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01 12 2022 Council AgendaPage 0 Township of Proud Heritage, Exciting Future The Township of Oro-Medonte Council Meeting Agenda Electronic Meeting Wednesday, January 12, 2022 9:00 a.m. - Closed Session Open Session Immediately Following Closed Session Effective Tuesday, January 4, 2022, all Township of Oro-Medonte facilities are closed to the public until further notice. Taking into consideration the positive COVID-19 cases in Simcoe Muskoka and beyond, and the contagious transmission of the COVID-19 Omicron variant, residents and business owners are requested to utilize online and telephone services for Township related business. Staff are available to provide assistance by phone or email. 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. 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. 1. Call to Order - Moment of Reflection: Page 1 of 257 Council Meeting Agenda - January 12, 2022 The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties 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: 7 a) Motion to Adopt the Agenda. [Addenda] 3. Disclosure of Pecuniary Interest: 4. Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Andria Leigh, Deputy CAO/Director, Development Services; and Tamara Obee, Director, Human Resources re: Solicitor -client Privilege; Litigation or Potential Litigation affecting the municipality (Policy Review). d) Derek Witlib, Manager, Planning Services re: Solicitor -Client privilege, Litigation affecting the municipality (837 Line 7 South — Cannabis). [Addenda] 5. Minutes of Council and Committees: 8 - 20 a) Minutes of Council meeting held on Wednesday, December 8, 2021. 6. Recognition of Achievements: 21 a) Sheila Spring, Records Management Clerk re: Receipt of Diploma from Records Management University, Fall 2021 Semester. Page 2 of 257 Council Meeting Agenda - January 12, 2022 7. Public Meetings: None. 8. Deputations/Presentations: 22 - 33 a) Deputation by David Kennedy, President, Copeland Forest Friends Association re: 3680 Line 5 North Parking, Access Point to the Copeland Forest. 9. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda. Refer to Procedural By -Law No. 2017-165 for additional information. 10. Reports of Municipal Officers for Action: 34 - 67 a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Policy POL- FIN-11, Financial Controls, Multiple Year Budget and Reporting Presentation. 68 - 76 b) OCS2022-01, Shawn Binns, Director, Operations and Community Services; Justin Metras, Manager, Infrastructure and Capital Projects re: Proposed Revisions to the 2022 Capital Budget - Roads Capital Program. 77 - 81 c) DS2022-001, David Saunders, Manager, Development Engineering re: Pre - Servicing Agreement with Oro Medonte Estates Inc. for Draft Plan of Subdivision (Forest Heights - Phase 2) Application #43T-93022 [Refer to Item 17b)]. 82 - 93 d) Tamara Obee, Director, Human Resources re: Draft Policy and Program POL-HS-2-01-02, Respect in the Workplace (Harassment and Violence). 11. Reports of Municipal Officers for Information Only: 94 - 107 a) Andria Leigh, Deputy CAO/Director, Development Services re: Update on COVID-19 Actions and Draft Policy POL-HR-2.12, COVID-19 Vaccination Policy. 108 - 109 b) Andria Leigh, Deputy CAO/Director, Development Services re: Correspondence Practice. 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 Page 3 of 257 Council Meeting Agenda - January 12, 2022 on the activities of the County of Simcoe and the Township's Partners and Agencies. 110 - 112 b) Councillor Scott re: Request for Reconsideration of Item 14i) of December 8, 2021 Council Meeting, Correspondence dated November 30, 2021 from Town of East Gwillimbury, Holland Marsh Polder Phosphorus Recycling Facility. 13. Announcements: 14. Consent Agenda: 113 a) Announcements of Interest to the Public: 1. Severn Sound Environmental Association (SSEA), 2022 Tree Seedling Distribution Program, Tree Order Deadline: Friday, January 14, 2022. 114 - 119 b) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, November 26, 2021. Staff Recommendation: Receive for Information Only. 120 - 127 c) Nottawasaga Valley Conservation Authority, minutes of Friday, November 26, 2021 and highlights of Friday, December 10, 2021 meetings. Staff Recommendation: Receive for Information Only. 128 - 160 d) Correspondence received re: Updates on Bradford Bypass. 1. Town of Scugog dated December 2, 2021; 2. Rescue Lake Simcoe Coalition; and Simcoe County Greenbelt Coalition dated November 16, 2021; Staff Recommendation: Receive for Information Only. 161 e) Correspondence dated December 10, 2021 from AgriSuite Team, Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) re: Updated AgriSuite's Minimum Distance Separation (MDS) I & II Now Available. Staff Recommendation: Receive for Information Only. 162 - 167 f) Correspondence dated December 17, 2021 from Peter Lavoie on behalf of The Good Neighbours Alliance and correspondence dated January 6, 2022 from Oro-Medonte Good Neighbours Alliance, Board of Directors re: Tourism Product Gap Analysis and Policy Recommendations Report by CBRE Tourism & Leisure [from December 8, 2021 Council meeting]. Staff Recommendation: Receive for Information Only. [Addenda] 168 - 192 g) Correspondence dated December 16, 2021 from Ontario Land Tribunal (OLT) re: Case No. PL200165, John Greenwood and Ashley Gardiner, 2019- OPA-01, 3750 Line 10 North. Staff Recommendation: Receive for Information Only. Page 4 of 257 Council Meeting Agenda - January 12, 2022 193 - 211 h) Correspondence dated December 24, 2021 from Ontario Land Tribunal (OLT) re: Case No. OLT-21-001023, Kerissa Govender, 2021-A-22, 35 Landscape Drive. Staff Recommendation: Receive for Information Only. 212 - 213 i) Correspondence dated January 5, 2022 from Whitney Walsh, Vice President, Crime Stoppers of Simcoe Dufferin Muskoka re: Request for a Flag Raising and to Proclaim January, 2022 "Crime Stoppers Month". Staff Recommendation: Receive, Proclaim, Post on Township's Website, Advise under Mayor's Signature. 15. Communications/Petitions: 214 - 217 a) Correspondence dated December 16, 2021 from Severn Sound Environmental Association (SSEA); and Lake Simcoe Region Conservation Authority (LSRCA) re: Amendments to South Georgian Bay Lake Simcoe Source Protection Plan, Notification of Consultation Pursuant to Section 34(3)(c) of the Clean Water Act 2006 and Ontario Regulation 287/07, Written Comments due by Friday, January 28, 2022. 218 - 225 b) Correspondence dated January 7, 2022 from Eric Harkonen, Founder/President, Vetta Spa Inc. re: Vetta Nordic Spa (Vetta), Resolution to the Final Site Plan Securities. 16. Notice of Motions: 226 a) Brought by Councillor Greenlaw, November 24, 2021 Notice of Motion for December 8, 2021 Council meeting To be dealt with at the January 12, 2022 Council meeting Item 1 of Motion No. C200212-13 reads as follows: "Be it resolved 1. That the storage of video recorded meetings on YouTube be retained for a two week period only, after which they may be obtained in -person at the Township Administration Centre." I would respectfully request Council's consideration of the following amendment to Motion No. C200212-13: Item 1 of Motion No. C200212-13 be amended to read: "Be it resolved 1. That the storage of video recorded meetings on YouTube be retained for a one month period only, after which they may be obtained in -person at the Township Administration Centre". Page 5 of 257 Council Meeting Agenda - January 12, 2022 17. By -Laws: 227 a) 2022-003: Being a By -Law to Amend By -Law No. 2020-108 "A By -Law to Delegate Authority to the Chief Administrative Officer in Continued Response to the COVI D-19 Pandem is". 228 - 254 b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing Agreement with Oro Medonte Estates Inc. for: Part of Lot 1, Concession 7 and part of the East Half of the West Half of Lot 2, Concession 7 (Oro) and designated as Part 1, Plan 51 R-31425; Township of Oro-Medonte; PIN 58533-0019(LT). 255 - 256 c) 2022-005: A By-law to provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest. 18. Closed Session Items (Unfinished Items): 19. Confirmation By -Law: 257 a) 2022-006: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, January 12, 2022 20. Adjournment: a) Motion to Adjourn. Page 6 of 257 2.a) Motion to Adopt the Agenda. From: william.dunn3 william.dunn3 <william.dunn3@sympatico.ca> Sent: January 11, 2022 2.48 PM To:. Council <Council@oro-medonte.ca>; Teeter, Janette <jteeter@oro-medonte.ca> Subject: [External] proposed parking lot for Copeland forest line 5 This email originated from outside of Oro-Medonte's email system. Please use properjudgment and caution when opening attachments, clicking links, or responding to this email. Dear Mayor and Councillors; We have just become aware of the proposed parking lot on Line 5 where we live and wish to voice our concerns and be able to comment in the open forum at the meeting tomorrow January 12 2022 should we we feel the need to. This area of Line 5 North is residential and our fear is the increase in traffic and usage this parking lot and public attention will cause. There are already 2 parking lots for the forest on Ingram road across from commercial properties and a county parking lot on Line 5 just north of Horseshoe Valley road that is not near homes. These should be adequate and perhaps parking restrictions on Line 5 should be considered instead. We feel as long time residents and tax payers we are not being considered in this matter. Thank you Elizabeth and Ron Dunn 705-835-5864 Page 7 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. (w T4a-Olj�'Iffle Proud Heritage, Exciting Future Wednesday, December 8, 2021 The Township of Oro-Medonte Council Meeting Minutes Electronic Meeting 7n1R-gngq Cniinril Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw it AtIli F7! i i1 Staff Andria Leigh, Deputy CAO/Director, Development Services; Yvonne Present: Aubichon, Clerk; Shannon Johnson, Chief Financial Officer/Treasurer; Michelle Jakobi, Director, Environmental Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Tamara Obee, Director, Human Resources; Harold Daynard, Manager, Information Technology; Jennifer Whitley, Coordinator, Economic Development/Communications; Vanessa Cooper, Executive Assistant, Mayor and Council & CAO; Patrick Howse, Information Technology Technician (IT); Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk All Council and staff participated via ZOOM platform. 1116 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair at the above noted time and called the meeting to order. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties Page 1 of 13 Page 8 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C211208-1 Moved by Scott, Seconded by DeSousa Be it resolved that the agenda for the Council meeting of Wednesday, December 8, 2021 be received and adopted. Carried. Motion No. C211208-2 Moved by Keane, Seconded by Vk 1116, Be it resolved that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement, if necessary. 3. Disclosure of Pecuniary Interest: None declared. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C211208-3 Moved by DeSousa, Seconded by Greenlaw Carried. Be it resolved that we do now go in Closed Session at 9.04 a.m. to discuss • Solicitor -client privilege; Acquisition or disposition of land (Stormwater Management (SWM) Facilities). Carried. Page 2 of 13 Page 9 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. b) Motion to Rise and Report. Motion No. C211208-4 Moved by DeSousa, Seconded by Scott Be it resolved that we do now Rise at 9.59 a.m. and Report on the Closed Session Item 4c) Andria Leigh, Deputy CAO/Director, Development Services re: Solicitor -client privilege; Acquisition or disposition of land (Stormwater Management (SWM) Facilities). Carried. 44 c) Andria Leigh, Deputy CAO/Director, Development Services re: Solicitor -client privilege; Acquisition or disposition of land (Stormwater Management (SWM) Facilities). The following staff were present: Andria Leigh, Deputy CAO/Director, Development Services; Yvonne Aubichon, Clerk; Michelle Jakobi, Director, Environmental Services; Derek Witlib, Manager, Planning Services; Edward Veldboom, Russell Christie LLP. Motion No. C211208-5 Moved by Hough, Seconded by Keane Be it resolved 1. That the confidential correspondence dated November 26, 2021 and December 7, 2021 and presented by Andria Leigh, Deputy CAO/Director, Development Services and Edward Veldboom, Russell Christie, LLP re: Solicitor -client privilege; Acquisition or disposition of land (Stormwater Management (SWM) Facilities) be received. 2. That staff and legal counsel proceed as directed by Council. X'X Carried. Recorded Vote Requested by Councillor Scott Councillor Scott Yea Councillor Veitch Nay Councillor DeSousa Yea Councillor Greenlaw Yea Deputy Mayor Hough Yea Councillor Keane Yea Mayor H.S. Hughes Yea Page 3 of 13 Page 10 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. 6. Recognition of Achievements: None. 7. Public Meetings: None. 8. Deputations/Presentations: 'it a) Deputation by Sylvia Stark, Executive Administrator, Oro-Medonte Chamber of Commerce re: Township of Oro-Medonte Council Update, Economic Development Assistance Application, 2022 [Refer to Item 12b)]. Motion No. C211208-6 Moved by Greenlaw, Seconded by Keane Be it resolved that the deputation by Sylvia Stark, Executive Administrator, Oro- Medonte Chamber of Commerce re: Township of Oro-Medonte Council Update, Economic Development Assistance Application, 2022 be received. Or -qv% Carried. 12. Reports of Members of Council: b) Councillor Scott, Township Representative, Oro-Medonte Chamber of Commerce, Ward 4 Councillor re: Township of Oro-Medonte Council Update Economic Development Assistance Application 2022 [Refer to Item 8a)]. Motion No. C211208-7 A 1% Moved by Scott, Seconded by Greenlaw Be it resolved that the correspondence presented by Councillor Scott, Township Representative, Oro-Medonte Chamber of Commerce, Ward 4 Councillor re: Township of Oro-Medonte Council Update Economic Development Assistance Application 2022 be received and referred to the budget recalibration process. Unanimously Carried. Page 4 of 13 Page 11 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. b) Presentation by Jennifer Whitley, Coordinator, Economic Development/Communications-, Fran Hohol and Hildegard Snelgrove, CBRE Tourism & Leisure re: Tourism Product Gap Analysis and Policy Recommendations. Motion No. C211208-8 Moved by DeSousa, Seconded by Hough Be it resolved 1. That the presentations provided by Jennifer Whitley, Coordinator, Economic Development/ Communications; and Fran Hohol & Hildegard Snelgrove, CBRE Tourism & Leisure Group re: Tourism Product Gap Analysis & Policy Recommendations be received and adopted. 2. That the Final Report, as presented, be considered in conjunction with the Township's Official Plan, Zoning By-law and Economic Development Strategy updates, and the Tourism Action Plan for the Township of Oro-Medonte. Carried. 9. Open Forum: None. ,AO% 5. Minutes of Council and C( a) Minutes of Council meeting held on Wednesday, November 24, 2021. Motion No. C211208-9 IV Moved by Keane, Seconded by Hough Be it resolved that the draft minutes of the Council meeting held on Wednesday, November 24, 2021 be received and adopted as printed and circulated. I%f Carried. Page 5 of 13 Page 12 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. 10. Reports of Municipal Officers for Action: a) DS2021-185, Andy Karaiskakis, Senior Planner re: County of Simcoe, Municipal Comprehensive Review (MCR). Motion No. C211208-10 Moved by Veitch, Seconded by Keane Be it resolved 1. That DS2021-185, Andy Karaiskakis, Senior Planner re: County of Simcoe, Municipal Comprehensive Review (MCR) be received and adopted. 2. That the County of Simcoe be advised, under the Deputy CAO/Director of Development Services' signature, of the Township's on going interest in being informed throughout the County's Municipal Comprehensive Review (MCR) process and the Township's request for further discussions on the County's Lands Needs Assessment (LNA) and Natural Heritage System (NHS) mapping. 3. That staff continue to monitor the County of Simcoe MCR process and its implications on the Township of Oro-Medonte and report back to Council as necessary. Carried. b) DS2021-186, Andria Leigh, Deputy CAO/Director, Development Services re: Oro Station Auto Innovation Park Subdivision and Site Plan Update (2020-SUB-01 and 2020-SPA- 26) (to be distributed) [Refer to Item 17e)]. Motion No. C211208-11 A'I Moved by Hough, Seconded by Scott Be it resolved -- 1. That DS2021-186, Andria Leigh, Deputy CAO/Director, Development Services re: Oro Station Auto Innovation Park Subdivision and Site Plan Update (2020-SUB-01 and 2020-SPA-26) be received and adopted. 2. That the Draft by-law to Delegate Plan of Subdivision and Condominium Approval Authority, being By-law 2021-133, be brought forward for Council's consideration. 3. And that the applicant be advised of Council's decision under the Deputy CAO/Director, Development Services' signature. Carried. Page 6 of 13 Page 13 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. c) Andria Leigh, Deputy CAO/Director, Development Services re: Update on COVID-19 Actions. Motion No. C211208-12 Moved by Keane, Seconded by Veitch Be it resolved 1. That the PowerPoint presentation dated December 8, 2021 and provided by Andria Leigh, Deputy CAO/Director, Development Services re: Update on COVID-19 Actions be received. 2. That the necessary amendment to By-law 2020-108 to replace designate with Deputy CAO be brought forward for Council's approval. Carried. ,& I 11. Reports of Municipal Officers for Information Or a) Garry McCartney, Chief Building Official re: COVID-19 Recovery Plan Update b) CS2021-33, Yvonne Aubichon, Clerk re: Hybrid Meeting Update. Ilk Iquoh, c) CS2021-32, Vanessa Cooper, Executive Assistant, Mayor and Council & CAO re: Corporate Projects Status Update — September, October 2021. d) CS2021-36, Yvonne Aubichon, Clerk re: Integrity Commissioner Extension Agreement Update. Motion No. C211208-13 Moved by Greenlaw, Seconded by DeSousa Be it resolved that the reports, as listed under Item #11, Reports of Municipal Officers for Information Only, be received: a) Garry McCartney, Chief Building Official re: Recovery Team Update. b) CS2021-33, Yvonne Aubichon, Clerk re: Hybrid Meeting Update. c) CS2021-32, Vanessa Cooper, Executive Assistant, Mayor and Council & CAO re: Corporate Projects Status Update — September, October 2021. d) CS2021-36, Yvonne Aubichon, Clerk re: Integrity Commissioner Agreement Extension Update. Carried. Page 7 of 13 Page 14 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. 12. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following member of Council provided updates: Councillor Scott. 13.Announcements: None. 14. Consent Agenda: a) Announcements of Interest to the Public: 1. Township of Oro-Medonte, Notice re: 2021 Holiday Season Administration Office Closure. b) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, October 22, 2021. 10klqqmlklNook Staff Recommendation: Receive for Information Only. c) Nottawasaga Valley Conservation Authority re: Minutes of Friday, October 22, 2021 and Highlights of Friday, November 26, 2021 meetings. Staff Recommendation: Receive for Information Only. d) Minutes of Barrie Public Library Board meeting held on Thursday, October 28, 2021. Staff Recommendation: Receive for Information Only. e) Orillia Public Library Board re: December 1, 2021 Meeting Package. Staff Recommendation: Receive for Information Only. f) Correspondence dated November 24, 2021 from The Regional Municipality of Durham re: Bus Stop Dead End Roads. Staff Recommendation: Receive for Information Only. g) Correspondence received November 26, 2021 from Communities in Bloom and Canadian Garden Council re: Proclamation Request, 2022 the Year of the Garden. Staff Recommendation: Receive, Proclaim, Post to Website, Advise under Mayor's Signature. h) Correspondence dated November 29, 2021 from the Town of Georgina re: Lack of Recycling Options, Agricultural Bale Wrap and Twine and Boat Shrink Wrap. Staff Recommendation: Receive, Support, Advise under Mayor's Signature. Page 8 of 13 Page 15 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. i) Correspondence dated November 30, 2021 from Town of East Gwillimbury re: Holland Marsh Polder Phosphorus Recycling Facility. Staff Recommendation: Receive for Information Only. j) Correspondence dated December 1, 2021 from City of St. Catharines re: National Childcare Program. Staff Recommendation: Receive for Information Only. Motion No. C211208-14 Moved by Hough, Seconded by Keane 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, Notice re: 2021 Holiday Season Administration Office Closure. b) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, October 22, 2021. Received for Information Only. c) Nottawasaga Valley Conservation Authority re: Minutes of Friday, October 22, 2021 and Highlights of Friday, November 26, 2021 meetings. Received for Information Only. d) Minutes of Barrie Public Library Board meeting held on Thursday, October 28, 2021. Received for Information Only. e) Orillia Public Library Board, December 1, 2021 Meeting Package. Received for Information Only. f) Correspondence dated November 24, 2021 from The Regional Municipality of Durham re: Bus Stop Dead End Roads. Received for Information Only. g) Correspondence received November 26, 2021 from Communities in Bloom and Canadian Garden Council re: Proclamation Request, 2022 the Year of the Garden. Received, Proclaimed, Posted to Website, Advised under Mayor's Signature. h) Correspondence dated November 29, 2021 from the Town of Georgina re: Lack of Recycling Options, Agricultural Bale Wrap and Twine and Boat Shrink Wrap. Received, Supported, Advised under Mayor's Signature. Page 9 of 13 Page 16 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. i) Correspondence dated November 30, 2021 from Town of East Gwillimbury re: Holland Marsh Polder Phosphorus Recycling Facility. Received for Information Only. j) Correspondence dated December 1, 2021 from City of St. Catharines re: National Childcare Program. Received for Information Only. Carried. 15. Communications/Petitions: None. 16. Notice of Motions: AA* a) Brought by Councillor Greenlaw, November 24, 2021 Notice of Motion for December 8, 2021 Council meeting To be dealt with at the January 12, 2022 Council meeting Item 1 of Motion No. C200212-13 reads as follows. "Be it resolved 1. That the storage of video recorded meetings on YouTube be retained for a two week period only, after which they may be obtained in -person at the Township Administration Centre." I would respectfully request Council's consideration of the following amendment to Motion No. C200212-13: Item 1 of Motion No. C200212-13 be amended to read: "Be it resolved 1. That the storage of video recorded meetings on YouTube be retained for a one month period only, after which they may be obtained in -person at the Township Administration Centre" Page 10 of 13 Page 17 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. 17. By -Laws: a) 2021-128: A By-law to Amend By-law No. 2021-005, A By-law to provide for restricting of traffic and parking on highways under the jurisdiction of The Corporation of the Township of Oro-Medonte. b) 2021-130: A By-law of The Corporation of the Township of Oro-Medonte to provide for the imposition of fees or charges, and to Repeal By-law Nos. 2018-044, 2019-060, 2019- 113, 2019-114, 2020-015, 2020-074, 2020-106, 2021-037, 2021-074. c) 2021-131: A By-law to Amend By-law 2017-165 being to a By-law to Govern the Proceedings of Council and Committees/Technical Support Groups of Council in the Township of Oro-Medonte (Procedural By-law). AM ' Nhh" d) 2021-132: Being a By -Law to Authorize the Use of Alternative Voting Method (Vote -By - Mail by Request) and Vote -Counting Equipment for the 2022 Municipal Election. e) 2021-133: A By-law to Delegate the Subdivision and Condominium Approval Authority and to Repeal By-law 2009-058. Motion No. C211208-15 Moved by DeSousa, Seconded by Scott Be it resolved that By -Law Nos. 2021-128, 2021-130, 2021-131, and 2021-133 a) 2021-128: A By-law to Amend By-law No. 2021-005, A By-law to provide for restricting of traffic and parking on highways under the jurisdiction of The Corporation of the Township of Oro-Medonte. b) 2021-130: A By-law of The Corporation of the Township of Oro-Medonte to provide for the imposition of fees or charges, and to Repeal By-law Nos. 2018-044, 2019-060, 2019-113, 2019-114, 2020-015, 2020-074, 2020-106, 2021-037, 2021-074. c) 2021-131: A By-law to Amend By-law 2017-165 being to a By-law to Govern the Proceedings of Council and Committees/Technical Support Groups of Council in the Township of Oro-Medonte (Procedural By-law). e) 2021-133: A By-law to Delegate the Subdivision and Condominium Approval Authority and to Repeal By-law 2009-058. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor; And that By-law 2021-132 be pulled to be voted on separately. Carried. Page 11 of 13 Page 18 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. Motion No. C211208-16 Moved by Veitch, Seconded by Greenlaw Be it resolved that By -Law No. 2021-132 d) 2021-132: Being a By -Law to Authorize the Use of Alternative Voting Method (Vote -By - Mail by Request) and Vote -Counting Equipment for the 2022 Municipal Election be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor; Carried. Recorded Vote Requested by Councillor Veitch Nay Councillor DeSousa Yea Councillor Greenlaw Nay Deputy Mayor Hough Nay Councillor Keane Yea Councillor Scott Yea Mayor H.S. Hughes Yea 18. Closed Session Items (Unf None. 19. Confirmation By -Law: a) 2021-134: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, December 8, 2021. Motion No. C211208-17 Moved by Greenlaw, Seconded by Hough Be it resolved that By -Law No. 2021-134: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, December 8, 2021 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 12 of 13 Page 19 of 257 5.a) Minutes of Council meeting held on Wednesday, December 8, 2021. Council Meeting Minutes — Wednesday, December 8, 2021. 20. Adjournment: a) Motion to Adjourn. Motion No. C211208-18 Moved by Veitch, Seconded by DeSousa Be it resolved that we do now adjourn at 12.45 p.m. Carried. Mayor, H.S. Hughes off Clerk, Yvonne Aubichon ■ Page 13 of 13 Page 20 of 257 6.a) Sheila Spring, Records Management Clerk re: Receipt of Diploma from... RMU_Logo _Blue Certificate of Graduation Ia is certifies that heila Spring s been awarded this diploma from ecords Management University the Fall 2021 Semester on this 14th day of December, Two Thousand Twenty -One sity Page 21 of 257 8.a) Deputation by David Kennedy, President, Copeland Forest Friends Ass... From: noreply@oro-medonte.ca <noreply@oro-medonte.ca> Sent: December 22, 2021 10:03 AM To: Deputations <Deputations@oro-medonte.ca> Subject: [External] Public Participation Registration Form LW his email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution hen opening attachments, clicking links, or responding to this email. This is a Request to Participate in the Council Meeting of 12/01/2022 Username: 499D9C71-F 1F2-48DO-B 14B-856OA34E61E2 Numeric Response ID: 744301 Response GUID: A854825B-DEA8-46DO-B4CI-ACA51096694E Survey Start Date: Wednesday, 22 December 2021 09:47:46 Survey Completed Date: Wednesday, 22 December 2021 10:02:49 I understand the information above First Name: David Last Name: Kennedy Email Address: kennedda2mac.com Telephone Number: 705-345-5131 Address: 3695 Line 6 N Coldwater, ON LOK IEO I am requesting electronic participation at the Council Meeting Date of Meeting: 12/01/2022 Page 22 of 257 8.a) Deputation by David Kennedy, President, Copeland Forest Friends Ass... Regarding the agenda item: Deputation re Parking on 5th Line N for Copeland Forest This will be on behalf of: A group/organization; please state name below By stating the application number, applicant name or group/organization named below, you confirm that you are duly authorized to act on behalf of the identified applicant or group/ organization and that the applicant or group/organization hereby gives its approval for you to act on this matter. Copeland Forest Friends Association 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: Written Presentation Have you presented a deputation/presentation previously on this matter? No 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. To address the parking problem at 93680 5th Line N, an access point to the Copeland Forest. As the Forest has has become come popular, this parking space is insufficient and cars/trucks are spilling out onto the road. We are exploring options with Township staff to expand this access point and create an off-street parking lot for 25 vehicles. 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 Page 23 of 257 8.a) Deputation by David Kennedy, President, Copeland Forest Friends Ass... We are asking for Council's support for the further development of this proposal and support of staff in project planning and exploration of funding sources for this project. If you are requesting action, have you been in contact with a staff member to seek a resolution with regard to this matter? Yes Who were you in contact with? Shawn Binns Reason why this presentation is important to Council and to the municipality: This project will provide enhanced opportunities for residents and tourists to access the Copeland Forest and supports the Council's work on the Parks and Recreation Master Plan and the Tourism Action Plan. Page 24 of 257 8.a) Deputation by David Kennedy, President, Copeland Forest Friends Ass... cop eland forest friends association December 17, 2021 Mayor H Hughes and Council Township of Oro-Medonte 148 7 Line S, Oro, ON LOL 2X0 Dear Mayor Hughes and Council In the pandemic, we have seen significant increasing use of the Copeland Forest which does not show any sign of ending. Residents are now familiar with the Forest and its many access points. On the 51h Line N off Horseshoe Valley Rd, there is a parking lot at #3680 51h Line N. This parking area provides easy access for residents to a wide range of the Copeland Forest activities. Families and walkers go in here to enjoy the spring wildflowers and the fall colours. Mountain bike riders and snowshoers have access to many trails. This is the closest access point for a large majority of Oro-Medonte residents. The popularity of this parking area has led to cars and trucks spilling out onto the roadside as the parking was initially only for 2 to 3 cars. Now, there are up to 15 cars and trucks there throughout the week. This raises serious safety issues and negative impact on the nearby residents. Usage is also now year-round and interferes with travel on the snowmobile trail in the winter. We have been working with the Township staff to examine options to expand this access point and create an off-street parking lot for around 25 cars and trucks. Vehicles would enter at the current entrance and have access to a new lot to the right. The parking lot would also provide an opportunity to install new signage to welcome people to the Copeland Forest and provide user information. We ask for Council's support for this project as we go ahead with a formal request to the Ministry of Northern Development Mines Natural Resources and Forestry to create the parking lot. We look to the continued support of Township staff in project planning and exploration of funding sources for this project. For your information, I have added a map to this letter showing the location of the parking area, which is labeled P4 on the Copeland Forest map. As the Township works on its new Parks and Recreation Master Plan and embarks on a Tourism Action Plan, we look forward to a continuing partnership with the Township to support access to the Copeland Forest and opportunities for residents and visitors to enjoy the recreational opportunities afforded by this special place. Best regards David Kennedy President Page 25 of 257 8.a) Deputation by David Kennedy, President, Copeland Forest Friends Ass... cop eland forest friends association Copeland Forest Friends Association )00 4936000 607000 4938000 606000 4939000 Page 26 of 257 Am j 0. t Copeland Forest Trail in the Fall cc) David Kennedy ,_> "✓'` Introduction • Thank you for the opportunity to speak to you about parking for the Copeland Forest on the 5t" Line N, off Horseshoe Valley Rd. • First, let me introduce myself. I'm David Kennedy, President of the Copeland Forest Friends Association. • We have a Memorandum of Understanding with the Ministry of Northern Development, Mines, Natural Resources and Forestry for the stewardship of the Copeland Forest. • We are now in our 6t" year and have a membership of close to 250 people. Most of our members live in Oro Medonte. N 00 O N QI v The Situation • The 51" Line N is a popular access point to the Copeland Forest and provides access to the hilly hardwood Oro Moraine area. • Parking is available at three places on the upper 51" Line N: • the Amos Tract of the County Forest, • #3680 5' Line N - a small parking spot labeled P4 and • a small parking spot further along road across from #3799 5th Line N. • This presentation focuses on parking at P4. This roadside parking was designed for 2-3 cars and now may have up to 15 cars/trucks throughout the week, particularly on the weekend. v • This raises serious safety issues and has a negative impact on nearby N residents. It also interferes with travel on the snowmobile trail in winter. CD O N QI v The 51" Line N )00 4936000 607000 4938000 606000 4939000 H18ON 6 3N17 77 v cr m 0 A Q O O /m� CD (D CL 0 o � o CD U) CL CD O o � o � o � o =3 Q O 1 (D N January 2nd noon The solution • Expand the access point and create an off-street parking lot for around 25 cars and trucks. • Vehicles would enter at the current entrance and have access to the parking lot on the right. A buffer of trees would remain along the roadside. • The expanded parking lot would provide an opportunity to for new signage to display enhanced information for visitors. • We are preparing a formal request to the Ministry to enhance this access point. • To complete this project, we are seeking external funds for construction and implementation. Maintenance costs will be covered through funding N raising, Association memberships and partnerships. 0 N QI v A Partnership with the Township • Council staff have provided technical advice and assistance in our planning to date. We thank them. • We ask for Council's support of this project as we go ahead with its development and for the exploration of grant opportunities. • Improving access to the Copeland Forest will contribute to the new Parks and Recreation Master Plan and Tourism Action Plan. The enhanced access point will: • Provide access to the hardwood hills and their bio-diversity and some of the best mountain bike trails in southern Ontario • Benefit all residents of the Township • Provide a safe and easy access point for tourists. w co 0 N Cn v 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... T(©�vnsI of Proud Heritage, Exciting Future Department/Section Finance Policy # POL-FIN-011 Subject Enacted by Council: January 12, 2022 Financial Controls, Multiple Motion # Year Budget and Reporting C220112- Polic 1. Purpose The purpose of the Policy is to define the approach to be used for preparation of the multiple year budgeting and Council Approval, Reconfirmation and Mid -Year Adjustments, and Reporting processes. The Policy provides direction on the preparation, approval and adjustment of multi- year budgets in order to recognize major changes in budgetary assumptions, legislation and updated Council priorities. This policy applies to all Township departments, boards, committees, and other organizations falling within the reporting requirements of The Township of Oro-Medonte in accordance with Section 291. (1) of the Municipal Act, 2001. 2. Scope Council recognizes that budget decisions made in one year have the potential to impact future year budget requirements and approvals. To provide a more efficient and effective business planning framework and to ensure an open and transparent budget approval cycle, the Township has adopted a multiple year budgeting framework where Council approves a 2 year operating and capital budget and receives an accompanying forecast of the next budget cycle. Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 1 of 19 Page 34 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 3. Definitions The following definitions are relevant to this policy: "Annualized Costs" means any costs approved in the prior year's budget that were included for only part of the year are converted to a twelve-month period and included in the Base Level Budget. Annualized costs would normally apply to personnel wages and benefits and those costs related to municipal service contracts that had price escalations part way through the year or any municipal service contracts that began part way through the year. These costs must be clearly identified in the Base Level Budget; "Base Level Budget" means that the base level for the budget for the current year will be the prior year's cost of providing all of the services approved in the prior year budget except for one-time projects. The base level is set by taking the inputs approved in the prior year's budget and costing them, adjusting them for annualized costs, capital impacts on operations (growth), and inflation where inflation increases; "CAO" means the Chief Administrative Officer or designate who is the liaison between a municipality's elected Council and administrative staff, and is responsible for carrying out all Council directives; "Capital Impacts" means the additional costs that relate to operating or maintaining a capital project that has been completed and is now "in use"; Capital Project" means a project to build, improve, or develop a tangible capital asset. Projects that do not build, improve, or develop a tangible capital asset shall be considered an operating project regardless of its project cost. Each capital project will be given a unique capital project number. Projects may also be "pooled" assets; "CFO/Treasurer" means the Chief Financial Officer/Treasurer, or any person appointed by the Corporation to fulfill the statutory requirements of Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 2 of 19 Page 35 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... the Treasurer under the Municipal Act, 2001; "Consumer Price Index (CPI)" is an indicator of changes in consumer prices, over a period of time, based on the cost of fixed goods and services purchased by the average consumer. These fixed goods and services include items such as food, shelter, household furnishings and equipment, clothing, health and personal care items, recreation, education, alcohol and tobacco, and energy. These items do not reflect many of the items (construction material, road and sidewalk maintenance, statutory payroll expenses, etc.) that municipalities are required to obtain or pay to effectively run operations and maintain infrastructure; "Departmental Budget Area" means a service area as structured in the business plan; "Emergency" is outlined in the Township's Procurement policy in Section 4. It means an event which occurs which requires immediate repair or replacement of equipment, services, or facilities in order to maintain a required public service or to prevent danger to life, limb or property. An emergency is not a necessary expenditure due to lack of planning or insufficient budget funds and is essential to preserve the integrity of an essential Township Asset; "Essential Asset" is an asset of the Township that is necessary to carry on the required duties of the municipality or will have a significant negative impact on the community as a whole due to the nature of the asset; "Growth Adjustment" allows for growth that will occur in the Township in the current year. For example, new roads completed in the prior year will require upkeep in the current year and will form part of the growth adjustment; Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 3 of 19 Page 36 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... "Materially Altered" means any change, alteration or modification that alters the scope of an operating service area or project more than its materiality threshold; "Materiality Threshold" is defined as an amount that exceeds the approved base budget which is: equal to or more than 10%, or $25,000 whichever is the greater "Multiple Year or "Multi -Year Budget" refers to a budget that covers more than one fiscal year; "Municipal Act" means the statute governing the powers, duties, internal organization, and structure of Ontario municipalities; "Municipal Price Index" is an indicator of changes in prices, over a period of time, based on the cost of fixed goods and services paid by a municipality to provide services to residents and to effectively run operations and maintain infrastructure; "Operating Project" means a temporary endeavor undertaken to create a unique product, service, or result and has a defined start and end date. Projects are conducted as a means to obtain the municipality's strategic objectives and are considered above and beyond normal organizational operations. Each operating project will be given a unique operating project number; "SMT" is the Senior Management Team of The Township of Oro-Medonte; "Net Zero" means adjustments categorized as maintenance of approved service levels whereby budget funds can be reallocated within departments to realign the existing budget with no net increase of funds budgeted; "Taxable property assessment" means assessment increases/growth that result from phased -in increases in property values and new Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 4 of 19 Page 37 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... development that occurs within the Township's boundaries; "Service Delivery" means the provision of sufficient, affordable and quality basic services such as water treatment, sewage facilities, development services, fire services, parks and recreation services and roads; "Service Levels" refers to operational service areas provided by the municipality which meet the Council's Strategic Objectives and the mandate of the department. "Service Level Change" refers to a new capital asset that does not currently exist within the Township's inventory of tangible capital assets, or a change in service that has an impact on the current and/or future operating and/or capital budgets which meets the Council's Strategic Objectives and the mandate of the department; I%M. 4. Municipal Policy - Multiple Year Budget Business Plan Preparation 4.1 Multiple Year Budget Methodology 4.1.1 Each year's presented budget will be built in accordance to any directives received from Council. Through a multiple year budget methodology staff are able to more effectively plan multiple year projects, programs, revenue streams and staffing; 4.1.2 Using multiple year budgets and forecasts improves fiscal health and service delivery through: 4.1.2.1 Better coordination of budgeting and strategic priorities, greater certainty for departments in managing expenditures and service levels; Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 5 of 19 Page 38 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 4.1.2.2 Improved fiscal discipline of the organization; 4.1.2.3 Streamlined budget reviews that focus on key changes in assumptions and the reasons driving such changes; 4.1.2.4 Allowing staff to develop budgets with fixed targets in place, allowing early response to circumstances and budget constraints of such targets; 4.1.2.5 Reduces uncertainty about future year tax levies 4.2 Requirement to Reconfirm Each Future Year Approved Budget 4.2.1 As per the Ontario Municipal Act Regulation 291. (1), Council will be required to reconfirm each future year approved budget. Any variations in future year approved budgets from what was originally approved by Council need to be fully explained at the time of reconfirmation; 4.2.2 The Finance Department shall establish an annual budget reconfirmation process to take place each year, immediately preceding the upcoming budget year or no more than 2 months into the current approved budget year; 4.2.3 All proposed changes to future years' funding plans, operating and capital budgets shall be brought forward and approved by Council during the annual budget reconfirmation review; 4.2.4 The budgets shall not be opened up for a full scale review. The intent is to adhere to multi -year Township plans and budgets that support them and only to adjust the Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 6 of 19 Page 39 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... Budgets when circumstances warrant. Budget adjustments shall be limited to the following circumstances: 4.2.4.1 External factors such as provincial or federal budgets, or changes imposed by legislation or external boards; 4.2.4.2 Adjustments to reflect operating impacts related to the implementation and completion of capital projects; 4.2.4.3 Unforeseen changes to economic and environmental forecasts affecting costs, staffing requirements, service demand volumes, or revenue projections, and; 4.2.4.4 Council -directed changes to priorities, policies or programs or recommendations of same from SMT; 4.2.4.5 Adjustments to capital program to reflect changes in project requirements, financing or the project work plan; 4.2.4.6 Capital budget adjustments are more time - sensitive due to the construction season, and should not be restricted to once per year. Therefore, capital budget adjustments may be brought forward with the quarterly reports on business plans and budgets, as well as during the annual adjustment process, with Council approval required for any adjustment exceeding $25,000 Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 7 of 19 Page 40 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 4.2.5 As a result of the annual budget reconfirmation review process, the Senior Management Team shall recommend to Council, necessary adjustments to the appropriate budgets for each year(s) in the multi -year period; 4.2.6 Council shall seek public input in the first year of each two year budget cycle process, prior to the budget being deliberated and subsequently approved by Council. 5. Municipal Policy -Operating Budget Development 5.1 Operating Budget and Business Plan Preparation 5.1.1 Each Director shall prepare and submit to the CFO/Treasurer their multiple year operating business plan and long term forecast in accordance with the Township's Statement of Operating Procedures SOP-FIN-011; 5.1.2 Direction in terms of corporate wide assumptions and conditions are defined in the "Budget Guidelines Report" prepared by the CFO/Treasurer and approved by Council 5.2 Carry-over of Projects - Operating 5.2.1 Projects not yet started by the end of the budget year shall be identified in the budget reconfirmation report to Council and carried forward to the subsequent budget year for financial control and reporting purposes. Funding shall be transferred to or remain in a reserve at the end of the year and utilized in the subsequent year to fund the project; 5.2.1 Council approval must be given for any changes to funding due to delaying the project that has increased the cost of Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 8 of 19 Page 41 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... in section 8.1.3; 5.2.2 Projects started but not completed by the end of the year due to unforeseen delays (i.e. weather, availability of supplies, etc.) will be identified in the budget reconfirmation report to Council and carried forward to the subsequent budget year. If funding needs to be transferred between two consecutive years (i.e. project funded through the levy needs to be split between two years), staff shall transfer the remaining funds to a reserve to be allocated to the project in the subsequent year. 5.3 Operating Budget Spending Before Budget Approval 5.3.1 Departments are authorized to expend funds to maintain service levels approved in prior year (excluding one-time funds), unless specifically directed by Council until the current year's operating budget has been approved; 5.3.2 No new programs and/or service adjustments are to be initiated before the operating budget is established or readopted without the prior approval of Council. 5.4 Authority for Budget Changes 5.4.1 The authority for budget changes is granted by Township Council. Operating and capital budget changes shall be made that will establish, reinforce and align multi -year financial planning, Strategic/Master Plans, procurement bylaw and service areas' business plan objectives, measures, and pressures; 5.4.2 The CFO/Treasurer would be authorized to release budget funds prior to a new multiple year budget or annual budget update approval up to a prorated amount based on the Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 9 of 19 Page 42 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... previous fiscal year's approved budget. Such authorization shall continue for a reasonable period of time until budget approval of a new multiple year budget or annual budget update; 5.4.3 Where authority has been given in the operating budget by Council, and an increase to the approved amount is needed, the approval amount is authorized as detailed ISM 5.4.3.1 Any such increase is to be offset by a corresponding decrease(s) in other line items or through additional revenues to be realized from the additional expenditure resulting in a "net zero" adjustment to the operating budget. Any increases shall not materially alter a future year base budget which has not received Council approval; 5.4.3.2 The CFO/Treasurer may approve, including the source of financing up to $10,000 for any line items budgeted; 5.4.3.3 The Chief Administrative Officer or designate may approve, including the source of financing, up to $25,000 for any line items budgeted; 5.4.3.4 A summary of budget changes to the approved amount(s), in accordance with 5.4.2.2 and 5.4.2.3 will be provided to Council with the quarterly variance report; Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 10 of 19 Page 43 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 5.4.3.5 Operating expenses that exceed the authorization limits in 5.4.2.3 shall require Council approval; 5.4.3.6 Exceptions to the above approvals will occur when Section 275 of the Municipal Act regarding Restricted Acts after nomination day is in effect. The upper limit for any approvals shall be as stated in the Act. 5.5 Operating Budget Principals 5.5.3 The operating budget will be balanced as per the legislative requirements outlined in the Municipal Act; 5.5.2 The Township shall not utilize one-time revenues to finance ongoing programs. To the extent feasible, one-time revenues shall be applied only towards one-time expenditures. Furthermore, one-time revenues shall not be used for non -recurring expenses that may result in future year obligations such as debt service payments, staffing, and other anticipated operating cost expenditures; 5.5.4 At year-end, unallocated one-time revenues will form part of the Township's surplus and will be allocated to the Township reserves; 5.5.5 One-time revenues include, but are not limited to: grants or subsidies from other levels of government or municipalities that are not legislated to recur annually, transfers from Reserves and Obligatory Funds, and proceeds from the disposition/ sale of real property; Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 11 of 19 Page 44 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 5.5.6 Certain municipal revenues can be termed "unpredictable" as they fluctuate year to year and are not under the direct control of the Township. The budget amount for unpredictable revenues shall be conservative in nature and represents management's "best" estimate at the time of the budget; 5.5.7 Should an annual operating budget conclude the fiscal year in a surplus position, any excess funds remaining will be allocated to the Township's budget stabilization reserve; 5.5.8 Conversely, under this same policy should an operating budget conclude the fiscal year in a deficit position, it will be topped up from the Township's budget stabilization reserve accordingly. 6. Municipal Policy - Capital Budget Development 6.1. Capital Budget Preparation 6.1.1. Each Director shall prepare and submit to the CFO/Treasurer their multiple year capital budget requests and long term forecast in accordance with the Township's Statement of Operating Procedures SOP-FIN-011 and Strategic Asset Management Plan Policy; 6.1.2. Direction in terms of corporate wide assumptions and conditions are defined in the "Budget Guidelines Report" prepared by the CFO/Treasurer and approved by Council. Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 12 of 19 Page 45 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 6.2. Capital Budget Priority Process 6.2.1.Capital budgeting requires Staff and Council to allocate financial resources of the Township to meet the needs of the Township in the present and future. As a principle, the "best interests" of the community as a whole should be at the core of all capital budgeting decisions. This will be evaluated primarily through the Township's Asset Management Plan and guided by strategic/master plans; 6.2.2. Staff will prioritize projects to assist in the determination of which projects should be recommended to be included in the Capital Budget in accordance with the Township's Standard Operating Procedure, SOP-FIN-011, the Township Asset Management Plan and strategic/master plans; %,A 6.2.3. Any new capital project, that is a capital project that is not replacing or rehabilitating an existing capital asset, should be accompanied by a business case report which will form part of the capital budget document and will be in the form prescribed by the CFO/Treasurer; 6.2.4. New capital projects identified for the budget year must be feasible to complete given a thorough understanding of the project, staff resources, timelines, risks etc. to ensure that the project can be completed as estimated. 6.3. Carry-over of Projects - Capital 6.3.1. Projects not yet started by the end of the budget year shall be identified in the subsequent budget reconfirmation Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 13 of 19 Page 46 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... report to Council and carried forward to the subsequent budget year for financial control and reporting purposes. Funding shall be transferred to or remain in a reserve at the end of the year and utilized in the subsequent year to fund the project; 6.3.2. Projects started but not completed by the end of the year due to unforeseen delays (i.e. weather, availability of supplies, etc.) will be carried forward to the following budget year for the amount remaining of the project and will be identified in the subsequent budget reconfirmation year for financial control and reporting purposes. Funding shall be transferred to, or remain in a reserve at the end of the year and utilized from the same reserve in the subsequent year to fund the project; 6.4. Capital Spending Before the Budget Approval 6.4.1. Until the Capital Budget has been approved by Council, no department will begin any capital project that was not authorized in prior years unless: 6.4.1.1 Approval was granted by Council through a report outside of the budget process, or; 6.4.1.2 An emergency occurs requiring capital repairs and the purchase was approved through the processes outlined in the Township's Procurement Policy and has been approved by the Chief Administrative Officer, or; 6.4.1.3 An emergency requiring immediate attention and due to timing, not able to go through standard Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 14 of 19 Page 47 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... reporting or procurement has been authorized by the Chief Administrative Officer within their spending limits. 6.4.2 The CFO/Treasurer would be authorized to release budget funds prior to a new multiple year budget or annual budget update approval up to a prorated amount based on the previous fiscal year's approved budget. Such authorization shall continue for a reasonable period of time until budget approval of a new multiple year budget or annual budget update. 7. Municipal Policy - Tax Rate ` 4r 7.1. The Township shall budget to ensure that tax rate increase changes are reasonable and affordable, while ensuring financial sustainability and maintaining the level of service that Council approves on behalf of residents; 7.2. The annual tax rate increase change for the Township's base budget shall consider a blended rate consisting of: 7.2.1 "The Consumer Price Index" - the July 31st year over year change (%) and; 7.2.2 "The Municipal Price Index" — municipal cost drivers as a result of micro or macro environmental conditions which may include, but are not limited to: 7.2.2.1 new or changed legislative change; Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 15 of 19 Page 48 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 7.2.2.2 budget requests from external boards and/or agencies; 7.2.2.3 sustainability of service levels; 7.2.2.4 the state or condition of physical assets; 7.2.2.5 the size of the capital asset/infrastructure funding deficit and; 7.2.2.6 whether debt levels are sustainable 7.3. A portion of the Township's annual tax rate increase may naturally be attained through increases or growth in "taxable property assessment" to account for any growth that has resulted in additional service delivery costs; 8. Municipal Policy — Monitoring and Reporting Budgets 8.1 Monitoring the budget is important to ensure that operational and capital plans that were developed and approved for implementation as part of the budget processes are being implemented. Monitoring and controlling budgets through the quarterly budget variance analysis process assists departments in managing and reporting their performance; 8.2 Budget Materiality Analysis (to determine differences between actual and budget figures) is a signal that spending may not be going according to plan. The analysis identifies the amount of the variance to determine "materiality thresholds" and reasons that actual figures were over or under budget so that either: corrective action can be taken by Directors to reduce variances during the remaining budget year and can request the required approvals, to adjust budgets for future spending. "Materiality thresholds" are categorized and defined as follows: Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 16 of 19 Page 49 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 8.2.1 "Minor" means any difference in a "departmental budget area" as structured in the business plan that is less than $10,000. Minor variances will be monitored by the CFO/Treasurer to ensure that overages are appropriate; 8.2.2 "Variance" means any difference in a "departmental budget area" that is between $10,000 and $24,999-1 8.2.2.1 Any budget variance must be reported by Directors and be included in the quarterly reports presented to Council; 8.2.2.2 Accumulated variances in "departmental budget areas" that result in the department exceeding their overall budget must be reviewed by the Directors and any recommendations to cover the shortfall in funding must be identified and recommendations brought forward to the CFO/Treasurer and be included in the quarterly reports to Council; 8.2.3 "Deviation" means any difference in a "departmental budget area" that exceeds $24,999. 8.2.3.1 Directors are responsible for reporting and explaining any deviations from their approved budgets. When an operating or capital budget deviation is expected to occur, this should be formally documented, in a report to Council and approved by Council prior to the event taking place. Budget deviations refer to both the variance between the net cost to taxpayer (bottom line) budgeted vs. actual, as well as individual line item variances. If it is not possible to report the deviation in advance of the event occurring, the same procedures will be followed as soon as possible after the event; Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 17 of 19 Page 50 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 8.2.3.2 Increased program expenses that are directly offset by an increase in program revenues are not considered a deviation and would be recorded in the quarterly report; 8.2.3.3 Budget deviations also occur when the original intent of the services provided has been ,'materially altered" from the approved budget, even when there is no financial impact; 8.2.3.4 Budget deviations that are expected to occur or which have occurred will be presented at the next meeting of Council; 8.2.3.5 Any deviations or variances must have the funding source identified; 8.2.3.6 The Director's (or designates) first priority will be to protect the original intent of the individual budget area. If an event occurs that changes the intent of the budget, the Director (or their designate) will then use their professional judgment to determine within their department's budget a proposed budget deviation within which best preserves the original intent of the budgets affected; 8.2.3.7 If the budget deviation/variance results in another department having a budget deviation/variance or the use of reserves that have not been previously approved, or future year impact, this must be reviewed first by the Senior Management Team and the CFO/Treasurer with a report with recommendations to be provided to Council for approval. Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 18 of 19 Page 51 of 257 10.a) Shannon Johnson, Chief Financial Officer/Treasurer re: Draft Polic... 8.3 Quarterly Financial Forecast/Reporting Timelines 8.3.1 Both the operating and capital budgets shall be monitored throughout each year of the multi -year budget period and quarterly status reports shall be presented to Committee and Council in accordance with the schedule below: Quarter Financial Period Reporting Requirement 1 January - March Budget and actuals report (not reforecasting) Formal report prepared by the CFO/Treasurer for each budget area which includes a year end forecast by each 2 January - June Director (or their designate) of the year's operations. Presented to Council no later than 2 months after the reporting period Formal report prepared by the CFO/Treasurer for each budget area which includes a year end forecast by each 3 January - September Director (or their designate) of the year's operations. Presented to Council no later than 2 months after the reporting period Formal report prepared by the CFO/Treasurer in 4 January -December consultation with each Director (or their designate) in, or around February of the following year, to provide an overall financial forecast of the projected annual operations. 9. Policy Review This policy shall be reviewed prior to the initiation of the budget process of the first year ofeach new term of Council, or as deemed necessary by Council. Twp of OM — POL-FIN-011 Financial Controls, Multiple Year Budget and Reporting Policy Page 19 of 19 Page 52 of 257 v m Cn W 0 N QI v The purpose of the Financial Controls, Multiple Year Budget and Reporting Policy is to define the approach to be used for preparation of the multiple year budgeting and Council Approval, Reconfirmation, Mid -year adjustments, and Reporting processes. Key elements outlined in the policy: 1. Distinction between Council's and Administration's (Staff 's) Role 2. Multi -year business plan preparation and term of the multi -year budget (2 years) 3. Annual budget reconfirmation and update procedures 4. Operating and capital budget development and authority for mid year budget changes 5. Guidelines for approving an average annual tax levy adjustment 6. Monitoring and reporting budget timelines E Townshipp o�� Proud Heri[age, Exciting Pnnne 0 sv 0) v 0 C_ 0 U) 0 n m' v n v O 0 m m v m (D 0 .-f 0 P Municipal Governance • Municipal government exists to provide services to the community, manage the Township's resources and set the direction for the future; • To act as a "regulator" in a number of areas, • In this regard, Council and staff share a common purpose, v • Although Council and staff share a common purpose, each has different roles in Cn fulfilling this purpose. 0 �a N 4 To J � � Rand Hnirayc, Erci rir,Piiriiir 0 v 0) v 0 0 U) 0 n h v 0 v� 0 v 0 .-f 0 P Council's Role 1) To represent the Public and to consider the well-being and interests of the municipality 2) To develop and evaluate the policies and programs of the municipality 3) To determine which services the municipality provides Township n� Am d Hrriraye, E-iri,q Ervin, 0 v CO v 0 0 U) 0 0 h v 0 v� 0 v (D 0 .-f 0 P Administration's Role 1) Ensuring that the municipality's policies and programs and Council's decisions are implemented; 2) Advising and informing the Council on legislation and the operations of the municipality rt P U-- U )COMMERCIAL MUNICIPAL SERVICES =3 Ilk Townshipp o� Proud Hrrifgge, E.s iri,q Fiuiur 0 v CO v 0 0 U) 0 0 v 0 v, 0 0 0 v (D (D 0 .-f 0 P v m QI 4 0 N QI v On February 24, 2021 Township of Oro-Medonte Council approved the Township's first multi -year budget covering the period 2021— 2022. Total Operating and Capital Budget of $51.4 million • Council approved multi -year operating and capital budgets (2021-2022) included: • 2 year operating budget with additional 1 year forecast for a total of 3 years • 2 year capital plan & reserve funds with additional 1 year forecast for a total of 3 years • The Multi Year Budget was approved with an average annual property tax levy increase of 3.96% • Annual Budget updates are approved by Council throughout the multi -year period • 2021-2022 Multi -Year Budget linked to Council's Strategic Plan E Townshipp o�� Proud Heritage, Exciting Pnnne 0 v co v 0 C_ 0 U) 0 0 m' h v n v. O 0 m m v m (D 0 .-f 0 P Council's Strategic Plan Base Budget— Maintain the existing Services Cost Pressures Demands Upload Contingency Strategic Investment— Business Cases for Council's top strategic priorities (new/expanded services) • On -going revenue and operating/maintenance costs • Initial capita I investment 2 year Average Tax Levy Target Budget Amendments 1. New/ Regulation 2. New Council Direction Update Business Plan with new MYB information Annual Progress Update Multi -Year Budget [MYB] III Annual Update II v3. Areas significantly over target (cost driver) m Cn 00 O 43 _ N 1�t 4 Townshipp o� J Proud Heri[age, Exciting Ennne 0 v 0) !v O L O to O 0 (D h TI W n Iy 0 n (D (D !v (D (D 0 .-f O 0 RECOMMENDED By Administration For CONSIDERATION By Council Key Key Consideration 1: Consideration 2: Base Budget ` Strategic Investments POTENTIAL Tax Levy Townshipp o� Proud Hrrifgge, F..sri riri,Q Fiuiur 0 v v 0 f 0 U) 0 n (D h v 0 v. O m m v (D Mo p Budget Approvals to be • 4 strategic areas of focus from Strategic Plan are: v 0 O_ N QI v Strategic Plan T—hip of H fi,q,,, Exdrf„_� Pnnur 0 v CO v O O U) O C) CD v n v 0 CD CD CD (D 0 v O n CD Pros Cons • Alignment of longer -term goals and objectives Could be difficult to predict unexpected cost � r with longer -term funding and master plans; pressures in future years (e.g. wage increases, � • Improved accountability and transparency over material, hydro and fuel costs) 0 spending plan changes 0 • Changes to approved tax levy increases could be 2� CD • The integration and alignment with long-term h difficult to sell to Council -n development plans and strategic/master plans v • Priorities could change throughout multi -year =3 • Flexible allocation of resources over time to v accomplish goals/objectives period 0 • Requires total "buy -in" from Council, n • More efficient use of time and resources as the m organization is not in "perpetual budget mode" Administration (Staff) and Boards m � v vTownship oe�� N Proud Heritage, Exciting Future 0 Mo P Important component of the multi -year budget is the annual update process • Provides opportunity to adjust the budget and provide flexibility for events or circumstances that require funding and resource adjustments • Municipal Act, 2001 requires Council to review and readopt the budget for that year • The intent is to adhere to multi -year Township plans and budgets that support them. The budgets are not intended to be opened up for a full scale review, only to consider adjustments when circumstances warrant that meet the established criteria v • Annual update process intended to focus on 3 types of budget amendments: N O N wnsf Cn Tohipp of v Proud Heritage, Exciting Fur,- 0 v CO v 0 0 U) 0 n m' h v n v� O 0 m m v N (D (D 0 .-f 0 P s --———, ___—, s--- —,—, 'J t. —— —, y—„in- — __------------------ 1. New or Changed Regulation A new or changed legislation or regulation with a financial impact to the municipality le- 2. New Council Direction A new or changed legislation or regulation with a financial impact to the municipality 3. Cost Driver A corporate or service area budget shortfall as a result of changes I in project requirements and economic and environmental conditions Tow�iship n�/��, un�d Hnim,c, E.rri rirg Pnnur n Operating and capital budget changes shall be made that will establish, reinforce and align multi -year financial planning, Strategic/Master Plans, procurement bylaw and service areas' business plan objectives, measures, and pressures The CFO/Treasurer would be authorized to release budget funds prior to a new multiple year budget or annual budget update approval up to a prorated amount based on the previous fiscal year's approved budget. Such authorization shall continue for a reasonable period of time until budget approval of a new multiple year budget or annual budget calibration/update is completed; Township n� A-d H,,iraye, E-iri,q ha, ­ 0 v co v 0 C_ 0 U) 0 n m' v 0 v� 0 0 m m v (D 0 .-f 0 P Where authority has been given in the operating and capital budget by Council, and an increase to the approved amount is needed, the approval amount is authorized as detailed below: Any such increase is to be offset by a corresponding decrease(s) in other line items or through additional revenues to be realized from the additional expenditure resulting in a "net zero" adjustment to the operating budget. Any increases shall not materially alter a future year base budget which has not received Council approval; The CFO/Treasurer may approve, including the source of financing up to $10,000 for any line items budgeted; The Chief Administrative Officer or designate may approve, including the source of financing, up to $25,000 for any line items budgeted; Township n�/V�� Pn,nd Hrriraye, E.r�i ring Pnrinr 0 v v 0 r 0 U) 0 n m' h v n v. O 0 m m v (D 0 .-f 0 P The annual tax rate increase change for the Township's base budget shall consider a BLENDED rate consisting of: Ontario Consumer Price Index July year over year CPI CONSUMER PRICE INDEX v m rn rn O_ N CT V, 14. Nlunicipat Pry Room.1111' �y0 ®® bpM Township of of Am d Hrriraye, E-iloq E a,r v m Quarter Financial Period Reporting Requirement 1 January - March Budget and actuals report (not reforecasting) Formal report prepared by the CFO/Treasurer for each budget area which includes a year-end forecast by each 2 January - Jute Director (or their designate) of the year's operations. Presented to Council no later than 2 months after the reporting period Formal report prepared by the CFO/Treasurer for each budget area which includes a year-end forecast by each 3 January - September Director (or their designate) of the year's operations. Presented to Council no later than 2 months after the reporting period Formal report prepared by the CFO/Treasurer in 4 January -December consultation with each Director (or their designate) in, or around February of the following year, to provide an overall financial forecast of the projected annual operations. How Operating Dollars are Spent by Service Program ($51A Million Expenditures) CarPorafe, Operational&Uuncll Services 18% Financiala n Management Services 5% o% Social & Nealtli Servlms 1% Pasks & gecreation semaa wannlns e, Develapmen[Servlrez 9% 0 v 0) v O L O to O l J CD h Iv _n Iv CD CD !v �=�CD CD Townshipp pe� � Proud Heritage, Exciting Fur,- CD N 0 10.b) OCS2022-01, Shawn Binns, Director, Operations and Community Servic... Township of Report R r 0 Proud Heritage, Exciting Future Report No. To: Prepared By: OCS 2022-01 Council Justin Metras and Shawn Binns Meeting Date: Subject: Motion # January 12, 2022 Proposed Revisions to the 2022 Capital Budget - Roads Capital Program Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended that: 1. Report No. OCS 2022-01 be received and adopted; 2. That Council approve a carry forward of $200,000 from the 2021 Roads Capital Program positive budget variance to be allocated towards the 2022 Roads Capital Projects as outlined in OCS 2022-01; 3. That the balance of the 2021 Roads Capital Program positive budget variance be reviewed and considered through the Corporate Budget re -calibration process to reduce the debenture requirements for the Bridge 4 replacement; 4. That Council approve the proposed revisions to the 2022 Roads Capital Projects as outlined in Tables 1-4; 5. That communications be prepared to advise the community of the revised 2022 Roads Capital Program; 6. That staff report back to Council following the results of the tendering process; 7. That the specific project funding sources be updated to reflect changes and brought to back to Council as part of the Corporate 2022 budget re -calibration process. Background: In February 2021, Council approved its first two-year budget for 2021 and 2022. The intent of this report is to provide an update on the status of the 2021 Roads Capital Projects and to outline some recommended changes to the 2022 Roads Capital Program as approved in the 2021-2022 budget process. This review has been completed in advance of the corporate 2022 budget re -calibration process to ensure that 2022 projects can be put to market to capitalize on optimal pricing associated with early procurement. Operations and Community Services January 12, 2022 Report No. OCS 2022-01 Pagel of 8 Page 68 of 257 10.b) OCS2022-01, Shawn Binns, Director, Operations and Community Servic... Summary of 2021 Approved Roads Capital Program Paving projects (now completed): Bass Lake Sideroad — Line 13 to Line 14 15/16 Sideroad — Line 7 to Line 6 Medonte Hills residential subdivision — 6 streets Warminster Sideroad — Line 13 to Line 12 Line 12 North — Mount St. Louis Road to Hwy 12 Line 7 North — Bass Lake Sideroad to Horseshoe Valley Road Line 9 North — Mount St. Louis Road to Moonstone Road Line 3 South - Dip repair Woodland Drive road raise Shanty Bay residential subdivision — 6 Streets Robincrest residential subdivision — 4 streets Maplewood Parkway — Eight Mile Point to Line 15 Line 10 South — Ridge Road to Lakeshore Road Line 9 South — Ridge Road to Lakeshore Road Line 5 South — Ridge Road to Lakeshore Road Asphalt patching - various locations Other: Line 9 North — Old Barrie Road to Bass Lake Sideroad — design Sugarbush cul-de-sac /drainage design (currently underway) Georgian Drive walkway Line 15 North culverts replacement — (carry forward 2022) Line 2 South Culvert Replacement Bridge BX10 design Microsurfacing Cracksealing Guiderails — various locations Line 4 North Walkway - HVR to Highland Drive A total of $7,199,000 was ultimately approved in 2021 to complete the Roads Capital Projects (paving and other projects listed above). Addition projects approved and added to 2021 following budget ratification: Highway 12 and Warminster Sideroad Intersection (Provincial MTO jurisdiction) — Integrated Pedestrian Signal design ($40,000 funded from 2021 approved roads capital allocation - currently underway). Bridge 4 — Steeles Line design (planned debenture funding — Design currently underway). In addition, an emergency unplanned replacement of a culvert on Line 9 North was required and resulted in a cost of $86,000. This expense was managed in the overall 2021 roads capital allocation. Operations and Community Services January 12, 2022 Report No. OCS 2022-01 Page 2 of 8 Page 69 of 257 10.b) OCS2022-01, Shawn Binns, Director, Operations and Community Servic... Following the completion of the 2021 roads capital and design projects currently underway, a 2021 favorable budget variance of approximately $650,000 is anticipated. In addition, a further variance of $300,000 is anticipated from the Line 2 Culvert replacement thereby reducing the debenture requirement to fund this project or in turn reducing the 2022 debenture requirements. 2022 Roads Capital Program as approved in the 2021-2022 budget process: Paving - County Club Lane and Birch Grove - Bass Lake Sideroad - Line 8 to Line 9 - Ski Trails Road - Line 2 to Line 3 - 15/16 Sideroad — Line 6 to Line 5 - Warminster Sideroad — Line 12 to Line 11 - Line 9 North — Old Barrie Road to Bass Lake Sideroad (haul route) - Sugarbush — 6 Streets / Sugarbush and cul-de-sacs - (Iroquois Ridge, Algonquin Trail, Cayuga Ct, Oneida Ave, Seneca Lane, Mohawk Heights) - Simcoeside residential development - (Kennedy Ave, Mariposa Dr, Rosemarie Dr, Dorothy's Lane, Yvonne Cres, Campbell Ave, Stanley Ave, Blackman Blvd, Greengables Dr, Owen Road, Simcoeside Ave, Charlotte Ave, Myrtle Ave) - Lakeshore Road — Line 9 to Line 10 - Lakeshore Road — Line 12 to Line 13 - Asphalt patching - various locations Other - Warminster concrete sidewalk — Preston St to Danny McHugh Park - Cracksealing - Guiderail - Microsurfacing - Bridge 23 design - Bridge X-10 - Bridge 4 The total approved 2022 capital budget allocation for the roads capital program was $7,675,000. Analysis: As part of the 2022 budget re -calibration process, staff have re-evaluated the proposed 2022 projects. Several of these projects are now being recommended for deferral in order to address some additional scope aspects, such as drainage infrastructure, as well as to align with the timing of other capital projects. Furthermore, in 2021 many parts of the Township experienced significant issues as a result of heavy rains. Therefore, new drainage projects have been identified and included as priority projects for completion in 2022. Operations and Community Services January 12, 2022 Report No. OCS 2022-01 Page 3 of 8 Page 70 of 257 10.b) OCS2022-01, Shawn Binns, Director, Operations and Community Servic... Proposed project changes to 2022 projects approved in 2021 The following 2022 projects that were approved in the 2021-2022 budget process are now being recommended for deferral in 2022: Warminster Sidewalk — Preston St to Danny McHugh Park In 2023, the Warminster Sideroad from Hwy 12 to Town Line is scheduled for rehabilitation. This is a larger scale project that will require design for road and drainage improvements. It is recommended that the sidewalk (designed in 2020) be integrated into this project for scope coordination and economies of scale. The proposed amendments to the 2022 capital program have included road/drainage design provisions in 2022 to enable the combined/coordinated project to proceed in 2023. Lakeshore Road — Line 12 to Line 13: The short duration/high intensity storm event that occurred this past summer identified deficiencies with the drainage outlets and ditches through this location. More specifically, the capability to accommodate the volumes of water associated with these weather events that are occurring more frequently. A drainage review of this area (Line 12-14) is proposed in 2022 necessitating a deferral for road rehabilitation to 2023 to be coordinated along with recommended drainage works. Sugarbush — 6 Streets / Sugarbush cul-de-sacs The Environmental Services Department has been planning for upgrades to water infrastructure in the original phases of the Sugarbush subdivision. The design has been delayed due to a variety of field and COVID-19 business challenges, including but not limited to the acquisition of underground design locates, surveys and the provision of engineering services. Additionally, Operations has identified further needs to address legacy drainage and cul-de-sac design issues emanating from the original plan of subdivision. A review and design of this requirement was initiated in 2021 and is currently underway. Once these three design aspects have been completed, a comprehensive project incorporating drainage, road improvements / rehabilitation and watermain upgrades will be prepared and phased accordingly. As such, deferral of this project is recommended until a comprehensive design can be completed. The following projects are recommended to be added for completion in 2022 in addition to previously approved 2022 projects not being recommended for deferral: - 15/16 Sideroad — Line 10 to Line 11 (Paving) - Bass Lake Sideroad — Line 14 to Line 15 (Paving) - Parkside Drive (Paving) - Line 14N from Bass Lake Sideroad to end of 14t" (Paving) - Bickell Drive (Paving) Operations and Community Services January 12, 2022 Report No. OCS 2022-01 Page 4 of 8 Page 71 of 257 10.b) OCS2022-01, Shawn Binns, Director, Operations and Community Servic... - Hawthorn Place (Paving) - Old Scotia Place (Paving) - Woodland Cres — Bidwell (Paving) - Drainage study - Lakeshore Line 12 to 14 (to address drainage capacity constraints) - Warminster Sideroad design (road and drainage improvement design) - Line 15 North — Hwy 12 to Bass Lake Sideroad— Traffic calming improvements (currently reviewing two options: Option 1 - additional traffic calming and Option 2 - implementing one-way traffic provision with additional traffic calming. A separate report will be prepared to review options and a recommended process including community consultation following discussions with road authorities (MTO, City of Orillia) and emergency services. - Various drainage outlets — improvements to 3 existing outlets to address capacity constraints.( Wilson Drive, 1049 and 1005 Lakeshore Drive East) - *Warminster Integrated Pedestrian Signals (IPS) — No funding allocated for signal replacement — recommend further discussion with Ontario Ministry of Transportation regarding responsibility for upgrades. - Grandview Drainage Study — Council approved for 2022, it includes a review of the overall drainage on Grandview Ave. - Grandview Storm outlet — Council approved for 2022 and includes the construction of a drainage outlet to Lake Simcoe at #1A Grandview. - Pine Ridge cul-de-sac design - The cul-de-sac is currently located on private property and must be relocated to the Township owned right of way. Financial / Legal Implications / Risk Management: As previously outlined, the 2021 roads capital program has been completed and a favorable variance of approximately $650,000 is expected. This variance includes: the additional 2021 projects that were added to the 2021 roads program following Council's budget approval as well as 2021 accrual of projects currently underway but not yet invoiced. It is recommended that $200,000 of this surplus be carried forward towards the 2022 roads capital program and that as part of the 2022 corporate budget re -calibration process, the remainder of the 2021 surplus be considered towards reducing the planned debenture of $1,100,000 to replace the replacement of Bridge 4 as identified and approved by Council in Report OCS 2021-15. The following tables provide a financial summary of the proposed changes to the 2022 Roads Capital Program. Operations and Community Services January 12, 2022 Report No. OCS 2022-01 Page 5 of 8 Page 72 of 257 10.b) OCS2022-01, Shawn Binns, Director, Operations and Community Servic... Table 1 2022 ROAD PROJECTS APPROVED IN 2021 TO BE COMPLETED IN 2022 PROJECT Original budget Revised Budget Difference Country Club Lane - HVR to Birch Grove $150,000.00 $150,000.00 $0.00 Birch Grove - Country Club to Horseshoe Blvd $150,000.00 $150,000.00 $0.00 Ski Trails Road - Line 2 to Line 3 $290,000.00 $290,000.00 $0.00 15/16 Sideroad- Line 6 to Line 5 $300,000.00 $300,000.00 $0.00 Warminster Sideroad - Line 12 to Line 11 $300,000.00 $300,000.00 $0.00 *Sugarbush - 6 streets, including cul- de -sacs $850,000.00 $850,000.00 $0.00 Lakeshore Road - Line 9 to Line 10 $400,000.00 $400,000.00 $0.00 *Lakeshore Road — Line 12 to Line 13 $525,000.00 $525,000.00 $0.00 Simcoeside Residential Subdivision $1,100,000.00 $1,100,000.00 $0.00 Asphalt patching $225,000.00 $225,000.00 $0.00 Road Resurfacing $200,000.00 $200,000.00 $0.00 Cracksealing $40,000.00 $40,000.00 $0.00 Bridge 23 Design $40,000.00 $40,000.00 $0.00 Bridge X-10 construction $600,000.00 $600,000.00. $0.00 Bridge 4 construction $1,100,000.00 $1,100,000.00 $0.00 *Warminster concrete sidewalk $250,000.00 $250,000.00 $0.00 $7,675,000.00 $7,675,000.00 $0.00 *Projects recommended for deferral Table 2 2022 PROJECTS RECOMMENDED FOR DEFERRAL (removed from 2022 budget) PROJECT Original budget Revised Budget Difference Sugarbush - 6 Streets $600,000.00 $0.00 $-600,000.00 Sugarbush — cul-de-sacs $250,000.00 $0.00 $-250,000.00 Lakeshore Road Line 12 - Line 13 $525,000.00 $0.00 $-525,000.00 Warminster concrete sidewalk $250,000.00 $0.00 $-250,000.00 2021 positive variance (carry over to 2022 proposed) $-200,000.00 i i i $-1,825,000.00 Operations and Community Services January 12, 2022 Report No. OCS 2022-01 Page 6 of 8 Page 73 of 257 10.b) OCS2022-01, Shawn Binns, Director, Operations and Community Servic... Table 3 PROPOSED 2022 CAPITAL BUDGET ALLOCATION AMENDMENTS DUE TO SCOPE CHANGES / COST ESCALATION PROJECT Original Revised Difference budget Budget Guiderails (scope augmented to include $125,000.00 $215,000.00 $90,000.00 Line 7 overpass) Bass Lake Sideroad - Line 8 to Line 9 $320,000.00 $350,000.00 $30,000.00 (cost escalation) Line 9 North - Old Barrie Road to BLSR (cost escalation emanating from design $400,000.00 $500,000.00 $100,000.00 2021 design work $220,000.00 Table 4 PROPOSED NEW PROJECTS RECOMMENDED FOR COMPLETION IN 2022 CAPITAL BUDGET (added to 2022 budget) PROJECT Original Budget Proposed budget Difference 15/16 Sideroad - Line 10 to Line 11 $0.00 $300,000.00 $300,000.00 Bass Lake Sideroad - Line 14 to Line 15 $0.00 $300,000.00 $300,000.00 Parkside Drive $0.00 $150,000.00 $150,000.00 Line 14 & Bickell Drive $0.00 $170,000.00 $170,000.00 Hawthorn Place $0.00 $145,000.00 $145,000.00 Old Scotia Place $0.00 $130,000.00 $130,000.00 Woodland Cres — Bidwell Estates $0.00 $210,000.00 $210,000.00 Drainage study- Lakeshore Lines 12-14 $0.00 $75,000.00 $75,000.00 Warminster Sideroad design $0.00 $30,000.00 $30,000.00 Line 15 North Improvements $0.00 $30,000.00 $30,000.00 Various drainage outlets $0.00 $20,000.00 $20,000.00 **Warminster Intersection Signals $0.00 $0.00 $0.00 Grandview Drainage Study $0.00 $15,000.00 $15,000.00 Grandview Storm outlet $0.00 $20,000.00 $20,000.00 Pine Ridge cul-de-sac design $0.00 $10,000.00 $10,000.00 $1,605,000.00 $1,605,000.00 Revisions to existing projects due to cost escalation $845,000.00 1,065,000.00 $220,000.00 TOTAL $1,825,000.00 Line 15 Culvert Replacement (2021 carryover) $100,000.00 $100,000.00 ** No funding allocated for signal replacement — recommend further discussion with Ontario Ministry of Transportation regarding responsibility for upgrades Operations and Community Services January 12, 2022 Report No. OCS 2022-01 Page 7 of 8 Page 74 of 257 10.b) OCS2022-01, Shawn Binns, Director, Operations and Community Servic... Policies/Legislation: Purchasing and Tendering Procedures Corporate Strategic Goals: Prepare for Our Future Foster Safe and Inclusive Community Living & Business Growth Modernize Township Services Consultations Chief Financial Officer / Treasurer Director, Environmental Services Manager, Operations Conclusion: To capitalize on optimal project pricing a review of 2022 roads capital projects has been initiated in advance of the 2022 corporate budget re -calibration process. The review completed has recommended deferral of a number of planned projects to address additional scope and timing considerations. In addition, a number of priority projects have been recommended to advance in 2022. All proposed changes are planned to be completed within the currently approved budget allocations and favorable variances. Respectfully Submitted: Justin Metras, CET, CRS-1 Manager, Infrastructure and Capital Projects Approvals: Andria Leigh, Deputy CAO/Director, Development Services Operations and Community Services Report No. OCS 2022-01 Shawn Binns, PBDM, MBA Director, Operations and Community Services Date: January 6, 2022 January 12, 2022 Page 8 of 8 Page 75 of 257 10.b) UU62022-01, Shawn Binns, �I�n Vasey Rd. 3 z AdkN c z Peter St. W. N I -,I Z M N � c c J J 1 Old Kempenfelt Bay z 15116 rd. W. z z z � V L0 m J J J M ctor, Uperations and Gommunity Servic.. asey Rd. e St. E. Z Moun Z 0 N oe "ass Lak is Rd. z 15 16 Srd. E. J E. Bass Lake Lake Simcoe 2022 ■ Bridge © Drainage Outlet Construction Road Improvement Design �-\� � ® Drainage Outlet Design 1 _ Road rl Bridge (Design) Drainage Design Township X Pedestrian Signal (Design) Traffic Calming Towns and 0feQhiq tPi Improvements Roadway Design Paving Traffic Flow Ad u t 916 Of 257"''rage, Exciting Future 10.c) DS2022-001, David Saunders, Manager, Development Engineering re: P... Township o}- Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2022-001 Council David Saunders, Manager Development Engineering Meeting Date: Subject: Motion # Jan. 12, 2022 Pre -Servicing Agreement with Oro Medonte Estates Inc. for Draft Plan of Subdivision Roll #: R.M.S. File #: 4346-010-003-27600 (Forest Heights -Phase 2) A lication# 43T-93022 D12 10802 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2022-001 be received and adopted; 2. That the Township of Oro-Medonte enters into a Pre -Servicing Agreement for Earthworks with Oro Medonte Estates Inc.; 3. That the appropriate By-law be brought forward for Council's consideration; and 4. That the owner be notified of Council's decision under the Deputy CAO/Director, Development Services signature. Background: Oro Medonte Estates Inc. is proposing a residential development located in the Sugarbush Rural Settlement Area, between Line 6 North and Line 7 North as identified on the attached Location Map (See Attachment # 1). These lands have been granted draft plan approval by Council for 80 single detached residential units known as Forest Heights (See Attachment # 2) (Proposing 30 Lots in Phase 1 and 50 in Phase 2). As the Developer continues to obtain the necessary agency clearances to proceed to the final registration of the subdivision, they have requested permission to enter into a Pre - Servicing Agreement for Earthworks and Underground Servicing with the Township for Phase 2. The Developer did enter into a Pre -Servicing Agreement with the Township for Phase 1 in September 11, 2019 (By-law 2019-088). The development will be serviced by a municipal water system and individual private sewage systems. Analysis: The Township has established a process for the consideration of Pre -Servicing Agreements. The Developer has provided the Township a deposit of $10,000.00. In accordance with the Township's Fees and Charges By-law, the required fee of $1500.00 Development Services January 12, 2022 Report No. DS2022-001 Pagel of 5 Page 77 of 257 10.c DS2022-001, David Saunders, Ma.na er, Developm?nt Engineering re: P... for the preparation and consideration of a pre -servicing agreement shall be dr wn from that deposit. The Township's procedure regarding consideration of a Pre -Servicing Agreement is as follows: 1. Developer submits a request and required fee to the Township that identifies the works to be considered within a Pre -Servicing Agreement. 2. Developer's Engineer is required to provide a detailed summary of the total construction costs for the specific works to be subject in the agreement that are included in Schedule "D" of the Pre -Servicing Agreement once approved by the Township's Manager, Development Engineering. 3. Township staff circulate the request for pre -servicing to internal Township Departments, Engineering Consultants and as required, external agencies. 4. Township staff prepare a draft pre -servicing agreement for review by internal Township Staff, Township's Engineering Consultant and the Developer. 5. Developer to provide signed Pre -Servicing Agreement for Earthworks, letter of credit for 50% of internal pre -servicing works and (if applicable) 110% for external works, and insurance certificate in favour of the Township. 6. Developer to provide the Township Engineering Drawings outlining the proposed works detailed in the Agreement. 7. Developer to provide an Insurance Certificate for $5,000,000.00 Liability with Township as additional insured 8. Staff to prepare the necessary report and By-law to authorize the execution of the pre -servicing agreement once the required documents noted in 5, 6 and 7 above are obtained and submitted to the Township. The Pre -Servicing Agreement pertains to earthworks, underground and utilities servicing, and road base paving. The developer has provided the following to the Township: • Engineering Drawings Stamped as Accepted for Construction by Jim Parker, P.Eng., Jones Consulting Group (Aug. 19, 2019) on behalf of the Township; • Insurance certificate provided with the Township identified as additional insured; • Securities posted in the amount of $1,315,741.60-1 and • Signed Pre -Servicing Agreement for authorization by Council and execution by Mayor and Clerk On this basis, staff are now in a position to bring forward the by-law authorizing the execution of the Pre -Servicing Agreement specifically for Phase 2. The Developer will continue to work towards the fulfillment of all necessary items required to execute a full Subdivision Agreement and registration of the Plan. Financial / Legal Implications / Risk Management: Securities for the Pre -Servicing are required to reduce the risk to the Township for the completion of these works in the event the development does not proceed to subdivision registration. The Pre -Servicing Agreement (Section 1) identifies that the Developer shall assume all risk for completing works prior to final subdivision approval. Development Services January 12, 2022 Report No. DS2022-001 Page 2 of 5 Page 78 of 257 10.c DS2022-001., David S unders, Mana er, Development Engineering re: P... The Agreement also requires that a certificate of Insur nce in the a pount of $5,000,000.00 naming the Township and The Jones Consulting Group Ltd. as co- insured be submitted to the Township, which has been received. Policies/Legislation: Planning Act Corporate Strategic Goals: The following Strategic Plan goals are relevant to this item: Foster Safe and Inclusive Community Living & Business Growth Staff is of the opinion that the proposed Pre -Servicing Agreement is consistent with this goal of the Strategic Plan. Consultations: Manager, Planning Services The Jones Consulting Group (Township's Engineering Consultants) Pearson Engineering Limited (Developer's Consulting Engineers) Oro Medonte Estates Inc. Attachments: Attachment #1 — Location Map Attachment #2 — Draft Plan of Subdivision Conclusion: Based on the approval of the engineering drawings, receipt of the required insurance certificate, fees deposit and letter of credit for the pre -servicing works, it is staff's recommendation that Council enter into a Pre -Serving Agreement for Phase 2 with Oro Medonte Estates Inc. Respectfully submitted: David Saunders, B.E.S., C.E.T. Manager, Development Engineering Approvals: Date: Andria Leigh, Deputy CAO/Director, Development Services January 5, 2022 Development Services January 12, 2022 Report No. DS2022-001 Page 3 of 5 Page 79 of 257 10.c) DS2022-001, David Saunders, Mana r, Development Engineering re: P... Attachment 1 — Location ap N UNECT SM P A 1FWi,YXg Rp;{ 9w. t }� Ilk e DEMOCRAT HOMES FOREST HEIGHTS ESTATES PEAR 5 O N TOWNSHIP OF ORO—MEOONTE \` ��. ENGINEERING LTD. lGIUGNGYO.GOM �H. 9G�.'l1�.49�! 17090 LOCATION MAP Tye wnsuE VERT LP-1 can. °" Auc=9 + ❑ Development Services January 12, 2022 Report No. DS2022-001 Page 4 of 5 Page 80 of 257 10.c) DS2022-001, David Saunders, Manager, Development Engineering re- P Attachment #2 — Draft Plan of Subdivision Cr Ell ii L 32. o�zo 9 it a. i �: � N ���.� �'.�� �.s �� A ;IN a qpg ;p 7 2- WN � T "T L - - - - - - - - - - - - - - - - - --- - ------------ --------------------------------------------------------- - - - X.J ---------------- P -�, ......... . 1'1� 77"', V—�' 71­"",'j_" Development Services January 12, 2022 Report No. DS2022-001 Page 5 of 5 Page 81 of 257 10.d) Tamara Obee, Director, Human Resources re: Draft Policy and Progra... 'I'hip atJ��f1���/ 1 TL Proud Heritage, ExcitiiEg Future Policy and Program Department/Section Health & Safety Policy # POL-HS-2-01-02 Subject Enacted by Council: Respect in the Workplace June 12, 2019 (Harassment and Violence) Amended January 12, 2022 Motion # C190612-12 C220112- PURPOSE: 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 in the organization. It is the Township of Oro-Medonte's goal to provide a healthy and safe environment that is free of any form of workplace harassment and workplace violence. The Township of Oro-Medonte shall not tolerate any form of discrimination or harassment as defined under the Ontario Human Rights Code, nor any form of workplace violence or workplace harassment, including sexual harassment, as defined by the Ontario Occupational Health and Safety Act. SCOPE: This policy applies to all Township of Oro-Medonte's Employees and individuals who interact with Township Employees including but not limited to contractors and consultants, members of Council, volunteers and those appointed to Council Committees. This policy applies to all work done on behalf of the Township, and applies to the following non -exhaustive list of situations: • The workplace • During work -related travel • At restaurants, hotels or meeting facilities that are being used for business purposes • In Township owned or leased facilities • During telephone, email or other communications; • At any work -related social event, whether or not it is Township sponsored; • Any other situation in which the individual is performing work on behalf of the Township; and • Any other situation in which the individual may be reasonably viewed as representing the Township. Page 1 of 12 Page 82 of 257 10.d Tam ra Obee, Director, Human Regources re: Draft Polic andd Pro ra... This policy also �exten�s to employment related incidents that occur away from the wyorkpface, 9 on social media or outside working hours, that have an impact on the working environment, including working relationships and the public's perception of the Township. DEFINITIONS: Discrimination Workplace discrimination includes any distinction, exclusion or preference based on the protected grounds in the Ontario Human Rights Code, which nullifies or impairs equality of opportunity in employment, or equality in the terms and conditions of employment. The protected grounds of discrimination are: • Race, colour, ancestry, citizenship, ethnic origin or place of origin. • Creed, religion. • Age. • Sex (including pregnancy). • Gender identity. • Gender expression. • Sexual orientation. • Family status. • Marital (including same -sex partnerships) status. • Disability or perceived disability. • A record of offences for which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or an offence in respect of any provincial enactment. Workplace Sexual Harassment Workplace sexual harassment is a health and safety hazard that is covered under the Occupational Health and Safety Act. The Occupational Health and Safety Act defines workplace sexual harassment as: • Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or • Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. Both men and women can be victims of harassment, and someone of the same or opposite sex can harass someone else. Some examples of Workplace Sexual Harassment can include, but may not be limited to: • Sexual advances or demands that the recipient does not welcome or want. Page 2 of 12 Page 83 of 257 10.d) Tamara Obee, Director, Human Resources re: Draft Policy and Progra... • Threats, punishment or denial of benefit for refusing a sexual advance. • Leering (persistent sexual staring). • Displaying sexually offensive material such as posters, pictures, calendars, cartoons, screen savers, pornographic or erotic web sites or other electronic material. • Distributing sexually explicit email messages or attachments such as pictures or video files. • Sexually suggestive or obscene comments or gestures. • Unwelcome remarks, jokes, innuendos, propositions or taunting about a person's body, clothing or sex. • Persistent, unwanted attention after a consensual relationship ends. • Physical contact of a sexual nature, such as touching or caressing. • Sexual assault. Discriminatory Harassment Discriminatory harassment includes comments or conduct based on any of the protected grounds in the Ontario Human Rights Code, that is known or ought reasonably to be known to be unwelcome. Some examples of discriminatory harassment can include, but may not be limited to: • Offensive comments, jokes or behavior that disparage or ridicule a person's membership in one of the protected grounds, such as race, religion or sexual orientation. • Imitating a person's accent. • Persistent or inappropriate questions about whether a person is pregnant, has children or plans to have children. • Inappropriate comments orjokes about an individual's age, sexual orientation, personal appearance or weight. Harassing comments or conduct can poison someone's working environment, making it a hostile or uncomfortable place to work, even if the person is not being directly targeted. This is commonly referred to as a poisoned working environment and it is also a form of harassment. Some examples of actions that can create a poisoned working environment can include, but may not be limited to: • Displaying offensive or sexual materials such as posters, pictures, calendars, web sites or screen savers. • Distributing offensive email messages, or attachments such as pictures or video files. • Practical jokes that embarrass or insult someone. • Jokes or insults that are offensive, racist or discriminatory in nature. Workplace Harassment Workplace harassment is a health and safety hazard that is covered under the Occupational Health and Safety Act. The Occupational Health and Safety Act defines workplace harassment as: Page 3 of 12 Page 84 of 257 10.d) Tamara Obee, Director, Human Resources re: Draft Policy and Progra... • Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome; or • Workplace sexual harassment. Some examples of workplace harassment can include, but are not limited to: • Verbally abusive behavior such as yelling, insults, ridicule and name calling including remarks, jokes or innuendos that demean, ridicule, intimidate or offend. • Workplace pranks, vandalism, bullying and hazing. • Gossiping or spreading malicious rumours. • Excluding or ignoring someone, including persistent exclusion of a particular person from workplace -related social gatherings. • Undermining someone else's efforts by setting impossible goals, with short deadlines and deliberately withholding information that would enable a person to do their job. • Providing only demeaning or trivial tasks in place of regular job duties. • Humiliating someone. • Sabotaging someone else's work. • Displaying or circulating offensive pictures or materials. • Offensive or intimidating phone calls or materials. • Impeding an individual's efforts at promotions or transfers for reasons that are not legitimate. What Isn't Harassment Workplace harassment should not be confused with reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace, including: Measures to correct performance deficiencies, such as placing someone on a performance improvement plan. Imposing discipline for workplace infractions. Requesting medical documents in support of an absence from work. It also does not include minor workplace disagreements that may occur between individuals or differences of opinion between co-workers. The Test of Harassment Intent is not a prerequisite to workplace harassment. The test of harassment is whether a person knew or should have known that the comments or conduct were unwelcome to the other person. For example, someone may or may not make it clear through their conduct or body language that the behavior is unwelcome. It is sufficient that the victim perceived the conduct as harassment and that a reasonable person in similar circumstances would have perceived the conduct as harassment. Although it is commonly the case, the harasser does not necessarily have to have power or authority over the victim. Harassment can occur from co-worker to co-worker, supervisor and/or manager to employee and employee to supervisor and/or manager. Page 4 of 12 Page 85 of 257 10.� Tamara O�ee, Director, Human Resources re: Draft Policy and Progra... rn stic Vio Workplace & oende Workplace and domestic violence that may occur in the workplace are health and safety issues, which are covered under the Occupational Health and Safety Act. Workplace Violence Workplace violence is a health and safety hazard that is covered under the Occupational Health and Safety Act. The Occupational Health and Safety Act defines workplace violence as: The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; and/or A statement or behavior that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. It is defined broadly enough to include acts that may be considered criminal. Workplace violence can include, but is not limited to: • Physically threatening behavior such as shaking a fist at someone, destroying property, throwing objects. • Verbal or written threats to physically attack a worker. • Leaving threatening notes or sending threatening emails. • Wielding a weapon at work. • Engaging in stalking behaviour of any employee. • Physically aggressive behaviours including hitting, shoving, standing excessively close to someone in an aggressive manner, pushing, kicking, throwing an object at someone, physically restraining someone or any other form of physical or sexual assault. Violence that occurs outside the normal workplace but which has an impact on the working environment, including working relationships, may also be considered violence in the workplace. Domestic Violence Domestic violence is defined as behaviour used by one person to gain power and control over another with whom he/she has an intimate relationship. This behaviour may include physical violence or threats of violence, sexual, emotional and psychological intimidation, and stalking. PREVENTING HARASSMENT AND VIOLENCE: This Policy recognizes the Township's responsibility under the Occupational Health and Safety Act to prevent and respond to any workplace harassment and workplace violence, including domestic violence affecting or concerning its employees. Page 5 of 12 Page 86 of 257 10.d1 Tamara Obee, Director, Human Resoprces re: Draft Policy and Progra... All employees have the right to work in an environment free from harassment and violence and all employees share the responsibility to support a harassment free and violence free workplace. The Township shall develop and maintain a Workplace Violence and Harassment Program to implement the Respect in the Workplace Policy in compliance with Part 111.0.1 of the Occupational Health and Safety Act. RISK ASSESSMENTS The Township will assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work. The assessments will take into account: • Circumstances that would be common to similar workplaces; • Circumstances specific to the workplace; and • Any other prescribed elements. The assessments will be kept on file with Human Resources and will be reviewed at least annually to determine if a reassessment is required. The members of the Joint Health & Safety Committee and Health and Safety Representatives will receive copies of the completed assessment forms to ensure employees are aware of potential violence risks, to assist in identifying further risks and to ensure measures and procedures to protect workers from workplace violence are understood. A reassessment of the risks of workplace violence will occur as often as is necessary to ensure that workers are protected from workplace violence. RESPONSIBILITIES: The Township of Oro-Medonte: The Township of Oro-Medonte will not tolerate, ignore or condone discrimination, harassment or violence in the workplace. It is the responsibility of the Township to respond to and take reasonable preventative measures to protect employees from workplace harassment and violence, which includes ensuring that all employees are trained on this policy and program, assessing the risk of workplace violence, investigating incidents and complaints, imposing suitable corrective measures and developing and implementing procedures to control the risk of workplace violence and harassment Page 6 of 12 Page 87 of 257 10.d) Tamara Obee, Director, Human Resources re: Draft Policy and Progra... Supervisors/Managers: Supervisors and/or Managers are expected to assist in creating a violence and harassment -free workplace and to immediately contact the Human Resources Department if there is a complaint of workplace harassment or violence or if they witness or become aware of harassing or violent behaviour. Supervisors and/or Managers must also take every reasonable precaution to protect employees from workplace violence, including evaluating a person's history of violent behaviour to determine whether and to whom this employee poses a risk. In making these evaluations supervisors should consider: a. Whether the person's history of violence was associated with the workplace or work. b. Whether the history of violence was directed at a particular employee or employees in general. c. How long ago the incidence of violence occurred. In certain circumstances, Supervisors and/or Managers may have a duty to provide information about a risk of workplace violence from a person with a history of violent behaviour if an employee can be expected to encounter that person during the course of his or her work, and the risk of workplace violence is likely to expose the employee to physical injury. Only release as much personal information about the person with a history of violent behaviour as is reasonably necessary to protect the employee from physical injury. Employees: Must comply with this policy and legislation and shall foster a work environment that is based on respect and is free from violence and harassment. Must immediately report to their Supervisor and/or Manager or Human Resources any incident of workplace harassment or violence or threat of workplace violence. In the case of an extreme or imminent threat of physical harm to themselves or any person, employees should dial 911 to contact the police. PROCEDURE: INFORMAL RESOLUTION - Harassment & Discrimination If an Employee believes that they are being harassed or discriminated against, the first thing they can do - if the individual feels comfortable doing so - is tell the person to stop the unwelcome behaviour or conduct. Although this may be difficult to do, telling the person that their actions are unwelcome is often enough to stop the behaviour. Some of the things that can be said to stop this behaviour are: • "I don't want you to do that." • "Please stop doing or saying..." • "It makes mP unrnmfnrtahlP when vnu • "1 don't find it funny when you..." Page 7 of 12 Page 88 of 257 10.d) Tamara Obee, Director, Human Regioures re: Draft Policy and Progra... If the harassment continues after confronting the individual, or �the individual is uncomfortable or unwilling to confront the alleged harasser directly, an Employee may want to: • Provide him or her with a written statement of the situation. • Include specific details of the behaviours considered to be harassing, the request to the harasser to stop and the expectation that he or she will stop. • Provide details of the next steps planned to take if the harassment does not stop e.g., filing a formal complaint. • Keep a copy of the statement. • It helps to keep a record of any incident(s) that are experienced. This includes when the harassment started, what happened, whether there were any witnesses and the responses. However, the employee need not attempt informal resolution in cases of workplace violence, or in cases where the employee does not feel comfortable attempting an informal resolution. PROCEDURE Human Resources If the incident or complaint is not resolved informally, or if the incident(s) complained of are serious in nature or involve allegations of workplace violence, Employees must report the incident or complaint to Human Resources. Human Resources shall act as workplace coordinator with respect to harassment in the workplace. If an Employee believes that someone who is not a member of our organization, e.g. a customer, supplier, etc., has harassed or discriminated against them, please report the harassment to your Supervisor and/or Manager or Human Resources. Although the Township of Oro-Medonte has limited control over third parties, the issue will be addressed and an attempt will be made to prevent further problems from arising. The complaint should include the name of the person that is believed to be the harasser, the complainant's name, details of what happened, including the place, date and time of the incident(s), and the names of any possible witnesses. It is important that Human Resources receives the complaint as soon as possible so that the problem does not escalate or happen again. The Township of Oro-Medonte will ensure that an investigation is conducted into incidents and complaints of discrimination or workplace harassment that is appropriate in the circumstances. Discrimination and workplace harassment are serious matters. Therefore, if an Employee decides not to make a complaint, Human Resources may still need to investigate the matter and take steps to prevent further incidents, as appropriate. Page 8 of 12 Page 89 of 257 10.dd Tamara Obee, Director, Human Resources re: Draft Policy and Progra... Investigation P ocedure: Human Resources, in consultation with the Chief Administrative Officer, will commence an investigation as quickly as possible, choosing to use either an internal or external investigator, depending on the circumstances, including the nature of the complaint. The investigation will include: • Interviewing the complainant and respondent to ascertain all the facts and circumstances relevant to the complaint, including dates and locations. • Interview witnesses, if any. • Giving the respondent an opportunity to respond to the allegations. • Reviewing any related documentation. • Making detailed notes of the investigation and maintaining them in a confidential file. • Make a determination as to whether the allegations are substantiated or not substantiated. Once the investigation is complete, the investigator(s) will submit the findings to Human Resources. A summary of the findings will also be provided to the complainant and respondent. It is the Township's goal to complete any investigation and communicate the results to the complainant and respondent in writing within thirty (30) days after a complaint is received, when possible. Corrective Action: Human Resources, in consultation with the Chief Administrative Officer, will determine what corrective action, if any should be taken as a result of the investigation. Human Resources will inform, in writing, the complainant and respondent of the results of the investigation and of any corrective action that has been or will be taken, if any were necessary. If a finding of harassment is made, the Township of Oro-Medonte will take appropriate corrective measures. Corrective measures may include one or more of the following: • Discipline, such as a verbal warning, written warning or suspension without pay. • Termination with or without cause. • Referral for counseling (sensitivity training), anger management training, supervisory skills training or attendance at educational programs on workplace respect. • A demotion or denial of a promotion. • Reassignment or transfer. • Financial penalties such as the denial of a bonus or performance related salary increase. • Any other disciplinary action deemed appropriate under the circumstances. Page 9 of 12 Page 90 of 257 10.d) Tamara ME Director, Hum�n Resources re: Draft Policv and Progra... If a complaint i made in good faith and without ma ice, regardless of the outcome o the investigation, the Complainant will not be subject to any form of discipline. The Township of Oro-Medonte shall, however, discipline up to and including termination anyone who brings a false and malicious complaint made in bad faith. COMPLAINTS INVOLVING A MEMBER(S) OF THE SENIOR MANAGEMENT TEAM OR A MEMBER(S) OF COUNCIL If the alleged harasser is the employer or supervisor of the employee, the employee may report the incident of workplace harassment directly to Human Resources. Human Resources, in consultation with the Chief Administrative Officer, may refer the investigation into allegations of harassment made by or against a Senior Management Team member, or made by or against a Member of Council, to an external and independent fact - finder. The findings shall be submitted to the Chief Administrative Officer who will submit the findings to Council and the Senior Management Team, as appropriate, in Closed Session in accordance with the Township's Procedural By-law. Should the allegations be made against the Chief Administrative Officer, Human Resources shall refer the allegation to an external and independent fact -finder with findings submitted to Council in Closed Session in accordance with the Township's Procedural By -Law. Should the allegations be made against Human Resources, the Chief Administrative Officer shall refer the allegation to an external and independent fact -finder with findings submitted to Council in Closed Session in accordance with the Township's Procedural By -Law. PROCEDURE FOR RESOLVING AND INVESTIGATING WORKPLACE VIOLENCE: Workplace Violence: Employees have the right to refuse work if workplace violence is likely to endanger them. In that instance, please immediately contact the Supervisor and/or Manager at which point appropriate measures will be taken to provide protection and investigate the situation. Affected Employees will be moved to a safe place as near as reasonably possible to their normal work station and will need to be available for the purposes of investigating the incident. In some circumstances, alternative work may be arranged during normal working hours. In appropriate circumstances, the Township may contact the police, or other emergency responders as appropriate, to assist, intervene or investigate workplace violence. Some of the measures and procedures for summoning immediate assistance include, but are not necessarily limited to: Equipment to summon assistances such as fixed or personal alarms, locator or tracking systems, phones, cell phones, etc. Emergency telephone numbers and/or email addresses. Emergency procedures as can be found in our emergency procedures and/or policies. Provided the situation is dealt with quickly and the danger to workers is removed, the necessity of work refusal may be alleviated. Page 10 of 12 Page 91 of 257 10.dd Tamara Obee, Director, Human Resources re: Draft Policy and Progra... Investigation P ocedure: Employees are required to report incidents of workplace violence or threat of workplace violence to their Supervisor and/or Manager, or Human Resources. Human Resources, in consultation with the Chief Administrative Officer, will commence an investigation as quickly as possible and may choose to use either an internal or external investigator, depending on the circumstances, including the nature of the incident. The investigator shall interview both parties, and shall give the respondent an opportunity to respond to the allegations. The investigator shall make a determination as to whether the allegations are substantiated or not substantiated. Once the investigation is complete, the investigator(s) will prepare a detailed report of the findings to Human Resources. A summary of the investigation will be provided to the Joint Health and Safety Committee, Health and Safety Representatives and the Ministry of Labour, where required under the Occupational Health and Safety Act. Corrective Action: The Chief Administrative Officer will determine what action should be taken as a result of the investigation. If a finding of workplace violence is made, the Township of Oro-Medonte will implement appropriate corrective measures. If a complaint is made in good faith and without malice, regardless of the outcome of the investigation, the Complainant will not be subject to any form of discipline. The Township of Oro-Medonte shall, however, discipline up to and including termination anyone who brings a false and malicious complaint made in bad faith. PROCEDURES FOR ADDRESSING DOMESTIC VIOLENCE: The Township has a duty to take every reasonable precaution in the circumstances to protect a worker from domestic violence that would likely expose a worker to physical injury in the workplace. As such, an Employee who is experiencing domestic violence, or an employee who is aware of a situation of domestic violence involving a coworker, with the potential to expose the employee to physical injury in the workplace is encouraged to seek immediate assistance by contacting Human Resources, so that the Township can take reasonable precautions and preventative steps to protect the worker and co-workers in the workplace. This may include some or all of the following: • Creating a safety plan. • Contacting the police. • Establishing enhanced security measures such as a panic button, code words, and door and access security measures. • Screening calls and blocking certain email addresses. • Setting up priority parking or providing escorts to vehicles. • Adjusting working hours and location so that they are not predictable. • Facilitating access to counseling through the Employee Assistance Program or other community programs. Page 11 of 12 Page 92 of 257 10.d) Tamara Obee, Director, Human Resources re: Draft Policy and Progra... The Township appreciates the sensitivity of these issues and will provide assistance to the Employee as discreetly as possible while maintaining privacy. CONFIDENTIALITY OF COMPLAINTS AND INVESTIGATIONS: The Township of Oro-Medonte recognizes the sensitive nature of workplace harassment and workplace or domestic violence complaints and will keep all complaints confidential, to the extent that the Township is able to do so. Information will only be released as necessary to investigate or to take corrective action with respect to the complaint or situation or if otherwise required by law. It is essential that the complainant, respondent, witnesses and anyone else involved in the investigation of a complaint maintain confidentiality throughout the investigation and afterwards. PROTECTION FROM REPRISAL: The Township of Oro-Medonte will not tolerate reprisal, retaliations, taunts or threats against anyone who reports or complains about workplace harassment or violence or takes part in an investigation. Any person who taunts, retaliates against or threatens anyone in relation to a workplace harassment or violence report, complaint or investigation shall be disciplined up to and including termination. Nothing in this policy prevents an individual's right to file a complaint with the Ministry of Labour or an application with the Human Rights Tribunal of Ontario should they feel the situation warrants such action. N AN 14YA The Policy and Program will be reviewed and evaluated as often as necessary, but at least annually, in consultation with the Joint Health and Safety Committee. It shall be the responsibility of all employees of the Township of Oro-Medonte to ensure that they are aware of this policy by completing POL-HR-01-Form 1. Page 12 of 12 Page 93 of 257 Update on COVID=19 Actions January 12, 2022 Andria Leigh, Deputy CAO Towruhip ofI1�+�� Proud Heritage, Exci[iug Future 0 0 3 U) (D n (D c a N (D COVID-19 General Information Update • On October 22, 2021 the Ontario government, in consultation with the Chief Medical Officer of Health, released a plan to safely reopen Ontario and manage COVID-19 for the long-term • This Plan outlined a gradual approach to lifting the remaining measures based on ongoing assessment of key public health and health care indicators including: • identification of new COVID-19 variants; v • increases in hospitalizations and ICU occupancy; and • rapid increases in transmission. 0 N v Towruhip o�_1���7�(/%(PLC/ Proud Heritage, Gxciriug Purure COVID-19 General Information Update • On December 30, 2021, the Province provided updated direction regarding testing and self -isolation requirements and the eligibility criteria • Resulting in updates to Township's Vaccination Policy (POL-HR-2.12) and COVID-07 Safe Work Practice - Self Assessment, Self— Isolation, Quarantine, and Return to Work Procedure, and COVID-19 Safety Plan Stage 3 • Vaccination Policy included on Council Agenda for endorsement to remove PCR testing requirements based on updated Provincial eligibility criteria • On January 3, 2022, Provincial announced additional Public health Measures effective January 5, 2022 for a minimum of 21 days and a return to a modified Step 2 of the Roadmap to Reopen Towruhip o�_1���7�(/%(PLC/ Proud Heritage, Gxciriug Purure Township COVID-19 Recovery Plan Update • As a result of the Province's return to the Modified Step 2 of the Roadmap, Township facilities are currently closed to the public and the Township returned to Phase 2 of the Township's Recovery Plan • Staff continue to provide service delivery by phone and email during regular office hours (8:30 a.m.-4:30 p.m.) and use of online services is encouraged v • Community Arena currently closed by Provincial regulations and communications was provided to all user groups V O N (31 Towruhip o�_1���7�(/%(PLC/ Proud Heritage, Gxciriug Purure v Vaccination Policy Q r (D (Q • A Vaccination Policy applicable to all Township staff and Members of Council o was adopted by Oro-Medonte Council on October 27, 2021 and is now in effect D O • Based on the updated Provincial eligibility requirements for testing limited to 0 high risk settings, Township policy required to be amended regarding PCR testing requirements and being endorsed by Council today o 0 v 00 Cn O (D N Ul ( v (DD U) (D W Towruhip o _ 1���7�(/7GLC/ N (D Baud H,, U,age, E-icing Purure Public Health Order and Letters of InstructionD Q • Dr. Gardner, Medical Officer of Health for the Simcoe Muskoka District Health Unit, issued a Public Health Order effective November 24, 2021 related to self -isolation Z7 requirements, and Letters of Instruction to businesses/organizations that remain inCD effect • In accordance with the Letters of Instruction, combined with rising COVID-19 positive 0 Fj cases in Simcoe Muskoka, whenever possible, residents and business owners are encouraged to utilize online electronic means for Township related business ➢Staff continue to be available for delivery of customer service by phone or e-mail o 0 • On December 3, 2021 Dr. Gardner, issued a Special Statement to residents, businesses, and organizations with an appeal for continued diligence in following all Cn public health measures in order to reduce the current upward trend on COVID-19 ➢Ensure the COVID-19 Safety Plan is up to date ➢ Enabling remote work for employees, whenever possible Q Towruhip of �/q� N ��� (D Baud Herirage, E-icing Purure v TownshipCOVID-19 Recovery Plan rY . r m cQ • Oro-Medonte remains under a Declared Emergency o ➢ In consultation with Mayor Hughes, considering the rising COVID-19 case counts and they recent additional Provincial public health measures/regulations, the Township will review the timing to lift the emergency declaration in 2022 0 ➢ Delegated Authority by-law remains in effect, with the required amendment being o considered at today's meeting 0 • Staff continue to receive regular briefing updates from Dr. Gardner, Medical Officer of Health for o the Simcoe Muskoka District Health Unit, and Dr. Steven Rebellato Vice -President, 0 Environmental Health Department for the Simcoe Muskoka District Health Unit 0 • The Township's COVID-19 Safety Plan, and COVID-19 Recovery Plan, will continue to be adjusted as necessary, based on direction from the Province and the Simcoe Muskoka District Health Unit f� Tu,ttsner�,P.G� � m M-0 Herit g,, Exciting Fume Township COVID-19 Recovery Plan Update • With the return to Stage 2 of the Recovery Plan ➢ Further updates were required to the COVID-19 Safety Plan Stage 2 and specific COVID-19 Safe Work Practices that have been posted and communicated with staff v • Emergency Control Group will review the Recovery Plan status prior to end of January based on updated Provincial direction received for January 26, 2022 N V Township o�_�1���7X/7(�[ C/ Prnud Herir Rr, ExcirinR Cunae 11.a) Andria Leigh, Deputy CAO/Director, Development Services re: Update... Tt h of Policy Proud Heritage, Exciting Future Department/Section Human Resources Policy # POL-HR-2.12 Subject Enacted by Council: COVID-19 Vaccination Policy October 27, 2021 Amended January 12, 2022 Motion # C211027-13 C220112- 1. Purpose: COVID-19 and COVID-19 variants present a significant health risk, particularly in unvaccinated people. This policy recognizes that vaccination against COVID-19 is the most effective measure to reduce the risk of severe illness and protect individuals, including Council, staff and members of the public. This has a significant impact on human health and business continuity. The Township of Oro-Medonte ("Township") is firmly committed to providing a safe working environment for our employees, members of Council, and members of the public, who interact regularly. In addition, under clause 25(2)(h) of the Occupational Health and Safety Act (OHSA), the Township has an obligation to take every precaution reasonable in the circumstances for the protection of a worker. The Medical Officer of Health of the Simcoe Muskoka District Health Unit, recommends that all workplaces develop and implement a vaccination policy. The Township is also committed to providing excellent service to our community and to build trust and confidence in local government. 2. Scope: This policy applies to all Township of Oro-Medonte members of Council, employees, students, and volunteer firefighters, in all work locations, including those with remote work agreements. For the purposes of this policy only, the reference to "employees" will include all individuals outlined in the statement above. The scope of this policy may be amended from time to time at the sole discretion of the Township. Page 1 of 6 Page 102 of 257 11.a) Andria Leigh, Deputy CAO/Director, Development Services re: Update... 3. Definitions COVID-19: Refers to a virus belonging to a large family called coronavirus, which includes the virus that causes the common cold and more severe respiratory diseases. The virus that causes COVID-19 is a novel coronavirus, named SARS-CoV-2. Fully Vaccinated: Having received the full series (and any boosters if and when they become required/and or approved) of a COVID-19 vaccine or combination of COVID-19 vaccines approved by Health Canada; and having received the final dose of the COVID-19 vaccine a minimum of 14 days ago. Partially Vaccinated: A person is considered partially vaccinated when a 2 dose vaccine series is not complete, i.e., has received only 1 dose of a 2-dose series OR if less than 14 days have elapsed since completion of the vaccine series. PCR Test: The polymerise chain reaction (PCR) test for COVID-19 is a molecular test that analyses an upper respiratory specimen, looking for genetic material (ribonucleic acid or RNA) of SARS-CoV-2, the virus that causes COVID-19. Proof of Medical Exemption: Written proof of a medical reason, provided by a physician or nurse practitioner completed on the attached form, in the extended class that sets out: • a documented medical reason for not being fully vaccinated against COVID-19, and • the effective time -period for the medical reason. Proof of Vaccination: Documentation issued by the Ontario Ministry of Health (OMH), other province or territory or international equivalent indicating individual immunization status against the COVID-19 virus. In Ontario, this would be an "employee's" COVID- 19 vaccine receipt or a printed copy of the Ministry of Health's QR code. For "employees" who have been vaccinated outside of Ontario, acceptable proof is based on the criteria provided by the province/state, territory and/or country in which they received their vaccine but only OMH approved vaccines will be accepted. Proof shall include name, date of birth, date of vaccination, vaccine name and lot number. Rapid Antigen Test: Antigen -based tests detect specific proteins on the surface of the virus. They're often called rapid tests, as they typically provide results in less than an hour. In general, rapid antigen tests are used by a health care professional or trained operator at point -of -care, but lab -based rapid antigen tests exist as well. Vaccine: A substance used to stimulate the production of antibodies and provide immunity against specific diseases. Includes all required doses for a fully defined vaccination and include subsequent booster vaccination dose(s) as required by Public Health. Page 2 of 6 Page 103 of 257 11.a) Andria Leigh, Deputy CAO/Director, Development Services re: Update... 4. Policy: This policy (the "Policy") is aligned with public health guidance and supports the direction that vaccines provide a high level of protection against COVID-19 and related variants. The purpose of this policy is to outline the Township's expectations and requirements with regard to "employees" being fully vaccinated against COVID-19 or regularly tested for COVID-19. This policy recognizes that those who are unvaccinated or not fully vaccinated pose a significantly increased risk of becoming seriously ill from COVID-19 and also of spreading the virus to others, presenting a significant impact on health and safety and business continuity. In alignment with Provincial directives, this policy aims to achieve full vaccination amongst Township "employees", while being cognizant and respectful of an individual's right to choose. All newly hired "employees" with the Township of Oro-Medonte are required to be fully vaccinated against COVID-19 as a condition of employment. Employee Immunization All Township "employees" who are able, are strongly encouraged to become fully vaccinated, including boosters if and when they become available against COVID-19, as a measure to protect their health and the health of their co-workers and members of the public. All "employees" are required to disclose their vaccination status to Human Resources in accordance with this policy. Current vaccination status shall be disclosed by end of day on November 12, 2021. "Employees" who are Fully or Partially Vaccinated must provide proof of their Vaccination to the Human Resources Department by this time. The only acceptable proof of vaccination is the receipt provided by the Ministry of Health/Public Health or equivalent out -of -province health body. Copies of the vaccination receipts may be obtained by logging in to Ontario's portal to download or print the receipt at https://covid l 9.ontariohealth.ca/. The vaccination records will be placed in the respective "employee" file in a sealed envelope and will be tracked within the Township's HRIS system. The Township will take every reasonable precaution to safeguard the personal information collected through the COVID-19 Vaccination Policy and shall only use or disclose the information to the extent necessary for the implementation of this policy, or as required by law. "Employees" who do not disclose vaccination status will be treated as unvaccinated and subject to the same provisions as an unvaccinated "employee". Accommodation The Township recognizes it obligations under the Human Rights Code. Medical and other Code based exemption requests will be reviewed on a case -by -case basis and are subject to the Township's accommodation process. Page 3 of 6 Page 104 of 257 11.a) Andria Leigh, Deputy CAO/Director, Development Services re: Update... The Township will comply with its human rights obligations and accommodate "employees" who are unable to receive a COVID-19 vaccination on the basis of a Code -protected need. Requests for medical accommodation shall be made by providing the Human Resources Department with a COVID-19 Vaccine Exemption Form for Employees. This form is to be completed by a Physician or Nurse Practitioner. The Township, at its sole discretion, may refer medical accommodation requests to a third -party adjudicator. "Employees" seeking accommodation due to religious or creed based beliefs are required to complete the Request for COVID-19 Vaccination Exemption under the Human Rights Code form. Human Resources will work with "employees" who receive an approved exemption to develop an appropriate accommodation plan with alternative health and safety measures. "Employees" with an approved medical/human rights accommodation/exemptions shall be required to: Undergo regular (at least three times per week) rapid antigen screening tests at their local pharmacy. "Employees" may choose the Pharmacy testing location, however, testing documentation must include: name, date of test, Pharmacy name, location and results. Results must be electronic and submitted by email, photos and handwritten results will not be accepted. The Township in its sole discretion will determine acceptability of testing documentation. "Employees" are to supply results within 24 hours of testing every Sunday, Tuesday and Thursday. The frequency of such testing may be increased or decreased, at the Township's sole discretion. Testing is to be completed on their own time and any costs associated for such testing shall be borne by the Township upon submission of receipts satisfactory to the Township. Partially Vaccinated Employees Partially vaccinated "employees" shall be treated as an unvaccinated "employee" and are required to comply with the unvaccinated "employee" portion of this policy until they have met the requirements of "fully vaccinated" as defined above. Mandatory COVID-19 Education "Employees" who do not intend to be Fully Vaccinated or who do not disclose their vaccination status must complete an Educational Program, approved by the Township on their own time, by the date assigned. This will ensure they are adequately informed about the COVID-19 vaccines and the risks associated with not being immunized. Unvaccinated Employees "Employees" not Fully Vaccinated by November 12, 2021, or who have not provided Proof of Vaccination, must submit Proof of Vaccination for a first dose by November 12, 2021. Proof of Vaccination for a second dose must be submitted by December 17, 2021. Page 4 of 6 Page 105 of 257 11.a) Andria Leigh, Deputy CAO/Director, Development Services re: Update... An "employee" that is not fully vaccinated, shall be required to: Undergo regular (at least three times per week) rapid antigen screening tests at their local pharmacy. . "Employees" may choose the Pharmacy testing location, however, testing documentation must include: name, date of test, Pharmacy name, location and results. Results must be electronic and submitted by email, photos and handwritten results will not be accepted. The Township in its sole discretion will determine acceptability of testing documentation. "Employees" are to supply results within 24 hours of testing every Sunday, Tuesday and Thursday. The frequency of such testing may be increased or decreased, at the Township's sole discretion. Testing is to be completed on the "employees" own time and any costs associated for such testing is the responsibility of the "employee". "Employees" who screen positive on a rapid antigen test shall not be allowed to work and must complete the required self -isolation period. Public Health COVID-19 isolation requirements for an unvaccinated "employee" will be unpaid by the Township, with exception of any provincial legislation. Staff who are eligible may use their sick time and if unavailable may use their vacation or banked time. The above restrictions will remain in place until the "employee" provides proof of being fully vaccinated to the Human Resources department. Access to Vaccination Appointments Reasonable arrangements will be made to allow for "employees" to attend COVID-19 vaccination appointments during work time. "Employees" will be paid for up to one hour on a one time basis to attend a vaccination clinic or appointment. "Employees" require approval from their supervisor in advance prior to attending a vaccination appointment during work time. Continued Adherence to Public Health Measures Regardless of vaccination status, all "employees" are required to continue to adhere to all COVID-19 procedures including physical distancing, common touch point sanitization, hand hygiene, applicable screening, testing and personal protective equipment/requirements mandated by Public Health authorities and/or the Township to control the spread of COVID- 19. Non-compliance with the COVID-19 Vaccination Policy All instances of non-compliance of this policy shall result in the "employee" being placed on an unpaid leave of absence and/or be subject to disciplinary action up to and including termination with cause in accordance with all applicable legislation, collective agreements, and Township of Oro-Medonte policies and procedures. "Employees" who falsely represent their status of vaccination or test results to avoid workplace safety measures will be held accountable and subject to disciplinary action up to and including termination with cause. Page 5 of 6 Page 106 of 257 11.a) Andria Leigh, Deputy CAO/Director, Development Services re: Update... FORMS: POL-HR-2.12-Form 1 — COVID-19 Vaccination Attestation POL-HR-2.12-Form 2 — COVID-19 Vaccination Medical Exemption Request Form POL-HR-2.12-Form 3 — COVID-19 Vaccination Religion/Creed Exemption Request Form It shall be the responsibility of all employees of the Township of Oro-Medonte to ensure that they are aware of this policy by completing POL-HR-1.01-Form 1. Page 6 of 6 Page 107 of 257 11.b) Andria Leigh, Deputy CAO/Director, Development Services re. Corres... Verbal Matters -7� (Section 13.3 of Township's 0�'°f Procedural By -Law No. 2017-165) Proud Heritage, Exciting Future Name: Andria Leigh, Deputy CAO/Director, Development Services Item Number/Name: 11 b) Correspondence Practice Meeting Date: I January 12, 2022 Motion No.: I C220112-17 Type of Meeting: �X Council ❑ Special Council ❑ Development Services Committee ❑ Accessibility Advisory Committee ❑ Heritage Committee ❑ Human Resources Committee Speaking Notes: During last week's DSC meeting there was a request from a member of Council regarding obtaining correspondence signed by staff that was provided to the County of Simcoe in accordance with the direction of Council from their December 8, 2021 meeting. Following the DSC meeting last week, the request to receive correspondence was discussed with Corporate Services staff and the intent of today is to provide further clarity to Council regarding the Township's existing practices that are established to fulfill Council's Governance role as outlined in the Municipal Act. The existing Township practice that is followed by staff once direction is received through Council resolution is as follows: (1) Where a motion identifies that the correspondence is to be sent under the Mayor's signature this is provided to Council members (2) Where the motion identifies that the correspondence is to be sent under the signature of a Township staff member this correspondence is not provided to Council members, unless the motion specifically identifies this requirements Page 108 of 257 11.b) Andria Leigh, Deputy CAO/Director, Development Services re: Corres... Verbal Matters -7� (Section 13.3 of Township's 0�'°f Procedural By -Law No. 2017-165) Proud Heritage, Exciting Future Section 224 of the Municipal Act is specific on the role of Council and this is further articulated through the orientation process conducted with a new Council at the start of each new term. This process is established to ensure Council fulfills its Governance role while staff continue to fulfill the operations/administrative role in implementing Council's decisions in accordance with the practices and procedures that are established. As outlined during Council orientation, Council provides a Governance role for the municipality while it is the function of Administration staff to provide oversight on the operations conducted by the Corporation. Council in their Governance role has established policies, procedures and practices and a clear practice has been established as outlined above that is followed by Township staff when direction through a motion is received from Council. The practice outlined above has continued to be followed by Township staff to ensure the operational role is fulfilled and the decisions of Council are implemented. Page 109 of 257 FG12.b) Councillor Scott re: East Gwillimbury November 30, 2021 The Honourable Dominic LeBlanc Minister of Intergovernmental Affairs, Infrastructure and Communities 180 Kent Street Suite 1100 Ottawa, Ontario K1P OB6 Sent via email to Dominic.Leblanc@parl.ec.ca The Honourable David Piccini Minister of Environment, Conservation and Parks College Park 5th Floor, 777 Bay St. Toronto, ON M7A 2J3 Sent via email to david.piccini@pc.ola.org Dear Ministers: For your information and records, at its regular meeting held on November 16, 2021 the Council of the Town of East Gwillimbury enacted as follows: WHEREAS the Holland Marsh Polder Phosphorus Recycling Facility is a proposed $40- million capital project by York Region; and WHEREAS the Facility will reduce phosphorous runoff into the Holland River and Lake Simcoe by up to 4O% and thereby protect the Lake's watershed from algae growth, resulting in better protection for the region's aquatic habitats, increased ecosystem biodiversity and protection of drinking water sources; and WHEREAS the federal government has announced funding of up to $16 million for the Facility and York Region has identified funding of up to $25 million as part of their broader Upper York Sewage Solutions Project; and WHEREAS further to the June announcement and introduction of the York Region Wastewater Act by the Ontario Minister of the Environment, Conservation and Parks, which, if passed, would put on hold the Environmental Assessment application for the Upper York Sewage Solutions Project. Town of East Gwillimbury 19000 Leslie Street, Sharon, Ontario LOG 1V0 1 905-478-4282 1 Fax: 905-478-2808 www.eastgwillimbury.ca Page 110 of 257 FG12.b) Councillor Scott re: East Gwillimbury BE IT THEREFORE RESOLVED THAT the Town of East Gwillimbury respectfully request York Region, the Government of Canada and the Province of Ontario to work collaboratively to move the Holland Marsh Polder Phosphorous Recycling Facility forward notwithstanding the "paused" status of the broader Upper York Sewage Solutions Project, including undertaking an Environmental Assessment for the Phosphorous Reduction Facility commencing in 2021; and THAT Council direct staff to forward a copy of this resolution to the federal Minister of Infrastructure and Communities; the provincial Minister of the Environment, Conservation and Parks; Lake Simcoe Region Conservation Authority including all MPPs, MPs and municipalities within the Lake Simcoe Watershed. If you have any further questions, feel free to contact the undersigned. Yours truly, Tara Lajevardi, Hon.B.A. Municipal Clerk cc: Lake Simcoe Region Conservation Authority - admin@Isrca.on.ca Caroline Mulroney, MPP, York-Simcoe caroline.mulroneyco@pc.ola.org Doug Downey, MPP, Barrie-Springwater-Oro-Medonte doug.downey@pc.ola.org Andrea Khanjin, MPP, Barrie Innisfil andrea.khaniin@pc.ola.org Jill Dunlop, MPP, Simcoe North iill.dunlop@pc.ola.org Laurie Scott, MPP, Haliburton-Kawartha Lakes -Brock laurie.scott@pc.ola.org Doug Shipley, MP, Barrie-Springwater-Oro-Medonte Doug.Shipley@parl.gc.ca John Brassard, MP, Barrie Innsifil, iohn.brassard@parl.gc.ca Scot Davidson, MP, York-Simcoe Scot. Davidson@parl.gc.ca Adam Chambers, MP, Simcoe North adam.chambers@parl.gc.ca Jamie Schmale, MP, Haliburton-Kawartha Lakes -Brock iamie.schmale@parl.gc.ca Chippewas of Georgina Island - sylvia.mccue@georginaisland.com Chippewas of Rama First Nation - evelynb@ramafirstnation.ca Town of Aurora - clerks@aurora.ca City of Barrie - wendy.cooke@barrie.ca Town of East Gwillimbury 19000 Leslie Street, Sharon, Ontario LOG 1V0 1 905-478-4282 1 Fax: 905-478-2808 www.eastgwillimbury.ca Page 111 of 257 FG12.b) Councillor Scott re: East Gwillimbury Town of Bradford West Gwillimbury - info@townofbwg.com Township of Brock - Fernando.lamanna@brock.ca Regional Municipality of Durham - clerks@durham.ca Town of Georgina - info@georgina.ca Town of Innisfil - clerksoffice@innisfil.ca City of Kawartha Lakes - clerks@kawarthalakes.ca Township of King - clerks@king.ca Town of New Tecumseth - clerk@newtecumseth.ca Town of Newmarket - clerks@newmarket.ca City of Orillia - clerks@orillia.ca Township of Oro-Medonte -yaubichon@oro-medonte.ca Township of Ramara - ramara@ramara.ca Township of Scugog - clerks@scugog.ca County of Simcoe - clerks@simcoe.ca Town of Whitch urch-StouffviIle - clerks@townofws.ca Township of Uxbridge - info@uxbridge.ca Municipality of York - regional.clerk@vork.ca Town of East Gwillimbury 19000 Leslie Street, Sharon, Ontario LOG 1V0 1 905-478-4282 1 Fax: 905-478-2808 www.eastgwillimbury.ca Page 112 of 257 14.a) Announcements of Interest to the Public: Severn Sound Environments... 2022 Tree Seedling Distribution Program Tree order deadline: Friday, January 14th, 2022 Severn Sound Environmental Association, several North Simcoe municipalities, and the Township of Georgian Bay are working together to implement the 2022 Tree Seedling Distribution Program. The purpose of the Tree Seedling Distribution Program is to encourage private landowners in the Severn Sound area to plant native trees and shrubs, improving environmental health. Click on one of the links below for details on the Tree Seedling Distribution Program: 2022 Price List Frequently Asked Questions Species Selection Guide (Note: Some species listed in the selection guide are not available this year. Check the price list for species offered this year.) • Site Preparation Information Tree Planting Tips Page 113 of 257 14.b) Minutes of Lake Simcoe Region Conservation Authority meeting held ... Lake Simcoe Region Conservation Authority Board of Directors' Meeting Board of Directors' Meeting No. BOD-11-21 Friday, November 26, 2021 Held virtually via Zoom Meeting Minutes Board Members Present Regional Chairman W. Emmerson (Chair), Councillor P. Ferragine (Vice Chair), Mayor D. Barton, Mayor B. Drew, Councillor A. Eek, Councillor W. Gaertner, Councillor R. Greenlaw, Mayor V. Hackson, Councillor S. Harrison -McIntyre, Councillor C. Pettingill, Mayor M. Quirk, Councillor C. Riepma, Regional Councillor T. Vegh, Councillor A. Waters Board Members Absent Councillor K. Aylwin, Councillor K. Ferdinands, Deputy Mayor J. Gough, Councillor E. Yeo Staff Present R. Baldwin, T. Barnett, A. Brown, K. Cheney, K, Christensen, M. Critch, J. Doyley, E. Green, N. Hamley, S. Jagminas, B. Kemp, B. Longstaff, G. MacMillan, S. McKinnon, K. Nesbitt, N. O'Dell, M. Rosato, L. Staples, K. Yemm, K. Zeppieri Guests Present D. Nadorozny I. Land Acknowledgement II. Declarations of Pecuniary Interest or Conflict of Interest None noted for the meeting. III, Approval of Agenda Moved by: S. Harrison -McIntyre Seconded by: B. Drew BOD-161-21 Resolved That the content of the Agenda for the November 26, 2021 meeting of the Board of Directors be approved as presented. Carried Page 114 of 257 14.b) Minutes of Lake Simcoe Reg0oarPSIrMecYP01`99 e g�0. lgt!flg held ... Friday, November 26, 2021 Meeting Minutes Page 2 IV.Adoption of Minutes a) Board of Directors' Meeting Moved by: C. Riepma Seconded by: V. Hackson BOD-162-21 Resolved That the minutes of the Board of Directors' Meeting, No. BOD- 10-21, held on Friday, October 22, 2021 be approved as circulated. Carried b) Conservation Ontario Council Meeting Moved by: C. Riepma Seconded by: V. Hackson BOD-163-21 Resolved That the minutes of the Conservation Ontario Council Meeting held on Monday, September 27, 2021 be received for information. Carried V. Announcements There were no Announcements for this meeting. VI. Presentations a) Transformation 2022-2024 - Lake Simcoe Region Conservation Authority Strategic Plan Communications Specialist, Melissa Rosato, provided an overview of the Lake Simcoe Region Conservation Authority's new Strategic Plan, entitled Transformation 2022-2024, noting that for the first time the Authority's strategic plan has been developed entirely in-house, led by herself as the project lead, along with Susan Jagminas as the project consultant and Kristen Yemm as the project manager. She noted that developing the plan internally has resulted in several benefits, including the ability to address financial constraints, bringing forward deeper organizational insight into the planning process, and creating many more opportunities for increased staff and Board of Directors' engagement. She went on to note that with the rapidly changing socioeconomic and environmental landscapes at the forefront, the focus developing the plan has centred around outcome -based impacts and results to clearly articulate core priorities through new initiatives and business as usual that will help transform the Authority to improved resiliency and the ability to meet future needs and challenges. She reviewed the steps taken in developing the strategic plan, including: Step 1: Situation Analysis, a summary of strengths, challenges, opportunities and threats. Page 115 of 257 14.b) Minutes of Lake Simcoe RegooarPo��ec��r�9PAe�ng90. lgt!flg held ... Friday, November 26, 2021 Meeting Minutes Page 3 Step 2: A review of the Vision, Mission, Values Statements, resulting in a new Vision statement, a modified Mission Statement, and modified Values statements. Steps 3 & 4: Goals, Strategic Objectives, Success Indicators, resulting in five Strategic Directions and 20 Objectives that are clear, measurable, and well -aligned. Step 5: Validation and Prioritization, with the outcome being a short and prioritized list of initiatives with drafted implementation timelines and forecasted budgets intended to facilitate internal annual work planning. Step 6: Launch and Implementation Planning, beginning in November 2021 with the launch of Transformation: 2022-2024, for external audiences through a new webpage accessed below: www.LSRCATransformation.ca Next steps include additional promotion and engagement to select target audiences, as well as broadly through corporate communications channels, to ensure optimal awareness among stakeholders and partners. Ms. Rosato outlined the major components of the new plan: Vision Statement: Healthy lake, healthy land, healthy life... for generations to come. Mission statement: We collaborate to protect and restore the Lake Simcoe watershed with innovative research, policy and action. Values: Integrity, Accountability, Innovation, Inclusivity, Optimism. Strategic Directions: Five critical themes organize the Authority's work in priority areas: Strategic Direction 1: Champion Watershed Health and Climate Resilience Strategic Direction 2: Drive Evidence -Based Decision -Making Strategic Direction 3: Spark a Passion and Action for Nature Strategic Direction 4: Advance Organizational Effectiveness and Excellence Strategic Direction 5: Nurture People and Talent Objectives: As a result of significant collaboration across the entire organization, Transformation 2022-2024 sets out 20 objectives believed to be critical pathways to achieving a healthy watershed. These carefully worded objectives in consideration of longer - term outcomes are critical targets the Authority is aiming for. Readers are encouraged to view Transformation 2022-2024 at its website: www.LSRCATransformation.ca To view this presentation, please click this link: Transformation 2022-2024 - Strategic Plan Page 116 of 257 14.b) Minutes of Lake Simcoe RegOoarPS1rMecYP01`99 e g�0. lgt!flg held ... Friday, November 26, 2021 Meeting Minutes Page 4 Moved by: P. Ferragine Seconded by: T. Vegh BOD-164-21 Resolved That the presentation by Communications Specialist, Melissa Rosato, regarding Transformation 2022-2024 - Lake Simcoe Region Conservation Authority's Strategic Plan be received for information. Carried Staff Report No. 58-21-BOD regarding Transformation 2022-2024 - Lake Simcoe Region Conservation Authority's Strategic Plan was included in the agenda. Moved by: P. Ferragine Seconded by: T. Vegh BOD-165-21 Resolved That Staff Report No. 58-21-BOD regarding the completion of Transformation 2022-2024 - Lake Simcoe Region Conservation Authority's Strategic Plan be received; and Further that Transformation 2022-2024 - Lake Simcoe Region Conservation Authority's Strategic Plan be approved. Carried VII. Hearings There were no hearings at this meeting. VIII. Deputations There were no deputations at this meeting. IX. Determination of Items Requiring Separate Discussion No items were identified under items requiring separate discussion. X. Adoption of Items not Requiring Separate Discussion Items No. 2 and 3 were identified under items not requiring separate discussion. Moved by: M. Quirk Seconded by: R. Greenlaw BOD-166-21 Resolved That the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board, and staff be authorized to take all necessary action required to give effect to same. Carried Page 117 of 257 14.b) Minutes of Lake Simcoe Reg0oarPS1rMecYP01`99 e g�0. lgt!flg held ... Friday, November 26, 2021 Meeting Minutes Page 5 1. Correspondence There were no Correspondence items for this meeting. 2. Planning and Development Fees and Proposed Fees Schedule BOD-167-21 Resolved That Staff Report No. 59-21-BOD regarding the Lake Simcoe Region Conservation Authority Planning and Development Fees Policy Update be received; and Further that the proposed Planning and Development Fees Policy be approved and effective January 3, 2022. Carried 3. 2022 Budget Update BOD-168-21 Resolved That Staff Report No. 60-21-BOD regarding an update on the Authority's 2022 Budget be received for information. Carried XI. Consideration of Items Requiring Separate Discussion There were no items requiring separate discussion. XII. Closed Session The Board moved to Closed Session to deal with confidential land matters. Moved by: W. Gaertner Seconded by: A. Eek BOD-169-21 Resolved That the Board move to Closed Session to deal with confidential land matters; and Further that the Chief Administrative Officer, members of the Executive Leadership Team, and the Coordinator BOD/CAO remain in the meeting for the discussion. Carried The Board rose from Closed Session and reported findings. Moved by: S. Harrison -McIntyre Seconded by: A. Eek BOD-170-21 Resolved That the Board rise from Closed Session and report findings. Carried a) Confidential Land Matter Moved by: V. Hackson Seconded by: C. Pettingill Page 118 of 257 14.b) Minutes of Lake Simcoe Reg0oarPS1rMecYP01`99 e g�0. lgt!flg held ... Friday, November 26, 2021 Meeting Minutes Page 6 BOD-171-21 Resolved That Confidential Staff Report No. 61-21-BOD regarding a confidential land matter be received; and Further that the recommendations contained within the report be approved. Carried b) Confidential Land Matter Moved by: V. Hackson Seconded by: C. Pettingill BOD-172-21 Resolved That Confidential Staff Report No. 62-21-BOD regarding a confidential land matter be received; and Further that the recommendations contained within the report be approved. Carried XIII, Other Business a) Chair Emmerson noted the next Board of Directors' meeting will be held virtually on Friday, December 17cn XIV. Adjournment Moved by: R. Greenlaw Seconded by: S. Harrison -McIntyre BOD-173-21 Resolved That the meeting be adjourned at 10:50 a.m. Carried Regional Chairman Wayne Emmerson Rob Baldwin Chair Chief Administrative Officer Page 119 of 257 14.c) Nottawasaga Valley Conservation Authority, minutes of Friday, Nove... Nottawasaga Valley Conservation Authority 10-21-BOD MINUTES November 26, 2021 9:00 a.m. - 12:00 p.m. Virtual Meeting Via WebEx Present: Councillor Gail Little, Vice -Chair Councillor Mariane Mcleod, Chair Councillor Margaret Mercer Mayor Floyd Pinto Councillor Dane Nielsen Councillor Andrea Matrosovs Councillor Shirley Boxem Councillor Rob Nicol Mayor Don Allen Councillor Thom Paterson Councillor George Watson Councillor Ralph Manketlow Councillor Walter Benotto Absent: Deputy Mayor Michael Smith Councillor Donna Jebb Councillor Cathy Keane (technical issues) Councillor Raj Sandhu Councillor Gary Harvey Amaranth (Township) Collingwood (Town) Melancthon (Township) Adjala-Tosorontio (Township) Grey Highlands (Municipality) Blue Mountains (Town) Mulmur (Township) Innisfil (Town) Springwater (Township) Clearview (Township) (Arrived at 9:47am) Wasaga Beach (Town) Mono (Town) Shelburne (Town) Essa (Township) New Tecumseth (Town) Oro-Medonte (Township) Bradford West Gwillimbury (Town) Barrie (City) Staff: Doug Hevenor, Chief Administrative Officer; Chris Hibberd, Director Watershed Management Services; Byron Wesson, Director Conservation Services (Arrived at 9:15am); Sheryl Flannagan, Director Corporate Services; Kerry Jenkins, Administrative Assistant/Recorder; Ben Krul, Manager Planning; Rick Grillmayer, Manager Forestry (Departed at 9:33am). Page 120 of 257 14.c) Nottawasaga Valley Conservation Authority, minutes of Friday, Nove... 1. CALL TO ORDER Chair McLeod called the meeting to order at 9:04am 2. LAND ACKNOWLEDGEMENT The Nottawasaga Valley Conservation Authority Board acknowledges that we are situated on the traditional land of the Anishinaabeg. The Anishinaabeg include the Odawa, Salteaux, Anishinaabeg, Mississauga and Algonquin who spoke several languages including Anishinaabemowin and Potawatomi. We are dedicated to honouring Indigenous history and culture and committed to moving forward in the spirit of reconciliation and respect with all First Nation, Metis and Inuit people. 3. DECLARATION OF PECUNIARY AND CONFLICT OF INTEREST There were no Pecuniary and conflict of interest. 4. MOTION TO ADOPT AGENDA RES: 63-21 Moved by: Mayor Don Allen Seconded by: Cllr. George Watson RESOLVED THAT: the agenda for the Board of Directors Meeting #10-21- BOD dated November 26, 2021 be approved. Carried; 5. ANNOUNCEMENTS Chair Mcleod introduced newly hired Ben Krul, Manager Planning to the Board Members. Director, Corporate Services, Sheryl Flannagan made an announcement regarding new software that the Nottawasaga Valley Conservation Authority (NVCA) will be switching to in the new year. 6. PRESENTATIONS RES: 64-21 Moved by: Cllr. Andrea Matrosovs Seconded by: Cllr. Rob Nicol RESOLVED THAT: the Board of Directors receive the presentation on the Living Snow Fence Program. Carried; Page 121 of 257 14.c) Nottawasaga Valley Conservation Authority, minutes of Friday, Nove... 7. HEARINGS There were no hearings for this meeting. S. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Board Members were requested to identify items from the Consent List that they wish to have considered for separate discussion. 9. ADOPTION OF CONSENT LIST AND IDENTIFICATION OF ITEMS REQUIRING SEPARATE DISCUSSION RES: 65-21 Moved by: Cllr. Walter Benotto Seconded by: Mayor Floyd Pinto RESOLVED THAT: agenda item number(s), b(ii), c(ii), c(iii) and c(iv) was identified as requiring separate discussion, be referred for discussion under Agenda Item #9; and FURTHER THAT: all Consent List Agenda Items not referred for separate discussion be adopted as submitted to the board and staff be authorized to take all necessary action required to give effect to same; and FURTHER THAT: any items in the consent list not referred for separate discussion, and for which conflict has been declared, are deemed not to have been voted on or discussed by the individual making the declaration. Carried; 10. CONSENT LIST a. Adoption of Minutes i. Approved by Consent. RESOLVED THAT: the minutes of the Board of Directors Meeting #09-21- BOD dated October 22, 2021 be approved. Carried; b. Correspondence i. Correspondence dated October 11, 2021 from Mulmur Township, provided by Roseann Knechtel, BA, MMC, Deputy Clerk / Planning Coordinator regarding NVCA's 2022 draft Budget. ii. Correspondence dated on November 14, 2021 from Cllr. Cathy Keane regarding mailing of paystubs. Page 122 of 257 14.c) Nottawasaga Valley Conservation Authority, minutes of Friday, Nove... C. Staff Reports i. Staff Report No. 44-10-21-BOD from Doug Hevenor, CAO 2022-2026 Lake Huron Lakewide Action and Management Plan (LAMP Approved by Consent. RESOLVED THAT: Staff Report No. 44-10-21-BOD regarding upcoming 2022-2026 Lake Huron Lakewide Action and Management Plan be accepted for information by the Board of Directors Carried; ii. Staff Report No. 45-10-21-BOD from Sheryl Flannagan Director, Corporate Services regarding 2021 Year End Surplus/Deficit Allocation. RES: 66-21 Moved by: Cllr. Margaret Mercer Seconded by: Cllr. Andrea Matrosovs RESOLVED THAT: the Staff Report No. 45-10-21-BOD regarding surplus/deficit allocations be approved; and FURTHER THAT: The NVCA Auditor be directed to place any 2021 surplus/ deficit funds in/out of the following reserves as specified: • Planning Reserve - all planning programs surplus/deficits • New Lowell Reserve - all New Lowell CA program surplus • Operational Reserve - 25% of any surplus not allocated to another reserve or any potential deficits, including those from Planning not covered by that reserve. • Capital Reserve -50% of any surplus not allocated to another reserve • Human Resources Reserve - 25% of other surplus not allocated to another reserve • Canada Emergency Wage Subsidy: • Amount received from department 120 to the Healthy Waters reserve • Amount received from department 630 to the Environmental Education reserve • Amount received from department 110 to a newly created Forestry reserve • Amount received from department 420, minus Source Water Protection team members to a newly created Watershed Science reserve • 50% of remaining funds to the Human Resources reserve • 50% of the remaining funds to the Operational reserve Carried; iii. Staff Report No. 46-10-21-BOD from Doug Hevenor, Chief Administrative Officer regarding Transition Plan for Submission to Ministry of Environment Conservation and Parks (MECP). Page 123 of 257 14.c) Nottawasaga Valley Conservation Authority, minutes of Friday, Nove... RES: 67-21 Moved by: Cllr. Shirley Boxem Seconded by: Cllr. Rob Nicol RESOLVED THAT: Staff Report No. 46-10-21-BOD regarding the Transition Plan for the MECP in accordance with Section 21.1.4 of the Conservation Authorities Act be approved for submission by the Board of Directors. Carried; iv Staff Report No. 47-10-21-BOD from Chris Hibberd, Director, Watershed Management Services regarding Updates to the Hearing Guidelines Appendix B of Procedures for Implementation of Ontario Regulation 172/06. RES: 68-21 Moved by: Cllr. Dane Nielsen Seconded by: Cllr. Thom Paterson RESOLVED THAT: the Board of Directors receive Staff Report No. 47-10-21- BOD that outlines the housekeeping updates to the NVCA Hearing Guidelines, Appendix B of Procedures for the Implementation of Ontario Regulation 172/06. FURTHER THAT: the updated Hearing Guidelines be approved as attached. Carried; V. Staff Report No. 48-10-21-BOD from Maria Leung, Communications Coordinator regarding Communications Report - October 8, 2021, 2021 - November 12, 2021. Approved by Consent. RESOLVED THAT: Staff Report No. 48-10-21-BOD regarding NVCA Communications - October 8, 2021, 2021 - November 12, 2021, be received. Carried; 11. OTHER BUSINESS There was no other business. 12. IN -CAMERA It was determined that going In -Camera was not required as no discussion was requested on the enclosed staff report 13. OUT OF IN -CAMERA a. RES: 69-21 Moved by: Cllr. Cllr. Thom Paterson Seconded by: Cllr. Margaret Mercer Page 124 of 257 14.c) Nottawasaga Valley Conservation Authority, minutes of Friday, Nove... RESOLVED THAT: Staff Report No. 49-10-21-BOD be received regarding the NVCA Legal Status Update. Carried; 14. ADJOURN RES: 70-21 Moved by: Cllr. Dane Nielsen Seconded by: Mayor Floyd Pinto RESOLVED THAT: this meeting adjourn at 10:31am, to meet again on December 10, 2021 or at the call of the Chair. Carried; Page 125 of 257 14.c) Nottawasaga Valley Conservation Authority, minutes of Friday, Nove... �y+p,SAG.4 0 ti np �r RL'�r10N A" NVCA December 2021 Board Meeting Highlights Next Meeting: NVCA Annual General Meeting held virtually on January 28, 2022. For the full meeting agenda including documents and reports, visit NVCA's website. NVCA 2022 Budget Approved The Board of Directors unanimously approved NVCA's 2022 budget at $5,095,130.30 compared to the 2021 approved budget of $4,949,422. This includes a $89,768.15 increase to the municipal levy (shared among all 18 member municipalities), with the remainder coming from grants, fees for services, and other sources. Funds from municipal levy represent 50% of NVCA's revenues. Over 97% permits and clearances approved within prescribed timelines Between June 9, 2021 to November 23, 2021, 382 permits and clearances were approved. In the majority of instances (97.8%) NVCA staff met the prescribed timelines as outlined in the MNRF guideline document. NVCA's permit application service timelines are governed by the Conservation Authority Liaison Committee (CALC), which requires NVCA to complete a policy review within 21 days, and complete a technical review within 30 days for minor applications and 90 days for major applications. Applicants are encouraged to pre -consult with NVCA staff prior to submission of an application to determine complete permit application requirements for projects. Housekeeping Changes to Fees for Planning and Permit Applications In 2016, the NVCA Board of Directors approved the current Policy to Charge Fees for Services Related to Planning and Permit Applications and associated review fees. In October 2021, staff performed housekeeping updates to the 2016 fees by seeking input from key stakeholders, including watershed municipalities the development sector (BILD). Going forward, NVCA staff will review the fees annually and may as minimum recommend cost of living adjustments at future Board of Director's meetings. Increase to NVCA's event booking fees As per NVCA board direction, staff deliver recreational opportunities and event bookings to watershed residents and visitors through a fee -for -service basis. The revenues that are generated through these programs are used to reduce the overall levy funds required by member municipalities to support conservation lands and infrastructure and are applied to general ownership costs, such as maintenance, health/safety, and infrastructure development. The NVCA Board of Directors approved a fee increase to event booking fees. Afternoon booking Current New $550 $1,000 Celebration of Life (standard) Current New $1,125 2,250 Celebration of Life (speciality) Current New $1,125 $6,000 Evening party 8195 8th Line, Utopia, ON, LOM 1TO • 705-424-1479 admin@nvca.on.ca www.nvca.on.ca Page 126 of 257 14.c) Nottawasaga Valley Conservation Authority, minutes of Friday, Nove... Current New $2,250 $2,250 Wedding Current New $4,620 $6,000 8195 8th Line, Utopia, ON, LOM 1TO • 705-424-1479 admin@nvca.on.ca www.nvca.on.ca Page 127 of 257 14.d) CorrespInnce received re: Updates on Bradford Bypass. Town of Sc... TOWNSHIP OF scugog December 2, 2021 Margaret Prophet, Executive Director Simcoe County Greenbelt Coalition Sent via email: margaretCa)simcoecountygreenbelt.ca Re: Correspondence from Simcoe County Greenbelt Coalition regarding Updates on Bradford Bypass Dear Ms. Prophet: At the last regular meeting of the Council of the Township of Scugog held November 29, 2021, your correspondence dated November 16, 2021, regarding the above captioned matter was received for information. "THAT the correspondence from Simcoe County Greenbelt Coalition, regarding Updates on Bradford Bypass, be received; THAT the Township of Scugog Council ask the Impact Assessment Agency of Canada to complete a Federal Impact Assessment for the Bradford Bypass project, and THAT this resolution be forwarded to All Lake Simcoe Watershed Municipalities." A copy of the original correspondence is attached for your reference. Should you have any concerns, please do not hesitate to contact Carol Coleman, Director of Public Works and Infrastructure at 905-985-7346 ext. 149 Yours truly, Becky Jamieson Director of Corporate Services/Municipal Clerk cc: Carol Coleman, Director of Public Works and Infrastructure Claire Malcolmson, Executive Director, Rescue Lake Simcoe Coalition rescuelakesimcoecoalition(@gmail.com Township of Scugog, 181 Perry St., PO Box 780, Port Perry, ON L9L 1A7 Telephone: 905-985-7346 Fax: 905-985-9914 www.scugog.ca Page 128 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Town of Aurora clerks( aurora.ca City of Barrie cityinfo( barrie.ca Town of Bradford West Gwillimbury - info(@townofbwg.com Town of East Gwillimbury town(@eastgwillimbury.ca Township of Brock - Fernando. lamanna(a)brock.ca Regional Municipality of Durham - clerks(@durham.ca Town of Georgina - info(ageorgina.ca Town of Innisfil - clerksoffice(@innisfil.ca City of Kawartha Lakes - clerks(@ kawarthalakes.ca Township of King - clerks(@king.ca Town of New Tecumseth - clerk(a)newtecumseth.ca Town of Newmarket - clerks(@newmarket.ca City of Orillia - clerks(@orillia.ca Township of Oro-Medonte - yaubichon(@oro-medonte.ca Township of Ramara - ramara(@ramara.ca County of Simcoe - clerks(@simcoe.ca Town of Whitchurch-Stouffville - clerks(@townofws.ca Township of Uxbridge - infona uxbridge.ca Municipality of York - region al.clerk(c-)york.ca Page 129 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... ,ORE AND RFy J� 9�< w Rescue Lake Simcoe m Coalition c/NE THE Simcoe County Greenbelt Coalition November 16, 2021 Scugog Council Via Clerks mail@scugog.ca Dear Mayor Drew and Scugog Council, RE: Updates on Bradford Bypass As a broad coalition of residents and environmentalists that have strong concerns about the Bradford Bypass and its impacts on our communities, regionally and provincially, we wanted to update you on more issues that have surfaced about the Bypass. The province continues to obfuscate information that is key to ensuring informed consent from surrounding municipalities and today's residents. The municipal Councils of Brock, Barrie, Georgina, and to some degree Innisfil, asked for greater scrutiny and protection of Lake Simcoe through the Environmental Assessment process for the proposed Bradford Bypass.' On October 7th, the province of Ontario did what the Rescue Lake Simcoe Coalition, Simcoe County Greenbelt Coalition and our community partners warned of - they exempted the Bradford Bypass from the Environmental Assessment process.2 There will be even less transparency than before and less protection of the environment. Highlights of our concerns of the exemption to the Environmental Assessment process: • Building an interchange before it's determined if the route is technically feasible. "Early works" permissions allow the proponent to build an interchange on Yonge St. just north of Bradford, before the technical engineering is complete for the 16 km highway over the marsh. Therefore the budget is a total guess. • Mitigation / protecting Lake Simcoe. The decision was made on October 7 to fully approve the early works and the Bradford Bypass before any studies have been released establishing that damage to Lake Simcoe can be mitigated. No agency such ' Council resolutions about the Bradford Bypass proposed highway project: https:Hdocs.aooale.com/document/d/1 OpmN Pe9UhoCe2P6umBZ8sXLe-6Qxx5COxsZOgaU EY Nc/edit?usp=sharing 2 ERO posting exemption https:Hero.ontario.ca/notice/019-1883 Page 130 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... as the Ministry of the Environment, Conservation and Parks will review or approve any reports that may still be done, and none of those reports inform decisions about whether to proceed with the highway. The proponent will evaluate the impacts on the environment, and also choose the criteria for assessment and evaluation of those impacts. (Just like someone writing, taking, and marking their own test.) The Ministry of Environment, Conservation and Parks only makes comments; it is no longer approving anything. • Consultation requirements are limited to First Nations and "interested parties" identified by the project proponent. Since approval of the EA exemption, four things have happened which further change the landscape of building this highway and the attention it will draw: 1. Public opposition to costly, badly planned highways with little utility to drivers, in a climate crisis, has grown significantly. 2. The Provincial government is campaigning on a platform of building highways which has increased scrutiny provincially and locally of this highway. 3. A new request has been submitted to the Impact Assessment Agency, requesting a Federal Impact Assessment from F.R.O.G.S, The Concerned Citizens of King Township, and Stop the Bradford Bypass. 4. COP26 has set global leaders, including Canada, to commit to reducing greenhouse gas emissions, stop deforestation and limit methane emissions. The Bypass directly contributes to loss of forests, increased carbon and methane emissions. Our position remains. We are insistent that alternatives to the highway must be properly studied. Much cheaper investments can be made in regional road upgrades, investment in GO transit and regional transit. Unfortunately, the province is not considering alternatives to the highway, nor did they consider the transit investments as a means to reduce congestion in the 1997 EA. This sets up the entire highway project to be another 407 boondoggle. Understanding that the proposed way forward does not reflect the wishes of Lake Simcoe Councils we are asking your council to consider what level of support you have for this project now. Will you support our allies' renewed ask, that the Federal Minister of the Environment and Climate Change designate this project for a Federal Impact Assessment? Conclusion: We understand that municipal Councils need to balance many competing and contradictory interests. But your aim should always be to make sure that resources are spent intelligently. Thus, we urge you to request a Federal Impact Assessment in order to stop the half-baked, cloaked in secrecy, irresponsible, future boondoggle highway proposal. It does not address F, Page 131 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... municipal traffic and routing concerns, it will be bad for Lake Simcoe, and if you support it, it will hang around your neck as an example of a completely foolish and outdated, massively expensive piece of infrastructure that will not fix the problem. This needs a refresh, and that is what a Federal Impact Assessment will allow. The Federal Impact Assessment agency may approach you for comment. Please contact us to discuss any questions or concerns you may have. Sincerely, Claire Malcolmson Executive Director, Rescue Lake Simcoe Coalition rescuelakesimcoecoalition(a)gmail.com Margaret Prophet Executive Director, Simcoe County Greenbelt Coalition margaret(a)simcoecountygreenbelt. ca CC All Lake Simcoe watershed municipalities Page 132 of 257 3 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Appendix 1 - Additional detailed concerns about the project as proposed today: 1. Contrasting MTO's claims to Councils to today's reality MTO claims to Councils Today's reality That they would do the following: The Class Not following the Class EA process, and not EA documentation is a Transportation doing a TESR. The project is now Environmental Study Report (TESR), which self -approval, so no approval is needed from will be prepared and made available for a the Ministry of the Environment. 30-day public and agency review period at No public consultation is required. the completion of the Study. The TESR will document the following: The transportation needs, problems and This document has not been released opportunities, publicly. Problems of local / commuter traffic will not be remedied if it's a toll road. Partial traffic studies that were released indicate worse congestion on Hwys 400 & 404 with the Bypass compared with a `no Bypass' scenario by 2041.3 Existing environmental conditions; The project has been approved through the exemption without this study being completed or released publicly. There is no Ministry of the Environment approval of this report. The report does not have to cover climate change, health impacts of air quality or impacts to Lake Simcoe. A summary of consultation undertaken Consultation is now restricted to First throughout the Study Nations, and "interested parties" as defined by the proponent. A summary is still required, though the results of consultation can be ignored. The generation, assessment and evaluation The only changes considered are minor of alternatives within the Study Area; alignment changes. This project will go over / through the Holland Marsh provincially significant wetland, and will terminate on the east side at the end of the Carrying Place Trail and Lower Landing, a site of high historic and First Nations cultural 3 Maps contrasting traffic in 2041 with and without the Bradford Bypass shows that this project will not address local traffic issues. https://www.bradfordbypass.ca/2021 /04/09/5-considerations-for-the-bradford-bypass-project/ 4 Page 133 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... significance.4 The preferred alternative(s) / recommended There was only one plan considered: building plan; and, a highway. Regional road improvements, controlling demand, rerouting truck traffic and transit were not considered. The exemption from the Environmental Assessment Act means alternative options will never be considered. A summary of potential environmental issues The project has been approved through the and mitigation measures and environmental exemption without this study being completed commitments to be carried forward through or released publicly. There is no Ministry of future design stages. the Environment approval of this report. The report does not have to cover climate change, health impacts of air quality or impacts to Lake Simcoe. Minister of Transportation and MPP York - It is now up to the proponent whether the 15 Simcoe, Caroline Mulroney: "On top of that, studies will be completed, what public we are undertaking at least 15 new studies consultation if any will occur and whether the for the Bradford Bypass, which will include an impacts are mitigated. No expert agency Agricultural Impact Assessment, Air Quality such as a conservation authority or the Impact Assessment, and many more."5 Ministry of the Environment approves the quality or completeness of the studies or the adequacy of the mitigation. 2. Bradford Bypass is being planned as a toll road. Based on Ministry of Transportation documents released through Freedom of Information requests, key staff documents outline the need to create a "business case" for tolling on the Bradford Bypass. Although rates have not been decided, quotes within the FOI documents demonstrate where roughly the implemented toll will fall. "...include additional toll scenarios that fall between the 407 East and the 407 ETR toll rates because it is likely where the implemented one (toll) will fall into." (emphasis added) Using the baseline tolling rates contained in the FOI documents ($0.29/ km), the average cost for a one way trip from the 400 to the 404 would be $4.64. Those who use the route daily (5 days/week) for commutes would see their annual transportation costs increase by over $2300. https://www. bradfordtoday.ca/local-news/historically-sign ificant-hoIland-river-site-threatened-to-be-destroy ed- by- pro posed- highway-greenbelt-coalition-4228329 https://www. bradfordtoday.ca/local-news/op-ed-bu ilding-bradford-bypass-will-set-community-up-for-succe ss-3877413 5 Page 134 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... And with tolling, MTO's own calculations demonstrate that truck traffic on the Bypass will reduce by roughly 60% (compared to no tolls). What that means is that the new Bypass, as planned, will divert some truck traffic from Bradford's downtown, but most of it will still go through the core to avoid tolls. We have seen how tolls have left the 407 and 407 East underutilized. However, the province is not in the position financially to fund this project as a priority without the tolls to re -capture the minimum of $800 million dollar capital costs. Recently, advocates trying to remove the tolls on the 412/418 in Durham, were met with the financial reality of MTO's projects. Voters were assured in the last provincial election that these would not be toll roads either. "Put simply, removing the tolls wholesale would be unaffordable, while shifting the structure would create uncertainty," said Minister of Transportation Caroline Mulroney in a written statement, noting the government relied on projected toll revenue to fund the construction of the highways. The report outlined several different options for changing the toll structures, including removing them altogether, but labelled all as unfeasible. "All these options would lead to significant cost to the taxpayer," Mulroney explained. "We must move cautiously, especially as Ontario juggles competing priorities arising from the COVID-19 pandemic.,,6 It seems the false dichotomy that the province has created is to either build a highway quickly and toll it (which renders it underutilized and won't significantly reduce truck traffic in Bradford) OR build a highway that is untolled but won't be a provincial spending priority for years to come. Either way, the citizens and municipalities who want their traffic issues addressed will pay the price. Clearly, the decision to build the Bradford Bypass is not based on transparent data and up to date science. The province is willing to court municipal support, but not be completely transparent about the highway and its final form. 3. Toronto Star investigation piece outlined the high influence of developer interests Similar to the 413 investigation, the recent investigative piece about the Bradford Bypass demonstrated how much developers along the route would benefit from the project being built. Although we are not insinuating anything untoward happened, municipalities can appreciate the pressure that these interests put on the process to realize their profits. The involvement of paid lobbyists, large developer profits and political connections makes the public question the clarity and logic of the government's plans. 6 Available at: https://www.thestar.com/local-wh itby/news/2021 /04/26/a-sla p-in-the-face-no-tol I-relief-for-d u rh am-d rivers. html?itm_source=parsely-api 1.9 Page 135 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Projects such as these become a poisoned well, especially considering the weak environmental oversight and EA exemption that rushes the project without full consideration of public interest or concerns. You can read the piece here: https://www.thestar.com/news/investigations/2021 /10/31/bradford-bypass-ford-government-secr ecy.html 4. Municipal concerns unaddressed by the Bradford Bypass plan: If this highway is really meant to support growth in Bradford and East Gwillimbury, the province would listen to those local Council's concerns. They are not. In addition to the Council resolutions referenced above, the other Council concerns we are aware of are documented below: East Gwillimbury: As reported in the Toronto Star on August 4th, 2021,' the Bradford Bypass' proposed "Interchanges are located at Highway 400, County Road 4, Bathurst Street, Leslie Street and Highway 404. Crossings are at 10th Sideroad, Artesian Industrial Parkway, Metrolinx rail corridor, Yonge Street and 2nd Concession Road. The current plan is to cross Yonge Street and 2nd Concession with overpasses and cross Leslie Street with a partial interchange." [East Gwillimbury] "Council had asked the ministry to consider 2nd Concession for an Interchange, as it is a central spine road in the town where a lot of new development is being planned. But an MTO representative said an interchange at 2nd Concession isn't being considered at this time." Councillor Tara Roy-DiClemente responded, "I think it is a little bit silly to plan a highway that isn't even built when the community that it is to run through is telling you need to revisit the interchange locations." We also note that there are also important environmental concerns with the Bathurst Street interchange as the location of the interchange is a large wet woodlot that contains sensitive habitat for at -risk species.$ https://www.thestar.com/local-east-gwillimbury/news/2021 /O8/O4/it-s-silly-east-gwillimbury-counc il-concerned-about-location-of-proposed-bradford-bypass-interchanges. html 8 Detail on species at risk : https://thepointer.com/article/2021-07-02/we-can-t-keep-doing-this-pc-govern ment-speeds-ahead-with-bra dfo rd- bypass -advocates -say- process- lacks- pro pe r-scruti ny VA Page 136 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Bradford West Gwillimbury: Tuesday, April 20, 2021, BWG Council passed a resolution9 which included the following "That Council requests that the scope of the preliminary design be expanded to include an interchange at Sideroad 10, as identified in the Town's Official Plan; That Council advises that the Preferred Option for the southbound ramps of the new freeway interchange with Hwy 400 should provide for access to County Road 88; That Council commits to continuing to work with the Project Team as it completes the preliminary designs, detailed environmental studies and public consultation programs that are critical in the successful delivery of the Hwy 400 — 404 Freeway Link;..." 9 Bradford West Gwilllimbury Council Resolution from Tuesday, April 20, 2021 Minutes 2021-133 Leduc/Contois https:Hbradfordwestgwillimbury.civicweb.net/Portal/Meetinglnformation.aspx?Org=Cal&ld=2134 E: Page 137 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Appendix 2: Press release re Impact Assessment request from F.R.O.G.S, CCKT, and Stop the Bradford Bypass FOR IMMEDIATE RELEASE November 10, 2021 Local Citizen Groups Request Federal Government to Conduct Impact Assessment on Bradford Bypass Project Bradford/East Gwillimbury/King - Three local groups whose communities will be directly impacted by the Bradford Bypass have officially asked the Impact Assessment Agency of Canada to designate the project for further federal study. Although the Federal government refused to designate the highway project earlier this year, the groups insist that many things have changed since the decision that enables the federal Minister to reconsider. Bill Foster from Forbid Roads over Greenspaces (FROGS) contends that considerable evidence has come forward that demonstrates this project isn't in the best interest of the public and that the Federal government must step in on issues that have been revealed. "The last decision stated that the Minister had faith in the provincial process, but since then the provincial government has exempted itself from the Environmental Assessment Act. This means that the province has given itself full approval to build this project without further consideration of endangered species, fish habitat or climate change. The rigorous 15 studies that were promised to many of the municipalities will no longer be done. It's build now, think later. How can anyone have any confidence in that type of process?" Another area of concern with the highway is its proximity to houses and parks and the impact that will have on air quality. Bradford's population has increased 2.5x since the EA was first completed in 1997 which means the route is closer to homes than when originally conceived. According to MTO's own 1997 studies, the levels of benzene, as one example, would exceed Ontario's air quality standards. Benzene is a known carcinogen and those living near the W Page 138 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... highway could have increased risk of disease including childhood leukemia, breathing problems and poor lung development in children. "Many of our members are women and mothers in Bradford," says Tricia Hulshof, a member of the STOP the Bradford Bypass. "Based on the MTO's studies, this highway would directly threaten the health of the children and adults who live along the route. Let's fix our traffic problems, but not in a way that threatens the health of our children. One child being sick because of supposed time savings is one too many in our opinion." The exemption also means that the impacts to Lake Simcoe and climate will not be studied despite many municipalities stating that they wanted to ensure that a fulsome process would be followed to ensure no harm comes to Lake Simcoe or the Holland Marsh Wetland by this project. "Our group fully supports the Lake Simcoe Protection Plan and the principles upon which it stands," says Bruce Craig of Concerned Citizens of King Township (CCKT). Our region's way of life and economy is based on the health of the lake. To see corners being cut, bridges being built before studies are done and no new studies to ensure care of the Lake or climate saddens me. Once we've destroyed it, once we've paved it over, there's no going back. There have never been any studies that look at the impacts to Lake Simcoe, the Greenbelt or climate change. While global leaders are making commitments to better protect green spaces, water and reduce GHG emissions, we're investing in projects that counter those promises." Foster states, "Every time we meet new people who are curious about the Bypass we're reminded of how little information about this highway has been shared with the public. The more people know, the more they don't like it. No one likes gridlock, but this idea that the only way to deal with it is a highway that recent estimates suggest could cost over $213 is ludicrous. This highway isn't a done deal despite what the road signs say. It's time for people to ask some serious questions and get informed before it's too late." -30- Additional Resources: Link to Federal Request Letter: https://frogs.ca/wp-content/uploads/shared-files/Federal-Impact-Request-for-Bradford-Bypass-N ovember-9-2021-FROGS-STPP-CCKT-digitally-signed Signed.odf FROGS is an organization of East Gwillimbury residents, many of whom are directly impacted by the proposed Bradford Bypass Project. FROGS first came into existence in 1993 to oppose the Bradford Bypass during the environmental assessment process. FROGS has had over 300 local residents as members. In 2021 we began to organize again to oppose the exemption of the Bradford Bypass from environmental assessment and the fast -tracking of the project, and to support environmental organizations seeking more substantial assessment. www.frogs.ca 10 Page 139 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... STOP the Bradford Bypass is an organization composed of residents in Bradford and the surrounding area, many of whom would be directly impacted by the project. STOP the Bradford Bypass is an organization founded in 2021 and run primarily by women who are concerned about the health, environmental and social impacts of the highway. CCKT has been an active citizen -based group in King Township for 51 years, advocating to conserve important natural heritage systems and features. Over 50% of King Township is within the Lake Simcoe watershed, and the northern tip of King Township lies within the proposed routing of the Bradford -Bypass. CCKT is concerned about the impacts the highway will have on Lake Simcoe, local watersheds and sensitive ecosystems, plus the impact of GHG emissions on community health and climate. www.cckt.ca For more information please see: Archaeology: https://www. newmarkettoday.ca/local-news/bradford-bypass-endanaers-historically-significant-h olland-river-site-says-coalition-4228332 Tolling: httos://www.thestar. com/local-oshawa/news/2021 /03/30/they-ve-done-diddle-sauat-broken-prom ises-leave-tolls-in-place-on-durham-highways. htm I News / municipal response: https://www.thestar.com/news/investiaations/2021 /10/31/bradford-bypass-ford-aovernment-secr ecy.html https://www. nationalobserver. com/2021 /O6/O3/news/two-ontario-communities-shy-away-supporti na- b radford- bypass https://www.thestar. com/local-aeoraina/news/2021 /08/16/what-s-the-bradford-bypass-and-why-s hould-aeoraina-residents-care.html https://www. bradfordtoday. ca/local-news/environmentalists-protest-bradford-bypass-outside-mul ronevs-office- 1 3-photos-4755275 https://thepointer.com/article/2021-11-13/wil I-doug-ford-s-highway-gift-to-developers-cost-him-a- majority-government 11 Page 140 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... REASONS WHY WE NEED A TOTALLY NEW HOLISTIC STUDY NOT RESTRICTED TO MTO'S MANDATE BACKGROUND • The 1997 EA Study only addressed MTO's mandate — (essentially the safe movement of long distance travel). • MTO acknowledged there were likely other solutions but stressed that these were local government responsibilities. • Local governments and the public, having just endured the subsequently abandoned, substantially EA approved, Hyw 89 Extension EA, thought the Bradford Bypass was simply an upgraded replacement for the Hwy 89 Extension EA. • To this day, local governments, especially Bradford's mayor, profess that the Bradford Bypass is desperately needed to address local traffic congestion. • The Bradford Bypass 1997 EA says that the Bradford Bypass will not resolve local traffic congestion — this is a local responsibility. • The 1997 EA relied upon the municipal Official Plans for travel demand purposes. • The current Regional Municipal Comprehensive Review informs us that projected 2051 growth targets are dramatically larger than those used for the 1997 EA Study. (East Gwillimbury Population 2009: 23,000 — Projected 2051 — 135,000). • The recent Innisfil Orbit MZO will permit expansion of Innisfil's current 40,000 population to as much as 150,000. This will further aggravate out -of -the -way - travel problems south of Cooks Bay. PROBLEM • There are clear limits to the amount of salt Lake Simcoe can absorb. If the Bradford Bypass is built in the current planned corridor, it will cross both branches of the Holland River with four lane roadways carrying high volumes of high speed traffic and in the winter, emitting high concentrations of salt runoff. • Although the 1997 EA indicates the Bradford Bypass is solving the out -of -the - way -travel problem, it is not. The Bradford Bypass is only about 1 km closer to Cooks Bay than the currently used Queensville Sideroad route (out -of -the -way - travel reduced to 11 km). The Bradford Bypass will not address local traffic congestion in Bradford because this is primarily caused by out -of -the -way -travel and trips to Newmarket. Page 141 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Why a fresh holistic Environmental Assessment is essential Page 12 The magnitude of these local problems was not appreciated in the 1997 EA study. At that time, these local problems were treated as insignificant and something local governments should consider addressing at some time in the future. Over the next 5 to 20 years, these local problems will become compelling! • The logical solutions to these local traffic problems are arterial roads over the Holland River at Ravenshoe Rd and Hochreiter Rd. (see attached TAB 1). • Given the impact on Lake Simcoe, by the then pre-existing Bradford Bypass, these logical local solutions will be pre-empted by the Bradford Bypass (which will cross the West Branch of the Holland River immediately north of Hochreiter Rd). SOLUTION Conduct a comprehensive EA study to address both Provincial and Municipal travel problems and solutions. (This is what should have been done for the 1997 EA Study) Locate the Hwy 400 — 404 link south of Newmarket. Had the consultants known then what we know now, according to their selection chart, they would have chosen an outer ring road corridor south of Newmarket. (See attached TAB 2). BENEFITS • Comprehensive planning to accommodate provincial Places to Grow Act, requirements which can be incorporated in future Transportation Master Plans and Official Plans. • Local traffic / transportation problems will be addressed in a properly planned, environmentally sensitive manner. • MTO's stated objective of separating long distance travel from local travel will be achieved. (Local and Long Distance Travel is combined with the Bradford Bypass). • Cost of the Hwy 400 — 404 link will be dramatically reduced. o No need to float the highway over the high and at times surface water table covering approximately 70% of the East Gwillimbury section of the Bradford Bypass route. o Elimination of piles for the elevated portion of the Bradford Bypass. (Water Reclamation Center tests show these will have to be driven 20 — 50 meters deep) • Preservation of the Lower Landing, a pre -historic and historic site of national importance which the Chippeaws of Georgia Island want left totally untouched. (See attached TAB 3). Page 142 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Why a fresh holistic Environmental Assessment is essential Page 13 Enclosures: 1) Local arterial road solutions 2) 1997 EA Study Corridors Studied and Assessment Chart. 3) 1998 Letters from Chippeaws of Georgina Island Page 143 of 257 Go gle Maps iv (Q m 0 IV cn Imagery 02021 Google, Imagery 02021 CNES / Airbus, First Base Solutions, Landsat / Copernicus, Maxar Technologies, Map data 02021 1 km 5 Connect Ravenshoe Road to Hyw 89 via Line 13 and 20th Sideroad 0 Location of proposed bridge TAB 1 Q 0 W v (n (n 0 0 h CD P Go gle Maps M1y,IW¢ 9 Simply Decadent ap Qae f v Can- Cro Installations Inc RIVER ,K�e DRIVE PARK / Z r - r Holland Landing Prairie - ProvinciaY... ( W a Oking food � Bradford West 9rsr HollandLandin Gwillimbury g - Conservation a BRADFORD Area ( n Oriole Park �F 7,5 ? f v (Q cri N cn c, hamd�ozd H O L L A N D , Go-gle LANDING Map data ©2021 Google 500 m L Connect Queensville Sideroad to Bradford's 8th Line via Bathrust St. and Hochreiter Rd. Roads in Yellow are existing routes through Bradford. New route, marked in green with red for new construction, would double the east / west capacity of roads through Bradford 0 h TAB 2 14.d) CorresDondence received re- Updates on Bradford BvDass. Town of Sc... _ W • s • a GEC RGINA 1 - BA Y g i IRAV N O HWY 89/RAVEN SHOE ROAD I AST IBRAFFORD GWI URY 88 r� - ; -� 41 f V BRADFORD CORRIDOR ! 8 3 AVIS D91VE I l I rNE MA ET HIGHWAY 9 / GREEN LANE �- S1. JO N'S Sll ' 1 - -AU RA - - - TC URC,- AUNICIPAt--TY - - w '--S� VIL-L 0 F D J ri jj - . NG ROAD" TERNATIVES immi %l iM���0� WIC =l ff«W_mm� PROVINCIAL HIGHWAY 7 407 FUTURE HWY. 407 ._.._.._per.._..t-.l._.F-A_.F ._.._.. REGIONAL/COUNTY ROAD METROPOLITAN TORC)HTO OTHER ROAD MAP DATE: SEPT. 94, UPDATED JUNE 97 — 400-404 LINK ALTERNATIVES NOT TO SCALE H HIGHWAY 404 EXTENSION (CONCEPT) NOTE: HWY. 89 EAST OF HWY. 400 AND HWY. 88 BECOME SIMCOE COUNTY ROADS ON JAN. 1, 1998. HIGHWAY 400 TO HIGHWAY404 EXTENSION LINK EXHIBIT (BRADFORD BYPASS) ROUTE LOCATION CORRIDORS E-5 AND ENVIRONMENTAL ASSESSMENT STUDY ane FACFORICRITERION 1.1 T"If" Operating Speed 1.2 Traffic Volume 1 3 Traffic Operations 1.4 Safety 1.5 Efficiency 1.6 Network Aspects 1.7 Financial 1.8 Comtm don 1.9 Staging SOUTK OAK RIDGES AUROM/ NAWMARKEf min WGRWAY9- • Habitat MOM BMW FACTOR/CRRERION RAi1NG SOUTN OAK RIDGES AUROM/ HIGHWAY,- RRADFOan nawmnxKEr GREEN LaNE 3. SOCIAL ENVIRONMENT. 3.1 Aesthetics , 3.2 Highway and Construclion Noise • 3.3 Community / Recreation 4. ECONOMIC ENVIRONMENT 4.1 Agriculture , 4.2 Commereial / Indunrial , 4.3 SpeeilILand Use • • • Strategies 4.4 Property Wasteand Contamination - - 4.5 Aggregates 5. CULTURAL. ENVIRONMENT 5.1 Archaeology 51 Historical - 6. APPLIED ENVIRONMENTAL CONDITION 61 Stormwater • , Management • 62 Erosion and Sedimentation Comml • ' 63 Sustainable Development • • • • . X 2.7 U Greenways and Open tw Space Linkages • X 2.8 A Soil Score • • • X Aurora: 11 Good / Most Fair Poor / Least 8 3 3 6 Bradford : 9 1 Preferred Preferred I4IGHWAY 400 TO HIGHWAY 404 EXTENSION L COMPARISON OF ALTERNATIVE EXHIBIT (BRADFORD BYPASS) ROUTE LOCATION FREEWAY CORRIDORS 3-12 AND ENVIRONMENTAL ASSESSMENT STUDY The red ')es reflect subsequently discovered issues - archaeological site on Lot 118 and Lake Simcoe Protection Act. 14.d) Correspondence received re: Updates on Bradford Bypass. T-1...3-f ��... hippe+was of Georgina Island J A J July 8, 1998 To Whom It May once : FIR , SUTIrON WEST. ONTAilo LQE i SO Phone; (706) 437-1337 Fax: f"+ 1437-4597 It has come to our attention that one of the proposed "Bradfard by-pass" routes goes through a historitally significant Aboriginal site an the Holland River - While we are not opposed to the connectoo of the 404 to the 400. h is a Major concern to us that this .site may be burled under a Fnteway. This sks was crtiicsl and instrumental to the formation of Canada and one of the contributing Noors which brought our p pla to take up a perrnanerrt settlenw-nt on Lake Simc 's south shore. These grounds have had only preliminary exca+val lan but appear to have been used for over one thousand years. The value of this place cannot be underestimated. It is not cur intention to impede prt gores, hmmver we do not want to see a significant pry of h stofy such as this last former. Not only is the camp a horse of our forefathers, Imo# given the Nornadic nature of the tirnes, ar�d the lenath of Orne this sft was used, there will undoubtedly be burini urounds h this area. It is obvious that there are other routes, which can be used to connect these major highways, and we hope that another will be selected. Rob Porte Cultural Portfalk) Georgina Island [)Ur iCil Page 148 of 257 4.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Chippewas of Georgina Island RR #2, SU77ON WEST, ONTARIO 1 �fIYlPGn�'yl7t��.►�GE�SSril�f�t �r3�ch pie # i- December 14, 199 To Whom.lt rnav concern: LJ)E'fRU Ptune: f706, 437� 1337 lax; (705) 437.4697 To further my leer of July 8198, re rding the Bradford Ryes issue. Ceo aina Majid First Nation, is opposed to any enslra tian or development including road construction and archoological dogs at the site known as over HolLvid LvWins. W-- VP11 continue to be opposed to anything that disturbs or destroys this ancient place, My reason not to call for a dcsititnation by Historical S iMs Ivionumcnts Board is that these aeon€e nmy dia ut) this site emd open is up l a e a tourist attraction. s place Tuast remainwAstarbed. l assure you will be opposed to tWs a& long as it is considered an optiorL Rob Prone Chzppewas of Geoglna Island F.5_ Ravershoe Road in Keswick would be cost effective and cross less marsh land. Page 149 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... 0REAND Simcoe County Greenbelt Coalition ti J� 9�< w Rescue Lake Simcoe m Coalition G/NE THE November 16, 2021 Oro-Medonte Council Via Clerks jteeter@oro-medonte.ca Dear Mayor Hughes and Oro-Medonte Council, RE: Updates on Bradford Bypass As a broad coalition of residents and environmentalists that have strong concerns about the Bradford Bypass and its impacts on our communities, regionally and provincially, we wanted to update you on more issues that have surfaced about the Bypass. The province continues to obfuscate information that is key to ensuring informed consent from surrounding municipalities and today's residents. The municipal Councils of Brock, Barrie, Georgina, and to some degree Innisfil, asked for greater scrutiny and protection of Lake Simcoe through the Environmental Assessment process for the proposed Bradford Bypass.' On October 7th, the province of Ontario did what the Rescue Lake Simcoe Coalition, Simcoe County Greenbelt Coalition and our community partners warned of - they exempted the Bradford Bypass from the Environmental Assessment process.2 There will be even less transparency than before and less protection of the environment. Highlights of our concerns of the exemption to the Environmental Assessment process: • Building an interchange before it's determined if the route is technically feasible. "Early works" permissions allow the proponent to build an interchange on Yonge St. just north of Bradford, before the technical engineering is complete for the 16 km highway over the marsh. Therefore the budget is a total guess. • Mitigation / protecting Lake Simcoe. The decision was made on October 7 to fully approve the early works and the Bradford Bypass before any studies have been released establishing that damage to Lake Simcoe can be mitigated. No agency such ' Council resolutions about the Bradford Bypass proposed highway project: httos:Hdocs.aooale.com/document/d/1 ODmN Pe9UhoCe2P6umBZ8sXLe-6Qxx5COxsZOaaU EY Nc/edit?usp=sharing 2 ERO posting exemption https:Hero.ontario.ca/notice/019-1883 Page 150 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... as the Ministry of the Environment, Conservation and Parks will review or approve any reports that may still be done, and none of those reports inform decisions about whether to proceed with the highway. The proponent will evaluate the impacts on the environment, and also choose the criteria for assessment and evaluation of those impacts. (Just like someone writing, taking, and marking their own test.) The Ministry of Environment, Conservation and Parks only makes comments; it is no longer approving anything. • Consultation requirements are limited to First Nations and "interested parties" identified by the project proponent. Since approval of the EA exemption, four things have happened which further change the landscape of building this highway and the attention it will draw: 1. Public opposition to costly, badly planned highways with little utility to drivers, in a climate crisis, has grown significantly. 2. The Provincial government is campaigning on a platform of building highways which has increased scrutiny provincially and locally of this highway. 3. A new request has been submitted to the Impact Assessment Agency, requesting a Federal Impact Assessment from F.R.O.G.S, The Concerned Citizens of King Township, and Stop the Bradford Bypass. 4. COP26 has set global leaders, including Canada, to commit to reducing greenhouse gas emissions, stop deforestation and limit methane emissions. The Bypass directly contributes to loss of forests, increased carbon and methane emissions. Our position remains. We are insistent that alternatives to the highway must be properly studied. Much cheaper investments can be made in regional road upgrades, investment in GO transit and regional transit. Unfortunately, the province is not considering alternatives to the highway, nor did they consider the transit investments as a means to reduce congestion in the 1997 EA. This sets up the entire highway project to be another 407 boondoggle. Understanding that the proposed way forward does not reflect the wishes of Lake Simcoe Councils we are asking your council to consider what level of support you have for this project now. Will you support our allies' renewed ask, that the Federal Minister of the Environment and Climate Change designate this project for a Federal Impact Assessment? Conclusion: We understand that municipal Councils need to balance many competing and contradictory interests. But your aim should always be to make sure that resources are spent intelligently. Thus, we urge you to request a Federal Impact Assessment in order to stop the half-baked, cloaked in secrecy, irresponsible, future boondoggle highway proposal. It does not address F, Page 151 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... municipal traffic and routing concerns, it will be bad for Lake Simcoe, and if you support it, it will hang around your neck as an example of a completely foolish and outdated, massively expensive piece of infrastructure that will not fix the problem. This needs a refresh, and that is what a Federal Impact Assessment will allow. The Federal Impact Assessment agency will approach you for comment. Please contact us to discuss any questions or concerns you may have. Sincerely, Claire Malcolmson Executive Director, Rescue Lake Simcoe Coalition rescuelakesimcoecoalition(a)gmail.com Margaret Prophet Executive Director, Simcoe County Greenbelt Coalition margaret(a)simcoecountygreenbelt. ca Page 152 of 257 3 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Appendix 1 - Additional detailed concerns about the project as proposed today: 1. Contrasting MTO's claims to Councils to today's reality MTO claims to Councils Today's reality That they would do the following: The Class Not following the Class EA process, and not EA documentation is a Transportation doing a TESR. The project is now Environmental Study Report (TESR), which self -approval, so no approval is needed from will be prepared and made available for a the Ministry of the Environment. 30-day public and agency review period at No public consultation is required. the completion of the Study. The TESR will document the following: The transportation needs, problems and This document has not been released opportunities, publicly. Problems of local / commuter traffic will not be remedied if it's a toll road. Partial traffic studies that were released indicate worse congestion on Hwys 400 & 404 with the Bypass compared with a `no Bypass' scenario by 2041.3 Existing environmental conditions; The project has been approved through the exemption without this study being completed or released publicly. There is no Ministry of the Environment approval of this report. The report does not have to cover climate change, health impacts of air quality or impacts to Lake Simcoe. A summary of consultation undertaken Consultation is now restricted to First throughout the Study Nations, and "interested parties" as defined by the proponent. A summary is still required, though the results of consultation can be ignored. The generation, assessment and evaluation The only changes considered are minor of alternatives within the Study Area; alignment changes. This project will go over / through the Holland Marsh provincially significant wetland, and will terminate on the east side at the end of the Carrying Place Trail and Lower Landing, a site of high historic and First Nations cultural 3 Maps contrasting traffic in 2041 with and without the Bradford Bypass shows that this project will not address local traffic issues. https://www.bradfordbypass.ca/2021 /04/09/5-considerations-for-the-bradford-bypass-project/ 4 Page 153 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... significance.4 The preferred alternative(s) / recommended There was only one plan considered: building plan; and, a highway. Regional road improvements, controlling demand, rerouting truck traffic and transit were not considered. The exemption from the Environmental Assessment Act means alternative options will never be considered. A summary of potential environmental issues The project has been approved through the and mitigation measures and environmental exemption without this study being completed commitments to be carried forward through or released publicly. There is no Ministry of future design stages. the Environment approval of this report. The report does not have to cover climate change, health impacts of air quality or impacts to Lake Simcoe. Minister of Transportation and MPP York - It is now up to the proponent whether the 15 Simcoe, Caroline Mulroney: "On top of that, studies will be completed, what public we are undertaking at least 15 new studies consultation if any will occur and whether the for the Bradford Bypass, which will include an impacts are mitigated. No expert agency Agricultural Impact Assessment, Air Quality such as a conservation authority or the Impact Assessment, and many more."5 Ministry of the Environment approves the quality or completeness of the studies or the adequacy of the mitigation. 2. Bradford Bypass is being planned as a toll road. Based on Ministry of Transportation documents released through Freedom of Information requests, key staff documents outline the need to create a "business case" for tolling on the Bradford Bypass. Although rates have not been decided, quotes within the FOI documents demonstrate where roughly the implemented toll will fall. "...include additional toll scenarios that fall between the 407 East and the 407 ETR toll rates because it is likely where the implemented one (toll) will fall into." (emphasis added) Using the baseline tolling rates contained in the FOI documents ($0.29/ km), the average cost for a one way trip from the 400 to the 404 would be $4.64. Those who use the route daily (5 days/week) for commutes would see their annual transportation costs increase by over $2300. https://www. bradfordtoday.ca/local-news/historically-sign ificant-hoIland-river-site-threatened-to-be-destroy ed- by- pro posed- highway-greenbelt-coalition-4228329 https://www. bradfordtoday.ca/local-news/op-ed-bu ilding-bradford-bypass-will-set-community-up-for-succe ss-3877413 5 Page 154 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... And with tolling, MTO's own calculations demonstrate that truck traffic on the Bypass will reduce by roughly 60% (compared to no tolls). What that means is that the new Bypass, as planned, will divert some truck traffic from Bradford's downtown, but most of it will still go through the core to avoid tolls. We have seen how tolls have left the 407 and 407 East underutilized. However, the province is not in the position financially to fund this project as a priority without the tolls to re -capture the minimum of $800 million dollar capital costs. Recently, advocates trying to remove the tolls on the 412/418 in Durham, were met with the financial reality of MTO's projects. Voters were assured in the last provincial election that these would not be toll roads either. "Put simply, removing the tolls wholesale would be unaffordable, while shifting the structure would create uncertainty," said Minister of Transportation Caroline Mulroney in a written statement, noting the government relied on projected toll revenue to fund the construction of the highways. The report outlined several different options for changing the toll structures, including removing them altogether, but labelled all as unfeasible. "All these options would lead to significant cost to the taxpayer," Mulroney explained. "We must move cautiously, especially as Ontario juggles competing priorities arising from the COVID-19 pandemic.,,6 It seems the false dichotomy that the province has created is to either build a highway quickly and toll it (which renders it underutilized and won't significantly reduce truck traffic in Bradford) OR build a highway that is untolled but won't be a provincial spending priority for years to come. Either way, the citizens and municipalities who want their traffic issues addressed will pay the price. Clearly, the decision to build the Bradford Bypass is not based on transparent data and up to date science. The province is willing to court municipal support, but not be completely transparent about the highway and its final form. 3. Toronto Star investigation piece outlined the high influence of developer interests Similar to the 413 investigation, the recent investigative piece about the Bradford Bypass demonstrated how much developers along the route would benefit from the project being built. Although we are not insinuating anything untoward happened, municipalities can appreciate the pressure that these interests put on the process to realize their profits. The involvement of paid lobbyists, large developer profits and political connections makes the public question the clarity and logic of the government's plans. 6 Available at: https://www.thestar.com/local-wh itby/news/2021 /04/26/a-sla p-in-the-face-no-tol I-relief-for-d u rh am-d rivers. html?itm_source=parsely-api 1.9 Page 155 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Projects such as these become a poisoned well, especially considering the weak environmental oversight and EA exemption that rushes the project without full consideration of public interest or concerns. You can read the piece here: https://www.thestar.com/news/investigations/2021 /10/31/bradford-bypass-ford-government-secr ecy.html 4. Municipal concerns unaddressed by the Bradford Bypass plan: If this highway is really meant to support growth in Bradford and East Gwillimbury, the province would listen to those local Council's concerns. They are not. In addition to the Council resolutions referenced above, the other Council concerns we are aware of are documented below: East Gwillimbury: As reported in the Toronto Star on August 4th, 2021,' the Bradford Bypass' proposed "Interchanges are located at Highway 400, County Road 4, Bathurst Street, Leslie Street and Highway 404. Crossings are at 10th Sideroad, Artesian Industrial Parkway, Metrolinx rail corridor, Yonge Street and 2nd Concession Road. The current plan is to cross Yonge Street and 2nd Concession with overpasses and cross Leslie Street with a partial interchange." [East Gwillimbury] "Council had asked the ministry to consider 2nd Concession for an Interchange, as it is a central spine road in the town where a lot of new development is being planned. But an MTO representative said an interchange at 2nd Concession isn't being considered at this time." Councillor Tara Roy-DiClemente responded, "I think it is a little bit silly to plan a highway that isn't even built when the community that it is to run through is telling you need to revisit the interchange locations." We also note that there are also important environmental concerns with the Bathurst Street interchange as the location of the interchange is a large wet woodlot that contains sensitive habitat for at -risk species.$ https://www.thestar.com/local-east-gwillimbury/news/2021 /O8/O4/it-s-silly-east-gwillimbury-counc il-concerned-about-location-of-proposed-bradford-bypass-interchanges. html 8 Detail on species at risk : https://thepointer.com/article/2021-07-02/we-can-t-keep-doing-this-pc-govern ment-speeds-ahead-with-bra dfo rd- bypass -advocates -say- process- lacks- pro pe r-scruti ny VA Page 156 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Bradford West Gwillimbury: Tuesday, April 20, 2021, BWG Council passed a resolution9 which included the following "That Council requests that the scope of the preliminary design be expanded to include an interchange at Sideroad 10, as identified in the Town's Official Plan; That Council advises that the Preferred Option for the southbound ramps of the new freeway interchange with Hwy 400 should provide for access to County Road 88; That Council commits to continuing to work with the Project Team as it completes the preliminary designs, detailed environmental studies and public consultation programs that are critical in the successful delivery of the Hwy 400 — 404 Freeway Link;..." 9 Bradford West Gwilllimbury Council Resolution from Tuesday, April 20, 2021 Minutes 2021-133 Leduc/Contois https:Hbradfordwestgwillimbury.civicweb.net/Portal/Meetinglnformation.aspx?Org=Cal&ld=2134 E: Page 157 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... Appendix 2: Press release re Impact Assessment request from F.R.O.G.S, CCKT, and Stop the Bradford Bypass FOR IMMEDIATE RELEASE November 10, 2021 Local Citizen Groups Request Federal Government to Conduct Impact Assessment on Bradford Bypass Project Bradford/East Gwillimbury/King - Three local groups whose communities will be directly impacted by the Bradford Bypass have officially asked the Impact Assessment Agency of Canada to designate the project for further federal study. Although the Federal government refused to designate the highway project earlier this year, the groups insist that many things have changed since the decision that enables the federal Minister to reconsider. Bill Foster from Forbid Roads over Greenspaces (FROGS) contends that considerable evidence has come forward that demonstrates this project isn't in the best interest of the public and that the Federal government must step in on issues that have been revealed. "The last decision stated that the Minister had faith in the provincial process, but since then the provincial government has exempted itself from the Environmental Assessment Act. This means that the province has given itself full approval to build this project without further consideration of endangered species, fish habitat or climate change. The rigorous 15 studies that were promised to many of the municipalities will no longer be done. It's build now, think later. How can anyone have any confidence in that type of process?" Another area of concern with the highway is its proximity to houses and parks and the impact that will have on air quality. Bradford's population has increased 2.5x since the EA was first completed in 1997 which means the route is closer to homes than when originally conceived. According to MTO's own 1997 studies, the levels of benzene, as one example, would exceed Ontario's air quality standards. Benzene is a known carcinogen and those living near the W Page 158 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... highway could have increased risk of disease including childhood leukemia, breathing problems and poor lung development in children. "Many of our members are women and mothers in Bradford," says Tricia Hulshof, a member of the STOP the Bradford Bypass. "Based on the MTO's studies, this highway would directly threaten the health of the children and adults who live along the route. Let's fix our traffic problems, but not in a way that threatens the health of our children. One child being sick because of supposed time savings is one too many in our opinion." The exemption also means that the impacts to Lake Simcoe and climate will not be studied despite many municipalities stating that they wanted to ensure that a fulsome process would be followed to ensure no harm comes to Lake Simcoe or the Holland Marsh Wetland by this project. "Our group fully supports the Lake Simcoe Protection Plan and the principles upon which it stands," says Bruce Craig of Concerned Citizens of King Township (CCKT). Our region's way of life and economy is based on the health of the lake. To see corners being cut, bridges being built before studies are done and no new studies to ensure care of the Lake or climate saddens me. Once we've destroyed it, once we've paved it over, there's no going back. There have never been any studies that look at the impacts to Lake Simcoe, the Greenbelt or climate change. While global leaders are making commitments to better protect green spaces, water and reduce GHG emissions, we're investing in projects that counter those promises." Foster states, "Every time we meet new people who are curious about the Bypass we're reminded of how little information about this highway has been shared with the public. The more people know, the more they don't like it. No one likes gridlock, but this idea that the only way to deal with it is a highway that recent estimates suggest could cost over $213 is ludicrous. This highway isn't a done deal despite what the road signs say. It's time for people to ask some serious questions and get informed before it's too late." -30- Additional Resources: Link to Federal Request Letter: https://frogs.ca/wp-content/uploads/shared-files/Federal-Impact-Request-for-Bradford-Bypass-N ovember-9-2021-FROGS-STPP-CCKT-digitally-signed Signed.odf FROGS is an organization of East Gwillimbury residents, many of whom are directly impacted by the proposed Bradford Bypass Project. FROGS first came into existence in 1993 to oppose the Bradford Bypass during the environmental assessment process. FROGS has had over 300 local residents as members. In 2021 we began to organize again to oppose the exemption of the Bradford Bypass from environmental assessment and the fast -tracking of the project, and to support environmental organizations seeking more substantial assessment. www.frogs.ca 10 Page 159 of 257 14.d) Correspondence received re: Updates on Bradford Bypass. Town of Sc... STOP the Bradford Bypass is an organization composed of residents in Bradford and the surrounding area, many of whom would be directly impacted by the project. STOP the Bradford Bypass is an organization founded in 2021 and run primarily by women who are concerned about the health, environmental and social impacts of the highway. CCKT has been an active citizen -based group in King Township for 51 years, advocating to conserve important natural heritage systems and features. Over 50% of King Township is within the Lake Simcoe watershed, and the northern tip of King Township lies within the proposed routing of the Bradford -Bypass. CCKT is concerned about the impacts the highway will have on Lake Simcoe, local watersheds and sensitive ecosystems, plus the impact of GHG emissions on community health and climate. www.cckt.ca For more information please see: Archaeology: https://www. newmarkettoday.ca/local-news/bradford-bypass-endanaers-historically-significant-h olland-river-site-says-coalition-4228332 Tolling: httos://www.thestar. com/local-oshawa/news/2021 /03/30/they-ve-done-diddle-sauat-broken-prom ises-leave-tolls-in-place-on-durham-highways. htm I News / municipal response: https://www.thestar.com/news/investiaations/2021 /10/31/bradford-bypass-ford-aovernment-secr ecy.html https://www. nationalobserver. com/2021 /O6/O3/news/two-ontario-communities-shy-away-supporti na- b radford- bypass https://www.thestar. com/local-aeoraina/news/2021 /08/16/what-s-the-bradford-bypass-and-why-s hould-aeoraina-residents-care.html https://www. bradfordtoday. ca/local-news/environmentalists-protest-bradford-bypass-outside-mul ronevs-office- 1 3-photos-4755275 https://thepointer.com/article/2021-11-13/wil I-doug-ford-s-highway-gift-to-developers-cost-him-a- majority-government 11 Page 160 of 257 14.e) Correspondence dated December 10, 2021 from AgriSuite Team, Ontari From: Oliphant, Josee (OMAFRA) <Josee.Oliphant@ontario.c�> On Behalf Of Martin, Andrea (OMAFRA) Sent: December 10, 2021 3:07 PM To: Crinklaw, Drew (OMAFRA) <Drew.Crinklaw@ontario.ca>; O'Neill, John (OMAFRA) <John.O'Neill@ontario.ca>; Turvey, John (OMAFRA) <iohn.turvev@ontario.ca> Subject: Updated AgriSuite's Minimum Distance Separation (MDS) I & II are now available Hello AgriSuite users, AgriSuite is the Ontario Government's agricultural and environmental suite of decision support tools that assists with crop optimization, nutrient management and land use practices. We have been working on rebuilding AgriSuite, into a web -based application. As of today, the newly improved Minimum Distance Separation (MDS) I & II tools are available in our online platform on Ontario. ca/AgriSuite. These digital tools assist farmers, municipalities, consultants and landowners to complete MDS calculations needed for building permits and land use planning approvals. The Minimum Distance Separation tools help determine setback distances between livestock barns, manure storages or anaerobic digesters and surrounding land uses. MDS is made up of two separate, but related, formulae that act reciprocally to site both new development and new or expanding livestock facilities: MDS I — provides the minimum distance separation between proposed new development and any existing livestock barns, manure storages and/or anaerobic digesters. MDS II — provides the minimum distance separation between proposed new, expanded or remodeled livestock barns, manure storages and/or anaerobic digesters and existing or approved development. To learn more about MDS, please visit: Minimum Distance Separation (MDS) Formulae. The desktop version of AgriSuite, built on Microsoft Silverlight, has reached the end of support on October 12, 2021 and quality and security updates are no longer being released by Microsoft. For this reason, we strongly recommended that users transition to the web -based AgriSuite to access the collection of decision support tools. We encourage you to share this information with your staff and post to your organization's website if this option is available to you. For more information, please visit ontario.ca/AgriSuite or contact the ministry's Agricultural Information Contact Centre at 1-877-424-1300 or aq.info.omafraCWontario.ca. Thank you, AgriSuite Team Ontario Ministry of Agriculture, Food and Rural Affairs Page 161 of 257 14.f) Correspondence dated December 17, 2021 from Peter Lavoie on behalf... From: Good Neighbours<goodneigh boursalliance(agmail.com> Sent: December 17, 2021 9.35 AM To: Hughes, Harry <harry.hughes(a�oro-medonte.ca> Subject: [External] RE: Info from Wasaga Beach This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Good Morning Mayor Hughes, Thank you for your recent note. We also wanted to get in touch on a few things that have arisen over the past few weeks. On the OLT appeal, our lawyer is looking forward to working in close cooperation with the Township counsel. They are now in touch to coordinate on the witnesses that will be called by the Township and by the Alliance at the hearing. We look forward to working with the Township so that this proceeds smoothly. We certainly agree that the Wasaga Beach situation really underscores how important it is that we here in Oro-Medonte maintain a zoning regime that does not permit STRs in residential neighbourhoods. Those municipalities and townships that have made the unfortunate decision to permit STRs in residential areas are left with licencing as the only option to maintain control over this incompatible use. Inevitably as the problems continue to expand they will have to update and strengthen their licencing regime and add more resources at taxpayer expense to put a stop to the bad behaviour. With the benefit of hindsight and the lessons learned, we are sure that they wish they had never gone down this road of weakening their zoning and eliminating zoning enforcement as the best means of controlling the STR problem. We also wanted to convey that there is quite a bit of concern among residents about the recent CBRE Tourism Gap Report that Township Staff presented at last week's Council meeting and was then adopted by Council. As you pointed out very well during the meeting, the CBRE Report as it relates to STRs is contrary to the direction established by Council on STRs. We agree with the comments that you made. With many important omissions evident and the Report's contradiction of Council's established position on STRs, we cannot understand why Council proceeded to adopt those sections of the CBRE Report that pertain to STRs. By allowing those sections of the Report to stand and be adopted, Council is endorsing that Staff act on the Report's recommendations and proceed with updates to the Official Plan that would allow STRs in residential areas outside of those existing designated areas at Horseshoe Valley where they are already permitted. Residents are also asking us why the Township's Economic Development Staff undertook an initiative concerning STRs that goes against the direction and decisions of Council on this sensitive issue. We are extremely troubled by the fact that this occurred, at taxpayer's expense, at a time while the OLT appeal is in progress. We believe that the appeal process must be respected and that these actions by the Township were highly inappropriate and should never have been undertaken. The substantial efforts and monetary investment made by the Township and residents in support of having the zoning by-law amendment upheld must not be undermined. Moreover, these actions by the Township send a confusing and negative message to Township residents who have been enduring the harmful impacts Page 162 of 257 14.f) Correspondence dated December 17, 2021 from Peter Lavoie on behalf of STRs and who are relying upon the Township to see that its by-laws are upheld and enforced to ensure that the disruptions caused by STRs are brought to an end. In these circumstances we feel strongly that Council's adoption and approval of the CBRE Report must be revisited at the next Council meeting. It is very important that Council make it clear to residents and to Township Staff that Council's adoption of the CBRE Report does not in any way extend to any changes to the Official Plan that would permit or facilitate STRs in residential areas outside of those areas where they are permitted under the existing zoning regime. We believe that it is essential for Council to make it clear that the sections of the CBRE Report that deal with STRs are not adopted or approved by Council. We ask that these clarifications be brought forward at the next Council meeting. Based on your comments at the meeting last week, we trust that you would support such a motion and that maintaining the existing prohibition on STRs in residential areas would be once again supported unanimously by Council members. We look forward to continuing to work with the Township to achieve a successful outcome on the OLT appeal and seeing that the Township's zoning by-laws are upheld and enforced. We would also like to extend our best wishes to you and your family for the Holiday Season. On Behalf of The Good Neighbours Alliance, Peter Lavoie yen: s■ n* Qs Me&mn Goad Nciob­Alk­ https://www.goodneighboursoromedonte.ca/ https://www.goodneighboursoromedonte.ca/ From: Hughes, Harry <harry.hughes(a)oro-medonte.ca> Sent: December 7, 2021 2:27 PM To: good neigh boursalliance(agmail.com Subject: Info from Wasaga Beach FYI This article from Simcoe.com identifies the situation in Wasaga Beach and clearly points out that licensing does not address the problem. We need a zero -tolerance mandate': Wasaga Beach should take harder line on short-term rentals, says resident 'We need a zero -tolerance mandate for irresponsible STR operators who are engaging in bad conduct with no punitive consequences' Ian Adams Wasaga Sun Monday, December 6, 2021 A Wasaga Beach resident wants the town to take a closer look at how it approves short-term rentals, and where they can be set up. Page 163 of 257 14.f) Correspondence dated December 17, 2021 from Peter Lavoie on behalf... Rosalba D'Angelo asked council's co-ordinated committee to consider implementing an interim control bylaw to give the planning department a chance to study the issue and put in place policies for licensing and inspections. D'Angelo has previously raised issues about short-term rentals, including noise and overcrowding. "We need a zero -tolerance mandate for irresponsible STIR (short-term rental) operators who are engaging in bad conduct with no punitive consequences in order to ensure safety and enjoyment of our properties and neighbourhoods," she told councillors. She pointed out that private homes are not subject to the same scrutiny as a traditional hotel operation, "thereby flying under the radar where operators circumvent all rules and regulations for safe residential neighbourhoods. "We have slum landlords turning flophouses into STRs that are unsafe, undignified, and unaffordable," she said. "We want to live in a safe and protected neighbourhood where tourism means family -oriented, not hoedown frat parties every weekend, or a criminal destination for illegal activities at every second house in the area." Homeowners who own a residential property in a commercial zone that allows tourist accommodations are permitted to rent for fewer than 31 days, provided they have a business licence from the municipality and have undergone inspections for property standards and fire safety. A homeowner living in a residential zone can also offer up a portion of their home for rental as a bed and breakfast, with the proviso that they live full-time on the property. For example, the home -sharing website Airbnb has more than 300 listings for Wasaga Beach, from single bedrooms to entire homes. The town's municipal law enforcement co-ordinator Rachael Ivak said there are 164 homes in Wasaga Beach currently licensed to allow for a short-term rental, or as a bed and breakfast Some of those homes are located in a residential zone. Ivak said bylaw staff review Airbnb, along with other online sites that offer home rentals, on a regular basis to make sure homeowners aren't breaking the rules. "The department informs and educates homeowners about the zoning and business licence requirements and uses a variety of enforcement steps to ensure compliance," she said. Ivak said those who obtain a business licence for their homes to operate as a bed and breakfast, also agree to random inspections by municipal officials. "Conducting random inspections for properties that have bed and breakfast licences assists the department and the community to ensure those that are legally licensed are doing so based on the conditions set out in their business licence," she said. She said many of the complaints received are typically not related to the zoning of the home, but noise or parking infractions. Council received D'Angelo's comments for information. Page 164 of 257 14.f) Correspondence dated December 17, 2021 from Peter Lavoie on behalf... •• V "Homes Are ■ ■ ■ ■ Not Hotels" on an Oro-Medonte Good Neighbours Alliance Your Worship, Deputy Mayor and Council Members, January 6, 2022 By E-Mail We are writing to follow-up on our correspondence concerning the CBRE Tourism Gap Report [the Report]. We thank you for arranging to have the correspondence related to the Report placed on next week's Council meeting agenda. We assume that this letter will be included as well. We are copying all of Council on this letter regarding our specific concerns that the 'adoption' of the Report has raised, and to appeal to Council to address our concerns. One of the significant recommendations in the Report involved the establishment of short-term rentals [STRs] in residential neighbourhoods. The Report also recommended that the Township update its Official Plan to recognize, allow, and encourage STRs in residential neighbourhoods. It is evident that the analysis in the Report was significantly flawed and contains a number of material omissions in relation to this recommendation. In addition, as noted by the Mayor, the Report as it relates to STRs is completely contrary to the direction established by Council back in July 2020. As you may be aware, in the OLT appeal of the Zoning By-law amendment that merely clarifies the meaning of 'commercial accommodation', the filings made by the STIR operators clearly indicate that they will be arguing that the amendment adversely affects tourism. Furthermore, they will argue that shoreline properties should be viewed as resource -based recreational uses and not as housing. By adopting the Report, Council appears to be providing support, at taxpayer expense, to the STIR operators who want to legalize STRs in residential zones. Given that the OLT appeal is in progress, we feel strongly that the Report as it relates to STRs should not have been undertaken or presented by Staff nor adopted by Council. In fact, the Mayor has stated that: "It would not be appropriate for Council to consider recommendations contained in the Report relating to STR's until after the Ontario Land Tribunal has rendered a decision on the appeal." We clearly disagree on the meaning of the word adoption. To us, the term "adopt" may be construed, and is generally understood by most, to mean that Council is accepting the report in its entirety including all recommendations. When applied in the Municipal Act to policy or budget the word adopt means to 'put into force'. This interpretation will not be missed by the STIR operators and we feel strongly that Council must recant the adoption of the Report or the Township's sole witness will needlessly face strong headwinds at the upcoming OLT hearing. Therefore, we are asking Council to reaffirm its previously stated and long -held position that the existing prohibition of STRs in residential neighbourhoods will be maintained. To this end, we believe that it would be appropriate for Council to pass a motion reconsidering its resolution to adopt the Report that was passed at the last Council meeting held on December 8, 2021. Accordingly, we ask that Council amend that resolution to make it clear that the Report is not adopted as it pertains to STRs being allowed to operate in residential neighbourhoods outside of those areas where they are currently permitted and that Council does not concur or agree with any recommendation regarding Page 1 of 2 Page 165 of 257 14.f) Correspondence dated December 17, 2021 from Peter Lavoie on behalf... "Homes Are ■ ■ ■ ■ Not Hotels" ■■ ■■ Oro-Medonte Good Neighbours Alliance amendments to the Official Plan that would permit or facilitate STRs in residentially zoned areas outside of those areas where they are permitted under the existing zoning regime. We trust that you will ensure that an appropriate motion is brought forward at next week's Council meeting and by resolution Council will unequivocally demonstrate your unwavering commitment to protect residential neighbourhoods from these fundamentally incompatible uses. We look forward to your favourable response and speaking to this matter in Open Forum. As always, we also look forward to continuing to work cooperatively with the Township on this very important issue. Board of Directors Oro-Medonte Good Neighbours Alliance Inc Page 2 of 2 Page 166 of 257 14.f) Correspondence dated December 17, 2021 from Peter Lavoie on behalf... From: Hughes, Harry <harry.hughes@oro-medonte.ca> Sent: December 27, 2021 4:07 PM To: 8milereserve@gmail.com; ec@cholkan.com Cc: Greenlaw, Randy <randy.greenlaw@oro-medonte.ca>; 'Ron Pellatt' <ron.pellatt@icloud.com>; anne.mccartney22@gmail.com; dfines@rogers.com Subject: RE: [External] RE: Happy Holidays ! Hello Everyone Tourism is extremely important to sectors of the economy in Oro-Medonte. There are more than a 1000 jobs in Oro-Medonte connected to the activities outlined in an article in Orillia Matters posted yesterday entitled "Oro Medonte a perfect playground for winter fun" STR's are not included. Throughout the pandemic the Township has been working hard to support local businesses, many being tourism related. The efforts have been related to helping businesses survive. The Township secured some grant money to commission and independent study to further support local businesses during the pandemic and the recovery period following the pandemic. The following is a clarification that I sent to a resident that may be helpful: "When an independent consultant's report is presented to Council it is not common practice or appropriate for Township staff to adjust or edit the recommendations as this would compromise the integrity of the report. The wording of the resolution passed by Council to receive and adopt needs to be understood in context. The adoption of the report means that the recommendations will be considered. It will be up to Council to determine which recommendations from the report will be incorporated and which recommendations will not be incorporated in the Official Plan, Zoning By-law and Economic Development Strategy. In reference to the recommendations during the presentation of the Report relating to STR's I clearly stated that Council had already made a decision that was contrary to the report's recommendations. It would not be appropriate for Council to consider recommendations contained in the Report relating to STR's until after the Ontario Land Tribunal has rendered a decision on the appeal. I have requested that your correspondence be placed on the next Council meeting to enable staff to comment. Thank you for your interest and efforts to assist in addressing the challenges of problematic STR's" I would encourage everyone to support the combined efforts of the Goodneigbours community organization and the Township in working closely together in accordance with the wishes of the majority of residents. Respectfully Mayor Harry Hughes Page 167 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... Ontario Land Tribunal Tribunal ontarien de I'amenagement du territoire Ontario ISSUE DATE: December 16, 2021 CASE NO(S).: PL200165 PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant Subject: Existing Designation: Proposed Designated Purpose: Property Address/Description Municipality: Approval Authority File No.: OLT Case No.: OLT File No.: OLT Case Name: John Greenwood and Ashley Gardiner Request to amend the Official Plan - Refusal of request by Township of Oro-Medonte Agricultural Agricultural with Special Provision To permit the development of a Home Industry, specifically a Contractors' yard with storage of motor vehicles on a portion of the subject lands 3750 Line 10 North Township of Oro-Medonte 2019-OPA-01 PL200165 PL200165 Greenwood and Gardiner v. Oro-Medonte (Township) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Subject: Existing Zoning: Proposed Zoning: Purpose: Property Address/Description Municipality: Municipality File No.: OLT Case No.: OLT File No.: John/Ashley Greenwood/Gardiner Application amend Zoning By-law No. 2019-ZBA-14 - Refusal of Application by Township of Oro Medonte Agricultural/Rural (A/RU) Zone Agricultural/Rural Exemption (A/RU*) Zone To permit the development of a Home Industry, specifically a Contractors' yard with storage of motor vehicles on a portion of the subject lands 3750 Line 10 North Township of Oro-Medonte 2019-ZBA-14 PL200165 PL200166 Page 168 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 2 PL200165 Heard: APPEARANCES: Parties John Greenwood and Ashley Gardiner Township of Oro-Medonte October 18, 2021 by video hearing ("VH") Counsel/Agent* Sarah Hahn Christopher Williams and Laura Dean DECISION DELIVERED BY K.R. ANDREWS AND ORDER OF THE TRIBUNAL INTRODUCTION [1] This is a hearing of appeals by Ashley Gardiner and John Greenwood (the "Applicants") of a decision by Council for the Township of Oro-Medonte (the "Township") to refuse Applications to amend the Township's Official Plan and Zoning By-law (the "Applications") to permit a "Contractor's Yard with storage of motor vehicles" on a portion of the property known municipally as 3750 Line 10 North (the "Subject Property"), which is located in a Prime Agricultural Area. [2] It is an uncontested fact that the Applicants relocated at least some aspects of an excavation business, KJ Excavating, from an industrial site in the Town of Innisfil to the Subject Property sometime during or since 2018, and have been operating the business at the site despite it not being a permitted use. The undisputed evidence shows that the Applicants developed a portion of their agricultural property (approximately 1 hectare (2.47 acres) in size or slightly larger) to accommodate operations of their excavation business sometime in 2018. The development cluster includes a wide driveway with berms on each side, a large gravel parking/staging area for the company's equipment, a building with large roll -up doors and bays large enough to house the company's tri-axel Page 169 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 3 PL200165 trucks, and parking for approximately eight employees of the business. [3] The Applications essentially seek to legalize the existing and ongoing use of the Subject Property to carry out the operations of KJ Excavating. [4] The Applications request: a. An amendment to the Township's Official Plan to permit the development of a Home Industry, specifically a contractor's Yard with storage of motor vehicles (to serve the operations of KJ Excavating) on a portion of the Subject Property; and b. An amendment to the Township's Zoning By-law to change the zoning designation on the Subject Property from Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exemption 310 (A/RU *310) Zone to permit the development of a Home Industry, specifically a Contractor's Yard with storage of motor vehicles (to serve the operations of KJ Excavating) on a portion of the Subject Property. [5] For the reasons that follow, the Tribunal dismisses the appeals. EVIDENCE AND ANALYSIS Witnesses and Participant [6] The Applicants relied on the testimony of their Land Use Planning witness, Darren Vella, as well as Derek Witlib, a land use planner employed by the Township who testified under summons. Both were qualified on consent as experts in land use planning. [71 The Township principally relied on the testimony of their Land Use Planning witness, Michael Barton, who was also qualified on consent as an expert in land use Page 170 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 0 PL200165 planning. Additionally, the Township called on Sharon Lawlor as a witness, who resides on Line 10 North (the same road as where the Subject Property is located), to provide contextual evidence about the ongoing nature of the Applicants business being carried on at the Subject Property and its impact on area neighbours. [8] The Tribunal was also in receipt of a statement and attachments provided by Allan Baker, who was granted Participant status and opposes the appeal. In accordance with section 17 of the Ontario Land Tribunal Act, the Tribunal considered his written statement only. The Property and History of the Applications [9] Mr. Vella testified that the Subject Property is located on the west side of Line 10 North, approximately 1.5 kilometers north of Horseshoe Valley Road. The lands are generally flat in nature. Several agricultural fields comprise the majority of the Subject Property, which are rented to a local farmer for hay production. A portion of the property is tree covered, including a large wooded area at the rear of the property, as well as mature vegetation along the perimeter of the property and treelines between the agricultural fields. A watercourse also traverses the property. [10] Mr. Vella testified that a single detached dwelling is located at the north-eastern area of the Subject Property, along with a cluster of structures which are used for the owner's horses and/or other personal uses. A newly constructed horse barn is located within the cluster, including a 200 by 250 foot paddock. A common access driveway serves this area of the property. The dwelling is serviced by a private well and septic system. [11] It is noteworthy that, while the Applicants submitted that their keeping of horses constitutes a part of the property's agricultural activity, the Tribunal received no evidence to support the notion that this activity is anything more than a hobby. For the purpose of this decision, therefore, the Tribunal finds that the Appellant's keeping of horses does not contribute to, nor constitute a part of, the property's agricultural uses, Page 171 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 5 PL200165 as defined in the PPS. [12] The uncontested evidence of the parties shows that the surrounding land uses are: • North: Agricultural/Rural lands including tree covered lands, agriculture fields and single detached dwellings. • South: Agricultural/Rural lands including tree covered lands, agriculture fields and single detached dwellings. Approximately 1.5 kilometers south is the community of Jarratt. • East: Agricultural/Rural lands including tree covered lands, agriculture fields and single detached dwellings. • West: Agricultural/Rural lands including tree covered lands, agriculture fields and single detached dwellings. [13] It is an uncontested fact that the Subject Property is identified as "prime agricultural land" according to the OMAFRA Agricultural System agricultural land base map and is in a "prime agricultural area" pursuant to the PPS. [14] Furthermore, the Subject Property is designated "agricultural" in the County of Simcoe Official Plan, Schedule 5.1 Land Use Designations, is designated "'agricultural" in the Township's Official Plan, Schedule A, and is zoned "Agricultural / Rural" (A / RU) Zone in the Township's Zoning By-law, Schedule A21. [15] Mr. Vella confirmed that the aforementioned development cluster used by KJ Excavating on the subject property was constructed sometime in 2018. The building located within the cluster is approximately 50 feet by 100 feet in size, and photographs show that it features five roll -up doors and four bays which appear large enough to house the Applicants' tri-axel trucks. The site is located away from the property's house and barns cluster, to the south, and includes a large gravel staging/parking area used by the business. Photographs show that the site is accessed by a dedicated wide driveway with berms on each side to screen the operations. A refuse dumpster and fuel Page 172 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 0 PL200165 tank are located outside the building. Earlier versions of the subject Applications indicate that the area that was developed for the excavation business is approximately 1 hectare (2.47 acres) in size or slightly larger. [16] Mr. Vella also confirmed that the above described storage building, driveway, berms and staging/parking area were all originally constructed without first obtaining the requisite permits from the municipality. However, since then, the construction permits were approved retroactively by the municipality upon the Applicants' characterization of the construction as being for agricultural purposes. Despite this assertion, the Tribunal received no compelling evidence to show that any of the development has ever actually been used for agricultural purposes, nor is it likely to be used for such purposes in the future. As noted previously, the horse -keeping activities of the Applicants are found to be non-agricultural in nature, and the uncontroverted evidence of the parties shows that the only agricultural activities taking place on the property are those conducted by a tenant farmer who, according to the evidence, has no use of the storage building, driveway, berms or staging/parking area located within the subject development cluster. [17] Mr. Vella acknowledged that the current use of the Subject Property for the excavation business is in contravention of the Township's Zoning By-law. The approach being taken by the Applicants to remedy the situation is to seek the current OPA and ZBA, to permit an on -farm diversified use in the form of a contractor's yard with storage of motor vehicles. As will be discussed in greater detail below, this case largely turns on whether or not the existing/proposed use of the property, as currently being carried out by KJ Excavating, can fit within the definition of an "on -farm diversified use". [18] The Tribunal notes that the Applicants commenced their Applications with an earlier proposal in 2019 which purported to designate 1.4 hectares (3.5 acres) of the subject agricultural lands for the purported on -farm diversified use. The original Applications included all of the aforementioned developed cluster area containing the storage building, driveway, berms and staging/parking area, plus some excess on each side. Page 173 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 7 PL200165 [19] The below images show the original proposed area, with the shaded area of the first image showing the area containing the storage building, driveway, berms and staging/parking area (the remainder of the property is delineated by the hatched line): L_ Origllwl Application SGIEI]L1lE W" -NG. BYLAWAMENDMEN LEE€NN INNOVATHE 11NN N. 30LUIONS 4�RR LLGG�b ® A� �gNGMSQ�If�IgliS l E.hibit Z Joint Document Seek Volume 1, Tab 9, P. 24. Concept Plan from Township's Presentation at the Sevtember +, 7919 Public Meeting Page 174 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 8 PL200165 [20] A Township Staff Report recommended that the OPA and ZBA be denied as proposed above due to the fact that the proposed area exceeds the 1.0 hectare (2.47 acres) maximum size for an on -farm diversified use (according to the report). The site area was subsequently revised to 1.0 hectare (2.47 acres) by trimming some of the side areas from the calculations. The Township considered and denied the revised proposal. [21] The Applicants then further revised their proposal by excluding the areas containing the storage building, driveway, berms and a large portion of the staging/parking area, which purported to further reduce the area associated with the proposed on -farm diversified use to 0.12 hectares (0.30 acres), as illustrated below: Page 175 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 0 PL200165 Revised Appliwition a:xn iorz a uourr v'owmenu 000x —u— x, i en s. p. -- --- nannmg wm .-- erwrnng revieeo wpp—.— Lueavnoer nu, —.� The new proposal purports to dedicate the areas excluded from the originally refused proposal for agricultural uses (although, again, no evidence was provided to demonstrate a need or likely use for said areas for such purposes). [22] Upon these revisions, Township Staff recommended approval of both the OPA and ZBA. Despite the Staff recommendation, the Township again denied the Applications. [23] For the sake of clarity, the Tribunal notes that the uncontroverted evidence of the parties shows that the smaller "L" shape area shown above in red basically surrounds the storage building on two sides, and it occupies only one corner of the existing developed cluster occupied by the storage building, driveway, berms and staging/parking area that was built for the excavation business. The Tribunal received no account from the Applicants to explain how their excavation business would no longer occupy the entire area originally proposed, or how operations will or have materially changed to only require use of the much smaller area illustrated above. Furthermore, the Township's expressed concern about the obvious difficulty in monitoring or enforcing the proposed limited use of the developed cluster was not Page 176 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 10 PL200165 addressed by the Applicants in any meaningful way. [24] The Tribunal further notes that it received no account to explain how the excavation business would access Line 10 North without travelling across practically all of the originally proposed area on a daily basis. The Tribunal therefore finds it obvious that all of the originally proposed area, including the driveway, berms and all of the gravel staging/parking area will, more likely than not, be used by KJ Excavating on a daily basis, even if the storage building is not used by the business. Furthermore, given that said building was purposely built for use by the excavation business, and the Tribunal received no convincing evidence to suggest that it will be used for any other purpose, the Tribunal further finds that the building will, more likely than not, also be used by the business. [25] Accordingly, the Tribunal finds it very unconvincing that the areas excluded from the original application will actually be for used for any purposes other than that of the excavation business. Similarly, the Tribunal is unconvinced that those areas will be used for any genuine agricultural purposes. KJ Excavating [26] Before moving its operations, sometime during or since 2018, KJ Excavating stored and staged its equipment and vehicles at an industrial property in the Town of Innisfil. According to the testimony of Mr. Vella, all of the business' equipment is now stored and staged at the Subject Property while the company's head office, where dispatching takes place, is located elsewhere. [27] The original Planning Justification Report overseen by Mr. Vella, dated June 2019, states that KJ Excavating has 5 tri-axle trucks, 1 float truck, 2 excavators, 1 loader and 2 Skid Steer loaders, all of which are now stored and staged at the Subject Property. The testimony of Ms. Lawlor and her photographs is consistent with this list, showing KJ Excavating's equipment travelling past her residence on Line 10 North. Page 177 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 11 PL200165 [28] The evidence shows, and the Tribunal finds, that the proposed number of employee parking spaces at the subject site indicates that there will be at least 8 employee -vehicles travelling to and from the Subject Property on a daily basis, in addition to the transportation of the above listed equipment. The Tribunal accordingly finds that KJ Excavating's operations, as located at the Subject Property, is characteristic of a full-scale industrial operation which generates regular employee and business traffic on the surrounding roadways within a prime agricultural area. Consistency with the PPS [29] The PPS outlines the policies for managing and directing land use to achieve effective and efficient development and land use patterns. The PPS clearly considers and prioritizes the preservation of agricultural lands and enhancement of agricultural uses as one of its key goals. There are limited exceptions; however, such exceptions are clearly intended to complement rather than encumber agricultural uses of the area, and any loss of agricultural lands for non-agricultural purposes is to be minimized. [30] Section 2.3 of the PPS relates to Agriculture, with section 2.3.3.1 stating the permitted uses in the prime agricultural areas: In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture -related uses and on -farm diversified uses. Proposed agriculture -related uses and on -farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on OMAFRA Guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. [31] The Appellant's expert in land use planning, Mr. Vella, testified that the allowance of on -farm diversified uses, as stated in s. 2.3.3.1, provides opportunities in addition to existing agricultural operations. He also cited section 2.3.3.2 of the PPS in apparent reference to the small scale or low intensity agricultural activity which currently takes place on the Subject lands: In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. Page 178 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 12 PL200165 [32] The Tribunal notes that the OMAFRA Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas ("OMAFRA Guidelines") are designed to help municipalities, decision -makers, farmers and others interpret policies in the PPS on uses that are permitted in prime agricultural areas. The Tribunal confirms that it has considered these OMAFRA Guidelines in assessing the consistency of the proposed OPA and ZBA with the PPS. As it relates to permitted uses in the prime agricultural areas according to the PPS, section 1.4 of the OMAFRA Guidelines sets out the principles of permitted uses as follows: 1.4 Principles of Permitted Uses The intent of the PPS and these OMAFRA Guidelines is to allow uses in prime agricultural areas that ensure settlement areas remain the focus of growth and development and: • agriculture remains the principal use in prime agricultural areas; • prime agricultural areas are protected for future generations; • land taken out of agricultural production, if any, is minimal; • regard is given to the long-term (multi -generational) impact on prime agricultural areas; • normal farm practices are able to continue unhindered; • agricultural and rural character and heritage are maintained as much as possible; • uses are compatible with agricultural uses; • they make a positive contribution to the agricultural industry, either directly Page 179 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 13 PL200165 or indirectly; and • servicing requirements (e.g., water and wastewater, road access, fire services, policing) fit with the agricultural context. [33] The PPS defines an "on -farm diversified use" as: ...uses that are secondary to the principal agricultural use of the property, and are limited in area. On -farm diversified uses include, but are not limited to, home occupations, home industries, agritourism uses, and uses that produce value added agricultural products. [34] Section 2.3.1 of the OMAFRA Guidelines sets out the PPS criteria for on farm diversified uses as follows: 2.3.1 PPS Criteria for On -Farm Diversified Uses All of the following criteria must be met to qualify as on -farm diversified uses, in accordance with the PPS. 1. Located on a farm; 2. Secondary to the principal agricultural use of the property; 3. Limited in area; 4. Includes, but is not limited to, home occupations, home industries, agri-tourism uses and uses that produce value-added agricultural products; and 5. Shall be compatible with, and shall not hinder, surrounding agricultural operations. [35] In reference to the above policy and OMAFRA Guidelines, the Applicants submitted that the PPS clearly contemplates and permits "on -farm diversified uses" as a home industry on prime agricultural lands. The Applicants correctly noted that a "Home Industry" is, by definition, an industrial use. Page 180 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 14 PL200165 [36] As it relates to the requirement of an "on -farm diversified use" to be "limited in area", Mr. Vella opined that KJ Excavating's operations on the Subject Property qualify as an "on -farm diversified use" and "Home Industry" pursuant to the PPS, by being sufficiently "small-scale" so as to be permitted on Prime Agricultural lands. Mr. Vella testified that the Applicants' revised proposal involves an area of only 0.3% of the entire parcel, whereas the OMAFRA Guidelines indicate that an on -farm diversified use may assume up to 2% of the land area. [37] As it relates to the requirement of an "on -farm diversified use" to be secondary to the principal agricultural use of the property, Mr. Vella opined that the purported agricultural uses of the Subject Lands include agricultural crop farming, which occupies a substantial majority of the land area, and a "horse farm" which also represents an agricultural use in his opinion. Furthermore, he opined that the existing/proposed contractor's yard is secondary to the crop farming and is not in contravention with sections 2.3.3.1 or 2.3.3.2. [38] As stated previously, the Tribunal finds that the horse -keeping activities of the Applicants do not constitute a part of the agricultural operations on the property. The evidence shows that the only agricultural activities on the property are those conducted by the Applicants' tenant, who grows hay on the property. [39] Contrary to Mr. Vella's opinion, Mr. Barton opined that that KJ Excavating's existing/proposed use of the Subject Property does not qualify for the limited exceptions in the PPS that would permit a non-agricultural use in a prime agricultural area, as it does not satisfy the criteria for "on -farm diversified use". While acknowledging that the area dedicated for this use is/proposed to be limited in area relative to the overall lot area, he opined that it is not secondary to the agricultural uses on the Subject Property. [40] Mr. Barton opined the subject excavation business is properly characterized as a full-scale industrial use and, given the scale and intensity of its operations relative to the agricultural operations conducted by the Applicants' tenant farmer, it cannot be considered secondary to the agricultural uses on the Subject Property so as to qualify Page 181 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 15 PL200165 as a diversified on -farm use or home industry according to the PPS. The Tribunal accepts Mr. Barton's evidence and opinion insofar as the operations of KJ Excavating at the Subject Property are properly characterized as a full-scale industrial use. [41] The Applicants did not contend, nor did the evidence show, that their excavation business is directly or indirectly connected to an agricultural operation, nor does it serve to support and build upon rural character or leverage rural amenities and assets. They submitted that this is not necessary to still qualify as a diversified on -farm use. [42] The Tribunal notes that this position of the Applicants conflicts with the direction provided in the OMAFRA Guidelines, which expressly states that "[t]he intent of the PPS and these OMAFRA Guidelines is to allow uses in prime agricultural areas that ensure settlement areas remain the focus of growth and development and [... ] they make a positive contribution to the agricultural industry, either directly or indirectly [emphasis added]". [43] The Tribunal accordingly finds that a full-scale industrial operation, such as KJ Excavating, cannot be appropriately located in a prime agricultural area (as an on -farm diversified use) unless it makes a positive contribution to the area's agricultural industry, either directly or indirectly. To adopt Mr. Barton's words, the Tribunal finds that this means it must support and build upon rural character and leverage rural amenities and assets. In the context of an on -farm diversified use, as per the definition, it must also be secondary to the principal agricultural use of the property and be limited in area. [44] Based on the evidence provided by the parties regarding the scope and intensity of the tenant's agricultural operations, which was limited to hay production involving one or two cuts a year, the Tribunal finds that these activities are relatively small in scale despite involving a relatively large land base. [45] On this point, the Tribunal notes the Applicants' submissions insofar as a perennial hay crop is actively growing all year round and should not be assessed solely on the basis that it does not involve daily human -driven activities. The Tribunal generally Page 182 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 16 PL200165 agrees; however, compared to other types of farming, and in contrast with most crop cultivation in particular, there is no dispute that perennial hay production is a distinctly low -intensity crop associated with very little impact on surrounding lands and low activity in general. [46] For example, in comparison to KJ Excavating's operations, the Applicants' did not suggest nor provide any evidence to show that the tenant's hay crop involved similarly intensive activities, employee coming -and -going, economics, or impact in general on surrounding lands. To put it succinctly, the Tribunal finds that the primary activity and function of the Subject Property, viewed from any reasonable perspective, will be (and is currently) associated with the activities of KJ Excavating, not the growing of hay. [47] Mr. Barton further testified and opined as it relates to the fourth and fifth criterion listed above within section 2.3.1 of the OMAFRA Guidelines. He stated that, due to the scale and intensity of the Applicants' excavation business operations at the Subject Property, it cannot be considered a home industry, and the proposed/existing industrial uses will/are adversely impacting the agricultural and rural character of the area. The Tribunal agrees while noting that this case dose not necessary turn on this point given the Tribunal's finding that the proposed/existing excavation business clearly constitutes the primary activity on the property, contrary to the second criterion of the OMAFRA Guidelines at section 2.3.1. [48] It should be noted that the goals of the PPS are not only to preserve individually allotted agricultural lands within prime agricultural areas, it also aims to preserve the continuity of agricultural lands and uses within such areas. The reason being is that a patchwork of non-agricultural uses within prime agricultural areas, with potential to conflict with agricultural uses, will have a cumulative effect of restricting agricultural uses and normal farm practices on a broader scale. This is clearly contrary to the PPS. [49] Mr. Barton also drew the Tribunal's attention to section 2.3.3 of the OMAFRA Guidelines, where it lists examples of uses that would typically not qualify as on -farm Page 183 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 17 PL200165 diversified uses. While the Tribunal recognizes that context is always critical when conducting this type of assessment, the list notably includes "trucking yards" as typically not qualifying as an on -farm diversified use. While the proposed/existing "Contractor's Yard with the storage of motor vehicles" is not the same thing as a trucking yard per se, the Tribunal finds that it is close in the sense that KJ Excavating uses the Subject Property to store tri-axel trucks and excavation equipment. Section 2.3.3 is therefore instructive and provides additional clarity of the PPS's intent to discourage the type of uses contemplated by the present Applications on the Subject Property. [50] The Tribunal notes that Mr. Barton also considered the policies set out in section 2.3.6 of the PPS which deals with criteria associated with non-agricultural uses in prime agricultural areas. However, as correctly pointed out by the Applicants, this section of the PPS is not relevant in the present case because the Applicants are not proposing that the requested OPA and ZBA should be granted on the basis of satisfying these particular criteria. [51] As a final comment regarding the PPS, the Tribunal notes that the PPS clearly recognizes the preservation of agricultural lands as a priority of its policy. This principle is consistent throughout the PPS. In the present case, the Applicants unequivocally sacrificed at least 1.0 hectares (2.47 acres) of productive agricultural land to build a storage building, driveway, berms and staging/parking area for the purpose of operating their excavation business in a prime agricultural area. While it is true that the Township previously decided to retroactively approve permits to allow construction of the building and grading of the subject area, under the pretense that the development would serve agricultural purposes, this Tribunal will not similarly sanction this development as part of the present appeals. This development was clearly carried out in contravention of the PPS's policies to preserve agricultural lands. Notwithstanding the fact that the Tribunal finds the proposal inconsistent with the PPS for the reasons stated above, the Tribunal also finds that any decision which has the effect of sanctioning the Applicants' already - completed development, which sacrificed productive agricultural lands in a prime agricultural area, would be inconsistent with the PPS's policies designed to preserve Page 184 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 18 PL200165 such lands and, accordingly, contravene section 3(5) of the Planning Act. [52] For the reasons stated above the Tribunal finds that the Applications are clearly inconsistent with the PPS. Planning Act [53] For the same reasons described above, the Tribunal finds the Applications do not have sufficient regard for section 2 of the Planning Act, and subsection 2(b), "the protection of the agricultural resources of the Province", in particular. Growth Plan for the Greater Golden Horseshoe, 2020 [54] The policies within the Growth Plan provide direction on where growth should be distributed and how it should occur regarding development, population growth and employment. Section 4.2.6 of the Growth Plan provides policies directed towards Agricultural Systems. [55] Mr. Vella opined, in support of the Applicants' position, that the subject Applications conform to the Growth Plan, specifically (purportedly) with respect to sections 4.2.6.2 and 4.2.6.1 2. Prime agricultural areas, including specialty crop areas, will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture. 3. Where agricultural uses and non-agricultural uses interface outside of settlement areas, land use compatibility will be achieved by avoiding or where avoidance is not possible, minimizing and mitigating adverse impacts on the Agricultural System. Where mitigation is required, measures should be incorporated as part of the non-agricultural uses, as appropriate, within the area being developed. Where appropriate, this should be based on an agricultural impact assessment. [56] The Township staff report concerning this matter concurred with Mr. Vella's Page 185 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 19 PL200165 opinion, albeit presuming that the Applicants' activities qualify as on -farm diversified uses. [57] Contrary to these conclusions, Mr. Barton opined that the Applications fail to conform with the Growth Plan and policy 4.2.6.2 in particular. As stated earlier in this decision, he takes the position, which the Tribunal has already accepted, that the Applicants' excavation business does not constitute an on -farm diversified use. As it relates to the Growth Plan, Mr. Barton further testified that the Applications do not conform to the Growth Plan since the proposed Contractor's Yard supports an existing industrial use rather than supporting an existing agricultural or agriculture -related use. He opined that the purpose of the Applications would effectively result in a standalone industrial use operating in a prime agricultural area. [58] The Tribunal accepts the evidence and opinion of Mr. Barton and accordingly finds that the Applications do not conform with the Growth Plan. County of Simcoe Official Plan [59] There is no dispute that the Subject Lands are designated "Agricultural" in the County OP Land use Schedule 5.123 and are identified as "prime agricultural land" on the OMAFRA Agricultural System agricultural land base map. In accordance with section 3.6.5, the parties concur that prime agricultural lands, as identified by the agricultural designation in Schedule 5.1, should be protected for long-term agricultural use. Section 3.6.10 directs development on Agricultural lands "wherever possible" to be sited on a property so as to minimize adverse impacts on agriculture, natural heritage, and cultural heritage. [60] The Applicants purport to rely on section 3.6.6 of the County OP, which identifies "on -farm diversified uses" as permitted within areas designated as Agricultural. As it relates to this section of the policy, Mr. Vella again proposed that a contractor's yard, as an on -farm diversified use, would not negatively impact the surrounding agricultural, natural heritage, or cultural features. He characterized the developed area for the Page 186 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 20 PL200165 "contractor's yard" as "pre-existing" which, he claimed, would not consequently remove any agricultural lands from production or impact current agricultural operations or facilities on the subject lands. Following this reasoning, Mr. Vella concluded that the Applications conform to the intent and purpose of the County OP. The same conclusion was reached in the Township planning staff report regarding this matter. [61] The Tribunal rejects these opinions for two primary reasons. First, to repeat earlier findings, the Tribunal does not find that KJ Excavating's business operations qualify as an "on -farm diversified use". Secondly, the Tribunal does not accept that the area developed for the "Contractor's Yard with storage of motor vehicles" does not (or, more accurately, did not) remove any lands from agricultural production. [62] The evidence clearly shows that the lands beneath the new storage building, driveway, berms and gravel staging/parking area, where KJ Excavating now operates, were being farmed before the Applicants developed the lands. To characterize the completed development of these lands as being "pre-existing" is to turn a blind eye to what the Applicants did without prior approval and contrary to the relevant planning policies. [63] The Tribunal finds that the Applicants buried a relatively significant area of productive agricultural lands within a prime agricultural area for uses that are not permitted. The Tribunal does not find that the Township's earlier approval of the Applicants' building/grading permits, on a retroactive basis, has any bearing on the present case before the Tribunal. As stated previously, this Tribunal will not similarly sanction the Applicants' prior unapproved development actions. [64] In support of the Township's position, Mr. Barton testified that the County OP separates agricultural uses from industrial uses and specifies permitted uses in each of these designations. Among other reasons, this is done to achieve compatibility among uses and protection of agricultural uses, lands and character. Accordingly, Mr. Barton opined that the subject Applications are contrary to the County OP by proposing to allow a clearly defined industrial use in an area planned and designated for agricultural uses. Page 187 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 21 PL200165 [65] The Tribunal accepts Mr. Barton's opinion and, together with the Tribunal's findings described above, finds that the Applications fail to conform with the County OP. Township of Oro-Medonte Official Plan [66] There was no dispute that the Subject Property is designated "Agricultural" on Schedule A of the Township Official Plan. [67] Section C1.227 of the Township OP outlines the permitted uses on Agricultural lands. Agriculture is to be the primary or principal land use, while permission may be granted for specified other uses, including a home industry. The Applicants submitted that KJ Excavating's business operations at the subject site constitute a home industry pursuant to the Township's OP. [68] Section C1.3.328 provides policy direction regarding home industries. The Township OP defines home industries as small-scale industrial uses that are accessory and do not detract from primary agricultural or residential uses on the property. [69] The Applicants acknowledge that "[T]he repair, storage or sale of motor vehicles is not considered to be a home industry" under this policy. The Applicants explained that it is because of this policy that an OPA is being sought to allow for the storage of motor vehicles; specifically, six tri-axel trucks that will park at the proposed contractor's yard. [70] Section C1.3.3 provides a list of criteria to be satisfied in order for a home industry to be permitted, subject to re -zoning. The relevant criteria include: a) the building housing the home industry is located within the existing farm -building cluster, if located on a farm property; e) the type and level of traffic generated by the use is compatible with the character of the area and the function of adjacent roads; g) all machinery and equipment, with the exception of motor vehicles, required for the home Page 188 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 22 PL200165 industry is located within enclosed buildings; and i) the home industry has a limited number of employees. [71] As it relates to the definition of home industry, the Tribunal accepts the evidence and opinion of Mr. Barton, insofar as KJ Excavating's business operations at the subject site do not constitute a home industry because it is not a small-scale industrial operation, it is not "accessory" to the primary agricultural uses on the property, and, instead, it detracts from primary agricultural uses on the property. [72] As it relates to the above criteria, the Tribunal further accepts the evidence and opinion of Mr. Barton, as follows: • Contrary to criterion a), the storage building and parking/staging area are not located within the existing farm -building cluster. • Contrary to criterion e), there will be at least 8 employee vehicles travelling to and from the Subject Property on a daily basis (based on the number of parking spaces proposed for employee parking), in addition to the daily transportation of the business' heavy vehicles and trailers. This is not compatible with the surrounding community which is characterized by agricultural uses and single detached dwellings used for residential purposes; • Contrary to criterion g), the Applicants' proposal does not require all machinery and equipment to be located within enclosed buildings. In fact, in an effort to shrink the relative size of the area proposed for the OPA and ZBA, the Applicant specifically excluded the only building capable of housing the business' machinery and equipment within the subject development cluster; and • Contrary to criterion i), 8 full-time employees is more than "a limited number of employees", especially given that this is substantially more than the number of people required to manage the present agricultural operations. Page 189 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 23 PL200165 [73] The Tribunal rejects Mr. Vella's opinion that the proposed contractor's yard will not impact or remove agricultural lands from production because, as stated above, the development has already removed at least 1 hectare (2.47 acres) of agricultural lands from production. [74] For the reasons stated above, the Tribunal also rejects the conclusions of the Township Planning Staff Reports insofar as it found that the proposed OPA and ZBA ,'meet the goals and objectives of the Agricultural Designation and also meets the intentions proposed for Home industry". [75] In summary, for the reasons stated above, the Tribunal finds that the Applications fail to conform with the Township OP. Township of Oro-Medonte Zoning By-law [76] Section 6.0 of the Township's Zoning By -Law provides that "Contractors Yard means an area of land where equipment and materials used by a building and/or excavating contractor are stored and/or where a contractor performs shop or assembly work." [77] Table A3 of the Township's Zoning By -Law indicates that a Contractor's Yard is considered an Industrial use that is permitted in the Township's Rural Industrial (IR) and Economic Development (ED) zones. [78] Mr. Barton opined that, while a Contractor's Yard is a permitted use in certain zones within the Township, it is clear that the Township's Zoning By-law does not contemplate a "Contractor's Yard with the storage of motor vehicles" as a permitted use in the Agricultura/Rural (A/RU) area. The Tribunal finds same. Summary and Conclusions [79] In summary, the Tribunal finds in favour of the Township and accepts the Page 190 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 24 PL200165 evidence and opinion of its expert in land use planning, Mr. Barton, insofar as the Tribunal finds that proposed/existing "Contractor's Yard with the storage of motor vehicles", operating as KJ Excavating on the Subject Property since 2018 or shortly thereafter, does not qualify as an "on -farm diversified use" or "home industry" pursuant to the PPS and applicable policy plans. The proposed/existing use is therefore not appropriate on the Subject Property being in a prime agricultural area. The Tribunal finds that the incompatible impact of this use has already been documented by local residents. [80] The Tribunal further finds that these Applications are an attempt to exploit a limited exception in the applicable agricultural protection policies to legitimize the actions of the Applicants insofar as they have relocated an existing industrial operation, previously and appropriately located in an industrial area, to a prime agricultural area. [81] In conclusion, the Tribunal finds that the Applications are not consistent with the PPS, as informed by the intent of the OMAFRA Guidelines, and similarly do not have appropriate regard for matters of provincial interest. In addition, the Applications do not conform to the Growth Plan, the County's Official Plan nor the Township's Official Plan with respect to the permitted uses in prime agricultural areas. In short, the Applications represent bad planning and are not in the public interest. Lastly, the Tribunal notes that, in coming to its decision, it has had due regard for the Township's decision to twice refuse these and similar Applications by the Applicants. ORDER [82] THE TRIBUNAL ORDERS that: 1. the appeal pursuant to s. 22(7) of the Planning Act is dismissed and the requested amendment to the Official Plan for the Township of Oro-Medonte is refused. 2. the appeal pursuant to s. 34(11) of the Planning Act is dismissed and the Page 191 of 257 14.g) Correspondence dated December 16, 2021 from Ontario Land Tribunal ... 25 PL200165 requested amendment to By-law No. 97-95 is refused. X.R. Andrews" K.R. ANDREWS MEMBER Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal. Page 192 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... Ontario Land Tribunal Tribunal ontarien de I'amenagement du territoire �,9� k AM I IMF Ontario ISSUE DATE: December 24, 2021 CASE NO(S).: OLT-21-001023 PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant/Appellant: Subject: Property Address/Description Variance from By-law No.: Municipality: Municipality File No.: OLT Case No.: OLT File No.: OLT Case Name: Heard: APPEARANCES: Parties Kerissa and David Govender ("Applicants/Appellants") Kerissa Govender Minor Variance 35 Landscape Drive 97-95 Township of Oro-Medonte 2021-A-22 OLT-21-001023 OLT-21-001023 Govender v. Oro-Medonte (Township) November 16, 2021 by video hearing ("VH") Representative Self -represented Township of Oro-Medonte ("Township") No one appeared Horseshoe Valley Property Owners Sonia Faryna Association ("HVPOA") DECISION DELIVERED BY K.R. ANDREWS AND ORDER OF THE TRIBUNAL Page 193 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 2 OLT-21-001023 BACKGROUND AND PRELIMINARY MATTERS [1] The Applicants/Appellants applied to the Township for variances from Zoning By- law No. 97-95 (as amended) to permit the construction of a 3-bedroom apartment dwelling unit in the basement of an existing dwelling at 35 Landscape Drive. The applications were subject to a positive planning report but the requested variances were refused by the Township's Development Services Committee ("Committee"). [2] The Applicants subsequently appealed the decision to the Tribunal. [3] Prior to the hearing, the Township confirmed that it would not participate in the proceedings. [4] At the commencement of the hearing, Sonia Faryna attended on behalf of the HVPOA to seek party status. At the hearing, Ms. Faryna confirmed the following: • The HVPOA is an incorporated group and Ms. Faryna is an officer and vice-president of the association with authority to make decisions on behalf of the association. • On August 27, 2021, the HVPOA learned that council's decision to deny the requested variance would be appealed to the Tribunal. • On September 1, 2021, the HVPOA learned that the Municipality would not participate in the proceedings. • Beginning September 14, 2021, the HVPOA was in regular contact with the Tribunal seeking updates with respect to the status of the case. • On October 8, 2021, the HVPOA received a notice of hearing dated October 7, 2021 from the Tribunal. • On October 18, 2021, the HVPOA filed a party request form with the Tribunal. Page 194 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 3 OLT-21-001023 • In a letter dated November 5, 2021, 11 days prior to the hearing, the Tribunal was notified by James J. Feehely that he had been retained by the HVPOA to represent their interests at the present hearing; however, he was not available to attend the scheduled hearing date and indicated that he would be seeking an adjournment to sometime after December 17, 2021, when he would become available, by way of motion if not on consent. • The HVPOA retained a professional planner, Allan Ramsay, to provide expert opinion evidence on land use planning matters, and he had prepared a report and was ready to testify. [5] The Tribunal dealt with the HVPOA request for party status first, since a non- party cannot seek an adjournment. The Applicants opposed the request, stating that the association is biased against their applications. [6] The Tribunal granted the HVPOA's request for party status for the following reasons: • the association has a genuine stake in the matter through the interests of its members; • the association has retained a professional planner to provide expert evidence, and he would be the only professional planner available to provide such evidence to the Tribunal; • the degree of participation proposed by the HVPOA would be greater than that which is allowed by a group with only participant status; and • given that the Township would not be participating, the hearing would be uncontested without the participation of the HVPOA and the Tribunal found that it would be beneficial to hear opposing viewpoints with respect to the applications. Page 195 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 4 OLT-21-001023 [7] The Tribunal then dealt with the HVPOA's request for an adjournment to allow Mr. Feehely's attendance. The HVPOA submitted that it would be prejudiced if the requested adjournment is not granted due to the fact that they will not have representation by a lawyer. [8] The Applicants opposed the adjournment request stating that they would be prejudiced by delaying the proceedings. [9] The Tribunal denied the request for the adjournment for the following reasons: • the HVPOA had sufficient notice of the hearing to obtain alternative counsel who could attend on the scheduled date, having been aware that the appeal was going to take place since August, aware of the municipality's intent to not participate since early September, and having received the actual notice of hearing on October 8, 2021; • Rule 17.3 of the Tribunal's Rules of Practice and Procedure ("Rules") states that contested adjournments must be preceded by a motion at least 15 days before the date set for the hearing. In the present case, a motion was never formally brought in advance of the scheduled hearing date, and informal notice was only provided 11 days prior to the hearing; • Rule 17.4 states that "[the] Tribunal will grant last minute adjournments only for unavoidable emergencies, such as illnesses so close to the hearing date that another representative or witness cannot be obtained. The Tribunal must be informed of these emergencies as soon as possible". In the present case, no emergency situation was ever claimed by the HVPOA; • despite not having counsel present to assist the HVPOA, the group did have their planning witness available which, the Tribunal found, would mitigate at least some prejudice that they might otherwise suffer as a result of not having legal representation; and Page 196 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 5 OLT-21-001023 • on balance, the Tribunal found that the prejudice caused to the Applicants if the adjournment was granted, due to delay and as a result of a lack of sufficient notice, outweighed the prejudice caused to the HVPOA by denying the request [10] It is noteworthy that, later in the proceedings, the Applicants objected to allowing Mr. Ramsay to testify and the filing of his report as evidence, on account of the fact that the Applicants did not receive his witness statement or report prior to the hearing. At that time, the Tribunal granted the Applicants some time to review Mr. Ramsay's evidence; however, they still objected to his evidence being accepted on the basis that it was served late and they were given insufficient time to review it. [11] The Tribunal found that Mr. Ramsay's testimony and report was important information for the Tribunal to receive and consider, and it would contribute to the fair and proper hearing of the matter, so Mr. Ramsay's evidence would be allowed. However, the Tribunal also recognized the prejudice caused to the Applicants by having received it so late with limited time to review it. The Tribunal therefore gave the Applicants the option of proceeding on the present hearing date, despite suffering this prejudice, or to adjourn the matter to give them further time to review the evidence in advance of the hearing. The Applicants confirmed that they wished to proceed on the present hearing date rather than adjourn, so the hearing continued. VARIANCES REQUESTED AND DECISION OF THE COMMITTEE [12] The minor variances requested are as follows: 1. Re: section 5.4(c) — Apartment Dwelling Units Accessory to a Single Detached Dwelling • Proposed: Maximum Floor Area 130.0 square metres (1,400.0 square feet). Page 197 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 6 OLT-21-001023 • Permitted: Maximum Floor Area 70.0 square metres (753.5 square feet). 2. Re: section 5.20.1.1 —Size of Required Parking Spaces • Proposed: Minimum Length 5.7 metres (18.7 feet) for a parking space within an attached garage. • Permitted: Minimum Length 6.0 metres (19.7 feet). [13] The Committee did not authorize the requested variances, although they were recommended for approval by Township staff, subject to the following conditions: 1. that notwithstanding Section 5.4(c) and Section 5.20.1.1, the development shall otherwise comply with all other applicable provisions of the Zoning By-law, including complying with parking requirements at all times; 2. that the development be substantially and proportionally in conformity with the dimensions as set out on the applications and plans (2021-05-03 BASE and 2021-05-03 MAIN) submitted and approved by the Committee; 3. that the fagade (west face) of the dwelling remain unchanged, with two garage doors remaining in place; and 4. that the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P.13 ("Act"). [14] It is noteworthy that, from the outset, the HVPOA took the position that the two requested variances cannot be considered separately — claiming that if one fails, then they both must fail. The Applicants took the opposite position indicating, for example, that if they succeeded with the variance related to parking, but not with the one related to maximum floor area, then they may choose to proceed with a revised plan to allow a smaller apartment dwelling unit in their basement. Page 198 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 7 OLT-21-001023 [15] The Tribunal finds that, in order to permit an apartment dwelling unit of any size in the basement, the Applicants must at least be successful with their request for a variance related to the minimum length of the requisite parking space located in the garage. This is because at least one parking space for the unit is a requirement of the By-law, there is currently no parking space for the unit that meets the standards of the By-law, and the Applicants have not sought to be excused altogether from the requirement to have a parking space for the proposed unit. [16] To be clear, if the Tribunal finds in favour of Variance 1 (related to maximum floor area) aside from the parking issue, but does not authorize Variance 2 (related to parking), the Applicants would still not succeed in being permitted to develop an apartment dwelling unit in their basement due to a lack of a parking space for the unit. On the other hand, if Variance 2 is authorized, but not Variance 1, the Applicants could still conceivably proceed with a basement apartment unit as -of -right. [17] On this basis, there are three potential outcomes of this matter: 1. that the Applicants are successful with both variance requests and are therefore permitted to proceed with their plan as proposed (subject to other provisions of the By-law); 2. that the Applicants are only successful with the request for Variance 2, and are therefore permitted to proceed with a revised plan to establish a basement apartment unit in their basement (subject to other provisions of the By-law); or 3. that the Applicants are not successful with either variance request. WITNESSES [18] The Applicants primarily relied on the testimony of Derek Witlib, Manager of Planning Services for the Township, who appeared under summons. Mr. Witlib was the Page 199 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 8 OLT-21-001023 author of the planning report recommending authorization of both requested variances. Mr. Witlib was qualified as an expert in land use planning on consent. [19] The HVPOA primarily relied on the testimony of Mr. Ramsay. Mr. Ramsay was also qualified on consent as an expert in land use planning. MATTERS OF PROVINCIAL INTEREST (THE PLANNING ACT), PROVINCIAL POLICY STATEMENT (2020) AND THE GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE (2020) [20] There was no debate that the requested variances before the Tribunal are a matters of local planning interests. [21] It is noteworthy that the Act provides the following with respect to second units within dwellings: • Section 16(3) of the Act requires municipal official plans to authorize second units: - In detached, semi-detached and row houses if an accessory building or structure does not contain a second unit; and • Section 35.1 requires that each local municipality ensure that its zoning by-law gives effect to the policies described in s. 16(3). [22] The parties' respective expert witnesses both acknowledged that the applications are consistent with the Provincial Policy Statement (2020) and conform with the Grow Plan. The Tribunal finds the same and this case will turn on satisfaction of the test contained in s. 45(1) of the Act. Page 200 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 9 OLT-21-001023 SECTION 45(1) OF THE PLANNING ACT [23] When considering a proposed variance, the Tribunal must consider each of the four elements set out in s. 45(1) of the Act to determine if the requested variance: 1. Maintains the general intent and purpose of the official plan; 2. Maintains the general intent and purpose of the zoning by-law; 3. Is desirable for the appropriate development or use of the land; and 4. Is minor in nature. [24] To be authorized, a requested variance must satisfy all four elements. General Intent and Purpose of the Official Plan [25] As contained in his report, Mr. Witlib testified that the subject lands are within a Rural Settlement Area (Horseshoe Valley) as designated by the Township's Official Plan ("OP"). The intent of the Rural Settlement Area designation (Section C3) is: • to maintain and create attractive communities with suitable amenities; and, • to ensure that settlement areas are developed in a logical and cost- effective manner. [26] Mr. Witlib further testified that permitted uses in the Rural Settlement Area designation include, among others, low density residential uses. Section C14 of the OP contains policies specific to the Horseshoe Valley Rural Settlement Area and identifies the subject lands to be within the Horseshoe Valley Low -Density Residential designation. The permitted uses of this designation include single detached dwellings, within which the Township's Zoning By-law permits apartment dwelling units within Page 201 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 10 OLT-21-001023 specific zones (including the subject zone). Mr. Witlib concluded that the requested variances therefore maintain the general intent and purpose of the OP. [27] Mr. Ramsay opined, as it relates to Variance 1, that the increase in floor area to a maximum of 130 square metres ("m211) represents ad hoc and piecemeal planning. He testified that the subject property is within a subdivision made up exclusively of single detached dwellings, all of which are generally similar in size, design and character. He opined that a comprehensive approach is required to determine if large (i.e. almost twice the permitted size) accessory apartment dwelling units should be permitted in this area and only a zoning by-law amendment application could provide the basis for such a request. [28] Mr. Ramsay further opined that, given the size and scale of the proposal and the proposed configuration of the basement unit, the proposal effectively represents the development of a duplex dwelling and not an accessory apartment dwelling unit. He noted that section C14.3.4.5 the Township OP directs the implementing Zoning By-law to place the Applicants' property and surrounding area in a zone that permits only single detached dwellings and accessory uses. He stated that the intent of this policy is to ensure that the single detached character of the area is maintained. He further opined that the introduction of a duplex dwelling will alter the character of the area, will add to the intensity of use on the site and will not maintain the intent of this policy. Once again, he opined that only a zoning by-law amendment application could provide the basis for such a request. [29] The Tribunal accepts Mr. Ramsay's evidence and opinion insofar as the proposed variance to increase the maximum floor area of the proposed secondary unit to 130.0 m2 (1,400.0 square feet ("sq. ft.")), being almost double the allowable area and only marginally less than the size of the principal dwelling, effectively proposes the development of a duplex rather than an apartment unit. The size and scale of the Applicants' plan simply goes too far to be in keeping with the general intent and purpose of the OP to ensure the single detached character of the area. Page 202 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 11 OLT-21-001023 [30] As it relates to Variance 2, Mr. Ramsay opined that the proposed reduction in parking space length should also be rejected because it also represents ad hoc and piecemeal planning. He suggested that the Applicants have failed to demonstrate what, if any, contingency plans are in place to accommodate the required parking should the reduced parking space length not be sufficient. He opined, therefore, that the proposal does not maintain the general purpose and intent of the OP. [31] The Tribunal does not accept Mr. Ramsay's opinion with regards to Variance 2. The applicable sections of the Zoning By-law, which flow from the direction provided in the OP, permits secondary units provided that prescribed parking standards are satisfied. The only question in the present case is whether one space in the garage may be allowed if it falls short by 30 centimetres ("cm"). The Tribunal finds that such a reduction in the length of the parking space is still in keeping with the general purpose and intent of the OP requirement to provide a parking space for the unit. General Purpose and Intent of the Zoning By-law [32] As contained in his report, Mr. Witlib testified that the subject property is zoned Residential One Exception 140 (R1*140) according to Zoning By-law No. 97-95, as amended. The permitted uses of the R1*140 Zone (Section 7.140) include single detached dwellings. Section 5.4 (Apartment Dwelling Units Accessory to a Single Detached Dwelling) permits a maximum of one such apartment unit in a single detached dwelling in the R1, RUR1, RUR2 and A/RU Zones, provided: a) the single detached dwelling has a gross floor area greater than 110 m2 (1,184 sq. ft.), exclusive of the apartment dwelling unit; b) the minimum floor area of the apartment dwelling unit is 50 m2 (538 sq. ft.); c) the maximum floor area of the apartment dwelling unit is 70 m2 (753.5 sq. ft.); Page 203 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 12 OLT-21-001023 d) the apartment dwelling unit has a means of egress to the outside that is separate from any means of egress for another dwelling unit; and e) a window opening in the apartment dwelling unit having an area of 0.30 m2 (3.23 sq. ft.) is located above grade. [33] Mr. Witlib testified that the proposed development complies with all of the above noted provisions, except Section 5.4(c) because the proposed floor area of 130 m2 (1,400 sq. ft.) exceeds the maximum permitted 70 m2 (753.5 sq. ft.). Variance 1 is therefore required to permit the development as proposed. [34] Mr. Witlib opined that the general intent of the Zoning By-law in requiring a maximum floor area for an accessory apartment unit is to ensure that it is secondary and subordinate to the main dwelling unit. Upon this line of reasoning, he concluded that the proposed apartment would remain secondary and subordinate to the main dwelling unit, despite its size, because it is smaller than the approximately 214 m2 (2,300 sq. ft.) floor area of the existing single detached dwelling (including only the main floor and upper partial -storey areas). [35] Mr. Ramsay did not disagree with Mr. Witlib as a matter of principle, insofar as the intent of Zoning By-law is to limit the maximum floor area of an apartment unit to ensure that it is subordinate in size and scale to the principal dwelling. However, Mr. Ramsay disagreed that this is satisfied by merely having the principal dwelling unit slightly larger than the proposed apartment unit on a mathematical basis. He testified that the proposed apartment dwelling is a large 3-bedroom unit with a floor area of 130 m2 that nearly doubles the floor area permitted for such an apartment unit (70 m2) and, by comparison, it also far exceeds the By-law's minimum first floor area (90 m2) requirements of a single detached dwelling. He concluded that the proposed unit will not be subordinate to the single detached dwelling because it is far too large and, in fact, it is close to being equal in size to the principal dwelling. Page 204 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 13 OLT-21-001023 [36] The Tribunal accepts Mr. Ramsay's evidence and opinion regarding Variance 1 and similarly finds that it does not maintain the general intent and purpose of the Zoning By-law. [37] As it relates to Variance 2, Mr. Witlib noted that Section 5.19 (Parking Standards) is applicable to the present case, which includes the following minimum parking requirements: • Single detached dwelling minimum of 2 parking spaces. • Accessory apartment dwelling unit minimum of 1 parking space. [38] In his initial planning report, Mr. Witlib incorrectly observed that the subject property has a total of four available parking spaces: two spaces inside the attached garage and two spaces in the driveway. He concluded, incorrectly, that since the proposed development only requires a minimum of three parking spaces (2 spaces for the main dwelling and 1 space for apartment), it therefore satisfies the parking requirements of the Zoning By-law application. This oversight was apparently corrected at the time of the Committee hearing of this matter. [39] During his testimony before the Tribunal, Mr. Witlib recognized that the parking spaces provided in the garage do not meet the minimum length of 6.0 metres ("m") set out in Section 5.20.1.1 of the By-law. Strictly speaking, therefore, the subject property only has two conforming parking spaces, both outside in the driveway. This means that Variance 2 is necessary to satisfy the requirement for three parking spaces total for both units. [40] Mr. Witlib opined that Variance 2 maintains the general purpose and intent of the Zoning By-law, citing other jurisdictions in the area which only require a 5.5 m minimum length to meet parking standards. Given that the present variance request only seeks to reduce the minimum to 5.7 m, he concluded that other jurisdictions' minimum of 5.5 m is Page 205 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 14 OLT-21-001023 proof positive of the relatively minor nature of the request and absence of interference with the general purpose and intent of the Zoning By-law to provide adequate parking for both units [41] It is noteworthy that the Applicants submitted photographs of the inside of their garage, being 5.7 m in length, showing a medium sized SUV and full-sized multi - passenger van fitting in with the garage doors closed. The conclusion that should be reached, the Applicants submitted, is that the size of their garage is suitable for most vehicles, even relatively large vehicles, which demonstrates that the general intent of the Zoning By-law (to provide adequate parking for each unit) will be maintained if Variance 2 is authorized. [42] Mr. Ramsay disagreed in this respect. While he recognized that most vehicles can be accommodated with a parking space length of 5.7 m, the exceptions being some pick-up trucks and larger SUVs, he opined that the reduced parking space length in the garage does not maintain the general intent and purpose of the Zoning By-law because the garage parking space will not accommodate "vehicle types that appear to be commonly found in the area". [43] The Tribunal accepts the evidence and opinion of Mr. Witlib insofar as he concludes that Variance 2 maintains the general purpose and intent of the Zoning By- law to provide adequate parking for each unit, with the evidence showing that the space in the garage can accommodate large vehicles, and other jurisdictions in the area only require a 5.5 m length to meet parking standards. Desirable for the Appropriate Development or Use of the Land [44] Mr. Witib primarily addressed the third element of the s. 45(1) test in relation to Variance 1 through cross-examination. When asked to opine whether or not he believed that an approval of the requested variance would open the floodgates for more similar Page 206 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 15 OLT-21-001023 development in the area, he replied that he did not believe so, citing the fact that the Zoning By-law already allows apartment dwelling units as -of -right. [45] In response to public concerns respecting adequate amenity space on the subject property for two dwelling units, Mr. Witlib responded by opining that the spaces provided are adequate when combined with available parkland and public open spaces in the surrounding community. Regarding nuisance concerns, he testified that any matters of nuisance would be associated with individual behaviours and are not land use planning matters. [46] As it relates to Variance 1, Mr. Ramsay opined that the proposed increase in the floor area of a secondary dwelling unit is not desirable for the appropriate development of the site or general area. As stated previously, he opined that it will facilitate the development of a large 3-bedroom dwelling unit that will function as part of a duplex dwelling, which is not permitted on the property or within the surrounding area. He further pointed out that the proposed dwelling unit lacks direct access to the rear yard amenity area, which is also undesirable in his opinion. [47] The Tribunal accepts Mr. Ramsay's evidence and opinion insofar as the requested increase in the maximum floor area of the proposed apartment unit is not desirable because it will facilitate the development of a duplex dwelling which is not permitted and contrary to the established character of the area. [48] As it relates Variance 2, Mr. Witlib addressed the parking issue in his planning report and testimony; however, as stated above, he overlooked the fact in his initial report that the spaces in the garage are actually undersized and do not technically qualify as available parking spaces without a variance to the Zoning By-law. Just the same, in both his report and testimony, he acknowledged that Variance 2 would only be desirable if the requested variance was granted with a condition to ensure parking for each unit is not obstructed (i.e. parking for each unit is maintained beside each other, Page 207 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 16 OLT-21-001023 and the parking area in the garage is not later occupied by storage). The following condition was recommended in this respect: That notwithstanding Section 5.4(c) and Section 5.20.1.1, the development shall otherwise comply with all other applicable provisions of the Zoning By-law, including complying with parking requirements at all times; [49] Regarding Variance 2, Mr. Ramsay essentially repeated his previous opinion insofar as he opined that the proposed reduction in parking space length is not desirable for the orderly development of the lands because, in his opinion, the requested parking space length of 5.7 m will not accommodate vehicle types that appear to be commonly found in the area, and it may lead to alternative parking arrangements being required off -site. [50] The Tribunal does not accept Mr. Ramsay's opinion regarding Variance 2, and finds that the slight reduction in the minimum parking space length is desirable for the orderly development of the lands to allow the development of an apartment unit, of an appropriate size, within the existing dwelling unit. The Tribunal further finds that the condition described above is adequate to address the concerns identified by Mr. Witlib. Minor in Nature [51] Mr. Witlib opined that the question of whether or not the Variances 1 and 2 are minor in nature relates to its respective scale and impact, taking into account the totality of the variances' potential impacts on the subject lands and the surrounding community. He concluded that the requested variances would not materially change or interfere with the function or use of the subject lands, would not negatively impact the use and enjoyment of surrounding properties, and would not detract from the existing residential character of the neighbourhood. Page 208 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 17 OLT-21-001023 [52] When asked to elaborate during cross-examination, given that Variance 1 purports to almost double the maximum allowable floor space of the proposed apartment, he testified that "size isn't everything". He opined that the impact on the use of the property and surrounding community would not change between the development of a 750 sq. ft. apartment and one that is 1,400 sq. ft. When asked to compare the maximum floor area of the applicable by-law to those of other nearby jurisdictions, Mr. Witlib testified that many municipalities do not cap the maximum floor area at all — focus is often only on minimum floor areas. [53] Regarding Variance 1, Mr. Ramsay opined that the requested increase in the maximum allowable floor area is not minor because it will facilitate development that is not compatible with the area. He testified that the proposed increase in floor area will intensify the use of the property beyond what is expected of an apartment unit. [54] Mr. Ramsay further testified that the two proposed units in the subject dwelling are both designed with 3 bedrooms, featuring similar living areas, and generally offer accommodations for similarly sized housekeeping units. He pointed out that the outdoor amenity requirements for each dwelling unit will also be the same and, in his opinion, the shared use of the rear yard amenity area by both units will result in adverse impacts on the neighbouring properties. [55] The Tribunal accepts Mr. Ramsay's evidence and opinion insofar as the proposed size of the apartment unit is simply too large in comparison to the remainder of the principal dwelling unit to be considered minor. [56] As it relates to Variance 2, Mr. Ramsay opined that the proposed reduction in parking space length is not minor and will result in adverse impacts if on -site parking is not available due to the undersized parking space. He further opined that, if on -site parking cannot accommodate an occupant's vehicle length, then parking will likely occur on the street, most likely in conflict with neighbouring properties and in contravention of the Township's Parking and Traffic By-law. Page 209 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 18 OLT-21-001023 [57] The Tribunal does not accept Mr. Ramsay's opinion with respect to Variance 2 and finds that the 30 cm reduction in the minimum parking space length in the garage is minor. While it is possible that the proposed parking area in the garage might not fit the length of all vehicles, the evidence shows that it will in fact fit large vehicles. SUMMARY AND CONCLUSIONS [58] Regarding the proposed Variance 1, the Tribunal finds that the size and scale of the proposed development is simply too large in the context of the subject property. It amounts to creating a duplex rather than an apartment unit. The requested variance fails to satisfy any of the four elements of the s. 45(1) test and therefore cannot be authorized. [59] Regarding the proposed Variance 2, the Tribunal finds that a 30 cm reduction in the minimum parking space length meets all four elements of the s. 45(1) test. The requested variance should therefore be authorized subject to the condition related to parking that was recommended at the Committee hearing. [60] Regarding the condition associated with Variance 2, it is noteworthy that Mr. Ramsay suggested that, if this variance was approved, it should only be authorized together with some sort of restrictive covenant registered on title of the property, warning potential purchasers that the property includes an undersized parking space. The Tribunal considered this option as a condition, but finds that it is not necessary in the present circumstances because the evidence shows that the subject parking area will accommodate large vehicles. ORDER [61] THE TRIBUNAL ORDERS that the appeal is allowed in part and the variance to Zoning By-law No. 97-95 (as amended) to permit the Minimum Length of 5.7 metres Page 210 of 257 14.h) Correspondence dated December 24, 2021 from Ontario Land Tribunal ... 19 OLT-21-001023 (18.7 feet) for a parking space within an attached garage is authorized subject to the following condition: 1. That notwithstanding Section 5.4(c) and Section 5.20.1.1, the development shall otherwise comply with all other applicable provisions of the Zoning By-law, including complying with parking requirements at all times. [62] In all other respects, the appeal is denied. X.R. Andrews" K.R. ANDREWS MEMBER Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal ("Tribunal'). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal. Page 211 of 257 14.i) Correspondence CRIME Muskoka coe Dufferin Muskoka STOJDF[ERS 1-800-222-8477 January 5, 2022 dated January 5, 2022 from Whitney Walsh, Vice Pres... 20 Rose Street Barrie, Ontario L4M 2T2 Harry Hughes Township of Oro-Medonte Administration Centre 148 Line 7 South Oro-Medonte, On LOL2E0 RE: January Crime Stoppers Flag Raising Dear Mayor Huges Administration: (705) 726-2237 1-800-567-2043 Fax: (705) 726-3067 E-mail: crimestoppersofs.d.m.@csolve.net Crime Stoppers of Simcoe-Dufferin-Muskoka would like to make a request to have our Crime Stoppers flag raised during Crime Stoppers month in January 2022. We would appreciate your consideration in flying the Crime Stoppers flag during the month of January and would be honoured if you would attend and raise the flag with our local board and committee members. Please provide us with a date in January that would be most convenient for the Township of Oro-Medonte and yourself to raise our flag so that we may notify the media accordingly. As Crime Stoppers is a civilian, non-profit charitable organization that brings together in a cooperative relationship the police services of a community, the media and members of the community in the fight against crime. Since Crime Stoppers is not a police program, it is important for our organization to provide as many awareness events possible to provide this information to the public and we would greatly appreciate your assistance. Thank you in advance for your consideration in attending this event. Kind regards, Whitney Walsh, Vice President Crime Stoppers of Simcoe Dufferin Muskoka Page 212 of 257 14.i) Correspondence CRIME Muskoka coe Dufferin Muskoka STOJDF[ERS 1-800-222-8477 January 5, 2022 dated January 5, 2022 from Whitney Walsh, Vice Pres... 20 Rose Street Barrie, Ontario L4M 2T2 Harry Hughes Township of Oro-Medonte Administration Centre 148 Line 7 South Oro-Medonte, On LOL2E0 RE: January is "Crime Stoppers Month" Dear Mayor Hughes, Administration: (705) 726-2237 1-800-567-2043 Fax: (705) 726-3067 E-mail: crimestoppersofs.d.m.@csolve.net We need your assistance in our continuing effort to promote Crime Stoppers in your community and it would be greatly appreciated if you would recognize CRIME STOPPERS by presenting a motion to declare or proclaim January as "Crime Stoppers Month". CRIME STOPPERS, of Simcoe-Dufferin-Muskoka was established on January, 12, 1987 and became incorporated as a non-profit charitable organization on February 11, 1987. The program is operated by a volunteer Board of Directors, who oversees all phases of the program. CRIME STOPPERS is not a Police program nor funded by the provincial or federal government or from police agencies. The program is operated solely with monies generously donated from the private sector, businesses or raised through fundraising efforts of the volunteer Board of Directors and committee volunteers. CRIME STOPPERS is a program that benefits everyone in the community and in 2005 Crime Stoppers International was recognized by the United Nations as a global force in the fight against crime and terrorism; CRIME STOPPERS mandate is to assist the Police in solving crimes thereby making our communities and schools safer. Through the media, the public is encouraged to call a province wide toll free number 1-800-222- 8477 with any information about a crime that has occurred or is about to occur. If the information provided solves or prevents a crime, the anonymous caller is eligible for a cash reward. Anonymous calls to CRIME STOPPERS of Simcoe-Dufferin-Muskoka have assisted the Police and other investigative agencies in making 4,890 arrests, recovering stolen property valued at almost $13 million and seizing over $73 million in illegal drugs. For this information, Crime Stoppers has approved $404,622 in cash rewards and received over 64,600 tips. Thank you for your support, Whitney Walsh- Vice President Crime Stoppers of Simcoe Dufferin Muskoka Page 213 of 257 �n So 15.a) Corres c�� t 1 FpRi 7_20 o IS rn Sound Environme... §OURCE PROTECTIO _ - ACT FOR CLEAN WATER „ty�:'4\` Lake SimcoeRegion Scuth Georgian Bay Lake Slmcoe Source Protection Region nOns�rvdti0n auth5rity December 16, 2021 Via email:yaubichon(a)oro-medonte.ca Yvonne Aubichon, Clerk The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Ms. Aubichon, RE: Amendments to South Georgian Bay Lake Simcoe Source Protection Plan Notification of Consultation Pursuant to Section 34(3)(c) of the Clean Water Act 2006 and Ontario Regulation 287107 WRITTEN COMMENTS DUE BY FRIDAY, JANUARY 28, 2022 The Severn Sound and Lake Simcoe Source Protection Authorities (SPA) are proposing amendments to the South Georgian Bay Lake Simcoe (SGBLS) Source Protection Plan under Section 34 of the Clean Water Act, 2006. These amendments will incorporate new technical work completed for the following; • Wells 1 and 2 as part of the Braestone system, which is currently private but will be switching to a municipally -owned and operated system once all approvals are in place. • Well 2 as part of the Maplewood Estates system, this well was not included in the 2015 Approved Assessment Report and needs to be brought into the Source Protection Plan. • Well 1-2019 as part of the Robincrest system, as a direct replacement well was needed. Over the past several months, SPA staff have been working with Township of Oro-Medonte staff to finalize these amendments. BACKGROUND You may recall as part of previous correspondence, section 34 of the Clean Water Act, 2006 provides an SPA with the option to amend the source protection plan. As part of the Section 34 process, SPAS are required by the Province to formally inform all relevant bodies responsible for implementing Source Protection Plan policies of the proposed changes during pre - consultation. As the process is now in the public consultation stage, you are once again being informed of the proposed changes and being invited to provide written comments. Ms. Aubichon, Township of Oro-Medonte December 16, 2021 Pagel of 4 Page 214 of 257 �n So 15.a) Corres Vnj4t F@lib 7-20 o rn Sound Environme... §OURCE PROTECTION _ ACT FOR CLEAN WATER °4 Lake SimcoeRegion Sawh Georgian Bay Lake Slmcoe Source Procecrion Region - "' conservation authority You are receiving this correspondence as you represent one of the implementing bodies for the SGBLS Source Protection Plan that is impacted by the proposed amendments. Specifically, this correspondence is to inform you that: all Source Protection Plan policies, which were approved by the Minister, have been extended to new locations within the new and updated wellhead protection areas; and further to request written comments be provided by Friday, January 28, 2022. NEXT STEPS Following the period of Public Consultation, where warranted, revisions will be made to Source Protection Plan text and mapping. After that, the proposed amendments will be submitted to the Minister of the Environment, Conservation and Parks for consideration and approval. REQUEST FOR WRITTEN COMMENTS At this time, we welcome your feedback on the proposed amendments in writing. These comments can be sent via email to mcarruthers(a)severnsound.ca and/or m.wilson(a)lsrca.on.ca by 4.30 p.m. on Friday, January 28, 2022. If you require further information or have any questions, please do not hesitate to contact Melissa Carruthers (705- 534-7283 ext. 205) or Mike Wilson (905-895-1281 ext. 281). Thank you for your continued support and participation in efforts to protect our sources of drinking water. Yours truly, Melissa Carruthers Risk Mgmt. Official/ Risk Mgmt. Inspector Severn Sound Environmental Association mcarruthers(a)severnsound.ca 705-534-7283 x. 205 Bill Thompson Manager, Watershed Plans and Strategies Lake Simcoe Region Conservation Authority b.thom pson(a-)LSRCA.on.ca 905-895-1281, ext. 271 CC: Andria Leigh, Director - Development Services, Township of Oro-Medonte Garry McCartney, Chief Building Official, Township of Oro-Medonte Sherri Moore, Septic Inspector, Township of Oro-Medonte Michelle Jakobi, Director, Environmental Services, Township of Oro-Medonte Encl: Rationale for and Summary of Changes to Source Protection Plan Ms. Aubichon, Township of Oro-Medonte December 16, 2021 Page 2 of 4 Page 215 of 257 �n So 15.a) Corres ftt 1 FpRib 7-20 o iS rn Sound Environme... ©URGE PRCITECTION _ ACT FOR CLEAN WATER °4 Lake SimcoeRegion Scuth Georgian Bay Lake Slmcoe Source Protection Region conservahQn authority RATIONALE FOR AND SUMMARY OF CHANGE TO SOURCE PROTECTION PLAN Braestone Braestone is currently a Non -Municipal, Year -Round Residential drinking water system in the Township of Oro-Medonte. Water is supplied by two groundwater wells, Well 1 (drilled in 1990) and Well 2 (drilled in 2008). To date, it is servicing approximately 121 residents, and the Township, Developer, and Engineer all work together to operate the system similar to a Large Municipal Residential System. The ownership of the system will be switching from Braestone Development Corporation to the Township to be operated as a municipal system. As such the Oro-Medonte chapter of the Approved Assessment Report: Severn Sound Source Protection Area needs to be updated to include this system so that policies in the Source Protection Plan would apply. Technical work to delineate the wellhead protection area, vulnerability scores, and threat assessment has been completed by Golder Associates (2020). The supplementary mapping of managed lands, livestock density, and impervious surfaces has been completed by the Severn Sound Environmental Association (2020) following the Director's Technical Rules (2017) under the Clean Water Act, 2006. Summary of Changes • Wellhead Protection Area (WHPA) Delineation: Wellhead protection area A was added to include the 100 m radius from each municipal well. Wellhead protection areas B, C, and D for the Braestone wells were delineated using a 3-dimensional numerical groundwater flow model and reflects groundwater flow from south to north. • Threats Enumeration: Eight (8) significant drinking water threats were identified in the proposed wellhead protection area, all relating to small on -site sewage systems. • Policy Changes: No changes are needed to the policies in the South Georgian Bay Lake Simcoe Source Protection Plan. Existing policies will simply be extended to the new locations within the proposed wellhead protection areas. The relevant assessment report sections and associated amendments can be found on the internet at https://www.severnsound.ca/programs-protects/source-water-protection Maplewood Estates In 2019 Well #2 was constructed in order to increase lost capacity due to aging infrastructure and provide redundancy within the Maplewood Estates wellfield. Lake Simcoe Region Conservation Authority staff assisted the Township of Oro-Medonte by preparing a technical report and updating the required maps and drinking water system Ms. Aubichon, Township of Oro-Medonte December 16, 2021 Page 3 of 4 Page 216 of 257 �n So 15.a) Corres ftt 1 FpRib 7-20 o iS rn Sound Environme... ©URGE PRCITECTION _ ACT FOR CLEAN WATER °4 Lake Simcoe Region Scuth Georgian Bay Lake Slmcoe Source Protection Region conservation authority summary for the update. As part of the technical work, Severn Sound Environmental Association staff also updated the threats assessment and ensured that current South Georgian Bay Lake Simcoe Source Protection Plan policies were adequate. Summary of Changes • Wellhead Protection Area (WHPA) Delineation: Wellhead protection area A was added to include the 100 m radius around Well #2. As a result of the technical work the Maplewood Estates wellhead protection area expanded slightly to the north-northeast, with most of the expansion within the WHPA-D. Similarly, the vulnerability scores within the Maplewood Estates Well Supply WHPA have changed as a result of the update. • Threats Enumeration: Five (5) additional potential significant drinking water threats (SDWTs) were identified in the updated wellhead protection area, all relating to small on -site sewage systems. • Policy Changes: No changes are needed to the policies in the South Georgian Bay Lake Simcoe Source Protection Plan. Existing policies will simply be extended to the new locations within the proposed wellhead protection area. The relevant assessment report sections and associated amendments can be found on the internet at https://www.severnsound.ca/programs-protects/source-water-protection Robincrest In 2018 a new municipal supply well was constructed (Well 1-2019) as part of the Robincrest well field to replace a deteriorating well (Well TW 1/76) which was decommissioned in late 2018. It was determined by AECOM (2019) that changes to the technical work (including mapping) contained within the SGBLS Source Protection Plan and/or Assessment Report is not required, due to the following rationale: Well 1-2019 is located within 10 meters of the decommissioned Well TW 1/76; it is screened in the same aquifer; no additional significant drinking water threats would be added, and; the permitted water taking rate was not changing. Summary of Changes • Wellhead Protection Area (WHPA) Delineation: Wellhead protection area A was shifted slightly (by 10 m) to include the 100 m radius around the replacement well (Well 1-2019). • Threats Enumeration: no additional significant drinking water threats were identified. • Policy Changes: No changes are needed to the policies in the South Georgian Bay Lake Simcoe Source Protection Plan. Existing policies will simply be extended to the new locations within the proposed wellhead protection area. The relevant assessment report sections and associated amendments can be found on the internet at https://www.severnsound.ca/programs-protects/source-water-protection Ms. Aubichon, Township of Oro-Medonte December 16, 2021 Page 4 of 4 Page 217 of 257 15.b) Correspondence dated January 7, 2022 from Eric Harkonen, Founder/P... 0 R D I C P Eric T. Harkonen Vetta Spa Inc. 3210 Line 3 North Oro-Medonte, ON LOL 21-0 January 7, 2022 Mayor Hughes and Councillors Township of Oro-Medonte Subject Line: Vetta Nordic Spa (Vetta) — Resolution to the Final Site Plan Securities Dear Mayor Hughes & Councillors, As background, Vetta has achieved Occupancy with the Oro-Medonte Building Department on December 3rd, 2021 and started soft opening on December 14th, 2021. Recently, Vetta has been forced to close down part of its operations (saunas, steam rooms, and bistro) as of January 5th until at least January 27th due to the Ontario Government lockdown. Vetta paid the Township $296,444.03 for site plan securities in October 2019. During construction, Vetta submitted 2 progress reports and received a portion of securities back. The amount of remaining securities is $98,467.29. Vetta is requesting the full reimbursement of the remaining site plan securities. According to the Construction Lien Act, Vetta has achieved the final and full completion of the project and there are no liens on the affected lands. See attached a copy of the title search. The Civil Engineer-of-Record's letter from WMI is attached indicating that 100% of the site works is complete. As per the attached letter from WMI, there is also recognition that there are potential deficiencies in the site works such as erosion and fine grading of the parking lot which cannot be fully assessed until the Spring 2022. The estimate provided by WMI for these potential deficiencies is $9,940 (including HST). While the Township staff recommend that these potential deficiencies be "held back" from the final payment, Vetta is requesting that the full site plan securities is returned as soon as possible. Page 218 of 257 15.b) Correspondence dated January 7, 2022 from Eric Harkonen, Founder/P... Vetta proposes the Township is able to increase Vetta's tax bill by $9,940 if the following conditions occur: • review of the Vetta site by the Township staff in the Spring '22 that these potential deficiencies exist; • the Township provides notice/direction to Vetta after their site review and lists any deficiencies; • if required, WMI is asked for mediation in case of disagreement between the Township and Vetta on the deficiencies; • Vetta fails to comply with mitigation of these deficiencies within 4 months. This will remove any liability concern from the Township and provide these critical funds to Vetta at this time. Given the challenges that Vetta faces in the immediate future with the government lockdown, Vetta is in need of these funds it paid well over 2 years ago. Thanks in advance for your understanding and support. Sincerely, Eric T. Harkonen, P.Eng., MBA, PMP Founder/President Vetta Spa Inc. Page 219 of 257 Correspondence dated January 7, 2022 from Eric Harkonen, Founder/P... 1j N 01 d WMI & Associates Limited 119 Collier Street, Barrie, Ontario, L4M 1 H5 P (705) 797-2027 F (705)797-2028 Dec 15, 2021 Via: Email Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2E0 Attention: Mr. David Saunders, B.E.S., C.E.T. Manager, Development Engineering Re: Vetta Spa 3rd Line WMI File No. 17-442 Dear Mr. Saunders, On behalf of the developer, Vetta Spa, we request a reduction to the securities for the works completed to date on the Vetta Spa site. Further to section 5.0 of the Site Plan Agreement, we note as follows: a) This letter will confirm that WMI certifies that the works installed to date which include the site servicing (water, sanitary and storm) and road work including granular A, B & CRL have been completed in general conformance with the Accepted For Construction plans. We have identified a few minor items that may need rectification in the Spring of 2022 and these are listed in the attached deficiency spreadsheet. We are attaching a copy of the works completed along with the estimate of the estimated deficiency amount If you could please advise us of your approval at your earliest convenience, it would be much appreciated. If you require anything further, please contact the undersigned. Yours truly, WMI & Associates Limited I A. dl'-4 Stephen Morash, P. Eng. Cc: Vetta Spa — E. Harkonen \\WM I-SERVER\wmi-server\Data\Projects\2017\17-442\Correspondence\Letters\211215_Letter.docx Page 220 of 257 wml�Qqrnriespondence dated January 7, 2022 from Eric HarkoneR5o,-FGu4,1der/P... Land Development Engineers Project No.: 17-442 Date: Dec 15, 2021 Reduction #3 Securities Prepared By: SM Vetta Spa Reviewed By: SM Item Description Estimat Unit Estimated Estimated % % Amount No. Quantity Price Item Total Complete as of June 04, 2020 Complete as of Dec 02, 2021 Complete 1 Erosion / Sediment Controls a) Silt fence 400 m $12.00 $4,800.00 100% 100% $4,800.00 b) Mud Mat 1 LS $2,250.00 $2,250.00 90% 100% $2,250.00 c)Straw bale check dams 15 ea $22.00 $330.00 90% 100% $330.00 Sub -total ii $7 380.00 $7 380.00 2 Sanitary Sewers a) 1200mm dia. manhole 5 ea $4,500.00 $22,500.00 100% 100% $22,500.00 b) 200mm dia. sewer 353 m $122.00 $43,066.00 100% 100% $43,066.00 c) Connection to MH (3rd line) incl. road restoration 1 ea $15,000.00 $15,000.00 100% 100% $15,000.00 Sub -total $80,566.00 $80,566.00 3 PVC Watermain & Appurtenances a) Watermain 200mmO 199 m $120.00 $23,880.00 100% 100% $23,880.00 b) Watermain disinfection & testing 1 LS $1,500.00 $1,500.00 100% 100% $1,500.00 c) Watermain Connection (Dry Tap & Valve) incl. road restoration 1 LS $9,000.00 $9,000.00 100% 100% $9,000.00 d) Fire Hydrant 2 ea $4,000.00 $8,000.00 100% 100% $8,000.00 Sub -total $42 380.00 $42 380.00 4 SWIM works a) Enhanced Grass Swales 91 sq.m $18.00 $1,638.00 75% 100% $1,638.00 b) Infiltration trenches 30 m3 $95.00 $2,850.00 75% 100% $2,850.00 c) pond inlet rip rap 250 sq.m $40.00 $10,000.00 100% 100% $10,000.00 d) culverts 7 ea $2,350.00 $16,450.00 100% 100% $16,450.00 e) ditching 710 m $16.00 $11,360.00 90% 100% $11,360.00 f) turfstone pavers outlet structure 1 LS $5,000.00 $5,000.00 100% 100% $5,000.00 g) 300mmO solid subdrain 76 m $75.00 $5,700.00 100% 100% $5,700.00 h) 150mmO pert. subdrain 170 m $18.00 $3,060.00 100% 100% $3,060.00 Sub -total $56,058.00 $56,058.00 5 Roads & Surface Works Supply, Place & Compact Granular Material a) Granular A (150mm thick) 1940 sq.m $9.00 $17,460.00 90% 100% $17,460.00 b) Granular B (350mm thick) 1940 sq.m $11.00 $21,340.00 90% 100% $21,340.00 Supply, Place & Compact Asphaltic Concrete c) Concrete Curb 371 m $52.50 $19,477.50 0% 100% $19,477.50 d) Subdrain 371 m $25.00 $9,275.00 0% 100% $9,275.00 e) Signs Fire Route +Stop 10 ea $225.00 $2,250.00 0% 100% $2,250.00 Note 1. VETTA SPA confirmed Fire Dept. verified signage is acceptable. Guest/ Staff Parking Lot Work Supply, Place & Compact Granular Material a) CRL (300mm thick) 4474 sq.m $14.25 $63 754.50 80% 100% $63 754.50 $133,557.00 $133,557.00 Sub -total Earthworks a) earth import and placement for subject site' 25206 m3 $6.00 $151,236.00 75% 100% $151,236.00 Note 1. earth import 25,206 m3 (this number is based on the revised grading on 3rd subm. which reduced import required) Also note that to construct the swm pond only would require 880m3 of material. Please note the subtotal of section 4. SWIM works changed from the June 17/18 D. Saunders Memo resulting from removal of 975mm conc pipe, # culverts, conc outlet structure & reduced earthworks per Note 1 above Sub Total: $471 177.00 $471 177.00 $47,117.70 $47,117.70 Contingency 10 % HST (1.76%) $9,121.99 $9,121.99 Total Estimate of Servicing Cost for Securities $527 416.69 $263,708.35 Security Reduced to 50% per Township agreement (i) Total Works completed To Date $527,416.69 (iv) Deficiency Amount Excl. Construction Lien Refer to $0.00 Security to Remain Total works completed (iii) - Eligible @ 50% $263,708.34 Total works completed (iii) - Eligible @ 50% less holdback (iv) $263,708.34 Amount Withheld (Security to Remain) $0.00 $263,708.34 Current Total Reduction Less Previous Reduction $185,663.78 This Reduction $78,044.56 Page 221 of 257 »vvmistHvtrawm�servenua�a�Nr �ecr�zor nr i-0asuasigma�_tsoma�s�zn zo i_secunryHeas as: Page of 1 wml*&4KDeovesPondence dated January 7, 2022 from Eric Harkone aFeu-nder/P... Land Development Engineers Proje .. 11112 W..KY Date: Dec 15, 2021 Reduction #3Securities Prepared By: SM Vetta Spa Reviewed By: SM Item Description Estimat Unit Estimated Estimated % % Amount No. Quantity Price Item Total Complete as of June 04, 2020 Complete as of Dec 02, 2021 Complete 1 Landscape Site Works 1.1 Site Works 1.1.1 Removal and Grading 1 LS $5,000.00 $5,000.00 100% 100% $5,000.00 1.1.2 Topsoil and Placement 500 m' $75.00 $37,500.00 60% 100% $37,500.00 1.1.2 Sodding (hydroseed) 1000 sq.m $6.00 $6,000.00 0% 100% $6,000.00 Sub -total $48 500.00 $48 500.00 2 Stormwater Pond Works 2.1 Stormwater Pond Works 2.1.1 FACW Wetland Seed Mix 2520 sq.m $3.00 $7,560.00 0% 100% $7,560.00 2.1.2 Simcoe County Seed Mix 810 sq.m $3.00 $2,430.00 0% 100% $2,430.00 $9,990.00 $9,990.00 Sub -total Please note the original Landscape estimate was prepared by Stefan Bolliger Sub Total: $58 490.00 $58 490.00 $5,849.00 $5,849.00 Contingency 10 % HST (1.76%) $1,132.37 $1,132.37 Total Estimate of Servicing Cost for Securities $65,471.37 $32,735.69 Security Reduced to 50% per Township agreement (i) Total Works completed To Date $65,471.37 (iv) Deficiency Amount $9,940.00 Security to Remain Total works completed (iii) - Eligible @ 50% $32,735.68 Total works completed (iii) - Eligible @ 50% less holdback (iv) $22,795.68 Amount Withheld (Security to Remain) $9,940.00 $22,795.68 Current Total Reduction Less Previous Reduction $12,312.96 This Reduction $10,482.72 Page 222 of 257 VAWM I SERVE —server -APm —ton\n-042\Durg,\Co4_Estimz—E 11207S—rtyR-xls, 1 of 1 h\ e4n+eNeA Inr%r tnrxi 7 Or)00 frnm Crin LInrLnr%or% WMI &Associates Limited Project: Victoria Woods P11 �1■ Land Development Engineers Project No.: 08-042 Date: Dec. 15, 2021 Estimate of Probable Cost for Deficiencies Prepared By: SM Vetta Spa Reviewed By: SM Item Description Estimated Unit Estimated Unit Estimated No. Deficiencies Quantit Price Item Total a vegetate exposed soils, repair erosion areas in Spring 2022 1 LS $2,000.00 $2,000.00 b fine grade parking Iot/swale 1 LS $2,500.00 $2,500.00 c repair curb damage 1 LS $2,000.00 $2,000.00 d Clean slit / debris from Manholes and storm sewers. 1 LS $1,500.00 $1,500.00 Sub Total: $8,000.00 $800.00 Contingency (10 % ): Sub Total: $8,800.00 $1,144.00 H ST (13%) Total Estimate of Probable Cost: $9,940.00 Founder/P... Page 223 of 257 \\WMI-SERVER\—s.I—\Dzta\Projects\201x\1x-442\Dasign\Cast_Estimztas\211215_CostEst_Defici... ias xlsx 1 of 1 M, PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER 1 r r^� LAND PAGE 1 OF 2 tOntario ServiceOntari 0 REGISTRY PREPARED FOR EOGionet OFFICE #51 58534-0299 (LT) ON 2022/01/04 AT 09:55:26 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: PART LOT 2, CONCESSION 3 ORO, PART 1, PLAN 51R41999; TOWNSHIP OF ORO-MEDONTE PROPERTY REMARKS: PLANNING ACT CONSENT IN DOCUMENT SC1623231 ESTATE/QUALIFIER: RECENTLY: FEE SIMPLE DIVISION FROM 58534-0142 ABSOLUTE OWNERS' NAMES CAPACITY SHARE VETTA SPA INC. ROWN PIN CREATION DATE:. 2019/10/04 REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ N CHKD O * PRINTOUT INCLUDES ALL DOCUMENT TYPES AND DELETED 1ASTRUMENTS SINCE 2079;70;04 *^ Q LTS01162 2001/08/02 NOTICE HORSESHOE VALLEY RESORT LTD. C 7 SC663270 2008/07/14 NOTICE $2 HORSESHOE VALLEY LANDS LTD. HORSESHOE VALLEY LANDS LTD. C Q HORSESHOE/SALVIL (MEDONTE) LIMITED HORSESHOE/SALVIL (MEDONTE) LIMITED (U SKYLINE HORSESHOE VALLEY INC. SKYLINE HORSESHOE VALLEY INC. SKYLINE UTILITY SERVICES INC. SKYLINE UTILITY SERVICES INC. Q C- 51R41444 2018/03/05 PLAN REFERENCE C C SC1623231 2019/09/11 TRANSFER $700,000 SKYLINE UTILITY SERVICES INC. VETTA SPA INC. C SC1623232 2019/09/11 CHARGE $670,000 VETTA SPA INC. SKYLINE UTILITY SERVICES INC. C N S C1628679 2019/10/02 NOTICE $2 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE VETTA SPA INC. C Q RE,ERKS: PT 1 51R91999 N N SC1634431 2019/10/25 CHARGE $8,708,767 VETTA SPA INC. BUSINESS DEVELOPMENT BANK OF CANADA C O _U1634432 2019/10/25 POSTPONEMLN'1' SKYLINE UTILITY SERVICES INC. BUSINESS DEVELOPMENT BANK OF CANADA C a)RE: ERKS: SC7623232 TO SC7634437 m N 0. k�1739276 2020/12/16 CHARGE $500,000 VETTA SPA INC. NORTH SIMCOE COMMUNITY FUTURES DEVELOPMENT CORPORATION C A ORILLIA AREA COMMUNITY DEVELOPMENT CORP. (D 0 rf1748700 2021/01/26 CONSTRUCTION LIEN ** COMPLETELY DELETED *** O cn 2611806 ONTARIO INC.. N 7 SC,761718 2021/03/11 AIL DEL CONST LIEN *** COMPLETELY DELETED xxx VETTA SPA INC. RE,rRKS: SCi /9S /00. C 7 Q S C1829290 2021/09/29 CONSTRUCTION LIEN * COMPLETELY DELETED ** (p NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. r\, ' PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LI' LAND PAGE 2 OF 2 r Ontario Serviceontario REG1S1'RY PREPARED FOR EOGionet OL'L'1Cli #51 58539-0299 (LT) ON 2022/01/04 AT 09:55:26 CL:L2'-i—D 1N ACCORDANCE WITH THE LAND TITLES ACT x SUBJECT TO RESERVATIONS 1N CROWN GRANT x CERT/ MG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHEM LEADING EDGE EARTHWORKS INC. SC1834699 2021/10/15 ARE DEL CONST LIEN xx COMPLETELY DELETED xxx VETTA SPA INC. RG v RKS i S2 O m m N N (P O_ N N v NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. 16.a) Brought by Councillor Greenlaw, November 24, 2021 Notice of Motion... Verbal Matters �— (Section 13.3 of Township's Procedural By -Law No. 2017-165) Proud Heritage, Exciting Future Name: Councillor Greenlaw Item Number/Name Meeting Date Motion No 16a) Brought by Councillor Greenlaw, November 24, 2021 Notice of Motion for December 8, 2021 Council meeting To be dealt with at the January 12, 2022 Council meeting re: Live Streaming and Video Recordings of Council Meetings January 12, 2022 Motion No. C220112-21 and 22 Type of Meeting: �X Council ❑ Special Council ❑ Development Services Committee ❑ Accessibility Advisory Committee ❑ Heritage Committee ❑ Human Resources Committee This is from December 8, 2021 Council meeting, I asked to bring forward a motion to extend the period of time that our meetings are left up on YouTube. I support the fact of the time and that staff have the duty to do it and since we are charging for people to get it outside of the two weeks, I'm requesting the meetings are left on YouTube for another two weeks. People go on holidays and may not be able to download it or view it before the first two weeks are up. This would be a courtesy to the public to show we are trying to communicate better and be transparent. 1 /14/22 Page 226 of 257 17.a) 2022-003, Being a By -Law to Amend By -Law No. 2020-108 "A By -Law to... The Corporation of the Township of Oro-Medonte By -Law No. 2022-003 Being a By -Law to Amend By -Law No. 2020-108 "A By -Law to Delegate Authority to the Chief Administrative Officer in Continued Response to the COVID-19 Pandemic" Whereas sections 9, 11, 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c. 25, provide that a municipality may delegate its powers and duties to a person or body subject to the restrictions set out in the statute; And Whereas the Coronavirus (COVID-19) outbreak has created unprecedented worldwide health and economic implications that are significantly evolving on a daily basis; And Whereas the Council of the Township of Oro-Medonte passed Motion No. SC200313-4 on March 13, 2020 to respond and react in a manner that ensured that all reasonable measures were implemented and carried out to ensure its residents, businesses and institutions were adequately serviced and protected, while the health of its employees and workers were safeguarded; And Whereas it is imperative that the Township of Oro-Medonte continue to be responsive in taking actions to address emerging issues, to implement appropriate contingency plans and to take emergency measures, if necessary should the local state of emergency within the Township of Oro-Medonte be terminated pursuant to section 4(2) of the Emergency Management and Civil Protection Act. And Whereas the Township's Chief Administrative Officer is responsible for exercising general control and management of the Township of Oro-Medonte for the purpose of ensuring the efficient and effective operation of the municipality; And Whereas on the 14t" day of October, 2020, By -Law No. 2020-108 was passed to Delegate Authority to the Chief Administrative Officer in Continued Response to the COVID-19 Pandemic; And Whereas on the 22nd day of September, 2021, By -Law No. 2021-104 was passed to Appoint a Deputy Chief Administrative Officer and Appoint an Acting Chief Administrative Officer; Now Therefore the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That #4 of By -Law No. 2020-108 which reads: "That where the Chief Administrative Officer is unable to act for any reason, the powers delegated to the Chief Administrative Officer are delegated to the Acting Chief Administrative Officer/designate". be replaced with: "4. That where the Chief Administrative Officer is unable to act for any reason, the powers delegated to the Chief Administrative Officer are delegated to the Deputy CAO/Director, Development Services". 2. That this by-law shall come into force and take effect on the final passing thereof. By -Law Read a First, Second and Third time, and Passed this 12t" day of January, 2022. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 227 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... The Corporation of the Township of Oro-Medonte By-law No. 2022-004 A By-law to Authorize the Execution of a Pre -Servicing Agreement with Oro Medonte Estates Inc. for: Part of Lot 1, Concession 7 and part of the East Half of the West Half of Lot 2, Concession 7 (Oro) and designated as Part 1, Plan 51 R-31425; Township of Oro- Medonte; PIN 58533-0019(LT) 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; And Whereas the Council of the Township of Oro-Medonte deems it advisable to enter into a Pre -Servicing Agreement with Oro Medonte Estates Inc. for the following lands: Part of Lot 1, Concession 7 and part of the East Half of the West Half of Lot 2, Concession 7 (Oro) and designated as Part 1, Plan 51 R-31425; Township of Oro- Medonte; PIN 58533-0019(LT) Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Pre -Servicing Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule `A'. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Pre -Servicing Agreement against the owners of the land; This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 12th day of January, 2022. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes 46k'4;_ Clerk, Yvonne Aubichon Page 228 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... Schedule "A" to By-law No. 2022-004 for The Corporation of the Township of Oro-Medonte Pre -Servicing Agreement Tow` n�of Proud Heritage, Exciting Future PRE -SERVICING AGREEMENT - between - ORO MEDONTE ESTATES INC, -and- THE CORPORATION OF THE TOWNSHIP nt= nRn_mi=nONTE Part of Lot 1, Concession 7 and part of the East Half of the West Half of Lot 2, Concession 7 (Oro) and designated as Part 1, Plan 51R-31425; Township of Oro- Medonte; PIN 58533-0019(LT) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE January 12, 2022 By -Law No. 2022-004 Page 229 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... PRE -SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE - and - Is] :TilLTA l21 BIG] ;11121*11/_yl1210111l;Is] (hereinafter called the "Township") (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the "Subdivision Lands"); AND WHEREAS the Developer desires to commence installing municipal services within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLO' 1. ASSUMPTION OF RISK BY DEVELOPER 1* 1.1 The Developer agrees to assume all risk in commencing installation of Township services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the execution of a Subdivision Agreement with the Township and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1.2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre -servicing of the Subdivision Lands shall cease immediately. 1.3 The Developer acknowledges and agrees that Engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision Lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the Engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer, pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. The Engineering Design plans are as follows: PEARSON ENGINEERING LTD (Project No. 17090) • DRAWINGS LIST AS PER APPROVED SUBMISSION TITLE PAGE GENERAL NOTES General Servicing Plan GN-1 General Servicinq Plans Page 230 of 257 17.b) 2022-004- A By-law to Authorize the Execution of a Pre -Servicing A... General Servicing Plan GS-1 General Servicing Plan GS-2 Storm Drainage Plans Storm Drainage Plan STM-1 Storm Drainage Plan STM-2 Post -Development Storm Catchment Plan STM-3 Storm Sewer Design Sheets PD-1 Lane Marking Plan Lane Marking Plan LM-1 Water System Watermain Plan WM-1 Watermain Plan WM-2 Lot Gradina Plans Lot Grading Plan LG-1 Lot Grading Plan LG-2 Lot Grading Plan LG-3 Lot Grading Plan LG-4 Lot Grading Plan LG-5 Lot Grading Plan LG-6 Lot Grading Plan LG-7 Lot Grading Plan LG-8 Lot Grading Plan LG-9 Plan and Profile Drawings Ak Ruby Ridge Road STA 0+000 To 0+260 '' " PP-1 Ruby Ridge Road STA 0+260 To 0+500 PP-2 Ruby Ridge Road STA 0+500 To 0+720 PP-3 Ruby Ridge Road STA 0+720 To 1+025 PP-4 Ruby Ridge Road STA 1+025 To 1+265 PP-5 Ruby Ridge Road STA 1+265 To 1+367.21 PP-6 James Cooke Place STA 0+000 To 0+243.22 PP-7 Forest Heights Court STA 0+000 To 0+171.27 PP-8 Future Line 6 North Realignment STA 0+000 To 0+300 PP-9 Future Line 6 North Realignment STA 0+300 To 0+540 PP-10 Future Hickory Lane STA 0+300 To 0+247 PP-11 County Road 22 STA 0+000 To 0+220 PP-12 County Road 22 STA 0+220 To 0+460 PP-13 Section Details County Road 22 SEC-1 Section Details Line 6 North Realignment & Hickory Lane SEC-2 Stormwater Management Plan North Pond Plan View SWM-1 North Pond Cross -Sections SWM-2 North Pond Outlet Details SWM-3 South Pond Plan View SWM-4 South Pond Cross -Sections SWM-5 South Pond Outlet Details SWM-6 South Pond Inlet Details SWM-7 Flood Plain Mapping Plan FLP-1 Siltation and Erosion Control Erosion and Sediment Control Plan ESCP-1 Erosion and Sediment Control Plan ESCP-2 Erosion and Sediment Control Plan ESCP-3 Designs Standards Drawings Notes and Details ND-1 Notes and Details ND-2 Notes and Details ND-3 Notes and Details ND-4 Notes and Details ND-5 Notes and Details ND-6 Page 231 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... DRAFT LEGAL PLAN M-Plan (Guido Papa Surveying) 51 M- Utilities Hydro Plan (Hydro One Networks Inc.) 00340-18-049 Hydro Plan (Hydro One Networks Inc.) 0340-18-049-1 Hydro Plan (Hydro One Networks Inc.) 0340-18-049-2 Streetlight System (RTG Systems Inc.) SL-1 Streetlight System (RTG Systems Inc.) SL-2 Accepted for Construction on behalf of the Township by The Jones Consulting Group Ltd. on August 19, 2019 1.4 The Developer acknowledges and agrees that this Agreement relates to and permits the installation of the following Township services on the Subdivision Lands: 1. Site preparation (clearing and grubbing, strip, load, transport off -site and stockpile on -site topsoil); 2. Earthworks (on -site grading and excavation, importing and placing fill); 3. Road works; 4. Installation of watermain; and 5. Drainage works, storm sewers and stormwater management works. Table 1: Timing of Commencement of Works — Phase 2 *1%16, Description Timing of Commencement of Works Phase 2 Immediately. 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township laws, By-laws, standards and policies. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: 1. Retainer - That their firm has been retained by the Developers to act as Consulting Engineers for Oro Medonte Estates Inc.. Terms of Retainer - The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals - Obtain all necessary approvals to construct; d) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; Page 232 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... e) On -Site Inspections - Ensure that all on -site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; f) As -Constructed Drawings - Submit certified "as -constructed" drawings after acceptance of the Township services; g) Change in Retainer — If at any time during the project: i) The terms of their retainer are changed by the Developer, or; ii) If they become aware that they will not be able to provide "as constructed" drawings, they will notify the Township within twenty-four (24) hours; h) Erosion and Siltation Control - Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) The Township Engineering Consultant has no objection to the pre - servicing; 2) The Planning Division has no objection to the pre -servicing; 3) The Nottawasaga Valley Conservation Authority has no objection to the pre -servicing; and 4) The Township Solicitor has no legal objections to the pre -servicing. c) Payment of cash or certified cheque required to cover the cost of the Township's lawyer and Planner for all costs involved in processing the Pre -Servicing Agreement, and for all the Township Engineering Consultant for checking of plans, specifications and inspection on behalf of the Township for the sum of Ten Thousand Dollars ($10,000) as per Schedule `C' attached. As accounts are received from the Township Planner, lawyer, and Engineering Consultant, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days. In the event that the deposit is drawn down to a level of Five Thousand Dollars ($5,000) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer is in default of this Agreement and all work must cease; d) A Letter of Credit, as per Schedule "E", in the amount set out in Schedule "D", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township, default under the terms of this Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part; e) A certified copy of an insurance policy, or a certificate of insurance, confirming comprehensive general liability in the amount of Five Million Dollars ($5, 000, 000.00), naming the Township and The Jones Consulting Group Ltd. as co-insured, and containing the following additional provisions or endorsements: 1) Products/Completed Operations provisions; 2) Cross -liability clause; 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. f) All Servicing Plans shall be submitted to and accepted by the Township Engineering Consultant. INSPECTION BY THE TOWNSHIP Page 233 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the Engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing the emergency situation. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction lei the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer, pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. NOT C 7noticeueto be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address Oro Medonte Estates Inc. 155 Romania Drive Concord, Ontario L4K 4Z9 and such notice shall be deemed to have been given and received on the third day after mailing. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. Page 234 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this day of , 2022. ORO MEDONTE ESTATES INC. Per: (signature) Name: (print) Position: (print) I have authority to bind the corporation IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this day of , 2022. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: H.S. Hughes, Mayor Per: Yvonne Aubichon, Clerk 'X Page 235 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... SCHEDULE"A" DESCRIPTION OF LANDS: Part of Lot 1, Concession 7 and part of the East Half of the West Half of Lot 2, Concession 7 (Oro) and designated as Part 1, Plan 51R-31425; Township of Oro- Medonte; PIN 58533-0019(LT) Page 236 of 257 17.b) 2022-004- A By-law to Authorize the Execution of a Pre -Servicing A SCHEDULE"B" PROPOSED M-PLAN: =ITM�I_ I wIL it N-1 NO' PHASE 2 DESIGN PLAN: Jo OL ­zIIL IE1,1111-L'I Page 237 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... SCHEDULE"C" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP: Township's lawyer and Planner for all costs involved in processing the Pre - Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township. $10,000 TOTAL CASH DEPOSITS TO THE TOWNSHIP $10,000 A Letter of Credit as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The following are Summaries of the Engineering Cost Estimates for Phase 1, Connection Option A, and Connection Option B, as per the detailed Engineering Cost Estimates prepared by Pearson Engineering Ltd. dated August 15, 2019 and included in the Accepted for Construction document and drawing submission August 19, 2019. The following Tables and attached spreadsheets summarize the pre -servicing cost estimate amounts and respective Township Securities for Phase 1, Connection Option A and Connection Option B: PRE -SERVICING SECURITIES TO BE DEPOSITED WITH THE TOWNSHIP: Phase 2 = $1,315,741.60 * As Per SCHEDULE "D" Page 238 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... SCHEDULE "D" Page 239 of 257 17.b) 2022-004- A By-law to Authorize the Execution of a Pre -Servicing A... COST ESTIMATE PEAR50N PROJECT NO.17090 Forest Heights Estates, Township of Oro-Medonte PHASE 2 `E N G LN E ERi N G LTD. ITEM DESCRIPTION UNIT EST. UNIT TOTAL SECURITY SECURITY NO. QUANT. PRICE AMOUNT PERCENTAGE TOTAL Part 1 Site Preparation and Earthworks 1.1 Maintain sediment control fence Is 1 $2,600.00 $2,600.00 100% $2,500.00 1.2 Supply, instal and maintain sediment control fence m 1,954 $19.00 $37,126.00 100% $37,126.00 1.3 Supply, instal antl maintain itsediment control fence around stockpiles m 783 $38.00 $29,754.00 101% 129,754.00 1.4 Supply, instal and maintain 3.Om x 30.Om x 150mm mud mat ea 1 $4,500.00 $4,500.00 100% $4,500,00 1.5 Hydro seed topsoil stock pile m' 8,150 $0.50 $4,075.00 100% $4,075.00 1.6 Supply, instal rock check dams as per Erosion and Sediment Control Plans ea 11 $150.00 $1,650.00 100% $1,650,00 1.7 Supply, instal temporary sediment ponds cAv hkkenbottoms ea 3 $101000.00 $30,000.00 100% $3Q000.00 1.8 Supply, instal and maintain 300mm temporary drainage culverts ea 5 $2,500.00 $12,500.00 100% $12,500.00 1.9 Supply, instal retaining walls at South side of channel m' 284 $500.00 $142,000.00 50% $71,000,00 1.10 Supply, instal retainingwall East of Lot 45 mr 120 $500.00 $60,000.00 50% $30,000.00 Sub -Total Part 1 Site Preparation and Earthworks $324,105.00 $223,105.00 Part 2 Stormwater Management Works 2.1 Supply, instal 300mm di in PVC storm sewer pipe m 658 $250.00 $164,500.00 50% $82,250.00 2.2 Supply, instal 375mm diam PVC storm sewer pipe m 193 $300.00 $57,810.00 50% $28,901500 2.3 Supply, insta1450mm tliam PVC storm sewer pipe m 45 $350.00 $15,750.00 50% $7,175.00 2.4 Supply, instal 600mm diam conc. storm sewer pipe m 190 $600.00 $114,000.00 50% $67,000.00 2.5 Supply, instal 1500mm diam Precast concrete manhole ea 12 $10,500.00 $126,000.00 50% $63,'00,00 2.6 Supply, instal 1500mm diam Precast concrete catchbasin manhole ea 11 $10,500.00 $115,500.00 50% $57,750.00 2.7 Supply, instal 1500mm diam Precast concrete double catchbasin martiole ea 1 $10,500.00 $10,500.00 50% $5,250,00 2.8 Supply, instal 1500mm dia OGS ea 1 $32,000.00 $32,000.00 50% $16,'00.00 2.9 Supply, instal Single inlet calchbasin 600mmx600mm cAv 300mm lead ea 14 $4,250.00 $59,500.00 50% $29,750.00 2.10 Supply, instal Double inlet calchbasin 1200mmx600mm cAv 375mm lead ea 2 $6,500.00 $13,000.00 50% $6,500.00 2.11 Supply, instal Dltch inlet calchbasin 600mmx600mm c1w 300mm lead ea 2 1,250.00 $8,500.00 50% $4,250.00 2.12 Supply, instal 1000mmx4000mm concrete box culvert m 45 $2,500.00 $112,500.00 50% $56,250,00 2.13 Connect into existing Phase 1 STM manhole, cAv all restorations ea 1 $2,500.00 $2,500.00 50% $1,250.00 2.14 Supply, instal Nilex reinforcement mats in channel me 4,3� $25.00 $109,625.00 50% $54,812,50 2.15 Supply, instal 450mm diam HOPE culvert at existing culdesac. m 9 $250.00 $2,250.00 50% $1,125,00 Slormwata Management Pond 2.16 Excavate and shape S A M pond to pre grade elevations m' 1,053 9.90 $5,159.70 50% $2,579,85 2.17 line grade SWM pond cAv 150mm topsoil and seed m' 5,500 �.00 $44,000.00 50% $22,000.00 2.18 Supply, instal 1800mm dia control manhole at pond inlet ea 1 $11,000.00 $11,000.00 50% $5,500.00 2.19 Supply, instal orEce plates within control maintenance hole ea 3 $500.00 $1,500.00 50% $750,00 2.20 Supply, instal concrete headwall as per OPSD- 804.030, regrade as necessary ea 4 $6,13:00 $24,000.00 50% $12,000.00 2.21 Supply, instal CC-35 cable mat at headwalls, as per drawings m' 15 $275.00 $4,125.00 50% $2,062b0 2.22 Construct 10.0m emergency spillway complete with CC-35 cable mat Is 1 $17,000.00 $17,000.00 50% $8,500.00 2.23 Construct forebay spillway complete with CC-35 cable mat Is 1 $4,500.00 $4,500.00 50% $2,250.00 2.24 Construct weFlow route channel, cM CC-35 cable mat Is 1 $3,500.00 $3,500.00 50% $1,750.00 Pontl Access Road 2.25.1 a) Supply, place and compact 200mm of Grand: B' m' 673 $12.00 $8,076.00 50% $4,038,00 2.25.2 b) Sul place antl compact 150mm d Grand A' m' 673 19 50 $6,393.50 50% $3,196.75 2.25.3 c) Supply, place and compact 50mm of HL3 asphalt in 673 $11.00 $7,403.00 50% $3,701.50 2.26 Su and install4.5m single in k svdn ate ea 2 $1,"It 00 $3,500.00 $1,084,092.20 50% $1,750,00 T $542,046.10 Sub -Total Part 2 Stormwater Management Works Part 3 Watermain and Appurtenances (Watermain includes all tees, crosses, bends, reducers, restraints, bedding, etc) 3.1 Connect to existing 250mm diam. Watermain in Ruby Ridge Road cAv restorations Is 1 $8,600.00 $8,600.00 50% $4,260.00 3.2 Supply, instal 250mm diam PVC water main m 1,333 $225.00 $299,925.00 50% $149,962,50 3.3 Supply, instal 250mm tliam gale valve antl box ea 4 $3,300.00 $13,200.00 50% $6,600.00 3.4 Supply, instal fire hydrant c/w 150mm dam lead, valve, anchor tee and thrust blocking ea 8 $6,500.00 $52,000.00 50% $26,000,00 3.5 Supply, instal 19mm diam municipex water service(long) cM curb stop and trace vare ea 22 $2,500.00 $55,000.00 50% $27,500.00 3.6 Su , instal 19mm diam muniei ex water service short cAv curb stopand trace ware ea 32 $2,000.00 $64,000.00 50% $32,000.00 Sub -Total Part 3 Watermain and Appurtenances $492,625.00 $246,312.50 Part 4 Road and Surface Works 4.1 Shape, compact to Pregrade elevations m' 1Q670 $1.50 $16,005.00 50% $8,002.50 RubvRo RoatllJames Cooke Place 4.2.1 a) Supply, place and compact 300mm of Granular'B' m' 10,670 $11.00 $117,370.00 50% $58,685,00 4.2.2 b) Suppy, place and compact 150mm of Granular'A' in 10,670 $9.50 $101,365.00 50% $50,682b0 4.2.3 c) Supply, place and compact 50mm of HLB asphalt m' 7,630 $11.00 $83,930.00 50% $41,965,00 4.3 Supply, instal 150mm dia subdrain in2,100 $24.00 $50,400.00 50% $25,200.00 Asphalt Shoulder 4.4.1 a) Supply, place and compact 150mm of Granular'A' m' 1,668 $9.50 $15,751.00 50% $7,875.50 4.5 Supply, instal concrete rollover curb m 2,169 $65.00 $140,985.00 50% $70,492,50 4.5 Supply, instal street light complete with power supply ea 7 $5,000.00 $35,000.00 50% $17,500,00 4.7 Supply, instal ituard rail at on retaining walls in 191 $250.00 $47,760.00 50% $23,875,00 Part 4 Road and Surface Works $608,556.00 $304,278.00 Sub Total Part 1 Srte Pre aration antl Earthworks $324,105.00 $223,105.00 _ _....P...._............................................._...._...._........_...._...._....................................................�.....�.....� Sub -Total Part 2 Stormvater Management Works ..._...._...._..........................................._...._... $1,084,092.20 $542,046,10 .-,-...-.-.-.-_.-.-_.-.-_.-.-�-.-._-.-._-.-._-.-.-.-.-.-._-.-._-.-._-.-.-.-.-.-.-.-.-.-.....-.-.-.-.-..-.-.-.-.-.-..-.-.-,-.-.-,-.-.-, Sub -Total Part 3 Watermain and Appurtenances .-._-.-._-.-._-.-.-..-.-.-.-.-.-.-.-.-.-.-.-..- $492,625.00 $246,312b0 Part4 Roatl antl Surface Works $608,556.00 $304,278.00 Total $2,509,378.20 $1,315,741.60 Copy of Cast Estimate - Phase 2-PSA - Dec 17 2021 2021-12-17 Page 240 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... SCHEDULE "E" PRE -SERVICING AGREEMENT - STANDARD FOR THE TOWNSHIP "STANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ 1,315,741.60 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 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 Pre -Servicing 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) 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 20 . Authorized Signature Authorized Signature Bank of Page 241 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... Tow` n�of Proud Heritage, Exciting Future PRE -SERVICING AGREEMENT - between - ORO MEDONTE ESTATES INC. -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Part of Lot 1, Concession 7 and part of the East Half of the West Half of Lot 2, Concession 7 (Oro) and designated as Part 1, Plan 51R-31425; Township of Oro- Medonte; PIN 58533-0019(LT) January 12, 2022 By -Law No. 2022-004 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE PRE -SERVICING AGREEMENT Page 242 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... THIS AGREEMENT MADE BETWEEN: 111:1:1111139161NaelRit IIQ►to] a1:1:111111CePi9►11:11as] &i]:lea diI:1Biel ►119:4 - and - ORO MEDONTE ESTATES INC. (hereinafter called the "Township") (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the "Subdivision Lands"); AND WHEREAS the Developer desires to commence installing municipal services within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk in commencing installation of Township services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the execution of a Subdivision Agreement with the Township and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1.2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre -servicing of the Subdivision Lands shall cease immediately. 1.3 The Developer acknowledges and agrees that Engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision Lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the Engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer, pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. The Engineering Design plans are as follows: PEARSON ENGINEERING LTD (Project No. 17090) • DRAWINGS LIST AS PER APPROVED SUBMISSION TITLE PAGE GENERAL NOTES General Servicing Plan General Servicing Plans General Servicing Plan General Servicing Plan GN-1 GS-1 GS-2 Page 243 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... Storm Drainage Plans Storm Drainage Plan STM-1 Storm Drainage Plan STM-2 Post -Development Storm Catchment Plan STM-3 Storm Sewer Design Sheets PD-1 Lane Marking Plan Lane Marking Plan LM-1 Water System Watermain Plan WM-1 Watermain Plan WM-2 Lot Grading Plans Lot Grading Plan LG-1 Lot Grading Plan LG-2 Lot Grading Plan LG-3 Lot Grading Plan LG-4 Lot Grading Plan LG-5 Lot Grading Plan LG-6 Lot Grading Plan LG-7 Lot Grading Plan LG-8 Lot Grading Plan LG-9 Plan and Profile Drawinas Ruby Ridge Road STA 0+000 To 0+260 PP-1 Ruby Ridge Road STA 0+260 To 0+500 PP-2 Ruby Ridge Road STA 0+500 To 0+720 PP-3 Ruby Ridge Road STA 0+720 To 1+025 PP-4 Ruby Ridge Road STA 1+025 To 1+265 PP-5 Ruby Ridge Road STA 1+265 To 1+367.21 PP-6 James Cooke Place STA 0+000 To 0+243.22 PP-7 Forest Heights Court STA 0+000 To 0+171.27 PP-8 Future Line 6 North Realignment STA 0+000 To 0+300 PP-9 Future Line 6 North Realignment STA 0+300 To 0+540 PP-10 Future Hickory Lane STA 0+300 To 0+247 PP-11 County Road 22 STA 0+000 To 0+220 PP-12 County Road 22 STA 0+220 To 0+460 PP-13 Section Details County Road 22 SEC-1 Section Details Line 6 North Realignment & Hickory Lane SEC-2 Stormwater Management Plan North Pond Plan View SWM-1 North Pond Cross -Sections SWM-2 North Pond Outlet Details SWM-3 South Pond Plan View SWM-4 South Pond Cross -Sections SWM-5 South Pond Outlet Details SWM-6 South Pond Inlet Details SWM-7 Flood Plain Mapping Plan FLP-1 Siltation and Erosion Control Erosion and Sediment Control Plan ESCP-1 Erosion and Sediment Control Plan ESCP-2 Erosion and Sediment Control Plan ESCP-3 Desians Standards Drawinas Notes and Details ND-1 Notes and Details ND-2 Notes and Details ND-3 Notes and Details ND-4 Notes and Details ND-5 Notes and Details ND-6 Page 244 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... DRAFT LEGAL PLAN M-Plan (Guido Papa Surveying) 51 M- Utilities Hydro Plan (Hydro One Networks Inc.) 00340-18-049 Hydro Plan (Hydro One Networks Inc.) 0340-18-049-1 Hydro Plan (Hydro One Networks Inc.) 0340-18-049-2 Streetlight System (RTG Systems Inc.) SL-1 Streetlight System (RTG Systems Inc.) SL-2 Accepted for Construction on behalf of the Township by The Jones Consulting Group Ltd. on August 19, 2019 1.4 The Developer acknowledges and agrees that this Agreement relates to and permits the installation of the following Township services on the Subdivision Lands: Site preparation (clearing and grubbing, strip, load, transport off -site and stockpile on -site topsoil); Earthworks (on -site grading and excavation, importing and placing fill); Road works; Installation of watermain; and Drainage works, storm sewers and stormwater management works. Table 1: Timing of Commencement of Works — Phase 2 Description Timing of Commencement of Works Phase 2 Immediately. 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township laws, By-laws, standards and policies. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: 1. Retainer - That their firm has been retained by the Developers to act as Consulting Engineers for Oro Medonte Estates Inc.. Terms of Retainer - The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals - Obtain all necessary approvals to construct; Page 245 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... d) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; e) On -Site Inspections - Ensure that all on -site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; f) As -Constructed Drawings - Submit certified "as -constructed" drawings after acceptance of the Township services; g) Change in Retainer — If at any time during the project: i) The terms of their retainer are changed by the Developer, or; ii) If they become aware that they will not be able to provide "as constructed" drawings, they will notify the Township within twenty-four (24) hours; h) Erosion and Siltation Control - Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) The Township Engineering Consultant has no objection to the pre - servicing; 2) The Planning Division has no objection to the pre -servicing; 3) The Nottawasaga Valley Conservation Authority has no objection to the pre -servicing; and 4) The Township Solicitor has no legal objections to the pre -servicing. c) Payment of cash or certified cheque required to cover the cost of the Township's lawyer and Planner for all costs involved in processing the Pre - Servicing Agreement, and for all the Township Engineering Consultant for checking of plans, specifications and inspection on behalf of the Township for the sum of Ten Thousand Dollars ($10,000) as per Schedule `C' attached. As accounts are received from the Township Planner, lawyer, and Engineering Consultant, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days. In the event that the deposit is drawn down to a level of Five Thousand Dollars ($5,000) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer is in default of this Agreement and all work must cease; d) A Letter of Credit, as per Schedule "E", in the amount set out in Schedule "D", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township, default under the terms of this Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part; e) A certified copy of an insurance policy, or a certificate of insurance, confirming comprehensive general liability in the amount of Five Million Dollars ($5,000,000.00), naming the Township and The Jones Consulting Group Ltd. as co-insured, and containing the following additional provisions or endorsements: Page 246 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... 1) Products/Completed Operations provisions; 2) Cross -liability clause; 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. f) All Servicing Plans shall be submitted to and accepted by the Township Engineering Consultant. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the Engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. �MUUI1•7MA1[07►[o];M*telN11VA 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer, pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. 7. NOTICE 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Oro Medonte Estates Inc. 155 Romania Drive Concord. Ontario L4K 4Z9 Page 247 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... and such notice shall be deemed to have been given and received on the third day after mailing. 8. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. Page 248 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this day of , 2022. ORO MEDONTE ESTATES INC. Per (signature) Name: (print) Position: (print) I have authority to bind the corporation IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this day of , 2022. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: H.S. Hughes, Mayor Per: Yvonne Aubichon, Clerk Page 249 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... SCHEDULE"A" DESCRIPTION OF LANDS: Part of Lot 1, Concession 7 and part of the East Half of the West Half of Lot 2, Concession 7 (Oro) and designated as Part 1, Plan 51R-31425; Township of Oro- Medonte; PIN 58533-0019(LT) Page 250 of 257 17.b) 2022-004- A By-law to Authorize the Execution of a Pre -Servicing A SCHEDULE"B" PROPOSED M-PLAN: 77 Ft°Iejl ik I = JIL 1, A"r PHASE 2 DESIGN PLAN: nu r-effim.IO Ii i- _10-0-0 10 Page 251 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... SCHEDULE"C" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP: Township's lawyer and Planner for all costs involved in processing the Pre - Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township. $10,000 TOTAL CASH DEPOSITS TO THE TOWNSHIP $10,000 A Letter of Credit as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The following are Summaries of the Engineering Cost Estimates for Phase 1, Connection Option A, and Connection Option B, as per the detailed Engineering Cost Estimates prepared by Pearson Engineering Ltd. dated August 15, 2019 and included in the Accepted for Construction document and drawing submission August 19, 2019. The following Tables and attached spreadsheets summarize the pre -servicing cost estimate amounts and respective Township Securities for Phase 1, Connection Option A and Connection Option B: PRE -SERVICING SECURITIES TO BE DEPOSITED WITH THE TOWNSHIP: Phase 2 = $1,315,741.60 * As Per SCHEDULE "D" 11 Page 252 of 257 17.b) 2022-004- A By-law to Authorize the Execution of a Pre -Servicing A... SCHEDULE "D" COST ESTIMATE P E A R S O N PROJECT NO.17090 Forest Heights Estates, Township of Oro•Medonte PHASE 2 ENGINEERING LTD. ITEM DESCFJPTION UNIT EST. UNIT TOTAL SECURITY SECURITY NO. QUANT. PRICE AMOUNT PERCENTAGE TOTAL Part 1 Site Preparation and Earthworks 1.1 Maintain sediment control fence Is 1 $2,500.00 $2,500.00 100% $2,500.05 1.2 Supply, install and maintain sediment control fence in1,954 $19.00 $37,126.00 100% $37,126.00 1.3 Supply, install and maintain double sediment control fence around stockpiles in 783 $38.00 $29,754.00 100% $29,754.00 1.4 Supply, install and maintain 3.0m x 30.Om x 150mm mud mat ea 1 $4,500.00 $4,5"" 100% $4,5"" 1.5 Fydro seed topsoil stock pile m' 8,150 $0.50 $4,075.00 100% $4,075.00 1.6 Supply, install rock check dams as per Erosion and Sediment Control Plans ea 11 $150.00 $1,650.00 100% $1,650.00 1.7 Supply, install temporary sediment ponds cAv hickenbottoms ea 3 $10,000.00 $30,000.00 100% $30,000.00 1.8 Supply, install and maintain 300mm temporary drainage cuNeds ea 5 $2,500.00 $12,500.00 100% $12,500.00 1.9 Supply, install retaining walls at South side of channel m' 284 $500.00 $142,000.00 50% $71,000.00 1.10 1 ISupply, install retaining wall East of Lot 45 mz 120 $500.00 $60,000.00 50% $30,000.00 Sub -Total Part 1 Site Preparation and Earthworks $324,105.00 $223,105.00 Part 2 Stormwater Management Works 2.1 Supply, install 300mm clam PVC storm sewer pipe in658 $250.00 $164,500.00 50% $82,250.00 2.2 Supply, install 375mm diam PVC storm sewer pipe in 193 $300.00 $57,810.00 50% $28,905.00 2.3 Supply, install 450mm diam PVC storm sewer pipe in 45 $350.00 $15,750.00 50% $7,875.00 2.4 Supply, install 600mm clam conic. storm sewer pipe in 190 $600.00 $114,000.00 50% $57,000.00 2.5 Supply, install 1500mm clam Precast concrete manhole ea 12 $10,500.00 $126,000.00 50% $63,000.00 2.6 Supply, install 1500mm diam Precast concrete catchbasin manhole ea 11 $10,500.00 $115,500.00 50% $57,750.00 2.7 Supply, install 1500mm diam Precast concrete double catchbasin manhole ea 1 $10,500.00 $10,500.00 50% $5,250.00 2.8 Supply, install 1500mm dia OGS ea 1 $32,000.00 $32,000.00 50% $16,000.00 2.9 Supply, install Single inlet catchbasin 600mmx600mm cAv 300mm lead ea 14 $4,250.00 $59,500.00 50% $29,750.00 2.10 Supply, install Double inlet calchbasin 1200mmx600mm cAv 375mm lead ea 2 $6,500.00 $13,000.00 50% $6,500.00 2.11 Supply, install Ditch inlet catchbasin 600mmx600mm cAv 300mm lead ea 2 $4,250.00 $8,500.00 50% $4,250.00 2.12 Supply, install 1000mmx4000mm concrete box culvert in 45 $2,500.00 $112,500.00 50% $56,250.00 2.13 Connect into existing Phase 1 STM manhole, cAv all restorations ea 1 $2,500.00 $2,500.00 50% $1,250.00 2.14 Supply, install Nilex reinforcement mats in channel m' 4,385 $25.00 $109,625.00 50% $54,812.50 2.15 Supply, install 450mm diam HDPE culvert at existing culdesac. in 9 $250.00 $2,250.00 50% $1,125.00 Stormwater Management Pond 2.16 Excavate and shape SWIM pond to pre grade elevations M, 1,053 $4.90 $5,159.70 50% $2,579.85 2.17 Fine grade SWIM pond cAv 150mm topsoil and seed m' 5,500 $B.00 $44,000.00 50% $22,000.00 2.18 Supply, install 1800mm dia control manhole at pond inlet ea 1 $11,000.00 $11,000.00 50% $5,500.00 2.19 Supply, install orifice plates within control maintenance hole ea 3 $500.00 $1,500.00 50% $750.00 2.20 Supply, install concrete headwall as per OPSD - 804.030, regrade as necessary ea 4 $13,000.00 $24,000.00 50% $12,000.00 2.21 Supply, install CC-35 cable mat at headwalls, as per drawings m' 15 $275.00 $4,125.00 50% $2,062.50 2.22 Construct 10.Om emergency spillway complete with CC-35 cable mat Is 1 $17,000.00 $17,000.00 50% $8,500.00 2.23 Construct forebay spillway complete with CC-35 cable mat Is 1 %,500.00 $4,500.00 50% $2,250.00 2.24 Construct overland flow route channel, cAv CC-35 cable mat Is 1 $3,500.00 $3,600.00 50% $1,760.00 Pond Access Road 2.25.1 a) Supply, place and compact 200mm of Granular'B' m' 673 $12.00 $8,076.00 50% $4,038.00 2.25.2 b) Supply, place and compact 150mm of Granular'A' m' 673 $9.50 $6,393.50 50% $3,196.75 2.25.3 c) Supply, place and compact 50mm of HL3 asphalt mz 673 $11.00 $7,403.00 50% $3,701.50 2.26 Su and install 4.5m single swtn ate ea 2 $1,750.00 $3,500.00 $1,084,092.20 50% $1,750.00 Sub -Total Part 2 Stormwater Management Works $542,046.10 Part 3 Watermain and Appurtenances (Watermain includes all tees, crosses, bends, reducers, restraints, bedding, etc) 3.1 Connect to existing 250mm clam. Watermain in Ruby Ridge Road cAv restorations Is 1 $8,500.00 $8,500.00 50% $4,250.00 3.2 Supply, install 250mm diam PVC Watermain in 1,333 $226.00 $299,926.00 50% $149,962.60 3.3 Supply, install 250mm diam gate valve and box ea 4 $3,300.00 $13,200.00 50% $6,600.00 3.4 Supply, install fire hydrant cM 150mm diam lead, valve, anchor tee and thrust blocking ea 8 $6,500.00 $52,000.00 50% $26,000.00 3.5 Supply, install 19mm clam municipex water service (long) cAv curb stop and trace ware ea 22 $2,500.00 $55,000.00 50% $27,500.00 3.6 Supply, install 19mm diam munici ex water service short cAW curb stop and trace Are ea 32 $2,000.00 $64,000.001 50% $32,000.00 Sub -Total Part 3 Watermain and Appurtenances $492,625.00 $246,312.50 Part 4 Road and Surface Works 50% 4.1 Shape, compact to Pregrade elevations m' 10,670 $1.50 $16,006.00 $8,002.60 Ruby Ridge Road/James Cooke Place 4.2.1 a) Supply, place and compact 300mm of Granular'B' m' 10,670 $11.00 $117,370.00 50% $58,685.00 4.2.2 b) Supply, place and compact 150mm of Granular'A' ml 10,670 $9.50 $101,365.00 50% $50,682.50 4.2.3 c) Supply, place and compact 50mm of HL8 asphalt m' 7,630 $11.00 $83,930.00 50% $41,965.00 4.3 Supply, install 150mm dia subdrain in 2,100 $24.00 $50,400.00 50% $25,200.00 Asphalt Shoulder 4.4.1 a) Supply, place and compact 150mm of Granular'A' m2 1,658 $9.50 $11751.00 50% $7,875.50 4.5 Supply, install concrete rollover curb m 2,169 $65.00 $140,985.00 50% $70,492.50 4.5 Supply, install street light complete with power supply ea 7 $5,000.00 $35,000.00 50% $17,500.00 4.7 Su , install guard rail at on retainingwalls m 191 $250.00 $47,750.00 50% $23,875.00 Part 4 Road and Surface Works 1 1 $608,556.001 $304,278.00 Sub•Total Part 1 _Site Prepaation and Earthworks ,•,•,• ,•, •,•,•, •,•,•,•,•,•,•,•,•,•,_,• ,•,...... ,•,•,_,•,•,•, ,•,•,•,•,•,•,_,•,•, ,_, $324,105;00 _ _ $223,105.00 Sub -Total Part 2 Stormwater Management Works ._._..._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._ ._._._._._. ._._._._._._.._._._._._._._._._. $1,084,092.20 ._._._._._._._._._._._.._._._._._._._._._._._._.._._._._._._._._._._._. $542,046.10 Sub -Total Part 3 Watermain and Appurtenances $492,625.00 $24Q312.50 Part 4 Road and Surface Works $608,556.00 $304,278.00 Total I 1 1 1$2,509,378.201$1,315,741.60 Copy of Cost Estimate - Phase 2-PSA - Dec 17 2021 2021-12-17 12 Page 253 of 257 17.b) 2022-004: A By-law to Authorize the Execution of a Pre -Servicing A... SCHEDULE "E" PRE -SERVICING AGREEMENT - STANDARD FOR THE TOWNSHIP "STANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ 1,315,741.60 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 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 aPre-Servicing 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) 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 20 . Authorized Signature Authorized Signature Bank of 13 Page 254 of 257 17.c) 2022-005: A By-law to provide for an interim tax levy and to provi... The Corporation of the Township of Oro-Medonte By -Law No. 2022-005 A By-law to provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest Whereas Section 317(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides that the Council of a local municipality may before the adoption of the estimates for the year pass a by-law levying amounts on the assessment of property in the local municipality rateable for local municipality purposes; And Whereas Section 317(3) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides that the amount levied on a property shall not exceed 50% (percent) of the total amount of taxes for municipal and school purposes levied on the property for the previous year; And Whereas the Council of the Corporation of the Township of Oro-Medonte deems it expedient to enact such a by-law; Now Therefore the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. There shall be levied and collected upon all properties having rateable assessment in the Corporation of the Township of Oro-Medonte an amount of 50% of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. The said interim tax levy shall be due and payable in two equal installments on or before Friday February 25t", 2022 and Friday April 29t", 2022. 3. The Treasurer is hereby authorized to mail or cause to be mailed the notice 44 " 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. 4. 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 2022, until taxes are paid. 5. That there be added an interest charge of 1 '/4% on the first day of each month on any outstanding tax arrears from the 315t day of December in the year in which the taxes were levied until the taxes are paid. 6. Taxes are payable at the Township of Oro-Medonte Administration Office or 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. 7. 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 shall 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. 8. That By-law No. 2021-006 is hereby repealed. Page 255 of 257 17.c) 2022-005: A By-law to provide for an interim tax levy and to provi... That this by-law comes into force and takes effect on and from the date of the final passing. By-law read a First, Second and Third time and passed, this 12t" day of January, 2022. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 256 of 257 19.a) 2022-006, Being a by-law to confirm the proceedings of the Council... The Corporation of the Township of Oro-Medonte By -Law No. 2022-006 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, January 12, 2022 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, January 12, 2022, 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 Land Tribunal 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. lddnr"��� By-Law Read a First, Second and Third time, and Passed this 12t" day of January, 2022. 1% '%Ik The Corporation of the Township of Oro-Medonte EN Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 257 of 257