the corporation of the town of midland meeting of council

THE CORPORATION OF THE TOWN OF MIDLAND MEETING OF COUNCIL – MONDAY, OCTOBER 24, 2016 6:30 P.M. Hearing Devices Available COUNCIL CHAMBERS Please Ask For Assistance ______________________ AGENDA 1.

CALL TO ORDER

2.

DECLARATIONS OF PECUNIARY INTEREST

3.

CLOSED SESSION a)

Motion to move into closed session i)

Closed Session Item a)

ii) 4.

Motion to rise to open session

OPEN SESSION – 7:00 P.M. i)

5.

Appointment to Youth Committee Confidential Report dated October 20, 2016, from Deputy Clerk.

Motions arising from closed session discussions

CONSENT AGENDA Adoption of recommendations as set out on the Consent Agenda for the Regular Meeting of Council held on October 24, 2016. (motion)

6.

DEPUTATIONS a)

The Guesthouse Shelter - Development and Next Steps Mr. R. Sykes, CEO, on behalf of the North Simcoe Housing Working Group, to address Council regarding the above.

b)

Redevelopment of the Villa Care Centre Ms. J. King, CEO, Jarlette Health Services, to address Council regarding the above.

c)

7.

Deputation - Jarlette

BIA Request for Transit Service in Conjunction with First Light Mr. S. Campbell, Chair, Business Improvement Area, to address Council regarding the above.

PUBLIC MEETING a)

Sale of Lands being part of Block ‘B’ on Registered Plan 1158, more particularly described as parts 1, 2 and 3 on 51R-40459.

Public Meeting - Sale of Lands

-28.

ACCOUNTS a)

9.

General Accounts For the month of September 2016. (motion)

Accounts Sept 2016

CORRESPONDENCE To be referred to the Vice-Chair of Administration Matters – Councillor S. Strathearn a)

b)

10.

CL-2016-35 Volunteerism Report dated September 21, 2016, from K. Desroches, Deputy Clerk and N. Major, Manager of Culture, Tourism and Special Events. CIP Item from October 7, 2016, Package, pulled as Councillor J. Main wishes to speak to this item. Solar Support Resolutions FIT 5.0.1 Email dated October 6, 2016, from Mr. A. Fitzgerald, Project Manager, Moose Power, requesting a blanket resolution relating to Solar Generation Projects under the FIT Program. (motion)

CIP Item re. Volunteerism

Solar Support FIT

REPORTS To be referred to the Chair of General Committee of Council – Deputy Mayor Ross a)

General Committee Report 2016-8 of its meeting held October 11, 2016 (motions)

GC 2016-8

To be referred to the Chair of Planning Matters – Councillor G. Canning b)

Planning and Development Committee Report 2016-9 Meeting held October 5, 2016. (motions)

PDCC 2016-9

To be referred to the Chair of Administrative Matters – Councillor Jack Contin c)

d)

e)

CL-2016-39 Ontario Transfer Payment – Amending Agreement Report dated October 13, 2016, from K. Desroches, Deputy Clerk, recommending that Council confirm its acceptance of additional provincial funding to cover the shortfall in fundraising efforts associated with the 2016 Ontario 55+ Summer Games, and enact the appropriate by-law to authorize the Clerk and Mayor to execute the amending agreement. (By-law 2016-76) CL-2016-42 Southern Georgian Bay Farmers’ Markets – Indoor/Outdoor Farmers Markets Report dated October 19, 2016, from K. Desroches, Deputy Clerk, recommending that Council approve the agreement regarding the continuation of the Indoor and Outdoor Farmers Markets and enact the supporting by-law. (By-law 2016-80) MPUC Transaction Team Appointment (2) CAO to provide a verbal report regarding the above.

CL-2016-39

CL-2016-42

-3f) 11.

Midland Harbour By-law MLEO Reichheld to provide a verbal report regarding the above.

2016-74

CONSENT BY-LAW 1.

2.

3.

4.

5. 6.

7.

8.

9.

By-law 2016-70 A by-law to authorize certain new capital works of the Corporation of the Town of Midland (the “municipality”); to authorize the submission of an application to Ontario Infrastructure and Lands Corporation (“OILC”) for financing such capital works; to authorize temporary borrowing from OILC to meet expenditures in connection with such works; and to authorize long term borrowing for such works through the issue of debentures to OILC. By-law 2016-71 A by-law to authorize the Town to enter into an Easement Agreement with 1646551 Ontario Incorporated to accommodate a Storm Drainage Overflow Channel. By-law 2016-72 A by-law to retroactively establish the Midland Public Library and the Midland Public Library Board. By-law 2016-73 A by-law to prohibit the throwing, placing, depositing or otherwise leaving refuse, debris and other items on private property and the property of the Corporation of the Town of Midland without authority from the owner or occupant of such property and to prohibit and regulate public nuisances and to repeal By-law 2015-73. By-law 2016-74 A by-law to govern and regulate the operation and use of Midland Harbour. By-law 2016-75 A by-law to provide for the entering into of an Agreement with Sitecom Services Limited for the construction of a Communications Tower at 53 Wilson Road. By-law 2016-76 A by-law to amend By-law 2015-62 being a by-law to authorize the entering into of an Ontario Transfer Payment Agreement with Her Majesty the Queen as represented by the Minister of Tourism, Culture and Sport. By-law 2016-77 A by-law to authorize the sale of a portion of lands being Part of Block ‘B’ on Registered Plan 1158, more particularly described as Parts 1 and 2 on 51R40459. By-law 2016-78 A by-law to authorize the sale of a portion of lands being Part of Block ‘B’ on Registered Plan 1158, more particularly described as Part 3 on 51R-40459.

2016-70

2016-71

2016-72

2016-73

2016-74

2016-75

2016-76

2016-77

2016-78

-410.

11.

12.

13.

By-law 2016-80 A by-law to authorize the entering into of an agreement between the Corporation of the Town of Midland and Southern Georgian Bay Farmers’ Markets to provide for an Indoor and Outdoor Farmers Market for 2016-17.

2016-79

2016-80

GENERAL BUSINESS 1)

Notices of Motion

2)

Other Business Introduced by Members of Council or Staff

CONFIRMATORY BY-LAW 1)

14.

By-law 2016-79 A by-law to amend By-law 2010-28 being a by-law to license and regulate Auctioneers, Hawkers and Peddlers, Farmers’ Markets and Refreshment Vehicles within the Town of Midland.

By-law 2016-81 A by-law to adopt the proceedings of the Council Meeting held on October 24, 2016, and to authorize its execution.

ADJOURNMENT -------------

2016-81

THE CORPORATION OF THE TOWN OF MIDLAND CONSENT AGENDA MONDAY, OCTOBER 24, 2016 1.

Meeting Minutes a)

Regular Meeting of Council with Closed Session held on September 26, 2016 Recommendation: “That the Minutes of the Regular Meeting of Council with Closed Session held on September 26, 2016, be adopted as printed and circulated.”

b)

Special Meeting of Council with Closed Session held October 5, 2016 Recommendation: “That the Minutes of the Special Meeting of Council with Closed Session held on October 5, 2016, be adopted as printed and circulated.”

c)

Special Council with Closed Oct 11


2.



d)

Regular Council Sept 26


Council Information Packages a)

September 19 to September 23

b)

September 26 to September 30

c)

October 3 to October 7

CIP Sept 19-23

CIP Sept 26-30

CIP Oct 3-7

d)

October 11 to October 14 CIP Oct 11-14

Recommendation: Received as information. 3.

General Items for Information a)

Tree Seedling Distribution Project – Request to Consider Municipal Participation In 2017 Letter dated September 23, 2016, from Ms. M. Hudolin, Wetlands and Habitat Biologist, Severn Sound Environmental Association, requesting the Town’s participation in the above project. Recommendation: Participation confirmed for 2017

Tree Seedling Project

THE CORPORATION OF THE TOWN OF MIDLAND

575 Dominion Avenue Midland, ON L4R 1R2 Phone: 705‐526‐4275 Fax: 705‐526‐9971 [email protected]

Minutes of the Regular Meeting of Council with Closed Session held on Monday, September 26, 2016 at 6:00 p.m. in the Municipal Office Council Chambers. Present:

Mayor McKay Deputy Mayor Ross, Councillors G. MacDonald, J. Main, P. File, J. Contin, G. Canning, and S. Strathearn

Regrets:

Councillor C. Oschefski

Also Present:

Chief Administrative Officer J. Skorobohacz Director of Corporate Services/Clerk/Deputy CAO, A. Fay Director of Operations, S. Berriault Director of Finance/Treasurer, S. Turnball Director of Human Resources/Health and Safety, G. Green* Deputy Clerk, K. Desroches

*Departed upon conclusion of discussion on Item 3a)i)a). 1.

CALL TO ORDER Mayor McKay called the meeting to order at 6:00 p.m. The Mayor then asked the Clerk to provide information regarding notice of the meeting. The Clerk advised that the meeting agenda was posted on the Town’s website in advance of the meeting in accordance with the Town’s Procedural Bylaw. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. There were no concerns brought forward.

2.

DECLARATIONS OF PECUNIARY INTEREST No declarations were made.

3.

CLOSED SESSION a)

Motion to move into closed session Moved by S. Strathearn Seconded by J. Main That Council move into closed session; And further that this portion of the meeting be closed to the public pursuant to section 239 of the Municipal Act, 2001, as indicated;



Subsection 2 (b) Personal matters about an identifiable individual Subject matter - Youth Committee Appointments



Subsection 2 (d) Labour Relations or Employee Negotiations

Subject matter - OPSEU Negotiations Update CARRIED. i)

Closed Session Item a)

Ontario Public Services Employees Union (OPSEU) Negotiations Update Council reviewed Confidential Staff Report HR/HS 2016-09 dated September 22, 2016, from G. Green, Director of Human Resources/Health and Safety, providing an update on the progress of OPSEU negotiations. The Director provided clarification regarding potential options respecting the bargaining process in response to questions raised by members of Council. Council directed staff to prepare the appropriate motion for consideration upon conclusion of this closed meeting session.

b)

Midland Youth Committee Appointments Council reviewed Confidential Staff Report CL-2016-33 dated September 22, 2016, from the Deputy Clerk, together with applications submitted for consideration for appointment to the Midland Youth Committee. Following discussion, Council directed staff to prepare the appropriate motion for consideration upon conclusion of this closed meeting session.

ii)

Motion to rise to open session Moved by S. Strathearn Seconded by J. Main That this Closed Meeting of Council be adjourned at 6:18 p.m. and that Council now rise and report to open session. CARRIED.

Regular Council with Closed Session

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September 26, 2016

4.

OPEN SESSION – 7:00 P.M.

Now Present:

Mayor McKay Deputy Mayor Ross, Councillors, G. MacDonald, J. Main, P. File, J. Contin, G. Canning and S. Strathearn

Regrets:

Councillor C. Oschefski

Also Present:

Chief Administrative Officer, J. Skorobohacz Director of Corporate Services/Clerk/Deputy CAO, A. Fay Director of Finance/Treasurer, S. Turnball Town Engineer, J. Galloway Director of Planning and Building Services, W. Crown Marketing and Communications Coordinator, S. Cooper Municipal Law Enforcement Officer, J. Reichheld Deputy Clerk, K. Desroches

Mayor McKay spoke to the recent passing of Nancy Keefe who served the Town of Midland for many years in various capacities as Deputy Mayor, Reeve, Deputy Reeve and Councillor. Mayor McKay asked everyone to keep Mrs. Keefe’s family in their thoughts. 5.

MOMENT OF SILENT REFLECTION

6.

DECLARATIONS OF PECUNIARY INTEREST Deputy Mayor Ross expressed his apologies for not declaring a pecuniary interest at a previous meeting where there was a tag day request related to the Images Dance Company of which his sister is the owner. There were no further declarations made. i)

Motions arising from closed session discussions a)

OPSEU Negotiations Update Moved by M. Ross Seconded by J. Contin That, further to Report HR/HS 2016-09 OPSEU Bargaining Update and related discussion during the Closed Meeting session held September 26, 2016, Council herein confirms its direction to staff on how to proceed regarding the OPSEU negotiations. CARRIED.


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September 26, 2016

b)

Midland Youth Committee Appointments Moved by M. Ross Seconded by J. Contin That, further to Report CL-2016-33 dated September 22, 2016, and related discussions that occurred at the Closed Meeting session held September 26, 2016, Council herein confirms the appointment of Abigale Goneau, Curtis Bernard and Paw Roe Shee to the Midland Youth Committee. CARRIED.

7.

CONSENT AGENDA Moved by J. Contin Seconded by G. Canning That Council adopt the recommendations as set out on the Consent Agenda for the Regular Meeting of Council held September 26, 2016. CARRIED.

8.

DEPUTATIONS a)

Economic Development Corporation Ms. S. Vegh Economic Development Officer, and K. Eldson Befort, Board Member, Economic Development Corporation of North Simcoe (EDCNS), thanked the Town for its continued support and provided a PowerPoint presentation highlighting the EDCNS’ Driving Investment and Attraction Plan, the organization’s successes to date and goals for the future, and providing an overview of the Board of Directors and its various initiatives.

b)

Huronia Airport Mr. R. Ellis, Board of Directors, provided a PowerPoint presentation highlighting the success of the Huronia Airport, its growth and development, economic impact, revenue sources, recent and upcoming events and capital projects planned for the next 5 years.

c)

Buttertart Festival Ms. A. Bird, Manager, Midland Buttertart Festival, provided a Powerpoint presentation highlighting the success of this year’s Buttertart Festival and Butter Tart Trot, the marketing strategy used to promote the event, related costs and revenue generated, the results of a survey undertaken during the event, and providing a preliminary overview of plans for next year’s event.


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September 26, 2016

d)

Sustainable Severn Sound (SSS) Ms. T. Roxborough, Sustainability Coordinator, Sustainable Severn Sound, provided a PowerPoint presentation highlighting the organization’s Sustainability Action Plan for 2016-2018, sustainability framework, municipal survey results, website initiative, and sustainability report card. Ms. Roxborough noted that the SSS will be presenting its annual SSS Municipal Sustainability Leadership Award at an event being held November 29, 2016, and encouraged the nomination of a deserving municipal staff and Council member in recognition of their efforts in championing sustainability.

8.

ACCOUNTS a)

General Accounts Moved by J. Contin Seconded by G. Canning That the accounts for the month of August 2016, totalling $1,919,339.93 be approved and confirmed as paid. CARRIED.

9.

CORRESPONDENCE a)

Annual Cross-Country Running Meet – Elementary Schools Council reviewed a letter dated September 13, 2016, from Ms. J. McLaren, Area Convenor, North Simcoe Cross-Country Running Meet, following which it was then, Moved by S. Strathearn Seconded by G. MacDonald That, further to letter dated September 13, 2016, from Ms. J. McLaren, Area Convenor, North Simcoe Cross-Country Running Meet, permission be granted in principal, to conduct their annual cross country run on October 12, 2016, at Little Lake Park; and further that Little Lake Park Road be closed to local traffic from 7:30 a.m. and 3:30 p.m, and that the washrooms beside the Little Lake Galley Restaurant remain open; subject to staff approval of the related Special Events Application. CARRIED.

b)

Letters of Resignation – Committee of Adjustment i)

Council reviewed an email dated September 5, 2016, from Mr. T. Gibbons, advising of his resignation, following which it was then,


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September 26, 2016

Moved by S. Strathearn Seconded by G. MacDonald That Mr. Terry Gibbons’ resignation from the Committee of Adjustment be accepted with thanks and appreciation for his contributions. CARRIED. ii)

Council reviewed a letter of resignation dated September 4, 2016, from Mr. A. Philips, following which it was then, Moved by S. Strathearn Seconded by G. MacDonald That Mr. Andrew Philips’ resignation from the Committee of Adjustment be accepted with thanks and appreciation for his contributions. CARRIED.

iii)

Letter of Resignation – Midland Active Transportation Advisory Committee Council reviewed an email dated September 15, 2016, from Mr. S. Campbell, advising of his resignation, following which it was then, Moved by S. Strathearn Seconded by G. MacDonald That Mr. Scott Campbell’s resignation from the Midland Active Transportation Advisory Committee be accepted with thanks and appreciation for his contributions. CARRIED.

d)

Request to Rename Street Council reviewed a letter dated September 12, 2016, from Ms. P. Maitland, requesting that Jordelli Lane or Stollar Place be renamed Ellison Place in honour of her grandfather, Harvey Ellison, following which it was then, Moved by M. Ross Seconded by P. File That, further to letter dated September 12, 2016, from Ms. P. Maitland, staff be directed to investigate possible options respecting the renaming of Jordelli Lane or Stollar Place as Ellison Place in honour of Harvey Ellison. CARRIED.


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September 26, 2016

e)

Community Walk Council reviewed an email dated September 23, 2016, from Ms. R. Scruton, CSC Chigamik CHC, Physiotherapist, following which it was then, Moved by S. Strathearn Seconded by G. MacDonald That, further to letter dated September 23, 2016, from Ms. R. Scruton, Physiotherapist, Chigamik Community Health Centre, permission be granted in principal, to conduct a Community Walk on September 28, 2016, from 11:00 am to 12:00 pm, at the Midland Town Dock as part of the Community Health and Wellness week; subject to staff approval of the related Special Events Application. CARRIED.

f)

Annual Cross-Country Running Meeting – High Schools Council reviewed a letter dated September 26, 2016, from Mr. R. Dalziel, Meet Convenor, North Simcoe Cross-Country Running Meet, following which it was then, Moved by S. Strathearn Seconded by G. MacDonald That, further to letter dated September 26, 2016, from Mr. R. Dalziel, Meet Convenor, North Simcoe Cross-Country Running Meet, permission be granted in principal, to conduct their annual cross country run on October 13, 2016, at Little Lake Park; And further that Little Lake Park Road be closed to local traffic from 7:30 a.m. and 4:30 p.m., and that the washrooms beside the Little Lake Galley Restaurant remain open; subject to staff approval of the related Special Events Application. CARRIED.

11.

REPORTS a)

General Committee Report 2016-7 of its meeting held September 12, 2016 1)

ENG-2016-23 Javelin Retaining Wall – Construction Contract (Reference Section A, Item #3, of the above Report) Moved by P. File Seconded by J. Main That, further to Report ENG-2016-23 dated September 12, 2016, the tender from Bermingham Foundation


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September 26, 2016

Solutions Limited to construct a new retaining wall at the entry road to the Javelin Co-op in the amount of $534,846 exclusive of HST, be accepted. CARRIED. 2)

ML-2016-10 Dog Control By-Law (Reference Section B, Item #1, of the above Report) Moved by P. File Seconded by J. Main That, further to Report ML-2016-10 dated September 6, 2016, staff be directed to bring forward a by-law to amend 2009-18 to the September Council meeting for consideration. CARRIED.

3)

CL-2016-30 Huronia Museum Lease Review (Reference Section B, Item #3, of the above Report Moved by J. Contin Seconded by G. Canning That, further to Report CL-2016-30 dated September 1, 2016, staff be directed to forward the draft Lease and Partnership Agreement to the Huronia Museum Board for their review and approval; and further, provided both Agreements are approved by the Huronia Museum Board, said agreements shall be brought forward to a future Council meeting for formal approval. CARRIED.

4)

39th Annual Santa Claus Parade Reference Section B, Item #6, of the above Report) Moved by J. Contin Seconded by G. Canning That, further to letter dated August 28, 2016, from Mr. J. Veals, 2016 Santa Claus Parade Chairperson, permission be granted, in principle, to the Midland Civitan Club Inc. to conduct the 39th Annual Santa Claus Parade on November 26, 2016, at 11:00 am; And further that, no more than two hours before the parade, King Street be closed from Yonge Street to Bay Street to traffic and parking, before and during the parade, subject to staff approval of the related Special Events Application. CARRIED.


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September 26, 2016

Moved by G. MacDonald Seconded by J. Main That General Committee Report 2016-7 of its meeting held September 12, 2016, be adopted as printed and circulated. CARRIED. b)

OP-2016-C13 Watermain Construction – Various Locations Tender Results Hannah/College from Queen to Yonge, Fourth from Hugel to Dominion, William from Bay to Frank Council reviewed a report dated September 21, 2016, from S. Berriault, Director of Operations, recommending that the tender bids from CC Underground for the construction of the above new watermains be accepted. (See By-laws 2016-62, 2016-63, 2016-64)

c)

Planning and Development Committee Report 2016-8 Meeting held September 7, 2016. Moved by G. Canning Seconded by J. Contin That Report 2016-8 of the Planning and Development Committee of Council Meeting held September 7, 2016, be adopted as printed and circulated. CARRIED.

d)

PL-2016-54 Proposed Heritage Designation of 310 Fifth Street Council reviewed a report dated September 14, 2016, from J. Lewis, Senior Planner, following which it was then, Moved by G. Canning Seconded by J. Contin That, as recommended in Report PL-2016-54 dated September 14, 2016, Council supports the consideration of 310 Fifth Street for designation pursuant to Section 29 of the Ontario Heritage Act and directs Staff to finalize the Draft Designation By-law and commence the “Notice of Intention to Designate” process as provided under the Ontario Heritage Act. CARRIED.

e)

PL-2016-57 Official Plan Review – Non-Application Based Requests for Re-Designation Council reviewed a report dated September 23, 2016, from W. Crown, Director of Planning and Building Services, following which it was then,


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September 26, 2016

Moved by G. Canning Seconded by J. Contin That, as recommended in Report PL-2016-57 dated September 23, 2016, Council hereby approves the process for the consideration of non-application based requests for redesignation as set out in the Memorandum dated August 2, 2016 from the Planning Partnership. A recorded vote was requested. AYE X X X X

Stewart Strathearn Jack Contin Glen Canning Deputy Mayor Mike Ross Patricia File George MacDonald Jonathan Main Mayor Gordon McKay CARRIED. f)

NAY

X X X X

Operating “All Terrain Vehicles” within the Town of Midland Council reviewed a report dated August 11, 2016, from M. Osborne, Police Chief, recommending that the Town not amend its by-law to permit the operation of ATVs on municipal roadways within the Town of Midland. In response to a question raised by Deputy Mayor Ross, the Clerk advised that the report was prepared based on Council’s direction at the July Council meeting, in response to an email from a resident requesting that ATVs be permitted on municipal roadways. Your Committee expressed support of the Police Chief’s position respecting the matter and directed staff to provide a letter of response to the resident advising of same.

g)

ML-2016-13 168 William Street Council received as information a report dated September 20, 2016, from J. Reichheld, MLEO, in response to a resident’s concerns regarding the condition of the structure at 168 William Street.

h)

ML-2016-14 228 Chaingate Drive Council received as information a report dated September 20, 2016, from J. Reichheld, MLEO, in response to concerns raised by a resident regarding the condition of the property at 228 Chaingate Drive.


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September 26, 2016

i)

ML-2016-15 748 Maxwell Avenue Council received as information a report dated September 20, 2016, from J. Reichheld, MLEO, highlighting efforts being undertaken to alleviate ongoing concerns raised by residents regarding littering, smoking, and damage caused by a local high school.

j)

Silver Goose Cyclocross Bicycle Race Event – Date Change Clerk Fay advised that the letter of request supported by Council at its August Council meeting stated that the Silver Goose Cyclocross Bicycle Race Event was to be held on November 6, 2016 when, in fact, the actual event date is November 13, 2016. As a result, a new motion has been prepared to reflect the correct event date. It was then, Moved by G. Canning Seconded by J. Contin That, further to letter dated August 10, 2016, Council approve, in principle, the request from the Silver Goose Cyclocross Race Committee, to hold a Cyclocross event at Little Lake Park on November 13, 2016; And further that Little Lake Park Road be closed for the duration of the day, as the road is part of the race course; subject to staff approval of the related Special Events Application. CARRIED.

k)

Workplace Harassment Policy By-law Clerk Fay advised that, with the Town’s establishment of a Violence and Harassment Free Workplace Policy, in accordance with legislative requirements under the Occupational Health & Safety Act, By-law 98-38, which established a Workplace Harassment Policy, is no longer required. As a result, a by-law to repeal By-law 98-38 has been prepared for Council’s consideration. (See By-law 2016-67)

l)

Huronia Museum Lease and Partnership Agreement Clerk Fay advised that, based on Council’s direction, the draft Lease Agreement and Partnership Agreement were presented to the Huronia Museum Board for review. The Board has confirmed its approval of the agreements. The Clerk noted that Item 7b) of the Partnership Agreement has been amended for clarity purposes based on feedback from the Town’s Director of Finance/Treasurer. (See By-law 2016-66)


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September 26, 2016

m)

OMB Appeal Update - Zoning By-law 2016-29 Clerk Fay advised that confirmation has been received advising that the appeals filed by three individuals relating to By-law 2016-29 have been withdrawn. As a result, the Town is awaiting confirmation that the related hearing has been cancelled. Clerk Fay noted that the County is reviewing Official Plan Amendment No. 9, and staff, through the Town’s Solicitor, requested a copy of any correspondence the County has received regarding same. To this end, a letter (on desk) from the Ministry of Municipal Affairs (MMA) was received and references the fact that the MMA would like to see the limitations on the age of the primary dwelling removed from the Official Plan Amendment and Zoning By-law Amendment. Consequently, the Town’s Solicitor has asked that Council approve his attendance as a deputation to the Committee of the Whole or permit him to submit his comments in writing explaining Midland Council’s reason for its decision. Council recommended the our Solicitor provide his comments in writing for consideration by County Council.

n)

CL-2016-31 Renewal of Joint Use Agreement with the Simcoe County District School Board Council reviewed a report dated September 7, 2016, from K. Desroches, Deputy Clerk, recommending that Council endorse the continuation of the Joint Use Agreement between the Town of Midland and the Simcoe County District School Board and enact the appropriate by-law and authorize the Clerk and Mayor to execute the agreement. (See By-law 2016-65)

o)

CAO-2016-7 Retaining Services of Mark Rodger – Supplementary Report Council reviewed a report dated September 13, 2016, from G. Wood, Interim CAO (former), following which it was then, Moved by M. Ross Seconded by J. Contin That, as recommended in Report CAO-2016-7 dated September 13, 2016, Council affirm their decision to retain the services of Mark Rodger and Dr. Lawrence Murphy as outlined in BLG’s retainer letter dated August 1, 2016 at a fee ranging from $250,000 to $350,000 plus disbursements and HST, and further That the RFP is to include a mandatory feature requiring the successful proponent to contribute the sum of $200,000 towards the Town’s cost estimate, and further


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September 26, 2016

That Council appoint a transaction team of 6 people including the Mayor, one Councillor to be named, the Chair of MPUC or his designate, the Town’s CAO, the Town’s Treasurer and MPUC President and CEO for the purpose of aiding Mark Rodger and Dr. Lawrence Murphy during the RFP process with the understanding that significant decisions will be brought back to Town Council for direction, and further That Council authorizes the payment of expenses related to this transaction through the temporary borrowing from the Town’s Reserve Accounts and this borrowing is to be repaid from the $200,000 recovered from the successful proponent and funds in excess of this amount are to be deducted from the proceeds of sale and returned to the Reserve Accounts. A friendly amendment to increase Councillor representation on the transaction team from one member to two was proposed, following which it was, Moved by J. Contin Seconded by M. Ross That, as recommended in Report CAO-2016-7 dated September 13, 2016, Council affirm their decision to retain the services of Mark Rodger and Dr. Lawrence Murphy as outlined in BLG’s retainer letter dated August 1, 2016 at a fee ranging from $250,000 to $350,000 plus disbursements and HST, and further That the RFP is to include a mandatory feature requiring the successful proponent to contribute the sum of $200,000 towards the Town’s cost estimate, and further That Council appoint a transaction team of 7 people including the Mayor, two Councillors to be named, the Chair of MPUC or his designate, the Town’s CAO, the Town’s Treasurer and MPUC President and CEO for the purpose of aiding Mark Rodger and Dr. Lawrence Murphy during the RFP process with the understanding that significant decisions will be brought back to Town Council for direction, and further That Council authorizes the payment of expenses related to this transaction through the temporary borrowing from the Town’s Reserve Accounts and this borrowing is to be repaid from the $200,000 recovered from the successful proponent and funds in excess of this amount are to be deducted from the proceeds of sale and returned to the Reserve Accounts. CARRIED.


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September 26, 2016

12.

CONSENT BY-LAW Moved by G. MacDonald Seconded by J. Main That leave be granted to introduce the following by-law: By-law 2016-61

Agreement with Bermingham Foundation Solutions for the Javelin Wall Reconstruction Project.

By-law 2016-62

Agreement with CC Underground for the construction of a new watermain on William Street from Bay Street to Frank Street.

By-law 2016-63

Agreement with CC Underground for the construction of a new watermain on Fourth Street from Hugel Avenue to Dominion Avenue.

By-law 2016-64

Agreement with CC Underground for the construction of a new watermain on Hannah Street and College Street from Queen Street to Yonge Street.

By-law 2016-65

Joint Use Agreement with the Simcoe County District School Board (SCDSB).

By-law 2016-66

Lease Agreement and Partnership Agreement with the Huronia Museum.

By-law 2016-67

Repeal By-law 98-38, Workplace Harassment Policy.

By-law 2016-68

Amend By-law 2009-18, Licensing and Control of Dogs.

CARRIED. It was then, Moved by G. MacDonald Seconded by J. Main That By-laws 2016-61, 2016-62, 2016-63, 2016-64, 2016-65, 2016-66, 2016-67 and 2016-68, be read a first, second and third time and finally passed. CARRIED. 13.

GENERAL BUSINESS 1)

Other Business Introduced by Members of Council or Staff In response to questions raised by Councillor Strathearn, the Municipal Law Enforcement Officer advised that a report will be presented at the October General Committee Meeting providing for a new by-law to address the mooring of vessels on Town-owned waters/property.


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September 26, 2016

14.

CONFIRMATORY BY-LAW 1)

By-law 2016-69 Moved by G. MacDonald Seconded by J. Main That leave be granted to introduce By-law 2016-69, being a bylaw to adopt the proceedings of the Council Meeting held on September 26, 2016, and to authorize its execution. CARRIED. It was then, Moved by J. Main Seconded by G. MacDonald That By-law 2016-69 be read a first, second and third time and finally passed. CARRIED.

15.

ADJOURNMENT Moved by J. Main Seconded by G. MacDonald That this Regular Meeting of Council adjourn at 9:56 p.m. CARRIED.

A. Fay, Director of Corporate Services/Clerk/Deputy CAO -------------


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September 26, 2016


575 Dominion Avenue Midland, ON L4R 1R2 Phone: 705-526-4275 Fax: 705-526-9971 [email protected]

Minutes of the Special Meeting of Council - Closed Session held on Wednesday, October 5, 2016, at 5:30 p.m. in the Municipal Office Council Chambers. Present:

Deputy Mayor M. Ross, Councillors G. MacDonald, G. Canning, J. Contin, P. File*, J. Main* and S. Strathearn

Also Present:

J. Skorobohacz, Chief Administrative Officer A. Fay, Director of Corporate Services/Clerk/Deputy CAO G. Green, Director of Human Resources/Health and Safety (item 4) S. Berriault, Director of Operations (item 4) J. Galloway, Town Engineer (item 5) W. Crown, Director of Planning & Building Services (item 5)

Regrets:

Mayor G. McKay and Councillor C. Oschefski

Councillor J. Main arrived at 5:43 pm during discussion related to item 4. Councillor P. File arrived at 6:44 pm during discussion related to item 4. 1.

Call to Order and Purpose of Meeting: Deputy Mayor M. Ross called the meeting to order at 5:30 pm and advised that the purpose of the meeting was to receive a verbal update from the Director of Human Resources/Health and Safety on the status of negotiations with the Ontario Public Service Employees Union (OPSEU), as well as to review a Confidential Staff report related to an update on the Midland Bay Landing. The Deputy Mayor then asked the Clerk to provide information regarding notice of the meeting. The Clerk advised that notice of the meeting was posted on the Town’s website in advance of the meeting in accordance with the Town’s Procedural By-law. Deputy Mayor Ross asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. No concerns were presented. The Deputy Mayor recommended that if, at any point during the meeting, members of Council had any concern they bring it forward at that point.

2.

Declaration of Pecuniary Interest: No declarations were made.

CLOSED SESSION:

3.

Declaration of Closed Meeting: Moved by S. Strathearn Seconded by G. MacDonald That Council move into closed session: And further that this portion of the meeting be closed to the public pursuant to Section 239 of the Municipal Act, 2001, as indicated; 

Subsection 2(d) Labour relations or employee negotiations; Subject matter OPSEU Negotiations Update



Subsection 2 (f) Advice subject to solicitor-client privilege Subject matter Midland Bay Landing Update

CARRIED. 4.

OPSEU Negotiations Update: Council received a verbal update from the Director of Human Resources/Health and Safety on the status of OPSEU negotiations. The Director responded to a number of questions raised by Council regarding the matter. Following discussion, staff was directed to prepare the appropriate motion for consideration during the open session.

5.

Midland Bay Landing Update: Council discussed and deliberated the contents of the Confidential Staff Report MBLSC-2016-3 and the information provided by staff. Upon conclusion of discussion regarding the matter, staff was directed to prepare the appropriate motion for consideration during the open session.

6.

Motion to Rise to Open Session: Moved by S. Strathearn Seconded by G. MacDonald That this Closed Meeting of Council be adjourned at 7:15 p.m. and that Council now rise and report to open session. CARRIED.

Special Meeting of Council (Closed)

October 5, 2016

OPEN SESSION: 7.

Motions arising from closed session discussions: a)

OPSEU Negotiations Update Moved by S. Strathearn Seconded by J. Contin That, further to report HR/HS 2016-10 OPSEU Bargaining Update and related discussion during the closed meeting session held October 5, 2016, Council herein confirms its direction to staff on how to proceed regarding the OPSEU Negotiations. CARRIED.

b)

Midland Bay Landing Update Moved by J. Contin Seconded by S. Strathearn That, further to Confidential Staff Report MBLSC-2016-03 dated September 30, 2016, and related discussions held during the Special Meeting of Council – Closed Session of October 5, 2016, Council herein confirms its direction to staff on how to proceed respecting Midland Bay Landing. CARRIED.

8.

Adjournment: Moved by S. Strathearn Seconded by G. MacDonald That this Special Meeting of Council adjourn at 7:17 p.m. CARRIED.

A. Fay, Director of Corporate Services/Clerk/Deputy CAO


October 5, 2016


575 Dominion Avenue Midland, ON L4R 1R2 Phone: 705‐526‐4275 Fax: 705‐526‐9971 [email protected]

Minutes of the Special Meeting of Council - Closed Session held on Tuesday, October 11, 2016, at 6:00 p.m. in the Municipal Office Council Chambers. Present:

Mayor G. McKay, Councillors G. MacDonald, G. Canning, J. Contin, C. Oschefski, P. File, J. Main and S. Strathearn

Also Present:

J. Skorobohacz, Chief Administrative Officer A. Fay, Director of Corporate Services/Clerk/Deputy CAO G. Green, Director of Human Resources/Health and Safety* S. Berriault, Director of Operations K. Desroches, Deputy Clerk S. Turnball, Director of Finance/Treasurer

Regrets:

Deputy Mayor M. Ross

*Departed the meeting upon conclusion of discussions on Item 4. 1.

Call to Order and Purpose of Meeting: Mayor McKay called the meeting to order at 6:00 pm and advised that the purpose of the meeting was to receive a verbal update from the Director of Human Resources/Health and Safety on the status of negotiations with the Ontario Public Service Employees Union (OPSEU), as well as to receive a verbal report from the CAO regarding a potential land sale. The Mayor then asked the Clerk to provide information regarding notice of the meeting. The Clerk advised that notice of the meeting was posted on the Town’s website in advance of the meeting in accordance with the Town’s Procedural By-law. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. No concerns were presented. The Mayor recommended that if, at any point during the meeting, members of Council had any concern they bring it forward at that point.

2.


CLOSED SESSION: 3.

Declaration of Closed Meeting: Moved by S. Strathearn Seconded by C. Oschefski That Council adjourn to a Closed Session; And further that this portion of the meeting be closed to the public pursuant to Section 239 of the Municipal Act, 2001, as indicated; 

Subsection 2(d) Labour relations or employee negotiations; OPSEU Negotiations Update



Subsection 2 (c) A proposed or pending acquisition or disposition of land Potential Land Sale

CARRIED. 4.

OPSEU Negotiations Update Council received a verbal update from the Director of Human Resources/Health and Safety on the status of OPSEU negotiations. The Director responded to a number of questions raised by Council regarding the matter. Following discussion, staff was directed to prepare the appropriate motion for consideration during the open session.

5.

Potential Land Sale The CAO presented an offer of Purchase and Sale for Council’s consideration for a property currently listed by the Town. The CAO provided details concerning the offer and responded to questions raised by members of Council. Upon conclusion of discussion regarding the matter, staff was directed to prepare the appropriate motion for consideration during the open session.


October 11, 2016

6.

Motion to Rise to Open Session Moved by S. Strathearn Seconded by C. Oschefski That this Closed Meeting of Council be adjourned at 6:52 p.m. and that Council now rise and report to open session. CARRIED.

OPEN SESSION: 7.


OPSEU Negotiations Update Moved by J. Contin Seconded by P. File That, further to the verbal update provided by the Director of Human Resources/Health and Safety and related discussions that occurred at the Special Meeting of Council - Closed Session held October 11, 2016, Council herein confirms its direction to staff on how to proceed respecting OPSEU negotiations. CARRIED.

b)

Potential Land Sale Moved by P. File Seconded by J. Contin That, further to the verbal update provided by the CAO and related discussions that occurred at the Special Meeting of Council - Closed Session held October 11, 2016, Council herein confirms its direction to staff on how to proceed respecting the offer of Purchase and Sale. CARRIED.

8.

Adjournment Moved by J. Contin Seconded by P. File That this Special Meeting of Council adjourn at 6:56 p.m. CARRIED.



October 11, 2016



Minutes of the Special Meeting of Council - Closed Session held on Monday, October 17, 2016, at 6:30 p.m. in the Municipal Office Council Chambers. Present:

Mayor G. McKay, Deputy Mayor M. Ross, Councillors G. MacDonald, G. Canning, J. Contin, C. Oschefski, J. Main and S. Strathearn

Also Present:

J. Skorobohacz, Chief Administrative Officer A. Fay, Director of Corporate Services/Clerk/Deputy CAO G. Green, Director of Human Resources/Health and Safety S. Berriault, Director of Operations

Regrets:

Councillor P. File

1.

Call to Order and Purpose of Meeting: Mayor McKay called the meeting to order at 6:30 pm and advised that the purpose of the meeting was to receive a verbal update from the Director of Human Resources/Health and Safety on the status of negotiations with the Ontario Public Service Employees Union (OPSEU). The Mayor then asked the Clerk to provide information regarding notice of the meeting. The Clerk advised that notice of the meeting was posted on the Town’s website in advance of the meeting in accordance with the Town’s Procedural By-law. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. No concerns were presented. The Mayor recommended that if, at any point during the meeting, members of Council had any concern they bring it forward at that point.

2.


CLOSED SESSION: 3.

Declaration of Closed Meeting: Moved by J. Contin Seconded by J. Main That Council adjourn to a Closed Session; And further that this portion of the meeting be closed to the public pursuant to Section 239 of the Municipal Act, 2001, as indicated; 

Subsection 2(d) Labour relations or employee negotiations; OPSEU Negotiations Update

CARRIED.

4.

OPSEU Negotiations Update: Council received a verbal update from the Director of Human Resources/Health and Safety on the status of OPSEU negotiations. Staff responded to a number of questions raised by Council regarding the matter. Following discussion, staff was directed to prepare the appropriate motion for consideration during the open session.

5.

Motion to Rise to Open Session: Moved by J. Contin Seconded by J. Main That this Closed Meeting of Council be adjourned at 6:52 p.m. and that Council now rise and report to open session. CARRIED.

OPEN SESSION: 6.


OPSEU Negotiations Update Moved by M. Ross Seconded by G. Canning That, further to the verbal update provided by the Director of Human Resources/Health and Safety related to an OPSEU negotiations update Council hereby confirms the Memorandum of Settlement thereby ratifying the new Collective Agreement with OPSEU. CARRIED.

7.

Adjournment Moved by M. Ross Seconded by G. Canning That this Special Meeting of Council adjourn at 6:54 p.m. CARRIED.



October 17, 2016

Council Information Package September 19 to September 23, 2016 k:\Council&By-laws\C03 Council Agenda\Council Information Packages List

Date Sent Out

No.

(dd-mm-yy)

1

23-Sept.-2016

2

23-Sept.-2016

Media Type

From

Subject

Communication

AMO

Email

Mr. G. Misener (on behalf of K. McDowell, Shelburne mom and S. Misener, Mount Albert mom)

Invitation Reminder to all AMO Members re. Participation Opportunites Resolution re. Autism (support)

3

23-Sept.-2016

Letter

County of Simcoe

County of Simcoe Solid Waste Management Infrastructure Projects Update On-line Survey - Project Delivery Method

4

23-Sept.-2016

Letter

County of Simcoe

Resolution for an Ombudsman for Closed Meeting Investigations

5

23-Sept.-2016

Letter

Simcoe Muskoka Catholic School Board

Simcoe Muskoka Catholic District School Board Community Planning & Partnerships: Notice of Annual Meeting, Updated Long Term Pupil Accommodation Plan, Fall 2016

6

23-Sept.-2016

Letter

Ministry of Municipal Affairs/Ministry of Housing

Ontario Seeking Feedback on OMB Reform

7

23-Sept.-2016

Minutes

Midland Heritige Committee

Meeting held June 14, 2016

8

23-Sept.-2016

Minutes

Midland Police Services Board

Special Meeting dated July 25, 2016

9

23-Sept.-2016

Minutes

Midland Police Services Board

Regular meeting dated June 20, 2016

10

23-Sept.-2016

Minutes

Midland Bay Landing Steering Committee

Meeting held August 12, 2016

11

23-Sept.-2016

Report

Economic Development Corporation of North Simcoe

Update as of September 15, 2016

12

23-Sept.-2016

Report

Heart of Georgian Bay

Monthly update - September 8, 2016

13

23-Sept.-2016

Report

Police Chief Osborne

Chief Osborne's Community Report - September 2016

Council Information Package September 26 to September 30, 2016 k:\Council&By-laws\C03 Council Agenda\Council Information Packages List

Date Sent Out

Media Type

From

Subject

No.

(dd-mm-yy)

1

30-Sept.-2016

Communications

AMO

AMO Releases Seniors Policy Paper

2

30-Sept.-2016

Communications

AMO

Construction Lien Act Review - Report Released

3

30-Sept.-2016

Communications

AMO

Registration Now Available for Ontario West Municipal Conference

4

30-Sept.-2016

Letter

Town of Aurora

Resolution of September 13, 2016 - Ontario Municipal Board (OMB) Reform Update

5

30-Sept.-2016

Letter

Quest Art School and Gallery

Thank you re. opportunity to address Council on August 22nd and requesting that Council invest $10,000 in Quest Art's programs

6

30-Sept.-2016

Letter

County of Simcoe

7

30-Sept.-2016

Letter

Regional Municipality of Halton

2016 Emerald Ash Border Monitoring Results Supplementary Report - Coordinated Provincial Plan Review (162 page Report is available for viewing upon request in the Clerk's Dept. )

8

30-Sept.-2016

Letter

City of Bellville

Municipal Resolution on Support Agricultural Experts in their Fields

9

30-Sept.-2016

Minutes

Midland Bay Landing Steering Committee

Meeting held on September 16, 2016

Council Information Package October 3 to October 7, 2016 k:\Council&By-laws\C03 Council Agenda\Council Information Packages List

Date Sent Out

No.

(dd-mm-yy)

Media Type

From

Subject

1

7-October-2016

Communications

AMO

AMO Report to Member Municipalities: Highlights of the September 2016 Board Meeting

2

7-October-2016

Communications

AMO

Arbitrated Settlement with the Ontario Provincial Police Association (OPPA)

3

7-October-2016

Communications

AMO

Correction re: Upcoming Municipal Events

4

7-October-2016

Communications

AMO

AMO Watchfile - October 6, 2016

5

7-October-2016

Email

Ministry of the Environment

Correction re: Apply for a grant to protect the Great Lakes by December 1, 2016

6

7-October-2016

Email

OMB Review

Ontario is reviewing the Ontario Municipal Board

7

7-October-2016

Information Report

Director of Finance/Treasurer

Information Report re. Operations Centre Financing

K. Desroches, Deputy Clerk and N. Major, Manager of Culture, Tourism and Special Events

CL-2016-35 Volunteerism

8

7-October-2016

Information Report

9

7-October-2016

Information Report

10

7-October-2016

11

ML-2016-18 September MLEO Report

Information Report

J. Reichheld, Municipal Law Enforcement Officer N. Major, Culture, Tourism and Special Events Manager

7-October-2016

Information Report

J. Beauchamp, Compliance Officer

OP-2016-027 Monthly Report on Waterworks September 2016

12

7-October-2016

Information Report

Midland Public Library

Midland Public Library General Committee Report - August 2016

13

7-October-2016

Invitation

Midland Public Library

Tulip Planting Ceremony - October 17, 2016

14

7-October-2016

Letter

Severn Sound Environmental Association

2016 SSEA 19th Annual Partnership Awards

15

7-October-2016

Letter

Ministry of Tourism, Culture and Sport

Ontario Support for the Framework for Recreation in Canada 2015 Report

16

7-October-2016

Letter

Canadian Union of Postal Workers "CUPW"

Another Opportunity to Have Your Say in Canada Post Review

17

7-October-2016

Minutes

Midland Accessibility Advisory Committee


18

7-October-2016

Minutes

Committee of Adjustment


19

7-October-2016

Release

AMCTO Legislative Express

Policy Spotlight: AMCTO's New Legislative Policy and Advisory Committee

CTS-2016-9 Tourism and Special Events Report

Council Information Package October 11 to October 14, 2016 k:\Council&By-laws\C03 Council Agenda\Council Information Packages List

Date Sent Out

No.

(dd-mm-yy)

Media Type

From

Subject

1

14-October-2016 Advisory

Simcoe County Museum

Simcoe County Museum presents the Tenacious and Versatile: 150 years of the Grey and Simcoe Foresters Exhibit and Lecture Series - October 11, 2016

2

14-October-2016 Bulletin

Big Brothers Big Sisters

Curl for Kids Sake Challenge

3

14-October-2016 Email

Ontario Good Roads Association

1st Call for Nominations - OGRA Board of Directors 2017/18

4


United Way Greater Simcoe County

VitalSigns draft and launch update

5


Huronia Museum

Waterfront Shed Project update

6


Minister of Municipal Affairs and Housing

7


Simcoe County Greenbelt Coalition

The Municipal Elections Modernization Act, 2016 Invitation to Public Forum on Possible Greenbelt Expansion - Featuring David Crombie Video Interview

8


Deputy Minister of Tourism Culture and Sport

2017 Premier's Award for Excellence in the Arts - Submit Your Nomination!

9

14-October-2016 Letter

Ministry of Natural Resources and Forestry

Introduction of Legislation to Amend the Aggregate Resources Act

10

14-October-2016 Minutes

Midland Business Improvement Area


11


Sustainable Severn Sound

Meeting held on August 4, 2016

12


Sustainable Severn Sound


13

14-October-2016 Report

Planning and Building Services

BD-2016-12 September 2016 Building Report

14

14-October-2016 Resolution

Township of Madawaska Valley

Support re. changes to the parole system proposed in the Private Member's Bill

15


AMO Association of Municipalities Ontario

AMO Seeks Council Resolution re. What's Next Ontario Project

16


Grey County

Cost of hydro for rural residents

Severn Sound Environmental Association 67 Fourth Street Midland Ontario L4R 3S9 Tel: 705-527-5166 Fax: 705-527-5167 Website: www.severnsound.ca

September 23, 2016 To:

Town of Midland

RE:

TREE SEEDLING DISTRIBUTION PROJECT – REQUEST TO CONSIDER MUNICIPAL PARTICIPATION IN 2017

Over the past ten years, Severn Sound Environmental Association (SSEA) and North Simcoe Stewardship/Dufferin Simcoe Land Stewardship Network have partnered with the Townships of Tay, Tiny, Springwater, Oro-Medonte, Severn, and Georgian Bay, the Towns of Penetanguishene and Midland, and the City of Orillia to provide local residents with reasonably priced, native tree seedlings for spring planting. The objective of the project is to promote tree planting by residents in the Severn Sound area, improving environmental health and increasing tree cover. The project has been very successful: in the past ten years, 91,940 tree seedlings were purchased and planted by residents of the participating municipalities. The SSEA recommends that the program be offered to North Simcoe municipalities for spring 2017. At this time, SSEA would like to determine if your municipality is interested in participating in the 2017 Tree Seedling Distribution Project. There is no direct funding required from the municipalities to SSEA; however, municipal partners will be responsible for assisting with project promotion and some aspects of project implementation (see below).

1

SSEA will be responsible for coordinating the program, including:  Ordering tree seedlings and organizing pick-up of the bulk seedling order at the nursery.  Creating electronic promotional materials for use by participating municipalities (i.e., poster, information/pricing sheet, species selection guide, and tree planting tips sheet). Participating municipalities can link to the SSEA website, which will contain all the promotional details.  Receiving tree orders and payments from participating residents. We are proposing a tree order deadline of January 20th, 2017.  Providing receipts and pick-up instructions to participants.  Coordinating volunteers to assist with sorting and distribution of tree orders. The distribution day will be in late April or early May 2017.  Producing a final report on the project by September 2017. Municipal partners will be required to undertake the following responsibilities:  Provide the information/pricing sheet to residents. Options for program promotion by the municipality include: municipal web-site and at municipal facilities (e.g., poster on bulletin boards), inclusion in tax bills and/or other municipal mailings (where possible/appropriate), and local/social media (e.g., municipal page in newspaper, Twitter, Facebook). Promotional materials should be distributed to landowners by December 2016, to allow landowners sufficient time to place their orders before the proposed January deadline.  Provide a suitable facility (e.g., sand dome, roads garage) for the distribution location. The distribution location needs to be cool, indoors, and secure, with sufficient space to store tree orders for a few days. Note: wherever possible (and depending on program participation), SSEA will coordinate joint distribution locations, rather than requiring each municipality to provide individual distribution sites.  Provide assistance (e.g., staff, council member, or other municipal representative) with pick up, sorting, and distribution of tree seedlings. o Bulk order seedling pick-up from the nursery (approximately ½ day): Several vehicles will be required, including SSEA vehicle(s) to pick up seedlings from the nursery, located in Everett, north of Alliston. Whenever possible, depending on the size and type of vehicles the municipalities have available, SSEA alternates which participating municipalities are required to assist with tree seedling pickup each spring. The tree seedling bulk order is typically picked up from the nursery one or two days prior to the distribution day. o Sorting bulk order into individual landowner orders (approximately ½ day): Tree seedlings are normally sorted one day prior to the distribution day, at a central location. Following sorting, orders for participants are transported to the designated distribution locations.

2

o Distribution of tree orders (approximately ¾ day): The distribution dates are tentatively April 28th/29th OR May 6th/7th, however the final dates will depend on spring weather conditions, which determine when seedlings can be harvested and packaged by the nursery. The distribution timing is typically finalized in late March or early April. Municipal in-kind support for the program provides a visible partnership, and helps to keep project implementation costs low. If at all possible, the SSEA intends to divide up municipal responsibilities for seedling pick-up, sorting/packaging, and distribution for the 2017 program, so that each municipality contributes, but is not responsible for assisting with all aspects of project implementation (as was done in 2016). Please advise the SSEA (by email to [email protected]) by October 21st, 2016 if your municipality would like to participate in this project for 2017, and if so, who the contact person is who will liaise with SSEA on this project. Yours truly,

Michelle Hudolin Wetlands and Habitat Biologist Severn Sound Environmental Association CC:

SSEA Board of Directors

3

Request for Delegation to Council Addendum Jarlette Health Services and The Villa Care Centre respectfully submit this Addendum to the Request for Delegation to Council – Town of Midland

Table of Contents:  Executive Summary  Business Description – The Villa Care Centre  MOHLTC (Ministry of Health and Long Term Care Enhanced Capital Renewal Program  Villa Care Centre Redevelopment Overview  Villa Care Centre Redevelopment Barriers  Seeking Support  Conclusion  Addendum - Business Description – Jarlette Health Services (JHS)  Addendum - Core Purpose & Core Values

Executive Summary: The Villa Care Centre is a fully accredited long term care home located in Midland, Ontario. Situated within the North Simcoe region, Midland boasts of a thriving arts community and pristine outdoor spaces. Owned and operated by Jarlette Health Services, The Villa Care Centre responded to a Ministry of Health and Long Term Care (MOHLTC) redevelopment survey in May, 2015 and formally submitted application to the MOHLTC for redevelopment of the home in November, 2015. The redevelopment plans for The Villa Care Centre, contemplates the development of a brand new, state of the art, long term care home. Operating at a licensed capacity of up to 160 residents and situated on a new King Street property, the new long term care home will be just minutes from the existing Villa Care Centre. Conceptually, the redevelopment of The Villa Care Centre in this capacity has been a plan in progress for several years, with full transparency and disclosure with the Town of Midland officials. We trust that the supporting documentation contained herein will provide background to Council on the project at hand, specifically through a description of Jarlette Health Services as a whole, our core purpose and core values, a description of The Villa Care Centre, an overview on the MOHLTC Enhanced Capital Renewal Program, Villa Care Centre Redevelopment Overview and support needed from Council and the Town of Midland.

Additionally, it is our intent to demonstrate that:  the safety of our residents and staff has and always be our first priority;  there is an identified need to rebuild and modernize older long term care homes, such as The Villa Care Centre, so that they can meet the care needs of seniors today and tomorrow;  there is an identified need to provide long term care homes with appropriate resources to protect and care for those living with dementia and responsive behaviours;  there is an identified need to ensure that long term care homes can continue to meet the growing needs of the seniors in and around Midland;  time is of the essence. Our resident’s, our families, our staff and the communities in which we serve, deserve the right to be cared for, live within and work within long term care homes of a modern design, but we cannot do it alone. We also need the support of the local communities in which we serve, if we are to respond to the growing needs of seniors in this province, and specifically within Midland. It is our view that The Villa Care Centre should be exempt from development charges. In the absence of this, we will not be in a position to redevelop The Villa Care Centre once the MOHLTC provides approval for the project. Your support of this view will help to ensure a successful redevelopment at The Villa Care Centre through the elimination of development charges for this project, and or seeking innovative and collaborative strategies that will help to offset potential development charges.

Business Description – The Villa Care Centre (long term care) The Villa Care Centre is a fully accredited long term care home (commonly referred to as nursing homes) located in Midland, Ontario. Situated within the North Simcoe region, Midland boasts of a thriving arts community and pristine outdoor spaces. Licensed under the Ministry of Health and Long Term Care (MOHLTC), The Villa Care Centre provides care and services for our residents who can no longer live independently and or may need 24 hour nursing care. Long term care homes are governed under the MOHLTC, The Long Term Care Homes Act; 2007 and The Long Term Care Homes Regulations. Respecting the uniqueness of each of our resident’s needs, The Villa Care Centre provides individualized care and services including but not limited to:        

24 hour nursing care with medical supervision Dietary services Restorative care Recreation and leisure services Chaplaincy and spiritual care Volunteer services Housekeeping, linen and personal laundry services On-site hairstyling and barbering

MOHLTC Enhanced Capital Renewal Program The Villa Care Centre was built to design standards of the day (which date back to 1973) and is one of 309 long term care homes or approximately 30,000 long term care beds that were built to those design standards. New design standards provide the appropriate privacy, security and comfort for the residents we are caring for today. The new design standards provide for enhanced sleeping, living and dining environments – roughly twice the square footage per resident than older homes. But they cost considerably more to build and operate. All long term care homes eligible for redevelopment were asked to respond to a MOHLTC redevelopment survey by May 1, 2015 outlining their intentions to redevelop, based on the parameters of the MOHLTC Enhanced Capital Renewal Program. Subsequent to the completion of the survey, the MOHLTC opened applications for those operators wishing to apply for redevelopment. While the majority of older homes want to rebuild, the current program, despite its many enhancements, falls short in addressing numerous items such as land costs, development charges and the acquisition of additional bed licenses. Because of these short falls, despite the fact that there are approximately 30,000 long term care beds to be redeveloped across the province, to date there have only been 22 applications for redevelopment, of which just 6 projects have been approved to move forward. The funding announced as part of the Enhanced Long Term Care Home Capital Renewal Program was a step in the right direction, but the program doesn’t work for many of the 309 older homes waiting to be rebuilt. The challenges are many and varied, including:  the cost and availability of land;  economies of scale (construction and operational);  a lack of new or additional beds to allow homes to rebuild in optimal efficiencies of scale;  a lengthy and daunting prescriptive licensing process.

The Villa Care Centre Redevelopment Overview Despite the challenges being faced under the MOHLTC Enhanced Capital Renewal Program, Jarlette Health Services responded to the MOHLTC redevelopment survey on May 1, 2015, advising of its intent to redevelop The Villa Care Centre and submitted formal application to the MOHLTC in November, 2015. Although not confirmed, it has been suggested that a response to the formal application for the redevelopment of The Villa Care Centre is anticipated very soon. Upon approval, The Villa Care Centre will be required to respond to the approval (either by accepting the award, or forfeiting the award) within 30 days. Currently, The Villa Care Centre operates at a licensed capacity of 114 long term care residents, comprised of 109 licensed long term care beds offering both long term stay and short stay and 5 licensed interim beds. The redevelopment plans for The Villa Care Centre, contemplates the development of a brand new, state of the art, long term care home, operating at a licensed capacity of up to 160 residents, situated on a new King Street property, just minutes of the existing Villa Care Centre. Conceptually, the redevelopment of The Villa Care Centre in this capacity has been a plan in progress for several years, with full transparency and disclosure with the Town of Midland officials.

The Villa Care Centre Redevelopment Barriers Many would ask why we would even consider the redevelopment of The Villa Care Centre, or any of our homes, in light of the shortfalls of the MOHLTC Enhanced Capital Renewal Program. The answer is simple. At JHS, and The Villa Care Centre, we remain true to our core purpose to “Make an Outstanding Difference in the Lives of Others" through the implementation of our corporate values:    

everything we do is with commitment and passion; we treat people with respect; we are proactively accountable and responsible; and we strive to do the right thing.

Our resident’s, our families, our staff and the communities in which we serve, deserve the right to be cared for, live within and work within long term care homes of a modern design, but we cannot do it alone. The MOHLTC and the LHIN (Local Health Integration Network) are obvious partners and their support is valued and appreciated, both in terms of funding increases and resource allotment, however, we also need the support of the local communities in which we serve, if we are respond to the growing needs of seniors in this province, and specifically within Midland. The safety of our residents and staff has and always will be our first priority. The Villa Care Centre, is a provider of long term care within the Town of Midland and has commendably managed to provide a standard of quality care, despite increasing constraints in a system designed for yesterday. Aging long term care homes, such as The Villa Care Centre leaves us ill equipped to meet the growing needs and numbers of today’s seniors, let alone those we will be asked to care for tomorrow. Updating long term care homes to modern design standards would:

 see the elimination of 4 bed wards, providing a higher quality of life, privacy and dignity for our seniors;  result in larger rooms, combining generous spaces and places for private time, particularly important for people with dementia;  provide appropriate privacy, security and comfort for the residents we are caring for today – roughly twice the square footage per resident than older homes, but they cost considerably more to build and operate. There is an identified need to rebuild and modernize older long term care homes, such as The Villa Care Centre, so that they can meet the care needs of seniors today and tomorrow. There is a need to ensure that our parents and grandparents are receiving a high standard of care in an environment designed to meet the needs of todays and tomorrows seniors. Ultimately, not addressing the redevelopment needs of The Villa Care Centre will impact the provision of health and related services within the community as a whole, creating additional challenges on an already burdened health care system, such as ALC (Alternative Level of Care). Many people aren’t familiar with long term care until a friend or family member enters the system, but once you’re familiar with the system you can see that action is needed to give our seniors the care they need and deserve. While government budgets may be tight, levying development charges against a long term care home seeking redevelopment simply takes away resources which could be otherwise allocated to ensure that The Villa Care Centre is redeveloped and equipped with the resources required to care for those who can no longer care for themselves.

Seeking Support Time is of the essence! Once approved, a development agreement must be returned to the Ministry of Health within 30 days. In the absence of a resolution to obstacles and barriers being faced with respect to the redevelopment of The Villa Care Centre, we will not be in a position to return a development agreement. Without a development agreement, we may miss out on the opportunity to redevelop the home. The redevelopment of The Villa Care Centre represents significant economic stimulation for the community as a whole, both during the construction process and post opening. The economic stimulation could be impacted in a variety of ways, including employment, shopping and tourism for the community as a whole. The removal of obstacles and barriers being faced with respect to the redevelopment of The Villa Care Centre is needed to ensure that Midland remains a vibrant and strong community. It is our view that The Villa Care Centre should be exempt from development charges. This position is supported in other jurisdictions, based upon documentation provided by the MOHLTC, which demonstrates evidence that of the 24 long term care homes that have either been redeveloped under phase 1 of the long term care home renewal strategy and / or the 1996 "D" bed program 14 of the projects did not have any municipal development charges levied. A number of rationales exist for this position:  the services that development charges are intended to support are not utilized by our residents i.e. parks, trails, arenas, libraries, etc.  the majority of our residents do not drive  although we are not a hospital, we do provide care and services in a similar type of congregate setting and on the

 





 

premise that hospitals are exempt, so should long term care homes municipal homes and homes for the aged are exempt from development charges it is our understanding that neighbouring communities, such as the Town of Penetanguishene deem long term homes as commercial designations and as such, do not levy development charges for long term care homes within the Jarlette Health Services family of long term care homes, we have eight homes eligible for redevelopment, operating in eight different communities across the province – based upon our own experiences, we have confirmed that within four of the communities where we will be redeveloping that no development charges will be levied, one community will be expempt due to the redevelopment of the long term care home on the existing site, one community whereby development charges will apply, but they are in keeping with the provincial averages for long term care homes and two communities (one of which being Midland) where development charges would apply; regrettably the other community where we would face development charges significantly higher than the provincial average has halted our redevelopment plans within that community forcing us to focus our attention on moving forward within the communities where development charges are not and or will not create a barrier to redevelopment although funding is provided to support the redevelopment of homes such as The Villa Care Centre, the construction funding provided is limited; as a result this has caused many operators to stop and pause, opting not to pursue redevelopment, again, the most recent call for redevelopment has only seen 6 long term care homes moving ahead with redevelopment additionally, the funding provided still leaves the operator with needing to raise millions of dollars to fund the remainder of the project in our case, The Villa Care Centre currently has the capacity to provide care for a total of 114 long term care residents,

comprised of 109 licensed long term care beds offering both long term stay and short stay and 5 licensed interim beds; given the need for long-term care and the ageing population feasibility studies for the area show an increased demand for long term care services, hence our desire to increase the licensed capacity of the home, which is only achieved by the operator purchasing bed licenses at significant costs Without a resolution to the barriers to redevelopment, regrettably, as an organization, we would need to revisit what options are available to us. We have had a long-standing relationship within the Town of Midland, and we want to redevelop here locally, but in order for us to accomplish this, we need to remove the barriers to redevelopment. We feel strongly that Council should be doing everything it can to support, a successful redevelopment of The Villa Care Centre through the elimination of development charges for this project, and or seeking innovative and collaborative strategies that will help to offset potential development charges.

Conclusion In conclusion, on behalf of the resident’s, their families and the staff of Jarlette Health Services and The Villa Care Centre, we wish to extend our sincere appreciation for your thoughtful consideration and support of the challenges being faced with respect to the redevelopment of The Villa Care Centre. Without a resolution to the barriers to redevelopment, regrettably, as an organization, we will not be in a position to proceed with our redevelopment plans of The Villa Care Centre at this time. We are however confident that Council will do the right thing and support, a successful redevelopment of The Villa Care Centre through the elimination of development charges for this project, and or seek innovative and collaborative strategies that will help to offset potential development charges. Our resident’s, our families, our staff and the communities in which we serve, deserve the right to be cared for, live within and work within long term care homes of a modern design, so that together we can respond to the growing needs of seniors within Midland.

Addendum - Business Description – Jarlette Health Services (JHS) 859530 Ontario Inc. operating as Jarlette Health Services (JHS) is the owner and operator of 14 long term care homes and 6 retirement communities. Proudly Canadian, our long-term care homes and retirement communities are located across Ontario, providing care and services to over 1500 long term care residents and approximately 500 retirement residents, including long-term care, short stay, interim bed placements and convalescent care. Family owned and operated, Alex & Roberta (Bobbie) Jarlette founded JHS in 1970 with one long-term care home, The Villa Care Centre in Midland, Ontario. The legacy of caring has now spanned in excess of 45 years. It was and still is paramount to the Jarlette family to provide compassionate, family oriented care in a warm and inviting atmosphere. In Alex’s words, “It’s much more than a business; it’s something of a family legacy.” Today, three generations of the Jarlette family all play a critical part in continuing the work first started in 1970.”

Despite tremendous growth and success, as a family, they have never looked back, nor forgotten the vision of the organization.

Today, David Jarlette, Alex and Bobbie’s son is President and humbly acknowledges “Our company is large enough to be recognized as a leader in long-term care and retirement living and yet still remains resident and community focused.” Our core philosophy of care is extended throughout our corporate culture all the way to our vendors, partners and employees, and is one of the key factors for our continued success. Throughout the province, we offer long-term care in 14 different communities spanning the northeast corridors of the province, including Manitoulin Lodge in Gore Bay, Elizabeth Centre in Val Caron and Temiskaming Lodge in Haileybury; down to the southwest regions of the province, including Meadow Park (Chatham and London), Royal Rose Place in Welland, Alexander Place in Waterdown and Southampton Care Centre in Southampton and the central regions of the province, including Stayner Care Centre in Stayner, Avalon Care Centre in Orangeville, Roberta Place in Barrie, Leacock Care Centre in Orillia, The Villa Care Centre in Midland and Muskoka Landing in Huntsville. Our retirement communities are located within the central regions of the province, providing a variety of levels of care and services including independent living and assisted living with a strategic desire to offer memory care within our existing communities including Avalon Retirement Lodge in Orangeville, Roberta Place Retirement Lodge in Barrie, Leacock Retirement Lodge in Orillia, The Villa Retirement Lodge in Midland, Bayfield House in Penetanguishene and Waterside Retirement Lodge in Wasaga Beach. Four of our campuses offer a continuum of care (long term care and retirement services on the same property), allowing residents to progress through the various levels of care to meet their individual needs, while providing accessibility and ease of access to services to family members and spouses who may require different levels of required assistance.

(Roberta Place Lodge & Roberta Place – Barrie, Ontario) A basket of service offerings and amenities are provided within our long term care homes and retirement lodges, to ensure that the holistic needs of our residents can easily and readily be met within our centres. Such service offerings and amenities may include:  Salon – Hairstylist, Barber, Esthetician and/or Nail Salon  Specialized Services – Chiropody, Massage, Chiropractic  Tuck Shops – for convenient access to consignment items  Wellness Centres – Fitness Centres, Spa Rooms  Licensed areas for social soirees  Recreations and Leisure - Craft rooms, Games Rooms, Whirlpool and Therapeutic Tubs, Theatre / Multi-purpose Rooms, Private / Family Dining Rooms, Libraries, Outdoor Areas – Patios and Gardens, Putting Greens  Volunteers and Volunteer Opportunities

Addendum - Core Purpose & Core Values Our core purpose is to “Make an Outstanding Difference in the Lives of Others" through the implementation of our corporate values:    

everything we do is with commitment and passion; we treat people with respect; we are proactively accountable and responsible; and we strive to do the right thing.

~(&and NOTICE OF PROPOSED SALE TAKE NOTICE that The Corporation of the Town of Midland proposes to pass a by-law to sell a portion of lands being Part of Block ‘B’ on Registered Plan 1158, more particularly described as Parts 1, 2 and 3 on 51 R-40459. AND FURTHER TAKE NOTICE that the by-law to authorize the sale and conveyance of those lands to the owner of land abutting same in accordance with the provisions of the Municipal Act, 2001, S.C. 2001 c.25 and by-law 200878 being a by-law to establish a procedure governing the sale of real property. AND FURTHER TAKE NOTICE that the proposed by-law will come before the Council of the Corporation of the Town of Midland at its meeting to be held in the Council Chambers on the 24th day of October 2016, at 7:00 p.m. and at that time Council will hear in person or by their solicitor or agent, any person who claims that their land will be prejudicially affected by the by-law. Written submissions to be provided to the undersigned by noon on October 19, 2016 for inclusion on the agenda. AND FURTHER TAKE NOTICE that a copy of the map showing the lands described herein is available for inspection at the Town office during normal business hours. DATED: October 3, 2016

Karen Desroches Deputy Clerk 575 Dominion Ave Midland ON L4R 1R2 (705) 526-4275

TOWN OF MIDLAND CONFIRMATION OF ACCOUNTS SEPTEMBER 2016 Non-departmental Assets

4,304.32

Liabilities/Equity

767,235.81

General Administration Taxation General Revenue Council Administration Corporate Health and Safety Community Health & Safety Program By-Law Parking

771,540.13

7,505.70 43,779.95 1,015.96 3,193.38 1,256.46

56,751.45 Culture, Tourism & Spceial Events Culture (Recreation) Tourism Tourism & Spcecial Events

39,192.73 36,657.68

75,850.41

Planning & Development Midland Bay Landing Development Planning Committee of Adjustment Heritage Committee Building

61,626.05 324.13 6,276.58

68,226.76 29,613.30

Fire Service Operations Equipment/Vehicle Maintenance Public Works Roads Sidewalks & Curbs Transit Street Lighting Storm Sewers Harbour Parks NSSRC

5,299.39 681,760.11 47,199.77 8,448.99 14,491.35 2,312.24 5,058.09 29,938.49 60,180.07

854,688.50

5,127.32

5,127.32

Wastewater Treatment

61,577.13

60,577.13

Water

49,497.87

49,497.87

Subtotal - Town -

1,971,872.87 1,495,697.25

Engineering

County School Board Payments

TOTAL TO BE CONFIRMED BY COUNCIL*

*Excludes Police, Library, SSEA as these accounts are approved by their governing Board.

1,901,720.83 5,369,290.95

STAFF REPORT DEPARTMENT/FUNCTION: Clerks CHAIR: Councillor J. Contin DATE:

September 21, 2016

REPORT NO.: CL-2016-35 Volunteerism RECOMMENDATION: Report submitted for Council’s information. BACKGROUND: During the April General Committee Meeting staff was directed to investigate volunteer recruitment strategies in keeping with Council’s engagement objectives. This report serves to highlight the current use of volunteers and recruitment methods undertaken by the Town. ANALYSIS: Currently volunteers are recruited by the Town to serve on the Town’s many Boards and Committees, and to provide assistance with special events. The Town utilizes its internal and external notices boards, website, social media and the Town page to solicit applications for positions on its Boards and Committees. The Town conducts a number of events throughout the year for the benefit of residents, such as Winterfest, Tugfest, Canada Day and the Buttertart Festival. These are Town initiated events that are run almost entirely by volunteers and/or in partnership with volunteer organizations. The recruitment of volunteers for the Town’s many events is undertaken by the Manager of Culture, Tourism and Special Events, Nicole Major. The success of these events lies largely with Ms. Major’s ability to secure knowledgeable, dedicated and skilled volunteers. Nicole Major, for the most part functions as the Town’s Volunteer Coordinator. In recruiting volunteers, Ms. Major enlists the support of Community Reach, a local charitable organization and recognized Volunteer Centre which “promotes volunteerism as a means of building healthy communities”. Community Reach is an excellent resource and has been instrumental in assisting the Town in its efforts to secure volunteers for its many events. In addition to connecting the Town with volunteers, Community Reach also conducts volunteer workshops/seminars three times per year to promote volunteerism within the Town, and, most particularly, to address issues on how to attract, retain and recognize volunteers. General Committee October 11, 2016 Report CL-2016-35

1

Volunteerism

Outside the realm of the Corporation, there are many volunteer-run charitable and nonprofit organizations that provide recreational, cultural and social services opportunities to residents within the Town and the surrounding area that are not offered by the Corporation due to its limited budget. The distinct and unique services provided by these organizations are invaluable to the Corporation and, in conjunction with Town-run services, help to establish a culture that promotes community involvement and attracts new residents and tourists. Currently the use of volunteers is limited to activities and events initiated by the Town or held in cooperation with other organizations. This appears to be the case with many municipalities although a very limited number have extended the use of volunteers to other departments within the organization, assigning duties based on their volunteer’s skill base. The Manager of Culture, Tourism and Special Events continues to explore additional areas where the use of volunteers may be of benefit within the department. SUSTAINABILITY: Protect and enhance a network of active living activities for all ages and abilities: Increase collaboration between municipal governments and other organizations to provide active living, leisure and educational services. COUNCIL’S STRATEGIC PLAN: Strengthen Existing Partnerships and Build New Alliances. FINANCIAL IMPACT: No financial implications at this time. Prepared by: Karen Desroches, Deputy Clerk Nicole Major, Manager of Culture, Tourism and Special Events Reviewed by: Andrea Fay, Director of Corporate Services/Clerk/Deputy CAO Approved by: John Skorobohacz, Chief Administrative Officer Attachment File: A09- Policies S:\Clerks\C00 Council & By-laws\C11 Reports to Council\2016\Volunteerism.doc

General Committee October 11, 2016 Report CL-2016-35

2

Volunteerism

From: Aaren Fitzgerald [mailto:[email protected]] Sent: Thursday, October 06, 2016 3:37 PM To: Karen Desroches Cc: James Marzotto; Scott McLorie Subject: RE: Town of Midland - Solar Support Resolutions FIT 5.0.1 Hi Karen, It was nice speaking with you, as per our discussion, please find below our formal delegation request for October 24th, 2016: HISTORY/BACKGROUND – Moose Power is an independently owned leading Torontobased solar developer. We design, finance, install and manage rooftop and non-rooftop solar installations across the province of Ontario. To date Moose Power has successfully developed over 25 MW of Small Fit (generally up to 500kW) projects. From origination to acquisition, we have a long track record of collaborating with landlords, local stakeholders and partners to build sustainable positive relationships. ACTION/SOLUTION REQUESTED: Moose Power Inc. is seeking a Blanket Municipal Council Support Resolution in favour of Small FIT Non-Rooftop solar projects in the Township of Midland. A representative of Moose Power Inc. can stand before council or/and respond to any questions if required. ______________________________________________________________________ _________________________________________________________ Background • Blanket Support Resolutions allow Small FIT solar developers, including Moose Power Inc.to obtain Priority Points in its application of a FIT Contract (Version 5.0.1) • Small FIT non-rooftop solar systems are procured under the Independent Electricity System Operator’s (“IESO”) Feed-in-Tariff (“FIT”) Program version 5.0.1 • Blanket Support Resolutions have been approved in a number of other municipalities including Aurora, West Perth, Greater Madawaska, Durham, Bradford West Gwillimbury, Tillsonburg, Greater Sudbury, Ingersoll, Milton, Oakville, Whitby, Guelph, Vaughan, and Toronto, amongst others Typical Project Size Land Use Term Land Class

· · · ·

300 kWp to 600 kWp 5 to 7 acres 20 year term System not built on prime agricultural land; only CLI Class

4--7 Municip pal Benefits The prop posed Sma all FIT solarr installation ns have a n number of ssocial and e economic benefits to the Mun nicipality of Midland an nd its const ituents including: • Incom me generatted to land downers: S Solar installations will generate in ncome in th he form of le ease payme ents to the landownerss over a 20 0 year term • Supp porting loca al business ses: Local contractorss, installerss, electrician ns and ongoing g maintenan nce crews are a required d both durin ng construcction and ovver th he 20 year period • porting the g generation of renewab ble Envirronmental responsibility: Supp energy witho out some off the negative effects o of other sources such as wind. S Solar does not cre eate the visual or noise e issues tha at some complain abo out with respect to o wind. Contactt Details: Moose Power P Inc.. 344 Dup pont Street Suite 30 07 Toronto, ON M5R 1V9 1 If you ha ave any furtther questio ons, please e let me kno ow. Thanks, Aaren Aaren Fitzgerald M Project Manager

44 Dupont Street S 307 - 34 Toronto, ON M5R 1V9 5 Phone: 647 478 5438 Email: afitzgerald@ a @moosepower.com Web: www.moose w power.com m

The Corporation of the Town of Midland Resolution No. 2016Date: October 24, 2016 MOVED BY: __________________________

SECONDED BY: __________________________

[WHEREAS] capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0. [AND WHEREAS] the Province's FIT Program encourages the construction and operation of Rooftop Solar and Non-Rooftop Solar generation projects (the “Projects”); [AND WHEREAS] one or more Projects may be constructed and operated in the Town of Midland; [AND WHEREAS] pursuant to the FIT Rules, Version 5.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; [NOW THEREFORE BE IT RESOLVED THAT] Council of the Corporation of the Town of Midland supports the construction and operation of the Projects anywhere in Midland. This resolution's sole purpose is to enable the participants in the FIT Program to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Projects, or for any other purpose. This resolution shall expire twelve (12) months after its adoption by Council.

Carried: ___ Defeated: ___Deferred: ___

_________________________________ MAYOR or CHAIR



GENERAL COMMITTEE REPORT 2016-8 Report of the General Committee of Council Meeting held Tuesday, October 11, 2016, at 7:00 p.m. in the Municipal Office Council Chambers. Present:

Councillors G. MacDonald, J. Main P. File, G. Canning, C. Oschefski, J. Contin and S. Strathearn

Regrets:

Mayor G. McKay, Deputy Mayor M. Ross

Also Present:

J. Skorobohacz, Chief Administrative Officer A. Fay, Director of Corporate Services/Clerk/Deputy CAO S. Berriault, Director of Operations J. Galloway, Town Engineer S. Turnbull, Director of Finance/Treasurer T. Toole, Deputy Fire Chief S. Cooper, Marketing and Communications Coordinator K. Desroches, Deputy Clerk

The Clerk, in the absence of the Chair and Vice Chair, called the meeting to order. The Clerk advised that, in accordance with the Town’s procedural by-law, a chair is to be appointed among the members present. The Clerk then asked if there were any members that would like to put their name forward to assume the Chair. Councillor G. MacDonald expressed his interest and, with the support of your Committee, assumed the Chair. DECLARATIONS OF PECUNIARY INTEREST No declarations were made. SECTION A – FIRE /CULTURE, TOURISM AND SPECIAL EVENTS MATTERS (Referred to the Chair, Councillor C. Oschefski) 1.

FS-2016-03 Communications Upgrade, Sitecom Services Limited Your Committee reviewed a report dated October 11, 2016, from P. Ryan, Director of Fire Services / Fire Chief. Following a review of the report, your Committee recommended: That, further to Report FS-2016-03 dated October 11, 2016, the Fire Department be authorized to enter into an agreement with Sitecom Services Limited for the Communications Tower (Communications Upgrade) consistent with the terms outlined in Staff Report FS-2016-03.

SECTION B – OPERATIONS / ENGINEERING MATTERS (Referred to the Chair, Councillor P. File) 1.

ENG-2016-26 Engineering Development Design Standards: Sidewalks Your Committee reviewed a report dated September 9, 2016, from L. Quin, Summer Student, highlighting the results of a review of the Town’s current Development Design Standards related to the sidewalk set back distance from a curb. Following a review of the report, your Committee recommended: That, further to Report ENG-2016-26 dated September 9, 2016, staff be directed to forward the report to the Official Plan Review Steering Committee for review and consideration.

2.

ENG-2016-27 Easement Agreement – Tiffin by the Lake (Tiffin Phase 6) – Storm Drainage – Taylor Drive Your Committee reviewed a report dated September 26, 2016, from J. Galloway, Town Engineer. Following a review of the report, your Committee recommended: That further to Report ENG-2016-27 dated September 26, 2016, the Town enter into an easement with 1646551 Ontario Incorporated for Parts of Lot 9, 13 and 17 of Registered Plan 51M971 (Taylor Drive) for the purpose of accommodating a Storm Drainage Emergency Overflow Channel; and that the applicable By-law be presented for Council’s consideration to bring effect to this easement agreement.

SECTION C – ADMINISTRATIVE MATTERS (Referred to the Chair, Councillor J. Contin) 1.

ML-2016-11 Licensing By-law Your Committee reviewed a report dated October 6, 2016, from J. Reichheld, Municipal Law Enforcement Officer. Following a review of the report, your Committee recommended: That, further to Report MC-2016-11 dated October 6, 2016, staff be directed to bring forward the appropriate by-law providing for an amendment to Licensing By-law 2010-28 to the October Council meeting for consideration.

General Committee Report 2016-8

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October 11, 2016

2.

ML-2016-16 Harbour By-law Your Committee reviewed a report dated October 3, 2016, from J. Reichheld, Municipal Law Enforcement Officer, recommending that staff be directed to bring forward the draft Harbour By-law to the October Council meeting for consideration. Your Committee spoke to the broadness of issues covered under the by-law and recommended the by-law be amended to address only those issues of an imminent nature. Clerk Fay requested that members of Council provide any comments respecting the by-law to her via email for consideration in the final draft to be brought forward to the October Council meeting.

3.

ML-2016-17 Anti-Dumping By-law Your Committee reviewed a report dated October 3, 2016, from J. Reichheld, Municipal Law Enforcement Officer. Following a review of the report, your Committee recommended: That, further to Report ML-2016-17 dated October 3, 2016, staff be directed to bring forward the draft Anti-Dumping By-law to the October Council meeting for consideration.

4.

CL-2016-34 Midland Public Library By-law Your Committee reviewed a report dated September 18, 2016, from A. Fay, Director of Corporate Services/Clerk/Deputy CAO. Following a review of the report, your Committee recommended: That, further to Report CL-2016-34 dated September 18, 2016, staff be directed to present a by-law to retroactively establish the Midland Public Library and the Midland Public Library Board to the October Council meeting for consideration.

5.

CL-2016-36 Sale of Land to 973 and 979 Ingram Crescent Property Owners Your Committee reviewed a report dated September 30, 2016, from K. Desroches, Deputy Clerk. Following a review of the report, your Committee recommended:


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October 11, 2016

That, further to Report 2016-36 dated September 30, 2016, staff be directed to present the appropriate by-laws authorizing the sale of surplus land to John and Virginia Chiles (979 Ingram Crescent) and James Barrows (973 Ingram Crescent) to the October Council meeting for consideration. 6.

TR-2016-15 Deputy Treasurer Recruitment Your Committee received as information a report dated October 6, 2016, from S. Turnbull, Director of Finance/Treasurer. Based on a question raised by Council File regarding the need for formal approval of Council, the CAO advised that he would investigate and report back at the October Council meeting, if needed.

SECTION D – OTHER BUSINESS 1.

In response to a question raised by Councillor File, the Clerk advised that informational reports that normally appear on the General Committee, Council and Planning and Development Committee agenda and that require no action will be included instead in the Council Information Package (CIP). This is in keeping with the provisions of the CIP policy adopted by Council in 2014. The Clerk noted that Council members may, at any time, request that a CIP item be pulled and added to the “Correspondence” section of the next Council agenda.

2.

Councillor Strathearn spoke to the Aviva Community Fund challenge and noted that three proposals have been submitted for projects in Midland. Councillor Strathearn encouraged everyone to visit the Aviva website and vote for their favourite project.

Moved by J. Contin Seconded by G. Canning That this General Committee Meeting of Council adjourn at 8:55 p.m. CARRIED. A. Fay, Director of Corporate Services/Clerk/Deputy CAO


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October 11, 2016



PLANNING AND DEVELOPMENT COMMITTEE OF COUNCIL REPORT 2016-9 Report of the Planning and Development Committee of Council Meeting held Wednesday, October 5, 2016 at 7:25 p.m. in the Municipal Office Council Chambers.

Present:

Chair Councillor G. Canning Vice Chair Councillor G. MacDonald Deputy Mayor M. Ross Councillor J. Contin Councillor J. Main Councillor P. File Councillor S. Strathearn

Also Present:

Director of Planning and Building Services, W. Crown Executive Assistant, S. Edgar Marketing and Communications Coordinator, S. Cooper

Regrets:

Mayor G. McKay Councillor C. Oschefski

1. CALL TO ORDER The Chair called the meeting to Order at 7:25 p.m. The Chair read the introductory remarks respecting safety matters and respectful communication policies. 2. DECLARATIONS OF PECUNIARY INTEREST The Chair asked if there were any declarations of pecuniary interest. There were no declarations brought forward at this point. 3.

ITEMS FOR REVIEW/DISCUSSION

A)

Provincial Coordinated Review and Proposed Changes to the Growth Plan for the Greater Golden Horseshoe

The Committee had before it for consideration Staff Report PL-2016-58 dated September 26, 2016 with respect to the Provincial Coordinated Review and Proposed Changes to the Growth Plan for the Greater Golden Horseshoe. The Director of Planning and Building Services provided a summary and overview for Committee’s information. Following the review of the Report and lengthy discussion, the Committee recommended:

That the Planning and Development Committee of Council receive Staff Report PL2016-58 dated September 26, 2016 and that Council endorse the comments contained thereon as the comments and recommendations of the Town of Midland regarding the Provincial Coordinated Review and the Proposed Changes to the Growth Plan for the Greater Golden Horseshoe.

B)

Source Protection Plan

The Director of Planning and Building Services provided a verbal update regarding the Source Protection Plan and Official Plan Amendment OPA-01-14. As recommended at the September PDCC meeting, Staff met with the Source Protection Zoning By-law Appellant and his representatives so that they may provide their comments with respect to proposed County modifications to Source Protection OPA No. 6. To-date a resolution had not been reached. Committee had discussion regarding the process and next steps. Committee will be apprised as further developments warrant. 4.

FOR INFORMATION

A)

Building Report – August 2016 – Noted and Filed

B)

County of Simcoe – Average Market Rents – October 2016 – Noted and Filed

5.

OTHER BUSINESS

i)

January PDCC Meeting Date The Director of Planning and Building Services noted that the January PDCC meeting is scheduled for Wednesday, January 4, 2017. As a result of the Christmas closure it is requested that the meeting be rescheduled to Wednesday, January 11, 2017. The Town’s website and calendars will be changed accordingly. Committee had discussion and it was, Moved by: Councillor Main Seconded by: Deputy Mayor Ross That the Planning and Development Committee of Council meeting in January be rescheduled to Wednesday, January 11, 2017. CARRIED

ii)

OMB Reform The Director advised that the deadline for written comments and feedback on the OMB Reform are to be submitted no later than December 2016. Committee had discussion and determined that a Staff Report would not be necessary and that Council Members will provide their comments individually and independently to the Province.

PDCC Report 2016-9

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________ October 5, 2016

6.

ADJOURNMENT

On a Motion by Councillor MacDonald the meeting was adjourned at 8:45 p.m.

W. Crown, Director of Planning and Building Services A/Clerk

PDCC Report 2016-9

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________ October 5, 2016

STAFF REPORT DEPARTMENT/FUNCTION: Clerks CHAIR: Councillor J. Contin DATE:

October 13, 2016

REPORT NO.: CL-2016-39 Ontario Transfer Payment – Amending Agreement RECOMMENDATION: That Council confirm its acceptance of additional provincial funding to cover the shortfall in fundraising efforts associated with the 2016 Ontario 55+ Summer Games, and enact the appropriate by-law to authorize the Clerk and Mayor to execute the amending agreement. BACKGROUND: On August 24, 2015, Council passed By-law 2015-62 authorizing the entering into of an Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Tourism, Culture and Sport. Through this agreement the Town received from the Province $100,000 in funding to be used towards the cost of hosting the 2016 Ontario 55+ Summer Games held August 9 – 11, 2016. ANALYSIS: As a shortfall in fundraising efforts has resulted in a deficit, the Province has offered to provide an additional $30,000 in funding by way of an Amending Agreement. Accordingly, a by-law has been prepared to provide for an amendment to By-law 201562 and to authorize the Town to enter into Amending Agreement No. 1 (attached). COUNCIL’S STRATEGIC PLAN: Strengthen Existing Partnerships and Build New Alliances. FINANCIAL IMPACT: Acceptance of the funding will assist with cost recovery of the shortfall in fundraising efforts related to the 2016 Ontario 55+ Summer Games. Prepared by: Karen Desroches, Deputy Clerk Reviewed by: Andrea Fay, Director of Corporate Services/Clerk/Deputy CAO Approved by: John Skorobohacz, Chief Administrative Officer Attachment File: A09- Policies S:\Clerks\C00 Council & By-laws\C11 Reports to Council\2016\Joint Use Agreement - SCDSB.doc

Council Report CL-2016-39

1 October 24, 2016

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-76 A by-law to amend By-law 2015-62 being a by-law to authorize the entering into of an Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Tourism, Culture and Sport. WHEREAS the Council for the Corporation of the Town of Midland adopted By-law 2015-62 on August 24, 2015 which authorized the entering into of an Ontario Transfer Payment Agreement for funding towards the cost of hosting the 2016 Ontario 55+ Summer Games; AND WHEREAS a shortfall in fundraising efforts resulted in a deficit for the Town of Midland; AND WHEREAS, in consideration of the deficit, the Province of Ontario wishes to provide additional funding to the Town of Midland to cover a portion of the shortfall in fundraising efforts; AND WHEREAS Council deems it expedient to enter into an Amending Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Tourism, Culture and Sport for the provision of additional funding to offset the shortfall; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

That By-law 2015-62 be amended by inserting the Amending Agreement No. 1 attached hereto as Appendix “B” being an Agreement between Her Majesty the Queen in right of Ontario, as represented by the Ministry of Tourism, Culture and Sport and the Corporation of the Town of Midland for the provision of additional funding.

2.

That the Mayor and Clerk be authorized to duly execute the said Amending Agreement on behalf of the Corporation and affix thereto the Corporate seal.

3.

That this by-law shall come into force and effect on the final passage thereof.

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF OCTOBER 2016. THE CORPORATION OF THE TOWN OF MIDLAND

_________________________________ MAYOR

_________________________________ CLERK

This Amending Agreement No.1 effective as of the

8th

day of August, 2016

BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the enter the Minister of Tourism, Culture and Sport (the “Province”) -

and

-

The Corporation of the Town of Midland (the “Recipient”)

BACKGROUND 1. 2. 3.

The Province and the Recipient entered into an agreement effective as of the 1 5th day of July 2015 for the provision of funding to the Recipient to host the 2016 Ontario 55+ Summer Games (the “Agreement”). The Province wishes to provide additional funding to the Recipient for the 2016 Ontario 55+ Summer Games in order to cover a shortfall in fundraising efforts. The Parties wish to amend the Agreement in the manner set out in this Amending Agreement No 1.

IN CONSIDERATION of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

1.

The Maximum Funds amount of “$100,000” in Schedule “B” of the Agreement is deleted and replaced with “$130,000”.

2.

Schedule “D” of the Agreement is deleted and replaced with Schedule “D-1”, attached to this Amending Agreement No.1 as Appendix “1”.

3.

Schedule “E” of the Agreement is deleted and replaced with Schedule “E-1”, attached to this Amending Agreement No.1 as Appendix “2”.

4.

This Amending Agreement No.1 shall be effective as of the first date written above.

5.

Except for the amendments provided for in this Amending Agreement No.1, all provisions in the Agreement shall remain in full force and effect.

The Parties have executed this Amending Agreement No. 1 on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Tourism, Culture and Sport

Name: Susan Golets Title: Director, Sport, Recreation and Community Programs

Date

The Corporation of the Town of Midland

Name: Gord McKay Title: Mayor

Date

Name: Andrea Fay Title: Clerk

Date

I/We have authority to bind the Recipient.

Appendix “1” Attached to and forming part of this Amending Agreement No.1 between the Province and the Recipient made effective as of the 8th day of August 2016.

Attached to and forming part of the Agreement between the Province and the Recipient made effective the 1 5thi day of July, 2015.

SCHEDULE “0-1” BUDGET This Schedule has been revised to accommodate the Recipient’s request for additional funding in the amount of $30,000 to cover a shortfall in fundraising efforts.

2016 ONTARIO 55+ SUMMER GAMES REVISED BUDGET (JULY 3, 2016) REVENUE (a) Provincial Contributors (b) Municipal Contributors (c) Registration Fees (d) Sponsorships (e) Grants (f) Souvenir Sales ci) Facilities In-Kind

BUDGET 180000

85,000 240,000 40,000 100,000 5,000 20,000 670,000

EXPENSES

BUDGET

(a) Accommodations (b) Administration & Finance (c) Food Services (e) Registration (f) Transportation (g) Sports Technical (h) Medical (i) Volunteers (j) Information Technology (k) Promotions & Communications (I) Special Events (m) Security & Logistics (n) Contract Games Manager

190,000 10,500 1 10,000 3,000 70,000 60,000 2,500 8,000 4,000 13,000 48,000 14,000 70,000

(o) Travel Subsidy

40,000

(p) Facilities In-Kind

20,000

(q) Facilities Rentals

5,000

(r) Souvenirs

2,000

670,000

Appendix “2” Attached to and forming part of this Amending Agreement No. 1 between the Province and the Recipient made effective the 8th day of August 2016.

SCHEDULE “E-1” PAYMENT PLAN Attached to and forming part of the Agreement between the Province and the Recipient made effective the 2016

15th

day of July,

2016 Ontario 55+ Summer Games

Payment Schedule, Key Deliverables & Indicators Timeline February 10, 2015 January20, 2015 Within 2 months of signing the hosting agreement

By 10 months out from the Games

By 8 months out from the Games By 6 months out from the Games

Key Deliverable

Key Indicators

N/A

N/A

$25,000*

N/A Form Games Organizing Committee Provide Certificate of Insurance Hire General Manager Secure office space for General Manager Submit budget for Ministry approval

N/A Provide Games Organizing Committee list including names and contact information Provide a copy of the Certificate of Insurance Contract in place with General Manager Provide address of office space Budget received

$25,000* $20,000

Secure accommodation contracts Secure sport venue contracts Launch website Create sponsorship package with target sponsor list Launch volunteer registration system Secure transportation provider Identify Sport Leads Secured required medical personnel Create meal schedule Create transportation schedule Secure vendors for Opening Ceremonies Identified accommodation allocation Secure required sport equipment Secure food service contracts

Provide copies of accommodation contracts Provide copies of sport venue contracts Website is live Provide a copy of sponsorship package to MTCS (must be approved by MTCS) with list of sponsors being approached System launched Provide copy of contract with transportation provider Provide Sport Lead list with names and contact information Provide names and positions of medical personnel Provide meal schedule Provide transportation schedule Provide copies of contracts with vendors Provide list of accommodation allocation Identify sport equipment, equipment provider and contact information

$15,000

$10,000 $15,000


Within 2 weeks after the Games

Launch participant registration system Secure medal provider Secure Games Headquarters Establish agenda for Opening Ceremonies Host Sport Lead Technical Meeting Secure signed amending agreement Receive an update on the sponsorship

Within 4 months after Submit satisfactory final report Games * Payment received from Sport Alliance of Ontario

Provide copies of food service contracts System launched Provide contract for medal provider Identify address for Games Headquarters Provide agenda for Opening Ceremonies Identify dates and deliver Sport Lead meeting Provide a full executed amending agreement Provide schedule of sponsors with contracted amending amounts Report received and approved by MTCS

$30,000

$30,000 $10,000

STAFF REPORT

DEPARTMENT: Clerks CHAIR:

Councillor J. Contin

DATE:

October 19, 2016

SUBJECT: CL-2016-42 Southern Georgian Bay Farmers’ Markets – Indoor/Outdoor Farmers Markets RECOMMENDATION: That Council approve the agreement regarding the continuation of the Indoor and Outdoor Farmers Markets and enact the supporting by-law. BACKGROUND: On October 27, 2015, the Town entered into an agreement by way of by-law 2015-80 with the Southern Georgian Bay Farmers’ Markets to operate an Indoor Farmers Market at Huronia Museum. On December 14, 2015, the Town entered into an agreement by-way of by-law 2015-88 with the Southern Georgian Bay Farmers’ Markets to operate an Outdoor Farmers Market at 526 Bay Street. ANALYSIS: Under the Terms of each Agreement, the Operator may enter into a new agreement if it is their desire to continue the market for an additional term. The event organizer has been in contact with staff regarding continuation of the agreement and has submitted the applicable Farmers Market Licence Application Form. In the past Council has considered indoor and outdoor events operated by the same event organizer to be one event. Considering the events as one would eliminate the need for the event organizer to submit two separate licence applications (indoor and outdoor) and would reduce the amount of administrative paperwork required by staff (reports, by-laws and agreements). As both the indoor and outdoor Farmers Markets are running consecutively, staff recommends that one by-law and agreement be entered into for a one year term with the option of renewing annually for an additional year through a written request prior to expiration of the Agreement.

Council October 24, 2016

1 Southern Georgian Bay Farmers’ Markets Indoor/Outdoor Farmers Markets

Attached please find the draft agreement which includes both the indoor and outdoor markets. The Southern Georgian Bay Farmers’ Markets would be required to pay the annual license fee of $520 prior to entering into the agreement. This agreement would cover a one year term from October 16, 2016 to October 9, 2017. COUNCIL’S STRATEGIC PLAN: Strengthen Existing Partnerships and Build New Alliances. FINANCIAL IMPACT: The Town will receive $520 being the annual license fee. Prepared by: Karen Desroches, Deputy Clerk Reviewed by: Andrea Fay, Director of Corporate Services/Clerk/Deputy CAO Approved by: John Skorobohacz, Chief Administrative Officer Attachments

Council October 24, 2016

2 Southern Georgian Bay Farmers’ Markets Indoor/Outdoor Farmers Markets

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-XX A By-law to authorize the entering into of an agreement between the Corporation of the Town of Midland and Southern Georgian Bay Farmers’ Markets to provide for an Indoor and Outdoor Farmers Market for 2016-17 WHEREAS The Municipal Act, 2001, S.O. 2001, c.25, Section 8, provides a municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Act or any other Act; AND WHEREAS Council deems it expedient to enter into an agreement with Southern Georgian Bay Farmers’ Markets to provide for an Outdoor Farmers Market at 526 Bay Street and an Indoor Farmers Market at Huronia Museum;

ra ft

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

That the Agreement attached hereto as Schedule “A” and forming part of this bylaw be entered into between Southern Georgian Bay Farmers’ Market and the Corporation of the Town of Midland;

2.

That the Mayor and Clerk are hereby authorized to execute the said Agreement on behalf of the Corporation and to attach thereto the Corporate Seal;

3.


D

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF OCTOBER, 2016. THE CORPORATION OF THE TOWN OF MIDLAND

______________________________ MAYOR

______________________________ CLERK

Schedule “A” Farmers Market Agreement Made this 24th day of October, 2016 BETWEEN: THE CORPORATION OF THE TOWN OF MIDLAND (hereinafter referred to as “The Town”) AND SOUTHERN GEORGIAN BAY FARMERS’ MARKETS (hereinafter referred to as “The Operator”) WHEREAS the Operator obtained two consecutive Farmers Market Licences and related agreements to operate an Indoor Farmers Market at Huronia Museum and an Outdoor Farmers Market at 526 Bay Street for the 2015-16 season;

ra ft

AND WHEREAS the Town received a request from the Operator to continue the Outdoor and Indoor Farmers Market within the Town of Midland under a combined agreement; NOW THEREFORE this agreement witness that the parties agree hereto as follows: TOWN’S RESPONSIBILITIES

The Town’s responsibilities will be as follows:

The Town agrees to provide space at Huronia Museum as indicated on Appendix “A” to this Agreement for the use of a Farmers Market between the hours of 8:30 am and 1:30 pm on Sundays, including set-up, take-down and clean-up, from the Sunday following Thanksgiving weekend to the Sunday of the Victoria Day weekend.

b)

The Town agrees to provide space at 526 Bay Street as indicated on Appendix “B” to this Agreement for the use of a Farmers Market between the hours of 8:30 am and 1:30 pm on Sunday, including set-up, take-down and clean-up, from the Sunday following the Victoria Day weekend to the Sunday of Thanksgiving weekend.

D

a)

OPERATOR’S RESPONSIBILITIES The Operator’s responsibilities will be as follows: (a)

The Operator will be responsible for the overall operation of the Market.

The Operator shall provide the Town with an Insurance Certificate naming the Town as an additional insured with a minimum of $2,000,000.00 commercial liability coverage 20 days in advance of the anticipated start date. It shall be the Operator’s responsibility to make the necessary arrangements to provide this Insurance Certificate to the Town.

(c)

The Operator shall obtain a Farmers Market License from the Town for the operation of the Market. It shall be the Operator’s responsibility to make the necessary arrangements to make application and complete the necessary requirements to obtain a Farmers Market License.

(d)

The Operator shall comply with all requirements of the Farmers Market License and this Agreement. It shall be the Operator’s responsibility to ensure that all members of the Farmer’s Market are aware of the requirements and address any issues of non-compliance upon notice by the Town.

(e)

The Operator shall ensure that all certificates of approval that may be required from various agencies such as the Simcoe Muskoka District Health Department have been obtained from its members. A copy of all Health Unit permits must be displayed at the market and provided to the Operator and the Municipal Law Enforcement Officer for their records prior to a vendor’s arrival at the Farmer’s Market site.

(f)

The Operator shall ensure that all outdoor market vendors are located within the approved area shown on Appendix “A” and Appendix “B”. It shall be the responsibility of the Operator to relocate within the approved area, any vendors who set up, or attempt to set up, their booth outside the approved area.

D

(g)

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(b)

The Operator shall submit a complete list of vendors that have been at the markets over the term of the agreement to the Town, at the end of the agreement. The Town shall not use this list for any unauthorized purpose other than contact from the Town to the vendors.

(h)

The Operator shall operate the Farmers Market under the terms of the Farm Markets of Ontario Rules and Regulations.

(i)

The Operator shall ensure that the market vendors are restricted to Simcoe County at which the majority of producers of farm products are primarily selling or offering for sale their own products. No vendors shall resell food products produced by others.

(j)

The Operator shall submit their declaration and financial statement as soon as practical following their year-end.

(k)

The Operator shall not provide live animal sales of any kind, with or without compensation. In the event a vendor sells or gives away or attempts to sell or give away any live animal, the Operator shall immediately advise the vendor to cease the prohibited activity.

The Operator may only operate within the designated hours. The Operator shall ensure that the site is cleaned up and returned to its previous state within one half hour of the Farmers Market closing.

(m)

The Operator shall be responsible for the removal and proper disposal of any waste generated by the Farmers Market. It shall be the responsibility of the Operator to ensure that all waste is removed within one half hour of the Farmers Market closing.

(n)

The Operator is permitted to place signage at the two entrances to 526 Bay Street for the outdoor market. The Operator is permitted to place signage at two locations for the indoor market. The temporary signage shall be erected at 8:30 am on market day and removed by 1:30 pm the same day. The signs are to be professionally designed and manufactured to promote the Farmers Market. All signage is subject to restrictions under the Sign By-law, the Ontario Building Code, and any other relevant legislation. The Municipal Law Enforcement Officer shall approve the specific location of the signage. Any related permits and costs are the responsibility of the Operator.

ra ft

(l)

TERM OF AGREEMENT

The term of the Agreement shall be from October 16, 2016 to October 9, 2017. Termination of the Agreement will take place on October 9, 2017. In the event that the Operator wishes to enter into a new Agreement, the Operator shall submit a request in writing, prior to the termination of this Agreement indicating the Operator’s desire to continue the market for the 2017/2018 season.

(b)

In the event that the Operator does not submit their request to the Town, the Town may enter into an Agreement with another party for 2017/2018 and the Operator’s Farmers Market may be discontinued without notice.

(c)

(d)

D

(a)

The Town reserves the right at its discretion to change the location of the Farmers Market provided that notice is given 14 days in advance to the Operator. The Town reserves the right to terminate this agreement at any time should the Operator not abide by their responsibilities as outlined within this agreement.

DISPUTE RESOLUTION (a) In case of a dispute between the Town and the Operator, the Municipal Law Enforcement Officer or their designate will convene a meeting between two representatives of the Town and the Operator to identity, discuss and come to a fair and amicable solution to the dispute. In the event that a mutually agreeable solution cannot be reached, Council as represented by the Administration Section is the final arbitrator and its decision shall be final.

EMERGENCY CANCELLATION (a)

The Town reserves the right to cancel the Farmers Market operation in the event of a declared emergency under the Emergency Management and Civil Protection Act or such other event which requires the market use to be cancelled for public health, safety or security reasons. No liability will be incurred by the Town of Midland, its agents or employees, by reason of such cancellation.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement.

Date: ________________

____________________ Steve Foster

ra ft

____________________ Doug Gullett


D

Date: _________________

_____________________ Mayor

_____________________ Clerk

Appendix "A" ENTRANCE OFFICES

HURONIA MUSEUM OCTOBER 2013

WM. W/R COLLECTIONS RETAIL COLLECTION STORAGE

RESEARCH / ARCHIVES

W/R

RETAIL STORAGE

LUNCH

EXIT

GALLERY GENERAL EXHIBIT DISPLAY HALL

NATIVE

WAR EXIT

STORAGE

EXIT

Appendix "B"

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-70 A BY-LAW TO AUTHORIZE CERTAIN NEW CAPITAL WORKS OF THE CORPORATION OF THE TOWN OF MIDLAND (THE “MUNICIPALITY”); TO AUTHORIZE THE SUBMISSION OF AN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (“OILC”) FOR FINANCING SUCH CAPITAL WORKS; TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH WORKS; AND TO AUTHORIZE LONG TERM BORROWING FOR SUCH WORKS THROUGH THE ISSUE OF DEBENTURES TO OILC WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the “Act”) provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS it is now deemed to be expedient to authorize for the purposes of the Municipality the new capital work(s) described in column (2) of Schedule “A” (individually a “Capital Work”, collectively the “Capital Works”, as the case may be) attached hereto and forming part of this By-law (“Schedule “A”) in the amount of the respective estimated expenditure set out in column (3) of Schedule “A”, subject in each case to approval by OILC of the financing for such Capital Work(s) that will be requested by the Municipality in the Application as hereinafter defined; AND WHEREAS in accordance with section 4 of Ontario Regulation 403/02 (the “Regulation”), the Council of the Municipality had its Treasurer calculate an updated limit in respect of its most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the “Updated Limit”), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) of Schedule “A” (the “Authorized Expenditure” for any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, (collectively the “Estimated Annual Amount Payable”) and determined that the Estimated Annual Amount Payable does not cause the Municipality to exceed the Updated Limit, and accordingly the approval of the Ontario Municipal Board pursuant to the Regulation, is not required before any such Capital Work is authorized by the Council of the Municipality; AND WHEREAS subsection 405(1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, the municipality is an upper-tier municipality, a lower-tier municipality in a county or a single-tier municipality and it has approved the issue of debentures for the work; AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREAS the Act also provides that a municipality shall authorize long term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act; AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary and long term debt financing in order to meet capital expenditures incurred on or after January 1,

By-law 2016-70

Page 2

2004 in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application on the form provided by OILC; AND WHEREAS the Municipality has completed and submitted an application to OILC (the “Application”) to request financing for the Capital Work(s) by way of long term borrowing through the issue of debentures to OILC and by way of temporary borrowing from OILC pending the issue of such debentures; AND WHEREAS OILC has accepted and has approved the Application; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC for the financing of the Capital Work(s) in the maximum aggregate principal amount of $7,980,000 substantially in the form of Schedule “B” hereto and forming part of this By-law, with such changes thereon as such authorized official may hereafter approve, such execution and delivery to be conclusive evidence of such approval.

2.

(a)

The undertaking of the Capital Work or of each Capital Work, as the case may be, in the amount of the respective estimated Authorized Expenditure set out in column (3) of Schedule “A” is hereby approved and authorized;

(b)

any one or more of the Mayor and the Treasurer are hereby authorized to conclude contracts on behalf of the Municipality for the undertaking of the Capital Work or of each Capital Work, as the case may be, in accordance with the Municipality’s usual protocol;

(c)

where applicable, the Engineer of the Municipality will forthwith make such plans, profiles and specifications and furnish such information as in the opinion of the Engineer are necessary for the undertaking of the Capital Work or of each Capital Work, as the case may be; and

(d)

where applicable, the undertaking of the Capital Work or of each Capital Work, as the case may be, shall be carried on and executed under the superintendence and according to the direction and orders of such Engineer.

3.

The Mayor and the Treasurer are hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Municipality a financing agreement (a “Financing Agreement”) with OILC that provides for temporary and long term borrowing from OILC in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval.

4.

The Mayor and/or the Treasurer are hereby authorized, pending the substantial completion the Capital Work or each Capital Work, as the case may be, or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree, and to sign such evidence of indebtedness as OILC may require (the “Note”) and to deliver the Note to OILC, such execution and delivery to be conclusive evidence of such agreement; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings

By-law 2016-70

Page 3

allocated to the Capital Work or to each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule “A” in respect of such Capital Work. 5.

Subject to the terms and conditions of the Financing Agreement and such other terms and conditions as OILC may otherwise require, the Mayor and the Treasurer are hereby authorized to long term borrow for the Capital Work(s) and to issue debentures to OILC on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree (the “Debentures”); provided that the principal amount of the Debentures issued in respect of the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule “A” in respect of such Capital Work.

6.

In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, as security for the payment by the Municipality of the indebtedness of the Municipality to OILC under the Note and/or the Debentures, as the case may be (the “Obligations”), the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay OILC on account of the Obligations and to pay such amounts to OILC from the Consolidated Revenue Fund.

7.

For the purposes of meeting the Obligations, the Municipality shall provide for raising in each year as part of the general levy, the amounts of principal and interest payable in each year under the Note and/or any outstanding Debenture, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality.

8.

(a)

The Mayor and/or the Treasurer are hereby authorized to execute and deliver the Note, the Mayor and the Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, and to issue the Debentures, one or more of the Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the Obligations of the Municipality under the Financing Agreement and to execute and deliver the Note and to issue the Debentures, and the Treasurer is authorized to affix the Municipality’s municipal seal to any such documents and papers.

(b)

The money realized in respect of the Note and the Debentures, including any premium, and any earnings derived from the investment of that money, after providing for the expenses related to the execution and delivery of the Note and to the issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act.

By-law 2016-70 9.

Page 4


BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF OCTOBER, 2016 THE CORPORATION OF THE TOWN OF MIDLAND

___________________________________________ MAYOR

____________________________________________ CLERK

By-law 2016-70

Page 5

Schedule “A” to By-Law 2016-70 (1)

(1)

(3)

(4)

Project Number

Description of Capital Works: New Operations Centre Agreement with Chamberlain Architect Services to provide Architectural design Services Structural Design Services (MTE Consultants) Mechanical & Electrical Design Services (Jain Sustainability) Site Preparation (Duivenvoorden Haulage)

Estimated Expenditure $80,450

Loan Amount

$47,600

$47,600

$45,500

$45,500

$163,499

$163,499

Atlas Corporation

$119,400

$119,400

Agreements with various Sub-trades for the construction Agreements with various Sub-trades for the construction Remaining works to complete Construction TOTAL

$4,605,949

$4,605,949

$442,168

$442,168

$2,475,434 $7,980,000

$2,475,434 $7,980,000

By-law 2015-41 Resolution Number 2015-400 Resolution Number 2015-401 Resolution Number 2015-498 Resolution Number 2016-84 By-law 2016-36 Pending By-law

$80,450

By-law 2016-70

Page 6

Schedule “B” to By-Law 2016-70

Webloans Loan Application PDF 1118

FA Number

Midland, The Corporation of The Town of

Application for

Projects ID

SIT Project ID

Project Name

Construction/Purchase Start

Construction/Purchase End

59

1

Operations Depot

07-04-2016

07-31-2017

Project Cost

OILC Loan Amount

$7,980,000.00

7,980,000.00

Details of Project Operations Depot Project Category Work Type

Municipal Other Infrastructure Others

Other Description Project Name

Operations Depot for Roads and Parks divisions Operations Depot

Construction/Purchase Start

2016-07-04

Construction/Purchase End

2017-07-31

Energy Conservation Project Address 1

1099 MacDonald Road

Project Address 2 City / Town Province

Midland ON

Postal Code Description

Depot site includes: offices for divisional staff, an 8 double bay garage comprised of 3 mechanics bays, 3.5 storage bays, 0.5 weld shop bay and 1 wash bay, a building for salt & sand storage and another for cold storage for equipment, a parks workshop and small ancillary buildings

Comments and/or Special Requests

Project Life Span (Years)

50

Project Financial Information $7,980,000.00

Project Cost (A) Other Project Funding / Financing (B):

$0.00

Other Project Funding/Financing Total (B)

$7,980,000.00

OILC Loan Amount (A-B)

Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Required Date

2016-11-30 Long-term Borrowing Total

Amount

Term

$7,980,000.00

30

$7,980,000.00

Type

Amortizing

By-law 2016-70

Page 7

Debt and Re-payments Summary Has there been any new/undisclosed debt acquired since last FIR was submitted? Please describe any re-financing plans for any existing "interest only" debt, if applicable.

Yes No

Non Re-payments of Loans or Debenture In the last 10 years, has the borrower ever failed to make a loan payment or debenture repayment on time to any lender, including the Provincial Government? If yes, please provide details.

OILC Loan Repayment Information Please indicate the source(s) of revenue you plan to use to repay the OILC Loan Taxation

100.00

User Fees

0.00

Service Charges

0.00

Development Charges

0.00

Connection Fees

0.00

Repayment Subsidies

0.00

Other Total

100.00%

Documentation and Acknowledgements Please ensure all required documents are submitted with the signed application. OILC requires originals as noted below to be mailed or couriered. Also, please retain a copy of all documents submitted to OILC for your records. To obtain templates for documents see listed below. Loan Application Signature Page signed and dated by the appropriate individual (original to be submitted) Certificate and sealed copy of OILC template By-Law authorizing project borrowing and applying for a loan (original with seal) Certificate of Treasurer Regarding Litigation using the OILC template (original, signed & sealed) Updated Certified Annual Repayment Limit Calculation (original)

I acknowledge and agree that all of the above referenced documents must be submitted in the form required by OILC and understand that the application will not be processed until such documents have been fully completed and received by Infrastructure Ontario. Please note: OILC retains the right to request and review any additional information or documents at its discretion. Confidential Information OILC is an institution to which the Freedom of Information and Protection of Privacy Act (Ontario) applies. Information and supporting documents submitted by the Borrower to process the loan application will be kept secure and confidential, subject to any applicable laws or rules of a court or tribunal having jurisdiction.

Infrastructure Ontario, Copyright © Queen’s Printer for Ontario, 2016

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW NO. 2016-71 A By-law to authorize the Town to enter into an Easement Agreement with 1646551 Ontario Incorporated to accommodate a Storm Draining Emergency Overflow Channel. WHEREAS The Corporation of the Town of Midland has approached 1646551 Ontario Incorporated and requested an easement on lands described as Parts of Lots 9, 13 and 17, Registered Plan 51M-971, Town of Midland, County of Simcoe, more particularly described as Plan 51R-40499 Part 1 – Comprising Part of P.I.N. 58475-0721(LT) being 565 Taylor Drive; Part 2 Comprising Part of P.I.N. 58475-0716(LT) being 589 Taylor Drive, and Part 3 Comprising Part of P.I.N. 58475-0720(LT) being 613 Taylor Drive to accommodate a Storm Drainage Emergency Overflow Channel; AND WHEREAS 1646551 Ontario Inc. has agreed to grant an easement in favour of The Corporation of the Town of Midland over Parts of Lots 9, 13 and 17, Registered Plan 51M-971, Town of Midland, County of Simcoe, more particularly described as Plan 51R-40499 Part 1 – Comprising Part of P.I.N. 58475-0721(LT) being 565 Taylor Drive; Part 2 Comprising Part of P.I.N. 58475-0716(LT) being 589 Taylor Drive, and Part 3 Comprising Part of P.I.N. 58475-0720(LT) being 613 Taylor Drive to accommodate a Storm Draining Emergency Overflow Channel; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1. That Council herein authorizes the entering into of an Easement Agreement between the Town of Midland and 1646551 Ontario Inc. in respect of the lands described as Parts of Lots 9, 13 and 17, Registered Plan 51M-971, Town of Midland, County of Simcoe, more particularly described as Plan 51R-40499 Part 1 – Comprising Part of P.I.N. 58475-0721(LT) being 565 Taylor Drive; Part 2 Comprising Part of P.I.N. 58475-0716 (LT) being 589 Taylor Drive, and Part 3 Comprising Part of P.I.N. 58475-0720 (LT) being 613 Taylor Drive to accommodate a Storm Drainage Emergency Overflow Channel; 2.

That the Mayor and Clerk be authorized to duly execute the said Agreement on behalf of the Corporation and affix thereto the Corporate seal;

3.

That this By-law shall come into full force and effect immediately upon final passage.

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24th DAY OF OCTOBER, 2016. THE CORPORATION OF THE TOWN OF MIDLAND

Mayor

Clerk

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-72 A by-law to retroactively establish the Midland Public Library and the Midland Public Library Board WHEREAS Section 3 of the Public Libraries Act, R.S.O. 1990, c.P.44 provides that the Council of a municipality may, by by-law, establish a public library; AND WHEREAS Staff were unable to locate the initial by-law that established the public library within the Town of Midland said by-law having been passed in and around 1880; AND WHEREAS Council deems it expedient to pass a by-law related to the establishment of the Midland Public Library; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1. DEFINITIONS For the purpose of this by-law, the following definitions shall apply: a) “Council” means the Council of the Corporation of the Town of Midland. b) “Board” means the Midland Public Library Board. c) “Act” means the Public Libraries Act, R.S.O. 1990, c.P.44 and any amendments and regulation thereto; 2. ESTABLISHMENT, AUTHORITY AND PURPOSE a) That Council acknowledges the establishment of the Midland Public Library in 1880 and hereby retroactively establishes a Board to be known as the “Midland Public Library Board” under the authority of the Public Libraries Act, R.S.O. 1990, c.P.44. b) That the Board shall be composed of nine (9) persons appointed by Council of whom one (1) shall be a member of the said Council, seven (7) of whom shall be citizen appointees who reside within the Town of Midland and one (1) shall be a citizen appointee who resides within the Township of Tiny and is recommended by the Council of the Township of Tiny. The members shall appoint a Chair from the seven (7) citizen members who reside within the Town of Midland. c) That the Board shall employ a Chief Executive Officer/Chief Librarian, who shall have supervision over and direction of the operations of the public library and its staff, shall attend Board meetings and shall have other powers and duties as assigned by the Board. d) That the Board will perform all duties and exercise all powers imposed upon it by the Act. e) That in the event of a conflict between the provisions of this by-law and the Public Libraries Act, R.S.O. 1990, chapter P44, the provisions of the Act prevail.

3. ENACTMENT a) That this by-law shall come into force and effect on the final passage thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24th day of OCTOBER 2016. THE CORPORATION OF THE TOWN OF MIDLAND

___________________________________________ MAYOR

___________________________________________ CLERK

CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-73 A by-law to prohibit the throwing, placing, depositing or otherwise leaving refuse, debris and other items on private property and the property of the Corporation of the Town of Midland without authority from the owner or occupant of such property and to prohibit and regulate public nuisances and to repeal by-law 2015-73 WHEREAS s. 127 of the Municipal Act, 2001, S.O. 2001 c.25 empowers the Councils of local municipalities to prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; and define “refuse” for the purpose of this section; AND WHEREAS s. 128 of the Municipal Act, 2001, S.O. 2001 c.25 empowers the Councils of local municipalities to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances; AND WHEREAS s. 10 and 11 of the Municipal Act, 2001, S.O. 2001 c.25 empower a Municipality to enact by-laws for the the health, safety and well-being of persons and economic, social and environmental well-being of the municipality; AND WHEREAS the Council of The Corporation of the Town of Midland has deemed it expedient to jointly, with the County, administer the power to control the dumping of certain waste within the corporate limits of the Town of Midland; AND WHEREAS the Council of The Corporation of the Town of Midland has deemed that the throwing, placing, depositing or otherwise leaving refuse, debris and other items on private property and the property of the Corporation of The Town of Midland, are or could become or cause public nuisances or otherwise affect the health, safety and wellbeing of persons, or affect the social and environmental well-being of the municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

DEFINITIONS For the purpose of this by-law, the following definitions shall apply: (a) "Agricultural Waste" means waste, other than sewage and organic waste, resulting from farm operations, including animal husbandry and where a farm operation is carried on in respect of food packing, food preserving, animal slaughtering or meat packing, includes the waste from farm operations. (b) “Council” means the Council of The Corporation of the Town of Midland. (c) "Derelict Vehicle" means a vehicle that is: i) inoperable; or ii) has no market value as a means of transportation; or iii) has a market value as a means of transportation that is less than the cost of repairs required to put it into operable condition; or iv) is unlicensed for the current year.

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(d) "Liquid Industrial Waste" means liquid waste that results from industrial processes or manufacturing or commercial operations. (e) “Municipal Land” includes any building, land, open space, enclosed space, parkland, shoreline or water in the ownership, care, control or custody of the Town of Midland. (f) "Municipal Law Enforcement Officer" means a person appointed by by-law as a Municipal Law Enforcement Officer by the Council of The Corporation of the Town of Midland. (g) "Owner" includes an assessed owner, tenant, occupant or any person having an interest whether equitable or legal in land. (h) "Person" means any human being, association, firm, partnership, private club, incorporated company, corporation, government agency or authority, agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to the by-law. (i) "Private Property" means real property owned by a person(s) or corporation(s) other than a municipal corporation and within the Town as defined herein. (j) "Refuse or Debris” means: i) ii) iii) iii) iv) v) vi) vii) viii) ix)

soil, earth, turf, any form of garden waste including, leaves and brush, bushes, trees or tree cuttings, plant or plant cuttings, litter, ashes, garbage, rubbish; building materials, used vehicle parts, tires, scrap, scrap metal or junk; paper, cardboard, tin cans, bottles, boxes or other containers; vehicles, derelict vehicles, vehicle parts; machinery, appliances and furnishings (both household and commercial); solid industrial waste, liquid industrial waste, agricultural waste or sewage; household or other waste; recreational equipment or toys; electrical appliances;

and includes any component or constituent part of or packaging material of any of the foregoing and other item specifically referenced or incorporated by reference in the definitions section of this by-law. (j) "Sewage" means any liquid or solid waste containing human, animal, vegetable or mineral matter in suspension or a solution. (k) "Solid Industrial Waste" means waste from an enterprise or activity involving warehousing, storage or industrial manufacturing or commercial processes or operations; or

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i) research or an experimental enterprise or activity; or ii) clinics that provide medical diagnosis or treatment; or iii) schools, laboratories or hospitals. (l) “Town” means The Corporation of the Town of Midland. (m) "Vehicle" includes any motor vehicle within the meaning of The Highway Traffic Act, R.S.O. 1990 c.H.8 of Ontario, trailer, commercial motor vehicle, an automobile, motorcycle, motor assisted bicycle, a motorized snow vehicle, traction engine, farm tractor, aircraft, boat, watercraft, motorized snow mobile, self-propelled implement of husbandry, road building machine and any other vehicle propelled or driven otherwise than by muscular power, whether operable or inoperable, or any part or parts thereof. (n) "Waste" means the same as “refuse or debris.” 2.

3.

OFFENCES (a)

No person shall leave, throw, place, deposit, store permanently or temporarily, any refuse or debris (and for the avoidance of doubt any item set out in the definitions section of this by-law) on private property or municipal land without authority from the owner or lawful occupant of such property.

(b)

No person shall leave, allow or permit to remain, permanently or temporarily, any refuse or debris (and for the avoidance of doubt any item set out in the definitions section of this by-law) on private property or municipal land without authority from the owner or lawful occupant of such property.

PENALTIES: (a)

Every person who contravenes any of the provisions of this by-law and every Director or Officer of a Corporation, who knowingly concurs in the contravention by the Corporation, is guilty of an offence under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.

(b)

Every person who contravenes the provisions of this by-law and every Director or Officer of a Corporation who knowingly concurs in the contraventions by the Corporation is guilty of an offence and liable on conviction to a penalty where the minimum fine shall not be less than $500 and the maximum shall not exceed $100,000 exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.

(c)

For the purpose of continuous offences, every person who contravenes any provision of this by-law and every Director or Officer of a Corporation who knowingly concurs in the contravention of a by-law of the Corporation is guilty of an offence and liable on conviction to a penalty not exceeding $10,000, exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.

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(i) Despite section 4(c) and the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the total of all daily fines for the offence is not limited to $100,000. (d)

For the purpose of multiple offences, every person who contravenes any provision of this by-law and every Director or Officer of a Corporation who knowingly concurs in the contravention of a by-law of the Corporation is guilty of an offence and liable on conviction to a penalty not exceeding $10,000, exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. (i) Despite section 4(d) and the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the total of all daily fines for the offence is not limited to $100,000.

4.

SHORT FORM TITLE: That this by-law be referred to as the "Anti-Dumping and Public Nuisance By-law”.

5.

SEVERABILITY: That every provision of this by-law is declared to be severable from the remainder of the by-law and if any provision of this by-law shall be declared invalid by a court of competent jurisdiction such declaration shall not affect the validity of the remainder thereof.

6.

INTERPRETATION: a) References to items in the plural include the singular, as applicable. b) "May" shall be construed as permissive. c) "Shall" shall be construed as imperative.

7.

ADMINISTRATION AND ENFORCEMENT (a) This by-law shall be administered by the Municipal Law Enforcement Officer of the Town. (b) This by-law shall be enforced by the Municipal Law Enforcement Officer of the Town or such other person or persons as the Council may by by-law appoint. (c) A Municipal Law Enforcement Officer has the power to enter upon land at any reasonable time for the purpose of carrying out an inspection to determine whether or not this by-law has been complied with and may be accompanied by such person or persons as they deem necessary to properly carry out his or her duties under this by-law.

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(d) A Municipal Law Enforcement Officer may at any time, with or without notice, remove from Municipal Lands any refuse or debris (and for the avoidance of doubt any item set out in the definitions section of this by-law) and i. dispose of; and/or ii. place into storage in a Town or third party facility the said refuse or debris at the expense of the party or parties responsible for depositing on or failing to remove the same from municipal land and that such removal, disposal and/or placing into storage of the refuse or debris shall constitute services or activities provided by the Town for or on behalf of the party responsible for the said refuse or debris being or remaining on municipal land. 8.

EFFECTIVE DATE That this by-law shall come into force and effect upon approval of the set fines appended hereto, from the Ontario Court of Justice (Provincial Division). This by-law shall apply and be enforceable in relation to any refuse or debris (and for the avoidance of doubt any item set out in the definitions section of this by-law) located on municipal land or private property without consent of the owner and occupier thereof as at the effective date hereof.

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24th DAY OF OCTOBER. THE CORPORATION OF THE TOWN OF MIDLAND

MAYOR

CLERK

THE CORPORATION OF THE TOWN OF MIDLAND Part 1 Provincial Offences Act By-law 2016-73 A by-law to prohibit the throwing, placing, depositing or otherwise leaving refuse, debris and other items on private property and the property of the Corporation of the Town of Midland without authority from the owner or occupant of such property and to prohibit and regulate public nuisances and to repeal by-law 2015-73 Item

1.

2.

3.

4.

5.

6.

7.

Column 1 Short Form Wording leave, throw, place, deposit, store permanently or temporarily, any refuse or debris on private property leave, throw, place, deposit, store permanently or temporarily, any refuse or debris on municipal land leave, allow or permit to remain, permanently or temporarily any refuse or debris on private property leave, allow or permit to remain, permanently or temporarily any refuse or debris on municipal land throw, place or deposit refuse or debris on private property – namely soil, earth, turf, any form of garden waste, leaves, trees or tree cuttings, plants or plant cuttings, bushes or brush throw, place or deposit refuse or debris on municipal land – namely soil, earth, turf, any form of garden waste, leaves, trees or tree cuttings, plants or plant cuttings, bushes or brush leave, allow or permit to remain, any refuse or debris on private property- namely soil, earth, turf, any form of garden waste, leaves, trees or tree cuttings,

Column 2 Provision Creating or Defining Offence Section 2(a)

Column 3 Set Fine $500.00

Section 2(a)

$500.00

Section 2(b)

$500.00

Section 2(b)

$500.00

Section 2(a)

$100.00

Section 2(a)

$100.00

Section 2(b)

$100.00

8.

plants or plant cuttings, bushes or brush leave, allow or permit to remain, any refuse or debris on municipal land - namely soil, earth, turf,any form of garden waste, leaves, trees or tree cuttings, plants or plant cuttings, bushes or brush

Section 2(b)

$100.00

Note: the penalty provision(s) for the offences indicated above is Section 3 of By-law 2016-73 a certified copy of which has been filed and Section 61 of the Provincial Offences Act, R.S.O. 1990, c.P.33.

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-74 A by-law to govern and regulate the operation and use of Midland Harbour WHEREAS pursuant to sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, as amended, The Corporation of the Town of Midland may pass by-laws regulating the use by public lands and transportation systems owned or under the control of the Town, which includes harbours, ports and transportation terminals; AND WHEREAS it is deemed expedient to govern and regulate the operation of municipally-owned and operated harbours in the Town; AND WHEREAS the Town has the authority to establish a system to permit the use of municipally-owned and operated harbours, including the launching and mooring of vessels in such harbours, the issuance of permits and the payment of fees or charges related to such use; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND ENACTS AS FOLLOWS: 1.

DEFINITIONS

1.1

For the purpose of this by-law and any related policy or procedure the following definitions shall apply: (a)

“abandon” means a vessel that is located or moored in contravention of this by-law for a period in excess of 72 hours regardless of whether the vessel is occupied and/or in an operable condition.

(b)

“aground” means onto or on a shore, reef, or the bottom of a body of water.

(c)

“berth” means a location where a vessel may be moored.

(d)

“By-law” means the Midland Harbour By-law;

(e)

“Midland Harbour” means the Midland Harbour and includes all navigable waters, any municipally owned foreshore, of Midland Bay as set out in Schedule A of this by-law.

(f)

“commercial vessel” means any ship, boat or watercraft which is used to generate revenue by charging a fee for the transportation of goods, the transportation of people, the sale of goods from the vessel, or any other service provided by the vessel.

(g)

“Council” means the Council of The Corporation of the Town of Midland.

(h)

“emergency” means a situation or an impending situation that could result in serious harm to persons or substantial damage to property and which may be caused by the forces of nature, an accident, an intentional act or otherwise.

(i)

“emergency vessel” means a police, fire, search and rescue, or ambulance vessel.

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(j)

“fee” means a fee for the use of Midland Harbour or for any harbour services (e.g., launching, mooring, use) as set out in the Town’s User Fees by-law and/or the Composite Fees by-law.

(k)

“goods” means tangible personal property other than a vessel.

(l)

“harbour” means a port or haven to provide refuge, lodge, protection or shelter. May include a municipal dock, pier, ramp, wharf to secure moorings for vessels and commercial vessels and often offering supply, repair, and other facilities.

(m)

“Harbour Master” means the person designated by the Town as Director of Operations and includes any person that he or she has authorized to act as a designated staff person.

(n)

“harbour property” means any real property or personal property at a harbour.

(o)

“launch ramp” means an area adjacent to or used in connection with a municipal dock, which is not a structure, and which serves as an area to launch or recover vessels from the water, and which is land owned or under the control of the Town, and may be subject to fees as set out in the Town’s User Fees by-law.

(p)

“licence” means a licence of occupation issued by the Town pursuant to this by-law to an Owner that permits usage of a berth from May 1 to October 31 subject to weather conditions permitting actual usage.

(q)

“moor” means to secure a vessel by means of lines, cables, anchors or other similar means to a municipal dock.

(r)

“municipal dock” means any structure located on land owned or under control of the Town and used as a dock, wharf, pier or vessel launching or recovery area together with all adjacent and underlying lands related thereto.

(s)

“Municipal Law Enforcement Officer” means the person appointed by Council for the purposes of enforcing the Town by-laws, including this by-law.

(t)

“navigable water” means the waterway used by boaters for manoeuvring a vessel within the harbour.

(u)

“Officer” means a Municipal Law Enforcement Officer or a member of the Midland Police Service or any other law enforcement officer.

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(v)

“Owner” means an individual, corporation, partnership or other legal entity who owns a vessel or the person operating or having care and control of a vessel at any particular time.

(w)

“person” means an individual or corporation, partnership or other legal entity.

(x)

“pier” means a raised walkway over water, supported by widely spread piles and can range in size to accommodate different sizes of vessels.

(y)

“season of operation” means the season of activity for exercising prime operations which is May 1 to October 31 of any calendar year for Midland Harbour and as may be amended from time to time.

(z)

“seasonal permit” means a permit issued for a specified period of time to use a launch ramp and/or moor a vessel to a berth at Midland Harbour.

(aa)

“Sink” means to displace part of the volume of a supporting substance or object and become totally or partially submerged.

(bb)

“store” means to take in or hold supplies, goods, or other articles.

(cc)

“Town” means The Corporation of the Town of Midland or the Harbour Master as the context may apply in this by-law.

(dd)

“vessel” means any ship, boat or watercraft which floats or is capable of floating on the surface of the water or is capable of carrying people or material whether motorized or not and includes but is not limited to, pleasure craft, yachts, sailing boats, catamarans, personal water craft, inflatables, pontoon boats, tenders and dinghys when on water or land and vessels used in commercial operations, sub surface powered watercraft and devices, and sea planes, and includes associated or ancillary components such as vessel trailers and cradles.

(ee)

“wharf” means a landing place or pier where vessels may tie up and load or unload.

2.

LICENCES, AGREEMENTS & PERMISSIONS

2.1

No person shall occupy or make use of a municipal dock at Midland Harbour or any part thereof unless such person has obtained a licence from the Town or has paid the required fee.

2.2

No licence, agreement, contract or permission shall be given for any term exceeding the season of operation, except with the express written approval of the Harbour Master.

2.3

The Town shall have the right to revoke any licence, agreement, contract or permission issued or entered pursuant to this by-law if a person is in contravention of any provision of this by-law or has breached any term or contravention of such

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licence, agreement, contract or permission as determined by the Town in their sole and absolute discretion. 2.4

No licence, agreement, contract or permission can be transferred by the Owner to another Owner, without the express written approval of the Town.

3.

GENERAL REGULATIONS

3.1

No person shall obstruct or interfere with any Owner or vessel lawfully using Midland Harbour.

3.2

All vessels operated by an Owner in the Midland Harbour shall be moored at the Owner’s risk and the Town shall not be responsible under any circumstances for any loss or damage caused or sustained by any vessel and the Owner in mooring any vessel in the Midland Harbour, hereby indemnifies the Town in respect of any claims for loss and damage sustained by the Owner or any third party as a consequence or arising therefrom.

3.3

No person shall moor a vessel or leave materials in Midland Harbour so that it constitutes a nuisance or hazard or blocks access to any municipal dock area or launch ramp in the opinion of the Harbour Master.

3.4

No person shall hinder or obstruct, or attempt to hinder or obstruct, the Harbour Master, Officer or any other authorized employee or agent of the Town in the exercise of a power or the performance of a duty under this by-law.

3.5

No person shall abandon a vessel within the Midland Harbour.

4.

CARE OF THE HARBOUR

4.1

In the event that a vessel sinks or is aground in Midland Harbour, the Owner shall remove such vessel within 24 hours or such period as agreed to by the Harbour Master or Officer in his sole discretion. If the Owner fails to do so, the Harbour Master may remove the vessel at the Owner’s expense and the cost thereof shall be a debt due from the Owner to the Town. The Town shall not be liable to the Owner for any damages to its vessel or contents. The Owner is solely responsible for any environmental remediation and/or fines arising from such an event and shall indemnify the Town in respect of all loss and damage arising in relation or as a consequence of the Owner’s acts or omissions.

4.2

Where harbour property is damaged in any manner by a vessel or vehicle, or by the use of machinery or equipment, the damage shall be reported forthwith (meaning no more than 24 hours after the occurrence of such damage, or if the Town’s Municipal Offices are closed, then on the first day the Municipal Offices are next open) to the Town by the Owner, or the person who was in charge of the machinery or equipment at the time the damage occurred.

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4.3

No person shall store or abandon a vessel, vessel trailer or cradle in Midland Harbour unless approved by the Harbour Master.

4.4

No person shall remove, damage or destroy any notices, rules or regulations posted on harbour property by or under the authority of the Town.

4.5

Every person using a launch ramp or a municipal dock shall immediately vacate for an emergency vessel or vehicle operating in the case of an emergency.

5.

MOORING RULES & REGULATIONS

5.1

Any vessels entering into Midland Harbour shall: (a)

not moor to any dock without paying the requisite fee or obtaining a licence; and

(b)

be prepared to display and/or produce a copy of the current vessel insurance and registration form if requested by the Harbour Master or Officer.

5.2

Owners are responsible for the safe mooring of their vessel and shall furnish and maintain their own mooring lines and chaffing gear and shall take care not to foul any other berth or access with mooring lines.

5.3

Owners shall relocate or move any vessel in accordance with instructions provided by Harbour Master. When a vessel is unattended, the Town has the authority to relocate or move any vessel at the Owner’s expense and risk and without liability to the Town.

5.4

All vessels shall be moored and operated and all berth areas shall be maintained in a seamanlike manner and nothing shall be done or permitted by any person, which in the opinion of the Harbour Master, may be or may become a nuisance or disturbance to others.

6.

FEES

6.1

Fees associated with the use of Midland Harbour including seasonal permit, licence and fees related to utilities and services if applicable. The Owner acknowledges that while the Town will use its best efforts to maintain utility services, the Town is not liable for the quality, quantity or continuity of any utility service and its compatibility with a vessel.

7.

REMOVAL & IMPOUNDMENT OF VESSELS, ETC.

7.1

The Harbour Master or Officer may remove and impound, or cause to be removed

and impounded, any vehicle, vessel, trailer, goods or obstruction that occupies Midland Harbour in contravention of this by-law. Where any vessel or any other property has been removed in accordance with this by-law, the vessel or other property or any part thereof may be stored or disposed as the Harbour Master or the

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Officer deem appropriate, in their sole and absolute discretion without liability to the Town at the expense of the Owner. The Owner agrees that the Town may enforce the costs of removal and storage by claiming a lien under the Repair and Storage Liens Act, R.S.O. 1990, c. R.25. 7.2

Any vehicle, vessel, trailer, goods or obstruction removed and impounded under this by-law may be recovered by the rightful Owner upon presenting proof of ownership and upon payment in full of all costs incurred by the Town in removing and impounding (including storing) and any other fines owing by any person under this bylaw.

7.3

If any vehicle, vessel, trailer, goods or obstruction is removed and impounded, the Harbour Master or Officer shall make such reasonable efforts as the Harbour Master determines in his discretion in the circumstances so as to obtain the name and address of the Owner of the vehicle, vessel, trailer, goods or obstruction, and: (a)

if the name and address of the Owner is determined, the Harbour Master or Officer shall give written notice delivered in person to the Owner or sent by registered mail to the Owner advising the Owner of the removal and impoundment, the amount payable to release the vehicle, vessel, trailer, goods or obstruction and the date for sale by public auction or disposition under Section 7.5, as applicable, if unclaimed; or

(b)

if the identity of the Owner is not determined, the Harbour Master or Officer shall cause a notice to be posted in Midland Harbour advising of the removal and impoundment, the amount payable to release the vessel and the planned date for sale by public auction or disposition under Section 7.5, as applicable, if unclaimed.

For the purpose of this section “reasonable efforts” shall mean and be limited to, where applicable, reviewing any expired lease agreement between the Town and the Owner in respect of the vessel, and/or conducting a search under the Ship’s Registry and/or conducting a search under the Personal Property Security Act in the event that necessary or sufficient information is already available with respect to the vessel or Owner to enable such search to be undertaken. 7.4

The fees, costs and expenses payable by a person for the relocation or removal of any vehicle, vessel, trailer, goods or obstruction shall constitute services provided by the Town to the Owner and shall be the actual costs of labour or machinery used to accomplish the work, whether carried out by the Town or as contracted out and shall include Town administration fees.

7.5

If any removed and impounded vehicle, vessel, trailer, goods or obstructions are not reclaimed by the rightful Owner(s) within 30 days, any vehicle, vessel, trailer, goods or obstruction may be sold at public auction or otherwise disposed of without liability to the Town.

BY-LAW 2016-74

Page 7

7.6

The Town may engage the services of a bailiff to remove, impound and auction any vehicle, vessel, trailer, goods or other obstructions.

8.

ENFORCEMENT & INSPECTION

8.1

This by-law shall be administered by the Harbour Master and the provisions of this by-law shall be enforced by the Harbour Master or Officer as applicable.

8.2

The Harbour Master or Officer may enter upon any berth or municipal dock at any reasonable time to carry out an inspection of the premises for purposes of determining that the moored vessel complies with the provisions of this by-law or any licence, agreement, permit or permission granted thereunder and in doing so may require the production of and removal of documents relevant to the inspection, may require information from persons concerning the inspection and may test or examine or take such samples as may be necessary for the purposes of inspection.

8.3

The Harbour Master or Officer may be accompanied by a person or persons under his or her direction.

9.

OFFENCES & PENALTIES

9.1

Every person who contravenes any of the provisions of this by-law, including an order issued under this by-law, is guilty of an offence and upon conviction is liable to a fine as provided for in the Municipal Act, 2001, S.O. 2001 c. 25, as amended and/or the Provincial Offences Act, R.S.O. 1990, c.P.33.

9.2

Upon a conviction being entered, the court in which the conviction was entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed in this by-law, make an order prohibiting the continuation or repetition of the offence by the person convicted and/or for the removal of any vessel from Midland Harbour.

10.

VALIDITY, SEVERABILITY & INTERPRETATION

10.1

That every provision of this by-law is declared to be severable from the remainder of the by-law and if any provision of this by-law shall be declared invalid by a court of competent jurisdiction such declaration shall not affect the validity of the remainder thereof.

10.2

Whenever any reference is made in this by-law to a statute or regulation of the Province of Ontario, such reference shall be deemed to include all subsequent amendments to such statute or regulation and all successor legislation to such legislation.

10.3

Reference to items in the plural includes the singular as applicable. Whenever this by-law refers to a person or thing with reference to gender or the gender neutral the intention is to read the by-law with the gender applicable to the circumstances.

BY-LAW 2016-74

Page 8

11.

SHORT NAME

11.1

That this by-law shall be referred to as the “Midland Harbour by-law”.

12.

ENACTMENT

12.1


BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF OCTOBER, 2016. THE CORPORATION OF THE TOWN OF MIDLAND ____________________________ MAYOR

____________________________ CLERK

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THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 201 6-75 A By-law to provide for the entering into of an Agreement with Sitecom Services Limited for the construction of a Communications Tower at 53 Wilson Road WHEREAS The Municipal Act, 2001, S.O. 2001, c.25, Section 8, provides a municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Act or any other Act; AND WHEREAS Staff identified gaps in the current radio telecommunication system and Council allocated funds within the 2016 capital budget for communications upgrades; AND WHEREAS Council deems it expedient to enter into an agreement with Sitecom Services Limited for the construction of a communications tower at the Wilson Road Reservoir Site; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1. That an Agreement be entered into between the Corporation of the Town of Midland and Sitecom Services Limited in accordance with the terms and conditions as set out in the attached Agreement for the construction of a 140 foot communications tower and a building to house communications equipment at the Wilson Road Reservoir Site municipally known as 53 Wilson Road in the amount of $30,000.00 (exclusive of all taxes). The Town of Midland will be responsible to supply the hydro feed to the site building and supply the land for the site. 2. That Schedule ‘A” attached hereto forms part of this by-law being the Agreement between Sitecom Services Limited and the Town of Midland. 3. That the Mayor and Clerk are hereby authorized to execute the said Agreement on behalf of the Corporation and affix hereto the Corporate seal thereto. 4. That this by-law shall come into force and effect on the final passage thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS DAY OF OCTOBER, 2016. THE CORPORATION OF THE TOWN OF MIDLAND

MAYOR

CLERK

24TH

THIS AGREEMENT made as of the

day of

,

2016.

B ETWEEN:

SITECOM SERVICES LIMITED hereinafter referred to as “Sitecom”;

-

and

-

THE CORPORATION OF THE TOWN OF MIDLAND hereinafter referred to as “Midland”;

WHEREAS Midland owns land at the Wilson Road Reservoir Site and requires a communications tower at that site; AND WHEREAS Sitecom is in the business of communication tower site construction and management; NOW THEREFORE WITNESSETH that in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:

1.

SERVICES PROVIDED BY SITECOM

1.1

Sitecom will provide at its cost, the labour, services, materials and equipment required to construct a 140 foot communications tower and a building to house communications equipment at the following location: WILSON ROAD RESERVOIR SITE (hereinafter referred to as “Reservoir Site”)

1.2 1.3

Sitecom shall provide and install a top mounted antenna for use by both the Midland Fire Department and Sitecom. Sitecom will provide continuing site management and tower maintenance for the

Reservoir Site during the term of the agreement. Such management will include all site inquiries from third parties interested in leasing tower space. 2.

SERVICES PROVIDED BY MIDLAND

2.1

Midland will provide the land for the tower site.

2.2

Midland will provide the hydro feed to the building site.

2.3

Midland will pay thirty thousand dollars ($30,000.00) to Sitecom to be used towards the cost of installing the tower.

3.

TERM

3.1

The agreement will be for an initial five (5) year term. There will be three (3) options to renew each for a five (5) year period. If Sitecom does not notify Midland of its intention not to renew for a further five (5) year term within ninety (90) days of the end of the current term, the agreement will be extended automatically for a further five (5) year term.

3.2

The commencement date of the agreement will be established immediately after the completion of the construction of the tower and the installation of the top mount antenna.

4.

FEES

4.1

Sitecom will not be charged a site rental for equipment on the tower for either of its related companies Point to Point Communications (Barrie) Limited or Point to Point Broadband Inc. -

4.2

Midland will not be charged a site rental on the top antenna used for Midland Fire Department equipment.

4.3

Midland will be allowed at no charge: (a) a SD212 side mount antenna or apparatus with similar specifications at approximately the 100 foot level on the tower; and (b) no more than four (4) broadband subscriber modules at or below the 80 foot level.

5.

RESERVOIR SITE SPACE

5.1

It is understood that Sitecom shall be entitled to rent or licence the use of space at the Reservoir Site (including space on the tower and in accessory buildings), to third party customers (“Third Party Customers”);

5.2

Sitecom shall be entitled to the revenues from such rental or licensing agreements with Third Party Customers, subject to the provisions set out below in paragraph 6.1;

5.3

Such agreements between Sitecom and Third Party Customers shall be subject to the prior written approval of Midland as to such third party (but not as to the fees charged), which approval shall not be unreasonably withheld.

5.4

Sitecom shall provide Midland with fully executed copies of all Third Party Customer Agreements within fifleen (15) days of receipt of same.

5.5

Midland shall have the right to inspect and audit all records relating to Third Party Customer site rent or licence agreements and Sitecom agrees to make such records available during normal business hours for this purpose.

5.6

If Midland requires further tower services (excluding those agreed to at the commencement of this contract), Midland shall pay to Sitecom such additional fees at the rate of 75% of Sitecom’s usual rates and charges for such tower services.

6.

REVENUES FROM THIRD PARTY CUSTOMER CONTRACTS

6.1

Sitecom and Midland agree that Sitecom shall be entitled to receive, on its own account, revenues from such Third Party Customer site rental or licence agreements and it is agreed that Sitecom shall pay to Midland: 30% of the gross revenue generated collectively from such Third Party Customer contracts. Midland’s 30% share shall be paid annually.

7.

TITLE TO PROPERTY

7.1

Sitecom shall retain title to the materials and equipment it supplies and installs (including the tower and site building) at its cost notwithstanding that same may become fixtures, all of which is herein called “Sitecom’s Property”.

7.2

Subject to the provisions contained below in paragraph 14 and 15, Sitecom shall be entitled upon termination of this agreement to remove Sitecom’s Property, provided, that Sitecom shall make all necessary repairs and/or restore the Reservoir Site to its original condition as each existed prior to installation of Sitecom’s Property, reasonable wear and tear excepted.

7.3

The lands and premises owned by Midland to accommodate the Reservoir Site and fixtures contained thereon, (other than Sitecom’s Property) and materials and equipment supplied to the Reservoir Site by Midland, shall remain its property, all of which is herein called “Midland’s Property”.

7.4

In the event the Tower becomes subject to property tax payments, this shall become the responsibility of the Tower owner.

8.

RESPONSIBILITY FOR MAINTENANCE AND REPAIR

8.1

Midland shall be responsible for maintenance, repair and replacement of Midland’s Property, including landscaping, grass cutting and snow removal.

8.2

Sitecom shall be responsible for maintenance, repair and replacement of Sitecom’s Property.

9.

ACCESS TO COMMUNICATION SITES

9.1

Sitecom, and its Third Party Customers, shall be entitled to access to the Reservoir Site at all times during the term of this agreement.

10.

INSURANCE AND INDEMNIFICATION

10.1

INSURANCE Sitecom shall be responsible for and maintain at all times throughout the term of this agreement: (i)

Commercial General Liability with a per occurrence limit of no less than $5,000,000 and coverage shall include but not limited to bodily injury, personal and advertising injury, property damage, products and completed operations, tenants legal liability, contractual liability and shall contain a cross liability severability of insured clause. The Town of Midland shall be named as an additional insured for activities in reference to this agreement.

10.2

(ii)

Broad Form All Risk Property insurance for all property in the care, custody and control of Sitecom including the Tower for 100% full replacement cost.

(iii)

General Conditions: a) All policies shall be endorsed to provide Midland with not less than 30 days’ written notice of cancellation. b) All policies shall be with insurers licensed to underwrite insurance in the Province of Ontario. c) Prior to execution of the Agreement and upon the placement, renewal, amendment, or extension of all or any part of the insurance, Sitecom shall promptly provide the Town with confirmation of coverage and, if required, a certified true copy(s) of the policy(s) certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Agreement. d) As reasonably determined by Midland the Sitecom may be required to provide and maintain additional insurance coverage(s), which are related to this Agreement. e) All applicable deductibles under the above required insurance policies are at the sole expense of Sitecom. f) All policies shall apply as primary and not as excess of any insurance available to Midland. g) It is expected by Midland that the Certificate(s) of Insurance will provide confirmation that all insurance requirements as stated under Section 10 Insurance have been met. h) Where applicable and based upon the operations of the sub-contractor, Section 10 Insurance shall apply in the same manner to any sub-contractor as it would to Sitecom. Further, it is the Sitecom’s obligation to ensure that any sub-contractor is aware of these obligations. Sitecom shall provide to Midland with confirmation of the sub-contractor’s insurance.

Midland shall be responsible to maintain at all times throughout the term of this agreement Broad Form All Risk property insurance for all property in Midland’s care, custody and control.

10.3 INDEMNIFICATION The Tenant shall indemnify the Landlord and save them harmless from and against any and all loss (including loss of all rent payable by the Tenant under this Lease), claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease, or any occurrence in, on, at or emanating from the Leasehold Premises, or the occupancy or use by the Tenant of all or any part of the Leasehold Premises, or occasioned wholly or in part by any act or omission of the Tenant or by anyone permitted to be on the Leasehold Premises by the Tenant. Notwithstanding any other provision of this Lease, this indemnification shall survive any termination of the Lease, with respect to any matter referred to in this Section which occurs during the Term and/or the Renewal.

11.

UTILITIES

11.1

Midland shall be responsible to arrange for separate meters in order that it pays for its own hydro and telephone service respecting the use of its own radio system equipment at the Reservoir Site.

11.2

Sitecom shall be responsible for the other utility and telephone usage expenses relating to Third Party Customers’ usage at the Reservoir Site.

12.

REFERRAL OF INQUIRIES AND POTENTIAL CUSTOMERS

12.1

Midland shall refer to Sitecom all inquiries and potential customers with respect to rental or licensing inquiries regarding the Reservoir Site forthwith upon receiving such inquiries.

13.

DISCLOSURE

13.1

Midland and Sitecom agree that they shall disclose and make available to each other such information and records as may be necessary to give effect to this agreement from time to time.

14.

RIGHT OF FIRST REFUSAL

14.1

In the event that Sitecom during the term of this agreement wishes to sell the Sitecom’s Property and receives an offer from a third party to purchase the Sitecom’s Property, Sitecom agrees that Midland shall have the first right of refusal to purchase the Sitecom’s

Property upon the same terms and conditions as contained in such third party offer. In the event that Sitecom does receive such third party offer, it shall provide a copy to Midland and Midland shall indicate within 10 days of receipt of such copy, whether or not it intends to exercise its right of first refusal, failing which Sitecom shall be free to accept the offer of the third party if it so chooses; provided, however, Sitecom shall not sell Sitecom’s Property to a third party unless it first satisfies Midland that the services to be provided hereunder shall continue in accordance with the terms of this agreement. 15.

OPTION TO PURCHASE SITECOM’S PROPERTY

15.1

Sitecom hereby grants to Midland an option to purchase the Sitecom’s Property which is located at the Reservoir Site at fair market value upon the following terms: (a)

the option to purchase such property is available to be exercised by Midland: (i)

at the end of each five (5) year term herein; or

(ii)

on Sitecom making an assignment or being petitioned into bankruptcy or making a formal proposal in bankruptcy pursuant to the Bankruptcy and Insolvency Act;

(b)

Midland shall provide 90 days advance written notice of its intention to exercise its option herein;

(c)

for the purposes of this option provision, fair market value shall be determined by determining the average of three appraisals to be undertaken by appraisers, one of such appraisers shall be selected by each of the parties hereto and the third appraiser selected by the two appraisers nominated by the parties.

15.2

In the event that Midland exercises its option, this agreement remains in full force and effect, provided that Sitecom’s then existing contracts with Third Party Customers shall expire in accordance with the terms of each such contract and that Sitecom shall not enter into new contracts with Third Party Customers thereafter pertaining to this site.

16.

TERMINATION OR RENEWAL AT THE END OF TERM

16.1

In the event that Midland at the end of the term of this agreement has not exercised its option to buy Sitecom’s Property in accordance with its option rights as contained in paragraph 15 above, then at the end of the term of this agreement Sitecom shall remove Sitecom’s Property within 90 days of the end of the term of this agreement.

17.

TERMINATION FOR CAUSE

17.1

If either party shall default in its obligations pursuant to the agreement and such default continues for more than forty-five (45) days following receipt of notice of the default from the non-defaulting party, then the party not in default shall be entitled to terminate this agreement forthwith and without further obligation to the defaulting party hereunder. Notwithstanding the termination of this agreement by the non-defaulting party, the party in default shall be liable for any loss or damage arising from such default including any consequential loss or damage incurred by the non-defaulting party following termination of this agreement.

18.

NOTICES

18.1

Any notice or demand required or permitted to be given or made hereunder shall be sufficiently given or made if:

18.2

(a)

sent by fax to the other party, in which case service shall be deemed to have been given on the next business day following the fax transmission; or

(b)

sent by registered mail in a sealed envelope, postage prepaid, addressed to the party as disclosed herein in addition to such address as a party may in writing provide to the other party during the term of this agreement. Any such notice or demand shall be deemed to have been given or made on the fourth business day following mailing.

Current address and fax number for the parties hereto: Sitecom Services Limited 38 Hooper Road BARRIE, Ontario L4M 6E7

The Corporation of the Town of Midland 575 Dominion Avenue MIDLAND, Ontario L4R 1R2

Fax No. (705)721-1021

Fax No. (705)526-9971

19.

COMPLIANCE WITH ALL REGULATORY AGENCIES

19.1

Each party warrants to the other that it has complied and will comply with all regulatory agencies and governments with respect to permits and licences necessary for their respective undertakings at the Reservoir Site.

20.

LAW OF ONTARIO

20.1

The parties agree that the law of Ontario shall be the law applied to this agreement.

21.

AMENDMENT

21.1

No revisions or amendments of this agreement shall be valid unless made in writing and signed by the parties hereto.

IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date indicated above. SITECOM SERVICES LIMITED

Per: Kenneth Micks President -

I have authority to bind the corporation.

THE CORPORATION OF THE TOWN OF MIDLAND Per:

Per:

I/We have authority to bind the corporation.

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-76 A by-law to amend By-law 2015-62 being a by-law to authorize the entering into of an Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Tourism, Culture and Sport. WHEREAS the Council for the Corporation of the Town of Midland adopted By-law 2015-62 on August 24, 2015 which authorized the entering into of an Ontario Transfer Payment Agreement for funding towards the cost of hosting the 2016 Ontario 55+ Summer Games; AND WHEREAS a shortfall in fundraising efforts resulted in a deficit for the Town of Midland; AND WHEREAS, in consideration of the deficit, the Province of Ontario wishes to provide additional funding to the Town of Midland to cover a portion of the shortfall in fundraising efforts; AND WHEREAS Council deems it expedient to enter into an Amending Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Tourism, Culture and Sport for the provision of additional funding to offset the shortfall; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

That By-law 2015-62 be amended by inserting the Amending Agreement No. 1 attached hereto as Appendix “B” being an Agreement between Her Majesty the Queen in right of Ontario, as represented by the Ministry of Tourism, Culture and Sport and the Corporation of the Town of Midland for the provision of additional funding.

2.

That the Mayor and Clerk be authorized to duly execute the said Amending Agreement on behalf of the Corporation and affix thereto the Corporate seal.

3.


BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF OCTOBER 2016. THE CORPORATION OF THE TOWN OF MIDLAND

_________________________________ MAYOR

_________________________________ CLERK

This Amending Agreement No.1 effective as of the

8th

day of August, 2016

BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the enter the Minister of Tourism, Culture and Sport (the “Province”) -

and

-

The Corporation of the Town of Midland (the “Recipient”)

BACKGROUND 1. 2. 3.

The Province and the Recipient entered into an agreement effective as of the 1 5th day of July 2015 for the provision of funding to the Recipient to host the 2016 Ontario 55+ Summer Games (the “Agreement”). The Province wishes to provide additional funding to the Recipient for the 2016 Ontario 55+ Summer Games in order to cover a shortfall in fundraising efforts. The Parties wish to amend the Agreement in the manner set out in this Amending Agreement No 1.

IN CONSIDERATION of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

1.

The Maximum Funds amount of “$100,000” in Schedule “B” of the Agreement is deleted and replaced with “$130,000”.

2.

Schedule “D” of the Agreement is deleted and replaced with Schedule “D-1”, attached to this Amending Agreement No.1 as Appendix “1”.

3.

Schedule “E” of the Agreement is deleted and replaced with Schedule “E-1”, attached to this Amending Agreement No.1 as Appendix “2”.

4.

This Amending Agreement No.1 shall be effective as of the first date written above.

5.

Except for the amendments provided for in this Amending Agreement No.1, all provisions in the Agreement shall remain in full force and effect.

The Parties have executed this Amending Agreement No. 1 on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Tourism, Culture and Sport

Name: Susan Golets Title: Director, Sport, Recreation and Community Programs

Date

The Corporation of the Town of Midland

Name: Gord McKay Title: Mayor

Date

Name: Andrea Fay Title: Clerk

Date

I/We have authority to bind the Recipient.

Appendix “1” Attached to and forming part of this Amending Agreement No.1 between the Province and the Recipient made effective as of the 8th day of August 2016.

Attached to and forming part of the Agreement between the Province and the Recipient made effective the 1 5thi day of July, 2015.

SCHEDULE “0-1” BUDGET This Schedule has been revised to accommodate the Recipient’s request for additional funding in the amount of $30,000 to cover a shortfall in fundraising efforts.

2016 ONTARIO 55+ SUMMER GAMES REVISED BUDGET (JULY 3, 2016) REVENUE (a) Provincial Contributors (b) Municipal Contributors (c) Registration Fees (d) Sponsorships (e) Grants (f) Souvenir Sales ci) Facilities In-Kind

BUDGET 180000

85,000 240,000 40,000 100,000 5,000 20,000 670,000

EXPENSES

BUDGET

(a) Accommodations (b) Administration & Finance (c) Food Services (e) Registration (f) Transportation (g) Sports Technical (h) Medical (i) Volunteers (j) Information Technology (k) Promotions & Communications (I) Special Events (m) Security & Logistics (n) Contract Games Manager

190,000 10,500 1 10,000 3,000 70,000 60,000 2,500 8,000 4,000 13,000 48,000 14,000 70,000

(o) Travel Subsidy

40,000

(p) Facilities In-Kind

20,000

(q) Facilities Rentals

5,000

(r) Souvenirs

2,000

670,000

Appendix “2” Attached to and forming part of this Amending Agreement No. 1 between the Province and the Recipient made effective the 8th day of August 2016.

SCHEDULE “E-1” PAYMENT PLAN Attached to and forming part of the Agreement between the Province and the Recipient made effective the 2016

15th

day of July,

2016 Ontario 55+ Summer Games

Payment Schedule, Key Deliverables & Indicators Timeline February 10, 2015 January20, 2015 Within 2 months of signing the hosting agreement


By 8 months out from the Games By 6 months out from the Games

Key Deliverable

Key Indicators

N/A

N/A

$25,000*

N/A Form Games Organizing Committee Provide Certificate of Insurance Hire General Manager Secure office space for General Manager Submit budget for Ministry approval

N/A Provide Games Organizing Committee list including names and contact information Provide a copy of the Certificate of Insurance Contract in place with General Manager Provide address of office space Budget received

$25,000* $20,000

Secure accommodation contracts Secure sport venue contracts Launch website Create sponsorship package with target sponsor list Launch volunteer registration system Secure transportation provider Identify Sport Leads Secured required medical personnel Create meal schedule Create transportation schedule Secure vendors for Opening Ceremonies Identified accommodation allocation Secure required sport equipment Secure food service contracts

Provide copies of accommodation contracts Provide copies of sport venue contracts Website is live Provide a copy of sponsorship package to MTCS (must be approved by MTCS) with list of sponsors being approached System launched Provide copy of contract with transportation provider Provide Sport Lead list with names and contact information Provide names and positions of medical personnel Provide meal schedule Provide transportation schedule Provide copies of contracts with vendors Provide list of accommodation allocation Identify sport equipment, equipment provider and contact information

$15,000

$10,000 $15,000


Within 2 weeks after the Games

Launch participant registration system Secure medal provider Secure Games Headquarters Establish agenda for Opening Ceremonies Host Sport Lead Technical Meeting Secure signed amending agreement Receive an update on the sponsorship

Within 4 months after Submit satisfactory final report Games * Payment received from Sport Alliance of Ontario

Provide copies of food service contracts System launched Provide contract for medal provider Identify address for Games Headquarters Provide agenda for Opening Ceremonies Identify dates and deliver Sport Lead meeting Provide a full executed amending agreement Provide schedule of sponsors with contracted amending amounts Report received and approved by MTCS

$30,000

$30,000 $10,000

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-77 A by-law to authorize the sale of a portion of lands being Part of Block ‘B’ on Registered Plan 1158, more particularly described as Parts 1 and 2 on 51R-40459. WHEREAS, pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, and By-law 2008-78, being a by-law to establish a procedure governing the sale of municipal surplus land, Council declared lands described as Part of Block ‘B’ on Registered Plan 1158, more particularly described as Parts 1 and 2 on 51R-40459, surplus to the Town’s needs by Resolution 2015-140 on March 23, 2015; AND WHEREAS Council deems it expedient to sell the subject property to the abutting property owners, John and Virginia Chiles (979 Ingram Crescent); AND WHEREAS notice of the proposed land sale was advertised pursuant to the Town’s Notice By-law 2009-20. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

That Council hereby authorizes the sale of lands described as Part of Block ‘B’ on Registered Plan 1158, more particularly described as Parts 1 and 2 on 51R-40459, to John and Victoria Chiles for the purchase price of $1,500 plus HST;

2.

That all survey, legal, disbursement and advertising costs incurred by the Town of Midland are associated with the transfer be borne by the purchaser;

3.

That the Mayor and Clerk are hereby authorized to duly execute documents required to complete the sale of the aforementioned land to John and Virginia Chiles.

4.

That the Town shall retain an easement over Part 2 of 51R-40459.

5.


BY-LAW READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF OCTOBER, 2016. THE CORPORATION OF THE TOWN OF MIDLAND __________________________________ MAYOR

__________________________________ CLERK

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-78 A by-law to authorize the sale of a portion of lands being Part of Block ‘B’ on Registered Plan 1158, more particularly described as Part 3 on 51R-40459. WHEREAS, pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, and By-law 2008-78, being a by-law to establish a procedure governing the sale of municipal surplus land, Council declared lands described as Part of Block ‘B’ on Registered Plan 1158, more particularly described as Part 3 on 51R-40459, surplus to the Town’s needs by Resolution 2015-140 on March 23, 2015; AND WHEREAS Council deems it expedient to sell the subject property to the abutting property owner, James Barrow (973 Ingram Crescent); AND WHEREAS notice of the proposed land sale was advertised pursuant to the Town’s Notice By-law 2009-20. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

That Council hereby authorizes the sale of lands described as Part of Block ‘B’ on Registered Plan 1158, more particularly described as Part 3 on 51R-40459, to James Barrow for the purchase price of $1,400 plus HST;

2.

That all survey, legal, disbursement and advertising costs incurred by the Town of Midland are associated with the transfer be borne by the purchaser;

3.

That the Mayor and Clerk are hereby authorized to duly execute documents required to complete the sale of the aforementioned land to James Barrow.

4.


BY-LAW READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF OCTOBER, 2016. THE CORPORATION OF THE TOWN OF MIDLAND

__________________________________ MAYOR

__________________________________ CLERK

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-79 A by-law to amend By-law 2010-28 being a by-law to license and regulate Auctioneers, Hawkers and Peddlers, Farmers’ Markets and Refreshment Vehicles within the Town of Midland. WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 151 (1), provides that a local municipality may provide for a system of licensing businesses; AND WHEREAS it is the intent of the Council of the Corporation of the Town of Midland to regulate Auctioneers, Hawkers and Peddlers, Farmers’ Markets and Refreshment Vehicles within the municipality in order to protect and promote the health and safety of its residents by regulating the goods and merchandise sold, the manner in which those items are sold and the locations from which they are sold; AND WHEREAS Council has reviewed the current process regarding Hawkers and Peddlers and Refreshment Vehicles within the Town and wishes to amend the existing by-law to better reflect the current needs of the Town; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

That By-law 2012-28 be amended by replacing the wording of section 4(i) with the following: Every Hawker and Peddler shall operate in a commercial zone only unless prior approval has been received by the Municipal Law Enforcement Officer or designate.

2.

That By-law 2010-28 be further amended by replacing the wording of section 5(a) with the following: No person shall hawk or peddle in the following areas unless special permission is granted by the Municipal Law Enforcement Officer or designate: (i) Public Parks; (ii) Municipal Property; (iii) Downtown Core as shown on Schedule “B”, being King Street from Yonge Street to the Midland Bay First Street from Yonge Street to the north side of Bay Street Midland Avenue from Yonge Street to Bayshore Drive Bayshore Drive from First Street to Midland Avenue Bay Street from First Street to Midland Avenue Dominion Avenue from First Street to Midland Avenue Hugel Avenue from First Street to Midland Avenue Elizabeth Street from First Street to Midland Avenue

By-law 2016-79

3.

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That By-law 2010-28 be further amended by replacing the wording of section 5(b) with the following: If an event is located with the downtown and sanctioned by the Downtown Midland BOA approval of the Municipal Law Enforcement Officer or designate as indicated in Section 5(a)(iii) would not be required. The applicant shall provide proof of two million dollars ($2,000,000) comprehensive general liability insurance naming the Town as an additional insured.

4.

That By-law 2010-28 be further amended by replacing the wording of section 5(d) with the following: If special permission is granted by the Municipal Law Enforcement Officer or designate, pursuant to Section 5(a) the applicant shall provide proof of two million dollars ($2,000,000) comprehensive general liability insurance naming the Town as an additional insured prior to obtaining their license.

5.

That By-law 2010-28 be further amended by replacing the wording of section 8(a) with the following: No person shall operate or maintain a refreshment vehicle in the following areas unless special permission is granted by the Municipal Law Enforcement Officer or designate: (i) Public Parks (ii) Municipal Property (iii) Downtown Core as shown on Schedule “B”, being King Street from Yonge Street to the Midland Bay First Street from Yonge Street to the north side of Bay Street Midland Avenue from Yonge Street to Bayshore Drive Bayshore Drive from First Street to Midland Avenue Bay Street from First Street to Midland Avenue Dominion Avenue from First Street to Midland Avenue Hugel Avenue from First Street to Midland Avenue Elizabeth Street from First Street to Midland Avenue

6.

That By-law 2010-28 be further amended by replacing the wording of section 8(b) with the following: If an event is located within the downtown and sanctioned by the Downtown Midland BIA approval of the Municipal Law Enforcement Officer or designate as indicated in Section 8(a)(ii) would not be required. The applicant shall provide proof of two million dollars ($2,000,000) comprehensive general liability insurance naming the Town as an additional insured.

7.

That By-law 2010-28 be further amended by replacing the wording of section 8(e) with the following: If special permission is granted by the Municipal Law Enforcement Officer or designate the applicant shall provide proof of two million dollars ($2,000,000) comprehensive general liability insurance naming the Town as an additional insured prior to obtaining their license.

By-law 2016-79

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That by-law 2010-28 be further amended by placing the wording of section 7(e)(iv) with the following: proof of propane/gas inspection by a licensed gas technician (within last 6 months), if applicable;

9.

That by-law 2010-28 be further amended by placing the wording of section 7(e)(vi) with the following: pass fire inspection, may include NFPA 96 Compliance for appliances producing grease laden vapours.

10.

That this by-law shall come into force and effect on the on the final passage thereof.


___________________________ MAYOR

___________________________ CLERK

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-80 A By-law to authorize the entering into of an agreement between the Corporation of the Town of Midland and Southern Georgian Bay Farmers’ Markets to provide for an Indoor and Outdoor Farmers Market for 2016-17 WHEREAS The Municipal Act, 2001, S.O. 2001, c.25, Section 8, provides a municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Act or any other Act; AND WHEREAS Council deems it expedient to enter into an agreement with Southern Georgian Bay Farmers’ Markets to provide for an Outdoor Farmers Market at 526 Bay Street and an Indoor Farmers Market at Huronia Museum; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

That the Agreement attached hereto as Schedule “A” and forming part of this bylaw be entered into between Southern Georgian Bay Farmers’ Market and the Corporation of the Town of Midland;

2.

That the Mayor and Clerk are hereby authorized to execute the said Agreement on behalf of the Corporation and to attach thereto the Corporate Seal;

3.



______________________________ MAYOR

______________________________ CLERK

Schedule “A” Farmers Market Agreement Made this 24th day of October, 2016 BETWEEN: THE CORPORATION OF THE TOWN OF MIDLAND (hereinafter referred to as “The Town”) AND SOUTHERN GEORGIAN BAY FARMERS’ MARKETS (hereinafter referred to as “The Operator”) WHEREAS the Operator obtained two consecutive Farmers Market Licences and related agreements to operate an Indoor Farmers Market at Huronia Museum and an Outdoor Farmers Market at 526 Bay Street for the 2015-16 season; AND WHEREAS the Town received a request from the Operator to continue the Outdoor and Indoor Farmers Market within the Town of Midland under a combined agreement; NOW THEREFORE this agreement witness that the parties agree hereto as follows: TOWN’S RESPONSIBILITIES The Town’s responsibilities will be as follows: a)

The Town agrees to provide space at Huronia Museum as indicated on Appendix “A” to this Agreement for the use of a Farmers Market between the hours of 8:30 am and 1:30 pm on Sundays, including set-up, take-down and clean-up, from the Sunday following Thanksgiving weekend to the Sunday of the Victoria Day weekend.

b)

The Town agrees to provide space at 526 Bay Street as indicated on Appendix “B” to this Agreement for the use of a Farmers Market between the hours of 8:30 am and 1:30 pm on Sunday, including set-up, take-down and clean-up, from the Sunday following the Victoria Day weekend to the Sunday of Thanksgiving weekend.

OPERATOR’S RESPONSIBILITIES The Operator’s responsibilities will be as follows: (a)

The Operator will be responsible for the overall operation of the Market.

(b)

The Operator shall provide the Town with an Insurance Certificate naming the Town as an additional insured with a minimum of $2,000,000.00 commercial liability coverage 20 days in advance of the anticipated start date. It shall be the Operator’s responsibility to make the necessary arrangements to provide this Insurance Certificate to the Town.

(c)

The Operator shall obtain a Farmers Market License from the Town for the operation of the Market. It shall be the Operator’s responsibility to make the necessary arrangements to make application and complete the necessary requirements to obtain a Farmers Market License.

(d)

The Operator shall comply with all requirements of the Farmers Market License and this Agreement. It shall be the Operator’s responsibility to ensure that all members of the Farmer’s Market are aware of the requirements and address any issues of non-compliance upon notice by the Town.

(e)

The Operator shall ensure that all certificates of approval that may be required from various agencies such as the Simcoe Muskoka District Health Department have been obtained from its members. A copy of all Health Unit permits must be displayed at the market and provided to the Operator and the Municipal Law Enforcement Officer for their records prior to a vendor’s arrival at the Farmer’s Market site.

(f)

The Operator shall ensure that all outdoor market vendors are located within the approved area shown on Appendix “A” and Appendix “B”. It shall be the responsibility of the Operator to relocate within the approved area, any vendors who set up, or attempt to set up, their booth outside the approved area.

(g)

The Operator shall submit a complete list of vendors that have been at the markets over the term of the agreement to the Town, at the end of the agreement. The Town shall not use this list for any unauthorized purpose other than contact from the Town to the vendors.

(h)

The Operator shall operate the Farmers Market under the terms of the Farm Markets of Ontario Rules and Regulations.

(i)

The Operator shall ensure that the market vendors are restricted to Simcoe County at which the majority of producers of farm products are primarily selling or offering for sale their own products. No vendors shall resell food products produced by others.

(j)

The Operator shall submit their declaration and financial statement as soon as practical following their year-end.

(k)

The Operator shall not provide live animal sales of any kind, with or without compensation. In the event a vendor sells or gives away or attempts to sell or

(l)

give away any live animal, the Operator shall immediately advise the vendor to cease the prohibited activity. The Operator may only operate within the designated hours. The Operator shall ensure that the site is cleaned up and returned to its previous state within one half hour of the Farmers Market closing.

(m)

The Operator shall be responsible for the removal and proper disposal of any waste generated by the Farmers Market. It shall be the responsibility of the Operator to ensure that all waste is removed within one half hour of the Farmers Market closing.

(n)

The Operator is permitted to place signage at the two entrances to 526 Bay Street for the outdoor market. The Operator is permitted to place signage at two locations for the indoor market. The temporary signage shall be erected at 8:30 am on market day and removed by 1:30 pm the same day. The signs are to be professionally designed and manufactured to promote the Farmers Market. All signage is subject to restrictions under the Sign By-law, the Ontario Building Code, and any other relevant legislation. The Municipal Law Enforcement Officer shall approve the specific location of the signage. Any related permits and costs are the responsibility of the Operator.

TERM OF AGREEMENT (a)

The term of the Agreement shall be from October 16, 2016 to October 9, 2017. Termination of the Agreement will take place on October 9, 2017. In the event that the Operator wishes to enter into a new Agreement, the Operator shall submit a request in writing, prior to the termination of this Agreement indicating the Operator’s desire to continue the market for the 2017/2018 season.

(b)

In the event that the Operator does not submit their request to the Town, the Town may enter into an Agreement with another party for 2017/2018 and the Operator’s Farmers Market may be discontinued without notice.

(c)

The Town reserves the right at its discretion to change the location of the Farmers Market provided that notice is given 14 days in advance to the Operator.

(d)

The Town reserves the right to terminate this agreement at any time should the Operator not abide by their responsibilities as outlined within this agreement.

DISPUTE RESOLUTION (a) In case of a dispute between the Town and the Operator, the Municipal Law Enforcement Officer or their designate will convene a meeting between two representatives of the Town and the Operator to identity, discuss and come to a fair and amicable solution to the dispute. In the event that a mutually agreeable

solution cannot be reached, Council as represented by the Administration Section is the final arbitrator and its decision shall be final.

EMERGENCY CANCELLATION (a)

The Town reserves the right to cancel the Farmers Market operation in the event of a declared emergency under the Emergency Management and Civil Protection Act or such other event which requires the market use to be cancelled for public health, safety or security reasons. No liability will be incurred by the Town of Midland, its agents or employees, by reason of such cancellation.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement.

Date: ________________

____________________ Steve Foster

____________________ Doug Gullett


Date: _________________

_____________________ Mayor

_____________________ Clerk

Appendix "A" ENTRANCE OFFICES

HURONIA MUSEUM OCTOBER 2013

WM. W/R COLLECTIONS RETAIL COLLECTION STORAGE

RESEARCH / ARCHIVES

W/R

RETAIL STORAGE

LUNCH

EXIT

GALLERY GENERAL EXHIBIT DISPLAY HALL

NATIVE

WAR EXIT

STORAGE

EXIT

Appendix "B"

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2016-81 A By-law to adopt the proceedings of the Council Meeting held on October 24, 2016 and to authorize its execution. WHEREAS under the authority of the Municipal Act, S.O. 2001, c.25 as amended, Municipal Council is required to exercise its powers by by-law unless specifically authorized to do otherwise; AND WHEREAS in many cases, action which is taken or authorized to be taken by Council or by a Committee of Council does not lend itself to an individual by-law; AND WHEREAS The Council of the Corporation of the Town of Midland adopted By-law 2010-42 establishing rules of order and procedures for the Council; AND WHEREAS provision was made in By-law 2010-42, as amended, for enactment of a Confirmatory By-law at the end of each Regular or Special Council Meeting to confirm recommendations and actions approved at that meeting; AND WHEREAS Council deems it expedient to confirm the proceedings of Council at its Council Meeting of October 24, 2016. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1.

THAT the action of Council at its Council Meeting of October 24, 2016, with respect to each resolution, by-law, recommendation, adoption of staff reports and all other motions and matters taken by the Council at its meetings, is, except where the prior approval of The Ontario Municipal Board is required, hereby adopted, ratified and confirmed as if such proceeding and action were expressly adopted and confirmed by by-law.

2.

THAT any member of Council who dissented from any action or proceeding or has abstained from discussion and voting thereon shall be deemed to have dissented or abstained, as the case may be, in respect to this By-law as it applies to such action or proceeding.

3.

THAT the Head of Council and the proper officers of the Municipality are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required, and, except where otherwise provided, the Head of Council and Clerk, or their designates, are hereby authorized and directed to execute all necessary documents and to affix the corporate seal of the Municipality to all such documents.

By-law 2016-81 4.

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THAT this By-law shall come into force and effect on the final passage thereof.


MAYOR

CLERK