THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS Regular Council AGENDA Thursday, September 28, 2017 9:00 a.m.
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1. Call to Order/Approve Agenda
a) Approval of September 28, 2017 Agenda
Recommendation: That the September 28, 2017 Council Meeting Agenda be approved as circulated.
2. Declaration of Pecuniary Interest or General Nature Thereof
3. Public Meetings
15 - 19 a) Proposed Zoning By-law Amendment - (PLZBA2017058)
Recommendation: Be it resolved that Council adjourns its Regular Council meeting at ______in order to proceed into a Public Meeting under Section 34 of the Planning Act regarding Zoning Amendment PLZBA2017058 for property on Bow Lake.
4. Delegations
5. Adoption of Minutes from Previous Meeting
20 - 36 a) August 31, 2017 Regular Council Meeting Minutes
Recommendation: That the August 31, 2017 Regular Council Meeting Minutes be approved as circulated.
37 - 38 b) August 31, 2017 Public Meeting Minutes
Recommendation: That the August 31, 2017 Public Meeting Minutes be approved as circulated.
39 - 40 c) September 14, 2017 Public Meeting Minutes
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Recommendation: That the September 14, 2017 Public Meeting Minutes be approved as circulated.
6. Payment of Accounts
41 a) September 28, 2017 Payment of Accounts
Recommendation: That the September 28, 2017 accounts in the amount of $756,982.32 be approved for payment.
7. Reeve's Report
8. Correspondence and Communications
a) Bessie Sullivan, CEO/County Librarian re: Library Circulation Totals.
Recommendation: That Council receives correspondence from Bessie Sullivan, CEO/County Librarian regarding the Haliburton County Library circulation totals, as information.
b) Mr. Gary Wiles, President of the Lake Kashagawigamog Organization re: Renting of Lakefront Properties.
Recommendation: That Council receives correspondence dated August 29, 2017 from the Lake Kashagawigamog Organization regarding rentals on lakefront properties, as information;
42 - 43 c) Ms. Liz Dickson on Behalf of Dr. Lynn Noseworthy, Medical Officer of Health for the Haliburton, Kawartha, Pine Ridge District Health Unit re: Municipal Engagement Committee and Quarterly E Newsletters.
Recommendation: That Council receives correspondence from Ms. Liz Dickson on behalf of Dr. Lynn Noseworthy, Medical Officer of Health for HKPR District Health Unit regarding their formed Municipal Engagement Committee and new quarterly e-newsletters providing updates to municipal decision makers, as information.
44 d) Ms. Charlsey White, Director of Planning for the County of
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Haliburton Re: Request for Support Resolution - Funding LiDAR Mapping & Flood Plain Study.
Recommendation: That Council receives correspondence from Charlsey White, Director of Planning for the County of Haliburton requesting municipal support for a funding application;
And further that, the Council of The Corporation of the Township of Minden Hills supports the County of Haliburton application under the National Disaster Mitigation Program funding intake 2017, completion of Digital Terrain Model (DTM) mapping to be used for Risk Assessments, Flood Mapping, Mitigation Planning and Prevention.
9. Environmental
a) Report 17-038 EPO - Tipping Fees for Compactor Trucks
Recommendation: That Council receive Report #17-038 Tipping Fees for Compactor Trucks as information.
b) Report 17-037 EPO - Information on Bill #141- Sewage Bypass Reporting Act 2017.
Recommendation: That Council receive Report 17-037 EPO – Information on Bill #141- Sewage Bypass Reporting Act, 2017 as information;
And further that Council support the private members Bill #141 Sewage Bypass Reporting Act introduced by Sylvia Jones, MPP;
And further that Council write a letter to the Minister of the Environment and express support for the proposed Bill.
45 - 56 c) EPO Previous Reports regarding Seagull Solutions
Recommendation: That Council receives Report #17-039 EPO – Seagull Proposal, as information;
And further, that Council provides Staff with direction regarding Seagull mitigation.
10. Roads
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a) Report 17-062 Roads - Monthly Status Report- Roads August 2017
Recommendation: That Council receives Report #17-062 Roads – August 2017 Monthly Activity Report for information.
b) Report 17-064 Roads - Emergency Repairs to Tandem Truck
Recommendation: That Council receive Report # 17-064 - Roads – Emergency Repairs to Tandem Truck as information;
And further, that Council waives the procurement tendering requirement for the “emergency” repairs to the 2012 Western Star Tandem Plow, as per Section 7.4 of the Township’s procurement policy;
And further that, Council approves the total cost of $8,089.72, including HST, for the “emergency” repairs to the 2012 Western Star Tandem Plow as performed by Northland Truck Center;
And further, that, in the absence of a departmental surplus, Council approves the transfer of funds required to cover the cost of the “emergency” repairs to the 2012 Western Star Tandem Plow from the Road Reserves.
c) Report 17-065 Roads - Ritchie Falls Road Detour.
Recommendation: That Council receive Report # 17-065 - Roads – Bridge Rehabilitation - Road Detours as information.
11. Community Services
a) Report 17-50 CSD - RFT CSD 17-06 Snack Bar Concession at the S.G. Nesbitt Memorial Arena Pre-approval granted at the September 14, 2017 COTW Meeting by resolution #17-544
b) Report # 17-51 CSD Revised Young Canada Works Funding Agreement
Recommendation:
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That Council receives Report # 17-51 Community Services Department – Revised Young Canada Works Funding Agreement as information;
And further, that Council adopt By-law 17-125 to authorize the Reeve and CAO/Treasurer to sign the revised YCW-HO Declaration Form, and the 2017 YCWHO funding agreement titled Contract with Employer dated August 21, 2017.
c) Report 17-52 CSD - 2017 Communities in Bloom Award and Evaluation Report for Minden Hills
Recommendation: That Council receives Report # 17-52 Community Services Department – 2017 Communities in Bloom Award and Evaluation Report for Minden Hills as information;
And further, that Staff and the Communities in Bloom Committee be directed to review the 2017 Evaluation Report and formulate recommendations for the 2018 budget process.
d) Report 17-53 CSD - Annual Low Risk User Facility Program - Local Community Insurance Services - JLT
Recommendation: That Council receives Report #17-53 Community Services Department – Annual Low Risk User Facility Program - Local Community Insurance Services - JLT as information;
And further, that Council accepts the quote # 18799289453 dated June 29, 2017 from JLT Inc. in the amount of $2,484.00 for the provision of a Local Community General Liability Policy as described providing $5,000,000.00 coverage;
And further, that Council directs staff to investigate options to cover the additional premium cost of $2,484.00 for Local Community General Liability Insurance; and include in the report, user fees verses the municipality absorbing the expense, and report back to council for review and consideration.
e) Report 17-54 CSD - Single Source Quotation for Digital Radio System Purchase
Recommendation: That Council receives Report #17-54 Community Services
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Department – Single Source Quotation for Digital Radio System Purchase as information;
And further, that Council approves the purchase of the Digital Radio System as a single source purchase as per Section 7.3 of the Township’s procurement policy;
And further, that Council approves the purchase of the Digital Radio System in the amount of $7,331.30 plus $953.07 HST for a total cost of $8,284.37.
f) Report 17-55 CSD - Advertising Program
Recommendation: That Council receives Report # 17-55 Community Services Department – Advertising Program as information;
And further, that Council approves of the proposed fees and rate changes in Revised Schedule “J” Community Services Advertising as noted in said report 17-55 CSD Advertising Program.
And further, that Council adopts By-law #17-124, being the Comprehensive Fees & Changes By-law for the Township of Minden Hills.
g) Report 17-56 CSD - Damage to Parks from 2017 Flood
Recommendation: That Council receives Report # 17-56 Community Services Department – Damage to Parks from 2017 Flood as information.
h) Report 17-57 CSD - Rotary Park Playground. Pre-approval granted at the September 14, 2017 Committee of the Whole Meeting by Resolution #17-545.
i) Report 17-58 CSD - Monthly Activity Report
Recommendation: That Council receives Report # 17-058 Community Services Department Monthly Activity Report for August 2017 as information.
j) CSD - Irondale Advisory Committee Meeting Minutes dated August 21, 2017 (Recommendation)
Recommendation: That Council receives the Irondale Community Centre Advisory
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Committee meeting minutes dated August 21, 2017 as information;
And further Council concurs with the recommendation made in the said minutes and appoints Kurt Christenson as a member of the Irondale Community Centre Advisory Committee for the remaining term of Council.
12. Fire Services
a) Report 17-021 August Fire Summary
Recommendation: That Council receive Report 17-021 FIRE – August 2017 Fire Summary as information;
13. Building and By-law Services
a) None
14. Planning and Development
a) Report 17-065 Planning - PLRA2017059 To Proceed with Application
Recommendation: That Council receive Report #17-065 Planning PLRA2017059 Application to Purchase an Unopened Road Allowance Not Leading to Water as information;
And further, that Council directs staff to notify the adjacent property owner of applicant’s intent to purchase lands on the unopened road allowance between their properties and to provide same with the opportunity to purchase one half of the unopened road allowance in accordance with the Township’s Policy 26.
b) Report 17-066 Planning - PLSRA2017057 Application to purchase a portion of the Shore Road Allowance – Gull Lake
Recommendation: That Council receive Report #17-066 Planning PLSRA2017057 Application to purchase a portion of the Shore Road Allowance – Gull Lake as information;
And further, that the Planning Department proceed with the application to purchase a portion of the Shore Road Allowance (PLSRA2017057) in accordance with the established procedure
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under approved Policy No. 19, as amended.
c) Report 17-067 Planning - PLSRA2016051 Application to purchase a portion of the Shore Road Allowance – Twelve Mile Lake
Recommendation: That Council receive Report #17-067 Planning PLSRA2016051 Application to purchase a portion of the Shore Road Allowance – Twelve Mile Lake as information;
And further, that By-law No. 17-115 is approved to stop up, close, and convey part of an original shore road allowance with respect to application PLSRA2016051.
d) Report 17-068 Planning - PLSRA2017012 Application to purchase a portion of the Shore Road Allowance – Bow Lake
Recommendation: That Council receive Report #17-068 Planning PLSRA2017012 Application to purchase a portion of the Shore Road Allowance – Bow Lake as information;
And further, that By-law No. 17-116 is approved to stop up, close, and convey part of an original shore road allowance with respect to application PLSRA2017012.
e) Report 17-069 Planning - PLSRA2017015 Application to purchase a portion of the Shore Road Allowance – Bow Lake
Recommendation: That Council receive Report #17-069 Planning PLSRA2017015 Application to purchase a portion of the Shore Road Allowance – Bow Lake as information;
And further, that By-law No. 17-117 is approved to stop up, close, and convey part of an original shore road allowance with respect to application PLSRA2017015.
f) Report 17-070 Planning - PLSRA2017069 Application to purchase a portion of the Shore Road Allowance – Gull Lake
Recommendation: That Council receive Report #17-070 Planning PLSRA2017069
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Application to purchase a portion of the Shore Road Allowance – Gull Lake as information;
And further, that the Planning Department proceed with the application to purchase a portion of the Shore Road Allowance (PLSRA2017069) in accordance with the established procedure under approved Policy No. 19, as amended.
g) Report 17-071 Planning - PLH2017065 and PLH2017067 Application for Severance – Creation of a new Lot and Lot Addition
Recommendation: That Council receive Report #17-071 Planning PLH2017065 Application for Severance – Creation of a New Lot as information;
That Application for Consent H-029/17 and H-030/17 be recommended for approval subject to the following conditions:
1.The balance of any outstanding taxes, including penalties and interest, (and local improvement charges, if applicable) shall be paid to the Municipality. 2.The registered owner shall obtain, to the satisfaction of the Township of Minden Hills, a minor variance, or zoning by-law amendment, to address the deficient Front Yard/High Water Mark setback. 3.That a section of land be identified and dedicated to the County of Haliburton or Township of Minden Hills in order to ‘break’ the original severance. 4.A copy of all reference plans associated with this application shall be provided to the Planner for the Township of Minden Hills for approval prior to registration. 5.Settlement of 5% cash-in-lieu of parkland dedication in the amount of $1,500.00 for each of the two severed parcels shall be paid to the Township of Minden Hills, pursuant to Section 51.1 of the Planning Act. 6.The registered owner(s) shall provide measures which will produce net benefits to the lake and the shoreline satisfactory to the Township of Minden Hills and may be required to enter into an agreement under Section 51(25) of the Planning Act ensuring for such. 7.The two retained parcels be merged into one parcel. 8.The registered owner(s) shall ensure, to the satisfaction of the Township of Minden Hills that the Township is fully reimbursed for any costs incurred by the Township for professional services related
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specifically to this application. It is recommended that the applicant consult with the Township of Minden Hills immediately following provisional consent being granted.
h) Report 17-072 Planning - PLDBL2017071 Application to Deem Lot 1 of Registered Plan No. 333 not to be a Part of a Registered Plan of Subdivision.
Recommendation: That Council receive Report #17-072 Planning PLDBL2017071 Application to Deem Lot 1 of Registered Plan No. 333 not to be a Part of a Registered Plan of Subdivision as information;
And further, that By-law No. 17-118 be approved to deem Lot 1 on Registered Plan 333 no longer part of a Plan of Subdivision.
i) Report 17-073 Planning - PLDBL2017072 Application to Deem Lot 4 of Registered Plan No. 333 not to be a Part of a Registered Plan of Subdivision
Recommendation: That Council receive Report #17-073 Planning PLDBL2017072 Application to Deem Lot 4 of Registered Plan No. 333 not to be a Part of a Registered Plan of Subdivision as information;
And further, that By-law No. 17-119 be approved to deem Lot 4 on Registered Plan 333 no longer part of a Plan of Subdivision.
j) Report 17-074 Planning - PLDBL2017073 Application to Deem Lot 5 of Registered Plan No. 333 not to be a Part of a Registered Plan of Subdivision
Recommendation: That Council receive Report #17-074 Planning PLDBL2017073 Application to Deem Lot 5 of Registered Plan No. 333 not to be a Part of a Registered Plan of Subdivision as information;
And further, that By-law No. 17-120 be approved to deem Lot 5 on Registered Plan 333 no longer part of a Plan of Subdivision.
k) Report 17-075 Planning - PLDBL2017074 Application to Deem Lot 3 of Registered Plan No. 333 not to be a Part of a Registered Plan of Subdivision
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Recommendation: That Council receive Report #17-075 Planning PLDBL2017074 Application to Deem Lot 3 of Registered Plan No. 333 not to be a Part of a Registered Plan of Subdivision as information;
And further, that By-law No. 17-121 be approved to deem Lot 3 on Registered Plan 333 no longer part of a Plan of Subdivision.
l) Report 17-076 Planning - PLOCC2017056 Agreement for a License of Occupation
Recommendation: That Council receive Report #17-076 PLOCC2017056 Agreement for a License of Occupation as information;
And further, that By-law No. 17-110 be approved to authorize the Reeve and Deputy Clerk to enter into an License of Occupation Agreement in respect to Application PLOCC2017056.
m) Report 17-077 Planning - PLSRA2017070 Application to purchase a portion of the Shore Road Allowance – Bob Lake
Recommendation: That Council receive Report #17-077 Planning PLSRA2017070 Application to purchase a portion of the Shore Road Allowance – Bob Lake as information;
And further, that the Planning Department proceed with the application to purchase a portion of the Shore Road Allowance (PLSRA2017070) in accordance with the established procedure under approved Policy No. 19, as amended.
n) Report 17-078 Planning PLZBA2017047 Proposed Zoning By- law Amendment
Recommendation: That Council receive Report #17-078 Planning PLZBA2017047 Proposed Zoning By-law Amendment as information;
And further, that By-law No. 17-98 be approved to rezone lands subject to application PLZBA2017047 from the Shoreline Residential (SR) Zone to the Open Space Exception Ten (OS-10) Zone;
o) Report 17-079 Planning PLZBA2017058 - Bow Lake (Public Meeting)
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Recommendation: That Council receive Report #17-079 Planning PLZBA2017058 Proposed Zoning By-law Amendment as information;
15. Finance and General Government
a) Notice of Motion - Discuss Change in title of the Head of Council
Where as Council passed resolution #17-547 at its September 14, 2017 Committee of the Whole Meeting approving the discussion to be brought forward to the September 28, 2017 Meeting of Council regarding the change of title's for the Head of Council, Reeve to Mayor; and Deputy Reeve to Deputy Mayor;
57 - 92 b) Report 17-018 Clerk - Funding Agreement Economic Development Strategic Plan.
Recommendation: That Report # 17-018 Clerk RED Funding Agreement– Economic Development Strategic Plan be received as information;
And further that Council adopt By-law 17-127 authorizing the Reeve and Clerk to execute an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs and the Corporation of the Township of Minden Hills for the creation of an Economic Development Strategic Plan.
16. Questions from the Media Relating to Agenda Items
17. Questions from the Public Relating to Agenda Items
18. Closed Session
a) That Council proceed into Closed Session at______for the purposes of discussing three items pursuant to Section 239(2)(d) of the Municipal Act, 2001, as amended regarding labour relations or employee negotiations
Recommendation: To proceed into Closed Session for the purposes of discussing three items pursuant to Section 239(2)(d) of the Municipal Act, 2001, as amended regarding labour relations or employee negotiations.
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19. Open Session Resume
a) Open Session Resume
Recommendation: That the Closed Session of Council adjourn at ______and Open Session resume.
20. Report from Closed Session
21. By-laws
93 - 127 a) September 28, 2017 By-laws: • By-law 17-98 PLZBA2011047 Zoning By-law Amendment (Coaster Trail -Bob Lake). • By-law 17-110 To authorize an Occupation Agreement - Forster Rd • By-law 17-115 SRA - Twelve Mile Lake • By-law 17-116 SRA - Bow Lake • By-law 17-117 SRA - Bow Lake • By-law 17-118 PLDBL2017071 - Bow Lake (Deeming) • By-law 17-119 PLDBL2017072 - Bow Lake (Deeming) • By-law 17-120 PLDBL2017073 - (Deeming) • By-law 17-121 PLDBL2017074 - (Deeming) • By-law 17-123 To authorize the execution of a Snack Bar Concession Agreement • By-law 17-124 Fees and Charges By-law - include schedule J - Advertising Program • By-law 17-125 To authorize the Execution of a Revised YCW-HO Funding Agreement & Declaration. • By-law 17-127 To authorize a RED - Funding Contribution Agreement
Recommendation: That the following By-laws be received and read a first time, considered read a second and third time and finally passed with the Corporate Seal affixed:
By-law 17-98 PLZBA2011047 Proposed Zoning By-law Amendment (Coaster Trail -Bob Lake). By-law 17-110 To authorize an Occupation Agreement - Forster Rd By-law 17-115 To stop up, close, and convey part of an original shore road allowance - Twelve Mile Lake By-law 17-116 To stop up, close, and convey part of an original
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shore road allowance - Bow Lake By-law 17-117 To stop up, close, and convey part of an original shore road allowance - Bow Lake By-law 17-118 To deem Lot 1 on Registered Plan 333 no longer part of a Plan of Subdivision - Bow Lake By-law 17-119 To deem Lot 4 on Registered Plan 333 no longer part of a Plan of Subdivision - Bow Lake By-law 17-120 To deem Lot 5 on Registered Plan 333 no longer part of a Plan of Subdivision - Bow Lake By-law 17-121 To deem Lot 3 on Registered Plan 333 no longer part of a Plan of Subdivision - Bow Lake By-law 17-123 To authorize the execution of a Snack Bar Concession Agreement By-law 17-124 To authorize the Comprehensive Fees and Charges By-law By-law 17-125 To authorize the Execution of a Revised YCW-HO Funding Agreement & Declaration. By-law 17-127 To authorize the RED Funding Contribution Agreement
22. Confirming By-law
128 a) By-Law 17-128 Confirming By-law
Recommendation: That By-law 17-128 being a by-law to confirm the proceedings of Council held during its Regular Council Meeting on September 28, 2017 be received and read a first time, considered read a second and third time and finally passed with the Corporate Seal affixed.
23. Adjournment
a) Adjournment of the September 28, 2017 Regular Council Meeting
That the September 28, 2017 Regular Council Meeting is hereby adjourned at ______.
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Report to: Reeve and Members of Council
From: Ian Clendening, Planner
Date: Thursday, September 28, 2017
Subject: Report #17-079 Planning PLZBA2017058 Proposed Zoning By-law Amendment
Report Purpose:
The purpose of this report is to initiate a public meeting in accordance with Section 34 of the Planning Act.
Background: Property Details
Part Lot 20, Concession 4, Location Geographic Description: Township of Snowdon Official Plan Waterfront Designation:
Zoning By- Shoreline law 06-10, Residential (SR) as amended Schedule 20 Zone:
no municipal road Access: (Private Road)
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Page 15 of 128 The subject property is 0.38 ha. (0.95 ac.) in size having 117.3m. (385') of frontage along Bow Lake. Access to the property is by means of a 3.3 kilometer trail across crown land which starts at Milburn Road. Harbinson Lane terminates roughly 300m. (984’) to the east of the property which would provide more direct access (measuring ~1.6 kilometers to County Road 503), but to which the subject property does not have legal access over.
Page 2/5
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Proposal:
The Township has received an application to amend the zoning in order to permit a crown access road as a permitted access. The proposed zoning amendment would change the subject property from the Shoreline Residential (SR) Zone to a site specific Shoreline Residential Exception Sixty-Two (SR-62)
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Page 17 of 128 Zone with the site specific zoning allowing for access by means of the existing trail over Crown Land.
Under the current Shoreline Residential (SR) Zoning, a building permit may not be issued for a dwelling as the frontage requirements contained in Section 4.9.3 which states:
4.9.3 Private Right-of-Way or Navigable Waterway:
a) Where a lot that existed prior to the passage of this By-law is accessible by means of a Private Road, Seasonal Township Road or Forest Access Road as shown on Schedule 26, attached hereto, or a registered private right-of-way or easement that has been legally established to permit vehicular access, the provisions of this By-law shall not apply to prevent the use of land or the construction of a building or structure, provided the use, building or structure is compliant with all other provisions of this By-law.
b) Where a building or structure was lawfully used for a purpose permitted within the Zone in which it is located, as of the date of passing of this By- law, and where such building or structure is only accessible by means of a private right-of-way providing ingress and egress to a public street or road allowance, the provisions of this By-law shall not apply to prohibit the extension, enlargement, renovation or reconstruction of such structure.
c) Notwithstanding the provisions of this Section and Section 4.21 to the contrary, within the Shoreline Residential (SR) Zone where a lot is accessible by means of a navigable waterway only, the erection, alteration of or use of a building or structure for a use permitted in the Shoreline Residential (SR) Zone, is permitted and the lot shall not be required to provide parking facilities. For the purposes of this by-law, where a lot fronts upon a shore road or marine allowance, the lot shall be deemed to front upon and be accessible from a navigable waterway.
d) Notwithstanding the provisions of this Section to the contrary, within the Rural (RU) Zone, the provisions of this By-law shall not apply to prohibit the erection, alteration or use of a hunt camp on Crown land.
The vacant property is not zoned Rural (RU) and does not front on a road identified on Schedule 26 (exemption a, b, and d); and is not considered accessible by a navigable waterway only (exemption c). As such a re-zoning is required.
At this time, the Township has given notice and held a Public Meeting pursuant to the Planning Act. Subsequent to any comments received, a further report outlining relevant policies, and a draft by-law will be prepared for Council’s consideration. Page 4/5
Page 18 of 128 Financial Implications: There are no financial implications for the 2017 budget.
Energy Impacts and Renewable Energy Readiness: There are no energy impacts associated with this report.
Recommendation: That Council receive Report #17-079 Planning PLZBA2017058 Proposed Zoning By-law Amendment as information;
Respectfully submitted,
Ian Clendening, MPl. Planner
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Page 19 of 128 The Corporation of the Township of Minden Hills Council Meeting
Meeting Minutes
Thursday, August 31, 2017 Minden Hills Council Chambers
Present: Reeve Brent Devolin Deputy Reeve Cheryl Murdoch Councillor Jeanne Anthon Councillor Ron Nesbitt Councillor Pam Sayne Councillor Lisa Schell Councillor Jean Neville
Staff: CAO/Treasurer, Lorrie Blanchard Clerk, Dawn Newhook Deputy Clerk, Vicki Bull Road Superintendent, Travis Wilson Environmental and Property Operations Manager, Ivan Ingram CBO/Building Inspector, Colin McKnight Director of Community Services, Mark Coleman Fire Chief, Doug Schell Planner, Ian Clendening
The meeting was called to order at 9:00 a.m.
1. CALL TO ORDER/APPROVE AGENDA
a) Approval of August 31, 2017 Agenda.
Res. #17-470 Moved by: Councillor Anthon Seconded by: Councillor Nesbitt Be it resolved that the August 31, 2017 Council Meeting Agenda be approved as circulated. CARRIED
2. DECLARATION OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF
There were no disclosures of pecuniary interest.
3. PUBLIC MEETINGS
a) Zoning By-law Amendment Application PLZBA2017047 - Coaster Trail.
Res. #17-471 Moved by: Councillor Schell Seconded by: Councillor Anthon Be it resolved that Council adjourns its Regular Council meeting at 9:02 am in order to proceed into a Public Meeting under Section 34 of the Planning Act regarding Zoning By-law Amendment PLZBA2017047 for property located on Coaster Trail. CARRIED
August 31, 2017 Council Minutes Page 1
Page 20 of 128 Res. #17-472 Moved by: Councillor Nesbitt Seconded by: Councillor Schell Be it resolved that hereby adjourns the Public Meeting at 9:17 am regarding Zoning By-law Amendment PLZBA2017047 for property located on Coaster Trail and reconvenes the Regular Meeting of Council. CARRIED
4. DELEGATIONS
a) Diana Earle Re: Requesting Waiver/Reduction of Rental Fee at Community Centre for "So Glad 2 Be Me" Program.
Res. #17-473 Moved by: Councillor Nesbitt Seconded by: Councillor Anthon Be it resolved that Council receives a presentation from Diana Earle regarding the So Glad 2 Be program and request to waive, or reduce, rental fees at municipal venues for the program;
And further that Council approves the waiving of fees for the rental of the Community Centre for the program for the remainder of 2017;
And further Ms. Earle complete the Grant Policy 91 for consideration during the 2018 budget deliberations. CARRIED
b) Diane Peacock Re: Terry Fox Run Sunday, September 17, 2017.
Res. #17-474 Moved by: Councillor Anthon Seconded by: Councillor Schell Be it resolved that Council receives a presentation from Diane Peacock regarding the Terry Fox Run being held in Minden on Sunday, September 17, 2017 as information. CARRIED
c) Tasha Bullock, Fund Developer Re: Junior Achievement Programs and Request for Sponsorship.
Res. #17-475 Moved by: Councillor Nesbitt Seconded by: Councillor Schell Be it resolved that Council acknowledges receipt of a presentation from Tasha Bullock regarding Junior Achievement Programs and a request for sponsorship;
And further the request for sponsorship be referred to the 2018 budget deliberations. CARRIED
d) Larry McLean Re: Concerns with Docking System located on Kashagawigamog Lake.
Res. #17-476 Moved by: Councillor Schell Seconded by: Councillor Nesbitt Be it resolved that Council receive a presentation from Larry McLean regarding concerns with a docking system located on Kashagawigamog Lake as information. CARRIED
e) Andrew Ip, P.Eng, Masongsong Associates Re: Drainage in Pine Ridge Estates Subdivision - Lot 37, Plan 593.
August 31, 2017 Council Minutes Page 2
Page 21 of 128 Res. #17-477 Moved by: Councillor Nesbitt Seconded by: Councillor Anthon Be it resolved that Council receives a delegation from Andrew Ip, P.Eng, Masongsong Associates regarding drainage in Pine Ridge Estates Subdivision - Lot 37, Plan 593 as information. CARRIED
Council recessed at 10:17 a.m. and reconvened at 10:28 a.m.
5. ADOPTION OF MINUTES FROM PREVIOUS MEETING
a) June 29, 2017 Public Meeting Minutes.
Res. #17-478 Moved by: Councillor Nesbitt Seconded by: Councillor Anthon Be it resolved that June 29, 2017 Public Meeting Minutes be approved as circulated. CARRIED
b) July 17, 2017 Special Council Meeting Minutes - Scotchline Landfill.
Res. #17-479 Moved by: Councillor Anthon Seconded by: Councillor Schell Be it resolved that the July 17, 2017 Special Council Meeting Minutes regarding the Scotchline Landfill Plan be approved as circulated. CARRIED
c) July 17, 2017 Special Council Meeting Minutes - Heart and Stroke Big Bike Ride.
Res. #17- 480 Moved by: Councillor Nesbitt Seconded by: Councillor Schell Be it resolved that the July 17, 2017 Special Council Meeting Minutes regarding the Heart and Stroke Big Bike Ride be approved as circulated. CARRIED
d) July 27, 2017 Public Meeting Minutes.
Res. #17-481 Moved by: Councillor Nesbitt Seconded by: Councillor Anthon Be it resolved that the July 27, 2017 Public Meeting Minutes be approved as circulated. CARRIED
e) July 27, 2017 Regular Council Meeting Minutes.
Res. #17-482 Moved by: Councillor Anthon Seconded by: Councillor Nesbitt Be it resolved that the July 27, 2017 Regular Council Meeting Minutes be approved as circulated. CARRIED
6. PAYMENT OF ACCOUNTS
a) August 31, 2017 Accounts.
Res. #17-483 Moved by: Councillor Nesbitt Seconded by: Councillor Schell Be it resolved that the August 31, 2017 accounts in the amount of $1,448,676.89 be approved for payment. CARRIED
August 31, 2017 Council Minutes Page 3
Page 22 of 128 7. REEVE'S REPORT
a) Update from AMO Conference
The Reeve provided an update to Council on attendance at the AMO Conference and thanked Councillors’ Sayne and Nesbitt, Mayor Moffat, Deputy Mayor Danielsen and Reeve Burton for their support regarding delegations made to the Ministry of Natural Resources and Forestry, Ministry of Municipal Housing and Ministry of the Environment and Climate Change.
b) Update on County Business
The Reeve advised that, Deputy Warden position has been created at the County.
The Reeve advised of two recent promotions within the County of Haliburton naming Mike March the Director of IT and Charlsey White, Deputy CAO along with her duties as the County Planner.
8. CORRESPONDENCE AND COMMUNICATIONS
a) The Township of Archipelago Re: Changes Under Bill 68 related to Out of Court Payments.
Res. #17-484 Moved by: Councillor Nesbitt Seconded by: Councillor Anthon Be it resolved that Council receives correspondence dated July 26, 2017 from the Township of The Archipelago requesting the Minister of Municipal Affairs to reconsider the proposed changes under Bill 68 pertaining to out of court payments as information;
And further Council support The Township of The Archipelago and respectfully requests the Minister of Municipal Affairs to reconsider the proposed changes under Bill 68 pertaining to out of court payments;
And further a copy of this resolution be forwarded to the Premier of Ontario, Minister of Municipal Affairs, Laurie Scott, MP, and AMO. CARRIED
b) Honourable Bill Mauro, Minister of Municipal Affairs Re: Requesting Council Comments on the Collection of 25 Signatures Endorsing a Candidates Nomination in a Municipal Election.
Res. #17-485 Moved by: Councillor Anthon Seconded by: Councillor Nesbitt Be it resolved that Council receives Honourable Bill Mauro, Minister of Municipal Affairs regarding the collection of 25 signatures endorsing a candidates nomination in a municipal election as information; CARRIED
c) Sylvia Jones, MPP Dufferin-Caledon, Deputy Leader of the PC Caucus Re: Private Member's Bill 141 - Sewage By-pass Report Act, 2017.
Res. #17-486 Moved by: Councillor Schell Seconded by: Councillor Nesbitt Be it resolved that Council receive correspondence from Sylvia Jones, MPP Dufferin- Caledon, Deputy Leader of the PC Caucus regarding private member's Bill 141 - Sewage By- pass Report Act, 2017 as information;
And further Council requests staff to prepare a report with further information and be brought back to Council for consideration. CARRIED
August 31, 2017 Council Minutes Page 4
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d) Rod Stableforth, Davis Lake Cottage Association Re: Mandatory Septic Pumping and Tank Inspections.
Res. #17-487 Moved by: Councillor Anthon Seconded by: Councillor Nesbitt Be it resolved that Council receives correspondence from Rob Stableforth, Davis Lake Cottage Association, regarding mandatory septic pumping and tank inspections for information. CARRIED
9. ENVIRONMENTAL
a) Report #17-033 EPO - Revised 25 Year Plan Transfer Station Layout.
Res. #17-488 Moved by: Councillor Schell Seconded by: Councillor Anthon Be it resolved that Council receive Report #17-033 EPO – Revised 25 Year Plan Transfer Station Layout as information;
And further, that Council approve the revised plan as presented by Staff for submission to the Ministry of the Environment and Climate Change. CARRIED
b) Report #17-034 EPO - Request to Waive Tipping Fees.
Res. #17-489 Moved by: Councillor Nesbitt Seconded by: Councillor Schell Be it resolved that Council receive Report 17-034 EPO – Request to Waive Tipping Fees as information;
And further, that Council approves the waiving of tipping fees for the not-for-profit organization, Places for People being a low income housing provider for two separate family dwellings within the Township of Minden Hills for an approximate total of $180.00 in tipping fees per year for each household, for a total of $360.00 per year; CARRIED
c) Report #17-035 EPO - Repair Costs for Water Street Main Break.
Res. #17-490 Moved by: Councillor Anthon Seconded by: Councillor Nesbitt
Be it resolved that Council receive Report #17-035 EPO – Repair Costs for Water Street Main Break as information;
And further, that Council approves the emergency repairs as a sole source procurement as per Section 7.4 of the Township’s procurement policy;
And further, that Council approves the payment of $21,499.40 plus $2,794.92 HST for a total cost of $24,294.32 from the Water Reserve, in the absence of a 2017 departmental surplus. CARRIED
d) Report #17-036 EPO - Amendment to the Scotchline Remedial Action Plan.
Res. #17-491 Moved by: Councillor Nesbitt Seconded by: Councillor Schell Be it resolved that Council receive Report #17-036 EPO – Amendments to the Scotchline Remedial Action Plan as information;
August 31, 2017 Council Minutes Page 5
Page 24 of 128 And further, that Council approve the amendments to the Scotchline Remedial Action Plan as presented by Staff;
And further, that Council approves the work to be completed as a single source procurement by Kernohan Construction as per Section 7.3 of the Township’s procurement policy;
And further, that Council approve the additional funds for the completion of the Scotchline Remedial Action Plan, in the amount of $36,677.70 required to complete the necessary work for a cost of $58,2900.00 plus $7,577.70 HST being a total cost of $68,867.70;
And further, that Council approve the transfer of funds required to complete the Scotchline Remedial Action Plan from the Landfill Reserves. CARRIED
e) Climate Action Change Advisory Committee Meeting Minutes - June 26, 2017. (Recommendations)
Res. #17-492 Moved by: Councillor Schell Seconded by: Councillor Anthon Be it resolved that Council receives the Climate Action Change Advisory Committee Meeting Minutes dated June 26, 2017;
And further that Council acknowledges, with regret, the resignations of Thomas Timmins and Mark Bernier;
And further that Council acknowledges the recommendation that the range and focus of the funding from FCM be completed in consultation with Senior Staff, Ivan Ingram and proceed through a ULinks project and direct staff to investigate and report back to Council for further consideration during the 2018 budget deliberations;
And further that Council acknowledges for information purposes only, the Committee’s recommendation that a third party be hired to facilitate a review of the flood and the development of an action plan to be implemented by all stake holders in coordination. CARRIED
Council recessed at 11:17 a.m. and reconvened at 11:25 a.m.
10. ROADS
a) Report #17-052 Roads - July 2017 Monthly Activity Report.
Res. #17-493 Moved by: Councillor Schell Seconded by: Councillor Anthon Be it resolved that Council receives Report #17-052 Roads – July 2017 Monthly Activity Report for information. CARRIED
b) Report #17-053 Roads - OCIF Top-Up Application.
Res. #17-494 Moved by: Councillor Anthon Seconded by: Councillor Nesbitt Be it resolved that Council receive Report # 17-053 - Roads – OCIF Top-Up Application as information;
And further, that Council approves Staff to proceed with the OCIF Top-Up application, with the project being the rehabilitation of Howland Junction Road. CARRIED
August 31, 2017 Council Minutes Page 6
Page 25 of 128 c) Report #17-054 Roads - NDMP Funding - Intake #4.
Res. #17-495 Moved by: Councillor Nesbitt Seconded by: Councillor Anthon Be it resolved that Council receive Report # 17-054 - Roads – NDMP Funding Application as information;
And further, that Council directs Staff to submit an application for the current intake of the National Disaster Mitigation Program for funding towards both the purchase of 930 m of aqua dam flood control product and the purchase of a duck bill check valve for the Peck Street storm sewer outlet as identified in the said report. CARRIED
d) Report #17-055 Roads - Sole Source Painting of Tandem Truck.
Res. #17-496 Moved by: Councillor Anthon Seconded by: Councillor Nesbitt Be it resolved that Council receive Report # 17-055 - Roads – Sole Source Painting of Tandem Truck as information;
And further, that Council approves Maggie’s Auto Repair Shop in Eagle Lake to perform the painting of the 2017 International Tandem in the amount of $8,977.00 inclusive of HST. CARRIED
e) Report #17-056 Roads - One-Tonne Sander Replacement.
Res. #17-497 Moved by: Councillor Anthon Seconded by: Councillor Schell Be it resolved that Council receive Report # 17-056 - Roads – One-Tonne Sander Replacement as information;
And further, that Council directs Staff to request quotations for the replacement of the sanding unit and that the quotations be brought back to Council for consideration. CARRIED
f) Report #17-057 Roads - Request for Road Closure - Taylor Road.
Res. #17-498 Moved by: Councillor Nesbitt Seconded by: Councillor Schell Be it resolved that Council receive Report # 17-057 - Roads – Request for Road Closure – Taylor Road as information;
And further Council approves By-law 17-108 authorizing the Reeve and Clerk to execute the Agreement between the Township of Minden Hills and Parks Canada/Government of Canada for the Temporary Road Closure of Taylor Road. CARRIED
g) Report #17-058 Roads - Roadside Mowing - Quotation Results.
Res. #17-499 Moved by: Councillor Nesbitt Seconded by: Councillor Anthon Be it resolved that Council receive Report # 17-058 - Roads – Roadside Mowing – Quotation Results as information;
And further, that Council approves the awarding of the Roadside Mowing Quotation for 2017 and 2018 to J&C Cox Farms in the amount of $14.35 per Lane Kilometer. CARRIED
August 31, 2017 Council Minutes Page 7
Page 26 of 128 h) Report #17-059 Roads - Municipal Asset Management Program.
Res. #17-500 Moved by: Councillor Nesbitt Seconded by: Councillor Schell Be it resolved that Council receive Report # 17-059 - Roads – MAMP Funding as information;
And further, that Council directs Staff to submit an application for CCTV Inspection of; Water Service Network, Sanitary Service Network, Storm Sewer Network, Comprehensive Road Needs Study, and Asset Management Software System. CARRIED
i) Report #17-060 Roads - Bridge Tender Results.
Res. #17-501 Moved by: Councillor Anthon Seconded by: Councillor Nesbitt Be it resolved that Report # 17-060 Tender Results for the Rehabilitation of the Soyer’s Lake Road Bridge, Ritchie Falls Road Bridge A, Ritchie Falls Road Bridge B and Ancillary work be received as information;
And further, that Council award the tender to Beam Construction in the amount of $477,106.25, exclusive of HST, and that the Roads Reserves be utilized to cover any additional costs related to this contract.
And further, that Council approves the By-law 17-109 authorizing the Reeve and Clerk to execute the Agreement between the Township of Minden Hills and Beam Construction for the rehabilitation of the Soyer’s Lake Road Bridge, Ritchie Falls Road Bridges A & B. CARRIED
j) Report #17-061 Roads - Bobcaygeon Road.
Res. #17-502 Moved by: Councillor Schell Seconded by: Councillor Anthon Be it resolved that Council receive Report # 17-061 - Roads – Bobcaygeon Road as information;
And further, that Council directs Staff to proceed with maintaining as required in regards to the section of Bobcaygeon Road from Scotch Line Road north for 900m. CARRIED
Council recessed at 12:10 p.m. and reconvened at 12:45 p.m.
k) Discussion Re: Pleasant Point Road.
Res. #17-503 Moved by: Councillor Schell Seconded by: Councillor Nesbitt Be it resolved that Council directs staff to apply two or three loads of gravel to Pleasant Point Road of a distance of 122m beyond the snow plow turn around at a cost of $1000.00. CARRIED
11. COMMUNITY SERVICES
a) Report #17-048 CSD - Monthly Activity Report.
Res. #17-504 Moved by: Councillor Nesbitt Seconded by: Councillor Anthon Be it resolved that Council receives Report # 17-048 Community Services Department Monthly Activity Report for July 15 through August 15, 2017 as information. CARRIED
August 31, 2017 Council Minutes Page 8
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b) Report #17-049 CSD - Appreciation BBQ Event Planning & Quote.
Res. #17-505 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Sayne Be it resolved that Council receives Report # 17-49 Community Services Department – Appreciation “Thank You” BBQ Event Planning and Quotations as information;
And further, that Council directs staff to cancel the BBQ due to low RSVP numbers;
And further Council directs the $7,000.00 be applied to the Township’s granting program. CARRIED
c) Events Sub-Committee Meeting Minutes - August 10, 2017. (Recommendation)
Res. #17-506 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch Be it resolved that Council receives the August 10, 2017 Events Committee Meeting Minutes as information. CARRIED
d) Cultural Centre Advisory Committee Meeting Minutes - August 8, 2017. (No Recommendations)
Res. #17-507 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that Council receives the Cultural Centre Advisory Committee Meeting Minutes dated August 8, 2017 as information. CARRIED
12. FIRE SERVICES
a) Report #17-018 Fire - Automatic Aid Agreement Municipality of Dysart et al.
Res. #17-508 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Sayne Be it resolved that Council receive Report 17-018 – FIRE – Fire Agreement – Municipality of Dysart et al as information;
And further, that Council adopt By-law #17-111 authorizing the Reeve and the Clerk to execute an agreement between the Township of Minden Hills and the Municipality of Dysart et al for Automatic Aid. CARRIED
b) Report #17-019 Fire - Digital Radio Upgrade.
Res. #17-509 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch Be it resolved that Council receive Report 17-019 FIRE – Digital Radio Upgrade as information;
And further, that Council approves the purchase of the Digital Radio System as a single source purchase as per Section 7.3 of the Township’s procurement policy;
And further, that Council approves the purchase of the Digital Radio System in the amount of $30,769.65 plus $4,000.05 HST for a total cost of $34,769.70;
August 31, 2017 Council Minutes Page 9
Page 28 of 128 And further, that Council approves the purchase of the Repeater in the amount of $7,541.88 plus $980.44 HST for a total cost of $8,522.32, to be split equally between the Fire and Roads Departments. CARRIED
c) Report #17-020 Fire - July 2017 Fire Summary.
Res. #17-510 Moved by: Councillor Sayne Seconded by: Councillor Neville Be it resolved that Council receive Report 17-020 FIRE – July 2017 Fire Summary as information. CARRIED
13. BUILDING AND BY-LAW SERVICES
a) Report #17-011 CBO- Noise By-law Exemption - AECOM.
Res. #17-511 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Sayne Be it resolved that Council receives Report #17-11 Noise By-Law Exemption - AECOM as information;
And further, that Council approves the Noise By-Law exemption request received from AECOM, in reference to the replacement of culverts on Highway 118. CARRIED
b) Report #17-012 CBO - July Monthly Activity Summary.
Res. #17-512 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch Be it resolved that Report #17-012 – CBO Building/Bylaw/Planning July 2017 Monthly Activity Summary be received as information. CARRIED
c) Report #17-013 CBO - Mandatory Septic Inspections.
Res. #17-513 Moved by: Councillor Sayne Seconded by: Councillor Neville Be it resolved that Council receives Report #17-013 CBO Mandatory Septic Inspections as information;
And further, that Council requests staff to prepare a report containing information on both options being hiring outside consultant to complete inspections and hiring of environmental students for data collection to be brought back to Council in October 2017. CARRIED
14. PLANNING AND DEVELOPMENT
a) Report #17-047 Planning - 2016 Census Update.
Res. #17-514 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Sayne Be it resolved that Council receive Report #17-047 Planning 2016 Census Update as information. CARRIED
August 31, 2017 Council Minutes Page 10
Page 29 of 128 b) Report #17-048 Planning - 2017 OACA Conference.
Res. #17-515 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch Be it resolved that Council receive Report #17-048 Planning 2017 OACA Conference as information. CARRIED
c) Report #17-049 Planning - PLZBA2017047 Proposed Zoning By-law Amendment.
Res. #17-516 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that Council receive Report #17-049 Planning PLZBA2017047 Proposed Zoning By-law Amendment as information. CARRIED
d) Report #17-050 Planning - PLRZH2017023 Remove a Holding (H) Symbol.
Res. #17-517 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Sayne Be it resolved that Council receive Report #17-050 Planning PLRZH2017023 Remove a Holding (H) Symbol as information;
And Further, that Council pass By-law 17-64 removing the Holding (H) symbol on Lot 37 of Plan 593. CARRIED
e) Report #17-051 Planning - PLH2017038 Application for Severance – Creation of a New Lot.
Res. #17-518 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch Be it resolved that Council receive Report #17-051 Planning PLH2017038 Application for Severance – Creation of a New Lot as information;
And further that Application for Consent H-026/17 be recommended for approval subject to the following conditions:
1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Municipality;
2. The registered owner shall obtain an amendment to the comprehensive Zoning By-law for the severed and retained lots to the satisfaction of the Township of Minden Hills. It is recommended that the registered owner make application to the Township of Minden Hills immediately following provision consent being granted;
3. A copy of all reference plans associated with this application shall be provided to the Planner for the Township of Minden Hills for approval prior to registration;
4. The registered owner(s) shall ensure, to the satisfaction of the Township of Minden Hills that the Township is fully reimbursed for any costs incurred by the Township for professional services related specifically to this application;
5. Settlement of 5% cash-in-lieu of parkland dedication in the amount of $1,200.00 for the severed parcel shall be paid to the Township of Minden Hills, pursuant to Section 51.1 of the Planning Act. CARRIED
August 31, 2017 Council Minutes Page 11
Page 30 of 128 f) Report #17-052 Planning - Acceptance of Land to Break a Consent.
Res. #17-519 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that Council receive Report #17-052 Planning Acceptance of Land to Break a Consent as information;
And further, that By-law 17-100 is passed to authorize the acceptance of land described as Part of Lot 31, Concession 9, in the Geographic Township of Minden, in the County of Haliburton, being Part 1 on Plan 19R-9960, and dedicate such land as part of the Road Network. CARRIED
g) Report #17-053 Planning - PLSRA2017053 Application to purchase a portion of the Shore Road Allowance – Davis Lake.
Res. #17-520 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Sayne Be it resolved that Council receive Report #17-053 Planning PLSRA2017053 Application to purchase a portion of the Shore Road Allowance – Davis Lake as information;
And further, that the Planning Department proceed with the application to purchase a portion of the Shore Road Allowance (PLSRA2017053) in accordance with the established procedure under approved Policy No. 19, as amended. CARRIED
h) Report #17-054 Planning - PLSRA2017055 Application to purchase a portion of the Shore Road Allowance – Gull Lake.
Res. #17-521 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch Be it resolved that Council receive Report #17-054 Planning PLSRA2017055 Application to purchase a portion of the Shore Road Allowance – Gull Lake as information;
And further, that the Planning Department proceed with the application to purchase a portion of the Shore Road Allowance (PLSRA2017055) in accordance with the established procedure under approved Policy No. 19, as amended. CARRIED
i) Report #17-055 Planning - PLSRA2016052 Application to purchase a portion of the Shore Road Allowance – Twelve Mile Lake.
Res. #17-522 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that Council receive Report #17-055 Planning PLSRA2016052 Application to purchase a portion of the Shore Road Allowance – Twelve Mile Lake as information;
And further, that By-law No. 17-99 is approved to stop up, close, and convey part of an original shore road allowance with respect to application PLSRA2016052. CARRIED
j) Report #17-056 Planning - Report #17-056 Planning Re: PLSRA2017006 Application to purchase a portion of the Shore Road Allowance – Bow Lake.
Res. #17-523 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Sayne Be it resolved that Council receive Report #17-056 Planning PLSRA2017006 Application to purchase a portion of the Shore Road Allowance – Bow Lake as information;
August 31, 2017 Council Minutes Page 12
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And further, that By-law No. 17-101 is approved to stop up, close, and convey part of an original shore road allowance with respect to application PLSRA2017006. CARRIED
k) Report #17-057 Planning - PLOCC2016044 Agreement for a License of Occupation.
Res. #17-524 Moved by: Councillor Neville Seconded by: Deputy Reeve Murdoch Be it resolved that Council receive Report #17-057 Planning PLOCC2016044 Agreement for a License of Occupation as information;
And further, that By-law No. 17-104 be approved to authorize the Reeve and Clerk to enter into a License of Occupation Agreement in respect to Application;
And further, that Council direct Staff to review and update Policy 45 to include provisions for existing buildings and structures located on Shore Road Allowances. CARRIED
l) Report #17-058 Planning - PLOCC2017028 Agreement for a License of Occupation.
Res. #17-525 Moved by: Councillor Sayne Seconded by: Councillor Neville Be it resolved that Council receive Report #17-058 PLOCC2017028 Agreement for a License of Occupation as information;
And further, that By-law No. 17-103 be approved to authorize the Reeve and Clerk to enter into a License of Occupation Agreement in respect to Application. CARRIED
m) Report #17-060 Planning - Agreement for Minor Variance.
Res. #17-526 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Sayne Be it resolved that Council receive Report #17-060 Agreement for Minor Variance as information;
And further, that By-law No. 17-102 be approved to authorize the Reeve and Clerk to execute an Agreement for lands identified as Part Lot 21, Concession 7, Geographic Township of Lutterworth, being Parts 1& 2 of Registered Plan 19R-5925. CARRIED
15. FINANCE AND GENERAL GOVERNMENT
a) Verbal Report Councillor Nesbitt - AMO Conference Update.
Councillor Nesbitt provided a verbal update on attendance at the 2017 AMO Conference
b) Verbal Report Councillor Sayne - AMO Conference Update & Community Energy Plan.
Councillor Sayne provided a verbal update on attendance at the 2017 AMO Conference
August 31, 2017 Council Minutes Page 13
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c) Report #17-014 Clerk - 2018 Municipal Election - Joint Compliance Audit Committee.
Res. #17-527 Moved by: Councillor Neville Seconded by: Deputy Reeve Murdoch Be it resolved that Report # 17-014 Clerk – 2018 Municipal Election – Joint Compliance Audit Committee be received as information. CARRIED
d) Report #17-015 Clerk - RED Funding.
Res. #17-528 Moved by: Councillor Sayne Seconded by: Councillor Neville Be it resolved that Report # 17-015 Clerk RED Funding Conditional Approval – Economic Development Strategic Plan be received as information;
And further that Council appoints Councillor Anthon and Councillor Sayne to participate in the interviews and the interview evaluations of short listed consultants. CARRIED
e) Report # 17-023 Admin/Treasury - Municipal (Public) 2017 Flood Costs Update.
Res. #17-529 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Neville Be it resolved that Council receives Report #17-023 Admin/Treasury – Municipal (Public) 2017 Flood Costs Update as information;
And further, that Council directs the 2017 unbudgeted Flood expenditures of approximately $170,000 be funded by a combination of options 1 and 2 as identified in the said report;
And further, that Council directs Staff to defer an increase to the Emergency Preparedness Reserve to the 2018 budget deliberations. CARRIED
f) Report # 17-024 Admin/Treasury - Cyber Insurance – County of Haliburton.
Res. #17-530 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch
Be it resolved that Council receives Report #17-024 Admin/Treasury – Cyber Insurance – County of Haliburton as information;
And further, that Council approves a County-wide collaborative approach to Cyber insurance:
And further, that Council directs staff to seek an opinion from the Township’s insurance company;
And further, that Council approves the amount of coverage approved by the County’s Finance and Correspondence Committee, and requests that the premium be allocated on a User basis;
And further, Council approves the $10,000 deductible approved by the County’s Finance and Correspondence Committee, and that, in keeping with the intent of this collaborative approach, the deductible be paid by the County of Haliburton. CARRIED
August 31, 2017 Council Minutes Page 14
Page 33 of 128 g) Report #17-025 Admin/Treasury Policy #28 - Procedures for Conducting Employee Performance Appraisals Update.
Res. #17-531 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that Council receives Report #17-025 Admin/Treasury – Policy #28 - Procedures for Conducting Employee Performance Appraisals Update as information;
And further, that Council approves the revisions to Policy #28 - Procedures for Conducting Employee Performance Appraisals, and the related By-Law #17-112, authorizing the Reeve and Clerk to sign the amended policy. CARRIED
h) Report #17-026 Admin/Treasury Policy #17 - Procurement Policy.
Res. #17-532 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Neville Be it resolved that Council receives Report #17-026 Admin/Treasury – Policy #17 - Procurement Update as information;
And further, that Council approves the revisions to Policy #17 - Procurement, and the related By-Law #17-113, authorizing the Reeve and Clerk to sign the amended policy. CARRIED
16. QUESTIONS FROM THE MEDIA RELATING TO AGENDA ITEMS
There were no questions from the public
17. QUESTIONS FROM THE PUBLIC RELATING TO AGENDA ITEMS
There were no questions from the media
18. CLOSED SESSION
Res. #17-533 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch Be it resolved that Council proceed into Closed Session at 3:00 p.m. for the purposes of discussing: Four items pursuant to Section 239(2) (e) of the Municipal Act, 2001, as amended, regarding litigation or potential litigation, including matters before an administrative tribunal, affecting the municipality; One item pursuant to Section 239(2) (c) of the Municipal Act, 2001, as amended regarding the proposed or pending disposition of land; Two items pursuant to Section 239(2) (c) of Municipal Act, 2001, as amended regarding the proposed or pending acquisition of land; One item pursuant to Section 239(2)(d) of the Municipal Act, 2001, as amended regarding labour relations or employee negotiations. CARRIED
19. OPEN SESSION RESUME
a) Return to Open Session.
Res. #17-534 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that the Closed Session of Council adjourn at 3:51 p.m. and Open Session resume. CARRIED August 31, 2017 Council Minutes Page 15
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20. REPORT FROM CLOSED SESSION
Nothing to report.
21. BY-LAWS
a) August 31, 2017 By-laws: By-law 17-64 Remove Holding (H) Symbol - Lot 37, of Plan 593, Geographic Township of Anson. By-law 17-99 Stop-Up, Close and Convey Part of Original Shore Road Allowance in front of Part Lot 13, Concession 13, Geographic Township of Minden. By-law 17-100 to Authorize the Acceptance of Lands described as Part of Lot 31, Concession 9, Geographic Township of Minden, being Part 1 on Plan 19R-9960 and deem lands part of the Road System. By-law 101 Stop-Up, Close and Convey Part of Original Shore Road Allowance in front of Lot 19 & 20, Concession 3, and Part of Lot 19, Concession 4 Geographic Township of Snowdon. By-law 17-102 To Authorize the Reeve and Clerk to execute an Agreement between the Township of Minden Hills and William and Joan Lindsay as per Condition of approval of Minor Variance Application PLMV2017033. By-law 17-103 To Authorize the Reeve and Clerk to execute License of Occupation Agreement between the Township of Minden Hills, Sherry Shura and Denise Millet. By-law 17-104 To Authorize the Reeve and Clerk to execute License of Occupation Agreement between the Township of Minden Hills and Diane and Lawrence Agnelli. By-law 17-106 To Establish Due Dates for the Payment of Taxes for Properties in the Commercial, Industrial, and Multi-Residential Classes. By-law 17-108 To Authorize the Reeve and Clerk to execute an Agreement between the Township of Minden Hills and Park Canada for the Temporary Closure of Taylor Road. By-law 17-109 To Authorize the Reeve and Clerk to execute an Agreement between the Township of Minden Hills and Beam Construction for bridge rehabilitation. By-law 17-111 To Authorize the Reeve and Clerk to execute a Automatic Aid Agreement with the Municipality of Dysart et al. By-law 112 To Amend Policy #28 Procedures for Employee Performance Appraisals. By-law 113 To Amend Policy #17 Procurement.
Res. #17-535 Moved by: Deputy Reeve Murdoch Seconded by: Councillor Neville Be it resolved that the following By-laws be received and read a first time, considered read a second and third time and finally passed with the Corporate Seal affixed: By-law 17-64 Remove Holding (H) Symbol - Lot 37, of Plan 593, Geographic Township of Anson. By-law 17-99 Stop-Up, Close and Convey Part of Original Shore Road Allowance in front of Part Lot 13, Concession 13, Geographic Township of Minden. By-law 17-100 to Authorize the Acceptance of Lands described as Part of Lot 31, Concession 9, Geographic Township of Minden, being Part 1 on Plan 19R-9960 and deem lands part of the Road System. By-law 101 Stop-Up, Close and Convey Part of Original Shore Road Allowance in front of Lot 19 & 20, Concession 3, and Part of Lot 19, Concession 4 Geographic Township of Snowdon. By-law 17-102 To Authorize the Reeve and Clerk to execute an Agreement between the Township of Minden Hills and William and Joan Lindsay as per Condition of approval of Minor Variance Application.
August 31, 2017 Council Minutes Page 16
Page 35 of 128 By-law 17-103 To Authorize the Reeve and Clerk to execute License of Occupation Agreement between the Township of Minden Hills, Sherry Shura and Denise Millet. By-law 17-104 To Authorize the Reeve and Clerk to execute License of Occupation Agreement between the Township of Minden Hills and Diane and Lawrence Agnelli. By-law 17-106 To Establish Due Dates for the Payment of Taxes for Properties in the Commercial, Industrial, and Multi-Residential Classes. By-law 17-108 To Authorize the Reeve and Clerk to execute an Agreement between the Township of Minden Hills and Park Canada for the Temporary Closure of Taylor Road. By-law 17-109 To Authorize the Reeve and Clerk to execute an Agreement between the Township of Minden Hills and Beam Construction for Bridge Rehabilitation. By-law 112 To Amend Policy #28 Procedures for Employee Performance Appraisals. By-law 113 To Amend Policy #17 Procurement. CARRIED
22. CONFIRMING BY-LAW
a) By-law 17-114 Confirming By-law.
Res. #17-536 Moved by: Councillor Sayne Seconded by: Deputy Reeve Murdoch Be it resolved that By-law 17-114 being a by-law to confirm the proceedings of Council held during its Regular Council Meeting on August 31, 2017 be received and read a first time, considered read a second and third time and finally passed with the Corporate Seal affixed. CARRIED
23. ADJOURNMENT
a) Adjournment of the August 31, 2017 Regular Council Meeting.
Res. #17-537 Moved by: Councillor Neville Seconded by: Councillor Sayne Be it resolved that the August 31, 2017 Regular Council Meeting is hereby adjourned at 3:54pm. CARRIED
______Brent Devolin, Reeve
______Dawn Newhook, Clerk
August 31, 2017 Council Minutes Page 17
Page 36 of 128
The Corporation of the Township Minden Hills Public Meeting
Meeting Minutes
Thursday, August 31, 2017 Minden Hills Council Chambers
Present: Reeve Brent Devolin Deputy Reeve Cheryl Murdoch Councillor Jeanne Anthon Councillor Ron Nesbitt Councillor Pam Sayne Councillor Lisa Schell Councillor Jean Neville
Staff: Clerk, Dawn Newhook Deputy Clerk, Vicki Bull Road Superintendent, Travis Wilson Environmental & Property Operations Manager, Ivan Ingram CBO/Building Inspector, Colin McKnight Director of Community Services, Mark Coleman Fire Chief, Doug Schell Planner, Ian Clendening
a) Proposed Zoning By-law Amendment Application PLZBA201747 – Coaster Trail
Reeve Devolin called the meeting to order at 9:02 a.m.
The Reeve advised this portion of the Public Meeting is held by Council under Section 34 of the Planning Act. The Reeve declared the Public Meeting open to consider a By-Law amendment to Rezone Part of Lot 11, Concession 11, in the Geographic Township of Anson.
Reeve Devolin asked the Planner to explain the proposed zoning amendments.
The Planner advised the proposed amendment is to change the zoning of Part of Lot 11, Concession 11, in the Geographic Township of Anson from the Shoreline Residential (SR) to the Open Space Exception Ten (OS-10) Zone. The purpose of the zoning by-law amendment is to apply site-specific zoning to vacant land on Coaster Trail which would allow for the property to be used for the purposes of a private boat launch.
Reeve Devolin asked if the applicant wished to make any comments. Mr. Gerry Meade, applicant of the property advised he was representing fourteen (14) people on Bob Lake due to the closing of the Bob Lake Boat Launch. Mr. Mead advised fifteen (15) people purchased the property for the installation of a boat ramp and mentioned the limited number of members is a result of an easement crossing private properties. The proposed lot is flat, suitable for a boat launch and advised the owners are applying to Ministry of Natural Resources for the proper permits.
Reeve Devolin asked if anyone wished to speak in opposition to the proposed By-Law and to identify themselves for the record.
Ms. Laura Evan, 1380 Bob Lake Road resides across from the subject property and has concerns with the number of people using the boat launch, renters utilizing the property in addition to property owners. Laura also expressed concern with the commercial use of the property and the removal of trees that are required to develop the boat launch, shallow water is fish habitat and is important to the area for fish breeding. Other concerns related to the August 31, 2017 Public Meeting Minutes Page 1
Page 37 of 128 narrow area, boat traffic coming in and out, area is already congested with local swimmers, canoes. The provisions for safety, access for OPP, adhere to all guidelines and included an environmental impact assessment attached to application. Laura advised the applicants have addressed some of the concerns.
Reeve Devolin asked if anyone wished to speak in favour of the proposed By-Law amendment and to identify themselves for the record.
Ms. Heather Gage, 1106 Shakespeare Drive, advised that fifteen (15) people using one launch is more desirable than fifteen (15) different boat launches, residents have been asked to solve their own problem, this is an attempt.
Reeve Devolin asked if the Planner received any written comments. The Planner advised three (3) comments were received that related to safety and traffic issues and advised a report will be coming back to council.
Reeve Devolin asked if Council had any questions. Councillor Sayne asked if Emergency Services would be able to access the proposed area. Councillor Anthon asked if there would be a permitted storage area. The applicant confirmed storage will not be allowed.
Reeve Devolin advised the Public Meeting process was complete and informed members of the Public that this matter will be referred to the by-law portion of the September 28, 2017 Council meeting and will be discussed and considered along with all written and verbal submissions.
Reeve Devolin declared the Public Meeting closed at 9:17 a.m.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
August 31, 2017 Public Meeting Minutes Page 2
Page 38 of 128
The Corporation of the Township Minden Hills Public Meeting
Meeting Minutes
Thursday, September 14, 2017 Minden Hills Council Chambers
Present: Deputy Reeve Cheryl Murdoch Councillor Jeanne Anthon Councillor Ron Nesbitt Councillor Pam Sayne Councillor Lisa Schell Councillor Jean Neville
Regrets: Reeve Brent Devolin (with notice)
Staff: Clerk, Dawn Newhook Deputy Clerk, Vicki Bull Road Superintendent, Travis Wilson Environmental & Property Operations Manager, Ivan Ingram Director of Community Services, Mark Coleman Planner, Ian Clendening
a) Proposed fee change will apply to “Schedule J” Community Services Advertising to establish new or revised fees and rates to proceed with developing an advertising program to be administered by the Community Services Department, replacing the Boardview Advertising Inc. Program.
Deputy Reeve Murdoch called the meeting to order at 9:03 a.m.
Deputy Reeve Murdoch advised that the purpose of the meeting was to receive public input regarding the proposed fee changes to “Schedule J” of the Fees and Charges By-law relating to the Community Services Advertising Program.
The Deputy Reeve asked the Director of Community Services to provide a brief review of the proposed fee changes.
The Director of Community Services advised that staff provided report 17-21 at the April Committee of the Whole meeting and informed Council the Boardview Advertising Program was to expire in May 2017. Council supported staff’s recommendation to develop and implement their own Advertising Program. The Director advised the proposed program is similar to the current program but modified to issue annual fees rather than monthly fees.
Deputy Reeve Murdoch declared the public meeting open for comments regarding the proposed fee changes to “Schedule J”, implementation of an Advertising Program to be administered by the Community Services Department.
Deputy Reeve Murdoch asked if anyone wished to make any comments to the proposed fees. No comments were received.
Deputy Reeve Murdoch asked if anyone wished to speak in opposition to the proposed fee changes. No comments were received.
September 14, 2017 Public Meeting Minutes Page 1
Page 39 of 128 Deputy Reeve Murdoch asked if anyone wished to speak in favour of the proposed fee changes and to identify themselves for the record. No comments were received.
Deputy Reeve Murdoch asked if Council had any questions. Councillor Anthon asked if the Community Services Department would be able to manage the proposed program with current staff. The Director advised the department is organized to handle the program already. The normal billing process will be used and the majority of applicants are local businesses and staff have their contacts on file.
The Deputy Reeve asked if anyone had any further questions or comments. No questions or comments were received.
Deputy Reeve Murdoch advised the Public Meeting process was complete and informed members of the Public that the proposed amendments to the Fees and Charges By-law, including the development of an Advertising Program, administered by the Community Services Department be referred to the September 28, 2017 Regular Council meeting.
Deputy Reeve Murdoch declared the Public Meeting closed at 9:07 a.m.
______Cheryl Murdoch, Deputy Reeve
______Victoria Bull, Deputy Clerk
September 14, 2017 Public Meeting Minutes Page 2
Page 40 of 128 Township of Minden Hills Accounts Payable Recap September 28, 2017
Accounts Payable Listing: Beginning Ending Cheque# Cheque# General Fund 9057 9126 $ 672,599.75 $ - Total General Fund $ 672,599.75
Total Cheques $ 672,599.75
General Fund - Chq Cancelled $ - $ - Total Cheques Cancelled $ -
Preauthorized Payment - Hydro Month: to August 31, 2017 $ 14,171.63 Preauthorized Payment - Telizon Month: to August 13, 2017 $ 8.87 Total Preauthorized Payments $ 14,180.50
Direct Deposit - Payroll PP # 19 $ 70,202.07 $ - Total Payroll $ 70,202.07
Grand Total $ 756,982.32
The Treasurer is authorized to pay the above noted accounts.
Clerk, Dawn Newhook Reeve, Brent Devolin
Page 41 of 128 ','13/2017 o rn.>?b% 7:J Muni Matters E-Newsletter Aug 2017 1 1? )-1% .
HALIBURTON, KAWARTHA, TocontactHKPR,calli-866-888-4577 :'.:?.=?':'...?,?. PINE RjDGE D?STRICT m '?o!? HE?AlTH UNIT o
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ClClll;Ul.ll'(:e l lal'QC ;', (0 ? iTlS > Mriiiici?ial A4atters > Muni Matters E-Newsletter Aug 2ol7
') Municipal Matters E-Newsletter - August 2017 esources & Forx'r'is Index
Welcome to the first edition of the Municipal Matters E-Newsletter. Fac} Sheets B.as?e4?o,n y.our feedback, the Hrac libuiton, Kawa?rtha, Piffie? Ridge District ,. & Fotms Health Unit is increasiiig its efforts to communicate with municipal ..40.:4 Links
leaders by providing regular E-Newsletters with links to your own School Heal(h Municipal Matters page on our website. Our goal is to build on our %H,IA Heal}Ii Cate F'rolessioiials successful partnerships with you in order to make continued progress on our mutual health and municipal priorities. Desiqnaked Oklicers The E-Newsletter and web content will feature the links between health Municipal Ma{{ei's and municipal decisions, success stories, and potential areas for future collaboration to benefit the health of your constituents. We will also provide practical information abo?it health unit programs, services and st;aff to support yo?i in making health a municipal matter. Click on the drop-down menus below to access articles in our August 201 7 E- newsletter edition. Please contact us through [email protected] with comments on our newsletter, suggestions for future topics, and any questions about our services or partneriiig with our staff.
Sincerely, Dr. Lynn Noseworthy, Medical Officer of Health HKPR District Health Unit
r2 ?u What Governs Us? Role of Board of Health
It's Easy to Connect with Us
X%7hy Public Health Matters in Municipal Policies
HEA.l-TH PROFhSSION-'ii-/STAFF LOGlThi CONNECT l]mYOua
HALIBURTON. KA%ARTH..'l, D 2012 Haliburton, Kawartha, Pine Ridge District Heal(h uni} PRIVACY STATEMENT PINE Rllx;E DISTRI(:T a HEALTH UNIT ,O
http ://www. h kpr.on .ca/Resou rces Forms/M u n ici pa IMatters/M un iMatters E N ewslette rAug20 1 7.aspx 1/1
Page 42 of 128 Vicki Bull
Subject: FW: "Municipal Matters? E-Newsletter
From: Elizabeth Dickson jmailto:[email protected]) Sent: Thursday, August 31, 2017 11:09 AM Subject: "Municipal Matters" E-Newsletter
Greetings,
This email is being sent on behalf of Dr. Lynn Noseworthy, Medical Officer of Health for the Haliburton, Kawartha, Pine Ridge District Health Unit (the "Health Unit).
In 2015 the Health Unit formed a Municipal Engagement Committee to develop and implement a strategy for engagement with municipal decision makers. Our objectives are to:
* Increase interdepartmental collaboration and coordination of municipal engagement; * Increase communication and collaboration between municipalities and the Health Unit; * Increase municipal awareness of the role of public health in achieving both health and municipal outcomes; * Increase awareness of municipal engagement activities amongst Health Unit staff and relevant community partners;
* Assess and monitor municipal strategic priorities relevant to health promotion; and * Evaluate the effectiveness of the municipal engagement strategy.
In order to increase and improve communication with our municipal partners, we will be publishing quarterly e- newsletters for councils and senior staff to provide updates on our work and demonstrate links to municipal initiatives. The first newsletter in the series can be accessed here.
We request that this newsletter be included as an information item on the public agenda for your next council meeting, and that this email be forwarded to municipal council and staff members. If you have suggestions to enhance our communication with municipal leaders, questions about our services or opportunities to partner with our staff, or require further information, please contact us through [email protected].
Thank you, and we look forvvard to continued partnership as we work to create healthy communities for all.
Sincerely,
Liz Dickson on behalf of Dr. Lynn Noseworthy
Elizabeth Dickson Executive Assistant Office of the Medical Officer of Health & Board of Health HKPR District Health Unit 200 Rose Glen Road Port Hope ON LIA 3V6 (p) 905-885-9100 ext. 1466
1
Page 43 of 128 eaumsgawcaezrwam ”“' 3”“ “lt§§fu;Jlrli"E‘t§£lE wardenmmDevon
Cliarlsey 705-286-1338 phone 705-286-4829 fax White,MEIP,RPP Directorof Planning [email protected] .n:a
September 14, 2017
Reeve and Council Township of Minden Hills 7 Milne Street Minden ON KOM 2K0
Re: Support for Funding Application County of Haliburton National Disaster Mitigation Program
The County of Haliburton will be submitting an application for funding and respectfully requests a resolution of support ?'om the Township of Minden Hills Reeve and Council.
The National Disaster Mitigation Program (NDMP) is a 5-year, $200 million federal program. This program is intended to reduce the impacts of natural disasters on Canadians through focused investments on signi?cant, recurring ?ood risk and costs; while advancing work to facilitate private residential insurance for overland ?ooding.
Deliverables for this project will include the creation of new ?oodplain mapping for the reservoir lakes and the connecting rivers that experience frequent ?ooding. LiDAR will be obtained for portions of both the Gull and Burnt River watersheds. Mapping and data will be made available to each municipality in the County of Haliburton. A submission for 2018 is being made with a total project cost of $358 580. If successful, Federal funding would be provided for a total of $179 290 and the County of Haliburton would be responsible for $179 290.
Yours truly,
Charlsey White, MCIP, RPP Director of Planning County of Haliburton
Page 44 of 128
Report to: Reeve and Members of Council
From: Ivan Ingram Environmental and Property Operations Manager
Date: September 28, 2017
Subject: Report #17-039 EPO Seagull Proposal
Purpose:
The purpose of this report is to provide Council with information and estimated costs associated with an action plan provided to Staff from Rentokil Steritech, to reduce the number of seagulls at the Scotchline Landfill and surrounding areas.
Background:
Subsequent to Staff reports and delegations to Council there are concerns regarding Seagulls at the Landfill Site which migrate to Mountain Lake and surrounding areas. The residents’ concerns relate to poor air quality at the Landfill Site, property damage and bacteria in Mountain Lake caused by Seagull droppings.
Staff approached Chris Brown from Rentokil Steritech, a company that has expertise in Seagull behavior and reduction plans.
The current scope of work recommended includes: Obtain a permit from Canada Wildlife Services- January 2018 Inspection for nests- April/May nest locations and number of eggs is documented Egg Oiling/Egg Nest Removal- April and May Scare Tactics- April to September Year-end report to Canada Wildlife Services
These services would be conducted within the Village of Minden, Scotchline Landfill Site, S.G. Nesbitt Memorial Community Centre and Mountain Lake. The Canada Wildlife Services will need to provide approval for any areas in between or any potential new areas the birds migrate to.
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Page 45 of 128
The proposed service frequency would be as follows; April- once per week (4 services) May- twice per week (8-9 services) June- twice per week (8-9 services) July- twice per week (8-9 services) Aug- once per week (4 services) Sept- once per week (4 services)
The following Staff reports are also attached for Council’s further consideration. Costs noted in these reports have not been updated and may be subject to change.
EPO - Report 15-033 - Seagull Solutions EPO - Report 16-025 - Seagull Solutions
Financial Implications:
The cost associated with this program is $24,000.00/year and has not been included in the 2017 budget. It is recommended that the program continue for a minimum of two years, totalling $48,000.00 for the two year period.
Under the requirements of the Township’s procurement policy the amount noted above would require a Request for Proposal (RFP) or Council’s approval of an emergency or single source procurement:
“Single Source” means there is more than one source in the open market but for reasons of function or service, one Vendor is recommended for consideration of the particular Commodity. This denotes a Purchase which is not Competitive.
Energy Impacts and Renewable Energy Readiness
There are no energy impacts associated with this report.
Recommendation:
That Council receives Report #17-039 EPO – Seagull Proposal, as information;
And further, that Council provides Staff with direction regarding Seagull mitigation.
Respectfully submitted,
Ivan Ingram Environmental and Property Operations Manager
Page 2
Page 46 of 128 Attachments:
EPO - Report 15-033 - Seagull Solutions EPO - Report 15-025 - Seagull Solutions Rentokil Steritech Correspondence
Page 3
Page 47 of 128
Report to: Reeve and Members of Council
From: Ivan Ingram Environmental and Property Operations Manager
Date: June 9, 2016
Subject: Report #16-025 EPO Seagull Solutions
Purpose:
The purpose of this report is to provide Council with information and possible alternate solutions to the seagull population on the southern end of Mountain Lake.
Background:
The Mountain Lake Property Owners Association expressed concerns regarding the seagulls at the Southern end of Mountain Lake and the Scotchline Landfill Site in the summer of 2015.
Seagulls are known to occupy areas such as landfills, lakeshores, docks, fairs, carnivals and virtually anywhere they can scavenge. The Ministry of Natural Resources advised that seagulls are migratory birds protected under Federal law.
Staff has been covering the landfill each day at the end of the shift since October of 2015. The birds are still gathering during the hours of operation to scavenge. The purpose of the cover material is to help mask the smell of the landfill, deter scavenging animals such as bears, vermin and seagulls and minimize the amount of debris being scattered by the wind.
Staff has researched methods used to deter seagulls which include Falcons, sound blasters, bird spiders, pike stands, elevated mesh blankets, coyote/owl decoys, bobble head cats and large red balloons are the most common uses. All of these methods are temporary with the seagulls eventually returning to the site.
There are several viable methods to deter seagulls which are set out in the summary below:
Page 1
Page 48 of 128
Summary of Viable Solutions Solution Details Cost HST Total Cost Pros & Cons Sound Blasting System The sound blasting system $ 889.80 $ 115.67 $ 1,005.47 Pro - Three cannons would be required for includes the cannon, the the area. The cannons can be programmed tripod, tripod extension and a to emit a blast every minute to one hour and push button activator. These the activator button allows for additional fees are in USD. blasts as required. This is a one time cost. Con - The cannons emit a 130 decibel blast, which might become a Health and Safety issue for the Landfill Attendants and the adjoining neighbours. The Noise By-law may require revisions, a review will be required to determine if this system will contravene this By-law. Ultra-sonic Sound Maker The ultra-sonic sound maker $ 1,249.95 $ 162.49 $ 1,412.44 Pro - The sound maker emits a harassment includes the sound maker, sounds to scare away birds. This is a one the solar panel, one sound time cost. There are chips that can be chip and speaker protector inserted to change the harassment sounds. mount. These fees are in The initial unit is a one time cost. Additional Sounds Chips $ 49.95 $ 6.49 $ 56.44 Con - The sound maker emits a 110 decibel these fees are in USD sound per one metre, which might become a Health and Safety issue for the Landfill Attendants and the adjoining neighbours. The Noise By-law may require revisions, a review will be required to determine if this system will contravene this By-law. Falconry A quote was requested from Pro - Falcons are a natural predator of Golden Creek Bird Farm. Seagulls. To be effective, Golden Creek The quote received includes Bird Farm, would require Falcons in Falcons, travel and attendance at the Landfill Site during accommodations. operating hours from April until October. Monthly cost $ 6,000.00 $ 780.00 $ 6,780.00 Con - This service requires an annual budgeted cost, subject to inflation. Estimated Yearly cost $ 42,000.00 $ 5,460.00 $ 47,460.00 Drones Drones range from $250.00 Pro - Drones are less expensive, can be to $20,000.00 plus the cost to used at any time and do not emit loud hire someone to operate noises. them. Estimated One Time Cost $ 250.00 $ 32.50 $ 282.50 Con - A qualified person would be required based on the lowest fee to operate the drone. This service would require an annual budgeted cost, subject to inflation. Estimated cost to hire an $ 12,996.00 operator for at minimum wage ($11.40) for 1140 hours from April to October.
Local Municipalities have been contacted regarding seagull issues; these do exist but at this time no action is being taken.
Financial Implications:
The cost of seagull repellants was not included in the 2016 Budget; extra cover and bulldozing costs were included. Approved expenditures would need to be financed from the Landfill Reserves, subject to a 2016 surplus.
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Page 49 of 128
Recommendation:
That Council receive Report #16-025 EPO – Seagull Solutions as information.
And further, that Council provides Staff with direction regarding the issue of seagulls at the Scotchline Landfill Site.
Respectfully submitted,
Ivan Ingram Environmental and Property Operations Manager
Page 3
Page 50 of 128
Report to: Reeve and Members of Council
From: Ivan Ingram Environmental and Property Operations Manager
Date: August 27, 2015
Subject: Report #15-033 EPO Seagull Solutions
Purpose:
The purpose of this report is to provide Council with information and possible solutions to the seagull population on the Southern end of Mountain Lake.
Background:
The Mountain Lake Property Owners Association has expressed concerns regarding the seagulls at the Southern end of Mountain Lake and the Scotchline Landfill Site.
Seagulls are known to occupy areas such as landfills, lakeshores, docks, fairs, carnivals and virtually anywhere they can scavenge. The Ministry of Natural Resources advised that Seagulls are migratory birds protected under Federal law.
In order to meet the Certificate of Approval for the Scotchline Landfill Site cover material is placed on the landfill every other day and more often if required. The purpose of the cover material is to help mask the smell of the Landfill, deter scavenging animals such as bears, vermin and Seagulls and minimize the amount of debris being scattered by the wind.
Staff has researched methods used to deter Seagulls which include Falcons, sound blasters, bird spiders, spike stands, elevated mesh blankets, coyote/owl decoys, bobble head cats and large red balloons are the most common uses.
Visual deterrents, such as the bird spiders, coyote/owl decoys, bobble head cats and large red balloons, are not a recommended solution for the Landfill but may provide an adequate solution for private properties. The costs for these items vary; for example the starting cost for a bird spider is $29.95, subject to HST.
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Page 51 of 128
There are several viable methods to deter Seagulls which are set out in the summary below: Summary of Viable Solutions Solution Details Cost HST Total Cost Pros & Cons Sound Blasting System The sound blasting system $ 889.80 $ 115.67 $ 1,005.47 Pro - Three cannons would includes the cannon, the be required for the area. tripod, tripod extension The cannons can be and a push button programmed to emit a blast activator. These fees are every minute to one hour and in USD. the activator button allows for additional blasts as required. This is a one time cost.
Con - The cannons emit a 130 decibel blast, which might become a Health and Safety issue for the Landfill Attendants and the adjoining neighbours. The Noise By-law may require revisions, a review will be required to determine if this system will contravene this By-law. Ultra-sonic Sound Maker The ultra-sonic sound $ 1,249.95 $ 162.49 $ 1,412.44 Pro - The sound maker emits maker includes the sound harassment sounds to scare maker, the solar panel, away birds. This is a one one sound chip and time cost. There are chips speaker protector mount. that can be inserted to These fees are in USD. change the harassment sounds. The initial unit is a one time cost. Additional Sound Chips $ 49.95 $ 6.49 $ 56.44 Con - The sound maker these fees are in USD emits a 110 decibel sound per one metre, which might become Health and Safety issue for the Landfill Attendants and the adjoining neighbours. The Noise By- law may require revisions, a review will be required to determine if the system will contravene the By-law.
Falconry A quote was requested Pro - Falcons are a natural from Hawkeye Bird and predator of Seagulls. To be Animal Control. The quote effective, Hawkeye Bird and received includes two Animal Control, would Falcons, travel and require two Falcons at the accommodations for two Landfill Site two times per days per week. week from mid-June until the end of September. 2 Day Cost $ 750.00 $97.50 $ 847.50 Con - This service requires an annual budgeted cost, subject to inflation. Estimated Yearly Cost $21,000.00 $2,730.00 $23,730.00
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Page 52 of 128
Local Municipalities have been contacted regarding Seagull issues; these do exist but at this time no action is being taken.
Financial Implications:
The cost of Seagull repellants was not included in the 2015 Budget. Approved expenditures would need to be financed from the Landfill Reserves, subject to a 2015 surplus.
Recommendation:
That Council receive Report #15-033 EPO – Seagull Solutions as information;
And further, that Council provides Staff with direction regarding the issue of Seagulls at the Scotchline Landfill Site.
Respectfully submitted,
Ivan Ingram Environmental and Property Operations Manager
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Page 53 of 128
Head Office 99 Locke St., Unit 1, Vaughn, ON L4K 0J2 Phone: 1-877-777-1432 Ivan Ingram Fax: 1-877-878-9223
Environmental & Property Operations Administrator www.rentokil-steritech.ca Township of Minden Hills Minden, ON K0M 2K0 [email protected]
August 30, 2017
Dear Mr. Ingram:
Thank you for allowing us the opportunity to submit this proposal.
For over eighty five years Rentokil has provided professional, dependable service in the specialized areas of Pest Management and Hygiene-Washroom Services to Government of Canada, Municipalities, business, ships, apartments, hospitals and homes, with dedication and pride.
We are committed to National coverage in all aspects of structural pest management, Structural and container fumigation, nuisance wildlife removal, bat & bird control services and customer training and education. Our pest management professionals reside in all major cities and most towns and our mobile service vehicles are equipped to service your facility and worksite on a consistent and reliable basis.
Rentokil is the largest commercial pest management services provider in the world. We are proud to be able to offer quality services across Canada and around the globe yet remain a local service oriented partner.
Please visit our website at www.rentokil-steritech.ca for a description of our complete services
We would be honoured to provide your Ringed Bill Gull Management Services
MEMBER CANADIAN PEST MANAGEMENT ASSOCIATION
Page 54 of 128
Inspection Results:
Initial meeting conducted with Ivan Ingram and Chris Brown to discuss the depth of the bird issues, previous control methods and scope of work. Site inspection conducted by Chris Brown.
Recommendations:
We have been in contact with Canada Wildlife services via Email. Items being discussed are as follows: How to document the Geographical Territory on the Permit. How CWS would like us to document and request permission to work at the properties of participating businesses. The restrictions that they may implement on us based on the primary locations that were illustrated within the Topographical Map we submitted. Any other items or concerns that we would need to be addressed
Current Scope of work:
1. Obtain Permit January…………. Rentokil- Steritech will assist you in obtaining your Permit from the Canadian Wild Life Services. We have an electronic copy of the permit and a terrific relationship with them, so it can be a fairly quick turn- around if they are not too busy.
2. Inspection for Nests April …….During the first two months of the program Rentokil-Steritech inspects all areas agreed upon under our Service Agreement for nesting sites. All nests are documented – where they are and how many eggs…..
Inspections will take place in the Town of Minden and will focus on the Participating Businesses Properties (CTC, etc)
3. Egg Oiling / Egg Nest Removal April / May…….All Eggs will be oiled and allowed to remain in the nest for 2 weeks. After this time, Rentokil-Steritech will remove all Nests and Eggs from the Site. Egg Oiling / Egg Nest Removal will take place in the Town of Minden and will focus on the Participating Businesses Properties (CTC, etc)
4. Scare Tactics April – Sept……….During the Spring and Summer months Rentokil-Steritech is at your site at least once per week (more when pressures are heavier) to apply as much pressure back on the Geese as they are putting on the property.
MEMBER CANADIAN PEST MANAGEMENT ASSOCIATION
Page 55 of 128 Services will be conducted within the Town of Minden, Landfill Site, Arena, Mountain Lake and if allowed by CWS – areas in between or potential new areas that the birds may start to take over.
Primary Scare Tactics – to include but not limited to; Bird of Prey, Pyrotech (we will consult with the local authorities to ensure a smooth service), Seagull Scare Ballons, Clackers, after a bit just the presence of our Wildlife Specialist will be a deterrent.
Rentokil-Steritech will also provide you with your end of year report that must be submitted to Canadian Wildlife Services in order to close out your permit for the year.
Service Frequency will be as follows; April – Once per week (4 Services) May – Twice per week (8-9 Services) June – Twice per week (8-9 Services) July – Twice per week (8-9 Services) Aug – Once per week (4 Services) Sept – Once per week (4 Services)
Additional Services can be provided at the regular service charge – some additional services will be included (up to 2 Bird of Prey and 3 Wildlife Specialist)
Cost: $ 24,000.00 / equally over 12 months = $2,000.00 / mo (starting Jan 2018) Or sooner, if you would like control methods to start in Sept to push the birds along on their migration.. billing would be Sept to Aug each year (we have some Municipalities do this to spilt it up for their budget)
In closing I hope this proposal meets with your approval. We at Rentokil Steritech sincerely wish to enter into business with you.
Thank you for your time and consideration.
Sincerely,
Chris Brown Account Executive Rentokil Steritech 416-318-1514 [email protected]
MEMBER CANADIAN PEST MANAGEMENT ASSOCIATION
Page 56 of 128
MEMO TO: Reeve and members of Council
FROM: Dawn Newhook, Clerk
DATE: September 28, 2017
RE: Report #17-018 Clerk RED Funding Agreement – Economic Development Strategic Plan.
Purpose:
The purpose of this report is to seek Council’s authorization for the execution of a Funding Agreement for the creation of an Economic Development Strategic Plan.
Background:
Council, at its March 30, 2017, Regular Council meeting passed Resolution #17-182 directing staff to submit an application to RED Program for 50% funding, in the amount of $20,000 (estimated $40,000 project) to obtain consulting services for the creation of an Economic Development Strategic Plan.
The Township received approval of the funding in the amount of 50% of a total eligible project cost up to the amount of $20,000. Attached is the Funding Agreement for the creation of an Economic Development Strategic Plan.
Financial Implications:
There are no financial implications associated with this report. The Township’s portion of the creation of the Plan have been included in the 2017 budget.
Any additional funds required for 2018 will be included in the 2018 budget deliberations.
Energy Impacts and Renewable Energy Readiness:
There is no energy impacts associated with this report.
Recommendation:
That Report # 17-018 Clerk RED Funding Agreement– Economic Development Strategic Plan be received as information;
Page 57 of 128 And further that Council adopt By-law 17-127 authorizing the Reeve and Clerk to execute an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs and the Corporation of the Township of Minden Hills for the creation of an Economic Development Strategic Plan.
Respectfully submitted:
Dawn Newhook Clerk
Attachments: Agreement By-law 17-127 (By-law Section of the Agenda)
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RURAL ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the "Province") - and - THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS (the "Recipient")
I. BACKGROUND The Recipient has applied to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) for funding under the Rural Economic Development (RED) program to assist the Recipient in carrying out the project. The Recipient intends to carry out the Project under the Program. The Province wishes to provide Funds to the Recipient for the Project.
II. CONSIDERATION In consideration of the mutual covenants and agreements contained in this agreement (the “Agreement”) and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Province and the Recipient (the “Parties”) agree as follows:
III. ENTIRE AGREEMENT
This Agreement, including: Schedule “A” – General Terms And Conditions, Schedule “B” – Operational Requirements And Additional Terms And Conditions, Schedule “C” – Project Description, Schedule “D” – Project Financial Information, Schedule “E” – Reporting, and any amending agreement entered into as provided below, constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersede all prior oral or written representations and agreements.
IV. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
V. AMENDING AGREEMENT
This Agreement may only be amended by a written agreement duly executed by the Parties.
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VI. ACKNOWLEDGEMENT
The Recipient: (a) acknowledges that it has read and understands the provisions contained in the entire Agreement; and (b) agrees to be bound by the terms and conditions in the entire Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs
Name: Randy Jackiw Date Title: Assistant Deputy Minister
I have the authority to bind the Crown pursuant to delegated authority.
THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS
Name: Brent Devolin Date: Title: Reeve
Name: Dawn Newhook Date: Title: Clerk
I/We have authority to bind the Recipient.
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SCHEDULE “A” GENERAL TERMS AND CONDITIONS
ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpreting the Agreement: (a) Words in the singular include the plural and vice versa; (b) Words in one gender include all genders; (c) The headings do not form part of this Agreement; they are for reference purposes only and will not affect the interpretation of the Agreement; (d) Any reference to dollars or currency will be in Canadian dollars and currency; (e) Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated; (f) Any reference to a statute is to that statute and to the regulations made pursuant to that statute as they may be amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of the Agreement provides otherwise; (g) All accounting terms will be interpreted in accordance with the Generally Accepted Accounting Principles and all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles; and (h) The words “include”, “includes” and “including” denote that the subsequent list is not exhaustive.
1.2 Definitions. In the Agreement, the following terms will have the following meaning: “Additional Terms And Conditions” means the terms and conditions referred to in section 8.1 of Schedule “A” of this Agreement and specified in section B.2 of Schedule “B” of this Agreement. “Arm’s Length” has the same meaning as set out in the Income Tax Act (Canada) as it read on the Effective Date of this Agreement, and as treated or defined under Generally Accepted Accounting Principles. “Auditor General” means the Auditor General of Ontario and/or the Auditor General of Canada, depending on the context. “BPSAA” means the Broader Public Sector Accountability Act, 2010. “Budget” means the budget attached as section D.3 of Schedule “D” of this Agreement.
“Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province is closed for business. “Claim Submission Deadline” means the date or dates set out under section D.4 of Schedule “D” of this Agreement. “Contract” means an agreement between the Recipient and a third-party whereby the third-party agrees to provide a good or service for the Project in return for financial consideration that may be claimed by the Recipient as an Eligible Cost.
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“Cost-Share Funding Percentage” means the percentage the Province will pay toward the Recipient’s Eligible Costs, as set out under section D.1.1 of Schedule “D” of this Agreement. “Incurred” in relation to costs, means a cost that a Recipient has become liable for, regardless whether actual payment has occurred (i.e., the Recipient has received the goods or services). “Effective Date” means the date on which this Agreement is effective, as set out under section B.1.1 of Schedule “B” of this Agreement. “Eligible Costs” means those costs set out under section D.6 of Schedule “D” of this Agreement. “Event of Default” has the meaning ascribed to it in section 14.1 of Schedule “A” of this Agreement. “Expiration Date” means the date on which this Agreement will expire, as set out under section B.1.2 of Schedule “B” of this Agreement, unless amended or terminated prior to this date in accordance with the terms and conditions of this Agreement. “FAA” means the Financial Administration Act. “Failure” means a failure to comply with any term, condition, obligation under any other agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of Her agencies. “FIPPA” means the Freedom of Information and Protection of Privacy Act. “Funding Year” means: (a) In the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31, the Expiration Date, or the termination of this Agreement, whichever comes first; and; (b) In the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31, the Expiration Date, or the termination of this Agreement, whichever comes first. “Funds” means the money the Province provides to the Recipient pursuant to this Agreement. “Guidelines” means any written documents setting out the criteria governing the operation of the Program. “Holdback” means the amount set out under section D.1.3 of Schedule “D” of this Agreement. “Indemnified Parties” means Her Majesty the Queen in Right of Ontario, Her Ministers, agents, appointees and employees. “Ineligible Costs” means those costs set out under section D.7 of Schedule “D” of this Agreement.
“Maximum Funds” means the maximum amount of Funds the Province will provide to the Recipient under this Agreement, as set out under section D.1.2 of Schedule “D” of this Agreement. “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act. “Notice” means any communication given or required to be given pursuant to this Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. “Party” means either the Province or the Recipient, unless the context implies otherwise. “Program” means the program created by the Province entitled Rural Economic Development Program under Order-in-Council 201/2011, as amended. “Project” means the undertaking described in Schedule “C” of this Agreement. “Project Approval Date” means the date set out in section B.1.3 of Schedule “B” of this Agreement.
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“Project Completion Date” means the date that the Recipient must complete its Project under this Agreement, as set out in section B.1.4 of Schedule “B” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996. “Reports” means the reports set out under Schedule “E” of this Agreement. “Requirements of Law” means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability legislative provisions, those broader public sector accountability legislative provisions are deemed to be a Requirement of Law. “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter.
1.3 Conflict. Subject to section 8.1 of Schedule “A” of this Agreement, in the event of a conflict between this Schedule “A” of the Agreement and any other Schedule of this Agreement, the terms and conditions set out under this Schedule “A” of the Agreement will prevail.
ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Recipient represents, warrants and covenants that: (a) It is, and will continue to be for the Term of this Agreement, an eligible applicant as described in the Guidelines with full power to fulfill its obligations under this Agreement; (b) It has, and will continue to have for the Term of this Agreement, the experience and expertise necessary to carry out the Project; (c) It has the financial resources necessary to carry out the Project and is not indebted to any person(s) to the extent that that indebtedness would undermine the Recipient’s ability to complete the Project by the Project Completion Date; (d) It is in compliance with all Requirements of Law and will remain in compliance with all Requirements of Law for the Term related to any aspect of the Project, the Funds or both for the term of this Agreement; and (e) Unless otherwise provided for in this Agreement, any information the Recipient provided to the Province in support of its request for Funds, including any information relating to any eligibility requirements, was true and complete at the time the Recipient provided it.
2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) The full power and authority to enter into this Agreement; and (b) Taken all necessary actions to authorize the execution of this Agreement.
2.3 Governance. The Recipient represents, warrants and covenants that it has, and will maintain, in writing, for the term of this Agreement: (a) A code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) Procedures to ensure the ongoing effective functioning of the Recipient; (c) Decision-making mechanisms for the Recipient;
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(d) Procedures to enable the Recipient to manage the Funds prudently and effectively; (e) Procedures to enable the Recipient to successfully complete the Project; (f) Procedures to enable the Recipient to, in a timely manner, identify risks to the completion of the Project and develop strategies to address those risks; (g) Procedures to enable the preparation and delivery of all Reports required under this Agreement; and (h) Procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement.
2.4 Supporting Documentation. Upon request, and within the time period indicated in the Notice, the Recipient will provide the Province with proof of the matters referred to in this Article 2 of Schedule “A” of this Agreement.
2.5 Additional Covenants. The Recipient undertakes to advise the Province within five (5) Business Days of: (a) Any changes that affect its representations, warranties and covenants under sections 2.1, 2.2 or 2.3 of Schedule “A” of this Agreement during the Term of the Agreement; and (b) Any actions, suits or other proceedings which could or would reasonably prevent the Recipient from complying with the terms and conditions of this Agreement.
ARTICLE 3 FUNDS AND CARRYING OUT THE PROJECT 3.1 Funds Provided. The Province will: (a) Provide Funds to the Recipient up to the Maximum Funds, based on the Cost-Share Funding Percentage, for the sole purpose of carrying out the Project; (b) Provide the Funds to the Recipient in accordance with section D.5 of Schedule “D” of this Agreement provided that the Recipient makes claims for payment of Funds in accordance with section D.5 of Schedule “D” of this Agreement; (c) Provide funding as long as the total combined amount of provincial and federal assistance for the Eligible Costs actually incurred and paid by the Recipient do not exceed ninety per cent (90%) of those costs; and (d) Deposit the Funds into an account designated by the Recipient, provided that account: (i) Resides at a Canadian financial institution, and (ii) Is in the name of the Recipient.
3.2 Limitation On Payment Of Funds. Despite section 3.1 of Schedule “A” of this Agreement: (a) The Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section 11.2 of Schedule “A” of this Agreement; (b) The Province is not obligated to provide any Funds until it is satisfied with the progress of the Project; (c) The Province may adjust the amount of Funds it provides to the Recipient without liability, penalty or costs in any Funding Year based upon the Province’s assessment of the information provided by the Recipient pursuant to Article 6 of Schedule “A” of this Agreement;
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(d) If, pursuant to the FAA, the Province does not receive the necessary appropriation from the Ontario Legislature for payment under this Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) Reduce the amount of Funds and, in consultation with the Recipient, change the Project without liability, penalty or costs; or (ii) Recover Funds already paid to the Recipient; or (iii) Terminate the Agreement pursuant to section 13.1 of Schedule “A” of this Agreement; (e) The Province shall impose a Holdback on any payment of Funds and will not be obligated to pay that Holdback to the Recipient until after the Province approves the Recipient’s Final Report pursuant to Article 6 of Schedule “A” of this Agreement; and (f) The Province is not obligated to pay interest on the Holdback as described in (e) or any other payments under this Agreement.
3.3 Use Of Funds And Project. The Recipient will: (a) Carry out the Project in accordance with the terms and conditions of this Agreement; (b) Complete the Project by the Project Completion Date; (c) Not use the Funds for Ineligible Costs; (d) Use the Funds only: (i) for Eligible Costs that are necessary for the purposes of carrying out the Project; and (ii) for those activities set out in section D.3.1 of Schedule “D” of this Agreement; and (e) Use the Funds only in accordance with the Budget.
3.4 Province’s Role Limited To Providing Funds. For greater clarity, the Province’s role under this Agreement is strictly limited to providing Funds to the Recipient for the purposes of the Project and the Province is not responsible for carrying out the Project. Without limiting the generality of the foregoing, the fact that the Province may conduct reviews and/or audits of the Project as provided for in this Agreement or issues directions, approves changes to the Project or imposes conditions upon an approval in accordance with the terms and conditions of this Agreement will not be construed by the Recipient as the Province having a management, decision-making or advisory role in relation to the Project. The Recipient further agrees that the Recipient will not seek to include the Province as a decision-maker, advisor or manager of the Project through recourse to a third party, court, tribunal or arbitrator.
3.5 No Changes. The Recipient will not make any changes to the Project, including to the Budget or timelines, without the prior written consent of the Province.
3.6 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. The Recipient will hold the Funds in trust for the Province until the Recipient needs the Funds for the Project.
3.7 Recipient Earning Interest. If the Recipient earns any interest on the Funds, the Province may: (a) Deduct an amount equal to the interest from any further installment of the Funds; or (b) Demand from the Recipient the repayment of an amount equal to the interest.
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3.8 No Provincial Payment Of Interest. The Province is not required to pay interest on any Funds under this Agreement. For greater clarity, this includes interest on any Funds that the Province has withheld paying to the Recipient.
3.9 Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it pursuant to this Agreement will not exceed the Maximum Funds.
3.10 Rebates, Credits And Refunds. The Recipient acknowledges and agrees that the amount of Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient, less any costs, including taxes, for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund.
3.11 Funding, Not Procurement. For greater clarity, the Recipient acknowledges and agrees that: (a) It is receiving funding from the Province for the Project and is not providing goods or services to the Province; and (b) The funding the Province is providing under this Agreement is funding for the purposes of the PSSDA.
ARTICLE 4 RECIPIENT'S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS
4.1 Acquisition. If the Recipient acquires goods or services or both with the Funds, it will: (a) Do so through a process that is transparent, fair and promotes the best value for the money expended and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient; and (b) Comply with any Requirements of Law that may be applicable to how the Recipient acquires any goods or services or both.
4.2 Contracts. The Recipient will ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Require that any parties to those Contracts comply with all Requirements of Law; and (e) Authorize the Province to perform audits of the parties to those Contracts in relation to the Project as the Province sees fit in connection with Article 6 of Schedule “A” of this Agreement.
4.3 Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount set out in section B.1.5 of Schedule “B” of this Agreement at the time of purchase within the date set out in section B.1.6 of Schedule “B” of this Agreement.
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ARTICLE 5 CONFLICT OF INTEREST 5.1 No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest.
5.2 Conflict Of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: (a) The Recipient; or (b) Any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project, the use of the Funds or both. 5.3 Disclosure To The Province: The Recipient will: (a) Disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and (b) Comply with any terms and conditions that the Province may impose as a result of the disclosure.
ARTICLE 6 REPORTING, ACCOUNTING AND REVIEW 6.1 Preparation And Submission. The Recipient will: (a) Submit to the Province at the address referred to in section B.1.7 of Schedule “B” of this Agreement all Reports in accordance with the timelines and content requirements set out in Schedule “E” of this Agreement, or in a form as specified by the Province from time to time; (b) Submit to the Province at the address provided in section B.1.7 of Schedule “B”, of this Agreement or in a manner specified by the Province, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) Ensure that all Reports are completed to the satisfaction of the Province; and (d) Ensure that all Reports are signed on behalf of the Recipient by an authorized signing officer and that the accompanying confirmation has been completed.
6.2 Records Maintenance. The Recipient will keep and maintain: (a) All financial records, including invoices, relating to the Funds or otherwise to the Project in a manner consistent with generally acceptable accounting principles; and (b) All non-financial documents and records relating to the Funds or otherwise to the Project.
6.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at their own expense, upon twenty-four (24) hours’ Notice to the Recipient during normal business hours, enter upon the Recipient’s premises to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) Inspect and copy the records and documents referred to in section 6.2 of Schedule “A” of this Agreement; (b) Remove any copies made pursuant to section 6.3(a) of Schedule “A” of this Agreement from the Recipient’s premises; and
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(c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project or both.
6.4 Disclosure. To assist in respect of the rights set out under section 6.3 of Schedule “A” of this Agreement, the Recipient will disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province and will do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be.
6.5 No Control Of Records. No provision of this Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records.
6.6 Auditor General. For greater certainty, the Province’s rights to audit under this Article 6 of the Agreement are in addition to any rights provided to the Auditor General.
ARTICLE 7 COMMUNICATIONS 7.1 Acknowledgement And Support. Unless otherwise directed by the Province, the Recipient will acknowledge the support of the Province in the form and manner set out under section B.1.8 of Schedule “B” of this Agreement.
7.2 Approvals Prior To Publication. The Recipient will submit all Project-related publications – whether written, oral or visual – to the Province for the approval of the Province prior to publication. The Recipient will indicate, in all of its Project-related publications – whether written, oral or visual – that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province.
7.3 Publication By The Province. The Recipient agrees that the Province may, in addition to any obligations the Province may have under FIPPA, publicly release information under this Agreement, including the Agreement itself, in hard copy or in electronic form, on the internet or otherwise. Without limiting the generality of the foregoing, the types of information the Province may publicize includes: (a) The Recipient’s name; (b) A description of the Recipient’s Project; (c) The amount of Funds the Recipient was approved to receive under this Agreement; and (d) The amount of Funds the Recipient actually received under this Agreement.
7.4 News Releases. The Recipient will ensure that all news releases related to the Project and created by the Recipient: (a) Are approved beforehand by the Province and (b) Include quotes from the Province, unless the Province declines to participate.
7.5 News Conferences. The Recipient will notify the Province in a timely manner of any planned news conferences organized by the Recipient to facilitate the attendance of the Province. The date for the news conference and other logistical considerations will be negotiated between the Province and the Recipient.
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ARTICLE 8 ADDITIONAL TERMS AND CONDITIONS 8.1 Additional Terms And Conditions. The Recipient will comply with any Additional Terms and Conditions set out under section B.2 of Schedule “B” of this Agreement. In the event of a conflict or inconsistency between any of the requirements of the Additional Terms and Conditions and any requirements of this Schedule “A” of the Agreement, the Additional Terms and Conditions will prevail.
ARTICLE 9 DISCLOSURE OF INFORMATION PROVIDED BY RECIPIENT 9.1 FIPPA. The Recipient acknowledges that the Province is bound by the FIPPA and undertakes to perform its obligations under this Agreement in a manner that ensures that the Province is not in breach of its obligations under FIPPA.
9.2 Disclosure Of Information. Any information provided to the Province in connection with the Project or otherwise in connection with this Agreement may be subject to disclosure in accordance with FIPPA and any other Requirements of Law.
ARTICLE 10 INDEMNITY 10.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all direct or indirect liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, unless solely caused by the gross negligence or wilful misconduct of the Province.
10.2 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement.
10.3 Province’s Election. The Province may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province under this Agreement, at law or in equity. Each Party participating in the defence will do so by actively participating with the other’s counsel.
10.4 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval of the Province. If the Recipient is requested by the Province to participate in or conduct the defence of any proceeding, the Province, as the case may be, will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations.
10.5 Recipient’s Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province, as the case may be, to the fullest extent possible in the proceedings and any related settlement negotiations.
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ARTICLE 11 INSURANCE 11.1 Recipient’s Insurance. The Recipient represents and warrants that it has, and will maintain for the Term of this Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than two million dollars ($2,000,000.00) per occurrence. The policy will include the following: (a) The Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Project or under this Agreement; (b) A cross-liability clause; (c) Contractual liability coverage; and (d) A thirty (30) day written notice of cancellation provision.
11.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as the Province may request within the time limit set out in that request, that confirms the insurance coverage as required under section 11.1 of Schedule “A” of this Agreement. Upon the request of the Province, the Recipient will make available to the Province a copy of each insurance policy.
11.3 Right Of “First Call” On Insurance Proceeds. The Recipient will provide the Indemnified Parties with a right of “first call” or priority over any other person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance policy required under section 11.1 of Schedule “A” of this Agreement to pay any suits, judgments, claims, demands, expenses, actions, causes of action and losses (including without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act and for any and all liability, damages to property and injury to persons (including death)) that may be brought against the Indemnified Parties as a result of this Agreement.
ARTICLE 12 TERMINATION ON NOTICE 12.1 Termination On Notice. The Province may terminate the Agreement at any time without liability, penalty or costs upon giving at least thirty (30) days’ Notice to the Recipient.
12.2 Consequences Of Termination On Notice By The Province. If the Province terminates this Agreement pursuant to section 12.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Direct that the Recipient does not incur any costs for the Project that are Eligible Costs under this Agreement without the Province’s prior written consent; (b) Cancel any further payments of the Funds; (c) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (d) Determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) Permit the Recipient to offset such costs against the amount owing pursuant to section 12.2(b) of Schedule “A” of this Agreement; and
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(ii) Subject to section 3.9 of Schedule “A” of this Agreement, provide Funds to the Recipient to cover such costs.
ARTICLE 13 TERMINATION WHERE NO APPROPRIATION
13.1 Termination Where No Appropriation. If, as provided for in sections 3.2(d) of Schedule “A” of this Agreement, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to this Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient.
13.2 Consequences Of Termination Where No Appropriation. If the Province terminates this Agreement pursuant to section 13.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further payments of the Funds; (b) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) Determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b) of Schedule “A” of this Agreement.
13.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section 13.2(c) of Schedule “A” of this Agreement exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient.
ARTICLE 14 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 14.1 Events Of Default. Each of the following events will constitute an Event of Default: (a) In the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (i) Carry out the Project; (ii) Use or spend the Funds; (iii) Provide, in accordance with section 6.1 of Schedule “A”, Reports or any such other reports as may have been requested pursuant to section 6.1(b) of Schedule “A”, under this Agreement; or (iv) The Recipient fails to follow any directions that the Province provides under this Agreement. (b) The Recipient’s operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the Program under which the Province provides the Funds; (c) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application or an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) The Recipient ceases to operate.
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14.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) Initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) Provide the Recipient with an opportunity to remedy the Event of Default; (c) Suspend the payment of Funds for such a period as the Province determines appropriate; (d) Reduce the amount of Funds by an amount the Province determines is appropriate, acting reasonably; (e) Cancel any further payments of the Funds; (f) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) Demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the terms and conditions of this Agreement; (h) Demand the repayment of an amount equal to any Funds the Province provided to the Recipient, even though the Project is partially completed; and (i) Terminate this Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient.
14.3 Opportunity To Remedy. If, in accordance with section 14.2(b) of Schedule “A” of this Agreement, the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) The particulars of the Event of Default; and (b) The Notice Period.
14.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b) of Schedule “A” of this Agreement, and; (a) The Recipient does not remedy the Event of Default within the Notice Period; (b) It becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) The Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province; the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule “A” of this Agreement.
14.5 When Termination Effective. Termination under this Article 14 of Schedule “A” of this Agreement will take effect as set out in the Notice.
ARTICLE 15 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds At The End Of A Funding Year. Without limiting any rights of the Province under Article 14 of Schedule “A” of this Agreement, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) Demand the return of the unspent Funds; and (b) Adjust the amount of any further payments of Funds accordingly.
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ARTICLE 16 FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control.
ARTICLE 17 REPAYMENT 17.1 Repayment Of Overpayment. If at any time during the Term of this Agreement the Province provides Funds in excess of the amount to which the Recipient is eligible to receive under this Agreement, the Province may: (a) Deduct an amount equal to the excess Funds from any further payments of the Funds; or (b) Demand that the Recipient pay an amount equal to the excess Funds to the Province.
17.2 Debt Due. If, pursuant to this Agreement: (a) The Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) The Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. For greater clarity, in the event that the Recipient makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a creditor makes an application for an order adjudging the Recipient bankrupt or applies for the appointment of a receiver, this section 17.2 of Schedule “A” of this Agreement will not affect any Funds that the Recipient is holding in trust for the Province under section 3.6 of Schedule “A” of this Agreement.
17.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable.
17.4 Payment Of Money To Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address referred to in section 18.1 of Schedule “A” of this Agreement.
17.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient fails to repay any amount owing under this Agreement, Her Majesty the Queen in Right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in Right of Ontario.
17.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy.
ARTICLE 18 NOTICE 18.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email, postage-paid mail, personal delivery or fax and will be addressed to the Province and the Recipient respectively as set out in section B.1.9 of Schedule “B” of this Agreement or as either Party later designates to the other by Notice.
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18.2 Notice Given. Notice will be deemed to have been given: (a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or (b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is delivered.
18.3 Postal Disruption. Despite section 18.2(a) of Schedule “A” of this Agreement, in the event of a postal disruption, (a) Notice by postage-prepaid mail will not be deemed to be received; and (b) The Party giving Notice will provide Notice by email, personal delivery or fax.
ARTICLE 19 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT 19.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent will not be considered valid unless that consent is in writing and the person providing that consent indicates in the consent that that person has the specific authority to provide that consent. The Province may also impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions.
ARTICLE 20 SEVERABILITY OF PROVISIONS 20.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any invalid or unenforceable provision will be deemed to be severed.
ARTICLE 21 WAIVER 21.1 Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 18 of Schedule “A” of this Agreement. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. For greater clarity, where the Province chooses to waive a term or condition of this Agreement, such waiver will only be binding if provided by a person who indicates in writing that he or she has the specific authority to provide such a waiver.
ARTICLE 22 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint venturer, partner or employee of the Province and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship.
ARTICLE 23 ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under this Agreement.
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23.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors and permitted assigns.
ARTICLE 24 GOVERNING LAW 24.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings.
ARTICLE 25 FURTHER ASSURANCES 25.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of this Agreement to their full extent.
ARTICLE 26 JOINT AND SEVERAL LIABILITY 26.1 Joint And Several Liability. Where the Recipient comprises more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under this Agreement.
ARTICLE 27 RIGHTS AND REMEDIES CUMULATIVE 27.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this Agreement are cumulative and are in addition to, and not in substitution of, any of its rights and remedies provided by law or in equity.
ARTICLE 28 ACKNOWLEDGMENT OF OTHER LEGISLATION AND DIRECTIVES 28.1 Recipient Acknowledges. The Recipient acknowledges that: (a) By receiving Funds it may become subject to legislation applicable to organizations that received funding from the Government of Ontario, including the BPSAA, the PSSDA and the Auditor General Act; (b) Her Majesty the Queen in Right of Ontario has issued expenses, perquisites and procurement directives and guidelines pursuant to the BPSAA; and (c) It will comply with any such legislation, including directives issued thereunder, to the extent applicable.
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ARTICLE 29 JOINT AUTHORSHIP 29.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator.
ARTICLE 30 FAILURE TO COMPLY WITH OTHER AGREEMENT 30.1 Other Agreements. If the Recipient: (a) Has committed a Failure; (b) Has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) Such Failure is continuing, the Province may suspend the payment of Funds under this Agreement without liability, penalty or costs for such period as the Province determines appropriate.
ARTICLE 31 SURVIVAL 31.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement will so survive for a period of seven (7) years from the date of expiry or termination. Without limiting the generality of the foregoing, the following Articles and sections, and all applicable cross-referenced sections and schedules will continue in full force and effect for a period of seven (7) years from the date of expiry or termination: Articles 1 and any other applicable definitions, 9, 10, 17, 18, 20, 21, 24, 25, 27 and 29 as well as sections 3.2(d), 3.2(e), 3.4, 3.9, 3.10, 3.11, 6.1 (to the extent that the Recipient has not provided the Reports to the satisfaction of the Province), 6.2, 6.3, 6.4, 6.5, 6.6, 12.2, 13.2, 14.1, 14.2, 14.4 of Schedule “A” of this Agreement and any cross-referenced Schedules therein as well as any other provision in this Agreement that specifically sets out it will survive the expiration or early termination of this Agreement. Despite the above, section 4.3 of Schedule “A” shall survive for a period of two (2) years from the date of expiry or termination of this Agreement.
ARTICLE 32 BPSAA 32.1 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA will prevail.
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SCHEDULE “B” OPERATIONAL REQUIREMENTS AND ADDITIONAL TERMS AND CONDITIONS
B.1 OPERATIONAL REQUIREMENTS B.1.1 Effective Date. The Effective Date of this Agreement is: July 24, 2017 B.1.2 Expiration Date. The Expiration Date of this Agreement is: December 31, 2019 B.1.3 Project Approval Date. The Project Approval Date is the same as the Effective Date. B.1.4 Project Completion Date. The Project Completion Date is: December 31, 2018 B.1.5 Disposal Of Assets. The amount for the purposes of section 4.3 of Schedule “A” of this Agreement is fifty thousand dollars ($50,000.00) unless Ontario’s contribution is less than twenty five thousand dollars ($25,000.00) in which case section 4.3 of Schedule “A” of this Agreement does not apply. B.1.6 Asset Retention Time Period. For the purposes of section 4.3 of Schedule “A” of this Agreement the Recipient will retain the asset(s) for two (2) years from the date that the Project is completed. B.1.7 Submission Of Publications For Approval And Reports. All Reports and Project-related publications under this Agreement will be submitted to: Name: Ontario Ministry of Agriculture, Food and Rural Affairs Address: Rural Programs Branch 4th Floor NW, 1 Stone Road West Guelph, Ontario N1G 4Y2 Attention: Jennifer Dale, Program Coordinator Fax: 519-826-3398 Email: [email protected]
or any other person identified by the Province in writing.
B.1.8 Recognition Of Provincial Support: The Recipient will acknowledge the Province’s support for the Project in the following manner: The Recipient will include on all Project-related publications – whether written, oral or visual – graphic identifiers of the Program or a tag line that is acceptable to the Province. All Project- related publications, including the manner in which Program support is recognized on such publications, are subject to approval by the Province under section 7.2 of Schedule “A” of this Agreement. B.1.9 Providing Notice. All Notices under this Agreement will be provided to:
The Province: The Recipient: Name: Ontario Ministry of Agriculture, The Corporation of the Township of Minden Hills Food and Rural Affairs Address: 4th Floor NW, 1 Stone Road West 7 Milne Street, PO Box 359 Guelph, Ontario N1G 4Y2 Minden, Ontario K0M 2K0 Attention: Brent Kennedy, Director Dawn Newhook, Clerk Email: [email protected] [email protected]
or any other person identified by the Parties in writing through a Notice.
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B.2 ADDITIONAL TERMS AND CONDITIONS B.2.1 Notice Of Recipient’s Insolvency. The Recipient will: (a) Provide the Province with Notice at least five (5) Business Days prior to making an assignment, proposal, compromise or arrangement for the benefit of its creditors and will not incur any additional costs for the Project under this Agreement without the Province’s prior written consent from the date the Notice is sent to the Province; and (b) Provide the Province with Notice within five (5) Business Days of a creditor providing the Recipient with a notice of an intent to enforce security or applying for an order adjudging the Recipient bankrupt or the appointment of a receiver, and will not incur any additional costs under this Agreement without the prior approval of the Province from the date that the Recipient received notice of the creditor’s action.
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SCHEDULE “C” PROJECT DESCRIPTION C.1 PROJECT NAME Consulting Services for the Development of an Economic Development Strategic Plan C.2 PROJECT OBJECTIVE Township of Minden Hills will receive up to $20,000.00 to prepare an Economic Development Strategic Plan.
C.3 ACTIVITIES The Recipient will 1. Develop an Economic Development Strategic Plan.
All activities identified above will be completed by the Project Completion Date identified under section B.1.4 of Schedule “B” of this Agreement.
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SCHEDULE "D" PROJECT FINANCIAL INFORMATION
D.1 FUNDING INFORMATION D.1.1 Cost-Share Funding Percentage. The Cost-Share Funding Percentage is fifty per cent (50.00%) of incurred paid Eligible Costs up to the Maximum Funds. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project’s Total Eligible Costs. D.1.2 "Maximum Funds". The Maximum Funds the Recipient is eligible to receive from the Province under this Agreement is $20,000.00 D.1.3 Holdback. The Holdback will be up to ten per cent (10%) of Maximum Funds from the final payment of Funds made under this Agreement. D.2 INCURRING ELIGIBLE COSTS D.2.1 Incurring Eligible Costs. The Recipient will incur Eligible Costs in accordance with the following chart and no later than by the Project Completion Date.
TOTAL ELIGIBLE COSTS TO BE INCURRED BY QUARTER WITHIN FUNDING YEAR QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 FUNDING YEAR TOTAL (APR. – JUN.) (JUL. – SEP.) (OCT. – DEC.) (JAN. – MAR.) 2017-18 $0.00 $0.00 $2,000.00 $16,000.00 $18,000.00 2018-19 $12,500.00 $9,500.00 $0.00 $0.00 $22,000.00 TOTAL ELIGIBLE COSTS UP TO $40,000.00 D.3 BUDGET D.3.1 The Budget. The Budget for the Project is set out in the following chart:
# ELIGIBLE COST ITEM
1. Consulting services TOTAL ELIGIBLE COSTS UP TO $40,000.00
D.3.2 Project Financing For Eligible Costs. The Financing for the Project is set out in the following chart:
PROJECT FINANCING $ AMOUNT The Corporation of the Township of Minden Hills $20,000.00 RED Funding $20,000.00 TOTAL ELIGIBLE COSTS $40,000.00 D.4 CLAIM SUBMISSION DEADLINES D.4.1 Claim Submission Deadlines. The Recipient will submit claims to the Province in accordance with whatever is the shorter time period: (a) Claims or reports as set out in E.1 will be submitted after the end of each fiscal quarter according to the following schedule: (i) Q1 (April 1 to June 30) - by August 31;
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(ii) Q2 (July 1 to September 30) - by November 30; (iii) Q3 (October 1 to December 31) - by February 28; or (iv) Q4 (January 1 to March 31) - by May 31. (b) The Final Claim will be submitted within three (3) months after the Project Completion Date as specified in Schedule “B” (B.1.4). Despite the foregoing, the Province is not required to accept or pay on any claims that have been submitted after the Recipient has submitted their Final Report and the Project has been closed. Only Eligible Costs that are incurred and paid will be reimbursed at the percent cost- share as per section D.1.1 of Schedule “D” of this Agreement. D.5 PAYMENT OF FUNDS D.5.1 Payment Of Funds. Subject to the terms and conditions of this Agreement, the Recipient will incur Eligible Costs in accordance with the following chart (Column B) and the Province will pay Funds to the Recipient in accordance with the following chart (Column C):
ELIGIBLE COSTS BY MAXIMUM FUNDS BY FUNDING YEAR (A) FUNDING YEAR (B) FUNDING YEAR (C) 2017-18 $18,000.00 $9,000.00 2018-19 $22,000.00 $11,000.00 TOTAL $40,000.00 $20,000.00
D.6 ELIGIBLE COSTS D.6.1 Eligible Costs. Eligible Costs are those costs that are, in the Province’s sole and absolute discretion, necessary for the successful completion of the Project, properly and reasonably incurred, paid or reimbursed by the Recipient; and consistent with an Eligible Cost category as set out below in this section D.6.1 of Schedule “D” of the Agreement.
For greater clarity, Eligible Costs are those that are set out immediately below in this Section D.6.1 of Schedule “D” of this Agreement where those costs have been incurred and paid by the Recipient.
Eligible costs must be incurred by the Recipient on or after the Effective Date set out in section B.1.1 of Schedule “B” and by the Project Completion Date set out in section B.1.4 of Schedule “B”, which is identified in this Agreement.
Recipients must follow a process that is transparent and fair, that promotes the best value for the money expended and is at competitive prices that are no greater than the fair market value when purchasing goods or services, including consultants and contractors, for the Project. All businesses from which goods or services are purchased must be at arm's length to the Recipient in order for the costs to be considered eligible.
Eligible costs include:
(a) Project management, including: (i) Consultant's fees; (ii) Project-related professional fees (e.g., legal, architectural and accounting fees) ; and (iii) Project evaluation. (b) Minor capital, including: (i) Subcontractor's fees;
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(ii) Equipment (e.g., plumbing, electrical) and structural modifications to accommodate the installation of equipment within an existing building; and (iii) Renovations and retrofits to existing structures (e.g., materials or supplies and labour to renovate an existing space). (c) Training; (d) Marketing or promotion-related costs; (e) Travel costs in Canada and the continental United States associated with a specific public- facing event or series of events, public-facing hospitality costs directly related to the project, subject to provincial directives (including but not limited to the current Ontario Public Sector Travel, Meal and Hospitality Expenses Directive); (f) Studies;
(g) Administrative costs directly related to project implementation (e.g., third-party expenses for printing or other administration); and (h) Wages for new hires to work 100 per cent on project-related activities. Other costs that are, in the Province’s sole and absolute discretion, direct, incremental and necessary for the successful completion of the Project, provided those costs have been approved by the Province in writing prior to being incurred.
D.7 INELIGIBLE COSTS D.7.1 Ineligible Costs. The following costs are Ineligible Costs and therefore ineligible for funding under this Agreement. Those costs include, but are not limited to: (a) Costs incurred prior to the Project Approval Date or after the Project Completion Date; (b) Any cost not specifically required for the execution of a project; (c) Normal operating costs associated with carrying out a business such as salaries and benefits for non-contract staff (i.e., full-time and part-time staff), office space, equipment and machinery, utilities, phone, materials, labour, board, committee and annual meetings; (d) Deposits (prepayments), on their own, are not eligible for reimbursement as they are not an expense in the recipient’s financial records as the goods/services have yet to be fully received; (e) Direct wage subsidies for existing staff or any other staff who are not 100 per cent dedicated to the activities required to complete the project; (f) Costs to maintain compliance with current Requirements of Law that pertain to the current operations of the recipient; (g) Any travel, meal or hospitality costs beyond those provided for in the current Ontario Public Sector Travel, Meal and Hospitality Expenses Directive; (h) Any in-kind contribution, which are those goods and services that are contributed to a project by the Recipient, Co-recipient(s) or other sources that would otherwise have to be purchased or contracted in order to complete the Project; (i) Financing charges, loan interest payments, bank fees and charges, as well as debt restructuring or fundraising; (j) Major capital costs, including: (i) New construction of buildings, structures (moveable and non-moveable) and other major infrastructure; (ii) Additions to buildings, teardowns or rebuilds; (iii) Purchase or lease of land, buildings and facilities;
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(iv) Power lines, plumbing, telecommunications/broadband lines or equipment, water lines outside of the building; and (v) Community aesthetics and functionality (e.g., streetscaping, green space development, murals, street lights, paved surfaces, tree islands). (k) Costs of vehicles; (l) Taxes including Harmonized Sales Tax (HST); (m) Any refund or rebate received, or which the Recipient is eligible to receive; (n) Costs incurred in preparing an application; (o) Cost of alcohol, international travel (outside of Canada and the continental United States), per diems, gifts or incentives; (p) Costs of permits and approvals; (q) Costs of academic research; (r) Costs related to activities that directly influence or lobby any level of government; (s) Sponsorship of conferences and events; and (t) Honorariums, membership costs. D.8 TRAVEL AND MEAL COSTS If travel or meal costs are not necessary to complete the Project, any costs related to travel or meals will not be reimbursed by the Province. D.8.1 Transportation. Local public transportation including hotel/airport shuttles should be used wherever possible. When road transportation is the most practical, economical way to travel the order of preference is rental vehicle then personal vehicle. D.8.2 Rental Vehicles. Compact model or its equivalent is required. Exceptions to this are guided by the principle that the vehicle is the most economical and practical size, taking into account the business purpose, number of occupants and safety (including weather) considerations. Luxury and sports vehicles are prohibited. Gasoline charges are an eligible expense. D.8.3 Personal Vehicle. If using a personal vehicle, daily logs must be kept to track the business use, with distances calculated in kilometers. The current rates for travelling (per kilometer) in a personal vehicle, based on kilometers accumulated from April 1 of each Funding Year, are as follows: (a) From 0 – 4,000 km; $0.40 in Southern Ontario and $0.41 in Northern Ontario; (b) From 4,001 – 10,700 km; $0.35 in Southern Ontario and $0.36 in Northern Ontario; (c) From 10,701 – 24,000 km; $0.29 in Southern Ontario and $0.30 in Northern Ontario; (d) More than 24,000 km; $0.24 in Southern Ontario and $0.25 in Northern Ontario; and (e) Necessary expenditures for parking, tolls for bridges, ferries and highways are eligible. If 200 km or more will be driven a day, use of a rental vehicle is required. D.8.4 Air and Rail Travel. Air and rail travel is permitted if it is the most practical and economical way to travel. Economy (coach) class is the standard option for ticket purchase. Business class is only appropriate on a train in limited circumstances such as: (a) The need to work with a team; (b) Choosing a travel time that allows you to reduce other expenditures or accommodation; (c) Accommodation requirements; and (d) Health and safety requirements. The standard for international air travel is economy class. The lowest available airfares appropriate to particular itineraries are required to be sought and bookings are required to be made as far in advance as possible.
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D.8.5 Taxis. Taxis may be justified in cases where: (a) Group travel by cab is more economical than the total cost of individuals travelling separately by public transit or shuttle; or (b) Taking a cab allows you to meet an unusually tight schedule for meetings. D.8.6 Accommodations. Reimbursement can be made for single accommodation in a standard room. Private stays with friends or family are acceptable, and a cash payment or gift may be provided to the friends or family. (a) A maximum of $30 per night is allowed for accommodation including any meals with friends or family, in lieu of commercial accommodation. The $30 value may be given in the form of a small gift (which must be accompanied by a receipt) or by cash or cheque. D.8.7 Travel-Related Tips/Gratuities. Examples of reasonable amounts include: (a) 10% - 15% on a restaurant meal; (b) 10% on a taxi fare; (c) $2 - $5 for housekeeping for up to two nights in a hotel, up to $10 for a longer stay; and (d) $2 - $5 per bag for a porter. D.8.8 Telecommunication While Travelling. Audio or video conferencing should be considered as an alternative to travel. Whenever possible, the least expensive means of communications should be used while travelling, such as calling card. D.8.9 Meals While Travelling. Alcohol cannot be claimed and will not be reimbursed as part of a travel or meal expense. Taxes and gratuities are included in the meal rates. Reimbursement is for restaurant/prepared food only.
Meal Rates in Canada: Meals Maximum Amount Breakfast $10.00 Lunch $12.50 Dinner $22.50 Meal Rates in U.S. (in Canadian dollars): Meals Maximum Amount Breakfast $17.00 Lunch $17.25 Dinner $45.55
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SCHEDULE “E” REPORTING
E.1 Reporting Requirements. The following Reports will be provided in full in the corresponding format provided hereafter and with such content as is satisfactory to the Province:
Name of Report Due Date 1. Progress Report and Claim Statement Both the Progress Report and Claim Statement together (Schedules “E.2” and “E.3” of this Agreement) as set out in D.4.1(a) will be submitted at a minimum of once every quarter for each Funding Year. A Progress Report and Claim Statement must be submitted even during periods where the amount claimed is zero, unless the Recipient has submitted the Final Report. 2. Final Claim The final claim (Schedule “E.3” of this Agreement) is to be completed and submitted to the Province within three (3) months of the Project Completion Date (Schedule B.1.4 of this Agreement). 3. Final Report The Final Report (Schedule “E.4” of this Agreement) is to be completed and submitted to the Province on or before: April 30, 2019 4. Other Reports As directed by the Province. Any other Report regarding the Project that the Province requests.
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SCHEDULE “E.2” PROGRESS REPORT
File No.: RED4-08117 Project Title: Consulting Services for the Development of an Economic Development Strategic Plan Progress Report and Claim Statement are to be completed and submitted to the Province at a minimum of once every quarter for each Funding Year for the Term of the Agreement unless a Final Report has been submitted. Please contact your Project Analyst should you have any questions filling in this report. Please describe the project activities that have been completed or are in progress for this reporting period. Description of Activities Approved Amount Activity Status Issues to Date and Actual Percentage Eligible Costs Claimed to (On, Ahead, or Actions Taken to Expected of Activity per Activity Date per Behind Schedule) Resolve Issues Completion Complete Activity Date
For each RED outcome that you indicated on your Results to Date application that would occur as a direct result of this project, please enter your results to date.
Number and description of economic development barriers addressed
Increased ability to undertake evidence-based planning to identify priorities and measure economic performance (Planning projects only)
Number and description of collaborations established
Increased economic competitiveness and diversity (e.g., attraction, retention and expansion of businesses)
Innovative communities
Expansion of markets
Number of jobs created /retained
Attraction, development or retention of a highly skilled workforce
Support for provincial government priorities
I understand that this information will, subject to the terms and conditions of the agreement, be relied upon by the Government of Ontario to issue funds. Name of Authorized Official (Print): Signature: Date:
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SCHEDULE “E.4” FINAL REPORT
File No.: RED4-08117 Project Title: Consulting Services for the Development of an Economic Development Strategic Plan Project Completion Date: 31-Dec-18 Date of Final Report: 30-Apr-19 Project Recipient: The Corporation of the Township of Minden Hills
Final Report is to be completed and submitted to the Province on or before the ‘Final Report Due’ identified under section E.1 of Schedule “E” of this Agreement. Please contact your Project Analyst should you have any questions completing this report.
Section 1 Project Details Is the following description of your Project as completed accurate? Township of Minden Hills will receive up to $20,000.00 to prepare an Economic Development Strategic Plan. Yes No Project Variances (if applicable) In reading the description and project completion date above, has your Project experienced any variances either in project scope or schedule? Please identify any other information with respect to the Project that may have changed or may have been altered. Ensure that you provide a rationale for any variances from the project description noted above.
Section 2 Outcomes Economic Barriers Describe how the Project removed barriers to community economic development. Description of Barriers:
For each RED outcome that you indicated on your application that would occur as a direct result of this Project, please enter a brief description. Please give quantitative and qualitative statistics where applicable.
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1. Increased ability to undertake evidence-based planning to identify priorities and measure economic performance (Planning projects only)
• Describe how the Project led to evidence-based economic development policy, programs or strategies. What was the outcome for the region or sector?
2. Collaboration for economic growth
• Describe how Recipient(s) worked with communities, organizations or others to make this project successful and support economic growth. How many collaborations were established? Number of Collaborations: Description of Collaborations:
3. Increased economic competitiveness and diversity (e.g., attraction, retention and expansion of businesses)
• Describe how the Project increased economic competitiveness and diversity.
4. Innovative communities
• Describe how the Project led to more innovative communities. Innovation is defined as the application of new ideas, leading-edge process, services or methods of delivery to solve problems, address challenges and take advantage of new opportunities.
5. Expansion of markets
• Describe how the Project assisted with the expansion of existing markets or access to new markets.
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6. Creation and/or retention of jobs
• Indicate the number of total jobs that were created and/or retained in rural Ontario as a result of the Project. Temporary Part-time (e.g., seasonal, (e.g., approximately 20 Full-time construction) hours/week) Jobs Created Jobs Retained
7. Attraction, development or retention of a highly skilled workforce
• Describe how the Project contributed to the attraction, retention or development (e.g., training) of a highly skilled and knowledgeable local workforce.
8. Support for provincial government priorities
• Describe which provincial priorities the Project supported, and how.
Section 3 Financial Information
Approved Total Eligible Costs $40,000.00
Budgeted Item Actual Costs Variance Budget Costs $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ GROSS ELIGIBLE COST $ $ $ Less HST (if included in the above numbers) $ $ $ TOTAL NET ELIGIBLE COSTS* $ $ $ * Total Net Eligible Cost should match the approved amount noted above.
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Section 4 Other Benefits/Information
Please provide any other information which demonstrates the success of the Project and its impact on other stakeholders, rural communities and the Province of Ontario.
Section 5 Service Experience Based on your project experience with OMAFRA, please indicate with an "X" in the appropriate box for your response. 1. Please indicate the extent to which you Neither Strongly Strongly agree or disagree with the following Agree Agree nor Disagree Agree Disagree statements. Disagree Once my project was approved, I received all the information needed to proceed to the next step of the project. The claim forms were easy to understand and complete. I was able to reach appropriate ministry staff without difficulty. Ministry staff were knowledgeable. I received consistent advice from ministry staff. Ministry staff were courteous.
2. Overall, how satisfied were you with the Neither Very Strongly amount of time it took to get the service Satisfied Satisfied nor Dissatisfied Satisfied Dissatisfied that you required? Dissatisfied
3. Overall, how satisfied were you with the Neither Very Strongly service you received while implementing Satisfied Satisfied nor Dissatisfied Satisfied Dissatisfied your project? Dissatisfied
4. To what extent did the availability of To a Great this funding assistance influence your Somewhat Very Little Not at all Extent decision to undertake this project?
5. Overall, did you find working in the Did Not Use Very Easy Somewhat Not Easy portal fairly easy to understand? the Portal
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Section 6 Confidentiality, Certification and Signature Confidentiality
Information submitted in this report to the Province of Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked "CONFIDENTIAL" by the Recipient(s). Inquiries about confidentiality should be directed to OMAFRA’s Rural Programs Branch.
Certification
1. The Project as described in the Agreement has been completed; 2. The Recipient is in compliance with all of the terms and conditions of the Agreement for the Project; and 3. There have been no overpayments by OMAFRA or any other organization or government.
The undersigned warrants that these statements are true.
Name of Authorized Official (Print): Signature: Date:
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Page 92 of 128 The Corporation of the Township of Minden Hills
By-Law No. 17-98
Being a By-law to amend By-law No.06-10, as amended, with respect to Part of Lot 11, Concession 11, in the Geographic Township of Anson. (Application: PLZBA2017047) WHEREAS, the Council of The Corporation of the Township of Minden Hills is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O.1990, c. P.13, as amended; AND WHEREAS, the owner of Part of Lot 11, Concession 11, in the Geographic Township of Anson, has filed an application with the Township of Minden Hills to amend By-law No. 06-10, as amended; AND WHEREAS, the rezoning complies with the Official Plan for the Township of Minden Hills; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills has held a public meeting to solicit input; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills deems it appropriate to rezone such lands identified in Schedule ‘A’, attached hereto; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills enacts as follows: 1. That the Township of Minden Hills Zoning By-law No. 06-10, as amended, is hereby further amended by adding the following subsection immediately following subsection 5.4.2.9: 5.4.2.10 Open Space Exception Ten (OS-10) Zone Part of Lot 11, Concession 11, Anson, Schedule 10 On lands zoned Open Space Exception Ten (OS-10), in addition to the uses permitted in the Open Space (OS) Zone, a boat ramp, and marine rail system are permitted uses subject to the following regulations: i. Such use is not to be conducted for monetary gain ii. There be no storage or overnight parking of boats, vehicles, or trailers. All other applicable provisions of the Open Space (OS) Zone shall continue to apply. 2. That, Schedule ‘10’ of the Township of Minden Hills Zoning By-law No. 06-10, as amended, is hereby further amended as it pertains to those lands on Part of Lot 11, Concession 11, in the Geographic Township of Anson, and shown more particularly on Schedule ‘A’ affixed hereto and forming part of this By-law, by rezoning the said lands from the SHORELINE RESIDENTIAL (SR) ZONE to the OPEN SPACE EXCEPTION TEN (OS-10) ZONE. 3. That, this By-law shall come into force and effect on the date it is passed, subject to the provisions of Section 34 of the Planning Act. READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 93 of 128
Page 94 of 128 The Corporation of the Township of Minden Hills
By-Law No. 17-110
Being a By-Law to Authorize a License of Occupation Agreement Between the Corporation of the Township of Minden Hills and Sylvia Soga (File PLOCC2017056)
WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 8 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising it authority under the Municipal Act, 2001, S.O. 2001, c. 25 or any other Act; AND WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 28 provides for jurisdiction over highways by local municipalities; AND WHEREAS, the Municipal Act, 2001, S.O. 2001, c. 25, Section 30 provides that a highway is owned by the municipality that has jurisdiction over it subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills deems it advisable to enter into license agreements to regulate and control the use of such portion of highways (Shore Road Allowances) under the jurisdiction of the local municipality; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills has enacted Policy No. 45 being a policy Establishing the Fees, Costs and Certain Procedures for an Application for Use of Original Shore Road Allowances; AND WHEREAS, the Occupant owns property known municipally as 1049 Forsters Road which adjoins the highway, has applied to the Township of Minden Hills pursuant to Policy No. 45 in order to recognize the existing building and structures situated on the Original Shore Road Allowance; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills deems it desirable and expedient to enter into an agreement permitting such; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills hereby enacts as follows: 1. That the Reeve and Deputy Clerk are hereby authorized to enter into the License of Occupation Agreement, attached hereto as Schedule ‘A’, and forming part of this By-Law. 2. That this By-law shall come into force and take effect on the date of its final passing.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 95 of 128 The Corporation of the Township of Minden Hills
By-Law No. 17-115
Being a by-law to stop up, close and convey part of the original shoreline road allowance adjacent to Twelve Mile Lake in front of Part of Lot 9, Concession 11, in the Geographic Township of Minden, now in the Township of Minden Hills, in the County of Haliburton. (File PLSRA2016051)
WHEREAS, Section 26 of the Municipal Act, S.O. 2001, c. 25, defines an original road allowance as a public Highway; AND WHEREAS, Section 27 of the Municipal Act, S.O. 2001, c. 25, authorizes the Council of a Municipality to pass by-laws with respect to a highway over which it has jurisdiction; AND WHEREAS, The Corporation of the Township of Minden Hills is the owner of a part of the original shoreline road allowance in front of Part of 9, Concession 11, in the Geographic Township of Minden, now in the Township of Minden Hills, in the County of Haliburton, and being more particularly described in Schedule “A” attached hereto; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills has declared part of the original shoreline road allowance in front of Part of 9, Concession 11, in the Geographic Township of Minden, further described as Part 1 on Plan 19R-1011 to be surplus lands; AND WHEREAS, it is deemed expedient in the interest of The Corporation of the Township of Minden Hills to stop up, close and convey certain lands, as described in Schedule “A” attached hereto, to the adjoining land owner; AND WHEREAS, notice of this by-law has been published once a week for two (2) consecutive weeks in a newspaper having general circulation in the County of Haliburton; AND WHEREAS, no person will be deprived of the means of ingress and egress to and from his or her lands or place of residence if the said original shoreline road allowance is stopped up and closed; AND WHEREAS, the Council for the Corporation of the Township of Minden Hills has heard in person or by his counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this by-law and who applied to be heard; NOW THEREFORE, the Council of the Corporation of the Township of Minden Hills enacts as follows: 1. That upon and after passing of this by-law, all those portions of the original shoreline road allowance, described in Schedule “A” attached hereto, and forming part of this by-law, are hereby stopped up and closed. 2. That all those parts of the said original shoreline road allowance hereinbefore described as Part 1 on Plan 19R-1011, are hereby declared to be surplus lands. 3. That all those parts of the said original shoreline road allowance herein before described as Part 1 on Plan 19R-1011, as stopped up and closed, shall be sold and conveyed to the adjacent land owner, at a consideration of Eight Hundred and Eighty-four Dollars ($884) plus HST. 4. That the Reeve and Deputy Clerk of the Corporation of the Township of Minden Hills are hereby authorized to sign or execute such conveyance of that part of the said original shoreline road allowance herein before described and which has been stopped up and closed. READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
Brent Devolin, Reeve
Victoria Bull, Deputy Clerk
Schedule “A”
Part of the original shoreline road allowance adjacent to Twelve Mile Lake in front of Part of Lot 9, Concession 11, in the Geographic Township of Minden, in the County of Haliburton, and designated as Part 1 on Plan 19R-1011.
Page 96 of 128 The Corporation of the Township of Minden Hills
By-Law No. 17-116
Being a by-law to stop up, close and convey part of the original shoreline road allowance adjacent to Bow Lake in front of Part of Lot 19, Concession 4, in the Geographic Township of Snowdon, now in the Township of Minden Hills, in the County of Haliburton. (File PLSRA2017012)
WHEREAS, Section 26 of the Municipal Act, S.O. 2001, c. 25, defines an original road allowance as a public Highway; AND WHEREAS, Section 27 of the Municipal Act, S.O. 2001, c. 25, authorizes the Council of a Municipality to pass by-laws with respect to a highway over which it has jurisdiction; AND WHEREAS, The Corporation of the Township of Minden Hills is the owner of a part of the original shoreline road allowance in front of Part of 19, Concession 4, in the Geographic Township of Snowdon, now in the Township of Minden Hills, in the County of Haliburton, and being more particularly described in Schedule “A” attached hereto; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills has declared part of the original shoreline road allowance in front of Part of 19, Concession 4, in the Geographic Township of Snowdon, further described as Part 1 on Plan 19R-10012 to be surplus lands; AND WHEREAS, it is deemed expedient in the interest of The Corporation of the Township of Minden Hills to stop up, close and convey certain lands, as described in Schedule “A” attached hereto, to the adjoining land owner; AND WHEREAS, notice of this by-law has been published once a week for two (2) consecutive weeks in a newspaper having general circulation in the County of Haliburton; AND WHEREAS, no person will be deprived of the means of ingress and egress to and from his or her lands or place of residence if the said original shoreline road allowance is stopped up and closed; AND WHEREAS, the Council for the Corporation of the Township of Minden Hills has heard in person or by his counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this by-law and who applied to be heard; NOW THEREFORE, the Council of the Corporation of the Township of Minden Hills enacts as follows: 1. That upon and after passing of this by-law, all those portions of the original shoreline road allowance, described in Schedule “A” attached hereto, and forming part of this by-law, are hereby stopped up and closed. 2. That all those parts of the said original shoreline road allowance hereinbefore described as Part 1 on Plan 19R-10012, are hereby declared to be surplus lands. 3. That all those parts of the said original shoreline road allowance herein before described as Part 1 on Plan 19R-10012, as stopped up and closed, shall be sold and conveyed to the adjacent land owner, at a consideration of Five Thousand One Hundred and Sixty Dollars ($5160) plus HST. 4. That the Reeve and Deputy Clerk of the Corporation of the Township of Minden Hills are hereby authorized to sign or execute such conveyance of that part of the said original shoreline road allowance herein before described and which has been stopped up and closed. READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
Brent Devolin, Reeve
Victoria Bull, Deputy Clerk
Schedule “A”
Part of the original shoreline road allowance adjacent to Bow Lake in front of Part of Lot 19, Concession 4, in the Geographic Township of Snowdon, in the County of Haliburton, and designated as Part 1 on Plan 19R-10012.
Page 97 of 128
The Corporation of the Township of Minden Hills
By-Law No. 17-117
Being a by-law to stop up, close and convey part of the original shoreline road allowance adjacent to Bow Lake in front of Part of Lot 18, Concession 4, in the Geographic Township of Snowdon, now in the Township of Minden Hills, in the County of Haliburton. (File PLSRA2017015)
WHEREAS, Section 26 of the Municipal Act, S.O. 2001, c. 25, defines an original road allowance as a public Highway; AND WHEREAS, Section 27 of the Municipal Act, S.O. 2001, c. 25, authorizes the Council of a Municipality to pass by-laws with respect to a highway over which it has jurisdiction; AND WHEREAS, The Corporation of the Township of Minden Hills is the owner of a part of the original shoreline road allowance in front of Part of 18, Concession 4, in the Geographic Township of Snowdon, now in the Township of Minden Hills, in the County of Haliburton, and being more particularly described in Schedule “A” attached hereto; AND WHEREAS, the Council of the Corporation of the Township of Minden Hills has declared part of the original shoreline road allowance in front of Part of 18, Concession 4, in the Geographic Township of Snowdon, further described as Part 2 on Plan 19R-10012 to be surplus lands; AND WHEREAS, it is deemed expedient in the interest of The Corporation of the Township of Minden Hills to stop up, close and convey certain lands, as described in Schedule “A” attached hereto, to the adjoining land owner; AND WHEREAS, notice of this by-law has been published once a week for two (2) consecutive weeks in a newspaper having general circulation in the County of Haliburton; AND WHEREAS, no person will be deprived of the means of ingress and egress to and from his or her lands or place of residence if the said original shoreline road allowance is stopped up and closed; AND WHEREAS, the Council for the Corporation of the Township of Minden Hills has heard in person or by his counsel, solicitor or agent, all persons claiming that their land will be prejudicially affected by this by-law and who applied to be heard; NOW THEREFORE, the Council of the Corporation of the Township of Minden Hills enacts as follows: 1. That upon and after passing of this by-law, all those portions of the original shoreline road allowance, described in Schedule “A” attached hereto, and forming part of this by-law, are hereby stopped up and closed. 2. That all those parts of the said original shoreline road allowance hereinbefore described as Part 2 on Plan 19R-10012, are hereby declared to be surplus lands. 3. That all those parts of the said original shoreline road allowance herein before described as Part 2 on Plan 19R-10012, as stopped up and closed, shall be sold and conveyed to the adjacent land owner, at a consideration of One Thousand and Thirty-eight Dollars ($1038) plus HST. 4. That the Reeve and Deputy Clerk of the Corporation of the Township of Minden Hills are hereby authorized to sign or execute such conveyance of that part of the said original shoreline road allowance herein before described and which has been stopped up and closed. READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
Brent Devolin, Reeve
Victoria Bull, Deputy Clerk
Schedule “A”
Part of the original shoreline road allowance adjacent to Bow Lake in front of Part of Lot 18, Concession 4, in the Geographic Township of Snowdon, in the County of Haliburton, and designated as Part 2 on Plan 19R-10012.
Page 98 of 128 The Corporation of the Township of Minden Hills
By-law No. 17-118
Being a By-law to Deem Lot 1 on Registered Plan 333 in the Geographic Township of Snowdon not to be a Lot on a Registered Plan of Subdivision (File PLDBL2017071)
WHEREAS, authority is given to Council by Section 50 (4) of the Planning Act, R.S.O. 1990 c. P.13, as amended, to pass By-laws to designate any plan of subdivision or part thereof that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purpose of subdivision control; AND WHEREAS, Plan 333 has been a part of a plan of subdivision registered for greater than eight years; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills deems it advisable that a by-law be passed pursuant to the said Section 50(4) in order to adequately control the development of land in the Municipality'; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills enacts as follows: 1. That Lot 1 on Registered Plan 333, in the Geographic Township of Snowdon, be deemed not to be a part of a registered Plan of Subdivision for the purposes of Section 50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 2. That this By-law shall come into force and take effect on the date of its final passing.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 99 of 128 The Corporation of the Township of Minden Hills
By-law No. 17-119
Being a By-law to Deem Lot 4 on Registered Plan 333 in the Geographic Township of Snowdon not to be a Lot on a Registered Plan of Subdivision (File PLDBL2017072)
WHEREAS, authority is given to Council by Section 50 (4) of the Planning Act, R.S.O. 1990 c. P.13, as amended, to pass By-laws to designate any plan of subdivision or part thereof that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purpose of subdivision control; AND WHEREAS, Plan 333 has been a part of a plan of subdivision registered for greater than eight years; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills deems it advisable that a by-law be passed pursuant to the said Section 50(4) in order to adequately control the development of land in the Municipality'; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills enacts as follows: 1. That Lot 4 on Registered Plan 333, in the Geographic Township of Snowdon, be deemed not to be a part of a registered Plan of Subdivision for the purposes of Section 50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 2. That this By-law shall come into force and take effect on the date of its final passing.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 100 of 128 The Corporation of the Township of Minden Hills
By-law No. 17-120
Being a By-law to Deem Lot 5 on Registered Plan 333 in the Geographic Township of Snowdon not to be a Lot on a Registered Plan of Subdivision (File PLDBL2017073)
WHEREAS, authority is given to Council by Section 50 (4) of the Planning Act, R.S.O. 1990 c. P.13, as amended, to pass By-laws to designate any plan of subdivision or part thereof that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purpose of subdivision control; AND WHEREAS, Plan 333 has been a part of a plan of subdivision registered for greater than eight years; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills deems it advisable that a by-law be passed pursuant to the said Section 50(4) in order to adequately control the development of land in the Municipality'; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills enacts as follows: 1. That Lot 5 on Registered Plan 333, in the Geographic Township of Snowdon, be deemed not to be a part of a registered Plan of Subdivision for the purposes of Section 50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 2. That this By-law shall come into force and take effect on the date of its final passing.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 101 of 128 The Corporation of the Township of Minden Hills
By-law No. 17-121
Being a By-law to Deem Lot 3 on Registered Plan 333 in the Geographic Township of Snowdon not to be a Lot on a Registered Plan of Subdivision (File PLDBL2017074)
WHEREAS, authority is given to Council by Section 50 (4) of the Planning Act, R.S.O. 1990 c. P.13, as amended, to pass By-laws to designate any plan of subdivision or part thereof that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purpose of subdivision control; AND WHEREAS, Plan 333 has been a part of a plan of subdivision registered for greater than eight years; AND WHEREAS, the Council of The Corporation of the Township of Minden Hills deems it advisable that a by-law be passed pursuant to the said Section 50(4) in order to adequately control the development of land in the Municipality'; NOW THEREFORE, the Council of The Corporation of the Township of Minden Hills enacts as follows: 1. That Lot 3 on Registered Plan 333, in the Geographic Township of Snowdon, be deemed not to be a part of a registered Plan of Subdivision for the purposes of Section 50(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 2. That this By-law shall come into force and take effect on the date of its final passing.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 102 of 128 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS
BY-LAW NO. 17-123
Being a By-law to Authorize the Reeve and Deputy Clerk to execute an Agreement between the Township of Minden Hills and Gramma’s Fish & Chips for the Operation of the Snack Bar Concession Booth at the S.G Nesbitt Memorial Arena;
WHEREAS, Section 5(3) of the Municipal Act, 2001, c.25 as amended provides that powers of every Council are to be exercised by By-law unless specifically authorized to do otherwise;
AND WHEREAS Section 9 the Municipal Act, 2001, c. 25, as amended provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act;
AND WHEREAS Section 11(2) the Municipal Act, 2001, S.O., 2001, c. 25, as amended, provides that a lower-tier municipality may pass by-laws for the provision of services that the municipality deems necessary or desirable for the public;
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF MINDEN HILLS ENACTS AS FOLLOWS: 1. That the Reeve and Deputy Clerk be authorized to execute the Agreement between Gramma’s Fish & Chips and the Township of Minden Hills, attached hereto as Schedule “A,” for the Operation of the Snack Bar Concession Booth at the S.G Nesbitt Memorial Arena;
2. That the agreement shall come into effect on September, 2017.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 103 of 128
THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS
BY-LAW NO. #17-124
Being the Comprehensive Fees & Charges By-law For the Township of Minden Hills Programs & Services
WHEREAS the Municipal Act, 2001, c. 25, S. 391 (1) provides that a municipality may pass a by-law to impose fees or charges
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF MINDEN HILLS ENACTS AS FOLLOWS:
1. That fees and charges as set out in the schedules to this By-law shall be imposed.
2. That Schedule A to this by-law be the schedule of fees related to the Building Department in accordance with the Building Code Act of Ontario, Section 7; and
That Schedule B to this by-law be the schedule of fees related to the Administration in accordance with the Municipal Act; and
That Schedule C to this by-law be the schedule of fees related to Fire Services in accordance with the Municipal Act; and
That Schedule D to this by-law be the schedule of fees related to the Cultural Centre Programs and Facilities in accordance with the Municipal Act; and
That Schedule E to this by-law be the schedule of fees related to the Roads Department in accordance with the Municipal Act; and
That Schedule F to this by-law be the schedule of Fees related to the Planning Department in accordance with the Planning Act; and
That Schedule G to this by-law be the schedule of fees related to the Cemetery in accordance with the Funeral, Burial and Cremation Services Act; and
That Schedule H to this by-law be the schedule of fees related to the Parks and Recreation Programs and Facilities in accordance with the Municipal Act; and
That Schedule I to this by-law be the schedule of fees related to Environment & Property Operations – Water, Sewer and Landfill in accordance with the Municipal Act.
That Schedule J to this by-law be the schedule of fees related to Community Services advertising in accordance with the Municipal Act.
That Schedule K to this by-law be the schedule of fees related to the lease of municipal property by utility companies, construction companies or government agencies for the purpose of a parking and/or construction staging area during a temporary construction project.
3. That Committees of Council are exempt from fees charged for the use of municipal facilities to host community events and fundraising activities.
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Page 104 of 128
4. That By-law #17-58 is hereby repealed. In the event of any conflict between the provisions of this by-law and any other by-law, the provisions of this by-law shall prevail.
5. That the by-law takes effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
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Page 105 of 128
SCHEDULE “A” Classes of Permits & Fees – Building
Class FEE
To construct a dwelling OR $0.70/sq. ft. flat rate addition to a dwelling plus buildings used for human habitation i.e. bunkies, private cabins To construct an accessory $.50/sq. ft. building OR addition to an accessory building To wreck or demolish a $100.00 building To construct a deck $100.00 To construct a commercial or $0.80/sq. ft. industrial building To construct a tent over 60 $100.00 sq. m To transfer an existing permit $100.00 To change use of a building $100.00 To construct a foundation – $0.40/sq. ft. Unfinished To construct a foundation - $0.70/sq.ft Finished To install a swimming pool $100.00 Solid Fuel burning $100.00 Appliance/HVAC System/Chimney – IE Woodstove/Furnace Agricultural Building $0.30/sq. ft. Minimum Fee for any Building $100.00 plus applicable fee Permit Plumbing Permit $100.00 dwellings $100.00 + $5/fixture ICI Basic Fee of $75 when plumbing is in conjunction with other construction To renovate an existing $0.35/sq. ft. – dwellings building $0.45 sq. ft. – ICI Building without a permit Double the Standard Fee Re-Inspection Fee $100.00 Conditional Permit $100.00 + applicable Building Permit Fees Application for a Sewage $875.00 System – Classes 2, 3, 4 & 5 Septic Permit for an Addition/ $450.00 Renovation/Change of Use or Septic Re-Inspection Septic Permit Review (For $250.00 Change of a Design Requiring a Site Visit) File Search Request and $50.00 Response Letter (Part 8) Dog Tags $10.00 from Jan. 1st to March 31st $15.00 from April 1st to December 31st Sidewalk Table and Chair $100.00 per year Policy
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SCHEDULE “A” Continued Classes of Permits & Fees – Building
Admin. Fee – Non $100.00 Flat Rate Refundable To accompany all applications for a building permit (excluding all Septic fees, Dog fees and Sidewalk Policy) Annual Maintenance Fee – $300.00 Non Refundable Revised Plans Review – $100.00 Existing Permits only
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Page 107 of 128
SCHEDULE “B” Administration
SERVICE FEE
Commissioning of Documents $10.00 Certification of Documents $10.00 Township Pins $1.00 Photocopies $.50 per page Township Flags $50.00 each Small Maps $2.20 each Large Maps $2.76 each County Maps $1.15 each Lottery Licenses: $5.00 per event Bingo: 3% of the value of the total prize to be Raffle: awarded Break Open Tickets: 3% of the prize value to be awarded Bazaar 3% of the prize value to be awarded plus $10.00 per day, per wheel Tax Certificate $35.00 NSF/Returned Payment $50.00 Transfer Balance and $25.00 Overpayments Mortgage Company Billings $ 5.00 per roll/per billing Reminders/Arrears Notices $ 5.00 per tax and/or water & sewer account Past Due/Outstanding 1.25% per month, added on first day of each Accounts and every month that amounts are outstanding Compliance Letter $50.00 Burial Permit/Death $20.00 Registrations – In and Out of Town Rental of Council Chambers $190.00/day or $25.00/per hour plus HST. for “For Profit” Organizations - MARRIAGE Marriage Licence $100.00 Civil Marriage Solemnization $225.00 – During Normal Business hours Cancellation Fee $50.00 Civil Marriage Solemnization $250.00 – Outside Regular Office Hours (Evenings & Weekends) Rental of Council Chambers $50.00 Rehearsal Fee $50.00 Travel fee – Inside Minden $30.00 Hills Travel Fee – Outside Minden $50.00 Hills
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SCHEDULE ‘C’ FIRE
SERVICE FEE
Fire Incident Report $50.00 payable upon receipt of report Fire Inspections $75.00 payable before inspection commenced Burning Permit – Daytime $50.00 payable upon receipt of permit Outdoor Burning Fees (Costs Incurred):
Equipment (Pumper and Tanker) Fee pursuant to the current schedule established by the Ministry of Transportation
Rescue Vehicle: $80.00
4 x 4 Utility: $80.00
Personnel: Pursuant to the current hourly rates in effect, including the 15% payroll burden
Responses to motor vehicle Fee pursuant to the current schedule accidents on Provincial Highways established by the Ministry of Transportation Responses to all other motor vehicle accidents, including Motor Vehicle Fires and Watercraft incidents:
Equipment (Pumper and Tanker): Fee pursuant to the current schedule
established by the Ministry of Transportation
Personnel: Pursuant to the current hourly rates in effect,
including the 15% payroll burden
Non-Emergency Service Rendered Fee pursuant to the current schedule established by the Ministry of Transportation will be charged at the discretion of the Fire Chief or his/her Designate
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Page 109 of 128
SCHEDULE “D” Cultural Centre Programs & Facilities
SERVICE FEE Membership/year Individual $30.00 Family $45.00 Friend $120.00 Facility Rentals Centre Grounds $200.00 per day Common Room Hourly $35.00 Common Room ½ day $50.00 Common Room – Full Day $100.00 Log Church $100.00 per day Nature’s Place Hourly $35.00 Nature’s Place ½ Day $60.00 Nature’s Place – Full Day $120.00 Gallery Space $100.00 per day Rotary Room ½ Day $35.00 Rotary Room full Day $60.00 Note: Rental Fees are based on use during regular open hours. An additional fee of $25.00 per hour applies to use after 5:00 p.m. with the exception of the Common Room Individuals Visiting the Minden Hills Cultural Centre Admission by donation Facilities:
Members: No charge
School Group: $35.00 per class Bus Group: $50.00 Bus Group with Tour: $75.00 Artisan’s Market Vendor per $8.85 per vendor market day
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Page 110 of 128
SCHEDULE “E” Roads Department Fees
SERVICE FEE
Entrance Fee (Driveway) $150.00 Work on Township Right-of- $100.00 as per Policy #27 Way Over Dimensional Load $300.00 Permits – annual fee Over Dimensional Load $50.00 Permits – single use Entrance Permit Deposit $500.00
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Page 111 of 128
SCHEDULE “F” Planning Department Fees
Applications Pursuant to the Planning Act / Condominium Act SERVICE FEE Minor Variance Non-refundable administration fee to be $700.00 filed with the application Amendment requiring recirculation Non-refundable administration fee to be filed with the application $200.00
Amendments without recirculation Non-refundable administration fee to be $100.00 filed with the application Zoning By-law Amendments Total Cost Deposit to be filed with the $1,750.00 application The Cost Deposit includes a non- refundable administration fee $750.00 Temporary Use By-law Total Cost Deposit to be filed with the $1,000.00 application The Cost Deposit includes a Non- refundable Administration Fee $350.00
Official Plan Amendments Total Cost Deposit to be filed with the $3,000.00 application The Cost Deposit includes a Non- refundable administration fee $1,000.00 Combined Official Plan & Zoning By- law Amendment Total Cost Deposit to be filed with the $3,500.00 application The Cost Deposit includes a Non- refundable administration fee $1,500.00 Consent to Sever Creation of a Right-of-way, Easement or amendment to a previous Severance Application Non-refundable administration fee to be $250.00 filed with the application
Creation of a New Lot or Addition to an Existing Lot Non-refundable administration fee to be filed with the application $450.00 Plan of Subdivision/Plan of Condominium Total Cost Deposit to be filed with the $5,000.00 application
The Cost Deposit includes a Non- refundable fee $1,000.00
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Page 112 of 128
SCHEDULE “F” Continued Planning Department Fees
Deeming By-law Total Cost Deposit to be filed with the $650.00 application
The Cost Deposit includes a Non- $250.00 refundable fee
Filed in connection with a Shore Road Allowance Application or Application for Consent Non-refundable administration fee to be filed $250.00 with the application Severance Agreement Total Cost Deposit to be filed with the $1, 000.00 application The Cost Deposit includes a Non-refundable $350.00 administration fee Site Plan Approval Commercial/Industrial/Multi-Residential Total Cost Deposit to be filed with the application $5,750.00
The Cost Deposit includes a Non- $1,250.00 refundable administration fee
Amendment to Commercial/Multi- Residential Site Plan Total Cost Deposit to be filed with the $2,500.00 application The Cost Deposit includes a Non- $500.00 refundable administration fee
Private Road/Residential Development Site Plan Application Total Cost Deposit to be filed with the $1,000.00 application The Cost Deposit includes a Non-refundable $350.00 administration fee Remove a Holding Provision Total Cost Deposit to be filed with the $1,000.00 application The Cost Deposit includes a Non-refundable $350.00 administration fee Condominium Exemption Non-refundable administration fee to be filed $350.00 with the application
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Page 113 of 128 SCHEDULE “F” Continued Planning Department Fees
Applications For The Sale, or Use, of Township Land SERVICE FEE Shoreline Road Allowance (Purchase) Total Cost Deposit to be filed with the application $4,750.00 The Cost Deposit includes a Non- refundable administration fee $500.00
The Cost Deposit includes partial $4,000.00 purchase price for the first 150 feet of frontage The Cost Deposit does not include the $18.00 fee for each additional foot of frontage except that any balance on the deposit may be applied to the additional frontage cost Shoreline Road Allowance (Occupation) Non-refundable fee to be filed with the $350.00 application Unopened Road Allowance (Purchase) Total Cost Deposit to be filed with the application $2,025.00 The Cost Deposit includes a Non- refundable administration fee $225.00
The Cost Deposit includes a Non- $300.00 refundable preliminary consultation fee Construct an Access Road on Unopened Road Allowance Total Cost Deposit to be filed with the $1,000.00 application The Cost Deposit includes a Non- refundable administration fee $350.00 Applications For Staff Review SERVICE FEE Cell Phone Tower Tower less than 30 metres Non-refundable administration fee to be $350.00 filed with the request Tower greater than 30 metres Non-refundable administration fee to be $1,000.00 filed with the request Renewable Energy Support Resolution Renewable Energy Project greater than 10 kW but less than 500 kW Non-refundable administration fee to be filed with the request $350.00 Renewable Energy Project greater than 500 kW Non-refundable administration fee to be $1,500.00 filed with the request
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Page 114 of 128
SCHEDULE “F” Continued Planning Department Fees
Other Fees SERVICE FEE Official Plan (copy) $25.00 text only / $15.00 CD Zoning By-law (copy $25.00 text only / $15.00 CD An additional deposit of up to $5,000.00 may be requested at any time, including at the time of application, to cover the cost of any peer review required for supporting background studies or services provided by municipal consultant/solicitor where it is of the opinion of the Chief Building Official/Planning Supervisor that the deposit associated with the application would be insufficient to cover the cost of the review(s) and consultant(s)/solicitor(s). Work will not be completed by the municipal consultant/solicitor until such deposit has been paid by the applicant. Additional funds may be requested from time to time to fully cover the municipal expenses.
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Page 115 of 128
SCHEDULE “G” CEMETERY
SERVICE FEE
Interment Rights in a Regular Full Burial Plot *Fees include the $200.00 fee for the purchase and installation of cornerstones
Bethel Cemetery: $950.00 Gelert Cemetery: $950.00 Minden Cemetery: $950.00 Twelve Mile Cemetery: $950.00 Non-Resident Surcharge on Interment Rights in a Regular Plot: Bethel Cemetery: $950.00 Gelert Cemetery: $950.00 Minden Cemetery: $950.00 Twelve Mile Cemetery: $950.00 Resident Interment rights in Cremation Plots: All Cemeteries: $500.00 Non-Resident Surcharge on Interment Rights in a Cremation Plot All Cemeteries: $500.00 Resident Interment rights in Columbaria Minden Twelve Mile Top Row $1,000.00 $1,000.00 2nd Row $1,000.00 $1,000.00 3rd Row $1,000.00 $1,000.00 Bottom Row $1,000.00 $1,000.00
Non-Resident Surcharge on Interment Rights in Columbaria Minden Twelve Mile Top Row $1,000.00 $1,000.00 2nd Row $1,000.00 $1,000.00 3rd Row $1,000.00 $1,000.00 Bottom Row $1,000.00 $1,000.00
Opening & Closing Fees – All Cemeteries: Adult Casket: $450.00 Winter Casket Burial $450.00 Infant/Child Casket: $450.00 In-ground cremains: $225.00 Columbaria Niche $225.00
Saturday Interment Surcharge Adult Casket: $200.00 Infant/Child Casket: $200.00 Cremation: $100.00 Columbaria Niche $100.00
Late Interment Surcharge (All Cemeteries, any interment) All Days After 3:00 p.m. $ 150.00
Disinterment Adult Casket: $750.00 Infant/Child Casket: $750.00 Cremation: $375.00
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Page 116 of 128
SCHEDULE “G” Continued CEMETERY
Marker Installation Removal of Sod for Flat $ 75.00 Markers Foundation installations $300.00 Columbaria niche lettering $500.00 Columbaria niche year of $300.00 passing Purchase and Installation of Cornerstones All Cemeteries $200.00 Marker Care & Maintenance Flat (at least 173 sq. inches) $0.00 Flat 173 sq. inches or larger $50.00 Upright less than 4 feet $100.00 including base Upright greater than 4 feet $200.00 including base Administrative Fees & Other Fees Administrative $45.00 Change of Interment Rights $100.00 Transfer of Interment Rights $100.00 Assisting Family to $50.00 per lot determine/document interment rights Vault storage – storage of $200.00 remains for spring interment
Definition of “Resident” The Resident Rate for cemetery lot purchase applies to Permanent or Seasonal landowners who currently own property within the County of Haliburton. Resident shall also include an individual who has filled one of the previous criteria but has sold or relocated outside of the County of Haliburton within the previous twenty-four months in order to receive long-term care, or at the discretion of the Cemetery Board.
Definition of Interment Rights for Full Burial Lot
Includes rights to inter up to 1 casket + 2 cremains or 4 cremains plus 4 cornerstones and installation Identity of intended interred must be declared at the time of cemetery lot purchase, or an administrative service charge shall apply The greater of 40% and $250.00 of the full burial lot purchase fee in transferred to a Care & Maintenance Trust Fund as per legislation. Definition of interment Rights for In-Ground Cremation Lot
Includes rights to inter up to 2 cremains Identity of intended interred must be declared at the time of cemetery lot purchase, or an administrative service charge shall apply The greater of 40% and $150.00 of the in-ground cremation burial lot purchase fee is transferred to a Care & Maintenance Trust Fund as per legislation. Definition of Interment Rights for Cremation Niche
Includes rights to inter up to 2 cremains in one 12” x 12” niche Identity of intended interred must be declared at the time of purchase, or an administrative service charge shall apply The greater of 15% and $100.00 of the cremation niche cemetery lot purchase fee is transferred to a Care & Maintenance Trust Fund as per legislation.
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Page 117 of 128 SCHEDULE H Community Services Programs & Facilities
SERVICE FEE Note: All fees are subject to applicable taxes & fees (e.g. HST, SOCAN) Ice Rates Regular Season (Labour Day through Easter) Ticket Ice Rate per hour* $80.00 Minor Ice Rate per hour $80.00 Regular Ice Rental per $112.00 hour Tournament Ice per hour $125.00 Public Skate Per Person $2.00 Each Public Skate Per School $30.97 per day Class Shinny per Person $1.77 per day Rink Area Rates Rental per day or night $1,050.00 Special Occasion Permit $210.00 Surcharge Floor Activity (eg. Ball hockey, lacrosse, roller $ 50.00 derby) per hour
Fairground Rental Full fairground per day, $300.00 including washrooms Subsequent consecutive $175.00 days (2nd, 3rd, etc.) 1/2 fairground per day, $150.00 including washrooms 1/2 fairground subsequent consecutive $87.50 days Permanent Washroom (located in upper $100.00 fairgrounds) Horse Ring Rental- $50.00 Association Day Rate Horse Ring Rental-Day $100.00 Rate Permission to host $300.00 Overnight Camping Large Event fee (500+ $2/admission. $0.50/admission for local service clubs. Attendance)
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Page 118 of 128
SCHEDULE H Continued Community Services Programs & Facilities
Ball Diamonds (Lower Washrooms Included) Tournaments per day Multiple diamonds (up to $300.00 3) Multiple diamonds subsequent consecutive $200.00 days Single diamond $150.00 Single diamond subsequent consecutive $75.00 days Ball League per game Adult recreational $16.00 Youth recreational $10.00 Youth competitive $12.00 Lights surcharge $10.00 Recreation Programs Softball Registration per $35.40 season Youth Fitness Classes per $4.42 per session Person Table Tennis per Person $2.65 per day Pickle Ball per Person $1.77 per day Ball Hockey per Person $1.77 per day Halloween $0.88 Memorial Tree & Bench
Program $500.00 per tree (includes materials, planting and Memorial Tree maintenance) $2,000.00 per bench (includes customized bench, Memorial Bench materials, memorial label and installation)
OTHER Fence Installation $300.00 Additional maintenance $25.00/Staff Person Hour surcharge Tent 10 x 10 $100.00 Tent 10 x 20 $150.00 Tent 10 x 30 $350.00 Tent 20 x 20 $400.00 Table rental Square $5.00 each Wood (pick-up only) Chair rental (pick-up only) $2.50 each Picnic Shelter Rental $25.00 per day Additional Portable Toilet $25.00 per day Additional Ball Diamond $15.00 Dragging/Lining Function in Parks (weddings, family $50.00 per day (includes additional tables, garbage picnics…not exclusive cans, set up/clean up) use) Room Rental Rates Room 1 Full Rate – Day or Night $250.00 4 hour rate (minimum $125.00 charge) Kitchen, Day or Night Rate $61.00
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Page 119 of 128 SCHEDULE H Continued Community Services Programs & Facilities
Room 2 Day or Night Rate $150.00 4 hour Rate (minimum $75.00 charge) Room 3 Day or Night Rate $150.00 4 hour Rate $75.00 Room 1 & 2 Day or Night Rate $350.00 4 hour Rate $150.00 Room 2 & 3 Full Rate - Day or Night $225.00 4 hour Rate $112.00 Full Auditorium (Rooms No. 1, 2, 3 and Kitchen) Full Day/Night Rate $350.00 Night Rate Rental $350.00 Special Hourly Rate For Community Fitness $31.25 Programs (Room No. 1,2, 3) Special Occasion Permit $105.00 Surcharge Municipality-run Bar $220.00 Full Auditorium booking 50% of total booking value deposit (non-refundable) Security/Damage Deposit $100.00 Other Charges Friday Night set up for $175.00 weekend function 30 cup urn $17.50 55 cup urn $25.00 100 cup urn $35.00 Chafing dish rental $16.00 Place setting rental (dinner plate, side plate, bowl, Included in rental cup, saucer, cutlery) Wine glass rental per $0.40 glass Audio/Video Requirements DVD Player Rental $5.00 LCD Projection unit $25.00 Phone Line required (per $20.00 day) Portable PA system (per $50.00 day) Liquor/Beer sales Beer per serving $5.50 Beer – non-alcoholic per $4.50 serving Premium Beer per serving $6.00 Coolers & Ciders - $7.00 Premium Coolers – regular $6.00 Liquor per serving $5.50 Wine per glass $6.00 Wine per bottle $18.00 Corkage Fee - per bottle $8.00 The Community Services Department reserves the right to set a reasonable charge for community activities such as public skating, movie presentations, special events, etc. * Ticket Ice rates apply Monday-Friday before 4pm.
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Page 120 of 128
SCHEDULE H Continued Community Services Programs & Facilities
Irondale Community Centre Fees and Charges Centre rental per hour, (light kitchen use). $10.00 Minimum 2 hours. Centre rental per hour, (full kitchen use). $15.00 Minimum 2 hours. Entire property per day $100.00 Tent Rental (incl. set-up) $250.00 Outdoor table rental per $25.00 day (up to 8 tables) Tent damage fee $200.00 Pole or rope damage fee $50 per pole or rope Table damage fee $30.00 Lochlin Community Centre Fees and Charges Centre rental (minimum – $48.00 up to 4 hours) Centre rental per $12.00 additional hour Entire property per day $100.00 Table damage fee $30.00
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Page 121 of 128
SCHEDULE “I” ENVIRONMENT: Water, Sewer & Landfill
Water: Water turn on/turn off $50.00 during regular working hours charge $80.00 during overtime hours “New” water service $500.00 or actual costs – whichever is greater connections Water/Sewer Connection at $250.00 each existing service at property line Service charge for water $125.00 meter replacement/repair Water Meter Reading $125.00 per reading Request UNAUTHORIZED removal $500.00 of water meter and water meter recording wires Sewer: New Sewer Service $500.00 or actual costs – whichever is greater Connections Landfill: Household Waste Bag Limit No charge – 3 clear garbage bags per week. Recycled and Sorted $1.00 per additional bag Household Waste Bag Limit $2.00 per bag Unrecycled and Unsorted Household Waste Unsorted $50.00 per cubic yard (pick-up, or trailer, bins, dump trucks) Household Waste Sorted $35.00 per cubic yard for Compactor Trucks/Bins Car Tires 5 tires per load only – no charge Truck Tires 5 tires per load only – no charge Appliances – Except CFC No Charge (stoves, washers, dryers) CFC Appliances Free – tagged (Refrigerators, freezers, air $50.00 – untagged conditioners, etc.) Furniture – per unit $10.00 per unit Mattress, Box Spring – per $10.00 per unit unit Commercial Refuse Sorted $25.00 per cubic yard (pick-up, or trailer, bins, dump trucks) Commercial Refuse $50.00 per cubic yard Unsorted (Compactor Trucks pick-up, or trailer, bins, dump trucks) Construction Material $40.00 per cubic yard Sorted (pick-up or trailer, bins, dump trucks) Construction Material $80.00 per cubic yard Unsorted (pick-up or trailer, bins, compactor trucks, dump trucks) Approved Contaminated $20.00 per cubic yard Soil
SCHEDULE “I” Continued
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Page 122 of 128 ENVIRONMENT: Water, Sewer & Landfill
Oil Tanks – per tank Must have a 2’ x 2’ hole or cut in half - Free (must not contain any oil) Propane Tanks Accepted at Scotchline only – no charge Boats $2.00/ft. if stripped of all metal $4.00/ft. if not E-Waste, television, Free – Scotch Line Landfill and Irondale Landfill monitors, etc. Water from Township Coin 25 cents per 4 Litres Meter Boat Shrink Wrap is $5.00 per wrap permitted at Scotch Line Landfill only within the month of July Rental Fee for OPP $100.00 month Substation (U-Links)
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Page 123 of 128
SCHEDULE J Community Services Advertising
LOCATION SIZE CURRENT ANNUAL SET-UP (quarterly) per RATE FEE annum SG Nesbitt Memorial Centre – INTERIOR
Rink/Wall Board 3ft x 8ft N/A $420 $550 Olympia Variable N/A $300 $400 SG Nesbitt Memorial Centre – EXTERIOR
Spot #1 48”x48” N/A $300 $300 Spot #2 24”x48” vertical N/A $200 $200 Spot #3 24”x48” vertical N/A $200 $200 Spot #4 24”x96” N/A $300 $300 horizontal Spot #5 48”x96” N/A $400 $400 horizontal Spot #6 24”x96” N/A $300 $300 horizontal Spot #7 48”x48” N/A $300 $300 Spot #8 24”x48” vertical N/A $200 $200 Spot #9 24”x48” vertical N/A $200 $200 Snowmobile/ATV Trail
All 8.5” x 11” sign N/A $200.00 $200 at 5 locations Mobile Highway Sign (Tourist Information Centre)
Highway 35 4 lines of 15 N/A $10 per two (2) N/A characters per week block line Water Street 4 lines of 15 N/A $10 per two (2) N/A characters per week block line
*HST is in addition to all fees.
Definition of “Set-up Fee”
The set-up fee will be charged for material and installation costs when an advertiser is first starting a new Advertising Space or when a current advertiser wishes to change their existing sign artwork.
Definition of “Annual Rate”
The Annual Rate will be the yearly rental fee charged for advertising with the Township of Minden Hills during a 12 month period starting August 1 through July 31 of the next year. Rental contracts will start on August 1 of each year. Those contracts that start between August 1 and July 31 will be prorated.
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Page 124 of 128 SCHEDULE K Lease of Municipal Properties for Parking and/or Construction Staging
SERVICE FEE
Rental of municipal lands for parking $350.00 per month and/or construction staging areas for temporary projects
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Page 125 of 128 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS
BY-LAW NO. 17-125
Being a By-law to Authorize the Reeve and CAO/Treasurer to execute a revised Funding Agreement between the Corporation of the Township of Minden Hills and the Canadian Museums Association.
WHEREAS, Section 5(3) of the Municipal Act, 2001, c.25 as amended provides that powers of every Council are to be exercised by By-law unless specifically authorized to do otherwise;
AND WHEREAS Section 9 the Municipal Act, 2001, c. 25, as amended provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act;
AND WHEREAS the Township of Minden Hills wishes to enter into a revised Young Canada Works Funding Agreement between the Township of Minden Hills the Canadian Museums Association for two Heritage Interpreter student positions at the Minden Hills Cultural Centre;
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF MINDEN HILLS ENACTS AS FOLLOWS:
1. That the Reeve and CAO/Treasurer be authorized to execute a 2017 YCWHO Funding Agreement titled Contract with Employer dated August 21, 2017, attached hereto and forming part of this By-law, between the Corporation of the Township of Minden Hills and Canadian Museums Association.
2. That the Reeve and CAO/Treasurer be authorized to execute a YCWHO Eligibility Declaration, attached hereto and forming part of this By-law, between the Corporation of the Township of Minden Hills and Canadian Museums Association.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 126 of 128 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS
BY-LAW NO. 17-127
Being a By-law to Authorize the Reeve and Clerk to execute an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs and the Corporation of the Township of Minden Hills for the creation of an Economic Development Strategic Plan.
WHEREAS, Section 5(3) of the Municipal Act, 2001, c.25 as amended provides that powers of every Council are to be exercised by By-law unless specifically authorized to do otherwise;
AND WHEREAS Section 9 the Municipal Act, 2001, c. 25, as amended provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act;
AND WHEREAS the Township of Minden Hills wishes to enter into an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs and the Corporation of the Township of Minden Hills for the creation of an Economic Development Strategic Plan.
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF MINDEN HILLS ENACTS AS FOLLOWS:
1. That the Reeve and Clerk to execute an Agreement, attached hereto, between Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs and the Corporation of the Township of Minden Hills for the creation of an Economic Development Strategic Plan.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal attached hereto this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 127 of 128 The Corporation of the Township of Minden Hills
BY-LAW NO. 17-128
Being a by-law to confirm the proceedings of Council at its Regular Council Meeting held on September 28, 2017
WHEREAS under the authority of the Municipal Act, 2001, Municipal Council is required to exercise its powers by by-law unless specifically authorized to do otherwise;
AND WHEREAS in many cases, action which is taken or authorized to be taken by Council or by a Committee of Council does not lend itself to an individual by- law;
AND WHEREAS Council deems it expedient to confirm the proceedings of Council at its Regular Meeting of September 28, 2017;
NOW THEREFORE, The Council of The Corporation of the Township of Minden Hills enacts the following:
1. That the action of the Council of The Corporation of the Township of Minden Hills at its Regular Meeting of September 28, 2017 with respect to each resolution and other action passed and taken by the Council at its meetings, is except where the prior approval of The Ontario Municipal Board is required, hereby adopted, ratified and confirmed as is such proceeding and action were expressly adopted and confirmed by by-law.
2. That the Head of Council and the proper officers of the Municipality are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required, and, except where otherwise provided, the Head of Council and Clerk, or their designates, are hereby authorized and directed to execute all necessary documents and to affix the corporate seal of the Municipality to all such documents.
READ A FIRST, SECOND AND THIRD TIME, passed and signed and the Corporate Seal attached hereto, this 28th day of September, 2017.
______Brent Devolin, Reeve
______Victoria Bull, Deputy Clerk
Page 128 of 128