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AGENDA Committee of the Whole Meeting 206 Toronto St. S., Markdale, ON MAY 20, 2015 - 1:00 pm
Page 1 Call to Order
2 Approval of Agenda
2.1 Approval Resolve That the Agenda of May 20, 2015 be approved as circulated, including any items added to the Agenda.
3 Disclosure of Pecuniary Interest
4 1:00 pm Scheduled Delegations
4.1 Ben Patey - East Eugenia Property Holders Association, Lakeshore Boulevard (Time Allotted: 15 Minutes)
8 - 9 4.2 Peter Ferguson - NEP Amendment Proposal (Time Allotted: 15 Minutes)
4.3 Direction That the following action(s) be requested in regard to the scheduled delegations from the meeting of May 20, 2015 as follows:
1. East Eugenia Property Holders Association ___ No Action: ___ Action as follows: 2. Peter Ferguson ___ No Action: ___ Action as follows:
Page 1 of 273 Committee of the Whole - 20 May 2015
Page 5 Presentation
5.1 1:30 pm to 2:00 pm - Adam Rickel and Jeff Damen, NextEra Energy - Oversize Permit Application That the following direction be provided regarding the presentation by NextEra Energy:
6 Public Utilities - Liaison: Mayor McQueen
6.1 No reports.
7 Transportation - Liaison: Councillor Desai
10 - 57 7.1 TES.15.07 Road Side Weed Eradication That Report TES.15.07 Road Side Weed Eradication be received; And That approval be granted for Option 3, for staff to work with the contractor to take a custom spraying approach to meet the needs of the Municipality’s roadside landscape, while working within the 2015 budget; And That support be provided to request staff to develop a weed and brush policy for 2016.
58 - 60 7.2 TES Memo 15.02 Civic Addressing (911) Process Review with Grey County That Report TES Memo 15.02 regarding Civic Addressing (911) Process Review with Grey County be received.
8 Building, Facilities and Services - Liaison: Councillor Silverton
61 8.1 Heritage Grey Highlands Request to waive building permit fees for renovation work at 25 Sydenham Street, Flesherton (Hickling House) That the request from Heritage Grey Highlands to waive the building permit fees for renovation work at 25 Sydenham Street, Flesherton (Hickling House) be:
9 Finance - Liaison: Deputy Mayor Halliday
9.1 No reports.
Page 2 of 273 Committee of the Whole - 20 May 2015
Page 10 Corporate - Liaison: Councillor Mokriy
62 - 82 10.1 Summary Report for Upcoming By-laws: (no action required)
2015-30 A By-law to assume for public use certain lands and dedicate the same as being part of the municipal road system - Milligan Drive Flesherton (Housekeeping Item)
2015-31 A By-Law to authorize the execution of a Tile Drainage Conveyance License Agreement with Cleon M. Martin and Rebecca Martin
83 - 87 10.2 Capstone - Grey Highlands Zero Emission People, and Grey Highlands Clean Energy projects (the “Projects”); Request for permission to conduct Pre- Construction Road Survey That the request from Capstone be:
88 - 115 10.3 CAO Memo 15.05 Markdale Centennial Gates (Item from May 4, 2015 meeting) That CAO Memo 15.15 regarding a follow up to the March 4, 2015 public meeting regarding the Centennial gates be received; And that staff be authorized to remove the existing Centennial Gates in Markdale; And that Terms of Reference be developed by staff for a Committee to be established to determine future possibilities for the use of the Centennial Gates; And that the Terms of Reference be forwarded to a Committee of the Whole Meeting on June 17, 2015; And that the recommendations of the Committee be presented to Council no later than October 31, 2015.
Page 3 of 273 Committee of the Whole - 20 May 2015
Page 116 - 137 10.4 CAO Report - Joint Building Services with West Grey and Chatsworth That the Joint Building Services report be received; And That the Joint Building Services Agreement be supported And That the By-law to authorize the Mayor and the Clerk to enter into the Joint Building Services Agreement be forwarded to the May 25, 2015 meeting.
138 - 142 10.5 Review of Boards and Committees By-law That the Boards and Committees by-law be amended as reviewed.
143 10.6 AMO 2015 Conference August 16 - August 18, 2015 - Municipal Delegation Requests - Deadline for submission requests is Monday, July 6, 2015 THAT the CAO complete the Ministry delegation requests for the 2015 AMO Conference (August 16 to 18, 2015) with the Ministries regarding the following topics, prior to the deadline date of July 6, 2015:
144 - 174 10.7 Multi Municipal Wind Turbine Working Group - Revised Draft Terms of Reference That the Multi Municipal Wind Turbine Working Group Revised Draft Terms of Reference be supported as presented.
175 - 213 10.8 Committee of Adjustment Decisions from May 13, 2015 Resolve That the Committee of Adjustment minutes of May 13, 2015 be received; And That the following action be taken on the decisions: 1. A02.2015 ____ No Action: ____ Appeal Decision 2. B04.2015 and B05.2015 ____ No Action: ____ Appeal Decision
214 - 215 10.9 Kimberley Hall Board Canada Day Celebration - Invitation to Council Members That the following Council members will attend the Kimberley Hall Board Canada Day Celebration from 12:00 pm to 3:00 pm:
Page 4 of 273 Committee of the Whole - 20 May 2015
Page 11 Planning - Liaison: Councillor Little
216 - 230 11.1 PL.15.26 Z07.2015 James Lot 43 Plan 828 (Artemesia) Lift of Holding Provision That Report PL.15.26 be received; And that the lift of holding provision for Lot 43 Registered Plan 828 (Artemesia) be approved; And that the by-law be forwarded for the appropriate readings. (Reference: Z07.2015 James)
12 Waste Management - Liaison: Councillor Harris
231 - 237 12.1 TES.15.06 Curbside Recycling and Waste Collection Contract Extensions That Report TES.15.06 regarding the Curbside Recycling and Waste Collection Contract Extensions be received; And That support be approved extending the contract with Mid-Ontario for the collection of curbside recycling for 1 (one) year, commencing July 1, 2015 to June 30, 2016 as outlined in Option 1 and detailed in Schedule A; And That support be approved extending the contract with Wilton Sanitation for the collection of curbside garbage for 1 (one) year, commencing July 1, 2015 to June 30, 2016 as outlined in Option 1 and detailed in Schedule B.
13 Consideration of External Committee Minutes
238 - 245 13.1 External Committee Meeting Minutes of: 1. Heritage Grey Highlands December 16, 2014; January 20, 2015; February 12, 2015 That the Minutes of the following External Committees be received: 1. Heritage Grey Highlands December 16, 2014; January 20, 2015; February 12, 2015
14 Consideration for a Staff Report
15 Notice of Motion
Page 5 of 273 Committee of the Whole - 20 May 2015
Page 16 Correspondence
246 - 257 16.1 Correspondence: County of Grey Beaver Valley Village Approval of Extension; Ministry of Community Safety and Correctional Services Funding for R.I.D.E. Grant Program for 2014-2015 fiscal year; Ministry of Community Safety and Correctional Services Office of the Fire Marshall – Grey Highlands in compliance with OFMEM Vulnerable Occupancy Registry; Beaver Valley Ratepayers Association Request for resolution of high water rates with KAT system; Ministry of Citizenship, Immigration and International Trade Call for Nominations for the Ontario Medal for Good Citizenship; Markdale Senior Citizens Zone 9 District Invitation to speak at June 24, 2015 meeting at 9:00 a.m. That Correspondence of May 20, 2015 be received and further that Staff recommendations made with regard to the correspondence items, including any additional direction given to Staff through discussion with an appropriate staff action or response awaited for report back to Committee or Council where indicated is supported.
17 Additions to Agenda
18 Meeting Dates
18.1 Dates:
Public Hearing originally scheduled for May 20, 2015 at 7:00 pm for OP01.2015 and Z04.2015 to be rescheduled to a date to be determined
Set meeting date for Water, Waste Water & Waste Diversion site tours for Council
2015-05-25 1:00 pm Council 2015-05-26 1:00 pm Police Services Board 2015-06-03 1:00 pm Committee of the Whole 2015-06-08 10:00 am Committee of the Whole - Planning 2015-06-10 5:00 pm Committee of Adjustment 2015-06-15 1:00 pm Council 2015-06-17 1:00 pm Committee of the Whole
Page 6 of 273 Committee of the Whole - 20 May 2015
Page 19 Public Hearing(s) - Commences at 5:00 pm
258 - 273 19.1 Z08.2015 Schieda Lot 189 and Part Lot 190, Concession 1 ETSR (former Artemesia)
19.2 Adjournment of Public Hearing(s) That the Public Hearing(s) be adjourned and that the meeting return to regular business.
20 Adjournment of Committee of the Whole
20.1 Adjourn Committee of the Whole Resolve, That Committee of the Whole adjourn until the Call of the Chair.
Time: ______
Page 7 of 273 Page 8 of 273 Page 9 of 273 Mu alfseasons H]gh]anCgrey?S ‘I?ep?zcefor
Staff Report To: Dan Best, Chief Administrative Officer § From: Chris Cornfield, Director of Transportation and CC] 1:, Environmental Services H?Tg%
Date: May 20, 2015
Report: TES.15.07
Subject: Road Side Weed Eradication
Recommendation:
That Council receive report TES.15.07 Road Side Weed Eradication;
And That Council approve option 3, for staff to work with the contractor to take a custom spraying approach to meet the needs of the Municipality’s roadside landscape, while working within the 2015 budget;
And That Council support staff to develop a weed and brush policy for 2016.
Background and Analysis:
The County of Grey invited the Municipality to participate in RFT-TS-41-15 Road Side Weed Eradication Tender. This tender was specifically drafted for the control of wild chervil based on its recent approval of the chemical TruvistTM Herbicide.
Two bids were received, bid results are as follows:
# Name of Bidder Total Bid (excl. Taxes) 1 Ground Effects Landscapes Non-Compliant 2 Green Stream Lawn & Vegetation Management Inc. $55,834.65
The Ground Effects Landscapes bid was non-compliant due to a missing bid deposit. The TES Department, in consultation with the CAO, recommends
Page 10 of 273 TES.15.07 2 Road Side Weed Eradication
the Green Stream Lawn & Vegetation Management Inc. bid is acceptable under Section 3.8 of the Municipality of Grey Highland’s A09-A-03 Procurement of Goods and Services Policy.
Co-operative Purchasing 3.8 Each Department Head, in consultation with the CAO, is authorized to participate with other local governments, or their agencies, on co-operative purchasing ventures or joint contracts, on the basis of the most acceptable overall tender, in keeping with the provisions of this policy.
The total cost for the Municipality of Grey Highland’s section of the bid is as follows:
Length in lane km Bid amount per km Cost (excluding taxes) 99.06 $105.15 $10,416.16
This is the first year the Municipality of Grey Highlands has gone to tender for spraying roadside weeds in an effort to gain better control over broad leaf noxious weeds growing within the road rights-of-way. For the tender, Grey County selected a recently approved chemical product called DupontTM TruvistTM Herbicide. It has been developed to control encroaching weeds and allow restoration of many native grasses on public roadsides. The product is applied as a spray and absorbed by both roots and foliage of plants, rapidly inhibiting the growth of susceptible weeds. The application is to eradicate the following noxious weeds: . Giant Hogweed . Thistle . Poison Ivy . Wild Chervil . Ragweed . Wild Parsnip
The herbicide also treats the following two weeds that have not been identified as noxious weeds:
. Golden Rod . Wild Carrot
The herbicide application window is May 1 – June 15 as the product needs to be applied to young, actively growing weeds. The tender incorporated a warranty requiring 80% reduction of weed populations, 1 year following application.
The product does not kill native grass species or damage trees. The vegetation in the roadside is sprayed from the edge of the shoulder to 0.3m of the property line. Grey Highlands’ rights-of-way are 20m in width, with approximately 6m of shoulder/ditch on each side of the road to be sprayed.
Page 11 of 273 TES.15.07 3 Road Side Weed Eradication
The contractor is to maintain a minimum 10m “no spray zone” around wells and sources of running water.
Due to the natural, rugged terrain of the Municipality’s rights-of-way, staff is uncertain on the effectiveness of this approach of spraying. It is a more suitable method for open highway roadsides and medians. Retractable spray boom equipment will leave many areas unsprayed, thus making it impossible to achieve total eradication of the noxious weeds. Spot spraying with a wand may be a more productive approach to treating all weeds.
In discussion with Green Stream, staff has determined that the Municipality would benefit from developing a weed management plan. Taking a methodical approach to weed control makes sense, and utilizes an efficient use of resources.
Operational Considerations:
There are three alternatives available for consideration:
1. Spray half of the weed-populated roadsides
If the Municipality were to spray all roadsides populated with wild chervil, which is approximately 198.3 lane km, it would cost $20,851 at the current bid price, before taxes. Staff felt the cost of this option would be too high, and therefore did not present it for consideration.
Selective spraying is effective in achieving significant stand reduction. The Municipality of Grey Highlands submitted 99.06 lane km in the scope of the County’s tender where wild chervil is most prevalent. This represents approximately half of the roadsides populated with wild chervil and other weeds that have been identified within Grey Highlands. This option would cost $10,416 before taxes.
The roadsides where wild chervil and other weeds are most prevalent have been identified as below:
Road From To Lane Km Sideroad 22B Grey Road 7 7th Line 5.38 7th Line Sideroad 22B Grey Road 30 26.02 9th Line Sideroad 19 Sideroad 4A 18.74 Sideroad 13A Grey Road 12 7th Line 11 Sideroad 7A Grey Road 12 East of the 7th Line 13.18 3rd Line D Sideroad 25 Euphrasia-St Vincent Townline 7.44
Page 12 of 273 TES.15.07 4 Road Side Weed Eradication
Old Mail Road 3rd Line D Euphrasia-St Vincent Townline 5.86 Blue Mountains-Euphrasia Townline Grey Road 13 Sideroad 10D 11.44 Total Lane Km 99.06 This option is not recommended. It exceeds the available budget and the retractable spray boom equipment will leave many areas unsprayed, thus making it impossible to achieve total eradication of the noxious weeds.
2. Spray roadsides within available budget
Reducing the amount of lane km sprayed (to approximately 55 lane km) would still be somewhat effective and certainly better than not spraying any weeds. This would allow the Municipality to stay on budget, and would cost approximately $5,783 before taxes.
Staff would then work on developing a weed and brushing policy, in collaboration with industry experts, to come into effect for 2016.
This option, although it stays within budget, is not recommended as retractable spray boom equipment will leave many areas unsprayed, thus making it impossible to achieve total eradication of the noxious weeds.
3. Work with contractor to take a custom spraying approach This would include spot spraying of weeds with a wand for 2015. Staff is confident that this approach would best suit the needs of the roadside landscape in Grey Highlands, and would be the most efficient use of resources. If all the weeds within a roadside are not treated, they will require further treatment to be fully eradicated. Staff would aim to stay within the available $6,621 budget.
Taking this approach would be the most effective way to evaluate the effectiveness of the herbicide product, and to use that information for developing the weed and brushing policy to improve operations for 2016 and in the future.
This option is the recommended option as it is a practical and responsible method to start treating roadside weeds.
Grey Highlands’ Strategic Plan:
The recommendation included in this Staff Report support the following goals identified in the 2013-2018 Strategic Plan:
Page 13 of 273 TES.15.07 5 Road Side Weed Eradication
3. Sustainable and Principled Growth: Ensuring that Grey Highlands remains a beautiful place to live. Guaranteeing this condition exists requires equal attention to the needs of both our urban and rural areas. Balancing this condition requires looking after the natural environment, and eradicating invasive weeds support this strategic priority.
5. Operational Excellence: working to continually improve operations to maintain a high quality of life in Grey Highlands.
Financial Impact:
Work would be funded from the 2015 Transportation and Environmental Services Operating budget. The approved budget for roadside grass/weed cutting is $15,200. $8,579 has been allocated to roadside grass cutting, leaving $6,621 for weed cutting/spraying. Therefore, the recommended option would have no additional financial impact to the Corporation.
Legal Impact:
There are no legal implications for the Municipality resulting from the proposed recommendation.
Staffing Impact:
There are no staffing implications for the Municipality resulting from the proposed recommendation.
Policies/Legislation:
Weed Control Act, R.S.O. 1990, c. W.5 A09-A-03 Procurement of Goods and Services Policy
Consultation:
Chief Administrative Officer Director of Finance Steve Ford, Green Stream Lawn & Vegetation Management Inc. Brian Rosentreter, Supplier of TruvistTM herbicide
Page 14 of 273 TES.15.07 6 Road Side Weed Eradication
Attachments:
County of Grey RFT-TS-41-15 Road Side Weed Eradication Tender Form as submitted by Green Stream Lawn Noxious Weeds in Ontario List
Completed by, Respectfully submitted by,
______Holly Cullihall, BBA Chris Cornfield Municipal Services Assistant Director of Transportation and Environmental Services
I concur with this report.
______Dan Best MPA, BA Chief Administrative Officer
Page 15 of 273
Purchase Tender
Request for Tender for the Provision of
Road Side Weed Eradication Supply and Apply DupontTM TruvistTM Herbicide
RFT-TS-41-15
Issue Date: April 10, 2015
Closing Date: April 23, 2015
Time: 2:00:59 p.m.
Location: Finance Department, 2nd Floor Grey County Administration Building 595 9th Avenue East, Owen Sound Ontario
Attention: Sharon Melville, Buyer
Late Tenders will not be accepted. The lowest or any Tender may not necessarily be accepted.
Page 1 of 35 Page 16 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Section 1 – General Conditions
1.1 Form of Tender All Tenders must be submitted upon the documents provided, duly completed and signed (where applicable), placed in a sealed envelope, clearly marked as to contents and must include: Bid/Performance Deposit Tender Form Schedule of Items & Prices Form Bidder Information Form Ability & Experience Form Subcontractor Form Grey County Health & Safety Form
1.2 Definitions Corporation: Refers to the Corporation of the County of Grey County/Owner: Refers to the Corporation of the County of Grey Bidder: Refers to any eligible entity providing a Tender Successful Bidder: Refers, in the event of an award, to the selected Bidder Contractor: Refers, in the event of an award, to the selected Bidder Tender(s): Offer or bid
1.3 Documents to be Received after Award Within 14 days of Award, the successful bidder will supply the following: Liability Insurance naming the Owner as an additional insured inclusive of a cross liability clause in the amount of $5,000,000 Proof of Vehicular Insurance Current WSIB clearance certificate Supervisor’s Name and Number Contractor’s Emergency Contact numbers (Constructor/Contractor)
1.4 Tender Closing Tender submissions must be received by the County of Grey Finance Department, 2nd Floor Administration Building, 595 9th Avenue East, Owen Sound, Ontario, N4K 3E3 on/before: April 23, 2015 2:00:59 PM local time The Corporation is not responsible for submissions which are not properly marked and/or delivered to any other location, than that specified herein.
Page 2 of 35 Page 17 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 1.5 Tender Opening Bidders are advised there will be a public opening for this Tender. Bids received, by the date & time of closing, will be opened at the County Building, 595 9th Avenue East, Owen Sound, ON at 2:05 p.m. local time, location to be determined. 1.6 Electronic Submissions Electronically transmitted submissions (facsimile, e-mail, etc.) will NOT be accepted for this Tender. 1.7 Inquiries / Clarification Inquiries must be received no later than 4:30 PM, three (3) business days prior to closing; otherwise a response may not be provided. 1.8 Late Submissions Tenders received after the official closing time will NOT be considered during the selection process. 1.9 Withdrawal or Alteration of Tender A Bidder who has submitted a Tender may submit a further Tender at any time up to the specified time and date for closing. The last Tender received shall supersede and invalidate all Tenders previously submitted by that Bidder for this contract. A Bidder may withdraw or alter the Tender at any time up to the specified time and date for Tender closing by submitting a letter bearing the Bidder's signature to the authorized representative who will mark thereon the time and date of receipt and will place the letter in the Tender box. The Bidder's name and the contract number shall be shown on the envelope containing such letter. Telegrams, facsimiles (faxes), or telephone calls will not be accepted. Tenders withdrawn under this procedure cannot be reinstated. 1.10 Retrieval of Official Document and Addenda Only documents found on the Owner’s website are to be considered the "official" documents. The Owner accepts no responsibility for the accuracy of information found on other websites. The onus is on the bidder to check this site to verify they have received all relevant information. Addenda will be posted on this website. Although the Owner will attempt to e- mail registered bidders to notify them when addenda are posted on the website, the Owner does not guarantee that e-mails will be sent to all bidders or received by all bidders. It is the Bidder's sole responsibility to check the website often to inform themselves of any posted addenda.
Page 3 of 35 Page 18 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 1.11 Examination of Tender Documents Each Bidder must satisfy himself / herself by a personal study of the Tender documents, by calculations, and by personal inspection of the site, respecting the conditions existing or likely to exist in connection with the proposed work. There will be no consideration of any claim, after submission of Tenders, that there is a misunderstanding with respect to the conditions imposed by this Request for Tender. Prices bid must include all incidental costs and the Bidder must be satisfied as to the full requirements of the Tender. No claims for extra work will be entertained and any additional works must be authorized in writing prior to commencement. Should the Bidder require more information or clarification on any point, it must be obtained prior to the submission of the Tender. 1.12 Completion of the Tender The Form of Tender including the Schedule of Items and Prices and other relevant documents, must be completed in hard copy. All entries shall be clear, legible and made in a non-erasable medium. Entries must be made for unit price, lump sum, extensions and totals as appropriate. All items shall be bid according to instructions contained within the Tender Documents. Alterations may be made provided they are legible and initialed by the Bidder's signing officer. Tenders which are incomplete, conditional, illegible or obscure, or that contain additions not called for, reservations, erasures, alterations incorrectly submitted, or irregularities of any kind may be rejected. In the event of a discrepancy between the unit price and the total price, the unit price shall prevail. 1.13 Omissions, Discrepancies and Interpretations Should a Bidder find omissions from or discrepancies in any of the Tender Documents or should the Bidder be in doubt as to the meaning of any part of such documents, the Bidder shall notify the main contact without delay. If the designated person considers that a correction, explanation or interpretation is necessary or desirable an addendum will be issued to all who have received Tender Documents. No oral explanation or interpretation will modify any of the requirements or provisions of the Tender Documents. 1.14 Addenda If required by the Owner(s), addenda will be distributed to all bidders registered as a document taker for this bid. Addenda will be distributed using the latest contact information as provided by the Bidder. It is the Bidder’s responsibility to
Page 4 of 35 Page 19 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication notify the Corporation of any changes to their email or mailing address. It is the Bidder’s ultimate responsibility to ensure all addenda have been received.
Bidders shall be required to acknowledge receipt of addenda on the Bidder’s Information/Addenda Acknowledgement Form contained in the bid document. 1.15 Acceptance or Rejection of Tenders 1.15.1 The Owner(s) reserves the right to reject any or all Tenders and to waive formalities as the interests of the Owner(s) may require without stating reasons therefore. Notwithstanding and without restricting the generality of the statement immediately above, the Owner(s) shall not be required to award and accept a Tender, or recall the Tenders at a later date: a) When only one (1) Tender has been received; b) Where the lowest responsive and responsible bidder substantially exceeds the estimated cost of the goods or service; c) When all tenders received fail to comply with the specifications or tender terms and conditions; d) Where a change in the scope of work or specifications is required the lowest or any Tender will not necessarily be accepted. The acceptance of a Tender will be contingent upon an acceptable record of ability, experience and previous performance. e) If the Bidder has abandoned, defaulted, or caused the cancellation of, any contract within the last two years with the municipality, the bid will be rejected. f) If the Bidder is currently involved in litigation with the Corporation over a tender issue, their Tender may be rejected. 1.15.2 The Owner(s) shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Bidder by reason of the acceptance or the non-acceptance by the Owner(s) of any tender or by reason of any delay in the acceptance of a Tender except as provided in the Tender document. 1.15.3 Each tender shall be open for acceptance by the Owner(s) for a period of sixty (60) calendar days following the date of Closing. 1.15.4 Where the Tender documents do not state a definite delivery/work schedule and a submitted tender is based on an unreasonable delivery/work schedule, the Tender may be rejected.
Page 5 of 35 Page 20 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 1.16 Tender Award Procedures Unless stated otherwise the following procedures will apply: 1.16.1 The Owner(s) will notify the successful Bidder that his/her Tender has been accepted, within sixty (60) calendar days of the Tender closing. 1.16.2 Notice of acceptance of Tender will be by written notice. 1.16.3 Immediately after acceptance of the Tender by the Owner(s), the successful Bidder shall provide the Owner(s) with any required documents within fourteen (14) calendar days of the date of notification of award. 1.17 Indemnification The successful Respondent shall indemnify and hold harmless the Corporation, its officers and employees from and against any and all liabilities, claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, directly or indirectly arising out of the project attributable to bodily injury, sickness, disease or death or to damage to or destruction of tangible property caused by any acts or omissions of the Respondent, its officers, agents, servants, employees, customers, invitees or licensees, or occurring in or on the premises or any part thereof and, as a result of activities under this Proposal. Neither the Owner nor the Successful Respondent shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence or for the negligence of anyone other than their own officers, agents, servants, employees, customers, invitees or licensees.
This indemnity shall survive the extension, expiration or early termination of this Agreement and continue in full force and effect.
1.18 Character and Employment of Workers The successful Bidder shall employ only orderly, competent and skilful workers to ensure that the works are carried out in a respectable manner. In the event that any person employed by the successful Bidder in connection with the work arising out of this Tender gives, in the sole opinion of the Owner(s), just cause for complaint, the successful Bidder upon notification by the Owner(s) in writing, shall not permit such person to continue in any future work arising out of this work.
Page 6 of 35 Page 21 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 1.19 Ability and Experience It is not the purpose of the Corporation of the County of Grey to award this contract to any Bidder who does not furnish satisfactory evidence of possessing the ability and experience in this class of work and sufficient capital and plant resources to ensure acceptable performance and completion of the Tender. The following criteria will be utilized by the Corporation to determine whether a Bidder is qualified to undertake the award; a) The Bidder’s ability and agreement to supply the product b) The Bidder’s ability to work effectively with the Corporation staff and other representatives c) The Bidder’s history with respect to providing satisfactory results and acceptable cooperation d) The Bidder must have three years’ experience in this class of work A Bidder is invited to provide any additional information it determines will assist the Corporation in using the aforementioned criteria. The Corporation may reject the lowest or any submissions if after investigation and consideration, the Corporation concludes, in its opinion, that the Bidder is not able to supply the product in a manner satisfactory to the Corporation. 1.20 Limited Liabilities The Owner’s liability under this Tender shall be limited to the actual goods/services ordered and provided. 1.21 Bidder Expense Any expenses incurred by the Bidder in the preparation of the Tender submission are entirely the responsibility of the Bidder and will not be charged to the Corporation. 1.22 Protection of Work and Property The successful Bidder shall provide continuous and adequate protection of all work from damage and shall protect the Owner's property from injury or damage arising from or in connection with this work. The successful Bidder shall make good any such damage or injury. 1.23 Regulation Compliance and Legislation The successful Bidder shall ensure all services provided in respect to this Tender are in accordance with, and under authorization of all applicable authorities, Municipal, Provincial and Federal legislation.
Page 7 of 35 Page 22 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 1.24 Assignment of Contract The successful Bidder shall not assign transfer, convey, sublet or otherwise dispose of this contract or his/her right, title or interest therein, or his power to execute such contract, to any other person, company or corporation, without the previous consent, in writing, of the Corporation’s officials, which consent shall not be unreasonably withheld.
1.25 Cancellation 1.25.1 The Owner(s) reserves the right to immediately terminate the Contract at its own discretion, including but not limited to such items as non- performance, inferior quality work, pricing issues, etc.
1.25.2 If the successful Bidder should neglect to execute the work properly or fail to perform any provision of this Award, the Owner(s), after three (3) business days written notice to the successful Bidder, may, without prejudice to any other remedy in existence, make good such deficiencies and may deduct the cost thereof from any payment then and thereafter due to the successful Bidder. Continued failure of the successful Bidder to execute the work properly shall result in a termination of Contract. The Owner(s) shall provide written notice of termination. 1.25.3 The Owner(s) may elect to terminate the Contract if the original terms and conditions are significantly changed, giving thirty (30) calendar day’s written notice to the successful Bidder. 1.25.4 Either party may terminate the Contract by giving the other party sixty (60) calendar day’s written notice, giving reasons acceptable to the other. A period of less than sixty (60) calendar days to terminate the contract may be negotiable if mutually agreeable among the parties involved in the Contract. 1.25.5 Failure to maintain the required documentation during the term of this contract may result in suspension of the work activities and/or cancellation of the contract.
1.26 Negotiation The Corporation reserves the right to negotiate with the lowest compliant bidder. 1.27 Governing Laws This Tender and subsequent contract/agreements will be interpreted and governed by the laws of the Province of Ontario.
Page 8 of 35 Page 23 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 1.28 Freedom of Information Any personal information required on the Tender Form is received under the authority of the Municipal Freedom of Information and Protection of Privacy Act, 1989, RSO, 1990. This information will be an integral component of the Tender submission. All written Tenders received by the Corporation become a public record, once a Tender is accepted by the Owner(s), all information contained in them is available to the public, including personal information. Questions about collection of personal information and the Municipal Freedom of Information and Protection of Privacy Act, 1989, R.S.O. 1990, Chapter M.56, as amended, should be directed to: Deputy Clerk/Records Manager, County of Grey 595 9th Avenue East, Owen Sound, Ontario N4K 3E3 Telephone 519-376- 2205 The Deputy Clerk has been designated by the Corporation of the County of Grey Council to carry out the responsibilities of the Act.
Page 9 of 35 Page 24 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Section 2 – Specific Conditions page 2.1 Award It is the intention of the Corporation to award the work of this Tender to one (1) Contractor. The lowest or any Tender may not necessarily be accepted. Bidders are advised that only the successful Bidder(s) will be notified of this award. The lowest or any Tender may not necessarily be accepted. The Contractor shall bid unit prices as follows: The Contractor shall bid as per the unit prices identified in the Schedule of Items and Prices. The unit rate shall include an experienced operator and all other requirements to complete the scope of work.
2.2 Term of Contract The schedule of work for this contract shall be as follows: 2015 season. The Corporation may elect to extend the term for three (3) additional one (1) year periods until end of season 2018 pending mutual agreement of the Contractor and the Corporation. Any rate increase will be based on the Ontario Consumer Price Index (‘All Items’) as ended on January 31 of the same year.
2.3 Pricing No alterations, additions or deletions from the accepted Tender price will be permitted without the prior written approval of the Owner(s).
2.4 Subcontractors a) Bidders shall submit a list of their proposed Subcontractors containing the names of all of the Subcontractors which the Bidder proposes to use to perform work under the Contract and the division or section of Contract Work to be completed by each Subcontractor.
b) Bidders shall ensure that all Subcontractors selected and named have experience in the Subcontract work described, have submitted their Subcontract prices in strict accordance with the Bid Documents, and that they will execute their work with competence and within the required time frame.
c) Bidders shall ensure that all Subcontractors submitting bids shall be actively engaged in work of the type described and shall be able to show proof upon request by the Owner of previous work of similar nature performed by them.
Page 10 of 35 Page 25 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication
d) Bidders shall not show “Own Forces” in their list of proposed Subcontractors, except where the Bidder’s intent is to employ the Bidder’s own qualified on- staff personnel to perform such work.
e) Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of proposed Subcontractors. One Subcontractor name shall be indicated for each Subcontractor category.
f) Bidders shall list in their list of proposed Subcontractors, all of the Subcontractors who will perform work on the Project.
g) No names, either of Subcontractors or “Own Forces” may be changed after submission of the list of proposed Subcontractors unless prior written approval is received from the Owner. Such approval will only be considered after receipt by the Owner of a written request for the change by the Bidder with a full explanation of the reasons for the requested change and a letter from the previously named Subcontractor agreeing to withdraw its bid with no consequences to the Owner.
h) The Owner reserves the right to reject a proposed Subcontractor for reasonable cause. Upon such rejection, the Bidder will be required to propose an alternate Subcontractor and to identify any resulting change to the Bid Price. This change can affect the status of the low Bid, and may result in a different Bid becoming low. 2.5 Performance Any undue delays and/or costs incurred by the Corporation due to inefficiencies in performance on behalf of the successful Bidder shall be deemed to be the responsibility of that Bidder and as such will be deducted from the payment for work and or the performance deposit.
2.6 Failure to Perform Failure of the Contractor to perform in accordance within listed specifications will void the contract.
Page 11 of 35 Page 26 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 2.7 Bid Deposit Each Bidder shall include a Bid Deposit in the form of a Certified Cheque, or Bank Draft made payable to the Corporation of the County of Grey and drawn on a Canadian Chartered Bank, Trust Company or Credit Union located in Ontario, in the amount of: Ten percent (10%) of bid amount (rounded up to the nearest cent) The Bid Deposit shall be forfeited should the successful Bidder choose not accept the award of the contract or fail to return to the Corporation, within fourteen (14) calendar days of receipt of the acceptance of the award, the General Liability Insurance, WSIB certificate of clearance or any further requested securities. The Bid Deposits of all Bidders, except the most feasible, second and third most feasible Bidders, will be returned within Twenty-One (21) calendar days of the Tender Closing. The Bid Deposit of the second and third most feasible Bidders will be returned when the successful Bidder has provided the required documentation, to the Corporation.
Where any of the unsuccessful Bidders have not been notified within sixty (60) calendar days after Tender closing, that their Tenders have been accepted, application may be made to the Corporation for the return of the deposit, where applicable.
The deposit from the successful bidder will be held as a Performance Bond and returned 45 (forty five) days after the final inspection of the work is performed. Failure to perform/complete the contract will forfeit the deposit.
Failure to include the bid deposit with your submission will result in rejection of the bid.
2.8 Extra Work No work shall be regarded as extra work, unless it is ordered in writing by the Owner(s) and with the agreed price for the same specified in said order, provided said price is not otherwise determined by this Tender. A statement of the cost of extra work shall be made within thirty (30) calendar days after the completion of the said extra work.
Page 12 of 35 Page 27 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 2.9 Harmonized Sales Tax (Hst) H.S.T. is applicable to the item(s) listed, however, is not to be included in the tendered unit cost. Please tender all prices “HST Extra”.
2.10 Terms Of Payment Unless otherwise stated herein, the Corporation/Owner’s normal terms of payment will be net thirty (30) calendar days from the receipt of goods/services or the date of invoice, whichever occurs later.
Invoices shall be forwarded to each of the Owners individually:
Corporation of the County of Grey
Town of The Blue Mountains
Township of Southgate
2.11 Liability Insurance Commercial General Liability The successful bidder shall, at its expense, obtain and keep in force during the term of this Agreement, Commercial General Liability Insurance satisfactory to the County of Grey, including the following and underwritten by an insurer licensed to conduct business in the Province of Ontario:
(a) A limit of liability of not less than $5,000,000/occurrence (b) Each Owner shall be named as an additional insured (c) The policy shall contain a provision for cross liability in respect of the insured (d) Contractual Liability – both oral and written (e) Employer’s Liability & Contingent Employer’s Liability (f) Non-owned automobile coverage with a limit of at least $2,000,000 including contractual non-owned coverage (g) Products and completed operation coverage (Broad Form) with an aggregate limit not less than $5,000,000 (h) That 30 days prior notice of an alteration, cancellation or material change in policy terms which reduces coverages shall be given in writing to the Owner. The contractor shall also obtain and keep in force, during the term of this Agreement, automobile liability insurance under a standard Automobile policy with limits of not less than $2,000,000 in respect of each owned or leased vehicle.
Page 13 of 35 Page 28 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 2.12 Certificate Of Insurance Within 14 days of Award, the successful Bidder shall provide the Owners with a Certificate of Insurance acceptable to the Owners and, if requested by the Owners, certified copies of the insurance policies. The Certificate of Insurance must comply with the insurance requirements outlined in this Tender and may be on the Owner’s form of Certificate of Insurance. If the Certificate of Insurance is provided in a non-original form (e.g. a facsimile, photocopy or scanned electronic copy), the Bidder acknowledges and agrees that the Owners are fully entitled to treat any such Certificate as an original and that the Bidder will be responsible for the accuracy and validity of the information contained therein.
2.13 Workplace Safety & Insurance Board Each Bidder confirms that they have Health and Safety policies and procedures in place with respect to the performance of the specific services which it is responsible to perform under this Agreement, and agrees to provide those policies and procedures to the County upon request.
Each Bidder shall review and sign the Grey County Contractor Health and Safety Agreement.
Each Bidder is responsible for all costs associated with its workplace accidents and all premiums or assessments owing to the Workplace Safety and Insurance Board (WSIB), or insurance company if applicable for its own employees. The successful Bidder shall, throughout the Term of the Agreement, provide the County with evidence of coverage for itself, its employees, subcontractors and subcontractors’ employees under the Workplace Safety and Insurance Act or insurance policy.
The successful bidder shall comply with the Occupational Health and Safety Act (Ontario), the Workplace Safety and Insurance Act (Ontario), the Human Rights Act (Ontario), and applicable regulations under such legislation as well as the County’s workplace health and safety policies and all other legal obligations with respect to worker health, safety and treatment and the Contractor hereby agrees to indemnify and hold the County, its elected officials, officers, employees, representatives and agents harmless from and against any and all liabilities, claims, demands, suits, losses, fines, surcharges, damages, costs and expenses (including legal fees and disbursements) arising out of the Contractor’s failure to comply with such laws, regulations, policies and obligations.
Page 14 of 35 Page 29 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication The successful Bidder shall provide the Owner(s) with a copy of the Workplace Safety & Insurance Board’s Clearance Certificate indicating the successful Bidder’s good standing with the Board (a) Upon award; (b) Prior to the expiration of the contract Period; and (c) At any other time when requested by the Owner(s).
2.14 Daily Activity Logs The Owner recommends that the successful Bidder keep daily activity logs including but not limited to the location of service, date of service, maintenance details, weather conditions and any other information deemed to be relevant to protect itself against potential litigation. The Owners require a standard log form to be completed daily. The form will be brought forward at the pre-construction meeting. 2.15 Basis For Payment The Owner shall reimburse the Contractor for each unit listed within the Tender. No allowance shall be made for travel time to and from the job site. 2.16 Damage By Contractor The Contractor shall make financial compensation before the end of this contract at his own expense for any damage caused by his work to any material, equipment, and property located on the project.
2.17 Tender Selection And Evaluation Criteria The acceptance of a Tender will be contingent upon, however not limited to, the following considerations: Quoted Price; Ability to meet or exceed all specifications and requirements; Compliance with the Tender process; Ability and Experience.
Page 15 of 35 Page 30 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 2.18 Inquiries All inquiries concerning the Tender process and results are to be directed to:
Specification Contact Tender Process Contact Michael Kelly Sharon Melville, Buyer County of Grey County of Grey 519-372-0219 ext. 1246 (519) 372-0219 ext. 1244 595 9th Avenue East 595 9th Avenue East Owen Sound, Ontario N4K 3E3 Owen Sound, ON N4K 3E3 [email protected] [email protected]
Bidders shall submit inquiries in writing, such as email, to the “Main Contact” with a copy to the “Supplementary Contact”. Questions of clarification will be answered individually, but response(s) to any question that modifies the scope of the Request for Quotation will be circulated in writing as a Request for Quotation Addendum to all registered document takers who have received the Request for Quotation document from the Corporation. Inquiries must be received no later than 4:30 PM, THREE (3) business days prior to closing; otherwise a response may not be provided.
Page 16 of 35 Page 31 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Section 3 – Specifications and Compliance The work specified in the Contract will be performed in accordance with the following Provisions, Plans, Specifications and Conditions. 3.1 General Conditions OPSS.PRO 100, MTO General Conditions of Contract, April 2010. 3.2 Pesticide Act Under the Integrated Pest Management (IPM) this work would be categorized as Public Works as per the Guidelines for herbicide approval. 3.3 Pre-Construction Meeting The successful Bidder shall attend a pre-construction meeting at which time all items and requirements relating to RFT-TS-41-15 shall be discussed. 3.4 Traffic Control The Work for shall include the traffic control required to support the operations. All traffic control shall meet Book 7 of the Ontario Traffic Manual (OTM). 3.5 Protection of Public Traffic The Contractor shall carry out the Work during daylight hours unless prior approval is received from the Contract Administrator. 3.6 Hours of Work Work may take place during daylight hours Monday through Saturday in accordance with local noise by-laws. No work shall take place on any given Sunday. 3.7 Permit to Take Water The work may involve the taking of surface or ground water. The taking of surface or ground water in quantities in excess of 50,000 litres per day per source for these operations requires a “Permit to Take Water”, which the Contractor is required to obtain from the Ministry of the Environment. Alternatively, if the Contractor wishes to draw water from a municipal water works, it is the Contractor’s responsibility to obtain permission to do so from the Municipality. The Contractor is also advised that the transportation of water from one source to another is forbidden, in order to prevent the potential spread of zebra mussels and other exotic organisms. 3.8 Liquidated Damages (Completion Date) Many maintenance activities have a direct impact on the safety of the travelling public. The Contractor is advised that the response time in mobilizing and completing operations is of primary importance. The Contractor shall ensure that his activities reflect that importance.
Page 32 of 273 Page 17 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication It is agreed by the parties to the Agreement that when the Contractor fails to finish or complete any part of the Work within the relevant time period as set forth in the Contract Documents, the Owner will sustain a loss or damage. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Owner will suffer in the event of and by reason of such failure, the parties hereto agree that the Contractor will pay to the Owner Liquidated Damages in the amount of two hundred dollars ($200.00) for every calendar day the Work is not completed after June 15 of the contract year. 3.9 Performance Evaluations The Owner shall evaluate the performance of the Contractor a minimum of once per year and when the Contract is completed or terminated. The Contractor’s performance shall be rated on a scale of 0-4 (0-poor, 1-below standard, 2- standard, 3-above standard, 4-excellent) under the following categories: a) Administration b) Adherence to Specifications and Special Provisions c) Public Relations d) Condition and Sufficiency of Equipment e) Safety Procedures f) Organization, Co-ordination and Efficiency g) Environmental Compliance The performance rating shall be determined based on the ‘everyday’ performance of the Work, quality assurance test(s), letters, and Written Instructions to the Contractor. A copy of the completed Contractor’s Performance Report shall be sent to the Contractor. If the Contractor disagrees with any portion of the Contractor’s Performance Report, he shall advise the Contract Administrator of his specific objections, in writing, within twenty (20) days of the date of the report. Once an objection is received the Contract Administrator shall advise the Contractor, in writing, within twenty (20) days of the date of the objection if the objection has been dismissed and the reasons or affirm all changes to the Contractor’s Performance Report. If the Contractor is evaluated as poor or below standard in three categories or very poor in two areas, the Owner may disqualify the Contractor from Bidding on County Contracts for a period of up to two years from the date the Contract was completed or terminated. The length of the termination will depend on the nature of the unsatisfactory performance. If the Contractor is evaluated as poor or below standard in two or more evaluation categories on two Contractor’s Performance Reports, of different contracts, within twelve months, the Owner may disqualify the Contractor from
Page 33 of 273 Page 18 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Bidding on County Contracts for a period from three months to two years from the date of the completion or termination of the last Contract. The length of the termination will depend on the nature of the unsatisfactory performance. The decision of the Owner in respect of the Contractor’s Performance Report shall be final and binding for all purposes. 3.10 Waste and Excess Materials Management for Maintenance The Contractor is responsible for the management and disposal of waste and excess materials resulting from the Work, limited to non-hazardous solid industrial waste, and excludes waste and excess materials generated by the Contractor in providing contracted services as well The Contractor is also responsible for any conditions that may be imposed by statute, or any obligations that may be imposed by existing Certificate(s) of Approval the Contractor may hold. 3.9.1 General Conditions Where excess material is managed by disposal as non-hazardous solid industrial waste, it may be transported by a Contractor without an MOE Certificate of Approval for a Waste Management System, provided that waste management is an incidental part of other Work being performed under the Contract, and that the waste is transported from the Work area directly to a landfill site that has an MOE Certificate of Approval for a Waste Disposal Site, that is valid for non-hazardous solid industrial waste. Where waste management is the only Work being performed under the Contract, the waste must be transported by a Contractor with an MOE Certificate of Approval for a Waste Management System that is valid for: non-hazardous solid industrial waste; the entire period of work; the entire haul route; and the equipment to be utilized. Where waste management is the only Work being performed under the Contract such that it must be transported by a Contractor with an MOE Certificate of Approval, a copy of the weigh ticket or receipt provided by the Disposal Site Operator shall be submitted to the Contract Administrator on a weekly basis. Where such documentation is not available, written confirmation that the waste has been received shall be obtained from the Disposal Site Operator, and provided to the Contract Administrator, a maximum of two (2) weeks after disposal activities are complete. Where possible, the Contractor should endeavor to divert excess material from disposal as waste to landfill, through the application of the 3R’s (reduction, re-use and recycling) of waste management. For example, some components of litter such as motor vehicle parts may have value to metal, rubber or battery recyclers.
Page 34 of 273 Page 19 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication The Contractor is responsible for complying with all notification requirements and obtaining all approvals, releases, and agreements as necessary for the management of waste and excess material. All excess materials shall be managed so as to prevent their entry to water bodies and such sensitive areas as may be identified by the Contract Administrator. Material that is found during Contract operations to be contaminated by a pollutant shall be managed as directed by the Contract Administrator. Where a waste or excess material is a mixture of materials, it shall be managed in compliance with the most stringent conditions associated with any of the constituent wastes or excess materials. Any excess material which is to be used in maintenance shall not have any obvious evidence of contamination beyond that which would normally be expected. 3.11 Environmental Protection General The Contractor is responsible for protection of people, property and the natural environment from impacts and damage that may result from this Contract. Environmental protection during maintenance operations shall: a) comply with commitments and conditions of environmental approvals, permits exemptions, agreements, reports, and clearances provided by the Owner and identified in the Contract; b) comply with any other formal environmental approvals, permits, exemptions, agreements, reports and clearances that must be procured by the Contractor in order to perform the Work; and c) be integrated with environmental and other requirements specified in the Contract. Environmental protection shall include, but not be restricted to the control of materials, equipment and maintenance operations in order to avoid and minimize: a) direct physical damage; b) sediment, noise, vibration, dust, chemical, and other emissions; and c) Interference with local use, access and passage. Such control shall include but not be restricted to selection and management of: a) materials and equipment including the management of excess and contaminated materials; and b) timing and duration of the Work.
All environmental protection requiring the construction of physical protection measures shall be built in accordance with the Contract.
Page 35 of 273 Page 20 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication The Contractor shall be in strict compliance with the requirements of environmental legislation regarding spills, discharges, emissions, releases or escapes of a material, pollutant, contaminant, deleterious substance or dangerous good under the control of the Contractor or that are a result of the Contractor’s operations. The requirements include: a) immediate containment of the material, pollutant, contaminant, deleterious substance or dangerous good; b) immediate notification of the incident to the proper authority; and c) cleanup and restoration of the environment to pre-incident conditions. The Contractor shall also be reasonable for informing the Contract Administrator forthwith of: a) an incident when it occurs; and b) any actions taken or intended to be taken by the Contractor regarding the incident. 3.12 General Operational Guidelines Or Constraints It is clearly understood by the Contractor that the Contract Administrator will identify the specific locations and the extent of the Work to be completed under the Contract. 3.12.1 The Contractor shall provide a designated telephone number where they can be contacted twenty-four (24) hours a day seven (7) days a week. The response time for the completion of an item shall begin at the time the Contract Administrator calls the designated telephone number the first time, whether the Contractor answers the telephone call or not. 3.12.2 Whenever the Contractor is undertaking Work they shall have a functioning cellular telephone on site where cellular telephone coverage is available. The location where cellular telephone coverage is not available the Contractor shall provide a communication system on site, capable of immediately receiving and transmitting message to the Contract Administrator. 3.12.3 The Owner shall not provide any transportation to the Contractor to complete the Work. 3.12.4 The Contractor is responsible for all costs associated with the workplace accidents and all premiums or assessments owing to the Workplace Safety and Insurance Board (WSIB), or insurance company. Upon award of the Contract and as requested by the Contract Administrator during the term of the Contract, the Contractor shall furnish evidence of coverage for themselves, their employees, subcontractors and subcontractor’s employees under the Workplace Safety and Insurance Act or insurance
Page 36 of 273 Page 21 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication policy. The Owner will withhold payment of such sums of money sufficient to cover any default of the Contractor to the WSIB or insurance company for premiums or assessments and any costs arising from an accident for income replacement, medical aid or rehabilitation. 3.12.5 In accordance with the Occupational Health and Safety Act, R.S.0. 1990, c.S.30, the Contractor is advised of the presence of the following Designated Substances. The Contractor is advised that the Designated Substances silica (Ontario Regulation Number 521/92), lead (519/92) and arsenic (508/92) are generally present throughout the Working Area, occurring naturally or as a result of vehicle emissions. Exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. 3.12.6 The Contractor is responsible for the repair of any damage to the environment caused during the work and, for all associated costs. 3.13 Scope of Work The contractor shall select, supply and apply DupontTM TruvistTM Herbicide and drift control additive for vegetation on the road right-of-ways. The application shall eradicate weeds including: Giant Hogweed Golden Rod Poison Ivy Ragweed Thistle Wild Carrot Wild Chervil Wild Parsnip However the product must not kill native grass species or damage trees. The Contractor shall be financially responsible for any damage caused to trees, private property, native grass or the environment. The herbicide spray shall be approved by all applicable regulatory agencies and shall be applied by a license professional that shall conform to all Integrated Pest Management (IPM) principles. The Contractor will complete the required advertising in accordance with Provincial Standards. The Contractor is responsible for notifying the County of the dates for advertising in accordance with applicable legislation. The Contractor shall provide all applicable information for the advertisement (chemical information, active ingredients, PCP Registration No.’s, contractor’s contact information). It should be noted that the advertisement will be placed in local weekly publications,
Page 37 of 273 Page 22 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication The Contractor shall advertise the spraying in accordance with the Pesticide Act Ontario Regulation 63/09 Sections 74 to 79.
Approximately 50% of the roads have a 30m wide right of way and the other 50% would have a 20m right of way. An estimate of the roadway (outside of shoulder to outside of shoulder) would be 8m to 10m.
The Contractor shall be responsible for dealing with inquiries from the general public. The Contractor shall provide a toll-free number for general inquiries (staffed during normal business hours). Any responses to public queries regarding spraying shall be courteous.
At the end of each work day, the Contractor shall provide a Daily Operations Report identifying the Roads treated and amount of product used. The daily operations report will be approved by the County/Muncipal Inspector and will be used to cross reference final invoices. The County will require a daily submission sheet to be signed by the Contractor and the County representative.
At the start-up meeting, the Contractor along with County representatives shall review the deliverables of this contract to ensure understanding and compliance with the requirements of the contract.
The spraying crew shall have an operable cell phone to keep in touch with the County Inspector. Names and cell phone numbers will be supplied between the Contractor and County staff prior to commencement of work.
Item 1- Herbicide Spraying Right-of Way This item includes spraying of the vegetation from the edge of the shoulder to 0.3 metres of the property line. Approximately 50 percent of the right of ways are 30m wide and the others are approximately 20m wide. It is recognized that the product is not to be sprayed in areas not legally permitted (water ways) and in treed areas. The Contractor shall maintain a minimum 10 metre “no spray zone” around private wells and any source of running water unless a greater buffer is required in accordance with the product label. The Contractor shall not spray directly onto standing water and shall maintain buffers from standing water in accordance with the product labels. MEASUREMENT FOR PAYMENT Payment for the Work completed under this Contract item shall be measured in linear kilometres of road (per side) for the area treated with herbicide. The areas as noted in the table are only estimates and payment will be based on actual linear kilometres sprayed. BASIS OF PAYMENT Payment at the Contract unit price for the above tender item shall be full compensation for all labour, equipment and material required to complete the
Page 38 of 273 Page 23 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Work. No payment will be made for materials used for any additional applications required to achieve compliance with the warranty criteria. No payment will be made until the first warranty inspection is completed 14 days after application. If after 14 days, the warranty requirements are met, 70% of the item tender value will be released and the Owner shall hold back 30% of the item tender value. If the requirements of the second warranty period (60 days) are met, 50% of the original hold back will be released. If the warranty requirements of the last warranty inspection are met the remaining 50% of the original hold back will be released. If for any reason the warranty requirements are not met the Contractor shall receive no further payment until such time as the Contract Administrator is satisfied with the Work or the Contractor has re-applied herbicide, with the Approval of the Contract Administrator, to the area of default. Re-application shall restart the cycle of the warranty.
WARRANTY The County will complete 30 – 5 meter by 5 metre weed audit sections at random locations throughout the work prior to the commencement of the work. The weed audits will determine the amount of weeds in each area. These locations will not be shared with the contractor. The County will audit each one of these audit sections to determine the amount of weeds that have been eradicated. When the audits are calculated the lowest three sections will be eliminated and then the remaining 27 will be averaged to determine the performance measure as indicated in the chart below. The Work will be considered acceptable under the following conditions: 1. The Contractor has provided the Contract Administrator with complete and accurate records of the herbicide application. 2. The following Expected Results have been met:
INSPECTION TIMING WEEDS 14 DAYS AFTER * 75% of treated vegetation shows APPLICATION symptoms characteristic of herbicide injury. 60 DAYS AFTER 90% of leaves and stems necrotic. APPLICATION (Year following 80% reduction of biennial and perennial Application) weed populations.
DEFINITIONS Chlorosis means a yellowing or paling of the plant leaves. Necrosis means completely dead or browned leaves No inspections will be held during the winter dormant period, which commences on October 1 and ends on June 1 of the following year.
Page 39 of 273 Page 24 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication 3.12.1 Start of the Work The Contractor may begin the Work by May 1 and must be completed prior to June 15 of each year. 3.14 Locations Length Municipality Road/Bridge/Description in lane km Meaford/ TBM Town Line: deviation rd. Town of The Blue Mountains 2.6 km (both sides)
Meaford/ TBM Town line: 35 SDR to Town of The Blue Mountains 7.2 km 30th SDR (both sides)
Town of The Blue Mountains 33 SDR (both sides) 5.4 km
Town of The Blue Mountains 30th SDR (both sides) 5.4 km
Town of The Blue Mountains 11th line : north of 33 SDR (both sides) 3.0 km
10th line: 30th SDR to Grey Road 113 Town of The Blue Mountains 5.2 km (both sides)
Town of The Blue Mountains Slabtown Road (both sides) 1.6 km
24th SDR: 10th line to Grey Road 2 Town of The Blue Mountains 5.4 km (both sides)
21st SDR: Town line to Grey Road 2 Town of The Blue Mountains 10.8 km (both sides)
18th SDR: Town line to Grey Road 2 Town of The Blue Mountains 10.8 km (both sides)
11th line : 18th SDR to Grey Road 119 Town of The Blue Mountains 3.6 km (both sides)
12th SDR : 10th line to Grey Road 2 Town of The Blue Mountains 5.4 km (both sides)
9th SDR : 10th line to Grey Road 2 (both Town of The Blue Mountains 5.4 km sides)
Page 40 of 273 Page 25 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Length Municipality Road/Bridge/Description in lane km 10th line: 9th SDR to Grey Road 13 (both Town of The Blue Mountains 20.0 km sides)
12th SDR: Grey Road 2 to 6th Line (both Town of The Blue Mountains 3.0 km sides)
6th Line : 12th SDR to north end of road Town of The Blue Mountains 6.0 km (both sides)
Town of The Blue Mountains 3rd SDR: west of 4th line (both sides) 1.5 km
4th Line: 6th SDR to Grey Road 19 (both Town of The Blue Mountains 3.6 km sides)
4th Line : Grey Road 119 to 21 SDR Town of The Blue Mountains 10.0 km (both sides)
Swiss Meadows Subdivision (both Town of The Blue Mountains 6.0 km sides)
3rd Line: 500 m south of Grey Road 119 Town of The Blue Mountains 1.0 km (both sides)
12th SDR : 250 west of 3rd Line (both Town of The Blue Mountains 0.5 km sides)
Town of The Blue Mountains Monterra Rd (both sides) 2.0 km
Lakeshore: Grey Road 19 to Highway Town of The Blue Mountains 2.0 km 26 (both sides)
Canning Dr: Carmichael to Plater St Town of The Blue Mountains 0.60km (both sides)
Blue Mountain Road: Grey Road 119 to Town of The Blue Mountains 0.8 km end (both sides)
Page 41 of 273 Page 26 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Length Municipality Road/Bridge/Description in lane km Municipality of Grey Sideroad 22B from Grey Road 7 to the 5.38 Highlands 7th line
Municipality of Grey 7th Line from Sideroad 22B to Grey 26.02 Highlands Road 30
Municipality of Grey 9th Line from Sideroad 19 to Sideroad 18.74 Highlands 4A
Municipality of Grey Sideroad 13A from Grey Road 12 to the 11.00 Highlands 7th Line
Municipality of Grey Sideroad 7A from Grey Road 12 to East 13.18 Highlands of the 7th Line
Municipality of Grey 3rd Line D from Sideroad 25 to 7.44 Highlands Euphrasia-St. Vincent Townline
Municipality of Grey Old Mail Road from 3rd Line D to 5.86 Highlands Euphrasia-St. Vincent Townline
Municipality of Grey Blue Mountains-Euphrasia Townline 11.44 Highlands from Grey Road 13 to Sideroad 10D
Page 42 of 273 Page 27 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Length Municipality Road/Bridge/Description in lane km Grey Road 5 – Grey Bruce Line to County of Grey 22 km Mennonite Corners
Grey Road 15 – from Highway 26 to County of Grey 14 km Leith
County of Grey Grey Road 11 – all 11 km
Grey Road 17 – Grey Road 17B to Grey County of Grey 10 km Road 17A
County of Grey Grey Road 17A – all 6 km
Grey Road 18 – from Highway 21 County of Grey 32 km (Springmount) to 4th Concession South
County of Grey Grey Road 16 – all 32 km
Grey Road 3 – from Jackson to Grey County of Grey 9 km Road 5
Grey Road 40 – from Grey Road 13 to County of Grey 39 km Grey Road 29
Grey Road 13 – from Clarksburg to County of Grey 42 km Kimberley
Grey Road 119 – from Grey Road 13 to County of Grey 25 km Banks Grey Road 19 – from Grey Road 2 to County of Grey the intersection of the Clearview 23 km Townline Grey Road 7 – from Griersville to County of Grey 34 km Kimberley
Page 43 of 273 Page 28 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Section 4 – Locations/Maps
RFT-TS-41-15 Three Maps in PDF format are available for download as Attachments 1, 2 and 3.
Page 44 of 273 Page 29 of 35 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication
Tender Form For the Provision of: Road Side Weed Eradication As Supplied by: ______Firm Name ______Address Postal Code
Hereinafter Called the Bidder
To: The Corporation of Grey County 595 9th Avenue East Owen Sound Ontario N4K 3E3 Hereinafter Called the Corporation
The Bidder Declares 1. No person(s), firm or corporation, other than the Bidder, has any personal interest in this Tender or in the award for which this Tender is made; 2. No member of Council, no officer or employee of the Corporation is or will become interested directly or indirectly as a contracting party, partner, shareholder, surety or in any portion of the profits thereof, or in any of the monies to be derived, therefrom; 3. This Tender submission is made without any connection, comparison of figures, or arrangements with, or knowledge of any other corporation, firm or person making a Tender submission for the same and is in all respects without collusion or fraud; 4. By signing this submission, I confirm I have read and understood the content and requirements of this Tender document; Acknowledgement to receipt of Addenda This will acknowledge receipt of the following addenda and that the pricing quoted includes the provision set out in such addenda;
Addendum # Date Received # ______# ______# ______
☐ Check here if NO Addenda received
LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED
Dated at ______this ______day of ______, 2015
______Signature of Witness Signature of Bidder By my signature, I hereby confirm I am a principal, or have been duly authorized by the principal/board, to sign on behalf of the above named.
Page 30 of 35 This Page Is A Mandatory Requirement For The Tender Submission Page 45 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Schedule of Items and Prices Items will be awarded as one contract. All costs to exclude taxes.
Bid Amount per Extended Cost Work Schedule Approx. km km (Excluding taxes)
#1) Bid price per Linear kilometre (per side) of Herbicide Spraying 531 km $______/km $ Right-of-Way
* The Contractor is responsible for disposal of debris and any costs associated with such disposal
A second pass in may be required. The Corporation will determine these locations. The Corporation will also determine a completion date for the second pass. The original bid rate under this contract will be the guaranteed price for the second pass under this contract.
By my/our signature(s) hereunder, I/we hereby agree to complete this contract in accordance with the terms contained herein for the price per hour quoted herein.
Bidder: ______Date: ______
Signature: ______
Page 31 of 35 This Page Is A Mandatory Requirement For The Tender Submission Page 46 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Bidder Information Form
Bidders must complete this form and include with the Tender Submission. Please ensure all information is legible.
1. Bidder’s Contact Individual Insert information
2. Office Phone #
3. Mobile #
4. Email Address
5. Website
6. WSIB Account# (if applicable)
7. HST Account #
Bidder: ______Date: ______
Signature: ______
Page 32 of 35 This page is a Mandatory Requirement for the Tender Submission Page 47 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Ability and Experience Form The Bidder shall provide information below on contracts in this class of work that has been successfully undertaken by the Bidder’s firm in the past three years.
Contract #1 Insert Information Customer Contact Name & Telephone # Total Value (annual) Description of Work Additional Comments (optional)
Contract #2 Customer Contact Name & Telephone # Total Value (annual) Description of Work Additional Comments (optional)
Contract #3 Customer Contact Name & Telephone # Total Value (annual) Description of Work Additional Comments (optional)
Bidder: ______Date: ______
Signature: ______
Page 33 of 35 This page is a Mandatory Requirement for the Tender Submission Page 48 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication
Subcontractor Information Form
1. Check here ☐ if NO Subcontracting.
2. The Bidder shall list below, the Subcontractors which will assist in the completion of the Work.
Name of Address of Work Type to be Scope of Work & Subcontractor Subcontractor Subcontracted Experience
Note: If additional space is required please include additional pages as required.
Bidder: ______Date: ______
Signature: ______
Page 34 of 35 This page is a Mandatory Requirement for the Tender Submission Page 49 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication
Contractor Health & Safety Agreement Company Name ______(the “Contractor”) Project: ______The Corporation of the County of Grey’s (the “County”) objective is to provide all persons in our workplace with a safe work environment. It is also the County’s objective to totally eliminate all accidents, thorough compliance with Health and Safety standards. All employees, contractors, sub-contractors, suppliers and any other service providers to our projects must cooperate and comply with Health and Safety standards. Therefore, in consideration of being contracted to do work for the County, the Contractor agrees that on County projects:
The Contractor and all of its employees and sub-contractors have safety training and certifications equal to, or exceeding, the requirements set forth in the current Occupational Health and Safety Act and current regulations; The Contractor and all of its employees and sub-contractors on the project must work in conjunction with the County’s appointed Health and Safety Representatives; The Contractor and all its employees and sub-contractors must follow Health and Safety policies set forth by the County; The Contractor will immediately investigate all accidents and near accidents, and as soon as possible report to the County’s Project/Site Representative and the County’s Health and Safety Representative;. Health and Safety policies will be reviewed by the Contractor and the County, and be part of all pre-site and site meeting agendas. Health and Safety issues will always be given immediate attention by the County and its representatives, and the Contractor, its employees and its sub-contractors. The Contractor must meet shall meet or exceed all applicable current health and safety and environmental legislation and regulations; The Contractor shall encourage all its employees, sub-contractors, suppliers and visitors/residents to immediately report unsafe conditions, incidents, and accidents to the Project/Site Representative or the County’s Occupational Health & Safety Coordinator. The Contractor shall provide and post, in a conspicuous location, a written copy of its Health and Safety Policy, as required under Sections 25 (2)(i) and (k) of the Occupational Health and Safety Act. Failure to adhere to any of the above stated requirements may jeopardize the Health and Safety of all. ALL accidents will be investigated to determine the causes and corrective actions to prevent recurrence. Any one or more of the following disciplinary actions will be used in the event of unsafe work practices or disregard of the Occupational Health & Safety legislation/regulation(s) and, depending on the severity of the occurrence: Step 1 - Verbal Warning; Step 3 - Notification of the Minister of Labour re: Project Step 2 - Written Warning; Violations/Termination of Project. Acknowledgement As an authorized representative of the Contractor, I have read and received a copy of this “Contractor Health and Safety Agreement”, and agree on behalf of the Contractor to comply with its requirements. I will also take all necessary precautions to ensure the health and safety for our employees, suppliers and sub-contractors while on the project, and ensure they are provided with, and are aware of, the preceding requirements.
Contractor’s Authorized Representative’s Signature: ______
Date: ______
Page 35 of 35 This page is a Mandatory Requirement for the Tender Submission Page 50 of 273 County of Grey Finance Department Purchasing - RFT-TS-41-15 l Weed Eradication 3
TenderForm l r For the Provision of: Road Side Weed Eradication ,i As Supplied by: _é (IVFIVSménlg L/WV» 4' Vfé??/”V M””’*‘V”""""T/ Firm Name ”5.
« -49' 2370 F/wlr/u,«’Lu 2’T. Sui re’ 7”-5 . (Mama./an., . 0,, Address Postal Code L 7” .5L ,7,‘ Hereinafter Called the Bidder To: The Corporation of Grey County 595 9"‘Avenue East Owen Sound Ontario N4K3E3 Hereinafter Called the Corporation
The Bidder Declares 1. No person(s), firm or corporation, other than the Bidder, has any personal interest in this Tender or in the award for which this Tender is made; 2. No member of Council, no officer or employee of the Corporation is or willbecome interested directly or indirectly as a contracting party, partner, shareholder, surety or in any portion of the pro?ts thereof, or in any of the monies to be derived, therefrom; 3. This Tender submission is made without any connection, comparison of ?gures, or arrangements with, or knowledge of any other corporation, ?rm or person making a Tender submission for the same and is in all respects without collusion or fraud; 4. By signing this submission, I con?rm I have read and understood the content and requirements of this Tender document; Acknowledgement to receipt of Addenda This willacknowledge receipt of the following addenda and that the pricing quoted includes the provision set out in such addenda; Addendum # Date Received # # # —_— m/Check here if N0 Addenda received LOWEST OR ANYTENDER NOT NECESSARILY ACCEPTED Dated at ‘$370/m this ['7 day of ,4/?IL , 2015 /
Signature of Witnes Signature of Bidder By my signature, I hereby con?rm I am a principal, or have been duly authorized by the principal/board, to sign on behalf of the above named.
Page 30 of 35 This Page Is A Mandatory Requirement For The Tender Submission Page 51 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Schedule of Items and Prices items will be awarded as one contract. Allcosts to exclude taxes.
Bid Amount per Extended Cost Work Schedule Approx. km km (Excluding taxes)
#1) Bid price per Linear kilometre (per side) of Herbicide Spraying 531 km sJ25_~L/km $ as’. 43%: Right-of-Way
* The Contractor is responsible for disposal of debris and any costs associated with such disposal
A second pass in may be required. The Corporation willdetermine these locations. The Corporation willalso determine a completion date for the second pass. The original bid rate under this contract willbe the guaranteed price for the second pass under this contract.
By mylour signature(s) hereunder, I/we hereby agree to complete this contract in accordance with the terms contained herein for the price per hour quoted herein.
Q] Bidder: ,§ T791/lg Date: ?/?lb lay)”, E01212 I J Signature: 4 6%,4 % Q
Page 31 of 35 Mandatory Requirement For The Tender Submission This Page is A Page 52 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Bidder InformationForm
Bidders must complete this form and include with the Tender Submission. Please ensure all information is legible.
1. Bidder’s Contact individual 5 Tgvg M F040
2. Of?oePhone# Q9?’ Z,’/0- [_;Jq'
3. Mobile# qgq- »fg),773(,.7
4. Email Address 5 Palm g[4/term» Sm Em, , Ca.
5. Website WWW , AP/1.51:7»— rrroa'»..., 59.
6. WSIB Account#(ifapplicable) '76 g70_73 ?y
7. HST Account# gggjv or; -2, L,’
§ Bidder: 6’?r;/‘E/Vfméwn Date; ???ll, 1%Ml T"”'_‘—:___
Signature:
Page 32 of 35 This page is a Mandatory Requirement for the Tender Submission Page 53 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication Abilityand Experience Form The Bidder shall provide information below on contracts in this class of work that has been successfully undertaken by the Bidder’s ?nn in the past three years.
Customer Cox//v2"( OF I»/flzlzr/vas-an. Contact Name & Telephone # (?u, jg;.,,.,,~f,, ,,
Total Value (annual) [if ?ag‘ ,0 no‘ Description of Work K019/D5’,0 1; (54030 M/“W 4, )41,mA,£,,,,,n;—y Add't'I Iona I Commen ts (op t'Iona)I ,7 9/0 l V 610 I I;
Customer COI/rv'l"1 of L,/r»-«Am;/v Contact Name & Telephone # R9(5 )—T?o/1W Total Value (annual) #” g ‘#1’-,,,___/,I0 D°5°'i"“°" °f W°"‘ {U7/rzmmf Mom)Liza»; 1' /14?xtém 1775 5 WWW‘7/14. Additional Comments (optional) V’ E774I/* ?f 2 cl”; -- Jo If
Customer GOV A/1’ ‘-r or Ht//L’) rv Contact Name & Telephone # M I by /H4-(0 H: Total Value (annual) )5)” q N9 ,ao 4 ‘ Description ofwork I/1W,Df,,,‘,;JMM/0(/g,&; -|— /q/,/,;,,_ U7; ff?/Wimp Additional Comments (optional) jam 1 3,019’
Bidder: Date: 4341!, M ggllf
Signature:
Page 33 of 35 This page is a Mandatory Requirement for the Tender Submission Page 54 of 273 County of Grey Finance Department Purchasing RFT—TS-41-15 WeedEradication
Subcontractor InformationForm
1. Check here ifNO Subcontracting.
2. The Bidder shall list below, the Subcontractors which willassist in the completion of the Work.
Name of Address of Work Type to be Scope of Work &
‘ Subcontractor Subcontractor subcontracted Experience \ W
Note: if additional space is required please include additional pages as required.
Bidder: _F0?0 Date: L M,J07 V
Signature: — M
Page 34 of 35 This page is a Mandatory Requirement for the Tender Submission Page 55 of 273 County of Grey Finance Department Purchasing RFT-TS-41-15 Weed Eradication i? cr?irszy Contractor Health & Safety Agreement
Company Name T'l’L€ MA» + (the “Contractor”) I :1: (guy 1’ V PM“ ;q’£/g4. "U L I Project: {i0/mill)? \/vl?ls'l0 S?[l/?irt/L The Corporation of the County of Grey's (the “County”) objective is to provide all persons in our workplace with a safe work environment. It is also the County's objective to totally eliminate all accidents, thorough compliance with Health and Safety standards. All employees, contractors, sub-contractors, suppliers and any other service providers to our projects must cooperate and comply with Health and Safety standards. Therefore, in consideration of being contracted to do work for the County, the Contractor agrees that on County projects: or o The Contractor and all of its employees and sub—contractorshave safety training and certifications equal to, exceeding, the requirements set forth in the current Occupational Health and Safety Act and current regulations; withthe 0 The Contractor and all of its employees and sub—contractorson the project must work in conjunction County’s appointed Health and Safety Representatives; forth by the 0 The Contractor and all its employees and sub-contractors must follow Health and Safety policies set County; to the o The Contractor will immediately investigate all accidents and near accidents, and as soon as possible report County’s Project/Site Representative and the County's Health and Safety Representative;. - Health and Safety policies will be reviewed by the Contractor and the County, and be part of all pre-site and site meeting agendas. - Health and Safety issues will always be given immediate attention by the County and its representatives, and the Contractor, its employees and its sub-contractors. o The Contractor must meet shall meet or exceed all applicable current health and safety and environmental legislation and regulations; - The Contractor shall encourage all its employees, sub-contractors, suppliers and visitors/residentsto immediately report unsafe conditions, incidents, and accidents to the Projectlsite Representative or the County's Occupational Health & Safety Coordinator. The Contractor shall provide and post, in a conspicuous location, a written copy of its Health and Safety Policy, as required under Sections 25 (2)(i) and (k) of the Occupational Health and Safety Act. Failure to adhere to any of the above stated requirements may jeopardize the Health and Safety of all. ALL accidents willbe investigated to determine the causes and corrective actions to prevent recurrence.Any one or more of the following disciplinary actions willbe used in the event of unsafe work practices or disregard of the Occupational Health & Safety legislation/regu|ation(s) and, depending on the severity of the occurrence:
— Project Step 1 - Verbal Warning; Step 3 Noti?cation of the Minister of Labour re:
Step 2 — Written Warning; \?o|ationsITermination of Project. Acknowledgement As an authorized representative of the Contractor, l have read and received a copy of this “Contractor Health and Safety Agreement”, and agree on behalf of the Contractor to comply with its requirements. Iwill also take all necessary precautions to ensure the health and safety for our employees, suppliers and sub-contractors while on the project, and
ensure they are provided with, and are aware of, the preceding requireme . _
Contractor's Authorized Representatives Signature: Date: ?/(lg; l9«ycl0l\/
Page 35 of 35 This page is a Mandatory Requirement for the Tender Submission Page 56 of 273 m3 NRoh; SE.mwoo>>Im:o?o:\$o?\mmoHoEm:w:o\modo.>ow.3380 .>>>>>>\\nBE
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Municxpalziy The Municipality of Grey Highlands 94 % Memo to Council C.-rey Hlghlands
To: Dan Best, Chief Administrative Officer
From: Chris Cornfield, Director of Transportation and Environmental Services Department
Date: May 20, 2015
Report: TES Memo 15.02
Subject: Civic Addressing (911) Process Review with Grey County
Recommendation:
That the report of Chris Cornfield, Director of Transportation and Environmental Services Department dated May 20, 2015 regarding Civic Addressing (911) Process Review with Grey County be received.
Purpose:
The purpose of this report is to provide Council with information regarding the civic addressing process review.
Background and Discussion
Civic addressing is a Municipal responsibility legislated by the Municipal Act. Municipalities are responsible for receiving and administering civic address applications for their respective jurisdictions. Civic numbers are also known as “fire”, “911” or “emergency” numbers. For the purposes of this document, they will be referred to civic numbers.
In the past, it was standard practice for one address to be assigned to one property. The Municipality has been receiving addressing requests for secondary units, multiple entrances, vacant lands, trails and for properties on County roads.
A meeting was called to seek clarity on the addressing process with County and Municipal staff throughout Grey County. The meeting was held on Friday April 17, 2015 at the Grey County office in Owen Sound and led by County staff. Discussion was held about local municipal by-laws being revised to
Page 58 of 273 TES Memo 15.02 Page 2
reflect current practices. It was noted that consistency throughout Grey County is important, and having minimum requirements will help establish that benchmark. However, there still needs to be flexibility in the by-law provisions to ensure that public health and safety are maintained in exceptional situations.
Discussion Points
Urban Areas – Municipalities assign 3 digit addresses in urban areas, even if the property is located on a County Road. Concerns were raised in regards to the coordination of entrance permits on County Road, as well as the installation of the sign within the County’s right-of-way.
Rural Areas – Grey County assigns 6 digit addresses in rural areas, made up of a road number, section number and the distance from the closest intersection. If an entrance moves, it is important that it be assigned a new civic address as the entrance’s distance from the intersection will have changed.
Vacant Lots – civic address should not be mandatory, however this is at the discretion of the local municipality.
Trails, Parks, Public Spaces – it is recommended that civic addresses be assigned and installed at these locations, however this is at the discretion of the local municipality. Concerns were raised regarding trails that run through private property, as coordination would be required with the trail authority as well as the property owner. Some trails frequently change course and would constantly require new signage at road crossings.
Secondary Units – if there are multiple units accessed by a single driveway, there should be a civic address posted at the road with unit signs. Unit signs should be posted at the building access.
Multiple Entrances – in the case where there is a barn, shop, garage, or other building on a property accessed but a separate driveway, it should have its own civic address. Questions were raised on the limit of civic addresses or entrances there could be on one property.
Next Steps
. There was a suggestion that civic address signs need to be larger. Grey County staff will research what other municipalities require in terms of civic address sign size.
Page 59 of 273 TES Memo 15.02 Page 3
. There was a suggestion for the County to prepare a map showing the areas that the County is currently responsible for signing and the areas that the local municipalities are responsible for signing. The County will prepare a map and circulate to the local municipalities. . Digital map book updates that are made currently for EMS will be circulated to local municipalities and other emergency response providers. . The County agreed to conduct further research on how other municipalities approach civic addressing. . The County will prepare a draft by-law template outlining the civic addressing requirements and circulate to the local municipalities for their consideration.
Financial Impact: None
Legal Impact: None
Staffing Considerations: None
Policies/Legislation:
The Municipal Act, R.S.O. 1990, Chapter M.45, Section 210, Subsection 112, as amended
By-Law No. 1995-21 Municipal Civic Addressing System
Completed by, Respectfully submitted by,
______Holly Cullihall, BBA Chris Cornfield Municipal Services Assistant Director of Transportation and Environmental Services
I concur with this report.
______Dan Best, MPA, BA Chief Administrative Officer
Page 60 of 273 H ERITAGE COMMITTEE of COUNCIL Municipality of Grey Highlands
Volunteer Chair: Nancy Matthews 519-924-3165 [email protected]
GREY Council Liaisons: Cathy Little & Aakash Desai HIGHLANDS
To Mayor McQueen and the Grey Highlands Council
RE Essential repairs to “Hickling House”
Given that HGH has long been in favor of establishing some sort of financial benefit for the owners of designated properties as is allowed and even recommended under the act AND
Given that at the recent Ontario Heritage Conference many of the presentations focused on the long-term benefits of offering financial incentives AND
Given that most municipalities having a serious commitment to heritage preservation do offer some sort of financial incentives including waiving of permit fees for heritage restoration AND
Given that HGH has not yet had time to work with council towards developing a workable financial incentive program or programs for GH designated properties AND
Given that Armstrong/Hickling House, a Section IV designated property is currently requiring extensive repairs to ensure the preservation of brickwork and other heritage attributes as described in the designation bylaw AND
Given that there is a municipal fee for the permits needed to accomplish this essential repair work to a valuable heritage asset:
HGH therefore requests that council pass a motion instructing staff to waive and/or to refund any permit fees required for the completion of this much needed maintenance.
Thank you for your attention to this matter. In the near future, HGH anticipates bringing forward other suggestions regarding programs for heritage owner initiatives. Councillor Little who attended the conference can provide further information about the deemed values of initiatives such as this as well as the proven fact that municipalities that have outlaid money to encourage heritage restorations have in fact more than recouped the funding.
Yours truly
Chair, Heritage Grey Highlands
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.nC.._ mzmi "6 mocmmmam5 5 ommm>H._mo nz< n_m._ .228 um? E uowto?sm >_:_u:m.$o_to Lmuoa .55 momvcmcwe:3 B umummtm_mmmB?o?ou Ucmmm.:.Dwcm_m:2: cmx?m 3230.6: m>m£ wmE$ 2: n_om.._m_:>>mm.mz.E>>2H Page 77 of 273 Page 78 of 273 Page 79 of 273 Page 80 of 273 The Corporation of The Municipality of Grey Highlands By-Law Number 2015-30 Being a By-law to assume for public use certain lands and dedicate the same as being part of the municipal road system Whereas Section 31 of the Municipal Act 2001, S.O. 2001, as amended provides that a municipality may by by-law establish a highway and that if a municipality acquires land for the purpose of widening a highway, the land acquired forms part of the highway to the extent of the designated widening; And Whereas the Council of the Corporation of the Municipality of Grey Highlands acquired said lands through Registered Compiled Plan 823; And Whereas the Council of the Corporation of the Municipality of Grey Highlands deems it necessary to pass a by-law to give a name to a Municipal Road in Flesherton to be known as Milligan Drive. Now Therefore the Council of the Municipality of Grey Highlands hereby enacts as follows: 1. That the Mayor and Municipal Clerk are hereby authorized to execute a by-law to assume for public use and dedicate the same as being part of the municipal road system lands described as Part Lot 69, Registered Compiled Plan 823, Lot 150, Concession 1 SWTSR (former Village of Flesherton). 2. That the assumed Municipal Road shall be named Milligan Drive. 3. That this by-law comes into full force and effect on the date of its passing. ENACTED AND PASSED this 25th day of May 2015. The Corporation of the Municipality of Grey Highlands ______Paul McQueen - Mayor ______Debbie Robertson – Municipal Clerk Page 81 of 273 Page 82 of 273 U«'U"‘l"'II \ CAPSTONE POWER DEVELOPMENT POWER DEVELOPMENT 155 weumgmn Slreelwest Telephone (A16) 649—13OO suite 2930 Fats mile (415) 64941335 Turomo, ON MSV 3H1 wwwmpsmnemfrasmmure com A Subsrdmry ufCap5tanE Infrastructure Carpurutran WITHOUT PREJUDICE May 15, 2015 Via email ([email protected]) Mayor Paul McQueen and Council c/o Dan Best, Chief Administrative Officer Municipality of Grey Highlands P.O. Box 409 Markdale, ON N0C 1H0 RE: Grey Highlands Zero Emission People, and Grey Highlands Clean Energy projects (the “Projects”); Request for permission to conduct Pre-Construction Road Survey Your Worship, Members of Council, As you are aware, Capstone Power Development is developing two wind projects in the Municipality of Grey Highlands. In advance of construction, we would like to test the conditions of the roads that will be used as haul routes for the Projects. Accordingly, we are requesting permission to implement the plan outlined in items number 2-5 on the attached memo from WSP Canada Inc. Should any details as outlined change with respect to invasive or non-invasive testing, including in order to accommodate feedback from the Municipality, staff, and their engineers, we would request that Council also delegate authority to staff to approve such changes. We are seeking to conduct work within the municipal road allowances between May 26th and June 5th, and anticipate delivering a report per item 6 on the attached memo for review on June 26th. As noted in the memo, we would provide notice to the Municipality in advance of our engineers and contractors mobilizing to conduct the work during this time period. Capstone agrees to cover the municipality’s reasonable costs for a peer review, noting that both parties have yet to determine an expected upset limit for the third party engineer’s review. Please do not hesitate to contact me at your convenience should you have any questions or require additional information. Sincerely, Andrea Kausel Project Manager cc. Chris Cornfield, [email protected] Encl. (1) Page 83 of 273 TECHNICAL MEMORANDUM 4-Wsp Date: May 13, 2015 To: Patrick Leitch (Capstone Power Development Corporation) Copies: Andrea Kausel (Capstone Power Development Corporation) Steve Ash, Raj Pattani, Brad Belford (WSP Canada Inc.) From: Vikki Gledhill (WSP Canada Inc.) Project No.: 141-25249-00 Subject: Preconstruction Road Survey – Municipality of Grey Highlands This following memo outlines our proposed approach for the Preconstruction Road Survey being completed for the Municipality of Grey Highlands. The Preconstruction Road Survey is intended to provide an overview of road conditions and proposed construction traffic as they relate to the two wind farms (GHC and GHZ). The investigated area has been defined as: - 4th Concession B from County Road 124 to entrance for GHZEP-T5, and from Road 57A to the entrance for GHC Substation; - Road 63 from Grey Road 4 to the entrance for GHZ-T1; - Road 57A from Grey Road 4 to the entrance for GHC-T1; and - 3rd Concession between Grey Road 2 and the entrance for GHC-T7 Please see that attached Figures for a summary of the haul routes. The Preconstruction Road Survey will involve the following: 1. OZA Video Surveys: Video indexing, documentation of roads (via OZA as subcontractor) 2. Culvert Inspections: Identify and visually assess culverts to support proposed traffic, identify sensitive culverts. 3. Assess Traffic Plan: Assess traffic loads, routes, dates, temporary road changes, rehab requirements from our Civil team. 4. FWD Testing: Perform falling weight deflectometer (FWD) load/deflection testing on paved sections of Road 63 to assess the structural adequacy of the pavement section. 5. Borehole Program: Assess structure integrity of roads in key sections. Please see the attached Figure for proposed borehole locations. Where areas were identified as areas of concern, boreholes will be extended to 3.0 mBGL. 6. Final Report: Includes Introduction, Objectives, Methodologies, Findings, Culvert Location Maps, Geotechnical Investigation Findings, WinPas (AASHTO 93) Analysis, Recommendations for Precautionary Measures, construction requirements for temporary changes including raisings, and/or widenings, rehab requirements, special reinforcement of roads and/or structure to support construction traffic. Appendices would include borehole logs and laboratory tests. Once approved, WSP will provide a tentative schedule for field work, ensuring the Municipality is aware of our presence a minimum of 24 hours in advance, when possible. We trust this meets your current requirements, do not hesitate to contact us should you have any questions/concerns. PETERBOROUGH 294 Rink Street, Suite 103, Peterborough, ON K9J 2K2 Tel.: (705) 743-6850 Fax: (705) 743-6854 H:\Proj\WSP 2014\141-25063-00 Capstone\Project Documents\Municipality Scope\Municipality of Grey Highlands Borehole Memo.doc Page 84 of 273 . Georgian Bay D A O R R B E ET ION IV RE ESS 1 R ST ONC R HN H C JO 8T G R COUNTY OF SIMCOE E T1 # Y COUNTY OF GREY # T3 2 R R O A # D R T4 alt O 2 4 A OAD ! D EY R ! R 4 G 5 ! C R O O COUNTY OF DUFFERIN U # T9 A N ! D T 6 Y 3 4 R R O R A O LEGEND D A 3 # T10 1 D R 2 4 ! GHC ROAD ACCESS LOCATIONS 5 5 GREY HIGHLANDS CLEAN ENERGY # ! (GHCE) TURBINE LOCATIONS R5 HAUL ROUTE R6 REGIONAL ROAD (GREY/SIMCOE) T5 MUNICIPAL ROAD R # ! O SEASONAL ROAD RESTRICTIONS N B A SSIO D TYPICALLY IN PLACE E ONC 5 H C 7 4T B LIMIT OF CAPSTONE PERMITTING RESPONSIBILITY R O # T8 7 A R D T6 4 T7 # ION 9 ESS # ONC D C 3R GPS coordinates are NAD 83, UTM Zone 17. Data Source: Ministry of Natural Resources, ! Ontario Base Mapping, March 2014. E B LIN TRE 0 1,600 m CEN Ü R8 GHC WTG HAUL ROUTE MAP G R R O E A Y D R O 6 7 GREY HIGHLANDS CLEAN ENERGY LP A A D 9 AD SINGHAMPTON, ONTARIO O 2 Y R GRE Page 85of273 A LINE C DATE: 2015-05-15 SCALE: 1:45000 RE LINE ENT TH PERMITS OUTSIDE THE ‘LIMIT OF C SOU NE NLI PROJECT: 141-25063-00 FILE. NO.:CAP-GHC-P-GIS-0003 CAPSTONE PERMITTING TOW EY RESPONSIBILITY’ AREASP SHALLR BE N O FIGURE REV F SENVION SCOPETHO ANC MEL ISSUED FOR BID E AD WIN WN RO G R Georgian Bay MILLTO OAD . N B SSIO NCE CO 8TH COUNTY OF SIMCOE COUNTY OF GREY R4 COUNTY OF DUFFERIN LEGEND R3 R5 ! GHZ ROAD ACCESS LOCATIONS GREY HIGHLANDS ZERO 4 C # EMISSION PEOPLE (GHZEP) O OAD EY R !# T4 U TURBINE LOCATIONS GR N T Y HAUL ROUTE #! # R T3 O A REGIONAL ROAD (GREY/SIMCOE) ! T5 D # 1 T2 2 MUNICIPAL ROAD R1 4 # ! LIMIT OF CAPSTONE PERMITTING RESPONSIBILITY T1 2 ! R B SSION NCE CO 4TH GPS coordinates are NAD 83, UTM Zone 17. R O A Data Source: Ministry of Natural Resources, D Ontario Base Mapping, March 2014. 5 5 R 0 1,100 m O A Ü D 6 3 GHZ WTG HAUL ROUTE MAP R O GREY HIGHLANDS A D ZERO EMISSION PEOPLE INC. 5 7 B SINGHAMPTON, ONTARIO ION ESS Page 86of273 NC CO 3RD DATE: 2015-05-15 SCALE: 1:30000 PERMITS OUTSIDE THE ‘LIMIT OF CAPSTONE PERMITTING PROJECT: 141-25063-00 FILE. NO.:CAP-GHZ-P-GIS-0003 RESPONSIBILITY’ AREA SHALL BE FIGURE SENVION SCOPE REV D ISSED FOR BID . Georgian Bay ON B SSI ION NCE ESS CO NC 0TH CO 1 8TH EWIN G RO AD COUNTY OF SIMCOE D A Y COUNTY OF GREY O O R U ! N !! !! R !! !!!!! G ! !! E !! D ! V ! G I R R R I ! V !!!!! E E Y R S O O A U D T COUNTY OF DUFFERIN R H 2 O N A O D T T 4 A 5 5-17 W 1 A A BH LEGEND ION A@ S B S A ES C BH15-3 C B G N H O CO 5 H A@ H A A@ PROPOSED BOREHOLE LOCATION - 1.5 M DEPTH 6 U 8T 4 -1 5-1 1 5 B D 1 1 N A H 1 5 RO BH B B C BH15-1 H Y 5 - T E @ B O A H R 1 PROPOSED BOREHOLE LOCATION - 3 M DEPTH Y A@ G - 1 N H 3 B 1 A@ 5 R 8 3 C -1 @ 1 5 5 4A -1 H - O 1 -1 5 A@ E 1 - H 5 B 9 15 H 5 -1 A S 7 A@ 5 H B 1 A@B H1 B - A@ @ 9 D S B A 5 B H @ I A - @ A@A O 1 1 A@ B H 1 2 A@ N 2 1 A@ H 1 5 -1 4 5 A@ B 1 H 5 - 1 B 1 H 2 1 - A@ 5 A@B 4 1 - -20A@ H 5 6 - 15 1 1 8 R H 5-2 B 1 5 O BH - 1 A A@ 3 0 D 15-2 H R 5 B 5 O 5-22 A@ A BH1 A@ D 24 6 15- 3 A@ BH @R AO -25 N B H15 A IO B D ESS C N 5 G CO H 7 R T 4 B E Y Data Source: Ministry of Natural Resources, R Ontario Base Mapping, March 2014. O N SIO A S NCE D O D C R 2 3 0 2,000 m Ü B H B 1 PROPOSED BOREHOLE H 5 B - 1 2 H 5 7 LOCATIONS 1 - A@ 2 5 B 9 - A@ E B 3 H N E LI 1 A@ R 1 NT B E A@ 5 C A@ H - 2 A@ B 1 6 MUNICIPALITY OF GREY HIGHLANDS 5 R R H - O O 1 2 A A 5 8 D D - 3 4 4 0 9 1 A Page 87of273 9 DATE: 2015-05-11 SCALE: 1:50000 OAD Y R GRE R PROJECT: 141-25063-00 FILE. NO.:141-25063-00 F1 O A E A D FIGURE IN E L C 6 NTR LINE 7 CE TH A SOU 1 Municxpalziy The Municipality of Grey Highlands 94 % Memo to Council C.-rey Hlghlands To: Mayor McQueen and Members of Council From: Dan Best, Chief Administration Officer Date: May 20, 2015 Report: CAO Memo 15.05 Subject: Centennial Gates- Markdale Recommendation: That the memo of Daniel Best, Chief Administrative Officer dated May 20, 2015 regarding a follow up to the March 4, 2015 public meeting regarding the Centennial gates is received; And that staff be authorized to remove the existing Centennial Gates in Markdale; And that Terms of Reference be developed by staff for a Committee to be established to determine future possibilities for the use of the Centennial Gates; And that the Terms of Reference be forwarded to a Committee of the Whole Meeting on June 17, 2015; And that the recommendations of the Committee be presented to Council no later than October 31, 2015 Background and Discussion On May 4, 2015 a public meeting was held regarding the future of the Markdale Centennial Gates. The reason for the meeting was due to resident concerns regarding safety of the location of the gates and the upcoming watermain project on Highway 10. Options presented at the meeting were as follows: • Do nothing – Not Recommended • Remove the Gates - • Remove and relocate • Remove, relocate and create a new feature By keeping the Centennial Gates in their current locations, a liability remains for the Municipality as they pose a hazard to drivers. Page 88 of 273 CAO Memo 15.05 Page 2 The removal of the gates eliminates the sight line obstructions and allows for the utilities to be installed parallel with the highway, and the sidewalks to be installed to the south limits and give pedestrian access to the south end of Markdale. It is proposed that the gates be removed but that rather than relocation, a new feature is created that can use the existing stonework. Finding a safe and suitable location within the connecting link may be difficult and this would allow staff sufficient time to research and apply for grants or funding available for the preservation of cultural heritage. If funding is not available, this option also permits adequate time to budget for the reinstatement or revitalization of the Centennial Gates. The installation of the new feature is coordinated around Canada’s Sesquicentennial Anniversary of Confederation in 2017. In addition this option creates an opportunity to work with community stakeholders. Six members of the community attended the presentation. The following are comments captured from the meeting: One resident provided a brief history on the gates. This is the second set of gates. Paul Englehart was the stone mason who built them. Questioned why remove when can torpedo through? Gates originally in 1949 or 1950 and funded in part from G Beaton, Mrs. Steward Ballard, TJ Moffat, Mr. Stevenson, William McFarlane. Tommy Cooper accepted the gates and in turn presented to Reeve Dr. Carefoot. Happy to receive and that Markdale maintain as lasting memory in celebration. When the stone gates were built, the Legion, Rotary, Lodge, Kinsmen all contributed. Should be part of one contract to remove and rebuild. The resident advised that he is not opposed to moving them, however needs reassurance that it will be completed. One resident questioned how close the north gates are to West Grey? Response was that they were on the line of connecting link. Suggestion that four entrances and if they are to be dismantled and relocated, then should be at all four entrances. Questioned how far the sidewalk is to be extended to the south. One resident spoke of the dividing line at the south end between Markdale and Artemesia One resident questioned when taking out and relocating, if looking at moving to another location. Response is that the intent is that Committee would look at location. Page 89 of 273 CAO Memo 15.05 Page 3 One resident stated that the neighbours have difficulty with visibility. Great idea on relocation. The resident thanked the former Council that wrought iron was painted. If removing, continue walkway to be accessible from Grey Gables. Markings for Grey Gables for safety crossing with seniors. Response from TES Director is the MTO looks at flow of traffic. Suggestion of Type B Pedestrian crossover similar to what is being planned at Flesherton. One resident stated to preserve past as move into future. Include recognition of service clubs, possibly an electronic sign. Also solar lighting could be an option. Horticulture Society representative asked if flowers should be planted? Response is that work on south end would begin in June. Suggestion of a plaque outlining the history is placed on the finished product. The Mayor asked if the public in attendance for this meeting are interested in forming part of the proposed committee. At the end of the public meeting the Next Steps were outlined. • CAO will compile all the public comments and provide an update to his report for the May 20th, 2015 Committee of the Whole and then to May 25th Council meeting. • Presentation will be added to the website and open for comments to May 20th, 2015. Financial Impact It should be noted that there will be additional costs related to the watermain project regarding engineering services, sidewalk construction due to the proposed changes. A modification of current drawings as supplied by the engineer to have the water main aligned parallel with the curb (rather than diverting around the gates) will be required. To proceed with a new accessible sidewalk extending to the south side of Madill’s Gas Bar and Restaurant would be approximately $15,000 and could be facilitated as part of the Transportation and Environmental Services 2015 capital budget. Staff is currently gathering data to firm up the costs associated with this modification. It is estimated the added cost could be estimated to an upset limit of $25,000. Of note, is that when preliminary Bell locates were completed it was noted that the Bell lines are running on an angle and will make construction very difficult. Bell has been contacted and has provided costing to move the Bell Page 90 of 273 CAO Memo 15.05 Page 4 lines to the east side of the gas main. This estimate of $12,000 has already been incorporated into the costing estimate of the project and the design engineering estimates that the costs for a contractor to have to work around the lines would far exceed this estimate. It is recommended that this proceed, as it would have the Bell lines straightened and moved a sufficient distance from the water line. In 2014, the Municipality had the sanitary and storm sewers flushed and videoed. The videos were reviewed by both staff and the engineers with only a few areas of concern noted. At this time the concerns are not structural and are not in the work zone. Staff and the consulting engineer agree that these areas should be monitored and repairs made in the future if needed but there is no financial consideration included in the projected costs. Legal Impact: There are no legal implications as a result of the recommendations outlined in this report. Staffing Considerations: There are no staffing implications as a result of the recommendations outlined in this report. Attachments: May 4, 2015 Presentation Respectfully submitted by, ______Dan Best MPA, BA Chief Administrative Officer Page 91 of 273 Centennial Gates Page 92 of 273 Markdale May 4, 2015 Agenda 2 Background (what we have been able to gather) Issue Options Next Steps Page 93 of 273 Municipality of Grey Highlands – Centennial Gates Background 3 The Centennial Gates were installed in 1949 as a memorial of the town’s early life. The presentation of the Centennial Gates, which were a part of Markdale’s celebration of the 100th anniversary of the founding of the community. The gateway was made possible by the contributions of former residents, and be a lasting memorial of the great homecoming Page 94 of 273 celebration (The Markdale Standard on Thursday, August 4, 1949) Municipality of Grey Highlands – Centennial Gates Background 4 The connecting link in Markdale was reconstructed after 1974. Toronto Street (Highway 10) was widened, making it necessary to relocate the gates. The wooden gates were upgraded with stonework. This Page 95 of 273 work was done in 1984. Municipality of Grey Highlands – Centennial Gates Background – Northern Gates 5 Page 96 of 273 Municipality of Grey Highlands – Centennial Gates Background – Northern Gates 6 Page 97 of 273 Municipality of Grey Highlands – Centennial Gates Background Northern Gates 7 Page 98 of 273 Municipality of Grey Highlands – Centennial Gates Background Southern Gates 8 Page 99 of 273 Municipality of Grey Highlands – Centennial Gates Background Southern Gates 9 Page 100 of 273 Municipality of Grey Highlands – Centennial Gates Background Southern Gates 10 Page 101 of 273 Municipality of Grey Highlands – Centennial Gates \._.u Background Southern Gates 11 Page 102 of 273 Municipality of Grey Highlands – Centennial Gates Issue 12 Resident Concerns regarding safety of the location of the gates Watermain Project on Highway 10 Page 103 of 273 Municipality of Grey Highlands – Centennial Gates Safety Concerns 13 Both sets of gates are either in whole or in part within the right of way (ROW) and do not meet setback requirements Residents have raised concerns regarding sight lines and visibility at the northern gates Sight lines and visibility issues are amplified during the winter season Traffic flows along Highway 10 have Page 104 of 273 increased and speed is also becoming a factor through the village Municipality of Grey Highlands – Centennial Gates Watermain Project - 2015 14 In 2014, Council authorized the engineering for the installation of a new 10” water main on Hwy 10 south from Uplands to the South limits of Madill’s Gas Station. The project includes removal of the current sidewalk and curb on the east side of Hwy 10. The new water main would run down the shoulder of the road. Page 105 of 273 Municipality of Grey Highlands – Centennial Gates Watermain Project - 2015 15 This project includes installing a water main crossing at the south entrance to Grey Gables that would eventually connect a loop over to Queen St. and Eliza St. water mains. Page 106 of 273 Municipality of Grey Highlands – Centennial Gates Watermain Project - 2015 16 Benefits The current water main in this area is 4” cast iron and requires replacement with a larger diameter to meet MOE guidelines for fire flows. The water pressure and flow issues that currently exist in this area will be alleviated for the existing users. The upgrades are timely for the announcement of the new hospital as the improved infrastructure would be required to support this venture. A stub will be installed to allow for a water main loop back to Clugston St. which will increase flows and make it Page 107 of 273 possible for future development in this area. Municipality of Grey Highlands – Centennial Gates Watermain Project -Challenges 17 Based on the current position of the gates on the east side , the water main would need to be diverted Result in potential problems with increased mechanical joints and increased possibility for leaks. Sidewalks would end at the gates if not removed which inhibits access to business in southern Page 108 of 273 end of the village Municipality of Grey Highlands – Centennial Gates Options - Safety 18 Do nothing Remove the Gates Remove and relocate Remove, relocate and create a new feature Page 109 of 273 Municipality of Grey Highlands – Centennial Gates Staff Recommendation 19 Remove, relocate and create a new feature Eliminates the sight line obstructions Allows for the utilities to be installed parallel with the highway, and the sidewalks to be installed to the south limits and give pedestrian access to the south end of Markdale Gives staff sufficient time to research and apply for grants or funding available for the preservation of cultural heritage. If funding is not available, this option also permits adequate time to budget for the reinstatement or revitalization of the Centennial Gates. Page 110 of 273 The installation of the new feature be coordinated around Canada’s Sesquicentennial Anniversary of Confederation in 2017. Partnerships Municipality of Grey Highlands – Centennial Gates Staff Recommendation 20 Remove, relocate and create a new feature Resolves issues with existing Bell lines Significantly reduces potential leaks in the future Page 111 of 273 Municipality of Grey Highlands – Centennial Gates Draft Recommendation 21 That staff be authorized to remove the existing Centennial Gates in Markdale; And that Terms of Reference be developed by staff for a Committee to be established to determine future possibilities for the use of the Centennial Gates; And that the Terms of Reference be forwarded to a Committee of the Whole Meeting on June 17, 2015 And that the recommendations of the Committee be presented to Council no later than October 31, 2015 Page 112 of 273 Municipality of Grey Highlands – Centennial Gates Examples from Other Municipalities 22 I4 2.1. I Page 113 of 273 Municipality of Grey Highlands – Centennial Gates Examples from Other Municipalities 23 Page 114 of 273 Municipality of Grey Highlands – Centennial Gates Page 115 of 273 Thank you JOINT BUILDING SERVICES PROPOSAL On behalf of the Municipality of West Grey, Township of Chatsworth and Municipality of Grey Highlands Page 116 of 273 JOINT BUILDING SERVICES PROPOSAL Table of Contents INTRODUCTION ...... 3 CURRENT CONTEXT ...... 3 INITIAL FINDINGS ...... 5 Municipal Expenditures Today...... 5 Table 1: ...... 5 Cost Sharing ...... 5 Table 2: ...... 5 METHODOLOGY ...... 6 Staffing ...... 6 Figure 1: Proposed Organizational Chart ...... 7 ESTABLISHING A BUDGET ...... 7 Table 3: Proposed 2015 Budget (Annualized) ...... 7 Table 4: Capital Budget Requirements ...... 8 JOINT BUILDING SERVICES COMMITTEE ...... 9 NEXT STEPS ...... 10 SUMMARY ...... 10 APPENDIX A: JOINT BUILDING SERVICES AGREEMENT ...... 11 2 | Page Page 117 of 273 JOINT BUILDING SERVICES PROPOSAL INTRODUCTION The purpose of this proposal is to present an opportunity to provide shared Building Services to the respective Councils of the Township of Chatsworth, Municipality of West Grey and the Municipality of Grey Highlands. Re-designing local services to meet the needs of local people is a constant challenge. It is a challenge which can only be met by strong leadership and good partnerships working at the local level. This proposal is an important step forward in identifying the service delivery costs of services (in this instance building services), assessing and supporting work to achieve greater value for money. Across the public sector, citizens increasingly and rightly expect good value for money. In moving forward with this initiative it was critical to ensure the following value proposition was established: • Manage services delivery costs more effectively • Provide resources for the front line • Improve or increase services to the respective member municipalities. CURRENT CONTEXT Building Departments are responsible for the administration and enforcement of the Ontario Building Code. The Ontario Building Code regulations set the standards for new construction, including renovations and changes in use and at what stages of construction a building must be inspected. A permit is required from the Building Division prior to proceeding with any construction. Building Departments carry out inspections for a number of purposes, with public service, public health and safety being the main concerns. Building Departments are responsible for the issuance of permits such as the following: • Building Permits • Demolition Permits • Change of Use Permits • Plumbing Permits • Septic Permits Section 7(4) of the Building Code Act states that every twelve months, each municipality shall prepare a report that contain such information as may be prescribed about any fees authorized under the Act and costs of the municipality to administer and enforce the Act in its area of jurisdiction. 3 | Page Page 118 of 273 JOINT BUILDING SERVICES PROPOSAL Total Fees: This refers to revenues generated from building permit fees. This does not include revenues generated from other sources such as fines or fees or revenues for other municipal services. Direct and Indirect Costs: The second component of the annual report sets out the direct and indirect costs of administration and enforcement of the building service. Direct costs are the costs of the building department itself, while indirect costs are for services provided to the building department by other departments within the municipality. Reserve Fund: The final component is to report on reserve funds. Reserve funds are created when the total fees received exceed the total direct and indirect costs. Reserve funds are intended to be set aside to offset costs in years where building fee revenues are less than the costs of delivering building services. Reserve funds can only be spent on Building Department related expenses. Full Cost Recovery: Building services must be funded by the user, not the rate payer. All three municipalities currently operate building services on an independent basis. At the present time, the position of Chief Building Official (CBO) is vacant in the Township of Chatsworth and the Municipality of West Grey. In the interim, the Municipality of Grey Highlands has been providing building services based on the existing reciprocal agreement with the Municipality of West Grey and on a cost recovery basis with the Township of Chatsworth. In addition, the Municipality of Grey Highlands CBO is named as the CBO for both the Township of Chatsworth and the Municipality of West Grey in accordance with applicable legislation. It is important to note that this current arrangement is unsustainable due to the maximization of existing resources. As a result of the current environment, the Respective Chief Administrative Officers and incumbent CBO began discussions this spring to determine the viability of consolidating building services. Based on the discussions of the group, it was proposed to move forward to a consolidated building services model with the Municipality of Grey Highlands administering the building services function on behalf of the three municipalities. It was anticipated that there would be efficiencies found and at the same time an opportunity to improve services to our stakeholders. In addition to building services the topic of source water protection and by- law enforcement was reviewed. At this time, it is the position of the group that the three municipalities who provide by-law enforcement on a “complaint” basis could undertake joint contracted services through a quotation for services and potentially look at an individual who has a 4 | Page Page 119 of 273 JOINT BUILDING SERVICES PROPOSAL background in law enforcement. Source Water Protection (SWP) can be incorporated into the delivery of building services (as is currently done in the Municipality of Grey Highlands) for further efficiencies. INITIAL FINDINGS In reviewing the expenditures for the all three municipalities, the following table outlines the information provided: Municipal Expenditures Today Table 1: MUNICIPAL EXPENDITURES Municipality Amount Municipality of Grey Highlands $267,072.00 Municipality of West Grey $250,000.00 Township of Chatsworth $146,571.00 Total Expenses $663,643.00 Chatsworth is based on 2014 budget Cost Sharing A compilation of the total number of permits in 2014 was undertaken. The following table outlines the information provided: Table 2: MUNICIPAL PERMITS 2014 Municipality PERMITS Municipality of Grey Highlands 398 Municipality of West Grey 238 Township of Chatsworth 150 T otal Permits 786 It was determined that the cost sharing model would be based on each party’s share of costs and expenses for the enforcement of the Building Code Act and its regulations. The costs were calculated based on the permits issued during the preceding year in accordance with the following formula: Member Municipality # of Permits Total Permits Issued by All Member Municipalities 5 | Page Page 120 of 273 JOINT BUILDING SERVICES PROPOSAL Based on this model, the cost sharing model will be the following: • Municipality of Grey Highlands 51% • Municipality of West Grey 30% • Township of Chatsworth 19% METHODOLOGY With this base information, the group assessed the current service delivery and developed a future service delivery based on the following methodology: 1) Calculation of Costs a. Direct and Indirect Costs b. Operating Expenses including Office and Supplies, Building related and Capital costs c. Time allocation and salary and benefit costs for support staff d. Time allocation and salary and benefit cost for Building Department staff 2) Calculation of Revenue a. Building Permit Activity and fees paid 3) Operating Expenses including Office and Supplies, Building related and Capital costs 4) Time allocation for support staff 5) Time allocation for Building Department Staff 6) Revenue vs. expenses Based on the methodology above, an optimal staffing model, operating budget and capital budget was developed. Staffing Currently, there is a complement of three (3) Chief Building Officials for the three respective municipalities. The proposed Building Services structure will be comprised of 5 staff. All staff, with the exception of the Administrative Assistant will be qualified to do plans review and inspections. 6 | Page Page 121 of 273 JOINT BUILDING SERVICES PROPOSAL Figure 1: Proposed Organizational Chart Chief Building Official Municipal Service Assistant Services Building Inspector Building Inspector Building Inspector Building Inspector Plans Examiner ESTABLISHING A BUDGET The following Tables outline the proposed operating and capital budgets for 2015. Table 3: Proposed 2015 Budget (Annualized) 2015 JOINT BUILDING SERVICES OPERATING BUDGET (ANNUALIZED) Budget Account Description Wage Recovery 0 Recovery - Revenue 0 Fee Revenue - Compliance Letters -17,000 Fee Revenue - Filing -36,000 Fee Revenue - Building Permits -356,644 Fee Revenue - Septic Reviews -12,000 Fee Revenue - Septic Permits -30,000 Salaries & Wages 300,000 Employee Benefits 75,000 W SIB 6,500 Mileage/travel 250 Telephone & Wireless 2,500 Conferences/Conventions 2,000 Office Supplies & Equipment 6,000 Education & Training 10,000 Professional - Legal 10,000 Memberships/Professional Licenses/Dues 2,500 Insurance Premiums 1,500 Copier Lease 3,500 Cleaning Services 5,000 Licensing Fees 294 Interdepartmental Allocation 8,400 Vehicle/Machine Parts & Repairs 2,000 Fuel 15,000 Safetywear / Clothing Expense 1,200 Capital Purchases - non-TCA 0 Building Services 0 Total Expenses $451,644.00 MGH Cost Share of 51% -$230,338.00 West Grey Cost Share of 30% -$135,493.00 Chatsworth Cost Share of 19% -$85,813.00 7 | Page Page 122 of 273 JOINT BUILDING SERVICES PROPOSAL Table 4: Capital Budget Requirements 2015 JOINT BUILDING SERVICES CAPITAL BUDGET Budget Account Description MGH Share -35,700 West Grey Share -21,000 Chatsworth Share -13,300 Total Revenue -70,000 Office Setup 35,000 Vehicle 35,000 Total Expenses 70,000 It should be noted that the above operating and capital budgets would be for building services only. It is anticipated that the by-law services could be obtained through outsourcing on behalf of the member municipalities within the 2015 budget constraints and cost allocation would be directed to each member municipality. If desired, the administration of by-law services could be undertaken by building services or alternatively re-allocated to our existing individual resources. Source Water Protection (SWP) could be conducted under this building services model but would need to be reconciled. Capital costs would be associated with the need for an additional vehicle for the service model. A new location would be established at 50 Lorne Street, Markdale that would house Building Services operations. This expenditure is required as our current municipal office does not have capacity to house any additional staff. In order to ensure that our service levels are maintained throughout our member municipalities, Building Services staff would need to have a physical preference in West Grey and Chatsworth offices. Based on discussions, it was determined that “satellite services” building services would occur as follows: West Grey – Monday and Thursday Chatsworth -Wednesday As with all schedules, flexibility is required, but it was felt a “physical presence” was needed. This does not preclude calls the fact that it is anticipated that there will be a daily presence “in the field” across all our respective municipalities. 8 | Page Page 123 of 273 JOINT BUILDING SERVICES PROPOSAL JOINT BUILDING SERVICES COMMITTEE As outlined in greater detail within the Joint Building Services Agreement, a committee (Joint Building Services Committee) should be established among the participating member municipalities. The respective Mayors of the municipalities shall be the first members of this committee. The purpose of the committee is to administer the agreement. The respective Councils will have the ability to appoint an alternate representative. The organization and duty of the committee will be as follows: The Joint Building Services Committee shall consist of one (1) Elected Council Member from each Council: Grey Highlands; West Grey and Chatsworth. The Joint Building Services Committee shall have the authority to and be responsible for: i. Electing a chairperson annually from its members who shall have authority to call special meetings when necessary; ii. Providing a Secretary from the Administering Municipality to keep and record minutes of all meetings and proceedings of the Joint Building Services Committee; iii. Recommendation of draft annual budgets to be submitted to the Councils of the parties in accordance with the party’s budget cycles; iv. Formulating policies, rules and regulations for and relating to the administration of the Joint Building Services Committee for consideration by the Councils of the parties; v. Commitment to work towards harmonization of fee structure across the member municipalities. vi. Ensuring that the basic administrative system as set out in the agreement is followed and that the basic financial administration formula forming part of this agreement is adhered to; vii. One vote is recorded for each municipality. 9 | Page Page 124 of 273 JOINT BUILDING SERVICES PROPOSAL NEXT STEPS The following timetable has been established for the respective CAOs to come before their respective Councils for approval of the proposal. • May 20th – Committee of the Whole - MGH • Council May 25th – MGH Should the Municipality of Grey Highlands not approve the proposal, there will be no need to proceed • May 25th - Committee of Whole – West Grey • May 27th - Committee of Whole – Chatsworth • July 1, 2015 – implementation SUMMARY As stated at the beginning of this proposal, it was critical to ensure the following value proposition was established: • Manage services delivery costs more effectively • Provide resources for the front line • Improve or increase services to the respective member municipalities. Based on the proposal before you, it would appear that the first two elements have been achieved. The third element can only be achieved through implementation. It is our expectation, that this element will be achieved as well. Respectfully submitted, ______Dan Best MPA, BA Chief Administrative Officer On behalf of the CAOs of the Municipality of West Grey, Township of Chatsworth and Chief Building Official John Acres 10 | Page Page 125 of 273 JOINT BUILDING SERVICES PROPOSAL APPENDIX A: JOINT BUILDING SERVICES AGREEMENT 11 | Page Page 126 of 273 The Corporation of the Municipality of Grey Highlands By-Law Number 2015-xx A By-Law To Authorize The Execution Of A Joint Building Services Agreement with the Corporation of the Municipality of West Grey and the Corporation of the Township of Chatsworth Whereas Section 8 of the Municipal Act 2001, S.O. 2001, as amended provides that a municipality has the authority to govern its affairs as it considers appropriate and enables the municipality to respond to municipal issues; And Whereas it is deemed necessary and desirable that the Council of the Corporation of the Municipality of Grey Highlands enact a by-law authorizing the Corporation to enter into a Joint Building Services Agreement with the Corporation of the Municipality of West Grey and the Corporation of the Township of Chatsworth. Now Therefore the Council of the Municipality of Grey Highlands hereby enacts as follows: 1. That the Mayor and Municipal Clerk are hereby authorized to execute the Joint Building Services Agreement with the Corporation of the Municipality of West Grey and the Corporation of the Township of Chatsworth. 2. The Agreement is attached hereto as Schedule “A”, and forms part of this by-law. 3. The term of the Agreement shall be effective as of July 1, 2015 for an indefinite time period. 4. That this by-law comes into full force and effect as of the date of passing. GIVEN ALL THREE READINGS AND PASSED: May xx, 2015 The Corporation of the Municipality of Grey Highlands ______Paul McQueen, Mayor ______Debbie Robertson, Municipal Clerk Page 127 of 273 JOINT BUILDING SERVICES AGREEMENT THIS AGREEMENT MADE THIS 25th Day of May, 2015 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS (HEREINAFTER CALLED “GREY HIGHLANDS”) OF THE FIRST PART AND THE CORPORATION OF THE MUNICIPALITY OF WEST GREY (HEREINAFTER CALLED “WEST GREY”) OF THE SECOND PART AND THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH (HEREINAFTER CALLED “CHATSWORTH”) OF THE THIRD PART Whereas Section 3(3) of the Building Code Act authorizes municipalities to enter into agreements for the joint enforcement of the Act; the sharing of costs of enforcement and the appointment of a Chief Building Official and the Inspectors; AND WHEREAS the municipalities have agreed to establish a committee to administer this agreement; AND WHEREAS the municipalities intend to pay for the costs of enforcing the Act through the fees and charges imposed on building permit applicants; NOW THEREFORE this agreement witnesseth that the parties hereto and covenant and agree the one with the others as follows: PART 1: SCOPE 1. Definitions a) “Act” shall mean the Building Code Act S.O. 1992 c. 23 and any Regulation passed thereunder b) “Chief Building Official” or “CBO” shall mean the chief building official appointed by the participating parties to enforce the Building Code Act within the boundaries of the three municipalities. c) “Committee” shall mean the Joint Building Services Committee established under Part 3 of this agreement; d) “Inspector” shall have the same meaning ascribed to it in the Act e) “Administering Municipality” shall mean the municipality that manages the financial and secretarial requirements of the Joint Building Services Committee (JBC). Currently this is the Municipality of Grey Highlands. In the event of changes in the Joint Building Services Committee Membership, the committee shall appoint a new administering municipality from amongst the remaining members as necessary. f) “Member Municipality” shall mean the municipalities as listed on Page 1 of this agreement 1 | Page Page 128 of 273 JOINT BUILDING SERVICES AGREEMENT 2. Schedules Attached The following Schedules are attached to and form part of this agreement Schedule A: Administration Schedule B: Financial Administration Schedule C: Cost Sharing Provisions 3. Joint Enforcement The parties agree to jointly enforce the Act through the appointment of a common chief Building Official and Inspectors as required by the Act 4. Effective Date This agreement shall be effective from July 1, 2015 for an indefinite time period PART 2: OPERATIONS AND FINANCIAL ADMINISTRATION 1. Officials The Chief Building Official and inspectors shall be employees of the Administering Municipality for remuneration and benefit purposes only 2. Obligation to Cost Share The proportionate share of expenses shall be determined by the committee in accordance with the procedure/formula set out in Schedule C. 3. Financial Transactions The Administering Municipality on behalf of the Joint Building Services Committee shall complete the financial transactions in accordance with the method as set out in Schedule B on a timely basis 4. Fees and Fee Collection a. The parties hereby acknowledge and agree that all fees and charges payable to pursuant to its respective “Building By-law” and/or any “Fees and Charges By-law” are hereby directed to be paid to and may be collected by the Administering Municipality and the aforementioned by-laws shall be amended if necessary to reflect this direction. b. The parties hereby acknowledge and agree to adopt the fee schedule and construction cost guidelines in their respective building by-laws as periodically amended. The Committee shall review the fees schedule and make recommendations for an adjustment to fees to the member municipalities. 5. Payment of Obligations Each party hereby acknowledges and agrees that all fees collected by the Committee pursuant to Section 4 shall be used by the Committee to satisfy each municipality’s obligations. 2 | Page Page 129 of 273 JOINT BUILDING SERVICES AGREEMENT 6. Surplus and Shortfall a. The member Municipalities shall retain any surplus in reserve for future expenses, subject to subsection (c). b. Each party, upon the request of the Committee, shall pay to the Committee such amounts as are necessary to remedy any real or anticipated shortfall in revenue (the “shortfall payment”) during the year. The amounts payable by each municipality shall be based on the municipality’s proportionate share of expenses as determined under Schedule C. c. Any surplus, as calculated at year end shall be first used to refund or repay any shortfall payments made during the calendar year and prior years. Upon refunding or repaying shortfall payments, any surplus of the annual expenses shall be retained by the committee to pay future expenses, training, education and wages. PART 3: COMMITTEE ADMINISTRATION/ORGANIATION 1. Establishment and Appointments a. A Joint Building Services Committee, comprising of one member of Council of each of the parties, shall be established to administer this agreement. b. Each party shall appoint a second member of Council to act as an alternate representative for the municipality and such member may attend meetings of Committee in place of the appointed member of Council. 2. Organization and Duty a. The Joint Building Services Committee shall consist of one (1) Elected Council Member from each Council: Grey Highlands; West Grey and Chatsworth. The Joint Building Services Committee shall have the authority to and be responsible for: i. Electing a chairperson annually from its members who shall have authority to call special meetings when necessary; ii. Providing a Secretary from the Administering Municipality to keep and record minutes of all meetings and proceedings of the Joint Building Services Committee; iii. Recommendation of draft annual budgets to be submitted to the Councils of the parties in accordance with the party’s budget cycles; iv. Formulating policies, rules and regulations for and relating to the administration of the Joint Building Services Committee for consideration by the Councils of the parties; v. Commitment to work towards harmonization of fee structure across the member municipalities. vi. Ensuring that the basic administrative system as set out in Schedule A attached hereto and forming part of this agreement is followed and that the basic financial 3 | Page Page 130 of 273 JOINT BUILDING SERVICES AGREEMENT administration formula as outlined in Schedule B forming part of this agreement is adhered to; vii. One vote is recorded for each municipality. b. Each municipality is to remit their resolutions within thirty (30) days from the date of the Joint Board Committee Meeting. Failure to respond would be considered as positive support for the resolution, except as outlined in Part 3.2.g. c. The Joint Building Services Committee shall ensure that information is forwarded to the Councils of the parties at a minimum of three times per calendar year. The Joint Building Services Committee shall not incur any liability in excess of the amounts as approved in the annual budget without prior approval thereof to be evidenced by resolution of each of the parties hereto. d. All matters coming before the Joint Building Services Committee for decision shall be decided by majority vote of the member municipalities. Two municipalities shall constitute a majority. No one member shall have veto power but the majority shall rule. e. All parties agree to appoint, by By-law authorized under Section 3(1) of the Building Code Act 1992, a Chief Building Official and Inspectors. f. In recognition of majority rules, where a participating municipality fails or refuses to appoint such Chief Building Official or Inspector(s) as recommended by the Committee within thirty (30) days of the date of such recommendation, such failure or refusal shall be deemed to be notice of withdrawal as contemplated in Part 4, Section b. Such notice shall be deemed to have been received by the Secretary of the Committee on the thirty first (31st) day after the date of the aforementioned recommendation. Member municipalities which were not in agreement with the majority must re-submit a supporting resolution, together with a copy of the resolution rescinding their previous motion on the same matter within thirty (30) days of the voting results. g. That the parties hereto understand and agree that the services as provided by the Joint Building Services Committee are provided in a manner in that the services provided in the individual municipalities are the responsibility of the individual municipality, and any liability accruing from the provision of these servicers is applicable to that individual municipality in which the liability may occur. 4 | Page Page 131 of 273 JOINT BUILDING SERVICES AGREEMENT 3. Procedures a. The Committee shall hold at least three (3) Regular meetings each calendar year at such place and time as may be determined by the Committee. b. In order to constitute a valid meeting of Committee, a quorum, being a majority of members, shall be present. Where a quorum of the Committee exists, all business of the Committee shall be decided upon by simple majority of the members present. c. The Joint Building Services Committee shall adopt and use the Procedural By-law of the Administering Municipality, as that relates to the calling and conduct of Committee meetings, for its meetings. PART 4: ENFORCEMENT AND LIABILITY 1. Proceedings under Section 36 or 38 of the Act a. All proceedings under Sections 36 and 38 shall be commenced in the name of the CBO for the applicable municipality within which the proceeding arose. b. Each Municipality shall be solely responsible for the costs of any proceedings under Section 36 or 38 and shall be solely entitled to any award or costs in favour of said Municipality in such proceedings. 2. Administration and Withdrawal a. A party may withdraw from this agreement and the joint enforcement of the Building Code Act in accordance with the following conditions: i. A withdrawal shall be effective on June 30th or December 31st of a calendar year; ii. The notice of the withdrawal shall be submitted in writing to the Secretary of the Joint Building Services Committee stating one of the dates in subsection (i) no later than February 28th for a June 30th withdrawal and August 3oth for a December 31st withdrawal. iii. A withdrawing party shall not be responsible for making any payment which is requested under the authority of Part 2, Section 6b unless such a request for payment has been made prior to the date upon which the withdrawing party gave notice of its intention to withdraw. iv. A withdrawing party shall not be entitled to any potential refund or repayment provided under Part 2, Section 6c for the calendar year (or part thereof) in which its withdrawal is effective but remains eligible for any potential refunds or repayments for a prior calendar year. 5 | Page Page 132 of 273 JOINT BUILDING SERVICES AGREEMENT b. Notwithstanding subsection (ii) whereupon the parties have unanimously agreed to terminate this agreement, the parties agree that such termination shall be deemed to be effective as at June 30th or December 31st if the agreement to terminate occurred after April 1st in order to allow time for the calculation of all revenue and expenses to the effective date of the termination. Each party agrees that it will submit any cost contribution owing within thirty (30) days of the determination and that such monies shall be distributed to those municipalities by the Administering Municipality which are determined to have “credit” balance concerning shared expenses. c. The parties hereto shall execute such further assurances as may reasonably be required to carry out the terms thereof. d. Upon the execution of this agreement, any existing agreements amongst the parties, as amended, with respect to the Joint Building Services Committee shall forthwith become null and void. e. In the event that any covenant, provision or term of this agreement should at any time be held by any competent tribunal to be void or unenforceable, then the agreement shall not fail, but the covenant, provision or term shall be deemed to be severable from the remainder of this agreement which shall remain in full force and effect mutatis mutandis. 3. Indemnification a. Each party covenants and agrees with the other participating municipalities on behalf of itself, its successors and assigns, to indemnify and save harmless the participating municipalities, their servants and agents from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of enforcement of the Building Code Act, etc. within the territorial boundaries of the individual municipality in connection with the carrying out of the provisions of this agreement. b. Each party further covenants and agrees to release and forever discharge the other participating municipalities from and against all claims, demands, causes of action, of every nature and type whatsoever that may arise either as a result of the failure of the Joint Building Services Committee to carry out any of its obligations under this agreement , provided that such default, failure or neglect was not caused as a result of negligence on the part of the Joint Building Services Committee, its servants or agents. 6 | Page Page 133 of 273 JOINT BUILDING SERVICES AGREEMENT IN WITNESS WHEREOF the Parties have hereunto affixed the signatures of their duly authorized officers together with their corporate seals. By the Municipality of Grey Highlands on the day of , 2015 THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS Per: Mayor Paul McQueen Per: Debbie Robertson, Clerk By the Municipality of West Grey on the day of , 2015 THE CORPORATION OF THE MUNICIPALITY OF WEST GREY Per: Mayor Kevin Eccles Per: Mark Turner, Clerk THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH By the Township of Chatsworth on the day of , 2015 Per: Mayor Bob Pringle Per: Will Moore, CAO/Clerk 7 | Page Page 134 of 273 JOINT BUILDING SERVICES AGREEMENT SCHEDULE A TO JOINT BUILDING SERVICES COMMITTEE AGREEMENT ADMINISTRATION 1. Chairperson – As required pursuant to Part 3, Section 2(a) (i), the Committee shall elect a Chairperson in January from amongst their membership to chair their meetings. The Chairperson has full voting powers at the meetings of the full Committee. 2. The Votes – A tie vote on any proposed action of the Committee is considered a defeated motion. 3. Record of Proceedings-The CAO of the Administering Municipality or designate shall act as the Secretary of the Joint Building Services Committee. Minutes will be forwarded to the Municipal Clerks of the respective municipalities; Chief Building Official and each committee member. 4. Joint Building Services Committee Authority – The Joint Building Services Committee is an advisory and administrative body. Any recommendations of the Committee have to be implemented by the individual municipality to have full force and effect. 5. Daily Administration – The Chief Building Official is responsible for the enforcement of the Ontario Building Code. On behalf of the Joint Building Services Committee, all dealings of the Committee shall go through the Chair who serves as the spokesperson. 8 | Page Page 135 of 273 JOINT BUILDING SERVICES AGREEMENT SCHEDULE B TO JOINT BUILDING SERVICES COMMITTEE AGREEMENT FINANCIAL ADMINISTRATION 1. The Joint Building Services Committee in collaboration with the Chief building Official prepares a joint Annual budget for the member municipalities. 2. The budget is subject to the approval of the majority of the member municipal Councils. 3. Financial transactions will be administered by the Administering Municipality on behalf of the member municipalities and subject to monthly reporting and quarterly reconciliations. 4. All costs shall be borne by the participating members through the collection of building permit fees, associated fees and shortfall payments as defined in Schedule C. 5. Revenues for all member municipalities will be tracked separately and after the cost sharing formula is applied any net revenues will be forwarded to the member municipalities to be retained in a building reserve. 9 | Page Page 136 of 273 JOINT BUILDING SERVICES AGREEMENT SCHEDULE C TO JOINT BUILDING SERVICES COMMITTEE AGREEMENT COST SHARING PROVISIONS 1. Cost Sharing – Each party’s share of costs and expenses for the enforcement of the Building Code Act and its regulations pursuant to this agreement shall be calculated based on the permits issued during the preceding year in accordance with the following formula: Member Municipality # of Permits Total Permits Issued by All Member Municipalities Fees and charges are set by the respective member municipalities. 10 | Page Page 137 of 273 MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER 2014 - 46 A by-law to confirm the appointment of members and officials to various Boards and Committees in the Municipality of Grey Highlands Being a by-law respecting the appointment of Members of Council and Public Representatives of the Municipality of Grey Highlands and to appoint Members of Council as representatives of the Municipality of Grey Highlands to external boards and organizations (Amended 2014-12-15 By-law 2014-91) (Amended 2015-xx-xx By-law 2015-xx) WHEREAS it is necessary to appoint and confirm members and officials to various Boards and Committees: WHEREAS, Section 8 of the Municipal Act, R.S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS, Section 5 of the Municipal Act, R.S.O. 2001, c.25, as amended states that the powers of the municipal council shall be exercised by by-law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS, it is deemed necessary to appoint certain persons to Boards and Committees of the Municipality of Grey Highlands to advise and represent Council on various matters under its jurisdiction; AND WHEREAS, from time to time Council may by resolution, appoint members to Ad Hoc Committees for the purpose of managing projects of a specialized nature; AND WHEREAS, appointments to the Committee of Adjustment are administered separately under the provisions of the Planning Act; NOW THEREFORE the Council of the Corporation of the Municipality of Grey Highlands hereby enacts the following: 1. Any by-laws inconsistent with this by-law are hereby repealed. 2. That the following be appointed as members of the Community Centre Boards under the Community Recreation Centres Act, 1974, as amended persons are hereby appointed to: Badjeros Athletic Field - Councillor Desai, Councillor Mokriy (Alt), Blair Priddle, Mark Hannon, Rick Hannon, Kevin Seeley, Maurice Aldcorn, Don Johnson, Dennis Coe, Jason Ferguson, Don Berry- McIntosh (Amendment By-law 2014-91) Eugenia District Community Improvement Association - Deputy Mayor Halliday, Councillor Harris (Alt),Debbie Clark, Sharon Wickens, Ron Barnett, Jackie Fiske, Don Alp, Leann Alp, Elaine Miske (Amendment By-law 2014-91) Feversham Park - Councillor Mokriy Councillor Desai (Alt), Jill Badgerow, Joan Muir, Kimberley Briggs, Jeff Fisk, Mike Bryant, Joan Laskovich (Amendment By-law 2014-91) Flesherton Beautification and Improvement Committee – Page 1 of 5 Page 138 of 273 BY-LAW 2014 - 46 Councillor Harris, Councillor Desai (Alt), Doug Alton, Jean Batchelor, Scott Betts, Bev Giles, Janet Lamb, Joanne Laws, Peter Ryan, Wanda Davidson, Barb Henry, Paul Allen (Amendment By-law 2014- 91) Grey Highlands Heritage Committee - Councillor Desai,, Councillor Little, Nancy Matthews, Ben Patey, Heather Sprott, Matthew Gaasenbeek, Mary Harrison (Amendment By-law 2014-91) Kimberley Community Centre - Councillor Silverton, Councillor Little (Alt), Ken Stephenson, Erika Gillis, Bob Gillis, Kerry Baskey, Mike Robinson (Amendment By-law 2014-91) South Grey Museum Board - Deputy Mayor Halliday, Councillor Harris, Colleen Boer, Josie Kruzick, Peter Ryan, Barry Penhale (Amendment By-law 2014-91) Osprey Recreation Centre - Councillor Mokriy, Councillor Harris (Alt), Greg Thompson, Lawna Coe-McInnes, Gina Jeffries, Jim Mullin, Judy Wickens, Kim Mullin, Joan Muir, Brian Mullin, Lesley Priddle (Amendment By-law 2014-91) Page 2 of 5 Page 139 of 273 BY-LAW 2014 - 46 Priceville Improvement and Recreation Committee - Councillor Harris, Councillor Little, Frank McCoy, Stella McCoy, Doug Harrison, Mary Harrison, Mark Cressman, Joan Cressman, John Kirkwood, June Kirkwood, Ken McIntyre, Edward William, Rob Graham, Lisa Graham, Mary Williams, Marjory McIntyre, Russell Blackman, Marilyn Blackman, West Grey Representative Councillor Doug Hutchinson (Amendment By-law 2014-91) Vandeleur Park - Councillor Mokriy, Councillor Desai (Alt), Murray Teeter, Alan Fawcett, Wayne Ludlow, Sharon Ludlow (Amendment By-law 2014-91) 3. That the following be appointed to the Grey Highlands Chamber of Commerce: Councillor Mokriy (Amendment By-law 2014-91) 4. That the following be appointed as representatives to the Conservation Authorities under the Conservation Authorities Act: Grey-Sauble Conservation Authority - Councillor Little (Amendment By-law 2014-91) Nottawasaga Conservation Authority - Councillor Mokriy (Amendment By-law 2014-91) Saugeen Valley Conservation Authority - Councillor Deputy Mayor Halliday (Amendment By-law 2014-91) 5. That the following be appointed: Fenceviewers - Tony Verschuren, Ray Robertson, Sam Lemon, Jeremy Hanley, under the Line Fences Act, as amended; Livestock Valuators - Mike O’Neill, Vernon Atkinson, Edith Miller, Bill Curry, Jeremy Hanley under the Livestock, Poultry and Honey Bee Protection Act, as amended; Poundkeeper - Keady Livestock Market under the Pounds Act, as amended; Weed Inspector – Steve Walmsley, Deputy Chief Building Official 6. That the following be appointed: Grey Highlands Library Board - Councillor Desai, Councillor Harris, Jim Harrold, Cynthia Stimson, David Prentice, Marg Russell, Donna Close, Alan Coleclough under the Public Libraries Act, as amended (Amendment By-law 2014-91) Page 3 of 5 Page 140 of 273 BY-LAW 2014 - 46 Farm Safety Council - Mayor McQueen, Councillor Mokriy (Amendment By-law 2014-91) Police Services Board - Council representatives: Councillor Silverton and Mayor McQueen, Community representative: Stan Baker; Provincial Appointments: Claude Mador and Gord Hedges (Amendment By-law 2014-91) Committee of Adjustment (Section 44, Section 53 and Section 54 of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, authorizes the establishment of Committees of Adjustment, to provide for minor variance and consent granting authority) Mayor McQueen, Councillor Little, Councillor Silverton, Manley Risk, Bill Trimble, Secretary Treasurer Deborah Crawford, Deputy Secretary Treasurer Debbie Robertson Amber Tabor, Planner is a member of the Committee of Adjustment in a consultative capacity as requested by the Committee (Amendment By-law 2014-91) (Amended 2015-xx-xx By-law 2015-xx) Grey Bruce Markdale Hospital Advisory Board - Councillor Mokriy (Amendment By-law 2014-91) Doctor Recruitment Committee - Councillor Desai, Councillor Harris (Alt) (Amendment By-law 2014-91) Property Standards Committee - all members of council Emergency Management Program Committee - Mayor or alternate, CEMC or alternate, CAO or alternate, Public Works Manager or alternate, Planner, Fire Chief, OPP, EMS, Protection Committee Chair Grey Highlands Community Endowment Fund Committee - Councillor Little Councillor Silverton (Amendment By-law 2014-91 xxxx-xx) Inter-Municipal Wind Turbine Working Group - Deputy Mayor McQueen, Deputy Mayor Halliday, Larry Close (Amendment By-law 2014-91) Grey Highlands Renewable Energy Working Group – , Deputy Mayor Halliday, Councillor Desai, Larry Close, Douglas Dingeldein, Mayor Paul McQueen as Alternate (Amendment By-law 2014-91) Kimberley Forest Steering Committee – Councillor Little (Amendment By-law 2014-91) Financial Assistance Program Su Committee – Councillor Harris, Councillor Mokriy (Amendment By-law 2015-xx) Page 4 of 5 Page 141 of 273 BY-LAW 2014 - 46 7. That the following be appointed as Council Liaisons to the following Departments: • Corporate - Councillor Mokriy (Amendment By-law 2014-91) • Financial - Deputy Mayor Halliday (Amendment By-law 2014- 91) • Planning - Councillor Little (Amendment By-law 2014-91) • Public Utilities - Mayor McQueen (Amendment By-law 2014-91) • Protection Services - Councillor Lynn Silverton • Transportation Councillor Desai (Amendment By-law 2014-91) • Waste Management – Councillor Harris (Amendment By-law 2014-91) 8. Council appointments will be reviewed on an annual basis. 9. By-law number 2014-06 and all other by-laws inconsistent with this by-law are hereby repealed. GIVEN ALL THREE READINGS AND PASSED: June 23, 2014 The Corporation of the Municipality of Grey Highlands Wayne Fitzgerald, Mayor ______Debbie Robertson, Municipal Clerk Page 5 of 5 Page 142 of 273 NOTICE The Government of Ontario Process for Ministers’ and Parliamentary Assistants’ Delegations at the AMO Combined Conference Sunday August 16 – Tuesday August 18 Niagara Falls, Ontario Individual Ministers and Parliamentary Assistants are being asked to participate in municipal delegations. Please note that not all Ministers and Parliamentary Assistants will be taking delegations. If your municipality wishes to meet with a Minister or Parliamentary Assistant, we ask that you complete and submit the online form. Please note all request forms must include the name of a contact person who is knowledgeable about the issue and available to respond to ministry inquiries in a timely manner. The Ministry of Municipal Affairs and Housing (MMAH) will respond to delegation requests for the Minister of Municipal Affairs and Housing. MMAH will advise other Ministers and Parliamentary Assistants of delegation requests and decisions on delegations will be made and given to you by the Ministers requested. To assist in expediting your delegation request, we ask that you use the Municipal Delegation Request Form rather than going through your MPP or directly to the Ministers’ Offices. In order to facilitate municipalities in planning their delegation schedules we will advise municipalities of their delegation times prior to the conference. As a result, no delegation requests will be accepted after the DEADLINE of MONDAY, July 06, 2015. Municipalities will be contacted by the respective Ministries about their requests and, if applicable, the meeting time and location, approximately one week before the Conference. To request a delegation meeting with a Minister, please include all the issues that you wish to discuss with that Minister on a single form. If you are requesting delegation meetings with more than one Minister, each meeting request should be made on a separate form. We ask that delegates not meet with more than one Minister on a given issue. To make the most of the delegation time available (delegations usually run 15 minutes), please ask to discuss your issue only with the Minister or Parliamentary Assistant responsible for that issue. Thank you. Vinothini Kajendran Municipal Programs and Education Branch Ministry of Municipal Affairs and Housing Telephone: 416-585-6280 E-mail : [email protected] Page 143 of 273 Terms of Reference for the Multi-Municipal Wind Turbine Working Group Name: The committee shall be known as the Multi-Municipal Wind Turbine Working Group (the “Committee”). Purpose: The purpose of the Committee is to draw together representatives from area municipalities to share and discuss and advocate “best practices” and other means to address mutual concerns regarding proposals to locate and install industrial/commercial wind generation facilities to all the relevant Government Ministries and Agencies. Activities: The Committee will meet on a regular basis to discuss ongoing matters and, where applicable, make recommendations to the Councils of the member municipalities for support and/or action as applicable. The Committee will also undertake research into various related topics and liaise with other similar working groups as appropriate to share information and ideas. The Committee may form sub-committees to concentrate on specific matters, which sub-committees will report back to the Committee on an ongoing basis. Delegated Authority: The Committee is a working group and has no delegated authority except for the advocacy of best practices. The Committee has no authority to direct staff from any of the member municipalities, and any recommendations requiring implementation, reports, staff action, or a commitment to expend money must first be approved by the respective Council or Councils as the case may be, depending on the municipality(ies) impacted, before any action by staff may be taken. Page 144 of 273 Committee Composition: The membership of the Committee will be comprised of representatives appointed by Council resolution or by-law from participating municipalities as follows: • Two members of council from each participating municipality appointed as regular members of the Committee • One member of council from each participating municipality appointed as an alternate to attend in the absence of one or both of the regular member representatives from that municipality (appointment of alternate is at the discretion of each member municipality) • One citizen member may be appointed by each member municipality for the purpose of bringing additional expertise to the discussion Should any participating municipality wish to opt out of the Committee, a resolution from the participating municipality shall be received by the Committee. There will be no refund of the annual fee to the municipality wishing to opt out. Term of Office: All members of the Committee shall be appointed for the term of the Council of the member municipality that appointed them. Each appointing Council reserves the ability to replace its appointees at its sole discretion and may do so at any time by notifying the Recording Secretary by way of resolution or by-law. Administration of the Committee: The Committee will elect a Chair and Vice-Chair from amongst its members on an annual basis, at the beginning of each calendar year. The Committee will be governed by the Procedural By-law of the Municipality of Arran-Elderslie, except as set out in these Terms of Reference. Meetings of the Committee shall be open to the public, subject to the exceptions set out in Section 239 of the Municipal Act, 2001, as amended. A maximum of three (3) delegations will be permitted to be placed on the agenda for any Committee meeting, or at the discretion of the Committee. The request to be added to the agenda and the nature of the delegation must be provided to the Recording Secretary not less than five (5) business days prior to the meeting. Each delegation will be allotted ten (10) minutes for their presentation, at the discretion of the Committee. Notwithstanding the limit to the number of delegations to be placed on the agenda, Page 2 of 4 Terms of Reference Multi-Municipal Wind Turbine Working Group Page 145 of 273 with the approval of a majority of the Committee members present, up to an additional three (3) 5-minute delegations may be permitted to address the Committee at any given meeting on short notice. Delegations will not be permitted to appear before the Committee to present the same information on more than one occasion, nor shall multiple delegations be permitted to repeat the same information as previous delegations, and the ruling of the Chair of the Committee with respect to this matter shall be final. Staff attending meetings of the Committee are not members of the Committee. All members of the Committee agree to provide financial support for the secretarial support for the Committee by forwarding, to the Municipality of Arran-Elderslie an amount as established by the Committee, and approved by consensus of the Councils of the participating municipalities. The Committee will review and levy this amount on an annual basis, at the beginning of the calendar year and this levy must be paid by June 1st in each year. In case of any participating municipality discontinuing their participating in Committee, the said municipality shall remain liable for payment of their support for that calendar year. If the Committee is disbanded, the members of the Committee at the time of disbandment shall agree how the remaining funds shall be distributed, and approved by consensus of the Councils of the remaining participating municipalities. The Committee shall provide an annual fee structure which shall be approved by Councils of the participating municipalities. A year-end financial statement will be forwarded to the Clerks of the participating municipalities by April 1st of the following year. Minutes from Committee meetings will be presented for adoption by the Committee at its next regular meeting and once adopted, forwarded to the member municipalities for information and disposition of recommendations as necessary. Membership: A yearly record of membership will be established by the Recording Secretary and the agendas and minutes will reflect the name of the appointed member’s municipality represented. This record of membership shall be updated from time to time as required, and be provided to all participating municipalities. Quorum: Quorum shall be a representation of appointed officials from a majority of the participating municipalities, either by one, two or three of the appointed members or the alternate appointee (where such appointee exists). Quorum shall be 50% of the participating municipalities plus one (1). Page 3 of 4 Terms of Reference Multi-Municipal Wind Turbine Working Group Page 146 of 273 Voting Strength: Each appointed member of a participating municipality shall carry a voting strength of one (1) vote per participating municipality and a quorum shall be 50% of the participating municipalities plus one (1). Agendas and Minutes: The Agendas will be prepared by the Recording Secretary and distributed to each participating municipality for posting in accordance with their standard practices. The minutes once adopted by the Committee will be forwarded to each participating municipality and made public by each participating municipality in accordance with their standard practices. Meeting Schedule: It is expected that the Committee will meet on an approximately monthly basis, or at the call of the Chair, as may be determined from time to time. The Committee will establish a proposed meeting schedule on an annual basis at the beginning of the year to facilitate planning. Staff Resources: Secretarial support including preparation of agendas and minutes of meetings will be provided by the Recording Secretary who is hired by the Committee. The Committee may appoint a technical assistant at a rate to be determined, and approved by consensus of the Committee, but will not exceed the annual budget. Miscellaneous: These Terms of Reference for the Multi-Municipal Wind Turbine Working Group are established by consensus of the Councils of the participating municipalities and can only be altered by consensus of those municipalities. Date of Adoption of Terms of Reference: Date of Amendment: Page 4 of 4 Terms of Reference Multi-Municipal Wind Turbine Working Group Page 147 of 273 Crawford.Deborra Subject: FW: Revised Draft Terms of Reference dated January 28, 2015 of MMWTWG Attachments: Draft Terms of Reference - Wind Turbine Working Group - Revised January 28th, 2015.pdf; Arran-Elderslie Procedural By-law (3).pdf Subject: Revised Draft Terms of Reference dated January 28, 2015 of MMWTWG To Clerks of the Participating Municipalities of the Multi-Municipal Wind Turbine Working Group: Attached please find the Revised Draft Terms of Reference dated January 28, 2015 for approval by your Councils. Kindly place this on the Agenda for your next Council meeting. The previous Draft Terms of Reference revised August 14, 2014 were approved by the Councils of all the participating municipalities prior to the October 27, 2014 election. The attached Revised Draft Terms of Reference dated January 28, 2015 clarifies the wording under "Voting Strength" to ensure that each participating municipality carries a voting strength of one. This replaces the previously worded section in which each appointed member of the participating municipality would have a vote. As this minor change is the only alteration from the previously accepted Draft Terms of Reference, we trust this will be accepted by your Councils at the next scheduled meeting. Kindly forward the resolutions approving this Revised Draft Terms of Reference to me at your earliest convenience. For your reference, I am also attaching a copy of the Procedural By-law of Arran-Elderslie which has been referenced in the Revised Draft Terms of Reference. Should you have any questions or concerns, feel free to contact me. Thank you. Teresa Gowan Recording Secretary Multi-Municipal Wind Turbine Working Group 1 Page 148 of 273 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Schedule A – General Government – Council, Boards, Committees: Rules of Procedure INDEX Article 1 SHORT TITLE 1.1 Citation Article 2 INTERPRETATION 2.1 Acting Mayor – defined 2.2 Clear days – defined 2.3 Clerk – defined 2.4 Committee – defined 2.5 Corporation – defined 2.6 Council – defined 2.7 Deputy Mayor – defined 2.8 Holiday – defined 2.9 Local Board – defined 2.10 Mayor – defined 2.11 Masculine – feminine – defined 2.12 Meeting – defined 2.13 Member – defined 2.14 Point of information – defined 2.15 Point of procedure – defined 2.16 Point of order – defined 2.17 Presiding Officer – defined 2.18 Question of privilege – defined 2.19 Quorum – defined 2.20 Recorded Vote – defined 2.21 Rules of procedure – defined 2.22 Special Committee – defined 2.23 Substantive Motion – defined Article 3 GENERAL PROVISIONS 3.1 Rules – regulations – observed – by Council 3.2 Reference – Bourinot’s Rules of Order 3.3 Conflict – Bourinot’s Rules of Order 1 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 149 of 273 3.4 Conflict – statutory provisions 3.5 Rules – suspension – alteration – 2/3 consent – required 3.6 Quorum – majority of members 3.7 Quorum – not present – adjournment – exception 3.8 Decisions – Council – expressed – resolutions – by-laws 3.9 Resolutions – by-laws – passed – enacted – majority vote 3.10 Reconsideration – after six months – any decision 3.11 Reconsideration – within six months – conditions 3.12 Reconsideration – once only 3.13 Adjournment – due to hour 3.14 Meeting – extension – majority vote – required – limited 3.15 Adjournment – meeting not extended 3.16 Orders – authority – reserved – with Council 3.17 Taping – broadcasting – permitted – conditions 3.18 Taping – request – to Clerk – prior notice 3.19 Amendment – repeal – on agenda – consideration 3.20 Amendment – repeal – majority vote – required Article 4 MEETING 4.1 First meeting – Municipal Act – applicable 4.2 First meeting – date – place – fixed by Clerk 4.3 Council – meeting schedule – second – fourth Monday – monthly 4.4 Council – meeting schedule – exceptions 4.5 Council – regular meeting – different day and time 4.6 Regular meeting – location 4.7 Special meeting – Council - committee meeting – location 4.8 Public notice – regularly scheduled meetings 4.9 Public Notice – special meetings 4.10 Public notice – emergency meetings 4.11 Public notice – education and training meetings 4.12 Public notice – other closed meetings 4.13 Public notice – municipality’s website not operational 4.14 Saving 4.15 Holiday – meeting – next following day – not holiday 4.16 Regular meeting - commencement 4.17 Additional – subsequent meeting – majority vote 4.18 Open to public – exception 4.19 Audience – Council meeting – restrictions 4.20 Public member – expulsion – improper conduct Article 5 SPECIAL MEETING 5.1 Summoned – by Mayor – at any time 5.2 Summoned – by Clerk – majority – petition of Council 5.3 Notice – two days in advance – requirements 5.4 Emergency – prior notice – not required 5.5 Emergency – notice – method 5.6 Business – stated – in notice – other – prohibited 2 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 150 of 273 5.8 Closed – may be – reasons 5.9 Closed – shall be – reasons 5.10 Closed – may be – educational and training meeting 5.11 Closed – resolution – reasons set forth 5.12 Closed – vote – not permitted Article 6 ORDER OF BUSINESS 6.1 Quorum – present – meeting – call to order 6.2 Quorum – not present – in 30 minutes – adjournment 6.3 Mayor absent – Deputy Mayor – call to order – presiding 6.4 Mayor – Deputy Mayor – absent – procedure 6.5 Adjournment – agenda – consideration – subsequent 6.6 Order of business – set out in agenda 6.7 Order of business – alteration Article 7 AGENDA 7.1 Headings – order – prepared by Clerk 7.2 Delivery – to members – prior to meeting 7.3 Delivery – to members – prior to meeting – special meeting 7.4 Delivery – to members – emergency meeting 7.5 Distribution – to officials – staff – public libraries 7.6 Not delivered – on schedule – meeting valid 7.7 Submissions – to Clerk – deadline – Council meetings 7.8 Special meeting – preparation – requirements Article 8 CORRESPONDENCE – PETITION 8.1 Included on agenda – Clerk 8.2 Referred to department head – copy to Council 8.3 Request for action – report required – exception Article 9 DELEGATION 9.1 Address – request – in writing 9.2 Address – requested late – justified – added to agenda 9.3 Address – requested late – added to next agenda 9.4 Address – requested – at meeting – majority consent 9.5 Address – maximum duration – limitations 3 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 151 of 273 Article 10 PRESIDING OFFICER - DUTY 10.1 Meeting – call to order 10.2 Motion – written – received – submitted 10.3 Vote – put to – questions – announce result 10.4 Rules of order – determination – motions – amendments 10.5 Rules of procedure – maintained 10.6 Order – decorum – enforcement – preservation 10.7 Order – to vacate seat – procedure - requirement 10.8 By-laws – resolutions – minutes – authentication 10.9 Member – selection – committees – as required 10.10 Representation – support – Council 10.11 Adjournment – suspension – meeting – when necessary Article 11 RULES OF CONDUCT – DEBATE 11.1 Speaking – Presiding Officer – to leave chair 11.2 Speaking – order – determined – by Presiding Officer 11.3 Speaker – recognition – by Presiding Officer 11.4 Speaking – twice only – exception – Council approval 11.5 Speaking – twice – all members heard from 11.6 Motion – member making – additional 3 minutes 11.7 Speaking – time limitation 11.8 Question – put through – Presiding Officer 11.9 Motion – in debate – read – any time 11.10 Disturbance – disorderly conduct – prohibited 11.11 Insults – offensive words – prohibited 11.12 Disobedience – rules – Presiding Officer – prohibited 11.13 Disturbance –leaving seat – during vote – prohibited 11.14 Interruption – speaker – prohibited – exception Article 12 QUESTION OF PRIVILEGE – POINT OF INFORMATION ORDER – PROCEDURE 12.1 Consideration – immediate 12.2 Question of privilege – procedure – over all matters 12.3 Point of information – answer – by Presiding Officer 12.4 Speaker – interruption – decision – Presiding Officer 12.5 Chair – challenged – overruled – procedure 12.6 Chair – challenge – refused – by Chair – procedure 12.7 Call to order – member – decision to expel 12.8 Expulsion – ordered – member to leave – exception 4 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 152 of 273 Article 13 MOTION – ORDER 13.1 Moved – seconded – before debate – vote 13.2 Withdrawal – at any time – before vote 13.3 Public – to be heard – only after hearing 13.4 Put – public participation – prohibited 13.5 Debate – amendment – permitted 13.6 In order – procedure 13.7 Adjourn – requirements 13.8 Proceed – beyond 11:30 p.m. – requirements 13.9 Close debate – requirements 13.10 Refer – requirements 13.11 Defer – requirements 13.12 Amendment – requirement 13.13 Amendment – one at a time – limitation 13.14 Amendment – put – reverse order – voting procedure 13.15 Suspend – rules – regulations 13.16 Point of order – procedure – information – privilege Article 14 VOTING 14.1 Motion – multiple – distinct propositions 14.2 Motion – after all spoken – put by Presiding Officer 14.3 Motion – put to vote – speaking – prohibited 14.4 Motion – vote – required – unless disqualified 14.5 Failure – to vote – deemed negative – exception 14.6 Mayor – to vote – after members – exception 14.7 Equality of votes – decision – deemed negative 14.8 Method – show of hands – exception – recorded vote 14.9 Result – announced – by Presiding Officer 14.10 Result – disagreement – immediate – vote retaken 14.11 Recorded vote – when requested – or required 14.12 Recorded vote – alphabetical order 14.13 Names – votes – position – recorded 14.14 Majority – requirement – by-law 14.15 Greater than majority – required – recorded vote Article 15 BY-LAW 15.1 Consideration – approval – by Council 15.2 Introduction – by member – title read – 3 readings 15.3 Vote – on third reading – majority required 15.4 Reading – three – same day – permitted – exception 15.5 Amendment – part of by-law – inserted by Clerk 5 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 153 of 273 Article 16 MINUTES 16.1 Information – requirements – taken by Clerk 16.2 Previous meeting – minutes – read aloud – majority request Article 17 STANDING COMMITTEE 17.1 Standing committees – appointment 17.2 Standing committees – composition – review 17.3 Mayor – ex officio member – standing committee 17.4 Standing committee – meeting – at call of chair 17.5 Standing committee – agenda – prepared by Clerk 17.6 Agenda – delivery – to members – prior to meetings 17.7 Agenda – not delivered – on schedule – meeting valid 17.8 Agenda – submission deadline 17.9 Chair – to preside – all meetings – voting authority 17.10 Vote – equal – deemed negative 17.11 Presiding Officer – powers – responsibilities 17.12 Quorum – majority of members 17.13 Special committee meeting – called by Chair 17.14 Special Committee meeting – called – written request – majority 17.15 Special meeting – committee – procedures 17.16 Business – procedure – exceptions 17.17 Speaking – to motion – once – until all spoken 17.18 Motion – to close debate – prohibited 17.19 Chair – permitted a position – without leaving 17.20 Minutes – committees – taken by Clerk 17.21 Report – to Council – all matters – recommendations 17.22 Open meetings – exception Article 18 COMMITTEE – SPECIAL 18.1 Establishment – special committees – as necessary 18.2 Special committee – Mayor – ex-officio member 18.3 Special committee – chair – appointed – procedures – determined by Council 18.4 Special committee – work – report – complete – committee dissolved 18.5 Agenda – special committee meetings – preparation 18.6 Business – procedure – exceptions 6 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 154 of 273 Article 1 SHORT TITLE 1.1 Citation This by-law may be cited as the “Procedural By-law”. Article 2 INTERPRETATION 2.1 Acting Mayor – defined “Acting Mayor” means a member of Council appointed by Council from time to time to act in the absence or incapacity of the Mayor and the Deputy Mayor. 2.2 Clear days – defined “clear days” means that where there is a reference to a number of clear days, they shall be counted by excluding the day on which the notice is given and the day of the meeting. 2.3 Clerk – defined “Clerk” means the Clerk or the Deputy Clerk of the Municipality. 2.4 Committee – defined “Committee” means any advisory or other committee, subcommittee or similar entity of which at least fifty per cent of the members are also members of one or more Councils or local boards. 2.5 Corporation – defined “Corporation” means The Corporation of the Municipality of Arran-Elderslie. 2.6 Council – defined “Council” means the Council of the Municipality of Arran-Elderslie. 2.7 Deputy Mayor – defined “Deputy Mayor” means the individual elected to the position of deputy mayor and who will act in the place or stead of the Mayor in the absence or incapacity of the Mayor. 2.8 Holiday – defined “holiday” means any holiday as defined in the Interpretation Act; Boxing Day; and any holiday proclaimed by Council as a civic holiday. 2.9 Local Board – defined “local board” means a municipal service board, transportation commission, board of health, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, and for the purposes of this By-law, excluding the public library board, police services board, a school board and a conservation authority. 2.10 Mayor – defined “Mayor” is the member of Council holding the office of “Mayor”. 2.11 Masculine – feminine – defined Words importing male persons include female persons. 7 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 155 of 273 2.12 Meeting – defined “meeting” means any regular, special, committee or other meeting of a Council or local board. 2.13 Member – defined “member” means a member of Council and includes the Mayor. 2.14 Point of information – defined “point of information” is a request directed to the Presiding Officer or to another member or to staff of the Corporation, for information relevant to the business at hand, but not related to a point of procedure. 2.15 Point of procedure – defined “point of procedure” is a question directed to the Presiding Officer to obtain information on a matter of parliamentary law or the rules of the Council bearing on the business at hand in order to assist a member to make an appropriate motion, raise a point of order or understand the parliamentary situation or the effect of a motion. 2.16 Point of order – defined “point of order” is the raising of a question by a member for the purpose of calling attention to any departure from this by-law or the customary modes of proceedings in debate or the conduct of the Council’s business. 2.17 Presiding Officer – defined “Presiding Officer” means the Mayor or in his absence the Deputy Mayor or, in the absence of both of them, the member appointed under Section 6.4 to act in their absence, while presiding at meetings of Council. 2.18 Question of privilege – defined “question of privilege” is the raising of a question which concerns a member or the Council collectively, when a member believes that another member has spoken disrespectfully towards him or the Council, or when he believes his comments have been misunderstood or misinterpreted by another member or members. 2.19 Quorum – defined “quorum” means a majority of the whole number of Members required to constitute the council. 2.20 Recorded Vote – defined “recorded vote” means the recording of the name and vote of every member on any matter in question. 2.21 Rules of procedure – defined “rules of procedure” means the rules and regulations provided in this by-law. 2.22 Special Committee – defined “special committee” means a committee of Council which is established to consider and report on a specific subject, project, or undertaking. 2.23 Substantive Motion – defined “substantive motion” means any motion except the following: i) to extend the time of the meeting ii) to refer iii) to amend iv) to defer v) to postpone indefinitely or to set a specific day vi) to adjourn 8 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 156 of 273 Article 3 GENERAL PROVISIONS 3.1 Rules – regulations – observed – by Council The rules and regulations contained in this by-law shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business in Council and committees, including standing or special committees. 3.2 Reference – Bourinot’s Rules of Order When any matter relating to proceedings in Council or in committees arises which is not covered by a provision of this by-law, the procedure to be followed shall be decided with reference to Bourinot’s Rules of Order. 3.3 Conflict – Bourinot’s Rules of Order In the event of any conflict between the provisions of this Chapter and the provisions of the authority referred to in Section 3.2, the provisions of this by-law shall apply. 3.4 Conflict – statutory provisions The provisions of this by-law are subject to any statutory provisions in effect from time to time and in the event of any conflict between such statutory provisions and this by-law, the statutory provisions shall apply. 3.5 Rules – suspension – alteration – 2/3 consent – required Despite Section 3.19 or any other provision of this by-law, in the absence of any statutory obligation the rules and regulations contained in this by-law may be suspended or altered for a single occasion with the consent of not less than two-thirds of the members present. 3.6 Quorum – majority of members A quorum of Council shall consist of a majority of the members of the Council. 3.7 Quorum – not present – adjournment – exception If at any meeting the number of members is reduce to less than a quorum, subject to the provisions of the Municipal Conflict of Interest Act, the Council meeting shall stand adjourned. 3.8 Decisions – Council – expressed – resolutions – by-laws The Municipality makes decisions and expresses itself by Council passing resolutions and enacting by- laws. 3.9 Resolutions – by-laws – passed – enacted – majority vote Except as otherwise provided, resolutions and by-laws are passed and enacted by majority vote. 3.10 Reconsideration – after six months – any decision After a matter has been decided by Council, that matter may be reconsidered during the term of that Council any time after six months after the matter was decided, without the need for a Council resolution that the matter may be considered. 3.11 Reconsideration – within six months – conditions After a matter has been decided by Council, that matter may be reconsidered by Council during the term of that Council within six months after the matter was decided, only if Council by a two-thirds majority vote at the same meeting determines that the matter may be reconsidered or at a subsequent meeting, only if notice for reconsideration has been given and included in the agenda. 9 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 157 of 273 3.12 Reconsideration – once only No question for which Council has agreed to a reconsideration may be reconsidered more than once, and a vote to reconsider shall not be reconsidered. 3.13 Adjournment – due to hour A regular or special meeting of Council shall adjourn at the hour of 11:30 p.m. if in session at that time and shall reconvene at such other day and time as Council by resolution may direct. 3.14 Meeting – extension – majority vote – required – limited Despite section 3.12, Council may agree to an extension of a meeting beyond 11:30 p.m. but not beyond 12:30 a.m. the following day, if a majority of the members agree to do so; if the meeting is in session at 11:25 p.m. and Council has not considered whether or not to extend the meeting, the Clerk shall rise and ask whether any member wishes to make such a motion. 3.15 Adjournment – meeting not extended If a Council meeting is still in session at 11:30 p.m., or if extended, at 12:30 a.m. the following day, the Clerk shall rise to notify Council and members of the public that the meeting is adjourned and of the date and time to which the meeting is adjourned. 3.16 Orders – authority – reserved – with Council No order or authority for the Corporation or any of its employees to do any matter or thing shall be recognized as emanating from a committee, the authority of committees being limited to the making of recommendations to Council, provided, despite anything in this by-law to the contrary, a committee shall have the authority to direct employees to report to it on any matter within that committee’s jurisdiction as set forth in this by-law. 3.17 Taping – broadcasting – permitted – conditions Council and committee meetings which are not closed to the public in accordance with the provisions of this by-law may be taped, televised or otherwise electronically or mechanically recorded by a cable television company, by any other licenced telecommunications company, or by any person provided that such taping, televising or recording is carried out in a manner which does not interfere with proceedings at the meeting an provided that such persons and representatives of such companies advise Council at the beginning of the meeting (if they have not so advised the Clerk prior to the meeting) of their intention to record. 3.18 Taping – request – to Clerk – prior notice Any telecommunications company wishing to tape a Council or committee meeting is requested to advise the Clerk at least one clear business day prior to the commencement of the meeting. 3.19 Amendment – repeal – on agenda – consideration Subject to Section 3.1 and except as otherwise specifically provided elsewhere in this by-law, no amendment or repeal of this by-law or any part thereof shall be considered at any meeting of the Council unless the proposal to amend or repeal has been considered at a prior Council meeting and the waiving of this requirement by Council is prohibited. 3.20 Amendment – repeal – majority vote – required This by-law may be amended or repealed by a majority vote of the members present. 10 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 158 of 273 Article 4 MEETING 4.1 First meeting – Municipal Act – applicable The first meeting of Council after a regular election shall be held I accordance with the provisions of the Municipal Act, 2001 not later than the 31st day after the term of the new Council commences. 4.2 First meeting – date – place – fixed by Clerk The first meeting of Council after a regular election shall be held on the first Monday in December following the election, and the place shall be fixed by the Clerk. 4.3 Council – meeting schedule – second – fourth Monday – monthly Except for the first meeting in a term of Council or as otherwise provided, regular meetings of Council shall be held on the second and fourth Monday of every month for the purpose of transacting all business of Council. 4.4 Council – meeting schedule – exceptions Despite the provisions of Section 4.3, in the months of July, August and December, Council shall meet only once per month on the second Monday of the month. 4.5 Council – regular meeting – different day and time Despite the provisions of Sections 4.3 and 4.4, Council may, at a regularly scheduled meeting, pass a motion to hold a subsequent regularly scheduled meeting at a different day or time. 4.6 Regular meeting – location Unless otherwise specifically set out in the notice for a meeting, all regularly scheduled meetings of Council or a committee shall be held in the Council Chambers at the Municipal Administration Building, 1025 Bruce County Road 10, Chesley, Ontario. 4.7 Special meeting – Council - committee meeting – location Special meetings of Council or a committee of Council or other committees and boards defined under this by-law shall be held at a place and time set out in the notice for the meeting. 4.8 Public notice – regularly scheduled meetings Public notice of a regularly scheduled meeting of Council or a committee shall be given by posting the date and place of the meeting on the Municipality’s website not less than five clear days in advance of the date of the meeting. 4.9 Public Notice – special meetings Public notice of a special meeting of Council or a committee shall be given by posting the date and place of the meeting on the Municipality’s website not less than two clear working days in advance of the meeting. 4.10 Public notice – emergency meetings Despite Section 4.9, public notice of a special meeting of Council or a committee summoned to deal with an emergency shall be given by posting a notice on the door of the Council Chambers or such other place as the meeting is held. 11 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 159 of 273 4.11 Public notice – education and training meetings Despite Sections 4.8 and 4.9, public notice of a meeting of Council or a committee that is closed to the public and is held for the purpose of educating or training the members of Council or a committee, as the case may be, shall be given by the passing of a resolution by Council or the committee at a meeting open to the public stating: i) the fact of the holding of the closed meeting; ii) the general nature of its subject matter; and iii) the legislative provision allowing for the holding of the closed meeting. 4.12 Public notice – other closed meetings Despite Sections 4.8 and 4.9, public notice of a Council or a committee meeting that is closed to the public, except a meeting held for the purpose of educating or training the members of Council or a committee, as the case may be, shall be given by the passing of a resolution by Council or the committee at a meeting open to the public stating: i) the fact of the holding of the closed meeting; ii) the general nature of the matter to be considered at the closed meeting. 4.13 Public notice – municipality’s website not operational Despite Sections 4.8 and 4.9, in the event the Municipality’s website is not operational, public notice of a meeting shall be given by posting a notice on the door of the Council Chambers, in the case of a regularly scheduled meeting, not less than five clear days in advance of the date of the meeting and in the case of a special meeting, not less than one clear day in advance of the date of the meeting, and the public notice shall be subsequently posted to the Municipality’s website once normal operation has been restored. 4.14 Saving If, by oversight or otherwise, the notice of a regularly scheduled meeting required by Section 4.8, the notice of a special meeting of Council or a committee required by Section 4.9, or the public notice of a special meeting of Council or a committee summoned to deal with an emergency required by Section 4.10 is not given in the manner prescribed, the meeting of Council or committee, as the case may be, shall not be void or voidable by reason of such failure to give notice or the insufficiency of any notice and no proceeding at that meeting shall be void or voidable by reason of such failure to give notice or the insufficiency of any notice. 4.15 Holiday – meeting – next following day – not holiday If a regular meeting falls on a holiday, the meeting shall be at the same hour on the next following day not being a holiday, unless otherwise determined by Council. 4.16 Regular meeting - commencement Regular meetings referred to in Section 4.6 shall commence at 9:00 a.m. unless otherwise determined by Council at an earlier meeting. 4.17 Additional – subsequent meeting – majority vote Council by a majority vote of members present at a regular meeting of Council may determine that a subsequent meeting is to be held on a day or at a time different than that specified in Sections 4.6 and 4.15. 4.18 Open to public – exception Except as otherwise provided in Sections 5.8 through 5.10 inclusive, Council meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct; 4.19 Audience – Council meeting – restrictions Members of the public who constitute the audience in the Council Chambers during a Council meeting: i) may not address Council without permission of the Council; and ii) shall maintain order and quiet. 12 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 160 of 273 4.20 Public member – expulsion – improper conduct The Presiding Officer at any meeting may cause to be expelled and excluded any member of the public who creates any disturbance or acts improperly during a meeting and if necessary the Presiding Officer shall direct the Clerk to seek the appropriate assistance from the Ontario Provincial Police. Article 5 SPECIAL MEETING 5.1 Summoned – by Mayor – at any time The Mayor may at any time summon a special meeting of Council. 5.2 Summoned – by Clerk – majority – petition of Council The Clerk, upon receipt of the petition of a majority of members, shall summon a special meeting for the purpose and at the time specified in the petition. 5.3 Notice – two days in advance – requirements Except as provided in Sections 5.4 and 5.5, at least two clear working days notice, in writing, of all special meetings hall be given to all members, either: i) by leaving a copy of the notice with the member; ii) by leaving a copy of the notice at the place of residence of the member; iii) by leaving a copy of the notice at the place of business of the member; iv) by leaving a copy of the notice in the mailbox of the member at the municipal office. 5.4 Emergency – prior notice – not required The notice requirement in Section 5.3 shall not apply to a special meeting summoned to deal with a genuine emergency. 5.5 Emergency – notice – method For an emergency meeting, the Clerk shall use his best efforts to give notice of the emergency meeting and the purpose or purposes of the meeting to each member, either verbally or in writing, and notice shall be given as far in advance of the meeting as practicable. 5.6 Business – stated – in notice – other – prohibited No business other than that stated in the notice shall be considered at the special meeting. Council may determine with the consent of not less than two-thirds of the membership present to suspend this provision. 5.8 Closed – may be – reasons Despite Section 4.18, a meeting or part of a meeting may be closed to the public only if the subject matter relates to: i) the security of the property of the municipality or any local board; ii) personal matters about an identifiable individual, including municipal or local board employees; iii) a proposed or pending acquisition or disposition of land for municipal or local board purposes; iv) labour relations or employee negotiations; v) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; vi) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; vii) a matter in respect of which Council, or a committee has authorized a meeting to be closed under any Act. 13 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 161 of 273 5.9 Closed – shall be – reasons A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act, if the Council or a committee is designated as the head of the institution for the purposes of the Act. 5.10 Closed – may be – educational and training meeting Despite Section 4.18, a meeting may be closed to the public if the meeting is held for the purposes of educating or training the members, provided that, at the meeting, no member shall discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Council or committee, as the case may be. 5.11 Closed – resolution – reasons set forth Before holding a meeting or part of a meeting that is to be closed to the public, Council shall state by resolution: i) the fact of the holding of the meeting; and ii) the general nature of the matters to be considered at the closed meeting. 5.12 Closed – vote – not permitted A meeting shall not be closed to the public during the taking of a vote except if: i) Sections 5.8 or 5.9 permits or requires a meeting to be closed to the public; and ii) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under contract with the municipality. Article 6 ORDER OF BUSINESS 6.1 Quorum – present – meeting – call to order When there are sufficient members present to constitute a quorum at the time set for the commencement of the meeting or as soon thereafter as the quorum is present, the Mayor, or if the Clerk has been advised that the Mayor will be absent or late, the Deputy Mayor, shall take the chair and call the meeting to order. 6.2 Quorum – not present – in 30 minutes – adjournment If there is no quorum within 30 minutes after the time appointed for the meeting, the Clerk shall record the names of all members present at that time and the meeting shall be deemed to be adjourned until the next regular meeting, unless a special meeting is called for that purpose in the meantime. 6.3 Mayor absent – Deputy Mayor – call to order – presiding In the event the Mayor does not attend within 15 minutes after the time appointed, the Deputy Mayor shall assume the chair, call the members or order, and if a quorum is present preside during the meeting or until the arrival of the Mayor. 6.4 Mayor – Deputy Mayor – absent – procedure In the absence of the Mayor and Deputy Mayor, if a quorum is present within 15 minutes of the appointed time, the Clerk shall call the meeting to order and a Chair shall be chosen from the members present, who shall preside during the meeting or until the arrival of the Mayor or Deputy Mayor. 6.5 Adjournment – agenda – consideration – subsequent If Council is unable to meet for want of a quorum the agenda delivered for that meeting shall be considered at the next regular meeting of Council prior to consideration of the agenda for the subsequent meeting or it shall be the agenda for a special meeting called for that purpose. 14 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 162 of 273 6.6 Order of business – set out in agenda The normal order of business for regular and special meetings of Council shall be as set forth in the agenda. 6.7 Order of business – alteration When an alteration of the order of business is desired for the convenience of the meeting, Council may determine to make that alteration without further discussion. Article 7 AGENDA 7.1 Headings – order – prepared by Clerk The Clerk shall prepare for u se of members at all regular meetings of Council, an agenda under the following headings: i) adoption of agenda; ii) disclosure of pecuniary interest and general nature thereof; iii) minutes of previous meetings iv) business arising out of the minutes v) public meetings vi) presentations vii) delegations viii) correspondence ix) staff reports x) reports of Members xi) health and Safety xi) other Business xiii) resolution to move into closed session and general nature therof xiv) resolution to reconvene in open session xv) adoption of recommendations arising from closed session (if any) xvi) by-laws xvii) adjournment 7.2 Delivery – to members – prior to meeting The Clerk shall use his best efforts to ensure that copies of the agenda for regular meetings of Council are delivered or mailed to each member so that they will be received in each case by the Thursday of the week immediately preceding the meeting. 7.3 Delivery – to members – prior to meeting – special meeting Where a special meeting of Council is scheduled or a regular meeting of Council is scheduled on a different day or time than the regular schedule, the Clerk shall use his best efforts to ensure that the agenda will be received by each member at least one clear working day in advance of the date of the meeting. 7.4 Delivery – to members – emergency meeting Where an emergency meeting of Council has been summoned, the Clerk shall use his best efforts to deliver the agenda for the meeting to members as far in advance of the meeting as is practicable. 7.5 Distribution – to officials – staff – public libraries The Clerk shall use his best efforts to ensure that copies of the agenda for regular meetings of Council are distributed to all Municipal officials and staff who are entitled to receive copies thereof and made available to the general public at the Municipal Offices and the public libraries by 3:00 p.m. on the Friday immediately preceding the meeting. Where the meeting is to be held on a day other than the regularly scheduled day, the agenda shall be provided by 3:00 p.m. of the working day before the meeting. 15 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 163 of 273 7.6 Not delivered – on schedule – meeting valid Failure by the Clerk to meet that schedule set out in Sections 7.2 to 7.4 inclusive will not invalidate the Council meeting or any proceeding thereat. 7.7 Submissions – to Clerk – deadline – Council meetings All submissions for inclusion in the agenda for regular meetings of Council including notices of motion pursuant to Section 3.11 shall be in the hands of the Clerk not later than 12 Noon on the Monday prior to the date on which the agenda is to be distributed to members. 7.8 Special meeting – preparation – requirements For special meetings, the agenda shall be prepared as the Mayor, or in the case of a petition, the Clerk, may direct. Article 8 CORRESPONDENCE – PETITION 8.1 Included on agenda – Clerk On receipt of an item of correspondence or a petition intended for Council, the Clerk may include it as an item on the agenda for the next regular meeting of Council for which the Clerk is accepting agenda items in full or in summary as he sees fit. 8.2 Referred to department head – copy to Council On receipt of a communication or petition intended for Council the Clerk may refer it to a department head for reply and send a copy of the communication to all members. 8.3 Request for action – report required – exception Communications listed in the agenda which contain a request for action on the part of Council shall not be acted upon without Council first receiving a report from staff or a committee of council or a local board as the case may be, unless the action is of a routine or congratulatory nature. Article 9 DELEGATION 9.1 Address – request – in writing When a person or a representative of any group of persons wishes to address Council, he shall so advise the Clerk, in writing, prior to 12 Noon on the Monday of the week preceding the week of the meeting and he shall include his reasons for requesting to address Council. The request shall also provide sufficient information to provide Council with an understanding of the purpose of the delegation. 9.2 Address – requested late – justified – added to agenda Where the request to appear as a delegation is received after the deadline set out in Section 9.1 and the Clerk is satisfied that the matter is sufficiently urgent that it cannot wait until the next regular meeting, the Clerk shall provide a request to Council that the delegation be added to the agenda. 9.3 Address – requested late – added to next agenda Where the conditions set out in Section 9.2 are not met, the Clerk will add the delegation to the agenda for the next regular meeting of Council and shall so advise the person or representative. 16 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 164 of 273 9.4 Address – requested – at meeting – majority consent No person or representative of any group of person will be permitted to address Council without the consent of a majority of the members present, other than persons entitled by statute to be heard or persons invited by notice authorized by Council, who has not advised the Clerk of their wish to address Council in accordance with the provisions of Sections 9.1 and 9.2 and, with respect to advice under Section 9.3, who have not been included in the agenda by the Clerk. 9.5 Address – maximum duration – limitations Except with the consent of Council, no person shall address Council for more than 10 minutes, exclusive of the time required to answer questions put to him by Council, except that a group of persons may have more than one spokesman provided that the total length of time such spokesmen address Council shall not exceed 15 minutes, exclusive of the time required to answer questions put to them by Council. Article 10 PRESIDING OFFICER - DUTY 10.1 Meeting – call to order It shall be the duty of the Presiding Officer to open meetings of Council by taking the chair and calling the meeting to order. 10.2 Motion – written – received – submitted It shall be the duty of the Presiding Officer to receive and submit, in the proper manner, all written motions presented by members. 10.3 Vote – put to – questions – announce result It shall be the duty of the Presiding Officer to put to a vote all questions which are regularly moved and seconded or necessarily arise in the course of proceedings, and to announce the result. 10.4 Rules of order – determination – motions – amendments It shall be the duty of the Presiding Officer to determine what motions or amendments are in order, subject to an appeal to Council, and decline to put any motion or amendment before Council which he deems to be clearly out of order or contrary to law. 10.5 Rules of procedure – maintained It shall be the duty of the Presiding Officer to follow the rules of procedure and keep the members, when engaged in debate, within the rules of procedure. 10.6 Order – decorum – enforcement – preservation It shall be the duty of the Presiding Officer to observe order and decorum and enforce on all occasions the observance of order and decorum among the members. 10.7 Order – to vacate seat – procedure - requirement It shall be the duty of the Presiding Officer to call by name any member persisting in breach of the rules of procedure and, subject to a majority vote of members present, order him to vacate the Council Chambers. 10.8 By-laws – resolutions – minutes – authentication It shall be the duty of the Presiding Officer to authenticate by his signature, when necessary, all by-laws, resolutions and minutes of Council. 10.9 Member – selection – committees – as required It shall be the duty of the Presiding Officer to select members who are to serve on committees when directed to do so by resolution of the Council or a rule of procedure. 17 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 165 of 273 10.10 Representation – support – Council It shall be the duty of the Presiding Officer to represent and support Council, declaring its will and implicitly obeying its decisions in all things. 10.11 Adjournment – suspension – meeting – when necessary It shall be the duty of the Presiding Officer if he considers it necessary because of grave disorder, to adjourn the sitting without question put or suspend the sitting for a time to be named by him. Article 11 RULES OF CONDUCT – DEBATE 11.1 Speaking – Presiding Officer – to leave chair The Presiding Officer may answer questions and comment in a general way while continuing to chair the meeting but if he wishes to speak on a question taking a definite position and endeavouring to persuade Council to support that position, he shall first call on the Deputy Mayor, if he is present and not the Presiding Officer, or otherwise call on any other member to chair the meeting while that question is being discussed. 11.2 Speaking – order – determined – by Presiding Officer When two or more members wish to speak, the Presiding Officer shall name the member who is to speak first. 11.3 Speaker – recognition – by Presiding Officer When a member wishes to speak at a Council meeting he shall be recognized by the Presiding Officer before doing so. 11.4 Speaking – twice only – exception – Council approval Members shall not speak more than twice on a motion except with the consent of Council. 11.5 Speaking – twice – all members heard from No member shall speak a second time unless all members have had an opportunity to speak once. 11.6 Motion – member making – additional 3 minutes Despite Sections 11.3 through 11.5 inclusive, the member who has made a motion (other than a motion for an amendment or a procedural motion) shall be allowed to close the debate for a maximum of an additional three minutes after all other members have been given an opportunity to speak. 11.7 Speaking – time limitation A member shall speak for a maximum of five minutes each time speaking on a main motion and three minutes each time speaking on any amendment. 11.8 Question – put through – Presiding Officer A member may ask a question of a previous speaker only through the Presiding Officer and the question must be stated concisely and relate to the speaker’s remarks but, in any event a member may ask a question of the Presiding Officer or of staff through the Presiding Officer prior to the motion being put to a vote. 11.9 Motion – in debate – read – any time Any member may require the motion under debate to be read at any time during the debate. 11.10 Disturbance – disorderly conduct – prohibited No member shall disturb the proceedings of Council or another member by any disorderly conduct. 18 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 166 of 273 11.11 Insults – offensive words – prohibited No member shall use offensive words or insulting expressions in referring to Council, any member, any official of the Municipality or any member of the public. 11.12 Disobedience – rules – Presiding Officer – prohibited No member shall disobey the rules of procedure or decision of the Presiding Officer or of Council on questions of order or practice or upon the interpretation of the rules of procedure. 11.13 Disturbance –leaving seat – during vote – prohibited No member shall leave his seat or make any noise or disturbance while a vote is being taken or until the result is declared. 11.14 Interruption – speaker – prohibited – exception No member shall interrupt a member while speaking, except to raise a point of order or question of privilege. Article 12 QUESTION OF PRIVILEGE – POINT OF INFORMATION ORDER – PROCEDURE 12.1 Consideration – immediate Whenever a question of privilege or a point of procedure arises it shall be considered immediately. 12.2 Question of privilege – procedure – over all matters A member may rise at any time on a question of privilege and a question of privilege shall take precedence over all other matters. 12.3 Point of information – answer – by Presiding Officer When a point of information is raised, the Presiding Officer shall answer the question or direct the question to the appropriate member or staff member. 12.4 Speaker – interruption – decision – Presiding Officer A member may interrupt the person who has the floor to raise a point of order or a point of procedure when such member feels that there has been a deviation or departure from the rules of procedure and upon hearing such point of order or point of procedure, the ruling of the Presiding Officer shall be final unless a challenge is made pursuant to Sections x and x. The Presiding Officer shall state the rule or authority applicable in the case. 12.5 Chair – challenged – overruled – procedure Whenever a member wishes to challenge the ruling o the Chair on a point of order or point of procedure (including a determination that a motion is out of order) he shall make a motion substantially as follows: “That the decision of the Chair be overruled.” Thereafter the question shall be put to Council and Council shall decide the matter, by majority vote of members present, immediately without debate and this decision shall be final. 12.6 Chair – challenge – refused – by Chair – procedure If the Presiding Officer refuses to put the question “That the decision of the Chair be overruled.” the Council forthwith shall request the Deputy Mayor to put the question or if the Deputy Mayor is the Presiding Officer or is absent or refuses to put the question, any member shall be entitled to put the question before Council from the floor. 19 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 167 of 273 12.7 Call to order – member – decision to expel In the event that a member persists in a breach of Sections 11.10 through 11.14 inclusive, after having been called to order by the Presiding Officer, the Presiding Officer shall without debate put the motion: “Shall the member be ordered to leave his or her seat for the duration of the meeting?” 12.8 Expulsion – ordered – member to leave – exception If Council decides in the affirmative by a majority of the members present, the Presiding Officer shall order the member to leave his seat for the duration of the meeting, but if the member apologizes, the Presiding Officer, with the approval of Council, may permit him to resume his seat. Article 13 MOTION – ORDER 13.1 Moved – seconded – before debate – vote A motion shall be moved and seconded before being debated or put to a vote. 13.2 Withdrawal – at any time – before vote After a motion has been moved and seconded, it is in the possession of Council for consideration but, with the consent of the majority of Council and without debate, it may be withdrawn at any time before it has been voted on. 13.3 Public – to be heard – only after hearing If members of the public are to be heard on a matter, no motion shall be received until they have been heard. 13.4 Put – public participation – prohibited No further public participation on a matter will be allowed after the motion has been duly made and seconded. 13.5 Debate – amendment – permitted All motions which properly are before Council for consideration are open to debate and may be amended except as specifically provided elsewhere in this by-law. 13.6 In order – procedure When a motion has been moved and seconded and is being considered by Council, no motion shall be received except a motion: i) to adjourn the meeting; ii) to proceed beyond the hour of 11:30 p.m.; iii) to close the debate; iv) to refer the question to some other person or group for consideration; v) to defer the question to a certain time or date; vi) to amend the amendment; or vii) to amend the main motion; which shall have precedence in the order in which they are named. 13.7 Adjourn – requirements A motion to adjourn: i) shall not be amended or debated; and ii) shall always be in order except when a member is speaking or the members are voting. 20 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 168 of 273 13.8 Proceed – beyond 11:30 p.m. – requirements A motion to proceed beyond the hour of 11:30 p.m.: i) shall not be amended or debated; and ii) shall always be in order except when a member is speaking or the members are voting. 13.9 Close debate – requirements A motion to close the debate: i) shall not be amended or debated; ii) requires the affirmative vote of two-thirds of the members present. 13.10 Refer – requirements A motion to refer a matter under consideration to a committee or to staff may be introduced in writing but without notice and without leave, and: i) shall be open to debate and may be amended; and ii) shall include the terms on which the motion is being referred, the time at which the matter is to be returned and whatever explanation may be necessary as to the purpose of the motion. 13.11 Defer – requirements A motion to defer to a certain time or date may be introduced in writing but without notice and without leave, and: i) shall be open to debate as to the advisability of postponement; and ii) may be amended as to the time or date to which the matter is referred. 13.12 Amendment – requirement A motion to amend: i) shall be open to debate; ii) shall not be directly contrary to the main motion; iii) shall relate to the subject matter of the main motion. 13.13 Amendment – one at a time – limitation Only one amendment at a time shall be presented to the main motion and only one amendment at a time shall be presented to an amendment. 13.14 Amendment – put – reverse order – voting procedure The Presiding Officer shall put amendments in the reverse order to which they have been moved and when all amendments are voted on, the Presiding Officer shall put the main motion, incorporating any adopted amendments. 13.15 Suspend – rules – regulations A motion to suspend the rules and regulations of this by-law may be introduced in writing but without notice and without leave and shall be decided by a simple majority of the members present at the meeting. 13.16 Point of order – procedure – information – privilege A motion on a point of order, point of procedure, point of information or question of privilege may be introduced orally and without notice and without leave and such motion shall be voted upon without debate. The decision of Council on such a motion shall be final. 21 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 169 of 273 Article 14 VOTING 14.1 Motion – multiple – distinct propositions When a motion under consideration contains two or more distinct propositions,, where any member so requests the vote upon each proposition shall be taken separately. 14.2 Motion – after all spoken – put by Presiding Officer The Presiding Officer shall put a motion to a vote immediately after all members desiring to speak on the motion have spoken. 14.3 Motion – put to vote – speaking – prohibited After a motion is put to a vote by the Presiding Officer, no member shall speak to that motion. 14.4 Motion – vote – required – unless disqualified Every member present, except the Mayor, shall vote on every motion unless the member is disqualified to vote by reason of a conflict of interest or other statutory disqualification. 14.5 Failure – to vote – deemed negative – exception Every member, except the Mayor, present at a meeting who is not disqualified from voting in accordance with Section 14.4, shall be deemed to be voting against the motion if he fails to vote. 14.6 Mayor – to vote – after members – exception The Mayor may vote after the other members have voted except when the Mayor is disqualified from voting by reason of a conflict of interest or other statutory disqualification, in which case he shall leave the chair. 14.7 Equality of votes – decision – deemed negative Any motion which receives an equal division of votes shall be deemed to have been decided in the negative. 14.8 Method – show of hands – exception – recorded vote Except for a recorded vote, voting shall be by show of hands. 14.9 Result – announced – by Presiding Officer The Presiding Officer shall announce the result of every vote. 14.10 Result – disagreement – immediate – vote retaken If a member disagrees with the announcement by the Presiding Officer of the result of any vote, he may object immediately to the Presiding Officer’s declaration and require that the vote be retaken. 14.11 Recorded vote – when requested – or required A recorded vote shall be taken when called for by any member immediately prior or immediately subsequent to the taking of a vote or when required by law or under this by-law. 14.12 Recorded vote – alphabetical order When a recorded vote is taken all members, unless disqualified by statute, must vote in alphabetical order, with the exception of the Mayor who shall be polled last, and any failure to vote by a member including the Mayor who is not disqualified shall be deemed to be a negative vote. 14.13 Names – votes – position – recorded The names of those who voted for and those who voted against the motion shall be entered in the minutes. 22 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 170 of 273 14.14 Majority – requirement – by-law Whenever this by-law requires a vote of a simple majority or two-thirds or all of Council, the requirement shall be interpreted as meaning such majority, fraction or total of the members who are present and qualified to vote on the matter provided that his by-law or a relevant statute does not specify differently. 14.15 Greater than majority – required – recorded vote Whenever this by-law or any statute requires that a by-law be passed or any other action taken by a vote of two-thirds or any other fraction of Council greater than a majority, that vote shall be taken by recorded vote. Article 15 BY-LAW 15.1 Consideration – approval – by Council No by-law shall be presented to Council unless the subject matter thereof has been considered and approved by Council. 15.2 Introduction – by member – title read – 3 readings Every by-law shall be introduced upon a motion by a member specifying the title of the by-law and shall receive three readings before it is passed. 15.3 Vote – on third reading – majority required A by-law shall be passed when a majority of the members present on the third reading vote in favour of the by-law, provided not statute requires a greater majority. 15.4 Reading – three – same day – permitted – exception Unless otherwise provided by law, a by-law may receive all three readings on the same day. 15.5 Amendment – part of by-law – inserted by Clerk All amendments to any by-law approved by the Council shall be deemed to be incorporated into the by- law and if the by-law is enacted and passed by the Council, the amendments shall be inserted therein by the Clerk. Article 16 MINUTES 16.1 Information – requirements – taken by Clerk The Clerk shall take minutes of each Council meeting which minutes shall record, without note or comment: i) the place, date and time of meetings; ii) the name or names of the presiding member or members and the record of attendance of the members; iii) the reading, and if requested, correction and adoption of the minutes of prior meetings; and iv) all resolutions, decisions and other proceedings of Council. 16.2 Previous meeting – minutes – read aloud – majority request The minutes of the previous meeting shall not be read aloud unless requested by a majority of the members. 23 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 171 of 273 Article 17 STANDING COMMITTEE 17.1 Standing committees – appointment At the beginning of each new term of Council, Council shall establish its standing committees (if any), the composition of such standing committees, and appoint a Chair for each standing committee of Council. 17.2 Standing committees – composition – review The chairmanships and committee composition shall be reviewed at the mid-term of the Council term, or at such other time as Council deems appropriate. 17.3 Mayor – ex officio member – standing committee In the event that a standing committee is not composed of all members of Council, the Mayor shall be an ex officio member of the committee. The Mayor may be counted in determining if a quorum is present but shall not be included in the number of committee members used to determine quorum. The Mayor shall also have full voting privileges as an ex officio member. 17.4 Standing committee – meeting – at call of chair A meeting of a standing committee of Council will be held at the call of the chair of the committee. 17.5 Standing committee – agenda – prepared by Clerk The Clerk shall prepare an agenda for all standing committee meetings in the form described in Section 7.1 so far as applicable. 17.6 Agenda – delivery – to members – prior to meetings The Clerk shall use his best efforts to ensure that copies of the agenda for scheduled meetings of standing committees are delivered or mailed to each member so that they will be received on that day which is two clear working days in advance of the day of the meeting. 17.7 Agenda – not delivered – on schedule – meeting valid Failure by the Clerk to meet the schedule set out in Section 17.6 will not invalidate the standing committee meeting or any proceedings thereat. 17.8 Agenda – submission deadline All submissions for scheduled meetings of any standing committee shall be in the hands of the Clerk not later than 12 Noon of the day which is four clear working days in advance of the day of the meeting. 17.9 Chair – to preside – all meetings – voting authority The Committee Chair, or in his absence the vice chair (if any), or in the absence of both, such other member of the committee as may be chosen by the committee, shall preside at every meeting and may vote on all questions submitted. 17.10 Vote – equal – deemed negative In a case of an equal division of votes, the Committee Chair shall not have a second or casting vote and the question shall be deemed to have been decided in the negative. 17.11 Presiding Officer – powers – responsibilities Except as otherwise provided in this by-law, the committee member presiding at a meeting of a standing committee, while presiding, shall have all of the powers and responsibilities of the Presiding Officer at a meeting of Council. 17.12 Quorum – majority of members A quorum of any standing committee shall be the majority of its members. 24 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 172 of 273 17.13 Special committee meeting – called by Chair A special meeting of a standing committee may be called by the Committee Chair whenever he considers it necessary. 17.14 Special Committee meeting – called – written request – majority The Committee Chair or in the case of his neglect or failure, the Clerk, shall all a special meeting of the standing committee whenever a majority of the members of that committee request in writing such special meeting. 17.15 Special meeting – committee – procedures The provisions of this by-law for the conduct of meetings of Council shall apply to committee meetings, so far as they are applicable. 17.16 Business – procedure – exceptions The business of standing committee meetings shall be conducted in accordance with the rules governing the procedure of Council, so far as they are applicable. 17.17 Speaking – to motion – once – until all spoken A member shall not speak more than once to a motion until every member who desires to speak has spoken once. 17.18 Motion – to close debate – prohibited A motion to close a debate shall not be permitted at a committee meeting. 17.19 Chair – permitted a position – without leaving The Committee Chair or other presiding member may take a definite position and endeavour to persuade the committee on that position without leaving the chair. 17.20 Minutes – committees – taken by Clerk The Clerk or any employee of the Corporation designated by the Clerk shall take minutes of committee meetings. 17.21 Report – to Council – all matters – recommendations A standing committee shall report to Council on all matters connected with the duties imposed on the committee by Council and on all matters referred to it and shall recommend such action as it deems appropriate. 17.22 Open meetings – exception The provisions of Sections 5.8 – 5.10 inclusive, regarding closing meetings to the public, apply to standing and special committees of Council and, except as permitted or provided in those sections, committee meetings shall be open to the public. Article 18 COMMITTEE – SPECIAL 18.1 Establishment – special committees – as necessary Council may appoint such special committees as are necessary or expedient for the orderly and efficient handling of the affairs of the Corporation and may establish generally or in detail the duties and responsibilities, composition, and duration of the committee established. 25 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 173 of 273 18.2 Special committee – Mayor – ex-officio member The Mayor shall be ex officio a member of all special committees unless otherwise determined by Council. The Mayor may be counted in determining if a quorum is present but shall not be included in the number of committee members used to determine quorum. The Mayor shall also have full voting privileges as an ex officio member. 18.3 Special committee – chair – appointed – procedures – determined by Council When a special committee has been appointed by Council for a specific purpose, Council shall name the member of that special committee who is to act as Committee Chair, and shall determine whether or not the rules of procedure for Council shall apply to that special committee. 18.4 Special committee – work – report – complete – committee dissolved When a special committee has completed its work and made its report, that committee shall be deemed to be dissolved. 18.5 Agenda – special committee meetings – preparation For special meetings of a standing committee or other committee, the agenda shall be prepared as the Committee Chair, or in the case of a petition, the Clerk, may direct. 18.6 Business – procedure – exceptions The business of special committee meetings shall be conducted in accordance with the rules governing the procedure of Council, so far as they are applicable. (By-law No. 53-09 – 28September 2009 26 COUNCIL, BOARDS, COMMITTEES: RULES OF PROCEDURE Page 174 of 273 Page 175 of 273 Page 176 of 273 .$%_ ___>>mu:m._m>mm 9.: ._o co_m_um_u Lo 3.20 or: Eot m._mm>9,5 c_£_>> mucP_m>mm 2.: mN__mc_u__u_._m.co_m_um_u 9.: U6Emu m? F_O.._u_Lmm>mco c_£_>> mcor?cou _E_E um:E Bcmu__n_n_ 33 .mmcsmm_mco:__u_._oum? u_o>cm._o co_m_um6 m_E. mc__mmn_n_m.6". Emu Hmm._9:. _.u._UH._.OZ muom.3 >2). nzoamauuo".0 Pin ._mnEm_>_ - @355 ___m_ _ LmgEo_>_ __m_._u gem: - E: E - via >m_%_>_ - C839: 35 .mUmm_um? u_om_.__qEBm9.: B \_O_\_n_>>m_>m._._8 c9 umbmm m.EmE§€< B mw?_EEoU 2: B 8_2>oa 8 B 2 :20. ten < "E02 cm gm: ._..mSN.¢om_ £5, >_pcm.::u_._ou_um_umw_umn____>>mS~.mom E5 ‘_m:>>O Page 177 of 273 >tmn_8n_ 9.: \_Ou_LB_u__om m? Eot _om>_mum:mg mc_v_B._mu_._3cm “Qt. m .wmn__m>oEq< oodomwm? u_oEmE>mn_ N .>cmH::u.mxB_mn__u_::Em:__uc8.mu:ou_oEmE>mn_ H m3~.mom .m8N.mom 53> >_Emt:ucou _8u$_o 8 mS~.¢om_ Emmcou HE LB_u__om mLcmu__nE<9.: Eot Um>_muP_ mamc_v_mtm_uc3cm page N .mUcm_r_m__._>80 ho >u__mq_uE_.._>_9: ho cosu?mrmm 2.: 81_mm..__mcw_mco_mmEPa_um_u___m:c m>3 toqmm EmEmmm:m_>_._Bm>> ctoum mg_En:m B Emu__n_n_<9:. o .m_ucmEm_I>30 u_oB__mn__u_c:_>_9.: u_oco_u.umu_m:mmm5 8. ._mmc_mcw _mco_mmmu_o._n_umE_m:_um>n_ton_w,n_mc_u_>$m mu_En_:m B Emu__n_a<9:. pcmmcou 2.: EmEm_n_E_B u.cmEucmE< >>m_->mmc_coN mc_Bn_o 8 Emu__an_ _mzoEn_zou DZH>>O._._On_ m:._._.O._. ._.Um:..m_DmDm_._.Z<~_0 >mmEm_._ mH._<>Omn_n_< pzmmzou ._ m3~.mom Ea maoméom "m:o:mu__%_< Eomcou :o_m_uoo a_._mEum:_.._u Application Details: Minor Variance Application A02.2015 Location: Lot 43, Registered Compiled Plan 828, together with a right- of-way over Lot 53 and 60, Plan 828 (The Former Township of Artemesia) Owner: George and Diane James Grey County Official Plan: Inland Lakes and Shoreline Grey Highlands Official Plan: Inland Lakes and Shoreline Zoning By-law No. 2004-50: Residential Shoreline (RS) and Hazard (H) Proposal: To vary the provisions of Section 7.4.2(g) of the Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004-50 to permit the development of a single detached dwelling on the subject lands where 30 metres rear yard setback is required and 21 metres is provided. Recommendation: That Minor Variance Application A02.2015 be approved. 1.0 Planning Analysis: The subject lands are located on the east portion of Lake Eugenia. The lands are located on Lakeshore Road, west of 35th Sideroad. The lands are built on with an existing residence. The owner proposes to demolish the existing residence, and construct a new residence. The existing residence is serviced with private services. To assess the merits of this application the four (4) tests of a minor variance were reviewed in relation to the proposed development. The four (4) tests are as follows: . Is the request minor in nature? . Is the request desirable for the appropriate development or use of the land, building or structure? . Is the request maintaining the general intent and purpose of the Zoning By-law? . Is the request maintaining the general intent and purpose of the Official Plan? A02.2015 George and Diane James, Lot 43, Registered Compiled Plan 828 The Former Township of Artemesia Page 178 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.24 May 13th, 2015 2.0 Analysis: 2.1 Is the request minor in nature? The assessment of an application in this regard, should consider the impact of the proposal on that of the adjacent properties, and the compatibility of the proposal with the surrounding land use of the area. The Applicant has requested the Committee consider varying the provisions of Section 7.4.2(g) of the Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004-50 to permit the development of a single detached dwelling on the subject lands where 30 metres rear yard setback is required and 21 metres is provided. The subject lands have legal access over Lots 53 and 60, which is Lakeshore Road. Based on the configuration of the high water mark, the setback ranges from 21 metres to 27 metres, however the variance is identified as 21 metres at the closest point. The proposed cottage would measure 8.5 metres x 12.2 metres for a total footprint of 106.25 square metres. The well is an individual drilled well established in 1994, and the septic was installed in 1986. The proposed residence is slightly pushed back from the existing residence that is being demolished. Further, the proposed residence is less angled then the existing cottage. The proposed cottage is in generally the same location as the existing cottage, but is slightly angled to be a greater distance. The proposed cottage is larger A02.2015 George and Diane James, Lot 43, Registered Compiled Plan 828 The Former Township of Artemesia Page 179 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.24 May 13th, 2015 than the existing footprint, however the proposed cottage footprint would be proposed away from the high water mark. As such it is staffs opinion that the proposal is minor in nature. 2.2 Is the request desirable for the appropriate development or use of the land, building or structure? The lands are within the Inland Lakes and Shoreline designation. The permitted uses include single detached dwellings, and as such the development is appropriate. The development is considered to be desirable. 2.3 Is the request maintaining the general intent and purpose of the Zoning By-law(s)? The Applicant has requested the Committee consider varying the provisions of Section 7.4.2(g) of the Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004-50 to permit the development of a single detached dwelling on the subject lands where 30 metres rear yard setback is required and 21 metres is provided. All other provisions of the bylaw are to be met. Planning Staff are satisfied that the proposed meets the general intent and purpose of the Zoning By-law. 2.4 Is the request maintaining the general intent and purpose of the Official Plan? The lands are within the Inland Lakes and Shoreline designation within the Grey Highlands Official Plan. The lands are being utilized for residential purposes, and this residential use will continue, with a new build. The variance is not expected to affect Official Plan policies. The intent of the Official Plan is maintain a 30 metre setback from the highwater mark. The proposal is to build on generally the same footprint as the existing structure. It is also consistent with residences to the north, and would reduce the need to remove well established trees. Planning Staff would consider the request to maintain the general intent and purpose of the Official Plan. 3.0 Comments Received (Summary): Comments were provided from the following authorities having jurisdiction over the subject lands: . The County of Grey Planning Department: Comments received April 30th 2015. An Environmental Impact Study will not be required with regard to the PSW, the Signficant Woodlands or Lake Eugenia. Provided that positive comments are received from the CA, County Planning staff have no further concerns with the subject application. A02.2015 George and Diane James, Lot 43, Registered Compiled Plan 828 The Former Township of Artemesia Page 180 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.24 May 13th, 2015 . . Grey Sauble Conservation Authority: We generally have no objection to the proposal to provide relief from Sections 5.5 © and 7.4.2 (g) of the by-law to allow the re-construction of a dwelling structure. Further, we have no objection to the proposed removal of holding application to allow development as delineated in Schedule A to this application. . The Municipality of Grey Highlands Building Department: Comments received May 5th 2015. No concerns with application. All applicable laws must be adhered to by applicant and requirements satisfied before GH Building dept will issue any permits. . Municipality of Grey Highlands Transportation and Public Safety Department: Comments received May 3rd 2015. Access is by way of a private road. No concerns at this time. . Grey Highlands Fire and Emergency Services: Comments received on April 27th 2015. Application does not raise any concerns with the Fire Dept. 4.0 Conclusion: When reviewing the merits of this application Planning Staff found that the application did meet all tests of a minor variance. All four tests of a minor variance can be satisfied and as such Staff are able to recommend the variance for approval. Respectfully Submitted: l 2015 / 05 / 13 Date Attachments: 1. MGH Location Map 2. Aerial Map 3. Agency/Dept Comments 4. Notice and Applicants Sketch A02.2015 George and Diane James, Lot 43, Registered Compiled Plan 828 The Former Township of Artemesia Page 181 of 273 GREY HIGHLANDS 1:156, 747 . amEm__ Page 182 of 273 % 3V omm? _<_mUjam rmmman _um»oa_m zonnu o.._m o.._m 2% Emu a mEma omzma?ma?man 9.85 #03 w: _3m3mH Bwnusmmammana 8. imamznmo_.._< OMBEma Sm» muumm.on E; 33 33. 0.. 3m< :9 cmmnncanm.9:83, 9 o3m?<_mm $__mu_m saw;mm...saFzm?:o..>s..__3rmEaa © hocaq 0*93. e Rama _<_m Page 183 of 273 ’a\‘céiai Planning and Development 595 9"‘Avenue East, Owen Sound Ontario N4K 3E3 519-372-0219 / 1-800-567-GREY/ Fax: 519-376-7970 April 30, 2015 Ms. Amber Tabor, Municipal Services Assistant Council and Legislative Services Municipality of Grey Highlands 206 Toronto Street South, Unit #1, P.O. Box 409 Markdale, Ontario NOC 1H0 Re: Minor Variance Application A02/2015 100 Lakeshore Boulevard Lot 43, Concession 11 Municipality of Grey Highlands (geographic Township of Artemesia) Owners/Applicants: George and Diane James Dear Ms. Tabor: This correspondence is in response to the above noted application. We have had an opportunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offer the following comments. The purpose of the subject application is to permit the construction of a single detached dwelling within the 30 metre setback to the high water mark. The effect of the application is to vary the provisions of Section 7.4.2(g) for the rear yard setback from 30 metres to 21 metres. Schedule A of the OP designates the subject lands as ‘Inland Lakes and Shoreline’. Section 2.6.6(2) of the OP states, Permitted uses in the Inland Lakes and Shoreline areas shall be limited to low—density residential dwellings, bed and breakfast establishments, home/rural occupations, marinas, resource based recreational uses, convenience commercial and public uses. The subject application conforms to the above policy. Schedule A also indicates that the subject lands are located within the adjacent lands of ‘Provincially Significant Wetlands’ (PSW). Section 2.8.3(2) of the OP states, Grey County: Colour It Your Way Page 184 of 273 Page 2 April 30, 2015 No development and site alteration may occur within the adjacent lands of the Provincially Significant Wetlands designation unless it has been demonstrated through an Environmental Impact Study, as per section 2.8.7 of this Plan, that there will be no negative impacts on the natural features or their ecological functions. Appendix B of the OP indicates that the subject lands are located within ‘Significant Woodlands’. Section 2.8.4(1) of the OP states, “ No development or site alteration may occur within Significant Woodlands or their adjacent lands unless it has been demonstrated through an Environmental Impact Study, as per section 2.8.7 of this Plan, that there will be no negative impacts on the natural features or their ecologicalfunctions. Appendix B also indicates that the subject lands abut Lake Eugenia. Section 2.8.6(5) of the OP states, No development or site alteration may occur within 30 metres of the banks of a stream, river, lake, or Georgian Bay. Where an Environmental Impact Study prepared in accordance with Section 2.8.6(4) of this Plan concludes setbacks may be reduced and/or where it has been determined by the appropriate Conservation Authority these setbacks may be reduced. Section 2.8.7(2) of the OP states, The County may allow for the waiving of the requirement for the preparation of an Environmental Impact Study when one or more of the following applies: c) The site conditions for a development are such that the preparation of an Environmental Impact Study would serve no useful purpose for the protection of significant environmental features. The applicant is proposing to demolish an existing dwelling and replace it in generally the same location on the subject lands. No additional impacts are expected to result due to this application. An Environmental Impact Study willnot be required with regard to the PSW, the Significant Woodlands or Lake Eugenia. Additional comments in this regard should be received from the Conservation Authority. Provided that positive comments are received from the Conservation Authority, County planning staff have no further concerns with the subject application. Grey County: Colour It Your Way Page 185 of 273 Page 3 April30, 201-5 The County requests notice of any decision rendered with respect to this file. Ifyou wish to discuss this matter further, please do not hesitate to contact me . Yours truly. Planner (519) 372-0219 ext. 1233 Ii a ‘t ' re ca www.gr§y.ca Grey County: Colour ItYour Way Page 186 of 273 Grey Sauble Conservation 237897 Inglis Falls Road, R.R.#4, Owen Sound, ON N4K 5N6 Telephone: 519.376.3076 Fax: 519.371.0437 www.greysauble.on.ca May 4, 2015 Ms. Debbie Robertson, Clerk Municipalityof Grey Highlands 206 Toronto St South, Unit 1 Box 409 Markdale ON NOC 1H0 Dear Ms. Robertson: RE: Application for Minor Variance (A02.2015) Application for Removal of Holding Provision (207.2015) Applicant: George and Diane James 100 Lakeshore Blvd.; Roll Number: 42-08-180-007-22400-0000 Municipality of Grey Highlands, formerly Artemesia Township Our File: P11494 Subject Proposal It is our understanding that the subject minor variance will allow relief from provisions 5.5(c) and 7.4.2(g) of the Municipality's Comprehensive Zoning By-Law to allow development within 30 metres of the high-water mark of Lake Eugenia. The removal of holding will allow development within 120 metres of a provinciall signi?cant wetland (PS\/\/). y The Grey Sauble Conservation Authority (GSCA) has reviewed this application in accordance with our mandate and policies for natural hazards, for natural heritage issues as per our Memorandum of Agreement with your municipality and relative to our policies for the implementation of Ontario Regulation 151/06. We offer the following comments. Site Description The subject property is located at the southern extent of Lakeshore Boulevard in the former Artemesia Township. Although partially treed, the property is largely maintained in a manicured state. A dwelling and several accessory structures currently exist on the property, including a partially built "tikibar" type structure along the shoreline. GSCA Regulations The entire property is regulated under Ontario Regulation 151/06: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. The regulated area is associated with Lake Eugenia, the Eugenia Lake PSW complex, the area of interference surrounding the PSW and the associated regulated allowances. Under this regulation, a permit is required from this office prior to the construction of buildings or structures, the temporary or permanent placement of fillwithin the designated area, interference with a wetland, and/or the straightening, changing, diverting or in any way interfering with an existing channel of a river, lake, creek, stream or watercourse. (If? Watershed Municipalities Arran-Elderslie,Chatsworth, Georgian Bluffs,Grey Highlands Meaford, Owen Sound, South Bruce Peninsula, Blue Mountains Page 187 of 273 Page 188 of 273 (1-1:"f;(J/0\::E{<;jégula'i;i(>mmi"E»ev N A07,.?,01.‘$ ~]:11’n(:s St|\)|L'ClP.’1IL'Ll(:’¥})])|1)\y) 100 Lakcsllorc Blvd. I',xiar'H1‘-9‘l)\\LllI11;g(:1] w‘nux') of l’|u|msu| l)\\<\|i|w;g(:v,p]x1<; l\/Itulicipulity Grey }’Ii{,>)'}1]lds \' 2l1 I In’/.:,1I4| I lIH| (/\ric1n(:.‘-sin) () Ihgg I31/Wu((ni{n) Sr;;1|e: 1: I000 O11rI*'i1(: No. PI 1494 U 25 m .\l;1\ U-’l1:3 Page 189 of 273 Grey Highlands Fire & Emergency Services Comments — Holding Provision File No. Z07-2015 Location: 100 Lakeshore Blvd Roll #: 420818000722400 Applicant: Diane and George James NO COMMENT The removal of the Holding Provision does not, in the opinion of the Fire [X] Department, raise any fire safety concerns. Building Code and Fire Code conditions exist at time of permit application. ADVISEMENT The removal of the Holding Provision does, in the opinion of the Fire l ] Department, raise fire safety concerns and issues. It is recommended the applicant be advised of the comments attached and be directed to contact the Fire Department to discuss specific details of the concerns. CONDITIONS [ ] It is the opinion of the Fire Department that the fire safety concerns addressed on the following page(s) should be included as conditions of approval for the removal of the Holding Provision. REFUSAL [ ] The removal of the Holding Provision, in the opinion of the Fire Department, creates an exceptional fire safety hazard with no viable means of correcting or minimising the risk. The concerns are outlined on the following page(s). 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Lou.AmN.v..\. corumm"6 .u.co_m_>P_n_9.: >._m> 8. m_uuwtm w_._._..vtmE L333? 9.: B xumnsmmmbwE om9.: c_£_>> mc___m>>_uUmcumpwv m_mc_m mu_ocozuabmcou Qt u_Ebn_ 3 m_cormu__n_n_mmg”. u_o$092. Qt. "._.Um_u_u_m_u:m m_mOn_mDn_ moemno:m_n_ us...om.8w _mmz>>o nmmmpmawmm mSn.~o< "muz .o__Bco .E f?§3.IE“.L§‘E‘"233J' . @ 71 ' W3?‘W; Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.25 May 13th, 2015 Application Details: Consent Application B04.2015 and B05.2015 Location: Lot 1, Block E, Plan 582 (The Former Village of Markdale) Agent: Lloyd Hunt, Architect Owner: 2438141 Ontario Inc. (Henry Ho) Grey County Official Plan: Primary Settlement Area Grey Highlands Official Plan: Downtown Area Zoning By-law No. 2004-50: Commercial (C1) Proposal: Lot Creation: To sever a commercial parcel measuring approximately .086 ha (864.88 sq.m.) with a frontage of 11.65 metres onto Toronto Street and having a depth of 50.3 metres (Parts 2, 4 & 6). To retain a commercial parcel measuring approximately .115 hectares (1155.33 sq.m.) with a frontage of 25.04 28.53 metres onto Toronto Street and having a depth of 47.27 metres (Parts 1, 3 & 5). (B04.2015) Easement: To establish an easement (Parts 4 & 6) for the purposes of access over the severed parcel in favour of the retained parcel and measuring approximately 68.90 sq.m. and 38.08 sq.m. in lot area, respectively. (B04.2015) To establish an easement (Parts 3 & 5) for the purposes of access over the retained parcel in favour of the severed parcel and measuring approximately 69.55 sq.m. and 122 sq.m. in lot area, respectively. (B05.2015) Recommendation: That Consents B04.2015 and B05.2015 be approved with the following conditions: B04.2015 . Payment of any outstanding Municipal Taxes. . Payment of the $300.00 Approval Fee. . Payment of the $500.00 Parkland Dedication Fee. . The applicant to obtain a Zoning By-law Amendment to implement the consent. . The Applicant to submit a Servicing Report by a qualified professional engineer to the satisfaction of the Municipality of Grey Highlands. . The Applicant to submit a Storm Water Management Report by a qualified professional engineer to the satisfaction of the Municipality of Grey Highlands. B04.2015 and B05.2015 2438141 Ontario Inc. (Henry Ho) Lot 1, Block E, Plan 582 Former Village of Markdale Page 193 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.25 May 13th, 2015 . That Consent B04.2015 be deeded concurrently with B05.2015. B05.2015 . Payment of any outstanding Municipal Taxes. . Payment of the $300.00 Approval Fee. . That B05.2015 be deeded concurrently with B04.2015. 1.0 Overview: The subject lands are located at the south east corner of Main Street and Toronto Street in Markdale. The lands are a commercial site with existing commercial structures. The proposal is to create two commercial lots, so the existing commercial buildings can be on stand alone commercial properties. Due to the access points and parking, the lot line configuration is irregular and easements are required to provide long term access and a shared parking scenario. 2.0 Planning Analysis: The following issues were reviewed as part of this application: . The Provincial Policy Statement 2014; . General Development Policies of the Municipality’s Official Plan; . The Consent Policies of the Municipality’s Official Plan; . Proposed Lot Configuration; and 3.0 Provincial Policy Statement (2014): The Provincial Policy Statement (2014) identifies that, Settlement areas are urban areas and rural settlement areas, and include cities, towns, villages and hamlets. Ontario’s settlement areas vary significantly in terms of size, density, population, economic activity, diversity and intensity of land uses, service levels, and types of infrastructure available. The vitality of settlement areas is critical to the long-term economic prosperity of our communities. Development pressures and land use change will vary across Ontario. It is in the interest of all communities to use land and resources wisely, to promote efficient development patterns, protect resources, promote green spaces, ensure effective use of infrastructure and public service facilities. As such, Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. B04.2015 and B05.2015 2438141 Ontario Inc. (Henry Ho) Lot 1, Block E, Plan 582 Former Village of Markdale Page 194 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.25 May 13th, 2015 Figure 1 - Aerial Based on the application, the proposal would be consistent with the Provincial Policy Statement. 4.0 The Municipality of Grey Highlands Official Plan: All development must comply with the General Development Policies of the Municipality’s Official Plan. Furthermore, all applications for Consent must comply with the General Consent Policies outlined under Section 3.2 of the Official Plan in addition to the specific consent policies of the applicable land use designation. The proposal is for the creation of one new commercial lot with existing structures on both the severed and retained. The proposal would also include easements for access and shared parking. The Official Plan provides the following General Consent policies, • The Development policies of this Section shall be met. • The land division shall promote development in an orderly and contiguous manner, and shall not conflict with the established development pattern of the area. • The proposed use is compatible with existing and permitted future land uses on adjacent lands. • The servicing requirements of this Plan shall be met. • Access for new lots should be provided by Municipal Roads, with access from County and Provincial Roads being discouraged. In all cases, new lots will not be permitted where the proposed access would create a traffic hazard because of limited sight lines, curves or grades. • There shall be evidence that soil and drainage conditions are suitable to permit the proper siting of buildings, that a sufficient and potable water B04.2015 and B05.2015 2438141 Ontario Inc. (Henry Ho) Lot 1, Block E, Plan 582 Former Village of Markdale Page 195 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.25 May 13th, 2015 supply exists, and that an adequate means of sewage disposal can be provided. • A zoning by-law amendment must be approved as a condition of consent. • New lots created by consent should be configured and located so as not to fragment the retained parcel in a fashion which would: i. reduce the potential to comprehensively plan for future development within Settlement areas; and ii. create less usable space for agriculture, buildings or other rural activities. • Clustering of residential uses is encouraged. • All new entrances will be subject to the approval of the road authority having jurisdiction. The proposal is to create a new commercial lot, where two commercial buildings exist on a single commercial property. Further the proposal also proposes an easement for access and shared parking. There was a formal pre- consultation meeting and staff requested a servicing plan and stormwater management plan. The applicant has requested that the consent proceed and that should the consents be approved, that they be conditional on the requirement for the servicing and stormwater management plans. Staff would support this as the sites are currently serviced, and the site is built upon. As such, the required reports would be requested as conditions of the lot creation consent. The applicant has also submitted a consent to establish cross easements which provide the severed parcel access and parking on the retained parcel, and the reciprocal to permit the retained parcel to have access and parking on the retained lands. Staff support the easement application. Based on the proposal staff are of the opinion that the proposed consents conform to the Official Plan. 5.0 Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004-50: The lands are zoned Downtown Commercial (C1) within the Comprehensive Zoning By-law No 2004-50. In order to implement the consent both the severed and retained parcels must be recognized. Based on the extent of relief required, it is staffs opinion that a zoning by-law amendment is more appropriate. At this time, there are still further details required in order to determine the complete list of zoning exceptions required. The following is a chart identifying the relevant provisions, and the outstanding items to be confirmed by the applicant. These would all be considered within a proposed zoning by-law amendment. Staff would note that this is an existing situation, and that the site plan changes would better the access, parking and overall use of the existing buildings. Further it would legally recognize the access points and parking by way of easement. It would not be uncommon for commercial buildings to share mutual parking areas as is the case. B04.2015 and B05.2015 2438141 Ontario Inc. (Henry Ho) Lot 1, Block E, Plan 582 Former Village of Markdale Page 196 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.25 May 13th, 2015 Provision Required Severed Retained Consideration Minimum Lot 4.5 metres 11.65 metres 28.53 metres Met Frontage Minimum Lot 50 square 865.48 1157.16 Met Area metres square square metres metres Maximum Lot 80% 35.28% 63.10% Met Coverage Minimum 0 metres 3 metres 0 metres Met Front Yard Setback Minimum 0 metres 3.0 metres 1.97 metres Met Interior Side Yard Minimum 3 metres Not Applicable 0 metres Not Met – Exterior Side Retained Yard Minimum 3 metres 3.18 metres 3.0 metres Met Rear Yard Maximum 11 metres To be To be To be Height confirmed confirmed confirmed S 5.14 (a) To be To be To be (Parking) confirmed. confirmed. confirmed. S 5.14 (b) To be To be To be Loading confirmed. confirmed. confirmed. S 5.14(d) To be To be To be Access to confirmed. confirmed. confirmed. Parking S 5.14(d)iv) 1 metre 0 metres 0 metres Not Met Driveway S 5.14 e) To be Cash in Lieu discussed as part of implementing Zoning By- law Amendment. S 5.314 h) Spaces on Spaces on Not Met adjacent lot adjacent lot B04.2015 and B05.2015 2438141 Ontario Inc. (Henry Ho) Lot 1, Block E, Plan 582 Former Village of Markdale Page 197 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.25 May 13th, 2015 Location of by easement. by easement. Parking on other Lots S 5.14 j) 5.75 x 2.75 5.75 x 2.75 Not Met Parking and Loading Space Dimensions S 5.14 l) Concrete, To be To be To be Surface Asphalt confirmed. confirmed. confirmed. 6.0 Comments Received (Summary): Comments were provided from the following authorities having jurisdiction over the subject lands: • The County of Grey: Comments received April 30th 2015. Comments should be received from Drinking Water Source Protection staff. • The Saugeen Valley Conservation Authority: Comments received May 6th 2015. Please be advised that this property is not subject to SVCA’s development, interference with wetlands, and alterations to shorelines and watercourses regulation. • The Municipality of Grey Highlands Building Department: Building Department have no concerns with this application. All applicable laws must be adhered to by applicant and requirements satisfied before Grey Highlands Building Department will issue any permits. • The Municipality of Grey Highlands Transportation and Environmental Services Department: Comments received May 6th 2015. The following comments are based on a pre-consult meeting with the applicant on the future use of the property. 1. A drainage/stormwater plan will be required 2. It would appear from the site plan provided there is insufficient amount of parking space for the proposed businesses and apartments. Additionally, snow storage should be considered. 3. Main Street access (alley) is narrow and would be restrictive on type of vehicles that could be utilized for business pickups and delivery’s. 4. TES would request a more detailed site plan including items identified above to provide additional comments. B04.2015 and B05.2015 2438141 Ontario Inc. (Henry Ho) Lot 1, Block E, Plan 582 Former Village of Markdale Page 198 of 273 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.15.25 May 13th, 2015 • The Municipality of Grey Highlands Fire & Emergency Services: Comments received April 27th 2015. The application does not raise any issues with Fire Department. 7.0 Conclusion: Planning Staff have reviewed the consent applications and are of the opinion that the consent conforms to the Official Plan and is consistent with the Provincial Policy Statement. There are a number of items that still need to be completed, however, these can be completed as conditions of consent. This would include the servicing plan, stormwater management plan and an implementing zoning by-law amendment. l 2015 / 05 / 13 Date Appendix 1 –MGH Location Map Appendix 2 –Aerial Map Appendix 3 –Agency/Department comments Appendix 4 –Notice and Site Plan (Lloyd Hunt Architect) Appendix 5 – Site Plan Details (LLoyd Hunt Architect) B04.2015 and B05.2015 2438141 Ontario Inc. (Henry Ho) Lot 1, Block E, Plan 582 Former Village of Markdale Page 199 of 273 ’ :1 . ‘ w. 1...... v _ ...V . .. x. = . .\lI. \ ‘ . \ , x ,, .3; ‘A.- . ‘ .=I , _ I, ., .. u . . x \_ /, x .. _\ . ’ ,\ ,,,. W. . W I.‘. ‘ x L . ,., a...... ,n M . .. . ., u. ww , I , a , ‘ ‘ ...._.‘ - h ‘I Page 200 of 273 zo: Ms. Amber Tabor, Municipal Services Assistant Council and Legislative Services Municipality of Grey Highlands 206 Toronto Street South, Unit #1, P.O. Box 409 Markdale, Ontario NOC 1H0 Re: Consent Applications B04/2015 and B05/2015 17 Main Street West and 12 Toronto Street South RP 582, Lot 1, Block E Municipality of Grey Highlands (geographic Town of Markdale) Owner: 2438141 Ontario Inc. Agent: Lloyd Hunt, Architect Dear Ms. Tabor: This correspondence is in response to the above noted applications. We have had an opportunity to review the applications in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offer the following comments. The purpose and effect of application B04/2015 is to sever a commercial parcel measuring approximately 0.086 hectares with a frontage of 11.65 metres onto Toronto Street and having a depth of 50.3 metres (Parts 2, 4 and 6), and to retain a commercial parcel measuring approximately 0.115 hectares with a frontage of 25.04 metres onto Toronto Street and having a depth of 47.27 metres (Parts 1, 3 and 5). The purpose and effect of application B05/2015 is to establish an easement (Parts 4 and 5) for the purposes of access over the severed parcel in favour of the retained parcel and measuring approximately 68.90 square metres and 122 square metres in lot area, respectively. Schedule A of the OP designates the subject lands as ‘Primary Settlement Area’. Section 2.6.3(2) of the OP states, Land Use policies and development standards in areas designated Primary Settlement Areas will be in accordance with local Official Plans and/or Secondary Plans. Grey County: Colour It Your Way Page 202 of 273 Page 2 ' '5.‘-.".':.--.April 30, 2015 Appendix-.I"-'.--.-"-r-'A of the OP indicates that-'-'- the subjectI.-'-.-':..lands are; locatedI-P:-:|.:.-.|'.'...awithin ‘Wellhead I.ProtectionJ-. Area D’ra-I(WHPA D).l.|...|.|.-I_..1I;_Section 5.3.4.1 (3) of the OP states, Any-'-I-|.|I|.a--.-|--—.—.—-I-.|.|I-.|.|.|'lII-|.-.-Planning Act applications proposed within the Municipal WHPAs or ‘ HFPF-I-—-IMunicipal |PZs identified on AppendixH— A ofI—-‘"-this Plan will be subject to a review by the County-|.-I—--H-I--|I|.-n-—.-.-.-I-and the local municipality to assess the risks of:- —--I-such uses to potentiallyH-|-||rI—'- contaminate--I--u-.-'----I-1-.-I-.groundwater or surface water and, based on--this assessment, -+|n-I-.-.|r|I—.to determine whether or not a Hydrogeological StudyI-'-'-—|-|'-or Environmental ImpactI'l'l'n'-hladiStudy is required to the satisfaction of the County and the local municipality. It maybe necessary for County or local staff to consult with Drinking Water Source Protection staff on these matters.‘- " -I-an-I-mun-1IComments should be received from Drinking Water Source Protection (DWSP)staff:if -uuinul?élvinunri?i-é“-The subject lands abut Main Street West, which is a County road, and Toronto Street ‘ $_'*"|FI§iSouth, which is a Provincial Highway. Section 5.2.2(6)(f)of the OP states’, Any applications for consent for severance, change of zoning, plan of w subdivision, minor variance and/or development agreement for land %..*::..-:E:-''-'I-"'I'I'?'I'I'-H"abutting a Provincial Highway or County road shall be referred toI the appropriate approval authority prior to approval in order to determine 1%"-H-H ‘T if .1. the use, siting, IFand/or right-of-way"I'l'I width areI-I-H-I-'I"-I-radequate and meet-dI"-the provisions of this Plan. Comments-rII—I-all-|I—should be received from—--I-I-Ithe Ministry ofH.-.I|-u-Iul-.h'I||Transportation (MTO). CommentsII-.-i-- havejjj-— been received fromTransportation-—'—:uI—I—-lip?-I-Services stating no objections. TheI'I subject7-pnjzl-Jarj-Ilands are located within close proximity to County—ownedI_qa.1I.|.|-_ housing property. Comments have been received from Housing staff stating no concerns. Provided that positive comments are received from DWSP staff and from MTO, County planning staff have no further concerns with the subject applications. The Countyu' I requestsul--u-un----nu‘--uuuIuI"'notice of any decision rendered with respect to these files. If'--you wish"-'--‘Ito discuss this matterl.. further, pleaseill; do not hesitate to .I.I.I.contact me. Grey County: Colour It Your Way Page 203 of 273 Page 3 April 50, 2015 Yours truly, <43AMha uitenhuls, B.E.S. Planner (519) 372-0219 ext. 1233 [email protected]. mw.grey.cg Grey County: Colour It Your Way Page 204 of 273 Page 205 of 273 Municipalityof Transportation and Environmental Services .:u?:l'3"‘lR:‘1‘ X.’-_ Comments for Planning Applications Grey High] ands Application File No. 0 - 0 Date W740 Owner =;?‘7’3'5’/ Location Lot No. Concession Municipal Address [2 zzzgm 5‘J’ 0-.) es}, /1 7’/’V‘c-ac./v3-ESecu’!k I’V?ar/ ' at ' ' It /%¢ ro e//‘L . M D / ~ u.;('((b_(> I /0/an kv Q) gg mgum mg am,‘-?g Mm.» Am 4; 5/.5; ?g -; - ?¢,¢_,,,x ,4’ <,01Qe_£$/ £1 /46 5; /'/25,, mmir lam-4/.. /4 0/‘a,.o-=s¢»/ 4' 55 m .4//' 2/ / 1:4.) /z':xza_5/“ n a//. (2.35224;); séeg? 45¢;-gs ( (1/4%)§ ?i/ro 4225/ wag/M 5e [g5/F/C//V; Q1 ég? Qé Q34/cgzg fad/Q 55 Qfz//Ztgi ?or‘ 5-44254432’as Q/Qé 95 f Jr W73. Q) is L " ‘ z.’/’ c )é '/ ;-, Approval Yes No Comments provided by Signature Page 206 of 273 lopme App! son Page 207 of 273 Page 208 of 273 OM 8.8: 3 MN .zn:o:o.»n._<,w: D \ m Wm\ - \ 9z91 _ .P mu: _S cm; Ema .mm>a>o ,|_| Mbup \ V. _ R M _|_|~ . H 70 \m M. u . DDWZWT _lw| &w .0 9 _.H.FIimT_u _ . %._o?e! m\ \ H g .u__2.. _ To F1Lu 2 E _ - /_ \m __ _ _z0\v® . MK . l \ a Q ? %m lhDI.wD|1J bx ..||l. ‘ ‘fill 7 Page 210 of 273 The Corporation of the Municipality of Grey Highlands Draft Committee of Adjustment Minutes - May 13, 2015 Present: Paul McQueen (Chair), Cathy Little, Manley Risk, Lynn Silverton, Bill Trimble, and Staff: Consulting Planner Kristine Loft and Secretary- Treasurer Deborra Crawford 1 Call to Order 1.1 The Chair called the meeting to order at 5:00 p.m. 2 Declaration of Pecuniary (Financial) Interest, Direct or Indirect 2.1 None with the items as listed on the agenda. 3 Adoption of Minutes 3.1 Adoption - April 8, 2015 CAO 15-11 Silverton-Trimble Resolve That the Committee of Adjustment approves the minutes of April 8, 2015 as circulated CARRIED. 4 Business Arising from the Minutes 4.1 None 5 New Files 5.1 A02.2015 - James In Attendance: George James, Applicant Signage: In Place Purpose and Effect: To permit the construction of a single detached dwelling within the 30 metre setback to the highwater mark. The effect is to vary the provisions of Section 7.4.2.g) for the rear yard setback from 30 metres to 21 metres. The Consulting Planner presented Planning Report PL.15.24 and agency comments. Comments from Applicant: George James supports the Planner's reports. Clarified that he is aware of where his property lines are; has found one survey stake and is currently looking for the rest. Comments from Public: Bill Morgan, neighbour at 111 Lakeshore Road, represents 1491528 Ontario Ltd. the company that owns Lakeshore Road. He would like to recommend that Mr. James be requested to complete a survey on the property, as the jurisdiction of the road and right of way has been in question for years. Also stated that 1491528 Ontario Ltd. did not receive notice of the minor variance application. Comments from Members: Requested clarification if Committee could request a survey be completed. Page 211 of 273 Committee Of Adjustment Minutes - May 13, 2015 - Page 2 of 3 The Consulting Planner confirmed that Lakeshore Road is a private road on private property. The property line and road issues on right of way are between the property owners only and is not a municipal issue. The Committee is not able to request a survey for a minor variance application. The Building Department will ensure that the footings will be placed in the correct locations but it is the responsibility of the property owner to ensure the location of the pins is correct. The municipality is aware of Mr. Morgan's concerns regarding the private road and that he looking for a solution to correct, however, the road is not located on municipal property. Recommendation: That Minor Variance application A02.2015 be approved. Members Vote: Silverton - Support Little - Support McQueen - Support Trimble - Support Risk - Support Application A02.2015 was approved. Public Meeting adjourned. 5.2 B04.2015 and B05.2015 2438141 Ontario Inc. In Attendance: Lloyd Hunt, Agent Signage: In Place Purpose and Effect Lot Creation: To sever a commercial parcel measuring approximately .086 ha (864.88 sq.m.) with a frontage of 11.65 metres onto Toronto Street and having a depth of 50.3 metres (Parts 2, 4 & 6). To retain a commercial parcel measuring approximately .115 hectares (1155.33 sq.m.) with a frontage of 25.04 metres onto Toronto Street and having a depth of 47.27 metres (Parts 1, 3 & 5). (B04.2015) Easement: To establish an easement (Parts 4 & 6) for the purposes of access over the severed parcel in favour of the retained parcel and measuring approximately 68.90 sq.m. and 38.08 sq.m. in lot area, respectively. (B04.2015) To establish an easement (Parts 3 & 5) for the purposes of access over the retained parcel in favour of the severed parcel and measuring approximately 69.55 sq.m. and 122 sq.m. in lot area, respectively. (B05.2015) The Consulting Planner presented Planning Report PL.15.25 and agency comments. The proposed condition of consent for a Storm Water Management Report and a Servicing Report will satisfy the concerns of the Director of Public Utilities. Zoning and Site Plan Applications will address the narrow lane and parking issue. Applicant and Agent pre-consulted on this item with the Consulting Planner. Page 212 of 273 Committee Of Adjustment Minutes - May 13, 2015 - Page 3 of 3 Comments from Members: Concerns regarding fire risk; Consulting Planner confirmed there is adequate access from Main Street and Toronto Street for emergency services and the fire department did not express any concerns. Comments from Agent: Mr. Hunt confirmed that he is working closely with the Fire Chief on renovations for the buildings to ensure all fire codes are met. Confirmed that the selection for the property line that divides the property is set at three metres to ensure if there is a fire, the spread of fire is limited distance between building for safety. Comments from Public: None Recommendation: That Consent applications B04.2015 and B05.2015 be approved with conditions. Members Vote: Silverton - Support Little - Support with conditions McQueen - Support with conditions Trimble - Support with conditions Risk - Support with conditions Applications B04.2015 and B02.2015 were approved with conditions. Public Meeting adjourned. 6 Other Business 6.1 2015 OACA Seminar - September 24th to September 25th - North Bay Due to distance members will not be attending the 2015 OACA Seminar. 7 Next Meetings 7.1 1. June 10, 2015 2. July 8, 2015 8 Adjournment 8.1 Adjournment COA 15-12 Silverton-Trimble Resolve That the Committee of Adjustment adjourn until the Call of the Chair. Time: 6:05 pm CARRIED. Paul McQueen, Chair Deborra Crawford, Secretary- Treasurer Page 213 of 273 Crawford.Deborra Subject: FW: KCA Canada Day Invitation Attachments: beaver poster_edited-3.pdf; ATT00001.htm From: Wendy Macdonald [mailto:[email protected]] Sent: May-12-15 2:17 PM To: Robertson, Debbie Cc: Brian McCulloch; Lynne Brewer; McQueen, Paul; Halliday, Stewart Subject: KCA Canada Day Invitation Hello Debbie. The Kimberley Community Association would like to extend a formal invitation to all our Council members, Deputy Mayor Stewart Halliday and Mayor Paul McQueen to attend our annual July 1st Canada Day Celebration from 12:00 onward at the Kimberley Town Hall. Please raise this invitation at your next meeting. I have attached a poster below where you will note more details. This year we are very excited that Mayor Paul McQueen will unveil and dedicate the relocated Old Baldy plaque. Mayor McQueen's speech will be followed by a talk from Stew Hilts about Old Baldy and the Valley. The KCA is pleased to provide lunch and a beverage for Council members, Deputy Mayor Stewart Halliday and Mayor Paul McQueen. 1 Page 214 of 273 KIMBERLEY TOWN HALL . July 1st 12-3 p.m. Children’s Activities Magic! Cake and Ice Cream Dedication of Old Baldy Mayor Paul McQueen unveils Old Baldy Plaque Stew Hilts presents Old Baldy geology BYO picnic & seating Indoors in case of rain Sponsored by the Kimberley Community Association Page 215 of 273 Page 216 of 273 Page 217 of 273 Page 218 of 273 Page 219 of 273 Page 220 of 273 Page 221 of 273 Page 222 of 273 Page 223 of 273 Page 224 of 273 Page 225 of 273 Page 226 of 273 The Corporation of the Municipality of Grey Highlands NOTICE OF INTENTION TO PASS AMENDING BY-LAW TO REMOVE HOLDING PROVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Grey Highlands intends to pass an amending by-law to remove a holding provision under Subsection 36 (4) of the Planning Act R.S.O. 1990, as amended, at the meeting of Council on Wednesday, May 20th 2015 AN EXPLANATION of the effect of the removal of the holding symbol, and a description of the subject land is provided below. A key map, showing the location of the land to which the application applies, is attached. DATED at the Municipality of Grey Highlands, this 28th day of April, 2015. Municipality of Grey Highlands 206 Toronto Street South, Unit 1 (Grey Gables Building – Lower Level) Box 409 Markdale, Ontario, N0C 1H0 Phone (519) 986-2811, Fax (519) 986-3643 For information please contact the Corporate Services Department. EXPLANATORY NOTE This by-law applies to those lands located within the Municipality of Grey Highlands and described as 100 Lakeshore Blvd. Being Lot 43, Registered Plan Number 828, (The Former Township of Artemesia) as shown on the attached key map. THE PURPOSE OF THE BY-LAW IS: • to amend the Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50 to remove the holding provision from a portion of the subject lands to permit a single detached dwelling unit as well as private servicing and access. THE EFFECT OF THE AMENDING BY-LAW IS: . to remove the holding provision from a portion of the subject lands identified on Schedule 'E-1' of the Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50. Page 227 of 273 SCHEDULE "A" BY-LAW No. ______AMENDING BY-LAW No. 2004-50 MUNICIPALITY OF GREY HIGHLANDS (FORMERLY IN THE TOWNSHIP OF ARTEMESIA) DATE PASSED: ______ SIGNED: ______PAUL McQUEEN, MAYOR DEBBIE ROBERTSON, CLERK e P Ridg F alley o V l e i n w t e e an R nny L l Pe l o i n a ± g d ion cess Con 10th levard ore Bou Lakesh Lake Eugenia Subject Lands 3 5 S i d e e r o n a a d L s e l i KEY MAP W 1:20,000 RS RS-13 L a k e ± s OS h o r e OS B o u l e RS v a r d H RS W 1:1,500 LEGEND Lands subject to amendment OS Open Space Lands subject to lift of holding provision H Hazard RS Residential Shoreline W Wetland Note: Updated zone labels converted to annotation. COUNTY OF GREY PLANNING DEPARTMENT Z072015_JamesLIFTHOLD.mxd Page 228 of 273 Page 229 of 273 THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER 2015-xx A BY-LAW TO LIFT A HOLDING PROVISION BEING a By-law to lift a hold provision by amending the Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004-50; WHEREAS Section 6.1.5 of the Municipality of Grey Highlands Official Plan, enables the Comprehensive Zoning By-law to contain provisions which specify the use to which lands buildings or structures may be put at such time in the future as the holding provision is removed by amendment to the By-law. AND WHEREAS in accordance with Section 4.3.2 (b) of the Municipality of Grey Highlands Official Plan, and Section 5.5(d) of Comprehensive Zoning By-law 2004-50, the lands affected by this By-law are subject to a holding provision due to their proximity to a Provincially Significant Wetland. AND WHEREAS the Council of the Corporation of the Municipality of Grey Highlands deems it in the public interest to pass a By-law to amend By-law No. 2004-50. AND WHEREAS pursuant to the provisions of Sections 34 and 36(1) of the Planning Act, R.S.O. 1990, as amended, By-laws may be amended by Councils of Municipalities; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS ENACTS AS FOLLOWS: 1. By-law No. 2004-50 is hereby amended by affecting the lands described as Lot 43, Registered Plan 828, the Former Township of Artemesia has shown on Schedule “A” attached hereto. 2. Schedule “E-1” of By-law No. 2004-50 is hereby amended by removing the holding provision from a portion of the property, subject to the following: a) The holding provision shall only be removed from the portion of the property identified on Schedule “A” of this By-law, and b) Removal of the holding provision shall only permit the construction of a single family dwelling, private servicing and access. 3. Schedule “A” and all other notations thereon are hereby declared to form part of this By-law. 4. This By-law shall come into force and take effect upon being passed by Council subject to any approval necessary pursuant to the Planning Act, R.S.O. 1990, as amended. GIVEN ALL THREE READINGS AND PASSED: The Corporation of the Municipality of Grey Highlands ______Paul McQueen-Mayor ______Debbie Robertson –Municipal Clerk Z07.2015 – James, George and Diane Page 230 of 273 Mu alfseasons H]gh]anCgrey?S ‘I?ep?zcefor Staff Report To: Dan Best, Chief Administrative Officer From: Chris Cornfield, Director, Transportation & Environmental Services Date: May 20, 2015 Report: TES.15.06 Subject: Curbside Recycling and Waste Collection Contract Extensions Recommendation: That Council receives the report of the Director of Transportation and Environmental Services TES.15.06 dated May 20, 2015 regarding the extension of the Waste and Recycle Contracts; And That Council support extending the contract with Mid-Ontario for the collection of curbside recycling for 1 (one) year, commencing July 1, 2015 to June 30, 2016 as outlined in Option 1 and detailed in Schedule A; And That Council support extending the contract with Wilton Sanitation for the collection of curbside garbage for 1 (one) year, commencing July 1, 2015 to June 30, 2016 as outlined in Option 1 and detailed in Schedule B Background and Analysis: On February 2, 2015 staff presented long term waste management strategy to Committee of the Whole whereupon Council resolved (CoW2015-023) that “staff be directed to discuss and negotiate a contract extensions for the same level of service from both the recycling and waste collection contractors for a one year period and a report brought back to council.” Page 231 of 273 TES.15.06 2 Curbside Recycling and Waste Collection Contract Extensions The current curbside recycling collection contract with MidOntario Disposal and waste collection contract with Wilton Sanitation are on a one year extension that commenced July 1, 2014 and expires on June 30, 2015. The extension will allow time for long term waste management program planning including the possible integration of a curbside collection RFP with Chatsworth. Both Chatsworth and Grey Highlands expressed an interest in the possibility of a joint RFP for collections to achieve efficiencies. It would be the intent that both municipalities collections contracts expire simultaneously such that the newly awarded proposed cooperative contract could begin July 1, 2016. Currently two curbside loads are directed to the Markdale WDS and all remaining loads are directed to the Artemesia WDS for logistical efficiencies. Staff review has shown that directing all curbside collection to the Markdale WDS could result in significant operational efficiencies. By extending the current collections contracts and aligning the contract expiration with those of the Chatsworth collection contracts, the opportunity for a joint curbside collections RFP can be explored. This extension will allow time for long term waste management program planning and to realize efficiencies for both collections and operations at the Municipality’s Waste Disposal Sites. Wilton’s has proposed two options that can be implemented on an as needed basis to facilitate operational efficiencies depending on the need that best fits at the time. a) $55 per daily route should the Municipality decide to direct individual curbside routes to the Markdale Waste Disposal Site. This option is already being utilized for Friday pickups that are being diverted to the Markdale site. Therefore this option does not have a further financial impact than what is noted below unless additional routes are diverted. b) $220 increase per week should the Municipality decide to direct all daily routes for curbside waste to the Markdale Waste Disposal Site Page 232 of 273 TES.15.06 3 Curbside Recycling and Waste Collection Contract Extensions Operational Considerations: There are two alternatives available for consideration: 1. Extend both curbside contracts as proposed to ensure time and resources can be dedicated to exploring the best contract options to meet the needs of Grey Highlands’ residents. This is the recommended option. 2. The option to not extend the contracts remains, however, this is not recommended, as it does not allow for additional time to work with Chatsworth, and would result in a significant time investment to immediately rewrite a Request for Proposal document, when the new service terms are still being discussed. Grey Highlands Strategic Plan: The recommendation(s) included in this Staff Report support the following goals identified in the 2013-2018 Strategic Plan: 3.2 Harmonizing community services across the municipality 3.4 Environmental Stewardship 5.5 Forging partnerships with other levels of government 5.6 Adapting to changing demands and expectations Financial Impact: Recycling The curbside recycling collection contract with MidOntario will result in a $304,887 cost to the municipality, which is over the expected budgeted amount of $283,545 by $21,339. This amount is comprised of an oversight that occurred in both 2015 and 2014 budgets – that of the CPI increase of approximately 2% each year. Further the budget amounts have only included the base contract price, and not the non-refundable portion of the HST which is approximately $5,000 per year. Page 233 of 273 TES.15.06 4 Curbside Recycling and Waste Collection Contract Extensions While the extension agreement was made with a zero percent increase over the last year’s actual expenditure, the 2015 actuals will be over-budget by $21,339. Waste The curbside waste collection contract with Wilton Sanitation will result in a $283,514 cost to the municipality, a zero (0) percent increase over last year. This amount is within the 2015 budgeted amount of $292,020. The financial impact is anticipated to be approximately $8,506 better than budget. The overall combined impact would be that the recycling and waste collection contract extension will result in a $12,833 over-run. Legal Impact: There are no legal implications as a result of the recommendations outlined in this report. Staffing Considerations: There are no staffing implications as a result of the recommendations outlined in this report. Policies/Legislation: None. Consultation: Chief Administrative Officer Director of Finance File or Reference: L04 – Contracts & Agreements Under Seal Page 234 of 273 TES.15.06 5 Curbside Recycling and Waste Collection Contract Extensions Attachments: Schedule “A” MidOntario Letter Schedule “B” Wilton Sanitation Letter Completed by, Respectfully submitted by, ______Nicole Heber, MSc Chris Cornfield Municipal Services Assistant Director of Transportation & Environmental Services I concur with this report. ______Dan Best MPA, BA Chief Administrative Officer Page 235 of 273 Page 236 of 273 Page 237 of 273 HGH Heritage Grey Highlands - Minutes of Meeting: December 16, 2014 Members Present: Nancy Matthews, Mary Harrison, Ben Patey PLUS Cathy Little, Aakash Desai (newly appointed council liaisons) PLUS Paul McQueen, Stewart Halliday (out-going council liasons) Members Absent: Heather Sprott, Matthew Gaasenbeek Agenda Item: Discussion Points: Decisions re Actions: 1. Quorum 5 of 7 2. Approval of agenda As distributed 3. Declaration of none pecuniary interest 4. Approve Minutes of Errors or Omissions: none noted Accepted as previous meeting as Business arising: distributed distributed Boyntons still refuse HGH signage due previous issues re chip wagon 5. New council committee warmly welcomed new Nancy will forward representation liaisons Cathy Little & Aakash Desai documentation & links most of meeting was a “briefing” re to Cathy & Aakash the heritage act, HGH and our roles 6. Committee members One member is wishing to resign Request Debbie R. to 2-3 new volunteers would help advertise for HGH spread the work. Someone from volunteers at earliest Markdale would be a bonus opportunity 7. Regular meetings Day(s) & times preferred by new Meetings will be set as members were discussed needed – probably 4pm meeting times deemed ok once a month for the Tentative days Tues or Thurs present 8. Annual report See attached Submission approved 9. 2015 Budget Included with annual report Budget approved 10. New-style Inventory A “chart” style document with a Nancy will move any thumbnail & brief details for each existing inventory former township and also Markdale buildings to the new Flesherton & Priceville style chart format Will identify heritage buildings HGH Committee will then wishes to list and/or designate add buildings to their To start will concentrate on the best area’s document 11. 100th anniversary See attached info sheet to OPG Stewart H will follow Lake Eugenia No reply as yet received up with OPG contact New Business Item: Discussion Points: Decisions re Actions: 12. Incentive grants for See attached bylaw from Perth Agreed that HGH will maintenance Approach council re budget for this? recommend to council 13. Heritage briefing to Target Jan 21 committee of whole Feb 4 1PM for 1 hour all of council Nancy will request meeting time has been set 14. HGH website Museum has created a section Needs work & more documentation HERITAGE Grey Highlands Meeting Minutes: December 16, 2015 Page 1 Page 238 of 273 15. Firehall restoration HGH was not consulted or informed Need to follow up with about recent brickwork repairs owner & building Consultation on restoration is part of dept. to improve the process for designated buildings communications 16. Heritage Information Will explore getting copies of These are all PDF re policies& bylaws + Heritage Toolkit + others for Will provide on DVD preserve/restore committee & municipal staff or USB stick 17. Heritage Conference Valuable learning tool & networking Will discuss program see 2015 dates & link for volunteers & also council liaisons & decide how many below Council members can attend on their members will attend own budget, not HGH portion to cover sessions Program is attached with beneficial sessions highlighted to consider 18. New LED projector Unable to find it for meeting use Under desk opposite Nancy contacted Kate for location from computer Date for next HGH meeting: Jan 20 4pm Announcements: Feb 4, 1-2 pm – scheduled to address committee of the whole. Members invited to attend Feb 11, 2015 Kinplex - Nancy’ will make a “Heritage Architecture” (PowerPoint) presentation to PROBUS. Kate will bring sample research materials from Museum. Social time 12:30-1pm. Presentation 1:30-2:30. HGH members welcome to attend. April 30th – May 2 2015 Ontario Heritage Conference at Niagara on the Lake. http://www.2015heritageconference.com/ Attachments: Perth property grant bylaw Annual report (as amended) + Budget Info to OPG re listing the generating station at Eugenia Sample of new inventory layout Program for the 2015 heritage conference with notes HERITAGE Grey Highlands Meeting Minutes: December 16, 2015 Page 2 Page 239 of 273 HGH Heritage Grey Highlands - Minutes of Meeting: January 20, 2015 Members Present: Nancy Matthews, Heather Sprott, Mary Harrison, Ben Patey, Cathy Little, Aashak Desai. Members Absent: Matthew Gaasenbeek Agenda Item: Discussion Points: Decisions re Actions: 1. Quorum 6/7 2. Approval of agenda add bylaw query from Cathy Little approved as amended 3. Declaration of None declared pecuniary interest 4. Approve Minutes of Errors or Omissions: none noted Accepted as previous meeting as Business arising: listed to agenda distributed distributed 5. Heritage publications Review & distribute digital copies of Copies of these PDF heritage publications to committee files will be given to members (see list below) municipality & Members will read sections as museum for websites indicated & report back summary 6. Council presentation Discussion of points to cover with Presentation to documentary backup will include: committee of whole Heritage committee role + Annual will be Feb 4, 1-2 pm report & future plans at council chambers. Property Register summary & uses Nancy will prepare a Why designation a good thing for concise power-point owners (Shipley report) Backup information Why “list” heritage buildings: Poplar and documents will be hotel demolition because not listed left with the clerk Current policy of owner permission Time for Q&A to list not required heritage act HGH members invited New short-form inventory design to attend Case for conservation districts + PDF of final Seaforth video presentation is Signage policy heritage districts attached Case for owner incentives; options for + Perth bylaw Case for heritage landscapes Beaver Valley, old Baldy etc Case for adding churches without permission (cemeteries too) Importance of rural hamlets & heritage farmsteads – rural driving tours, bike routes Preservation of historic barns 7. Heritage conference Adaptive re-use, tour of conservation Attendance decisions districts, restorations of interest deferred HERITAGE Grey Highlands Meeting Minutes: January 20, 2015 Page 1 Page 240 of 273 8. Local workshop Likely in Meaford after February will address with council & staff should be council when dates “encouraged” to attend are known New Business Item: Discussion Points: Decisions re Actions: 9. Anomaly in Heritage page two under mandate says Suggest that bylaw be committee bylaw “Heritage Grey Highlands reports to amended to remove (2011-42) brought to council through the planning & incorrect information our attention by development committee” Has been brought to Cathy Little This committee no longer exists & attention of clerk for HGH actually reports to council action through our two council liaisons 10. Local brickwork The two and three color decorative Nancy has someone brick in many GH heritage buildings with genealogical is of excellent workmanship, interest looking for somewhat unique in design and not census websites that to be seen in other places might be searchable The brick itself comes from various Committee will also local brickworks, each of which made consider ways and its own unique color means to find this We would like to discover the mason information or masons who did the work In all likelihood, a census would show the occupation of mason or brick-layer listed for someone who owned his own brick house Documenting the brick designs in local buildings could be a big “hook” in attracting heritage tourism Announcements: Feb 4: Committee of whole HGH presentation 1 pm for one hour – council chambers Feb 11: Heritage presentation to PROBUS Kinplex: social time 12:30-1, then brief meeting. Good if HGH members there to circulate during break. Presentation 1:30-2:30 Date for next meeting: will arrange by email due so many other commitments! Attachments: PDF Presentation to committee of whole re HGH (item 6) HERITAGE Grey Highlands Meeting Minutes: January 20, 2015 Page 2 Page 241 of 273 LIST OF HERITAGE PUBLICATIONS provided to committee in digital form: ONTARIO HERITAGE TOOLKIT: (ministry heritage, culture & tourism) Publication name Member to read & report back Designating Heritage Properties General reference Heritage & Planning (Cultural Landscapes) Cathy Little Heritage Committee General reference Heritage Conservation Districts Aakash Desai Heritage Property Evaluation Heather Sprott Places of Worship Nancy Matthews RESTORATION MANUALS: Publication name Member to read & report back Green Restoration Guide (Manitoba) Ben Patey Well-Preserved (Conservation manual) 8 sections, general reference OTHER GENERAL INFORMATION: Heritage Buildings Architectural Styles Ontario Conservation Standards (for government & partner buildings) Ontario Financial Incentives (ministry presentation at 2014 Heritage Conference Seaforth Video clip (restoration success story) Shipley on Property Values ( beneficial effect of designations) Heritage Conference Reports (summary from information sessions) BYLAWS & POLICIES: Historic maps of the three townships HGH committee bylaw Pen sketches: Historic churches & schools Notes re municipal register Note: these same materials were provided to the clerk on Feb. 4 HERITAGE Grey Highlands Meeting Minutes: January 20, 2015 Page 3 Page 242 of 273 HGH Heritage Grey Highlands - Minutes of Meeting: February 17, 2015 Members Present: Nancy Matthews, Heather Sprott, Cathy Little, Mary Harrison, Ben Patey Members Absent: Matthew Gaasenbeek, Aakash Desai Guests: Rosanne Caruso Agenda Item: Discussion Points: Decisions re Actions: 1. Quorum 5 of 7 2. Approval of agenda As presented 3. Declaration of none pecuniary interest 4. Approve Minutes of Errors or Omissions: Accepted as previous meeting as Business arising: member summary distributed distributed reports re heritage documentation is HGH Documentation itemized (points 6-10) provided to clerk 5. Committee Advertisement for members will membership circulate in March Sitting members need to re-apply Heather uncertain re term 6. Places of Worship Strong policy that places of worship Motion Ben, Heather, (Nancy) be inventoried & protected to recommend an Many preservation tools & tips official council States that churches etc. are decision that in order landmarks & have cultural to comply with the significance to entire community (not Heritage act & just congregation members) provincial planning If a place of worship has been listed but not policies, owner designated, the Ontario Heritage Act does permission is not not require municipal consent for alterations. It is recommended, however, officially required to that owners of non-designated heritage “list” heritage places of worship included on a register churches or engage with the municipality when cemeteries (not considering an alteration. privately owned) to RE the motion, HGH would use tact municipal register – & diplomacy prior to simply listing approved unanimous 7. Heritage Landscapes This is a planning tool Journey to the Iceage (Cathy) City of Kitchener recently used this info re ancient Beaver tool to identify significant areas Valley Peter Storck Links attached to KW Waterloo has excellent definitions in their OP Catthy’s notes to be attached 8. Heritage Conservation Many cities (e.g. Ottawa) use HCD Report coming districts (Aakash) rather than pursuing sec. IV single property designations HERITAGE Grey Highlands Meeting Minutes: date Page 1 Page 243 of 273 9. Green restoration & Use of suitable products Well-preserved guide There is a construction book we (Ben) might consider purchasing 10. Criteria for register Systematic approach to research & Set up a new (Heather) evaluation of history & architecture methodology Assess trending of style or construction or craftsmanship Can be simply listed if not designated Research tools are listed New Business Item: Discussion Points: Decisions re Actions: 11. Heritage Act 40 yr See Link below Planning Magazine re anniversary heritage issues & information See excerpts 1,2,3 re municipal responsibility 12. Property Owner See excerpt 4 re court decision permission to list against municipal requirement for owner permission 13. Heritage trust List was circulated prior to meeting Committee will submit inventory of churches Suggest section for churches with correct information is incomplete thumbnail & address but no info page without permission 14. Revised inventory PDF pages for online register have Nancy has apt to see pages all been revised &/or updated Debbie on Friday 15. Heritage Conference Early-bird $245 pp cutoff March 15 Will book prior to Includes lunch vouchers + 1 dinner early-bird deadline Return mileage approx. 500 so approx. $250 expense claim Hotel costs TBA 16. Council Feb 4 Well-received 17. Probus presentation Lots of positive comments Need to get word out Feb 11 Museum hoping to partner again about availability 18. workshop Wed 25 Mar 6pm-10 Please let Nancy know by Mar 18 if you can attend Ben, Rosanne, Nancy 19. Roseanne Caruso Interested in joining committee Concentrate on tourism/heritage connection, tours etc. Announcements: Date for next meeting: defer date till membership renewal of committee Attachments: HERITAGE Grey Highlands Meeting Minutes: date Page 2 Page 244 of 273 Excerpts from the Jan/Feb issue of Planning Magazine http://ontarioplanners.ca/getattachment/0c485075-7062-49b3-a60e- 3a23bfb05965/Ontario-Planning-Journal-January-February-2015-Vol.aspx 1) identifying and protecting cultural heritage has not only been widely ignored but has been flagrantly violated since its inception. It would be hard to imagine a province passing legislation “enabling” municipalities to set speed limits, health standards on restaurants or pollution controls on dumping chemicals and then letting them fail to enforce any of those measures if they didn’t want to bother. How does this come about? The great flaw in the legislation designed to identify and protect the built culture is that municipalities are often both poacher and game-keeper, cop and robber, victim and bully. Municipalities are almost always the land use regulator and sometimes the actual owner of properties that they ought to be identifying and protecting for their heritage significance. 2) None of these actual or contemplated acts of destruction were meaningfully opposed by the province. If a city in Ontario failed to enforce speed limits, to inspect food service outlets and allowed toxic pollution, the responsible ministry would be all over them in a flash, levelling fines, closing premises and prosecuting offenders. Where, one asks, is the provincial Ministry of Culture when municipalities fail in their responsibility to identify and protect the common cultural heritage environment? 3) Two things are important now: one is that section 2.6.1 has been confirmed in the currently revised PPS, and two, compliance with the PPS is compulsory for any instruments issued under the Planning Act, arguably a stronger statute in the hierarchy of legislation. It seems that “shall be conserved”2 is here to stay. The Heritage Act now enables municipalities to do what they are required to do. The sticking point remains the poacher/gamekeeper factor. If a municipality recognizes a property, area or landscape as having heritage significance, property owners can appeal the decision to The Conservation Review Board and the Ontario Municipal Board. However, when a council either fails to designate a significant resource or makes a decision that is potentially counter to good heritage planning there is no appeal. 4) We might ask where the case law is on the question of municipal responsibility to identify and protect. As usual the OMB is all over the map, but at the time of going to press, the board had released another decision referring to municipal “heritage duties under the OHA and PPS.”3 One important case which went not to the board but to the court stands out. In the matter of Tremblay vs The Town of Lakeshore [2003]4 the Divisional Court heard from members of a Catholic parish who supported designation of their church in order to preserve it from destruction by their diocese. The town refused to designate without consent of the property owner, the diocese. The court ruled that while designating a “property under the Ontario Heritage Act is discretionary” by “requiring the consent of the owner as a precondition to designation, the town imposed a condition contrary to the intent of the act.” The court called the town’s actions “unreasonable” and said that “discretion must be exercised within the boundaries imposed in the statute, the principles of the rule of law… the fundamental values of the Canadian society, and the principles of the Charter.” That was before the 2005 and 2014 Provincial Policy Statement reiterating the requirement to conserve significant heritage resources. One can hope a similar court challenge today would elicit even clearer direction HERITAGE Grey Highlands Meeting Minutes: date Page 3 Page 245 of 273 Correspondence Report – 2015-05-20 – Committee of the Whole PG # NO. DESCRIPTION BACKGROUND/ACTION RECOMMENDATION 1 1 County of Grey Beaver Extension approved to May 10, Received for Valley Village Approval of 2018 Information Extension 5 Ministry of Community Cheque and copy of Received for Safety and Correctional correspondence provided to Information Services Funding for Finance R.I.D.E. Grant Program for 2014-2015 fiscal year 6 Ministry of Community Copy of correspondence Received for Safety and Correctional provided to Fire Chief Information Services Office of the Fire Marshall – Grey Highlands in compliance with OFMEM Vulnerable Occupancy Registry 8 Beaver Valley Ratepayers Received for Association Request for Information resolution of high water rates with KAT system 10 Ministry of Citizenship, Submission deadline is July 17, Received for Immigration and 2015. Information International Trade Call for Nominations for the Ontario Medal for Good Citizenship 11 Markdale Senior Citizens Invitation extended to the Response that Mayor Zone 9 District Invitation to Mayor, or his designate, to or Designate will speak at June 24, 2015 bring greetings to the Zone 9 attend and bring meeting at 9:00 a.m. District of the Senior Citizens greetings of Ontario meeting at Kinplex. Page 246 of 273 2%‘cg’f§¥yPlanning and Development 595 9"‘Avenue East, Owen Sound ON N4K 3E3 519-372-O219/ 1-800—567-GREY/ Fax 519-376-7970 April 28, 2015 M"‘”‘C'°°’”V0* Grev Highlands Andrew Pascuzzo D.C. Slade Consultants Inc. M;R 3Ums 243 Hurontario Street Collingwood, ON, L9Y 2M1 Re: Request for Draft Approval Extension — 3 yeaREeG§lVED File No.: 42T-2007-16 — Beaver Valley Village Dear Mr. Pascuzzo: Further to your correspondence, please be advised that at the April 21, 2015 Planning and Community Development Committee meeting, the Committee hereby approved your request for extension of draft approval for the above noted file for three (3) years to May 10, 2018 under Section 51(33) of the Planning Act, RSO, 1990 as amended. Correspondence from the Municipality of Grey Highlands dated March 24, 2015 which outlines support for the extension request is on file. Please advise the County well in advance of the new Iapsing date if a further extension is required. Draft approval can be extended upon receipt of the necessary documentation and fee. I trust you find this satisfactory. Should you have any questions, please do not hesitate to contact me. Yours truly : erzer, MCIP RPP Director of Planning & Development (519) 372-0219 &ext 1237 [email protected] www.grey.ca cc Ministry of Municipal Affairs and Housing V IN; Minlstof Evinmtd Imate Change, London Office Grey Sauble Conservation Authority County of Grey Transportation Services Department Niagara Escarpment Commission — Thornbury Office Martin Kiener Grey County: Colour It Your Way Page 247 of 273 Committee Report Report PDR-PCD-16-15 To: Chair Wright and Members of the Planning and Community Development Committee From: Randy Scherzer, Director of Planning Meeting Date: April 21, 2015 Subject: 42T-2007-16 (Beaver Valley Village) – Three Year Draft Approval Extension Request Status: Recommendation(s) WHEREAS draft plan approval was granted for Plan of Subdivision File 42T-2007- 16 by the County of Grey on May 10, 2012; AND WHEREAS a request has been received from the owner’s agent requesting a three year draft approval extension; AND WHEREAS the Municipality of Grey Highlands Council supports the request for an additional three year extension as noted in a letter from the Municipality dated March 24, 2015; NOW THEREFORE BE IT RESOLVED THAT the Planning and Community Development Committee receives Planning Report PDR-PCD-16-15; AND THAT the Planning and Community Development Committee hereby grants an extension of draft approval for Plan of Subdivision File 42T-20017-16 to May 10, 2018 under Section 51(33) of the Planning Act, RSO 1990, as amended. Background Plan of Subdivision File 42T-2007-16 (Beaver Valley Village) was originally draft approved on May 10, 2012. The current draft approved plan consists of 16 single detached residential lots (Lots 1 to Lots 16), 1 future development block (Block 17), and a public road allowance on 29.74 hectares of land. The draft approved subdivision is located on lands legally described as Part of Lots 1 and 2, Concession 6 (geographic Township of Euphrasia), Municipality of Grey Highlands (see Map 1 below). The subject lands are located west of the Beaver Valley Ski Club and are located on the PDR-PCD-16-15 1 April 21, 2015 Page 248 of 273 northeast corner of Grey Road 30 and the 7th line, on the north side of Bowles Bluff Road. Further information regarding the draft approved subdivision can be found in the following staff report: PDR-PCD-17-12 Beaver Valley Village Subdivision 42T-2007-16. Map 1: Beaver Valley Village Subject Lands The County has received a request from the Owner’s agent requesting an additional three year draft approval extension. In a letter dated March 24, 2015 from the Municipality of Grey Highlands, the Municipality indicates that Grey Highlands Council supports the request to extend draft approval for another 3 years to May 10, 2018. The standard period of time for extensions of draft approval is one year. The granting or supporting of one year extensions has been delegated to the Director of Planning. Extension requests beyond one year are required to be approved by the Planning and Community Development Committee. County staff typically recommends that extensions to draft approval only be for a one year period to ensure that the proponent is continuing to move forward with fulfilling the conditions and to allow local municipalities to have the option of not extending draft approval if the municipality is experiencing servicing capacity issues. The draft approved lots are to be serviced by private wells and septic systems and therefore there is no impact to the municipal servicing capacity. Based on the Municipality of Grey Highlands supporting the request for a three year extension, County staff recommends that a three (3) year draft approval extension be granted. PDR-PCD-16-15 2 April 21, 2015 Page 249 of 273 Financial / Staffing / Legal / Information Technology Considerations At this point there are no financial, staffing, legal or Information Technology considerations. The County has collected a fee for the extension of draft approval. Link to Strategic Goals / Priorities Action 2.10, under Goal 2 of the County’s Strategic Plan requires the continued management of growth and the application of sound land use planning principles. Permitting an extension to draft approval for a previously draft approved subdivision would be considered sound land use planning, given the specific circumstances. Respectfully submitted by, Randy Scherzer Director of Planning PDR-PCD-16-15 3 April 21, 2015 Page 250 of 273 ZF>P» Ontario Page 251 of 273 Ministry of Ministère de la Community Safety and Sécurité communautaire et Correctional Services des Services correctionnels Office of the Bureau du Fire Marshal and commissaire des incendies et Emergency Management de la gestion des situations d'urgence 2284 Nursery Road 2284, chemin Nursery Midhurst ON L0L 1X0 Midhurst ON L0L 1X0 Tel: 1-800-565-1842 Tél: 1-800-565-1842 Fax: (705) 725-7259 Téléc: (705) 725-7259 April 30, 2015 Mayor Paul McQueen Municipality of Grey Highlands P.O. Box 409, 206 Toronto St. S. Markdale, ON N0C 1H0 Sent via e-mail: [email protected] Dear Mayor in Council: The Office of the Fire Marshal and Emergency Management (OFMEM) previously sent letters to your Mayor in Council on February 12, 2014, June 17, 2014, and December 17, 2014 respectively informing your municipality of the legislative requirements pertaining to vulnerable occupancies. This letter is to inform you that your municipality has achieved compliance based on the information you have inputted into the OFMEM Vulnerable Occupancy Registry acknowledging that the following has occurred: 1. The annual mandatory fire drill required by O. Reg. 364/13 was approved and observed by your fire department in accordance with FM Directive 2014-002; 2. The fire safety inspection as required by O. Reg. 364/13 was conducted using the “Annual Inspection Checklist for Care Occupancies, Care and Treatment Occupancies and Retirement Homes” in accordance with FM Directive 2014-002; and 3. The required information detailed in O. Reg. 364/13 was inputted into the OFMEM Vulnerable Occupancy Registry in accordance with FM Directive 2014-001. Effective January 1, 2014, Ontario became the first province to enact a series of regulatory changes intended to improve fire safety in vulnerable occupancies. A number of regulatory changes were enacted that impose requirements on municipalities and Chief Fire Officials. I would like to outline what this means for municipalities like yours: Three years to complete mandatory training for all Chief Fire Officials responsible for approving facility fire safety plans (New deadline is January 1, 2017); Observation of annual fire drills based on approved scenario (New and in effect as of January 1, 2014; first fire drill to be completed by December 31, 2014); Annual fire safety inspections conducted by the Chief Fire Official, based on a standardized checklist (New and in effect as of January 1, 2014; first inspection to be completed by December 31, 2014); 1 Page 252 of 273 Registry of Vulnerable Occupancies (New and in effect as of January 1, 2014; entering information about facilities to be completed by December 31, 2014). Facility owners and operators are responsible in all municipalities to ensure their buildings are in full compliance with the changes to Ontario fire safety regulations. It is the responsibility of municipalities and Chief Fire Officials to ensure they are in full compliance with the new Regulations and Fire Marshal Directives. Directive 2014-001 - Registry of Vulnerable Occupancies, and Directive 2014-002 Vulnerable Occupancies – Fire Drill Scenarios, Fire Drill Observations, Fire Safety Inspections. The OFMEM has commenced a monitoring program as of January 01, 2015 to confirm and validate the status of compliance of municipalities and Chief Fire Officials with the new Regulations and Fire Marshal Directives. The OFMEM monitoring program has determined that as of December 16, 2014, your municipality has achieved annual compliance with the above-referenced Regulations and Fire Marshal Directives. If you have any questions regarding the monitoring process, they can be directed to me via email at [email protected] or by telephone at (705) 725-1825. We all have a continuous legislative responsibility to ensure the public fire safety of seniors and vulnerable Ontarians. Sincerely, Pierre Yelle Assistant Deputy Fire Marshal Field and Advisory Services c: Jim Jessop, Director, Field and Advisory Services / Deputy Fire Marshal, OFMEM Al Suleman, Director, Prevention and Risk Management, OFMEM Debbie Robertson, Clerk, Sent via e-mail: [email protected] 2 Page 253 of 273 April 27, 2015 Paul McQueen, Mayor Municipality of Grey Highlands 201 Toronto Street Markdale, N0C1H0 Dear Paul As Council prepares for setting priorities following the budget deliberations, I am writing to request that one of the top concerns should be dealing with water rates associated with the KAT system serving Kimberley in the Beaver Valley. Council demonstrated their commitment to the process by freezing water rates this year. I hope that the time for more studies or another consulting report is past and that action to reduce the excessive costs for residents who never asked for this system will be swift. The Public Utilities Task Force reported last June just prior to the election leaving very little time for their solutions to be explored. Something that caught the public interest was the idea of shutting down the existing treatment plant and replacing it with a modular system (water treatment in a “box”) that could be augmented should there be new users in the future. Perhaps sending out an RFP to companies who are in that business would make the most sense and get you more information at no cost. The Municipality sets the parameters and the company suggests the solution to attach to the existing supply route and provide costs for that and the annual upkeep. Culligan was mentioned in the Task Force Report and I understand that GE, Trojan, Samco, BI Pure Water, Napier Reid and Eco, to name a few, offer similar solutions that likely have MOE approvals in place for their systems which should reduce design waiting times. Perhaps the money which has been set aside in reserve funds for the required refurbishing of the KAT treat plant could be used to assist with a new system. Whether it’s looking at a new financial model, harmonizing water rates over the 3 treatment plants (probably not practical) or replacing the facility with something less expensive, a solution needs to be found soon. As a primary user, I suspect that the Talisman Mountain Springs Inn group will be interested in a resolution to the high water rates as they prepare to open their new refurbished facility and look for a return on their investment. From conversations with Councillors and the CAO, I appreciate the determination of this Council to deal effectively with this issue in a timely manner. We look forward to a resolution that meets the needs of the residents and the Municipality. Regards Brian McCulloch, President Beaver Valley Ratepayers Association cc. Debbie Robertson, Council and Legislative Services Page 254 of 273 May 5, 2015 Paul McQueen, Mayor Municipality of Grey Highlands 201 Toronto Street Markdale, Ontario, N0C1H0 Dear Mr. Mayor: We understand that Council will be meeting shortly to set priorities for the coming year. We are writing to request that the issue of extremely high costs for users of the KAT water system be dealt with as a priority. The high cost of water has been an issue for Kimberley residents since the Municipality decided over 15 years ago to replace the system serving Amik residents and the Talisman resort, with the present oversized system, which would also serve residents of Kimberley village. Users were assessed for costs of the new system, which now has the distinction of producing some of the costliest water in Ontario. The most recent review of this unfortunate situation by the Public Utilities Task Force in 2014, identified a promising, cost effective solution involving replacement of the present system with a modular system, which can be adapted to the size of the community it serves. There are apparently a number of suppliers of such systems who could be requested to submit proposals , at no cost to the Municipality, which could clarify whether a modular system will in fact provide an acceptable solution. In our view, the time for further study on this issue is long past. We expect Council to take action on a timely basis, whether by replacement with a modular system if feasible, or by any another approach that would offer relief to KAT water users. Yours truly Kimberley Community Association by “Wendy Macdonald” President Copy to : Debbie Robertson, Council and Legislative Services Page 255 of 273 Page 256 of 273 Page 257 of 273 Page 258 of 273 Page 259 of 273 Page 260 of 273 Page 261 of 273 Page 262 of 273 Page 263 of 273 Page 264 of 273 Page 265 of 273 Page 266 of 273 THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER 2015-XX BEING a By-law to amend the Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004-50; WHEREAS the Council of the Corporation of the Municipality of Grey Highlands deems it in the public interest to pass a By-law to amend By-law No. 2004-50. AND WHEREAS pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended, By-laws may be amended by Councils of Municipalities; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS ENACTS AS FOLLOWS: 1. By-law No. 2004-50 is hereby amended by affecting the lands described as Lot 189 and 190, Concession 1 ETSR in the former Township of Artemesia, as shown on Schedule “A” attached hereto. 2. Schedule “A-8” of By-law No. 2004-50 is hereby amended by changing the zone on the subject property from Agricultural (A1), Rural (RU), Rural Residential (RUR), Hazard (H) and Rural Commercial (C4-76) to Agriculture (A1-246), Rural (RU), Rural Residential (RUR-244), Hazard (H) and Rural Commercial (C4) as shown on Schedule A attached hereto. Exception No. 76 permitted a “Motor Vehicle Sales Establishment” and a “Motor Vehicle and Small Engine Repair Shop.” This amendment would remove the permissions for these additional uses. 5. Schedule “A” and all other notations thereon are hereby declared to form part of this By-law. 6. This By-law shall come into force and take effect upon being passed by Council subject to any approval necessary pursuant to the Planning Act, R.S.O. 1990, as amended. ENACTED AND PASSED: The Corporation of the Municipality of Grey Highlands ______Paul McQueen - Mayor ______Debbie Robertson –Municipal Clerk Z08.2015 Schieda Page 267 of 273 Planning and Development 595 gth Avenue East, Owen Sound Ontario N4K 3E3 51 9-37 2-0219 / 1 -800-567-GREY / Fax: 519-37 6-797 0 May 8, 2015 Ms. Debbie Robeftson, Clerk Municipality of Grey Highlands 206 Toronto Street South, Unit #1, P.O. Box 409 Markdale, Ontario NOC 1H0 Re: Zoning By-law Amendment Application Z:Ogl2O15 28O4O1 Road 190 Lot 189 and Part Lot 190, Concession 1 ETSR Municipality of Grey Highlands (geographic Township of Artemesia) Owners: Angelina and Rocco Schieda Applicant: lon Martin Agent: lsrael Bowman Dear Ms. Robertson This correspondence is in response to the above noted application. We have had an opportunity to review this application in relation to the Provincial Policy Statement (pPS) and the County of Grey Official Plan (OP). We offer the following comments. The purpose of the subject application is to amend the Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004-50 to rezone a portion of the subject lands to delete the existing Exception No. 76 which permitted a 'Motor Vehicle Sales Establishment' and a 'Motor Vehicle and Small Engine Repair Shop'. The amendment would remove the permissions for these additional uses. The effect of the zoning by-law amendment would be to change the zone symbol on Schedule'A-8'from Agriculture (A1-246), Rural (RU), Hazard (H) and Rural Commercial (C4-76)to Agriculture (41 -246), Rural (RU), Hazard (H) and Rural Commercial (Ca). Schedule A of the OP designates the subject lands as 'Agricultural'. Section 2.1.2(1) ot the OP states, The Agricultural designation on Schedule A shall mean that the predominant use of the lands shall be for agriculture and uses connected with the conservation of water, soil, wildlife and other natural resources. The uses permitted include alltypes and sizes of agricultural uses, the related buildings and structures, market gardening, nurseries, small scale Grey County: Colour lt Your WaY Page 268 of 273 Page2 May 8, 2015 secondary uses, agriculture-related uses, forestry and reforestation, and/or gravel operations proposed within Aggregate Resources Areas identified on Schedule B, licensed aggregate operations identified as Mineral Resource Extraction on Schedule B, and wayside pits and quarries in accordance with Section 2.7 .2 of this Plan. The subject application conforms to the above policy. Schedule A also designates the subject lands as 'Rural'. Section 2.3.2(1) of the OP states, The Rural designation on Schedule A shall mean that the predominant use of the lands shall be for agriculture and forestry and uses connected with the conservation of water, soil, wildlife and other natural resources, ln addition to the uses permitted under Section 2.1.2(1) of this Plan, other uses also permitted within the Rural designation shall include low-density non-farm residential, garden suites, small scale commercial and industrial uSeS, institutional and resource based recreational uses, sand and/or gravel operations proposed within Aggregate Resource Ares identified on Schedule B, licensed aggregate operations identified as Mineral Resource Extraction on Schedule B, and wayside pits and quarries in accordance with Section 2.7.2 of this Plan. The subject application conforms to the above policy. Schedule A fufther designates the subject lands as'Hazard Lands'. Section 2.8.2@) of the OP states, ln the Hazard Lands designation buildings and structures are generally not permitted. No new development is proposed through this application. The subject application conforms to the above policy. Appendix B of the OP indicates that the subject lands contain 'Significant Woodlands' Section 2.8.4(1) of the OP states, No development or site alteration may occur within Significant Woodlands or their adjacent lands unless it has been demonstrated through an Environmental lmpact Study, as per section 2.8.7 of this Plan, that there will be no negative impacts on the natural features or their ecological functions. County: Colour lt Your Way Grey Page 269 of 273 Page 3 May 8, 2015 Appendix B also indicates that the subject lands contain two 'other identified wetlands'. Section 2.8.6(6) of the OP states, No development or site alterations are permitted within other identified wetlands, shown on Appendix B, unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. No development is proposed within the significant woodlands, the wetlands, or either of their adjacent lands. The subject lands abut Highway 10, which is a Provincial Highway. Section 5.2.2(6Xf) of the OP states, Any applications for consent for severance, change of zoning, plan of subdivision, minor variance and/or development agreement for land abutting a Provincial Highway or County road shall be referred to the appropriate approval authority prior to approval in order to determine if the use, siting, and/or right-of-way width are adequate and meet the provisions of this Plan. Comments should be received from Ministry of Transpodation staff. County planning staff have no concerns with the subject application. The County requests notice of any decision rendered with respect to this file. lf you wish to discuss this matter fufther, please do not hesitate to contact me. Yours truly, Buitenhuis, B. E.S Planner (519) 372-0219 ext. 1233 alisha. [email protected] www.orev.ca cc. Ms. Amber Tabor (by email only) Grey County: Colour lt Your Way Page 270 of 273 Page 271 of 273 Page 272 of 273 Page 273 of 273