council - 13 feb 2019

COUNCIL MEETING

Council Chambers, Townhall Wednesday, February 13, 2019 AT 7:00 PM

AGENDA

. CALL TO ORDER

2. WELCOME & COUNCIL COMMITMENT

3. APPROVAL OF AGENDA

(a) Regular Council Agenda

- February 13, 2019

THAT the agenda of the Regular Council meeting of February 13, 2019, be approved as presented.

4. DECLARATION OF PECUNIARY INTEREST

5. DEPUTATIONS/PRESENTATIONS

6 - 21 (a) Presentation from Waypoint, Carol Lambie, CEO

22 - 29 (b) Presentation from Culture North Simcoe, Fred Hacker, Committee

Chair

6. ADOPTION OF MINUTES NOT ALREADY CONFIRMED

30 - 37 (a) Minutes:

Special Council Meeting Minutes - January 23, 2019 Council Meeting Minutes - January 23, 2019 Committee of the Whole Meeting Minutes - January 23, 2019 Special Committee of the Whole - February 6, 2019

THAT the following minutes of Council meetings be confirmed and adopted as circulated: Special Council Meeting Minutes - January 23, 2019 Council Meeting Minutes - January 23, 2019 Committee of the Whole Meeting Minutes - January 23, 2019

Page 1 of 124

Town of Penetanguishene - Council Agenda Page

Special Committee of the Whole - February 6, 2019

7. CONSENT AGENDA

8. MATTERS FOR CONSIDERATION

(a) Advisory Committee and Board Appointments

THAT the Council of the Town of Penetanguishene ratify the Mayor's Public Appointments to the following Town Advisory Committees: Committee of Adjustment Tony Huguenin Penetanguishene Public Library Board Sharon Rogers Doreen Vaillancourt

38 - 45 (b) Dedicated Gas Tax Funds for Public Transportation Agreement (2018/2019 Allocation) RDS-2019-05

THAT Council enter into a Letter of Agreement with Her Majesty the Queen in Right of Ontario (as represented by the Minister of Transportation) for the provision of Gas Tax funding for the Town of Penetanguishene Transit System. AND THAT a by-law for the contribution agreement be brought forward by staff for council approval.

46 - 58 (c) Appointments to the Main Street Art Ad Hoc Committee PL-2019-05

THAT the following residents be appointed to the Main Street Art Project Ad Hoc Committee: • Deputy Mayor Anita Dubeau – Council Representative and Chair; • Kathleen Buchan; • Andrea Cole; • Judith Davies; • Blanche Fox; • Jenny Leroux; • Karen Lacroix Mealing; • Jean Miller; • Michael Odesse; • Anthony Orsatti; • Nathanha Woods; • ______________ (to be provided February 13); AND THAT Virginia Eichhorn of Quest Art School and Gallery be invited to participate in the Main Street Art Project Ad Hoc

of 124


Committee as a resource and non-voting member.

59 - 76 (d) Community Based Strategic Plan CAO-2019-01

THAT Council approve the issuance of a request for proposal for consultation services for the development of a Community Based Strategic Plan; AND THAT Staff proceed as per the Town’s procurement policy with the tendering process; AND FURTHER THAT Staff report back to Council with an update following the Request for Proposal process.

77 - 82 (e) Museum & Heritage Advisory Committee

THAT the terms of reference for the Museum & Heritage Advisory Committee in Schedule D of the Procedural By-Law be approved as presented; AND THAT the following people be appointed to the Museum & Heritage Advisory Committee: •Jane Rogers •Joseph Maurice •Irene Lau •Karen Ryan •Andrea Ahrens •Irene Ashworth •Fred Patterson AND FINALLY THAT the Clerk be directed to bring forward the proposed amendments in the amended Procedural By-law.

9. PRESENTATION & CONSIDERATION OF REPORT - COMMITTEE OF THE WHOLE

83 - 92 (a) Committee of the Whole Report

- January 23, 2019

THAT the recommendations contained within Committee of the Whole Report related to the Recreation and Community Services Section be approved.

THAT the recommendations contained within Committee of the Whole Report related to the Planning and Development Services Section be approved.

THAT the recommendations contained within Committee of the Whole Report related to the Transportation and Environmental Services Section be approved.

THAT the recommendations contained within Committee of the Whole Report related to the Finance and Corporate Services Section

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be approved.

93 - 97 (b) Special Committee of the Whole - February 6, 2019

THAT the recommendations contained within Special Committee of the Whole Report related to the Finance and Corporate Services Section be approved.

10. MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN

11. NOTICES OF MOTION

12. CONSIDERATION OF BY-LAWS

98 - 123 (a) By-laws:

2019-10 Being a By-law to Authorize the Entering into of a Dispatch and Information and Communication Services Agreement with the City of Barrie 2019-11 Being a By-law to Authorize the Execution of an Agreement with The Southern Georgian Bay Farmers Markets for the Operation of the Penetanguishene Market at 26 Main Street, Penetanguishene - May 18, 2019 through to October 19, 2019 and to Repeal By-law 2013-31 and 2014-04 2019-12 Being a By-Law to Authorize the Execution of the Dedicated Gas Tax Funds by Municipalities for Public Transportation Program between The Town of Penetanguishene and Her Majesty the Queen in Right of the Province of Ontario, hereby Represented by the Minister of Transportation

THAT the Council of the Town of Penetanguishene introduce the following by-laws; 2019-10, 2019-11, 2019-12 AND THAT by-laws be read a first time and deemed to be read a second and third time and carried.

13. QUESTION PERIOD FROM MEDIA AND PUBLIC

14. ANNOUNCEMENTS AND INQUIRIES

15. CONFIRMATION BY-LAW

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Town of Penetanguishene - Council Agenda Page 124 (a) 2019-13

THAT confirmation by-law 2019-13 , be signed and sealed by the Mayor and Clerk.

16. ADJOURNMENT

of 124

1

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

5 in 5 people have mental health

1 in 5 Canadians personally

experience a mental health

problem or illness

An estimated 500,000 people

are not at work in any given

week due to mental illness

Approximately 8% of adults will

experience major depression at

some time in their lives

It is estimated that 10-20% of Canadian

youth are affected by a mental illness or

disorder – the single most disabling

group of disorders worldwide

2

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Correcting the Myths about Mental Illness

3

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Mental health myths

Mental illnesses are not real illnesses - MYTH

Mental illnesses are just an excuse for poor behaviour - MYTH

People with mental illnesses are violent and dangerous - MYTH

People do not recover from mental illnesses - MYTH

People who experience mental illnesses cannot work - MYTH

Mental illnesses will never affect me - MYTH

(Canadian Mental Health Association)

4

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Waypoint History

2014 Grand Opening of

new Atrium Building in

February, operations begin

in two phases with patients

relocating in April and May

5

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Waypoint Today

• Public Hospital since Dec. 2008

• Catholic Health Sponsors of Ontario

member hospital

• 1,200 employees, 119 volunteers

• Approximately $147 million annual

budget

• Accreditation Canada Exemplary Status

• Member Simcoe County Hospital

Alliance

• Officially launched Waypoint Research

Institute in June 2013

• University of Toronto affiliated hospital

• 301 inpatient beds

Admissions (2017/18 data)

Regional programs: 973

Provincial programs: 147

Total Admissions: 1120

Discharges

Regional programs: 954

Provincial programs: 151

Total Discharges: 1105

Average Occupancy: 91%

6

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Regional 141-bed hospital services

Specialized mental health and addiction services for residents of

Simcoe County, Muskoka, south Parry Sound Districts and parts of

Dufferin County

Inpatient clinical programs • Acute Assessment Program (20 beds)

• Bayview Program for Dual Diagnosis

(16 beds)

• Georgianwood Program for

Concurrent Disorders (15 beds)

• Horizon Program for Geriatric Psychiatry (28 beds)

• Sans Souci Program for Transition and Recovery

(42 beds)

• Brebeuf Program for Regional Forensics (20 beds)

7

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Provincial Forensic Mental Health Programs

The province’s only high secure forensic mental health programs providing

assessment, treatment and care for adult male patients with mental illness

who have come into contact with the law

Inpatient Programs (160 beds)

• Forensic Assessment Program

• Three care units providing mental health and

addiction treatment and rehabilitation

• Beckwith Program

• Beausoleil Program

• Awenda Program

• Full range of rehabilitation and vocational programs

• New modern Atrium Building opened for

patients in May, 2014

8

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Outpatient Mental Health Programs

and the HERO Centre

Approx. 1000 registered outpatients

25,000 visits/contacts with staff

Outpatient Mental Health programs

• Outpatient Assessment and Treatment Services

• Mobile Treatment and Support Team

• Community Consultative Services

• Transitional Age Youth Psychiatric Consultation

HERO Centre:

• H - Housing

• E - Employment

• R - Rehabilitation Services

• O - Our Place Social Club

9

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Waypoint/CHIGAMIK Community Health Hub

• co-locates CHIGAMIK Community Health Centre and Waypoint’s

outpatient and community programs in Midland

• downtown Midland proximity increases accessibility, especially for

those who walk or take the bus and provides access to other services,

area restaurants, shops and businesses

• opportunity to share resources

• partnership includes the Town of Midland, providing a long term

opportunity for residents to receive local health care

• includes new Youth Wellness Hub

10

A collaborative approach to delivering a range of health care services that

enhance people’s physical and mental health through a centrally located

new health hub in the downtown Midland area.

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Youth Wellness Hub

• Fully integrated “one-stop-shops” for youth aged 12-25

• Service planning included their voice and is intended to

address their needs related to mental health, substance use,

primary care, education/employment/training, housing and

other community and social services

• Also includes peer services, outreach, and system navigation

services

• Services emphasize quality and are timely, integrated and co-

located

• North Simcoe Youth Wellness Hub is one of 10 being piloted

across the province

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Planned Opening for 2019

12

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

• Officially launched Waypoint Research Institute

June 21, 2013

• University of Toronto affiliated hospital

• Expanding partnerships and affiliations with Lakehead

University, Northern Ontario School of Medicine, UOIT

Research and Academics

2017 Highlights15 Research peer reviewed publications

55 Invited peer reviews conducted

3 New academic appointments

7 Events and Colloquium Series sessions

1,043 Individuals from across the world

trained in ODARA 101 between 2013 and

2015

13

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Waypoint Research Institute

• Scientific Team (x15)

• Psychology and Psychiatry

• Post-doctoral fellows & graduate students

• Current research & collaborations:

• Neuro-cognitive factors & aggression (fMRI)

• Genetics of mental illness

• Trauma among mental health care providers

• Therapeutic engagement and climate

• Cultural competence

• Metabolic syndrome

• Circadian cycle and aggression

• Digital therapy

• Treatment outcome & evidence-based practice

14

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

http://www.utoronto.ca/

http://www.utoronto.ca/

http://woodrow.org/wp-content/uploads/2015/02/unm-flagship-logo.jpg

http://woodrow.org/wp-content/uploads/2015/02/unm-flagship-logo.jpg

https://upload.wikimedia.org/wikipedia/commons/4/4c/Maastricht_University_logo_(2017_new_version).svg

https://upload.wikimedia.org/wikipedia/commons/4/4c/Maastricht_University_logo_(2017_new_version).svg

Waypoint - The Future

Master Plan – 0 to 5 Years

• Re-programming and minor renovations to improve Regional

programs:

– Move Geriatric program into the Toanche Building and relocate

Georgianwood Program to the stand alone Bayfield building

– Create consolidated regional program therapy mall and multi-

purpose leisure, lifestyle and activation areas in Toanche

30 Year Vision

• Relocate regional inpatient programs

to new fully accessible building with

individual patient rooms (currently up

to 6 patients per room)

• Add transitional housing to campus

• Build academic buildings to further

research and partnerships15

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

Upcoming Events

March 30, 2019

February 23, 2019

Presentation from W

aypoint, Carol Lam

bie, CEO

of 124

CULTURE COMMITTEE

Presentation to Town of Penetanguishene

February 13, 2019

Fred Hacker, Chair, Culture Committee

Presentation from C

ulture North Sim

coe, Fred Hacker, C

omm

ittee Chair

of 124

CURRENT STATUS■ Midland Municipal Cultural Plan (the “Plan”) prepared in

2013 and adopted in 2014

■ Plan specifically contemplates a regional approach to cultural planning:– Section 3.2: “The call for greater collaboration reached beyond

the Town of Midland to the wider region. ... regional alliances and joint strategies set a precedent for similar potential action in the cultural area. … Mechanisms to support ongoing dialogue with neighbouring municipalities on cultural development issues were called for. … The importance of culture and heritage cited in both the Economic Development Strategy Action Plan and the Huronia Area Tourism Strategy open up opportunities to leverage recommendations in these plans to advance a regional cultural agenda.”

Presentation from C

ulture North Sim

coe, Fred Hacker, C

omm

ittee Chair

of 124

■ Culture Midland Committee (the “CMC”) found

cultural activity overlaps municipal boundaries

■ CMC 2016 Strategy & Initiatives adopted

initiative to expand beyond geographic limits

■ In 2017, Midland Council approved expansion

of CMC activities beyond municipality

■ In past year, representatives appointed by

Penetanguishene (Deputy Mayor Anita

Dubeau), Tay, and Tiny joined CMC

Presentation from C

ulture North Sim

coe, Fred Hacker, C

omm

ittee Chair

of 124

■ 2017 Trillium Grant was regionally based

■ Two goals of the Plan are to :

1. “promote cultural activity”; and

2. “celebrate & leverage cultural resources”

CMC believes that the most effective and appropriate was to achieve these goals is on a regional basis by establishing a Joint Cultural Committee (“JCC”)

Presentation from C

ulture North Sim

coe, Fred Hacker, C

omm

ittee Chair

of 124

ACTIVITIES

1. * Culture Awards

2. * Artrepreneur

3. * Business for Arts

4. * tArt Music & Art Festival

5. * Time.ly calendar

6. * Grants Presentation

7. * Great Lakes Shipwrecks

* connotes regional

8. * Cultural Connections

9. * Data base of creatives

10. * Cruise ship visits

11. * Arts, Culture, Heritage

12. * Doors Open

+ * Tall Ships 2019

+ * Busker Festival 2019

+ * Artist in Residence

Presentation from C

ulture North Sim

coe, Fred Hacker, C

omm

ittee Chair

of 124

PROPOSAL

1. CMC has been authorized by Midland

Council to seek support of Penetanguishene,

Tiny, Tay, and Beausoleil First Nation

(“Communities”) to create JCC.

2. CMC will seek temporary appointments to

JCC of one Council Member and one staff

person per Community to create Terms of

Reference for adoption by each Community.

Presentation from C

ulture North Sim

coe, Fred Hacker, C

omm

ittee Chair

of 124

3. Communities will then make appointments to JCC per new Terms of Reference.

4. Each Community is asked for $10,000 per annum for programming.

5. Each community will be invited to make one staff person available to support work of JCC in its community (Midland will provide Karen Mealing as principal cultural coordinator).

Presentation from C

ulture North Sim

coe, Fred Hacker, C

omm

ittee Chair

of 124

ANNUAL BUDGET (Preliminary)

■ $5000 – Culture Awards

■ $7000 – Artrepreneur

■ $6000 – Cultural

Symposium

■ $2000 – Calendar

■ $5000 – Grants

■ $2500 – Cruise Ships

■ $2500 – Cultural

Connections

■ $5000 – Tall Ships

■ $5000 – Buskers

■ $10,000 - Festivals

Presentation from C

ulture North Sim

coe, Fred Hacker, C

omm

ittee Chair

of 124

PENETANGUISHENE SPECIAL COUNCILCOUNCIL CHAMBERS, TOWNHALL,

WEDNESDAY JANUARY 23, 2019, AT 6:00 PM

MINUTESPresent: Mayor D. LerouxDeputy Mayor A. DubeauCouncillor G. VadeboncoeurCouncillor D. LevyCouncillor J. KlugCouncillor D. LaRoseCouncillor J. St.Amant

CAO, J. LeesCorporate Services Executive Assistant, K. ColeDirector of Public Works, B. MurrayTreasurer, C. Robillard

Regrets: Councillor B. CummingsCouncillor M. Mayotte 1. CALL TO ORDER

The Mayor called the meeting to order at 6:04 p.m.

2. DECLARATION OF PECUNIARY INTERESTNone.


i) Special Council- January 23, 2019Moved by Councillor G. Vadeboncoeur and Seconded by Councillor J. St. Amant

THAT Council approve the agenda of the Special Council meeting dated January 23, 2019 as presented.

Minutes: Special Council Meeting Minutes - January 23, 2019 Council Meet... of 124

Town of Penetanguishene - Special Council MinutesCARRIED

4. IN-CAMERA ITEMS

i) Convene in Closed SessionMoved by Councillor J. St. Amant and Seconded by Councillor G. Vadeboncoeur

THAT in accordance with the Town of Penetanguishene Procedural By-law 2017-86, the Council of the Town of Penetanguishene move into an in-camera session to discuss:- litigation or potential litigation affecting the municipality or local board, including matters before administrative tribunals - advice that is subject to solicitor-client privilege, including communications necessary for that purpose

CARRIED

iii) Arise from Closed SessionMoved by Councillor G. Vadeboncoeur and Seconded by Councillor J. St. Amant

THAT the Council of the Town of Penetanguishene rise from in-camera session with a report.

CARRIED

5. REPORTS FROM IN-CAMERA MEETING HELD

i) Philip H. Jones PCP Upgrades Litigation UpdateMoved by Councillor D. Levy and Seconded by Councillor J. Klug

THAT Council of the Town of Penetanguishene direct staff as outlined in the report.

CARRIED

6. QUESTION PERIOD FROM MEDIA AND PUBLICNone.

7. ADJOURNMENTThe meeting was adjourned at 7:14 p.m.


Town of Penetanguishene - Special Council Minutes

Recording Secretary

MAYOR


THE CORPORATION OF THE TOWN OF PENETANGUISHENECOUNCIL MEETING

COUNCIL CHAMBERS, TOWNHALLWEDNESDAY JANUARY 23, 2019 at 7:00 PM

MINUTESPresent: Mayor D. LerouxDeputy Mayor A. DubeauCouncillor G. VadeboncoeurCouncillor J. KlugCouncillor D. LevyCouncillor D. LaRoseCouncillor J. St.Amant

CAO, J. LeesCorporate Services Executive Assistant, K. ColeDirector of Recreation & Community Services, S. DesjardinsDirector of Planning & Community Development, A. BettyDirector of Public Works, B. MurrayTreasurer, C. RobillardDirector of Human Resources & Health & Safety, T. MartinDeputy Fire Chief, P. Genier

Regrets: Councillor B. CummingsCouncillor M. Mayotte

A CALL TO ORDERThe Mayor called the meeting to order at 7:14 p.m.

B WELCOME & COUNCIL COMMITMENT

C APPROVAL OF AGENDA

1) Regular Council Agenda- January 23, 2019


Town of Penetanguishene - Regular Council MinutesMoved by Councillor D. LaRose and Seconded by Councillor G. Vadeboncoeur

THAT the agenda of the Regular Council meeting of January 23, 2019 be approved as presented.

CARRIED

D DECLARATION OF PECUNIARY INTERESTNone.

E DEPUTATIONS/PRESENTATIONSNone.

F MATTERS FOR CONSIDERATION

1) Committee and Board AppointmentsCAO J. Lees noted that there may be further appointments to the committees at a later date.

Moved by Councillor G. Vadeboncoeur and Seconded by Councillor D. LaRose

THAT the Council of the Town of Penetanguishene ratify the Mayor's Public Member Appointments to the following Town Advisory Committees:

Committee of AdjustmentDonald CharleboisLois LiptonRoss SpearnKathy Elsdon Befort

Penetanguishene Public Library BoardWilliam Arnold MontgomeryJanice MarshallAvela Theresa Robitaille-MarchildonElizabeth Desrochers

Police Services BoardBrad Saunders

CARRIED


Town of Penetanguishene - Regular Council Minutes

G ADOPTION OF MINUTES NOT ALREADY CONFIRMED

1) Minutes:Council - January 9, 2019Committee of the Whole - January 9, 2019Moved by Councillor D. LaRose and Seconded by Councillor G. Vadeboncoeur

THAT the following minutes of Council meetings be confirmed and adopted as circulated:Council - January 9, 2019Committee of the Whole - January 9, 2019

CARRIED

H PRESENTATION & CONSIDERATION OF REPORT - COMMITTEE OF THE WHOLE

1) Committee of the Whole Report-January 9, 2019Moved by Councillor D. LaRose and Seconded by Councillor J. St.Amant

THAT the recommendations contained within Committee of the Whole Report related to the Recreation and Community Services Section be approved.

CARRIED

Moved by Deputy Mayor A. Dubeau and Seconded by Councillor J. Klug

THAT the recommendations contained within Committee of the Whole Report related to the Planning and Development Services Section be approved.

CARRIED

Moved by Councillor D. Levy and Seconded by Councillor J. Klug

THAT the recommendations contained within Committee of the Whole Report related to the Transportation and Environmental Services Section be approved.


Town of Penetanguishene - Regular Council Minutes

CARRIED

Moved by Councillor G. Vadeboncoeur and Seconded by Councillor D. LaRose

THAT the recommendations contained within Committee of the Whole Report related to the Finance and Corporate Services Section be approved.

CARRIED

I PRESENTATION & CONSIDERATION OF REPORT - SPECIAL COMMITTEESNone.

J MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVENNone.

K NOTICES OF MOTIONNone.

L CONSIDERATION OF BY-LAWS

1) 2019-05Being a By-law to Establish A Code Of Conduct For Members Of Council And Complaint Protocol2019-06Being a By-law to Appoint an Alternate Member to the Council of the County of Simcoe during an absence of the Mayor or Deputy Mayor2019-07Being a By-law to Authorize the Execution of a Banking Services Agreement Between TD Canada Trust and The Corporation of the Town of Penetanguishene2019-08Being a By-Law to Amend the Town of Penetanguishene Water Works Utility By-law 2015-64 Schedule C – Reduction of Large Water Consumption ChargesMoved by Councillor D. LaRose and Seconded by Councillor G. Vadeboncoeur

THAT the Council of the Town of Penetanguishene introduce the following by-laws;


Town of Penetanguishene - Regular Council Minutes2019-05, 2019-06, 2019-07 and 2019-08AND THAT by-laws be read a first time and deemed to be read a second and third time and carried.

CARRIED

M QUESTION PERIOD FROM MEDIA AND PUBLICNone.

N ANNOUNCEMENTS AND INQUIRIESMayor D. Leroux provided congratulations to five members of the Community Emergency Response Team who were recently celebrated for their achievements as volunteers over the past many years.

O CONFIRMATION BY-LAW

1) 2019-09Moved by Councillor D. LaRose and Seconded by Councillor G. Vadeboncoeur

THAT confirmation by-law 2019-09, be signed and sealed by the Mayor and Clerk.

CARRIED

P ADJOURNMENTThe meeting was adjourned at 7:22 p.m.

Recording Secretary

MAYOR


The Corporation of The Town of Penetanguishene

Council Report

COMMITTEE: Transportation and Environmental Services COMMITTEE CHAIR: Councillor Michel Mayotte SUBJECT: Dedicated Gas Tax Funds for Public Transportation

Agreement (2018/2019 Allocation) REPORT: RDS-2019-05

REPORT HIGHLIGHTS

The purpose of this report is to seek Council’s approval to enter into a new Gas Tax Funding Agreement with the Ministry of Transportation.

Based on the funding formula outlined in the Dedicated Gas Tax Funds for Public Transportation Program, the Town of Penetanguishene is eligible to receive an allocation of $84,174 for this program year (2018/2019).

Two signed copies of the Letter of Agreement and the required supporting by-law are to be submitted to the Division Services and Program Management Office of the Ministry of Transportation by January 31, 2019.

Due to the tight timelines for the submission of the signed agreement and by-law this report has been brought directly to Council for approval.

RECOMMENDATION THAT Council enter into a Letter of Agreement with Her Majesty the Queen in Right of Ontario (as represented by the Minister of Transportation) for the provision of Gas Tax funding for the Town of Penetanguishene Transit System. AND THAT a by-law for the contribution agreement be brought forward by staff for council approval. BACKGROUND The Ministry of Transportation has a formula based funding agreement with each municipality in Ontario that provides a public transit system. Moving forward, the Town will be in a position to receive a funding allocation on an annual basis, provided we continue to sign the Letter of Agreement and implement the necessary by-law. Due to the tight timelines for the submission of the signed agreement and by-law this report has been brought directly to Council for approval. A copy of the executed by-law and two signed Letters of Agreement must be submitted to the Ministry of Transportation by January 31, 2019. The Ministry of Transportation realizes that this deadline may not be achievable considering that the agreement package was not received by the municipality until January 22, 2019.

Dedicated Gas Tax Funds for Public Transportation Agreement (2018/2019 A... of 124


Council Report

ANALYSIS Through the execution of the provincial gas tax funding agreement the Town will receive $84,174, which is to be reinvested into the operation of the existing transit system. The 2018 transit reporting forms must also be submitted to the Ministry of Transportation by February 28, 2019 for recipients to receive their funding allocation. The cover letter and letter of agreement for the provincial transit gas tax allocation has been attached to this report for information. BUDGETARY IMPLICATIONS The financial allocation that will be provided to the Town of Penetanguishene will be $84,174, compared to the 2019 budget estimate of $75,000. This amount will be paid out with an initial installment of $63,131 upon receipt of the signed Letter of Agreement and related by-law, with the balance being issued thereafter. RISK MANAGEMENT Not applicable COMMUNICATION & MARKETING A copy of the executed by-law and two signed Letters of Agreement must be submitted to the Ministry of Transportation by January 31, 2019. The Ministry of Transportation realizes that this deadline may not be achievable considering that the agreement package was not received by the municipality until January 22, 2019. RELEVANT BACKGROUND REPORT Not applicable SUSTAINABILITY By entering into an agreement with the Ministry of Transportation, funds will be allocated to the Town of Penetanguishene that will contribute to the sustainability of our transportation program. STRATEGIC GOALS & OBJECTIVES It is a strategic goal of the Town of Penetanguishene to build strong, mutually beneficial relationships with service providers that will enhance the well-being of our community. Prepared by: Carmen Gignac, Public Works Administrative Support Reviewed by: Bryan Murray, P.Eng., Director of Public Works Carrie Robillard, CPA, CGA, Director of Finance/Treasurer Jeff Lees, CPA, CGA, Chief Administrative Officer COW Meeting Date: n/a Council Meeting Date: February 13, 2019 ATTACHMENTS Attachment 1 - 2018/2019 Provincial Gas Tax Allocation Cover Letter Attachment 2 – 2018/2019 Provincial Gas Tax Allocation Letter of Agreement



Council Report

Electronic File Location: Q:\SERVER\Public Works\Bryan\Projects\Municipal\2019 Projects\Midland Pentanguishene Transit System\2018_2019 Gas Tax Allocation Agreement\COW Report - Gas Tax Funding Agreement 2019.docx


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Council

COMMITTEE: Council COMMITTEE CHAIR: Mayor Doug Leroux SUBJECT: Appointments to the Main Street Art Ad Hoc Committee

REPORT: PL-2019-05

REPORT HIGHLIGHTS

On December 12, 2018 Council approved the establishment of the Main Street Art Project Ad Hoc Committee;

Notice of the Committee and a call for volunteers was issued in the Midland Mirror on December 27, 2018 and January 17, 2019 and promoted on the Town’s website and social media platforms;

The Town has received eleven (11) volunteer offers from residents representing various areas of interest;

The Town also received interest from Quest Art School and Gallery indicating their interest in supporting the Committee in a resource capacity;

The purpose of this report is to recommend appointments to the Main Street Art Project Ad Hoc Committee.

RECOMMENDATION THAT the following residents be appointed to the Main Street Art Project Ad Hoc Committee:

Deputy Mayor Anita Dubeau – Council Representative and Chair;

Kathleen Buchan;

Andrea Cole;

Judith Davies;

Blanche Fox;

Jenny Leroux;

Karen Lacroix Mealing;

Jean Miller;

Michael Odesse;

Anthony Orsatti;

Nathanha Woods;

______________ (to be provided February 13); AND THAT Virginia Eichhorn of Quest Art School and Gallery be invited to participate in the Main Street Art Project Ad Hoc Committee as a resource and non-voting member. BACKGROUND Council approved the establishment of an Ad Hoc Committee to assist and guide the Main Street Art Project at their Regular Council meeting on December 12, 2018. Staff

Appointments to the Main Street Art Ad Hoc Committee PL-2019-05 of 124


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recruited volunteers to participate on the Ad Hoc Committee using the Midland Mirror and the Town’s social media in December 2018 and January 2019. By January 31, 2019 eleven (11) residents of the Town have put their names forward representing a variety of stakeholder and interest groups including the arts community, downtown businesses, indigenous community, francophone community and interested residents. Additionally, Quest Art School and Gallery has indicated their interest in assisting the Town in the project and in discussion with staff have indicated that they could participate as a resource to the Ad Hoc Committee. Staff are recommending that Council accept and endorse all those who have put their names forward to participate on this Committee and as such have made that recommendation. There is a significant level of interest in the Project and each of the residents have provided some information with respect to their history and interest, which are included in this report as Attachment #1. ANALYSIS The original Staff Report (PD-18-64) that was considered by Council in December of 2018 recommended an Ad Hoc Committee consisting of a total of seven (7) members including a member of Council, representing various stakeholder groups and industry sectors. The proposed stakeholder groups included: Advisory Committee members, Arts Community, Downtown Businesses, Indigenous Community and the Francophone community. The Town has received interest from several residents, more than anticipated, to fill the recommended positions. There has been interest from six (6) residents who have put their name forward from the arts sector and two (2) residents with no specific affiliations who have an interest in assisting the Town on this project. The remaining stakeholder groups all have representation from residents. Given the level of interest from residents in this project, it is recommended by staff that all those submitting their names be appointed to the Ad Hoc Committee. The inclusion of four (4) additional residents to the Ad Hoc Committee does not have any negative impacts and may result in additional engagement by the Town’s residents. It should be noted that staff were anticipating a volunteer from the Indigenous Community after a meeting on February 6, 2019, which unfortunately was cancelled due to inclement weather. Our understanding is that the meeting has been rescheduled and that the volunteers name will be forthcoming prior to February 13, 2019. Staff suggest that the name be added to the Motion as a friendly amendment to the Motion. Additionally, Virginia Eichhorn Executive Director and Curator of the Quest Art School and Gallery has indicated her interest in assisting the Ad Hoc Committee and noted her involvement with similar projects in the City of Kitchener and the Town of Owen Sound. Options for Consideration Option #1 (staff recommendation)


https://penetanguishene.civicweb.net/FileStorage/4115E820D631441AB7AE47E857C4A890-Staff%20Report%20PD-18-64%20Ad%20Hoc%20Committee%20Main%20Street.pdf


Council

THAT the following residents be appointed to the Main Street Art Project Ad Hoc Committee:


Kathleen Buchan;

Andrea Cole;

Judith Davies;

Blanche Fox;

Jenny Leroux;

Karen Lacroix Mealing;

Jean Miller;

Michael Odesse;

Anthony Orsatti;

Nathanha Woods;

______________ (to be provided February 13); AND THAT Virginia Eichhorn of Quest Art School and Gallery be invited to participate in the Main Street Art Project Ad Hoc Committee as a resource and non-voting member. In this Option, Council would endorse all those who have put their names forward to participate on the Ad Hoc Committee. The Main Street Art Ad Hoc Committee could begin their work on the Project as soon as possible. Option #2 THAT the following residents be appointed to the Main Street Art Project Ad Hoc Committee:


__________________;

__________________;

__________________;

__________________;

__________________;

__________________; AND THAT Virginia Eichhorn of Quest Art School and Gallery be invited to participate in the Main Street Art Project Ad Hoc Committee as a resource and non-voting member. In this Option, Council would select the residents who have offered to volunteer on the Ad Hoc Committee, in keeping with the direction of Council from the December 12, 2018 meeting. FINANCIAL IMPLICATIONS Council has allocated $20,000 of the Main Street Revitalization Grant from OMAFRA for the project. Staff and the Ad Hoc Committee will continue to pursue additional funding streams.



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All other costs associated with the establishment of the Ad Hoc Committee can be found within the Planning and Community Development operating budget (Advertising, Printing and Supplies, etc.). RISK MANAGEMENT The Town’s Corporate Insurance provider will be notified of the increased number of Volunteers that would need to be covered under the Town’s liability insurance policy, as well as AD&D coverage. COMMUNICATION & MARKETING All those who have contacted the municipality to volunteer will be contacted following a decision by Council on the status of their appointments. RELEVANT BACKGROUND REPORT(S) Main Street Revitalization Initiative Report – June 13, 2018 Committee of the Whole Staff Report PD-2018-64 Ad Hoc Committee of Council Main Street Art Project December 13, 2018 SUSTAINABILITY CN4: Recognize and protection cultural identification and local arts and heritage. STRATEGIC GOALS & OBJECTIVES It is a strategic goal of the Town of Penetanguishene to participate in funding programs when funds are allocated and to assist our local businesses. Prepared by: A. Betty, MCIP RPP, Director of Planning and

Community Development Reviewed by: Carrie Robillard, CPA, CGA, Director of Finance/Treasurer

Jeff Lees, CPA, CGA, Chief Administrative Officer COW Meeting Date: n/a Council Meeting Date: February 13, 2019 ATTACHMENTS Attachment #1 – Volunteer Submissions of Interest in the Main Street Art Project Ad Hoc Committee Electronic File Location: S:\All Access Folders\Forms and Templates\Templates\Report Templates\COW Staff Report Template (all sections).docx


https://penetanguishene.civicweb.net/FileStorage/909A2EB08D7443DD8DF05725297F520B-COW%20Report%20-%20Main%20Street%20Revitalization%20Initiative.docx



Hello, I am a 38-year-old aspiring artist, and a resident of Penetanguishene for the past 7 years. I am interested in being part of the Main Street Art Committee both as a means of expanding my horizons artistically and as a way to contribute to my community. Please let me know if there is any other information I can provide. Regards, Andrea Cole


My name is Anthony Orsatti I’m a penetang local and main st business owner and owner of the only art gallery in town . I’ve travelled many continents and worked many projects of many mediums . Art is my complete life for over 2 decades . I am an Award winning artist and painter and I’d love to offer my skills and knowledge in the way of contemporary realism and my view all aspects of life when designing art for the public , many considerations need to be taken when dealing with art in the community and I’d love to help the project. I’m available 24/7 for any meetings and such unless I’m temporarily out of province/ country working an art convention or show for week or two at a time . I can offer a lot of input from different styles to sales pitch and budget, or earth friendly and politically correct art . I’m just a local business and home owner trying to keep the town a beautiful historic place as it should be and encouraging good quality art and its representation. Thanks Anthony Orsatti


Dear Andrea As a resident of Penetanguishene, I am excited to hear about the art project on main street. I am in favor of any and all downtown improvement projects. My husband and I moved to Penetanguishene 3 years ago from Hamilton. I am retired from a job with the Provincial Government. I was very involved in volunteer positions with the City of Hamilton. I am passionate about volunteerism and I am an art appreciate. I have previously served on the Committee Against Discrimination in Hamilton and been a member of Hamilton Art Council prior to moving to Penetanguishene. I have witnessed the boost in the economy in Hamilton due to the support of the arts community and the overall improvements to downtown living. I hope you will consider me as a volunteer for this very important undertaking. Thank you Jean Miller


Hi Andrea, I am interested in representing the Francophone Community and sitting on the Downtown Art Committee. Regards Jenny Leroux


Hi Andrea I am fairly new to Penetanguishene, moved here 2 years ago. So I hope I qualify to apply to be on the committee. My name is Judith Davies, I am 67, a retired nurse. (Was a nurse for 47 years) I am married to Alan who is also retired. He was a paramedic for 41 years. We live on Poyntz Street. We moved to Penetanguishene as we loved the people and the area. We have so much beauty here. My reason for wanting to be on the committee is, I would love to get involved with a project that will make our little town even more inviting, more beautiful and be even more interesting to visitors. There is so much history here, to be able to tell that history through art would give us such an opportunity to tell Penetanguishene’s story and to preserve it for future generations. I was wondering if this could be considered - There is a very white wall on the left hand side of the road as you leave Penetanguishene, just past Thompson. To see a mural painted on that would really brighten up the entrance to our town and also be a topic of conversation as people leave on county road 93. Thank you for reading my email. I would be honoured to be part of the committee. I can see it would be so much fun and so interesting. Judith Davies


Good day. My name is Kathleen Buchan & I have lived in Penetang for over 24years & visited area long before that ! Having been born in Montreal & lived there & Toronto for over 30 years, I have loved living in a quiet & smaller Town,, Would be delighted to give you any help or opinions! Actually ,last summer Anita Dubeau asked me if I would be interested in serving on this Ad Hoc committee, & said she would let me know when it would be organized! A quick background of what I have been up to all these years. Studied fine art at Montreal Museum of fine arts while Arthur Lismer was Curator, Learned Drafting skills at Bell Tell Co working in the Electrical Engineering Dept. Studied Commercial Art at Conestoga University in Montreal Taught Art & Interior design Course for Conestoga College! That, after working in Toronto as a Draftsmen in an Engineering firm , taking an Interior design Course & teaching Art at several Night Schools & Galleries! Ended up working for an Interior designer , & was asked to join a Large Engineering Co to do Drafting, & layouts,& be a Color Consultant etc I continued teaching & design work, until I retired to this area ! Taught for Georgian College for a few years[ Interior design & Credit Art course! ] Then I retired & was one of the artists that started the Quest Art School & Gallery in Penetang , about 20yrs.ago! With 3 fellow artists, we ran Art In The Park in Rotary Park for 4 Years, down where we have a statue now! If you would like to speak or meet me in person please feel free to contact me . I hope there is a way I can help you! Thanks Kathleen Buchan


Dear Betty, I would be interested in participating on this project. My wife and I are bicycle touring cyclists and in the last 3 years have bicycled over 10,000 kms through small towns in Canada and the USA. The art in some of the towns we bicycled through is what always makes us remember them by. I would be happy to compile some photographic images as examples. Look forward to your response. Sincerely, Michael Odesse


Hi Andrea! Yes I would like to join the committee, I'm cool to represent the businesses ;) My mom, Blanche Fox (local artist) is interested in joining as well if there's still room. She doesn't do email or the internet for that matter, but I can keep her in the loop if you can consider this her request to join the committee too. Thank you! Nahthanha Make a Mess Art Studio


19 Maria Street Penetanguishene, Ontario L9M 1L5 January 2, 2019 Town of Penetanguishene 10 Robert Street West Penetanguishene, Ontario L9M 2G2 Dear Ms. Betty and Town of Penetanguishene Council, For the past 16 years, I have dedicated my efforts, as both a staff member and volunteer, to planning and promoting arts and cultural pursuits in our area. I was born and raised in Penetanguishene and continue to make it my home. I am excited about the prospect of including public art as part of the recent reconstruction project and I ask that you consider my application to be a member of the Main Street Art Project Committee. I am currently employed as the Cultural Development Coordinator with the Town of Midland and previously I was the Director of Quest Art School + Gallery. My association with Quest Art began in fall 2002 and the development of their original gallery located in Penetanguishene. I possess a Bachelor of Fine Arts from the University of Ottawa and I can contribute a knowledge of contemporary visual arts in Canada, in addition to the contacts and personal relationships I have with many Simcoe County-based artists, cultural organizations and groups. I am able to conceive, plan, develop and secure the partners and the funding necessary for small- and large-scale projects, such as Quest Art’s recent North Simcoe Canada 150 Mural Project. In my role with the Town of Midland, I formulate new learning, networking and promotional opportunities for local creatives and continue to develop community engagement projects. I have extensive grant-writing experience and knowledge of funding opportunities and have discussed this project with Deputy Mayor Dubeau. I thank you for considering me for this committee and I may be reached at [email protected] or 705-427-2324 should you have any questions. Sincerely, Karen Lacroix Mealing


mailto:[email protected]


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COMMITTEE: Council COMMITTEE CHAIR: Mayor Doug Leroux SUBJECT: Community Based Strategic Plan

REPORT: CAO-2019-01

REPORT HIGHLIGHTS

The development of a Community Based Strategic Plan was recommended by the Service Delivery Review undertaken in 2017;

Strategic plan would identify the Town’s principles and values, the collective will of the residents, and identify physical and fiscal resources;

The benefit of having a Strategic Plan is that it will improve accountability and transparency, provide clear defined direction for departments, staff and the organization, and the tools to measure performance against the plan;

A large part of the project will be engaging the residents, businesses and other community service based groups and agencies to identify and define the key values held by the community with respect to services and future vision for the town;

Through the Town’s procurement process, staff are proposing to engage a consultant to facilitate and conduct the entire strategic planning process with assistance from Council, staff and the community.

RECOMMENDATION THAT Council approve the issuance of a request for proposal for consultation services for the development of a Community Based Strategic Plan; AND THAT Staff proceed as per the Town’s procurement policy with the tendering process; AND FURTHER THAT Staff report back to Council with an update following the Request for Proposal process. BACKGROUND The last strategic plan adopted by Council was for the 2014-2017 term and was created internally. It was identified in the Service Delivery Review performed by Blackline Consulting Inc. in 2017, that the Town’s strategy required updating to reflect the Town’s current situation, the needs of the constituents and key performance indicators. The development of a strategic plan will provide clear defined direction for departments and the ability to measure performance against plan metrics which will enhance accountability and transparency and the efficient operation of the Town.

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ANALYSIS Being the start of a new term of Council, it’s the ideal time to analyze the critical issues that face the community and require Council’s attention. It’s recommended that, with the guidance and assistance of Council and staff, this process be completed through the engagement of a neutral and objective third party, experienced in the development of strategic plans. Key deliverables for the project are:

Developing a corporate mission, strategic vision and related goals

Determining key values and principles to guide our direction and decision making

Recommending actions to achieve strategic vision and goals

Listing strategic issues relevant to Penetanguishene

Summarizing the strategic planning process

Providing performance measurement tools for application during the implementation phase

Developing a communication and marketing plan A large part of the project will be engaging the residents, businesses and other community service based groups/agencies to identify and define the key values held by the community with respect to key services and future vision. A part of that process will include a comprehensive public consultation process that will be guided by the consultants. The goal and intent of the plan is to achieve a strategic scope that is reflective of the principles, values, physical and fiscal resources, and collective will of the residents. By focusing on a longer term and vision for the Town, the plan can be utilized over a longer period and by more than one term of Council. Rather than simply reacting to change, the Town can use the strategic planning process to also examine issues and concerns. Project goals will include creating a community that is sustainable, providing opportunities for business and economic growth, ensuring healthy lifestyles for our residents and protecting social and cultural connections. While community sustainability doesn’t necessarily imply growth or expansion, it does imply change. The decisions made, or not made, will shape how a community develops and prospers. The results of this project not only have countless benefits for Council but it will assist staff in making appropriate recommendations that are consistent with the corporate mission, vision and goals. From the issuance of the RFP for the consultant to the engagement of the residents and considering time for analysis and report preparation, this process could take in excess of six months. Staff are therefore recommending that the RFP for consulting services be issued immediately upon approval. This will also permit this term of Council to derive the maximum benefit from the developed plan.



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FINANCIAL IMPLICATIONS Funds of $50,000 for the development of a community based strategic plan through a neutral and objective third party firm were included in the 2018 operating budget which have been carried over to the 2019 budget. RISK MANAGEMENT Not Applicable. COMMUNICATION & MARKETING Communication with Staff, Council and the community will be integral from beginning to completion of the Community Based Strategic Plan project. RELEVANT BACKGROUND REPORT(S) March 14, 2018 – Service Delivery Review – Road Map Report March 14, 2018 – Service Delivery Review – Road Map Attachment 1 SUSTAINABILITY Three pillars:

1. Environmental Sustainability 2. Economic Prosperity 3. Community Well-Being

STRATEGIC GOALS & OBJECTIVES Core Values:

1. Good Governance 2. Quality, Personal and Professional Service 3. Well Maintained

Prepared by: Kelly Cole, Corporate Services Executive Assistant Reviewed by: Carrie Robillard, CPA, CGA, Director of Finance/Treasurer Jeff Lees, CPA, CGA, Chief Administrative Officer Council Meeting Date: February 13, 2019 ATTACHMENTS Attachment 1 - Request for Proposal – Community Based Strategic Plan Electronic File Location: CAO-2019-01 Community Based Strategic Plan REPORT.docx


https://penetanguishene.civicweb.net/FileStorage/B47EA3205A184EADAFB1879F33A93C9D-CAO%20Report%202018-02%20-%20Service%20Delivery%20Review%20-%20Pro.pdf

https://penetanguishene.civicweb.net/FileStorage/8BA3E619BFD44B8A9621C4309199601F-CAO%20Report%202018-02%20-%20Service%20Delivery%20Review%20-%20Pro.pdf

CAO-2019-01%20Community%20Based%20Strategic%20Plan%20REPORT.docx

CAO-2019-01%20Community%20Based%20Strategic%20Plan%20REPORT.docx

Town of /Ville de Penetanguishene

10 rue Robert St. West/ouest, P.O./C.P. Box 5009

Penetanguishene, ON L9M 2G2

Tel: 705.549.7453 Fax: 705.549.3743

www.penetanguishene.ca

REQUEST FOR PROPOSAL

CORPORATE STRATEGIC PLAN

CS-19-01

Sealed proposals, plainly marked as to the contents will be

received by the undersigned up until 12:00 P.M. on DATE TBD

Town of Penetanguishene Attention: Jeff Lees, CAO

10 Robert Street West P.O. Box 5009

Penetanguishene, ON, L9M 2G2 Phone: (705) 549-7453 ext. 203

Fax: (705) 549-3743 Email Inquiries: [email protected]

Personal information is collected under the authority of the Municipal Freedom of Information Protection

of Privacy Act and is necessary to receive and evaluate the submitted Request for Proposal. The use of

your personal information will be restricted to the purposes described or for any consistent purpose. If you

have any questions please contact Jeff Lees, CAO, Town of Penetanguishene.

The Corporation of the Town of Penetanguishene reserves the right to accept or reject all or part of any

Proposal and also reserves the right to accept other than the lowest proposal and to cancel this Request

for Proposal at any time.


Town of Penetanguishene

RFP - CORPORATE STRATEGIC PLAN

Page 2

REQUEST FOR PROPOSALS

CONSULTING SERVICES CORPORATE STRATEGIC PLAN

TABLE OF CONTENTS

PART A – INSTRUCTIONS TO PROPONENTS ............................................................ 3

1. Introduction .............................................................................................................. 3 2. Receipt of Proposal .................................................................................................. 3 3. Unacceptable Proposals .......................................................................................... 4 4. Inquiries and Clarifications ....................................................................................... 4 5. Evaluation Process .................................................................................................. 5 6. Award ....................................................................................................................... 5 7. The Contract ............................................................................................................ 6 8. Freedom of Information and Protection of Privacy Act ............................................. 6 9. Confidentiality........................................................................................................... 6

PART B – SCOPE OF WORK ........................................................................................ 7

1. Purpose .................................................................................................................... 7 2. Background .............................................................................................................. 7 3. Related Policies and Procedures ............................................................................. 7 4. Scope of Work.......................................................................................................... 8 5. General Process ...................................................................................................... 9 6. Deliverables ........................................................................................................... 10 7. Qualifications.......................................................................................................... 10 8. Format of Proposal ................................................................................................. 11 9. Timeline ................................................................................................................. 11 10. Reporting Structure ................................................................................................ 12

PART C – GENERAL CONDITION .............................................................................. 13

1. Ordering and Invoicing ........................................................................................... 13 2. Conduct of the Contract ......................................................................................... 13 3. Termination of the Contract .................................................................................... 13 4. Contract Disputes ................................................................................................... 13 5. Warranty ................................................................................................................ 13 6. Indemnification ....................................................................................................... 14 7. Taxes ..................................................................................................................... 14 8. Laws ....................................................................................................................... 14 9. Assignment ............................................................................................................ 14 10. Notices ................................................................................................................... 14




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PART A – INSTRUCTIONS TO PROPONENTS

1. Introduction The Town of Penetanguishene is requesting responses to the request for proposal

(RFP) for the provision of consulting services from consultants or consulting firms

with municipal corporate strategic planning expertise to assist the municipality in

development a corporate strategic plan.

Proposals must be received no later than 12:00 p.m. DATE, by the Chief

Administrative Officer, Jeff Lees, Town of Penetanguishene, 10 Robert Street West,

P.O. Box 5009, Penetanguishene, ON, L9M 2G2.

2. Receipt of Proposal It is the sole responsibility of the Proponent to submit their proposal, with all

accompanying schedules, appendices or addenda to be received prior to the

closing time of 12:00 p.m. on DATE. Proposals received after the noted due time

will not be considered. The time indicated on the phone system at reception in

Townhall, is the official time piece for the receipt of all proposals whether by

hand/courier delivery or email.

Proposals received after the closing date and/or time or in locations other than the

address indicated, will not be accepted and will be returned unopened. The Town

of Penetanguishene reserves the right, at its sole discretion, to extend the closing

date and time.

Proposals shall be received by Hand or Courier Delivery

One (1) hard copy of the proposal should be enclosed and sealed in an

envelope clearly marked: “Request for Proposal – Corporate Strategic

Plan” along with one (1) electronic version on DVD or USB flash drive. The

municipality reserves the right to make additional copies for internal use as

required.

The Town of Penetanguishene will not be liable for any delay for any reason. It is

the Proponents sole responsibility to ensure they allow themselves enough time to

submit the proposal prior to the closing date and time.

Proposals received by facsimile or e-mail WILL NOT be accepted. All costs to

prepare the proposal shall be borne solely by the Proponent.




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Amendments to a proposal may be submitted if delivered in writing prior to the

closing time. In addition, proposals may be withdrawn providing a written and

signed notice has been received prior to the closing time.

Any deviations from the requirements or conditions specified in this RFP must be

clearly stated in the Proponent's proposal. The Town of Penetanguishene will be the

sole judge as to what constitutes an acceptable deviation. If no deviations are

indicated in the Proponent's proposal, the Town expects the Proponent to be in full

compliance of the requirements and conditions stated herein.

If any of the terms set out in the RFP are unacceptable to the Proponent, the

Proponent must identify such terms and provide suggested alternatives in its

proposal. Suggested alternatives will be considered during the evaluation process.

All proposals are irrevocable for a period of sixty (60) business days from the

closing time.

3. Unacceptable Proposals Proponents are notified that the lowest or any proposal need not be accepted and

the Town of Penetanguishene reserves the right to reject or accept any or all

proposals in whole or in part at any time without further explanation.

Proponents are cautioned to carefully read and follow the instructions stated herein

as the Town of Penetanguishene reserves the right to disqualify any proposal that

fails to meet any of the requirements of the RFP.

4. Inquiries and Clarifications It is the responsibility of the proponent to thoroughly examine these documents and

satisfy itself as to the full requirements of the RFP. Inquiries are to be in written

form only and emailed to the contact person indicated. If required, an addendum

will be issued to all Proponents.




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5. Evaluation Process All submitted proposals shall become the property of the Town of Penetanguishene.

The Town reserves the right neither to select any proposal nor to be bound to select

the lowest priced proposal. Selection will be made based upon the following criteria

which will include but not limit to:

Completeness and thoroughness of proposal submitted in response to this

RFP;

Background in corporate planning and demonstrated ability and experience to

provide quality work and appropriate recommendations;

Expertise and relevant experience of assigned personnel;

Suitability and practicality of the overall methodology;

Experience in working with local governments in Ontario;

Ability to deliver within the time frame;

Project costs, schedule and commitment to the project.

Once the RFP period is closed, the Town of Penetanguishene will evaluate the

proposals and upon final selection, the Consultant will be expected to commence

work within the time period formally agreed to.

The Town is under no obligation to proceed with the RFP. Should it decide to

abandon the proposal, it may, at any time, invite further expressions of interest for

the provision of consultant services to complete the project.

Proponents may be required to provide additional information prior to the award of a

contract and could be requested to partake in an evaluation interview, pending a

proposal short listing process.

The Town of Penetanguishene reserves the right, at its sole discretion, to enter into

negotiations with the proponent or with any other proponents concurrently. In no

event will the Town be required to offer any modified terms to any proponent prior to

entering into a contract, and the Town will not be liable to any Proponent as a result

of such negotiations.

6. Award The Town of Penetanguishene is not under any obligation to award a contract and

reserves the right at its sole discretion to terminate or amend the RFP at any time.

The successful proponent (the “Consultant”) is required to have a valid business

licence.




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7. The Contract Any pricing changes, addition or deletion of items, and/or changes in service for

any extension period will be negotiated between the Consultant and the Town of

Penetanguishene.

The Consultant's proposal documents, the RFP and other documents, such as

amendments or addenda agreed between the parties, comprise the "Contract

Documents" and shall form the contract entered into between the Consultant and

the Town of Penetanguishene.

8. Freedom of Information and Protection of Privacy Act The Town of Penetanguishene is subject to Ontario’s Municipal Freedom of

Information and Protection of Privacy Act. All documents will be received and held

in confidence by the Town of Penetanguishene and the information will not be

disclosed, except to the extent necessary for carrying out the Town’s purposes or

as required by law.

9. Confidentiality Information about the Town of Penetanguishene obtained by a proponent must not

be disclosed unless authorized by the Town. By submitting a Proposal, the

proponent agrees that this obligation of confidentiality will survive the termination

of this RFP and any contract that might arise between the parties.




Page 7

PART B – SCOPE OF WORK

1. Purpose The Town of Penetanguishene is seeking the services of a consultant to:

Assist in the development of a Corporate Strategic Plan that will focus on the

Municipality’s principles, services, values and vision for the future;

Engage residents, businesses, community organizations, Municipal Council,

Committees of Council, Municipal personnel and other key agencies and

individuals in the process of developing the plan.

2. Background The Town is committed to building on our distinct heritage, cultural roots and natural

environment to create a dynamic community that makes Penetanguishene

exceptional.

Our Town provides a wealth of recreational opportunities, conscientious planned

growth and development, and safe sustainable infrastructure, through responsible

financial management.

The Town of Penetanguishene is a safe, healthy, and diverse place to live, work

and retire. It is well maintained and is proud of its waterfront location on southern

Georgian Bay, its history, its bilingual character, its natural environment, and its

small-town atmosphere, where people are friendly and look after their neighbors.

The Town of Penetanguishene wishes to engage all aspects of our community to

best establish and secure Penetanguishene’s future, through a solidifying of our

collective vision, means for sustainability and progressive, caring governance.

Through inclusive leadership, community collaboration and meaningful

consideration of the future the Town of Penetanguishene will achieve a strategic

scope that is reflective of the principles, values, physical and fiscal resources, and

collective will of the residents.

3. Related Policies and Procedures The Town of Penetanguishene has a number of plans, policies, procedures,

strategies and relative information pertaining to Penetanguishene as well as North

Simcoe as a whole.

It is expected that these plans, related documents and consultation with identified

individuals, agencies and community groups be used to develop the Town of

Penetanguishene’s Strategic Plan.




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4. Scope of Work The Consultant's scope of work is to facilitate and conduct the entire strategic

planning process for the Town of Penetanguishene with assistance of the Town

Council and Senior Staff. Unless otherwise directed by Penetanguishene the

Consultant's key deliverables are as follows:

Conduct a review of the current status of the Town of Penetanguishene’s

municipal organization, including existing plans, policies, and long term

goals; management philosophies of Penetanguishene’s Council / Senior

Management Team, the Municipality's financial status, and other relevant,

related research deemed necessary.

Based on the Consultant's findings, develop a detailed Strategic Planning

Process model complete with key milestones and timelines, for

Penetanguishene’s consideration and approval.

Conduct strategic planning orientation workshops for Penetanguishene’s

Council, Senior Managers and other employee groups.

Conduct and document strategic planning meetings with key organizations

and agencies.

Conduct a comprehensive public consultation process that includes

residents, businesses and other community service based groups/agencies;

identifying and defining those key values held by the community with respect

to key services and future vision.

Conduct a statistically valid survey that will further assist in identifying and

prioritizing community issues. This survey is not only to gauge the

community's satisfaction with Municipal services but also to identify

community values; and sample opinions and attitudes on a variety of topics

including growth and change.

Prepare drafts of the Strategic Plan that is based on the information gathered

at all meetings and via the survey results, for Penetanguishene’s review and

approval.

The Strategic Plan should include, as a very minimum, the following:

o Penetanguishene’s Corporate Mission, Strategic Vision and related

goals

o Key values and guiding principles to assist direction and decision

making

o Recommended actions to achieve strategic vision and goals

Supplementary information should include:

o Summary of the strategic planning process

o List of strategic issues relevant to Penetanguishene

o Performance measurement tools during the implementation phase




Page 9

o Communications and Marketing Plan

An original proof ready for printing should be in an 8.5" x 11" format, available to

Penetanguishene in an electronic format for production in colour. The above scope

of work may be adjusted by Penetanguishene as appropriate to achieve a strategic

plan that meets the vision of Penetanguishene residents, organizations, agencies

and Council.

A final report supporting the Strategic Plan document should include a consolidation

of the work completed including the reasoning for all decisions and

recommendations. Penetanguishene requires an electronic version of this report.

Strategic partners include, but are not limited to the following;

Penetanguishene Council and Committees of Council

Surrounding North Simcoe Communities

County of Simcoe

Various Community & Service Groups (culture, heritage, athletic, seniors,

youth, etc.)

Realty and Development Industry

Local government partners

Penetanguishene’s downtown business community

Penetanguishene five (5) French and English school boards

Local health care organizations

The Consultant can expect a close working relationship with the Penetanguishene

Council, Chief Administrative Officer and key municipal personnel throughout the

project.

The Town of Penetanguishene reserves the right to control all aspects of the

Strategic Planning process. The Consultant shall not conduct surveys or meetings

with staff or other persons without receiving prior approval from the Town.

5. General Process The following is a general description of the process expected in development of the

Corporate Strategic Plan. Penetanguishene encourages modification of these

general steps by the Consultant to achieve a more enhanced, efficient and/or

effective outcome.

Research & review of Penetanguishene’s resource information;

Initial startup meeting with Penetanguishene Council to confirm and review

scope of work;




Page 10

Prepare a timeline and key milestones for developing the Corporate Strategic

Plan;

Facilitate meetings and discussions with staff and Council as appropriate;

Call follow-up meetings as determined beneficial to the project;

Prepare a comprehensive community consultation process with input from

Penetanguishene Council;

The process will include Council and staff meetings, surveys, public open

houses, public meetings, and hosting events. The consultant will be required

to provide information and presentation materials intended to reach a variety

of audiences using a variety of mediums;

Conduct the public consultation process;

Prepare a preliminary draft strategic plan for Council and public review;

Review and amend the preliminary draft strategic plan to incorporate public

and Council comments;

Present the revised draft strategic plan at a Council Meeting, in PowerPoint

format;

Amend the revised draft plan as appropriate to respond to feedback from

Council and the public;

Finalize the Corporate Strategic Plan, incorporating Council and community

comments.

6. Deliverables Presentation materials for all meetings and public consultation processes;

The PowerPoint presentation required for the Council briefing session;

Preparation of newspaper ads, media releases and other required public

notices, and submitting same to the CAO for approval;

Presentation and report on survey results;

An electronic copy of the Corporate Strategic Plan and supplementary

information, in a format suitable for printing on 81/2” x 11" pages;

An electronic copy of the final report and the report supporting the Strategic

Plan;

Written permission for Penetanguishene to reproduce more copies as

required.

7. Qualifications The consultant or consulting team shall demonstrate:

Thorough knowledge and understanding of corporate strategic planning and

the development of municipal strategic plans;

Expertise and capacity to perform the necessary public consultations;




Page 11

Several years of experience in working with local governments in Ontario and

demonstrated ability to conduct research and write strategic plans and deliver

the plans on time and on budget.

8. Format of Proposal Each proposal should include the following:

Title Page showing the proponent, contact information and key personnel;

One page letter of introduction, introducing the proponent(s), company

history and expertise;

Section on Methodology, Information and Pricing; to contain the details,

methodology and pricing to be used by the proponent to complete the

consulting work. At a minimum, proposals should include:

o an appreciation of the scope of work for this assignment

o proposed methodology and approach to the various tasks considered

essential by the consultant, and referenced in this RFP. This should

include an explanation of how each of the work components will be

undertaken and the length of time required to complete each

component;

o the curriculum vitae of personnel to be assigned to this project;

o list of previous projects and client/references;

o a schedule for the completion of the work, specifically referencing the

timing of the public consultation process;

o the total cost for the work, indicating all taxes separately;

o an indication of costs, fees, expenses and parameters that are NOT

included in the proposal;

o a schedule of fees detailing hourly rates, estimated costs for activities

needed to complete each phase of the Strategic Planning process

inclusive of disbursements and taxes

Proposal submissions should be a maximum of 30 pages, inclusive of all

information indicated.

9. Timeline The work shall commence prior to March 31, 2019 and the final report shall be

submitted prior to August 31, 2019; or as otherwise mutually agreed by the Town

of Penetanguishene and the consultant.




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10. Reporting Structure The Consultant’s principal contact with the Town of Penetanguishene will be the

Chief Administrative Officer. The C.A.O. (or designated individual) will coordinate

the assistance necessary to meet the goals and target timelines of this project.




Page 13

PART C – GENERAL CONDITIONS

1. Ordering and Invoicing The settling of accounts is to be directly between the Consultant and the Town of

Penetanguishene.

The Consultant shall be paid within 30 days after the submission by the Consultant

of a properly prepared invoice to the Town, subject to Penetanguishene not

disputing the submitted invoice.

2. Conduct of the Contract The Town of Penetanguishene has conduct of the contract resulting from this RFP.

Without limiting the generality of the foregoing, this means that all correspondence

related to changes in pricing, delivery, etc. shall be with the Town of

Penetanguishene.

Where the Town of Penetanguishene and the Consultant agree to changes in the

contract, except for emergencies, all changes shall be made in writing.

The Consultant agrees to a non-completion by the indicated date, for final report

submission of two-hundred dollars per day; unless Penetanguishene approves

another arrangement.

3. Termination of the Contract The Town of Penetanguishene may, by notice of default to the Consultant,

immediately terminate part or all of this contract if the Consultant fails to make

delivery of the services within the time specified, or fails to perform any other

provisions, terms or conditions of this contract within the time specified, or within a

reasonable time if no time is specified, as determined by the Town.

4. Contract Disputes The parties to the contract agree to attempt to resolve disputes arising out of or in

connection with this contract, or in respect of any legal relationship associated with

it, or from it. The cost of any mediation, should such be required, shall be borne

equally by the parties hereto.

5. Warranty The Consultant warrants that its employees have the qualifications, experience,

knowledge, skills and abilities necessary to carry out the services and the services

will be performed in a competent, efficient and first class manner.




Page 14

6. Indemnification The Consultant shall indemnify, hold and save harmless the Town of

Penetanguishene from and against all claims, losses, damages, costs, actions and

other proceedings made, sustained, brought or prosecuted in manner, based

upon, occasioned by attributable to any injury, including death, property damage,

infringement or damage arising from any act or omission of the Consultant, their

employees, officers, volunteers, servants, agents or persons from whom the

Consultant has assumed responsibility in the performance or purported

performance of this contract.

The Consultant shall indemnify the Town of Penetanguishene from and against

any and all liability or expenses by way of legal costs or otherwise in respect of

any claim which may be made for a lien or charge at law or in equity or to any

claim or liability.

The Consultant shall pay all royalties and license fees and shall save the Town of

Penetanguishene harmless from loss on account of suits or claims of infringement

of patents in the performance of this contract.

7. Taxes Unless otherwise provided herein, the Consultant shall pay all government taxes in

force at the date of the agreement, provided that any increase or decrease in such

taxes shall increase or decrease the amount due under the contract accordingly.

Invoices shall show the amounts for the appropriate taxes separately, (ie. GST,

HST).

8. Laws The laws of Ontario shall govern the contract.

In carrying out its obligations above, the Consultant shall familiarize itself and

comply with all applicable laws, bylaws, regulations, ordinances, codes,

specifications and requirements of all regulatory authorities, and shall obtain all

necessary licenses, permits and registrations as may be required by law.

9. Assignment Neither party to the contract shall assign, sublet or transfer this contract without

the written consent of the other.

10. Notices Any notice required to be given or made in this contract shall be given or made in

writing and shall be served personally or mailed by registered mail addressed to




Page 15

the Town of Penetanguishene and to the Consultant at the address set forth in its

Proposal.


The Corporation of The Town of Penetanguishene Council Report COMMITTEE: Finance and Corporate Services COMMITTEE CHAIR: Councillor G. Vadeboncoeur SUBJECT: Museum & Heritage Advisory Committee REPORT: CL-2019-06

REPORT HIGHLIGHTS

• A staff report was brought forward to Committee of the Whole (COW) on January 23, 2019 in follow up to a Service Delivery Review recommendation to “Rationalize interaction with Town staff and Committees”

• COW recommended to Council that the Heritage Committee and Museum Advisory Committee be merged into the Museum and Heritage Advisory Committee.

• As a requirement of the museum’s Community Museum Operating Grant, the museum must have a Council approved Strategic Plan in place by June 30, 2019

• In order to provide the new committee, staff and Council the time required to meet this deadline, a follow up report is being brought forward directly to Council to expedite the process.

RECOMMENDATION

THAT the terms of reference for the Museum & Heritage Advisory Committee in Schedule D of the Procedural By-Law be approved as presented; AND THAT the following people be appointed to the Museum & Heritage Advisory Committee:

• Jane Rogers • Joseph Maurice • Irene Lau • Karen Ryan • Andrea Ahrens • Irene Ashworth • Fred Patterson

AND FINALLY THAT the Clerk be directed to bring forward the proposed amendments in the amended Procedural By-law. BACKGROUND The Service Delivery Review completed in 2018 outlined an opportunity for the Town to Rationalize interaction with Town Staff and Committees. Senior staff conducted a thorough review of the complement of Advisory Committees and Boards and provided recommendations for COW consideration through a staff report at the January 23, 2019

Museum & Heritage Advisory Committee of 124

The Corporation of The Town of Penetanguishene Council Report meeting. Although some recommendations were referred back to staff, COW endorsed the recommendation to merge the Museum and Heritage Advisory Committees into one. ANALYSIS As a requirement of the Community Museum Operating Grant (CMOG), the museum must have a current and Council approved strategic plan in place. A new strategic plan for the museum is due with a grant submission by June 30, 2019. To ensure compliance with the funding requirements and allow staff and advisory committee members the time needed to consider a well thought out plan, staff are recommending that Council approve the proposed Terms of Reference (TOR) for the advisory committee and appoint its members. The TOR has been updated and a draft version included as attachment 1 to this report. Volunteers who applied to participate as a member either on the Museum or Heritage Advisory Committees are:

• Jane Rogers • Joseph Maurice • Irene Lau • Karen Ryan • Andrea Ahrens • Irene Ashworth • Fred Patterson

Staff have consulted with all individuals who confirm that they are in agreement to sit on a merged advisory committee. FINANCIAL IMPLICATIONS The Recreation and Community Services section of the operating budget contains $3,515 to carry out the various Heritage functions of the traditional Heritage Committee such as promotion of Heritage sites, legal fees associated with designating properties and events such as Doors Open. The $3,515 budget line will be re-assigned under the museum’s budget and identified as Heritage Expenses. RISK MANAGEMENT Not applicable. COMMUNICATION & MARKETING In accordance with the Town’s Notice Provision By-law, changes to the Procedural By-law must be published in the local media and Town’s website, 10 days prior to the passing of the amended Procedural By-law. RELEVANT BACKGROUND REPORT COW Report Heritage Committee Status June 2018 COW Report Review of Local Board and Appointments of Council CL-2019-05


https://penetanguishene.civicweb.net/FileStorage/F29AA6B22C3545CE8C14899B452E68B6-COW%20Report%20Heritage%20Committee%20Status%20June%202018.pdf

https://penetanguishene.civicweb.net/FileStorage/EF7F4127A6714942B8EC78358E660026-COW%20report%20Review%20of%20Committees.pdf

The Corporation of The Town of Penetanguishene Council Report SUSTAINABILITY Not applicable. STRATEGIC GOALS & OBJECTIVES It is a strategic goal to operate in an open, accountable and efficient manner and adhere to provincial legislation and Town policies to create a responsible, cost effective and accountable local government through engaging in transparent and accountable decision-making processes and actions. Prepared by: Stacey Cooper, Clerk Reviewed by: Sherry Desjardins, Director of Recreation and

Community Services Carrie Robillard, CPA, CGA, Director of Finance/Treasurer

COW Meeting Date: - Council Meeting Date: February 13, 2019 ATTACHMENTS Attachment 1 – Museum & Heritage Advisory Community Term of Reference Electronic File Location: S:\Administration\C12 Appointment to Boards and Committees\2019 Review of Boards and Committees\Council report Museum and Heritage Committee.docx


THE CORPORATION OF THE TOWN OF PENETANGUISHENE

Museum & Heritage Advisory Committee Advisory Committee Membership Eight (8) members of the public (designated by the Mayor and ratified by Council) One (1) Council representative (designated by the Mayor and ratified by Council). Staff Resource – Museum Curator or designate as required. Committee Mandate The Committee shall oversee the following functions, determine action in accordance with delegated authority, make recommendations to Recreation & Community Services Section, or receive for information:

• To collect, maintain and provide of resources for archival, historical and genealogical research

• To collect, conserve, preserve and exhibit artifacts and historical materials that pertain to the history of Penetanguishene and surrounding communities.

• To serve as a focal point for community participation and engagement through the hosting of events and activities.

• Expand awareness and appreciation of heritage and history through education, interpretation and accessible programming for all age groups.

• Expand and develop collaborative relationships with stakeholders and individuals to serve the needs of the community and the museum.

• Promote and market the museum and the Town of Penetanguishene as an attractive destination for local visitors and tourists.

• Evaluate properties of architectural and historical significance within the Town of Penetanguishene and recommend formal designation under the Ontario Heritage Act.

• Review and approve modifications to structures and Heritage Tax Rebates designated under the Ontario Heritage Act.

• Receipt and approval of road names. • Host annual events, seminars or workshops related to heritage preservation and

promotion to the extent provided for in the annual budget.

Town of Penetanguishene staff and volunteers are committed to ethical behaviour, and accept the Canadian Museums Association Ethical Guidelines (1999) as guiding principles. Chair and Vice Chair The Council representative on the Advisory Committee shall be the Committee’s Chair or alternate as elected by the community committee members. The Chair acts as the Presiding Officer at the meetings.


The Vice Chair shall be elected annually from the community members on the Committee. The Vice Chair serves as Chair at the meetings in the absence of the Chair. Delegated Authority The Museum & Heritage Committee is an advisory body only. The Museum & Heritage Committee may incur expenditures to the extent provided in the annual approved budget. All purchases shall be preauthorized by the Curator and approved in accordance with the Town’s Procurement By-law. The Committee shall receive items for information, discuss museum and heritage related matters or make recommendations to Council via the Curator. In the absence of the Curator at the Committee of the Whole meetings, the Director of Recreation and Community Services or the Council Chair presents and speaks to the matters. Meetings The frequency of the meetings shall be quarterly with additional meeting held at the call of the Curator or Chair. The Curator may revise the regular meeting schedule in consultation with the Chair of Museum & Heritage Advisory Committee. Agendas Agendas shall be made available a minimum of twenty-four hours in advance of the meeting to the Members and on the Town Website. The Curator shall determine the content of the agendas. Quorum Quorum shall consist of five (5) members of the Committee. Work Plan The Museum & Heritage Advisory Committee operations and activities are directed by the Museum’s strategic plan and the Advisory Committee’s annual work plan, both approved by Municipal Council. Agent of the Municipality In carrying out its Mandate, the Museum & Heritage Advisory Committee may act as an agent of the Town of Penetanguishene while acting bona fide within the limits of the authority of the Town. No member shall incur any personal liability by reason of their participation on the Museum & Heritage Advisory Committee acting within the scope of its mandate. Nothing in the Mandate of the Museum & Heritage Advisory Committee authorizes or empowers the Committee to incur any debt, liability or obligation for which the Town may become liable without having previously obtained the consent of Council.


The Museum & Heritage Advisory Committee operations shall meet municipal, provincial and federal legislative requirements that have a bearing on their operation and activities. Policy Review The museum will have a number of policies, covering a range of areas. The policies govern the institution’s operations, and they clarify expectations and staff authority and responsibilities. The Advisory Committee regularly reviews the policies to ensure they provide the needed direction in areas critical to the delivery of the museum’s mandate and to the sound management of its human and financial resources. The policies, and revisions to them, are developed by staff and submitted to the appropriate Section and Council for approval.


THE CORPORATION OF THE TOWN OF PENETANGUISHENECOMMITTEE OF THE WHOLE MEETING

COUNCIL CHAMBERS, TOWNHALLWEDNESDAY JANUARY 23, 2019 at Immediately following Council

MINUTESPresent: Mayor D. LerouxDeputy Mayor A. DubeauCouncillor G. VadeboncoeurCouncillor J. KlugCouncillor D. LaRoseCouncillor J. St.AmantCouncillor D. Levy

CAO, J. LeesCorporate Services Executive Assistant, K. ColeDirector of Recreation & Community Services, S. DesjardinsDirector of Planning & Community Development, A. BettyDirector of Public Works, B. MurrayTreasurer, C. RobillardDeputy Fire Chief, P. GenierDirector of Human Resources & Health & Safety, T. Martin

Regrets: Councillor B. CummingsCouncillor M. Mayotte RECOMMENDATIONS CONTAINED IN THIS COMMITTEE REPORT ARE NOT TO BE CONSIDERED THE FINAL DECISION OF THE CORPORATION UNTIL APPROVED BY PENETANGUISHENE COUNCIL

A. CALL TO ORDERThe Mayor called the meeting to order at 7:22p.m.

B. APPROVAL OF AGENDA

Committee of the Whole Report - January 23, 2019 of 124

Town of Penetanguishene - Coordinated Section Committee1) Committee of the Whole Agenda

-January 23, 2019Moved by Councillor D. LaRose and Seconded by Councillor J. St. Amant

THAT the Committee of the Whole agenda for January 23, 2019 be approved as presented.

CARRIED

C. DECLARATION OF PECUNIARY INTERESTNone.

D. PRESENTATIONS & DELEGATIONSNone.

E. COUNCIL INFORMATION PACKAGE

1) Council Information Package-January 16, 2019Moved by Deputy Mayor A. Dubeau and Seconded by Councillor G. Vadeboncoeur

THAT the Council Information Package having been given due consideration be received for information.

CARRIED

F. SECTION A - TRANSPORTATION AND ENVIRONMENTAL SERVICESD. Levy assumed the role of the Chair for the Transportation and Environmental Services Section portion of the agenda.

a. CONSENT AGENDATHAT the following consent agenda items, having been given due consideration be received for information. Moved by Councillor D. LaRose and Seconded by Councillor J. St.Amant CARRIED

i) Midland Penetanguishene Transit Ridership Monthly Update - NovemberRDS-2019-03


Town of Penetanguishene - Coordinated Section Committeeii) Midland Penetanguishene Transit Ridership Monthly Update

- DecemberRDS-2019-04

b. MATTERS FOR CONSIDERATION

i) Update on Main Street Reconstructionc. REFERRALS TO UPCOMING AGENDA/STAFF

i) Referrals:Councillor D. LaRose had a question in regards to the Chatham Street Reconstruction project. The project won't be commenced until 2021 and therefore the item will be addressed then.

Moved by Mayor D. Leroux and Seconded by Councillor D. LaRose

THAT the Transportation and Environmental Services Section endorse the following existing referrals to upcoming agendas and staff: Future Agenda Items:

Item Key DeliverablesCouncil Member

Expected Date

Thompsons Road West Extension Options

Council Q4 - 2019

CARRIED

d. QUESTION PERIOD FROM MEDIA AND PUBLICThere was a question from a resident in regards to the transit ridership numbers.

G. SECTION B - RECREATION AND COMMUNITY SERVICESCouncillor D. LaRose assumed the role of the Chair for the Recreation and Community Services Section portion of the agenda.

a. CONSENT AGENDATHAT the following consent agenda items, having been given due consideration be received for information. Moved by Councillor D. Levy and Seconded by Councillor J. St. Amant CARRIED


Town of Penetanguishene - Coordinated Section Committee

i) 2019 Wharf Slip RentalsRCS-2019-04


i) Penetanguishene Market AgreementRCS-2019-03Both Deputy Mayor A. Dubeau and Councillor D. Levy noted their excitement of the agreement with the Farmers Market and the location chosen for its establishment.

Moved by Councillor J. St.Amant and Seconded by Councillor D. Levy

THAT the draft agreement between the Corporation of the Town of Penetanguishene and the Southern Georgian Bay Farmers Markets be approved as outlined in attachment 1;AND THAT the Clerk bring forward the necessary By-Law for Council approval.

CARRIED

ii) The Ship’s Company of Penetanguishene AgreementRCS-2019-02 - REVISEDDeputy Mayor A. Dubeau had a question in regards to the total increase proposed within the report. There was a complete discussion in regards to the term of the agreement. Councillor J. St. Amant moved a friendly amendment to the motion to include the following terms within the agreement seconded by Mayor D. Leroux.

The contract term be adjusted from 5 years to 3 years The addition of an annual cost of living increase be applied

Moved by Councillor J. St. Amant and Seconded by Mayor D. Leroux

THAT the draft agreement between the Corporation of the Town of Penetanguishene and the Ship’s Company of Penetanguishene be approved as outlined in attachment 1;AND THAT the Clerk bring forward the necessary By-Law for Council approval.

CARRIED



c. REFERRALS TO UPCOMING AGENDA/STAFF

i) Referrals Moved by Mayor D. Leroux and Seconded by Councillor J. St. Amant

THAT the Recreation and Community Services Section endorse the following existing referrals to upcoming agendas and staff:Future Agenda Items:


Expected Date

Cycling Strategy

Develop a cycling strategy

Councillor M. Lauder

Q1-2019

Feasibility Study

Outsource recreation programs to a third party as per Service Delivery ReviewInclude feasibility of a senior’s centre and programming

Councillor Rawson

Q1-2019

PMCC Follow up to Building Condition Assessment report to include retrofit option

Councillor Rawson

Q2-2019

CARRIED

d. QUESTION PERIOD FROM MEDIA AND PUBLICNone.

H. SECTION C - PLANNING AND COMMUNITY DEVELOPMENT SERVICESDeputy Mayor A. Dubeau assumed the role of the Chair for the Planning and Community Development portion of the agenda.

a. CONSENT AGENDACouncillor J. Klug provided some comments in regards to Bill 66.Deputy Mayor A. Dubeau provided brief comments in regards to the Smoke Free Ontario Act. THAT the following consent agenda items, having been given due consideration be received for information:


Town of Penetanguishene - Coordinated Section Committee Moved by Councillor J. Klug and Seconded by Councillor D. Levy CARRIED

i) Huronia Animal Control Monthly Comparative Report 2017-2018

ii) Changes to the Smoke-Free Ontario Act, 2017BL-2019-02

iii) Bill 66 – Restoring Ontario’s Competitiveness ActPL-2019-03


i) Tree Canopy and Natural Vegetation PolicyPL-2019-04There was a question from Councillor D. LaRose in regards to the below policy being included in the next Official Plan review.

Moved by Mayor D. Leroux and Seconded by Councillor G. Vadeboncoeur

THAT the Council of the Town of Penetanguishene adopt a policy (Attachment #1) on the manner in which the Town will protect and enhance the tree canopy and natural vegetation as set out in Staff Report PL-2019-04.

CARRIED


i) ReferralsCouncil removed Bill 66 from the future agenda items listing.

Moved by Councillor D. Levy and Seconded by Councillor J. Klug

THAT the Planning and Community Development Services Section endorse the following existing referral to upcoming agendas and staff: Future Agenda Items:


Expected Date

Local Smoking/Vaping

Provide options for enforcing no

Councillor B.

Q2-2019


Town of Penetanguishene - Coordinated Section CommitteeBy-law smoking/vaping on

public and municipal property.

Cummings

CARRIED


I. SECTION D - FINANCE AND CORPORATE SERVICESCouncillor G. Vadeboncoeur assumed the role of the Chair for the Finance and Corporate Services Section portion of the agenda.

a. CONSENT AGENDANone.


i) Fire and Emergency Services Fire Dispatch Services Agreement with Barrie Fire and Emergency ServicesFEMS 2019-01There was a question from Councillor J. St.Amant in regards to the dispatching fees in Schedule B.

Moved by Councillor D. Levy and Seconded by Councillor D. LaRose

THAT Council enters into the Emergency Dispatch Agreement for dispatch services with Barrie Fire and Emergency Services for a five (5) term January 1, 2019 to December 31, 2023;AND THAT a by-law be brought to Council authorizing the Mayor and Clerk to enter into the Fire Dispatch Agreement.

CARRIED

ii) Pregnancy and Parental Leave for Members of Council PolicyHR-2019-01Moved by Deputy Mayor Dubeau and Seconded by Councillor J. St. Amant

THAT the staff report regarding a Pregnancy & Parental Leave for Members of Council be received;


Town of Penetanguishene - Coordinated Section CommitteeAND THAT Pregnancy & Parental Leave for Members of Council Policy be approved as presented.

CARRIED

iii) Council-Staff Relations PolicyCL-2019-04Moved by Councillor J. Klug and Seconded by Councillor D. Levy

THAT the staff report regarding a Council and Staff Relations Policy be received;AND THAT Council and Staff Relations Policy be approved as presented.

CARRIED

iv) Review of Committees and Local Board Appointments of CouncilCL-2019-05There was a complete discussion with Council in regards to the composition of committees. CAO Jeff Lees provided an overview of the report and explanation of the reasoning behind the merger of three committees into the one Community Wellbeing Committee.Councillor D. Levy proposed that the Accessibility Committee be removed from the merge.Councillor D. LaRose raised some questions and concerns in regards to receiving feedback from the volunteers and committee members before proceeding.Mayor D. Leroux raised some concerns in regards to the Seniors committee. Councillor D. LaRose moved a motion to refer back to staff, seconded by D. Levy.DEFEATED It was proposed that the motion be split into two parts. Moved by Deputy Mayor A. Dubeau and Seconded by Councillor D. Levy

THAT the Heritage Committee and Museum Advisory Committee to be merged into the “Museum and Heritage Advisory Committee”;


Town of Penetanguishene - Coordinated Section CommitteeAND THAT appointments to the Downtown Improvement Committee be deferred until after the completion of the Council Strategic Plan in approximately six months;AND THAT the Mandate of the Downtown Improvement Committee be reviewed and updated at the completion of the Council Strategic Plan (2019-2022) and through a Downtown Business Community Meeting to confirm the Committee’s goals and objectives align with Council;

CARRIED

Moved by Deputy Mayor A. Dubeau and Seconded by Councillor J. St. Amant

THAT the Seniors Advisory Committee, Youth Council and Accessibility Advisory Committee be dissolved and merged in the membership of the “Community Wellbeing Committee”;AND THAT the following changes be made to the Town’s Advisory Committees of Council:

Reduce all advisory committee meetings to quarterly or at the call of the chair;

Require annual work plans for all Advisory Committees that are approved by Council;

Update the Terms of Reference for each committee in Schedule D of the Procedural By-law;

AND FINALLY THAT an amendment to the Procedural By-law be brought forward for Council approval.

REFER BACK TO STAFF


i) ReferralsMoved by Councillor J. Klug and Seconded by Councillor J. St. Amant

THAT the Finance and Corporate Services Section endorse the following existing referrals to upcoming agendas and staff: Future Agenda Items:


Expected Date

Huronia Airport Commission

Joint Business Operation review

Councillor D. LaRose

Q2-2019

Election 2018 Reporting on items Council 2018 -


Town of Penetanguishene - Coordinated Section Committeeas required regarding the 2018 Municipal Election

2019 as required

Joint Insurance Renewal Strategy

Joint Insurance Renewal Strategy initiated for North Simcoe municipalities

Council Q1-2019

Community Contributions Policy Review

Review policy and identify potential opportunities for clarity and consistency.

Council Q1-2019

Council Conference Policy / Council Remuneration

Review Council Remuneration Policy related to receipts and reimbursements for Council members

Councillor M. Mayotte

Q4-2019

Corporate Contingency Report

Provide overview of proposed allocation of Corporate Contingency Fund

Council Q2-2019

CARRIED


J. ADJOURNMENTThe meeting was adjourned at 8:26 p.m.

Recording Secretary

Mayor


The Corporation of The Town of PenetanguisheneSPECIAL COMMITTEE OF THE WHOLE MEETING

COUNCIL CHAMBERS, TOWNHALLWEDNESDAY FEBRUARY 6, 2019 at 6:00 PM

MINUTESPresent: Mayor D. LerouxDeputy Mayor A. DubeauCouncillor G. VadeboncoeurCouncillor B. CummingsCouncillor M. MayotteCouncillor D. LevyCouncillor J. KlugCouncillor D. LaRoseCouncillor J. St.AmantCAO, J. LeesClerk, S. CooperDirector of Recreation & Community Services, S. DesjardinsDirector of Planning & Community Development, A. BettyDirector of Public Works, B. MurrayTreasurer, C. RobillardDirector of Human Resources & Health and Safety, T. MartinFire Chief, P. RyanRegrets:

Absent: RECOMMENDATIONS CONTAINED IN THIS SPECIAL COMMITTEE REPORT ARE NOT TO BE CONSIDERED THE FINAL DECISION OF THE CORPORATION UNTIL APPROVED BY PENETANGUISHENE COUNCIL

1. CALL TO ORDERThe Mayor called the meeting to order at 6:02 p.m.

Special Committee of the Whole - February 6, 2019 of 124



i) Special Committee of the Whole Agenda- February 6, 2019Moved by Councillor D. LaRose and Seconded by Councillor J. St. Amant

THAT the Special Committee of the Whole agenda for February 6, 2019 be approved as presented.

CARRIED

3. FINANCE AND CORPORATE SERVICES SECTIONCouncillor G. Vadeboncoeur assumed the role of the Chair for the Finance and Corporate Services Section portion of the agenda.

a. MATTERS FOR CONSIDERATION

i) Budget DRAFT #4FIN-2019-04

The Treasurer provided an overview of the proposed 2019 Budget.

The Committee discussed the Additional Budget Requests as described in the Treasurer's report.

Library: The Library CEO provided comments regarding the requested funding. THAT the Request for additional funding from the Library in the amount of $24,500 be included in the 2019 Budget.

Moved by Mayor D. Leroux and Seconded by Councillor J. Klug

CARRIED

SSEA:THAT the request for funding from the Severn Sound Environmental Association in the amount of $7,630 be included in the 2019 Budget.

Moved by: Deputy Mayor A. Dubeau and Seconded by Mayor D. Leroux.


Town of Penetanguishene - Coordinated Section CommitteeCARRIED

Contracted Snow Removal: The Committee discussed the proposed funding request and the details of the areas on Peel Street that require snow removal services that are not reachable by the Town's snow removal equipment. The Director of Public Works clarified the locations and the reasons related to the barriers.

THAT the requested amount of $10,000 to provide contracted snow removal to increase the level of services for winter maintenance of Peel Street Sidewalk & stairs and Canada House Parking lot stairs be included in the 2019 budget.

Moved by: Mayor D. Leroux and seconded by Deputy Mayor A. Dubeau

DEFEATED

Main Street Celebration Event and Battle of Georgian BayTHAT the request for funding for the Main Street Celebration Event in the amount of $10,000 and the Battle of Georgian Bay Contribution in the amount of $7,500 be approved in the 2019 budget to be allocated as described in the treasurers report.

Moved by Councillor M. Mayotte and Seconded by D. Levy. CARRIED

The Committee proceeded to review the proposed Capital Budget items for 2019 and 2020. The following motions we brought forward to amend the budget:

2019 Capital Budget:H95- Secondary Plan Town Dock. THAT item H95 Secondary Plan Town Dock be removed from the 2019 Capital budget.Moved by Councillor D. Levy and Seconder M. MayotteCARRIED

M-946 Joint Building Permit Fee Study.THAT item M-946 Joint Building Permit Fee Study be removed from the 2019 Capital budget.Moved by D. LaRose and Seconded B. CummingsCARRIED



M-892 - Pedestrian Crossing on Robert St. WTHAT item M-892 Pedestrian Crossing on Robert St W be removed from the 2019 Capital budget.Moved by Councillor D. LaRose and seconded by Councillor M. MayotteCARRIED

M924 Parks Rotary Champlain Wendat Park Gateway DesignTHAT item M924 Rotary Champlain Wendat Park Gateway Design be removed from the 2019 Capital budget. Moved by Councillor D. LaRose and Seconded by Councillor M. MayotteDEFEATED

The Committee discussed the previous plans that were created for this area related to the Champlain Wendat project. It was noted by the CAO that Staff would contact David Dupuis regarding designs completed related to the entry of the park from Guelph University.

M-953 RCS Town Gateway Engineering and DesignTHAT item M-953 Town Gateway Engineering and Design be deferred to the 2020 Capital budget.Moved by Councillor D. LaRose and Seconded by D. LevyCARRIED

The Committee took a brief recess at 8:49 p.m.

The Committee reconvened at 8:59 p.m.

The Committee reviewed the proposed items for the 2020 Capital Budget. The following motions were brought forward to amend the budget:

2020 Capital Budget:M-106 Sidewalk Installation McGuire RoadTHAT item M-106 Sidewalk Installation McGuire Road be removed from the 2019 Capital budget.Moved by Mayor D. Leroux and Seconded by Councillor D. LaRoseCARRIED Councillor D. LaRose requested that staff investigate options for potential projects to be added to the Capital Budget.

Drainage between Fox Street and Beck Blvd Drainage at O'Reilley Street Drainage at Fox Street and Don Street.



Overall Tax ImpactThe Committee discussed the three scenario options provided by the Treasurer related to the CVA Growth percentage. The Treasurer provided comments and explanation related to the three options and suggestions for the recommendation.

THAT Scenario 2 - 2.7% CVA Growth with proposed amendments related to the Library and SSEA in the amount of $32,130 be approved for the net tax impact for 2019Moved by Councillor J. St Amant and seconded by Councillor D. LevyDEFEATED

THAT Scenario 1 - 3.3% CVA Growth with proposed amendments related to the Library and SSEA in the amount of $32,130 be approved for the net tax impact for 2019Moved by Mayor D. Leroux and Seconded by Councillor B. CummingsCARRIED

b. QUESTION PERIOD FROM MEDIA AND PUBLICNone.

4. ADJOURNMENTThe meeting was adjourned at 10:16 p.m.

Mayor

Recording Secretary



BY-LAW NUMBER 2019-10

Being a By-law to Authorize the Entering into of a Dispatch and Information and Communication Services Agreement with the City of Barrie

WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues;

AND WHEREAS it is deemed expedient that The Corporation of the Town of Penetanguishene enter into an agreement with the City of Barrie to provide certain dispatching and information and Communication technology services to the Municipality (the agreement) a copy of which is attached hereto as Schedule “A”;

NOW THEREFORE be it enacted and it is hereby enacted by the Council of The Corporation of the Town of Penetanguishene as follows:

1. That the Council of The Corporation of the Town of Penetanguishene hereby authorize the Mayor and Clerk to execute an Agreement with The City of Barrie to provide certain dispatching and information and communication technology services for the Town of Penetanguishene attached hereto and forming part of this By-law as Schedule “A”.

2. That the Mayor and the Clerk be and are hereby authorized and directed to sign the Agreement and to affix the Corporate Seal.

3. That this By-law shall be deemed to have come into force and effect on the 1st day of January 2019.

BY-LAW read a first, second and third time and finally passed by Council on the 13th of February, 2019

___________________________MAYOR Doug Leroux

___________________________CLERK Stacey Cooper

By-laws: 2019-10 Being a By-law to Authorize the Entering into of a Disp... of 124

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FIRE DISPATCH SERVICES AGREEMENT

Effective the 1st day of January, 2019

BETWEEN:

THE CORPORATION OF THE CITY OF BARRIE (“Barrie”)

- and -

THE TOWN OF PENETANGUISHENE(the “Municipality”)

WHEREAS:

A. Barrie and the Municipality desire to enter into a Fire Dispatch Services Agreement (the“Agreement”) for Barrie to provide fire dispatch and information and communication technologyservices to the Municipality; and

B. Section 20(1) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes a municipality to enter intoan agreement with one or more municipalities to jointly provide, for their joint benefit, any matterwhich all of them have the power to provide within their own boundaries.

NOW THEREFORE in consideration of the mutual terms and covenants herein contained, the parties covenant and agree as follows:

1. BARRIE’S RESPONSIBILITIES

Barrie shall be responsible for the following:

A. Providing emergency fire dispatch services (“Dispatching”) to the Municipality in accordancewith Ontario regulations under the Fire Protection and Prevention Act, S.O 1997 c. 4.Dispatching shall include the following:

i. Responding to 911 telephone calls and non-911 telephone calls with respect to the areafor which Dispatching shall apply, as approved by Barrie based on the GIS information tobe provided by the Municipality (“Dispatch Area”);

ii. Alerting the members of the Municipality’s Fire Department of an emergency;

iii. Communicating with the Municipality’s Fire Department under both emergency and non-emergency conditions;

iv. Communicating with the Municipality’s Fire Department regarding the potential need formutual aid and monitoring the level of an on-going emergency activity;

v. Communicating with other agencies during an emergency upon the request of theMunicipality Fire Department incident commander;

vi. Providing information, data and other resources during emergencies and on a day to daybasis;

vii. Maintaining and reporting on all dispatch calls in accordance with Ontario regulations.

viii. Ensuring back up of the computer dispatching data in SQL database formatting. Barrieshall on the written request of the Municipality provide the Municipality with the data oncompact disk (“CD”) up to once annually.


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ix. At any time, the Municipality may request a copy of their data. Barrie shall provide same,within a reasonable amount of time, at the fees set out in Schedule B. The data will beprovided on a CD in SQL database formatting.

x. Voice Logging Services of all telephone and radio transmissions.

B. Providing to the Municipality information technology support as set out in Schedule A.

2. CAD MAPPING

The Municipality:

A. Shall provide Barrie, on a continuous basis, all necessary information for the operation of thedispatch system, including but not limited to maps and GIS data required for Barrie’s approvalof the Dispatch Area, single line road network data, hydrant locations, water main information,assessment data, any and all other pertinent data. Updates to the mapping and data shall beprovided by the Municipality to Barrie, when requested by Barrie;

B. Acknowledges and agrees that it shall provide, as applicable, the County of Simcoe, DufferinCounty, Grey County, the District Municipality of Muskoka, and any other such required countyor district or regional municipality (the “Counties”) with mapping information and data for itsregion;

C. Acknowledges and agrees that the Counties shall provide Barrie with mapping information anda limited license to modify the data for the purpose of creating an integrated and seamlessmap (“CAD Mapping”) across different regions including the area described as the DispatchArea. The CAD Mapping is used to facilitate the Dispatching and management of fire calls byBarrie on behalf of the Municipality;

D. Shall provide mapping to Barrie in a shp format compliant with the standards requested byBarrie;

E. Shall provide the applicable Counties in a timely manner with updates to the maps for theDispatch Area;

F. Shall immediately notify both the applicable Counties and Barrie of any mapping inaccuraciesit discovers;

G. Shall immediately notify both the applicable Counties and Barrie of any changes to the namesof existing roads; and

H. Agrees that it will at all times indemnify and save harmless Barrie, its employees, officers,servants, agents and assigns, including the members of the Barrie Fire and EmergencyService from any and all claims, actions suits or demands for damage or otherwise arisingfrom any errors, modifications or inaccuracies in the CAD Mapping, or from any misuse,misinterpretation or misapplication thereof, whether due to the negligence of Barrie, itsemployees, officers, servants, agents or assigns.

Barrie:

A. Shall immediately notify the Municipality of any errors or inaccuracies discovered by Barriein the Municipality mapping. The Municipality shall be responsible to provide both theCounty and Barrie with an updated and corrected map(s) in a timely fashion; and


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B. Makes no representations, covenants or warranties with respect to the mapping informationor the CAD Mapping. Barrie specifically does not warrant that the mapping information orthe CAD Mapping is free of any inaccuracies or errors. Barrie relies entirely on the Countiesfor the accuracy and completeness of the data provided.

3. DISPATCH BACKUP

Barrie shall provide an operational back-up communications centre in the event that the primary is not operational.

The Municipality agrees that it will assume control of its own dispatch centre on a temporary basis if and when required and for such period of time as may be required by Barrie.

4. STANDARD OPERATING PROCEDURES

The Municipality agrees that it shall comply with the Standard Operating Procedures set out in Schedule C as updated and communicated by Barrie to the Municipality from time to time:

5. FEES

The Municipality shall pay to Barrie the fees as set out in Schedule B.

6. TERM

This Agreement shall come into force and take effect from the 1st day of January, 2019 and remain in full force and effect for a period of five (5) years and thereafter until amended or replaced by a new agreement.

It is agreed that any amendment to or replacement of this Agreement shall be worded so as to take full force and effect on the 1st day of January for the year in which the amendment or new agreement is made.

7. TERMINATION

Either party may, at any time, upon one-hundred twenty (120) days written notice to the other, terminate this Agreement. Any monies owing to Barrie, and not paid, shall immediately be paid to Barrie prior to the date of termination.

8. INDEMNIFICATION

The parties agree that each of them undertakes no duty of care with respect to the other party, and neither party shall be required to indemnify the other as a result of any provision of services under this Agreement. Both parties agree that they shall maintain adequate liability insurance with respect to any claims by any party for physical or personal damages or negligence, as the case may be, on behalf of the parties, and their respective agents, officers, employees and assigns.

9. TECHNOLOGICAL CHANGE

The Municipality agrees and acknowledges that in the event that technology required to provide Dispatching Services changes significantly from what is contemplated under this Agreement, Barrie may require an amendment to this Agreement, which amendment may include, without limiting the generality of the foregoing, an amendment to Barrie’s Responsibilities, the Municipality’s responsibilities, or to the fees set out in Schedule B attached hereto. If the Municipality does not agree to execute such an


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amendment, Barrie may terminate this Agreement upon one-hundred twenty (120) days written notice to the Municipality.

10. OTHER AGREEMENTS

The Municipality acknowledges that Barrie may enter into similar agreements to this Agreement with other municipalities. As a result of such further agreements or the increased volume of the dispatched messages arising out of this Agreement, either party may determine that additional equipment or manpower is necessary for the proper functioning of the dispatch system. If either party determines that additional equipment or manpower is necessary, both parties shall enter into negotiations to determine the necessity of such additional equipment or manpower. If as a result of negotiations the parties are unable to agree as to the necessity of additional equipment or manpower, this Agreement shall be terminated subject to the provisions set out in Section 7 (Termination) above.

11. ARBITRATION

If any disputes, differences or questions arise between the parties out of this agreement, whether during the term of this agreement or after, each such dispute, difference or question shall be submitted to and settled by arbitration and the decision of the arbitrator appointed to deal with such matters shall be accepted by the parties.

The arbitration in each of the cases mentioned above shall be conducted by a single arbitrator if the parties hereto agree upon one or otherwise by an arbitrator appointed by a Judge of the Ontario Superior Court of Justice. The arbitration shall be conducted in accordance with the provisions of The Arbitration Act (Ontario), and any statutory amendments thereto for the time being in effect. It is hereby agreed that it shall be a condition precedent to any action being instituted by either party hereto against the other or of any liability in connection therewith that the matter must be first referred to arbitration as herein provided for disposition.

12. COMPLIANCE WITH LAWS AND CONFIDENTIALITY

The parties undertake and agree that personal information in records delivered to it by the other party will be used for the limited purposes of performing their responsibilities under this Agreement. The parties further acknowledge that any personal information obtained from the other party for the Agreement will be protected under the terms of their privacy policies and applicable privacy legislation.

13. AGREEMENT BINDING

This Agreement shall be binding upon and enure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns.

14. SEVERABILITY

If any covenant, provision or term of this Agreement should be at any time be held by any competent tribunal to be void or unenforceable, then the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this Agreement which shall remain in full force and effect.

15. HEADINGS

The section headings are for purposes of convenience only, and shall not be deemed to constitute a part of this Agreement or to affect the meaning or interpretation of this Agreement in any way.


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16. FORCE MAJEURE

Neither party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event shall not be considered beyond one’s reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in the Agreement would have put in place contingency plans to either materially mitigate or negate the effects of such event. If a party seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that party shall immediately notify the other party of the delay or non-performance, the reason for such delay or non-performance and the anticipated period of delay or non-performance.

17. NOTICE

Any notice required pursuant to this Agreement shall be in writing and delivered personally, by Fax, email, or sent by registered mail (with proper postage) to the following addresses:

To the City of Barrie at: P.O. Box 400 70 Collier Street Barrie, ON L4M 4T5

Attention: City of Barrie Fire and Emergency Service, Fire Chief

Fax: (705) 728-1277

To the Municipality at:

*****************

Or to such other addresses either of the parties may indicate in writing to the other. Any notice given in accordance with this shall be deemed to have been received upon delivery, if delivered personally, at the time of transmission if sent by fax or email, or five (5) days after posting, if sent by regular mail.

18. ENTIRE AGREEMENT

Except as otherwise stated herein, this Agreement constitutes the entire agreement of the parties, it supersedes any previous agreement whether written or verbal.

19. APPLICABLE LAW

This Agreement shall be construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein.


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IN WITNESS WHEREOF the parties have executed this Agreement.

THE CORPORATION OF THE CITY OF BARRIE

__________________________________________ Name: J.R. Lehman Title: Mayor

__________________________________________ Name: Wendy Cooke Title: City Clerk We have authority to bind the Corporation

THE TOWN OF PENETANGUISHENE

__________________________________________ Name: DOUGLAS LEROUXTitle: MAYOR

_________________________________________ Name: STACEY COOPERTitle: CLERKWe have authority to bind the corporation


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SCHEDULE A

RECORDS MANAGEMENT SYSTEM

1. Support by Barrie Barrie’s Information Technology Department shall provide the following services to the Municipality with respect to the records management system utilized by Barrie for the purpose of collecting and reporting data with respect to Fire Dispatch Services (the “Records Management System”):

A. Provide the Municipality with password protected logon to Records Management System, if required;

B. Store such copies of electronic files as are provided by the Municipality and allow for access

through the Records Management System. Barrie does not accept responsibility for maintenance or safekeeping of any such electronic files.

C. Ensure that Dispatching is capable of producing adequate notification; and

D. Provide Barrie Service Desk support for the above and for general usage questions from

Monday to Friday between 8:00 A.M. to 5:00 P.M.

2. Responsibilities of the Municipality

The Municipality shall have the following responsibilities:

A. To provide base level of communication link capabilities in order to provide and maintain internet connection. The Municipality shall provide and properly maintain a base level of workstation, operating system and IE level to support its internal use of the Records Management system application. The Municipality shall also take responsibility for its network, all firewalls and configurations at the local level to allow the Records Management System application to work;

B. The Municipality shall attempt to have Records Management System issues resolved internally

prior to contacting Barrie Service Desk by performing troubleshooting by qualified information technology personnel at local level;

C. The Municipality shall be responsible to maintain the appropriate back up files for all electronic

files transmitted to Barrie;

D. The Municipality staff shall provide timely, accurate and reasonable descriptions of its problems to Barrie Service Desk staff in order to facilitate the support processes; and

E. The Municipality staff shall contact Barrie Service Desk staff by phone at (705) 726-4242 ext

4599 or by email [email protected] for all requests regardless of the priority or subsequent actions taken.


mailto:[email protected]

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SCHEDULE B

FEES

1. Dispatching Fees The following fees shall be applicable for Dispatching:

A. For Dispatching, Municipality shall pay to Barrie, semi-annually, as invoiced by Barrie, a per capita rate (the “Rate”) for the entire Dispatch Area. The Rate applies to all citizens protected by the Municipality’s Fire Department, or under any agreement with other municipal fire departments. The Rate payable each year of the Term of this Agreement shall be:

2019 $2.50 2020 $2.65 2021 $2.80 2022 $2.95 2023 $3.10

B. If the population of the Municipality more than doubles seasonally, an additional per capita on the difference from year round to seasonal population will be added for the agreed upon months yearly. The Municipality shall provide Barrie such reasonable information as Barrie requires to confirm seasonal population changes no later than sixty (60) days prior to the end of each year of the Term or subsequent years following expiry of the Term, if applicable. The per capita rate payable for season population increases in each year of the Term of this Agreement shall be (the “Seasonal Increase Rate”):

2019 $0.50 2020 $0.625 2021 $0.66 2022 $0.69 2023 $0.72

C. Barrie shall review the population of the Municipality on an annual basis and shall correspondingly increase the total amount owing by the Municipality based on the Seasonal Increase Rate payable in each year . The Municipality shall provide to Barrie such reasonable information as may be required by Barrie in order to determine the population on an annual basis.

D. The Municipality shall pay the greater of $3,000.00 or the fee as determined by the Rate set out in item A as the base price.

E. The Municipality shall pay the dispatching fees within thirty days of receipt of the invoice.

Interest at the rate of 1.5% per month shall accrue on past due accounts. F. If the Agreement continues following expiry of the Term, then the Rate shall be increased by

Barrie for each subsequent year following expiry of the Term at Barrie’s sole and unfettered discretion, provided that Barrie gives notice in writing to the Municipality no later than August 31st of each year following expiry of the Term of the increase to the Rate.


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2. Additional Fees

The following Additional Fees shall be applicable:

A. The Municipality shall be responsible for all charges and costs billed to Barrie directly from Bell

Canada or other parties which are properly attributable to Municipality. Barrie shall identify and forward to Municipality invoices with respect to same which shall be paid by the Municipality forthwith upon receipt thereof.

B. The Municipality shall pay any labour costs incurred by Barrie with respect to any Barrie

employees who are subpoenaed to give evidence at any inquest, hearing, court case, etc. associated with the dispatching process set out in this Agreement.

C. If the Municipality uses a different radio maintenance vendor from Barrie’s radio maintenance

vendor, then the Municipality shall pay all invoices, charges and costs incurred by Barrie as a result of failures in the Municipality’s radio equipment.

2. Fees for Records Management Users

The following fees shall be applicable for IT support:

A. Prior to August 30th of each year, Barrie may unilaterally increase the Support Fee increases greater than the rate of inflation according to the CPI. Barrie shall provide notice to the Municipality of the increase. The increase shall be effective January 1st of the respective year.

3. Optional Fees The following fees are options available to the Municipality:

A. Graphic Services for mapping used in CAD ($0.10 per capita) – Includes the ability to use the

services of GIS staff at Barrie to ensure accuracy of information used in CAD system.

4. Technological Change

A. In the event of technological changes that require the City to modify the Dispatch Services The City may amend this Schedule B in accordance with Section 9 of the Agreement to reflect any increase in the Rate for providing the Dispatch Services.


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SCHEDULE C

STANDARD OPERATING GUIDELINES AND PROCEDURES

The Municipality shall comply with the following guidelines: A) Standard Operating Guideline “Emergency Radio Announcement” B) Standard Operating Guideline “Mayday” Communications



BY-LAW NUMBER 2019-11

Being a By-law to Authorize the Execution of an Agreement with The Southern Georgian Bay Farmers Markets for the Operation of the Penetanguishene Market at

26 Main Street, Penetanguishene - May 18, 2019 through to October 19, 2019 and to Repeal By-law 2013-31 and 2014-04


AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues;

AND WHEREAS the Town of Penetanguishene is the owner of the lands known as 26 Main Street;

AND WHEREAS it is deemed expedient that the Council of The Corporation of the Town of Penetanguishene authorize the entering into of an Agreement with the Southern Georgian Bay Farmers Markets for a period of one season (May 18 to October 19, 2019) with a possible one (1) year extension;

NOW THEREFORE the Council of the Town of Penetanguishene hereby enacts as follows:

1. That the Mayor and Clerk be authorized to execute an Agreement between The Corporation of The Town of Penetanguishene and The Southern Georgian Bay Farmers Markets for the operation of Market, said Agreement attached hereto and forming part of this By-law as Schedule “A”.

2. That the Town Clerk is hereby authorized to make minor alterations to the Agreement prior to signature by the Mayor and Clerk that do not substantially change its content.

3. That the Mayor and Clerk shall not complete the execution of the Agreement until the terms of the Agreement with respect to business licensing, insurance requirements and financial arrangements have been satisfactorily completed.

4. That By-law 2013-31 and 2014-04 are hereby repealed in its entirety.


4. That this By-law shall come in to force an effect on passing.

BY-LAW read a first, second and third time and finally passed by Council on the 13th day of February, 2019.

___________________________MAYOR Douglas Leroux



SCHEDULE “A” OF BY-LAW NUMBER 2013-21

Being a By-law to Authorize the Entering into of an Agreement with the Penetanguishene Community Market for 2013-2015 and to Repeal By-law 2012-32

BETWEEN:

THE CORPORATION OF THE TOWN OF PENETANGUISHENEof the First Part

(hereinafter referred to as “The Town”)

AND

THE KARMA PROJECTof the Second Part

(hereinafter referred to as “The Operator”)

WHEREAS the Town of Penetanguishene is the owner of the Curling Club and Rotary Park;

AND WHEREAS the Karma Market wishes to operate the Community Market out of this area;

NOW THEREFORE this Agreement witness that the parties agree here to as follows:

TOWN’S RESPONSIBILITIES

The Town’s responsibilities will be as follows:

(a) The Town agrees to provide the space at the Curling Club Parking Lot as indicated on Appendix “A” to this Agreement for use as a Community Market between the hours of 8:00 a.m. and 1:30 p.m. Saturday only, including set-up, take-down and clean-up, from the first weekend in June until the Thanksgiving weekend in October.

(b) The Town will provide access to the existing hydro panel for the site for use by vendors. The Operator will be responsible for a cost of any approved hydro cable(s) required to access the panel. The Town shall not be responsible to provide alternate electricity in the event of a power outage.

(c) The Town will ensure the availability of washroom facilities in Penetanguishene Rotary Park to the vendors and the public for the designated time noted above at no charge.

(d) The Operator may also make arrangements with the Curling Club for access to their facilities in the event of inclement weather.

THE OPERATOR’S RESPONSIBILITIES

The Operator responsibilities will be as follows:

a) The Operator shall designate one (1) person to be responsible for the operation of the Market. For the purpose of this Agreement, the Operator is The Karma Project.. In the event that above noted Operator is replaced by an alternate committee member, written notice shall be provided to the Town.


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 60 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 Vendor’s 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 Vendor’s License.

d) The Operator shall comply with all requirements of the Vendor’s License. It shall be the Operator’s responsibility to ensure that all members of the Community 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 at its members. A copy of all Health Unit permits must be displayed at the market and provided to the Operator and the Town for their records prior to a vendor’s arrival at the Community Market site.

f) The Operator shall pay a flat rate of $35.00 per month for the use of electricity. All extension cords must be CSA/ULC approved in accordance to Occupational Health and Safety Association and must not exceed the outlet capacity. It shall be the responsibility of the Operator to pay for hydro use, in advance at the start of the Community Market season.

g) The Operator shall ensure that all vendors are located within the approved area shown on Appendix “A”. 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. Vendor setup must be completed by 8:45 a.m. Late vendors will not be permitted.

h) The Operator shall ensure that there is an adequate space barrier between the market area and the travelled portion of the entrance to the lot, to the satisfaction of the Manager of Recreation Services.

i) The Operator shall operate as a Community Market under the terms of the Farm Markets of Ontario Rules and Regulations. The Operator shall submit a complete list of vendors that have been at the market over the season to the Town, at the end of the season. The Operator shall retain ownership of the list and the Town shall not use this list for any unauthorized purpose other than contact from the Town to the vendors.

j) The Operator shall not provide live animal sales of any kind, with or without compensation. In the event that 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.

k) The Operator shall not sell or offer for sale any fast food or soft drink beverages by any of the vendors. In the event that a vendor sells or offers for sale any fast food or soft drink, the Operator shall immediately advise the vendor to cease the prohibited activity.

l) The Operator may sell or offer for sale certain foods or beverages by vendors that reflect the Community Market vision “Handmade, Homegrown or Fair Trade”, subject to prior approval by the Town including proof of all required health permits on an individual basis.

m) The Operator will not permit cooking of any type in the designated Market area without the proper permits and approvals including but not limited to Health Unit, Fire Department and


licensing. In the event that a vendor cooks or attempts to cook any food without permits or permission, the Operator shall immediately advise the vendor to cease the prohibited activity.

n) The Operator may only operate within the designated hours, unless an exception is approved by the Town. The Operator shall ensure that the site is cleaned up and returned to its previous state within one half hour of the Market closing.

o) The Operator shall be responsible for the removal and proper disposal of any waste generated by the Market activities from the Curling Club parking lot area. It shall be the responsibility of the Operator to ensure that all waste is removed within one half hour of the Market closing.

p) With prior approval, the Community Market may erect temporary and/or permanent signage to advertise the market hours and location on Town owned land subject to any restrictions under the Sign By-law and the Ontario Building Code. The signs will be professionally designed and manufactured to promote the Community Market. Any permits and cost of permits will be the responsibility of the Community Market with the Operator as their designated representative for any applications.

q) Vendors may park at no charge in the Public Parking area adjacent to the Curling Club or at a private location as may be arranged by the Community Market with the property owner.

r) In the event that the Operator wishes to expand beyond the existing 30 booths in future years, the expansion of the existing area must be reviewed and approved by the Town and any other parties as deemed applicable.

TERM OF AGREEMENT

s) Termination of the Agreement will take place at the end of the third season. In the event that the Operator wishes to renew the Agreement, the Operator shall submit a request in writing, prior the termination of the Agreement indicating their desire to return for an additional two (2) years.

t) In the event that the Operator does not submit this request, the Town may enter into an Agreement with another party for the next season and the Community Market use may be discontinued without notice.

u) The length of Agreement is three years, with an option to renegotiate for two (2) additional years, if both parties are in Agreement.

DISPUTE RESOLUTION

v) In case of a dispute between the Town and the Operator, the Senior Planner and/or the Manager of Recreation Services will convene a meeting between two representatives of the Town and two representatives of the Community Market to identify, 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 Planning and Development Services Section is the final arbitrator and its decision shall be final.


EMERGENCY CANCELLATION

w) The Town reserves the right to cancel Community 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 Penetanguishene, its agents or employees, by reason of such cancellation.

Made this day of March, 2013

The Corporation of the Town ofPenetanguishene

___________________________ ____________________________Witness Mayor

____________________________Interim Administrator/Town Clerk

___________________________ ____________________________Witness Community Market Representative


Schedule “A” to By-law 2019-11

Being a By-law to Authorize the Execution of an Agreement with The Southern Georgian Bay Farmers Markets for the Operation of the Penetanguishene Market at 26

Main Street, Penetanguishene May 18, 2019 through to October 19, 2019

Made this _____ day of _________________, 2019.

BETWEEN:

THE CORPORATION OF THE TOWN OF PENETANGUISHENEof the First Part

(Hereinafter referred to “The Town”)

AND: THE SOUTHERN GEORGIAN BAY FARMERS MARKETS

Of the Second Part (Hereinafter referred to as “The Penetanguishene Market”)

WHEREAS the Town of Penetanguishene is the owner of the property at 26 Main Street known as the CN Park PLAN 37 PT WATER BLK A RP 51R5168 PARTS 1 TO 11 PARTS 13 14 16 TO 18 20 TO 23;

AND WHEREAS the Penetanguishene Market wishes to operate out of this area;

NOW THEREFORE this Agreement witness that the parties agree here to as follows:

TOWN’S RESPONSIBILITIES

The Town’s Responsibilities:

(a) The Town agrees to provide the space at the CN Park as indicated on Schedule “A” to this Agreement for use as a Penetanguishene Market between the hours of 8:00 a.m. and 2:00 p.m. Saturday only, including set-up, take-down and clean-up, from the Saturday of the Victoria Day weekend to the Saturday of Thanksgiving weekend.

(b) The Town will ensure that the park is adequately maintained including grass cutting and garbage maintenance as part of their daily and weekly operational procedures. The Town shall not be responsible for vendor related garbage pick-up.

(c) The Town agrees to assist with the promotion of the Penetanguishene Market in keeping with available Town resources. The type, volume and scope of promotion is at the sole discretion of the Town.

PENETANGUISHENE MARKET’S RESPONSIBILITIES

The Penetanguishene Market Responsibilities:


a) The Penetanguishene Market shall designate one (1) person to be responsible for the operation of the Market. This person shall hereinafter be referred to as the “Operator”. For the purpose of this Agreement, the Operator is Steve Foster, President of the Penetanguishene Market. In the event that above noted Operator is replaced by an alternate committee member, written notice shall be provided to the Town.

b) Prior to the commencement of this Agreement, and for the entire duration thereof, the Southern Georgian Bay Farmers Markets shall obtain and maintain insurance coverage as outlined below, provided by (an) insurance company(ies) licensed to transact business in the Province of Ontario and of satisfactory financial standing to the Town. Evidence of such insurance shall be provided to the Town in the form of a Certificate of Insurance signed by an authorized signatory prior to the commencement of this Agreement and annually thereafter for the duration of the Agreement and as otherwise specified below.

a) Commercial General Liability insurance policy with minimum limits of $5,000,000 per occurrence / $10,000,000 general aggregate that insures against third party claims for bodily injury (including death), personal injury and/or property damage as a result of actual or alleged negligence of the Southern Georgian Bay Farmers Markets. This policy shall include:

1) Corporation of the Town of Penetanguishene as Additional Insured2) Cross Liability / Severability of Interests clause3) Contractual Liability4) Minimum thirty (30) day’s written notice of cancellation or non-renewal to the Municipality5) Tenants’ Legal Liability6) Liquor Liability (only if the SGBFM holds a liquor permit)7) Products / Completed Operations Hazard

b) Non-Owned Automobile Liability (SPF 6) with minimum limit of $2,000,000.

c) The Penetanguishene Market shall obtain a Business License for Hawkes & Peddlers 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 Business License.

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

e) The Penetanguishene Market will complete a ‘Coordinator of Special Events’ form and provide evidence of approval from the Simcoe Muskoka District Health Unit to operate the market to the Town prior to May 18, 2019. The Penetanguishene Market shall ensure that all certificates of approval that may be required from the Simcoe Muskoka District Health Unit have been obtained by its members. A copy of all permits must be displayed at the market and provided to the Operator and the Town for their records prior to a vendor’s arrival at the Penetanguishene Market site.

f) The Penetanguishene Market shall ensure that all vendors are located within the approved area shown on Schedule “A”. 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 ensure that there is an adequate space barrier between the market area and the travelled portion of nearby sidewalks, trails, the entrance to the launch ramp area and the entrance to the sewage treatment plant, to the satisfaction of the Director of Recreation and Community Services.

h) The Penetanguishene Market shall operate as a Market under the terms of the Farmers Markets of Ontario Rules and Regulations. The Operator shall submit a complete list of vendors that have been at the market over the season to the Town, at the end of the season. The Penetanguishene Market shall retain ownership of the list and the Town shall not use this list for any unauthorized purpose other than contact from the Town to the vendors.

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 Penetanguishene Market shall not provide live animal sales of any kind, with or without compensation. In the event that 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.

k) The Penetanguishene Market shall not sell or offer for sale any fast food or soft drink beverages by any of the vendors. In the event that a vendor sells or offers for sale any fast food or soft drink, the Operator shall immediately advise the vendor to cease the prohibited activity.

l) The Penetanguishene Market will not permit cooking of any type in the designated Market area. In the event that a vendor cooks or attempts to cook any food, the Operator shall immediately advise the vendor to cease the prohibited activity.

m) The Penetanguishene Market 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 Market closing.

n) The Penetanguishene Market shall be responsible for the removal and proper disposal of any waste generated by the Market activities from the CN Park area. It shall be the responsibility of the Operator to ensure that all waste is removed within one half hour of the Market closing.

o) The Penetanguishene Market is required to make application for signage as per the Sign By-law. Any permits and cost of permits will be the responsibility of the Penetanguishene Market with the Operator as their designated representative for any applications. All signage must be approved by the Town prior to the installation.

p) Vendors will not be permitted in the Paid Parking area (adjacent to the Launch Ramp) without paying any applicable parking fees. Vendors may park at no charge in the Public Parking area adjacent to the Curling Club, Town Dock or at a private location as may be arranged by the Penetanguishene Market with the property owner.

q) In the event that the Penetanguishene Market wishes to extend the agreement beyond the 2019 season into 2020, it is acknowledged that an alternate location may be considered or required by the Town. This location will be determined in consultation with the Town and any other parties as deemed applicable.

TERM OF AGREEMENT


r) The term of the Agreement shall be from May 18, 2019 to October 13, 2019. Termination of the Agreement will take place on October 14, 2019. In the event that the Penetanguishene Market wishes to renew the Agreement, the Operator shall submit a request in writing, prior to the termination of the Agreement indicating the Penetanguishene Market’s desire to continue the market for the 2020 season.

s) In the event that the Operator does not submit this request to the Town may enter into an Agreement with another party for the 2020 season and the Penetanguishene Market use may be discontinued without notice.

t) The Town reserves the right at its discretion to change the location of the market provided that notice is given fourteen (14) days in advance to the Operator.

u) The length of Agreement is one year, with an option to renegotiate for one additional year, if both parties are in Agreement.

v) 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

w) In case of a dispute between the Town and the Penetanguishene Market, the Director of Recreation and Penetanguishene Services or designate will convene a meeting between two representatives of the Town and two representatives of the Penetanguishene Market to identify, discuss and come to a fair and amicable solution to the dispute. In the event that a mutually agreeable solution cannot be reached, Council is the final arbitrator and its decision shall be final.

EMERGENCY CANCELLATION

x) The Town reserves the right to cancel Penetanguishene 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 Penetanguishene, its agents or employees, by reason of such cancellation.

Made this _____ day of January, 2019

The Corporation of the Town ofPenetanguishene

___________________________ ____________________________Witness Mayor

____________________________Town Clerk

___________________________ ____________________________Witness THE SOUTHERN GEORGIAN BAY FARMERS MARKETS


Schedule A



BY-LAW 2019-12

Being a By-Law to Authorize the Execution of the Dedicated Gas Tax Funds by Municipalities for Public Transportation Program between The Town of

Penetanguishene and Her Majesty the Queen in Right of the Province of Ontario, hereby Represented by the Minister of Transportation


AND WHEREAS pursuant to Section 8. (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25 Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues;

AND WHEREAS The Corporation of the Town of Penetanguishene has been approved to receive funds as specified within Schedule “A” for the Dedicated Gas Tax Funds for Public Transportation Program under the Ministry of Transportation;

NOW THEREFORE be it enacted and it is hereby enacted by the Council of The Corporation of the Town of Penetanguishene as follows:

1. THAT the Council of The Corporation of the Town of Penetanguishene hereby authorizes the Mayor and the CAO/ to execute an Agreement for the Dedicated Gas Tax Funds for Public Transportation Program between the Town of Penetanguishene and the Ministry of Transportation attached hereto as Schedule “A”, forming part of this By-law.

2. THAT The Corporation of The Town of Penetanguishene hereby confirms that the Funding will be applied and shall be used exclusively for financing the costs eligible under the Dedicated Gas Tax Funds for Public Transportation Program Between The Town Of Penetanguishene and the Ministry of Transportation as set out in Schedule “A” to this By-Law and for no other purposes.

3. THAT this By-law shall come into force and effect upon passing.

BY-LAW READ a first, second and third time and finally passed by Council this 13th day of February, 2019.

________ __________MAYOR, Douglas Lerous

________________ _____CLERK, Stacey Cooper


Ministry of Transportation

Office of the Minister

Ferguson Block, 3ro Floor 77 Wellesley St. West Toronto ON M7A 128 416 327-9200 www.ontario.ca/transportation

Ministere des Transports

Bureau du ministre

Edifice Ferguson, 3° etage 77, rue Wellesley Quest Toronto ON M7A 128 416 327-9200 www.ontario.ca/lransports

JAN 2 i 2019

Mayor Douglas Leroux Town of Penetanguishene 10 Robert Street West, P.O. Box 5009 Penetanguishene ON L9M 2G2

Dear Mayor Leroux:

RE: Dedicated Gas Tax Funds for Public Transportation Program

Ontario

This Letter of Agreement between the Town of Penetanguishene (the "Municipality") and Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Transportation for the Province of Ontario, (the "Ministry'\ sets out the terms and conditions for the provision and use of dedicated gas tax funds under the Dedicated Gas Tax Funds for Public Transportation Program (the "Program"). Under the Program, the Province of Ontario provides two cents out of the provincial gas tax to municipalities to improve Ontario's transportation network and support economic development in communities for public transportation expenditures.

The Ministry intends to provide dedicated gas tax funds to the Municipality in accordance with the terms and conditions set out in this Letter of Agreement and the enclosed Dedicated Gas Tax Funds for Public Transportation Program 2018/19 Guidelines and Requirements (the "guidelines and requirements").

In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which the Municipality has reviewed and understands and are hereby incorporated by reference, and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Ministry and the Municipality agree as follows:

141. To support local public transportation services in the Municipality, the Ministryc;3grees to provide funding to the Municipality under the Program to a maximumamount of up to $84,174 ("the "Maximum Funds") in accordance with, and subjectto, the terms set out in this Letter of Agreement and, for greater clarity, theguidelines and requirements.

. .. /2

Schedule A - By-law 2019-12



BY-LAW 2019-13

Being a By-law to Confirm Proceedings of the Council of The Corporation of The Town of Penetanguishene at the Special Council and Council meetings held on February 13, 2019

WHEREAS the Municipal Act, 2001, c.25, s.5(1) provides that the powers of a municipality shall be exercised by its Council;

AND WHEREAS the Municipal Act, 2001, c.25, s.5(3) provides that a municipal power shall be exercised by By-law;

AND WHEREAS it is deemed expedient that the proceedings of the Council of The Corporation of the Town of Penetanguishene at this meeting be confirmed and adopted by By-law;

NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene hereby enacts as follows:

1. That the actions of the Council of The Corporation of the Town of Penetanguishene in respect to each recommendation contained in the Minutes of the four (4) Section Committees of Council, Local Boards, Council or Committees, and each motion and resolution passed and other action taken by the Council of The Corporation of the Town of Penetanguishene at its meeting is hereby adopted and confirmed as if all such proceedings were expressly in this By-law.

2. That the Mayor and the proper officials of The Corporation of the Town of Penetanguishene are hereby authorized and directed to do all things necessary to give effect to the action of the Council of The Corporation of the Town of Penetanguishene referred to in the proceeding section hereof.

3. That the Mayor and Town Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Penetanguishene.

4. That any Member of Council who complied with the provisions of Section 5 of the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50 respecting the proceedings of the said Meetings shall be deemed to have complied with said provisions in respect of this By-law.

BY-LAW read a first, second and third time and finally passed by Council this 13th day of February, 2019.

___________________________MAYOR Doug Leroux


2019-13 of 124