonte.ca> Subject: Public Participation Registration Form This is a Request to Participate in the Council Meeting of 26/05/2021 Username: B959C5F2-1 DB5-4352-8F8A-F937E8A6E963 Numeric Response ID: 518844 Response GUID: 719A7D8E-963F-453A-9E2D-F374A8408C7D Survey Start Date: Thursday, 13 May 2021 09.50.17 Survey Completed Date: Thursday, 13 May 2021 09.59.49 1 understand the information above First Name: Sarah Last Name: Huter Email Address: s.huter(a-)mountstlouis.com Telephone Number: 705 835 2112 Address: 24 Mt St Louis Rd Coldwater, ON LOK1 EO I am requesting electronic participation at the Council Meeting Date of Meeting: 26/05/2021 Regarding the agenda item: Resolution to Support Ski Resorts with Recreational Amenity Designation Page 97 of 348 8.a) 9,30 a.m. Deputation by Sarah Huter, Assistant General Manager, Mou... This will be on behalf of: Myself I will be connecting to the meeting by: If connecting by telephone, attendee must call from same phone number as registered on form. Please note: Depending on volume of speakers, telephone number may be visible to public; however, every effort will be made to change prior to being promoted to panelist. No blocked telephone numbers will be permitted. Computer I will be providing a: PowerPoint Presentation Have you presented a deputation/presentation previously on this matter? Yes Subject of Deputation/Presentation: Please describe below, the subject matter of the requested deputation/presentation in sufficient detail, to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. General Managers from Mount St Louis Moonstone, Horseshoe Valley and Hardwood Ski & Bike will present economic information on the previous 2020/21 ski season and how removal of recreation amenity designation from Alpine resorts negatively and dramatically affected ski areas in the township. Please identify the type of action you are seeking of Council/Committee on this issue. To Request Action Please describe what action you would like taken A resolution to support Ski Areas and pressure the provincial government to ensure that this coming ski season, area resorts can operate. If you are requesting action, have you been in contact with a staff member to seek a resolution with regard to this matter? Yes Page 98 of 348 8.a) 9,30 a.m. Deputation by Sarah Huter, Assistant General Manager, Mou... Who were you in contact with? Mayor Hughes Reason why this presentation is important to Council and to the municipality: Oro Medonte is home to 2 of the province's most premier alpine ski areas. Including our nordic counterparts at Hardwood and Horseshoe winter alpine and nordic resorts represent close to 2,000 jobs and valuable employment to residents along with extensive ancillary revenue to multiple business in this township. Ensuring that they can operate safely like other ski areas in Quebec, BC and Alberta is crucial this coming season. Resorts in Oro Medonte cannot risk capital outlay against the threat of shut down for another season. Page 99 of 348 8.a) 9,30 a.m. Deputat' al Mana er, Mou... :r a) a) c qz E 0 c c V, ' !� vi O 0 5 V� O E : O O 1-0 NZO � N O O Os }� 0 4� 4� N �> QJ v 4 ' � O V E 0 r � N � O En rM4 �-i cd PLI Q) D D Z3 Q N Q) > � Q) > � > V) a) v — a) v — a) Q a O m 0 2 c _ v — = o a' E a' c c c �_ 0 0 4 0 4 0 _� m v r-I o Ln >. N �o N �n 11' >. O ca ca m t ca ® o o Page 100 of 348 N • • • r4 • • • N • • • 8.a) 9,30 a.m. Deputation-.by Sarah Huter, Assistant General Mana er, Mou... 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N l[] O tf] O T Page 102 of 348 8@�) 9.30 a.m. Deputation by Sarah Huter, Assistant General Manager, Mou... O Y W (n w x O C/) C� 00 a ca C2 d E ._ -- LS cts M E .L �--+ C3 C/) a G3 `° . C.� C C i Q O Y UFq ca C5 bz eG 3 Wj C � i CS E di .� 4.� •fir _ L LM r ry .i i C,y O H H .F.+ Ca w Op LZ p w H N7 V 4] CD G o O cT7 1= CD cn M1 ' Page 103 of 348 8.a) 9,30 a.m. Deputation by Sarah Huter, Assistant General Manager, Mou... SIMCOE MUSKOKA SKI INDUSTRY RESOLUTION — MAY 2021 WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a global pandemic; and WHEREAS, the Government of Ontario, County of Simcoe, Municipality of Muskoka, Township of Oro-Medonte, Township of Springwater, Township of Clearview and Township of Huntsville remain in declared provincewide Stay-at-Home Order in response to the COVID-19 pandemic; and WHEREAS, all levels of Government are effectively working collaboratively in response to the evolving COVID-19 situation; and WHEREAS, the Government of Ontario has developed a comprehensive Framework for Reopening our Province; and WHEREAS, many low-risk outdoor activities were permitted to open in the Provincial Reopening Framework; and WHEREAS, Ontario's ski industry generates approximately $420 million annually to the provincial economy and supports over 14,000 jobs and as a result of the shutdown, lost $84 million in capital outlay and over 9,400 jobs; and WHEREAS, nordic skiing, alpine skiing, snowboarding and snowshoeing provide low-risk opportunities and outlets for participation in outdoor-based activities that improve physical and mental health and overall well-being; and WHEREAS, the ski industry has developed comprehensive operating plans and established best practices through its Ski Well, Be Well program to ensure strict compliance with regulations and public health directives and reduce the risk of COVID-19 transmission; and WHEREAS, Ontario's ski resorts made significant capital and human resource investments to operate in 2020/2021; and WHEREAS, Ontario's ski resorts spend over $500,000 on average in capital outlay for snowmaking, necessary lift maintenance and grooming as well as onboarding and training employees per resort; and WHEREAS, Ontario's ski industry received recreational amenity designation in Stage 1 of the Provincial Reopening Framework and Grey Lockdown Zone and was arbitrarily and without industry consultation removed on December 21, 2020; and WHEREAS, Ontario was the only province in Canada to force the closure of its ski resorts; and Page 104 of 348 8.a) 9,30 a.m. Deputation by Sarah Huter, Assistant General Manager, Mou... WHEREAS, the 2020/2021 operation of ski resorts across North America has empirically demonstrated that the effectiveness of best practice controls in limiting the spread of COVI D-19; and WHEREAS, Ontario's snow resorts are hesitant to take any further financial risk and prepare for the 2021/2022 operating season that may be shut down as a result of further government restrictions and risk even further financial hardships; and WHEREAS, the Township of Oro-Medonte is the proud home to three of Ontario's largest ski resorts, Hardwood Ski and Bike, Horseshoe Resort and Mount St. Louis Moonstone, the Township of Springwater is the proud home to Snow Valley Ski Resort, the Township of Huntsville is the proud home to Hidden Valley Highlands Ski Area, and Township of Clearview is the proud home to Devil's Glen Country Club, which provide significant local, regional, and provincial economic benefits; and WHEREAS, MPP Downey, MPP Dunlop, MPP Wilson, MPP Miller and other local MPPs have advocated on behalf of these businesses and industry; and NOW, THEREFORE, BE IT RESOLVED that Mount St. Louis Moonstone, Snow Valley, Hidden Valley Highlands Ski Area, Hardwood Ski and Bike, Horseshoe Resort, Devil's Glen Country Club, the Council of the Townships of Oro-Medonte, Springwater, Clearview and Huntsville hereby respectfully request that the Government of Ontario provide legislated assurances for the operation of Ontario's ski resorts for the 2021/2022 ski season; and BE IT FURTHER RESOLVED that the Government of Ontario thoroughly consult with the ski industry through the Ontario Snow Resorts Association to review future legislative changes impacting Ontario's ski industry; and BE IT FURTHER RESOLVED that the Government of Ontario thoroughly consult with the ski industry through the Ontario Snow Resorts Association to review re-opening policy considerations currently impacting the industry. 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Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Council Meeting Prepared By: CS2021-15 Jennifer Whitley, Coordinator, Economic Development & Communications Meeting Date: Subject: Motion # May 26, 2021 County of Simcoe Economic Development Funding Roll #: Program 2021 R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. CS2021-15 be received and adopted; 2. That Council endorses the submission to the County of Simcoe Economic Development Funding Program 2021 for $50,000 for the completion of a Tourism Action Plan and Implementation of COVID Recovery Efforts; 3. That the Coordinator, Economic Development & Communications complete and submit the required Funding Application to the County of Simcoe; 4. And that staff report back to Council with a project update prior to the end of Quarter three (3) 2021. Background: Since 2013 the County of Simcoe has provided lower tier municipalities a variety of funding opportunities specific to Economic Development. In many cases these opportunities have been provided through an application process to implement Economic Development related activities that are tied to both the County's Economic Development strategy and individual municipal strategies. These funding opportunities have assisted the Township with the implementation of a number of projects identified in the Economic Development Strategies. The most recent project the Township of Oro-Medonte completed, utilizing the funding from the Economic Development Funding Program (EDFP), was for the Employment Land Strategy, which was completed and adopted by Council in February 2021 and will inform the ongoing Official Plan and Zoning By-law update. Department May 26, 2021 Report No. CS2021-15 Page 1 of 8 Page 125 of 348 10.a) CS2021-15, Jennifer Whitley, Coordinator, Economic Development/ Co... The 2021 Economic Development Funding Program and application was approved by County Council on March 9, 2021. In addition to the previous program guidelines, this new version of the application includes eligibility for COVID-19 business support and recovery plans and/or projects. EDFP is a one-time grant program for 2021 that is available through an application process, to the sixteen (16) lower tier municipal partners. This fund will provide up to $50,000 to each lower tier municipality as an opportunity to advance economic development projects. The projects are required to meet local objectives as well as Simcoe County economic development objectives and projects. Submissions are due by June 15, 2021, funding will be available for projects to start by mid-September 2021, with a final report due September 2022. A requirement of the application process, is to include a Council resolution supporting the application submission. The application for funding clearly identifies items that are not eligible, including: • Normal operating costs such as salaries and benefits for staff (e.g. full-time and part-time staff), office space, equipment and machinery, utilities, phone, materials, labour, board, committee and annual meetings • International travel • No infrastructure or capital projects • Projects whose sole purpose is compliance with current Requirements of Law that pertain to the current operations of a municipality (i.e. planning, building code, etc.) • New construction of buildings, structures (moveable and non-moveable) and other major infrastructure • Additions to buildings, teardowns or rebuilds • Purchase or lease of land, buildings and facilities • Community aesthetics and functionality (e.g. streetscaping, green space development, murals, street lights, paved surfaces, tree islands) • Sponsorship of conferences and events • Honorariums, membership costs • The assistance directly or indirectly of any business through the granting of bonuses for that purpose, per section 106(1) of the Ontario Municipal Act. Analysis: Oro-Medonte is beautiful municipality that is frequented by visitors but is also home to a community who is proud of the outdoor recreation amenities and 4 season opportunities available in our own "backyards". The Township is well known for its ski resorts, major events, beautiful country roads, agri-tourism opportunities, biking and hiking trails and many other outdoor recreation opportunities and complimentary tourism businesses. The Tourism Sector represents one of the Township's key economic sectors in terms of both jobs and number of businesses. The Township has long standing relationships working with local and regional tourism partners and stakeholders in support of this sector. Tourism can be defined as the activities undertaken by visitors, also known Department May 26, 2021 Report No. CS2021-15 Page 2 of 8 Page 126 of 348 10.a) CS2021-15, Jennifer Whitley, Coordinator, Economic Development/ Co... as the visitor economy. This includes activities that are directly related to the tourist, such as staying in a hotel, ordering a meal, shopping or visiting a tourist attraction. In recognition of the importance of tourism to the municipality, tourism was identified as a key area of focus for Economic Development in the Township of Oro-Medonte. Included in the Economic Development Strategy 2018-2022 is a specific goal to develop and promote Oro-Medonte as a premier four-season destination, including the following objectives and actions: Objective 1: Support and positively influence the development of new and existing four- season tourism products in the Township. • Action Areas: o Maintain and expand partnerships related to tourism marketing and product development at the local and regional levels. • Explore providing packaging support for local and regional tourism operators to increase overnight tourism visits. o Work with regional tourism partners and industry stakeholders to develop an action plan for tourism development. Objective 2: Maintain and enhance tourism/recreational infrastructure in the Township. • Action Areas: o Identify existing recreational assets and their status. o Identify user groups and clubs that have a vested interest in the Township's recreational assets. o Consult with the community and tourists about recreational needs. o Develop a plan to support and/or expand tourism/recreational assets. o Enhance local wayfinding signage and community branding. For over a year the COVID-19 pandemic has impacted the province of Ontario, including ongoing business closures and tight restrictions on travel and shopping. The tourism industry has been significantly impacted by the pandemic, according to Minister McLeod who oversees the Ministry of Heritage, Sport, Tourism and Culture, these industries were among the first and hardest hit and will likely take the longest to recover. These are sectors that depend on gatherings and movement of people. (Reconnecting Ontarians: Re-emerging as a Global Leader) Tourism is a key economic driver in the province, it provides more than 400,000 jobs and in normal times would generate over $36 billion in spending. According to TIAO (Tourism Industry Association of Ontario), the Ontario tourism sector has lost more than $18 billion in revenue alone and more than 200,000 jobs, as a direct result of the pandemic. As many of us have heard directly from tourism businesses in the Township, there has been an enormous impact directly here in Oro-Medonte including the closure of ski resorts, accommodations not being able to operate to full capacity, new measures and protocol requirements, provincial regulations, retail and restaurants having to pivot to digital and curbside pickup, construction projects put on hold and the closure of a major accommodator, Carriage Ridge and Carriage Hills Resorts. The closure of this large Department May 26, 2021 Report No. CS2021-15 Page 3 of 8 Page 127 of 348 10.a) CS2021-15, Jennifer Whitley, Coordinator, Economic Development/ Co... accommodator and the uncertainty of its future impacts the volume of visitors to the region creating increased pressure on the operators to fill gaps. Operators are working hard to provide safe opportunities and experiences to welcome guests and bring tourism back to the Township. Leadership at all levels will be required to get through this extremely tough time and rebuild the tourism economy together collaboratively. Tourism can continue to be a driver of growth and opportunity in the municipality, however, it needs to have a clear direction and actions that will provide a road map for opportunity going forward. To identify possible projects for inclusion in the Township's funding application and to determine synergies and alignment staff reviewed and considered the following: - The Township's Economic Development Strategy, - The County of Simcoe's Economic Development & Tourism COVID-19 Recovery Plan, - The County of Simcoe's 5 Year Economic Development Strategy and - The 2021 Simcoe County Economic Development Work Plan. The EDFP application clearly outlines that the municipality is not able to provide assistance directly or indirectly to any business through the granting of bonuses for that purpose, (per section 106(1) of the Ontario Municipal Act) or use the funds for operating costs such as staff or capital projects. As referenced in the County of Simcoe's Economic Development and Tourism COVID- 19 Recovery Plan in response to the initial COVID-19 closures in the spring of 2020, Business Impact Surveys were circulated to businesses to determine how to best support the local economy. In the fall of 2021, the Simcoe County Economic Development Department in collaboration with Tourism Simcoe County and the lower tier Municipalities undertook focus groups within the geographic quadrants of Simcoe County with key sectors, one of those sectors being Tourism. The participation in these focus groups provided feedback to determine what initiatives, supports and programs could be optimized to assist with recovery efforts. This Plan is meant to respond specifically to the needs of Simcoe County businesses during the uncertainty presented by the COVID-19 pandemic. The details within this Recovery Plan along with the 2021 County Work plan were carefully reviewed to find synergies and opportunities for the Municipality to support. Staff also consulted with economic development staff from neighbouring municipalities, tourism and business support organizations (RTO7, CDC, Oro-Medonte Chamber of Commerce etc.) and the Township's Economic Development Roundtable (EDR) which is comprised of a broad cross sector of business from across the municipality. Given the past year and the impact of COVID-19, significant discussion focused on the Tourism industry. It was determined that the tourism and related businesses have been one of the hardest hit by the global pandemic locally. Based on input, Township staff assembled a list of potential options for EDR review and discussion. Although a couple of key initiatives were identified as items to move forward on as soon as possible it was confirmed that there needed to be some flexibility with COVID-19 recovery funding, to provide time to solicit input and truly understand where the best value would be to Department May 26, 2021 Report No. CS2021-15 Page 4 of 8 Page 128 of 348 10.a) CS2021-15, Jennifer Whitley, Coordinator, Economic Development/ Co... provide support to businesses. There is so much uncertainty on the future, including the immediate reopening of the province, and what is to happen in the coming months and years, if there will be future waves of the virus causing further provincial or regional shut downs etc. The pandemic is changing people's behaviours in significant ways affecting our personal and social habits. The Province of Ontario is estimating that it will take 5 years for the Tourism Industry to recover from the pandemic, in December the province announced a five-year plan and the start of the Tourism Task Force. Toronto Star The following are the recommendations from staff in consultation with the Economic Development Roundtable for projects related to tourism support and the allocation of the Economic Development Funding: Simcoe County Economic Development Funding Program ($50,000 application process) Tourism Action Plan - $25,000 • A Tourism Action Plan will further the Township's Economic Development Strategy and determine key actions for the municipality to initiate to support the Tourism, Heritage, Culture & Sport Sectors; • This need was identified in the 2021 Budget process for the completion of a Tourism Strategy, based on consultations with Provincial and Regional Tourism Partners it was felt, in light of COVID-19 and related uncertainties, that an Action plan would best support the next steps for the municipality; • Information gathered through the upcoming stakeholder consultations and a roles and functions assessment initiated by Township staff will be provided to inform the development of an action plan; • Staff are recommending that, through a formal RFP process, consulting resources will be contracted to develop an action plan with strategic priorities to support tourism including investment, marketing and business support in the Township both in the short term and long term. • Time Frame: fall 2021— spring 2022 Implementation of COVID-19 Recovery Efforts - $25,000 • Staff will initiate an engagement process with local tourism stakeholders and businesses over the next three months to solicit input regarding COVID recovery needs. This information will be considered with the Township's Economic Development Strategy and the County's COVID-19 recovery plans to how best to support the Township's tourism businesses over the next 12-18 months; • The following are examples of potential projects and initiatives that could be considered as recovery efforts (but not limited to) and will be further detailed in a future report to Council Fall 2021 pending the conclusion of staff/business engagement: ■ Professional Development Opportunities Virtual webinars to support business opportunities and education ■ Destination Development (Destination development is the strategic planning and advancement of defined areas to support the evolution of desirable destinations for travellers, with a sole focus on the supply Department May 26, 2021 Report No. CS2021-15 Page 5 of 8 Page 129 of 348 10.a) CS2021-15, Jennifer Whitley, Coordinator, Economic Development/ Co... side of tourism, by providing compelling experiences, quality infrastructure, and remarkable services to entice repeat visitation. Source :Destination British Columbia Implementation of Wayfinding Signage Strategy (complete Spring 2021) Building a strong tourism business community — connecting existing tourism operators with other assets and ancillary businesses for packaging and cross promotion research into ambassador programs, and consideration for consistent messaging for a welcoming and safe community for visitors Staff support for product development and tourism experiences Opportunities to improve destination related infrastructure to enable increased visitation to recreational assets and tourism businesses ie. Trails Continue to support and participate on investment attractions opportunities and look for new opportunities specifically within the domestic tourism marketplace Partnerships and connections for packaging and itinerary development ■ Marketing & digital support Community & business promotion campaigns, supporting local businesses and tourism assets; o Content creation — source creative assets to promote the community (scenery, rural life, trails, waterways etc) and Oro- Medonte tourism businesses using local imagery (photos & videos) o Digital advertising — online marketing, social media paid advertising o Other available marketing applications — possibly billboards or print options o Creation of digital assets and applications —development of a promotional mapping tool to identify businesses, cross promotion opportunities, highlighting business clusters ie. Agri- Tourism ■ Sustainable Tourism Encouraging and protecting natural environments and resources while developing and managing tourism activities. ■ Implementation of other recommendations identified in the outcomes of the Tourism Action Plan • Staff will continue working collaboratively with all regional tourism partners on a coordinated approach to support tourism businesses. • There may be opportunities to leverage resources with other funding programs; submissions will be considered as they become available. • Timeframe: fall 2021— summer 2022. Based on preliminary conversations, staff are confident that these projects can be completed within the budgets and required timeframe as recommended. Department May 26, 2021 Report No. CS2021-15 Page 6 of 8 Page 130 of 348 10.a) CS2021-15, Jennifer Whitley, Coordinator, Economic Development/ Co... Financial / Legal Implications / Risk Management: • The County of Simcoe has a funding allocation of $50,000 per municipality in the County for economic development activities and projects. Policies/Legislation: • None Corporate Strategic Goals: • Balanced Growth Consultations: • Township Economic Development Roundtable • Director, Development Services • Orillia & Lake Country Tourism • Orillia & Area CDC • RTO7 - Bruce Grey Simcoe • Regional Advisor for Ministry of Heritage, Sport, Tourism & Culture Industries • Tourism Simcoe County • County of Simcoe Economic Development Staff • Economic Development & Tourism Staff— City of Orillia, Township of Severn Attachments: • Relative links are included in the document for further information Conclusion: Tourism is a key economic sector in the Township of Oro-Medonte, it draws visitors to the municipality, but it is also a reason for people to live, work and play in the Township. Tourism businesses represent a significant number of jobs and tax base within the municipality. This sector has been dramatically impacted by COVID-19. The recommended initiatives identified within this report will allow the Township of Oro-Medonte to continue to support our tourism related businesses and develop the Township in a competitive and sustainable manner. The Township must consider and ensure a balanced approach between Tourism Investment Opportunities and Tourism Business Support during an unprecedented time when economic recovery and resilience are required to be a key focus. Pending support by Council staff will complete and submit the application for the Simcoe County Economic Development Funding Program prior to June 15, 2021. Department May 26, 2021 Report No. CS2021-15 Page 7 of 8 Page 131 of 348 10.a) CS2021-15, Jennifer Whitley, Coordinator, Economic Development/ Co... Respectfully submitted: Jennifer Whitley Coordinator, Economic Development & Communications Approvals: Date Donna Hewitt, Director Corporate Services May 18, 2021 Robin Dunn, CAO May 19, 2021 Department May 26, 2021 Report No. CS2021-15 Page 8 of 8 Page 132 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-076 Council Andy Karaiskakis, Senior Planner Meeting Date: Subject: Motion # May 26, 2021 Telecommunication Tower— Samuel Wellington Ross (Owner) Roll #: and FB Connect (Agent) R.M.S. File #: 4346-020-002-07000 4917 Line 4 North Pre-Consultation Application 2021-PCA-02 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-076 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 FB Connect proposed installation of a telecommunication tower to be located at 4917 Line 4 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 FB Connect to be located at 4917 Line 4 North. A proposed Site Plan is attached to this report (refer to Schedule 3). The proposal from FB Connect is to erect a 45.0 metre telecommunication tower, to be located on 4917 Line 4 North, setback approximately 146.0 metres (479.3 feet) north of Mt. St. Louis Road West. The tower is to be a lite-duty, self-support lattice tower with a colour that is subject to Navigation Canada requirements. Background: The subject property is approximately 39.5 hectares (97.6 acres) and is located on the north- east side of Line 4 North and Mt. St. Louis Road West (refer to Schedules 1 and 2). The property contains a single family dwelling and several accessory buildings. Development Services May 26, 2021 Report No. DS2021-076 Pagel of 7 Page 133 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... Analysis: FB Connect 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 March 17, 2021 . Two (2) residents attended the virtual public open house. During the virtual public open house, comments from members of the public were made with respect to matters related to siting/co- location, aesthetics and health & safety. FB Connect has provided the Township with a Public Consultation Summary for the proposed telecommunication tower which responds to the comments made by members of the public (refer to Attachment 1). The applicant concludes that all technical concerns and requirements received through and after the public circulation have been addressed and that no outstanding issues remain. 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. FB Connect is seeking to improve the telecommunications infrastructure in the area to provide Xplornet users with better wireless internet services in the community. This location works well to expand the Xplornet 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 45.0 metres (147.6 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 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 Development Services May 26, 2021 Report No. DS2021-076 Page 2 of 7 Page 134 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... 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 146.0 metres (479.3 feet) from Mt. St. Louis Road West and will be accessed through a new entrance from the road utilizing 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 no tree removal and is to be located approximately 200 metres (656 feet) from the nearest neighbouring dwelling located at 619 Mt. St. Louis Road West. There is sufficient space to accommodate the tower while having some visual buffering from the existing woodlot that will surround the proposed tower along with the mature row of trees on the north side of Mt. St. Louis Road West. The applicant was requested by one resident during the consultation to consider locating the tower further north on the other side of the wooded area to assist in screening the tower from their residence on the south side of Mt. St. Louis Road West. It is noted in the applicant's response summary (Attachment 1) that a site visit was completed by the applicant and has concluded that it would be very difficult to see the tower from the front of the residence as there is significant screening provided by the wooded area between the residence and the tower, primarily the large amount of tree cover on the resident's property and the row of trees on the north side of Mt. St. Louis Road West. The applicant also noted that to relocate the tower further north would require significant tree removal for hydro access. The applicant believes that based on the distance to the property/residence and the existing trees that provide screening from the residence to the tower, the proposed tower location is reasonably situated and are not considering relocating to another location. 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. A permit is not required. 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. Operations Division: The applicant will be required to obtain an entrance permit. Operations has no other comments. Municipal Law: No concerns. Building Division: Building Division has no jurisdiction in the construction of telecom towers. Development Services May 26, 2021 Report No. DS2021-076 Page 3 of 7 Page 135 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... County of Simcoe: The site is designated "Agricultural" in the County Official Plan on the portion of the site that it appears the tower is proposed to be located. This telecommunication tower constitutes Infrastructure, which is permitted in this designation. 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. 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 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 Samuel Wellington Ross by FB Connect 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 May 18, 2021 Robin Dunn, CAO May 19, 2021 Development Services May 26, 2021 Report No. DS2021-076 Page 4 of 7 Page 136 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... =, Pa. noai�.m�a•aa 4850 4824 a 4798 n�ae9oi e.nil�ruw 4977 4760 r j 20 Z LO 4918 4742 J 21 4706 4900 896 4917 892 Z 4888 � Qs C j 4540 4874 750 730 712 p,pount St. Louis-Rd.W. 563 513 751 741 4790 4797 727 4791 707 691 667 4598 4590 4580 4576 4783 4568 4562 4552 4765 `540 901 4532 4681 4524 4721 4510 4502 4492 4454 Schedule 1 Locationk1l Township of • Proposed Tower Proud Heritage,Exciting Future 0 300 m File Number:2021-PCA-02 N I i i I I Development Services May 26, 2021 Report No. DS2021-076 Page 5 of 7 Page 137 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... t1W k x e®i aaiikyxe f as �dy Woad Mount 5t. Louis Schedule 2 .,.� Aerial Photo fs • Proposed Tower I rt�o� ��e Proud Heritage,Exciting Future 0 75 m File Number:2021-PCA-02 Development Services May 26, 2021 Report No. DS2021-076 Page 6 of 7 Page 138 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re- Telecommunication Ai - IF QjWw— ---------- - ——————————- - -———————— 7) ——— P--D -1-IC AYDLJT PIAN as v ---------------- �,VE W-1 it --------___________________- Schedule 3 Site Plan and Tower Elevation Drawing 0 T h File Number 2021-PCA-02 Proud Heritage,Exeitiug Future Development Services May 26, 2021 Report No. DS2021-076 Page 7 of 7 Page 139 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... WCO11 NEB T Tel:(905)928-9481 «, s..,,,..... Fax:(888)622-4939 482 South Service Road East,Suite 130 Oakville,Ontario L63 2X6 www.forbesbrosltd.ca April 29, 2021 Sent via email Andy Karaiskakis, Senior Planner Township of Oro-Medonte Planning Department 148 Line 7 South Oro-Medonte, ON LOL 2EO CLIENT: Xplornet Communications Inc. RE: Request for Concurrence- Proposed 45m Lite-Duty Self-Support Lattice Tower Site SITE ID: MOUNT ST-LOUIS—ON7959 ADDRESS:4917 Line 4N,Oro-Medonte,ON Mr. Karaiskakis, FB Connect on behalf of Xplornet Communications Inc. is advising the Township of Oro-Medonte that public consultation has been completed for Xplornet's proposed 45m self-support lattice tower site located at 4917 Line 4, Oro-Medonte, ON. The approval authority for wireless telecommunication towers is within ISED, under the Radiocommunication Act. ISED's Radiocommunication and Broadcasting Antenna Systems—CPC-2-0-03, Issue 5 outlines the process for the proponent to follow and encourages the establishment of policies from the land-use authority as they are best positioned to contribute to optimum siting of facilities to meet their own community needs. ISED's Radiocommunication and Broadcasting Antenna Systems—CPC-2-0-03, Issue 5, can be retrieved at: https://www.ic.gc.ca/eic/site/smt-gst.nsf/vwa pl/cpc-2-0-03-i5.pdf/$file/cpc-2-0-03-i5.pdf. ISED requires the proponent to consult and obtain land-use authority concurrence in writing prior to moving forward with a proposed installation. Oro-Medonte established policy 2012/407, For Establishing Telecommunication Tower/Antenna Facilities, that was followed. Municipal Consultation Submitted an information package on February 17, 2021 that provided the Township of Oro-Medonte with the following: • Proposed Site Details • Site Sketch • Photo Rendering • Co-location Opportunities Considered • Map of Nearest Residential Zone or Dwelling • Federal Requirements (including Transport Canada—Reviewed and determined no lighting requirements) • Site Plan • Public Consultation Material Page 140 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... Public Consultation Process Mail Notification • Oro-Medonte requires mail notification to be sent to all property owners within 120m of the proposed telecommunication structure. • Mail notifications were sent to three (3) property owners on February 17, 2021 using the mailing list provided by Oro-Medonte. Notification Sign • Oro-Medonte requires a notification sign to be posted on the subject property advising of an open house. • Notification sign was installed at the proposed entrance on the subject property on January 19, 2021. Open House • Oro-Medonte requires the proponent to hold an open house as public consultation. • Due to COVID-19 pandemic a Virtual open house was held using Zoom meetings on March 17, 2021. Virtual Open House Summary Two residents, a local Councillor and a planner from Oro-Medonte attended a virtual open house held by the proponent using Zoom meetings. Presentation provided the following: • Background information • Site details • Survey • Photo rendering and example of similar tower • Before/after coverage maps • Health &Safety(SC6 and SC6 analysis) Three concerns discussed: Health & Safety—Concerned with the amount of energy emitted(including future equipment) with proximity to residents. Responded that the amount of energy emitted is regulated by Health Canada with Safety Code 6, similar other jurisdictions/organizations. SC6 analysis completed and at ground level would be at 0.267%of allowable exposure limits. Additional could be added in future that would change the amount of exposure but would need to comply with SC6. Aesthetics—Concerned of the aesthetics of the tower from residence of the adjacent property, suggestion to located further north in next field separated by wooded area. Response was to provide a site visit to review aesthetics from the adjacent property with a follow up email response. A site visit was completed with photos from front of residence and road entrance. An email response was provided along with the photos where proponent believes it would be very difficult to Page 141 of 348 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... see the tower as there is significant screening provided by the wooded area between the residence and tower. At the entrance the it may be possible to see the top of tower above the pine trees along the northern road allowance; however,the tower is located 200m further away and the pine trees provide a fair amount of screening. It would be unreasonable to relocate the tower further north as it would require significant removal of trees for access and hydro. Based on distance to property/residence and existing trees the proponent believed the proposed location is reasonably situated and not considering relocating to another location. Co-location—Concerned rather than install new tower to utilize one of the two towers in immediate area. Responded that the existing 65m self-support tower located 1.5km south was considered but as the existing tower is 60m lower elevation and due to distance to proposed that Xplornet cannot achieve coverage objectives (would limit extent of coverage due to topology blocking signal). The second tower, 650m northwest of the proposed tower,was unknown during the virtual open house and a site visit would be required to identify and review if colocation possible. Tower was identified and email response provided that the tower owner has plans to install a wind turbine at the top which Xplornet has concerns with vibration and microwave dish(es) issues. Additional concerns with Xplornet's current and future equipment requirements which may restrict or impede future use of tower by owner who uses it as a hub site for a business and requires the ability to add additional equipment. Xplornet determined a new site was required. Photos, photo reference map and co-location map provided in email responses are included as attachments. Request for Concurrence A total of(3) property owners within 120m of the proposed 45m lattice tower were directly invited by mail notification and the general public were invited by a notification sign posted on the subject property at the proposed entrance to participate in this consultation process by attending the virtual open house. Two residents participated in the virtual open house who their concerns were discussed, additionally reviewed with site visit and provided an email response. Provided there are no municipal concerns to address we are requesting on behalf of Xplornet Communications Inc. to receive letter of concurrence from the Township of Oro-Medonte for the proposed 45m lattice tower site at 4917 Line 4N, Oro-Medonte, ON as described in the information package submitted on February 17, 2021. Sincerely, Jaxi Lewi., Real Estate & Municipal Affairs FB Connect Page 142 of 348 2m-1-7+ndy Ka a s�6ht-', a tr'�Piar ter re: Telecommunication ... Ilk R 4i 0 o CL 0 Ln CL EL Y/ O O # U N (6 (a .� • O Q a. �Y a.ti 'I s 1 - 14 Oil W If a �V, � ,r SIN 4 +�9('���7�i�i i �r��si`� 'r °r�i r sr.� `"` 1s,�.+ i t•+ �`� u� h �� � � fc �1Z WA vn 4 i�ti 5 a3 ��g�r� "1r-,�r�,«� "�"'k'-�. m'�"��=r"°"°.' s.- n< -"`�•A'�s �� �_�7 SJ�''' ' 'i� �,. _ y +17 N �,- ties 1 F,. 2 y� i a?4.�S�,+� �'7� ` fd �lIl�-ui ♦rye �.. f( � �� �? e+ �r r�Tel+� ��r,�`�3.,t�``.�l�W���a,��;�� � �� AIM, � t k`' �f!'t• r/x1 t E.c� i i � u__ �Al�'���CT `• - r r /(/��� V�i: a I��l l !a,lrR: � �-a. ,�, '$' � u o ie �++rk"��v$�M�"�17.r'`. 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Ay { ,,,IN� ems* s� (� i -: .�� " � w'I� fi9 Fay �",�y�D ✓- , Y �"< r �Sr�i k 3a r t � S'� �L.� '�L JYL d 4 1� 4 f•'}' ih Aw "a r1a* a "� MY t ., - :^� ^III fa 4 "n 4�' >m vpa t j a a. kRA W • ,, a" � J 1 1�/ �. 'frsNnft-m • �fr T • e*- yr .,���. 1 �"� fR � �� -a: � a"y' ,�`�q° a ,`�y f,*h� ;°� �' O L 0 Z� 4 U) CL _ . t ((4lnnd Vf V2.�. l E x 4 ` LU •.1/_~ •V ty 0- C7 70 L r� l� + VJ Ca IF 1 t1. co :r U) F- • �_ co;r } • CL o 4A- . • go f► • r� ,s O 1 '..- 147 • " ' 10.b) DS2021-76, Andy Karaiskakis, Senior Planner re: Telecommunication ... W CONNECT Tel:(905)928-9481 Fax:(888)622-4939 482 South Service Road East,Suite 130 Oakville,Ontario L63 2X6 www.forbesbrosltd.ca Virtual Open House—MOUNT ST-LOUIS—ON7959 Attendance List Dave Carr Bob Ker Councillor Ian Veitch Andy Karaiskakis, Senior Planner-Township of Oro-Medonte Page 148 of 348 10.c) F12021-11 , Shannon Johnson, Chief Financial Officer/Treasurer re: ... Township of R 0 Report Proud Heritage, Exciting Future Report No. To: Prepared By: FI 2021-11 Council Shannon Johnson Meeting Date: Motion # May 26, 2021 Tile Drainage Loan Applications Roll #: R.M.S. File #: 4346-020-003 07800-0000 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. FI 2021-11, Tile Drainage Loan Application, be received 2. That Council provisionally approve the Tile Drainage Loan Application, up to a maximum total amount of $50,000.00 for the property owner of Concession 9, PT W1/2 LT 8, Coldwater, Ontario, Municipality of Oro Medonte to be financed over ten (10) years, upon subsequent conditional approval by OMFRA funding. Background: The Tile Drainage Act R.S.0.1990, makes loans available for the drainage work on a farm. A loan is obtained from the provincial government through Township Council. Once the Township has passed a necessary borrowing bylaw, an assessed owner may be eligible for a tile loan under this program and make an application to Council for a loan under this program. A summary of the loan program criteria is as follows: • A municipality must ensure that it has a valid borrowing bylaw under the Tile Drainage Act. o The Township of Oro Medonte passed By-law 2020-049 for $500,000 on April 29, 2020. A Bylaw to raise money to aid in the construction of drainage works under the Tile Drainage Act Finance May 26, 2021 Report No. FI 2021-11 Pagel of 6 Page 149 of 348 10.c) F12021-11 , Shannon Johnson, Chief Financial Officer/Treasurer re: ... • Landowners are eligible for a loan of up to 75 percent of the value of the required tile drainage work; however, the sum of all tile loans issued in any fiscal year, to an individual, as an individual, or in his role in a partnership or corporation shall not exceed $50,000 • The approval of a loan application lies within the discretion of Township Council and may either reject or approve the application, subject to the availability of funds and any other conditions Council sees fit to prescribe. Council's provisional approval allows work to begin on this tile drain. • All tile loans have ten (10-year) terms, and the Municipality annually collects the loan re-payments from the landowner through the landowner's property taxes and then remits them to (OMAFRA). • The provincial government sets the program interest rate at a competitive level. This rate is fixed for the full term of the loan, regardless of changes in market interest rates. The interest rate is calculated annually, not semi-annually, as is done by most financial institutions. Defaulted payments are rare but are treated in the same manner as unpaid taxes. The landowner may repay the loan in full at any time • Under Section 4 of The Tile Drainage Act the municipal tile inspector examines work and files an Inspection and Completion Certificate along with a sketch of the work, completes a Rating for By-Law for council to approve before the loan is sent to Ministry of Agriculture, Food and Rural Affairs for their approval then forwarded to Province for funding. Analysis: Township staff have received a Tile Loan application as shown in Schedule 1 attached to the staff report. Staff have prepared two (2) options per the application for Council to choose based on Council's preferred risk and The Tile Loan program funding criteria. Schedule la-1c: Concession 9, PT W1/2 LT 8 o Estimated Cost of Drainage Work is $74,350.83 0 75% of eligible estimated drainage work is $55,763.12 o Maximum program loan funding of $50,000 Option 1 : Council may choose not to provisionally approve the landowner's loan application Finance May 26, 2021 Report No. FI 2021-11 Page 2 of 6 Page 150 of 348 10.c) F12021-11 , Shannon Johnson, Chief Financial Officer/Treasurer re: ... Option 2: Council may choose to provisionally approve the maximum program loan funding of $50,000 Financial / Legal Implications / Risk Management: The proposed tile drainage loan is to be funded by the Ministry of Agriculture and Food (OMAFRA) at 6% per year for the next ten years. The Township repays the loan to OMAFRA each year, and concurrently charges the landowner on their property tax account each year. There is a financial risk to the Township if the landowner does not pay their property taxes, although overdue accounts are subject to penalties and interest of 1.25% per month. Staff have confirmed that all property taxes on the stated property are paid up-to-date as of the date of this staff report. Policies/Legislation: Tile Drainage Act R.S.O. 1990 Township of Oro Medonte, Borrowing By-law No. 2020-049 Corporate Strategic Goals: Continuous Improvement & Fiscal Responsibility Consultations: Andy Kester, Ontario Ministry of Agriculture, Food and Rural Affairs Justin Metras, Manager of Infrastructure and Capital Projects Attachments: Schedule 1 a — 1 c Conclusion: 1 . It is recommended that Township Council provisionally approve the Tile Drainage Loan Application, as Option 2, up to a maximum of $50,000 for the property owner of Concession 9, PT W1/2 LT 8, to be financed over a ten (10)-year loan term, upon subsequent conditional approval by OMFRA funding. Finance May 26, 2021 Report No. FI 2021-11 Page 3 of 6 Page 151 of 348 10.c) F12021-11 , Shannon Johnson, Chief Financial Officer/Treasurer re: ... Respectfully submitted: Shannon Johnson, CPA, CGA Chief Financial Officer / Treasurer Approvals: Date Robin Dunn, CAO May 20, 2021 Finance May 26, 2021 Report No. FI 2021-11 Page 4 of 6 Page 152 of 348 10. F120 1-11 Shannon Johnson, Chief Financial ffice(/Treasurere: ... 1'1 tc�ri[] *� ��^� '�y ° AO,cuRure, Applicationior T e Doan - Form 6 Food and RuratAffairs Tile Drainage Act, R.S.O. 1990, c. T.8, s. 3 To the council of the wn �.;z.'� of C,/ro Property Ownership If property is owned in partnership, all partners must be listed if property is owned by a corporation, list the corporation's name and the name and corporate position of the afrtho►ized officer. +dryly the owner(s) of the prnpPity may apply for the loan. Ownership Type Applicant Mailing Address and Primary Contact Information Middle Initial Street/Road Dumber PO Box Telephone Number ext.- Location of Land to be Drained Lot or Part Lot Concession q Geographic Township Parcel Ralf Number Civic Address Unit Number Street/Road Number Street/Road Name Po Box City/Town Province Postal Code Description of Drainage System Please attach a sketch of the location of the land you ate planning to drain. A mapping tool is available at Approximate Length of Pipe Material r Area to be Drained Jam'' fUrn acrelha Proposed outlet Anticipated Date of Commencement Anticipated Date of Completion Estimated Total Cost of Drainage System Material Installation Inspection Fee of her Total Cost Amount of Loan Requested" 7 ` Must be a multiple of$1d0 not exceeding 75% of total cost of drainage work. 01e7E(201210B) @Queeria Renter fcr Ontario. 2012 oispomde en franya4s Page 153 of 348 Page 1 of 2 Terms of Agreement In making this application ar aan, unders ar�d a1 agree o t e o ❑w�r'ag "' a) The granting of the loan is conditional upon all work being conducted in accordance with the Agricultural Tile Drainage Instaffation Act; b) The approval or refusal of the application is at t-ie discretion of council whose decision is f inal; c) I will be advised in writing of council's decision regarding the application; d) Should the loan application be approved, an inspector of drainage will complete an Inspection and Completion Certificate and submit it to GOUncil; e) Council shall levy and collect for the term of ter years, over and above all other rates upon the land in respect of which the loan is made, a special equal annual rate sufficier:t to discharge the principal and interest of the loan; f) The Tile Drainage Act sets out procedural matters which pertain to this application for a loan; and g) The sum of all loans issued to me. as an individual, or in my role in a partnership or corporation in this and any ether munici alit does not exceed 50 000 forthe eriod of A ril 1st to March 31st. Date (yyyy/mmfdd) 2 1 Date (yyyylrnmldd) Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Tile Drainage Act, R.S.O. 1990„ c. T.8 and will be used forthe purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed �o a municipality (municipality to complete) and where the form is addressed to a territory without municipal organization, the Drainage Coordinator, Ministry of Agricult ure: Food and Rural Affairs, 1 StoneRd W, Guelph ON N 1 G 4Y2, 519 825-3552. 0167E(2012/08) Page 154 of 348 10.c) F12021-11 , Shannon jBh�nson, Chief Financial Officer/Treasurer re, rip ... f OPP!" o rt�. ��. ..�rr� •'l - k F 0 0-13— -- --- -025 miles 4 Inch arm: a 6 Inch 1355-00 ft Field: a 8 inch 209.28 ft Name: Drainage- Planned � 10 inch 587-77 ft 12 inch 54000 ft Unassigned > 3E-15 it a -Trimble Page 155 of 348 10.d) DS2021-77, Andria Leigh, Director, Development Services re: Subdiv... Township of Report r 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-077 Council Andria Leigh, Director, Development Services Meeting Date: Subdivision Agreement Motion # May 26, 2021 Braestone Phase 2 Group D Lot 3, Concession 9 (Oro) Roll #: Application: 43T-91031 R.M.S. File #: D12 42408 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-077 be received and adopted. 2. That the Township of Oro-Medonte enter into a subdivision agreement with Braestone Development Corporation for Phase 2 Group D, being 25 residential lots; 3. That the Clerk bring forward the By-law to enter into the subdivision agreement for Council's consideration; 4. That Staff arrange for the registration of the subdivision agreement by the Township's Solicitor after any outstanding matters have been satisfied by the developer. 5. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background/Analysis: Braestone Development Corporation is constructing a residential development located south of the Horseshoe Valley Road between Line 8 North and Line 9 North as identified on the attached location map (Attachment 1 — Location Map). The lands were approved for a 230 lot residential subdivision in 1994 by the Ontario Municipal Board (OMB). There were 35 draft plan conditions that formed part of the OMB approval, which are required to be fulfilled in order to proceed to final registration. The developer, Braestone Development Corporation, is developing the draft plan in phases and has to-date achieved registration for the following Phases: • Phases 1 A through 1 C consisting of 118 lots (Registered Plans 51 M-1070 and 51M-1113) Development Services May 26, 2021 Report No. DS2021-077 Page 1 of 7 Page 156 of 348 10.d) DS2021-77, Andria Leigh, Director, Development Services re. Subdiv... • Phase 2A and 2B consisting of 20 lots and 2 park blocks (Registered Plan 51 M- 1181) • Phase 2E consisting of 27 lots (Registered Plan 51 M-1191) The Phase 2D lands are zoned Residential One Exception 75 (R1*75), Open Space Exception 77 (OS*77) and Environmental Protection Exception 79 (EP*79) to accommodate the proposed development. In accordance with the conditions of draft plan approval, lots adjacent to a wetland buffers (Lots 1 through 25) shall be subject to Site Plan Control and shall be required to be zoned with Holding (H) provisions. The developer has proceeded with pre-servicing for Phase 2D in accordance with an agreement executed by Council. The Township's engineering consultant (Jones Consulting) approved the Final Stormwater Management Report and approved the engineering drawings on January 9, 2020 for Phase 2. In accordance with the draft plan conditions, specific to this phase of the overall development (Phase 2 Group D) the developer has now obtained favourable comment letters or clearance letters from the following key agencies: Ministry of Natural Resources and Forestry (comment letter dated August 4, 2020), Department of Fisheries and Oceans (comment letter dated February 27, 2019), Nottawasaga Valley Conservation Authority (Permit No. 2019-11238, December 11, 2019), Enbridge Gas (clearance letter dated April 1, 2021), Canada Post (clearance letter dated April 1, 2021), Bell Canada (clearance letter dated November 14, 2019), Hydro One (clearance letter dated April 14, 2021). Currently the developer is seeking the final two outstanding clearance letters from the Simcoe Muskoka Catholic District School Board and Simcoe County District School Board. Staff do not anticipate difficulty in obtaining these two final clearances as the wording required by both has been incorporated into the Subdivision Agreement for this phase, is consistent with the wording in the Subdivision Agreements for previous phases all of which have received the required clearance letters from both school boards. The Township of Oro-Medonte's requirements will be addressed through the execution of the subdivision agreement and the Township will also provide clearances on behalf of the former Simcoe County District Health Unit. Ministry of Environment, Conservation and Parks has issued an Environmental Compliance Approval for the Stormwater Management System (ECA # 3211-B9YS7J) and for the municipal water treatment system (ECA # 3202-7MCRQM). This system is operated by the Township but currently remains a non-municipal year round residential drinking water system. Based on this a Form 1 — Record of Watermains Authorized as a Future Alteration has been submitted to the Township by the Developer's Engineer for the Phase 2 D watermain works. The Developer is required to provide the Township with the required insurance certificate and securities identified in Schedule "H" of the Subdivision Agreement in the amount of $ 1 ,373,404.69 to ensure the completion of the services for the development. Both the insurance certificates and the Letter of Credit have been received by the Township. The subdivision agreement also identifies all of the lot (Lots 1-25) as being subject to Site Plan Development Services May 26, 2021 Report No. DS2021-077 Page 2 of 7 Page 157 of 348 10.d) DS2021-77, Andria Leigh, Director, Development Services re. Subdiv... Control and is required to be completed with the appropriate agreements executed and registered prior to the issuance of building permits. As part of the development of the previous phase (2E, now Registered Plan 51 M-1191) the construction of Georgian Grande Drive to Line 8 North was completed to provide for construction access for the westerly phases of the development and for emergency access purposes given the number of developed residential lots that were solely being accessed from Line 9 North and Georgian Grande Drive. These works, being Georgian Grande Drive and the plunge pool, were constructed in the last phase but were not part of the subdivision agreement and are therefore are being recognized in this subdivision agreement in order to transfer the ownership and for the future assumption. As Council is aware, the Township is the final approval authority for plans of subdivision and for completion of the subdivision registration process. The Braestone (formerly Buffalo Springs) draft plan was approved by the Ontario Municipal Board (now LPAT) in 1994. On December 9, 2019, the LPAT pursuant to subsection 51(56.1) of the Planning Act delegate to the Township of Oro-Medonte the authority to clear conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Planning Act. Due to the outstanding details noted above, it is Planning Staff's recommendation that Council pass a by-law to authorize the execution of the subdivision agreement, but that Staff only arrange for the registration of the agreement and completion of the final approval process once all outstanding matters (outstanding final clearances, -final M- Plan for signing) have been satisfied by the developer. Financial / Legal Implications / Risk Management: Addressed through the detailed provisions contained within the Subdivision Agreement provisions and the required Insurance Certificate during construction and subdivision development. Policies/Legislation: Planning Act Corporate Strategic Goals: The Township's following Strategic Goal is 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. Development Services May 26, 2021 Report No. DS2021-077 Page 3 of 7 Page 158 of 348 10.d) DS2021-77, Andria Leigh, Director, Development Services re. Subdiv... • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: • Director, Development Services • Manager, Development Engineering • Manager, Environmental Services • Manager, Infrastructure & Capital Projects • Township Engineering Consultant Attachments: Schedule 1 — Location Map (Overall) Schedule 2 — Location Map (Phase 2D) Schedule 3 — Draft Plan of Subdivision 51 M- Conclusion: On the basis of the request from the developer to enter into a subdivision agreement, it is recommended that Council pass a by-law authorizing the execution of a subdivision agreement with Braestone Development Corporation for Phase 2D, being 25 lots. Upon the developer's completion of all outstanding matters (final clearances, M-Plan), Staff will instruct the Township solicitor to proceed with the registration of subdivision agreement. Respectfully submitted: Andria Leigh, Director, Development Services Approvals: Date: Robin Dunn, CAO May 19, 2021 Development Services May 26, 2021 Report No. DS2021-077 Page 4 of 7 Page 159 of 348 10.d) DS2021-77, Andria Leigh, Director, Development Services re. Subdiv... Schedule 1: Location Map (Overall) LJ Subje Property 2979 Line 8 North Development Services May 26, 2021 Report No. DS2021-077 Page 5 of 7 Page 160 of 348 10.d) DS2021-77, Andria Leigh, Director, Development Services re- Subdiv... Schedule 2: Location Map (Phase 2 Group D) _M�amp!•xa. 10 11 9 3288 HeiNean'P-v�nenaa. 12 7 vl C V Q 5 6 � N '�fud9e °'d J > 8 .2 o m 22 20 18 16 U 6 4 2 ct. Li za Owe" s 11 s 25 21 19 17 15 23 3009 Z m a� J 52 ss ss 56 54 50 72 70 64 62 60 QC. ,ode a 49 GepC�`ai+Gt 75 51 55 53 Z3 7.1 69 57 59 65 83 fit pr oG 4r cyydesda%e C� Schedule 2 Location - Phase 2 D ®Subject Lands 0; Proud Heritage,Excitif ing Future 0 200 M File Number:43T-91031 a I I Development Services May 26, 2021 Report No. DS2021-077 Page 6 of 7 Page 161 of 348 10.d) DS2021-77, Andria Leigh, Director, Development Services re. Subdiv... Schedule 3 — Draft Plan of Subdivision 51M- PLAN z'@A�wE_•.� \� EnSP P AfiTOEOENr LOT IT 2AN - �«,w. PLAN SIJEJENCr CRAFT 4r ff. NE N PNE-.PPAov.L PaocEss.NE EwnL nOR VCIP OMMENT$. J i €�eIE;k °,�°aF°suco° IT— �Ec o�� _- NEST f- . OF 8 LOTEr q�sr _ l`" N:r '°'.'i. ✓;ds e 11 2e 24 25 r.✓ VJ'�°. y°'F { ... 5 w..wu E.sr - .r°q a msers.o ur s.m R_ R ✓ _✓ �g t3�� CO.ssm @ ,� s eI s a3,�„"'� =/4/ �-m—...,...<...�.... # n#"I.w _ y 1_ 5 c `s ,`;P ,.,„m,�✓ or>,�j e. 8.= ;.,, � .+ n•'�°v@Ia � NLocx ze LOT ��w..,... �rE o.•. E.sr F.LF of LOT 3 •,.n, aww,,, ,.. � gHAMERIN W � W b Development Services May 26, 2021 Report No. DS2021-077 Page 7 of 7 Page 162 of 348 10.e) CS2021-14, Donna Hewitt, Director, Corporate Services re. Ontario ... Report Township of Proud Heritage, Exciting Future Report No. To: Prepared By: CS2021-14 Council Donna Hewitt, Director Corporate Services Meeting Date: Subject: Motion # May 26, 2021 OPP Detachment Board Roll #: N/A Composition R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. CS2021-14 be received and adopted; 2. That one OPP Detachment Board comprised of 10 members be established for the Orillia OPP Detachment with representation from the City of Orillia and the Townships of Oro-Medonte, Ramara and Severn; 3. That the 10 member OPP Detachment Board be comprised of the following: - One elected representative from each municipality (being the head of the municipal Council or, if the head chooses not to be a member of the Board, another member of the Council appointed by resolution of the Council); - One community representative from each municipality (being one person appointed by resolution of the Council, who is neither a member of the Council nor an employee of the municipality); and - Two provincial representatives appointed by the Lieutenant Governor in Council; 4. That the City of Orillia and the Townships of Oro-Medonte, Ramara and Severn be directed to determine the level of administrative support required for the OPP Detachment Board; 5. That the costs associated with the administrative resources required to support the establishment and operation of the OPP Detachment Board be shared equally by each municipality; 6. That the Executive Director of the Orillia Police Services Board for the City of Orillia be authorized to submit the OPP Detachment Board Proposal to the Ministry of the Solicitor General on behalf of the City of Orillia and the Townships of Oro-Medonte, Ramara and Severn; 7. And that the City of Orillia and the Townships of Ramara and Severn be advised of Council's decision under the Director of Corporate Services signature. Corporate Services May 26, 2021 Report No. CS2021-14 Page 1 of 7 Page 163 of 348 10.e) CS2021-14, Donna Hewitt, Director, Corporate Services re: Ontario ... Background: As part of the Community Safety and Policing Act, 2019 (CSPA), the Province enacted a number of new Ontario Provincial Police (OPP) related legislative and regulatory requirements. One of these is the implementation of a new OPP Detachment Board. The Ministry is working towards the CSPA being proclaimed in early 2022. Correspondence from the Ministry of the Solicitor General referencing the framework for the development of these Boards was considered by Council at its April 14t" Meeting. As outlined in the framework communication, municipalities and First Nation communities receiving direct and/or supplemental services from an OPP detachment are asked to work together to submit one proposal (per detachment) indicating the composition of their board. If it is determined that multiple boards are needed for one detachment, the proposal to be submitted needs to detail the rationale for that recommendation and the composition of each additional board. Proposals must meet the base requirements as set by the Ministry, which include a minimum number of five members per board and a requirement that each board should be composed of 20% community representatives and 20% provincial appointees reflecting the communities' unique needs. It is expected that there will be representation from every municipality receiving policing from the Detachment and that composition should also account for the unique factors impacting OPP Detachments, such as geography, population size, and service demands. Municipalities and First Nations are not required at this time to identify the names of the individuals that will be participating on the detachment board, rather, simply identify the number of seats each municipality and First Nation will be allocated as well as the number of community representatives and provincial appointments. After determining the composition of the Detachment Board, municipalities within a Detachment area may select one municipality to complete and submit the proposal. The cost to administer these Detachment Boards, at this point, is to be borne by the participating municipalities and First Nations following an agreed-upon costing structure. In terms of responsibilities, the new OPP Detachment Board: • Shall consider any community safety and well-being plan adopted by a municipality that receives policing from the Detachment; • May establish local policies, after consultation with the Detachment Commander or his or her designate, with respect to policing in the area receiving policing from the Detachment; • Ensures local action plans prepared by the Detachment Commander address the objectives and priorities determined by the Board; • Provides a venue for the municipalities within a Detachment area to coordinate and collaborate on strategies to address common issues that are not present under the existing Police Services Act. Currently, the Township of Oro-Medonte is serviced by the Orillia OPP Detachment which is an integrated detachment also servicing the City Orillia and the Townships of Ramara, and Severn. Consultations with the municipalities served by the Orillia OPP Corporate Services May 26, 2021 Report No. CS2021-14 Page 2 of 7 Page 164 of 348 10.e) CS2021-14, Donna Hewitt, Director, Corporate Services re. Ontario ... Detachment have been held amongst both Chief Administrative Officers and Mayors to gauge interest in this shared Detachment Board and potential structure/compositions and cost-sharing models. While the Township has enjoyed effective and collaborative relationships with previous and current OPP Detachment Commanders, we have not had the opportunity to participate on an OPP Detachment Board until these changes were mandated. Participation on a Board of this nature will provide the following added advantages to the municipality: • Ability to consult with the OPP Commissioner regarding the selection of the Detachment Commander and otherwise participate, in accordance with the regulations, in the selection of the Detachment Commander; • Ability to determine the objectives and priorities for the Detachment, not inconsistent with the strategic plan prepared by the Minister, after consultation with the Detachment Commander or his or her designate; • Opportunity to advise, monitor and review the performance of the Detachment Commander with respect to policing provided by the Detachment; • Ability to be eligible for provincial grants such as R.I.D.E. (Reduce Impaired Driving Everywhere), Community Safety and Policing - Local Priorities and Provincial Priorities Funding Streams, etc. Analysis: As noted in the Background section, discussions have occurred amongst both CAOs and Mayors from the four municipalities serviced by the Orillia OPP Detachment. Based upon those discussions, two potential options for Board composition have been discussed and are included in this report for consideration. Both options were presented to the Councils of the City of Orillia and Townships of Ramara and Severn with Option 1 as their recommended option. These recommendations were ultimately supported by all Councils. However, it should be noted that the City of Orillia's motion also included that a review of the OPP Detachment Board composition be completed one-year following its establishment. The City of Orillia has agreed to submit the required proposal to the Ministry on behalf of the 4 participating Board partners before the June 7, 2021 deadline. The following are the two options with Option 1 being the recommended and supported model: Option 1 : One OPP Detachment Board comprised of 10 members with representation from the City of Orillia as well as the Townships of Oro-Medonte, Ramara and Severn as follows: - One elected representative from each municipality (being the head of the municipal Council or, if the head chooses not to be a member of the Board, another member of the Council appointed by resolution of the Council); Corporate Services May 26, 2021 Report No. CS2021-14 Page 3 of 7 Page 165 of 348 10.e) CS2021-14, Donna Hewitt, Director, Corporate Services re. Ontario ... - One community representative from each municipality (being one person appointed by resolution of the Council, who is neither a member of the Council nor an employee of the municipality); and - Two provincial representatives appointed by the Lieutenant Governor in Council. Rationale.- Traditionally, these four municipalities have worked collaboratively on a broad number of issues and share many cross boundary influences (access to services such as health care and social services; business development and tourism and the recently completed Community Index of Wellbeing assessment etc.) Since the integrated Orillia OPP Detachment incorporates the City of Orillia as well as the Townships of Oro-Medonte, Ramara and Severn, and given that Orillia is collaborating with the Townships to develop a joint Community Safety and Well-Being Plan, it is the logical approach to establish one OPP Detachment Board with equal representation from each municipality. This is the first opportunity that the Townships of Oro-Medonte, Ramara and Severn have had to have representation through a Detachment Board that affects the direction of policing on behalf of their residents. Notwithstanding the somewhat limited role of the Detachment Board, it is important to recognize the importance of equal representation given the number of issues within our Township and across the broader area. It is recommended that 10 member seats be assigned to the Board with one elected representative and one community representative from each municipality, along with two provincial representatives appointed by the Lieutenant Governor in Council reflecting the unique structure of the four participating municipalities. This option achieves more than the required 20% community representation with 40% community appointees, while also maintaining 20% provincial representation. The proposed Board size is optimal and manageable. Given it's size, there are greater opportunities to attract broader skillsets, as well as draw on the work-life experiences and diversity of the membership. Workload can be shared between the members to maximize member engagement. Once the CSPA is proclaimed with the new regulations, the OPP Detachment Board will develop a Procedure By-law. Considering that the proposed composition involves an even-number of Board members, a provision will be included in the Procedure By-law to require that any motion on which there is an equal (tie) number of votes, it shall be deemed to be lost. Option 2: One OPP Detachment Board comprised of 9 members with proportionate representation from the City of Orillia and the Townships of Oro-Medonte, Ramara and Severn determined based on the cost of policing for each municipality as follows: - One elected representative each from the City of Orillia and the Township of Oro- Medonte (being the head of the municipal Council or, if the head chooses not to be a member of the Board, another member of the Council appointed by resolution of the Council); Corporate Services May 26, 2021 Report No. CS2021-14 Page 4 of 7 Page 166 of 348 10.e) CS2021-14, Donna Hewitt, Director, Corporate Services re. Ontario ... - Two community representatives from the City of Orillia (being two people appointed by resolution of the Council, who are neither members of the Council nor employees of the municipality); - One community representative from the Township of Oro-Medonte (being one person appointed by resolution of Council, who is neither a member of the Council nor an employee of the municipality); - One elected or community representative from the Township of Severn; - One elected or community representative from the Township of Ramara; - Two provincial representatives appointed by the Lieutenant Governor in Council. Rationale.- This option determines Board composition based on the proportionate cost of policing for each municipality. The table below identifies the population and estimated cost of policing for each municipality served by the Orillia OPP Detachment: Municipality Population Estimated Cost of Policing City of Orillia 32,000 $8.6 million Township of Oro-Medonte 21 ,000 $2.8 million Township of Ramara 9,500 $1 .8 million Township Severn 13,500 $2.3 million TOTAL $15.5 million This option proposes that 9 member seats be assigned to the Board with one elected representative each from the City of Orillia and Township of Oro-Medonte, since their costs for policing are the highest in the Detachment area. The City would be permitted to assign two more member seats as community appointees, with Oro-Medonte being permitted to assign only one community member seat. The Townships of Severn and Ramara have the lowest costs for policing, and therefore would each only be granted either one elected or community member seat to the Board. The Lieutenant Governor in Council would be asked to appoint two provincial representatives reflecting the unique structure of the four municipalities. This option achieves the required 20% community representation and 20% provincial representation. Financial / Legal Implications / Risk Management: Financial Impact: The proposal that is required to be submitted to the Ministry must outline the administrative support required for the establishment and operation of the OPP Detachment Board. As an example, the City of Orillia's Police Services Board currently, has one Full-Time Equivalent position assigned to perform their administrative functions reflective of the strategic focus established by that Board. The required support for the new Detachment Board will need to reflect the objectives of the new Board. The four municipalities will determine Board priorities and ultimately the level of administrative support that will be required. It is also important to note that presently, the workload that will be required to administer the Community Safety and Well-Being Plan is Corporate Services May 26, 2021 Report No. CS2021-14 Page 5 of 7 Page 167 of 348 10.e) CS2021-14, Donna Hewitt, Director, Corporate Services re. Ontario ... unknown. The Plan is being presented to Council at the May 26t", 2021 meeting. Lastly, in the first few months of the OPP Detachment Board's existence, work will be required to integrate the City of Orillia's current Police Services Board with the new Detachment Board - repealing and replacing existing policies and by-laws and designed a new Board's website. It is advisable that the City and Townships work together to determine the appropriate level of administrative support required for the OPP Detachment Board. At a minimum, the OPP Detachment Board's administrative support would be responsible for: • Coordinating, preparing and distributing Board agendas and minutes; • Attending all public, closed session and special meetings of the Board; • Maintaining the Board's by-laws and all original contracts and agreements executed into by the Board; • Preparing and issuing all communications arising from the proceedings of the Board; • Providing advice to the Board on procedural matters and legislative requirements; • Researching, preparing and presenting reports as necessary to the Board and/or Council; • Preparing and administering the Board's annual Operating and Capital budgets; • Acting as Freedom of Information Coordinator for the Board and processing access to information requests; • Preparing grant applications in consultation with the Orillia OPP Detachment Commander or designate; • Overseeing records management functions for the Board; • Liaising with government officials, the Ministry, OPP, media, municipal departments, and other external agencies; • Maintaining, reviewing and approving material for the Board's website; • Reviewing applications for parades and issuing parade permits on behalf of the Board Chair and OPP Detachment Commander; and • Providing orientation training to new Board members, as required. While the actual costs of administration of the new OPP Detachment Board is not yet established, it is safe to assume that the following categories of expenditures will be required to support the affairs of the Board: Salaries (Part-Time Administrative Support) Remunerations and Honorariums for Board Members (to be determined) Office Materials and Supplies/Advertising including Website Domain Mileage Audit Fees Educational Seminars Memberships Option 1 - Equal representation between City of Orillia, Townships of Oro-Medonte, Ramara and Severn - Costs shared equally at 25% each per municipality. Option 2 - Proportionate representation between municipalities: Corporate Services May 26, 2021 Report No. CS2021-14 Page 6 of 7 Page 168 of 348 10.e) CS2021-14, Donna Hewitt, Director, Corporate Services re. Ontario ... Approximate share: City of Orillia 55% Township of Oro-Medonte 18% Township of Ramara 12% Township of Severn 15% Policies/Legislation: • Community Safety and Policinq Act, 2019 Corporate Strategic Goals: Inclusive, Healthy Community Consultations: City of Orillia — CAO City of Orillia - Executive Director, Orillia Police Services Board Township of Ramara — CAO Township of Severn — CAO Attachments: None Conclusion: Although the CSPA supports the concept of proportionate representation, the City of Orillia, Townships of Ramara and Severn and Township of Oro-Medonte staff do not recommend this option but rather support the concept of equal representation and related support as the option which best meets the needs of our communities. Board members should represent not only their own municipalities, but the entire Detachment area. It is an expectation that Board members provide objectivity and should not advance the interests of any one municipality over others on the Board. Staff recommends that Council support the establishment of a 10 member OPP Detachment Board equally comprised of representatives from all four municipalities. Respectfully submitted: Donna Hewitt, Director, Corporate Services Approvals: Date: Robin Dunn, CAO May 19, 2021 Corporate Services May 26, 2021 Report No. CS2021-14 Page 7 of 7 Page 169 of 348 10.f) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... lnwnship of Report R r 0 Proud Heritage, Exciting Future Report No. To: Council Prepared By: OCS 2021-12 Shawn Binns Meeting Date: Subject: Motion # May 26, 2021 Community Services COVID- 19 Response Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended that: 1. That report OCS-2012-12 be received and adopted; 2. That the Township of Oro-Medonte agree to participate in the City of Orillia's revised parking permit program for adjacent Municipalities and administer the program for Township residents; 3. That a letter be provided to City of Orillia under the Mayor's signature thanking the City of Orillia for their reconsideration and the regional benefits of the revised parking program; 4. That Township staff through the Emergency Management Control Group continue to monitor and adapt programs as necessary to ensure the protection of public health and the continuity of essential public services with continued updates to Council. Background: The Township's COVID-19 pandemic response has required a dynamic approach in order to protect the health and safety of the community while ensuring the continuity and delivery of essential Township services. The Township's provision of Community Services has been subject to many changes over the past 14 months, requiring adaption to closures, restrictions, screening protocols, increased cleaning and sanitization, issues associated with the use of Township Parks and Facilities as well as the enforcement of public health regulations. Operations and Community Services May 26, 2021 Report No. OCS2021-12 Page 1 of 6 Page 170 of 348 10.f) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Throughout the spring and summer of 2020, the Township experienced increased use and demand pressures along the Township's waterfront areas and recreational amenities. This resulted in concerns relating to increased public health risk due to use of these areas by non-residents, debris and litter, traffic safety (parking congestion), trespass to property, nuisance behavior and compliance with regulations requiring the need for amendments to the Township's Parking By-laws, increased Municipal Law Enforcement and public communication. The intent of this report is to provide Council with an update on plans for the 2021 spring and summer season and associated service level considerations. Analysis: Waterfront access and parking controls In 2020, to address public safety and the influx of demand for waterfront amenities, the Township made parking permits available to residents only through the issuance of seasonal permits. This along with joint messaging from Municipalities along Lake Simcoe targeted to the Greater Toronto Area was intended to reinforce provincial regulations and address the potential influx of residents from urban areas to Lake Simcoe communities. Throughout the 2020 season, staff responded both proactively and to resident concerns to address further parking restrictions along waterfront areas. The following By-law amendments took place through the 2020 season: • Permit parking on Line 15 North and around Bass Lake; • Permit parking around Hawkestone Wharf; • Permits parking at South Side Bass Lake Park and areas in close proximity; • Permit parking in the area of Shelswell Park and Lakeshore Rd. W.; • Additional permit parking in and around both the Shanty Bay boat launch and Wharf; • Additional permit parking and no parking areas in and around the Line 9 boat launch; • Increases in set fines and ticketing frequency. Bylaw 2021-005 reflects the current consolidated parking by-law (Attachment #1). In addition, lighting improvements and a gate were installed at the Shanty Bay Wharf to deter nuisance behavior after 9pm. Throughout 2020, both Municipal Law Staff and the Ontario Provincial Police proactively patrolled Township parks and boat launches to ensure compliance with provincial regulations and responded to a high volume of resident concerns. Operations and Community Services May 26, 2021 Report No. OCS2021-12 Page 2 of 6 Page 171 of 348 10.f) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... As the parking restrictions evolved throughout the summer, many areas were not able to have requisite signage installed due to timing of utility locates. All of the identified areas have now had the required signage installed in preparation for 2021. Staff have identified the need to implement additional parking restrictions on Line 9 S between Lakeshore Road and Ridge Road to address parking issues associated with the Boat Launch. The proposed by-law amendment will brought forward at the June 9, 2021 meeting of Council. To address resident concerns at the South Side Bass Lake Park (Line 13) a gate will be installed to restrict access similar to the Shanty Bay Wharf. It is anticipated that this will be completed by the end of May. In 2021 the Municipal Law Enforcement Division has taken the following additional measures: • Hiring an additional seasonal Municipal Law Enforcement Officers to augment 2020 staffing levels; • Expanding the schedule to provide additional coverage throughout the week/weekend at varying times of day/night; • Introduced bike patrols, to increase the staff presence on the Rail Trail and other areas of the Township; As we move into the summer of 2021, it is staffs intent to continue the measures implemented in 2020 and to continue to monitor the effectiveness of these controls through the Township's Emergency Control Group and determine if additional measures are warranted. City of Orillia COVID-19 Parking At its meeting of April 14, 2021 Council received communication from the City of Orillia regarding its 2021 waterfront parking plan. Under the plan, non-residents would be required to pay a $50.00 per day parking fee for the use of its waterfront parking lots and boat launches June 1 — September 15, 2021, Friday — Sunday and Statutory Holidays. The City extended an offer of a fixed fee $.50 per resident ($10,518 based on the Township's population) to adjacent Municipalities to enable resident access to the amenities without having to pay the per day parking fees. Council respectfully declined the offer. At its meeting of May 10, 2021, the City of Orillia reconsidered the proposal to adjacent Municipalities and supported a revised program offering residents in adjacent Municipalities seasonal parking permits for $50.00 per permit user fee which is to be administered by the respective Municipalities with fees remitted to the City of Orillia. In 2021 , the Township has implemented Perfect Mind a recreation management software solution. The program was configured to allow for the issuance of parking permits to administer the Township's Parking By-law. The software allows residents to self-serve and print out a permit. Staff have reviewed the capabilities of the software Operations and Community Services May 26, 2021 Report No. OCS2021-12 Page 3 of 6 Page 172 of 348 10.f) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... and the proposed administration of the City of Orillia parking program and determined that the administration could occur fully digital through this program. This would allow residents to self-serve, pay and print out the annual permit for use in Orillia. Fees would be easily reconciled through financial reports which would be provided to the City of Orillia. This would however require limited additional staff time with customer service assistance in setting up accounts, remitting payments, communication and assistance for those residents who may not be able to acquire permits digitally. No additional administration fee is being recommended by staff for this resident support. It is recommended that the Township participate in this program and advise the City of Orillia accordingly; and that this be communicated with the Township's seasonal program updates. Township of Oro-Medonte Permit Parking In preparation for 2021, all Township residents who received a seasonal resident parking permit in 2020 were mailed a permit for 2021. Any new residents or residents who did not receive a pass in 2021 are able to self-serve through the Perfect Mind program discussed above. As previously outlined, the Township did not provide waterfront parking to non-residents in 2020. A very limited number of seasonal boat launch passes (50) were provided to non-residents given limited parking capacity. In 2021, under the current state of declared emergency and stay at home order this same approach will be continued. Staff will continue to review the program through the Township's Emergency Control Group and determine the need for changes. The existing digital platform has been configured to allow for its use should the permit parking program be expanded to provide non- resident day use at Memorial Park and the Line 9 Boat Launch in 2021. Designated Swimming Areas The Township has fielded several concerns from residents about watercraft mooring in Hawkestone and at Carthew Bay and have addressed requests to install markers and designated swim areas. The regulation of waterways including Lake Simcoe and Bass Lake is not within the Township's jurisdiction and scope of authority. Transport Canada is responsible for the administration of the Canadian Navigable Waters Act (CNWA), which prohibits the construction or placement of any "works" in, on, over, under, through, or across a navigable waterway without complying with the requirements of the Act. Transport Canada also administers the Private Buoy Regulations under the Canada Shipping Act. There is a lengthy process (12+ weeks) to gain approval under the Canadian Navigable Waters Act to install a boomed off swim area. Designated and delineated swim areas are only established in large public waterfront areas/beaches and do not provide any Operations and Community Services May 26, 2021 Report No. OCS2021-12 Page 4 of 6 Page 173 of 348 10.f) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... powers for enforcing federal/provincial regulations. While staff understand that the Hawkestone Wharf and Carthew Bay like many Township waterfront areas are well utilized, they would not fall under this category, and as such is not something the Township will be pursuing at this time. The Township will continue to work with partner agencies to enforce relevant legislation of these areas. Sports fields Under the current provincial stay at home order, outdoor amenities and sports fields remain closed to the public. Many of the Township's sports groups have forfeited the 2021 season, while others are waiting for greater clarity in regulations. Township staff continue to work with community partners in the safe reopening of these facilities in accordance with the regulations and best practices. Resource considerations The 2021 approved business plans contain provisions to address the increase in resource requirements for cleaning and sanitization, vehicles and equipment, health and safety, signage, communications and enforcement. The Township's Senior Management Team and Emergency Control Group will continue to monitor requirements and business plans and report back to Council with any significant changes to business plans or service levels. Enforcement The Township Municipal Law Enforcement Division continues to respond to complaints and proactively enforce the provisions of the Emergency Orders and Reopening Ontario Act. Some of those provisions include: • The closure of non-essential businesses • Prohibition of gatherings • The closure of certain outdoor recreation amenities Municipal Law continues to work collaboratively with our partner agencies to ensure Public Health and Provincial guidelines are being followed and that residents safe and enjoyable use of Township parks and outdoor amenities in 2021 . Corporate Strategic Goals: • Inclusive, Healthy Community • Enhanced Communication and Customer Service Operations and Community Services May 26, 2021 Report No. OCS2021-12 Page 5 of 6 Page 174 of 348 10.f) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Consultations: • Township of Oro-Medonte Emergency Control Group • City of Orillia • Director, Development Services Attachments: Attachment # 1 By-law 2021-005 Conclusion: Report OCS2021-12 has provided a review of current plans and controls to ensure residents are afforded safe and enjoyable use of Township parks and amenities in 2021 . Participation in the City of Orillia's revised waterfront parking plan and administration of the program for Oro-Medonte residents will provide Township residents the ability to access these services with a nominal user fee. Given the continued high degree of uncertainty surrounding COVID-19 impacts and the inherent need for service adjustments, Township staff through the Emergency Management Control Group will continue to monitor and adapt programs as necessary to ensure the protection of public health and the continuity of essential public services with continued updates to Council. Respectfully submitted: Shawn Binns, PBDM, MBA Director, Operations and Community Services Curtis Shelswell Chief Municipal Law Enforcement Officer Approvals: Date: Robin Dunn, CAO May 21 , 2021 Operations and Community Services May 26, 2021 Report No. OCS2021-12 Page 6 of 6 Page 175 of 348 10,0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... The Corporation of the Township of Oro-Medonte By-law No.2021-005 A By-law to provide for the restricting and regulating of traffic and parking on highways or parts of highways under the jurisdiction of The Corporation of The Township of Oro-Medonte, and to repeal By-law Nos.2012-168,2012-181, 2013- 193,2014-008, 2014-136,2015-074, 2015-121, 2015-170, 2015-208, 2016-002,2017- 007,2020-068,2020-076,2020-077,2020-090 and 2020-091 or any other applicable by-law enacted to regulate Parking and Traffic. (Parking and Traffic By-law) Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction: highways including parking and traffic on highways. And Whereas the whole sphere of highways, including parking and traffic on highways is assigned to all upper tier municipalities non- exclusively; And Whereas Section 27(1)of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By-laws in respect to highways over which it has jurisdiction; And Whereas the part of the parking sphere of jurisdiction relates to municipal parking lots and structures; And Whereas Section 100 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, allows for the regulating or prohibiting the parking or leaving of motor vehicles on private properly without the consent of the owner; And Whereas Section 102 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, allows for the establishment of a system of disabled parking; And Whereas Sections 63(1), 101(1)and 102(3)of the Municipal Act, 2001, S.O. 2001, c.25, as amended, allows for the removal and impounding or retraining and immobilization of objects or vehicles placed, stopped, standing or parking on a highway in contravention of a municipal By-law. And Whereas Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, allows for a municipality to pass By-laws providing that a person who contravenes a Bylaw of the municipality passed under the Municipal Act is guilty of an offence; And Whereas Section 35 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, allows that, a municipality may restrict the common law right of passage by the public over a highway; And Whereas Section 432 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, allows that,a municipality may establish a procedure for the voluntary payment of penalties for By-laws related to the parking, standing or stopping of vehicles. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Appendix"A" and Schedules"A", "B", "C", "D"and "E"attached hereto form part of this By-law 2. This by-law shall be cited as"The Township of Oro-Medonte Parking and Traffic By-law." Page 176 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... 3. That By-law Nos. 2012-168, 2012-181,2013-193,2014-008, 2014-136, 2015- 074,2015-121,2015-170, 2015-208, 2016-002,2017-007,2020-068, 2020-076, 2020-077, 2020-090 and 2020-091 or any other applicable by-laws enacted to regulate Parking and Traffic are hereby repealed in their entirety. 4. And that this By-law shall come into force and effect upon the approval of fines by the Attorney General. By-law read a First,Second and Third time, and Passed this 131h day of January, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. H ghes Clef ,Yvonne Aubichon Page 177 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Appendix"A" to Bylaw No.2021-005 for The Corporation of the Township of Oro-Medonte 1. Definitions For the purpose of this By-law; "Accessible Person Parking Space" means a designated parking space or parking area under this By-law for the exclusive use of a vehicle displaying a permit in accordance with the requirements of the Highway Traffic Act, 1990, and the regulations there under and this By-law; "Accessible Person Parking Permit"means an accessible person parking permit issued under the Highway Traffic Act, 1990, and is currently valid, or a permit, number plate or other marker or device issued by another jurisdiction and is currently valid and recognized under the Highway Traffic Act, 1990, and the regulations there under; "Authorized Sign"means a sign or other device placed or erected on a highway or elsewhere pursuant to the provisions of this By-law or approved by the Ministry of Transportation of Ontario for the purpose of regulating, warning or guiding traffic; "Boulevard"means all parts of the highway save and except any roadway, shoulder or sidewalk; "Outer Boulevard"means that part of the highway lying between any sidewalk and the edge of the shoulder furthest from the roadway,or where a shoulder does not exist from the edge of the roadway; "Inner Boulevard"means that part of the highway lying between the property line and the edge of the sidewalk nearest to the property line and where there is no sidewalk, it means that part of the highway lying between the property line and the edge of the shoulder furthest from the roadway or where a shoulder does not exist from the edge of the roadway, shoulder,where such exists,furthest from the travelled portion of the road; "Commercial Motor Vehicle"means any motor vehicle having permanently attached thereto a truck or delivery body licensed as such by the Ministry of Transportation and without limiting the generality of the foregoing, includes ambulance, hearses, casket wagons,fire apparatus, police patrols, motor buses and tractors used for hauling purposes on the highways; "Corner"means the point of intersection of curbs or edges of the portion of the highway used for vehicular traffic; "Corporation" means The Corporation of The Township of Oro- Medonte; "Curb"shall include the edge of the roadway and gutters; "Council"means the Council of The Corporation of The Township of Oro-Medonte; "Driver" means a person who drives or is in actual physical control of a vehicle; "Driveway"means improved land on a highway which provides vehicular access from the roadway to a laneway or a parking area on adjacent land; "Fire Route" means any roadway, driveway, lane, ramp or other means of vehicular access to or egress from, around or from a building, or property when the fire access route is: (a)located on private property; and, (b)not less than 4.5 m.wide; and, (c)posted with required signs, and shall include any part of a parking area set aside by visible markings or markers for the purpose of vehicular movement and that has been designated by the Fire Department for the Municipality to be a fire access route; Page 178 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... "Highway" includes a common and public highway, street, avenue, parkway, square, place, bridge,viaduct or trestle, designed and intended for, or used by the general public for the passage of vehicles, including unopened and unassumed highways; "Intersection" means the area embraced within the prolongation or connection of the lateral curblines, or, if none,then the lateral boundary lines of two or more highways that join one another at an angle,whether or not one highway crosses the other; "Leave or Left When Prohibited" means the parking of a motor vehicle: 1.17.1 in excess of any time limit so posted; or 1.17.2 where a time limit is not posted in excess of two hours;or, 1.17.3 for any use other than the normal use intended for the property. "Local Board"means a local board within the meaning of the Ontario Municipal Board Act, R_S.O. 1990, c. 0.28; "Motorized Snow Vehicle"means a self-propelled vehicle designed to be driven primarily on snow; "Municipal Property" means all property owned or occupied by The Township of Oro-Medonte or any local board thereof except municipal roads controlled under the Highway Traffic Act or a municipal traffic control By-law; "Municipality" means The Corporation of The Township of Oro-Medonte; "Municipal Law Enforcement Officer"means a person duly appointed by the Corporation for enforcing the provisions of this By-law; "Occupant"when used in relation to property means: (a)The tenant of the property or part thereof whose consent shall extend only to the control of the land of which he/she is tenant and any parking spaces allotted to him under his lease or tenancy agreement; (b)the spouse of a tenant; (c) a person or The Corporation of the Township of Oro-Medonte, or a local board thereof, having an interest in the property under an assessment or right of way granted to or expropriated by the person,the Corporation or local board whose consent shall extend only to part of the property that is subject to the easement or right of way; or (d) a person authorized by an occupant as defined above in paragraph(a)or(b),to act on the owner's behalf for requesting the enforcement of this by-law. "Owner"when used in relation to property means: (a)the registered owner of the property; (b)the spouse of a person described in(a); (c) a person authorized by the property owner as defined above in paragraph (a)or(b),to act on the owner's behalf for requesting the enforcement of this By-law; "Park"or"Parking",when prohibited, means the standing of a vehicle,whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; "Parking Space"means that part of the surface of a roadway designated for the purpose of parking a vehicle; "Person"means any human being,firm, association, partnership, private club, incorporated company, corporation,tenants in common,joint tenants, agent or trustee and the heirs, executors or other legal representatives of a person to Page 179 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... whom the context can apply according to law and for the purpose of this By- law includes the owner or driver of a vehicle; "Police Officer"means a member of the Police Force or a person authorized to regulate, direct or enforce the provisions of this By-law and the Highway Traffic Act. "Private Roadway"means a roadway or laneway on private property; "Roadway"that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder and,where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively; "Service Vehicle"means any municipal vehicle, including emergency vehicles; "Shoulder"means that part of the highway immediately adjacent to the roadway; "Sidewalk/Footpaths"means that portion of a highway as is set aside by The Corporation of The Township of Oro-Medonte for the use of pedestrians; "Special Event"means those events approved by Council; "Stand"or"Standing"when prohibited, means the halting of a vehicle, whether occupied or not,except for the purpose of and while actually engaged in receiving or discharging passengers; "Stop"or"Stopping",when prohibited, means the halting of a vehicle, even momentarily,whether occupied or not,except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or of a traffic control sign or signal; "Township"means The Corporation of The Township of Oro-Medonte; "Trailer" means a vehicle that is at anytime drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property,temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn; "Traffic Control Device" means any sign, or roadway, curb or sidewalk marking, or other device erected or placed under the authority of The Corporation of The Township of Oro-Medonte for the purpose of guiding or directing traffic; "Vehicle"includes a motor vehicle,trailer, commercial motor vehicle, an automobile, motorcycle, motor assisted bicycle, a motorized snow vehicle,traction engine,farm tractor, self-propelled implement of husbandry road building machine and any other vehicle propelled or driven otherwise than by muscular power. 2. General Regulations 2.1 Where any expression of time occurs or where any hour or other period of time is stated,the time referred to shall be eastern standard time, provided however, if what is known as"daylight saving time" has been generally adopted in the Regional Area for any period of the year, under any statute, order-in-council, By-law, resolution or proclamation,whether the same is effective in law or not,such time shall be the time referred to during such period in any reference to time in this Bylaw. 2.2 The Director of Operation and Community Services, or his/her designate,for The Township, shall have the authority to place or erect and to maintain such authorized signs as are required to give effect to the provisions of this By- law; 2.3 The Director of Operation and Community Services or his/her designate,of The Township is hereby authorized to place or erect and to maintain temporary"No Parking"signs and "No Stopping"signs on any highway; 2.4 Schedules to this By-law shall form part of this By-law and each entry in a column of such a Schedule shall be read in conjunction with the entry or entries across there from and not otherwise; Page 180 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... 2.5 A word interpreted in the singular number has a corresponding meaning when used in the plural; 2.6"May"shall be construed as permissive; 2.7"Shall'shall be construed as imperative. 4.0 Distances 3.1 Where a distance is used in this By-law as part of a prohibition of parking or stopping within a specified distance of an object, structure, land or part of a highway, such distance shall be measured: 3.1.1 from the projection of the nearest curb line or edge of the roadway in the direction stated unless it is specifically stated otherwise;or 3.1.2 along the curb or edge of the roadway from a point in such curb or edge of roadway opposite such object, structure, land or part of a highway, unless the context otherwise requires, or; 3.1.3 from such object, structure, land, or part of a highway in all directions. 3.2 All distances/dimensions are measured in the metric measurement unless otherwise stated. 4.0 Exemptions Impractical 4.1 This By-law applies only to highways forming part of the road system under the jurisdiction of the municipality. 4.2 If compliance therewith be impractical,the provisions of this By-law shall not apply to: 4.2.1 ambulances, police,fire department, or public utility emergency vehicles; 4.2.2 vehicles of the Corporation or vehicles contracted by the Corporation where such vehicles are actually engaged in the performance of cleaning, maintenance, repair,construction, snow removal or other work on any highway within The Township of Oro-Medonte; or 4.2.3 tradesman bona fide temporarily stopping or parking for the purpose of loading or unloading equipment to complete minor repairs. For the purpose of this exemption"temporarily"shall mean a time limit of not more than two hours. 5.0 General Stopping or Parking Regulations 5.1 No person shall park or stop any vehicle on any highway or portion thereof unless on the right side of the highway having regard to the direction in which the vehicle had been proceeding,with the right front and right rear wheels and runners not more than 0.15 metres from the curb or boundary of the roadway, as near as the condition of the highway permits. 6.0 Parking Prohibited With Signs 6.1 When authorized signs have been erected, no person shall park a vehicle, or permit a vehicle to remain parked on any highway; 6.1.1 at the side and between the limits set out respectively in Columns 1,2, and 3 of Schedule"A". 6.1.2 within the intersection of the Rail Trail and the highway, 6.1.3 within the signed portion of the entrance to the Rail Trail. 7.0 Parking Prohibited Without Signs 7.1 When authorized signs have not been erected, no person shall park a vehicle or permit a vehicle to remain parked on any highway; 7.1.1 within fifteen metres(15m)of an intersection; 7.1.2 within three metres(3m)of a fire hydrant; Page 181 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... 7.1.3 in front of the main entrance to, or any emergency exit from any church, or other building or enclosed space in which persons may be expected to congregate in large numbers; 7.1.4 in front of or within one and one half metres(1.5m)of a laneway or driveway; 7.1.5 so as to interfere with the formation of a funeral procession. 7.1.6 in such a position that will prevent the convenient removal of any other vehicle previously parked; 7.1.7 for the purpose of displaying the vehicle for sale; 7.1.8 for the purpose of greasing, repairing, servicing or painting of vehicles except for such repairs as have been necessitated by an emergency; 7.1.9 on the roadway where the width of the roadway is six metres(6m)or less; 7.1.10 on a driveway within one metre(1 m)of a sidewalk or footpath, or if there is no sidewalk or footpath within three metres(3m)of the roadway; 7.1.11 so as to impede or obstruct the flow of other traffic during their lawful use of the highway; 7.1.12 on a boulevard. 8.0 Temporary No Parking Signs 8.1 The Director of Operations and Community Services, or his/her designate is authorized and directed to erect or place at the Director's discretion temporary"No Parking"signs on any highway used by the general public for the passage of vehicles. Temporary changes indicated by the erection of such signs shall not be effective after the next Council meeting, unless confirmed by resolution of Council at such meeting,-which resolution shall 8.2 Without limiting the generality of the foregoing, such signs shall be erected in the event of fire, or parades, or while large assemblies are in an auditorium or otherwise,for a reasonable period of time immediately preceding and following such assemblies, provided however,that such "No Parking" signs shall be erected one hour or more before such parades or assemblies; 8.3 No person shall at any time park a vehicle on any of the highway, parts of highways, or sides of highways where temporary"No Parking"signs have been erected. 9.0 Stopping Prohibited-Specified Places Without Signs 9.1 No person shall stop a vehicle or permit a vehicle to remain stopped on any highway: 9.1.1 on, or partly on,or over a sidewalk or footpath; 9.1.2 within fifteen metres(15m)of an intersection or crosswalk; 9.1.3 on the roadway side of any stopped or parked vehicle; 9.1.4 upon any bridge or elevated structure except where parking is otherwise permitted in this By-law; 9.1.5 within thirty metres(30m)of either end of a bridge or elevated structure; 9.1.6 within fifteen metres(15m)of the nearest rail of any level crossing of a railway; 9.1.7 within the turning basin of a cul-de-sac; 9.1.8 on a highway. 10.0 Stopping Prohibited—Specified Places With Signs 10.1 Where authorized signs have been erected, no person shall stop a vehicle on any Page 182 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... highway at the side and between the limits and during the times or days set out in schedule"C"of this By-law. 11.0 Parking Prohibited For Winter Road Maintenance 11.1 From the 1st of December in any year until the 1st day of April in the following year between the hours of 2:00 a.m. and 12:00 p.m., no person shall park a vehicle on highway or in a municipal lot within the Township. 11.2 No person shall park,or leave standing, a vehicle on a highway,whether attended or unattended, between October 15th and April 30th inclusive, in such a manner as to interfere with winter road maintenance. For clarity, and without limitation, if a winter road maintenance vehicle must alter its course to avoid a parked vehicle, or is prevented from entering an area it would otherwise have entered to perform winter road maintenance because of a parked vehicle,that vehicle is deemed to be interfering with winter road maintenance. 11.3 Notwithstanding Sections 11.1 and 11.2 of this By-law, legal parking is permitted with a valid permit, for recreational purposes between October 15th and April 30th inclusive, along the roadways of the locations set out in Schedule"B" attached hereto and forming part of this By-law. For clarity, and without limitation, any vehicle parked within the locations identified in Schedule "B"shall not be deemed to be interfering with winter road maintenance. 12.0 Parking Prohibited-Private Property and Property of the Municipality 12.1 No person shall park or leave a vehicle on: 12.1.1 private property without first having obtained permission from the owner or occupant of the property; 12.1.2 property owned or occupied by The Township of Oro-Medonte or any local board thereof without first having obtained written consent from The Township of Oro-Medonte or the local board unless authorized signs have been posted indicating parking is permitted; 12.2 No person shall park a vehicle or permit a vehicle to remain parked on property owned by The Township of Oro-Medonte or any local board thereof where: 12.2.1 an area that is designated by sign as reserved, unless the area is reserved for such person; 12.2.2 an area designated by sign as an area where parking is prohibited; 12.2.3 for any period in excess of 24 hours. 13.0 Fire Routes 13.1 Where signs are displayed, no person shall stop, stand or park a vehicle in: 13.1.1 designated fire route zone; 13.1.2 Within the signed portion of the highway on the side of the highway which the fire hall is located and the opposite side of the highway of such fire hall. 14.0 Permit Parking 14.1 Between May list and October 30th, no person shall park a vehicle on a highway Or in any location identified within Schedules"D"and "E of this By-law unless a valid Township permit is displayed so as to be visible from outside the vehicle. 14.2 All permits issued by the Township are valid from May 1st through till October 30th as identified on the permit face, no person shall park and display an expired permit within locations identified within Schedules "D"and "E"of this By-law. Page 183 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... 14.3 Permits shall be issued to residents, at no charge,through the Township Administration Office. Such permits will allow the holder to park in the locations specified in Schedules"D"and"E"of this By-law, provided that all other provisions of this By-law are complied with. 14.4 Permits may be purchased by non-residents for a fee as specified in the Township Fees and Charges By-law. Permits displayed so to be visible from the outside by non-residents will allow the vehicle to park in the locations specified in Schedules"D"and "E"of this By-law, provided that all other provisions of this By-law are complied with. 14.5 Should a violation under section 14.1 of this By-law continue in excess of three (3)hours,the Municipal Law Enforcement Officer may issue the vehicle/operator a second infraction, and subsequently issue further infractions every three(3) hours thereafter until such violation ceases. 15.0 Accessible Permit Parking 15.1 When authorized signs have been erected,designating a space as an accessible permit space, no person shall park or stop a vehicle or allow a vehicle to remain parked or stopped in a public parking area in a parking space reserved for persons with an accessible permit unless a valid accessible parking permit is openly displayed on the dashboard of the vehicle. 15.2 Enforcement of this Section on property other than property owned by the municipality will only be carried out upon written request by the owner. 16.0 Signs-Traffic Signals 16.1 No person shall move, remove,deface or in any manner interfere with any sign,traffic control signal, marking, or other traffic control device placed, erected or maintained under this By-law. 16.2 No person shall erect a traffic control signal, marking, or other traffic control device without authority. 16.3 No person shall place, maintain or display on any highway, any sign, marking or device which purports to be, or is an imitation of, or resembles an authorized sign or which conceals from view or interferes with the effectiveness of an authorized sign. 17.0 General Traffic Rules 17.1 No person shall drive a vehicle on a sidewalk except for the purpose of directly crossing the sidewalk. 17.2 No person shall drive a vehicle on the Rail Trail without the written consent from the Township prior to doing so. 17.3 No person shall drive a vehicle on municipal property unless in a designated parking area or on municipal roads controlled under the Highway Traffic Act. 17.4 Notwithstanding sections 17.1, 17.2 and 17.3 vehicles operated by or on behalf of the Township for the purpose of their duties shall be permitted. 17.5 No person shall drive any vehicle over any marking on the roadway where markers are in place to indicate that the marking material has been freshly applied. 18.0 Enforcement And Administration 18.1 This By-law shall be enforced and administered by The Township of Oro- Medonte Municipal Law Enforcement Officers. 19.0 Parking Infraction Notice 19.1 Where a vehicle is found parked in contravention of the provisions of this By-law, Municipal Law Enforcement Officers may complete and place upon or attach to the vehicle or give to the person driving the vehicle a parking infraction notice in the form of a serially numbered notice stating: Page 184 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... 19.1.1 the license number of the vehicle, concise description of the vehicle and the expiry date of the sticker; 19.1.2 a description of the offence; 19.1.3 the date,time and location of the alleged offence; 19.1.4 the signature of the signing officer; 19.1.5 the set fine for the alleged offence; 19.1.6 that the owner or driver thereof may make a voluntary early- payment in the amount and manner set forth and pay the fine as indicated on the parking infraction notice prior to the 15th day as set out in the Provincial Offences Act, 1990 Part II. 19.1.7 that the owner or driver thereof may enter a not guilty plea within 15 days of the offence and request a trial date be set as set out in the Provincial Offences Act 1990 Part II. 19.2 The Municipal Law Enforcement Officer shall prepare the parking ticket in duplicate and shall attach one copy of the parking infraction notice to the vehicle or give the copy of the parking infraction notice to the driver of the vehicle and deliver one copy to the Corporation. 20.0 Voluntary Payment 20.1 Notwithstanding the provisions of Section 19 of this By-law, any person served with a Parking Infraction Notice for an offence as set out in this By- law, may make an early payment in the manner shown on the reverse side of such notice within seven(7)calendar days from the date of the notice was issued. 21.0 Owner Liable 21.1 The owner of a vehicle may be charged with and convicted of an offence under this By-law for which the driver or the vehicle is subject to be charged and on conviction the owner is liable to the penalty prescribed or provided for the offence, unless, at the time of the offence,the vehicle was in possession of some person other than the owner without the owner's consent. 22.0 Exemptions 22.1 This By-law shall not apply to the Corporation, or to its employees when engaged in the maintenance of a designated parking space or the enforcement of this Bylaw. 23.0 Offences 23.1 Any person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to the maximum fine as provided for in the Provincial Offences Act, R.S.O., 1990, c.P.33,as amended and/or Part XIV of the Municipal Act, 2001, as amended. 24.0 Tow/Impound Vehicle 24.1 Notwithstanding any other penalty imposed by this By-law,the Municipal Law Enforcement Officer issuing the parking infraction notice may have the vehicle towed away and impounded at the owner's expense pursuant to section 170(15)of the Highway Traffic Act 1990,as amended; 24.2 All towing and impounding charges incurred under this section shall become a lien against the vehicle and enforced in accordance with the Repair and Storage Liens Act, R.S.O. 1990, c.R.25, as amended. 25.0 Severability 25.1 If a court of competent jurisdiction should declare any section of this By- law,or part thereof, including any part of the schedules,to be invalid,such section or part thereof is deemed severable from this By-law and shall not be construed as having influenced Council to pass the remainder of this By-law and it is the intention of Council that the remainder of the By-law shall survive and remain in force. Page 185 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Schedule"A"to By-law No. 2021-005 "Parking Prohibited" Column 1 Column 2 Column 3 Highway Side From-To Algonquin Trail East and West Sides South of Huron Woods Drive 75m Barrie Terrace South Side Colborne Street westerly for a distance of 132 m Bass Lake Side Road East North and South Sides Line 12 North Easterly 800m Bass Lake Side Road East North and South Sides Line 15 North to Line 14 North Bay Street North and South Sides Line 2 South Easterly 150m Bay Street North and South Sides Line 2 South Westerly 300m Bickle Road North and South Sides Bass Lake Side Road East of Line 14 Bidwell Road North And South Sides Emergency Parking Only turnaround at the water source cistern Black Forest Lane North Side Intersection of Ridge Road West for a distance of 140 metres Black Forest Lane South and East Sides Intersection of Ridge Road West,south and aster) for a distance of 425 metres Blackman Boulevard East and West Sides Stanley Avenue to Lake Simcoe Burnett Street West Side Warminster Side Road to the Dead end Brook Street North and South Sides O'Brien Street to the Dead end Forrester Road North,South, East and Line 3 South to the Dead Ends West Sides Huron Woods Drive East and West Sides Algonquin Trail North 75m Huron Woods Drive East and West Sides Oneida Avenue North 75m Huron Woods Drive East and West Sides Oneida Avenue South 75m Ice Road East and West Sides Lakeshore Road East to Lake Simcoe John Moon Road North and South Sides Woodland Drive to Moon Point Road Lakeshore Road East North and South Sides East of Line 7 South 500m Lakeshore Road East North Side Line 9 South easterly 500 metres Lakeshore Road East North Side Line 12 South,easterly 126 metres Lakeshore Road East South Side Easterly 175 metres from Line 9 South for a distance of 300 metres easterly. Lakeshore Road East South Side Line 12 South to Line 13 South Lakeshore Road East South Side Line 14 South Easterly 430m Lakeshore Road East South Side Line 14 South Westerly 150m Lakeshore Road West North Side Elvyn Crescent easterly 60 metres Lakeshore Road West North Side Line 7 South westerly 470 metres Lakeshore Road West South Side Line 6 South to Line 7 South Line 2 South East Side Bay Street northerly 150 metres Line 2 South West Side Ridge Road West to Lake Simcoe Line 3 South East and West Sides Dead end northerly 140 metres Line 4 South East and West Sides Dead end northerly 200 metres Line 7 North East and West Sides Highway 11 northerly 500 metres Line 7 South East and West Sides Hwy#11 to Ridge Road Line 7 South East Side Lake Simcoe northerly 210 metres Line 7 South West Side Lake Simcoe northerly 875 metres Line 8 North East and West Sides Highway 11 northerly 500 metres Line 8 South East and West Sides Hwy#11 Southerly 800m Line 8 South East and West Sides Hwy#11 to Ridge Road West Line 8 North West and East Sides Old Barrie Road East to Bass Lake Side Road East Line 9 North East and West Sides Highway 11 northerly 500 metres Line 9 South East and West Sides Hwy#11 to Ridge Road West Line 9 South East and West Sides Lakeshore Road East to Lakeshore Road East Line 9 South East and West Sides Lakeshore Road East to Lake Simcoe Line 12 South East Side Lake Simcoe to 125 metres north of Lakeshore Road East Line 12 South West Side Rail Trail south to Lake Simcoe Line 15 North East Side lHwy#12 South to Bass Lake Side Road Line 15 North West Side Hwy#12 southerly 200 metres Line 15 North lWest Side Bass Lake Side Road northerly 825 metres Page 186 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Line 15 South East and West Sides Maplewood Parkway Northerly 50m Line 15 South IEast and West Sides Maplewood Parkway to Woodland Drive Page 187 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Schedule"A"to By-law No.2021-005 "Parking Prohibited"-continued Column 1 Column 2 Column 3 Highway Side From-To Mill Street East and West Sides Robinson Street Northerly 100m Mill Street East and West Sides Robinson Street to Lake Simcoe Moon Point Road South Side Woodland Drive to Woodland Drive O'Brien Street East Side Ridge Road West to Bay Street Poplar Crescent North and South Sides Lakeshore Road East to Lakeshore Road East Richelieu Road East and West Sides Champlain Crescent to Warminster Side Road Robinson Street North and South Sides Dead end Westerly 60m Robinson Street North and South Sides Mill Street Easterly 50m Roeburn Beach Road North and South Sides East and West from Bickle Road Scottdale Drive North and South Sides All of cul-de-sac and easterly 30 m from cul-de-sac Ski Trails Road North and South Sides County Road#93 Easterly 100m Stanley Avenue North and South Sides Blackman Boulevard to Dorothy's Drive Stanley Avenue North and South Sides Creek Lane to Dorothy's Drive Stanley Avenue South Side Creek Lane Westerly 100m Warbler Way East Side Moon Point Road to including the cul-de-sac Warminster Side Road North and South Sides 500m East of Richelieu Road Warminster Side Road North and South Sides 50m West of Richelieu Road Woodland Drive West Side Between the two bridges and 60m North and South of he two bridges Woodland Drive East and West Sides [Approximately 140 metres south of John Moon Road Or a distance of 300 metres southerly. Page 188 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Schedule "B"to By-law No, 2021-005 "Parking for Purpose of Winter Recreational Activities" Column 1 Column 2 Column 3 Highway Side From-To 516 Sideroad East side 50 metres north of Ridge Road West to the Rail Trail Black Forest Lane North Side 140 metres from the intersection of Ridge Road West and Black Forest Lane to the cul-de-sac Lakeshore Road East North Side 125 metres east of Line 12 South to 125 metres west of Line 13 South Lakeshore Road West North Side 470 metres west of Line 7 South,westerly for a distance of 930 metres Line 6 South East Side Lakeshore Road West to Lake Simcoe 210 metres north of Lake Simcoe to 15 metres south Line 7 South East Side of the Rail Trail Line 11 South East Side Hawkestone Wharf Gate northerly 150 metres Line 12 South East Side 125 metres north of Lakeshore Road East to 15 metres south of the Rail Trail. Line 14 South East Side From 50 metres north of Lakeshore Road East for a distance of 528 metres Woodland Drive North Side 125 metres east of Line 15 South,easterly for a distance of 150 metres. Page 189 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Schedule"C"to By-law No.2021-005 "Stopping Prohibited" Column 1 Column 2 Column 3 Column 4 Highway Side From-To Prohibited Atlantis Drive East Side 60 metres north of Bass Lake Sideroad Anytime northerly to Hwy 12 Page 190 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Schedule"D"to By-law No. 2021-005 "Permit Parking Areas" Column 7 Column 2 Column 3 Column 4 Location Side From To Church Street Both sides Line 2 South Dead End Dicker Lane Both sides Lakeshore Road East End of Road Elvyn Crescent Both sides Lakeshore Road East Coventry Court Grandview Crescent Both sides Lakeshore Road East Lakeshore Road East Indian Road Both sides Memorial Crescent Memorial Crescent Kirkpatrick Street Both sides Lakeshore Road East Tudhope Boulevard Lakeshore Road East South sides Approximately 15 metres east For a distance of 160 metres of Line 9 South easterly Lakeshore Road West North side Approximately 15 metres east For a distance of 700 metres of Elvyn Crescent easterly Line 2 South East side Approximately 150 metres For a distance of 15 metres south north of Bay Street of Ridge Road West Line 11 South Both sides Franko Street For a distance of 150 metres souther) Line 13 North Both sides South Side Bass Lake Bass Lake Side Road East Line 15 North West Side Approximately 200 metres For a distance of 300 metres south of Highway 12 south Memorial Crescent Both sides Lakeshore Road East Lakeshore Road East Mitchell Road Both sides Lakeshore Road East Grandview Crescent O'Brien Street West side Approximately 15 metres For a distance of 15 metres south north of Bay Street of Rid a Road West Petherwin Place Both sides Line 13 North Cul-de-sac Rail Trail Drive Both sides Tudhope Boulevard Springhome Road Shelswell Boulevard Both sides Elvyn Crescent Lakeshore Road West Springhome Road Both sides Rail Trail Drive Kirkpatrick Street Tudhope Boulevard Both sides Lakeshore Road East Kirkpatrick Street Turdhope Boulevard Both sides Kirkpatrick Street Rail Trail Drive Page 191 of 348 10.0 OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Schedule"E"to By-law No. 2021-005 "Permit Parking-Other Designated Areas" Column 1 Column 2 Location Area Bayview Memorial Park Designated areas on the property Carthew Bay Boat Launch Designated areas on the property Carthew Bay Boat Launch(Lakeshore Road East) Designated areas on the property Line 9 Boat Launch Designated areas on the property Shanty Bay Boat Launch Designated areas on the property Shanty Bay wharf Designated areas on the property Shelswell Park Designated areas on the property South Side Bass Lake Park Designated areas on the property Page 192 of 348 10J) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... THE HONOURABLE ESTHER ROSENBE'RG ;%, _ L'HONORABLE ESTHER ROSENBERG REGIONAL SENIOR JUSTICE ( JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE t 1 COUR DE JUSTICE DE L'ONTARIO CENTRAL FAST REGION REGION DU CENTRE-EST 50 EAGLE STREET WEST 50,RUE EAGLE QUEST NEWMARKET,ONTARIO DY 601 NEWMARKET(ONTARIO) L3Y 681 TELEPHONE/TELEPHONE(905)8S3-4890 rAX/TELECOPIEUR(905)SS3-4891 January 18, 2021 Mr. C. Shelswell Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 2E0 Dear Mr. Shelswell: RE: Set Fines — Part I & II The Township of Oro-Medonte Enclosed herewith please find the Order and the schedule of set fines. The setting of the fines does not constitute my approval of the short form wording used to describe the offences. Please forward a copy of the Order and the Schedule of set fines to the POA Court in Simcoe County. Yours uly, s r Rose berg" �+ Regional Senior Justice Central East Region /bmw Enclosures Page 193 of 348 10J) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By Law 2021-005, for the Township of Oro-Medonte, attached hereto is the set fine for that offence. This Order is to take effect January 18, 2021. DATED at Newmarket this 181n day of January, 2020 s er Rosenberg Regional Senior Justice Central East Region Page 194 of 348 10J) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Township of Oro-Medonte By-law No. 2021-005 Being a By-law to provide for the restricting and regulating of traffic and parking on highways or parts of highways under the jurisdiction of the Corporation of The Township of Oro-Medonte. Part I Provincial Offences Act Item Short Form Wording Provisions Creating Set Fine or Defining Offence GENERAL REGULATIONS 1 Removal or damage to traffic control device Appendix A, s. 16.1 $300.00 2 Erection of traffic sign without authority. Appendix A, s. 16.2 $300.00 3 Interfere with authorized sign Appendix A, s. 16.3 $300.00 4 Place unauthorized sign on existing sign Appendix A, s. 16.3 $300.00 5 Drive vehicle on sidewalk Appendix A, s. 17.1 $200.00 6 Drive vehicle on rail trail Appendix A, s. 17.2 $200.00 7 Drive vehicle municipal property unauthorized Appendix A, s. 17.3 $200.00 NOTE: The penalty provision for the offences indicated above is Appendix A. Section 23.1 of By-law No. 2021-005, a certified copy of which has been filed. Page 195 of 348 10J) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... PROVINCIAL OFFENCES ACT Part II IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By Law 2021-005, for the Township of Oro-Medonte, attached hereto is the set fine for that offence. This Order is to take effect January 18, 2021. DATED at Newmarket this 181h day of January, 2020 L- 15(siher Rosen rg Regional Senior Justice Central East Region Page 196 of 348 10J) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Township of Oro-Medonte By-law No. 2021-005 Being a By-law to provide for the restricting and regulating of traffic and parking on highways or parts of highways under the jurisdiction of the Corporation of The Township of Oro-Medonte. Part tl Provincial Offences Act Early Provisions Creating Payment Item Short Form Wording Set Fine or Defining Offence within 7 days GENERAL REGULATIONS 1 Park on wrong side of highway Appendix A, s. 5.1 $40.00 $60.00 2 Stop on wrong side of highway Appendix A, s. 5.1 $40.00 $60.00 3 Park in a no parking zone Appendix A, s. 6.1.1 $40.00 $60.00 4 Park within the intersection of the rail trail Appendix A, s. 6.1.2 $40.00 $60.00 5 JPark within no parking zone of rail trail Appendix A, s. 6.1.3 $40.00 $60.00 6 Park within 15 m of an intersection Appendix A, s. 7.1.1 $40.00 $60.00 7 Park within 3 m of a fire hydrant Appendix A, s. 7.1.2 $40.00 $60.00 8 Park blocking entrance or emergency exit Appendix A, s. 7.1.3 $80.00 $100.00 9 Park in front of a laneway Appendix A, s. 7.1.4 $40.00 $60.00 10 Park in front of a driveway Appendix A, s. 7.1.4 $40.00 $60.00 11 Park within 1.5 metres of a laneway Appendix A, s. 7.1.4 $40.00 $60.00 12 Park within 1.5 metres of a driveway Appendix A, s. 7.1.4 $40.00 $60.00 13 Park so as to interfere with funeral procession Appendix A, s. 7.1.5 $40.00 $60.00 14 Park so that previously parked vehicle is Appendix A, s. 7.1.6 $40.00 $60.00 obstructed 15 JPark to display vehicle for sale Appendix A, s. 7.1.7 $40.00 $60.00 16 JPark to repair or service a vehicle on highway Appendix A, s. 7.1.8 $40.00 $60.00 17 Park on roadway where width of roadway is 6 Appendix A, s. 7.1.9 $40M $60.00 m or less 18 JPark on a driveway within 3 m of a roadway Appendix A, s. 7.1.10 $40.00 $60.00 19 Park on a driveway within 1 m of a footpath Appendix A, s. 7.1.10 $40.00 $60.00 20 Park so as to obstruct traffic Appendix A, s. 7.1.11 $40.00 $60.00 21 Park so as to impede traffic Appendix A, s. 7.1.11 $40.00 $60.00 22 Park on a boulevard Appendix A, s. 7.1.12 $40.00 $60.00 23 Park in a temporary no parking zone Appendix A, s. 8.3 $40.00 $60.00 24 Stop on sidewalk Appendix A, s. 9.1.1 $40.00 $60.00 25 Stop within 15 m of an intersection Appendix A, s. 9.1.2 $40.00 $60.00 26 Stop within 15 m of a crosswalk Appendix A, s. 9.1.2 $40.00 $60.00 27 Stop on roadway side of stopped or parked Appendix A, s. 9.1.3 $40.00 $60,00 vehicle Page 197 of 348 10J) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... 28 Stop on bridge Appendix A, s. 9.1.4 $80.00 $100.00 29 Stop within 30 m of either end of a bridge Appendix A, s. 9.1.5 $80.00 $100.00 30 Stop within 15 m of the rail of railway crossing Appendix A, s. 9.1.6 $40.00 $60.00 31 Stop within a cul-de-sac Appendix A, s. 9.17 1 $40.00 $60.00 32 Stop on a highway Appendix A, s. 9.1.8 $40.00 $60.00 33 Stop in a no stopping zone Appendix A, s. 10.1 $40.00 $60.00 34 Park between 2:00 a.m. and 12:00 p.m. from Appendix A, s. 11.1 $40.00 $60.00 Dec. 1 to April 1 35 Park so as to interfere with winter road Appendix A, s. 11.2 $80.00 $100.00 maintenance 36 Park on private property without permission Appendix A, s. 12.1.1 $40.00 $60.00 37 Park on Township property without permission Appendix A, s. 12.1.2 $40.00 $60.00 38 Park in designated reserved area Appendix A, s. 12.2.1 $40.00 $60.00 39 Park in designated area where parking Appendix A, s. 12.2.2 $40.00 $60.00 prohibited 40 IPark in excess of 24 hours Appendix A, s. 12.2.3 $40.00 $60.00 41 Stop in a fire route Appendix A, s. 13.1.1 $100.00 $150.00 42 Stand in a fire route Appendix A, s. 13.1.1 $100.00 $150.00 43 Park in a fire route Appendix A, s. 13.1.1 $100.00 $150.00 44 Stop within the entrance to a fire hall Appendix A, s. 13.1.2 $100.00 $150.00 45 Stand within the entrance to a fire hall Appendix A, s. 13.1.2 $100.00 $150.00 46 Park within the entrance to a fire hall Appendix A, s. 13.1.2 $100.00 $150.00 47 Park without permit Appendix A, s. 14.1 $60.00 $80.00 48 Park in a designated accessible parking space Appendix A, s. 15.1 $300.00 $350.00 49 Istop in a designated accessible parking space Appendix A, s. 15.1 $300.00 $350.00 NOTE: The penalty provision for the offences indicated above is Appendix A. Section 23.1 of By-law No_ 2021-005, a certified copy of which has been filed. Page 198 of 348 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 (a 2t Page 199 of 348 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. 6-0 m L O N � � O O a) � w c Q M U N U � � z a) — .— .0 .� m - O > 2 o M QL L -0 U O U U > N +-+ � U E m �O :tfCL CD �, � -r W CU L _0 O O � � .O O O U O C }' O N .; •O a) m N 0 O m m � E O a) Q c- 6 ♦= m m■� L O 0) T (� U m O m N O U 6- a V O O O a) O � p �_ Q L N O U O a) (6 a) m >> m cam!) L N }' 70 0 0 0 N O .� m a) -0 > O L O O O .� � O O O N Cl- � U) p 4-- a) O O O O� L O N L E U O 4 O Q E O C m _ > •> � Q •— E U 0 0 0 0 O � 0- 0- o 0 ca O . � a) C U O }' }' m -0 N 0 w O > O Nc- -0 O U ~ - D � 0 0 � � A ma V O O ° m m a) Page 200 of 348 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. (D + N Q U) w N !E (2 ° N CY) O (D N � � N M O 4 ° � U ♦--+ C.) — QL QL 4-0 ' x CU CO i a- N a) W —O ° � O O NO 4-0L CD Cn � O V C - O X 4-0 i ° + N — U Cn Ng = O ° CU 0 N '� N a) O Cu LCn (U � N N N .04-0 4-0 OV CU L cn 4-0N C/) 1 _ w a)Cu a) N to 5 Cu N +� QL �_ Cu O �_ O E CL � '> a) 0 '> CU O � L- ° O V mQL0 Page 201 of 348 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. Q - .� O •> W U L � d Cu E L 0 C: CL o4 M 0 -0o O m a) a� C .L U O Cn � cn �0 0 m cn •— C: 0- 0- Q �O i > O O a) a) a) 4-0L m +-+ .� O 'C O O -0 > a) 4-0 Q 0 Cu a) �N 6 a)( E Q r Cu 0 C ' N = O O 0 0 . 00 O CU i (U O O to � � — }' V '> '� a 0 a) O E � o � `� � `� .� tj 4-0 c}n � a) o a) !E ° ° 0 .- o o a) � C � o a)8L -0 O A A Page 202 of 348 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. L A O ec 42 � N •; CY) a) Cu 0 CU CL a) E Cn M 4- a) '— .o 0 CU � `U a) '> Cu 0- ° � a o0- > w Cu E) � � o � � � a) o O 4-0 EQ- C� L p o �, 4-0 a) ::) � � 4- 1.` p Cu ca vCuo06 0 = Cnp iIZ- p 4-0 �� Cn M � � o . Cu 0 F— V 0 � a .� > � �� O CL a) U) 4- 0 MU •— - � a2iQ ° � � 0) M � o a) � � -a U cn � E Cu — O � � � � A Page 203 of 348 11 .a) Robin Dunn, CAO re: Update on COVID-19 Actions. A O L �� W ' , c= C/) Cu x C/) C O4-0 +-+ 'U O o M 0 CY CL 0 Cu ( (^ C a) E }, C: N O cn E a� +� CD o a) CnnCnL Cu C Cu _O L ,to L E �6 +� O .C/) (1) 7C3 Cu O Cu 0 w O iF a) Cu L Cu 0 n Oe .0 � � aL-+.0 U a) � 'p � U .� � O E 0- N -0 EO � 0 .— O O > (1) (1) C: 2 , C) O ' (1) .0 U r U o 0 Cu > ° > Q ^ L - O I..L I o Q E .L � A � � N 0) V O Page 204 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council anzo ... Township of Report epo t Proud Heritage, Exciting Future Report No. To: Prepared by: CS2021-13 Council Vanessa Cooper, EA Mayor and Council & CAO Meeting Date: Subject: Motion # May 26, 2021 Corporate Projects Status Update — March, April 2021 Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. CS2021-13 be received. Background: As requested by Council and identified in Report CSI 2013-05, Township staff commenced reporting on Corporate Project Implementation in October 2013. This report provides Council with snapshot details of both capital project implementation as well as other projects of significance to the municipality. As identified at the June 22, 2016 meeting of Council, the structure has been reduced to show a one-year rolling report, with the history retained on the website within previous Corporate Projects Status Update reports. Attached as Appendix A is the March, April 2021 Corporate Project report. Analysis: Not applicable. Financial / Legal Implications / Risk Management: Not applicable. Corporate Services May 26, 2021 Report No. CS2021-13 Page 1 of 2 Page 205 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council an... Policies/Legislation: Not applicable. Corporate Strategic Goals: Enhanced Communications and Customer Service Consultations: Senior Management Team Attachments: Appendix A: Corporate Project Tracking — March, April 2021 Conclusion: That the update on corporate projects be received for information. Respectfully submitted: Vanessa Cooper Executive Assistant, Mayor and Council & CAO Approvals: Date: Donna Hewitt, Director, Corporate Services May 18, 2021 Robin Dunn, CAO May 19, 2021 Corporate Services May 26, 2021 Report No. CS2021-13 Page 2 of 2 Page 206 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council an... o — o O O CO m m } o Q o O m U) 6 U) .= U) `� L � � V i +� O O O - a O O ° Q N c� (Ln N v N L N r a1 U) U) L c� O �� O 1 (n U (n COCQ O = N (� O U °U N Q7 U O = = > -0 N •O E O L ` ° N Q a) U a)(B W � O> 7-0 U L L >' U) a 40 L U) U) U o O O a- O — N Q O CO O ° N � W O m L �_ U COU U O Q O N N U) �'� O N N N Q O ° O o U Q0 � � 0 cn o � � o � = o o ° � � °� N N Qo L N E 0) N a) L - +� (� N U) O U - +� +� (C (a U) 4 'L U O > Q U W O Q n U) (n U L 0) L L E L Q o� cz (nU ° V>1 0 0 aoi (ten c°�i o •a' o > Qo ° 0) o o (n En> x (a W I L L L N .0 � a1 I o � N o CL = L N 0)� i L Q L N Q CO ON Q E N ^E ^E L M CO Z5Z CO � W W L V f L L ate+ -0 = >, QO > U O - L N Q = m (D 0 0 U O N p (B N O N � LL U) NOZON ALL 2N LLB t) O L a J �' 0 (n i Q Q U = v � c c�a m 00 0 0 " a� 0 > > 0) Q ° O U0- � Qa Page 207 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council an... o LE a) o > ohm � .2 � > O � EF4 _0 - o N N ° N a) N � a) � � � >,L O> O, L O � LL M .— >, m — > to _ O Q cn N Q .QH Q O O O > O vi J U N = N Cm -0 (L o o a o a) m 0Oi O O >, N O ^LL\\/ > O Q 06 UO +(On (tLoQ a) a) +aJ) (B � , • O O� ( O C N Q O � a CV E � � E � E UQc =E CV N EaU) O ° Q �+N� Na B OO O + } QB . 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L O a) O 0 t (D C Vca Oi O U a1 > O cC a) O CO > ai Cy cAAa`` 0 N E N O 0 V a) ca a 70 a) O a) �H o �_ NE " 0 � 0- 0U O N ) 0 N (B cC O ,+�= = o a) 4+ OC tB a .QO> C N 4+ a) CU " CUY C14 0)O C14U 0 N (II E N (B U V Ali, tAA�,, to 0 U L C = W L Q 0 (� 0- O o W i L 0 .0 L N o E z a) 0) �' > i E O 0 -0 L L —Qa) r_ EE0 U = -O mm E� � / ff 0 t_ _ a) JN � a > _ + Oa) 0 _ m m O cB> ,-FU — a) O O Co (n Q O O Y a) O t Y � ' U CU ((QCU _0 = 0 `� m o > Q o L Y N V C t� N Q ++ o 00 � � � mQE00 o cUoo o � N � � cnU � ° Z � 0 0� cB CU0 Z a- N Z U � � � +� a) N - N C:)C) ^i j L O i i �N L L N CL ? a) L L N Q Q L O CU L � -0 L L L -0 -0 � L a : N L L 0CU a) a) O M i C> r CDa 0 �O a) a) O r t) <Q + > UN E � � N � N >+ QN +� > UN � � � N LLB OZ0C\1ALL N LLC\1 � (nONOZ0ONALL N2t CO m D N � a }L CO (Q � (n (n m J t� CU L a) R C N++ = U _ N r— O O � a) C O v a) cC L C ; •� L ?� cB = o Q a1 Page 227 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council an... _ W ^L' L6 70 � � W A LO L W LO U 0fn (D O 0) CU L N ^^ L ^ CU � O iL CO W E U > L L N > =O (B N -00 -0 C/) >% — C N E L O m 0- �' U >(B U L L -0 N �� y COa) -0Q O cB O N L Q N +� O 0 O Y U a0'' L +' N >'CU U N � N N a) C 0 L L O U O "0 C CU O U 0 0 m O U N Q O O �+ V J O CO Ua) O O C = ON} O O O (� 0 CO O 0--0 cn � � N 0) N V O L CO CO COCO N O Q U N L N O L L N E N E O Q +� N U N E T N N N 0 0 0 ° Co E m � � Y °� o � m ai mU m � CO � 5 >, z z z a � � � � � voicnLOL � v� C) C/5 CCU = z � O Lcn � cn N — N L ^ Q L N Q L L L N CL I L L I Q O_Q N N Q >,N OQ N N Q >,N O� m � � L � � m � � L � � Q O p N N � L� t� r L N Q � p N N (B L V r i N Q >+Q� +� > U � Z3 iN >, Q� 0 > U � � � LNG >, Q� N O U O N O CO N m O N N O U O N O CU N O N N O � CONOZ0N L.L. � N L.L � � (nN 0ZON L.L ^2NL.L (nN Y 0 (Q O) 0 N N N N O U U � Q L m O = I O N O = 0 0 -0 � � � m 0)O O N E _ E .N O Im i > > N r N ca 0) O O o p a1 ca � U- a Page 228 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council an... 0 1 Q 70 U E � L U C: 0- > > � Y - -0 LO LO L 0 Oo ti ti 0vi0 F- U0 a) (D 5 0 a) a) 3 m co w CU 0 0 0) 0) a) Q m Q-A ai ai 0 i C � o `� Z3 M = a) 0 m moo_ -0m 0 0 0 � U CU _0 mw a) L CO Q N O E N �- 0) 0 CO L a) a) a) C: CO CU0 2 4? m _ _0 — O _ m C C LL 0)+, U U Co O U + fn + U m CO NO NO t � 0w0_ 0 0O CO U U E �� �� U U W � U .a? oU U > > L >, E -0 O O a � o 0 0 0 0 0 0 0 -0 ° � � 0 z z cn 00. 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I Q L L N QVi N L I Q >'N N Q ,N Co C\J i +O iQ O f Q O L V r L W Q O a) Q Z L U r L W -0 QN > N -0 LN -0 N > UN � � LN - O N N p U O N p (II N CU O N N p U O N p (II N O N � NLL (nNOZ0N —ALL LL (nNOZ0N ALL �2N LLB -0 - 0 0 0 N N 0 N N N N � � L U U 0 U Q � Q O L FU 3 � L E - i W O ,O c) U LL cf) Page 230 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council an... E U)U > a) a) a) N a) L Q 7 CO O I O N O -0 � N + L 00 O 0 �� �O I L L W L O O +, CO to O U a) Q U) L � O = cII 70 •0 N 0) a) O (D B 70 U � � aj U) _ � O Q U) a) o 4 U •� m a) N O O E + to 06 Q � O N U O � O cC a) +, o >+ COCO_ _ N a) }I L04 I �I, �U (II (II = + (II a) + a) U L � .� O � � O U � � � t Qcn � •E N No a) O O ° O O a) O O O N U O Z 0 Z fn ton- Z Z Of Z U m Z a_ a_ IL _ N _ N _ N L O •L L O •^L L L L O L L N Q L L N ii 0)_Q a) a) a >,oN O)JO ^, a) a) >,Q >,oN 0)_C �I, a) a) I� -7 -0^, 0^ L � � O � ^C, Li-0^ - ,, L � � O M SIC, -7-0^ 0 L Q W O W W CO L V r L NI, O W W CO L V f L ^N, W W M L C) � W C) � W O M >+ QN +� > UN � � LN >, QN + > UN � � LNG C >, +� > U C � N O U O a) p (II a) O a) O U O a) p (II a) m O a) 5 a) U O a) a) � (nNOZ0N —ALL LL (nNOZON —ALL ^2NLL 0 Z 0 LL Y 0 p m m m 7FD 0 U U Q � L O � a) _ 5 t> O L ._ 5 a1 = N a) O � cnv 0aCn Page 231 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council an... } N C� �-- L li (a W O 70 L O Y Q O CO O r O QN N O CO cm U vQ 0oO v 4,> ' - a CO O UO 4, N O M a Op O N C[O 4— = N N L L Z Z Q O � � O � (6 0- O U i0C O O r •O cC ++ .� � •� � Lam ? 0) a) QO (U (U � = U .> 3N >'N3 (6 a4) CSC �>—, N ) C .O R C N L O N N to O N O �+ V O -0 M C } +� O O (n t0 to — N 0 i ° to r cn O 70 tV N ~ CU a) m CU > O r O O y 0 a) E E N cC N U O N •� N E O E N O O U Ca 0 70 N m U Q a N O O 4) L O cC N U to ++ O J Y N Q (!) `� 0_� 2 J N O Z 0_ O N O N O M i -1 i tq i 1 O (Q .— J CC Z i i L i N CY Q N — N — N Q ON .Q ON .Q ON •Q Z N CV L V T- � L V � L V r � N �' � N � � � N � N LLL LLL 2N Ali 2N CA ° O ° O O Ca CB CQ = L >+ J Cn Cn I 0 Za N � Q Q Q m ca (L LU m V :E •L CV 4) r CL 4.0 CC N a a. FL � w (1) 0- 4) Page 232 of 348 11 .b) CS2021-13, Vanessa Cooper, Executive Assistant, Mayor & Council an... () � -0 ON }' _ 0) Qo c� o `L 3 N m Q° a >, 0 Q > m amo , °>' o — o � O� m � � 0c).o m (D � a) _ O � C o o a' o0 a'Y m o ^ a E o C �+ L CU � � C 70 (U Y O O � N L E '— 0 U (U CU C CU Q L S v� � a� E_ O a) L Q 0) �_ O 2 a) L O a) E � m tea- 0) E � m N � .LooEoo � W O O O E Q cB cn N L 3 = + + . p �a) O > O ' _ N O CU O c cu c aN oCn - o o0 U a� > O Oc rB +O+ O O cn Q Y - o (L) � " o � mEoo0 '7-- Q � �am " 0N � � N j L O ^L O ^, L L N CL VJ A♦ A♦ L N L . L (Q ON Q E a) E E L cB t U O (1) LLB � U) F40z0 (14 L.L N m m J CL Q N a) O a) Page 233 of 348 14.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... TounsFip of/fl Prnrid Heritage,Exciting Future Permit Parking Please Note: Due to COVID-19 the information on this page is subject to change. Please make sure to check the COVID-19 webpage for the most up-to-date information. Please Note: Full seasonal parking permits will be issued to Oro-Medonte residents only at this time. Parking permits are required May 1st to October 31 st annually. Township residents may acquire up to two (2) parking permits free of charge (as per By-law 2021- 005.) Previous Parking Permit Holders - Township residents/property owners who received a parking permit in 2020, will be automatically mailed two (2) 2021 parking permits to the address on file by the end of April, 2021. New Requests for Parking Permits - For those residents who did not acquire a parking permit last year but would like one this year, during the week of April 26, 2021, information will be shared via social media regarding how to obtain your permits. Parking enforcement begins May 1, 2021. Parking is authorized in specific areas of the Township by Permit only. Parking permits must be displayed whenever the vehicle is parked in any of the below-noted areas. This is applicable seven (7) days a week, for the period commencing May 1 st to October 31 st annually. Locations requiring permits: Bayview Memorial Park (687 Lakeshore Rd. E.) Line 9 Boat Launch (bottom of Line 9 at Lake Simcoe) Carthew Bay Boat Launch (bottom of Line 14 at Lake Simcoe) Shanty Bay Boat Launch (bottom of Line 2 S. at Lake Simcoe) Shanty Bay Wharf (25 Bay St.) Other municipal roadways, as outlined in Parking and Traffic By-law 2021-005. Non-Resident Parking Please Note: Non-resident parking is not available at this time. Any vehicle parked in identified areas or specified highways without displaying a valid permit between May 1 st to October 31 st, will be ticketed and subject to a fine. Page 234 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... ORILLIA PUBLIC LIBRARY BOARD MONTHLY MEETING OF THE LIBRARY via Zoom WEDNESDAY APRIL 28, 2021 at 3:30 p.m. Purpose Statement We are a gathering place to share expertise,support learning, inspire connections and create possibilities for everyone. CONVENING OF THE MEETING— Board Chair 1. Call to Order—Notice and Quorum 2. Approval of the Agenda MOTION 3. Disclosure of Pecuniary Interest and General Nature Thereof CONSENT AGENDA MOTION 5 min 1. Approval of the Minutes of the March 24, 2021 Regular Meeting 2. Reports for March 2021 a) CEO Report b) Children&Youth Services c) Circulation&Technical Processing Services d) Information Services e) Quarterly Report Jan-March 2021 3. Correspondence a) March 15, 2021 CRA Confirmation of annual information return filing for 2019 b) March 25, 2021 re: new response completed for Surprise Bags for kids and teens c) April 2021 CFLA Spring Update d) April 5, 2021 re: Historic Light on Samuel Ginsberg DISCUSSION AGENDA 1. Business Arising from the Minutes a) min 2. Reports of Board Committees and Representatives a) Finance Committee— December 2020 &March 2021 Financial StmtsMOTION 5 min b) Ad Hoc CLEO Recruitment Committee—Update 5 min 3. New Business a) Approval of Reserve Expenditures for 2020 MOTION 5 min IN CAMERA—Service Review MOTION 45 min 4. Announcements 2 min 5. Adjournment 1 min PLEASE NOTIFY SECRETARY AT 705-325-2338 IF UNABLE TO ATTEND Page 235 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... ORILLIA PUBLIC LIBRARY BOARD MINUTES OF MARCH 24, 2021 MEETING A regular meeting of the Library Board was held via Zoom commencing at 3:31 p.m. PRESENT — BOARD — K. Seymour, Chair; C. Seiberling-Spriggs,Vice-Chair; M.Ainsworth; E. Chwilkowska; M. Edwards; D. Elder; R. Greenlaw; P. Helm; G. McCorkell; R. Stevens; D. Watson STAFF — S. Campbell, Chief Executive Officer S. Papple, Director of Children's &Youth Services K. Absalom, Director of Information Services M. Wilkinson; Head of Circulation Services T. Chatten, Recorder ABSENT — none CONVENING OF THE MEETING Call to Order — K. Seymour called the meeting to order. Approval of the Agenda MOTION#2021:19 Moved by D. Watson, seconded by P. Helm that the Orillia Public Library Board approve the Agenda of the March 24, 2021 meeting. CARRIED Disclosure of Pecuniary Interest and General Nature Thereof— None CONSENT AGENDA OLA Conference reports from staff who virtually attended session provided a good synopsis of experiences and ideas shared. The virtual sessions were more accessible for staff, with no travel and no staffing issues for those left on site but did not provide for face to face meetings/networking opportunities which could result in hybrid attendance in the future. The CEO report revisited the security concerns with no response yet from the City as Council had suggested the Library work with City staff to determine options. Chippewas of Rama are moving forward on a contract for library service. Further discussion to follow and may ask City Council to increase board memberships to allow representation on the Board, which will provide good diversity and promotion of library services. MOTION#2021:20 Moved by D. Elder, seconded by R. Stevens that the Consent Agenda of the March 24, 2021 meeting be adopted. CARRIED Page 236 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... DISCUSSION AGENDA BUSINESS ARISING FROM THE MINUTES Donation Cards at Funeral Homes — This was revisited at the request of the Board and found not to be a viable option for donations. K. Absalom has attended a webinar recently to be able to put a link for donations on our website through Canada Helps as other libraries have done, we are awaiting next steps. REPORTS OF BOARD COMMITTEES AND REPRESENTATIVES Finance Committee — There have been delays in receiving financial statements due to new treasury staff and year end completions, some lines of the statement for February 2021 are incomplete. The CEO will contact City staff for updates on missing information, but February statement was presented for review. MOTION#2021:21 Moved by C. Seiberling-Spriggs, seconded by M. Edwards that the Orillia Public Library Board receives the February 2021 Financial Statements as presented. CARRIED Personnel Committee — Service Review — The CEO provided an update that a draft is being completed with a March 30 meeting date to approve, with the document being presented at the April board meeting. The CYS Director job advertisement has been posted. Ad Hoc CLEO Recruitment Committee — The committee is moving forward with interviews set to begin March 31, with second interviews to be conducted April 8. NEW BUSINESS Board Representation from Rama First Nation MOTION#2021:22 Moved by P. Helm, seconded by D. Watson that the Orillia Public Library Board enter into a contract for library service for 2021 with the Chippewas of Rama First Nation at a rate of $45 per member or resident. CARRIED ANNOUNCEMENTS This is Sarah Papple's last meeting, the Board offered their congratulations on a job well done with the CYS department as she has been a tremendous asset to the Orillia Public Library and will be missed. Best wishes in her new endeavors. Adjournment at 4:15 p.m. moved by R. Stevens, seconded by P. Helm. BOARD CHAIR CHIEF EXECUTIVE OFFICER Page 237 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... Board Report March 2021 (April 2021 Meeting) Prepared by Suzanne Campbell, CEO Service Recovery In alignment with Emergency Orders from the Ontario Provincial Government for a province wide lockdown beginning April 8 and continuing to May 20 the hours of opening remain reduced with a standard opening and closing time from Tuesday-Saturday. Library services moved to the Curbside Service Delivery Model as follows: No members of the public are allowed in the Library as per provincial direction. Service Delivery Model A decision was made by the CEO with information provided to the Board Chair to remain in Curbside Delivery Service Model while Simcoe Muskoka District Health Unit remains in the "Red Zone" as defined by provincial legislation. Provincial requirements for closures have been very volatile during the Red Zone designation, with movement into Grey Zone or lockdown occurring frequently over the last few months. Staff have developed excellent procedures for selecting and delivering materials with Curbside Service providing safe service delivery for both our customers and our staff. Staff will be reviewing the provision of computer services for customers who do not have access to computers while in the Red Zone. A booking system and entry plan is being reviewed to determine if this service can be offered safely while in a Curbside Service Delivery model. Staff are working on re-opening protocols based on orange zone requirements. Strategic Priority: Enhance Our Capacity Human Resources Director of Children's and Youth Services Sarah Papple's last day of work was April 16, 2021. We are presently setting up an interview schedule and hoping to fill the position by the end of May. In the interim, Erin Damery has agreed to take on the contract position of Coordinator of CYS. Erin has worked as a technician in the CYS department for ten years and has a bachelor's degree in education. An in camera virtual staff meeting was held on March 11. A virtual staff meeting was held on March 25. Page 238 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... A manager's meeting was held on March 4tn 9tn and March 23rd, topics discussed included: professional development opportunities for staff focussing on mental health and systemic racism awareness; procedures and safety requirements for opening the Library. Several training options were discussed including a staff training day. Further information will be brough to the Board in May. Kailene Lohnes, relief circulation clerk, will be completing a placement in the Library from April 28 to July 31, in completion of a Human Resources Management Course she is enrolled in through Georgian College. Kailene will be working on a number of HR projects including the development of new PA forms, and explanatory documents to support competency-based performance management. In addition, she will also be working with Meagan to design on- boarding documents, and finally she will consult HR legislation and our policy manual to develop a checklist of policies and training requiring annual review by staff. A Director's meeting was held on March 17 to review changes in staff and interim processes to be put in place until staff replacements can be hired. A Joint Health and Safety Committee was held on March 22, no concerns were brought to the committee. Board Committee Meetings The Ad-hoc CEO Recruitment committee met on March 15 and March 19 to review the virtual product used for the interviews and to develop a shortlist of candidates to interview. On March 31St the Ad-hoc CEO Committee conducted the first interviews of the CEO applicants. Capital Projects Service Review The Personnel Committee and the CEO met with the Consultants to review the draft final report, including an implementation program. The committee discussed several changes and edits to be completed by the Consultants with a final report being presented to the committee on April 14 for approval. The final copy of the service review will then be sent to the Board for discussion and approval. Migration to 365 and installation of laptops and docking stations Laptops have been ordered as we move from desktop computers to laptops. However, the laptops that were ordered from the 2020 budget and were only received this month. Fred Marlow (IT Technician) is in the process of installing laptops and docking stations in designated staff workstations. Page 239 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... Bike Racks This project is a carryover from 2019 and will be looked at in summer of 2021. Strategic Priority: Transform Service Delivery City Partnerships The Facilities meeting was held in March. Information Orillia continues to operate and is continuing to provide income tax services. Under the Provincial guidelines they are allowed to provide a curbside version of services with pick-up and drop-off. Provincial legislation allows social service agencies to operate in a Library building. Safety and Security Gayle Jackson, City CAO and I met on March 31 and discussed the Safety and Security Issue. The Facilities Department headed by Andrew Schell has set up a Security Review of the Library to be completed by the OPP. A security review request was first initiated by Susan Dance with contact information provided by Pat Hehn, so it is good to see this initiative move forward. Shawn Shepperd, building manager and I will be walking the OPP team through the building on April 27 after which the OPP will provide recommendations for staff safety and security. On March 1st I attended a virtual meeting of Community Stakeholders wishing to comment on policing issues as part of the OPP-Orillia Detachment's consultation process in the development of an Action Plan. I presented information on the issues the Library experiences with behaviour, and drug use in the Library in general and particularly in the washrooms. I also shared information on the use of the Library by people facing home insecurity and mental health challenges. Contract for Service with the Chippewas of Rama At the direction of the Board an offer of service was extended to Chippewas of Rama First Nation through the Chippewas of Rama First Nation Public Library. To date, we have not had a response on the Contract offer. Megan, Melissa, and I met with Danielle Big Canoe Snake, Children's Library Programmer and Lise Kwekkeboom, Director of Education on March 23. Contract and membership information were shared and discussed. The contract does not include the option of representation on the OPL Board as a request must be made from the Library Board to City of Orillia Council to increase the membership. Danielle and Lise were made aware that both Severn and Oro- Page 240 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... Medonte have representation on our Board and would be sharing the information with the Chippewas of Rama First Nation Council. The Board will need to determine how representation will be accommodated on the Board. Two options should be considered should representation be requested: 1. Increase the Board to 12 members. 2. Maintain an eleven-member Board changing a community position to a contract representative position. Staff can prepare a report for Board review should the Board require further information. Library Partnerships AMPLO held its quarterly meeting on March 5. This was a combined meeting with ARUPLO (Administrators of Rural-Urban Public Libraries) and included a presentation by Linda Williams from HRWilliams Law. Ms. Williams provides the members with a valuable overview of all changes in HR legislation as well as a review of court decisions we should be aware of that may impact HR practices in our Libraries annually. Digital Strategy Online Form Submissions Beginning in January we migrated several document requests and staff workflows to online form submission. This includes forms related to Covid-19 safety measures, staff services, surprise bag requests, promotions and events, volunteer review submissions, and more. By moving from hardcopy and e-mail requests to online form submission we have improved internal communication, reduced the time and labour required to direct requests, collected better usage statistics, and above all provided a more simplified and user-friendly experience for patrons. With 20 forms currently published, we have already had hundreds of submissions, representing a large amount of labour that would otherwise have been required to direct and follow-up to these various service requests through e-mail alone. 20 Forms Currently Published 1-on-1 Tech Help Booking Form CEO Performance Appraisal COVID-19 ATTESTATION FORM FOR RETURN TO WORK COVID-19 Screening Checklist COVID-19 Screening Checklist for Volunteers Reading Resolution Challenge 2021 Reconsideration of Material Page 241 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... Seed Library Request Suggest a Title Surprise Bag - Lets Grow Literacy Surprise Bags Educators Edition Surprise Bags for Adults Surprise Bags for Kids and Teens Virtual Easter Egg Hunt Virtual Remembrance Day Event Volunteer Book Reviewer Application Volunteer Driver Information Volunteer Game Reviewer Application Volunteer Review Submission 36 Responses Battle Buddies Secret Mission Book Exchange 5 Responses Strategic Priority: Enhance our Capacity Grant update The Library received a grant to install Sound Masking through the Investing in Canada Infrastructure Program (ICIP) for $18,507.51. Fred Marlow and Kelli Absalom are presently working on an RFQ to obtain at least three written quotes as the entire project will be over $20,000. The Library will be contributing approximately $6,000 from the Building Reserve Fund. Page 242 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... REPORT OF CHILDREN'S & YOUTH SERVICES March 2021 Submitted by Erin Damery Battle of the Books Virtual Book Club-I Will Survive Edition The goal of this program was to create and/or continue a library habit with our customers ages 9-13 and to highlight our Battle of the Books collection. Each participant received a 'Survival Kit'weeks before the online event.The kits included a copy of The Barren Grounds by David A. Robertson to keep, a book from the 'I Will Survive' category as well as activities and treats.There were 13 students registered and 11 participated in the online event. Each book club member had the opportunity to share a one-minute book talk about what they read from the list. They worked as a team to complete a survival challenge answering trivia questions from the books. Tom Earle the author of Home Ice Advantage did a virtual Q&A and shared some of his inspiration photos of Maple Leaf Gardens from when he wrote the book. The final minutes of the book club were spent voting on which titles should stay or go for next year's list. The Barren Grounds will be added to the 2021-2022 list. Teen Volunteers There were 48 volunteer hours completed in March.Three new volunteers joined us, bringing our total number of active volunteers to 24.Two of our volunteers completed their 40 hours in March. We had 8 book reviews and 2 game reviews completed. Surprise Bags Surprise Bags continue to be very popular. We filled 139 bags for Children and Teens and 3 for Educators in March. Page 243 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... REPORT OF CIRCULATION AND TECHNICAL PROCESSING SERVICES March 2021 Submitted by Melissa Robertson and Meagan Wilkinson Transform Service Delivery Circulation staff continue to provide exceptional service to curbside, including providing access to new memberships. For those who are not able to come to curbside to register for a membership but wish for online access, we continue to register e-access memberships which can be created via email. During phone conversations, Circulation staff recommend and market the various services the library is currently offering, such as surprise bags or speaking with our RA staff. Enhance Our Capacity Pat Hopkins completed a successful performance review. Meagan attended the TLC webinar "The Power of Analytics and LS2 Reports". This webinar highlighted several useful reports for collection developing purposes and collecting statistics on new borrowers. However, some of the reports are only available in the new upgrade, which we do not yet have access to. Meagan attended the Bibliotheca webinar "Rethinking how we measure the impact of libraries". This webinar discussed the merits of use both quantitative and qualitative information to grasp the full picture of the library's impact. The quantitative stats used often see library use but not necessarily the value. The presenters suggest looking at the cultural value impact to understand the value and impact of cultural experiences. Meagan attended the webinar "DIY Conflict Resolution" through CharityVillage. This was a great webinar with concrete strategies for employees and managers to use to resolve conflict in the workplace. 1 I Page Page 244 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... Circulation Statistics March 2020 March 2021 Checkouts and renewals 14,433 9,103 (excludes items checked out to quarantine) Holds Arrived 2, 001 7,162 Holds Placed 2,258 10,485 Gatecount: hourly mean 861 0 (building closed to ublic Township Statistics Severn Township Number of Number of members Check Outs + Borrower Type members* borrowing Renewals April 1, 2021 March 1-31, 2021 March 1-31 2021 Severn Adult 438 174 1,443 Severn Child 84 14 173 Severn Youth 11 3 12 E-Access 98 N/A N/A Total 631 191 1,628 Oro-Medonte Township Borrower Type Number of Number of members Check Outs + members borrowing Renewals April 1, 2021 March 1-31, 2021 March 1-31, 2021 Oro Adult 507 181 1,236 Oro Child 86 13 90 Oro Youth 13 1 1 Oro-Housebound 0 0 0 E-Access 103 N/A N/A Total 709 195 1,327 2 Page Page 245 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... REPORT OF THE DIRECTOR OF INFORMATION SERVICES March 2021 Submitted by Kelli Absalom Information Services staff continued to provide reference and technical assistance, online programs, webpage maintenance, social media content creation and marketing and promotion of programs, resources and services. We have also been busy recommending books, providing electronic resource assistance and answering questions. Strategic Priority: Support Learning and Growth LIBRARY PROGRAMS AND SERVICES Your Scottish Connection with Connection Tours Samantha Cowan, Operations Manager of Connections Custom Travel, delivered a presentation on the great country of Scotland and what draws Canadians there. She shared information and photos about some of her favorite spots as well as insider's tips for those who are preparing for a future journey. Special guest Alasdair Grierson, a local tour guide from Edinburgh, also joined the Zoom meeting. Sixty people were in attendance and the link was also provided to our local nursing/retirement homes for the residents to view. Trivia at Home We offered a Trivia Night over Zoom with a theme of events and trends from the 1950s through the 2010s. There was also a draw for door prizes which could be picked up at the Curbside Desk. Sixty players participated. With continuing provincial restrictions, friends and families were eager to participate together in this format. Author Talk with Peter Jennings Peter Jennings joined us on Zoom to highlight his newest book, "Until I Smile at You: How One Girl's Heartbreak Electrified Frank Sinatra's Fame". It is a stirring account which profiles one of the 20th century's most enduring musical talents: a young girl named Ruth Lowe who overcame personal heartbreak by writing the song that launched Frank Sinatra's career into the stratosphere in 1940, "I'll Never Smile Again". She was also a pioneer for female songwriters in a male-dominated music industry. The program was also recorded for our local nursing/retirement homes. Take & Make Craft Kits We offered two Take & Make Craft Kit this month. The first contained the materials to create a unique water marble mug and the second contained the materials to create a colourful 8" mini- wreath using silk flowers. These programs filled up quickly once again which demonstrates a real desire by our patrons to participate in this type of programming. Page 246 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... Books on Tap Our Books on Tap Book Club met on Zoom this month to discuss "Digital Minimalism" by Cal Newport. Ten people attended. Bookworms Book Club Our Bookworms Book Club met on Zoom to discuss "Animal Farm" by George Orwell. Genealogy Club The Genealogy Club welcomed special guest Linda Reid for a Zoom presentation entitled "Down the Rabbit Hole: Genealogical Activities Since the Beginning of Covid". Twenty-seven people attended. We also provided 1-on-1 Genealogy help sessions over Zoom. Strategic Priority: Connect People to resources Surprise Bags We continue to offer Surprise Bags as a fun way to connect with our readers. We have packed 305 Adult Surprise Bags to date. Take up on this service has been strong, with staff often filling over 10 bags a day with selections of 5-10 books in each bag. Local History Requests We have had many requests from residents for Local History Research. Fifteen requests for information were completed this month. Research requests from non-Library members are charged a research fee as approved in Board Policy. Dial-a-Story Staff contributed to Dial-a-Story selections this month. We read short stories and poems by authors such as James Joyce, William Butler Yeats and Margaret Atwood. Total calls for adult stories for 2021 is 121. Vitality Kits We have added a YogaSleep Sound Machine to our Vitality Kit selection. YogaSleep is available to be checked out. It features a fan-based natural white noise to create a personalized sound environment which helps mask noise for a better sleep. This item is part of our new Vitality Kit collection which has been made possible through a generous grant from the Patti Cox Senior's Fund awarded by the Community Foundation of Orillia & Area. Vitality Kits are an extension of the Adventure kits where the activities and items in the Adventure Kits focus on Children, families, and Youth the Vitality Kits focus on items that support seniors with some items focusing on support for people with Alzheimer's. Strategic Priority: Transform Service Delivery COMMUNITY PARTNERSHIPS & OUTREACH Our partnerships with the Just Write Orillia writing group and the La Cle French Conversation Circle continued in March. Stephen Davids, MA, held bi-weekly Just Write Orillia meetings on Zoom and the French Conversation Circle held weekly meetings on Zoom. Page 247 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... Strategic Priority: Connect People to Resources: Harness and share the potential of current technologies and our unique internet resources DIGITAL SERVICES 1-on-1 Tech Help Having access to digital resources continues to be important to our customers. We offer assistance via telephone, email or through video chat. Topics assisted with this month ranged from help with Libby, Zoom calls, troubleshooting OpenOffice and submitting online forms. Website We continue to work with Sitelmprove software to maintain our website accessibility compliance. A landing page has been developed and is now live; staff are working on artwork and updating content on donation options. Strategic Priority: Tell Our Story The fifth annual Simcoe County #ITSTARTS anti-racism, anti-discrimination awareness campaign wrapped up in March. Melissa Robertson, Darrin Davis and Erin Damery created social media content that highlighted our internal work and shared OPL resources available to the public. 2021 #ITSTARTS posts included: sharing our Systemic Racism Statement, highlighting the work we've done to Indigenize the catalog, how to use Hoopa curated content for inclusivity/diversity, changes made to the J-Seasonal collection, Indigenous perspectives in Children's, YA and Adult literature, Linkedln learning for businesses/organizations, a direct response to a book club members' suggestion to further diversify content, and a pledge to continue with #ITSTARTS throughout the year by posting monthly #ITSTARTS content. We were pleased with the engagement we received on social media, making it our most successful campaign to date. MARKETING AND PROMOTION We continued to market programs and services on all social media platforms and the webpage. We currently have 2,914 followers on our Facebook page, 2,338 followers on Instagram and 2,050 followers on Twitter. We sent weekly eNewsletters which provided up-to-date information on virtual programs, service announcements, digital resources, and highlighted specific materials available online. We currently have 2,008 subscribers to the eNewsletter and have seen high open rates which indicate our subscribers are interested in the Library's programs and activities. We are also sending out weekly Readers' Corner eNewsletters which feature new and notable books in our collection. Page 248 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... Jayne Turvey was featured in an Orillia Matters article this month. It discussed how her research on local soldiers resulted in a proper headstone being installed for a young man, Samuel Ginsberg, who died in action during World War I. We were also able to find a photo of Samuel in our newspaper archives on microfilm. STATISTICS Staff answered 12,794 reference questions in March and digital resources usage remains high, up almost 50% compared to the same period last year. Strategic Priority: Enhance our Capacity WEBINARS/COURSES ATTENDED I attended a webinar hosted by TLC entitled "The Power of Analytics and LS2 Reports" which highlighted reports to gather data on the use of our collection. Information Services staff attended training hosted by the City of Orillia on how to electronically reconcile Mastercard statements. Page 249 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... QUARTERLY REPORT JANUARY - MARCH 2O21 CIRCULATION OF MATERIAL Jan-Mar Jan-Mar PRINT 2020 2021 Books 41786 49863 Periodicals 1710 713 Interlibrary Loan - Borrowed 499 429 Interlibrary Loan - Loaned 370 335 TOTAL PRINT 44365 51340 NON-PRINT Adventure Bags/Parks Pass 162 190 DVDs 19302 7772 Equipment 3 15 Multi-Media 488 181 Puzzles n/a 164 Sound Recordings 1651 1028 TOTAL NON-PRINT 21444 9160 TOTAL ALL CIRCULATION 65971 60690 SERVICES REFERENCE TRANSACTIONS Adult 7417 10028 Children 1903 3840 E-Mail/Telephone/Mail/Fax Requests 3750 9626 Extended Computer Help 1615 234 Extended Search Help 185 81 Other Libraries 662 643 Readers' Advisory 1850 5750 TOTAL REFERENCE TRANSACTIONS 17382 30202 INTERN ET/COMPUTER USE Adult/Children 4361 0 Frost Scrapbook 45 134 Local News/Images Index Visits 3973 6661 Online Products Usage 27533 41057 Teen Social Media Followers 712 1146 Web Page Visits 61041 64709 Wireless 12975 0 TOTAL INTERN ET/COMPUTER USE 110640 113707 IN-LIBRARY USE OF MATERIALS 3174 0 IN-LIBRARY USE OF MICROFILM/FICHE 98 44 GRAND TOTAL LIBRARY USE 197265 204643 COMMUNITY OUTREACH 46 0 LIBRARY VISITS (Actual Door Count) 61177 0 LIBRARY VISITS (Averge Incl. Sunday) 874 0 MEETING ROOM BOOKINGS 153 0 MOBILE PRINTING 213 0 STUDY ROOM BOOKINGS 318 0 VOLUNTEER HOURS (Adult) 805 23.5 VOLUNTEER HOURS (Teen) 59 125 Page 250 of 348 14.b) Minutes of Orillia Public Library Board meeting held on Wednesday,... PROGRAMS - ADULT SERVICES 2020 2021 In-Library - Group Visits/Programs (incl. virtual/views) 113 89 * Attendance 2430 1507 Out of Library - Talks to Groups 5 0 * Attendance 89 0 PROGRAMS - YOUNG ADULT SERVICES In-Library - Programs 17 1 * Attendance 19 5 PROGRAMS - CHILDREN'S SERVICES In-Library - Group Visits 3 0 * Attendance 55 0 - Early Literacy Programs 9 1 * Attendance 523 38 - School-Age Programs 7 1 * Attendance 522 11 Out of Library - Talks to Groups 0 1 * Attendance 0 10 - Programs 0 0 * Attendance 0 0 TOTAL PROGRAMS 154 93 TOTAL ATTENDANCE 3638 1571 READING CLUBS 2020 2021 Children's Number 203 0 Children's Reports 240 0 Teen Number 17 0 Teen Reports 22 0 NUMBER OF NEW BORROWERS REGISTERED 2020 2021 Adult - City of Orillia 272 47 - Township of Oro-Medonte 71 13 - Township of Severn 53 7 - Paid Membership - 12 Month 2 1 - Six Month 0 0 - One Month 8 0 - Non-Resident Taxpayer 0 0 - Georgian Students 11 0 - Lakehead Students 12 0 - Library Staff & Volunteers 0 0 Children - City of Orillia 70 14 - Township of Oro-Medonte 15 1 - Township of Severn 21 1 Electronic Access - Orillia (NEW) 118 39 Electronic Access - Oro-Medonte (NEW) n/a 20 Electronic Access - Severn (NEW) n/a 6 Youth - City of Orillia 10 3 - Township of Oro-Medonte 1 0 - Township of Severn 4 0 Other Institute/Reci rocal/Learnin Centre/Nursin Homes 17 2 TOTAL NEW BORROWERS REGISTERED 685 154 Page 251 of 348 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity Recommendation Report Complaint against Councillor Keane Township of Oro-Medonte May 14, 2021 Introductory Comments [1] Principles Integrity was appointed the Integrity Commissioner for the Township of Oro-Medonte January 1, 2018. We are also privileged to serve as Integrity Commissioner for a number of other Ontario municipalities. The operating philosophy which guides us in our work with all of our client municipalities is this: The perception that a community's elected representatives are operating with integrity is the glue which sustains local democracy. We live in a time when citizens are skeptical of their elected representatives at all levels. The overarching objective in appointing an integrity commissioner is to ensure the existence of robust and effective policies, procedures, and mechanisms that enhance the citizen's perception that their Council (and local boards) meet established ethical standards and where they do not, there exists a review mechanism that serves the public interest. [2] Integrity commissioners carry out a range of functions for municipalities (and their local boards). They assist in the development of the ethical framework, for example by suggesting content or commentary for codes of conduct. They conduct education and training for members of council and outreach for members of the community. One of the most important functions is the provision of advice and guidance to members to help sort out ethical grey areas or to confirm activities that support compliance. And finally, but not principally, they investigate allegations that a person has fallen short of compliance with the municipality's ethical framework and where appropriate they submit public reports on their findings, and make recommendations, including recommending sanctions, that council for the municipality may consider imposing in giving consideration to that report. [3] It is important that the integrity commissioner's broad range of functions be mentioned at the outset of this investigation report. Our goal, as stated in our operating philosophy, is to help members of the community, indeed the broader municipal sector and the public, to appreciate that elected and appointed representatives generally carry out their functions with integrity. In cases where they do not, there is a proper process in place to fairly assess the facts and, if Page 252 of 348 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity necessary, recommend appropriate sanctions. In every case, including this one, the highest objective is to make recommendations that serve the public interest, if there are recommendations to be made. [4] Our role differs from other `adjudicators' whose responsibilities generally focus, to state it colloquially, on making findings of fact and fault. While that is a necessary component when allegations are made, it is not the only component. [5] Our operating philosophy dictates the format of this report. The tenets of procedural fairness require us to provide reasons for our conclusions and recommendations, and we have done that. [6] In this regard, we have assessed the information fairly, in an independent and neutral manner, and have provided an opportunity to the Councillor named in this Report to respond the allegations and to review and provide comment on the preliminary findings. The Complaint [7] On February 24, 2021 we received a complaint against Councillor Cathy Keane alleging that the Councillor participated in and voted at the Annual General Meeting (the AGM) of the Horseshoe Valley Property Owners Association (the HVPOA), which was held virtually on February 3, 2021, although she is not a member of that organization. [8] The particulars of the complaint are that the Councillor: • participated virtually in a private meeting to which she had not been invited, cast votes on motions where she was not eligible to do so, and retained an unauthorized recording of the private meeting; • subsequently on February 8, 2021 she sent a letter to the HVPOA which was aggressive, accusatory and contained multiple false statements; and • threatened to take the matter to Council, in an effort to exert improper use of influence of her office. [9] The complaint alleges that the Councillor's actions are contrary to the Code of Conduct. Process Followed for the Investigation [10] In conducting this investigation, Principles Integrity applied the principles of procedural fairness and was guided by the complaint process set out under the Code of Conduct. [11] This fair and balanced process includes the following elements: Page 253 of 348 2 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity • Reviewing the complaint to determine whether it is within scope and jurisdiction and in the public interest to pursue, including giving consideration to whether the complaint should be restated or narrowed, where this better reflects the public interest • Notifying the Councillor of the complaint against her and seeking her response which included the following exchanges: o On March 1, we notified the Councillor in writing of the complaint against her and requested her written response by March 15 o On March 11, the Councillor forwarded screenshots of texts messages, copies of emails from previous years from the Mayor and former Councillor Courtanche relating to historic water fee issues involving the HVPOA o On March 13, we acknowledged receipt of the documents, and specifically requested a summary of events with an explanation regarding the conduct alleged in the complaint o On March 23, we interviewed the Councillor regarding the complaint. In the course of the interview we requested the Councillor to identify a person central to her version of the events so that we could corroborate her story (referenced later in this report). Despite being informed of her obligation to provide the person's contact information, the Councillor refused to provide it, or to provide a USB stick relevant to her narrative o On March 27 we arranged for a summons to be served on the Councillor to compel the Councillor to provide the information requested on March 23rd The Summons required the Councillor to attend a Zoom meeting on April 1, and to deliver the USB stick to the Clerk in a sealed envelope addressed to us o On April 1, Councillor Keane attended the pre-scheduled Zoom meeting, having retained legal counsel who attended with her, where she was interviewed under oath • Interviewing other witnesses with information relevant to the complaint • Reviewing the Code of Conduct, relevant documents, emails, and the recording of the HVPOA AGM • Providing the Councillor with an opportunity to review and respond to the draft findings of the Integrity Commissioner • Reviewing the submission provided by the Councillor's legal counsel, and giving those submissions careful consideration before finalizing our Recommendation Report, providing additional clarification where appropriate Context and Background The Ethical Foundation — The Code of Conduct Page 254 of 348 3 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity [12] The Township of Oro-Medonte has as part of its ethical framework a Code of Conduct which is the policy touchstone underlying the assessments conducted in this report. The Code of Conduct represents the standard against which all members of Council are to be measured when there is an allegation of breach of their ethical responsibilities. [13] The complaint identified a number of Code provisions that Councillor Keane had contravened. In our view, the provisions of the Code most relevant to our findings are as follows: General Introduction: Members of Oro-Medonte Council recognize their obligation to serve their constituents and the public in a conscientious and diligent manner understanding that as leaders of the community, they are held to a higher standard of behaviour and conduct. Members recognize that ethics and integrity are at the core of public confidence in government and in the political process... This Code of Conduct ensures that Members of Council share a common basis and understanding for acceptable conduct of Members of Council, in concert with and beyond the minimum standards of behaviour set out in the existing legislative framework. Customers First! Creativity and Innovation Honesty, Fairness, and Respect Courageous and Responsible Decision-Making Openness Engagement [emphasis added] [14] One fundamental quality which the public looks for in their political representatives is honesty. If there is not honesty, there is no possibility of building a culture of ethical integrity. [15] Honesty forms the foundational building block for trust. Trust, hard-earned, is easily broken. [16] While the facts of this investigation appear complicated, the findings can be distilled into one simple point: the Code of Conduct requires Members of Council to tell the truth. Page 255 of 348 4 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity The HVPOA [17] The Horseshoe Valley Property Owners Association (HVPOA) is an association formed of homeowners within a defined catchment area in Horseshoe Valley, within the Township of Oro-Medonte. [18] The HVPOA has been in existence for about 40 years and has been incorporated since 2006. [19] Members of the HVPOA pay an annual $25 membership per household and the work of the association is undertaken by an unpaid board of directors and volunteers. [20] There are about 550 households' who are members of the HVPOA, representing more than half of the properties located within its catchment area. [21] The HVPOA is but one of a dozen property owners associations (POAs)within Oro- Medonte, although likely the largest. There is no formal relationship between property associations in Oro-Medonte and the Township. In other words, there is no registration process with the Township, they do not enjoy special privileges, nor are they subject to any conditions beyond those which apply to ordinary citizens when dealing with the Township on municipal business. [22] The HVPOA focuses its efforts on enhancing the quality of community life, organizing events and activities, and advocating on issues of interest affecting its members. [23] The HVPOA catchment area, covering some 800+ households (although as noted, not all are members), falls within Ward 1, with the exception of the 26 households on High Vista Drive which are within Ward 3. [24] Councillor Keane is the Councillor representing Ward 3. Another Councillor, Ian Veitch, represents Ward 1, being the vast majority of the HVPOA area. The AGM [25] The HVPOA holds an Annual General Meeting (AGM) at which its members vote on mandatory matters such as filling vacancies on the Board of Directors, approving the Budget, and adoption of the Financial Statements. [26] Typically, the HVPOA would hold its AGM in person, but with the directives requiring physical distancing imposed as a result of the current COVID-19 1 Membership of the HVPOA fluctuates depending on paid-up dues,and at the time of this investigation was between 520-560. Page 256 of 348 5 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity pandemic, the HVPOA executive set about to host a virtual electronic AGM for its membership. [27] Taking advantage of the technological expertise of one of their members, the HVPOA set up a secure webinar on which members could log in with a password, which permitted secure and verifiable voting technology. [28] In advance of the AGM, the executive emailed every member in good standing an email link to the AGM, together with dial-in instructions, along with a password. [29] Only members in good standing were invited, along with the one additional invitee who was a guest speaker— the owner of a new spa in the area. [30] The emailed invitation containing the link, call-in number and password, stated as follows: As a HVPOA Member in good standing you are invited to attend the Annual General Meeting (AGM) of the Members. Due to the pandemic, the meeting will be held virtually. To access the meeting domestically or internationally, by computer or phone, please follow the instructions below. [31] Other than the guest speaker, no non-members of the HVPOA were invited, nor were any other individuals provided the link or the password. [32] No member of Council was invited to attend the AGM, although occasionally, in the past, when the AGM was held in a large hall, it was not unheard of to invite the Mayor and the Councillors for Ward 1 and 3. [33] No member of Council is a member of the HVPOA. [34] The AGM took place the evening of February 2, 2021. Members heard from the guest speaker, then the business of the meeting was conducted, and votes were taken by online polling enabled through the technology. Verifyinq the Vote [35] Following the meeting, in verifying the eligibility of each voter (by matching their `metadata', the recorded information that identifies them, such as their email or telephone number, with the membership registration information), the HPVOA was not able to match the email caprix101(abhotmail.com with any registered member. Page 257 of 348 6 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity [36] The electronic records indicated that the unknown attendee had participated, submitting questions, and voted on the Financial Statement and Budget of the HVPOA. [37] The day following the AGM, the executive sent an email to the unknown attendee which included: Thank you for attending the HVPOA AGM last evening. The webinar link was only sent to HVPOA members in good standing. We cannot find your email address in our membership database or our new distribution list. Can you confirm your membership by providing a name so we can ensure you were eligible to attend and more importantly to vote. [38] When no response was forthcoming following the email, the HVPOA had an email registration search conducted to determine ownership of the unknown attendee. [39] The search disclosed that the unknown email is registered to Cathy Keane. Councillor Keane's Letter to the HVPOA [40] On February 8, 2021 the HVPOA received a letter from Councillor Cathy Keane, which began: It has come to my attention the HVPOA held its AGM on February 3, 2021[sic]. A longtime resident who watched and recorded the meeting has contacted me and asked for my interpretation of what was said by various members of the Board that night. [41] The letter raised concerns about information at the AGM, and stated: I now have a video of the HVPOA 2021 AGM. [42] The letter went on to suggest that the AGM deliberately misrepresented and misinformed its members, and chastised the HVPOA for failing to notify two Oro- Medonte Councillors and the Mayor of the AGM, concluding as follows: Should the HVPOA Board of Directors fail to satisfactorily correct this misrepresentation to the public, or I have not Page 258 of 348 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity received a satisfactory response by February 26, 2021 1 will be taking this matter to Council with a recommended action. [43] For the HVPOA executive, the letter confirmed the suspicions of the HVPOA executive that Councillor Keane had, under cover of anonymity and without authority, participated and voted at their AGM. [44] They felt their carefully-organized members-only meeting had been trespassed; they experienced the accusatory tone of the letter as hurtful and offensive, and the concluding statement as threatening. [45] On February 25 and again on March 19 the HPVOA wrote Councillor Keane asking that she clarify the purpose of her involvement in the AGM, and to return to them any record of the meeting. Councillor Keane did not respond. Analysis and Findings: Standard of Proof [46] In making findings of fact, Integrity Commissioners in Ontario adhere to the standard of proof for fact-finders in civil cases known as the `Balance of Probabilities'. [47] This means it is more likely true than not that the alleged conduct occurred. This is a lower threshold than the criminal standard of proof "beyond a reasonable doubt". [48] Where we make findings of fact, we are making these on a balance of probabilities that the alleged event occurred. Participatinq and votinq at AGM [49] Councillor Keane has admitted that her email was used to log on to the HVPOA AGM. [50] When first interviewed on March 23, the Councillor insisted she was provided with a link to the AGM, and subsequently a USB stick with the recording, by an `acquaintance/friend' who was a member of the HPVOA. She further insisted that it would be a betrayal of that person to reveal their identity to us, even for the limited purpose of corroborating her evidence to us. She maintained this position notwithstanding our advice to her of the importance of the corroboration and her obligation to answer our questions. [51] Subsequently, under oath, she advised that the email from the HVPOA inviting members to participate in the AGM was forwarded to her Township email by Mayor Page 259 of 348 8 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity Hughes, and that she then forwarded it to her home email, caprix101(a)hotmail.com. [52] The Councillor advised that she frequently forwards communications from her Township email to this personal email address, in order to print them. She has advised us that she was forwarded the invitation (which contained a link and password) for members of the HVPOA to the attend the AGM by the Mayor, who often forwards HVPOA emails to her. The Mayor receives them from his son who is a resident of Horseshoe Valley and a member of the HVPOA. [53] The Mayor's son has confirmed that it is his practice to forward HVPOA information he receives by email to his father; the Mayor confirmed that it is his practice to forward these on to Councillor Keane and the other members of Council. [54] Councillor Keane has advised that she did not watch the AGM while it was occurring, and that she did not vote at the AGM. [55] She provided screen shots of text messages time-stamped the evening of February 2, 2021 demonstrating she was otherwise occupied during the time the AGM was being conducted. [56] She insists that it was only following the meeting when she learned that her husband had logged on to the meeting and participated using the email. [57] Initially, the Councillor advised us that her husband had not recorded the AGM, but that she had obtained a copy of the video on a USB stick a few days later, from the `friend/acquaintance' who is a member of the HVPOA. [58] She was at pains to explain that she felt very uncomfortable sharing the identity of the `friend/acquaintance' who had provided the USB stick, without first speaking with them, as she had promised them confidentiality. [59] She told a compelling story, demonstrating her honourable desire to protect the identity of the `friend/acquaintance', who was an innocent party and might not wish to have their identity revealed. We undertook not to reveal the person's identity, wishing only to corroborate her story. That story turned out not to be true. [60] Following the issuance of a summons to the Councillor to produce the USB stick and re-attend a scheduled Zoom interview, the Councillor was questioned again — this time under oath, in the presence of legal counsel (it was the first time we have felt it necessary to administer an oath in the course of an investigation). [61] Under oath, the Councillor advised us that there never was a USB stick with a recording of the AGM, that there was no `friend/acquaintance' who had provided it Page 260 of 348 9 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity to her, and that her husband had recorded the AGM which she had viewed in the days that followed the meeting, on the family's iPad. [62] Our sole purpose in issuing the summons was to obligate the Councillor the provide the identity, which she was reluctant to reveal to us voluntarily, of the individual who might corroborate the Councillor's version of events. Essentially, we sought to verify her story that she had not participated in the AGM but merely watched a video of it at the request of a `friend/acquaintance'. [63] To summarize her revised evidence, the Mayor had forwarded the email containing the AGM invitation to the Councillor's Oro-Medonte email address, she then forwarded the email to the caprix101(a)hotmail.com email address for the purpose of printing it, her husband, who shares the email account, then read the message and decided of his own accord to attend the meeting and vote, and she subsequently viewed a recording of the meeting he had made on the family iPad. [64] We have not touched on the appropriateness of the Councillor forwarding Township emails to a shared email account, however, caution should be exercised because the Councillor may be inadvertently sharing sensitive Township information with her husband when she does so. [65] Her letter of February 8 to the HVPOA indicates that she may not have seen the meeting herself until several days later: It has come to my attention the HVPOA held its AGM on February 3, 2021. A longtime resident who watched and recorded the meeting has contacted me ... I now have a video of the HVPOA 2021 AGM. [66] We find it more likely than not that the Councillor did not in fact watch the AGM until following the event; we find it more likely than not that she watched the AGM for the first time on a video recording of the meeting; based on her evidence under oath, she watched it on the family iPad. [67] It is clear that Councillor Keane's husband participated in the AGM, submitted a question for consideration, and did vote on the Budget and Financial Statement, being one of only 3 votes against approval (76 in favour). [68] However, rather than disclose this to the HVPOA — they had sent an email to the caprix101(cDhotmail.com address on February 3 in an attempt to verify and confirm the unknown address that linked to the AGM — the Councillor ignored, deflected and misrepresented. Page 261 of 348 10 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity [69] Her letter of February 8, 2021 suggesting she was coming to the aid of a `longtime resident', demonstrates that she was well-aware that the participation from her email was one of an unauthorized interloper. [70] We find that the Councillor attempted to obfuscate and obstruct our investigation. [71] The `cover up' of participation became the focus of her narrative, which we were then obligated to methodically untangle. [72] The Councillor first insisted that she obtained the recording on a USB stick from a `friend/acquaintance'; after we served her with a summons requiring her attend a Zoom meeting under oath and to produce the USB stick, the story changed. She advised that her husband had recorded the meeting, contradicting her previous statements to us. [73] We find that in addition to misleading the HPVOA in her letter of February 8, the Councillor intentionally misled us, gave two different accounts of how she was able to view the AGM, and resisted our attempts to corroborate her story. [74] To justify having misled us, she explained that she did not want to get someone else in trouble; that she was confused; that she was distracted by other events in her life. [75] She advised us that she did not receive the email from the HVPOA attempting to verify the participant's legitimacy as a member. [76] We do not accept the Councillor's evidence that she did not receive email from the HPVOA requesting caprix101 to identify themselves. It was sent to caprix101 CUDhotmail.com. There is no indication that it `bounced back' to the HVPOA. [77] As part of her justification for viewing the recording of the meeting, she also told us that Councillor Veitch, who lives within the HVPOA catchment area and who represents the vast majority of its residents, participated in the HVPOA AGM. [78] We find that this assertion is nothing more than a deflection. [79] The two mentions of Councillor Veitch during the AGM amounted to a `shout-out' to him by the guest speaker, who was quoting him in praising the benefits of spas; and a comment to members that a particular issue was to be discussed at an up- coming town hall meeting at which Councillor Veitch would be present. [80] There is no evidence that Councillor Veitch was present at the AGM. He has advised us that he did not participate, and we are satisfied that he did not. Page 262 of 348 11 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity [81] In any event, whether Councillor Veitch did or did not participate is a moot point. As a resident of Horseshoe Valley, he is entitled to register his household as a member, and his household would be entitled to participate in the AGM. [82] Councillor Keane also advised us that, in the past, the Mayor and Councillors representing the area would be invited to the AGM, and we believe that to be true. [83] In our view, however, past practice is not relevant to the issues under review. Neither the Councillor or her husband were invited to attend this AGM, and were certainly not entitled to vote. Aggressive, accusatory letter to HVPOA an effort to exert improper use of influence [84] The February 8, 2021 letter from Councillor Keane to the HVPOA Board of Directors lays out alleged deliberate misrepresentations and misinformation purportedly attributed to the HVPOA. [85] The purported misinformation and misrepresentations arise out of a water and wastewater rate issue, which has been a point of contention between the Township and the HVPOA. There is significant history to the matter, but that history is mostly peripheral to the objectives of this report, and so we do not describe it in detail here. Put simply, both the Township, the HPVOA and other interested parties to the issue are entitled to their perspectives and to pursue their objectives through legitimate legal and political processes. [86] In essence the Councillor's letter accused the HVPOA of lying to its membership at the AGM. [87] The letter accuses the HVPOA of "doubling down" on `misinformation' and concludes with the statement: Should the HVPOA Board of Directors fail to satisfactorily correct this misrepresentation to the public, or I have not received a satisfactory response by February 26, 2021 1 will be taking this matter to Council with a recommended action. [88] It is fair to perceive this statement as a threat, although it is not entirely clear what is being threatened. But even an empty threat is a threat. [89] The Councillor advised us, when questioned about what action she expected Council to undertake or what she intended, that her goal was to have Council direct Township communications staff to provide more and better information publicly regarding the water and wastewater rate issue, to counter any misunderstanding by residents of Horseshoe Valley. Page 263 of 348 12 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity [90] Presumably, the Township is able, at any time, to provide more robust information to the public and residents of Horseshoe Valley regarding the water and wastewater issue. The Councillor can bring a motion to request this at any time. [91] In any event, the HVPOA responded to the February 8 letter, providing a matrix of information which contradicted the Councillor's statements and taking the position that the HVPOA had not misrepresented or misinformed its membership. [92] In her lawyer's response to our Findings, it is suggested that the February 8 letter, read in its entirety, seeks to have the HVPOA clarify its position with respect to matter that relate to and are within the jurisdiction of Oro-Medonte Council, and set the context for the Councillor's demand that the HVPOA Executive "correct the misrepresentation to the public or provide an explanation". [93] This assertion does not accurately reflect the facts: that the HVPOA had not, at any time during the AGM, misrepresented or misinformed its membership; that the Councillor's letter was aggressive and accusatory, and erroneous. [94] For reference, we are attaching to this Report both Councillor Keane's February 8 letter to the HVPOA, and the HVPOA's matrix of information provided in response to the Councillor. [95] The HVPOA executive is a volunteer group whose primary motivation is to serve the membership and support the quality of life in their community. [96] Many on the executive are retired professionals whose knowledge and expertise is reflected in the sophistication of the way the HVPOA is run. [97] Some of the HVPOA executive attempted to reach out to the Councillor in the fall of 2020 to improve their relationship, without success. [98] There is no evidence that the Councillor put any effort to improve her relationship with the HVPOA. [99] As an aside, there is a longstanding history (too complicated to set out here in detail) of friction between the HPVOA and members of Oro-Medonte Council that has spanned several terms. It appears that there is some entrenchment, and that the HPVOA is somehow seen as a political threat. [100] Ultimately, the HVPOA executive was shocked to receive the Councillor's letter. Not only was the Councillor an unauthorized interloper in the AGM, but her aggressive accusatory tone was in their view unsupported on the facts. Page 264 of 348 13 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity [101] It caused significant distress to the HVPOA executive to be accused of lying to their own membership, and to be threatened with the purported consequence of`Council action'. [102] We find that the Councillor's letter was aggressive and accusatory, and that it represented an effort to exert influence over the HVPOA executive. [103] The Councillor's closing statement in her letter is an ultimatum: give me a satisfactory response by February 26 or 1 will take the matter to Council for action. [104] In some contexts, the statement `I will take the matter to Council for action', would be completely appropriate as parties take positions in an attempt to negotiate a resolution to a disputed matter. In this instance, recognizing that the Township has no oversight role or authority over the HVPOA nor over any other property owners' association, it was fair of the HPVOA to consider the Councillor's words ominous and worrisome. [105] We find that the Councillor's threat, made in the form of an ultimatum, was an improper attempt to exert the influence of her office to coerce the HVPOA executive to issue different information to its members. [106] The findings in this investigation are important not only in determining whether the conduct and behaviour of the Councillor breaches the Code of Conduct and warrants sanction, but in providing clarification and guidance for other POAs within Oro-Medonte as to their rights and obligations in conducting their own AGMs vis-a- vis municipally elected officials. In this regard, we have heard from one other POA seeking such guidance as a result of their becoming aware of the HVPOA experience. [107] Although we do not find that the Councillor participated virtually in the AGM as alleged, we find that she watched a recording of the meeting improperly obtained; subsequently sent a letter to the HVPOA which we find was aggressive, accusatory and contained erroneous statements; and that she improperly attempted to exert the influence of her office to pressure the HVPOA executive. [108] We find that this conduct is contrary to the Code of Conduct. [109] Moreover, we find that the Councillor's attempts to mislead and obfuscate during our investigation is conduct contrary to the Code of Conduct. Concludinq Remarks [110] Throughout our investigation, up to and including submissions by legal counsel, there has been an absence of acknowledgment by the Councillor that her viewing Page 265 of 348 14 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity of the AGM video was inappropriate, or that her February 8 letter to the HVPOA was aggressive, erroneous in its accusations, and out of line. [111] Much of our investigation would have been simplified had the Councillor admitted her actions at the outset. [112] As noted earlier, the purpose of a Code of Conduct and the appointment of an Integrity Commissioner is to ensure that the public understands that municipal elected officials generally carry out their functions with integrity, and where they do not, a process exists to fairly assess the facts and, if necessary, recommend appropriate sanctions. [113] In every case the highest objective is to make recommendations that serve the public interest. An integrity commissioner's investigation is not a litigation between opposing parties, nor is a complaint equivalent to a charge laid against a defendant, where a technicality can result in an acquittal. [114] While our findings have focused on the allegations specified in the complaint, we have also found, through our investigation, that the Councillor's attempts to mislead and obfuscate are not appropriate behaviours and are contrary to the principles underlying the Code. [115] While it has been pointed out in legal submissions that the integrity commissioner is without authority to initiate an investigation themself, we are of the view that conduct which is revealed during the course of a properly initiated complaint may be considered in the integrity commissioner's findings and recommendation report. Recommendations [116] The integrity commissioner may recommend that certain sanctions be imposed when a complaint has been sustained. A monetary penalty, although not remedial, can have a salutary effect and serve as a deterrent where it is felt necessary. [117] The Municipal Act contemplates sanctions including a reprimand or the suspension of pay for up to 90 days. In many circumstances, the mere daylighting of an issue is sufficient consequence to result in improved conduct and general deterrence. [118] In light of all of the above considerations, we recommend that Council impose a formal reprimand. [119] We therefore recommend: 1. That Council pass the following resolution: Page 266 of 348 15 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Principles Integrity That having been found to have breached the Code of Conduct for the Township of Oro-Medonte, that Councillor Cathy Keane be and is hereby formally reprimanded. 2. That this report be posted on the Township of Oro-Medonte web site for public access. [120] We wish to conclude by publicly thanking those who participated for their time and contributions to our investigation. [121] We will be pleased to be in attendance when this report is considered to respond to questions. Attachments: 1. February 8, 2021 letter from Councillor Keane to the HVPOA Executive 2. Matrix of Information provided in response to Councillor's letter Page 267 of 348 16 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... Attachment 1: February 8, 2021 letter from Councillor Keane to the HVPOA Executive Horseshoe Valley Property Association 4 Highland Drive Oro-Medonte, ON LOL 2L0 hvpoacontactggmail.com Attn: HVPOA Board of Directors (Linda Myles; Sonia Faryna; Lori Hutcheson; Marla Hammond;Nanci Brown; Mike Vanderlee; Jack Lynch; Richard Quinney; Linda Delottinville; Todd Vanzuilekom; and Susan Carmichael): It has come to my attention the HVPOA held its AGM on February 3, 2021. A longtime resident who watched and recorded the meeting has contacted me and asked for my interpretation of what was said by various members of the Board that night. There is much concern over the Associations 2020-2021 budget item of $15,000, which the HVPOA Executive has said is designated for"our fight with the Township". There are questions surrounding the HVPOA's lack transparency in the response (or lack thereof)to: name removed question about voting separately on the 2020-2021 Budget and the acceptance of the 2020 financial statements; the question posed by residents as to why there is a need for $4,700 in Insurance for the Association; and,why the"Special Proj ects" account increased when last years$10,000 budget only saw $3,102 used. This individual was very surprised when I said, I (as Ward 3 Councillor representing a portion of residents in Horseshoe Valley), was neither notified nor invited as a guest to the HVPOA AGM. What was more surprising was the repeated discussion regarding Eagles Rest Estates and the guest speaker was representing a business located in Ward 3 (both of which are clearly in Ward 3 and outside Horseshoe Valley settlement area). I now have a video of the HVPOA 2021 AGM. The following misinformation and contradictions made by members of the HVPOA Executive raises concerns beyond the$15,000 budget allocation and items mentioned above. The statements made by the HVPOA Executives regarding the private WWTP and the continued request to reduce water rates in Zone 2 are not entirely correct. At best, information was fragmented and very misleading. Below are comments made that I ask the HVPOA to publicly address and clarify with residents: 1) The Township of Oro-Medonte and Council is responsible for alleged financial "discrepancies" and increased costs for residents on Skyline's wastewater system. I am aware this false narrative was propagated during the last election. A number of Horseshoe Valley residents are attributing the source of these false comments being from members of the HVPOA Board and its executives (The recent comments made during the AGM appear to give added credence to this belief). Page 268 of 348 17 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... By-law No. 2015-188 verifies the Council of the day interceded, at a sizable cost to all Township taxpayers, to avoid Skyline implementing a notable increase the private wastewater fees at the time, and perhaps more importantly, since that time. It appears comments made at the AGM were a deliberate misrepresentation of the process that occurred several years ago while omitting the 5+ years without a wastewater fee increase. The portrayal given at the AGM left residents believing, and implied there have been rate increases and misdirected funds since the Township took over billing. On one hand to comment there were "discrepancies" in wastewater billing "within months" of the Township taking over the billing, while in another comment showing knowledge of the Township interceding to freeze rates, by being advised by KPMG to keep the rates the same until the Township can enter another agreement shows contradictions in the narrative. There appears to be an ongoing divide between the HVPOA spoken word and the provable fact. Thus bringing into question the reason related to the statement continuing to be made. To be clear, one only needs to review the billings to see there have been no increases to Skyline WWTP since the Township conditionally agreed to do the billing for Skyline. 2) The HVPOA's contradiction about water rates. A statement was made about the HVPOA trying to persuade the Council of the day to lower the water rates in Zone 2. This was at a time when the water reserves were in deficit. The Council of the day would have been acting contrary to Provincial regulations if the HVPOA recommendations had be followed. The HVPOA recurring failure to state and/or clarify when Council is acting according to legislation and regulations and is thereby acting in the best interest of its residents and the municipality. In contradiction to the HVPOA claims to be advocating for reduced water rates in Zone 2, the HVPOA has recently publicly pledged up to $10,000 of HVPOA members monetary contributions (through membership fees and fundraising efforts) to aid in a legal challenge that could have all current municipal water users pay approximately $1,000/household for Zone 1 water users to integrate to a system free of charge. As you are aware through HVPOAs research and meetings with Council and staff in the past: for decades Zone 1 water users have contributed substantially less to capital infrastructure; The cost of Zone 1 users integration to a municipal system,if fully borne by the current municipal water users throughout the Township, which includes Horseshoe Valley's Zone 2 users, could be approximately an additional $1,000. [This amount does not include potential associated legal costs should a legal challenge arise, that would also be placed on and borne by municipal water users through the use of funds in municipal water account(s)]. Page 269 of 348 18 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... The reoccurring misinformation without validity by the HVPOA,is leaving residents with negative connotations directed toward Oro-Medonte Council(s). As viewed during the 2020-2021 HVPOA AGM, it makes it very difficult to understand how the HVPOA Board of Directors is working to fulfill its mandate of Making Horseshoe Valley and Even Greater Place to Live. Horseshoe Valley Memorial Park with trails and recreational equipment,the site for a new school, the Nurse Practitioner-Led Clinic with the OPP facility being in Horseshoe Valley, and the Headquarters of Oro-Medonte Fire and Emergency Services with their contribution to the community, all serve as only a partial list of successes of past HVPOA Boards working cooperatively and inclusively with Township staff and Council. According to the resident, in years long past, the HVPOA fostered a working together for the betterment of the community relationship with various levels of government by inviting Oro- Medonte Council members, and representatives from the Provincial and Federal Government to the AGM. Clearly,the omission in failing to notify both Oro-Medonte Councillors(not to mention the exclusion of the Mayor) from the AGM is in complete contrast, and is being viewed as deliberate by some in the community. While the HVPOA has the right to determine the format of its meetings, it does not necessarily make it the right thing to do. While there are many concerns raised,it is the appearance of a"doubling down" by the HVPOA's repetition of misinformation involving the waste water fees, and the impact on the Oro-Medonte community and its Council, that is the greatest concern. Should the HVPOA Board of Directors fail to satisfactorily correct this misrepresentation to the public, or I have not received a satisfactory response by February 26, 2021 I will be taking this matter to Council with a recommended action. Respectfully, Councillor Cathy Keane Page 270 of 348 19 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... _ _ L a" >` •L C N L QJ QJ m r6 (U �' o aJ aJ m aD Q Q E � C o L L = a tw o a E t a C `- ra M m C in N c N E .� o U .� tn 'c o aJ C Cn ro O +1 - L v > Cn C t O C 4- L C rQ E aJ +1 in O O — aJ r6 aJ O Q C > aJ VI Q m `� C L aJ 3 � .� "a 4- Q aJ bA QJ o m C: } N O U O -0 > +-� O> M M QJ vI N N C L CL O Q N in Qj C - nA ay �n N L x �n > -0 aJ O U w Q O aJ aJ N E O O aJ Cr C aJ - L 2 +' C C aJ ^yam ra aJ Q aJ ° C Q O A Y � U �, Q O O aJ +� L +� +, +' Q a L (�6 aJ N 4- E-0 0rN6 U O aJ ra O w aJ > +' Q 3 Q) 4 C6 o aJ a O v O = c o N - O C an E � M W -0 -0 > Ln N aJ — �n +1 Y O aJ Q C6 N C C Q aJ O CO vi .1 in aJ t �n +� U " o,on � (U (U° CO o bDa) U CL 0 QJ (U Ln U N 41 ° 3 O L L QJ _C CU+ Y E CO +�+ L E to .N• L M m QJ C t L } aJ w E aJ = C: EE N *' aJ r6 'L M aJ +1 t CU OQy, NOLU L v CL ' L aa+) N �N �i- a OM L O M QJ ro a)a O � LJ E 'E � m0 a OO i 6 O (ij aJ � tto N M > tea � ' -0 � -0 w MC _0.a � CU ° te UO Q C L El O E C a O O � _ a) O Qj 6 J C A mO Q +- Ln O O +' QJ m � O C 3 a) a E O Q G z m aJ C m L aL 0 M 7� E x O E (U a oo a OaJO � ("U 4- O >- QE 'n + O JL a +, C a O > CL ' > O O C Q a) 0 m U° E w (U � -0 � oQ) v O a p L a ° a 41 o o E ro a E L nn O — C o ra E nA Cw Q aJ C° a' 3 of w v > `� E E 3 o v u rv'a 4� a rya > v E 'E a ai '� v a) v1 aJ QJ = nA a 3 +, o Q E a) rQ L -0 O — a) a) +, o o 4, 3 > Cr O C M b.0 'm ,Q z 'O •E aJ �CU }' M aJ CLU ,v �O�( 'o °Q L N C J = c>a v '� L E .y O CL o6 (6 E a--� a--i ° aJ E L W OAS � r6 v7 �, aJ E •ln U � ra L - v�i — tiA aJ E y aJ E � C " E rCa O 0 — ° Q CO 'n Q �° > �O o w ra C L E v O C +� L nA rQ C > hn C a O — +° rn CU 'E 3 v o 41 o v > .E w aJ rQ a •� C L O m aJ O v�i `° > aJ aJ 41 Qro E Q aJ ra r>a > < M +� _ .� N ° o >j L L a) M ?j L 2 aJ N L O Q ?j C � W > � C O C 3 O ° C `� (J p L C O vUi 3 Q — O Q1 C _ 2 H O H Q Q O +- ra +' H E Q .E Q > P O CO U 16 O O � - a 0 0 V) N i N O t L O 41 O 4 U N ) qA N Q a) O O +, rH Ln z C: CL m U rYj (6 +., Q o > pA O C m Ln C M +1 MLU 4- = L O +' C U ?� a) a) O U aJ aJ a) 3 C m +' L 4- N bf in U OLn � ° a) v -p E C 41 � c o v CO Ln Q u 0 41 s CO3 E D C +, iLn m n Y 41 O a) -a NLn O °U 4- C U Q Q +' U U > O O m nOA M w � L O MC p N U -0 ?: in -0 z > O U E a) W 3 r6 O M Q Lr1 '�n Q 0) aJ C O N O M Ln ~ N V} C + O O Y Q C aJ U `� cn N (L6 N N a) N CL L r6 rn CL D C O +' C O O N _C C .m r-I U v3i QJ C QCa t +- N . 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S Q = O Q .L U a•�'� ro � � i c fa �i a� oo r r D Q � - ° Q 3 C '� a U t O U a ° O cn U o v 41 o + ° U O � � t 0 4, +� a > W o C bA L d 41 Q N � fa a) Q) Page 274 of 348 15.a) Principles Integrity Report ; E-mail Request, Correspondence from ... From: Keane, Cathy<cathy.keane@oro-medonte.ca> Sent: May 14, 2021 12:17 PM To:Aubichon,Yvonne<yaubichon@oro-medonte.ca> Subject: FW: Letter to Principles Integrity April 30, 2021.pdf Hello Yvonne, I would like the attached letter from my lawyer placed on the agenda item regarding the Integrity Commissioner report against me, when it comes to Council. Thank you in advance. Cathy Page 275 of 348 15.a) Principles IntH iW R+jr�;DrRail Request; Correspondence from ... Barrister&Solicitor I Integrity Commissioner April 30, 2021 SENT BY EMAIL: POSTOFFICE@PRINCIPLESINTEGRITY.ORG Principles Integrity Toronto, Ontario Re: Preliminary Findings Report—Complaint against Councillor Keane As you know, I represent Councillor Keane, in this matter. My client has provided me with a copy of your Preliminary Findings Report and asked that I review it and provide you with my comments, in her behalf. The Complaint As I understand it, on February 24, 2021, Linda Myles, the President of the Horseshoe Valley Property Owner Association (the "HVPOA") wrote to you, making a formal complaint against Councillor Keane. In paragraph eight of your Preliminary Findings Report, you describe the particulars of the complaint in the following way: 1. Councillor Keane participated virtually in a private meeting (the HVPOA Annual General Meeting) (the "AGM") to which she had not been invited, cast votes on motions where she was not eligible to do so, and retained an unauthorized recording of the private meeting (the "Meeting Complaint"). 2. On February 8, 2021 she sent a letter to the HVPOA, which was aggressive, accusatory and contained false statements (the "Letter Complaint"). 3. Councillor Keane threatened to take the matter to Council, in an effort to exert improper use of influence of her office ("Influence Complaint"). The Meeting Complaint Your Preliminary Findings Report made the following conclusions: 1. The HVPOA catchment area includes 26 households within Ward 3. Councillor Keane is the Councillor representing Ward 3. 2. The HVPOA executive believed that Councillor Keane had, under cover of anonymity and without authority, participated and voted at their AGM. 3. The invitation to the HVPOA AGM was forwarded to Councillor Keane's Township email address by the Mayor of Oro-Medonte. The Mayor received the invitation from his son, who is a resident of Horseshoe Valley and a member of the HVPOA. Councillor Keane 391 First Strcct,Suitc 303 1 Collingwood,ON I L9Y 1B3 I BRUCE � GREY � SrmCOE H. G. Elston Professional Corporation 232 Manitoba Str—c� Braccbridgc,ON I PIT_2EI I MUS%OKA I PARRY SOUND � HAT,TRURTON 705.443.8183 �coonselCaharoldelston.coin HAROLDELS TON.to- Page 276 of 348 15.a) Principles Int ri i ReFgr�,TrRail Request; Correspondence from ... Barristcr&Solicitor I Integrity Commissioner forwarded the invitation to the email address she shares with her husband, so that she could print it.' 4. It was not Councillor Keane, but her husband, who participated in the AGM, submitted a question for consideration, and voted on the Budget. 5. Councillor Keane did not watch the AGM live, but watched it after the fact, for the first time, on the family Wad. Given these findings of fact, Councillor Keane cannot possibly be found to have breached the Code of Conduct with respect to the Meeting Complaint and that part of the Complaint against her must be dismissed. The Letter Complaint In your Preliminary Findings Report you consider only the final paragraph of Councillor Keane's letter. In my respectful submission, any findings with respect to the Letter Complaint must reflect a consideration of the entire contents of the letter, and should not be confined to a review of a single paragraph. I have attached Councillor Keane's letter as Appendix 1, but for ease of reference I note the following passages: There is much concern over the Associations 2020-2021 budget item of$15,000, which the HVPOA Executive has said is designated for "our fight with the Township". There are questions surrounding the HVPOA's lack of transparency in the response (or lack thereof) to: (name removed) questions about voting separately on the 2020-2021 Budget and the acceptance of the 2020 financial statements; the question posed by residents as to why there is a need for$4,700 in Insurance for the Association; and why the "Special Projects"account increased when last years$10,000 budget only saw$3,102 used. The following misinformation and contradictions made by members of the HVPOA Executive raises concerns beyond the $15,000 budget allocation and items mentioned above. The statements made by the HVPOA Executive regarding the private WWTP and the continued request to reduce water rates in Zone 2 are not entirely correct. At best, information was fragmented and very misleading. Below are comments made that 1 ask the HVPOA to publicly address and clarify with residents: (emphasis added) 1) The Township of Oro-Medonte and Council is responsible for alleged financial "discrepancies"and increased costs for residents on Skyline's wastewater system. 2) The HVPOA's contradiction about water rates. 1 Councillor Keane was told during her interview that information, including the names she provided,was to remain confidential. Complaint against Councillor Keane Submission to Principles Integrity Page 277 of �44 10, 2021 Page 2 15.a) Principles Int ri i ReRgr�;�rRail Request; Correspondence from ... Barristcr&Solicitor I Integrity Commissioner The reoccurring misinformation without validity by the HVPOA, is leaving residents with negative connotations directed toward Oro-Medonte Council(s). Horseshoe Valley Memorial Park with trails and recreational equipment, the site for a new school, the Nurse Practitioner-Led Clinic with the OPP facility being in Horseshoe Valley, and the Headquarters of Oro-Medonte Fire and Emergency Services with their contribution to the community, all serve as only a partial list of success of past HVPOA Boards working cooperatively and inclusively with Township staff and Council. While the HVPOA has the right to determine the format of its meetings, it does not necessarily make it the right thing to do. While there are many concerns raised, it is the appearance of a "doubling down"by the HVPOA's repetition of misinformation involving the waste water fees, and the impact on the Oro-Medonte community and its Council, that is the greatest concern. Should the HVPOA Board of Directors fail to satisfactorily correct this misrepresentation to the public, or I have not received a satisfactory response by February 26, 2021 I will be taking this matter to Council with a recommended action. When the letter is read in its entirety, it is quite apparent that Councillor Keane was asking the HVPOA to clarify its position with respect to matters that relate to and are within the jurisdiction of the Council of Oro-Medonte. Budget items for "our fight with the Township", or allegations that the Township and Council are responsible for "financial discrepancies and increased costs for residents" are serious accusations and clearly set the context for Councillor Keane's request that the HVPOA Board of Directors either correct the misrepresentations to the public or provide an explanation. To read the concluding paragraph of Councillor Keane's letter in isolation, without providing the contextual prologue that preceded it, does not allow for a proper understanding and analysis of the intent and purpose of the letter; an intent and purpose that simply cannot be characterized as aggressive or threatening. The Letter Complaint must also be dismissed. The Influence Complaint I believe it is also incorrect to suggest that Councillor Keane is using the influence of her office in an improper way. On the contrary, rather than an improper use of her office, it would seem that, in responding to these allegations against the actions of Council, Councillor Keane was using the influence of her office to correct misinformation, however, uncomfortable her statements were to the HVPOA Executive. Complaint against Councillor Keane Submission to Principles Integrity Page 278 of:'4q 30,2021 Page 3 15.a) Principles Int ri i ReF r�,TrRail Request; Correspondence from ... Barristcr&Solicitor I Tntcgrity Commissioner It is also difficult to see how a letter from a Member of Council to an established residents' association, responding to statements made at the association's AGM, can be considered a threat. In that regard, I note that most definitions of"threat" require a potential for harm, without which the statement cannot be considered a threat. As you have acknowledged, you could find no harm being threatened and, accordingly, it would be incorrect and enormously unfair to Councillor Keane to, at the same time, regard the letter as threatening the HVPOA. The Influence Complaint must be dismissed. The Findings of an Integrity Commissioner's Report Must Relate to the Specific Allegations While I am confident that, based on the particulars of the complaint and the findings in your Preliminary Findings Report, you will dismiss the Complaint, I am concerned that, in your efforts to investigate the Complaint and come to some conclusions, your focus has shifted away from the central issues —the unsanctioned attendance at the AGM and the tone and purpose of Councillor Keane's letter to the HVPOA—to a new charge and incorrect findings about my client's honesty and credibility. Respectfully, this constitutes a new complaint, initiated by your office, a power that the Municipal Act, 2001, does not assign to integrity commissioners. The new complaint is set out in paragraphs 50, 51 and 52 of your Preliminary Findings Report. [50] When first interviewed on March 23, the Councillor insisted she was provided with a link to the AGM, and subsequently a USB stick with the recording, by an 'acquaintance/friend'who was a member of the HPVOA. She further insisted that it would be a betrayal of that person to reveal their identity to us, even for the limited purpose of corroborating her evidence to us. She maintained this position notwithstanding our advice to her of the importance of the corroboration and her obligation to answer our questions. [51]Subsequently, under oath, she advised that the email from the HVPOA inviting members to participate in the AGM was forwarded to her Township email by Mayor Hughes, and that she then forwarded it to her home email... [52] The Councillor advised that she frequently forwards communications from her Township email to this personal email address, in order to print them. She has advised us that she was forwarded the invitation (which contained a link and password)for members of the HVPOA to the (sic) attend the AGM by the Mayor, who often forwards HVPOA emails to her. The Mayor receives them from his son who is a resident of Horseshoe Valley and a member of the HVPOA. [60]Following the issuance of a summons to the Councillor to produce the USB stick and re- attend a scheduled Zoom interview, the Councillor was questioned again —this time under oath, in the presence of legal counsel(it was the first time we have felt it necessary to administer an oath in the course of an investigation). Complaint against Councillor Keane Submission to Principles Integrity Page 279 of �44 10, 2021 Page 4 15.a) Principles Int ri i ReFgr�;�rRail Request; Correspondence from ... Barristcr&Solicitor I Integrity Commissioner In response to your findings on this new complaint, I respectfully submit: 1) The only fact that can possibly be described as not true is that Councillor Keane said she was given a USB stick, whereas the recording was actually made on a home iPad. She said this for the understandable reason that she did not want to implicate or incriminate her husband. She did not tell you this to escape culpability, or to in any way improve her situation. In any event, it is hard to image why the method used to make the recording is in any way relevant to your investigation of the complaint. 2) Her statement that she was given the link by an 'acquaintance/friend' is not untrue; the Mayor and his son are both 'acquaintances' of Councillor Keane and her husband. The fact that she did not at first volunteer these names, but only did so after receiving assurances from you that information she provided would be kept confidential, does not constitute a lie. We also take exception to your suggestion that you had to issue a summons, implying as it does that Councillor Keane was refusing to cooperate, and your unnecessary observation that "it was the first time we have felt it necessary to administer an oath ...". Councillor Keane readily agreed to speak with you about the allegations against her: she had attended the AGM, voted and recorded it. As your interview unfolded and became focused on her statement that she had been given a USB stick—a statement she made to avoid implicating her husband - it became clear to Councillor Keane that she needed a lawyer. Her testimony to you should not be so harshly impugned simply because she asked for legal assistance (which is no cause to issue a summons), and your observation that it was the first time you administered an oath was gratuitous and gives my client a reasonable apprehension that the investigation was biased against her. The courts have had occasion to consider the question of when the adjudicator's conduct creates an unfairness. In Lennox v. Arbor Memorial Services Inc., 56 O.R. (3d) 795, the Court of Appeal for Ontario considered an appeal on the ground that the trial judge interfered in the conduct of the trial to such an extent that the image of judicial impartiality was destroyed, denying the defendant a fair trial. The Court says: [12]In our view, the trial judge's conduct of the trial created an appearance of unfairness. ... The trial judge intervened unduly in the presentation of the case and, in effect, became a protagonist for the respondent. A review of the transcript demonstrates that the trial judge ... engaged in extensive cross-examination of two of Arbor's witnesses and challenged their credibility, [13]... there is a point at which judicial "intervention becomes interference and is improper. Complaint against Councillor Keane Submission to Principles Integrity Page 280 of 14q 30,2021 Page 5 15.a) Principles Int ri i ReFgr�;�rRail Request; Correspondence from ... Barristcr&Solicitor I Tntcgrity Commissioner [15]In Majcenic v. Natale... Evans J.A. then added his own description of improper judicial intervention [at p. 204 O.R.]: When a Judge intervenes in the examination or cross-examination of witnesses, to such an extent that he projects himself into the arena, he of necessity, adopts a position which is inimical to the interests of one or other of the litigants. His action, whether conscious or unconscious, no matter how well intentioned or motivated, creates an atmosphere which violates the principle that 'justice not only be done, but appear to be done". Intervening amounting to interference in the conduct of a trial destroys the image of judicial impartiality and deprives the Court of jurisdiction. [16]In this case, the trial judge's interventions not only exceeded the acceptable limits, they were entirely directed at assisting the respondent. Consequently, they created an appearance of unfairness. ... The trial judge diverted the trial away from the issues the parties sought to present and toward what he conceived to be the central issue. While I acknowledge that a civil trial is a much different process than an integrity commissioner's inquiry, the basic principle that the adjudicator must not unnecessarily intervene in the prosecution, applies. In that regard, I am concerned that your ultimate findings and recommendations, should you find a breach of the Code to have occurred, will be fashioned by your indignation at the exchange between Councillor Keane and your office, not on your findings of fact concerning the actual accusations. In conclusion, I respectfully urge you to revise your Preliminary Findings Report to remove the charges flowing from your interview with my client and, instead, to render a report that reflects only a consideration of the evidence you have found that relates and is relevant to the specific charges against my client. That approach can lead to no other conclusions then that Councillor Keane did not participate in nor make a recording of the HVPOA meeting, did not send the HVPOA an aggressive or accusatory letter, did not threaten the HVPOA, and must, accordingly, be exonerated. Thank you for your attention to these submissions. Yours very truly, *14.*- H.G. Elston c.c. client Complaint against Councillor Keane Submission to Principles Integrity Page 281 of 14q 30,2021 Page 6 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... The Corporation of the Township of Oro-Medonte By-Law No. 2021-039 A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Braestone Development Corporation Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being: PCL 2-1 Sec 51-Oro-9 LT 3 Con 9 Oro Being the E '/2&W'/2, Lt 2; Con 9 Oro being the E '/2&W'/2; Pt. 1, 51R-21804, except Pt 1, 51R-28741 & Except Plans 51M1070, 51 M1113, 51 M1181 & 51 M1191; Township of Oro-Medonte, County of Simcoe Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule"A", 2. That the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule"A", be registered on title against the lands described therein; 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent owners of the land; 4. That 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 26t" Day Of May, 2021. x % The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 282 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... Township of Proud Heritage,Exciting Future SUBDIVISION AGREEMENT Pursuant to Sections 51(26) and 51 (27) of the Planning Act. R.S.O. 1990 c. P. 13 - between - BRAESTONE DEVELOPMENT CORPORATION - and - THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE DESCRIPTION OF LANDS THE E1/2&W1/2 LOT 3 CONCESSION 9 ORO AND E1/2 &W1/2 LOT 2 CONCESSION 9 ORO, PART 1 PLAN 51R21804,SAVE & EXCEPT PART 1 PLAN 51R28741, PLAN 51M1070, PLAN 51M1113, PLAN 51M1181AND 51M1191; SAVING AND RESERVING FROM THE E1/2 LOT 2 CONCESSION 9, ALL MINES AND MINERALS,WHETHER SOLID, LIQUID OR GASEOUS,WHICH MAY BE FOUND TO EXIST WITHIN, UPON OR UNDER SUCH LANDS; T/W FULL POWER TO WORK THE SAME AND FOR THIS PURPOSE TO ENTER UPON, USE AND OCCUPY THE SAID LANDS OR SO MUCH THEREOF AND TO SUCH EXTENT AS MAY BE NECESSARY FOR THE EFFECTUAL WORKING AND EXTRACTING OF THE SAID MINERALS, AS DESCRIBED IN OR017078 SUBJECT TO AN EASEMENT IN GROSS OVER PART E1/2 LOT 2 CONCESSION 9 ORO, PART 1 PLAN 51R40262 AS IN SC1266952 TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230 TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380 SUBJECT TO AN EASEMENT IN GROSS OVER PART W1/2 LOT 3 CONCESSION 9 ORO, PARTS 1 &2 PLAN 51R42440 AS IN SC1671532 SUBJECT TO AN EASEMENT IN GROSS OVER PARTS 1 &2 ON 51R42732 AS IN SC1739421 TOWNSHIP OF ORO-MEDONTE BEING ALL OF PIN 58532-0305 LT May 26, 2021 By-Law No. 2021-039 Page 283 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Pre-Construction Requirements Part 4 Financial Requirements Part 5 Phasing of the Subdivision Part 6 Construction Requirements Part 7 Building Permits and Occupancy Part 8 Substantial Completion and Maintenance, and Acceptance and Final Assumption Part 9 Default Provisions SCHEDULES Schedule"A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Deeds and Easements to be Conveyed Schedule "D" - Development Charges Schedule"E" - Standard Township Letter of Credit (Irrevocable) Schedule 7" - Parkland Dedication /Cash in Lieu Schedule "G" - Servicing Works to be Constructed Schedule "H" - Itemized Cost Estimate of Servicing Works Schedule"I" - Declarations of Progress and Completion Schedule"J" - Winter Road Maintenance Schedule"K" - Master Monitoring Document Schedule "L" - List of Lots Requiring Special Attention Schedule"M" - Form of No Occupancy Agreement 2 Page 284 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the 26t" day of May, 2021. BETWEEN: BRAESTONE DEVELOPMENT CORPORATION (hereinafter called the "Developer") AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") WHEREAS the lands affected by this Agreement are the lands described in Schedule"A" hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule "B" and collectively are herein referred to as the "said lands"; AND WHEREAS a Draft Plan with Conditions (43T-91031) have been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS($2.00)of lawful money of Canada now paid by the Township to the Developer(the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: 3 Page 285 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... PART- 1 GENERAL REQUIREMENTS 1.1 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT Prior to the execution of this Subdivision Agreement the Developer shall: 1.1.1 Land Ownership- be the registered owner in fee simple of the lands described in Schedule"A" and that there will be no encumbrances registered against the said lands. 1.1.2 Taxes - have paid all Township tax bills issued /outstanding against said lands. 1.1.3 Deeds and Easements - have delivered to the Township all transfers/deeds, discharges and easements or other documents required by Schedule"C", as well as Certification from the Developer's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 1.1.4 Cash Deposits, Development Charges and Security- have paid to the Township all cash deposits, development charges and security required by Schedules"D", "F" and"H". 1.1.5 Insurance Certificate - have filed with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 1.1.6 Postponement Mortgage/Charge—have filed with the Township's Solicitor, for their approval, a postponement of Mortgage/Charge document. 1.1.7 Developer's Consulting Engineer—Letter of Retention -ensure that each Consulting Engineer(who must be experienced in the field of Municipal Services) for the Developer, file with the Township, a letter confirming the terms of his retainer, and which letter shall be in draft format supplied by the Township. 1.1.8 Lot Sizes—have filed with the Township, a certificate from an Ontario Land Surveyor confirming that the frontage and area of each lot meets the minimum requirements of the Township Zoning By-law. 1.1.9 Engineering Plans, Details and Specifications - have supplied to the Township, those Plans and Specifications necessary to identify the engineering design aspects of the proposed development, found in the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards, and have received an acknowledgment of conformity with design concepts from the Township. 1.1.10 Mylar Drawings - provided for registration, Mylar Drawings of all M Plans. 1.1.11 Electrical Distribution Utility-have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, power supply to each lot, building or unit and street lighting requirements, as per the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and the cable Electrical Distribution Utility write a letter to the Township Clerk confirming that: 1.1.11.1 They have been informed of the project and have seen the development plans. 1.1.11.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 1.1.11.3 Easement requirements, if any. 4 Page 286 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... 1.1.12 Telephone, Natural Gas and Cable TV Utilities Suppliers—have arranged for Bell Telephone, the Natural Gas Utility, and the cable T.V. utility write a letter to the Township Clerk confirming that: 1.1.12.1 They have been informed of the project and have seen the development plans. 1.1.12.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 1.1.12.3 Easement requirements, if any. 1.1.13 Canada Post/Community Mail Boxes—have arranged for Canada Post to write a letter to the Township Clerk confirming that: 1.1.13.1 They have been informed of the project and have seen the development plans. 1.1.13.2 They have filed with the Township, a Plan showing the location of, and access to, community mail boxes to their satisfaction and satisfactory arrangements have been made without expense or obligation on the part of the Township. 1.1.13.3 Easement requirements, if any. 1.1.14 Nottawasaga Valley Conservation Authority- have filed with the Township, a certificate from the Nottawasaga Valley Conservation Authority that the Developer shall carry out all the servicing works and recommendations approved in all the reports required by the Nottawasaga Valley Conservation Authority. 1.1.15 Fire Chief Approval—have obtained approval from the Fire Chief of the Township confirming and approving of the proposed plans for fire protection, and specifying any hydrants, or other equipment, or appurtenances required. 1.1.16 Approvals—have obtained and filed with the Township, confirmation of approvals from the following: 1.1.16.1 Ontario Ministry of the Environment, Conservation and Parks 1.1.16.2 Ontario Ministry of Natural Resources and Forestry 1.1.16.3 Ontario Ministry of Tourism, Culture and Sport 1.1.16.4 Township of Oro-Medonte 1.1.16.5 County of Simcoe 1.1.16.6 Simcoe County District School Board 1.1.16.7 Simcoe Muskoka Catholic District School Board 1.1.16.8 Electrical Distribution Authority (Hydro One) 1.1.16.9 Nottawasaga Valley Conservation Authority 1.2 DEVELOPER'S CONSULTING ENGINEER The Developer shall employ a Professional Engineer(P.Eng), licensed by and be in good standing with the Association of Professional Engineers of Ontario (PEO).The Engineer or Engineering Consulting firm shall have a Certificate of Authorization (C of A)to provide professional engineering services to the public: A Letter of Retention from a qualified Professional Engineer(P.Eng.)experienced in the field of Municipal Engineering Servicing Design confirming that their Engineering Consulting firm has been retained by the Developer to act as Consulting Engineers for Braestone Development Corporation. 1.2.1 Terms of Retainer-The terms of the Engineering Consulting retainer with the Developer shall be as follows: 5 Page 287 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... i. Contract Administration and Representation -To prepare the necessary contract(s)and provide contract administration on behalf of the Developer and to act as the Developer's representative in all matters pertaining to the subdivision; ii. Design Drawings, Details and Specifications-Prepare and furnish all required design drawings, details and specifications in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design (Revised September 2019); iii) Cost Estimates- Prepare cost estimates for the Township services to be constructed in accordance with the design drawings, details and specifications; iv) Approvals-Obtain all necessary approvals in conjunction with the Township, from the Township of Oro-Medonte water and sewage approval authority, Ministry of the Environment and Climate Change, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, Nottawasaga Valley Conservation Authority, Canada Post, Electricity and Natural Gas utility companies, and all other agencies (as required) v) Erosion and Siltation Control - Ensure all necessary precautions and maintenance actions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design (Revised September 2019); vi On-Site Supervision and Inspections - Provide supervision and all on-site inspections at all times during the construction of Township service installations to ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering and construction practices; vii) Scheduling - Ensure scheduling complies with the timing provisions of this Agreement and the requirements of the Township's Engineering Consultant and/or Manager, Development Engineering, for all the servicing works specified in this Agreement; viii) Co-ordination -Co-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; ix) Records Maintenance - Maintain records of all construction inspections and certifications and make available for inspection or copy by the Township and/or the Townships Engineering Consultant; x) As-Constructed Drawings- Prepare and submit certified final"As- Constructed" drawings which shall include the following with regard to provision of a digital Plan of Subdivision after the acceptance of the Township services. Change in Retainer— If at any time during the project: i) The terms of the Engineering Consulting retainer are changed by the Developer, or; ii) If they become aware that the Consulting Engineer will not be able to provide"As-Constructed" drawings, the Developer's Engineering Consultant shall notify the Township within twenty-four(24) hours. 6 Page 288 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... 1.2.2 Digital Submission of Engineering Drawings Completed digital Plan of Subdivision engineering drawings must be prepared using the Township of Oro-Medonte Standard CAD format and shall use the Township's Standard Symbol, Line Type, Line Thickness and Layering Scheme shall be followed for all Drawings. The lines,which describe the boundary of all properties created within the Plan of Subdivision,will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB LAYER will outline the property boundaries in the form of enclosed polygons. LAYER PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (2) The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LAYER PL LT TEXT FONT MONOTEXT COLOUR YELLOW (2) The digital files should contain enough site data as to allow for horizontal and vertical positioning within the existing base mapping. A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing. All line data depicting property boundaries must be mathematically closed to form polygons. It is not necessary that the digital data be in Universal Transverse Mercator (UTM)co-ordinates since the registration process will automatically convert any unit grid to the"Ontario Base Mapping UTM Co-ordinate System". Two (2)copies of each digital Plan of Subdivision design set are required on separate CDs or DVDs in both AutoCAD drawing format in an AutoCAD version acceptable to the Township and in PDF format. Each CD ROM or DVD must be labeled identifying the legal property description, developer's name, file name, and date delivered. It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. 1.2.3 Lot Grading Certification The Developer's Consulting Engineer shall furnish the Township with the following Letters of Certification: a) A letter to the Manager of Development Engineering for each Engineered Lot Grading Plan (with respect to each lot or building block for which a Building Permit application is made)-certifying that the proposed construction is in conformity with the Lot Grading Plan or with an approved variation; b) A letter to the Chief Building Official-certifying that the elevation of the underside of the footing, and then the top of the constructed wall of the building is in conformity to the elevation shown on the individual site plan, and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or the Township's Engineering Consultant; 7 Page 289 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... c) A letter certifying the final grade elevation and Lot Development Plan, for each lot or block within the plan indicating that the property has been developed in conformity with the Engineered Lot Grading Plan or with an approved variation; NOTE: That a Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist could also be retained to provide the aforementioned 1.1.3 a), b),or c). Any cost incurred by the Township will be the responsibility of the Developer or individual lot owner. NOTE: In the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar Certificate as required under 1.1.3 a), b), or c),which may be provided by a Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist other than the Developer's Consulting Engineer, however if the Township's Engineering Consultant prepares the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 1.3 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: Braestone Development Corporation 85 Bayfield Street, Suite 500 Barrie, Ontario L4M 3A7 Or by Facsimile Transmission to: (705)730-1059 In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.4 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.5 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.6 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event the mortgagee(s) becomes the Developer(s)of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s)shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s)agrees to register a discharge of the mortgage(s)on those lands if called upon by the Township, to do so, and the mortgagee(s)shall be subject to the terms of the Agreement as though the mortgagee(s) had executed this Agreement in the capacity of the Developer. 1.7 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s)agrees that in the event of their assigning or transferring the mortgage(s)on the lands,the assignment(s)or transfer(s)shall be subject to the terms 8 Page 290 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.8 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by Section 51.1 of the Planning Act, R.S.O. 1990, c.P.13 and required by the Township of Oro-Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said deed. The Developer shall provide to the Township's Solicitor, certification of good title, free and clear from all encumbrances. 1.9 EASEMENTS 1.9.1 The Developer agrees to grant, at his expense, all such easements, rights-of-ways and access or servicing blocks as may be required for the installation and supply of Municipal Services to the subdivision or provide Emergency Service Access (Fire, Police,Ambulance)and to deed lands to the Township, as set out in Schedule"C". The Developer also agrees to certify good title to easements, rights-of-ways and access or servicing blocks by the Developer's solicitor. Prior to executing this Agreement, all known easements, rights-of-ways and access or servicing blocks shall be filed with the Township in a form approved by the Township's Solicitor. A list of easements, rights-of-ways and access or servicing blocks shall be set out in Schedule "C"of this Agreement. The Township agrees to transfer easement(s)on lands it owns following the registration of this subdivision plan to the authority requiring the easement(s). All cost of the above noted registration to be borne by the Developer. 1.10 ELECTRICAL, NATURAL GAS, TELEPHONE and CABLE TV UTILITIES Prior to the Township releasing this proposed Plan for registration,the Developer shall provide the Township with a letter from the electrical utility supplier, natural gas utility supplier, telephone utility supplier and cable utility supplier, stating that the Developer has entered into satisfactory arrangements with the electrical utility supplier, natural gas utility supplier and the telephone utility supplier with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing private companies' plant and equipment,which are necessary to accommodate this subdivision, shall be borne by the Developer. 1.11 SIMCOE COUNTY BOARDS OF EDUCATION ADVISEMENT The Developer agrees to advise all prospective purchasers, renters and lessees that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated Public and Catholic school sites in the community is not guaranteed, and that pupils may be transported to/accommodated in temporary facilities out of the neighbourhood schools' area. The Developer agrees to advise all prospective purchasers, renters and lessees that school busses will not enter cul-de-sacs and that pick up points will generally be 9 Page 291 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... located on through streets, suitable to the Board. Additional pick-up points will not be located within the subdivision until major construction activity has been completed. These clauses are to be placed in any Offer or Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.12 CANADA POST The Developer agrees to construct mailbox laybys as detailed on the engineering drawings as per Section 3.11 Utility Coordination (3.11.1.1 Canada Post), a site, if required, to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. 1.13 PRIVATE SEWAGE DISPOSAL SYSTEMS The Developer and each individual lot owner, acknowledges that each owner shall be responsible for the installation and maintenance of a subsurface sewage disposal system in accordance with Part 8 of the Ontario Building Code. 1.14 MINISTRY OF ENVIRONMENT, CONSERVATION AND PARKS 1.14.1 The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the Hydrogeologist's Report, July 1990, Buffalo Spring Hydrologic Site Assessment, Henderson Padden & Associates Limited and a Supplement Hydrologic Investigation Ground Water Quality and Nitrate Impact Assessment, Jagger Hims Limited, March 1992. 1.14.2 The Developer and the Township agrees to comply with the recommendations of the Water Supply report entitled, "Application for Permit To Take Water- Communal Water Supply Wells", Jagger Hims Limited, May 2008 (File 04- 91340.03)and Ministry of Environment Permit to take Water No.4076-7HFJB6 dated August 22, 2008. 1.14.3 The Developer agrees to restricting the maximum sewage flow for the proposed Recreation Centre to 4,500 litres per day to the satisfaction of the Township and the Ministry of Environment. 1.15 ENVIRONNMENTAL LONG-TERM MONITORING 1.15.1 The Developer shall carry out any monitoring required, as set out in the"2008 Master Monitoring Document Buffalo Springs Property prepared by Michalski Nielsen dated Revised July 2009", and the"2019 Master Monitoring Report Braestone project" prepared by Beacon Environmental dated July 2019, attached to this Agreement as Schedule"K". 1.15.2 The Developer will guarantee the operation and funding of the monitoring program, to the fixed amount of$225.00 per lot, upon the sale of each lot, until two years after the completion of the subdivision works and until such time as 50 percent of the lots are developed. The Developer will guarantee the operation and funding of the monitoring program by providing an amount of$225.00 per lot upon the sale of each lot to the Treasurer of the Township of Oro-Medonte and that such money will be held in a special fund to be available for monitoring and for any remedial works which are required to protect the wetlands from impacts generated from the development. 1.15.3 The Developer agrees to advise all prospective purchasers that a "Homeowner's Environmental Stewardship Guide", prepared by Stantec Consulting Limited revision date August 2014 has been prepared for their consideration. The Developer further agrees to attach the"Homeowner's Environmental Stewardship Guide"to each Offer of Purchase and Sale. The "Homeowner's Environmental Stewardship Guide"will be available for review at the Township of Oro-Medonte Administration Centre. 10 Page 292 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... 1.15.4 The Developer agrees to collecting, analyzing and interpreting baseline data adjacent to the environmentally sensitive lands, as referenced in Schedule "K", in accordance with the Master Monitoring Document. The monitoring program will continue until two years after the completion of the subdivision servicing works and until such time as 70% (seventy per cent) of the lots are developed. 1.16 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.17 ENUREMENT This Agreement shall enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. 11 Page 293 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... PART-2 THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule"A" hereto. 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer agrees to satisfy all the requirements, financial and otherwise, of the Township concerning the provision of roads; the installation of services and drainage. The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules herein after referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards including,without limiting the generality of the foregoing, the Drawings listed in Schedule"G" of this Agreement, along with the Final Stormwater Management Report dated November 11, 2019, prepared by Tatham Engineering and stamped"Accepted for Construction" by The Jones Consulting Group Ltd., the Township's Engineering Consultant, on January 9, 2020. The Engineering Desiqn Drawings (as a minimum)are as follows: Description • Title Page/List of Drawings • Proposed Legal Plan for Registration -showing all lot, block and proposed easement numbering and dimensions • General Servicing Plan(s) • Composite Utility Plan(s) • Overall Site Grading Plan(s) • Preliminary Lot Grading Plan(s) • Stormwater Drainage Design • Stormwater Retention Pond Design • Sanitary Collection Design • Water Distribution Design • Plan and Profile Drawings • Electrical Design and Streetlighting Plan(s) • Erosion Sediment and Silt Control Plan and Detail Drawings • Standard and Special Details Drawings • Landscape and Streetscape Plan(s) • Parkland Development Plan(s) • Grading Plan(s)for Park and/or School Blocks Refer to Schedule "G" for a complete list of Drawings 12 Page 294 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 Ministry of the Environment, Conservation and Parks 2.4.3.2 Electrical Distribution Utility 2.4.3.3 Township of Oro-Medonte 2.4.3.4 Ministry of Natural Resources and Forestry 2.4.3.5 County of Simcoe 2.4.3.6 Nottawasaga Valley Conservation Authority 2.4.4 All applicable Township By-Laws, including any applicable Site Plan Control By-laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all municipal and other servicing works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule"A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Deeds and Easements to be Conveyed Schedule "D" - Development Charges Schedule"E" - Standard Township Letter of Credit (Irrevocable) Schedule "F" - Parkland Dedication/Cash in Lieu Schedule "G" - Servicing Works to be Constructed Schedule "H" - Itemized Cost Estimate of Servicing Works Schedule "I" - Declarations of Progress and Completion Schedule"J" - Winter Road Maintenance Schedule"K" - Master Monitoring Document Schedule "L" - List of Lots Requiring Special Attention 2.7 SUBDIVISION CHANGES There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township's Engineering Consultant. 13 Page 295 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... PART-3 PRE-CONSTRUCTION REQUIREMENTS 3.1 PRIOR TO STARTING CONSTRUCTION Prior to starting construction of the subdivision servicing works, the Developer shall: 3.1.1 Pre-Servicing Obtain a Pre-Servicing Agreement, if necessary, prior to registration of the Plan of Subdivision. 3.1.2 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 3.1.3 Approval of Engineering Design Drawings The Developer and the Developer's Engineering Consultant(s)shall have the Engineer Design Drawings Details and Specifications for the servicing works approved by the Township's Engineering Consultant and/or Manager, Development Engineering prior to construction and the originals must be stamped as accepted by the Township's Engineering Consultant. 3.1.4 Environmental Compliance Approval Submit to the Township, the Ministry of the Environment, Conservation and Parks, Environmental Compliance Certificate for Water Distribution servicing works (Number 32020-7MCRQM)and Storm Sewer works and Stormwater Management Facilities (Number 3211-139YS7J, dated June 24, 2019). 3.1.5 Contractors and Sub-Contractors The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township's Engineering Consultant and/or Manager, Development Engineering. The Township and the Township's Engineering Consultant are to be provided with the names and phone numbers of personnel responsible for the servicing works, including emergency phone numbers. 3.1.6 Schedule of Servicing Works Prior to the start of construction, the Developer shall supply for the Township's Engineering Consultant and/or Manager, Development Engineering, approval of a Schedule of Servicing Works,setting out the order in which the various sections of the servicing works within the Plan of Subdivision will be built. The Township's Engineering Consultant and/or Manager, Development Engineering may amend this Schedule and the Developer shall construct, install or perform the servicing works as the Township's Engineering Consultant and/or Manager, Development Engineering, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 3.1.10. 3.1.7 Stormwater Management A stormwater management report shall be prepared by the Developer's Consulting Engineer for approval by the Township's Engineering Consultant and/or Manager, Development Engineering and the Nottawasaga Valley Conservation which details the means whereby stormwater drainage will be accommodated and how erosion and siltation will be contained on site both during and following construction. 14 Page 296 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... This report must deal with post development stormwater quantity and quality and shall conform to Ministry of Environment Interim Stormwater Quality Guidelines. 3.1.8 Erosion and Siltation Control The Developer shall take all necessary precautions to prevent erosion and sedimentation of ditches, culverts,slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting there from. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Consulting Engineer for approval by the Township's Engineering Consultant and/or Manager, Development Engineering and the Nottawasaga Valley Conservation Authority. Prior to any earth works, grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Consulting Engineer shall submit the Plan for approval by the Township's Engineering Consultant and/or Manager, Development Engineering and the Nottawasaga Valley Conservation Authority. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. The Plan must deal with post development stormwater quality and shall conform to the Ministry of Environment and Climate Change/Ministry of Natural Resources and Forestry Interim Stormwater Quality Guidelines. The Developer agrees to carry out,or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Consulting Engineer and provided to the Township's Engineering Consultant and/or Manager, Development Engineering and the Nottawasaga Valley Conservation Authority. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction and until such time as the Subdivision is Assumed by the Township. 3.1.9 Signs Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township's Engineering Consultant and/or Manager, Development Engineering, and the signs shall read as follows: 1. ROADS NOT ASSUMED BY TOWNSHIP -USE AT YOUR OWN RISK The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Acceptance and Final Assumption. 2. PROJECT NAME, DEVELOPER'S NAME and PHONE#, DEVELOPER'S ENGINEERING CONSULTANT'S NAME and PHONE # DEVELOPER'S GENERAL CONTRACTOR'S NAME and PHONE# These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Acceptance and Final Assumption. 15 Page 297 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... 3.1.10 Notification of Commencement and Completion The Developer shall not commence the construction of any of the servicing works until the Developer has provided forty-eight(48) hours written notice to the Township's Engineering Consultant and/or Manager, Development Engineering, of his intent to commence work. The Developer shall complete the municipal servicing works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement. All municipal services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 6.12 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township's Engineering Consultant and/or Manager, Development Engineering. Subsequent phases shall be completed within a one (1)year time frame for underground services and two (2)years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight(48) hours written notice to the Township's Engineering Consultant and/or Manager, Development Engineering before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either: 1. Issue a Stop Work Order to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or 2. Issue a Stop Work Order to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township. 3.2 ESTABLISHMENT OF A CORPORATION The Developer shall establish a Resident's Corporation to which wetland blocks (Block 32) be conveyed to said corporation. Initially shares in the Corporation shall be held by the Developer and shares shall be transferred to each lot owner upon closure of the lot sale. The lot owners, through the Resident's Corporation are thereafter responsible for the management and protection of the wetlands in its possession under the supervision of the Ministry of Natural Resources. The Corporation shall ensure that the wetlands are utilized for those purposes expressively permitted in the implementing Zoning By-law. The appropriate common elements condominium plan shall be registered after the registration of the required M-Plan of the subdivision. No Occupancy Certificate for a building permit shall be issued in accordance with Section 8.6 of this Agreement until such time as the Resident's Corporation has been established and the required Common Elements Condominium Plan has been registered. The Developer shall convey the wetland blocks to the Resident's Corporation established in the first phase of registration or a conservancy or similar land stewardship interest(public or private)as approved by the Township. 3.3 BREACH OF CONTRACT If the Developer commences or causes construction of the servicing works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 9 of this Agreement. 16 Page 298 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... PART-4 FINANCIAL REQUIREMENTS 4.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 4.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineering Consultant for engineering design review of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of TEN THOUSAND DOLLARS($10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Township's Engineering Consultant, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of FIVE THOUSAND DOLLARS($5,000.00), or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 4.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Acceptance and Final Assumption for the servicing works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 4.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. The Developer or their Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Acceptance and Final Assumption are issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 4.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per-lot basis prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. 17 Page 299 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the Municipal Act,2001, S.O. 2001, c.25 at present serving this property and assessed against it. These charges are set out in Schedule "D"of this Agreement. NOTE: In addition to the Municipal Development Charges, the lots may be subject to County of Simcoe development charges, Simcoe County Boards of Education development charges and applicable development charges of any Public Utility. 4.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent (100%)of the estimated cost of the said work as approved by the Township's Engineering Consultant and/or Manager, Development Engineering and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule"D"with an automatic renewal clause, in the amount of one hundred percent(100%)of the estimated costs of the said servicing works, as set out in Schedule "H" and as approved by the Township's Engineering Consultant and/or Manager, Development Engineering. The Letter of Credit shall be for a minimum guaranteed period of one (1)year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3)months prior to expiration. Unless the Letter of Credit is renewed as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes,whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s)of Credit is received by the Township. c) Notwithstanding the provisions of subparagraphs (a)and (b)above, the estimated cost of the servicing works, as set out in Schedule "H",will be reviewed and updated by the Township's Engineering Consultant and/or Manager, Development Engineering on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township's Engineering Consultant and/or Manager, Development Engineering, within thirty (30)days of notice, by registered mail,from the Township. In the event that the Developer fails to deliver to the Township the additional security as required by the Township's Engineering Consultant and/or Manager, Development Engineering, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may,without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities,the Developer's Consulting Engineer shall submit an estimate of the cost of the servicing works to the Township's Engineering Consultant and/or Manager, Development Engineering for approval. When the cost estimate has been approved, it will be set out in Schedule "H"of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in Schedule"H" is greater by 10%than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. 18 Page 300 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... d) Application—any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter,which under the terms of this Agreement, is the responsibility of the Developer, including,without limiting the generality of the foregoing, payment of Engineering, legal, Planning, and Development Charges,or other costs incurred by the Township,which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein. e) Default—if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits,then the Township(its servants,agents or sub-contractors)shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f) Exceeding Cost Estimates—if the cost of completing such work or service exceeds the amount of security held by the Township,such excess shall be paid by the Developer to the Township,thirty(30)days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. g) Save Harmless—the Developer,on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims,suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits,claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. h) Construction Act—if the Township becomes obligated to make any payments,or pay any costs under the provisions of Section 17(4)of the Construction Act,this will constitute a default and entitle the Township to realize upon its security. i) Surplus Funds—in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement(including all maintenance and warranty periods), be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 4.7 DISCHARGE OF SECURITIES 4.7.1 Estimated Cost of Servicing Works-after 70% (seventy per cent)of the servicing works being completed, based on the total estimated cost of the servicing works for the subdivision or in the approved phase of the subdivision,and provided the Developer is in compliance with all aspects of the Subdivision Agreement,the Developer shall,as the work further proceeds to completion, have the privilege,on application to the Township and upon certification of the Township's Engineering Consultant and/or Manager, Development Engineering,to obtain reductions of the cash or Letter of Credit deposited for the installation of servicing works, in increments of not less than ten percent(10%). Upon application for reduction of the securities,the Developer's Consulting Engineer shall provide an estimate of the cost to complete the servicing works. The Township's Engineering Consultant and/or Manager, Development Engineering will review the submitted estimate,and then make a recommendation as to the amount to be retained to the Director of Development Services for approval.The amount of servicing works not completed shall be retained along with twenty percent(20%)of the completed servicing works estimate with the remainder being released. 19 Page 301 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... A further ten percent(10%)of the completed servicing works estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 4.7.2 Final Occupancy and Lot Grading Deposit-the Developer or Individual Lot Owner shall deposit with the Township,the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the Engineered Lot Grading Plan and approved by the Manager, Development Engineering or Township's Engineering Consultant, the balance of the deposit shall be returned. 4.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Maintenance or for a Certificate of Acceptance and Final Assumption for the services within the subdivision, or upon applying for prior acceptance of the municipal underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 4.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges,expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right,title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 4.10 INSURANCE CERTIFICATE AND POLICY 4.10.1 Insurance Policy -the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1)year after completion and acceptance of the Township services to be constructed herein. 4.10.2 Comprehensive General Liability/Environmental Impairment-such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS($5,000,000.00), and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required shall be undertaken by an independent contractor; d) shall include the following names as insured's: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (ii) OTHERS"As Applicable" 4.10.3 Notice of Cancellation -a provision that the insurance company agrees to notify the Township within fifteen (15)days in advance of any cancellation or expiry of the said insurance policy. 20 Page 302 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... 4.10.4 Certificate of Coverage-any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c)and (d)above and are in effect. 4.10.5 Confirmation of Premium Payment-the Developer shall, from time to time as required by the Township, provide confirmation that all premiums on such policy or policies insurance have been paid, and that the insurance is in full force and effect. The Developer shall see that a copy of the policy is filed with the Township annually. 4.10.6 Claim in Excess of Policy Limits-the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, and for which it may be held responsible. 21 Page 303 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... PART-5 PHASING OF THE SUBDIVISION 5.1 PHASING The Township, at its sole discretion, may instruct the Developer to construct the services in particular phases suitable to the Township, and the Developer must comply on terms to be agreed to by the Township. If the Township does not so instruct,the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivision into convenient phases. If the work is thus phased, as approved by the Township, then in lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 4.6 for one hundred percent (100%)of the estimated costs, as approved by the Township's Engineering Consultant and/or Manager, Development Engineering, the Developer shall deposit security for part of the services the Township has approved. Before proceeding with an additional phase, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and no Building Permits issued until this approval has been received and additional securities deposited. When 70% (seventy per cent)of the lots of the subdivision or phases of the subdivision have been built upon and all the services have not been completed and approved by the Township's Engineering Consultant and/or Manager, Development Engineering, the Township reserves the right to refuse commencement of the next phase until all services have been installed and approved. In no event will further subdivisions of the Developer or phases of subdivisions of the Developer be approved if all services of the active phase approved by the Township's Engineering Consultant and/or Manager, Development Engineering have not obtained the Certificate of Substantial Completion and Maintenance within a two (2)year period after registration of this Agreement. Notwithstanding anything hereinafter set out,the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least 70% (seventy per cent)of the lots on the subdivision or phase of the subdivision have completed dwellings erected therein and Final Certificate of Occupancy have been issued.The Developer shall be responsible for the maintenance and all repairs of the services, in this case. The subdivision is to be developed in the following Phases: Phase 2 Group D Lots 1 to 25, Plan 51 M- 22 Page 304 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... PART-6 CONSTRUCTION REQUIREMENTS 6.1 SERVICING WORKS TO BE INSTALLED The servicing works to be installed are set out in Schedule "G"to this Agreement. This Schedule is to set out the servicing works in general terms only and shall not be construed as covering all items in detail. The servicing works are to be designed and constructed in accordance with the current Township of Oro-Medonte Development Engineering Policies Process and Design Standards adopted by By-law at the time of signing of the Subdivision Agreement. A copy of these standards are available at the Municipal Office and at www.oro-medonte.ca. If at any time, and from time to time during the development of the subdivision, the Township's Engineering Consultant and/or Manager, Development Engineering is of the opinion that additional servicing works are necessary to adequately provide any of the public services required by the Plan of Subdivision, the Developer shall construct, install or perform such additional servicing works at the request of the Township's Engineering Consultant and/or Manager, Development Engineering. 6.2 CONSTRUCTION OF SERVICING WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite servicing works in order to provide services to the lots and buildings blocks within the Phase. 6.3 ELECTRICAL, NATURAL GAS, TELEPHONE and CABLE TV UTILITIES 6.3.1 Any development in conjunction with the subdivision must not block vehicular access to any Hydro One, Natural Gas, Bell Telephone and Cable TV plant located on the right-of-way. 6.3.2 The Developer shall make arrangements satisfactory to Hydro One, Bell Telephone and Cable TV for the crossing of the Hydro One, Bell Telephone and Cable TV right-of-way by the proposed roads. A separate proposal shall be submitted to Hydro One, Natural Gas, Bell Telephone and Cable TV area offices for these future road crossings. 6.3.3 The cost of any relocations or revisions to Hydro One, Natural Gas, Bell Telephone and Cable TV plant which are necessary to accommodate this subdivision will be borne by the developer. 6.3.4 The easement rights of Hydro One, Natural Gas, Bell Telephone and Cable TV are to be protected and maintained. 6.4 PRESERVATION AND PLANTING OF TREES 6.4.1 The Developer shall preserve all healthy trees within the limits of the subdivision, where possible and supply a Tree Preservation Plan as appropriate. If, in the opinion of the Township's Engineering Consultant and/or Manager, Development Engineering, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland and individual lots, the Township shall have the option of issuing a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice shall not continue and the Developer/Builder agrees to carry out remedial work required by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 23 Page 305 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... 6.4.2 The Developer shall prepare and implement a vegetation plan/tree planting plan that outlines where and how the vegetation buffer will be enhanced with trees and shrub planting to protect the wetland and fisheries resources where natural vegetation on the buffer does not exist or is insufficient to provide an adequate vegetation buffer for approval by the Township and the Ministry of Natural Resources and Forestry. In addition, the tree planting plan shall require planting of up to three 2.4 metre or taller hardwood trees on those lots not having any tree cover. 6.4.3 Prior to grading of any lot or the Township giving its release for registration, the Developer shall prepare a Tree Preservation Plan for the lot to the satisfaction of the Township and the Ministry of Natural Resources and Forestry. 6.4.4 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 50mm caliper on each lot having less than three (3)trees in the front yard(s), if required by the Township. A minimum of 2 trees shall be placed along the flankage side of each corner lot. The type of trees must be satisfactory to the Township. 6.4.5 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, if one is to be located within the plan, in areas where there is not sufficient growth of trees. 6.5 ADDITION OR REMOVAL OF FILL The Developer covenants and agrees that the Developer shall not add, nor permit to be added, any fill or debris on, nor shall the Developer remove or permit to be removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township. 6.6 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township's Engineering Consultant and/or Manager, Development Engineering or Township Operations Department Official, written permission for carrying out the blasting operation, and show proof of insurance for all damage or claims for damage resulting from the blasting operation. Regardless of whether the blasting is carried out by a subcontractor, the Developer, in any event, shall be responsible for any such claims. 6.7 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township's Engineering Consultant and/or Manager, Development Engineering and the Township Operations Department during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Operations Department. For the purpose of obtaining such consent, the Developer shall advise the Township Operations Department and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 6.8 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Consulting Engineer shall arrange for an inspection with the Township Operations Department and Township's Engineering Consultant and/or Manager, Development Engineering for the purpose of compiling an inventory of existing 24 Page 306 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... conditions prior to work on the subdivision. Otherwise, the Township Operations Department's assessment of conditions prior to construction will be final. 6.9 DUST/MUD CONTROL AND ROAD SURFACE CLEANING Until the Certificate Acceptance and Final Assumption has been issued, the Developer shall apply calcium or other Ministry of the Environment and Climate Change approved dust suppressant to those roads within the subdivision and/or utilized by construction traffic, that have not had asphalt surfaces applied, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township. Until the Certificate Acceptance and Final Assumption has been issued, the Developer shall undertake water flushing and mechanical sweeping and cleaning to those roads within the subdivision and/or utilized by construction traffic, that have asphalt surfaces applied, sufficient to prevent any dust problem or mud tracking to traffic or home occupants, to the satisfaction of the Township. If the Developer has not taken remedial action within twenty-four(24) hours of receiving a written notification (via facsimile and/or email)from the Township and/or Township's Engineering Consultant and/or Manager, Development Engineering regarding a dust control problem,then the Township and/or Township's Engineering Consultant, at their sole discretion,shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 6.10 CONSTRUCTION REFUSE All construction refuse,garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township shall not be responsible for the removal or disposal of any construction refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause to each and every builder applying for a Building Permit for any lot or part of a lot within the said Plan of Subdivision. 6.11 INSPECTION OF THE CONSTRUCTION OF MUNICIPAL SERVICING WORKS During the construction of all Municipal Servicing Works, the Developer's Engineering Consultant shall be responsible for all inspections and certifications of the construction of all Municipal Servicing Works. The Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township's Engineering Consultant and/or Manager, Development Engineering and to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township's Engineering Consultant and/or Manager, Development Engineering perceives that construction,whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the approved installation of servicing works,the Township's Engineering Consultant and/or Manager, Development Engineering will have the authority to cease construction operations by verbal notice to the contractor and/or the Developer's Consulting Engineer. Such notice shall be confirmed, in writing, as soon as possible,thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 6.12 DECLARATION OF PROGRESS AND COMPLETION 6.12.1 Prior to the approval or acceptance of any Municipal Servicing Works by the Township, the Developer shall provide the Township's Engineering Consultant and/or Manager, Development Engineering with an undertaking for the completion dates of all remaining Municipal servicing Works required by this 25 Page 307 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval by the Township's Engineering Consultant. The Township reserves the right to alter the completion dates, if the timelines are considered to be inappropriate, and the Developer agrees to complete the Municipal Servicing within the revised completion dates. 6.12.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre-determined liquidated damages, the sum of TWO HUNDRED DOLLARS($200.00)for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 6.12.3 The Developer recognizes that top lift of asphalt shall not be placed until 70% (seventy per cent) of the lots have been fully developed and completed and dwellings have been issued a Certificate of Final Occupancy. 6.13 PROGRESS OF MUNICIPAL SERVICING WORKS The water main and associated servicing works (as required)shall be constructed, inspected and approved in accordance with the wording contained in this Agreement prior to the completion of the other Municipal Servicing Works, including roads, sanitary sewers, storm sewer systems, boulevards, utilities and street lighting. The sanitary sewers and associated servicing works (as required)shall be constructed, inspected and approved in accordance with the wording contained in this Agreement prior to the completion of the other Municipal Servicing Works, including roads, storm sewers systems, boulevards, utilities and street lighting. The storm sewer system and stormwater servicing works will be constructed, inspected and approved in accordance with the wording contained in this Agreement. After the completion of Municipal Servicing Works, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township's Engineering Consultant and/or Manager, Development Engineering and from that date, the said Declaration shall apply and take precedence over Clause 6.12. Prior to signing the Declaration of Progress and Completion, the Developer shall install all servicing works in accordance with the Schedule of Servicing Works or as directed by the Township's Engineering Consultant and/or Manager, Development Engineering. Should the Developer fail to adhere to the scheduling provisions outlined in the Schedule of Servicing Works or the Declaration of Progress; or having commenced to install the aforesaid servicing works, fails or neglects to proceed with reasonable speed; or in the event that the aforesaid servicing works are not being installed in the manner required by the Township's Engineering Consultant and/or Manager, Development Engineering: the Township's Engineering Consultant and/or Manager, Development Engineering giving seven (7) days written notice by prepaid registered mail to the Developer may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary servicing works in connection with the installation of the said servicing works, including the repair or reconstruction of faulty works and the replacement of materials not in accordance with the specifications. The Township's Engineering Consultant and/or Manager, Development Engineering shall charge the costs thereof, together with an Engineering fee of ten percent (10%) of the cost of such materials and servicing works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty (30) days of the date on the bill, the money owing shall be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an Acceptance or Assumption of the said Municipal Servicing Works by the Township. 26 Page 308 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... The Township may refuse to issue Building Permits until such Municipal Servicing Works are installed in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and to the satisfaction of the Township's Engineering Consultant and/or Manager, Development Engineering. It is agreed that a copy of this clause be delivered by the Developer to each and every Builder obtaining a Building Permit for any lot or part of a lot on the said Plan. Note: Building Permits shall not be issued until the Township's Engineering Consultant and/or Manager, Development Engineering has given the Certificate of Substantial Completion and maintenance. 6.14 EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any of the servicing works. Such entry and repair shall not be deemed an acceptance of the servicing works by the Township or any assumption by the Township of any liability in connection therewith, or a release of the Developer from any of his obligations under this Agreement. 6.15 USE OF SERVICING WORKS BY TOWNSHIP The Developer agrees that: I. The servicing works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such servicing works are designed. II. Such use shall not be deemed an acceptance of the servicing works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the servicing works so used. 6.16 DRAINAGE AND LOT GRADING Generally, the drainage facilities will consist of curb and gutters, and storm sewers, to provide a satisfactory drainage outlet, and will be in accordance with the Storm Sewer Drainage Plans STM-1, STM-3 and STM-4, Stormwater Management Plans, Section and Details SWM-1, SWM-2, SWM-3 and SWM-4 by Tatham Engineering and approved by the Township's Engineering Consultant and the Township. All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the Lot Grading Plans LG-4, LG-7 to LG-9, LG-11 and LG-12 prepared by Tatham Engineering and approved by the Township's Engineering Consultant and the Township. Some fill and re-grading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township's Engineering Consultant and/or Manager, Development Engineering. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners (or any subsequent lot purchasers /owners) once the required drainage servicing works have been constructed by the Developer. Drainage swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the drainage swale, or interferes with the acceptance of water from any connecting drainage swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the drainage swales can serve their original purpose. 27 Page 309 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... The Developer, and any subsequent lot owner, shall not construct any servicing works, remove, or permit to be removed, any soil from the said drainage swale, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said drainage swale any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 446 of the Municipal Act, 2001. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision as part of the Purchaser's Manual. 6.17 LANDSCAPING All Landscaping Works shall be completed to the satisfaction of the Township in accordance with Section 3.16—Landscaping of the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and as represented on the Landscape Design Drawings included in Schedule"G". Certificate(s) of Final Occupancy require the completion of Landscaping Works. All Landscaping Works shall be completed prior to the issuance of the Certificate of Acceptance and Final Assumption. (Typically when 70% (seventy per cent) of the total Building Permits allowed for in the subdivision have been completed.) Maintenance of Landscape Plantings shall extend for a minimum of 12 (twelve) months past the issuance of the Certificate of Acceptance and Final Assumption. 6.18 PARKLAND SERVICING WORKS All Parkland Servicing Works (SWM and grading, water servicing, sanitary sewer servicing, electrical servicing and lighting, walkways and trails, etc. as required) and Open Space Blocks are to be constructed in accordance with Section 3.17— Parkland Development of the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and as represented on the Parkland Services Design Drawings included in Schedule"G". Municipal Servicing Works required in the Parkland Services Design Drawings (as required)shall be installed to the property line, earth works and rough grading, and any interim SWIM works (as may required)shall be completed prior to the Certificate of Substantial and Maintenance being issued. All Parkland Servicing Works (as required) must be completed to the satisfaction of the Township prior to the issuance of the Certificate of Acceptance and Final Assumption. (Typically when 70% (seventy per cent) of the total Building Permits allowed for in the subdivision have been completed and the Certificate(s) of Final Occupancy has been issued.) Maintenance of Parkland Plantings shall extend for a minimum of 12 (twelve) months past the issuance of the Certificate of Acceptance and Final Assumption. 28 Page 310 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... PART-7 BUILDING AND SEWAGE SYSTEM PERMITS AND OCCUPANCY 7.1 OVERALL LOT DEVELOPMENT PLAN & INDIVIDUAL SITE PLANS 7.1.1 The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building or Sewage System Permit for any part or portion of the said lands or on any lot therein, and no Building or Sewage Permit shall be issued until a Certificate of Substantial Completion and Maintenance has been issued. 7.1.2 The Developer's Engineer shall prepare an overall Lot Development Plan for approval by the Township, Township Engineer and the Nottawasaga Valley Conservation Authority as a further requirement to Clause 2.4. The Plan shall include the following: a) envelopes for the proposed house and any adjacent structures on each lot. b) existing and proposed grades of the disturbed area of lot after building, drainage and sewage servicing works have been completed. c) existing and proposed grades on lot corners and mid-lot elevation. d) location and type of proposed water supply and sanitary sewer supply/connection. 7.1.3 The Developer agrees to advise all prospective lot Purchasers that prior to a Building or Sewage System permit being issued a detailed individual site plan including methods of stormwater storage and sewage effluent disposal shall be prepared for each lot by the Developer's Consulting Engineer and approved by the Township and/or the Township's Engineering Consultant. The individual site plan shall show the building and tile bed location (if applicable) and elevations, all exterior lot grading and drainage servicing works complete with elevations and landscaping. 7.1.4 Individual Lot Purchasers will be required to obtain the services of a qualified professional consultant to prepare the Individual Site Plan to the satisfaction of the Township prior to the issuance of a building or sewage system permit. Lots 1-25 are subject to Site Plan Control under Section 41 of the Planning Act and that no development will be permitted on the lot until a Site Plan Agreement has been entered into between the municipality and the owner of the lot. Further, the Developer agrees to include a statement advising that Lots 1-25 are subject to Site Plan Control under Section 41 of the Planning, R.S.O. 1990 in all offers to purchase and Agreements of Purchase and sale for said lots and blocks. The Engineered Lot Grading Plan shall include, at a minimum: • Signature/Seal of Applicants Lot Grading Designer • Design Date and Submission number • North Arrow and Key Plan • Metric Scale of Drawing—of a typical engineering scale • Geodetic Benchmark- location and elevation • Dimensioned Property Limits /Boundaries and Lot Corner Elevations • Typical Silt and Sediment Control Measures • Location of Silt and Sediment Control Measures • Typical Swale Cross Section(s)—side yard /mid-yard /cut-off(as required) • Location, Elevation, Flow Direction and % Grade of all Swales • Location of Engineered Fill • Location of Environmentally Protected Areas/Waterbodies /Shoreline • Location of Existing Trees to be Retained • Location and Type of Utility Services (Natural Gas, Bell, Hydro, Cable T.V., etc.) • Location of Municipal Water Service • Location of Private Sewage System—Septic Bed, Tank and Grade Elevations • Location and Dimension of Municipal /Utility/Drainage Easements 29 Page 311 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... • Driveway- location, proposed %grade, width and curb cut locations • Driveway Culvert—location,size, length, material, elevations and %grade • Elevations of Road Grade (edge of road and centre line) adjacent to Lot Line(s) • Elevations of and %grade of Road Side Ditches adjacent to Lot Lines • Street Furniture/ROW Features—hydrants, streetlights, Bell/Cable pedestals, Hydro transformers/poles, catch basins, curbs, sidewalks, retaining walls, etc. • Building(s) Location: lot line setback distances and building corner elevations • House and Lot Type: rear to front/split lot/walk-out basement, etc. • Location of Internal Catch Basins/Soak Away Pits-grate and invert elevations • Location of Sump Pump discharge (not discharging to driveway or septic tank) • Location of all Rainwater Leaders/Downspouts (not discharging onto driveway) • Finished First Floor elevation (F.F.F.) • Top of Foundation Wall elevation (T.F.W.) • Finished Basement Floor elevation (F.B.F.) • Underside of Footings elevation (U.S.F.) • Finished Garage Floor elevation (F.G.F.) • Underside of Footings Garage elevation (U.S.F.G.) • Location and Elevation of all Entrances including#of Risers • Location and Elevation of all Walkways, Patios, Deck and Porches • Location and Elevations (Top and @ Grade)of Retaining Walls 7.1.5 The Developer further agrees to construct all servicing works required under Clause 2.4, and as shown on the approved General Servicing Plans GS-2 to GS-4, Storm Sewer Drainage Plans STM-2 to STM-5, Notes, Details and Standards D-1 to D-7, Water Distribution and Swabbing Plan WAT-1 and WAT- 2, Lot Grading Plans LG-4, LG-7 to LG-9, LG-11 to LG-12, Plan and Profile Drawings PP-1 to PP-4, PP-8, and PP-20, Stormwater Management drawings SWM-1 to SWM-3, Siltation and Erosion Control Plans SC-2 to SC-4, and SC-7, and Tree Protection and Compensation Plans LP-1, LP-3, LP-6, and LP-7, and Landscape Details LD-1, to the satisfaction of the Township and the Township's Engineering Consultant. 7.1.6 The Developer further agrees to advise all prospective lot Purchasers of the requirements that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 7.1.7 The Developer shall install a reasonably permanent marking or monument system clearly identifying the location of the wetland buffer on each lot or block affected, prior to occupancy of any such residential lot or block. Further, the developer agrees to include a statement advising of the marking system requirement in all offers to purchase and Agreements of Purchase and sale for said lots and blocks. 7.1.8 Model Homes Notwithstanding Section 8.1 (Substantial Completion of Underground services) and Section 7.2 (Requirements for Building Permits), the Township agrees, after registration of the plan,that the Developer, once making Building permit application and receiving approval from the Development Services Committee for a model(s) home,the Township shall issue model home permit(s)for such lots and locations as are acceptable to the Township subject to the plans being in conformity with the Ontario Building Code, and the Developer not being in default of any of the terms in this Agreement. The Developer agrees that none of the model home(s)shall be occupied until a Provisional Certificate of occupancy has been issued for each model home in accordance with the normal occupancy provisions of this agreement. 30 Page 312 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... In the event the Developer wishes to erect a model home(s)prior to the registration of the Plan, the Developer shall be subject to the requirements (Separate site plan agreement)of the Township, and these requirements shall not supersede or in any way relieve the Developer of its responsibilities as set out in this Agreement. 7.2 REQUIREMENTS FOR BUILDING PERMITS The Developer acknowledges and agrees that final approval or registration of the Plan of Subdivision approval by the Township, or the acceptance by the Township of the servicing works set out in this Agreement shall not be deemed to give any assurance that Building Permits,when applied for,will be issued in respect of the lots or blocks shown on the Plan of Subdivision. The Township reserves the right to withhold building permits until the requirements of this Agreement, and all other requirements of all relevant agencies, have been completed to the satisfaction of each agency, and the Township has been notified in writing of satisfaction of these items by the relevant agency in addition to the completion of commissioning of the water and sewage servicing works for the Plan of Subdivision. The Developer and Township agree that no building permits shall be applied for nor issued by the Township for permitted uses as set out in the Township of Oro-Medonte Zoning By-law 97-95, as amended, until the Township is satisfied that acceptable road access,water supply, sanitary sewage and stormwater drainage facilities are available to service the Plan of Subdivision in addition to all other requirements set out in Section 7 herein. Despite the foregoing and despite the provisions of the Building code Act, R.S.O. 1990, c.B.13, the Developer understands and agrees that no building permits will be issued until all of the requirements of this Agreement and specifically this Section, have been met. For the purposes of the Building Code Act, R.S.O. 1990, c.B.13, the Parties hereby agree that the requirements of this Agreement, including specifically this Section, shall constitute"applicable law". Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) The submission of all provincial and municipal approvals; (ii) Lots that are subject to Site Plan Control under Section 41 of the Planning Act will not be issued a building permit until a Site Plan Agreement has been entered into between the municipality and the owner of the lot. (iii) Sewage system allocation/or approval has been obtained and submitted to the Township. (iv) The Certificate of Substantial Completion and Maintenance for Municipal Servicing Works has been issued by the Township for the water supply and distribution system, sanitary sewer system, storm sewer system, the road(s) have been constructed up to an including base coarse asphalt, providing access to the lot in accordance with the Township's Development Engineering Policies, Process and Design Standards to the satisfaction of the Township's Engineering Consultant and/or Manager, Development Engineering, and the submission of the completed Declaration of Progress and Completion as per Schedule"I". (v) The required Composite Utility Plan has been approved by the Township and the underground services such as Bell Telephone, Electricity, Cable TV and Natural Gas have been installed to the property line of the lot. 31 Page 313 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... (vii) Approval of the Township's Engineering Consultant and/or Manager, Development Engineering has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "L" hereto. (viii) Signs denoting "ROAD NOT ASSUMED BY TOWNSHIP—USE AT YOUR OWN RISK" and information as to the SUBDIVISION NAME, DEVELOPER, GENERAL CONTRACTOR and ENGINEERING CONSULTANT have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 3.1.9. (ix) An Engineered Lot Grading Plan has been prepared the Developer's Consulting Engineer acknowledging that the building to be erected on any lot or block within the Plan of Subdivision, for which a Building Permit has been applied for, is in conformity with the Overall Lot Grading Plans. In the case where another recognised design professional (P.Eng., OILS, C.E.T.) prepares an Engineered Lot Grading Plan,for which a Building Permit has been applied for, proof of review and affirmation of conformance within the Plan of Subdivision and the Overall Lot Grading Plans by the Developer's Consulting Engineered shall be required. The Engineered Lot Grading Plan shall be approved by the Township and/or Township's Engineering Consultant prior to the issuance of a Building Permit. (x) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 7.7. (xi) The Traffic and Street Name signs have been installed and approved by the Township. (xii) Payment of Development Charges Fees and other applicable levies. (xiii) Certification by the Township and/or Township's Engineering Consultant if the subdivision is being constructed in phases that the preceding phase meets all requirements for occupancy as set out in Clause 7.1 (xiv) Payment of lot grading deposit of one thousand dollars ($1000.00)per lot. 7.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "L"of this Agreement. Examples of conditions requiring special attention may be, but are not limited too: degree of slope, soils stability, environmental restrictions,waterfrontage, Species at Risk, Engineered Fill, etc. Prior to the issuance of a Building Permit for any lot listed in Schedule "L", the Developer's Consulting Engineer must submit a letter to the Township's Engineering Consultant and/or Manager, Development Engineering outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 7.4 SPECIAL BUILDING PERMITS 7.4.1 No Occupancy Agreement Building permits cannot be obtained or issued until certain vital services listed in Section 8.1 are installed and accepted by the Township's Engineering Consultant and the Township. The Township agrees that if the Developer or a builder wishes to obtain a building permit prior to the installation of vital services listed in Section 8.1, a building permit may be issued provided the Developer or builder has executed a"No Occupancy Agreement" in the form set out in Schedule"M" and has deposited the sum of$7,000.00 in bond per lot or unit with the Township as a guarantee that no building 32 Page 314 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... that no building or structure will be occupied and subject to the registration on title of the"No Occupancy Agreement." The Owner agrees to be liable to pay all costs related to the preparation, registration and release of the"No Occupancy Agreement". 7.6 CONFORMITY WITH GRADING Prior to issuance of a building permit for any lot on the Plan, an Engineered Lot Grading Plan is required to be approved by the Township in accordance with Section 7.1. The Engineered Lot Grading Plan will indicate the proposed building and lot, municipal address, and elevation of the top of foundation wall and shall be in compliance with the Overall Lot Grading Plan for the subdivision. Any variance to the Overall Lot Grading Plan by more than 0.15m in elevation must receive approval from the Township. The Developer agrees that each building permit will be issued on the condition that no construction of any building will proceed beyond the completion of the footing and then the foundation wall until the Developer has provided the Township's Chief Building Official with a certificate from the Developer's Consulting Engineer, Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist certifying that the elevation of the underside of the footings and then the top of the constructed foundation wall of the building conforms to the elevation shown on the Individual Site Plan and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or Township's Engineering Consultant. 7.7 MUNICIPAL ADDRESS SYSTEM The Developer's Consulting Engineer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office and including on the final approved engineering drawings. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the aforementioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 7.8 REQUIREMENTS FOR OCCUPANCY 7.8.1 Occupancy Certificate means a report issued to allow occupancy of a building. No buildings erected on the lots or blocks within the Plan shall be occupied until an Occupancy Certificate has been issued by the Township's Building Department in accordance with the Township's Building By-Law and the Ontario Building Code— Division C,Articles 1.3.3.1 and 1.3.3.4 and the Building Code Act II(1). Notwithstanding requirements of the Township's Building By-law and the Ontario Building Code, an Occupancy Certificate shall not be issued until: (i) The requirements for the issuance of a Building Permit—Section 7.2 and the issuance of a Certificate of Substantial Completion and Maintenance —Section 8.1 have been met. (ii) A driveway culvert(as required) has been provided to the satisfaction of the Township, in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards. 7.8.2 Final Inspection means a report issued when all outstanding items on an Occupancy Certificate, including grading, have been completed and there is compliance with the Ontario Building Code. Notwithstanding requirements of the Township's Building By-law and the Ontario Building Code, a Final Inspection Report shall not be issued until: (iii) A Lot Grading Certification Letter has been provided by the Developer's Consulting Engineer, or a Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist, indicating that the final grading of 33 Page 315 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... the lot or block for the building constructed, is in conformity with the Engineered Lot Grading Plan or such variance there from has been approved by the Manager, Development Engineering or Township's Engineering Consultant. (iv) Any deficiencies on an Occupancy Certificate have been complied with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of the dwelling for any lot or part of a lot on the said Plan. 7.9 REQUIREMENTS FOR WINTER OCCUPANCY Should the Developer require Occupancy between October 1 and April 15, the final lot grading and the application of sod/seed shall be completed by the following September 30 (following year)from Provisional Occupancy. Should the Developer require Occupancy between April 16 and October 1, the final lot grading and the application of sod/seed shall be completed by the following June 30 (following year)from Provisional Occupancy. In addition, if the Final Lot Grading is not completed prior to Occupancy, the Developer's Consulting Engineer shall provide the certification that the lots requesting Occupancy have a base grade, swales, driveway culverts (as required)and all slopes are graded to conform to the Overall Lot Grading Plan and minimum engineering design standards. The Developer agrees that if the final lot grading has not been completed within the aforementioned time lines, the Township may immediately proceed to have the final lot grading completed at the Developer's expense. Further, it is agreed by the Developer that the lot grading security deposit will not be reduced until the Township and/or Township's Engineering Consultant is satisfied having received a Letter of Certification for Lot Grading Completion from the Developer's Consulting Engineer and by having completed a site inspection. 7.10 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.1 are installed to the home occupied to the satisfaction of the Township's Engineering Consultant and/or Manager, Development Engineering, then the Developer agrees to pay to the Township, liquidated damages in the amount of TWO HUNDRED DOLLARS($200.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township's Engineering Consultant and/or Manager, Development Engineering that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30)days of the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. 34 Page 316 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... PART-8 SUBSTANTIAL COMPLETION AND MAINTENANCE AND ACCEPTANCE AND FINAL ASSUMPTION OF MUNICIPAL SERVICES 8.1 SUBSTANTIAL COMPLETION and MAINTENANCE OF MUNICIPAL SERVICING WORKS Certificate of Substantial Completion and Maintenance shall mean a Certificate issued by the Township upon the recommendation of the Township's Engineering Consultant and/or Manager, Development Engineering confirming the Municipal Servicing Works installed by the Developer under the provisions of this Agreement have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township's Engineering Consultant and/or Manager, Development Engineering. The issuance of a Certificate of Substantial Completion and Maintenance shall not constitute an assumption of the Municipal Servicing Works by the Township. Works completed and certified to obtain a Certificate of Substantial Completion and Maintenance shall include (but not limited to)the following: i) Sanitary Sewers, Pumping Stations, Appurtenances and Service Laterals ii) Storm Sewers, Appurtenances, and Stormwater Management Facilities iii)Watermain, Appurtenances and Service Laterals iv) Other Utilities Servicing (Gas, Hydro, Bell, Cable TV, etc.) v)Traffic Signage (temporary as applicable) vi) Streetlighting (erected and energized) vii) Granular Base Course and Granular Surface Course viii) Base Course Asphalt ix) Roadside Ditches and Shoulders x) Curbs and Gutters The Township's Engineering Consultant and/or Manager, Development Engineering shall issue a Certificate of Substantial Completion and Maintenance of Municipal Services when the Municipal Servicing Works have been inspected and certified as being constructed in accordance with Township Standards and this Agreement. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The minimum two (2) year maintenance period will commence from the date the Township approves the issuance of the Certificate of Acceptance and Maintenance. The Developer shall be responsible for the all maintenance and repairs of the Municipal Servicing Works. Refer to 8.2 The Developer shall also be responsible for the operation costs until the Township has issued a Certificate of Acceptance and Final Assumption for the Municipal Servicing Works Refer to 8.3 8.2 MAINTENANCE OF MUNICIPAL SERVICING WORKS The Developer will be responsible for the repair and maintenance of all the Municipal Servicing Works until the expiry of a minimum period of two (2) years from the date the Township approves the Certificate of Substantial Completion and Maintenance. The minimum period shall be called the Maintenance Period. 35 Page 317 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... During the Maintenance Period, maintenance of the Municipal Servicing Works shall include, but not be limited to: • Maintaining road surfaces, curbing, ditches, sidewalks/trails, fencing, signage and all other above ground Municipal Servicing Works • Sweeping, flushing and the removal of dirt and debris from road surfaces • Winter Maintenance Operations (snow plowing, sanding, salting, snow removal, etc.)—Refer to Schedule"J" • Maintaining and mowing of grass within the road allowances, as well as the parkland and naturalized areas (as may be required). • Maintaining ALL underground Municipal Servicing Works infrastructure storm sewers, sanitary sewers, water main, etc. • Maintaining street lighting infrastructure including all hydro electricity charges incurred • Maintaining stormwater management facilities and any appurtenances associated with same If, during the Maintenance Period, the Developer fails to carry out maintenance work within forty-eight (48) hours after receipt of notice for the works to be undertaken from the Township, then the Township may, without further notice, arrange for others to undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the original estimated cost of the servicing works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2) year period noted above, the maintenance period will continue for the original two (2) years, or for thirty (30) days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater. Note: Should, over the time of the Maintenance Period, extensive repairs to or replacement of any of the Municipal Servicing Works have been required, the Maintenance Period may be extended to accommodate said repairs or replacement, at the sole discretion of the Township. Assumption, Roads: Upon the expiry of the Maintenance Period for the pavement structure of roads within the plan (excluding the top course of asphalt) and where necessary the rectification of any noted defects or the realization upon security for such purposes, the Municipality shall assume the road pursuant to section 31(4) of the Municipal Act, 2001 through adoption of an "assumption by-law". 8.3 ACCEPTANCE and FINAL ASSUMPTION of MUNICIPAL SERVICES Certificate of Acceptance and Final Assumption shall mean a Certificate issued by the Township upon the recommendation of the Township's Engineering Consultant and/or Manager, Development Engineering confirming the ALL of the Municipal Servicing Works (identified in Schedule"G") installed by the Developer under the provisions of this Agreement have been completed in accordance with plans and specifications reviewed and accepted by the Township's Engineering Consultant and/or Manager, Development Engineering. Works completed and certified to obtain a Certificate of Substantial Completion and Maintenance shall include (but not limited to)the following: i)All Municipal Servicing Works identified in Section 8.1 and having passed a 2 (two) year maintenance period as per Section 8.2 In addition, the following Municipal Servicing Works shall include and having passed a 2 (two) year maintenance period as per Section 8.2 36 Page 318 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... ii)Surface (Top)Course of Asphalt iii)Asphalt in Driveway Aprons/Driveway Paving iv) Boulevard Grading Topsoil, Sod or Seed v) Fencing of Ponds, Walkways and Perimeter/Boundaries (as applicable) vi) Parkland Grading Topsoil, Sod or Seed and Equipment and Fencing vii) Permanent Signage and Pavement Markings. viii)Sidewalks and Walkways (where applicable) On receipt of the Developer's request for a final inspection of the municipal services, the Township's Engineering Consultant and/or Manager, Development Engineering shall undertake an inspection to ensure that the Township will accept the municipal servicing works in accordance with this Agreement for the subdivision or for a particular phase. (The Surface Lift of Asphalt for the subdivision roads cannot be placed until 70% (seventy per cent)of the lots have completed dwellings and have been issued a Certificate of Final Occupancy). Should the Township's Engineering Consultant and/or Manager, Development Engineering be satisfied, the Director of Development Services will recommend to the Township that the Municipal Servicing Works be Accepted and that the Council of the Township pass the appropriate by-law to Assume ALL of the Municipal Servicing Works included within this agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for or take over any of the subdivision servicing works until at least seventy per cent(70%)of the lots on the subdivision or phase of the subdivision have completed dwellings erected and therein and the Certificate(s)of Final Occupancy have been issued. Note: Security for all Landscaping Works shall be held by the Township for twelve (12) additional months following the issuance of the Certificate of Final Acceptance and Assumption. 8.4 REPLACEMENT OF SURVEY BARS Prior to the final assumption of the subdivision by the Township,the Developer agrees to supply a statement from an Ontario Land Surveyor approved by the Township that after the completion of the subdivision work, he has found or replaced all survey monuments, standard iron bars and iron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 8.5 RELEASE OF LAND The Developer,when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance there from as has been approved by the Township's Engineering Consultant and/or Manager, Development Engineering. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release,with the exception of the responsibility for drainage as outlined in Clause 8.6 and the completion and maintenance of the services. 8.6 DRAINAGE—RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and once assumed the subsequent owners,from time to time,of the lots or blocks within the Plan of Subdivision. The Developer and then subsequent owners of the lots or blocks within the Plan of Subdivision,from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Clause 8.3 of this Subdivision Agreement. The Developer agrees to provide a copy of Clause 8.6 to 37 Page 319 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and then subsequent owners,from time to time,of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims,demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and then subsequent lot owner(s). Any invoices not paid within thirty(30) days after due date,shall be added to the tax roll and collected in a like manner as realty taxes as per Section 446 of the Municipal Act, 2001. PART-9 DEFAULT PROVISIONS 9.1 RIGHT TO REALIZE UPON ANY SECURITIES Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies,when the Developer is deemed by the Township to be in default of this Agreement,the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 4.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building Permits and/or the Certificate of Final Occupancy, and the Developer agrees not to apply for any Building Permits or the Certificate of Final Occupancy for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 9.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors,administrators and assigns. 9.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province, Township of Oro-Medonte or other public body,such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change or policy of the Provincial Government or of the Township. 9.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs,charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement,together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement,shall be a first charge or lien against the said lands in accordance with the provisions of Section 446 of the Municipal Act,2001. 38 Page 320 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this 26t" day of May, 2021. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per Per H. S. Hughes Y. Aubichon Title Mayor Title Clerk BRAESTONE DEVELOPMENT CORORATION Per J. David Bunston Title Treasurer 39 Page 321 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte, in the County of Simcoe, and being composed of the whole of the lands described as follows: THE E1/2&W1/2 LOT 3 CONCESSION 9 ORO AND E1/2 &W1/2 LOT 2 CONCESSION 9 ORO, PART 1 PLAN 51 R21804,SAVE & EXCEPT PART 1 PLAN 51 R28741, PLAN 51 M- 1070, PLAN 51M-1113, PLAN 51M-1181AND 51M-1191; SAVING AND RESERVING FROM THE E1/2 LOT 2 CONCESSION 9, ALL MINES AND MINERALS, WHETHER SOLID, LIQUID OR GASEOUS, WHICH MAY BE FOUND TO EXIST WITHIN, UPON OR UNDER SUCH LANDS; T/W FULL POWER TO WORK THE SAME AND FOR THIS PURPOSE TO ENTER UPON, USE AND OCCUPY THE SAID LANDS OR SO MUCH THEREOF AND TO SUCH EXTENT AS MAY BE NECESSARY FOR THE EFFECTUAL WORKING AND EXTRACTING OF THE SAID MINERALS, AS DESCRIBED IN ORO17078 SUBJECT TO AN EASEMENT IN GROSS OVER PART E1/2 LOT 2 CONCESSION 9 ORO, PART 1 PLAN 51 R40262 AS IN SC1266952 TOGETHER WITH AN EASEMENT OVER SCP460 AS IN SC1595230 TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380 SUBJECT TO AN EASEMENT IN GROSS OVER PART W1/2 LOT 3 CONCESSION 9 ORO, PARTS 1 &2 PLAN 51R42440 AS IN SC1671532 SUBJECT TO AN EASEMENT IN GROSS OVER PARTS 1 &2 ON 51R42732 AS IN SC1739421 TOWNSHIP OF ORO-MEDONTE BEING ALL OF PIN 58532-0305 LT 40 Page 322 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION PLAN OF SUBDIVISION Phase 2 Group D Lots 1 to 25 PLAN OF SUBDIVISION 51-M 41 Page 323 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS($2.00)and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easements shall be conveyed as Part of Phase 2 Group D: • Georgian Grande Drive and Thoroughbred Drive as public highways • Block 26 to be deeded to the Condominium Corporation as a Wetland Block • Blocks 27 to be deeded to the Condominium Corporation as a wetland access block 42 Page 324 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per-lot basis prior to the issuance of a Building Permit for each lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with the Township of Oro-Medonte's By-Law at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please also be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; for the Simcoe County District School Board, the Superintendent of Facility Services; and in the case of the County of Simcoe, the County Clerk. Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development Charges Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990, c.E.2, may be amended or superseded by subsequent By-Laws enacted in accordance with the respective legislation. (iv) Development Charges in accordance with the County of Simcoe's By-law at the rate applicable, upon the issuance of the first building permit for each lot upon which charges are payable. 43 Page 325 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION STANDARD TOWNSHIP LETTER of CREDIT(IRREVOCABLE) DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ 1.373.404.69 Except as otherwise expressly stated,this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits(1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100,Oro-Medonte Ontario, LOL 2X0 We hereby authorize you to draw on the Bank of Ontario, ,for the account of up to an aggregate amount of ($$$$$$$$) which is available on demand. Pursuant to the request of our said customer, we, the Bank of , Ontario, hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount,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 enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of , Ontario, . The Letter of Credit,we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte,with Mortgage Company, as a third party, regarding subdivision of (property description) 44 Page 326 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year,from the present or any future expiration date hereof, unless at least thirty(30)days prior to the present, or any future expiration date,we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at Ontario,this day of 2021. Authorized Signature Authorized Signature Bank of 45 Page 327 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION PARKLAND DEDICATION N/A 46 Page 328 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION SERVICING WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, watermain and appurtenances, including service connections, all road works, including curbs and gutters in accordance with the approved Engineering Drawings to service the Braestone Subdivision (Phase 2 Group D) in the Township of Oro-Medonte. C.C. Tatham &Associates Ltd. Drawing Rev Prepared by Title Page Tatham Engineering Limited Index Tatham Engineering Limited PH-1 Phasing Plan 9 Tatham Engineering Limited GS-2 General Servicing Plan 9 Tatham Engineering Limited GS-3 General Servicing Plan 8 Tatham Engineering Limited GS-4 General Servicing Plan 8 Tatham Engineering Limited SC-2 Siltation and Erosion Control 9 Tatham Engineering Limited SC-3 Siltation and Erosion Control 8 Tatham Engineering Limited SC-4 Siltation and Erosion Control Details 8 Tatham Engineering Limited SC-7 Siltation and Erosion Control Details 4 Tatham Engineering Limited STM-2 Storm Sewer Drainage Plan 9 Tatham Engineering Limited STM-3 Storm Sewer Drainage Plan 8 Tatham Engineering Limited STM-4 Storm Sewer Drainage Plan 8 Tatham Engineering Limited SWM- Stormwater Management Plan and 1 Sections 9 Tatham Engineering Limited SWM- Stormwater Management Plan and 9 Tatham Engineering Limited 2 Sections SWM- Stormwater Management Sections and 3 Details 4 Tatham Engineering Limited LG-4 Lot Grading 9 Tatham Engineering Limited LG-7 Lot Grading 8 Tatham Engineering Limited LG-8 Lot Grading 6 Tatham Engineering Limited LG-9 Lot Grading 6 Tatham Engineering Limited LG-11 Lot Grading 6 Tatham Engineering Limited LG-12 Lot Grading 8 Tatham Engineering Limited PP-1 Plan & Profile Oldenburg Court 8 Tatham Engineering Limited PP-2 Plan & Profile Oldenburg Court 8 Tatham Engineering Limited PP-3 Plan & Profile Cleveland Court 6 Tatham Engineering Limited PP-4 Plan &Profile Easement Friesian Court— 8 Tatham Engineering Limited Oldenburg Court PP-8 Plan & Profile Easement Oldenburg 8 Tatham Engineering Limited Court PP-20 Plan & Profile Easement Oldenburg 8 Tatham Engineering Limited Court GA-1 General Arrangement 7 Tatham Engineering Limited GA-2 General Arrangement 7 Tatham Engineering Limited GA-3 General Arrangement 7 Tatham Engineering Limited GA-4 General Arrangement 7 Tatham Engineering Limited S-1 Decorative Bridge General Arrangement 4 Tatham Engineering Limited Plan and Notes S-2 Decorative Bridge Notes and Details 4 Tatham Engineering Limited 47 Page 329 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... D-1 Notes and Details 8 Tatham Engineering Limited D-2 Township Details 8 Tatham Engineering Limited D-3 Township Details 6 Tatham Engineering Limited D-4 Ontario Standards and Township Details 6 Tatham Engineering Limited D-5 Ontario Standards and Township Details 6 Tatham Engineering Limited D-6 Ontario Standards and Township Details 6 Tatham Engineering Limited D-7 Ontario Standards and Township Details 6 Tatham Engineering Limited WAT-1 Water Distribution and Swabbing Plan 9 Tatham Engineering Limited WAT-2 Water Distribution and Swabbing Plan 9 Tatham Engineering Limited LP-0 Key Plan Envision Tatham Inc. LP-1 Tree Protection and Compensation Plan Envision Tatham Inc. LP-3 Tree Protection and Compensation Plan Envision Tatham Inc. LP-6 Tree Protection and Compensation Plan Envision Tatham Inc. LP-7 Tree Protection and Compensation Plan Envision Tatham Inc. LD-1 Landscape Details Envision Tatham Inc. Note: The aforementioned drawings were stamped "Accepted for Construction" by the Township's Engineering Consultant on January 9, 2020. 48 Page 330 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "H" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION ITEMIZED COST ESTIMATE OF SERVICING WORKS The following list summarizes the cost estimate of the major servicing works, but is not necessarily inclusive: BRAE SU 0 S.RU T PHASE 2 GEORGIAN GRA=I Contracf No 10305 RUCTION ACCESS ROAD SCM1etlule of Unit iPrices REM ESTIMATED No_ DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT GEORGIAN GRANDE DRIVE l o O.1 RK Single Heavy Duty Silt Fence 1 981 $20.00 $39,620 DO 1.02 Double Heavy Duty Silt Fence c\w Straw Bale 235 $50 DD $11]50 DO 1.03 Temporary Straw Bale Clleck Dam 16 $150 Do $2,70000 11 $700 00 $6,300 DO t.05 Consirucfon EntrancecMud Mat ea 1 $]DDODO $1000 DO 1.06 xrava on a atling a)S. and Stockpile Topsoil(R O W) 4,854 $5 50 $26 69]Do b)sa Topsoil(R O W_) M. 4854 $4.50 $21 8 oo c)Excavation and Gradng C-11 OR O W_) M. 5,93] $5 50 $_'­50 tl)Excavaton and Grading-wrplus earth cut-R.O V.to lots m 4,121 $5 50 $_'­So Subtotal of Site Work. $171,229.00 20 ROADWORK $15 00 1,2111 2.02 Or.......P(400mm) 12,040 519.�0 $16G,100.00 203 Granu1-w(150mm) 10,3]9 Woo $93,41100 2.09 Concrete Curb and Gulley 329 $85 00 $2],200 DO oAspbalt H4(Omm) ,06 $11 D0 $] 06 Saese $000 $]0.2 Do 2 Apat HL-3(4m) 2 20.0 2.07 Aspbalt Boulevard-Hand Tamped 160 $15 DO $2 400 DO 2 08 Aspbalt Spillway 6 $225 DO $1 350 DO $100.00 $26,]00 DO 2.1 O Grad eTopsail and Sod Boulevertl t0,9]0 $]50 $82 2]5 DO 2.11 Combignd4OWD m 1320 $15 D0 $19800Do Subtotal of Road Works $592,Oa9 00 3D WATERMAIN _ $t0000 $1962]O DO 3.03 150mm Dia HDPE(Okeclgnai O011ed) 1 50 $40O.Do $20,800 DO 3.03 150mm dia-Gate Valve 4 $3,]OODD $1480000 3.04 Hydra.,Valve and Lead. Entrance 6 $8,500 DO $51600 Do 3.05 Dia.PVC Water Service 25 $2,000 DO $50,000Do 3 -- .06 PRVValves LS 1 $20,OD0 DO $2D,000 Do as $S,Snn nn $,,-.nn 3.06 Plug and Tbrusl block ea 1 $2,-..0 $2.500 00 Subtotal of Wa--n Works $9......... 44..1 O S 300mm die-Btprm Sewer 220 $300 DO $66 000 Do $3]5 O0 $33,000 Do 4.3 600mm n6oOmm Dilcb Inlet Catcbbasin 32 $3,5D000 $112,W000 $5,".DO $5,]50 00 4.05 1500mmxdia_Dpuble Cafcbbas nb Marvbole 1 $B,SDODO $8500 Do 4.OG Infltralion Tancb far Dilcb 491 $190.00 $90,OGG.00 4.0] Clean Out 16 $72000 $115 Do 4.06 Concrete Headwall c Grate 1 $B,700 DO $B,]OO 00 4.09 DRcb Clutlet Rip Rap m 163 $75 DO $12187 50 Subtotal oT Storm Sewer Works $351,029.50 SS r, R StrearnOCmissirng Culvert sla o-lo0-CA-1 LS 1 $20O,ODODO $20D 0000o 5.02 Stream Crossing Culvert sta OIB20-GA-2 LS 1 $50,Goo DO $50D00 Do Subtotal of GGD Stream Crossings $26D,000.00 066001 R C Stream Crossing Culvert s P,725-GA-3 LS $50,ODO DO $SO,DOO DO 6.02 1--Crossing Culvert sta 2­035 CA 4 LS 1 $50,00o DO $50,000 DO Subtotal W Stream Crossing-Thorough-d Dd. $100,000 00 ]0 MISCELLANEOUS 7.01 S[ppJSDO Sgns 3 $350 DO $1 O50 DO 3bta]Oz street Lk a $s,DoODo $11 ogD DD n nrw Ctw nnwO as $1,8On nn $as$2]nn50Dn nn ].04 street Tyrees ea so $42500 2o Subtotal of Miscellaneous $82,300.00 Subtotal(1-]) $1,986,665.60 1 D io commgan�y $190 cs6ss HST(13-/.) $212 653.1T Twat $2,9aa,a6c.z2 LETTER OF CREDIT REQUIRED Subtotal (100% of estimated costs) $ 1,906,665.50 Plus contingency (10%) 190,666.55 Plus HST (13%) 272,653.17 Less pre-servicing securities held by Township 996,580.53 TOTAL REQUIRED SECURITIES FOR SUBDIVISION AGREEMENT $ 1,373,404.69 49 Page 331 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "I" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER CONSULTING ENGINEER As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION The Developer(s) dated 1. The Developer hereby agrees and undertakes to complete the construction of the Municipal Servicing Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township's Engineering Consultant and/or Manager, Development Engineering and more specifically in accordance with the following schedule and conditions: Note: Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 7.1, shall be complied with. On or Before a) Sanitary Sewers and Lateral Service Connections NW b) Water Main and Servicing Connections December 1, 2020 c) Stormwater Management Pond NW d) Storm Sewers /Ditches/Basins December 1, 2020 e) Road Base -Granular"B" and Granular"A" December 1, 2020 f) Base Lift of Asphalt on or before December 1, 2020 g) Installation and Energization of Streetlighting July 1, 2021 h) Black Vinyl Chain Link Fencing N\A i) Landscaping /Street Trees NW j) Parkland Servicing N\A 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such 50 Page 332 of 348 17.a) 2021-039:A By-law to Authorize the Execution of a Subdivision Agr... completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer further agrees to shall apply calcium or other Ministry of the Environment and Climate Change approved dust suppressant to those roads within the subdivision and/or utilized by construction traffic, that have not had asphalt surfaces applied, in quantities sufficient to prevent any dust problem to traffic or home occupants, and further to undertake water flushing and mechanical sweeping and cleaning to those roads within the subdivision and/or utilized by construction traffic, that have had asphalt surfaces applied, sufficient to prevent any dust problem or mud tracking to traffic or home occupants, to the satisfaction of the Township until the Certificate of Final Acceptance and Assumption has been issued. 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by the Developer within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20%for overhead; 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4,shall pay to the Township, as predetermined liquidated damages, the sum of TWO HUNDRED DOLLARS ($200.00)for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. BRAESTONE DEVELOPMENT CORPORATION Per J. David Bunston Title Treasurer Seal or Witness Date 51 Page 333 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION WINTER ROAD MAINTENANCE Winter Road Maintenance shall include; snow plowing, sanding, salting, snow removal and any other winter maintenance operations, undertaken in a time frame and at the appropriate service level to ensure safe use of the public highway and, at a minimum, in the same manner as the Municipality removes snow and ice from its public highways. Winter Road Maintenance shall only be carried out by the Township: 1. At times deemed by the Township to be an emergency under authority of section 6.14("emergency works"); or 2. Under the terms of a separate agreement whereby the Township is contracted to undertake such maintenance as the Developer's agent(an "Unassumed Subdivision Road Winter Maintenance Agreement"). The Developer agrees that it shall pay the Municipality for undertaking such emergency work at the rates articulated in the"Unassumed Subdivision Road Winter Maintenance Agreement" and such amounts shall be paid by the Developer within thirty (30) days of the date of billing. Payment for non-emergency work shall be in accordance with the terms of an Unassumed Subdivision Road Winter Maintenance Agreement). The Developer agrees that failure to pay for such emergency work or work conducted under an Unassumed Subdivision Road Winter Maintenance Agreement shall entitle the Municipality to realize upon any cash deposits or security lodged under this Agreement in accordance with the procedures outlined in Parts 4 and 9 of this Agreement and/or such Unassumed Subdivision Road Winter Maintenance Agreement. It is agreed by the Developer that should damage or interference with the municipal servicing works of the Developer by the Township undertaking emergency winter road maintenance, the Developer will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. Where the Township undertakes Winter Road Maintenance under an Unassumed Subdivision Road Winter Maintenance Agreement the Municipality's liability for damage to municipal servicing works of the Developer shall be identified therein. It is agreed by the Developer that emergency winter control operations or work under an Unassumed Subdivision Road Winter Maintenance Agreement shall not prejudice the Township's rights to enforce the maintenance provisions and Substantial Completion and Maintenance or Final Acceptance and Assumption provisions in this agreement. Per J. David Bunston Title Treasurer Seal or Witness Date 52 Page 334 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "K" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION MASTER MONITORING DOCUMENT The Developer shall collect baseline data respecting groundwater and surface water in accordance with the"Master Monitoring Document Buffalo Springs Property" prepared by Michalski Nielsen Associates Limited, dated January 2006 and revised June 2009. The most recent being the 2019 Master Monitoring Report- Braestone Project prepared by Beacon Environmental Revised July 2019. The Developer shall develop a long term monitoring program to the satisfaction of the Ministry of Natural Resources to be administered by an Environmental Committee and prepared in accordance with the"Monitoring Program—Environmental Impact Study Sabiston/Valdoro and Buffalo Springs Development' prepared by Michael Michalski associates on October 11, 1994. The Developer has obtained approval from the Ministry of Natural Resources by their letter dated July 16, 2009, in which the Ministry has approved the 2008 Master Monitoring Document dated December 2008 (Revised July 2009), which fulfills the Ontario Municipal Board condition and in which the developer shall comply with. 53 Page 335 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "L" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION LIST OF LOTS REQUIRING SPECIAL ATTENTION 1.0 Septic tile beds are not to be constructed within the steep slope limits (slopes greater than 15%), as indicated on the Engineering Drawings. 2.0 The following lots adjacent to wetland areas may require mantles: Lots 1-25. 3.0 The limits of the 20 metre buffer from the wetland and limit of tree protection on Lots 1-25 with no development being permitted within these limits, and that these Lots be subject to Site Plan Control under Section 41 of the Planning Act. Permanent markers will be placed at the intersection of the side lot line and/or near lot line and the line denoting the limits of the wetland buffer or limit of tree protection, whichever is the greater, as per approved Landscape Plans (Dwg. LP-3 by EnvisionTatham as Approved for Construction by the Township's Engineering Consultant on January 9, 2020). 4.0 Site Plans for Lots 1-25 shall be submitted to the Township and MNR for approval showing the following information: • The location of building envelopes; • The location of primary and reserve tile fields; • The location of Ianeways and parking areas; • The location of lands which have a slope greater than 15%; • The location of swimming pools and tennis courts, or any other proposed structure or facility; • The location of the wetland buffer; • The extent of forest cover to be maintained on the lot; • The location of the marker or monument identifying the limits of the wetland buffer or limit of tree protection, whichever is the greater; and Any Offer of Purchase and Sale for Lots listed above shall contain a clause which states that the Lots are subject to Site Plan Control under Section 41 of the Planninq Act, and that development will not be permitted on the Lots until a Site Plan Agreement has been entered into between the municipality and the Owner of the Lot. 54 Page 336 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "M" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION FORM OF NO OCCUPANCY AGREEMENT THIS AGREEMENT made in duplicate this day of ,2021 BETWEEN: (hereinafter called the "Owner") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO -MEDONTE (hereinafter called the "Township") OF THE SECOND PART WHEREAS the Owner represents that it is the owner of the lands hereinafter described (under an agreement to purchase the lands from by reasons of an agreement dated the day of 12021.). AND WHEREAS the lands hereinafter described form part of a Plan of Subdivision (Plan No. 51 M- ) covered by a Subdivision Agreement between (Owner) and the Township, dated , 2021. AND WHEREAS the said Subdivision Agreement provides that the building permits may be issued prior to roads and other municipal services being fully completed in accordance with the terms of the Subdivision Agreement upon certain conditions. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the Township issuing a building permit for the completion of a dwelling on Lot as shown on a plan registered in the Registry Office for the Registry Division of the County of Simcoe as Number or as shown on Plan files in the Land Titles Office of the County of Simcoe at Barrie as Parcel Number , the Owner for itself, its heirs, executors, administrators and assigns, hereby convenants and agrees that it will not occupy or permit anyone else to occupy the said dwelling or any part thereof until all the Underground Services and roads as required in the Subdivision Agreement, have been constructed, installed and provided, and have been accepted by the Township and its Engineer, and the travelled surface has been constructed to the satisfaction of the Township's Engineer, and the travelled surface has been constructed to the satisfaction of the Township's Engineering Consultant and/or Manager, Development Engineering pursuant to the Subdivision Agreement and adequate provisions have been made to provide for surface drainage and a satisfactory dust preventative has been applied. The Owner further covenants that it is the owner of the lands hereinbefore referred to. The Owner convenants that this Agreement may be registered against the said lands. The Owner further covenants to pay a cash or bond deposit to the ownership upon execution of this Agreement which will be forfeited to the Township if occupancy is allowed by the Owner in contravention of this Agreement or the Subdivision agreement and the Owner agrees to pay the cost of registration and to pay the Township for discharge of this Agreement. 55 Page 337 of 348 17.a) 2021-039: A By-law to Authorize the Execution of a Subdivision Agr... IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this day of ,2021. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per H..S. Hughes Title Mayor Per Y. Aubichon Title Clerk BRAESTONE DEVELOPMENT CORPORATION Per J. David Bunston Title Treasurer I have the Authority to bind the Corporation 56 Page 338 of 348 17.b) 2021-060: A By-law to Prohibit Heavy Truck Traffic on Certain High... The Corporation of the Township of Oro-Medonte By-Law No. 2021-060 A By-law to Prohibit Heavy Truck Traffic On Certain Highways within the Township of Oro-Medonte And to Repeal By-law No. 2012-180 (No Heavy Truck Routes) Whereas Section 11(3)of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes a municipality to pass by-laws respecting highways, including traffic on highways; And Whereas Council deems is appropriate to prohibit heavy truck traffic on certain highways under the jurisdiction of the Township of Oro-Medonte; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Definitions For the purpose of this by-law the following definitions shall apply: a) "heavy truck" means a truck having an unloaded weight of at least 4.6 metric tonnes. b) "sign" means a sign as described as"No Heavy Trucks" pursuant to Highway Traffic Act, R.R.O. 1990, Regulation 615—Signs, as amended. 2. Offences a) No person shall operate a heavy truck on the highways or parts of highways identified in Schedule"A"to this by-law. b) No person shall permit a heavy truck to be operated on the highways or parts of highways identified in Schedule"A"to this by-law. 3. Exemptions`. Notwithstanding Section 2 of this by-law, the provisions of this by-law shall not extend to the use of the said highways or parts of highways for deliveries to or removals from any premises abutting thereon, to emergency services vehicles, to public utility vehicles, to waste management vehicles while engaged in picking up waste from premises abutting thereon, to vehicles actually engaged in works undertaken for or on behalf of the Corporation, or to a privately-owned vehicle driven to or from the owner's residence abutting thereon. 4. Enforcement and Fines a) Every person who contravenes any provision of this by-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, and every such fine is recoverable under the Provincial Offences Act. b) The conviction of an offender upon the breach of any provisions of this by-law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision and the Judge or Justice may convict any offender repeatedly for continued or subsequent breaches of the By-law and the provisions of the Municipal Act, S.O. 2001, c.25, as amended, from time to time,shall further apply to any continued or repeated breach of this by-law. c) If any court of competent jurisdiction finds that any of the provisions of this by- law are ultra vires the jurisdiction of Council or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any Page 1 of 3 Page 339 of 348 17.b) 2021-060: A By-law to Prohibit Heavy Truck Traffic on Certain High... other provisions of the by-law which shall remain in full force and effect. 5. Repeal a) Township of Oro-Medonte By-law No. 2012-180 is hereby repealed in its entirety. 6. Enactment a) Schedule"A" attached hereto shall form part of this by-law. b) This by-law may be cited as"No Heavy Truck Routes". c) This by-law shall take effect on the final passing thereof. By-Law Read a First, Second and Third time, and Passed this 26t" day of May, 2021. The Corporation of the Township of Oro-Medont' Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 2 of 3 Page 340 of 348 17.b) 2021-060: A By-law to Prohibit Heavy Truck Traffic on Certain High... Schedule "A" to By-law No. 2021-060 for The Corporation of the Township of Oro-Medonte The prohibitions set out in Section 2 of By-law No. 2021-060 shall apply on the highways or parts of highways identified hereunder: Highway From To Moon Point John Moon Road Woodland Drive Road souther) Line 2 North 50/51 Sideroad Mount St. Louis Road West Line 2 South South of Bay Street The end of Line 2 South at Lake Simcoe Line 5 North Highway 11 Old Barrie Road West Line 9 North Highway 11 Old Barrie Road Line 12 North Highway 11 Old Barrie Road East Line 13 North Highway 11 Old Barrie Road East Line 14 North Highway 11 Old Barrie Road East Line 15 North Highway 12 Bass Lake Sideroad East Page 3 of 3 Page 341 of 348 17.c) 2021-061 , A By-law to Amend By-law No. 2021-020 "A By-law to Appoi... The Corporation of the Township of Oro-Medonte By-law No. 2021-061 A By-law to Amend By-law No. 2021-020 "A By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers" "Appointment By-law" Whereas Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administration practices are in place to implement the decisions of Council; And Whereas Section 15 of the Police Service Act, R.S.O. 1990 Chapter P. 15, provides the appointment of Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of a municipality; And Whereas the Council of The Corporation of the Township of Oro-Medonte did on the 1ot" day of February, 2021, enact By-law No. 2021-020, "A By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers"; And Whereas the Council of the Corporation of the Township of Oro-Medonte does now find it expedient to amend By-law No. 2021-020; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That effective May 10, 2021-September 7, 2021, Schedule"A" of By-law No. 2021-020 be amended by adding "Brooklyn Robinson" and Dallin Blunt." 2. That effective May 10, 2021-September 7, 2021, Schedule"B" of By-law No. 2021-020 be amended by adding "Brooklyn Robinson" and Dallin Blunt." 3. The By-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 26" day of May, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk,Yvonne Aubichon Page 342 of 348 17.d) 2021-062: A By-law to adopt the estimates of all amounts required ... The Corporation of the Township of Oro-Medonte By-law No. 2021-062 A By-law to adopt the estimates of all amounts required during the year and for levying the tax rates for the year 2021. Whereas Section 290 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes the Council of a local municipality to prepare and adopt estimates of all amounts required during the year; And Whereas Section 312 of the Municipal Act, 2001, S.O.2001, c.25, as amended, authorizes the Council of a local municipality to pass a by-law levying a separate tax rate, as specified in the by-law, on the assessment in each property class in the local municipality rateable for local municipality purposes; And Whereas the County of Simcoe has established by by-law the following tax ratios for the year 2021: Residential/Farm 1.000000 Multi-Residential 1.000000 Commercial 1.222300 Industrial 1.192500 Pipelines 1.296600 Farmlands 0.250000 Managed Forests 0.250000 Landfill 1.000000 And the County tax rates for the year 2021. And Whereas Ontario Regulation 400/98 establishes the Education tax rates for the year 2020; And Whereas Section 329 of the Municipal Act, 2001, S.O. 2001, c.25, as amended establishes limitations on the taxes for the commercial, industrial and multi-residential classes; And Whereas Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to pass by-laws imposing fees or charges for services provided by it; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as fo I I ows: 1. That the estimates of Operating Expenditures net of non-taxation revenue for the year 2021 for the purposes of the municipality shall be adopted as follows: Council $ 448,347 Administration 4,555,228 Heritage 21,290 Emergency Services 2,122,298 Police 2,850,458 School Crossing Guards 35,059 Municipal Law Enforcement 598,277 Environmental Services 810,864 Planning 855,713 Public Works 5,907,370 Street Lighting 28,000 Libraries 263,944 Parks and Recreation 1,288,716 Community Halls 61,265 Net Corporate revenue excluding tax levy (2,410,499) 17,436.331 Page 343 of 348 17.d) 2021-062: A By-law to adopt the estimates of all amounts required ... 2. That the estimates of capital expenditures net of non-taxation revenue for the year 2021 for the purposes of the municipality shall be adopted as follows: Reserve Transfers—Capital Replacement $3,293,908 Debt Repayment 1,450,392 Administration 131,325 Heritage 18,000 Recreation 93,500 Community Halls 45,400 Public Works 25,000 5.057.525 3. That the following amounts shall be raised by taxation within the Township of Oro-Medonte in the year 2021: Township General Purposes $22,493,856 County Purposes 13,787,745 School Board Purposes 9,409,642 Total Tax Levy $45,691,243 4. That the Tax Rates shown on Schedule "A" attached hereto and forming part of this By-law shall be levied upon and collected from the whole of the assessment for real property, in accordance with the last returned Assessment Roll for the Township of Oro-Medonte, as amended. 5. That in addition to the foregoing the following Special Charges and Collectables be levied and collected: (a) A levy for the purposes of recovering amounts advanced under the provisions of the Tile Drainage Act, Chapter T.8, R.S.O. 1990, as amended, from benefitting properties. (b) A special levy to collect the annual estimates for the following Street Lighting Areas in addition to any Street Lighting Areas that are assumed during 2021 apportioned on a flat rate basis of $57 to the benefitting properties: Shanty Bay Hawkestone Sugarbush, Plan M367, Plan M368 Oro Hills, Plan M324 Horseshoe Highlands, Plan M391, Plan M447, Plan M456, Plan M720 Beechwood Crescent, Plan M281 Bachly, Plan M679 Warminster, Plan M92, M104 Black Forest Estates, Plan M191 Canterbury, Plan M343 Harbourwood, Plan M118 Parkside Drive, Plan 875 Mount St. Louis Estates, Plan M112 Day Subdivision, Plan M162 Conder Drive, RP51 R624, RP51 R2163 Pritchard Subdivision, Plan 1626 Snowshoe Trail, Plan M174 Robin Crest Subdivision, Plan M101, Plan M123 Cairns Estates, Plan 1676 Kade Meadows, Plan M340, Plan M469 Forest Glen, Plan M264 Craighurst Estates, Plan M510 Windfield Estates Sprucewood, Plan M535 Maplehill, M633 Bidwell Rd (Woodland Estates), M726 Huronia Homes, M676, M807 Page 344 of 348 17.d) 2021-062: A By-law to adopt the estimates of all amounts required ... Lakewood Subdivision, Plan M381 Forest Home Industrial Park, Plan 1719, Plan 1720 Heights of Medonte, Plan M493 Simoro, M513 Sherwood Forest Winfull Landscape Drive Oakmont Tanglewood White Bros., Plan M593 Martinbrook M710 Lauder Road Plan M723 Fairway Forest Plan M746 Homire Plan M947 (c) An adjustment to taxes for the commercial, industrial and multi- residential classes as determined in accordance with Section 329 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. (d) A levy for any or all other amounts collectable pursuant to any statute or by-law and chargeable to any or all real property and business and/or person or persons to be raised in the same manner and at the same time as all other levies, rates, charges and/or collections. 6. (a) That the final tax bill less the interim tax bill be due and payable in two equal installments on or before Friday, July 30th, 2021 and Thursday, September 30th, 2021 for properties with no capping adjustments. (b) That the final tax bill less the interim tax bill be due and payable in two equal installments on or before Tuesday, August 31st, 2021 and Thursday, September 30th, 2021 for properties in the Commercial, Industrial and Multi- residential classes with capping adjustments. 7. The Treasurer is hereby authorized to mail or cause to be mailed the notice of taxes due to the address of the residence or place of business of the person to whom such notice is required to be given as shown on the latest revised Assessment Roll. 8. A penalty for non-payment of taxes shall be imposed not exceeding 1'/4% on the first day of default, and on the first day of each calendar month thereafter during the year 2021, until the taxes are paid. 9. That there be added an interest charge of 1'/4% on the first day of each month on any outstanding tax arrears from the 31st day of December in the year in which the taxes were levied until the taxes are paid. 10. That taxes may be paid either in full or by installments for remittance payments to the credit of the Treasurer on or before the day on which such taxes fall due, at most financial institutions, which accept and process payments on behalf of customers, with the onus on the financial institution to remit payments on time. 11. That all taxes be paid into the Office of the Treasurer. 12. That the Treasurer be authorized and directed to collect any penalty or interest or any other levies, rates, charges or collections in the same manner as empowered to collect taxes levied by the Council. 13. That the Treasurer be authorized to accept part payment from time to time on account of any taxes due and to give a receipt for such part payment provided that acceptance of any such payment does not affect the collection of any penalty or interest or any other levies, rates, charges or collections imposed, collectable and due in respect to any non-payment. Page 345 of 348 17.d) 2021-062: A By-law to adopt the estimates of all amounts required ... 14. That tax rates be applicable and levied upon any assessment that was not on the assessment roll as returned. 15. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 26th day of May, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk,Yvonne Aubichon Page 346 of 348 17.d) 2021-062- A By-law to adopt the estimates of all amounts required ... Schedule"A" to By-Law 2021-062 The Corporation of the Township of Oro-Medonte 2021 Tax Rates Property Class Township County Education Total Tax Rate Residential/Farm 0.00448160 0.00273563 0.00153000 0.00874723 Multi-Residential 0.00448160 0.00273563 0.00153000 0.00874723 Commercial Occupied 0.00547786 0.00334376 0.00880000 0.01762162 Commercial Vacant 0.00547786 0.00334376 0.00880000 0.01762162 Commercial-New Construction 0.00547786 0.00334376 0.00880000 0.01762162 Commercial-New Construction 0.00547786 0.00334376 0.00880000 0.01762162 Vacant Commercial-Small Scale On 0.00136946 0.00083594 0.00220000 0.00440540 Farm Bu(C7) Industrial Occupied 0.00534431 0.00326224 0.00880000 0.01740655 Industrial Vacant 0.00534431 0.00326224 0.00880000 0.01740655 Industrial-New Construction 0.00534431 0.00326224 0.00880000 0.01740655 Industrial-New Construction 0.00534431 0.00326224 0.00880000 0.01740655 Vacant Landfill 0.00448160 0.00273563 0.00153000 0.00874723 Pipelines 0.00581084 0.00354702 0.00880000 0.01815786 Farmlands 0.00112040 0.00068391 0.00038250 0.00218681 Managed Forest 0.00112040 0.00068391 0.00038250 0.00218681 NOTE: Vacant includes both(vacant and excess Commercial Class includes both parking lots and shopping centres Page 347 of 348 19.a) 2021-065, Being a by-law to confirm the proceedings of the Council... The Corporation of the Township of Oro-Medonte By-Law No. 2021-065 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 26, 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, May 26, 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. hh�. IWL By-Law Read a First, Second and Third time, and Passed this 26th day of May, 2021. The Corporation of the Township of Oro-Medonte XJ Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 348 of 348