Regular Council Agenda Monday, September 28, 2020 9:30 AM Electronic Meeting via Zoom
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1. CLOSED SESSION, IF REQUIRED
1.1. Closed Session Council minutes dated September 14, 2020.
1.2. Closed Session Committee of the Whole minutes dated September 21, 2020
1.3. Closed Session Lagoon City Parks & Waterways minutes dated September 10, 2020
2. OPENING OF THE MEETING
2.1. Remarks by Mayor
2.2. Remarks by the CAO
3. ADOPTION OF AGENDA AND/OR AGENDA ADDITIONS
3.1. Agenda and Additions dated September 28, 2020. Recommendation: That the agenda dated September 28, 2020 and additions thereto be adopted, as presented.
4. ADOPTION OF MINUTES
4.1. Council meeting minutes dated September 14, 2020. 5 - 11 Regular Council - 14 Sep 2020 - Minutes - Pdf Recommendation: THAT the Council meeting minutes dated September 14, 2020 be adopted as presented.
5. DISCLOSURE OF PECUNIARY INTEREST
6. MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN
7. PUBLIC MEETINGS
7.1. Zoning Bylaw Amendment File Z-4/20 12 - 27 1811 Concession Road 10 Christopher Curran, owner and Joshua Morgan, Morgan Planning & Development Inc., agent BP-27-20 - Pdf Recommendation: THAT we receive Report BP-27-20 dated September 28, 2020 from Deb McCabe, Planning Supervisor/Zoning Administrator; AND THAT the required Statutory Public Meeting has been held pursuant to Section 34 of the Planning Act R.S.O. 1990, c.P.13. with no comments or concerns raised by Council, agencies or property owners within the required circulation area; AND THAT we adopt the Zoning Bylaw Amendment as presented.
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8. PRESENTATIONS, RECEIVING OF PETITIONS AND DEPUTATIONS
8.1. Petition to reduce speed limits on Plum Point Road and additional stop 28 - 35 signs at intersections. Plum Point Petition 1_Redacted Recommendation: THAT we receive the petition from area residents requesting reduction in speed limit on Plum Point Road and additional stop signs area intersections. AND THAT staff prepare a report.
8.2. Petition from area residents requesting all-way stop signs at 36 - 39 intersections in order to reduce speeding. Creighton_Winchester_Patricia_Petition_Redacted Recommendation: THAT we receive the petition from area residents requesting all-way stop signs at Creighton and Winchester Streets and Patricia Drive and Winchester Street. AND THAT staff prepare a report.
9. CONSENT AGENDA
9.1. AMO Communications 40 - 48 Recommendation: Receive as Information Policy Update dated September 17, 2020 Policy Update dated September 21, 2020 WatchFile dated September 24, 2020
9.2. Simcoe County District School Board, copy of correspondence to the 49 - 50 Minister of Education, dated September 15, 2020 regarding capital priorities. Recommendation: Receive as Information. Minister of Education re Capital Priorities.pdf
9.3. Nancy Huddleston correspondence dated September 6, 2020 regarding 51 resignation from the Brechin Community Centre Board. Recommendation: Receive and thank her for her years of service. Huddleston Resignation BCCB_Redacted
Recommendation: THAT we adopt the recommendations of Items 9.1 and 9.3 as set out in the Consent Agenda dated September 28, 2020 and any additions thereto.
10. REPORTS OF COMMITTEES & BOARDS
10.1. Committee of the Whole Report 11/20 dated September 21, 2020 52 - 57 Committee of the Whole - 21 Sep 2020 - Minutes - Pdf Recommendation: THAT we adopt Section "A" of Committee of the Whole Report 11/20 dated September 21, 2020, as presented. Recommendation: THAT we adopt Section "B" of Committee of the Whole Report 11/20 dated September 21, 2020, as presented. (Appointments to Appeals Tribunal)
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10.2. Joint Health & Safety Minutes 58 - 80 Joint Health & Safety Committee - 22 Apr 2020 - Minutes - Pdf Joint Health & Safety Committee - 27 May 2020 - Minutes July 14 2020 minutes JHSC Recommendation: THAT we receive the Joint Health & Safety Committee minutes dated April 22, May 27 and July 14, 2020, as information.
10.3. Lagoon City Parks & Waterways minutes dated September 10, 2020 81 - 84 Lagoon City Parks and Waterways Commission - 10 Sep 2020 - Minutes - Pdf Recommendation: THAT we receive the Lagoon City Parks & Waterways minutes dated September 10, 2020, as information.
11. ITEMS REQUIRING THE IMMEDIATE ATTENTION OF COUNCIL
11.1. Electronic Meetings and Time Change 85 - 86 CD-22-20 - Pdf Recommendation: THAT we continue with electronic meetings using zoom until the end of the Year 2020; AND THAT we provide notice to change the time of Council meetings from 7:00 p.m. to 9:30 a.m.
12. UNFINISHED BUSINESS
13. LONG TERM INITIATIVES
13.1 OLG Funding 13.2 Public Transit 13.3 High Speed Internet 13.4 Natural Gas 13.5 CN Rail Issues in Brechin
14. COUNTY COUNCIL UPDATE
14.1. County of Simcoe Council meeting highlights dated September 22, 87 - 88 2020. County Council Highlights - September 22 Recommendation: THAT we receive the County of Simcoe Council meeting highlights dated September 22, 2020, as information.
15. ANNOUNCEMENTS AND INQUIRIES – MEMBERS OF COUNCIL
16. REQUESTS FOR REPORTS FROM COUNCIL MEMBERS
17. NOTICES OF MOTION
18. QUESTION PERIOD FOR MEDIA AND PUBLIC DEALING WITH AGENDA ITEMS
19. BILLS AND BYLAWS
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2020.52 Amend Procedure Bylaw to provide for Electronic Participation 89 - 91 2020.52 Amend Procedure Bylaw
2020.53 Amend Fees & Charges Bylaw 2017.18 (Schedules A and E) 92 - 96 2020.53 Amend Fees&Charges
2020.56 Water Use Bylaw 97 - 129 2020.56 Water Use Bylaw
2020.57 Zoning Bylaw Amendment - 1811 Concession Road 10 (File Z-4/20) 130 - 132 2020.57 ZBA - 1811 Concession Road 10
2020.58 Amend Speed Limit Bylaw (Fern Resort Road and Prospect Avenue) 133 - 139 2020.58 Amend Speed Bylaw
2020.59 Indemnification Bylaw 140 - 149 2020.59 Indemnification Bylaw
Recommendation: THAT Bills 2020.52, 2020.53, 2020.56, 2020.58 and 2020.59 be read a first, second and third time and finally passed as bylaws.
Recommendation: THAT Bill 2020.57 (ZBA File Z-4/20) be read a first, second and third time and finally passed as a bylaw.
20. CONFIRMATION BYLAW
Recommendation: THAT Bylaw 2020.77, a bylaw to confirm the proceedings of the Council meeting held on the 28th day of September 2020, be considered read a first, second and third time and finally passed.
21. ADJOURNMENT
Recommendation: THAT we now adjourn at p.m. until October 26, 2020 at 7:00 p.m.
Page 4 of 149 Agenda Item #4.1.
Regular Council Minutes Monday, September 14, 2020 - 9:30 AM Electronic Meeting via Zoom
The Electronic Regular Council of the Township of Ramara was called to order on Monday, September 14, 2020, at 9:30 AM, with the following members present:
PRESENT: Mayor Basil Clarke Councillor Ward 1 David Snutch Deputy Mayor Joe Gough Councillor Ward 3 Ted Lamb Councillor Ward 4 Gary Hetherington Councillor Ward 5 Kal Johnson Councillor Ward 2 Jennifer Fisher ABSENT: ALSO PRESENT: Chief Administrative Officer John Pinsent Director of Legislative and Community Services/Clerk Jennifer Connor Deputy Clerk Cathy Wainman Director of Infrastructure Kathy Sipos Director Fire & Rescue Services/Fire Chief Tony Stong Chief Building Official Leo Grellette Bylaw & Licensing Supervisor Jon Popple HR Coordinator/H&S Officer Brittany Wilson Business & Communication Coordinator Ashley Watson Executive Assistant to the CAO/Council Liaison Madison Dunn
1. CLOSED SESSION, IF REQUIRED 1.1. Closed Session Council minutes dated August 24, 2020
Resolution Number CR.274.20 Moved by Joe Gough Seconded by Kal Johnson THAT we adopt the closed session Council minutes dated August 24, 2020, as presented. CARRIED.
2. OPENING OF THE MEETING 2.1. Mayor Clarke congratulated the newly elected Rama Band Council and Ted Williams as the New Chief. Also, Dillon Bickle, a young resident who grew up in Ramara was elected to the Rama Council.
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2.2. John Pinsent, CAO confirmed that the Administration Centre opened up this morning for walk-ins regarding financial matters, and by appointment for other matters. Also, OCWA (Ontario Clean Water Agency)vehicles are now being seen around the water and sewer plants as the transition has taken place with them operating our water and wastewater services.
3. ADOPTION OF AGENDA AND/OR AGENDA ADDITIONS 3.1. Agenda and Additions dated September 14, 2020
Resolution Number CR.275.20 Moved by Joe Gough Seconded by Gary Hetherington THAT the agenda dated September 14, 2020 and additions thereto be adopted. CARRIED.
4. ADOPTION OF MINUTES 4.1. Council meeting minutes dated August 24, 2020.
Resolution Number CR.276.20 Moved by Gary Hetherington Seconded by Ted Lamb THAT we adopt the Council meeting minutes dated August 24, 2020 as amended. CARRIED.
5. DISCLOSURE OF PECUNIARY INTEREST Councillor Snutch declared a pecuniary interest with respect to Items 9.10 and 9.11, the Indemnification Bylaw and Loopstra Nixon invoice, as he is named in both items. Councillor Snutch left the room, did not participate in the discussions, nor did he vote on either matter.
6. MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN
7. PUBLIC MEETINGS
8. PRESENTATIONS, RECEIVING OF PETITIONS AND DEPUTATIONS
9. CONSENT AGENDA 9.1. Ministry of Municipal Affairs and Housing correspondence dated August 28, 2020 regarding A Place to Grow: Growth Plan for the Greater Golden Horseshoe. Recommendation: Receive as Information.
Regular Council Minutes September 14, 2020 Page 2 of 7
Page 6 of 149 Agenda Item #4.1.
9.2. Copy of correspondence dated September 3, 2020 to the Ministry of Municipal Affairs and Housing regarding Rama Road Economic Employment District. Recommendation: Receive as Information.
9.3. AMO Communications Recommendation: Receive as Information.
9.4. Lake Simcoe Region Conservation Authority media release dated September 8, 2020 regarding CAO Announces Retirement, Celebrating 36 Years. Recommendation: Receive as Information.
9.5. Xplornet correspondence dated July 22, 2020 regarding the proposed Telecommunications Installation at 2115 Highway 12, Brechin. Recommendation: Receive and advise we have no objections
9.6. Sick Kids Foundation correspondence dated August 12, 2020 regarding 2nd Annual Cruisin for the Cause on September 19, 2020. Recommendation: Receive and letter of support provided.
9.7. Konrad Brenner correspondence dated August 23, 2020 regarding the next election. Recommendation: Receive and staff prepare a report following the Ward Boundary/Electoral Review.
9.8. Tobin resignation from the Brechin Community Centre Board dated July 5, 2020. Recommendation: Receive and thank for years of service.
9.9. Property owner of 4510 Fern Resort Road, email dated August 25, 2020 regarding request to purchase some of the road allowance. Recommendation: Receive and staff prepare a report.
9.10. John Ewart correspondence dated August 26, 2020 regarding Legal Indemnification Bylaw 2008.27 - David Snutch. Recommendation: See CR.278.20 below
9.11. Loopstra Nixon correspondence and invoice dated July 24, 2020 regarding Integrity Commissioner matter concerning Councillor Snutch. Recommendation: See CR.279.20 below
9.12. Township of Ramara Re-Opening Plan dated September 14, 2020. Recommendation: Receive as Information.
9. Resolution Number CR.277.20 Moved by Joe Gough Seconded by Gary Hetherington THAT we adopt the recommendations of Items 9.1 to 9.12 as set out in the Consent Agenda dated September 14, 2020 and any additions thereto with the exception of Item(s) 9.10 and 9.11 CARRIED.
Regular Council Minutes September 14, 2020 Page 3 of 7
Page 7 of 149 Agenda Item #4.1.
9.10. Resolution Number CR.278.20 Moved by Joe Gough Seconded by Jennifer Fisher THAT we receive the correspondence dated August 26, 2020 from John EWart regarding the Legal Indemnification Bylaw 2008.27 - David Snutch; AND THAT we advise we wish to have a new Indemnification Bylaw CARRIED.
9.11. Resolution Number CR.279.20 Moved by Joe Gough Seconded by Ted Lamb THAT we receive the correspondence dated July 24, 2020 regarding Integrity Commissioner matter concerning Councillor Snutch AND THAT we forward the payment in full directly to Loopstra Nixon. CARRIED.
10. REPORTS OF COMMITTEES & BOARDS 10.1. Ramara Trails Committee minutes of meeting held August 11, 2020.
Resolution Number CR.280.20 Moved by Ted Lamb Seconded by Joe Gough THAT we receive the Ramara Trails Committee minutes of meeting held August 11, 2020, as information. CARRIED.
11. ITEMS REQUIRING THE IMMEDIATE ATTENTION OF COUNCIL 11.1. Tigera Longstreet email correspondence dated August 13, 2020 regarding speed limits and share the road signs.
Resolution Number CR.281.20 Moved by Joe Gough Seconded by Jennifer Fisher THAT we receive the email correspondence from Tigera Lonstreet dated August 13, 2020 regarding speed limits and share the road signs, as information. AND THAT we investigate lowering the speed limit on all gravel roads to 60 km/hr. CARRIED.
12. UNFINISHED BUSINESS
13. LONG TERM INITIATIVES
13.1 OLG Funding 13.2 Public Transit
Regular Council Minutes September 14, 2020 Page 4 of 7
Page 8 of 149 Agenda Item #4.1.
13.3 High Speed Internet 13.4 Natural Gas 13.5 CN Rail Issues in Brechin
14. COUNTY COUNCIL UPDATE
15. ANNOUNCEMENTS AND INQUIRIES – MEMBERS OF COUNCIL Deputy Mayor Gough raised concerns about discrepancies being found in the Environmental Services Department. CAO Pinsent confirmed that there is a report coming forward regarding this matter.
Councillor Snutch asked how cheques get written for something that has not been budgeted. There should be controls in place on cash being spent.
Councillor Hetherington asked to ensure that Lone Birch Trail is on the list for the review of lake accesses.
Deputy Mayor Gough asked about the status of acquiring of the drainage swale on Amilia Dr.
Councillor Johnson stated that there was a concert in Lagoon City, where a Band played from the dock and people attended via boat in Concord Pond. It was a great event.
Councillor Snutch asked when the report is coming forward regarding Library and Recreation Services.
Councillor Snutch asked what assurances can he provide to the residents regarding the problems at the lake access at Poplar Lane Crescent.
Mayor Clarke asked about the details of the 2020 Terry Fox Run.
Councillor Hetherington asked about the status of the gun range bylaw.
Mayor Clarke asked if we had heard anything back from the O.P.P. regarding the gun range video that was sent to them.
Councillor Johnson asked for an update on Short Term Accommodation Rental Licences.
Mayor Clarke raised concerns about people lining up outside of business in parking lots and the blocking of emergency exits and the health and welfare of those that are having difficulties doing so.
Mayor Clarke asked if their was any consideration with allowing the kite surfers back on to the beaches now that we have opened them up.
It was confirmed that the next two meetings, September 21st Committee of the Whole and the September 28th Council meetings will be held electronically.
Regular Council Minutes September 14, 2020 Page 5 of 7
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16. REQUESTS FOR REPORTS FROM COUNCIL MEMBERS Resolution Number CR.282.20 Moved by Joe Gough Seconded by Ted Lamb THAT staff prepare a report regarding the new regulations coming into effect in 2021 with respect to testing of fill prior to being removed. CARRIED.
17. NOTICES OF MOTION
18. QUESTION PERIOD FOR MEDIA AND PUBLIC DEALING WITH AGENDA ITEMS
19. BILLS AND BYLAWS 2020.53 Amend Fees and Charges Bylaw 2017.18 to provide for Shorewall Inspection Fees - Deferred to September 28, 2020.
2020.54 Authorize Agreement for Funding - COVID-Project H.O.P.E.
2020.55 Appoint EXP Services for Engineering Services
Resolution Number CR.283.20 Moved by Joe Gough Seconded by Gary Hetherington THAT we resolve into Committee of the Whole Closed Session at 11:03 a.m. CARRIED.
Resolution Number CR.284.20 Moved by Joe Gough Seconded by Gary Hetherington THAT we go into Closed Session at 11:03 a.m. to discuss a personal matter. CARRIED.
Resolution Number CR.285.20 Moved by Gary Hetherington Seconded by Kal Johnson THAT we rise and report from Closed Session and Committee of the Whole at 11:13 a.m. CARRIED. Resolution Number CR.286.20 Moved by Joe Gough Seconded by Jennifer Fisher THAT we discussed a personal matter. CARRIED.
Regular Council Minutes September 14, 2020 Page 6 of 7
Page 10 of 149 Agenda Item #4.1.
Resolution Number CR.287.20 Moved by Ted Lamb Seconded by Kal Johnson THAT Bills 2020.54 and 2020.55 be read a first, second and third time and finally passed as bylaws. CARRIED.
20. CONFIRMATION BYLAW Resolution Number CR.288.20 Moved by Ted Lamb Seconded by Kal Johnson THAT Bylaw 2020.71, a bylaw to confirm the proceedings of the Council meeting held on the 14th day of September 2020, be considered read a first, second and third time and finally passed. CARRIED.
21. ADJOURNMENT Resolution Number CR.289.20 Moved by Jennifer Fisher Seconded by Gary Hetherington THAT we now adjourn at 11:16 a.m. until September 28, 2020 at 9:30 a.m. CARRIED.
Basil Clarke, Mayor
Jennifer Connor, Clerk
Regular Council Minutes September 14, 2020 Page 7 of 7
Page 11 of 149 Agenda Item #7.1.
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Staff Report #BP-27-20
Meeting: Regular Council - 28 Sep 2020 Staff Contact: Deb McCabe, Planning Supervisor/Zoning Administrator Subject: ZONING BYLAW AMENDMENT FILE Z-4/20 PUBLIC MEETING 1811 Concession Road 10 Christopher Curran, owner and Joshua Morgan, Morgan Planning & Development Inc., agent
Suggested Motion THAT we receive Report BP-27-20 dated September 28, 2020 from Deb McCabe, Planning Supervisor/Zoning Administrator; AND THAT the required Statutory Public Meeting has been held pursuant to Section 34 of the Planning Act R.S.O. 1990, c.P.13. with no comments or concerns raised by Council, agencies or property owners within the required circulation area; AND THAT we adopt the Zoning Bylaw Amendment as presented.
Background & Discussion
On August 4, 2020, the Committee of Adjustment approved Consent File B-8/20, severing a surplus farm dwelling lot from the property described as the North Part of Lot 7, Concession 9, Mara. The intent of the severance of the surplus farm dwelling by the current owner, is to allow the consolidation of the retained parcel with the agricultural operations owned by Tofflemire Farms.
A condition of approval of the consent, is to apply for and obtain a Zoning Bylaw Amendment for the retained parcel to restrict future residential uses on the lands and recognize the reduced lot area of an agricultural parcel.
No comments or concerns were raised during the circulation process of either the consent application or zoning bylaw amendment application, including the County of Simcoe.
Section 2.3.4.1(c) 2. of the Provincial Policy Statement (PPS) relates to lot creation in ‘prime agricultural areas’ and prohibits new residential dwellings on any remnant parcel of farmland created by the severance. The proposed Zoning Bylaw Amendment is consistent with the intent of this policy.
Section 4.2.6.5 of A Place to Grow directs that agricultural uses be retained and that any non- agricultural uses be discouraged. The entirety of the agricultural lands have been incorporated within the subject property. The proposed Zoning Bylaw Amendment is consistent with the intent of this policy.
Page 12 of 149 Agenda Item #7.1.
Page 2 of 16 ZONING BYLAW AMENDMENT FILE Z-4/20 PUBLIC MEETING 1811 Concession Road 10 Christopher Curran, owner and Joshua Morgan, Morgan Planning & Development Inc., agent
Section 3.6.7 (c)ii of the County of Simcoe Official Plan is consistent with Section 2.3.4.1(c) 2. of the PPS and similarly prohibits new residential dwellings on any remnant parcel of farmland created by the severance. The proposed Zoning Bylaw Amendment is consistent with the intent of this policy.
The proposed Zoning Bylaw Amendment is consistent with the policies in the Township of Ramara Official Plan and does not offend the intent of the Township of Ramara Zoning Bylaw #2005.85.
Alternatives That the Zoning Bylaw Amendment not be adopted
Financial Information None presented
Strategic Priority Areas:
Do the recommendations of this report advance the Strategic Priority Areas of the Township?
☑ Yes ☐ No ☐ N/A
Which Priority Area(s) does this report support?
☐ Workforce that is skilled and motivated ☐ Community that is involved and engaged ☑ Operations and services that are defined, prioritized and sustained ☑ Growth is planned, promoted and fostered
Recommended Action: THAT Council approve Zoning Bylaw Amendment File Z-4/20; AND THAT a bylaw be adopted, having the effect of adding an exception to the current zoning of “Agriculture (AG)” in Zoning Bylaw #2005.85, prohibiting a residential use on the retained lands subject to the severance of a surplus farm dwelling, in conformity with the Provincial Policy Statement 2020, and also include a reduction in the minimum lot area of an agricultural parcel in the Zoning Bylaw Amendment request.
Page 13 of 149 Agenda Item #7.1.
Page 3 of 16 ZONING BYLAW AMENDMENT FILE Z-4/20 PUBLIC MEETING 1811 Concession Road 10 Christopher Curran, owner and Joshua Morgan, Morgan Planning & Development Inc., agent
Attachments: 1811 Concession Road 10 Location Map Notice of Public Meeting Z-4 (1811 Concession Road 10) Planning Justification Report_ZBA_1811 Conc. Rd. 10_Aug 2020 Notice of Decision B-8 (1811 Concession Road 10) Draft Bylaw (1811 Concession Road 10) J8 (for bylaw) J9 (for bylaw)
Reviewed By
Page 14 of 149 File Z-4/20 - 1811 Concession Road 10
. Agenda Item #7.1.
This map, either in whole or in part, may not be reproduced without the written Page 4 of 16 authority from © The Corporation of the County of Simcoe. 1:18,056 August 31, 2020 Page 15 of 149 This map is intended for personal use, has been produced using data from a variety of sources and may not be current or accurate. Produced (in part) under license from: © Her Majesty the Queen in Right of Canada, Department of Natural Resources: 0 0.4 0.8 1.6 km © Queens Printer, Ontario Ministry of Natural Resources: © Teranet Enterprises Inc. and its suppliers: © Members of the Ontario Geospatial Data Exchange. All rights reserved. THIS IS NOT A PLAN OF SURVEY. Agenda Item #7.1.
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NOTICE OF A COMPLETE APPLICATION AND PUBLIC MEETING CONCERNING A PROPOSED ZONING BYLAW AMENDMENT
TAKE NOTICE that the Corporation of the Township of Ramara received an application on August 31, 2020 and was considered a complete application on August 31, 2020,for a Zoning Bylaw Amendment for the land described as the North Part of Lot 7, Concession 9, Mara, known municipally as 1811 Concession Road 10.
TAKE NOTICE that the Council of The Corporation of the Township of Ramara will hold a virtual public meeting on MONDAY SEPTEMBER 28, 2020 @ 9:30 A.M. using the Zoom platform, to consider a proposed Zoning Bylaw Amendment, pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. The meeting will be posted to the Township’s You Tube Channel once completed. Please advise the Township of your email address so an invitation to join the public meeting can be sent to allow the public the opportunity to speak at the meeting.
THE PROPOSED site specific Zoning Bylaw Amendment will have the effect of adding an exception to the current zoning of “Agriculture (AG)” in Zoning Bylaw #2005.85, prohibiting a residential use on the retained lands subject to the severance of a surplus farm dwelling, in conformity with the Provincial Policy Statement 2020. A reduction in the minimum lot area of an agricultural parcel is also included in the Zoning Bylaw Amendment request.
ANY PERSON may make written representation either in support of, or in opposition to, the proposed Zoning Bylaw Amendment. Signed, written submissions will be accepted by the Clerk prior to the meeting. Written submissions can be sent electronically to [email protected], can be dropped in the mail drop box at the Township Administration Centre at 2297 Highway 12, Brechin or faxed to (705) 484-0441. Please ensure your name and address are included as required for the public record.
IF YOU WISH to be notified of the adoption of the proposed Zoning Bylaw Amendment, you must make a written request to the Clerk of the Township of Ramara, Box 130, Brechin, Ontario, L0K 1B0.
IF A PERSON or public body does not make written submissions to the Township of Ramara before the proposed Zoning Bylaw Amendment is adopted, the person or public body is not entitled to appeal the decision of the Council of the Township of Ramara to the Local Planning Appeal Tribunal (LPAT).
IF A PERSON or public body does not make written submissions to the Township of Ramara before the proposed zoning bylaw amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning AppealTribunal (LPAT) unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.
ADDITIONAL INFORMATION relating to the proposed Zoning Bylaw Amendment may be obtained, by contacting the Municipal Office between 9:00 a.m. and 4:30 p.m., (705) 484-5374, ext. 243
DATED AT THE TOWNSHIP OF RAMARA THIS 8th DAY OF September 2020 Jennifer Connor, Clerk Box 130, Brechin, Ontario LOK 1BO Telephone: (705) 484-5374 Email: [email protected] LOCATION MAP
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August 26, 2020 *Delivered by Hand
Township of Ramara
Attention: Deb McCabe, Planning Supervisor
Re: 1811 Concession Road 10, Township of Ramara Zoning Bylaw Amendment Planning Justification Report
1.0 Introduction
MORGAN Planning & Development Inc. (MP&D) was originally retained by Christopher Curran, the owner of 1811 Concession Road 10, to obtain a surplus farm dwelling severance which was approved by the Committee of Adjustment on August 4th. The application was approved with a condition requiring that the severed parcel be rezoned to a site specific Agricultural (A-##) Zone.
The primary purpose of the proposed A-## Zone is to prohibit the development of any dwellings on the property, thereby ensuring their continued use for strictly agricultural purposes. The secondary purpose of the proposed A-## Zone is to recognize the lot area of 39 hectares.
1.1 Purpose of the Planning Justification Report
The purpose of this Planning Justification Report is to describe the severed parcel of land, to explain the purpose of the Zoning Bylaw Amendment application and to provide an overview of the planning policies which apply to the application.
2.0 Location and Description of Land
The subject property is located on the south side of Concession Road 10, which is a municipally maintained road. The property is vacant agricultural land and has approximately 460 meters of frontage onto Concession Road 10 and a total area of approximately 39.1 hectares.
Note that the lot area and lot frontage calculations provided herein are not survey accurate, rather they are based upon the measurement tools provided by the County of Simcoe’s GIS mapping program.
MORGAN Planning & Development Inc. (705) 327-1873 / [email protected]
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Figure 1 – Aerial Location Map
2.1 Surrounding Uses
North: The property is bound to the north by Concession Road 10. The north side of Concession Road 10 is predominated by agricultural lands.
East: The property is bound to the east by agricultural lands.
South: The property is bound to the south by agricultural lands with frontage onto Concession Road 9.
West: The property is bound to the west by agricultural lands.
In general terms this area of the Township is predominated by agricultural land, with the odd rural residential lot.
MORGAN Planning & Development Inc. (705) 327-1873 / [email protected]
Page 18 of 149 Agenda Item #7.1.
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3.0 Official Plan and Zoning Review 3.1 Township of Ramara ‘Schedule A – Land Use Plan’
The entirety of the subject property is designated ‘Agriculture’ by the Township of Ramara Official Plan.
Agriculture Designation
3.2 County of Simcoe Official Plan (OMB Approved 2016)
The entire subject property is designated ‘Agriculture’ by Land Use Schedule 5.1 of the County of Simcoe Official Plan.
3.3 Township of Ramara Schedule “A” To By-Law 2005.85 Map J9
The entirety of the subject property is zoned Agriculture (AG).
Agriculture (AG) Zone
MORGAN Planning & Development Inc. (705) 327-1873 / [email protected]
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4.0 Overview of Proposed Zoning By-law Amendment
The Zoning By-law Amendment application submitted herein proposes to rezone the subject property from the Agricultural (AG) Zone to a site-specific Agricultural Exception (A-##) Zone.
The purpose of the proposed A-## Zone will be to prohibit the development of any dwellings on the subject property, therefore ensuring their continued use strictly for agricultural purposes.
Additionally, the A-## Zone proposes to add the following site-specific performance standard:
• To permit a Minimum lot area of 39 hectares; The intent of the minimum lot area provision for an agricultural use is to ensure that agricultural parcels are of a sufficient size to act as stand-alone agricultural operations. In this case, the subject property at approximately 39 hectares will be conveyed to a bona fide farmer who owns or leases nearly 40 agricultural parcels within the Township of Ramara. For this reason, it is clear that the conveyance of the entirety of the existing agricultural lands to a bona fide farmer will ensure that the intent of Zoning By-law has been maintained.
4.1 Zone Matrix
The following Zone Matrix lists each of the permitted uses and zoning provisions which apply to Agricultural use and a summary of how the proposed site-specific zone relates to these provisions:
ZONE MATRIX – 1811 Concession Road 10 Permitted Uses 7. (1) PROPOSED (ZBL #2005.85) site specific Agricultural (A-##) Zone o Agricultural use Proposed site specific Agricultural (A-##) o Farm Zone to prohibit use for residential o Detached dwelling purpose. o Temporary farm help suite in detached dwelling Accessory dwelling in detached dwelling o On farm business accessory to a permitted agricultural use o Garden suite accessory to a permitted agricultural use o Kennel accessory to a permitted agricultural use Home occupation including bed and breakfast establishment accessory to an
MORGAN Planning & Development Inc. (705) 327-1873 / [email protected]
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agricultural use Home occupation in an accessory building o Passive Recreation o Management of natural areas and natural resources for environmental management purposes o Uses accessory to a Permitted Use
Minimum lot area 40.0 ha Proposed site specific Agricultural (A-##) Zone to permit 39 ha lot area. Minimum lot frontage 100.0 m 460 metres (approx.) Minimum interior side yard 7.5 m Vacant land Minimum rear yard 15.0 m Vacant land
Section 7(2) of the Township of Ramara Zoning By-law provides direction regarding agricultural lots. The subject property is vacant agricultural land and is considered under this section of the Zoning By-law. The minimum lot area for an agricultural use is 40 hectares, whereas the proposed lot area of the subject property is approximately 39 hectares.
5.0 Planning Analysis for Zoning Bylaw Amendment Application
In formulating the land use planning opinion on this matter the following documents have been reviewed:
• Provincial Policy Statement (2020) • A Place to Grow: The Growth Plan for the Greater Golden Horseshoe (2019) • Simcoe County Official Plan (OMB Approved 2016) • The Township of Ramara Official Plan (2003)
It is the professional opinion of the undersigned that the proposed zoning bylaw amendment meets the intent and direction provided by the Provincial Policy Statement, the Growth Plan, and the County of Simcoe Official Plan. This opinion has been reached for the following reasons:
• Section 2.3.4.1(c) 2. of the Provincial Policy Statement (PPS) relates to lot creation in ‘prime agricultural areas’ and prohibits new residential dwellings on any remnant parcel of farmland created by the severance. The enclosed ZBA application is consistent with the intent of this policy. • Section 4.2.6.5 of A Place to Grow directs that agricultural uses be retained and that any non-agricultural uses be discouraged. The entirety of the agricultural lands have been incorporated within the subject property. The enclosed ZBA application is consistent with the intent of this policy.
MORGAN Planning & Development Inc. (705) 327-1873 / [email protected]
Page 21 of 149 Agenda Item #7.1.
Page 11 of 16 6
• Section 3.6.7 (c)ii of the County of Simcoe Official Plan is consistent with Section 2.3.4.1(c) 2. of the PPS and similarly prohibits new residential dwellings on any remnant parcel of farmland created by the severance. The enclosed ZBA application is consistent with the intent of this policy. • The primary purpose of the Township’s agricultural policies is to ensure that agricultural properties are protected in perpetuity. As stated in the preceding sections of this report, the purpose of the future A-## Zone will be to prohibit the development of any dwellings on the subject property, therefore ensuring their protection and continued use strictly for agricultural purposes
6.0 Concluding Remarks
The purpose of the Zoning Bylaw Amendment is to rezone the subject property to a site specific Agricultural (A-##) Zone. The purpose of the future A-## Zone will be to prohibit the development of any dwellings on the subject property, while recognizing the lot area of 39 hectares.
After reviewing the policy environment, it is the opinion of the undersigned that the enclosed zoning bylaw amendment application is appropriate, desirable, and represents good land use planning.
Respectfully submitted, MORGAN Planning & Development Inc.
Joshua Morgan, RPP
MORGAN Planning & Development Inc. (705) 327-1873 / [email protected]
Page 22 of 149 Agenda Item #7.1.
Page 12 of 16
CONSENT FILE B-8/20 COMMITTEE OF ADJUSTMENT NOTICE OF DECISION Statutory Authority: Section 53 of the Planning Act, 1990 as amended
PROPERTY: North Part of Lot 7, Concession 9, Mara – known municipally as 1811 Concession Road 10
Applications have been made by Christopher Curran, owner and Joshua Morgan, Morgan Planning and Development Inc., agent requesting consent to sever a surplus farm dwelling from an agricultural parcel known municipally as 1811 Concession Road 10. The parcel to be will have a frontage on Concession Road 10 of 70.00 m and will incorporate the house and three accessory structures within the 1.23 ha. parcel, and is subject to Minor Variance File A-11/20. The retained parcel will be comprised of 39.1 ha., to be consolidated with farm operations throughout the area. The retained parcel will also require a Zoning Bylaw Amendment, as a condition of approval, to prohibit residential uses.
RESOLUTION NO.:CA-28-2020 MOVED BY: Margaret Sharpe SECONDED BY: Mike Thompson THAT, having regard to the considerations set out in Section 51(24), of the PLANNING ACT, R.S.O. 1990, as amended, Consent File B-8/20, submitted by Christopher Curran, owner and Joshua Morgan, Morgan Planning and Development Inc., agent BE APPROVED, Subject to the following conditions:
1. Satisfying the requirements of the Township of Ramara, financial and otherwise, including the payment of outstanding taxes and a cash in lieu of parkland fee of $1000.00;
2. Provision of a registerable legal description on the parcel to be severed together with three (3) copies of the applicable reference plan.
3. The successful completion of Minor Variance File A-11/20;
4. That the applicant apply for and obtain a Zoning Bylaw Amendment for the retained lands subject to the farm consolidation, prohibiting their use for a residential purpose and for a reduction in lot area according Section 7(2)(a) of Zoning Bylaw #2005.85, to 39.1 ha. CARRIED
www.ramara.ca
Page 23 of 149 Agenda Item #7.1.
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The Decision of the Committee, or any of the conditions which may be imposed, may be appealed to the Local Planning Appeal Tribunal, within 20 days of the making of the Decision, by filing with the Secretary-Treasurer of the Committee at the address noted above, a Notice of Appeal, setting out the reasons for the appeal and accompanied by the fee of $300.00 per application, in the form of certified cheque or money order, payable to the Minister of Finance, as prescribed by the Ontario Municipal Board. An appellant form (A1) must also accompany the appeal, which is available on the OMB website at http://elto.gov.on.ca or at the municipal offices.
On an appeal to the Local Planning Appeal Tribunal, a hearing will be held, of which notice will be given to the applicant, the appellant, the Secretary-Treasurer of the Committee and to such other persons and in such manner as the LPAT may determine. If within such 20 days, no notice of appeal is given, the Decision of the Committee is final and binding, and the Secretary- Treasurer will notify the applicant and file a certified copy of the Decision with the Clerk of the Municipality.
The Committee of Adjustment may change the conditions of the provisional Consent upon receipt of a written request to do so.
THE DATE OF THE DECISION WAS: AUGUST 4, 2020
THE DATE OF THE GIVING OF THE NOTICE OF DECISION IS: AUGUST 4, 2020
THE LAST DATE FOR FILING AN APPEAL WILL BE: AUGUST 24, 2020
Deb McCabe, CPT, ACST Planning Supervisor/Zoning Administrator Secretary Treasurer, Committee of Adjustment
Page 24 of 149 Agenda Item #7.1.
Page 14 of 16
BILL NO. 2020.57
THE CORPORATION OF THE TOWNSHIP OF RAMARA BYLAW NUMBER 2020. A BYLAW TO AMEND ZONING BYLAW #2005.85 (1811 Concession Road 10)
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides for the enactment of zoning bylaws and amendments thereto;
AND WHEREAS the Council of the Corporation of the Township of Ramara deems it advisable to further amend Bylaw 2005.85 for the Township of Ramara as it relates to the Part of Lot 7, Concession 9, Mara, known municipally as 1811 Concession Road 10;
AND WHEREAS the provisions of this Bylaw conform to the Ramara Official Plan;
NOW THEREFORE, THE Council of the Corporation of the Township of Ramara enacts as follows:
1. That Schedule “A”, Maps J8 and J9, of Zoning Bylaw 2005.85 are hereby further amended by rezoning from “Agriculture (AG)” to “Agriculture Exception Six (AG-6)” of this Bylaw, prohibiting a residential use on the property and a minimum lot area of 39 ha.
2. That Schedule “A”, Maps J8 and J9 attached, does and shall form part of this Bylaw.
3. That this Bylaw shall come into force and take effect on the date of passing thereto, subject to the provisions of section 34 of the Planning Act, as amended.
BYLAW READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 28TH DAY OF SEPTEMBER 2020.
______Basil Clarke, Mayor
______Jennifer Connor, Clerk
Page 25 of 149 SCHEDULE "A" TO BYLAW #2020.
"AG" to "AG-6" Agenda Item#7.1. Page 15of16 Page 26 of149 SCHEDULE "A" TO BYLAW #2020.
"AG" to "AG-6" Agenda Item#7.1. Page 16of Page 27 of149 Agenda Item #8.1.
We the undersigned residence of Uptergrove Ontario Ward 3 would like to see the following changes to our speed limit and stops on our roads:
1. Speed limit from 50 km an hour to 40 km an hour 2. Three-way stop On Plumpoint and Fountain Drive 3. A four way stop for Plumpoint and concession Road 10
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Page 28 of 149 Agenda Item #8.1. - .-
We, the undersigned, are concerned about the speed ofmany drivers on Plum Point Road and feel that STOP signs installed at the comer ofPlum Point Road and Concession Road 10 would help to slow traffic travelling on Plum Point Road.
NAME
Page 29 of 149 Agenda Item #8.1.
We the undersigned residence of Uptergrove Ontario Ward 3 would like to see the following changes to our speed limit and stops on our roads:
1. Speed limit from 50 km an hour to 40 km an hour 2. Three-way stop On Plumpoint and Fountain Drive 3. A four way stop for Plum point and concession Road 10
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Page 30 of 149 Agenda Item #8.1.
We the undersigned residence of Uptergrove Ontario Ward 3 would like to see the following changes to our speed limit and stops on our roads:
1. Speed limit from 50 km an hour to 40 km an hour 2. Three-way stop On Plumpoint and Fountain Drive 3. A four way stop for Plumpoint and concession Road 10
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# We the undersigned residence of Uptergrove Ontario Ward 3 would like to see the following changes to our speed limit and stops on our roads:
1. Speed limit from 50 km an hour to 40 km an hour 2. Three-way stop On Plumpoint and Fountain Drive 3. A four way stop for Plumpoint and concession Road 10
NAME(Please Print)~ .. .. ~ ..- ADDRESS · SIGNATURE /(/),. ~oriJ :T PoN ~1RfrI{I Page 32 of 149 Agenda Item #8.1. We the undersigned residence of Uptergrove Ontario Ward 3 would like to see the following changes to our speed limit and stops on our roads: 1. Speed limit from 50 km an hour to 40 km an hour 2. Three-way stop On Plumpoint and Fountain Drive 3. A four way stop for Plumpoint and concession Road 10 NAME(Please Print) ADDRESS SIGNATURE -1 .. I Page 33 of 149 Agenda Item #8.1. We the undersigned residence of Uptergrove Ontario Ward 3 would like to see the following changes to our speed limit and stops on our roads: 1. Speed limit from 50 km an hour to 40 km an hour 2. Three-way stop On Plumpoint and Fountain Drive 3. A four way stop for Plumpoint and concession Road 10 NAME Please Print ADDRESS \ J ,r.,; .. ~- ,.' ~ -. . ' " t . , . / i Page 34 of 149 Agenda Item #8.1. We the undersigned residence of Uptergrove Ontario Ward 3 would like to see the following changes to our speed limit and stops on our roads: 1. Speed limit from 50 km an hour to 40 km an hour 2. Three-way stop On Plumpoint and Fountain Drive 3. A four way stop for Plumpoint and concession Road 10 NAME(Please Print) ADDRESS l\J\l'ft> ~d~r T C\Ct. ();\be/>\· ~a.c.~ c,.iw+- (Y\ ,~e_ \ \.t G-z-tW~ ~~ G'/lhir1 ~~SG . ~&PSG 4 Page 35 of 149 Agenda Item #8.2. Township of Ramara PO Box 130, 2297 Hwy 12 Brechin, ON LOK lBO Monday, June 29, 2020 RE: Install Stop Signs and Slow Traffic Down To Whom it May Concern, Many of the residents of Creighton St, Winchester St & Patricia Dr in the community of Atherley strongly urge the Township of Ramara to assist in slowing traffic down in the area. We suggest consideration be made for installing a 4 way stop at the intersection of Creighton St and Winchester St and a3 way stop at the intersection of Patricia Dr and Winchester St. These streets are heavily used with excess speeds at all times of the day causing great risk to the safety and welfare of all residents in the area. Sincerely, Page 36 of 149 Agenda Item #8.2. Install Stop Signs and Slow Traffic Down We, the undersigned residents of Creighton St, Winchester St & Patricia Dr in the community of Atherley strongly urge the Township of Ramara to install a 4 way stop at the intersection of Creighton St and Winchester St and a 3 way stop at the intersection of Patricia Dr and Winchester St. These streets are heavily used with excess speeds at all times of the day causing great risk to the safety and welfare of all residents in the area. NAME (SIGNATURE) ADDRESS EMA~L AGREE DISAGREE Page 37 of 149 Agenda Item #8.2. Install Stop Signs and Slow Traffic Down We, the undersigned residents of Creighton St, Winchester St & Patricia Dr in the community of Atherley strongly urge the Township of Ramara to install a 4 way stop at the intersection of Creighton St and Winchester St and a 3 way stop at the intersection of Patricia Dr and Winchester St. These streets are heavily used with excess speeds at all times of the day causing great risk to the safety and welfare of all residents in the area. NAME (SIGNATURE) ADDRESS EMAIL AGREE DISAGREE Page 38 of 149 Agenda Item #8.2. Install Stop Signs and Slow Traffic Down We, the undersigned residents of Creighton St, Winchester St & Patricia Dr in the community of Atherley strongly urge the Township of Ramara to install a 4 way stop at the intersection of Creighton St and Winchester St and a 3 way stop at the intersection of Patricia Dr and Winchester St. These streets are heavily used with excess speeds at all times of the day causing great risk to the safety and welfare of all residents in the area. NAME (SIGNATURE) ADDRESS EMAIL AGREE DISAGREE \ Page 39 of 149 Agenda Item #9.1. Cathy Wainman Subject: FW: AMO Policy Update – New Legislation, Regional Gathering Restrictions, Pre-Federal Throne Speech Submission From: AMO Communications AMO Update not displaying correctly? View the online version Add [email protected] to your safe list September 17, 2020 AMO Policy Update – New Legislation, Regional Gathering Restrictions, and Pre-Federal Throne Speech Submission Provincial Legislation Introduction Minister Steve Clark, Municipal Affairs and Housing, has introduced legislation that will, if passed, provide a residential rent freeze and extend suspension of commercial evictions for 2021 as well as change the future management of the municipal electors’ list. Although the actual legislation is not available at this time, we are able to provide the following details. Rent Freeze for Residential Tenants The Helping Tenants and Small Businesses Act would, if passed, freeze rent in 2021 over a one-year period for tenants of most rent-controlled and non-rent-controlled residential units. This includes municipally funded community housing rental units. Suspension of Commercial Evictions 1 Page 40 of 149 Agenda Item #9.1. The Bill, if passed, would change the Commercial Tenancies Act to extend the temporary ban on evictions for commercial tenants. The ban will prevent small businesses from being locked out or having their assets seized during COVID-19. Municipal Electors’ List Minister Clark also announced legislation to change the Municipal Elections Act and Elections Act to create one unified Electors' List for provincial and municipal elections which will be in place for 2024 and subsequent municipal elections. The Minister first announced the intention to move forward with a single list in October 2019. Challenges with the Electors' List for municipal elections have been identified for some time, making election campaigns and administration more difficult for candidates and municipal staff. The proposed changes should reduce duplication and efforts by municipal elections officials to verify information and improve the voting experience for the public. AMO will review the legislation once publicly available and will provide updates to members when required. Regional Gathering Restrictions and Increased Enforcement The Ontario government has amended order O. Reg 364/20: Rules for Areas in Stage 3 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, to set a new limit on the permitted number of people to attend social gatherings and organized public events in the Toronto, Ottawa, and Peel Region public health unit areas that have higher rates of transmission of COVID-19. This includes functions, parties, dinners, gatherings, BBQs, or wedding receptions held in private residences, backyards, parks, and other recreational areas. This amended order sets a new limit on the number of people allowed to attend an unmonitored social gathering or organized public event in three specific regions to: 10 people at an indoor event or gathering (previous limit of 50); or 25 people at an outdoor event or gathering (previous limit of 100). Additionally, to increase compliance with public health guidelines, both within these three regions and across Ontario, amendments to the Reopening Ontario (A Flexible Response to COVID-19) Act would, if passed, create: a new offence regarding hosting or organizing a gathering in residential premises or other prescribed premises that exceeds limits under an order a minimum fine of $10,000 for organizers of these gatherings authority for the Lieutenant Governor in Council to prescribe additional types of premises for the purpose of the new offence authority for a police officer, special constable, or First Nations constable to order the temporary closure of a premise where there are reasonable grounds 2 Page 41 of 149 Agenda Item #9.1. to believe that any gathering exceeding the number of people allowed is taking place and require individuals to leave the premises. Pre-Federal Throne Speech Submission With the Federal Throne Speech expected next Wednesday, September 23, AMO President, Graydon Smith, wrote to Prime Minister Trudeau and Minister Freeland yesterday, regarding “Supporting Communities: Driving Recovery in the Wake of COVID-19”. In navigating the COVID-19 environment, AMO recognizes that Ontario’s municipal governments can drive aspects of economic recovery and ongoing safety to ensure a path toward greater national prosperity. To that end, AMO is outlining policy priorities that align with the Federation of Canadian Municipalities (FCM). These priorities can lead to a fair, safe, and inclusive recovery for all Canadians. AMO’s COVID-19 Resources page is being updated continually so you can find critical information in one place. Please send any of your municipally related pandemic questions to [email protected]. *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Association of Municipalities of Ontario Please consider the environment 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 before printing this. Wish to Adjust your AMO Communication Preferences ? Click Here 3 Page 42 of 149 Agenda Item #9.1. Cathy Wainman Subject: FW: AMO Policy Update – Provincial Regional Gathering Restrictions, DC/CBC Regulations From: AMO Communications AMO Update not displaying correctly? View the online version Add [email protected] to your safe list September 21, 2020 AMO Policy Update – Provincial Regional Gathering Restrictions and DC/CBC Regulations Provincial Gathering Restrictions and Increased Enforcement On Saturday, September 19th, the Ontario government announced the limit reduction on the number of people permitted to attend unmonitored and private social gatherings for the entire province. Last Thursday, the Province put these restrictions on for Toronto, Peel Region, and Ottawa. This sets a new limit on the number of people allowed to attend an unmonitored social gathering or organized public event provincially to: 10 people at an indoor event or gathering (previous limit of 50); or 25 people at an outdoor event or gathering (previous limit of 100). As was the case under the Emergency Management and Civil Protection Act (EMCPA), all police officers, First Nations Constables, and special constables may enforce orders that have been continued in effect under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA). In addition, the following 1 Page 43 of 149 Agenda Item #9.1. enforcement personnel are designated to enforce orders that have been continued in effect under the ROA: all provincial offences officers designated by a minister of the Crown; all municipal law enforcement officers; all by-law enforcement officers of a municipality or local board of a municipality; all officers, employees, or agents of a municipality or local board of a municipality whose responsibilities include enforcement of by-laws, Acts, or regulations. Decision Notices – Regulations for Development Charges and Community Benefit Charges The Ministry of Municipal Affairs and Housing posted four decision notices on Friday (links are below). These are linked together for regulations on development charges (DC), community benefit charges (CBCs), and parkland dedication. These regulations were expected to be finalized following the passage of Bill 197 in July which outlined a new regime for development charges in Ontario. Notable items from the decision notices include: The in-force date of September 18, 2020 starts the two-year transition period for municipalities to implement a new framework. The percentage of land value that determines the maximum community benefit charge is 4%. This percentage decreased from the previous regime which was expected. The Ministry states that this percentage was determined based on extensive feedback during their consultation; however, additional analysis is required to determine how it works for municipalities. Several other key details set out in CBC and parkland regulation within the Planning Act include: o the percentage of land value that would determine the maximum community benefits charge payable o the timelines for land value appraisals where the CBC amount is disputed o the types of development that would be exempt from community benefits charges o the content requirements for a CBC strategy o the notice requirements for passing a CBC by-law and a parkland by-law o the interest rate for CBC and parkland refunds upon successful appeals to the Local Planning Appeal Tribunal (LPAT) o the reporting requirements related to community benefits and parkland. Municipalities are required to annually prepare reports to provide information about the amounts in the community benefits charges and parkland dedication special accounts. This includes opening and closing balances, transactions, capital acquired, and other items outlined within the regulation. 2 Page 44 of 149 Agenda Item #9.1. As municipal governments make the shift toward this new regime, AMO will monitor the progress and highlight any issues that arise during the transition period. For full information and access the full decision notices on the Environmental Registry, click below: ERO - 019-0184 - proposed changes to O. Reg. 82/98 under the Development Charges Act related to Schedule 3 of Bill 108 - More Homes, More Choice Act, 2019 ERO - 019-0183 - proposed new regulation pertaining to the community benefits authority under the Planning Act ERO - 019-1406 - proposed regulatory matters pertaining to community benefits authority under the Planning Act, the Development Charges Act, and the Building Code Act ERO - 019-0017 - Bill 108 - (Schedule 3) - the proposed More Homes, More Choice Act: Amendments to the Development Charges Act, 1997. AMO’s COVID-19 Resources page is being updated continually so you can find critical information in one place. Please send any of your municipally related pandemic questions to [email protected]. *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Association of Municipalities of Ontario Please consider the environment 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 before printing this. Wish to Adjust your AMO Communication Preferences ? Click Here 3 Page 45 of 149 Agenda Item #9.1. Cathy Wainman Subject: FW: AMO WatchFile - September 24, 2020 From: AMO Communications AMO WatchFile not displaying correctly? View the online version Add [email protected] to your safe list September 24, 2020 In This Issue - CMHC Housing Supply Challenge. - Space still available for AMO’s Land Use Planning training. - Energy reporting deadline: Only one week left! - Work Order Module now part of LAS Road Service. - Municipal Group Buying Program: Fall webinar series. - Investments 101 training available now. - Keeping Pace: Cyber Security in Ontario’s Public Sector. - Careers with Burlington, Ottawa, Richmond Hill, Greater Sudbury and McKellar. Federal Matters The Housing Supply Challenge looks to increase the creation of housing supply by asking Canadians to propose innovative solutions to long-standing barriers. With up to $300M in funding available over 5 years, the Challenge will run several rounds and fund a broad portfolio of solutions. The first round of the Challenge, data driven, is launching on October 20, 2020. Sign up for updates by visiting the Housing Supply Challenge web page. Eye on Events AMO’s Land Use Planning workshop offers municipal decision makers deep understanding of the principles and key elements of land use planning that inform implementing and managing the land use policy framework in Ontario. Register now! LAS The October 1 deadline to report your annual energy consumption is quickly 1 Page 46 of 149 Agenda Item #9.1. approaching. The BPS Reporting Portal is still open. Email [email protected] for any questions on reporting or O.Reg. 507/18. The LAS Road & Sidewalk Assessment Service is improving to serve you better! We’ve added a powerful work order module to help your municipality operate more efficiently. Check out this week’s blog post and join our webinar on October 6 to learn more about this exciting new tool. The Municipal Group Buying Program has expanded a lot since its launch last year. Check out our webinars in October and November to learn more. Upcoming topics include Playground Equipment, Life-Cycle Cost Analysis, Zamboni and more! ONE Investment Online Investments 101 training available till December, 2020. To register click here. Learn about fundamentals of investing and what it means for your municipality to invest under the Legal List and Prudent Investor Standard. For inquiries, contact [email protected]. Municipal Wire* On October 1, the Cyber Security Centre of Excellence is hosting a conference that will explore current and future cyber risks to the broader public sector. Hear addresses from experts and learn how to implement best practices and build stronger cyber security profiles that protect vital information and systems. Register for free. Careers Corporate Fleet Business Improvement Specialist - City of Burlington. Job No.: RPF- 123-20. Employment Status: Contract position - 8 months. Reports to: Manager, Fleet Services & Operations Centre. Posting Closing Date: October 1, 2020. To apply, please visit Burlington Career Opportunities and click on “View Jobs”. Please note that applications are only accepted online. Director, Payroll, Pensions & Benefits - City of Ottawa. Department: Finance Services. Position status: 1 Full Time Continuous. Competition Number: 2020-EX-EN- 53018972-01. Deadline: October 6, 2020. For more information and to apply, please visit the career site on the City of Ottawa website. Manager, Policy and Licensing - City of Richmond Hill. Posting ID: 525. Department: Community Services, Community Standards Division. Job Type: Full Time. Application Deadline: October 16, 2020. For more information and to apply online, please see Richmond Hill Employment. Director of Economic Development - City of Greater Sudbury. To learn more about this exciting opportunity, please visit Current Opportunities on our website. Please submit your résumé in confidence by Monday, October 19, 2020 at 4:30 p.m. by e-mail to: [email protected] or fax number: 705.688.3979. Any application received after this deadline will not be considered. Please reference the Employment Opportunity number EX20-451 on your resume. Chief Administrative Officer / Clerk - Township of McKellar. If you enjoy the outdoors, boating, swimming, fishing, hiking or just relaxing at the shore, come and immerse 2 Page 47 of 149 Agenda Item #9.1. yourself in the beauty of Majestic McKellar; a place to call home. For a detailed candidate profile and to explore this exciting opportunity in strict confidence, email [email protected] or call Tim Dobbie Consulting Ltd. at 905.637.0000.To submit resumes, email [email protected] by Wednesday, October 21st, 2020. Treasurer / Tax Collector - Township of McKellar. A 20 minute drive from the Town of Parry Sound, the Township of McKellar boasts 15 lakes and numerous rivers to beckon you back to nature and peaceful surroundings. For a detailed candidate profile and to explore this exciting opportunity in strict confidence, email [email protected] or call Tim Dobbie Consulting Ltd. at 905.637.0000. To submit resumes, email [email protected] by Wednesday, October 21st, 2020. About AMO AMO is a non-profit organization representing almost all of Ontario's 444 municipal governments. AMO supports strong and effective municipal government in Ontario and promotes the value of municipal government as a vital and essential component of Ontario's and Canada's political system. Follow @AMOPolicy on Twitter! AMO Contacts AMO Watch File Tel: 416.971.9856 Conferences/Events Policy and Funding Programs LAS Local Authority Services MEPCO Municipal Employer Pension Centre of Ontario ONE Investment Media Inquiries Tel: 416.729.5425 Municipal Wire, Career/Employment and Council Resolution Distributions *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Association of Municipalities of Ontario Please consider the environment 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 before printing this. To unsubscribe, please click here 3 Page 48 of 149 Agenda Item #9.2. September 15, 2020 The Honourable Stephen Lecce Minister of Education 22nd Floor, Mowat Block 900 Bay Street Toronto, ON M7A 1L2 Dear Minister Lecce, On behalf of the Board of Trustees for the Simcoe County District School Board (SCDSB), I would like to take this opportunity to bring forward concerns expressed by our school communities and my fellow Board of Trustees. While the SCDSB is appreciative of the recent capital announcements for our jurisdiction, significant accommodation challenges remain in many of our communities. The ever increasing residential growth has resulted in rapidly increasing school populations. When combined with insufficient capacity, the result is a longstanding issue of over-crowding in many of our public schools. In recent years, this has been exacerbated by delays in the Ministry’s capital priorities program, and now further complicated by the COVID-19 pandemic and the associated physical space needs and challenges that result. Some examples of the accommodation pressures our schools and students are facing include, but are not limited to: • elementary schools in the community of Angus (Township of Essa) are a combined 414 students over capacity (160% utilized) with 22 portables in use; • elementary schools in the community of Alcona (Town of Innisfil) are a combined 338 students over capacity (120% utilized) with 21 portables in use; • elementary schools in the community of Alliston (Town of New Tecumseth) are a combined 350 students over capacity (123% utilized) with 18 portables in use; • elementary schools serving west Orillia and the surrounding rural areas are a combined 254 students over capacity (129% utilized) with 15 portables in use and further restricted due to septic capacity; • elementary schools in south Barrie are a combined 287 students over capacity with 23 portables in use. New development in south Barrie is continuing and 4,450 residential occupancies are projected over the next 2-3 years; and, • significant facility condition pressures exist at Banting Memorial High School in Alliston. As noted, these examples are not exhaustive, and the continued residential growth and influx of new families into Simcoe County increases our accommodation pressures by the day. We respectfully request that the Ministry continue with capital priorities project funding submissions in a timely fashion, so that growth boards such as the SCDSB can effectively plan for and accommodate our students in safe learning environments. Page 1 of 2 Simcoe County District School Board - www.scdsb.on.ca - 1170 Hwy 26 - Midhurst, ON – L9X 1N6 - 705-728-7570 Page 49 of 149 Agenda Item #9.2. Another significant concern expressed by community and Board of Trustees is with regards to the criteria on which the Ministry of Education evaluates and approves capital priority business cases. Recent media announcements regarding new schools, including Shanty Bay, have highlighted the influence that both community members and elected officials have played in the decision making process by advocating directly to you. A perception currently exists that approvals are influenced by community and political advocacy more than the actual merits of the proposed projects. The SCDSB strongly supports the notion that criteria and evaluations should be transparent and based upon the relative needs of the school community. We believe this approach results in a stronger degree of trust in the overall process and is more fair and equitable for all of our students and communities. Thank you for your consideration and I would be pleased to discuss at your convenience. Sincerely, Jodi Lloyd Chairperson Simcoe County District School Board c: Doug Downey, MPP, Barrie, Springwater, Oro-Medonte Jill Dunlop, MPP, Simcoe North Andrea Khanjin, MPP, Barrie, Innisfil Jim Wilson, MPP, Simcoe Grey Hon. Caroline Mulroney, MPP, York-Simcoe Nancy Naylor, Deputy Minister of Education Board of Trustees, SCDSB Steve Blake, Director of Education, SCDSB John Dance, Associate Director, SCDSB Brian Jeffs, Superintendent of Business and Facility Services, SCDSB All Simcoe County Municipal Clerks Page 2 of 2 Simcoe County District School Board - www.scdsb.on.ca - 1170 Hwy 26 - Midhurst, ON – L9X 1N6 - 705-728-7570 Page 50 of 149 Agenda Item #9.3. I RECEIVED Sf:P Oq ZOZU TOWNSHIP OF RAMARA ~~ ()OC--t~, O/k ~ ~"- ( {[){\.~ c~cd \~ ;J ~ ~cl\UR ~ J',y,_ 0-~~ +60'r-- ~ ~ ('_'"': "--' c::_~VY\_ u ~0~ '-rf!jcP ~ ~ \y_"'--'VL ~\- ~\ IUS \\"-~ ~) V)'\~ ~&~\-'VR_ Page 51 of 149 Agenda Item #10.1. Committee of the Whole Report 11/20 Monday, September 21, 2020 - 9:30 AM Electronic Meeting via Zoom The Electronic Committee of the Whole meeting of the Township of Ramara was called to order on Monday, September 21, 2020, at 9:30 AM, with the following members present: PRESENT: Mayor Basil Clarke Councillor Ward 1 David Snutch Deputy Mayor Joe Gough Councillor Ward 3 Ted Lamb Councillor Ward 4 Gary Hetherington Councillor Ward 5 Kal Johnson Councillor Ward 2 Jennifer Fisher Chief Administrative Officer John Pinsent Director of Legislative and Community Services/Clerk Jennifer Connor Deputy Clerk Cathy Wainman Director of Finance/Treasurer Zach Drinkwalter Director of Infrastructure Kathy Sipos Director Fire & Rescue Services/Fire Chief Tony Stong Chief Building Official Leo Grellette Bylaw & Licensing Supervisor Jon Popple Planning Supervisor/Zoning Administrator Deb McCabe HR Coordinator/H&S Officer Brittany Wilson Business & Communication Coordinator Ashley Watson Executive Assistant to the CAO/Council Liaison Madison Dunn Resources Technician Dyana Marks CEO/Chief Librarian Janet Banfield SECTION “A” 1. OPENING OF THE MEETING 2. DISCLOSURE OF PECUNIARY INTEREST 3. DEPUTATIONS/PRESENTATIONS 3.1. Chris Loreto, Alicia Sinclair and Olivia Lahaie of Strategy Corp presented their findings with respect to the Service Delivery Review conducted over the past several months. The review focused primarily on Information Technology and Information Management; Fire and Rescue Services and Recreation and Library Serivces. The review identified 29 opportunities for improvement, 16 of Page 52 of 149 Agenda Item #10.1. which are already in the early stages of implementation and 13 to be built into future work plans. CW.176.20 THAT we receive the Service Delivery Review Final Report Presentation from Strategy Corp, as information. 4. PLANNING & DEVELOPMENT SERVICES – DEPUTY MAYOR GOUGH, LIAISON 4.1. John Pinsent, CAO, Ramara Township Official Plan Update and Strategic Direction 2021-2031. CW.177.20 THAT we receive the Ramara Township Official Plan Update and Strategic Direction 2021-2031, as information. 4.2. Industrial Park Update CW.178.20 THAT we receive the Industrial Park Overview update as information. 5. PROTECTIVE SERVICES – COUNCILLOR SNUTCH, LIAISON 5.2. Simcoe Muskoka District Health Unit release dated September 18, 2020 regarding Worrisome rise in COVID-19 cases a reminder to shrink social circles, gatherings. CW.180.20 THAT we receive the release from the Simcoe Muskoka Health Unit dated September 18, 2020 regarding Worrisome rise in COVID-19 cases. 6. TRANSPORTATION SERVICES – COUNCILLOR HETHERINGTON, LIAISON 6.1. Fern Resort Speed Limit and Signage CW.181.20 THAT Report WD-17-2020 regarding Fern Resort Speed Limit and Signage be received; AND THAT the speed bylaw be amended to reduce the speed limit of Fern Resort Road, from #4432 west to the lake, from 60 km/hr to 40 km/hr; AND THAT the speed bylaw be amended to reduce the speed limit of Prospect Street from 50 km to 40 km/hr; AND THAT an additional No Exit sign be installed west of Fern Resort. Committee of the Whole September 21, 2020 Page 2 of 6 Page 53 of 149 Agenda Item #10.1. 7. ADMINISTRATION/FINANCE/PERSONNEL – COUNCILLOR JOHNSON, LIAISON 7.1. Zach Drinkwalter, Director of Finance/Treasurer - Mid Year Financial Review CW.182.20 THAT we receive the presentation by Zach Drinkwalter, Treasurer regarding the Mid Year Financial Review, as information. 7.2. CAO memo dated September 17, 2020 regarding Video Conference System in Council Chamber. CW.183.20 THAT we receive the memo from the CAO dated September 17, 2020 regarding Video Conference System in Council Chamber, as information. 7.3. Electronic Participation – Bill 197, COVID-19 Economic Recovery Act, 2020 CW.184.20 THAT Staff Report CD-17-20, Electronic Participation – Bill 197, COVID-19 Economic Recovery Act, 2020 be received; AND THAT we amend Procedure By-law 2018-08 to allow for Electronic Meeting Participation as required by those necessary. 7.4. 2020 Council forward Calendar CW.185.20 THAT we receive the Council forward Calendar as information. 7.5 Council Appointments to Committees and Boards . CW.186.20 THAT we appoint/reappoint the following members to the following Boards and Committees for the balance of the term ending November 14, 2022: Committee/Board Current Appointees New Appointees Atherley Community Centre Board Lamb and Gough Lamb and Fisher of Management (2) Brechin and Beyond Committee (1) vacant Clarke as ex-officio Brechin Community Centre Board Hetherington and Hetherington and of Management (2) vacant vacant Clarke, Snutch and Clarke, Snutch and Committee of Revision (3) vacant Gough Economic Development Committee Clarke and Gough Clarke and Gough (1) Emergency Management Planning Mayor and Protective Mayor and Protective Committee (2) Services Liaison Services Liaison Committee of the Whole September 21, 2020 Page 3 of 6 Page 54 of 149 Agenda Item #10.1. Lagoon City Parks & Waterways Johnson and Snutch Johnson and Gough Commission (2) Longford Community Centre Board Snutch and Lamb Snutch and Lamb of Management (2) Hetherington and Hetherington and Mara Medical Centre Board (1) vacant vacant Community Policing Committee (1) Snutch Snutch Ramara Public Library Board (1 to Hetherington and Snutch, Hetherington 4) vacant and Fisher Ramara Trails Committee (1) Snutch Snutch Udney Community Centre Board of Gough and Gough and Management (2) Hetherington Hetherington Ramara Youth Action Council (1) Lamb Lamb Wall of Fame Committee (1) Lamb Lamb Ramara Chamber of Commerce (1) Johnson Johnson Orillia Chamber of Commerce (1) Gough Gough Lake Simcoe Region Conservation Gough Gough Authority (1) Ontario's Lake Country (1) vacant Gough County Council Alternate vacant Johnson Orillia & Area Physician Recruitment & Retention vacant vacant Committee CW.187.20 THAT we allow the meeting to proceed beyond the hour of adjournment of 1:30 p.m. 7.6. Draft Indemnification Bylaw CW.188.20 THAT we receive the correspondence and draft Indemnification Bylaw from John Ewart dated September 17, 2020; AND THAT the draft bylaw be presented to Council for adoption. Unfinished or New Business CW.189.20 THAT staff prepare a report regarding charging filling fees with respect to Code of Conduct, Municipal Conflict of Interest or Freedom of Information Requests. 8. CULTURE & RECREATION SERVICES – COUNCILLOR LAMB, LIAISON Committee of the Whole September 21, 2020 Page 4 of 6 Page 55 of 149 Agenda Item #10.1. 9. ENVIRONMENTAL SERVICES – COUNCILLOR FISHER, LIAISON 9.1. Regulation of Water Supply CW.190.20 THAT we receive Report ES-05-20 regarding the regulation of water supply in the Township of Ramara AND THAT Bill 2020.56, Proposed Water Use Bylaw be presented to Council for adoption. 9.2. Bayshore Village Sewage Works (Effluent Spray Irrigation) CW.191.20 THAT we receive report ES-06-20 regarding the Bayshore Village Sewage Works as information; AND THAT we request an update from the Ministry of Environment, Conservation and Parks when the government will do the 10-year review of the Lake Simcoe Protection Plan; AND THAT we request a meeting with Minister Yurek and MPP Jill Dunlop prior to the review. 10. CLOSED SESSION Mayor Clarke added a tax sale property matter to closed session. CW.192.20 THAT we go into Closed Session at 2:37 p.m. to discuss Solicitor-Client privilege, negotiations and personal matters in accordance with Section 239(2) of the Municipal Act. CW.193.20 THAT we rise and report from Closed Session at 3:05 p.m. 10.1. LCPW Commission - solicitor/client privilege matter in accordance with Section 239(2) of the Municipal Act. CW.194.20 THAT we receive and discussed the correspondence dated September 18, 2020 from John Ewart, Township Solicitor regarding the LCPW Commission. 10.4. CW.195.20 THAT we discussed a property matter regarding tax sales. 10.2. Chippewas of Rama First Nation correspondence dated September 15,2020 regarding joint Council meeting. CW.196.20 THAT we receive the correspondence from Ted Williams, Chief of the Chippewas of Rama First Nation, regarding joint Council meeting; AND THAT we defer this to the next Council meeting. Committee of the Whole September 21, 2020 Page 5 of 6 Page 56 of 149 Agenda Item #10.1. 10.3. Personal Matter in accordance with Section 239(2) of the Municipal Act. CW.197.20 THAT we discussed a personal matter. SECTION “B” 5.1. Appointment of Members to the Appeals Tribunal CW.179.20 THAT we receive Report CD-20-20 regarding Appointment of Members to the Appeals Tribunal; AND THAT we advertise for members of the Appeals Tribunal. 11. ADJOURNMENT CW.198.20 THAT we adjourn at 3:08 p.m. CARRIED. Committee of the Whole September 21, 2020 Page 6 of 6 Page 57 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes Wednesday, April 22, 2020 - 1:00 PM Zoom Meeting, Ramara Administration Centre MEMBERS PRESENT: Audrey Lee, Accounts Receivable/Utilities Coordinator, Erica Loutskou, Bylaw Enforcement Officer, Jennifer Connor, Director of Legislative and Community Services/Clerk, and Dave Readman, Director, Environmental Services MEMBERS ABSENT: 1 OPENING OF THE MEETING i) Brittany Wilson opened the meeting at 1:33pm ii) Motion to Appoint new committee members Audrey Lee, worker member Erica Loutskou, worker member Darlanne Bohdan, secretary Jennifer Connor, Administration management member Dave Readman, Environmental Services management member iii) Motion to nominate Erica Loutskou as worker member Co-Chair HS.19.2020 Moved by Dave Readman, seconded by Audrey Lee THAT we appoint Erica Loutskou as worker member Co-Chair CARRIED. iv) Motion to Nominate Jennifer Connor as management member Co-Chair HS.20.2020 Page 58 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes April 22, 2020 Moved by Dave Readman, seconded by Erica Loutskou THAT we appoint Jennifer Connor as management member Co-Chair. CARRIED. 2 ADOPTION OF MINUTES i) Minutes of the meeting held on December 9, 2019 HS.21.2020 Moved by Jennifer Connor, seconded by Audrey Lee THAT the JHSC review the minutes dated December 9, 2019; AND THAT the minutes be approved and distributed to council and the CAO. CARRIED. ii) Special Meeting Feb 5, 2020 minutes HS.22.2020 Moved by Jennifer Connor, seconded by Audrey Lee Motion to defer the review and adoption of these minutes until the next JHSC meeting on June 11, 2020. CARRIED. 3 ACCIDENTS AND INVESTIGATIONS i) Vehicle/Equipment Accidents. HS.23.2020 Moved by Audrey Lee, seconded by Jennifer Connor THAT we receive the above reports as information; AND THAT all departments be reminded to use proper reporting procedures; AND THAT we insist on pictures being provided to the JHSC with each report where there is vehicle damage, property damage, or personal injury. CARRIED. 4 COMMUNICATIONS i) Unsafe Work Refusal Page 2 of 5 Page 59 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes April 22, 2020 HS.24.2020 Moved by Jennifer Connor, seconded by Audrey Lee THAT we receive both Unsafe Work Refusals as information and file them appropriately. CARRIED. ii) Infectious Disease Policy HS.25.2020 Moved by Audrey Lee, seconded by Jennifer Connor THAT we receive the Infectious Disease Policy as information; AND THAT we forward to council for Approval. CARRIED. 5 TAILGATE MEETINGS i) Municipal Works & Environmental Services. HS.26.2020 Moved by Erica Loutskou, seconded by Jennifer Connor THAT we receive the Tailgate meeting documents as information and file them appropriately. CARRIED. 6 MUNICIPAL INSPECTIONS i) Fire Services. HS.27.2020 Moved by Erica Loutskou, seconded by Jennifer Connor THAT we remind all departments to submit inspections to the JHSC each month. CARRIED. Page 3 of 5 Page 60 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes April 22, 2020 ii) J.H.S.C. Inspection Deficiencies List. HS.28.2020 Moved by Audrey Lee, seconded by Jennifer Connor THAT we receive the deficiency list as information and remind appropriate persons to reinspect as outlined. CARRIED. iii) Works Inspections HS.29.2020 Moved by Audrey Lee, seconded by Jennifer Connor THAT we receive works inspections as information and file appropriately. CARRIED. 7 UNFINISHED OR NEW BUSINESS i) Tailgate Meetings HS.30.2020 Moved by Audrey Lee, seconded by Jennifer Connor THAT we discuss ways to facilitate regular tailgate meetings if the pandemic is still an impact at the next meeting. CARRIED. ii) Brechin Library Sump Pump HS.31.2020 Moved by Erica Loutskou, seconded by Jennifer Connor THAT we request Dan to monitor the library and it's sump pump. CARRIED. 8 ADJOURNMENT i) Erica Motioned to Adjourn Page 4 of 5 Page 61 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes April 22, 2020 HS.32.2020 Moved by Erica Loutskou, seconded by Jennifer Connor JHSC Adjourned at 2:28pm CARRIED. Page 5 of 5 Page 62 of 149 Agenda Item #10.2. DocuSign Envelope ID: 6FDD0A01-785B-446F-89FA-FC49A655EA65 Joint Health & Safety Committee Minutes Wednesday, May 27, 2020 - 1:00 PM Zoom Meeting , Ramara Administration Centre MEMBERS PRESENT: Madison Dunn, Executive Assistant to the CAO/Council Liaison, Ryan Detlor, Heavy Equipment Operator, Brittany Wilson, HR Coordinator/H&S Officer, Audrey Lee, Accounts Receivable/Utilities Coordinator, Dave Readman, Director, Environmental Services, Erica Loutskou, Bylaw Enforcement Officer, Jennifer Connor, Director of Legislative and Community Services/Clerk, Tony Stong, Director Fire & Rescue Services/Fire Chief, and Kyle Readman, W/WW Operator 1 MEMBERS ABSENT: Darlanne Bohdan, Payroll Administrator/Tax Collector 1 OPENING OF THE MEETING a) Jennifer Connor opened the meeting at 1:06 p.m. 2 ADOPTION OF MINUTES a) Adoption of April 22, 2020 Meeting Minutes. HS.33.2020 Moved by Audrey Lee, seconded by Dave Readman THAT the JHSC review the minutes dated April 22, 2020; AND THAT the minutes be approved and distributed to Council and the CAO. CARRIED. 3 ACCIDENTS AND INVESTIGATIONS a) Vehicle/Equipment Accidents. b) Personal Injury. c) Near Miss. Page 63 of 149 Agenda Item #10.2. DocuSign Envelope ID: 6FDD0A01-785B-446F-89FA-FC49A655EA65 Joint Health & Safety Committee Minutes May 27, 2020 4 COMMUNICATIONS a) COVID-19 Communication HS.34.2020 Moved by Tony Stong, seconded by Audrey Lee That we forward the temporary Health and Safety policies to Council for approval; AND THAT we notify all staff of the policies and framework when approved by Council CARRIED. 5 TAILGATE MEETINGS a) Municipal Works & Environmental Services. b) Administration Building. HS.35.2020 Staff have been assigned WHMIS 2015 training and it is being completed. CARRIED. 6 MUNICIPAL INSPECTIONS a) Fire Services. b) J.H.S.C. Inspection Deficiencies List. HS.36.2020 Moved by Audrey Lee, seconded by Tony Stong THAT Brittany contact Maintenance and advise he is to check the defib when doing maintenance inspections. AND THAT we receive the Administration and Municipal Works building inspections. CARRIED. 7 SOP/SOG REVIEW 8 UNFINISHED OR NEW BUSINESS Page 2 of 3 Page 64 of 149 Agenda Item #10.2. DocuSign Envelope ID: 6FDD0A01-785B-446F-89FA-FC49A655EA65 Joint Health & Safety Committee Minutes May 27, 2020 a) HS.37.2020 Moved by Audrey Lee, seconded by Dave Readman THAT we allow 3 staff in the lunch room at a time to maintain physical distancing; AND THAT Audrey Lee arrange tables and put tape on the floor to ensure staff are aware of the physical distancing protocol. CARRIED. 9 ADJOURNMENT a) Joint Health and Safety Committee adjourn at 1:45 p.m. 7/27/2020 Erica Loutskou, JHSC Co-Chair 7/27/2020 Jennifer Connor, JHSC Co- Chair Page 3 of 3 Page 65 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes Tuesday, July 14, 2020 - 11:00 AM Zoom Meeting, Ramara Administration Centre MEMBERS PRESENT: Ryan Detlor, Heavy Equipment Operator, Brittany Wilson, HR Coordinator/H&S Officer, Erica Loutskou, Bylaw Enforcement Officer, Jennifer Connor, Director of Legislative and Community Services/Clerk, and Darlanne Bohdan, Payroll Administrator/Tax Collector MEMBERS ABSENT: Audrey Lee, Accounts Receivable/Utilities Coordinator, Tony Stong, Director Fire & Rescue Services/Fire Chief, Kyle Readman, W/WW Operator 1, and Kathy Sipos, Director of Infrastructure Page 1) OPENING OF THE MEETING a) Erica opened the meeting at 11:03am b) Motion to appoint Kathy-Jo Sipos to replace Dave Readman as a management member. HS.38.2020 Moved by Erica Loutskou, seconded by Jennifer Connor THAT we appoint Kathy-Jo Sipos as a management member on the JHSC. CARRIED. 2) ADOPTION OF MINUTES a) Adoption of Minutes Dated May 27, 2020 HS.39.2020 Moved by Erica Loutskou, seconded by Jennifer Connor THAT the JHSC review the minutes dated May 27, 2020; AND THAT Page 66 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes July 14, 2020 the minutes be approved and distributed to council and the CAO. CARRIED. 3) ACCIDENTS AND INVESTIGATIONS a) Vehicle/Equipment Accidents. b) Personal Injury. c) Near Miss. 4) COMMUNICATIONS a) WHMIS Training has been sent out to all staff in HRDownloads to complete in 2020. HS.40.2020 Moved by Erica Loutskou, seconded by Jennifer Connor THAT we continue to monitor completion of this project; AND THAT Brittany ensures all staff are in compliance before the end of 2020. CARRIED. 5) TAILGATE MEETINGS a) Municipal Works & Environmental Services. b) Administration Building. 6) MUNICIPAL INSPECTIONS a) Fire Services. b) J.H.S.C. Inspection Deficiencies List. HS.41.2020 Moved by Erica Loutskou, seconded by Jennifer Connor THAT Brittany will contact Kathy-Jo to determine who will be inspecting the areas that the Environmental department was previously responsible for; AND THAT we obtain copies of the inspections going forward CARRIED. 7) SOP/SOG REVIEW Page 2 of 15 Page 67 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes July 14, 2020 a) Review Policy 17 - Respect in the Workplace - Harassment & Violence HS.42.2020 Moved by Erica Loutskou, seconded by Jennifer Connor THAT we receive as information; AND THAT Brittany speaks to the CAO regarding appointments of members to the respect committee; AND THAT the policy is reviewed and updated as needed, and signed by the CAO. CARRIED. 8) UNFINISHED OR NEW BUSINESS a) COVID-19 Risk Assessment HS.43.2020 Moved by Jennifer Connor, seconded by Erica Loutskou THAT we receive these templates as information; AND THAT the Human Resource Coordinator/Health and Safety Officer will schedule the inspections CARRIED. b) Mask Update 5 - 7 HS.44.2020 Moved by Jennifer Connor, seconded by Erica Loutskou THAT we add this policy to the minutes; AND THAT we implement immediately; AND THAT we forward these temporary policies to council for review, being subject to change once council has reviewed. CARRIED. RHS Policy Face Masks as PPE c) Active vs Passive Screening Update 8 - 13 HS.45.2020 Moved by Jennifer Connor, seconded by Erica Loutskou THAT we add this policy to the minutes; AND THAT we implement Page 3 of 15 Page 68 of 149 Agenda Item #10.2. Joint Health & Safety Committee Minutes July 14, 2020 immediately; AND THAT we forward these temporary policies to council for review, being subject to change once council has reviewed. CARRIED. RHS Policy 22 Self Screening RHS Policy 21 Cleaning and Disinfecting Practices d) Building Inspection Policy 14 - 15 RHS Policy 24 Interior Inspections During COVID-19 - updated 9) ADJOURNMENT a) Joint health and safety meeting adjourned at 11:48 a.m. Erica Loutskou, JHSC Co-Chair Jennifer Connor, JHSC Co- Chair Page 4 of 15 Page 69 of 149 Agenda Item #10.2. Revised: July 14, 2020 Description: Mask and Eye Protection RHS Policy #19 Requirements Supersedes: N/A Scope: All Departments Page 1 of 2 Effective Date: 06/02/20 Council Approval: June 1, 2020 JHSC Approval: May 27, 2020 I. Purpose: The purpose of this policy is to ensure the proper knowledge and training are provided to all staff to assist in the prevention of the spread of COVID-19 coronavirus, and to keep staff up to date on current practices being implemented by the various levels of government. Effective Monday, July 13, 2020 anyone in a public interior space will need to wear a mask/face covering. Please note, employees who work in a building where they are not in contact with the public, or who have a physical barrier, such as plexiglas between them and the public, will not be required to wear a mask/face covering or eye protection. However if staff have a planned interaction with their fellow employees, visitors, contractors or the public where physical distancing (separation of 6ft) is not feasible to maintain, staff will be required to don a surgical style mask and eye protection. Eye protection may be in the form of goggles or a face shield. II. Scope: This document outlines best practice procedures by the World Health Organization (WHO) and Public Health Ontario for the safe Donning and Doffing of a surgical style mask in a non- medical environment. Used face masks contain the droplets and secretions of the wearer and also protect the wearer from droplets, splashes, or sprays from landing in their mouth and nose. Therefore, they are to be considered contaminated following each use, and must be safely removed, and disposed of properly. Definitions: A. Staff: This relates to any individual employed by the Township of Ramara, whom may be conducting services, taking actions or consultation on behalf of the corporation. B. Interior: This refers to any part of the building that is not outdoors and that is open to the public. C: Planned Interaction: A pre-planned interaction with a fellow employee, visitor, contractor or member of the public where you will be working/corresponding within 6ft of each other. An example would be when two employees are taking the same vehicle to a job site. D: Surgical/Medical Style Mask: A single-use filtration device made of fabric and worn over the nose and mouth of the wearer. It is designed to prevent infections in the wearer and those 1 Page 5 of 15 Page 70 of 149 Agenda Item #10.2. around them by catching bacteria shed in liquid droplets and aerosols from the wearer's mouth and nose. III. Procedures Donning of a Mask 1) Perform Hand Hygiene 2) Inspect the mask for tears or holes 3) Find the top side where the metal piece or stiff edge is 4) Ensure the coloured side faces outward. 5) Place the metal piece or stiff edge over your nose 6) Cover your nose, mouth, and chin 7) Adjust the mask to your face without leaving gaps on the sides 8) Avoid touching the mask Doffing of a Mask PLEASE NOTE: The front of the mask is now considered CONTAMINATED and should not be touched. 1) Remove the mask from behind the ears or head 2) Keep the mask away from you and surfaces with removing it 3) Discard the mask immediately after use in to a garbage bin 4) Preform hand hygiene after discarding the mask Donning of a Face Shield 1) Perform Hand Hygiene 2) Inspect the mask for tears or holes 3) Find the top side where the metal piece or stiff edge is 4) Ensure the coloured side faces outward. 5) Place the metal piece or stiff edge over your nose 6) Cover your nose, mouth, and chin 2 Page 6 of 15 Page 71 of 149 Agenda Item #10.2. 7) Adjust the mask to your face without leaving gaps on the sides 8) Avoid touching the mask Doffing of a Face Shield PLEASE NOTE: The front of the face shield is now considered CONTAMINATED and should not be touched. 1) Remove the mask from behind the ears or head 2) Keep the mask away from you and surfaces with removing it 3) Discard the mask immediately after use in to a garbage bin 4) Preform hand hygiene after discarding the mask Duration of Policy This Policy is a temporary measure. In addition, the Township of Ramara reserves the right to modify any and all of the Policy terms and procedures, including the elimination or addition of requirements, as guidelines change. 3 Page 7 of 15 Page 72 of 149 Agenda Item #10.2. Revised: N/A Description: Self Screening Process RHS Policy #22 Supersedes: N/A Scope: All Departments Page 1 of 2 Effective Date: 06/02/20 Council Approval: June 1, 2020 JHSC Approval: May 27, 2020 I. Purpose: COVID-19 coronavirus is highly contagious and implementing social distancing practices is essential to prevent its spread. Accordingly: During the current COVID-19 pandemic, no persons will be permitted to enter or remain at a Township work site or facility unless and until they review the self-screening information posted on all township facility doors prior to entering and complete the self- screening survey. II. Scope: The requirement to undergo self-screening under this Policy applies not just to Township of Ramara employees but all persons seeking entrance to Township facilities, including but not limited to contract workers, couriers, clients, customers and visitors. No person will be exempt from self-screening and self-screening will be required prior to any and all entry and not waived for any occasion. Those wishing to avoid undergoing self-screening may do so by staying away and not seeking to enter the facility. III. Procedures: All employees and external parties will review the self-screening document attached to all township facility entrance doors and will complete the self-screening document (Appendix K) prior to entering any Township facility and prior to completing any work for the Township, where an employee or Township equipment/property is being used. Any employee who enters a township facility after completing the self-screening process is therefore indicating that they are NOT presenting any of the symptoms associated with COVID-19. Admittance Criteria No person who answers has a POSITIVE result on the self-screening tool/process will be permitted to enter a Township building or complete township work that may compromise our employees. Privacy Protections In recognition of entrants’ privacy rights and that the information collected under the Sections above this information is the minimum necessary to accomplish the social distancing and health 1 Page 8 of 15 Page 73 of 149 Agenda Item #10.2. and safety purpose of self-screening, the Township will neither request nor seek to collect any further medical information of any kind during the self-screening process. Pre-Screening Records Retention The Township of Ramara will not retain the self-screening records of: Entrants who do not pass self-screening but are not employees of the Township of Ramara. DURATION OF POLICY This Policy is a temporary measure. In addition, the Township of Ramara reserves the right to modify any and all of the Policy terms and procedures, including the elimination or addition of requirements, as guidelines change. 2 Page 9 of 15 Page 74 of 149 Agenda Item #10.2. Revised: N/A Description: Cleaning & Disinfecting RHS Policy #21 Practices Supersedes: N/A Scope: All Departments Page 1 of 2 Effective Date: 06/02/20 Council Approval: June 1, 2020 JHSC Approval: May 27, 2020 I. Purpose: All staff using cleaning products should be trained in proper cleaning and disinfecting. II. Definitions: Disinfection Definition – the process of cleaning something with chemicals in order to destroy bacteria, viruses and biological agents. Hard (Non-porous) Surfaces - For disinfection, most common disinfectants should be effective. Follow the manufacturer’s instructions for all cleaning and disinfection products for concentration, application method and contact time, etc. and the Safety Data Sheet (SDS). Electronics For electronics such as tablets, touch screens, keyboards, and debit machines, remove visible soiling if present. Follow the manufacturer’s instructions for all cleaning and disinfection products. If no manufacturer guidance is available, consider the use of alcohol-based wipes or sprays containing at least 70% alcohol to disinfect touch screens. Dry surfaces thoroughly to avoid pooling of liquids. III. Personal Protective Equipment (PPE) and Hand Hygiene: The risk of exposure to cleaning staff is inherently low. Cleaning staff should wear appropriate PPE for all tasks in the cleaning process, including handling trash if indicated. Gloves should be compatible with the disinfectant products being used Additional PPE might be required based on the cleaning/disinfectant products being used and whether there is a risk of splash, i.e. eye protection PPE should be removed carefully to avoid contamination of the wearer and the surrounding area. Be sure to wash hands after removing PPE. Gloves should be removed after cleaning a room or area occupied by an ill individual. Wash hands immediately after gloves are removed. Cleaning staff should immediately report breaches in PPE such as a tear in gloves or any other potential exposures to their supervisor. 1 Page 10 of 15 Page 75 of 149 Agenda Item #10.2. Cleaning staff and others should clean hands often, including immediately after removing gloves, by washing hands with soap and water for 20 seconds. If soap and water are not available and hands are not visibly dirty, an alcohol-based hand sanitizer that contains at least 70% alcohol may be used. However, if hands are visibly dirty, always wash hands with soap and water. III. Procedures Lunchroom and Kitchenettes Post hand washing posters in all lunchrooms Provide antibacterial wipes at each table and at counter areas Employees to use antibacterial wipes to sanitize counters, refrigerator handles, microwave keypads, coffee makers, etc. before use Daily check for antibacterial soap, hand sanitizer and antibacterial wipes replenishment Entrance/Reception Area Post Social Distancing posters Daily check for hand sanitizer Wipe down surface touchpoints, includes badge readers/scanners, counters, doorknobs, public computer, light switches, etc. Common Hallways/Entrances Wipe down surface touchpoints, includes badge readers/scanners, doorknobs, light switches, etc. Access Points Post Social Distancing posters at all access points Post screening posters at all access points Active screening must be completed prior to entry in to all municipal buildings Daily check for hand sanitizer replenishment Wipe down surface touchpoints, includes badge readers/scanners, doorknobs, light switches, etc. 2 Page 11 of 15 Page 76 of 149 Agenda Item #10.2. Copy Rooms, Photocopiers and Printers Provide antibacterial wipes for cleaning of hard surfaces All employees to use antibacterial wipes to sanitize copiers, counters, etc. before use Daily check for hand sanitizer and antibacterial wipes replenishment Workstations Provide antibacterial wipes to all staff for intermittent cleaning Employees are required to clean own workspace (desktop, keyboard, telephone, chair arms, etc.) at least three times daily Meeting rooms (including Council Chambers) Post social distancing posters in all board/meeting rooms Post room limit posters in all board/meeting rooms Provide antibacterial wipes in all board/meeting rooms Room users are required to clean hard surface areas (tabletop, telephone, chair arms, etc.) before and after use Daily check for hand sanitizer and antibacterial wipes replenishment Washrooms Post hand washing posters Always clean top to bottom Clean from dry to wet Work towards the exit door Practice universal precautions when cleaning any blood or body fluids, or soiled materials that could contain these or other potentially infectious substances Empty all trash receptacles and feminine hygiene disposal unit. Remove contents and replace liners. Never compress the trash and always be careful of sharp objects. Disinfect and clean as per normal procedures: floors, sinks and countertops, mirrors and glass surfaces, urinals, toilets. Refill soap and toilet paper dispensers 3 Page 12 of 15 Page 77 of 149 Agenda Item #10.2. Follow normal cleanup procedures for cleaning equipment IV. Schedule The Building Maintenance Coordinator will report to the office once per day to do a thorough cleaning of the office and all high touch surfaces. The rest of the cleaning through out the day will be completed by the office users as required. The office if also cleaned in the evening by a hired cleaning company. All meeting rooms, Council Chambers and the Kitchen will have a cleaning checklist and sign off sheet in them for staff to complete after each cleaning. DURATION OF POLICY This Policy is a temporary measure. In addition, the Township of Ramara reserves the right to modify any and all of the Policy terms and procedures, including the elimination or addition of requirements, as guidelines change. 4 Page 13 of 15 Page 78 of 149 Agenda Item #10.2. Revised: July 12, 2020 Description: Interior Building RHS Policy #24 Inspections During COVID-19 Supersedes: Scope: Building Department Page 1 of 2 Effective Date: Council Approval: JHSC Approval: July 14, 2020 I. Purpose: To standardize inspection procedures of the interior spaces of occupied buildings to minimize risks and protect inspectors from the possibility of being exposed to illness. II. Scope & Responsibilities: This procedure applies to all Building Division inspections staff who are responsible to or have occasion to enter the interior space of occupied buildings to carry out inspections and investigations. III. Procedures 1. Upon arrival to the property, the inspector shall advise the representative of these procedures and obtain their verbal agreement to comply. 2. The building must be vacant at time of inspection except that one representative of the permit holder/owner may accompany the inspector while maintaining acceptable physical distancing. 3. The inspector will evaluate the inspection environment to determine the suitability to maintain a safe workplace and shall mitigate any assessed risk by use of personal protective equipment. 4. Any identified unsafe condition shall be documented and communicated to the office. 5. The inspector shall wear a well-fitting, non-surgical mask that completely covers from the nose to the chin if accompanied by a representative. 6. Disposable gloves must be worn during the inspection. 7. Physical distancing requiring 6 ft separation shall be practiced at all times by the inspector and the representative if possible. 8. The permit holder’s copy of approved permit drawings and documents must be made available by the representative. Township permit drawings shall not be used on site. 1 Page 14 of 15 Page 79 of 149 Agenda Item #10.2. 9. Upon returning to the Township vehicle, the vehicle and all equipment shall be wiped down with Township-provided disinfectant, gloves shall be removed, properly disposed of and hands shall be sanitized immediately. Gloves shall not be reused. 10.Where the inspector determines that a representative is not adhering to these procedures, the inspector may stop the inspection, issue the appropriate inspection report and invoice the permit holder/owner for the required re-inspection. DURATION OF POLICY This Policy is a temporary measure. In addition, the Township of Ramara reserves the right to modify any and all of the Policy terms and procedures, including the elimination or addition of requirements, as guidelines change. 2 Page 15 of 15 Page 80 of 149 Agenda Item #10.3. Lagoon City Parks and Waterways Commission Minutes Thursday, September 10, 2020 - 9:30 AM Electronic Meeting via Zoom The Electronic Lagoon City Parks and Waterways Commission (L.C.P.W.C.) meeting was called to order on Thursday, September 10, 2020, at 9:30 AM, with the following members present: PRESENT: Committee Member Todd Billinger Commissioner Bob Poyntz Commissioner Rob Para Councillor Ward 5 Kal Johnson Councillor Ward 1 David Snutch Township Engineer John Johnston ABSENT: ALSO PRESENT: Deputy Clerk Cathy Wainman Director of Finance/Treasurer Zach Drinkwalter Director of Infrastructure Kathy Sipos Executive Assistant to the CAO/Council Liaison Madison Dunn Business & Communication Coordinator Ashley Watson 1. OPENING OF THE MEETING 2. ADOPTION OF AGENDA AND/OR AGENDA ADDITIONS 2.1. PW.110.20 Moved by Bob Poyntz Seconded by Kal Johnson THAT we adopt the Lagoon City Parks & Waterways Agenda dated September 10, 2020, as presented. CARRIED. 3. DISCLOSURE OF PECUNIARY INTEREST 3.1. Councillor Snutch declared a pecuniary interest with respect to Item 10.1 regarding the Shorewall Bylaw, the nature being he is still awaiting clarification on whether or not he has a conflict. Councillor Snutch did not participate in the discussion nor did he vote on the matter. 4. PRESENTATIONS, RECEIVING OF PETITIONS AND DEPUTATIONS Page 81 of 149 Agenda Item #10.3. 5. ADOPTION OF MINUTES 5.1. Minutes of the meeting held on August 13, 2020 PW.111.20 Moved by Bob Poyntz Seconded by Rob Para THAT we adopt the Lagoon City Parks & Waterways minutes dated August 13, 2020, as presented. CARRIED. 7. ITEMS OF INFORMATION 7.1. Tatham Engineering report dated September 9, 2020 regarding the North Footbridge Abutment repairs. PW.112.20 Moved by Rob Para Seconded by Bob Poyntz THAT we receive the tender report from Tatham Engineering dated September 9, 2020 regarding the North Footbridge Abutment Repairs; AND THAT we reject all the tenders; AND THAT we defer the project to budget 2021. CARRIED. 7.2. Tatham Engineering report dated September 9, 2020 regarding Shorewall Repairs PW.113.20 Moved by Rob Para Seconded by Bob Poyntz THAT we receive the tender report from Tatham Engineering dated September 9, 2020 regarding the Shorewall Repairs; AND THAT we accept the tender from 2608558 Ontario Limited o/a A2Z Civil, subject to a budget amendment. CARRIED. 6. ACCOUNTS & BUDGETS 6.1. Accounts Voucher #2020-09 dated September 10, 2020 PW.114.20 Moved by David Snutch Seconded by Kal Johnson THAT we approve the Accounts Voucher 2020-09 dated September 10, 2020 as presented. CARRIED. Lagoon City Parks and Waterways Commission Minutes September 10, 2020 Page 2 of 4 Page 82 of 149 Agenda Item #10.3. 6.2. Draft Proposed 2021 Budget and Reserve Transfer Forecast PW.115.20 Moved by Kal Johnson Seconded by David Snutch THAT we discussed the 2021 Proposed Budget and the Reserve Transfer Forecast. CARRIED. 8. UNFINISHED OR NEW BUSINESS We briefly discussed the manual that Commissioner Poyntz is working on. More detail was requested regarding the lands that the Commission is responsible for. We briefly discussed an Eco-Harvester that pulls weeds by the root and sucks them out. It was asked that this be added to the next agenda. Councillor Snutch advised, after speaking with Jill Dunlop, MPP, that we are bound by the Province regarding the start times for harvesting operations. Currently, we cannot start harvesting or weed spraying prior to July 1st. Councillor Snutch was asked to investigate an exemption to start sooner. 8.1 Follow-Up List dated September 10, 2020 PW.116.20 Moved by Rob Para Seconded by Bob Poyntz THAT we receive the September 10, 2020 Follow-Up List as presented. CARRIED. 9. QUESTION PERIOD FOR MEDIA AND PUBLIC DEALING WITH AGENDA ITEMS Georgi Jennings asked how wood behind a shorewall can be replace with more wood and questioned the use of pressure treated wood. 10. CLOSED SESSION Councillor Johnson added a potential litigation matter to Closed Session. PW.117.20 Moved by Rob Para Seconded by Bob Poyntz THAT we go into Closed Session at 12:15 p.m. to discuss a litigation matter and a potential litigation matter in accordance with Section 239(2) of the Municipal Act. CARRIED. Lagoon City Parks and Waterways Commission Minutes September 10, 2020 Page 3 of 4 Page 83 of 149 Agenda Item #10.3. PW.118.20 Moved by Kal Johnson Seconded by Rob Para THAT we came out of Closed Session at 12:26 p.m. CARRIED. 10.1. Loopstra Nixon correspondence dated August 13, 2020 regarding Shorewall Bylaws 2017.25 and 2020.16 - Litigation Matter in accordance with Section 239(2) of the Municipal Act. PW.119.20 Moved by Kal Johnson Seconded by Bob Poyntz THAT we receive the correspondence from Loopstra Nixon dated August 13, 2020 regarding Shorewall Bylaws 2017.25 and 2020.16 as information. CARRIED. 11. ADJOURNMENT 11.1. PW.120.20 Moved by Bob Poyntz Seconded by Rob Para THAT we adjourn at 12:27 a.m. until October 8, 2020 CARRIED. Lagoon City Parks and Waterways Commission Minutes September 10, 2020 Page 4 of 4 Page 84 of 149 Agenda Item #11.1. Page 1 of 2 Staff Report #CD-22-20 Meeting: Regular Council - 28 Sep 2020 Staff Contact: Cathy Wainman, Deputy Clerk Subject: Electronic Meetings and Time Change Suggested Motion THAT we continue with electronic meetings using zoom until the end of the Year 2020; AND THAT we provide notice to change the time of Council meetings from 7:00 p.m. to 9:30 a.m. Background & Discussion Council agreed to the use of electronic meetings and changed the time of Council meeting to 9:30 a.m. until the end of September 2020. In light of the recent announcements by the Premier and the Simcoe Muskoka District Health Unit to reduce indoor gatherings to 10 or less, it is prudent that we continue with electronic meetings via zoom for Council and Committee meetings until the end of the year. Also, with the delay in acquiring the required camera equipment of 8 to 10 weeks, and the time required to set up and conduct proper testing of the equipment, commencing in-person meetings in the new year is practical, provided the protocols of the pandemic allows for indoor gatherings at that time. Alternatives If restrictions are lifted and equipment is installed and tested, we may commence in-person meetings prior to the end of the year. Financial Information There are no additional costs to continue with electronic meetings in the current manner. Strategic Priority Areas: Do the recommendations of this report advance the Strategic Priority Areas of the Township? ☑ Yes ☐ No ☐ N/A Which Priority Area(s) does this report support? ☐ Workforce that is skilled and motivated ☑ Community that is involved and engaged ☐ Operations and services that are defined, prioritized and sustained Page 85 of 149 Agenda Item #11.1. Page 2 of 2 Electronic Meetings and Time Change ☐ Growth is planned, promoted and fostered Recommended Action: That we continue with electronic meetings and change the Council meeting times to 9:30 a.m. until the end of 2020. Reviewed By Jennifer Connor, Director of Legislative and Approved Community Services/Clerk - 23 Sep 2020 John Pinsent, Chief Administrative Officer Approved - 23 Sep 2020 Page 86 of 149 Agenda Item #14.1. COMMITTEE OF THE WHOLE - SEPTEMBER 8, 2020 COUNCIL - SEPTEMBER 22, 2020 Redeployment and Recruitment Planning and Social Work Support Since the beginning of the pandemic, Long-Term Care and Seniors Services (LTCSS) has depended upon additional staffing made up of redeployed staff from across the County of Simcoe’s divisions – almost 100 staff working in non-essential service roles have been redeployed to support urgent needs in LTCSS. With the gradual phased reopening, plans are underway to return these redeployed staff to their permanent/home roles, staff have developed a number of strategies that will enable the continuation of enhanced protocols needed to ensure the continued safety of LTCSS residents and staff from COVID-19, while addressing the social, physical and emotional challenges related to the pandemic. This week, Council voted to fund the recruitment of one full-time Social Worker, as well as additional temporary Home Services Assistants (39 full-time positions and 13 part-time positions) that will allow for the gradual return of redeployed staff covering roles created by COVID-19, ensure increased safety and support protocols are met, address labour challenges and enable the ongoing training and development for a needed PSW workforce for the future. These roles are posted on www.simcoe.ca. County Forest Growth, Investment & Protection Policy The County of Simcoe owns and operates the largest municipal forestry network in Ontario. At 33,000 acres spanning more than 150 properties, Simcoe County Forests provide a wealth of recreational opportunities for local residents, including more than 750 kilometres of trails. In addition, timber sales from our sustainably managed forests are reinvested into forestry for reforestation projects, planting and property acquisitions that all enhance our green and growing network. With the Simcoe County Forest approaching the 100-year milestone, a review and evaluation of key practices is warranted. The County Forest ‘Acquisition Principles’ and ‘Reforestation Reserve’ have been critical elements of continued growth and success, however both have been in place for nearly 25 years. This week, Council voted in favour of a more comprehensive and updated Policy and ‘County Forest Reserve Fund’, which will provide for improved clarity and transparency and comply with regulations requiring municipalities to maintain policies that protect and enhance tree canopies and natural vegetation. September 20 - 26 is NATIONAL FORES T WEEK #NationalForestWeek Page 87 of 149 Agenda Item #14.1. Oro-Medonte Medical Innovation Park MZO The Oro-Medonte Medical Innovation Park is the next phase of a new employment development in Oro- Medonte, with the focus of bringing economic development and jobs to the Township and County. Adjacent to the Oro Station Automotive Innovation Park and across Line 7 from the Lake Simcoe Regional Airport, the project will focus on non-automotive industrial use with an emphasis on medical and personal protective equipment (PPE). This week, County Council voted to support a Ministerial Zoning Order request for the Medical Innovation Park, to bolster our regional manufacturing capabilities within our borders and help to support our healthcare industry. This project aims to reduce reliance on imported PPE, which is an objective of the Federal and Provincial governments. This MZO request to expedite the Oro-Medonte Medical Innovation Park will require approval from the Province. The Narcotics, Substance Use, and Community Safety Well-Being Initiative In collaboration with Statistics Canada and the Simcoe Muskoka Opioid Strategy Group (SMOS), the County of Simcoe Paramedic Services has been asked to provide paramedic call information data to contribute to the understanding of primary risk factors of populations at risk of drug overdose. This week, Council voted for County of Simcoe Paramedic Services and other County support areas to participate in the Narcotics, Substance Use, and Community Safety Well-Being Initiative, subject to appropriate privacy impact assessments. THE NEXT COUNCIL AND COMMITTEE OF THE WHOLE MEETING IS SCHEDULED FOR OCTOBER 13, 2020 Special Council Meeting – September 8, 2020 The County of Simcoe Governance Committee presented recommendations to modify Council composition from 32 to 16 members and consider the creation of directly elected sub-regional County Councillors under a conceptual structure. Council defeated the recommendation and passed a motion directing the Governance Committee to review and explore options that would allow for a full-time Warden and Deputy Warden. Text: Municipal and media George Cornell, Warden Service Simcoe reproduction permission Communications and Events granted. Mark Aitken, Chief Administrative Officer Logos, wordmarks, [email protected] identifiers, non-stock The County Clerk’s Dept. maintains the official record for all photographic images: 705-726-9300 Extension 1773 County government proceedings. This publication is intended to © 2020 The Corporation of the County of Simcoe identify highlights of Committee and Council meetings. Page 88 of 149 Agenda Item #2020.52 BILL 2020.52 THE CORPORATION OF THE TOWNSHIP OF RAMARA BYLAW NO. 2020. BEING A BYLAW TO AMEND BYLAW NO. 2018.08 A BYLAW GOVERNING THE CALLING, PLACE AND PROCEEDINGS OF MEETINGS (ELECTRONIC PARTICIPATION) WHEREAS the Municipal Act, S.O. 2001, Chapter 25, Section 238.(2), provides that every municipality shall pass a Procedure Bylaw for governing the calling, place and proceedings of Council; AND WHEREAS Bill 187, the Municipal Emergency Act, 2020, was passed by the legislature on March 19, 2020, which grants Municipal Council, Local Boards and Committees with discretionary authority to participate in public and closed session meetings via electronic means where a State of Emergency has been declared under Sections 4 of 7.0.1 of the Emergency Management and Civil Protection Act if deemed permitted by Municipal Council; AND WHEREAS, the Minister of Municipal Affairs has put forward Bill 197, COVID 19 Economic Recovery Act, 2020 to permit the authority for Council to continue electronic council, local board and committee meetings; AND WHEREAS, Council is committed to providing transparent and accountable meetings while ensuring the health and safety of its members, staff and the public; AND WHEREAS, Council of the Township of Ramara is desirous of exercising its authority to amend the Procedure Bylaw to include such provisions to permit electronic participation by members of Council, Local Boards and Committees. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RAMARA HEREBY ENACTS AS FOLLOWS: 1. That Section 12.7 of Procedure Bylaw 2018.08, as amended be repealed and replaced with the following: “12.7 Special / Emergency Meetings a) That the Mayor or a majority of Council members may at any time call a special or emergency meeting of Council with 24 hours’ notice. Page 89 of 149 Agenda Item #2020.52 b) That notice shall be given on the website and social media, or whichever means is available during an emergency. c) That the call of a special or emergency meeting, the Clerk shall compose an agenda to indicate the nature of the business to be considered at the meeting including the time, date and place of the meeting. d) That all special or emergency meetings of Council shall be held at the Municipal Office, unless an alternative location or electronic meeting is specified in the agenda. e) That the only business to be dealt with at a special or emergency meeting is that which is listed on the agenda. 12.7.1 Electronic Meeting Participation a) All regular, special, emergency and closed session meetings will be held in person in the Council Chambers unless an alternate location is specified; b) Notwithstanding 12.7.1a) members may participate electronically in a meeting to the extent and in the manner set out in this Bylaw: i) Health and safety restrictions as determined the CAO and/or Clerk in consultation with the Mayor and/or Emergency Management Committee; ii) Restrictions or guidelines set out by the Simcoe Muskoka Health Unit, the Ontario Provincial Police or the Province of Ontario. c) In accordance with Section 12.7.1b), a member of Council, local board or committee, consultants, contracted employees/agents and staff may participate fully in a meeting by electronic means (via teleconference or video conference). This applies to regular, special, emergency and closed sessions of council and meetings of local boards and committees; d) Electronic participation shall mean participation by teleconference or video conference and shall apply to consultants, contracted employees/agents and staff at all times if necessary; e) Electronic participation by members of Council, Local Boards and Committees shall count towards quorum in accordance with section 238(3.3)(a) of the Municipal Act, 2001, as amended. f) Members of Council, Local Boards and Committees shall be permitted to participate electronically in a meeting that is open or closed to the public in accordance with section 238(3.3)(b) of the Municipal Act, 2001, as amended. Page 90 of 149 Agenda Item #2020.52 g) Votes cast by members of Council, Local Boards and Committees electronically shall be counted towards the overall decision. h) In the case that members of Council participate electronically in closed sessions, all members must attest to the fact that they recognize they will be in a closed session and are able to ensure confidentiality. i) In the event of technical failure during the meeting, Council, local board or committee may take a recess to allow staff to reinstate the electronic participation. If a member can no longer participate by electronic means, it will not affect the validity of the meeting or decisions made unless quorum is lost. j) Meetings will be livestreamed to allow for public participation and viewing. 2. THAT all other respects Bylaw 2018.08, as amended, shall remain in force and effect. 3. THAT this Bylaw come into force and effect on the date of passing. BYLAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED AS A BYLAW THIS 28TH DAY OF SEPTEMBER 2020. BASIL CLARKE, MAYOR JENNIFER CONNOR, CLERK Page 91 of 149 Agenda Item #2020.53 BILL NO. 2020.53 THE CORPORATION OF THE TOWNSHIP OF RAMARA BYLAW NO. 2020. BEING A BYLAW TO AMEND FEES OR CHARGES BYLAW 2017.18 WHEREAS Section 391 of the Municipal Act, 2001, authorizes a municipality to impose fees or charges on persons, (a) for services or activities provided or done by or on behalf of it; (b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and (c) for the use of its property including property under its control. 2006, c. 32, Sched. A, s. 163 (1). AND WHEREAS Council passed Bylaw 2017.18 on March 27, 2017 to impose fees or charges for the Township of Ramara; AND WHEREAS it is the desire of Council to further amend Schedule “A” of Bylaw 2017.18 to include fees related to inspections required under the Shorewall Bylaw; AND WHEREAS it is the desire of Council to remove the sale of Blue Boxes and Green Bins from Schedule “A” of Bylaw 2017.18, as they are now offered for sale by the County of Simcoe. AND WHEREAS it is also the desire of Council to further amend Schedule “E” of Bylaw 2017.18 to reflect changes to the water and sewer operations in the Township of Ramara; NOW THEREFORE, the Council of the Township of Ramara hereby enacts as follows: 1. THAT Schedule “A” of Bylaw 2017.18 be replaced with the attached Schedule “A”; 2. THAT Schedule “E” of Bylaw 2017.18 be replace with the attached Schedule “E”; 3. THAT this Bylaw shall come into force and take effect on the date of passing. BYLAW READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 28TH DAY OF SEPTEMBER 2020. BASIL CLARKE, MAYOR JENNIFER CONNOR, CLERK Page 92 of 149 Agenda Item #2020.53 SCHEDULE "A" GENERAL FEES SERVICE/ITEM FEE UNIT MEASURE PAYMENT DUE Design Criteria & Drawings 100.00 each in advance Official Plan Township of Ramara OP 62.00 each in advance Amendment 15.00 each in advance Zoning Bylaw Township of Ramara ZB 78.00 each in advance Amendments 5.00 each in advance Township Maps 26"x28" 11.00 each in advance Official Plan Map 16.00 each in advance Ward Map 16.00 each in advance Fire Dept Road Atlas black and white 16.00 each in advance colour 42.00 each in advance Consultant Prepared Reports/Studies 1 - 20 pages 11.00 each in advance 21 - 40 pages 21.00 each in advance 41 - 60 pages 31.00 each in advance 61 - 80 pages 42.00 each in advance 81 - 100 pages 52.00 each in advance over 100 pages 78.00 each in advance Blue Box Blue boxes and green bins are new free now offered for sale by the replacement with damaged box returned free County at the transfer station additional 5.46 each in advance on County Road 169 Green Bin new free replacement when damaged bin returned free additional 15.00 Compliance Letters building & zoning 60.00 each property in advance septic 30.00 each property in advance subdivision 60.00 each property in advance site plan 30.00 each property in advance tax certificates 40.00 each property in advance Fax Machine Public Use Local call 1.00 per page in advance long distance 2.00 first page in advance 1.00 each additional page in advance Township lapel pins 2.50 each in advance Photocopies 0.38 each page in advance NSF Cheque 45.00 each return posted to account Amended by 2019.65 Tax Sale Administration Fees 300.00 each property at time of registration Duplicate Tax Receipt 10.00 each in advance Tax History Searches (info no longer on 25.00 each year in advance computer Page 93 of 149 Agenda Item #2020.53 SCHEDULE "A" GENERAL FEES SERVICE/ITEM FEE UNIT MEASURE PAYMENT DUE Swearing Affidavits 20.00 each document in advance File Searches (upon request in writing) 7.80 for each 15 minutes in advance Election Mailing Lists Preliminary List of Electors 26.00 each diskette in advance Mailing List of Voters for area wide candidates - 355.00 each diskette in advance electronic Mailing List of voters for individual wards - 460.00 each diskette in advance electronic Refunds for mailing lists in electronic format in proportional to number excess of one purchase of lists sold Encroachment Agreements Refundable deposit for legal fees 1,100.00 each agreement in advance Annual fee for duration of agreement 100.00 annually January 1 each year Fence Viewing initial meeting 200.00 each meeting in advance each subsequent meeting 170.00 each meeting immediately following provision of service Pound Keeper Attendance 65.00 plus costs each call immediately folloiwng provision of service Canine Impound Fees Boarding Fees - 1st impound in year 20.00 per day/per dog in advance Boarding Fees - 2nd and subsequent impounds 25.00 per day/per dog in advance in same year Quarantine Dog 30.00 per day/per dog in advance Hygiene Required 20.00 each dog in advance Adoption - with vacinations 150.00 each dog in advance Adoption - without vacinations 75.00 each dog in advance Surrender of Dog 50.00 plus all each dog in advance outstanding fees Impound Fee 30.00 each dog in advance Transportation Fee 10.00 each dog in advance Veterinary Care - when necessary Actual cost of each dog in advance veterinary services LCPW Wristbands Residents of Lagoon City (must pay levy) are Free 4 for each household in advance entitled to 4 wristbands per household Replacement fee upon return of broken or Free each in advance damaged wristband Replacement fee for lost or stolen wristbands 20.00 each in advance Lagoon City Shorewalls Permit for repair or replacement $75 each property in advance Appeals under the Shorewall Bylaw $1,000 each property in advance Bylaw 2020.58 Successful appeals will be refunded 50% of the fee Infrastructure Department Inspection Fee $50 each property, each in advance Bylaw 2020. inspection Page 94 of 149 Agenda Item #2020.53 SCHEDULE "A" GENERAL FEES SERVICE/ITEM FEE UNIT MEASURE PAYMENT DUE Inspection Fee by Township Engineer Cost Recovery each property, each in advance Bylaw 2020. inspection Cemetery Rates Aministration Fee 200 Admin Fee in advance single plot (includes 40% perpetual care fee as required) 1,050 single plot in advance cremation plot (includes 40% perpetual care fee as required) 900 cremation plot in advance Bird Scare Tape 8.00 per roll in advance Added by Bylaw 2018.27 Page 95 of 149 Agenda Item #2020.53 SCHEDULE "E" ENVIRONMENTAL FEES SERVICE/ITEM FEE UNIT MEASURE PAYMENT DUE Turn Water off or on 50 each bill to water account increased from $25 Request for Ownerhsip Change/or Final Meter Reading 50 each billed on final billing of (upon sale of property) seller Water meter repairs $110/hr plus the Per Hour - one hour billed to water account 2019 New cost of parts minimum Bylaw 2020 increase from $60.00/hr After hours request for water shut-off or turn-on 180 Per Hour - one hour billed to water account Increased from $150/hr service minimum Watering permit (for 9 consecutive days) 25 per single detached in advance residential lot or each lot within a condominium block for each 90 feet of frontage Brechin Water Tower - pay station coin (1 coin provides 4 each in advance increased from $3 1 cubic meter) Use of Septage Receiving Facility 120 per 1000 gallons in advance increased from $90 Pre-sale sump discharge inspections and re-inspections 50 each property in advance increased from $30 Winter Meter Removal & Storage 130 for removal and re-install bill to water account increased from 50 Request for water consumption check 50 per visit after 1st initial Bill to water account Increased from $25. visit Renamed from Extra Visits to Properties for Water & Sewer. Water meter for new development - Residential 723.44 each in advance Bylaw 2020. Water meter for new development - Multi Cost Recovery each in advance Bylaw 2020. Res/Commercial Water meter relocation 300 each Billed to water account Bylaw 2020. Water meter no read (Owner negligence) 65 plus cost of per visit Billed to water account Bylaw 2020. parts Disconnect existing water service 138 each in advance Bylaw 2020. Disconnect existing sanitary sewer service 138 each in advance Bylaw 2020. Water meter repairs 110/hr plus cost of hourly Billed to water account Bylaw 2020 parts Source Water Protection Initial and second review of a risk management no charge plan Third review of a risk management plan 60 per hour Prepare risk management plan 60 per hour Initial inspection required as a result of a risk no charge management plan Re-inspection required as a result of a default of 160 per inspection non-compliance Properties in non-compliance of the legislative 160 plus all staff per inspection requirements (refuse to prepare a risk and legal costs management plan Compliance letter 60 each Page 96 of 149 Agenda Item #2020.56 BILL NO. 2020.56 THE CORPORATION OF THE TOWNSHIP OF RAMARA BYLAW NUMBER 2020. BEING A BYLAW TO PROVIDE FOR THE REGULATION OF WATER SUPPLY IN THE TOWNSHIP OF RAMARA WHEREAS under Section 11 of the Ontario Municipal Act, a municipality may pass Bylaws respecting matters within the sphere of jurisdiction of Public Utilities, which includes a system that is used to provide water services for the public; AND WHERAS section 9(1) of the Ontario Municipal Act provides that section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues; NOW THEREFORE the Council of the Corporation of the Township of Ramara enacts as follows: SHORT TITLE WATER USE BYLAW BYLAW INDEX 1 DEFINITIONS ...... 4 2 APPLICATION OF THE BYLAW ...... 7 3 ADMINISTRATION OF BYLAW ...... 8 3.1 Waterworks System Construction, Operation and Maintenance ...... 8 3.2 Conditions on Water Supply ...... 8 3.3 Water Rates and Charges Responsibilities ...... 9 3.4 Bylaw Administration and Enforcement ...... 9 4 USE AND RECEIPT OF WATER ...... 9 5 ESTABLISHMENT OF WATER SERVICE ACCOUNT ...... 9 6 WATER SERVICE CONNECTIONS ...... 10 6.1 Application for Water Service Connections ...... 10 6.1.1 All Water Service Connections require Township Approval ...... 10 6.1.2 Application for Water Service Connection ...... 10 Page 97 of 149 Agenda Item #2020.56 6.1.3 Application refused by the Township ...... 11 6.1.4 Water Service During Construction ...... 11 6.2 Installation of Water Service Connection ...... 12 6.2.1 Installation by the Township ...... 12 6.2.2 Installation by the Owner ...... 12 6.2.3 Connection or Water Service Connection Installation rejected by the Township ...... 13 6.2.4 Pre-installed Water Service Connections ...... 13 6.3 Costs of Water Service Connections ...... 13 6.4 Water Service Operation and Maintenance – by the Township ...... 14 6.5 Replacement of Water Service Connections ...... 14 6.6 Existing Water Service Connections ...... 15 6.6.1 Existing Water Service Connection to be turned off prior to demolition ..... 15 6.6.2 Existing Water Service Connection to be re-used ...... 15 6.6.3 Re-Use of existing Water Service Connection not permitted ...... 15 6.6.4 Existing Water Service Connection to be disconnected ...... 15 7 PRIVATE WATER SERVICE PIPES ...... 16 7.1 Installation by the Owner ...... 16 7.2 Private Water Service Pipe Sizes and Materials ...... 16 7.3 Maintenance Responsibilities ...... 16 7.4 Investigation and Repair of Leakage on Private Water System ...... 16 7.5 Frozen Water Service Connection/Private Water Pipes ...... 17 7.6 Vacant or unheated Properties...... 18 8 WATER METER ...... 18 8.1 Water to be Metered ...... 18 8.1.1 Water to be Metered ...... 18 8.1.2 Water Meters – Township Property ...... 19 8.1.3 Private Water Meters ...... 20 8.2 Water Meter Installation ...... 20 8.2.1 Installation of Water Meter ...... 20 8.2.2 Supply of Water Meter ...... 20 8.2.3 Size of Water Meter ...... 21 8.2.4 Water Meter Loss or Damage ...... 21 Water Use Bylaw page 2 Page 98 of 149 Agenda Item #2020.56 8.2.5 Provision for Installing a Water Meter ...... 21 8.3 Water Meter Inspection ...... 21 8.3.1 Water Meter Inspection...... 21 8.3.2 Water Meter Access ...... 22 8.3.3 Water Meter Interference Prohibited ...... 22 8.3.4 Water Meter Maintenance ...... 22 8.3.5 Water Meter Accuracy ...... 23 8.3.6 Water Meter Relocation ...... 24 8.3.7 Water Meter Leaks ...... 25 8.4 Water Meter Removal due to Building Demolition ...... 25 9 WATER TURN OFF / TURN ON ...... 26 9.1 Water Turn off by Request ...... 26 9.2 Water Turn on by Request ...... 26 10 FIRE HYDRANTS ...... 27 11 WATER USE RESTRICTIONS ...... 27 11.1 Lawn Water Restriction ...... 27 11.2 Water Use Restriction Order ...... 27 12 METER READING, BILLING AND COLLECTION OF ACCOUNTS ...... 28 12.1 Changes of occupancy and Consumer information must be reported ...... 28 12.2 Regular Billings ...... 28 12.3 Final Billings ...... 28 12.4 Water Meter cannot be read – Estimated Consumption ...... 29 13 POWERS OF ENTRY ...... 29 14 OFFENCES ...... 31 15 NOTICE/SERVICE ...... 31 16 RECOVERY OF COSTS ...... 32 17 SEVERABILITY ...... 32 18 REPEAL ...... 32 19 EFFECTIVE DATE ...... 33 Water Use Bylaw page 3 Page 99 of 149 Agenda Item #2020.56 1 DEFINITIONS For the purpose of this Bylaw: Account means the record of Water consumption and all fees and charges relating to a Property Advanced Metering Infrastructure (AMI) means all aspects related to collection, transmission, storage and monitoring of consumption, diagnostic and status data from metering devices by an automatic two-way metering infrastructure including the related equipment, software and hardware as adopted by the Township from time to time for the purposes of billing, data analysis and remote utility management; Applicable Law means any applicable federal, provincial or municipal laws, statutes, Bylaws, rules, regulations, Orders, directives and codes including the Ontario Building Code and Fire Code as amended from time to time; Applicant means any Person who makes an application under this Bylaw; Automatic Meter Reading (AMR) means all aspects related to collection, transmission and storage of consumption data from metering devices by an automatic system including the related equipment, software and hardware as adopted by the Township from time to time for the purposes of billing and data analysis; AWWA Standards means the standards adopted by the American Water Works Association, as amended from time to time; Backflow means a flowing back of or reversal of the normal direction of flow of water, as defined by the Ontario Building Code, as amended; Backflow Preventer means a device or method that prevents Backflow in a water distribution system, as defined by the Ontario Building Code, as amended; Building means a structure as defined by subsection 1 (1) of the Building Code Act, 1992, S.O. 1992, c.23, as amended; Business Day means any working day, Monday to Friday inclusive, excluding statutory and other holidays (i.e. 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 Township has elected to be closed for business. Chief Building Official means the chief building official appointed by Council for the purpose of enforcement of the Building Code Act, 1992, S.O. 1992, c.23, as amended, or their designate; Consumer means any or all of the Owner, Occupier, Developer or Builder of a Property which is serviced by, connected to or uses the Waterworks System; Water Use Bylaw page 4 Page 100 of 149 Agenda Item #2020.56 Developer or Builder means the Owner or Person who has entered into an agreement with the Township for the purposes of permitting development or construction to occur on a Property or land, which includes but is not limited to subdivision and site plan agreements entered into pursuant to the Planning Act, R.S.O. 1990, c. P. 13, as amended; or the Owner or Person to whom a building permit has been issued by the Township pursuant to the Building Code Act, 1992, S.O.1992, c23, as amended; Development Charge means a charge imposed on land with respect to the Township’s Development Charges Bylaw, as amended; Director of Finance means the person designated as the Director of the Finance Department of the Township or their designate; Director of Infrastructure means the person designated as the Director for the Infrastructure Department of the Township or their designate; Drinking Water means water intended for human consumption as defined by subsection 2 (1) of the Safe Drinking Water Act, 2002, c.32, as amended; Fee Bylaw means the Township Fees and Charges Bylaw and/or the Ramara Building Bylaw, as amended from time to time; Occupier or Occupant includes a Person residing on or in a Property; a Person entitled to the possession of the Property; a tenant or leaseholder; and, where that Person is a corporation, shall include the officers, directors and shareholders of that corporation; Person means an individual, sole proprietorship, partnership, municipality, unincorporated association, unincorporated organization, corporation, trustee, heir, executor, administrator or other legal representative, Owner or Occupier of a Property, and includes an agent or employee of any of them; Plumbing means a water system, drainage system and a venting system or parts thereof as defined in subsection 1 (1) of the Building Code Act, 1992, S.O.1992,c.23, as amended; Private Fire Service Main means pipes, fittings and appurtenances that convey Water from the Water Service Connection for the purpose of fire protection or suppression only to all points in a fire protection or suppression system; Private Water Meter means a Water Meter which is not owned, serviced or maintained by the Township; Private Water Service Pipe means the pipe and fittings owned by an Owner of Property that convey Water from the Water Service Connection to a Water Meter, or to the point where the pipe and fittings connected to the Water Service Connection enters a Building or structure if there is no Water Meter; Private Water System means an assembly of pipes, fittings, valves, equipment and appurtenances owned by an Owner of Property that convey Water from the Private Water Use Bylaw page 5 Page 101 of 149 Agenda Item #2020.56 Water Service Pipe to Water supply outlets, fixtures, Plumbing appliances, devices and appurtenances and all other points downstream of the Water Meter or downstream of the point where the Private Water Service Pipe enters a Building or structure if there is no Water Meter; Professional Engineer means an engineer experienced in municipal works, registered with the Association of Professional Engineers Ontario, possessing a current valid license to practice professional engineering as required by the Professional Engineers Act, R.S.O.1990, as amended or any successor thereto, and working for a consulting engineering company registered through a Certificate of Authorization to undertake engineering work; Property means one house, one Building, one structure, one lot or block on a plan of subdivision or one parcel of land within the Township which has a unique municipal address and is adjacent to the Waterworks System; Remote Readout Unit means any device which is used to record or transmit the meter register reading of a Water Meter whether or not it is installed at a separate location from the Water Meter but does not include the Water Meter register; Township means the Corporation of the Township of Ramara and includes its employees, Municipal Law Enforcement Officers, and authorized agents and contractors retained to act on the Township’s behalf; Township Standards and Specifications means the Township’s Engineering Design Criteria, Engineering Standard Drawings as amended from time to time or any other document superseding or replacing it; Vacant Property means a vacant or an unoccupied Property regardless of the length of time the Property has been left unattended or not inhabited; Valve Box is a part of the Waterworks System and means the vertical pipe and cap installed over an underground valve in the Waterworks System which allows the said valve to be operated from ground level; Valve Chamber is a part of the Waterworks System and means the underground structure housing a valve in the Waterworks System which permits access to and operation of the said valve from ground level; Water means Drinking Water; Water Bill means the charge that is made to the Consumer for the Township’s water and wastewater services which are billed by the Township or any authorized agents acting on behalf of the Township of Ramara; Watermain means a pipe forming part of the Waterworks System that conveys municipal Water supply to Water Service Connections; Water Use Bylaw page 6 Page 102 of 149 Agenda Item #2020.56 Water Meter is a part of the Waterworks System and means the meter read, serviced, maintained or supplied by the Township to measure the quantity of Water consumed at, in or upon a Property; Water Meter Chamber is a part of the Waterworks System and means the underground structure housing a Water Meter which is located within three (3) meters of the Street Line; Water Rates includes water rate and flat rate water charge as set out in the Fee Bylaw; Water Service Box is a part of the Waterworks System and means the vertical pipe and cap installed over the Water Shut Off Valve and stem on the Water Service Connection; Water Service Connection is a part of the Waterworks System and means the pipes, fittings and appurtenances used for the purpose of supplying a Property in the Township of Ramara with Water from the Waterworks System and is located between the Street Line and the Watermain or between the Water Service Box and the Watermain; Water Shut Off Valve is a part of the Waterworks System and means the valve on the Water Service Connection owned and used by the Township to turn off or turn on the Water supply from the Waterworks System to any Property; Water Use Restriction Order means a ban or other restrictions put into effect that restricts the outdoor use of Water; Waterworks System means the municipal drinking water system which is owned and operated by the Township licensed pursuant to the Safe Drinking Water Act, S.O.2002, c.32, as amended; Waterworks User Fees means waterworks fees, charges and rates as set out in the Fee Bylaw, but not including Water Rates; Work means all construction, operation and maintenance activities related to the Waterworks System. 2 APPLICATION OF THE BYLAW This Bylaw shall apply to: a. Every person using or drawing Water from the Waterworks System; b. The Owner or Occupier of every Property upon which Water is used, unless the water being used is not supplied by the waterworks sytem; and c. All properties with a connection to the Waterworks System, whether the connection is permanent or temporary. Water Use Bylaw page 7 Page 103 of 149 Agenda Item #2020.56 3 ADMINISTRATION OF BYLAW 3.1 Waterworks System Construction, Operation and Maintenance a. The Township shall be responsible for the construction, operation and maintenance of the Waterworks System in accordance with all Applicable Laws including but not limited to the Safe Drinking Act. b. The administration of the installation of new, renovated or altered Private Water Service Pipes, Private Fire Service Mains, Private Water Systems and appurtenances thereto, and Backflow Preventers on private Property is the responsibility of the Township’s Chief Building Official pursuant to the Ontario Building Code. c. The Township shall be authorized to inspect all existing Private Water Service Pipes, Private Fire Service Mains, Private Water Systems and appurtenances thereto, and Backflow Preventers located and installed on private Property. d. Any Person who has undertaken or caused or permitted to be undertaken any construction or work, whether authorized or approved by the Township or not, and which is located under, over, across or along any Watermain or other part of the Waterworks System shall be liable to the Township for any damage caused by such construction or work. The Person shall notify the Township immediately of any damage and the Township will undertake the repair of any such damage and all costs for the repairs including but not limited to any overhead and administrative fees as set out in the Fee Bylaw, incurred by the Township shall be the responsibility of such Person. 3.2 Conditions on Water Supply a. The Township agrees to use reasonable diligence in providing a regular and uninterrupted Water supply and quality of Water but does not guarantee: i. a constant Water service; or ii. the maintenance of unvaried Water pressure; or iii. the maintenance of unvaried Water quality; or iv. the maintenance of unvaried Water supply, and b. The City shall not be liable to the Consumer or any Person for any damages, including but not limited to direct or consequential damages, in relation to the provision of Water as set out in 3.2(a), or caused by or arising out of the breaking of any Private Water Service Pipe or attachment, or any material buildup in a Private Water System, or arising from the shutting off of Water to repair, replace or install any part of the Waterworks System including but not limited to Watermains or to tap Watermains. Water Use Bylaw page 8 Page 104 of 149 Agenda Item #2020.56 3.3 Water Rates and Charges Responsibilities a. The Township shall be responsible for reading Water Meters and for the accounting, billing and collection of Waterworks User Fees and Water Rates charged in accordance with the Water Rates Bylaw. b. Water supplied by the Township and measured by the Water Meter will be charged to the Consumer, regardless of whether the Water supplied is consumed or wasted. c. Consumers shall be charged for and shall pay the amount due and owing as set out on their Water Bill for their Property based on the quantity of Water supplied by the Township, or in the event a Water Meter cannot be read, based on an estimated consumption in accordance with Section 12.4 of this Bylaw, and in accordance with the Water Rates as set out in the Water Rates Bylaw. 3.4 Bylaw Administration and Enforcement a. The Director of Infrastructure shall be responsible for the administration and enforcement of this Bylaw. b. The Director of Infrastructure may authorize any programs or projects which may exempt Persons or Properties from the application of a specific provision or provisions of this Bylaw. 4 USE AND RECEIPT OF WATER a. No Person shall sell, dispose, or permit the sale or disposal of Water within the Township without the prior written approval of the Director of Infrastructure. b. No Person shall use, cause or permit Water to be used other than through a Water Service Connection to the Property at which the Water is supplied, except with the prior written approval of the Director of Infrastructure. c. No Person shall obtain Water from the Waterworks System, without making an application to and being authorized by the Director of Infrastructure to do so and paying the appropriate charges, fees and Water Rates for it, except with the prior written approval of the Director of Infrastructure. 5 ESTABLISHMENT OF WATER SERVICE ACCOUNT The supply of Water to a Property from the Waterworks System shall not be turned on until the following requirements have been completed to the satisfaction of the Director of Infrastructure: Water Use Bylaw page 9 Page 105 of 149 Agenda Item #2020.56 a. A written application has been completed by the Owner or Developer and approved by the Director of Infrastructure indicating the purpose for which the Water is required; b. The necessary Water Service Connection and Private Water Service Pipe have been installed and inspected and are to the satisfaction of the Director of Infrastructure; c. The cost of such installations have been fully paid by Owner or Developer; d. A Water Meter and all related wiring has been installed, tested and sealed to the satisfaction of the Director of Infrastructure; and e. An Account has been created by the Township. 6 WATER SERVICE CONNECTIONS 6.1 Application for Water Service Connections 6.1.1 All Water Service Connections require Township Approval No Person shall connect or permit a connection to the Waterworks System or alter or permit an alteration to an existing Water Service Connection without the prior approval of the Director of Infrastructure and such connections shall be in full compliance with the requirements of this Bylaw. 6.1.2 Application for Water Service Connection Any Person who requires a new Water Service Connection or wishes to change or alter an existing Water Service Connection to the Waterworks System shall submit an application on the prescribed form and shall comply with the following requirements to the satisfaction of the Director of Infrastructure: a. Detailed plans for the Water Service Connection shall be submitted to the satisfaction of the Director of Infrastructure and in accordance with all requirements set out in the Township Standards and Specifications. b. Where a Water Service Connection is to be installed as part of: i. an unmetered fire line; ii. for any use other than a Single-Residential Property; or iii. where the proposed Water Service Connection is greater than twenty five (25) millimeters in diameter; detailed design drawings of the proposed Water Service Connection or unmetered fire line, prepared and stamped by a Professional Engineer, shall be Water Use Bylaw page 10 Page 106 of 149 Agenda Item #2020.56 submitted to the satisfaction of the Director of Infrastructure and in accordance with all requirements set out in the Township Standards and Specifications. c. The Owner has signed the application certifying the completeness and accuracy of the information provided on the application and in the plans or drawings. d. Payment has been made to the Township of all applicable fees, deposits and charges, prior to the installation of the Water Service Connection by the Township. 6.1.3 Application refused by the Township The Director of Infrastructure may refuse approval of an application for a Water Service Connection where, in the opinion of the Director of Infrastructure: a. The Township’s Waterworks System may be adversely affected; b. There is insufficient Water supply available; c. There is insufficient Water allocation to service the Property; d. A Watermain is not adjacent to the Applicant’s Property; e. The Property does not have frontage on a Road Allowance with a Watermain from which it can receive a Water Service Connection; f. The Property cannot receive a Water Service Connection through a public easement; or g. The Water Service Connection would contravene existing Township Bylaws or other Applicable Law. 6.1.4 Water Service During Construction A Developer or Builder requiring Water for construction purposes shall make a separate application for a Water Service Connection on the prescribed form or in accordance with any requirements prescribed by the Director of Infrastructure, to the Township for each subdivision or site development proposed and shall comply with the following requirements to the satisfaction of the Township: a. Detailed plans shall be submitted to the satisfaction of the Director of Infrastructure illustrating the Water Service Connection point to the Waterworks System for the construction purposes; b. A tested Backflow Preventer shall be installed on the water pipe and after the Water Service Connection point to the Waterworks System to the satisfaction of the Chief Building Official and in accordance with Township Bylaws and Applicable Law; Water Use Bylaw page 11 Page 107 of 149 Agenda Item #2020.56 c. Payment has been made in full to the Township for all construction Water fees, in the amount set out in the subdivision agreement or site plan agreement entered into with the Township; and d. Payment has been made to the Township of all applicable fees, deposits and charges, in the amount as set out in the Fee Bylaw prior to turn on or turn off of Water supply by the Township. 6.2 Installation of Water Service Connection 6.2.1 Installation by the Township Upon the approval of an application by the Director of Infrastructure submitted pursuant to section 6.1.2, a Water Service Connection shall be installed by the Township, in accordance with the Township Standards and Specifications, at the expense of the Owner, as specified in section 6.3 Costs of Water Service Connections. 6.2.2 Installation by the Owner a. Notwithstanding section 6.2.1, if an application has been approved by the Director of Infrastructure pursuant to section 6.1.2, the Director of Infrastructure may authorize an Owner, in writing, to install a Water Service Connection including any Watermain, at the Owner’s expense in the following circumstances and subject to the requirements set out in sections 6.2.2(b) to 6.2.2(d): i. the Water Service Connection shall be installed in conjunction with the construction of new Watermain infrastructure related to the Owner’s project; ii. the Water Service Connection shall be installed within the Township’s approved easement; iii. The Water Service Connection shall be a requirement of a site plan application process; iv. Any other circumstances that the Director of Infrastructure deems appropriate. b. The Owner shall enter into a written agreement with the Township with respect to the installation of the Water Service Connection, any related Work, the payment of securities and the assumption of risk by the Owner in relation to same, on such terms and conditions as are acceptable to the Director of Infrastructure and in a form that is satisfactory to the Township Solicitor; c. The Owner shall construct the Water Service Connection in accordance with the Township Standards and Specifications and any other terms and conditions as set out in the agreement referred to in section 6.2.2 (b); and Water Use Bylaw page 12 Page 108 of 149 Agenda Item #2020.56 d. The construction of the Water Service Connection by the Owner shall be inspected and installed to the satisfaction of the Director of Infrastructure and the Owner shall notify the Director of Infrastructure that it is ready for inspection prior to the commencement of any backfilling or restoration of the Road Allowance or easement where the Water Service Connection has been installed. 6.2.3 Connection or Water Service Connection Installation rejected by the Township If a Person connects to the Waterworks System or installs a Water Service Connection in a manner other than as permitted by this Bylaw, the Director of Infrastructure may require the Owner to undertake the following, at the Owner’s expense: a. Re-excavate the connection or Water Service Connection for the purpose of inspection and testing to the satisfaction of the Director of Infrastructure; b. If required, reinstall the Water Service Connection or any associated Work to the satisfaction of the Director of Infrastructure and in compliance with this Bylaw; or c. Disconnect the Water Service Connection which shall not be reinstalled or reconnected except with the prior written permission of the Director of Infrastructure and in full compliance with the requirements of this Bylaw. 6.2.4 Pre-installed Water Service Connections a. Where the Water Service Connection has been pre-installed by a Developer or Builder, or under the Township’s direction on lands assumed by the Township, a building permit pursuant to the Ontario Building Code must be issued prior to the connection of the Private Water Service Pipe to the pre-installed Water Service Connection for each separate Water Service Connection. b. If a Water Service Connection or its appurtenance that was pre-installed as part of a plan of subdivision or a site development has been damaged, the Owner of the Property shall be responsible for all associated repair or replacement costs. 6.3 Costs of Water Service Connections Upon the approval of an application for a Water Service Connection by the Director of Infrastructure, the Director of Infrastructure shall determine and advise the Owner of: a. All costs of providing such Water Service Connection, which include; i. the Township’s contractor construction and contingency costs; ii. the Township’s administrative costs to manage the construction work and conduct inspection for connecting the Private Service Pipe to the Water Service Connection in the amount as set out in the Fee Bylaw; Water Use Bylaw page 13 Page 109 of 149 Agenda Item #2020.56 iii. Development Charges; iv. the Township’s Water service fee for turning-on the Water to the Property in the amount as set out in the Fee Bylaw; v. other costs as applicable; and b. The conditions upon which such Water Service Connection shall be provided. Prior to installation of the Water Service Connection by the Township, the Owner shall pay to the Township all costs as set out in section 6.3 (a) and comply with any such conditions provided in accordance with section 6.3 (b). Notwithstanding this section, if the Water Service Connection is installed by the Owner in accordance with section 6.2.2 and such installation is accepted by the Director of Infrastructure, the Owner shall only be required to pay the Development Charge, Township’s waterworks service fee, the service fee for turning on the Water supply to the Property and any other applicable fees set out in the Fee Bylaw. 6.4 Water Service Operation and Maintenance – by the Township a. No Person, except the Director of Infrastructure or those acting under his/her direction, shall open or close any water valve, fire hydrant, Water Valve Chamber, Watermain or any pipe, fixture or other part of the Waterworks System used for the Water supply or disturb, tamper or interfere with same in any manner whatsoever. b. No Person, except the Director of Infrastructure or those acting under his/her direction, shall turn on/turn off or alter any Water Shut Off Valve. c. The Township is responsible for maintaining and repairing Water Service Connections between the Watermain and the Street Line or in the Township’s Road Allowance or easement. 6.5 Replacement of Water Service Connections a. If a new Water Service Connection has been approved to replace an existing Water Service Connection, the existing Water Service Connection shall be disconnected at the connection point to the Watermain and the existing Water Service Box shall be removed at the same time as the new Water Service Connection is installed. b. The Owner shall pay all costs and fees associated with the disconnection of an existing Water Service Connection and the connection of new a Water Service Connection in the amount as set out in the Fee Bylaw. Water Use Bylaw page 14 Page 110 of 149 Agenda Item #2020.56 Existing Water Service Connections 6.5.1 Existing Water Service Connection to be turned off prior to demolition An Owner who has received a permit to demolish a Property shall provide the Director of Infrastructure with a notice five (5) days in advance of the demolition and the Water Service Connection shall be turned off by the Township at that Property’s Water Shut Off Valve. The Owner shall pay the Township’s Water turn off service fee in the amount as set out in the Fee Bylaw. 6.5.2 Existing Water Service Connection to be re-used If the Owner is seeking to re-use the existing Water Service Connection, which previously serviced the Building, or use the installed Water Service Connection of a pre- serviced Property, the Owner shall make an application on the prescribed form to reuse the Water Service Connection and shall comply with the following requirements to the satisfaction of the Director of Infrastructure: a. Detailed design drawings illustrating the location, size, material and condition of the existing Water Service Connection shall be submitted to the satisfaction of the Director of Infrastructure; and b. The Owner shall retain a Professional Engineer to perform the field inspection of the existing Water Service Connection and to provide the Township with a report indicating whether the existing Water Service Connection conforms to the Township Standards and Specifications and confirming whether it can be re- used. c. The Director of Infrastructure may refuse the re-use of the existing Water Service Connection if it fails to conform to the Township Standards and Specifications or if it is determined to be defective. 6.5.3 Re-Use of existing Water Service Connection not permitted The re-use of an existing Water Service Connection shall not be permitted, if the new proposed Private Water Service Pipe or a pre-serviced Property has a larger size than the existing Water Service Connection. The Owner shall apply for a new Water Service Connection as set out in sections 6.1.2 and 6.1.3 and pay for the costs of new Water Service Connection as set out in section 6.3. 6.5.4 Existing Water Service Connection to be disconnected If the existing Water Service Connection is not re-used, or in the case of a pre-serviced Property where such connection will not be used for servicing the Property, the existing Water Service Connection shall be disconnected at the connection point to the Township Watermain and the existing Water Service Box shall be removed at the time the new Water Service Connection for the Property is being installed. The Owner shall Water Use Bylaw page 15 Page 111 of 149 Agenda Item #2020.56 pay all costs and fees associated with the disconnection of the existing Water Service Connection in accordance with the Fee Bylaw. 7 PRIVATE WATER SERVICE PIPES 7.1 Installation by the Owner a. All Private Water Service Pipes shall be installed by and at the expense of the Owner of the Building or Property for which such Water services are required. The Water Meter for all Water services shall be supplied by the Township, at the Owner’s expense. b. The Private Water Service Pipes shall be installed in accordance with the site servicing design drawings approved by the Township and the requirements of the Ontario Building Code. c. The Chief Building Official shall be notified by the Owner of the Property when a Private Water Service Pipe has been laid, and is ready for inspection. All works must be left uncovered and convenient for examination until inspected and approved. The Water supply shall not be turned on unless the work has been inspected and approved by the Chief Building Official. 7.2 Private Water Service Pipe Sizes and Materials All Private Water Service Pipes shall be of the same material and size as the Water Service Connection to which such Private Water Service Pipe is connected, and the pipes and fittings used for Private Water Service Pipes shall conform to the design and quality standards as prescribed by the Township Standards and Specifications. 7.3 Maintenance Responsibilities Every Owner shall maintain their Private Water Service Pipe in proper working order and shall be responsible for undertaking any required repairs and maintenance to the Private Water Service Pipe, its fixtures and appurtenances at their own expense and in a prompt manner. 7.4 Investigation and Repair of Leakage on Private Water System a. Every Owner shall be responsible for investigating and determining the cause of any leak, defect or malfunction in the Private Water System serving the Owner’s Property. The Township is not responsible for locating any leaks for the Owner. b. Every Owner shall, at their own expense, repair any leak, defect or malfunction in, of or on the Private Water Service Pipe, Private Fire Service Main or private fire hydrant located on or servicing their Property which results in Water being consumed or lost before passing through the Water Meter, including but not Water Use Bylaw page 16 Page 112 of 149 Agenda Item #2020.56 limited to any leak, defect or malfunction related to valves, fittings or corroded piping, as soon as possible after becoming aware of any such leak, defect or malfunction. Every Owner shall pay the cost of Water consumed or lost as a result of such leak, defect or malfunction. c. In the event that an Owner fails or refuses to repair any and all leaks, defects or malfunctions in, of or on the Private Water Service Pipe, or Private Fire Service Main or private fire hydrant located on or servicing their Property which results in Water being consumed or lost before passing through the Water Meter, including any leak, defect or malfunction related to valves, fittings or corroded piping, the Township may issue an Order to the Owner to do so. d. The Owner shall comply with such Order issued by the Township pursuant to section 7.4 (c) and undertake any required works and repairs within five (5) Business Days of being served with the Order. e. If the Owner fails to comply with such Order of the Township in accordance with sections 7.4 (c) and 7.4 (d), the Township may make such repairs as the Township deems necessary or appropriate and the Owner shall pay to the Township the full cost of such work, inspection fees for each attendance at the Property by the Township as well as any overhead and administrative fees in the amounts as set out in the Fee Bylaw. f. If the Owner fails to comply with such Order of the Township in accordance with sections 7.4 (c) and 7.4 (d), the Township reserves the right to turn off Water supply to the Property until the leaking Private Water Service Pipe or Private Fire Service Main or private fire hydrant is repaired. g. The Owner shall pay all costs related to the loss of Water. Where the Water loss has not been recorded by a Water Meter, Water consumption shall be estimated by the Township according to the nature of the leak. h. The Owner of a Property shall grant the Township access to the Property to confirm a leak and its location in the Private Water System through a leak survey, when the Township determines it is necessary to conduct such an inspection. 7.5 Frozen Water Service Connection/Private Water Pipes a. Every Owner shall ensure that all Private Water Service Pipes, the Private Water System, Private Fire Service Mains and Water Meter on their Property are protected from freezing. b. An Owner of a Property shall be responsible for i. Thawing out a frozen Private Water Service Pipe, Private Water System, Private Fire Service Main or Water Meter; Water Use Bylaw page 17 Page 113 of 149 Agenda Item #2020.56 ii. Any damage incurred in the event that any of the Private Water Service Pipe, Private Water System or Private Fire Service Main or Water Meter freezes; and iii. Any Water loss or discharge which occurs as the result of a leak in a frozen Private Water Service Pipe, Private Water System, Private Fire Service Main or Water Meter. c. The Township shall be responsible for thawing out a frozen Water Service Connection up to the Water Service Box. 7.6 Vacant or unheated Properties a. When any Property is left Vacant or without heat, the Owner or Occupant shall turn off the Water supply within the Property and drain the piping and Water Meter therein. The Owner or Occupant may make an application to the Township to turn off the Water supply at the Water Service Box. The Water Shut Off Valve will be turned off only at the request of the Owner or Occupant and in their presence. The Owner or Occupant shall pay for these Water turn off/turn on service fees in the amounts as set out in the Fee Bylaw. b. When any Property is left Vacant or without heat and the Water supply has not been turned off, and the Property suffers damage to it and its contents from a leaking, frozen or burst Water pipe or Water Meter, the Owner or Occupant shall have no claim for any such loss or damage against the Township and the Owner or Occupant shall pay all applicable Waterworks User Fees in the amounts as set out in the Fee Bylaw and any further costs incurred by the Township as a result. These costs may include the Water Meter replacement cost if the Water Meter is damaged. c. Should the Township become aware of such leaking or burst water pipes or Water Meter, the Director of Infrastructure may turn off the Water supply to the Property at the Water Service Box, and the Water supply shall not be turned on until the Director of Infrastructure, in his/her discretion, considers it safe and advisable to do so. The Owner or Occupant shall pay for these Water turn off/turn on service fees in the amounts as set out in the Fee Bylaw. 8 WATER METER 8.1 Water to be Metered 8.1.1 Water to be Metered a. No Person shall use or permit the use of Water that has not passed through a Water Meter. Water Use Bylaw page 18 Page 114 of 149 Agenda Item #2020.56 b. Every Owner shall have a Water Meter installed and in use at their Property where such Property is supplied with Water by the Township. c. All Water supplied to a Property through Private Water Service Pipes shall pass through a Water Meter and shall be charged to the Consumer at such rates as set out in the Water Rates Bylaw. All Water passing through the Water Meter will be charged for whether used or wasted. d. Sections 8.1.1 (a) and (b) and (c) shall not apply where: i. Water is used by authorized Township personnel acting in the course of their duties or by Township authorized agents or contractors expressly acting within the scope of their contract; ii. Water is used by the Township for firefighting purposes; iii. Water is used for construction purposes with the approval of the Township in accordance with the provisions of this Bylaw; or iv. Where the use of un-metered Water is otherwise permitted by this Bylaw. e. All Water Service Connections to the Waterworks System are required to be metered. Any Owner of a Property who does not have a Water Meter installed shall pay the Township increased flat rate service charges as set out in the Water Rates Bylaw. f. Any existing Property serviced by the Waterworks System, on a “flat rate water charge”, is required to have a Water Meter installed within one (1) year from the enactment of this Bylaw. If the Owner does not make provision to install a Water Meter as required in the permitted time, the Township may turn off the Water Supply to the Property. g. If two or more Water Service Connections supply Water to a Property, each Water Service Connection shall be separately metered. h. Notwithstanding the issuance of any Occupancy Permit under the Ontario Building Code, no Person shall draw or use any Water until the Water Meter for the Property has been installed, inspected and sealed by and to the satisfaction of the Director of Infrastructure. 8.1.2 Water Meters – Township Property All Water Meters including Remote Readout Units, wiring and AMR/AMI equipment that register Water supplied and billed by the Township, are and shall remain the property of the Township, although initially paid for by an Owner or Consumer, and shall be supplied, maintained and replaced by the Township. Water Use Bylaw page 19 Page 115 of 149 Agenda Item #2020.56 8.1.3 Private Water Meters a. Additional Private Water Meters required for the individual metering or internal private billing purposes within a Building or on a Property shall be installed by and at the expense of the Owner on the downstream side of the Water Meter. b. Consumption readings from Private Water Meters will not be recognized by the Township for municipal billing purposes. The Township is not responsible for any maintenance of Private Water Meters or any requested reconciliation arising from the use of Private Water Meters. 8.2 Water Meter Installation 8.2.1 Installation of Water Meter a. No Person shall turn on or cause to turn on the Water supply to a Property or use or draw Water from the Waterworks System until a Water Meter has been installed at the Property and inspected to the satisfaction of the Director of Infrastructure. b. All Water Meters that have been installed at a Property, shall be inspected and sealed to the satisfaction of the Director of Infrastructure and all associated fees and charges for the Water Meter and any required inspection fees and other applicable fees in the amounts as set out in the Fee Bylaw must be paid in full prior to turning on the Water supply by the Township. c. Notwithstanding the issuance of an Occupancy Permit under the Ontario Building Code, no Person shall occupy a Building prior to the installation of a Water Meter, nor shall any Person use or draw Water from the Waterworks System prior to the installation of the Water Meter. d. In the case of a Property subject to meter replacement or installation in accordance with the Township’s meter maintenance program or AMR/AMI program, the Township may install such Water Meter, conduit and wire for Remote Readout Unit and AMR/AMI equipment at no expense to the Owner. 8.2.2 Supply of Water Meter Water Meters for new development shall be supplied by the Township at the Owner’s expense in accordance with the Fee Bylaw and the Township Standards and Specifications. Water Use Bylaw page 20 Page 116 of 149 Agenda Item #2020.56 8.2.3 Size of Water Meter a. Based on the information supplied by the Owner/Applicant in their application, the Director of Infrastructure shall determine the size of the Water Meter required for the Property. b. Unless approved by the Director of Infrastructure, the size of a residential Water Meter shall not be in excess of twenty-five (25) millimeters in diameter. 8.2.4 Water Meter Loss or Damage a. Other than damage caused by the Township, every Owner shall be responsible for any loss or damage to a Water Meter including but not limited to damage caused by freezing. b. The Owner shall pay the Township the costs for making the necessary repairs to or for the replacement of such Water Meter and all applicable fees and charges in the amounts as set out in the Fee Bylaw. 8.2.5 Provision for Installing a Water Meter The Owner shall ensure that provision is made in the piping system of all existing, new and Renovated Buildings or structures for the installation of a Water Meter of the same diameter as the Private Water Service Pipe in accordance with the Township Standards and Specifications. 8.3 Water Meter Inspection 8.3.1 Water Meter Inspection a. Every Water Meter on a Property shall be inspected by the Township at or about the time of installation or relocation. The Owner shall notify the Township within forty-eight (48) hours of the installation or relocation of a Water Meter that it has been installed or relocated and is ready for inspection. b. The Owner or Occupier shall, within the time set out in a notice provided by the Township, permit the Township to have free, clear and unobstructed access to the Water Meter to inspect, test, read, repair, maintain, alter, disconnect, remove, replace or seal such Water Meter. c. In case of Water Meter inspection, testing, repair, replacement or maintenance, the Township will provide reasonable notice to the Owner or Occupier when required by and in accordance with the Municipal Act. Water Use Bylaw page 21 Page 117 of 149 Agenda Item #2020.56 8.3.2 Water Meter Access a. The Owner shall install or cause to be installed a Water Meter in a location that is in accordance with the Township Standards and Specifications. b. The Water Meter shall be installed in or on a Property where it is convenient for the Township to inspect, test, read, repair, maintain, alter, disconnect, remove, replace or seal such Water Meter. The location of a Water Meter shall be accessible without the use of a portable ladder or the necessity of climbing over or removal of an obstacle. c. As part of an inspection, the Township shall at all times be permitted to take photographs, including digital images, of any Plumbing, Water Meter, Private Meter, by-pass pipe and valves, inlet and outlet valves, Backflow Preventer, Private Water System, Private Water Service Pipe, Private Fire Service Main or Water Meter Chamber. d. The Owner or the Occupier shall, within the time set out in a Township notice, permit the Township to inspect the Private Water Service Pipe, Private Water System, Private Fire Service Main, or the inlet, outlet, flushing, drainage and by- pass valves on piping adjacent to or around the Water Meter. e. If the Owner or Occupier refuses to provide the Township access to the Water Meter, the Township may exercise Section 13 “Powers of Entry” as set out in this Bylaw. 8.3.3 Water Meter Interference Prohibited a. No Person, except as authorized by the Township, shall perform, permit or cause the tampering, un-sealing, reversal, removal or alteration of a Water Meter in any way which may interfere with the proper registration of the quantity of Water that passes through a Water Meter or ought to pass through a Water Meter. b. No Person shall connect any pipes or other appurtenances to direct flow from a Private Water Service Pipe upstream of a Water Meter or the by-pass pipe and valves. 8.3.4 Water Meter Maintenance a. Every Owner shall ensure that all valves are fitted with proper handles and that all valves to, from and around the Water Meter are installed and properly maintained in accordance with the Township Standards and Specifications. b. Every Owner shall maintain all Plumbing including all piping, fittings and valves to and from and around a Water Meter in good working order and shall replace and Water Use Bylaw page 22 Page 118 of 149 Agenda Item #2020.56 repair them as necessary in accordance with the Township Standards and Specifications. c. If the Township determines that the condition of a Private Water Service Pipe, Private Fire Service Main, or Private Water System or valves on piping adjacent to the Water Meter is such that the Water Meter cannot be properly or conveniently tested, calibrated or repaired in place or removed for the purpose of testing, replacing or repairing, the Owner shall, at his sole expense, repair or, if necessary, replace the Private Water Service Pipe, Private Fire Service Main, or Private Water System or valves, as the case may be, to enable the Township to test, calibrate, repair or remove the Water Meter. d. Where the Township determines that a Private Water Service Pipe, Private Fire Service Main or Private Water System or valves on piping adjacent to the Water Meter requires repair or replacement in accordance with section 8.3.4 (c), the Township may issue an Order to the Owner to repair or replace the Private Water Service Pipe, Private Fire Service Main or Private Water System or valves, as the case may be, within thirty (30) days from the receipt of such Order, at the sole expense of the Owner. The Owner shall obtain a building permit from the Township prior to the repair or replacement of the Private Water Service Pipe or Private Water System. e. If the Owner or his/her authorized agent does not carry out the Work as required within thirty (30) days from the receipt of the Order from the Township, then the Township may carry out the work and turn off the Water supply to the Property during the removal, replacement, repair, testing and calibration of the Water Meter. The Township shall not be liable for any loss or damage to the Owner’s Property, including but not limited to direct or consequential damages, or loss or damage otherwise suffered by the Owner or an Occupant arising from such work or the turn off or on of the Water supply. f. The Owner shall pay all costs incurred by the Township for carrying out the work required under an Order and pursuant to section 8.3.4 (e), as a result of the Owner failing to make the necessary repair or replacement. The Owner shall also pay the inspection fee for each attendance at the Property made by the Township, and all applicable fees and charges in the amounts as set out in the Fee Bylaw, which includes water turn off/on fees. 8.3.5 Water Meter Accuracy a. Pursuant to this Bylaw, the testing, flow rates and procedures used to determine Water Meter (all types and sizes) accuracy will be in accordance with the current AWWA Standards. Water Use Bylaw page 23 Page 119 of 149 Agenda Item #2020.56 b. The Person of a building may request in writing, that the Township remove and test the water meter located on its property if readings are disputed. c. The Person will be responsible for the actual cost of testing along with the new water meter if the water meter is found to be measuring accurately and the disputed usage will be the responsibility of the person’s. 8.3.6 Water Meter Relocation a. No Person shall relocate a Water Meter that has been installed on a Property to the satisfaction of the Director of Infrastructure without the prior written consent of the Director of Infrastructure. b. No Person shall disconnect a Water Meter for maintenance or repair without the prior written consent of the Director of Infrastructure. c. An Owner/Applicant may make an application, on the prescribed form to the Director of Infrastructure, to relocate a Water Meter on a Property. If the Water Meter relocation is approved by the Director of Infrastructure, the Owner/Applicant shall pay all costs associated with any relocation of the Water Meter including all applicable fees and charges in the amounts as set out in the Fee Bylaw. d. The Director of Infrastructure shall not approve the application for a Water Meter relocation if: i. the application is incomplete; ii. the prescribed fee is not paid; or iii. the proposed relocation is not in accordance with the Township Standards and Specifications with respect to the location of the Water Meter or otherwise. e. If the location of an installed Water Meter on a Property does not comply with the Township Standards and Specifications, the Township may issue an Order requiring the relocation of an installed Water Meter within thirty (30) day from the receipt of the Order from the Township, at the sole cost of the Owner. f. All work undertaken and materials used to relocate a Water Meter shall conform to the Township Standards and Specifications and comply with the requirements of the Ontario Building Code. g. If an Owner or his/her authorized agent fails to carry out the work as required by the Township under 8.3.5 (e) within fifteen (15) days from the receipt of the Order from the Township, then the Township may carry out the Water Meter relocation and all necessary work required. The Township shall not be liable for any loss or Water Use Bylaw page 24 Page 120 of 149 Agenda Item #2020.56 damage to the Owner’s Property or any loss or damage otherwise suffered by the Owner or any Occupant arising from such work. h. The Owner shall pay all costs incurred by the Township for carrying out the work required as a result of the Owner failing to comply with an Order to relocate the Water Meter pursuant to section 8.3.5 (e). The Owner shall also pay the inspection fee for each attendance at the Property made by the Township, and all applicable fees and charges in the amounts as set out in the Fee Bylaw, which includes water turn off/on fees. 8.3.7 Water Meter Leaks a. Every Owner or Occupier shall immediately notify the Township if any leaks develop at the Water Meter or its couplings. b. The Township will repair the leaks at the Water Meter or its couplings at no charge to the Owner unless such leak was a result of damage by the Owner of the property including but not limited to damage caused by freezing. The Township shall not be liable for any damage or loss to the Owner’s Property or any loss or damage suffered by the Owner or Occupant, including but not limited to direct or consequential damages, as a result of any such leaks at the Water Meter or its couplings. 8.4 Water Meter Removal due to Building Demolition a. No Person shall demolish a Building or cause a Building to be demolished until the final Water Meter reading is obtained and the Water Meter and Remote Readout Unit are removed. b. An Owner who has received a permit to demolish a Building shall notify the Township in writing a minimum of ten (10) Business Days in advance of the date on which the Water supply to the Property is no longer required. The Owner shall also make an appointment with the Township to take a final Water Meter reading, and turn off the Water supply at the Water Shut Off Valve. c. The Owner shall be present at the Property when the final Water Meter reading is taken, and the Water supply is turned off at the Water Shut Off Valve. d. In the event an Owner fails to attend at the Property, the Owner shall pay the Township the missed appointment fee in the amount as set out in the Fee Bylaw. e. In the event an Owner fails to remove the Water Meter and Remote Readout Unit prior to the demolition of a Building or structure on the Property, the Owner shall pay for the cost of a new Water Meter and Remote Readout Unit of the same type and size in accordance with the fees and charges set out in the Fee Bylaw. Water Use Bylaw page 25 Page 121 of 149 Agenda Item #2020.56 9 WATER TURN OFF / TURN ON 9.1 Water Turn off by Request a. An Owner shall notify the Township no less than forty-eight (48) hours in advance of the date on which the Owner requires the Township to temporarily turn off the Water supply to a Property. b. The Owner shall pay the Township fees to turn off the Water supply to a Property temporarily in accordance with the Fee Bylaw. c. The Owner shall make an appointment with the Township and the Owner or his/her authorized agent shall attend at the Property to ensure the Township has access to the Property, Water Meter and the Water Shut Off Valve when the Water supply is being turned off. d. In the event that an Owner or his/her authorized agent fails to attend at or provide the Township access to the Property at the set appointment time, then the Owner shall pay the cost for the missed appointment in accordance with the Fee Bylaw. e. In the case of an emergency requiring the Water to be turned off, the notice requirements in this Bylaw may be waived by the Township. f. No Person shall turn off the supply of Water to a Property at the Water Shut Off Valve, without the prior authorization of the Director of Infrastructure. 9.2 Water Turn on by Request a. An Owner shall notify the Township no less than forty-eight (48) hours in advance of the date on which the Owner requires the Township Water supply to the Property to be turned on. b. The Owner shall pay the Township fees to turn on the Water supply to a Property in accordance with the Fee Bylaw. c. The Owner shall make an appointment with the Township and the Owner or his/her authorized agent shall attend at the Property to ensure the Township has access to the Property, Water Meter and the Water Shut Off Valve when the Water supply is being turned on. d. In the event that an Owner or his/her authorized agent fails to attend at or provide the Township access to the Property at the set appointment time, then the Owner shall pay the cost for the missed appointment in accordance with the Fee Bylaw. e. No Person shall turn on the supply of Water to a Property at the Water Shut Off Valve, without the prior authorization of the Director of Infrastructure. Water Use Bylaw page 26 Page 122 of 149 Agenda Item #2020.56 10 FIRE HYDRANTS No Person shall at any time operate or take Water from a public fire hydrant except: a. a municipal fire fighter, where Water is required for fire protection or fire training purposes; b. a Person who has written authorization from the Township and in accordance with the terms and conditions of the written authorization; c. a water operator from the Township’s Operating Authority. 11 WATER USE RESTRICTIONS 11.1 Lawn Water Restriction No Person shall use or cause or permit the use of Water from the Waterworks System for the purpose of watering a lawn by hose, pipe, sprinkler or permanent Irrigation System at any time in every year except as follows: a. All owners or Occupants of residential properties in; Brechin/Lagoon City, Bayshore Village, South Ramara and Val Harbour; with an even numbered house municipal address shall be permitted to use water between 6:00 a.m. and 8:00 a.m. or 6:00 p.m. and 9:00 p.m. on an even numbered day of the month. b. All owners or Occupants of residential properties in; Brechin/Lagoon City, Bayshore Village, South Ramara and Val Harbour; with an odd numbered house municipal address shall be permitted to use water between 6:00 a.m. and 8:00 a.m. or 6:00 p.m. and 9:00 p.m. on an odd numbered day of the month. 11.2 Water Use Restriction Order a. The Director of Infrastructure may issue a Water Use Restriction Order in the event that the Director of Infrastructure determines: i. there is insufficient Water supply in the Waterworks System to maintain an appropriate volume of Water storage for the continued proper and safe operation of the Waterworks System; or ii. there is insufficient Water pressure in the Waterworks System for firefighting purposes; or iii. there is an upset or flow restriction caused by the maintenance activities of the Waterworks System. b. The Director of Infrastructures will give reasonable notice to the public describing the circumstances associated with the issuance of a Water Use Restriction Order, the date on which it is to take effect and the conditions or restrictions of Water Use Bylaw page 27 Page 123 of 149 Agenda Item #2020.56 the Water use that would apply. Notice may be given by any means that, in the opinion of the Director of Infrastructure, is sufficient to provide reasonable notice to the public of the Water Use Restriction Order, which may include posting on the Township’s website. c. No Person, shall use or cause or permit, the use of Water in contravention of the conditions set out in the Water Use Restriction Order issued by the Director of Infrastructure. d. Once the situation that caused the issuance of the Water Use Restriction Order has been resolved or is no longer in effect, the Director of Infrastructure will withdraw the Water Use Restriction Order. 12 METER READING, BILLING AND COLLECTION OF ACCOUNTS 12.1 Changes of occupancy and Consumer information must be reported a. The Owner of Property shall notify the Township in writing of any change of occupancy to the Property and shall pay all applicable fees and charges for the change of occupancy. b. The Township may require a new Occupant or Consumer to complete and sign a Consumer information form. 12.2 Regular Billings a. Accounts shall be billed every 3 months or on any other basis at the discretion of the Director of Finance. The bill shall be deemed to be served upon the Consumer if it is sent by mail to the mailing addresses provided by the consumer, or if notice of bill availability is delivered electronically where the customer has elected for an electronic means of contact. b. When Water Rates change through a billing period, the Water use charge shall be prorated for that billing period. 12.3 Final Billings When a Consumer proposes to vacate any Property supplied by Water, the Consumer shall give notice to the Township at least ten (10) business days before vacating the Property to permit the reading of the Water Meter. If such notice is not given, then the Consumer may be billed for: a. an estimated bill; or b. the amount calculated by the next Water Meter reading, whichever is the greatest. Water Use Bylaw page 28 Page 124 of 149 Agenda Item #2020.56 12.4 Water Meter cannot be read – Estimated Consumption a. In the event of a Water Meter failing to record properly, or where the Remote Readout Unit is unable to obtain a reading, the Consumer shall pay the estimated Water consumption on the basis of a corresponding period in the immediately previous year. b. Where the Consumer did not occupy the same Property for the corresponding period in the immediately previous year, then the Consumer shall pay the estimated Water consumption on the basis of a similar period in the current year. c. After one estimated Water consumption, the Owner or Occupant shall provide the Township with access to the Property to read the Water Meter. If the Owner or Occupant fails to provide the Township access to read the Water Meter, then the Owner or Occupant shall pay for the Water consumption estimated at the discretion of the Director of Finance together with increased flat rate service charges. 13 POWERS OF ENTRY a. No Person shall hinder, obstruct, or attempt to hinder or obstruct or to deny the Township or any Township employee, Municipal Law Enforcement Officer, authorized agent or contractor expressly acting within the scope of this Bylaw or pursuant to the Municipal Act access to a Property for any purpose provided for in this Bylaw or pursuant to the Municipal Act. b. Any Person who hinders or obstructs, or attempts to hinder or obstruct, or who denies access to the Township or any Township employee, Municipal Law Enforcement Officer, authorized agent or contractor expressly acting within the scope of this Bylaw or pursuant to the Municipal Act shall be deemed to be in contravention of this Bylaw. c. The Township or any Township employee, Municipal Law Enforcement Officer, authorized agent or contractor expressly acting within the scope of this Bylaw or pursuant to the Municipal Act may enter onto land or Property to which Water is supplied by the Township at any reasonable time in accordance with the requirements of this Bylaw and sections 79, 80, 435, 436, 437 and 438 of the Municipal Act, in order to: i. Inspect, repair, alter or disconnect a service pipe or wire, machinery, equipment and other works used to supply Water; ii. Read, inspect, install, repair, replace, maintain, alter or remove a Water Meter, AMI or Remote Readout Unit; iii. Inspect a Backflow Preventer; Water Use Bylaw page 29 Page 125 of 149 Agenda Item #2020.56 iv. Turn off or reduce the Water supply; v. When a Customer discontinues the use of Water or the Township lawfully ceases supplying Water to the Property, to: turn off the Water; to remove any property of the Township; and/or to determine whether Water has been, or is being, unlawfully used; vi. Inspect Water service leakage including Private Water Service Pipe or Private Fire Service Main or private fire hydrant; vii. Follow up on an Order issued under this Bylaw; viii. Follow up on an Order made under section 431 of the Municipal Act; ix. Carry out an inspection to determine compliance with the requirements or provisions of this Bylaw, or a direction or Order issued pursuant to this Bylaw; x. Undertake remedial work in accordance with this Bylaw or the Municipal Act; and/or. xi. For any other purpose authorized by this Bylaw or the Municipal Act. d. When exercising its power of entry under this Bylaw, the Township will provide reasonable notice to the Owner or Occupier when required by and in accordance with sections 435 and 437 of the Municipal Act. e. Where an inspection is conducted by a Municipal Law Enforcement Officer, Township employee, or authorized agent, the Township representative conducting the inspection may, in accordance with section 436 (2) of the Municipal Act: i. Require the production for inspection of documents or things relevant to the inspection; ii. Inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; iii. Require information from any person concerning a matter relating to the inspection; and iv. Alone or in conjunction with a person possessing special or expert knowledge make examinations or take tests, samples or photographs necessary for the purpose of the inspection. f. When the Township has provided notice to exercise a power of entry when required by and in accordance with this Bylaw and the Municipal Act, and the Owner or Occupier has not provided access within the time set out in the Township notice, the Owner or Occupier will be charged a “missed appointment Water Use Bylaw page 30 Page 126 of 149 Agenda Item #2020.56 or service refusal” fee in the amount as set out in the Fee Bylaw to compensate the Township for costs incurred in attempting access and for each subsequent attempt. 14 OFFENCES a. Every Person who contravenes or fails to comply with any provision of this Bylaw or an Order or notice issued pursuant to this Bylaw is guilty of an offence. b. Every Person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. c. No Person shall fail to comply with any conditions or term of any Order or notice issued under this Bylaw. d. No Person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal Law Enforcement Office or any person who is exercising a power or performing a duty under this Bylaw. e. If there is a contravention of any provision of this Bylaw, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a Continuing Offence for each day or part of a day that the contravention remains uncorrected. f. If any Order has been issued under this Bylaw, and the Order has not been complied with, the contravention of the Order shall be deemed to be a Continuing Offence for each day or part of a day that the Order is not complied with. g. For purposes of this Bylaw, an offence is a second or subsequent offence if the act giving rises to the offence occurred after a conviction had been entered at an earlier date for the same offence. 15 NOTICE/SERVICE a. Where an Order is issued or a notice is given by the Township, unless otherwise provided for in this Bylaw, the Order or notice may be served: i. personally on the Person to whom it is directed; ii. mailed by regular mail to the last known address provided to the Township of the Person to whom it is directed; or iii. posted in a conspicuous place at the subject Property. b. A Person is deemed to be in receipt of the Order or notice on the date it is served personally or posted at the subject Property and five (5) Business Days after the Order or notice is posted by mail to the last known address provided to the Water Use Bylaw page 31 Page 127 of 149 Agenda Item #2020.56 Township. If no address for the Person has been provided, then the Township will send the Order or notice by mail to the Property address identified on the Tax Rolls. 16 RECOVERY OF COSTS a. Pursuant to section 446 of the Municipal Act, where the Township, its employees or authorized agents have performed work required to bring the Property into compliance with the Bylaw, all expenses incurred by the Township in doing the work as well as any related fees, shall be deemed to be a debt to the Township and may be collected by action or the costs may be added to the Tax Roll for the Property and collected in the same manner as municipal taxes. b. Fees and charges imposed on a Person pursuant to the Fee Bylaw, as may be amended from time to time, constitute a debt of the Person to the Township. The Director of Finance may add such fees and charges imposed by the Township to the Tax Roll in accordance with the provisions of section 398(2) of the Municipal Act and collect them in the same manner as municipal taxes. c. Any fees, charges and administrative costs associated with this Bylaw are non- refundable and are set out in the Fee Bylaw, as may be amended from time to time. 17 SEVERABILITY If a court of competent jurisdiction should declare any section or part of a section of this Bylaw to be invalid the remainder of this Bylaw shall continue to be valid and remain in force. 18 REPEAL The following Bylaws are hereby repealed: - Bylaw No. 2005.72, being a bylaw to regulate the supply of water, dated August 29, 2005. - Bylaw No. 2010.59, a bylaw regulating mandatory water meter installation of all municipal water connections, dated June 28, 2010. - Bylaw No. 2012.80, a bylaw to amend Bylaw No. 2010.59, being a bylaw regulating mandatory water meter installation of all municipal water connections, dated October 29, 2012. Water Use Bylaw page 32 Page 128 of 149 Agenda Item #2020.56 - Bylaw 2014.27, a bylaw to amend Bylaw No. 2010.59, being a bylaw regulating mandatory water meter installation of all municipal water connections, dated April 14, 2014. 19 EFFECTIVE DATE This Bylaw comes into force and effect on the day it is passed. BYLAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF SEPTEMBER 2020. ______BASIL CLARKE, MAYOR ______JENNIFER CONNOR, CLERK Water Use Bylaw page 33 Page 129 of 149 Agenda Item #2020.57 BILL NO. 2020.57 THE CORPORATION OF THE TOWNSHIP OF RAMARA BYLAW NUMBER 2020. A BYLAW TO AMEND ZONING BYLAW #2005.85 (1811 Concession Road 10) WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides for the enactment of zoning bylaws and amendments thereto; AND WHEREAS the Council of the Corporation of the Township of Ramara deems it advisable to further amend Bylaw 2005.85 for the Township of Ramara as it relates to the Part of Lot 7, Concession 9, Mara, known municipally as 1811 Concession Road 10; AND WHEREAS the provisions of this Bylaw conform to the Ramara Official Plan; NOW THEREFORE, THE Council of the Corporation of the Township of Ramara enacts as follows: 1. That Schedule “A”, Maps J8 and J9, of Zoning Bylaw 2005.85 are hereby further amended by rezoning from “Agriculture (AG)” to “Agriculture Exception Six (AG-6)” of this Bylaw, prohibiting a residential use on the property and a minimum lot area of 39 ha. 2. That Schedule “A”, Maps J8 and J9 attached, does and shall form part of this Bylaw. 3. That this Bylaw shall come into force and take effect on the date of passing thereto, subject to the provisions of section 34 of the Planning Act, as amended. BYLAW READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 28TH DAY OF SEPTEMBER 2020. ______Basil Clarke, Mayor ______Jennifer Connor, Clerk Page 130 of 149 SCHEDULE "A" TO BYLAW #2020. ~ TOWNSHIP OF RAMARA II RU SCHEDULE "A" RU • ~,_ TO BY-LAW 2005.85 \l MapJ8 r- AG - B ZONES NAP Natural Area Protection t < 11 _J l--i AG Agriculture RU Rural "i.J RCR Rural and Countryside -~ Residential VR Village Residential - vc Village Commercial I VID Village Industrial i VIN Village Institutional "AG" to "AG-6" - H Hamlet SR Shoreline ResldenUal IND lndusb'lal DC Destination Commercial HC Highway Commercial MAE Mineral Aggregate Extraction w Waste Processing and Disposal AR Active Recreation PR Passive Recreation AG IR Indian Reservation r------MunicipalBoundary Agenda Item#2020.57 • • • ~ • Wellhead Protection /Vea f ~ • Page 131 of149 ~ Revision Date: Iscale: 1:12000 i J_ .. __ [!:aII-* ... --Darfmma, Pia..- Ina. SCHEDULE "A" TO BYLAW #2020. TOWNSHIP OF RAMARA RU RU SCHEDULE "A" TO BY-LAW 2005.85 MapJ9 AG AG ZONES NAP Natural Area Protection AG Agriculture RU Rural RCR Rural and Countryside Residential VR Village Residential vc Village Commercial VID Village Industrial "AG" to "AG-6" VIN Village Institutional H Hamlet NAP 1 NA SR Shoreline ResldenUal IND lndusb'lal DC Destination Commercial HC Highway Commercial MAE Mineral Aggregate Extraction w Waste Processing and Disposal AR Active Recreation PR Passive Recreation IR Indian ReseNation AG J II -- AG MunicipalBoundary Agenda Item#2020.57 NAP ---- • • • • • Wellhead Protection /Vea f Page 132 of149 Revision Date: Iscale: 1:12000 AG __ [!:aII-* ... Darfmma, Pia..- Ina. 11 -- Agenda Item #2020.58 BILL NO. 2020.58 THE CORPORATION OF THE TOWNSHIP OF RAMARA BYLAW NO. 2020. A BYLAW TO AMEND BYLAW 2013.43 BEING A BYLAW TO DECREASE THE RATE OF SPEED OF MOTOR VEHICLES OTHER THAN THE STATUTORY SPEED LIMITS WHEREAS the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 128 permits the council of a municipality, by bylaw, to prescribe the rate of speed for motor vehicles driven on a highway under its jurisdiction. AND WHEREAS the Council of the Township of Ramara desires to reduce the rate of speed along Fern Resort Road and Prospect Avenue; NOW THEREFORE, the Council of the Township of Ramara hereby enacts as follows: 1. That Schedule “A” of Bylaw 2013.43 be amended as follows: RATE OF SPEED – 40 km/hr HIGHWAY FROM TO Fern Resort Road 4432 Fern Resort Road Lake Couchiching west Prospect Avenue Fern Resort Road South end of road 2. THAT the penalties provided in Section 128(14) of the Highway Traffic Act shall apply to the offences against this Bylaw. 3. THAT this Bylaw shall come into force and take effect on the date of passing. BYLAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF SEPTEMBER 2020. ______BASIL CLARKE, MAYOR ______JENNIFER E. CONNOR, CLERK Page 133 of 149 Agenda Item #2020.58 SCHEDULE “A” TO BYLAW 2013.43 Rate Of Speed – 15 km/hr Highway From To Amending Bylaw South Island Trail East side of bridge West side of bridge Laguna Parkway North South side of bridge North side of bridge 2020.45 Bridge Rate Of Speed – 25 km/hr Highway From To Amending Bylaw Laidlaw Avenue Coopers Falls Road South end of road Rate Of Speed – 30 km/hr Highway From To Amending Bylaw Laguna Parkway South South side of south bridge North side of south 2020.45 Bridge bridge Paradise Boulevard East side of bridge West side of bridge Pine Tree Court South side of bridge North side of bridge Poplar Crescent East side of all three West side of all three 2017.14 bridges bridges Rate Of Speed – 40 km/hr Highway From To Amending Bylaw Amilia Drive Entire Road 2015.11 Anderson Avenue Courtland Street East end of road Bayshore Drive Entire Road 2015.11 Beach Drive Dock Road South end of road Beach Drive Dock Road Glen Ellen Drive Beaver Trail Entire Road 2015.41 Church Street Concession Road 4 South end of road Concession Road A Lakeshore Drive Sideroad 15 Concession Road B Sideroad 15 Lake Simcoe 2019.70 Concession Road 4 Highway 12 0.9 km east of Highway 12 Concession Road 12 Rama Road West end of road Dock Road Rama Road Lake Couchiching Fawn Bay Road Rama Road South end of road Fern Resort Road 4432 Fern Resort Road Lake Couchiching 2020. west Fernwood Lane Entire Road 2015.11 Gladstone Street Highway 12 Church Street Glen Ellen Drive Rama Road Beach Drive Glenrest Drive Entire Road 2015.11 John Street Entire Road 2015.11 Lake Avenue Entire Road 2015.11 Lakeshore Drive Simcoe Road Concession Road A Page 134 of 149 Agenda Item #2020.58 Lantern Court Entire Road 2015.11 Lavender Court Entire Road 2015.11 Louis Lane Entire Road 2015.11 Maple Gate Entire Road 2015.11 Mary Street Ramara Road 47 O’Neill Street Misty Court Entire Road 2015.11 Muley Point Road Highway 12 Concession Road 10 Oak Point Road Simcoe County bridge South End 2014.13 O’Neill Street Highway 12 West end of road Park Lane Entire Road 2015.11 Perry Avenue Concession Road 4 North end of road Peter Street Entire Road 2015.11 Poplar Crescent Entire Road 2015.11 Prospect Avenue Fern Resort Road South end of road 2020. Ramara Road 47 Highway 12 Railway tracks Ramara Road 47 Stone Gate Road Talbot River Bridge Ramara Road 47 Stephen Drive Stone Gate Road Ridge Avenue Entire Road 2015.11 Sandlewood Trail Entire Road 2015.11 Southview Drive Entire Road 2015.11 Sunrise Drive Sylvan Glen Drive East end of road 2019.18 Sylvan Glen Drive Mara Carden Boundary West end of road 2019.18 Thicketwood Place Entire Road 2015.11 Turtle Path Entire Road 2015.29 Rate Of Speed – 50 km/hr Highway From To Amending Bylaw Airport Road Rama Road Lake Couchiching Amilia Drive Glenrest Drive East end of road 2015.11 Ash Crescent Island Crescent South end of road Ash Drive Glen Ellen Drive Bedford Lane Balsam Road Highway 12 Creighton Street Bayshore Drive Sideroad 20 Thicketwood Place 2015.11 Bayshore Drive Thicketwood Place Park Lane 2015.11 Bayshore Drive Park Lane Bayshore Drive 2015.11 Bayview Avenue McRae Park Road The Canal Bayview Avenue The Canal Lake Simcoe Beach Drive Glen Ellen Drive Dock Road Beach Drive Dock Road South end of road Beaver Trail Lake Avenue East end of road 2015.41 Bedford Lane Glen Ellen Drive East end of road Benson Road Rama Road 0.35 km east of Willison Sideroad Birch Drive Fairgrounds Road North end of road Bluebird Street Sheba Drive East end of road Bonnie Beach Road Muley Point Road Sideroad 25 Bridge Street Queen Street West end of road Canal Road Mara-Eldon Boundary Talbot River Bridge Carol Ann Avenue Stephanie Drive West end of road Page 135 of 149 Agenda Item #2020.58 Caroline Street Courtland Street Henry Street Charles Lane Road Ellis Drive North end of road Concession Road A Lakeshore Drive Lake Simcoe Concession Road A Ramara Road 51 East end of road Concession Road 1 Lakeshore Drive Lake Simcoe Concession Road 2 Lakeshore Drive Lake Simcoe Concession Road 3 Lakeshore Drive Lake Simcoe Concession Road 4 County Road 47 0.1 km west of County Road 47 Concession Road 6 Highway 12 Railway tracks Concession Road 10 County Road 169 1.0 km east of County Road 169 Concession Road 10 Plum Point Road Fountain Drive Concession Road 10 Fountain Drive Lake Simcoe Concession Road 10 2.6 km east of Sideroad 15 County Road 169 Coopers Road Oakridge Drive North end of road Courtland Street Highway 12 Balsam Road Courtland Street Balsam Road Lake Simcoe Courtland Street Creighton Street South end of road Creighton Street Highway 12 Florence Avenue Creighton Street Highway 12 North end of road Dalrymple Drive Concession Road 9 South end of road Daniel Street McNeil Street McNeil Street Davy Drive Switch Road North end of road Doner Drive County Road 169 South end of road East River Road County Road 169 South end of road Edgehill Road Bonnie Beach Road East end of Road Ellen Street Creighton Street Wellington Street Ellis Drive Rama Road West end of road Ethel Drive Concession Road A South end of road Fernwood Lane Bayshore Drive East end of road 2015.11 Florence Avenue Creighton Street East end of road Florida Avenue Concession Road B North end of road Fountain Drive Plum Point Road Concession Road 10 Furniss Crescent Sideroad 15 East end of road Furniss Drive Concession Road B South end of road George Street Rama Road West end of road Georgina Drive Lakeshore Drive East end of road Glen Cedar Drive McRae Park Road The Canal Glencoe Beach Drive McRae Park Road North end of road Glen Ellen Drive Glen Ellen Drive 0.1 km North of Bedford Lane Glenrest Drive Amilia Drive Sideroad 20 2015.11 Graham Sideroad Rama Road West end of road Harrigan Drive County Road 47 Concession Road 3 Henry Street Highway 12 Caroline Street Hilltop Road McRae Park Road Lakeview Drive Holiday Road Lakeshore Drive East end of road Hopkins Bay Road Rama Road West end of road Island Crescent East River Road East end of road Page 136 of 149 Agenda Item #2020.58 James Street County Road 169 North end of road John Street Concession Road 7 Glenrest Drive 2015.11 Joyce Avenue McRae Park Road North end of road Joyland Drive McRae Park Road South end of road Kurtis Drive Balsam Road South end of road Laguna Parkway Simcoe Road Paradise Boulevard Lake Avenue Simcoe Road Poplar Crescent 2015.11 Lakeview Drive West of Hilltop Road East end of road Lantern Court Bayshore Drive North end of road 2015.11 Lavender Court Bayshore Drive South end of road 2015.11 Lawton Lane Plum Point Road West end of road Leo Crescent Edgehill Road South end of road Line 5 County Road 169 McMillan Sideroad Lone Birch Trail Simcoe Road West end of road Longford Mills Road Rama Road East end of road Lowanda Lane Monck Road South end of road Maple Avenue Rama Road West end of road Maple Gate Sandlewood Trail Bayshore Drive 2015.11 Maple Trail Lakeshore Drive Lone Birch Trail Mara-Rama Boundary Rama Road (Cty. Rd.44) the east end 2015.06, Road 2013.64 Margaret Orr Boulevard Concession Road 12 South end of road Martinelli Road Fairgrounds Road South end of road McMillan Sideroad Line 5 Switch Road McNeil Street Highway 12 South end of road McNiece Crescent County Road 169 South River Road McRae Park Road Bayview Avenue Hilltop Road McRae Park Road Glencoe Beach Drive Bayview Avenue Meadowcrest Lane Suntrac Drive South end of road Meadowlark Court Suntrac Drive North end of road Misty Court Bayshore Drive North end of road 2015.11 Oakpoint Road Quetton Street South end of road 2014.13 Oakridge Drive County Road 169 Pineridge Drive Oakridge Drive Pineridge Drive North end of road Ogden Street Creighton Street West end of road Old Grist Mill Road County Road 169 North end of road Old Indian Trail Pine Tree Court West end of road Old Indian Trail Pine Tree Court East end of road Old Udney Sideroad Monck Road South end of road Orkney Beach Road Orkney Heights East end of road Orkney Beach Road Orkney Heights Courtland Street Orkney Beach Road Orkney Beach Road North end of road Orkney Heights Highway 12 Orkney Beach Road Paget Street Creighton Street Wellington Street Paradise Boulevard Laguna Parkway West end of road Park Lane Bayshore Drive West end of road 2015.11 Park Lane Crescent Riverleigh Drive Riverleigh Drive Parkside Drive Lakeview Drive McRae Park Road Patricia Drive Courtland Street Paget Street Peter Street Glenrest Drive Concession Road 7 2015.11 Page 137 of 149 Agenda Item #2020.58 Pine Tree Court Poplar Crescent Old Indian Trail Pine Tree Court Poplar Crescent South end of road Pineridge Road Oakridge Drive South end of road Plum Point Road Highway 12 West end of road Poplar Crescent Laguna Parkway West end of road 2015.11 Poplar Lane Park Lane Crescent North end of road Portage Bay Road Rama Road West end of road Prophet Park Crescent Orkney Beach Road Orkney Beach Road Prospect Avenue Fern Resort Road South end of road 2020. Quarry Point Road Rama Road West end of road Queen Street Highway 12 Ogden Street Queen Street Ogden Street South end of road Rama-Dalton Boundary Monck Road 0.2 km north of Concession Road B-C Ramara Road 47 Simcoe Road Railway tracks Ramara Road 51 Highway 12 Talbot River Ridge Avenue Lake Avenue West end of road 2015.11 Ridge Avenue Lake Avenue East end of road 2015.11 River Road Plum Point Road East end of road Riverleigh Drive County Road 169 Poplar Lane Sandlewood Trail Bayshore Drive Bayshore Drive 2015.11 Shady Court Southwood Beach Road South end of road Sheba Drive Airport Road Bluebird Street Sideroad 25 Mara-Rama Boundary Road Monck Road (Cty. Rd. 2013.64 45) Singing Pines Road County Road 169 Rama Road Simcoe Road Ramara Road 47 West end of road Somerset Drive Rama Road West end of road South Island Trail Laguna Parkway West end of road South River Road County Road 169 South end of road Southview Drive Sideroad 20 West end of road 2015.11 Southwood Beach Road Rama Road East end of road Spy Glass Point Road Concession Road B South end of road Stephen Drive Ramara Road 47 Stephen Drive Stone Gate Road Ramara Road 47 West end of road Sunnydale Lane Suntrac Drive East end of road Sunrise Drive Sylvan Glen Drive East end of road 2019.18 Suntrac Drive Sideroad 15 Sideroad 15 Switch Road McMillan Sideroad 0.6 0.8 km west of Davy Bill 2019.74 Drive Sylvan Glen Drive Mara Carden Boundary West end of road 2019.18 Thicketwood Place Bayshore Drive West end of road 2015.11 Tivnon Lane Winchester Street North end of road Tuppy Drive Edgehill Road South end of road Turtle Path Poplar Crescent Poplar Crescent 2015.29 Victoria Park Road Williams Road North end of road Warren Road Lakeshore Drive East end of road Wellington Street Patricia Drive Paget Street West River Road County Road 169 North end of road Whelan Way East River Road West end of road Page 138 of 149 Agenda Item #2020.58 William Street Fountain Drive North end of road Willison Sideroad Benson Road Mara Rama Boundary 2013.64 Road Willow Court Poplar Crescent South end of road Winchester Street Tivnon Lane Patricia Drive Woodland Drive McRae Park Road South end of road Zachary Crescent Kurtis Drive Kurtis Drive Rate Of Speed – 60 km/hr Highway From To Amending Bylaw Airport Road Rama Road Bluebird Street Birch Drive Fairgrounds Road North end of road Concession Road A Highway 12 1.2 km west of Highway 12 Concession Road B-C County Road 169 East end of road Concession Road D-E County Road 46 West end of road Concession Road 2 Highway 12 0.6 km east of Highway 12 Concession Road 11 Highway 12 100 meters east of 4203 2019.66 Concession Road 11 Fern Resort Road Rama Road 4432 Fern Resort Road 2020. Fern Resort Road Prospect Avenue Lake Couchiching 2020. Rama-Dalton Boundary 0.2 km north of Concession Concession Road D-E Road B-C Ramara Road 47 Simcoe Road Stephen Drive 2020.50 Sideroad 15 500 meters south of 500 meters north of 2020.45 Concession Road 12 Concession Road 12 Switch Road Simcoe Road 44 (Rama Rd) McMillan Sideroad 2019.91 Switch Road 0.8 km west of Davy Drive Simcoe Road 169 2019.91 Rate Of Speed – 70 km/hr Highway From To Amending Bylaw McRae Park Road Muley Point Road Glencoe Beach Drive Ramara Road 47 Simcoe Road Stephen Drive 2015.06 Page 139 of 149 Agenda Item #2020.59 BILL NO. 2020.59 THE CORPORATION OF THE TOWNSHIP OF RAMARA BY-LAW NO. 2020. A BY-LAW TO PROVIDE INDEMNIFICATION FOR MEMBERS OF COUNCIL, LOCAL BOARDS AND EMPLOYEES (BEING A LEGAL INDEMNIFICATION BY-LAW) WHEREAS Section 8 of the Municipal Act, 2001, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to govern; AND WHEREAS Section 283(1) of the Municipal Act, 2001, as amended, provides that municipalities may pay any part of the remuneration and expenses of the members of any local board of the municipality and the officers and employees of the local board; AND WHEREAS Section 448(1) of the Municipal Act, 2001, as amended, provides that no proceeding for damages or otherwise shall be commenced against a member of council or an officer, employee or agent of a municipality or a person acting under the instructions of the officer, employee or agent for any act done in good faith in the performance of intended performance of a duty or authority under the Municipal Act, 2001, as amended, or a by-law passed under it or an alleged neglect or default in the performance in good faith of the duty or authority; AND WHEREAS Section 14 of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, provides that a municipality may pass a by-law to protect a member of council or of any local board thereof who has been found not to have contravened Section 5 of the Municipal Conflict of Interest Act, against any cots or expense incurred by the member as a result of a proceeding brought under the Municipal Conflict of Interest Act, and for paying on behalf of or reimbursing the member for such costs or expenses; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RAMARA ENACTS AS FOLLOWS: Page 140 of 149 Agenda Item #2020.59 1. DEFINITIONS In this By-law, unless a contrary intention appears, 1.1 "Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended; 1.2 "By-law" means this By-law, and as it may be amended from time to time; 1.3 "CAO" means the person within the Corporation's employ who holds the title of "Chief Administrative Officer," including his or her designates; 1.4 "Claimant" means a Member or Employee who claims coverage pursuant to this By- law; 1.5 "Corporation" means The Corporation of the Township of Ramara; 1.6 "Corporation's Legal Counsel" means legal counsel employed or retained to represent the interests of the Corporation, including his or her designates; 1.7 "Council" means the elected Municipal Council for the Corporation; 1.8 "Employee" means a person who is a salaried officer, or any other person in the employ of the Corporation or a Local Board or any person designated as an employee under this By-law, and includes a former Employee; 1.9 "Local Board" means an entirely Council-appointed municipal service board, transportation commission, public library board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special act with respect to the affairs or purposes of the Corporation; 1.10 "Member" means a person who is a Member of the Council of the Corporation or a Member of a Local Board, and includes a formerMember; 1.11 "Proceeding" means: (i) a civil proceeding or administrative action; (ii) a proceeding wherein a person is charged with an offence under the Criminal Code, R.S.C. 1985, c. C. 46 or the Highway Traffic Act, R.S.O. 1990, s. H.8, where the person is subsequently acquitted of the offence or charges are withdrawn; or, Page 141 of 149 Agenda Item #2020.59 (iii) a proceeding brought under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M. 50 (the “MCIA”), where the member of council or local board has been found not to have contravened Section 5 of the MCIA, or, (iv) A complaint brought pursuant to the Municipal Code of Conduct for the Corporation where the member of council or local board has been found not to have contravened the Code of Conduct, or, (v) a complaint to a professional association. But excludes: (i) any proceeding commenced by the Corporation; (ii) any proceeding in which the Corporation is a party adverse in interest; or (iii) any proceeding where the Corporation’s and the employee’s interest conflict. 1.12 'Third Party" means any person or authority including the Crown, other than a Member, an Employee, the Corporation or a Local Board. 2. INTERPRETATION RULES In this By-law, 2.1 wherever this By-law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances; 2.2 references to items inthepluralinclude the singular, as applicable; 2.3 the words "include", "including", "included" or "includes" are not to be read as limiting the phrases or descriptions that precede orfollow them; and 2.4 headings are inserted for ease of reference only and are not to be used as interpretation aids. 3. STATUTES Unless otherwise defined, specific references to statutes in this By-law are printed in italic font and are meant to refer to the current statutes applicable within the Province of Ontario as at the time this By-law was enacted, as they are amended and revised from time to time. Page 142 of 149 Agenda Item #2020.59 4. INDEMNITY FOR MEMBERS 4.1 The Corporation shall, subject to the provisions of this By-law, indemnify a Member in the manner and to the extent provided herein in respect of any Proceeding brought against such Member by a Third Party arising out of acts or omissions done or made by such Member in his or her capacity as a Member or by reason of being a Member, including, without limitation: 4.1.1 while acting in the performance of any statutory duty; and 4.1.2 while being or acting as an appointee, nominee, delegate, Member, officer or in any other capacity on a Local Board, Committee, Commission, Corporation, Association or other body pursuant to the direction, request or other authority of the Corporation. 4.2 Subject to the provisions hereof and Section 8 of this By-law, the Corporation shall indemnify a Member by: 4.2.1 assuming the cost of defending the Member in the Proceeding; 4.2.2 assuming the cost of representation where a Member is compelled to give evidence in a Proceeding by reason of being or having been a Member; 4.2.3 paying, either by direct payment or reimbursement, any expenses reasonably incurred by that Member as a result of the Proceeding; 4.2.4 paying any sum required in connection with the settlement of a Proceeding. 4.3 In the case of Proceedings under the Municipal Conflict of Interest Act, the following shall apply: 4.3.1 the indemnity subject to Section 8 of this By-law is limited to the costs and expenses reasonably incurred by the Member as a result of the Proceeding brought under thatstatute; 4.3.2 the Member is not entitled to any indemnity unless such Member is found not to have contravened Section 5 of that statute; 4.3.3 legal counsel approved by Council shall be retained by the Member directly; and 4.3.4 no payment or liability shall be made or assumed by the Corporation unless and until the conditions in Section 4.3.2 hereof have been met. Page 143 of 149 Agenda Item #2020.59 4.4 In the case of Proceedings pursuant to the Municipal Code of Conduct Act, the following shall apply: 4.4.1 the indemnity subject to Section 8 of this By-law is limited to the costs and expenses reasonably incurred by the Member as a result of the Proceeding brought under thatstatute; 4.4.2 the Member is not entitled to any indemnity unless such Member is found not to have contravened the Municipal Code of Conduct; 4.4.3 legal counsel approved by Council shall be retained by the Member directly; and 4.4.4 no payment or liability shall be made or assumed by the Corporation unless and until the conditions in Section 4.4.2 hereof have been met. 5. INDEMNITY FOR EMPLOYEES 5.1 The Corporation shall, subject to the provisions of this By-law, indemnify an Employee in the manner and to the extent provided herein in respect of a Proceeding brought against such Employee by a Third Party arising out of acts or omissions done or made by such Employee as an Employee or by reason of he or she being or having been an Employee, including while acting in the performance of a statutory duty. 5.2 Subject to the provisions hereof and Section 7 of this By-law, the Corporation shall indemnify an Employee by: 5.2.1 assuming the cost of defending the Employee in theProceeding; 5.2.2 assuming the cost of representation where an Employee is compelled to give evidence in a Proceeding by reason of being or having been an Employee; 5.2.3 paying, either by direct payment or by reimbursement, any expenses reasonably incurred by such Employee as a result of theProceeding; 5.2.4 paying any sum required in connection with the settlement of the Proceeding. 6. EXCLUSIONS 6.1 The obligations of the Corporation in this By-law shall not apply: 6.1.1 where the Proceeding has arisen out of the dishonest, fraudulent or malicious act of the Claimant, or his or her willful or reckless violation of any law, duty, Page 144 of 149 Agenda Item #2020.59 contract or obligation; 6.1.2 where the Claimant has failed to comply with the provisions of this By- law, unless strict compliance has been waived by a Resolution of Council; 6.1.3 to the extent by which the Corporation is prejudiced, where the claim is of a nature covered by an insurance policy or indemnity, whether placed or provided by the Corporation, the Claimant, a Local Board or otherwise, and there has been a policy violation or other act on the part of the Claimant prejudicing the right of indemnity under that policy or other right of indemnity; and 6.1.4 to any Claimant in respect of whom the Corporation has agreed to provide indemnity under a collective agreement or employment agreement and the rights of such persons and any union, association or other organization representing them shall be governed solely by such agreement and not by any of the provisions of this By-law, whether or not such agreement extends to any or all of the indemnities or other protections provided for in thisBy-law . 6.2 The liability of the Corporation under this By-law shall be reduced by the amount of indemnity paid pursuant to an insurance policy or indemnity as referred to in Section 6.1.3 of this By-law and, at the reasonable request of the Corporation, the Claimant shall assign to the Corporation his or her rights pursuant to that insurance policy or indemnity and to any amount payable under it. 6.3 Notwithstanding that the Corporation may have assumed the defence of a Proceeding or the cost thereof, it shall be deemed to have reserved its rights with respect to the applicability of any exclusions under this By-law. 6.4 The Corporation may waive the reservation of rights referred to in Section 6.3, subject to such conditions as the Corporation deems appropriate in the circumstances. 7. COVERAGE FOR LEGAL ADVICE The Corporation shall reimburse members of Council for expenses incurred in obtaining legal advice to determine whether the member has a pecuniary interest in a matter which is the subject of consideration by Council or a Board. The Corporation shall not reimburse a member of Council unless Council has approved the legal counsel retained by the member of Council. The Corporation shall also have the right to limit the amount which it will reimburse for legal costs and may require that any account for legal costs for which reimbursement is sought be assessed by a Court Assessment Officer prior to payment by the Corporation and Council shall have the right to review such accounts on a monthly basis upon request. Page 145 of 149 Agenda Item #2020.59 8. LIMIT OF COVERAGE The maximum amount for which the Corporation may be liable hereunder (inclusive of claims, costs, expenses and any other amounts) shall not exceed $5,000.00 in respect of any claim or combination of claims arising under the same circumstances, made against a Claimant, unless otherwise approved by Council. 9. IF CAO IS CLAIMANT If the Claimant is the current CAO, Council shall designate either the Clerk, or the Treasurer to carry out the duties under this By-law assigned to the CAO; however, any decisions that the CAO would make under the By-law are to be made by Council. 10. NOTICE TO CORPORATION 10.1 A Claimant shall promptly give written notice to the CAO of any threatened or actual Proceeding. Where a Claimant is served with any process or notice with espect to a Proceeding, he or she shall immediately deliver a true copy of the document to the CAO. 10.2 A Claimant shall, concurrently with giving notice under Section 10.1 of this By-law, provide the CAO with full written particulars of any other insurance or indemnity providing coverage to the Claimant. 10.3 In the event that a Claimant fails to give such notice or deliver such document or provide such full written particulars to the CAO within 15 days of receipt of such notice or such document by the Claimant, no indemnity will be provided to a Claimant pursuant to this By-law. 11. DETERMINATION OF COVERAGE Council shall determine whether or not a Claimant is covered under the provisions of this By-law. 12. LEGAL COUNSEL 12.1 The Corporation's Legal Counsel may, in appropriate cases, provide representation to a Claimant at the cost of the Corporation and the Corporation may take general carriage of the Proceeding where the Corporation and the Claimant are both parties to the Proceeding, and it is in the interests of the Corporation to do so. 12.2 The Corporation may apply for party, intervener or other status in any Proceeding with which a Claimant is or may be involved if to do so is in the interest of the Page 146 of 149 Agenda Item #2020.59 Corporation, and the Corporation's Legal Counsel may, in proper cases, also represent the Claimant, or take general carriage of the Proceeding, at the cost of the Corporation. 12.3 Despite any other provision of this By-law, any Legal Counsel retained by the Corporation's Insurer to defend a Proceeding shall also represent the Claimant with respect to that Proceeding unless the Corporation requires or consents to the retainer of different Legal Counsel. 12.4 Except as otherwise provided in this By-law, the Corporation shall have the right to select and retain Legal Counsel to represent theClaimant. 12.5 Notwithstanding Section 12.4, a Claimant may request in writing approval of Council of Legal Counsel of the Claimant's own choice, and such a request shall include the name and contact information of such Legal Counsel, together with a statement of his or her rates, fees, charges andexperience. 12.6 Council shall, within 15 working days from receiving the request under Section 12.5, approve the request or deny the request and appoint Legal Counsel of the Corporation's choice and, in either case, advise the Claimant in writing. 12.7 If a Claimant's request to use Legal Counsel of his or her own choice is denied, and the Claimant still wishes to use that Legal Counsel, such costs shall be the sole responsibility of the Claimant. 12.8 If, after 15 working days from receiving the request, Council has not advised the Claimant in writing of the disposition of his or her request, the Claimant may retain his or her choice of Legal Counsel to act on his or her behalf until the Corporation retains other Legal Counsel. 12.9 If the Corporation retains other Legal Counsel to act on behalf of the Claimant in place of Legal Counsel originally retained by the Member or Employee in accordance with Section 12.8, the Corporation shall, subject to the Solicitors Act, pay to the Claimant's Legal Counsel all of his or her reasonable legal fees and disbursements from the time that the Claimant retained such Legal Counsel until replaced by Legal Counsel retained by the Corporation. 12.10 Subject to the requirements of the Law Society of Ontario, all Claimant Legal Counsel in any Proceeding shall co-operate fully with, and provide all relevant information to, the Corporation's Legal Counsel. 12.11 Unless otherwise agreed to by Council, Legal Counsel retained by the Claimant shall render detailed accounts to the Claimant on a monthly basis for all services rendered in the immediately preceding month, and shall deliver such statements of account to both the Claimant and Council. Upon approval of such accounts by the Page 147 of 149 Agenda Item #2020.59 Claimant and the Council, the Corporation shall pay such accounts. Legal accounts may, at the request of the Corporation or the Claimant, be submitted for assessment in accordance with the Solicitors Act and the Corporation shall not be liable for payment of an account which has been assessed unless it has been given notice of and the full opportunity to participate in the assessment process. 12.12 If the Corporation retains other Legal Counsel to act on behalf of the Claimant in place of the counsel originally retained by the Claimant in accordance with the provisions of this By-law, the Corporation shall, subject to the Solicitors Act, pay to the Claimant's counsel all of his or her reasonable legal fees and disbursements from the time that the Claimant retained the counsel until replaced by Legal Counsel retained by the Corporation. 13. COSTS 13.1 No costs, expenses or other liability shall be incurred or assumed on behalf of the Corporation under any circumstances without the prior written approval of Council. 13.2 Where the Corporation has provided indemnity to a Claimant pursuant to this By- law, and costs are awarded in favour of that Claimant in the Proceeding, the Claimant shall assign the amount of the cost award and the right to collect it to the Corporation. 14. SETTLEMENTS The Corporation, at its option, shall have the right at its own expense to investigate any claim and may negotiate the settlement of any claim, or any aspect of any claim, including any non-monetary terms of settlement, as it deems expedient but the Corporation shall not commit the Claimant to any settlement without the Claimant's consent, unless the failure to settle results or may result in any continuing liability, including but not limited to vicarious liability, to which the Corporation may be exposed, but which would have been released by such settlement. In that case, the Corporation has the right to settle the claim to the extent required to obtain a release of the Corporation from liability and to decline indemnity of the Claimant if the Claimant fails to join in the implementation of the settlement as may be required by the Corporation. 15. COOPERATION A Claimant shall at all times co-operate fully with the Corporation and the Corporation's Legal Counsel and shall make available to the Corporation's Legal Counsel all information and documents relevant to the matter as are within the Claimant's knowledge, possession or control. A Claimant shall not do anything to compromise or prejudice the position of the Corporation in the Proceeding. A Claimant shall attend at all Proceedings, and all meetings related to the Proceedings, Page 148 of 149 Agenda Item #2020.59 when required to do so by operation of law or when requested to do so by the Corporation's Legal Counsel or Council. 16. RIGHTS TO TERMINATE OR AMEND The Corporation shall be entitled to terminate or change its obligations under this By-law by rescinding or amending the By-law provided that the rescinding or amendment of this By-law shall not prejudice the rights of a Claimant in respect of any Proceeding that arose prior to the rescinding or amendment. 17. BY-LAW NOT TO HAVE RETROACTIVE EFFECT This By-law only applies to claims for indemnity respecting Proceedings which are commenced after the effective date of this By-law. It does not apply to Proceedings that were commenced, continued or concluded prior to its coming into effect. 18. PREVIOUS BY-LAW 2008.27 By-law No. 2008.27 is hereby repealed in its entirety. 19. EFFECTIVE DATE This By-law shall come into force and take effect on the date of its final passing. READ FIRST, SECOND AND THIRD TIME AND PASSED THIS 28TH DAY OF SEPTEMBER 2020. ______BASIL CLARKE, MAYOR ______JENNIFER CONNOR, CLERK Page 149 of 149