THE CORPORATION OF THE TOWN OF MIDLAND MEETING OF … Documents... · 2015-03-03 · Letter dated January 22, 2015, from Mr. F. Larsen, Oro-Medonte resident, requesting that a letter

THE CORPORATION OF THE TOWN OF MIDLAND

MEETING OF COUNCIL – MONDAY, FEBRUARY 23, 2015 6:30 P.M.

COUNCIL CHAMBERS

AGENDA

1. CALL TO ORDER 2. DECLARATIONS OF PECUNIARY INTEREST

3. CLOSED SESSION a) Motion to move into closed session i) Closed Session Items

(1) Confidential Staff Report from Deputy Clerk/Senior Executive Assistant re. Appointment to the Midland Accessibility Advisory Committee

(2) Confidential Staff Report from CAO re. Games Manager 55+ Senior

Games Appointment

(3) Verbal Report from CAO re. MPUC Appointment ii) Motion to rise to open session 4. OPEN SESSION – 7:00 P.M. i) Motions arising from closed session discussions 5. CONSENT AGENDA

Adoption of recommendations as set out on the Consent Agenda for the Regular Meeting of Council on February 23, 2015. (motion)

6. PRESENTATION

a) Heritage Awards i) Merit Award to 308 King Street (St. Paul’s) ii) Appreciation Award to Rene Hackstetter

7. DEPUTATIONS a) Party on the Dock Event Mr. R. Befort, Rotary Club of Midland, to address Council regarding the above.

Hearing Devices Available Please Ask For Assistance

- 2 - b) Cycling Tourism Strategy Mr. B. Matheson, to address Council regarding the above. c) Midland Cultural Advisory Committee Ms. L. Lipton, to address Council regarding the above. 8. ACCOUNTS a) General Accounts For the month of January 2015. (motion) 9. CORRESPONDENCE To be referred to the Vice-Chair of Administration Matters – Councillor S. Strathearn a) 2015 Mandarin MS Walk - Midland Letter dated January 21, 2015, from Ms. T. Ritchie, Walk Coordinator, Multiple

Sclerosis Society of Canada, Ontario Division, requesting permission to conduct the 2015 Mandarin MS Walk on Sunday, May 3, 2015. (motion)

b) Fun Run and Walk – Butter Tart Trot Letter dated January 28, 2015, from Ms. I. Parker, WyeFitness, requesting

permission for the use of Harbourside Park and the Rotary waterfront trail on Sunday, June 14, 2015, for the purpose of hosting a Fun Run and Walk. (motion)

c) Fun Run and Walk Letter dated February 7, 2015, from Ms. I. Parker, WyeFitness, requesting

permission for the use of Harbourside Park and the Rotary waterfront trail on Monday, August 3, 2015, for the purpose of hosting a Fun Run and Walk. (motion)

d) Annual Log-Sawing Contest – Elmvale Maple Syrup Festival Letter dated January 20, 2015, from Mr. B. French, Mayor, Springwater Township,

extending an invitation to Council to compete in their annual log-sawing contest, as part of the 2015 Elmvale Maple Syrup Festival, to be held on Saturday, April 25, 2015.

e) Lakehead-Georgian University Plan Letter dated January 22, 2015, from Mr. F. Larsen, Oro-Medonte resident,

requesting that a letter of support regarding the above be sent to the Minister of Training, Colleges and Universities and the government of Ontario. (motion)

f) Banner on Yonge Street Request Letter dated February 19, 2015, from Ms. M. Jejna, Job Developer, YMCA Simcoe

Muskoka, requesting permission to hang a banner on Yonge Street from February 27 to March 11, 2015, to promote the annual Midland Spring Job Fair 2015. (motion)

- 3 - To be referred to the Vice-Chair of Public Works Matters – Councillor J. Main g) Management of Hauled Waste – Class Environmental Assessment Study Letter dated January 19, 2015, from Mr. S. Gendron, Project Engineer, R. J.

Burnside & Associates Limited, advising that the Town of Penetanguishene has initiated a Municipal Class Environmental Assessment to evaluate alternatives for the management of hauled wastewater, and requesting comments and/or concerns with respect to the proposed project.

10. REPORTS

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

a) General Committee Report 2015-2 of its meeting held February 9, 2015 (motions) To be referred to the Chair of Administrative Matters – Councillor J. Contin b) CAO-2015-03 Town Engineer Position Report dated February 19, 2015, from C. Tripp, CAO, recommending that a by-law

to appoint a full-time Town Engineer be brought forward for consideration of Council later in the meeting. (See By-law 2015-8)

c) CL-2015-13 Appointment to Midland Library Board Report dated February 19, 2015, from K. Desroches, Deputy Clerk, recommending

that Council confirms the appointment of Maureen Pearce to the Midland Public Library Board as the Township of Tiny’s Representative for a term to expire November 30, 2018.

To be referred to the Chair of Community Service Matters – Deputy Mayor M. Ross

d) Lease Agreement with Midland Duplicate Bridge Club B. Peter, Director of Parks and Recreation, to provide a verbal report regarding the

above. (See By-law 2015-9)

To be referred to the Chair of Public Works Matters – Councillor P. File e) PWC-2015-01 Supply and Delivery of Fuel Tender Results Report dated February 18, 2015, from S. Berriault, Director of Public Works,

recommending that the tender bid from Mayes-Martin Ltd. to supply and deliver various grades of fuel to the Public Works Depot tanks and to the Water and Wastewater operations back-up generator fuel tanks for the period March 1, 2015 to September 30, 2016, with an option to renew on a month to month basis for up to one year, in the amount of $432,205.98, exclusive of H.S.T., be accepted. (motion and By-law 2015-7)

- 4 - To be referred to the Chair of Planning Matters – Councillor G. Canning

f) Planning and Development Committee Report 2015-2 Meeting held February 4, 2015. (motions) To be referred to Council’s Representative on the Heritage Committee – Deputy

Mayor M. Ross g) PL-2015-13 Report to Council on Heritage Committee Activities for 2014 Report dated February 18, 2015, from A. Betty, Planner, recommending that the

Annual report be received by Council for information. (motion) h) PL-2015-14 Heritage Committee Reserve

Report dated February 18, 2015, from A. Betty, Planner, recommending that Council receive Staff Report PL-2015-14 dated February 18, 2015 outlining the revenue and expenditures of the Heritage Committee Reserve Fund and approve the transfer of the funds in the fundraising account to the Heritage Committee Reserve Account. (motion)

11. CONSENT BY-LAW 1) By-law 2015-7 A by-law to provide for the entering into of an Agreement with Mayes-Martin Ltd. for

the Supply and Delivery of Unleaded Gasoline, Diesel and Colour Diesel Fuel. 2) By-law 2015-8 A by-law to authorize the appointment of Jamie Galloway as the Town Engineer.

3) By-law 2015-9 A by-law to authorize the entering into of a Lease Agreement between the Midland Duplicate Bridge Club and the Town of Midland.

12. GENERAL BUSINESS

1) Notices of Motion

2) Other Business Introduced by Members of Council or Staff 13. CONFIRMATORY BY-LAW

a) By-law 2015-10 A by-law to adopt the proceedings of the Council Meeting held on February 23,

2015, and to authorize its execution.

14. ADJOURNMENT

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CONSENT AGENDA MONDAY, FEBRUARY 23, 2015

1. Meeting Minutes

a) Regular Meeting of Council with Closed Session held January 26, 2015

Recommendation: “That the Minutes of the Regular Meeting of Council with

Closed Session, held January 26, 2015, be adopted as printed and circulated.”

b) Special Closed Meeting of Council held February 9, 2015 Recommendation: “That the Minutes of the Special Closed Meeting of Council

held on February 9, 2015, be adopted as printed and circulated.”

c) Special Meeting of Council held January 21, 2015 Recommendation: “That the Minutes of the Special Meeting of Council held on

January 21, 2015, be adopted as printed and circulated.” d) Special Meeting of Council with Closed Session held February 12, 2015 Recommendation: “That the Minutes of the Special Meeting of Council with

Closed Session held on February 12, 2015, be adopted as printed and circulated.”

e) Special Closed Meeting of Council held February 17, 2015 Recommendation: “That the Minutes of the Special Closed Meeting of Council

held on February 17, 2015, be adopted as printed and circulated.”

2. Council Information Packages a) January 26 to 30, 2015 b) February 2 to 6, 2014 c) February 9 to 13, 2015 Recommendation: Received as information. 3. General Items for Information a) CL-2015-10 Tag Days/ Proclamations/Flag Raisings – January Report Report dated February 2, 2015, from C. LeMesurier, Administrative Assistant,

recommending that the Tag Days and Proclamations/Flag Raising Information Report for the month of January, 2015 be received as information.

Recommendation: Received as information.

2

b) Electronic Cigarettes (e-cigarettes) Letter dated February 2, 2015, from Mr. B. Ward, Chair, Board of Health, Simcoe

Muskoka District Health Unit, providing information regarding the above and encouraging municipalities to develop legislation prohibiting the use of electronic cigarettes where smoking is prohibited.

Recommendation: Received as information. c) Trails Connecting Communities Program – 2015 Letter dated January 28, 2015, from Mr. D. Parks, Director of Planning and

Economic Development, County of Simcoe, providing information regarding the above program.

Recommendation: Received as information. (staff are reviewing) d) Request for Support to Save Canada Post

Letter dated January 15, 2015, from Mr. D. Lemelin, National President, Canadian Union of Postal Workers, expressing concern regarding changes to the public postal service, and requesting support in their petition to the federal government to reverse the Canada Post Plan.

Recommendation: Received as information. e) Economic Development Corporation of North Simcoe (EDCNS) EDCNS Report, Board of Directors, dated September 11, 2014. Recommendation: Received as information.

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Minutes of the Regular Meeting of Council held on Monday, January 26, 2015, at 5:00 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor M. Ross, Councillors G. Canning,

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

Also Present: Chief Administrative Officer, C. Tripp Director of Planning and Building Services, W. Crown Police Chief M. Osborne

Director of Corporate Services/Clerk/Deputy CAO, A. Fay Deputy Clerk/Senior Executive Assistant, K. Desroches

Guests: E. Veldboom, Russell, Christie, LLP Chief Osborne departed the meeting following discussion on Item 3a)i1) 1. CALL TO ORDER

Mayor G. McKay called the meeting to order at 5:00 p.m. The Mayor then asked the Clerk to provide information regarding notice of the meeting. The Clerk advised that the meeting agenda was posted on the website in advance of the meeting in accordance with the Town’s Procedural By-law. The agenda was also provided to both Council and Department Heads.

2. DECLARATIONS OF PECUNIARY INTEREST

No declarations were brought forward.

3. CLOSED SESSION a) Motion to move into closed session Moved by S. Strathearn Seconded by C. Oschefski That Council move into closed session;

And further that this portion of the meeting be closed to the public pursuant to section 239 of the Municipal Act, 2001, as indicated;

______________________________________________________________________________ Regular Council - 2 - January 26, 2015

Subsection 2 (b) Personal matters about an identifiable individual

Subsection 2 (d) Labour Relations or Employee Negotiations Subsection 2 (f) Advice that is subject to solicitor-client privilege

CARRIED. i) Closed Session Items

1. Report from Chief Osborne Re: Personnel Matter

Council received a confidential PowerPoint presentation from the Police Chief regarding personnel matters. A question and answer period followed. Council directed staff to prepare the appropriate motion for consideration upon conclusion of this closed meeting session.

2. Letter from Solicitor Re: Official Plan Amendment – Appeal

Council reviewed a confidential letter dated January 25, 2015, from Mr. Edward B. Veldboom, Russell, Christie, LLP. Mr. Veldboom provided details regarding the actions taken with respect to an OMB appeal, and proposed options for Council’s consideration. Council directed staff to prepare the appropriate motion for consideration upon conclusion of this closed meeting session.

3. Report from Deputy Clerk Re: Committee Appointments

Council reviewed confidential Report CL-2015-7 dated January 20, 2015, from the Deputy Clerk, together with applications submitted for consideration for appointments to various boards/committees.


To allow for the Regular Meeting of Council to proceed at its scheduled time and to permit Council additional time to review the remaining closed meeting items, it was, Moved by M. Ross Seconded by G. Canning

That this Closed Meeting of Council recess at 6:50 pm and reconvene at the end of the regularly scheduled open Council Meeting to conclude discussion.

CARRIED. 4. OPEN SESSION – 7:00 P.M. Now Present: Mayor G. McKay, Deputy Mayor M. Ross, Councillors G. Canning,


Also Present: Chief Administrative Officer, C. Tripp Director of Planning and Building Services, W. Crown

Director of Corporate Services/Clerk/Deputy CAO, A. Fay Director of Parks and Recreation, B. Peter Director of Public Works, S. Berriault Town Engineer, J. Galloway Director of Finance/Treasurer, M. Villeneuve Director of Fire Services (Fire Chief) & Emergency Mgmt., K. Foster Deputy Clerk/Senior Executive Assistant, K. Desroches

5. DECLARATION OF PECUNIARY INTEREST

Councillor G. MacDonald declared a pecuniary interest with respect to By-law 2015-3 Audit Committee Terms of Reference by reason that his wife is employed by the same business as one of the committee members.

6. CONSENT AGENDA

Moved by P. File Seconded by M. Ross

That Council adopt the recommendations as set out on the Consent Agenda for the Regular Meeting of Council held January 26, 2015.

CARRIED.


7. DEPUTATIONS a) Butter Tart Festival 2015

Ms. B. Rowlandson, Event Manager, Butter Tart Festival Steering Committee, spoke to the success of the past two Butter Tart Festivals and the economic benefits of the event to the community, and requested that the Town consider an additional contribution of $5,000 to help offset event preparation costs.

b) 2014 Sustainability Plan Baseline Report

T. Roxborough, Sustainability Coordinator, Sustainable Severn Sound, provided a PowerPoint presentation highlighting the Sustainability Plan, the plan’s progress to date, and priorities and plan strategies for 2015.

c) Georgian Bay General Hospital Funding Request

C. Moran, President, GBGHF, provided a PowerPoint presentation highlighting the funding achievements of the Georgian Bay General Hospital Foundation that allowed for the expansion of the Emergency Department, and requested the Town’s continued support through a pledge of $41,600 per year over the next three years to assist with the purchase of a CT Scanner at a cost of $1.6 million.

d) Proposed Health Hub

C. Lambie, President and CEO, Waypoint Centre for Mental Health Care, and D. Jeffery, Executive Director, Chigamik Community Health Centre, provided a PowerPoint presentation highlighting the role of their respective organizations within the community, and proposing the establishment of a health hub in the downtown on Bayshore Drive.

Moved by P. File Seconded by M. Ross

That Council approves, in principle, the concept of entering into a long-term lease with the Chigamik Community Health Centre and Waypoint Centre for Mental Health Care to facilitate a Health Hub on a portion of municipally owned lands located at 287 Bayshore Drive;

And further that staff be directed to proceed with the preparation of the related draft long-term lease and all associated development and Planning Act applications.


A recorded vote was requested. AYE NAY

Stewart Strathearn X Jonathan Main X Patricia File X Jack Contin X Glen Canning X

Deputy Mayor Mike Ross X Cody Oschefski X

George J. MacDonald X Mayor Gordon McKay X

CARRIED, unanimously. 8. ACCOUNTS a) General Accounts Moved by J. Contin Seconded by S. Strathearn

That the accounts for the month of December 2014, totalling $5,224,829.40 be approved and confirmed as paid.

CARRIED. 9. CORRESPONDENCE a) Community Based Nominations Committee

Council reviewed a letter dated January 14, 2015, from Mr. N. Foot, Chair, Board of Directors, Georgian Bay General Hospital, following which it was then,

Moved by S. Strathearn Seconded by J. Contin

That, further to letter dated January 14, 2015, from Neal Foot, Chair, Board of Directors, Georgian Bay General Hospital; Council herein supports the appointment of Mayor Gord McKay to the Community Based Nominations Committee (CBNC).

CARRIED.

b) Butter Tart Festival 2015

Council reviewed a letter dated November 17, 2014, from Ms. B. Rowlandson, Event Manager, Butter Tart Festival Steering Committee, following which it was then,


Moved by C. Oschefski Seconded by J. Main

That, letter of request dated November 17, 2014, from Barbara Rowlandson, Event Manager, Butter Tart Festival Steering Committee regarding a change to street closures, be forwarded to staff for consideration during the Special Events Application review.

CARRIED. 10. REPORTS a) General Committee Report 2015-1 of its meeting held January 12, 2015 1) CL-2015-1 Treasure Days and Free Garage Sale Weekend (Reference Section A, Item #2, of the above Report) Moved by J. Contin Seconded by S. Strathearn

That, further to Report CL-2015-1 dated January 5, 2015, staff be directed to advertise for two Treasure Day weekends being Saturday, May 9 and Sunday, May 10, 2015 and Saturday, October 3 and Sunday, October 4, 2015; and further that staff be directed to advertise the Free Garage Sale Permit Weekend on July 11 and 12, 2015.

CARRIED. 2) CL-2015-3 Farmers’ Market Application

(Reference Section A, Item #3, of the above Report) Moved by J. Contin Seconded by S. Strathearn

That, further to Report CL-2015-3 dated January 6, 2015, Council direct staff to contact the BIA to obtain comments regarding the Saturday market.

CARRIED. 3) CL-2015-4 Municipal Office Hours - Christmas Break 2015 (Reference Section A, Item #4, of the above Report) Moved by J. Contin Seconded by S. Strathearn

That as recommended in Report CL-2015-4 dated January 6, 2015, the Municipal Office be closed from noon on December 24, 2015 and reopen on January 4, 2016.

CARRIED.


4) PR-2015-01 Age Friendly Community Planning (Reference Section B, Item #1, of the above Report) Moved by M. Ross Seconded by P. File

That, as recommended in Report PR-2015-01 dated January 5, 2015, Council approve and support the application for funding for an Age Friendly Community Planning project and endorse the activities that lead to the development, implementation and evaluation of the Midland Age Friendly Community Action Plan.

CARRIED. 5) PR-2015-03 NSSRC Energy Conservation Project (Reference Section B, Item #2, of the above Report) Moved by M. Ross Seconded by P. File

That, as recommended in Report PR-2015-03 dated December 11, 2014, Council authorize staff to proceed with the tendering process for seasonal controllers and pumps for the North Simcoe Sports and Recreation Centre.

CARRIED. 6) PR-2015-04 Exemption to By-Law 2005-61 (Reference Section B, Item #3, of the above Report) Moved by P. File Seconded by M. Ross

That, as recommended in Report PR-2015-04 dated January 5, 2015, Council approve an exemption to By-law 2005-61 for the purpose of three open air fires during Winterfest weekend: one on top of Campbells Hill on Friday, January 30, 2015, during the toboggan races and the other two in Little Lake Park on Saturday, January 31, 2015, provided that fire safety measures required by the Fire Chief are met.

CARRIED.


7) PR-2015-06 Central Region 55+ Summer Games (Reference Section B, Item #5, of the above Report) Moved by P. File Seconded by M. Ross

That, as recommended in Report PR-2015-06 dated January 6, 2015, Council approve the $2,500 donation for the 2015 Central Region 55+ Summer Games with the funds to be allocated from the Tourism Special Events budget.

CARRIED. 8) PR-2015-07 BIA Request for Street Closure (Reference Section B, Item #6, of the above Report) Moved by M. Ross Seconded by P. File

That, as recommended in Report PR-2015-07 dated January 6, 2015, Council approve the request from the Midland BIA for the closure of King Street on January 30, 2015, as outlined in the December 19, 2014, letter and direct the Public Works Department to take the necessary action.

CARRIED.

9) PR-2015-08 Georgian Bay Snowriders Snowmobile Club Agreement

(Reference Section B, Item #7, of the above Report) Moved by M. Ross Seconded by P. File

That, as recommended in Report PR-2015-08 dated January 6, 2015, Council approve the new agreement with the Georgian Bay Snowriders Club and direct staff to present the By-law and Agreement for Council approval.

CARRIED.

10) ENG-2015-01 Tender for Prospect Boulevard Construction MacDonald Road to Beamish Rd

(Reference Section C, Item #2, of the above Report) Moved by P. File Seconded by J. Main

That, as recommended in Report ENG-2015-01 dated January 7, 2015, the tender from K.J. Beamish


Construction Co. Limited to construct Prospect Boulevard from MacDonald Road to Beamish Road, including construction of a new watermain and a new sanitary sewer, in the amount of $364,257.40, exclusive of all taxes, be accepted.

CARRIED. Moved by P. File Seconded by M. Ross

That General Committee Report 2015-1 of its meeting held January 12, 2015, be adopted as printed and circulated.

CARRIED.

b) Property Standards Committee and Fence Viewing Appointments

Mayor McKay advised that Council appointments to the Property Standards and Fence Viewing Committee are required, following which it was then,

Moved by J. Contin Seconded by S. Strathearn

That the following members of Council be appointed to the Property Standards and Fence Viewing Committee for a term to expire November 30, 2016.

Councillor Patricia File Councillor George MacDonald Councillor Cody Oschefski

CARRIED. c) Draft Terms of Reference - Downtown Safety Committee

Mayor McKay presented the draft Terms of Reference for the Ad Hoc Downtown Safety Committee, following which it was then,


That Council approves the Terms of Reference with respect to the development of an Ad Hoc Downtown Safety Committee.

CARRIED.


d) By-law 2009-68

Clerk Fay spoke to new Smoke-Free Ontario Act Regulations that came into effect January 1, 2015, which prohibit smoking within 20 meters of any municipal playground and sporting area. As By-law 2009-68 is no longer required, a by-law rescinding this by-law has been prepared for Council’s consideration. (See By-law 2015-5)

e) CL-2015-8 Information Technology Strategic Plan Request for Proposals

Council received as information a report dated January 22, 2015, from V. Dorion, IT Technician, providing information with respect to the above.

f) CL-2015-9 Appointments to Ad Hoc Committees

A report dated January 22, 2015, from K. Desroches, Deputy Clerk/Senior Executive Assistant, was deferred to the open session to be convened following conclusion of the closed meeting to be held following this Regular Meeting of Council.

g) WPSC-2015-01 Midland Bay Landing Quotations for Legal Survey Services

Council reviewed a report dated January 21, 2015, from J. Galloway, Town Engineer, following which it was then,

Moved by P. File Seconded by J. Main

That, as recommended in Report WPSC-2015-01, dated January 21, 2015, Council endorse the recommendation from the Waterfront Project Steering Committee to accept the quotation from Dearden and Stanton Limited for the provision of legal land survey services of the Midland Bay Landing property, including the optional topographical survey works, in the amount of $11,100, exclusive of all taxes.

CARRIED.


h) Planning and Development Committee Report 2015-1 Meeting held January 14, 2015.

1) Devonleigh Homes Ltd. – Application for Part Lot Control Extension - Registered Plan 51M-989- Phase 1

(Reference Item 3B, of the above Report) Moved by G. Canning Seconded by G. MacDonald

That, as recommended in Planning and Development Report 2015-1, dated January 14, 2015, Council support the request for Part Lot Control Exemption for Plan 51M-989, Phase 1.

`CARRIED. 2) Review and Update to Town of Midland Official Plan

Request for Public Meeting (Reference Item 3C, of the above Report) Moved by G. Canning Seconded by G. MacDonald

That, as recommended in Planning and Development Report 2015-1 dated January 14, 2015, Council authorize the holding of a Public Meeting to identify preliminary issues to be considered in the Review and Update to the Town of Midland Official Plan as outlined in Report PL-2015-2 dated January 6, 2015.

CARRIED. 3) CBO and Chief Building Inspection Services Agreement with

Town of Penetanguishene (Reference Item 3D, of the above Report) Moved by G. Canning Seconded by G. MacDonald

That, as recommended in Planning and Development Committee Report 2015-1 dated January 14, 2015, Council of the Town of Midland hereby supports Staff level discussions to investigate the potential for the joint provision of Ontario Building Code Services with the Town of Penetanguishene on a permanent basis and that a report be prepared for Committee and Council consideration, as soon as practical.

CARRIED.


4) Town of Penetanguishene – Request for Comments Draft Plan of Subdivision – 60 Maria Street (Reference Item 3E, of the above Report) Moved by G. Canning Seconded by G. MacDonald

That, further to Planning and Development Committee Report 2015-1 dated January 14, 2015, Council of the Town of Midland has no comments regarding the proposed Draft Plan of Subdivision, File No. PEN-SUB-2014-1, for the property legally described as Block 47, Registered Plan 51M-555 and known municipally as 60 Maria Street.

CARRIED. Moved by G. Canning Seconded by G. MacDonald

That Report 2015-1 of the Planning and Development Committee of Council Meeting dated January 14, 2015 be adopted as printed and circulated.

CARRIED.

i) PL-2015-6 Designation By-law for 589 Hugel Avenue (St. Margaret’s Catholic Church)

Council reviewed a report dated January 19, 2015, from A. Betty, Planner, following which it was then,

Moved by M. Ross Seconded by P. File

That, as recommended in Report PL-2015-6, dated January 19, 2015, Council hereby accepts the recommendation of the Midland Heritage Committee that St. Margaret’s Catholic Church (589 Hugel Avenue) be considered for designation under Section 29 of the Ontario Heritage Act and that staff be directed to finalize the draft designation by-law and commence the “Notification of Intent to Designate” process as provided under the Ontario Heritage Act.

CARRIED.


j) PL-2015-7 Heritage Awards and Heritage Week February 16 to 22, 2015



That, as recommended in Report PL-2015-7, dated January 19, 2015, Council of the Corporation of the Town of Midland declare the week of Monday February 16 to Sunday February 22, 2015, as Heritage Week in the Town of Midland;

And that Council approve the recommendations of the Heritage Committee for the 2015 Heritage Merit and 2015 Heritage Appreciation Award nominations.

CARRIED. k) PL-2015-8 – Draft Terms of Reference and Request for Proposals for the

William Wilson Pioneer Cemetery Restoration and Promotion Plan



That, as recommended in Report PL-2015-8, dated January 20, 2015, Council hereby accepts the recommendation of the Midland Heritage Committee for the approval of the Draft Terms of Reference and Request for Proposals for the Heritage Restoration and Promotion Plan for the William Wilson Pioneer Cemetery and that staff be directed to undertake the RFP process.

CARRIED. 11. CONSENT BY-LAW Moved by C. Oschefski Seconded by J. Main That leave be granted to introduce the following by-laws:

By-law 2015-1 Agreement with the Georgian Bay Snowriders Snowmobile Club.

By-law 2015-2 Remove Part Lot Control on Phase 1 Registered Plan of

Subdivision 51M-989.


By-law 2015-4 Agreement with K.J. Beamish Construction Co. Limited for the construction of Prospect Boulevard from MacDonald Road to Beamish Road in the adjusted amount of $364,257.40, exclusive of taxes.

By-law 2015-5 Rescind By-law 2009-68 being a by-law to prohibit

smoking within 10 metres of municipally owned playgrounds and sports fields.

CARRIED. It was then,


That By-laws 2015-1, 2015-2, 2015-4 and 2015-5 be read a first, second and third time and finally passed.

CARRIED.

Having previously declared a pecuniary interest, Councillor MacDonald vacated his Council seat. It was then,


That leave be granted to introduce By-law 2015-3 being a by-law to provide for the adoption of the Terms of Reference of the Audit Committee.



That By-law 2015-3 be read a first, second and third time and finally passed.

CARRIED. Councillor MacDonald returned to his seat. 12. GENERAL BUSINESS

1) Other Business Introduced by Members of Council or Staff

In response to a question raised by Deputy Mayor Ross, the Director of Public Works advised that a controller has been ordered for the traffic lights at the King and Yonge Street intersection. The intersection should be back in service very soon.


Deputy Mayor Ross encouraged everyone to check the Midland Mirror for details on this weekend’s Winterfest, and noted that the outdoor rink is now open.

Councillor Strathearn advised of an upcoming Midland Reads event being held by the Library at the Midland Cultural Centre and encouraged everyone to support the Library by buying tickets. Mayor McKay advised that both he and Councillor Oschefski are participating in the “Ready to be Thirsty” campaign during the month of February to promote moderation with respect to alcohol consumption.

13. CONFIRMATORY BY-LAW

a) By-law 2015-6 Moved by C. Oschefski Seconded by J. Main

That leave be granted to introduce By-law 2015-6, being a by-law to adopt the proceedings of the Council Meeting held on January 26, 2015, and to authorize its execution.

CARRIED. It was then, Moved by C. Oschefski Seconded by J. Main

That By-law 2015-6 be read a first, second and third time and finally passed.

CARRIED.

14. ADJOURNMENT Moved by C. Oschefski Seconded by G. MacDonald That this Regular Meeting of Council adjourn at 8:56 p.m. CARRIED. 15. CLOSED SESSION: Now Present: Mayor G. McKay, Deputy Mayor M. Ross*, Councillors G. Canning,



Also Present: Chief Administrative Officer, C. Tripp Director of Human Resources/Health and Safety, G. Green Director of Corporate Services/Clerk/Deputy CAO, A. Fay Deputy Clerk/Senior Executive Assistant, K. Desroches**

*Arrived at 9:07 pm during discussions on Item i3) and departed the meeting at 9:51 pm during discussions related to Item 5. **Departed the meeting following the conclusion of discussions on Item i3). Mayor McKay called the meeting to order and advised that the purpose of the meeting was to consider the remaining closed session items, following which it was then, Moved by J. Contin Seconded by G. Canning That the Closed Meeting of Council reconvene at 9:03 p.m. CARRIED. i) Closed Session Items

3. Report from Deputy Clerk Re: Committee Appointments Council concluded its review of confidential Report CL-2015-7 dated January 20, 2015, from the Deputy Clerk, regarding appointments to various boards and committees. Council directed staff to prepare the appropriate motion for consideration upon conclusion of this closed meeting session.

4. Report from Director of HR/H&S Re: CLAC Collective Agreement

Council reviewed confidential Report HR/HS-2015-01 dated January 13, 2015, from the Director of Human Resources, highlighting the terms of a memorandum of understanding for volunteer firefighters.

Council directed staff to prepare the appropriate motion for consideration upon conclusion of this closed meeting session.

5. Report from CAO Re: Personnel Matter

Council reviewed a confidential report dated January 26, 2015, from the Chief Administrative Officer regarding personal matters.



It was then, Moved by S. Strathearn Seconded by C. Oschefski

That this Closed Meeting of Council be adjourned at 10:29 p.m. and that Council now rise and report to open session.

CARRIED. 16. OPEN SESSION:

i) Motions arising from closed session discussions

1. Report from Chief Osborne Re: Personnel Matter

Moved by G. MacDonald Seconded by G. Canning

That, further to a presentation made on January 26, 2015, by Chief Osborne, regarding personnel matters, Council confirm the direction provided to staff in the closed meeting session held on January 26, 2015.

CARRIED.

2. Letter from Solicitor Re: Official Plan Amendment – Appeal Moved by G. Canning Seconded by G. MacDonald

That further to letter dated January 25, 2015, from Russell, Christie, LLP, Council confirm its direction to staff on how to proceed with the Official Plan Amendment appeal.

CARRIED.

3. Report from Deputy Clerk Re: Committee Appointments a) Committee of Adjustment/Sign Variance Committee

Moved by C. Oschefski Seconded by J. Contin

That, as recommended in Report CL-2015-7 dated January 20, 2015, George Barber be appointed to the Committee of Adjustment/Sign Variance Committee for a term to expire November 30, 2018.

CARRIED.


b) Midland Accessibility Advisory Committee

Moved by J. Contin Seconded by J. Main

That as recommended in Report CL-2015-7 dated January 20, 2015, Carole Ann Nichols be appointed to the Midland Accessibility Advisory Committee for a term to expire November 30, 2018.

CARRIED. c) Heritage Committee

Moved by G. Canning Seconded by S. Strathearn

That, as recommended in Report CL-2015-7 dated January 20, 2015, Mary Templeton be appointed to the Heritage Committee for a term to expire November 30, 2018;

And further that staff be directed to prepare the appropriate by-law providing for an amendment to By-law 2009-3 which establishes the Terms of Reference for the Heritage Committee to allow for one member of Council to be included in the Committee’s composition.

CARRIED. d) Midland Public Library Board

Moved by G. MacDonald Seconded by J. Contin

That, as recommended in Report CL-2015-7 dated January 20, 2015, Trisha Sheridan and Ken Stief be appointed to the Midland Public Library Board for a term to expire November 30, 2018.

CARRIED.

e) Downtown Master Plan Steering Committee


Moved by S. Strathearn Seconded by C. Oschefski

That, as recommended in Report CL-2015-7 dated January 20, 2015, the Terms of Reference for the Downtown Master Plan Steering Committee be amended to increase the Committee’s composition from 7 members to 8 members which would include three (3) members of Council, two (2) members appointed by the BIA and three (3) property owners/business owners from outside the BIA but located within the study area.

CARRIED.

4. Report from Director of HR/H&S Re: CLAC Collective Agreement Moved by G. MacDonald Seconded by J. Contin

That, as recommended in HR/HS-2015-01 dated January 13, 2015, staff be directed to prepare a by-law to authorize the execution of the agreement by the negotiating committee, on behalf of the Town of Midland, thereby ratifying the agreement between the Town of Midland and the Eastern Ontario Volunteer Firefighters Association Local 920 affiliated with the Christian Labour Association of Canada representing the Midland Volunteer Fire Service.

CARRIED.

5. Report from CAO Re: Personnel Matter Moved by G. MacDonald

Seconded J. Contin That further to the confidential staff report from the CAO regarding a personnel matter direction was provided from Council on how to proceed.

CARRIED.

Council Agenda Item deferred until following closed meeting.


ii) CL-2015-9 Appointments to Ad Hoc Committees

Council reviewed a report dated January 22, 2015, from K. Desroches, Deputy Clerk/Senior Executive Assistant, following which it was then, Moved by J. Contin Seconded by S. Strathearn

That Council herein confirms the appointment of the following members of Council and community representatives to the Waterfront Project Steering Committee: Mayor G. McKay Councillor G. MacDonald Councillor G. Canning Councillor J. Main Burke Penny Bill Kernohan



That Council herein confirms the appointment of the following members of Council and community representatives to the Downtown Master Plan Steering Committee: Councillor J. Contin Councillor P. File Councillor S. Strathearn Margaret Hamelin Scott Campbell Andre Sanche Steve Maurice Archie Meridis

CARRIED. It was then, Moved by G. MacDonald Seconded by J. Contin

That this open session to report closed meeting motions be adjourned at 10:38 p.m.

CARRIED.

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

Special Meeting – Closed 1 February 9, 2015

Minutes of the Special Closed Meeting of Council held on Monday, February 9, 2015, at 6:00 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor M. Ross Councillors J. Main,

C. Oschefski, G. MacDonald, G. Canning, J. Contin, and S. Strathearn

Regrets: Councillor P. File Also Present: C. Tripp, Chief Administrative Officer G. Green, Director of Human Resources/Health and Safety A. Fay, Director of Corporate Services/Clerk/Deputy CAO K. Desroches, Deputy Clerk/Senior Executive Assistant Glenda departed at 6:36 pm following discussion on item 4. 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 6:00 pm and advised that the purpose of the meeting was to review the collective bargaining process for the Midland Professional Fire Fighters and to consider the 2014 recipients for the Town’s Award of Merit. The Mayor then asked the Clerk to provide information regarding notice of the meeting. The Clerk advised that the meeting notice was posted on the website in advance of the meeting in accordance with the Town’s Procedural By-law. The agenda was also provided to both Council and Department Heads. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. The Mayor recommended that if, at any point during the meeting, members of Council had any concern they bring it forward at that point.

2. Declaration of Pecuniary Interest: No declarations were made.


CLOSED SESSION: 3. Declaration of Closed Meeting:

Moved by J. Main

Seconded by: G. MacDonald That Council move into closed session;


Subsection 2 (b)

Personal matters about an identifiable individual

Subsection 2 (d) Labour Relations or Employee Negotiations

CARRIED.

4. MPFFA Bargaining Preparation

Council reviewed Confidential Report HR/HS-2015-02 dated February 4, 2015, from the Director of Human Resources/Health and Safety.

The Director of Human Resources/Health and Safety responded to questions raised by Council. Council directed staff to prepare the appropriate motion for consideration upon conclusion of this closed meeting session.

5. Award of Merit

Council reviewed Report CL-2015-06 dated January 20, 2015, from the Director of Corporate Services/Clerk/CAO.


6. Motion to Rise to Open Session Moved by G. MacDonald Seconded by J. Main

That this Closed Meeting of Council be adjourned at 6:46 p.m. and that Council now rise and report to open session.

CARRIED.


OPEN SESSION: Council reassembled at 7:00 pm. 7. Motions arising from closed session discussions: a) MPFFA Bargaining Preparation

Moved by G. Canning Seconded by J. Contin

THAT further to Confidential Report HR/HS-2015-02 dated February 4, 2015, staff be directed to proceed with the collective bargaining process with the Midland Professional Fire Fighters Association (MPFFA) as per the direction provided by Council.

CARRIED. b) Award of Merit

Moved by J. Contin Seconded by G. Canning

THAT further to Report CL-2015-06 dated January 20, 2015, Council confirms the direction provided to staff on how to proceed with the Award of Merit recipients for 2014.

CARRIED.

8. Adjournment: Moved by G. MacDonald Seconded by M. Ross That this Special Meeting of Council adjourn at 7:02 p.m. CARRIED.


Minutes of the Special Meeting of Council held Wednesday, January 21, 2015, at 8:30 a.m., in the Council Chambers at the Municipal Office. Present: Mayor G. McKay, Deputy Mayor M. Ross*, Councillors J. Contin, G.

Canning, S. Strathearn, C. Oschefski, G. MacDonald and P. File* Regrets: Councillor J. Main Also Present: CAO, C. Tripp Director of Corporate Services/Clerk/Deputy CAO, A. Fay Facilitator: K. Wianecki, Director of Practice Planning Solutions Inc. * Councillor P. File arrived at 9:08 am during discussion of item 3. * Deputy Mayor M. Ross arrived at 12:30 pm during discussion of item 3. * Councillor G. Canning left the meeting at 3:00 pm during item 3. 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 8:43 am and advised that the purpose of the meeting was to discuss Council priorities through the creation of a Strategic Plan.

2. Declaration of Pecuniary Interest: No declarations were made at this time. 3. Strategic Planning Session:

K. Wianecki provided an overview of the agenda for the day. She noted that the purpose of the session is to define the collective Council priorities for the next four years being Council’s term. Once those priorities have been determined, they will need to be ranked in order of importance.

Mayor McKay provided a brief overview of the Council priorities as determined in 2010. Members of Council responded to a number of questions from K. Wianecki including the challenges that will be facing the Town over the next four years, discussing where they want the Town to be in 5, 10, 20 years’ time and determining the strategic priorities in order to attain the vision for Midland. Based on the above, discussion took place regarding the strategic needs and wants for the Town. Following discussion, a list of eight key priorities were compiled including the related details, comments and specific actions required.

___________________________________________________________________ Special Meeting of Council 2 January 21, 2015

It was agreed that K. Wianecki would provide Council with the list of priorities following the meeting and then Council will have an opportunity to rank them prior to the next meeting. The ranked priority list would then be brought forward to the next meeting (date to be determined) where further discussion would occur with both Council and Senior Staff.

4. Adjournment: Moved by J. Contin Seconded by S. Strathearn

THAT THIS SPECIAL MEETING OF COUNCIL ADJOURN AT 3:54 P.M. CARRIED. ___________________________________ _____


Minutes of the Special Meeting of Council held Thursday, February 12, 2015, at 9:00 a.m., in the Council Chambers at the Municipal Office. Present: Mayor G. McKay, Deputy Mayor M. Ross, Councillors J. Contin, G.

Canning, S. Strathearn, C. Oschefski, J. Main and G. MacDonald Regrets: Councillor P. File Also Present: CAO, C. Tripp Director of Corporate Services/Clerk/Deputy CAO, A. Fay

Director of Human Resources/Health & Safety, G. Green (Closed Session)

Facilitator: K. Wianecki, Director of Practice Planning Solutions Inc. (Item 3) 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 9:03 am and advised that the purpose of the meeting was to conduct the second portion of Councils strategic planning session and to receive a confidential PowerPoint presentation from the CAO regarding an organizational review.

2. Declaration of Pecuniary Interest: No declarations were made at this time. 3. Strategic Planning Session:

K. Wianecki provided an overview of the agenda for the day. She noted the purpose of the session was to create the top priorities for Council over the next four years.

Members of Council reviewed the list previously created in order to finalize the top five priorities of Council. Council agreed that the five priorities would not be ranked in order of importance. It was further agreed that Karen would prepare and distribute the final list prior to conducting a meeting with Senior Staff to review the priorities as identified by Council. Following the meeting with Senior Staff, the strategic plan will be brought forward to General Committee and Council for formal approval.

___________________________________________________________________ Special Meeting of Council 2 February 12, 2015

Following a recess, the Mayor asked the Clerk to provide information regarding notice of the meeting. The Clerk advised that the meeting notice was posted on the website in advance of the meeting in accordance with the Town’s Procedural By-law. The agenda was also provided to both Council and Department Heads. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. There were no concerns brought forward at this point. The Mayor recommended that if, at any point during the meeting, members of Council had any concern they should bring it forward at that point.


Moved by J. Contin

Seconded by C. Oschefski That Council adjourn to an in camera session: And further that this portion of the meeting be closed to the public

pursuant to section 239 of the Municipal Act, 2001, as indicated; Subsection 2 (b)

Personal Matters about an Identifiable Individual CARRIED. 5. Organizational Review:

Council reviewed a Confidential PowerPoint presentation from the CAO regarding an organizational review of the Town.

The CAO and Director of Human Resources/Health & Safety responded to a number of questions brought forward by Council. Following discussion on the matter, staff was directed to bring forward a motion to consider following the Closed meeting.

6. Motion to Rise to Open Session Moved by J. Contin Seconded by C. Oschefski That Council in closed session now rise and report to open session. CARRIED.

___________________________________________________________________ Special Meeting of Council 3 February 12, 2015

OPEN SESSION: 7. Motions arising from closed session discussions:

a) Organizational Review Moved by J. Contin Seconded by C. Oschefski That the CAO be directed to proceed as outlined within the

discussion related to the Confidential PowerPoint Presentation regarding the organizational review.

CARRIED.

8. Adjournment: Moved by J. Contin Seconded by C. Oschesfski That this special meeting of Council adjourn at 2:02 p.m. CARRIED.

______________________________________



Minutes of the Special Closed Meeting of Council held on Tuesday, February 17, 2015, at 5:30 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor M. Ross* Councillors J. Main,


Regrets: Councillor P. File

Also Present: C. Tripp, Chief Administrative Officer W. Crown, Director of Planning & Building Services J. Galloway, Town Engineer M. Villeneuve, Director of Finance/Treasurer A. Fay, Director of Corporate Services/Clerk/Deputy CAO * Deputy Mayor M. Ross arrived at 6:01 pm during discussion related to item 4. 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 5:30 pm and advised that the purpose of the meeting was to review a potential development agreement related to municipally owned lands. The Mayor then asked the Clerk to provide information regarding notice of the meeting. The Clerk advised that the meeting notice was posted on the website in advance of the meeting in accordance with the Town’s Procedural By-law. The agenda was also provided to both Council and Department Heads. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. There were no concerns raised. The Mayor recommended that if, at any point during the meeting, members of Council had any concern they bring it forward at that point.

2. Declaration of Pecuniary Interest:

No declarations were made.



Moved by C. Oschefski

Seconded by: J. Contin That Council move into closed session;


Subsection 2 (c)

Proposed or pending acquisition or disposition of land.

CARRIED.

4. Potential Development Agreement:

Council reviewed a confidential draft of a potential development agreement. Staff responded to a number of questions raised by Council regarding the document. Following discussion, Council directed staff to prepare the appropriate motion for consideration upon conclusion of the closed meeting session.

5. Motion to Rise to Open Session: Moved by G. MacDonald Seconded by C. Oschefski

That Council in closed session now rise and report to open session. CARRIED. OPEN SESSION: 6. Motions arising from closed session discussions:

a) Potential Development Agreement Moved by G. MacDonald Seconded by C. Oschefski

That staff is hereby directed to proceed as discussed during the closed meeting in relation to the potential development agreement.

CARRIED.


7. Adjournment: Moved by G. MacDonald Seconded by C. Oschefski That this Special Meeting of Council adjourn at 7:01 p.m. CARRIED.


Council Information PackageJanuary 26 - January 30, 2015

k:\Council&By-laws\C03 Council Agenda\Council Information Packages List

NoDate Sent

Out Media Type From Subject

1 30-Jan-15 Poster Midland's 30th Annual Winterfest Charity Hockey Game

2 27-Jan-15 Letter A. Fay, Clerk, in response to H. Freitag Letter/Request # Midland 2015-1

3 27-Jan-15 Letter A. Fay, Clerk, in response to H. Freitag Letter/Request # Midland 2015-2

4 30-Jan-15 LetterMinister of the Environment and Climate Change Source Protection Plan Review

Council Information PackageFebruary 2 to February 6, 2015


NoDate Sent


1 6-Feb-15 Report OmbudsmanAnnual Report on Investigations of Closed Municipal Meetings

2 6-Feb-15 Poster County of Simcoe Warden's Ski Day - Fundraising Campaign

3 6-Feb-15 Minutes Waterfront Project Steering Committee Meeting held December 19, 2014

4 6-Feb-15 Minutes Waterfront Project Steering Committee Meeting held January 9, 2015

5 6-Feb-15 Letter Ministry of Transportation Consultation on Ontario's Default Speed Limit

6 6-Feb-15 Communications AMO CommunicationsAMO Policy Update - Highlights of the January 2015 Board Meeting

Council Information PackageFebruary 9 to February 13, 2015


NoDate Sent


1 13-Feb-15 Communications Simcoe County Council January 2015 Newsletter

2 13-Feb-15 Poster Ministry of Tourism, Cultural and Sport Cultural Heritage Conservation Workshop

3 13-Feb-15 Communications LAS 2015 Town Hall Sessions

4 13-Feb-15 Minutes Midland Public Library Board Meeting held January 8, 2015

5 13-Feb-15 Letter Midland Police Services Cuts to Victim Service Programs

6 13-Feb-15 Minutes Seniors Council Meeting held January 15, 2015

Council 1 Tag Day – Proclamation – Flag Raising Report February 23, 2015 Report CL-2015-10

STAFF REPORT

DEPARTMENT: Administration

CHAIR: Councillor J. Contin

DATE: February 2, 2015

SUBJECT: CL-2015-10 TAG DAYS/ PROCLAMATIONS/FLAG RAISINGS – JANUARY REPORT

RECOMMENDATION:

THAT the Tag Days and Proclamations/Flag Raising Information Report for the Month of January, 2015 be received as information. BACKGROUND: At the meeting of Council held on May 26, 2014, Council adopted policies whereby proclamations were delegated to the Mayor’s office and the assignment of tag days and flag raisings were delegated to the Clerk. The Clerk is to provide a monthly report on these activities. ANALYSIS: The following tag days and proclamations were granted in January 2015: Tag Days

Children’s Community Choir – May 1, 2, 2015; and September 25, 26, 2015 Midland-Penetang District CERT – January 30, 31, 2015 Wendat Community Programs - June 5, 6, 2015; and September 18, 19, 2015 Huronia Pregnancy Resource Centre – August 28, 29, 2015 Navy League of Canada – April 17, 18, 2015; and October 16, 17, 2015 We Are The Villagers – May 22, 23, 2015; and July 31 and August 1, 2015 Canadian Cancer Society – April 10, 11, 2015 Skate Midland – March 13, 14, 2015 Georgian Bay General Hospital Volunteer Association – July 24, 2015

Proclamation

Epilepsy Awareness Month - March 2015 National Health and Fitness Day – June 6, 2015 World Autism Awareness Day – April 2, 2015

Flag Raisings

Autism Ontario’s “Raise the Flag” Campaign – April 2, 2015 Prepared by: Catherine LeMesurier, Administrative Assistant Approved by: Karen Desroches, Deputy Clerk/Senior Executive Assistant

February 2, 2015

Simcoe and Muskoka Mayors and Councillors Dear Mayor and Council: As you may be aware, the use and availability of electronic cigarettes (e-cigarettes) is on the rise and their use is rapidly gaining popularity among youth and young adults. With this comes many regulatory questions and lack of evidence related to where they should or should not be used, who should be able to buy them and where, safety of use for both users and non-users and their effectiveness as a long-term smoking cessation support. The Simcoe Muskoka District Health Unit has developed a background report on e-cigarettes and related devices, and it is attached for your reference. On the basis of this report, the following position statement on e-cigarettes was endorsed by the health unit’s Board of Health on November 19, 2014: E-cigarettes should be prohibited anywhere smoking is currently prohibited, whether provincially or municipally mandated, including public places and workplaces. Electronic cigarettes are battery operated products that deliver aerosol (commonly called vapour) by heating a solution that users inhale. The solution typically consists of a mixture of propylene glycol or glycerol (glycerin), flavoring, and may or may not contain nicotine. E-cigarettes are a relatively new product, first patented in China in the early 2000s. They are often shaped to look like their conventional tobacco counterparts, though they can also take other forms. Electronic cigarettes do not currently fall under the definition of smoking or holding lit tobacco under the Smoke-Free Ontario Act (SFOA). Legally, this means that they could be used in enclosed public places and workplaces or in other places where smoking is prohibited. Permitting the use of electronic cigarettes indoors, in places where smoking is banned under the SFOA or existing bylaws, can create tobacco enforcement challenges and undermine the tremendous gains to date to change the culture of tobacco use in society. Locally, we have received a number of inquiries and expressions of concern from various community stakeholders regarding this issue. Since the health unit’s e-cigarette report was written in November, 2014, the Government of Ontario announced Bill 45, which includes a proposed Electronic Cigarette Act, 2014, in addition to other elements. If passed, this Act would effectively ban electronic cigarettes wherever smoking is already prohibited, ban the sale of

Page 2

electronic cigarettes to minors, and impose similar display and promotion restrictions as on conventional tobacco products. The Simcoe Muskoka District Health Unit supports this proposed Electronic Cigarette Act and has expressed this support to the provincial government. However, recognizing such bills can take a considerable amount of time to pass through the legislature and be enacted, we are providing information on e-cigarettes to all municipal councils, post-secondary campuses, and hospitals in Simcoe and Muskoka. The intention of sharing this letter and background report with you is to help clarify issues surrounding e-cigarettes, and to suggest that municipalities consider developing their own policies/bylaws prohibiting the use of electronic cigarettes where smoking is prohibited, while awaiting provincial legislation. This municipal authority for e-cigarettes is consistent with the legal opinion received by the health unit, as outlined in the background report. The health unit would be pleased to provide additional information and offer support in the development of such policies. For further information and/or assistance please contact Dr. Lisa Simon, AMOH at 705-721-7520 ext. 7244 or [email protected], or Lee Zinkan-McKee, Program Manager at ext. 7483 or [email protected]. Sincerely, ORIGINAL SIGNED BY Barry Ward, Chair Board of Health Simcoe Muskoka District Health Unit BW:LS:mk Att. (1)

ELECTRONIC NICOTINE DELIVERY

DEVICES

CDP – Tobacco Program November 2014

Barrie

15 Sperling Drive

Barrie, Ontario

Phone: (705) 721-7520

Fax: (705) 721-1495

www.simcoemuskokahealth.org

ELECTRONIC NICOTINE DELIVERY DEVICES PAGE 1

CONTENTS

Contents ................................................................................................................................................. 1

Introduction ............................................................................................................................................ 2

Who is using Electronic Cigarettes? ...................................................................................................... 3

Issues Related to Electronic Cigarettes ................................................................................................ 3

Health Risks ............................................................................................................................................................................... 3

Electronic Cigarettes and Tobacco Cessation ........................................................................................................................ 4

Impact on Tobacco Control Efforts .......................................................................................................................................... 5

Other Issues Include: ................................................................................................................................................................ 5

Current State of Electronic Cigarette Regulation in Ontario, Canada, and Beyond ............................. 7

Public Health Actions in Ontario ............................................................................................................ 8

Additional Policy Information ................................................................................................................. 9

SMDHU Legal Opinion .......................................................................................................................... 9

Recommendations from the CDP-Tobacco Program ........................................................................... 9

References ........................................................................................................................................... 10


INTRODUCTION

Electronic Nicotine Delivery Devices (ENDS), of which electronic cigarettes are the most

common type, are battery operated products that deliver an aerosol (commonly called vapour)

by heating a solution that users inhale. For the purposes of this report we will refer to these

products as electronic or e-cigarettes. The solution typically consists of a mixture of propylene

glycol or glycerol (glycerin), flavoring and may or may not contain nicotine. (6,10,15) “Electronic

cigarettes are a relatively new product first patented in China in the early 2000s”.(6) Electronic

cigarettes are often shaped to look like their conventional tobacco counterparts, however, they

can also take the form of everyday items such as pens, USB storage devices, and larger

cylindrical or rectangular devices.(10,15) Electronic cigarettes containing nicotine are a non-

combustible product designed to deliver nicotine to the user without the toxic chemicals in

tobacco and tobacco smoke. Electronic cigarettes, with or without nicotine, are readily available

in Canada online as well as in various retail outlets. “The use of electronic cigarettes is

booming. It is estimated that in 2014 there were 466 brands and that in 2013 in the US $3 billion

was spent on electronic cigarettes products globally and sales are forecasted to increase by a

factor of 17 by 2030. Recently, all of the major transnational tobacco companies have entered

the electronic cigarette market.”(15)

Electronic cigarettes with nicotine cannot be legally manufactured, imported, sold, or marketed

in Canada. Canada’s Food and Drug Act requires that products containing nicotine must be

approved by Health Canada and at the present time no product has received approval.

Electronic cigarettes that make a health claim cannot be legally sold in Canada however

electronic cigarettes without nicotine and that do not make a health claim can be legally

imported, marketed, and sold. (5, 8,10) Despite their illegality, electronic cigarettes with nicotine are

readily available for purchase in Canada online and at retail, with little federal enforcement of

the current regulations.

No formal safety requirements exist regarding product development, ingredient disclosure,

nicotine levels, product safety, or packaging.(7,8) Electronic cigarettes are also not subject to the

packaging, labeling, advertising, promotion, and sponsorship restrictions that apply to

conventional tobacco cigarettes and other tobacco products. Electronic cigarettes are

increasingly being marketed to youth and young adults through product flavouring, celebrity

endorsements, event sponsorship, and free product offers. (12) As a result of not being a “lit

tobacco product”, electronic cigarettes are not subject to the restrictions of the 2006 Smoke-

Free Ontario Act (SFOA) which prohibits smoking in public places, workplaces, on school and

child-care properties, and near entrances to health care facilities, and prohibits sales to minors.

They are also not subject to restrictions of our various municipalities’ by-laws that restrict

smoking near building entrances, in or near municipal properties and/or parks and playing fields.


WHO IS USING ELECTRONIC CIGARETTES?

A 2014 study by Czoli, Hammond, and White of Canadian youth and young adults age 16-30

years, found that close to half of respondents (43.4%) had seen e-cigarettes advertised or for

sale. A total of 16.1% reported trying an e-cigarette (5.2% nonsmokers, 18.9% former smokers,

and 34.5% current smokers) and 5.7% reported use in the past 30 days (0.8% non-smokers,

1.4% former smokers, and 15.0% current smokers). Compared to non-smokers, former smokers

and current smokers were more likely to have tried e-cigarettes (OR=4.25 and OR=9.84,

respectively) and current smokers were more likely to have tried e-cigarettes than former

smokers (OR=2.32). Current smokers were also more likely to be current users of e-cigarettes

than both former smokers (OR=15.15) and non-smokers (OR=4.43). Smokers were interested

in trying e-cigarettes to help them quit smoking (80.4%), as a long-term replacement for

cigarettes (77.8%), or to use in places where they cannot smoke (80.9%). These findings are

consistent with existing research. In contrast, reporting trying electronic cigarettes was not

higher among males in this sample, as has been reported in other studies. Awareness of e-

cigarettes among surveyed youth and young adults is quite high. (3)

For the first time in 2013, the Ontario Student Drug Use and Health Survey asked secondary

students in grades 9-12 whether they have ever tried an e-cigarette. Among students in grades

9-12, 14.6% reported using an e-cigarette in their lifetime. This represents about 99,800

students in Ontario. Specifically, 4.1% used an e-cigarette with nicotine, and 10.5% used an e-

cigarette without nicotine. Males (18.6%) were significantly more likely than females (10.3%) to

report ever using an e-cigarette. (1)

ISSUES RELATED TO ELECTRONIC CIGARETTES

Electronic cigarettes are the subject of much public health debate and “represent an evolving

frontier, filled with promise and threat to tobacco control. Whether electronic cigarettes fulfill the

promise or the threat will depend on a complex and dynamic interplay among industries

marketing electronic cigarettes (independent makers and tobacco companies), consumers,

policy-makers, practitioners, scientists, and advocates.”(15) Issues related to electronic cigarettes

fall into three main categories:

1. Health risks to users and non-users;

2. Efficacy in helping smokers to quit smoking and ultimately nicotine dependence; and

3. Interface with existing tobacco-control efforts.

Health Risks

Electronic cigarettes are almost certainly less harmful than tobacco cigarettes, but they are not

without risk. Most electronic products have not been independently tested and there is wide

variation in the nature of the toxicity of contents and emission. (6, 10, 15) “This is dependent on the


capacity of the individual product to deliver nicotine, battery voltage, unit circuitry, user puffing

behaviour and nicotine solution concentration, all of which increase the variability of potential

harms to the user.”(15) Nicotine is the addictive component in tobacco and while not a carcinogen

itself, “recent studies have indicated it may function as a “tumour promoter” and may contribute

to cardiovascular disease. Nicotine exposure can have adverse effects during pregnancy and

has the potential for long-term consequences for brain development from childhood and

adolescent exposure.” (15)

E-cigarettes do not burn or smolder the way conventional cigarettes do, and so they do not emit

side-stream smoke; however bystanders are exposed to aerosol exhaled by the user. (6)

“The particle size distribution and number of particles delivered to users of e-cigarettes are

similar to those of conventional cigarettes, with most particles in the ultrafine range (modes,

≈100–200 nm). Particle delivery appears to depend on the nicotine level in the e-cigarette fluid

but not the presence of flavours. Smokers exhale some of these particles, which expose

bystanders to “passive vaping.” Like tobacco cigarettes, e-cigarette particles are small enough

to reach deep into the lungs and cross into the systemic circulation. At a minimum, this shows

that e-cigarette aerosol is not merely “water vapour” as is often claimed in the marketing for

these products. Tests show much lower levels of most toxicants, but not particles, than

conventional cigarettes. The thresholds for human toxicity of potential toxicants in e-cigarette

vapour are not known and the possibility of health risks to primary users and those exposed

passively to their emissions must be considered.” (6)

Although data is limited, it is clear that e-cigarette emissions are not merely “harmless water

vapour”, as is frequently claimed and can be a source of indoor air pollution. Smoke-free

policies protect non-smokers from exposure to toxins and encourage smoking cessation. One

hundred per cent smoke-free policies have larger effects on consumption and smoking

prevalence than weaker policies. Introducing e-cigarettes into clean air environments may result

in population harm if use of the product reinforces the act of smoking as socially acceptable or if

use undermines the benefits of smoke-free policies. (6, 8)

Of further concern is the harmful and potential lethality of nicotine in a highly concentrated and

liquid form. The Centers for Disease Control and Prevention have reported a dramatic increase

in calls to Poison Control Centers across the US regarding electronic cigarette liquid. Calls have

increased from one call per month in September 2010 to 215 calls per month in February 2014.

Most cases of poisoning were caused by ingestion or inhalation of the nicotine containing liquids

and vapours, and through skin or eye exposure. More than half of these calls (51%) involved

children under five years old. (2)

Electronic Cigarettes and Tobacco Cessation

Some early research studies have demonstrated some potential cessation benefits of electronic

cigarettes with nicotine; however, overall the evidence for the effectiveness of electronic


cigarettes as a method for quitting tobacco smoking is limited and inconclusive.(6, 8,15) The

evidence at this time, although limited, indicates use of electronic cigarettes may lead to a

reduction in cigarette use rather than complete quitting, and demonstrates high levels of dual

use of electronic cigarettes with conventional cigarettes.(6,15) While some may support the

concept of harm reduction through reduced cigarette use being a valid goal, the 2014 report of

the US Surgeon General concluded that “reducing the number of cigarettes smoked per day is

much less effective than quitting entirely for avoiding the risks of premature death from all

smoking-related causes of death. Use of electronic cigarettes to cut down on the number of

cigarettes smoked per day is likely to have a much smaller beneficial effect on overall survival

compared with quitting smoking completely”.(6,14)

Impact on Tobacco Control Efforts

Electronic cigarettes may “present a range of potential benefits to smokers but there is much

concern and debate in the tobacco control community as to whether electronic cigarettes will

prove to have a positive or negative impact on population health and in particular tobacco

control.” The main areas of concern include the possibility that children (non-smokers) will

initiate nicotine use with electronic cigarettes and once addicted to nicotine, will switch to

cigarette smoking and the possibility that everything that makes electronic cigarettes attractive

to smokers may enhance the attractiveness of smoking itself and perpetuate the smoking

epidemic.(15) Additionally as mentioned in the section above, some experts have suggested that

the dual use of conventional cigarettes with electronic cigarettes may actually delay or deter

smoking cessation, rather than support it.(6)

Other Issues Include:

Blurring of the Core Message of Tobacco Control

The core message of tobacco control has been that tobacco use should not be started and if

started should be stopped. The promotion of electronic cigarettes and harm reduction efforts

creates conflicts with use of messages such as: a) Try to quit smoking and if everything else

fails use an electronic cigarette; b) You do not need to quit nicotine, just smoking; c) You do not

need to quit smoking, use electronic cigarettes when you cannot smoke. (4, 15)

The Role of the Tobacco Industry

“The electronic cigarette market was initially dominated by independent companies, but in

recent years has seen all of the main transnational tobacco companies enter the electronic

cigarette market. Given the history of the corporations that dominate the industry, this is of

grave concern to tobacco control advocates. If prior interest of the tobacco industry in products

promoted as harm reduction products (i.e. smokeless tobacco, snuff, etc.) serves as a

precedent, their interest lies in maintaining the status quo in favour of cigarettes for as long as

possible, while simultaneously providing a longer-term source of profit should the cigarette

model prove unsustainable.” (15) Some experts also fear involvement in electronic cigarettes and


a focus on harm reduction may provide opportunities for the tobacco industry to engage in

health policy and use their involvement as a strategy to create a semblance of corporate social

responsibility. (4, 15)

Challenge to Smoke-free Policies and Smoking Denormalization

In addition to protecting non-smokers from secondhand smoke, smoke-free policies also provide

incentives to quit smoking and act to denormalize smoking, given that adolescents are

particularly susceptible to visual cues and social norms.(15) “The use of electronic cigarettes in

places where smoking is not allowed, can interfere with smoke-free policies as it increases

exposure to exhaled aerosol toxicants in otherwise “clean” environments, reduces quitting

incentives, may conflict with the smoking denormalization effects, and given the resemblance to

conventional tobacco products, will make enforcing smoke-free policies more difficult.” (15)

Marketing and Sales

Electronic cigarettes are being marketed to consumers through many channels including

television, sports and cultural sponsorship, celebrity endorsement, social networking, online

advertising, point-of-sale displays, pricing strategies, and product innovation. All of these are

strategies that clearly emulate the very successful tobacco advertising of the past that tobacco

control advocates worked so hard to undo. (12,15) “The marketing message to tobacco control

stakeholders is one of alignment of the industry and public health interests which could lead to

proposals of partnership between government and industry, as industry claims a meaningful

seat at the table in the so-called harm reduction debate.” (4,15)

While the controversy and debate over the risks versus benefits of electronic cigarettes

continues, there is clear alignment on the following:

The need for regulation of electronic cigarettes to establish a scientific basis on which to

examine the effects of electronic cigarette use, ensuring adequate research is

conducted, providing the public with current reliable information as to the potential risks

and benefits of electronic cigarettes, and that the health of the public is protected.(15)

Regulatory recommendations consistently include prohibition of use and/or sale of electronic

cigarettes anywhere conventional tobacco products are banned; banning the sale of electronic

cigarettes to minors; product regulation for safety, efficacy, and quality control; restrictions on

unsubstantiated health claims; prohibition on lifestyle advertising, promotion and sponsorship;

and transparency from electronic cigarette companies advocating for and against legislation and

regulation, both directly and through third parties. No matter what role the tobacco industry

plays in the future of electronic cigarettes, this industry, its allies, and front-groups can never be

considered to be a legitimate public health partner or stakeholder while it continues to profit from

tobacco and its products. (6,8,10,15)


CURRENT STATE OF ELECTRONIC CIGARETTE REGULATION IN ONTARIO, CANADA, AND BEYOND

The following section is a summary of action to date to advance tobacco control and regulate

electronic cigarette use in Canada and the United States.

Innisfil, Ontario

In January 2014, added electronic cigarette use to their smoke-free outdoor sports and

recreational spaces by-law no. 111-13.

Toronto, Ontario

On August 25, the City of Toronto voted 36-2 in favour of banning e-cigarettes from all

City of Toronto workplaces.

Peel Region, Ontario

Peel Region’s Smoking in the Workplace policy prohibits electronic cigarette use at

Region of Peel workplaces by employees, contractors, and visitors.

Town of Hantsport, Nova Scotia

Hantsport’s by-law no. 62, Protection from Second-Hand Smoke, prohibits smoking in a

variety of outdoor public places, and has a broad definition of smoking that includes

electronic cigarettes.

Red Deer, Alberta

BY-LAW NO. 3345/2005 received legal opinion that supports that “vaping” an e-cigarette

falls under their by-law definition of smoking so the same regulations against regular

cigarettes apply to e-cigarettes.

“Smoke” or “Smoking” means to inhale, exhale, burn, or have control over a lighted

cigarette, cigar, pipe, hookah pipe, or other lighted smoking implement designed to burn

or heat tobacco or any other weed or substance for the purpose of inhaling or tasting of

its smoke or emissions.

U.S. State and Local Laws Regulating Use of Electronic Cigarettes (as of July 3, 2014)

http://www.no-smoke.org/pdf/ecigslaws.pdf

This list includes U.S. states and municipalities with laws currently in effect that regulate

where use of electronic cigarettes (e-cigarettes) is prohibited. The rationale used in the

U.S. regarding use of e-cigarettes in workplaces and public places is that it is a

significant public health concern, not only because of their unregulated constituents and

the potential health impact of the vapor on users and bystanders, but also because e-

cigarette use causes public confusion as to where smoking is allowed, resulting in

compliance problems with smoke free laws.

http://www.simcoemuskokahealth.org/Libraries/TOPIC_Tobacco/111-13TownOfInnisilOSFSBylaw.sflb.ashx

https://www.nsra-adnf.ca/cms/file/files/Hantsport_NS_Case_Study_March28-FINAL.pdf

http://www.no-smoke.org/pdf/ecigslaws.pdf


PUBLIC HEALTH ACTIONS IN ONTARIO

On August 1, 2014, Toronto Public Health (TPH) released a staff report and position statement

that reviewed available evidence on e-cigarette use, safety, health effects, and potential as a

cessation aid; as well as actions in other jurisdictions and regulatory gaps at the federal,

provincial, and municipal levels. Based on this review, a number of concerns have been

identified about e-cigarette safety, impact on youth smoking initiation, and potential to normalize

smoking behaviour and undermine existing tobacco control legislation. A number of Canadian

and international jurisdictions have proposed or taken action to address these concerns. As a

result, TPH has developed a position statement on e-cigarettes and health outlining current

concerns and summarizing appropriate regulatory and policy approaches to address them. (13)

This report recommends that the Minister of Health and Long-Term Care amend the Smoke-

Free Ontario Act (SFOA) to include e-cigarettes, such that the Act would prohibit e-cigarette use

wherever cigarette use is currently prohibited in Ontario; and prohibit the sale of e-cigarettes to

minors (under 19 years of age). If provincial action is not taken by February 2015, the Medical

Officer of Health will consult with the City Solicitor, other City Divisions and relevant

stakeholders and report to the Board of Health on municipal measures to prohibit e-cigarette

use where smoking is prohibited under the SFOA or City by-laws. This report also recommends

SFOA amendments to address youth friendly e-cigarette flavours and amendments to federal

legislation to ensure labelling and manufacturing consistency of e-cigarettes. In the interim, the

Medical Officer of Health will work with the City Manager to explore development of an internal

policy prohibiting e-cigarette use at City workplaces. Of note, in August 2014 Toronto City

Council adopted the following: 1) City Council prohibit use from City of Toronto workplaces and

recommend the same to the City’s agencies and corporations; 2) City Council requested the

General Manager of Solid Waste Management explore the environmentally sound disposal of e-

cigarettes and batteries.(13)

Hamilton Public Health Services was directed in May of 2014 by the City of Hamilton Board of

Health to work with the City of Hamilton City Solicitor for the purpose of identifying what

municipal authority exists in the area. Legal Services’ initial verbal opinion is that the “general

authority” as set forth within the Municipal Act would allow local governments to regulate these

products in specific ways. There is also precedence in this area regarding other types of

activities and regulation. The Chair of the City of Hamilton Board has sent letters to the

Ministers of Health and Long-Term Care as well as Municipal Affairs and Housing requesting a

meeting/consultation between Ministry staff and Hamilton Public Health Services and Legal

Services staff. The goal is to gauge the provincial government’s agreement and support for the

City of Hamilton introducing certain municipal regulation concerning these products. (K.

McDonald, personal communication, July 16, 2014)

Middlesex-London Health Unit (MLHU) created a position statement in September 2013 that

looks at e-cigarettes through both the protection lens as well as a cessation lens. The position


statement commits to a regular review of the evidence and they will be doing another review this

fall. MLHU has helped workplaces adopt policies that have included e-cigarettes in their

‘smoking bans’. (9)

ADDITIONAL POLICY INFORMATION

In February 2014, the European Parliament voted for tighter restrictions on the e-cigarettes

containing nicotine. These include banning advertising for e-cigarettes, warnings about the

addictiveness of nicotine and nicotine-containing products, and establishing standards for the

amount of nicotine in e-liquids.

Nova Scotia has proposed to revise its’ Smoke Free Places Act and to restrict the use of e-

cigarettes in public places, in line with regulations in place around public tobacco smoking.

Information regarding e-cigarette regulation was presented at the sixth session of the

Conference of the Parties to the WHO Framework Convention for Tobacco Control (FCTC)

which was held in Moscow, Russia, October 13-18, 2014. The regulatory options posed for

consideration by parties are consistent with the recommendations previously described in this

backgrounder (see ‘Impact on Tobacco Control Efforts’ section and recommendations from the

Toronto Public Health e-cigarette report, above).

SMDHU LEGAL OPINION

In October 2014, SMDHU sought a legal opinion regarding the authority for municipalities to

pass by-laws related to the use of e-cigarettes indoors or outdoors. The following is the opinion

provided by HGR Graham Partners LLP:

The Municipal Act provides municipalities with the authority to enact by-laws to

specifically prohibit and regulate the smoking of tobacco in public places. Without

revisions by the provincial legislature, these sections of the Municipal Act cannot be

interpreted to provide municipalities with the authority to prohibit or regulate the use of

electronic cigarettes that don’t use tobacco. Instead, municipalities will have to rely on

their broad areas of authority, specifically the authority to pass a by-law for the health,

safety, and wellbeing or to prohibit or regulate public nuisances.

RECOMMENDATIONS FROM THE CDP-TOBACCO PROGRAM

Based on the information and evidence presented in this report, it is recommended that the

Board of Health of the Simcoe Muskoka District Health Unit support the following position

regarding the regulation of the use of electronic cigarettes:

Electronic cigarettes should be prohibited anywhere smoking is currently prohibited, whether provincially or municipally mandated, including public places and workplaces.


REFERENCES

1. Boak, A., Hamilton, H.A., Adlaf, E.M., & Mann, R.E. (2013). Drug use among Ontario

students, 1977-2013: Detailed OSDUHS findings (CAMH Research Document Series

No. 36). Toronto, ON: Centre for Addiction and Mental Health.

2. Chatham-Stephens K, Law R, Taylor E, Melstrom P, Bunnell R, Wang B, Apelberg B,

Schier JG; Centers for Disease Control and Prevention. Notes from the field: Calls to

poison centers for exposures to electronic cigarettes – United States, September 2010 –

February 2014. Morbidity and Mortality Weekly Report 2014 April 4;63(13):292-293.

3. Czoli, C. D., Hammond, D., & White, C. M. (2014). Electronic cigarettes in Canada:

Prevalence of use and perceptions among youth and young adults. Canadian journal of

public health = Revue canadienne de sante publique, 105(2), e97.

4. de Andrade M, Hastings G. Tobacco Harm Reduction and Nicotine Containing Products:

Research Priorities and Policy Directions. Stirling, Scotland: ISM Institute of Social

Marketing, University of Stirling, May 2013.

5. Government of Canada. (2009). Archived – Health Canada Advises Canadians Not to

Use Electronic Cigarettes. http://www.healthycanadians.gc.ca/recall-alert-rappel-avis/hc-

sc/2009/13373a-eng.php

6. Grana R, Benowitz N, Glantz SA. E-cigarettes: a scientific review. Circulation 2014 May

13;129(19):1972-1986.

7. German Cancer Research Center (DKFZ). Electronic Cigarettes: An Overview -

Supplement. Red Series. Tobacco Prevention and Tobacco Control Volume 19.

Heidelberg, Germany: March 2014.

8. Heart and Stroke Foundation: E-Cigarettes in Canada.

9. Middlesex London Health Unit. Electronic Cigarettes (E-Cigarettes) Assessment of

Evidence and Implications for Middlesex-London Health Unit Recommendations.

September 2013. Retreived from the web: November 10, 2014

https://www.healthunit.com/e-cigarettes

10. Non-Smokers’ Rights Association. E-cigarettes: Understanding the Potential Risks &

Benefits. Ottawa: NSRA, October 2013.

http://www.healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2009/13373a-eng.php

http://www.healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2009/13373a-eng.php

https://www.healthunit.com/e-cigarettes


11. Reed JL, Gervais AA, Reid RD. Five things to know about…electronic cigarettes. CMAJ

2013 Sep 23 [Epub ahead of print].

12. Staff of Senator Richard J. Durbin et. al. (2014). Gateway to Addiction?: A Survey of

Popular Electronic Cigarette Manufacturers and Targeted Marketing to Youth.

http://tobacco.ucsf.edu/sites/tobacco.ucsf.edu/files/u9/Gateway%20to%20Addiction.pdf

13. Toronto City Council Minutes (August 25, 2014). HL33.1 retrieved from:

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2014.HL33.1

14. US Department of Health and Human Services. The Health Consequences of Smoking:

50 Years of Progress: A Report of the Surgeon General. Atlanta, GA: Centres for

Disease Control and Prevention, National Centre on Chronic Disease Prevention and

Health Promotion, Office on Smoking and Health; 2014.

15. WHO Framework Convention on Tobacco Control. Electronic nicotine delivery systems.

Geneva, SZ: World Health Organization, July 21, 2014.

http://tobacco.ucsf.edu/sites/tobacco.ucsf.edu/files/u9/Gateway%20to%20Addiction.pdf

Economic Development Corporationof North Simcoe (EDCNS)

EDO Report (1)Board of DirectorsSeptember 11, 2014

Sharon Végh, EDO – September 11, 2014

EDCNS

Economic Development Corporation of North Simcoe

Société de développement économique de Simcoe Nord

EDCNSSP REF DESCRIPTION Aug‐14 Sep‐14 Oct‐14 Nov‐14 Dec‐14 Jan‐15

ELCED 4

Start‐up Business Plan 2014 (Q4‐2014) Key Performance Indicators Funding and resouces Communication Plan

N/A ReportCouncils: Agenda and Business Plan (Q4‐2014)

ELCED 4Annual Achievements Report (6 month) Followed immediately with 2015 Bus. Plan

N/A Business Plan 2015

N/A Initiate Short Term Actions for BP‐2015

ELCED 5 Quarterly Progress ‐ 4 Councils (Feb 2014)

ELCED 8 Assist Investors and Businesses

ELCED 8 Create Development Teams

BDAP 9 Update BR&E Survey ‐ Sector Level

BDAP 9 Complete BR&E manufacturing

BDAP 9 Complete BR&E agribusiness/agriculture

BDAP 10 Support Review Official Plans and Zoning Bylaws

BDAP 11 Inventory Serviced and Unserviced Lands

BDAP 12 Strengthen Intra‐Community Partnerships

BDAP 14 Host Annual Leadership Roundtable (Q1‐2015)

BDAP 15 Promote/Support Downtown Revitalization

N/A Municipal Elections (October 27, 2014)

BDAP 16 Engage in Discussion of CIP

N/A Technology/Database Needs Assessment

N/APartner/Stakeholder/BusinessEngagement Mapping & Communications

Economic Development Corporation of North Simcoe

Société de développement économique de Simcoe Nord

EDCNS

90 Day Action Plan

• Support Board & Develop Business Action Plan Q4-2014 & 2015

• Project Charter• Statement of Work• Milestones• KPIs & Metrics• Conference Plan

Needs assessment :• Midland• Penetanguishene• Tay• Tiny• Industry• Associations

• Stakeholder analysis

• Opportunity analysis

• Riskmanagement plan by sector

• Brand EDCNS • Long list of industry prospects

analyzed for short- and long-term opportunity

• Engage industry (meet >120)• List of 30 motivated & interested

prospects • Confirm 5 projects (ICI)

• Verbal funding agreements• Obtain funding agreement by 31

March.• Plus 2 funding agreements in

pipeline for 2015/2016• Deliver sector focus groups (4)• Leadership conference Q1-2015

BoardFOC

US Leadership Corporate Development

People PromoteProcure $Partners Prospect

Act

ion

Item

sD

eliv

erab

les

Review Vision Mission Goals & Strategic Plan

Introduced to Councils &

establish “open door”

Review current & potential partners

& agreements

Review current engagements and

opportunities

Tri-Council Funders

Introduced to Education,

Associations

Meet current partners to gain

perspective

Meet prospects to gain industry perspective

Provincial

Prepare elevator pitch for industry

Shortlist potential partners by sector

Discuss current needs & future opportunities

Other Provincial, Regional,

National . . .

Refine Vision Mission Goals

Establish communication & prioritized action

plan

ConferenceQ1-2015 Develop prospect

event list

Develop escalation

procedures & processes

Industry(by sector focus

groups)

Promote partner vision

Economic Development Officer (EDO) Update Report 1 August 18, 2014 to October 9, 2014

SECTOR FOCUSDeveloping showcase sector success stories from each municipality and each pillarObjective to Create Our Story

Agriculture International Plowing Match EDCNS signage Agribusiness opportunity inventory Success storiesLife Sciences Research Huronia’s health care, hospital, and institutional

opportunities Health care / medical device business inventory Success storiesManufacturing Research Huronia’s manufacturing Manufacturing exporters inventory Meet export businesses for sector success storiesTourism Two TAP Committee meetings RTO 7 Strategy Session Senior Games 2015, 2016 Martyrs’ Shrine celebrating Pope John Paul II visit Success stories

BUSINESS DEVELOPMENT International InvestmentObjective to Create EDCNS Awareness

Attend Board Meetings and events with International Business Chambers of Commerce: Britain, Denmark, Finland, Norway and market EDCNS

BUSINESS DEVELOPMENT Investment OpportunitiesObjective to Grow workforce

Industrial, Commercial, and Institutional (ICI) inventory A business investment opportunity is ongoing

BUSINESS PLANNING Review and itemize strategy documents Research for statistical indicators and economic trend reports,

sources include: Canadian Trade Commissioner service, IEDC, OEDC, OMAFRA Analyst, Rural Ontario Institute, University subscription databases…

Write 2014‐Q4 EDCNS DRAFT Business Plan (2014/10/23) SWOT (Strengths and Opportunities)

Write 2015 EDCNS DRAFT Business Plan (2015‐Q1)

COMMUNICATIONS & MARKETING Update website with EDCNS logo EDCNS web site committee

André Claire , Kevin Cowie, Marisa De Zotti Corporate LinkedIn site Media: Radio Barrie & inventory list Council Meetings: County of Simcoe, Town of Midland, Town of

Penetanguishene, Township of Tay, Township of Tiny Midland Bay Landing Waterfront Celebration

CORPORATE ADMINISTRATION Two EDCNS Board of Director Meetings Liability Insurance: Directors & Officers and Errors & Omissions Minute Book

Economic Development Officer (EDO) Update Report 2 October 10, 2014 to December 31, 2014

SECTOR FOCUS

Showcase sector success from each municipality and each pillarObjective to Promote Our Story

Agriculture Ambassador – Pierre Paul Maurice Rogers TV Showcase Business: Bulbs of Fire, Tiny Township

Health Care / Life Sciences Ambassador – Roy Ellis Rogers TV Showcase: Georgian Bay General Hospital, North

Simcoe

Advanced Manufacturing

Ambassador – Clare Boudreau Rogers TV Showcase Businesses: Industrial Filter

Manufacturing, Town of Penetanguishene & Forte EPS Solutions, Town of Midland

Tourism

Ambassador – Mayor Scott Warnock Rogers TV Showcase Business: SS Keewatin, Tay Township Consolidated response to Committee on TAP Business Plan

FUNDING APPLICATIONS – Agriculture, Manufacturing, Arts

CORPORATE ADMINISTRATION Five EDCNS Board of Directors Meetings Financials transferred, corporate registration, insurance,

policies

BUSINESS DEVELOPMENT

International InvestmentObjective to Create EDCNS Awareness

Attend Board Meetings and events with International Business Chambers of Commerce: Britain, Denmark, Finland, Norway and market EDCNS

Investment OpportunitiesObjective to Grow workforce & investment

Industrial, Commercial, and Institutional (ICI) inventory (Simcoe County lead)

A business investment opportunity is ongoing

Sales pipeline and process

COMMUNICATIONS & MARKETING

EDCNS web site committee: Mayor George Cornell, Kevin Cowie, Marisa De Zotti. Marketing Chair: Kevin Cowie

Borèal Collége Partnership (Francophone and Aboriginal) EDCNS remarks at event Feb. 25/26, 2015

EDCNS Business Summit (tentative keynotes Don Tapscott & Idris Mootee), June 2015

Corporate LinkedIn site, Media: Rogers TV, Radio Barrie

Suspects 55

Prospects 9

Potential 3

Qualifying1

INVESTMENT

Party on the DockRotary Club of Midland

P.O. Box 93 Midland ON L4R 4K6

705 527-8413

[email protected]

Andrea Fay Town of Midland December 12, 2014 575 Dominion Avenue Midland, Ontario L4R 1R2 Dear Andrea: Re: Party on the Dock, Music Concert The Rotary Club of Midland is seeking permission from the Town of Midland to conduct the 10th annual “Party on the Dock” event. Last year the event raised in excess of $74,000 and all proceeds were donated to the Georgian Bay General Hospital for the new trauma unit as well as Community Living Huronia. We will again most likely be changing up the music slightly for this year’s event. As we approach this coming year’s event we will determine the local charities who will share in its proceeds. Logistics will be similar as last year and we will need to cordon off and fence a portion of the Harbour parking area for the event starting the previous afternoon and the day of the event. The Rotary Club of Midland will be operating the bar and will partner with Harvey’s/Swiss Chalet to present food services. Accordingly we request permission to stage an outdoor musical concert on Friday, June 19th, 2015 at the Midland Town Dock that will include the sale of alcohol. Event hours will run from approximately 6pm until 1:00am. All of the usual health and safety aspects will be addressed and we will be contracting security through a commercial security services firm, the Midland Police Services and the OPP, and we will provide a certificate of Insurance from Rotary’s Insurance coverage to indemnify the Corporation of the Town of Midland. We request that this event be considered and approved by Council. Similar information letters will be sent to Fire Chief Kevin Foster at the Midland Fire Department, Bev Steele at the Community Emergency Response Team, Dave Parent at the Simcoe Muskoka District Health Unit and Midland Police Chief Mike Osborne. We thank you for your consideration and look forward to a positive response. Yours very truly, Ralph Befort, Event Chair Past President Rotary Club of Midland Ralph Befort 1400 sandy Bay Road Penetang Ont. L9M 1Y9 Tel: 705 549-3119 Fax: 705 549-9911 Cell: 705 527-8413 email: [email protected] c.c: Bryan Peter – Director of Parks & Recreation

Non-departmentalAssets 599,864.56 Liabilities/Equity 783,633.26 1,383,497.82

General AdministrationTaxation - General Revenue 379.50 Council 20,127.87 Administration 83,619.23 Corporate Health and Safety 110.51 Community Health & Safety Program - By-Law 2,126.74 Animal Control 13,950.65 Huronia Airport - Huronia Museum - Chamber of Commerce - 120,314.50

Parking 811.27

Planning & DevelopmentBuilding Department 14,166.44 Midland Bay Landing 9,494.06 Planning 11,717.14 Committee of Adjustment 305.43 Heritage Committee 985.80

- 36,668.87

Fire Service 89,841.25

Parks and RecreationHarbour 1,623.27 Parks 22,695.58 NSSRC 54,843.32 Recreation 62,996.51 Tourism 2,172.22 144,330.90

Public WorksWorks Depot 37,693.21 Roads 60,835.90 Equipment/Vehicle Maintenance 14,841.22 Sidewalks & Curbs 2,334.96 Transit 31,007.19 Street Lighting 205,658.30 Engineering 4,940.70 Storm Sewers 14,501.34 371,812.82

Water 63,468.13

Wastewater Treatment 141,190.85

Subtotal - Town 2,351,936.41 County

Waste Management - Regular Levy -

- TOTAL TO BE CONFIRMED BY COUNCIL* 2,351,936.41

TOWN OF MIDLANDCONFIRMATION OF ACCOUNTS

JANUARY 2015

School Board Payments

Ontario & Nunavut Division

250 Dundas Street West Suite 500 Toronto, Ontario M5T 2Z5 Telephone: 416-922-6065 Toll Free: 1-866-922-6065 mssociety.ca

January 21, 2015 Attention: Mayor Gord McKay and Members of Council Re: 2015 Mandarin MS Walk – Midland Please accept this letter as our request to host the 2015 Mandarin MS Walk, Midland on May 3, 2015. This is an annual Fundraiser in our attempt to END MS. Our start/finish location again this year is The North Simcoe Sports and Recreation Centre. We will be hosting approximately 160 participants through the hours of 8:00am to 1:30pm. We will have a 5km route starting at the recreation centre, going along Ellen Street to King Street to Yonge and around the Rotary Waterfront Trail to King St. to the Recreation Centre. Map is Attached. We would also request that the washrooms located at Town Dock and Dobbie’s Park Store be open for participants that we can use as a check-point. We appreciate the Town’s Support in this Fundraising Event. Should you have any questions please feel free to contact me directly either by phone or e-mail. All information is below. Regards, Tammy Ritchie Walk Coordinator Multiple Sclerosis Society of Canada, Ontario Division 800-268-7582 x 3126 | [email protected]

mailto:[email protected]

2015 Midland Mandarin MS Walk

Checkpoint #2

Town Dock

Kin

g S

t.

Kin

g S

t.

Yonge St.

Ellen St

Start/Finish Location North Simcoe Rec. Center

527 Len Self Blvd.

5 km

FOLLOW THE PINK SIGNS!

Checkpoint #1

Waterfront Trail Gazebo

Tips of the Trail

•Make sure to follow the signs along the

route.

•Use your map as a reference if in

doubt.

•For safety please stay on the route and

follow the instructions of the Route

Marshals.

•In case of an accident or extreme

fatigue, remain on the spot. A Marshal

or Weary Walker van will assist you.

•Please do not block the sidewalk or

path by walking more than two-a-breast.

•Please do not litter.

•If you have a pet, please pick up after

them

•Have fun and enjoy your day!

The MS Society of Canada cannot be

held responsible for Walkers who

begin the route before the official

start time of 9:30am

January 28,2015

Attention Midland Council,

For your consideration; I am requesting use of the Harbourside Park and the Rotary waterfront trail on

the Sunday June 14 for the purpose of hosting a fun run and walk. This is not to be confused with the Civic

Holiday Midland Waterfront ( that will still go as well and will submit separately)

I am working with the committee of the Butter Tart Festival . The purpose of the Butter Tart Trot is to

encourage a healthy lifestyle and participation in walking or running. Walking and running are activities

which have little cost, and which are accessible to anyone able. A bi-production of this event is the

drawing of tourists and locals to the beautiful downtown Midland, while highlighting Midland’s superb

waterfront walking trail. This event is a fundraiser for the local hospital.

The event is designed for youth, beginners and intermediates. The adults would participate in a 5 km

route, taking place on the trail only; therefore, would not involve any road closures or disruption to

traffic.

Course set up would occur early in the morning (6:00am) on Sunday June 14, 2015 and tear down would

be complete by noon. This would require a small amount of fencing at the Start/Finish using existing

poles and structures. No disruption to regular trail use would occur.

The field on the water side of the Rotary trail at the Harbourside Park sign would be the Start/Finish, as

well as the food and spectator area.

The race would be sanctioned and insured by the Ontario Road Runners Association, naming the town

on the insurance.

Thank you for your consideration on this matter. I am the race director of the Midland Waterfront Race

to be held in August and will be submitting permission at a later date.

Regards,

Irene Parker

WyeFitness

705.529.4004 [email protected]

Town of Midland� 575 Dominion Avenue� Midland, Ontario L4R 1R2� January22,2015DearMayorMcKayandMembersofCouncil:IamwritingtorequestconsiderationbyyourCouncilofaletterofsupportfortheLakehead‐GeorgianUniversityPlan.(Today’seditionofthePacket & TimescarriesanadbrieflydescribingthePlanonpageA4.)ThejointUniversityPlanhasbeensubmittedtotheMinistryofTraining,CollegesandUniversities(MTCU),describinghowthetwoinstitutionswillpartnertomeettheacademicpostsecondarydemandsofthegrowingpopulationinBarrie,Ontario’sfastestgrowingcity,andthesurroundingarea.TheProvinceofOntariohaspromisedtoprovidefundingtoimproveacademicopportunitiesinthreeOntariolocations,oneofwhichwilllikelybeBarrie.Sudbury’sLaurentianUniversityisalsocompetingfortheBarriefunding,promisingastand‐alonecampusforthecityiftheirproposalisaccepted.ThisproposalhasbeenendorsedbyBarrieMayorJeffLehman,andaletterofsupportsignedbyanumberofBarriebusinesspeoplehasapparentlyalsobeenforwardedtotheMinistry.Theproblem?ShouldLaurentian’sproposalbeaccepted,anewuniversitycampusinBarriewilllikelyhaveasignificantimpactonLakehead’sOrilliacampusandpossiblyalsoonfutureexpansionplansforGeorgianCollege.Atthistime,Lakehead’sOrilliaoperationsrepresentaninvestmentofover$100million,alargeportioninvestedbytheUniversityitself,butotherportionsinvestedbytheCityofOrillia,theCountyofSimcoe,theFederalgovernment,andevenbyavarietyoflocalcitizens.TheinvestmentsinGeorgian’smultiplecampusesovertheyearslikelytotalmuch,muchmore.ALaurentiancampusinBarriewouldjeopardizetheseinvestmentsbycuttingoffsomeoftheexpectedgrowthtobothGeorgianandLakehead(Orillia).ManyofusinthisareaofSimcoeCountyhavebeenwitnesstotheimpactofLakeheadUniversity’sexpansiontothisarea.Manyofourresidentsandtheirchildrenhavebenefittedfromhavingauniversitycampusinourmidst.Fromallaccounts,Lakeheadhasbeendoingafirst‐ratejobinourarea,studentsattendingtheschoolexpressingahighlevelofsatisfactionwiththeschoolingtheyhavereceivedthere.Lastyear’sGeorgian‐Lakeheadpartnershipholdsthepromiseofgreateracademicopportunitiesforouryoungpeople—promisegivenshapeanddetailinthejointUniversityPlantheyhavesubmittedtotheMinistry.

TheMTCUdecisionwillbemadeonthemeritsofthetwoplanssubmittedbyGeorgian‐LakeheadandLaurentian.However,giventhatpoliticiansinBarriehaveendorsedtheLaurentianplan,IbelieveitisappropriateforthoseoutsideofBarrietoexpresstheirpreferences,aswell.Giventheservicethetwoinstitutionshavegiventoourcitizens,andgiventhesignificantinvestmentsthathavebeenmadeinbothGeorgianandLakeheadbythepeopleofthisarea,doesnottheGeorgian‐Lakeheadsubmissiondeserveyoursupport?ItismyhopethatyourCouncilwillsay“yes,”andthataletterstatingyoursupportwillbesenttoMinisterMoridiandthegovernmentofOntario.Thankyouforconsiderationofthisrequest.Sincerely,FredLarsen,Oro‐Medonteresident(705‐487‐0184)P.S.ItismyunderstandingthatGerryMarshall,Warden,CountyofSimcoe,hassentaletterofsupportfortheGeorgian‐Lakeheadsubmission,ashasSteveClarke,MayorofOrillia.P.P.S.Thisrequestisbeingsentto: TayTownship TinyTownship Oro‐MedonteTownship RamaraTownship SevernTownship SpringwaterTownship TownofMidland TownofPenetanguishene

GENERAL COMMITTEE REPORT 2015-2

Report of the General Committee of Council Meeting held Monday, February 9, 2015, at 7:03 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor M. Ross, Councillors J. Main,


Regrets: Councillor P. File Also Present: C. Tripp, Chief Administrative Officer M. Villeneuve, Director of Finance/Treasurer J. Galloway, Town Engineer A. Fay, Director of Corporate Services/Clerk/Deputy CAO

S. Berriault, Director of Public Works B. Peter, Director of Parks and Recreation K. Desroches, Deputy Clerk/Senior Executive Assistant DECLARATIONS OF PECUNIARY INTEREST No declarations were made. SECTION A – COMMUNITY SERVICES MATTERS (Referred to the Chair, Deputy Mayor M. Ross) 1. PR-2015-10 Emerald Ash Borer

Your Committee reviewed a report dated January 29, 2015, from B. Peter, Director of Parks and Recreation, highlighting the strategies being implemented as part of the Emerald Ash Borer Program to manage the spread of the invasive species. Following a review of the report, your Committee recommended: That staff be directed to continue to implement the appropriate strategies as outlined in Report PR-2015-10 dated January 29, 2015, regarding the Emerald Ash Borer Program.

2. PR-2015-11 Parks Turf Maintenance Program

Your Committee reviewed a report dated January 28, 2015, from B. Peter, Director of Parks and Recreation.

General Committee - 2 - February 9, 2015 Report 2015-1

Following a review of the report, your Committee recommended: That, as recommended in Report PR-2015-11 dated January 28, 2015, Council approve the call for tenders for the 2015 Parks Turf Maintenance Program.

3. PR-2015-12 2015 Candlelight Tribute Ceremonies

Your Committee reviewed a report dated February 2, 2015, from B. Peter, Director of Parks and Recreation. Following a review of the report, your Committee recommended: That, as recommended in Report PR-2015-12 dated February 2, 2015, Council approve the closure of King Street from Hannah Street to Colborne Street on Wednesday, May 13, 2015, from 6:00 pm to 8:30 pm to accommodate the Candlelight Tribute Ceremonies.

4. PR 2015-13 Information Report Your Committee received as information a report dated February 3, 2015, from

B. Peter, Director of Parks and Recreation, providing an update on programs, events, committees, and departmental operations.

5. PR-2015-14 Seasonal Plus Rink Controller Tender

Your Committee reviewed a report dated February 3, 2015, from B. Peter, Director of Parks and Recreation. Following a review of the report, your Committee recommended: That, further to Report PR-2015-14 dated February 3, 2015, Council approve the tender from CIMCO Refrigeration in the amount of $62,300, plus HST for the two seasonal controllers at the North Simcoe Sports and Recreation Centre.

6. PR-2015-15 Tourism and Special Events Report

Your Committee received as information a report dated February 3, 2015, from N. Hutton, Tourism and Special Events Manager, providing information regarding tourism and special events initiatives.


SECTION B – PUBLIC WORKS MATTERS (Referred to the Vice-Chair, Councillor J. Main) 1. PW-2015-02 Monthly Report on Waterworks January 2015

Your Committee received as information a report dated February 4, 2015, from J. Beauchamp, Compliance Officer, which included details on current water quality, distribution maintenance, training, the Drinking Water Quality Management Standard, sustainability plan goals, and sample results for the month of January 2015.

2. PW-2015-03 Pending Tenders Supply and Delivery of Fuel

Council received as information a report dated February 4, 2015, from S. Berriault, Director of Public Works, providing information regarding pending tenders.

3. ENG-2015-02 Traffic Concern - Ontario Street and Sixth Street

Your Committee reviewed a report dated February 4, 2015, from J. Galloway, Town Engineer. Following a review of the report, your Committee recommended: That, as recommended in Report ENG-2015-02 dated February 4, 2015, Staff be directed to send a letter to Adco Tire, the Town Public Works Department and Midland Police Service from the Town Engineering Department indicating that a concern regarding traffic on Ontario Street has been raised and requesting adherence to the signage and speed limitations already in place; and further that Town vehicles use Sixth Street to/from Vindin Street as a main access to the Works Depot.

4. ENG-2015-3 Pedestrian Crossing Traffic Concern - Borsa Lane and Easy Street

Your Committee reviewed a report dated February 4, 2015, from J. Galloway, Town Engineer. Following a review of the report, your Committee recommended: That, as recommended in Report ENG-2015-3 dated February 4, 2015, Staff be directed to put a ‘Watch for Traffic’ sign on the southeast corner of the Borsa Lane and Easy Street corner.


5. ENG-2015-04 Traffic Concern - King Street Pedestrians Crossing - Near Re/Max and Lot 012 and Tim Hortons

Your Committee reviewed a report dated February 4, 2015, from J. Galloway, Town Engineer, recommending that staff be directed to approach the Simcoe Muskoka Catholic District School Board to encourage St. Theresa’s School to embark upon an education campaign instructing students as to where to safely walk to get to 830 King Street (Tim Hortons).

Your Committee engaged in discussion regarding whether the proposed action was sufficient to alleviate the ongoing safety concerns. Following discussion, your Committee recommended: That, further to Report ENG-2015-04 dated February 4, 2015, staff be directed to investigate further options and to contact the school board to obtain input on additional measures that could be implemented, with a report to be brought back to a future meeting.

SECTION C – ADMINISTRATIVE MATTERS (Referred to the Chair, Councillor J. Contin) 1. ML-2015-2 Municipal Law Enforcement Officer’s Investigative Report – January 2015

Your Committee reviewed a report dated February 4, 2015, from J. Reichheld, Municipal Law Enforcement Officer, providing details with respect to the above and looking for direction on how to disperse the December 2014 meter revenue in the amount of $3,104.20. Deputy Mayor Ross invited members of Council to present the names of local charitable organizations for consideration as potential recipients of the funds. The Deputy Mayor then called for a show of hands as each organization was named to determine the successful recipient. Upon conclusion of the vote, your Committee recommended: That, further to Report ML-2015-2 dated February 4, 2015, the funds collected in the downtown parking meters during the month of December totalling $3,104.20 be donated to the Boys and Girls Club. A presentation will be made to the Boys and Girls Club at an upcoming Council meeting.

2. CL-2015-11 One-Third Tax Free Expense Allowance

Your Committee reviewed a report dated February 2, 2015, from A. Fay, Director of Corporate Services/Clerk/Deputy CAO.


Following a review of the report, your Committee recommended: That, as recommended in Report CL-2015-11 dated February 2, 2015, the Council of the Town of Midland herein support the continuation of the one-third tax free expense allowance as provided through By-law 2002-84.

3. TR-2015-1 2014 Year End Report on Tax Arrears

Your Committee received as information a report dated January 29, 2015, from P. Wayne, Manager of Revenue and Taxation, providing details regarding outstanding taxes for 2014 and collection efforts to be undertaken.

4. CAO-2015-1 Management Study Opportunities

Your Committee received as information a report dated February 4, 2015, from K. Desroches, Deputy Clerk, providing an update on the status of the individual Management Study Opportunities.

5. Southern Georgian Bay Active Transportation Advocates (SGBATA) Your Committee reviewed an email dated January 2, 2015, from Mr. J. Hauser, Chair, Southern Georgian Bay AT Advocates, providing information regarding a project being implemented in support of cycling in our region. Following a review of the correspondence, your Committee recommended: That, further to an email dated January 2, 2015, from Mr. J. Hauser, Chair, Southern Georgian Bay AT Advocates, Council confirms its support of the purchase of a medium advertisement at a cost of $475 to assist the organization in its efforts to promote active and healthy lifestyle choices in our region.

6. Whispering Pines Area – Soapbox Races

Your Committee reviewed a letter dated January 12, 2015, from Mr. A. Seaborn, 4th Midland Scouting, Group Committee. Following a review of the correspondence, your Committee recommended: That the letter of request dated January 12, 2015, from the Midland Scouting Group Committee requesting Council’s permission to close Hugel Avenue, between Third Street and Sixth Street, on Saturday, May 23, 2015, from 8:00 a.m. to 2:00 p.m., to conduct their annual Soap Box Derby be supported; And further that staff be directed to process the request in accordance with the Town’s Special Events Policy.


7. Music Concert Program

Your Committee reviewed a letter dated January 14, 2015, Mr. M. Proulx, Event Chair, and Mr. J. MacMillan, Co-Chair, Rotary Club of Midland. Following a review of the correspondence, your Committee recommended: That the letter of request dated January 14, 2015, from the Rotary Club of Midland, requesting permission to conduct Sunday night music concerts from June 15 to August 30, 2015, and September, weather permitting, at Little Lake Park be supported; And further that staff be directed to process the request in accordance with the Town’s Special Events Policy.

8. Penetanguishene Transit Service

Your Committee reviewed a letter dated February 4, 2015, from Mr. T. Walker, Acting CAO/Clerk, Town of Penetanguishene, requesting that the Town of Midland consider being a partner in transit for the Town of Penetanguishene. Following a review of the letter, your Committee recommended: That, further to a letter dated February 4, 2015, from T. Walker, Acting CAO/Clerk, Town of Penetanguishene, CAO Tripp, Director of Public Works S. Berriault, Treasurer M. Villeneuve, Councillor P. File and Councillor J. Main be appointed as the Town of Midland’s working group to consider the concept of being a partner in transit for the Town of Penetanguishene.

SECTION D – OTHER BUSINESS 1. Midland Public Library – Report to Council

Your Committee reviewed a report from B. Molesworth, CEO/Chief Librarian, providing an update on Library operations, activities and events for February 2015. It was noted that tickets are on sale for this year’s annual Books to Eat event being held March 29, 2015.

2. Deputy Mayor Ross advised that the Midland Cultural Centre will be featuring, “A

Day in the Life of Paul Beeston” on March 10, 2015.


Moved by G. Canning Seconded by G. MacDonald THAT this General Committee Meeting adjourn at 8:10 p.m. CARRIED. A. Fay, Director of Corporate Services/Clerk/Deputy CAO

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Council 1 Town Engineer Position February 23, 2015 Report CAO-2015-03

STAFF REPORT

DEPARTMENT: Administration

CHAIR: Councilor J. Contin DATE: February 19, 2015 REPORT NO.: CAO-2015-03 TOWN ENGINEER POSITION

RECOMMENDATION:

THAT a by-law to appoint a full time Town Engineer be brought forward for consideration of Council later in the meeting. BACKGROUND: In September 2013 Council authorized the hiring of a Town Engineer based on a two year contract trial period. ANALYSIS: Further to the Special Closed session of Council on February 12, 2015 there is an identified need to maintain this role to oversee current and future development and capital projects, administer and lead the Energy Management plan, and ensure professional oversight of standards and processes. FINANCIAL IMPACT: The cost of the wages for this position is included in the 2015 drafted budget. CONCLUSION: The trial period for this role has been successful and there is an identifiable need to continue to maintain this position in the future organizational structure for the Town. Prepared by: Carolyn Tripp, Chief Administrative Officer

Council 1 Committee Appointments February 23, 2015 Report CL-2015-13

STAFF REPORT

DEPARTMENT/FUNCTION: Administration CHAIR: Councillor J. Contin DATE: February 19, 2015 REPORT NO.: CL-2015-13 Appointment to Midland Library Board RECOMMENDATION: That Council herein confirms the appointment of Maureen Pearce to the Midland Public Library Board as the Township of Tiny’s Representative for a term to expire November 30, 2018. BACKGROUND: Under Section 10. (1) (ii) of the Libraries Act, R.S.O. 1990, “a person may be appointed as a member of a library board who is a resident of a municipality that has a contract with the board under Section 29”. As such a contract does exist between the Town of Midland and the Township of Tiny, the Township is entitled to extend an invitation to their citizens to submit applications for a position on the Midland Public Library Board. Tiny Council then reviews the applications and, by way of a motion, recommends the appointment of an individual. The term of the appointment is consistent with the current Council term. ANALYSIS: We are in receipt of a letter from the Township of Tiny dated January 27, 2015, confirming the appointment of Maureen Pearce to the Midland Public Library Board as the Township of Tiny’s representative. A copy of the letter is attached. Prepared by: Karen Desroches, Deputy Clerk/Senior Executive Assistant Reviewed by: Andrea Fay, Director of Corporate Services/Clerk/Deputy CAO Approved by: Carolyn Tripp, Chief Administrative Officer

Council 1 Supply and Delivery of Fuel February 23, 2015 Tender Results Report PWC 2015-01

STAFF REPORT

DEPARTMENT/FUNCTION: Public Works/Maintenance Operations CHAIR: Councillor P. File DATE: February 18, 2015 REPORT NO: PWC 2015-01

Supply and Delivery of Fuel Tender Results RECOMMENDATION: That the tender bid from Mayes-Martin Ltd. to supply and deliver various grades of fuel to the Public Works Depot tanks and to the Water and Wastewater operations back-up generator fuel tanks for the period March 1, 2015 to September 30, 2016 with an option to renew on a month to month basis for up to one year, in the amount of $432,205.98, exclusive of H.S.T., be accepted. BACKGROUND: Tenders for the supply and delivery of various types of fuel to supply the Public Works, Police Services, Parks and Water/Wastewater operations were advertised in the February 5, 2015 ‘Town of Midland’ pages in the Mirror newspaper as well as on the Town of Midland website and on Biddingo. Tenders were opened by Mayor Gord McKay on Wednesday, February 11, 2015 at 12:00 noon in the presence of Pat LeClair and myself. The tenders for the supply and delivery of various types of fuel for the period March 1, 2015 to September 30, 2016, with an option to renew on a month to month basis for up to one year, to the Public Works Depot tanks and the Water and Wastewater operations back-up generator fuel tanks, in ascending order, are as follows:

Fuel Supplier Tender Price (based on 1 year supply)

Tender Price (based on contract term)

Mayes-Martin Ltd. (Sunoco Agent) Bowman Fuels (Petro-Canada) Local Authority Services (LAS) The Sarjeant Co. Ltd.

$272,972.20

$274,093.00

$281,383.00

$284,233.00

$432,205.98

$433,980.58

$445,523.08

$450,035.58


Tender documents were obtained by 4 other fuel suppliers but no bids were received. We have reviewed the low quotation with respect to pricing and the Contractors ability to supply fuel as per the terms of the contract and we find everything to be in order. Mayes-Martin Ltd. is the Town’s current fuel supplier. ANALYSIS: We have reviewed the tender bids, both with respect to their price and their compliance with our required specifications, and find them all to be in order. The quantities are based on consumption history for the vehicle fleet, which includes Public Works, Parks, Police Services and Water/Wastewater vehicles. The “rack price” is essentially the wholesale price for distributors and will vary according to the market. The tenders are, therefore, a mark-up pricing on the “Rack Price - Toronto” to cover various costs for delivery to the Town. A summary of the tender prices is attached. CONCLUSIONS: Based on our review of the tenders submitted we would recommend acceptance of the tender bid from Mayes-Martin Ltd. for the supply and delivery of various grades of fuel to the Public Works Depot tanks and to the Water and Wastewater operations back-up generator fuel tanks for the period March 1, 2015 to September 30, 2016 with an option to renew on a month to month basis for up to one year, in the amount of $432,205.98, exclusive of H.S.T., be accepted. SUSTAINABILITY: There are no sustainability plan goals applicable to this purchase. FINANCIAL IMPACT: This is an operating expense. Public Works Maintenance Operations monitors the fuel consumption and invoices each department according to their usage. Prepared by: Shawn Berriault, C. Tech., Director of Public works Reviewed by: Carolyn Tripp, Chief Administrative Officer SB/aps Attachment – Summary of Tender Prices cc: R. Dalziel, Manager of Maintenance Operations P. LeClair, Manager of Water and Wastewater Operations D. Hamelin, Parks Manager P. DeCourcey, Midland Police Services


Summary of Tender Pricing

PLANNING AND DEVELOPMENT COMMITTEE OF COUNCIL

REPORT NO. 2015-2

Report of the Planning and Development Committee meeting held at 7:00 p.m. on

Wednesday, February 4, 2015 in the Council Chambers of the Municipal Office.

Present: Chair, Councillor G. Canning Vice Chair Councillor G. MacDonald Mayor G. McKay Deputy Mayor M. Ross Councillor J. Main Councillor C. Oschefski Councillor J. Contin Councillor S. Strathearn

Also Present: Director of Planning and Building Services, W. Crown Executive Assistant, S. Edgar

Regrets: Councillor P. File

The Chair read the introductory remarks respecting safety matters and respectful communication policies.

1. CALL TO ORDER The Chair called the meeting to order at 7:00 p.m.

2. DECLARATIONS OF PECUNIARY INTEREST There were none declared.

3. DEVELOPMENT REVIEW/APPLICATIONS

A) Bill 140 Implementation – Second Units The Committee had before it for consideration Staff Report PL-2015-9 dated January 20, 2015 with respect to the Implementation of Bill 140 – Second Units. Committee had discussion regarding the Item and Staff Report.

Recommendation The Committee recommends the following:

That the Planning and Building Services Department undertake a Second Units

Implementation Study in accordance with Report No. PL-2015-09 dated January 20,

2015 leading to the required amendments to the Town’s Official Plan and Zoning By-

law in 2015. The Study shall also include a review of the Registry By-law 2010-32.

Planning and Development Committee – Report 2015-2 Page

February 4, 2015

2

B) Appeal – Source Protection Plan Implementation Zoning By-law The Committee had before it for consideration Staff Report PL-2015-10 dated January 26, 2015 with respect to an Appeal to the Source Protection Plan Implementation Zoning By-law 2014-84. The Director of Planning and Building Services advised that the Source Protection Plan for the South Georgian Bay-Lake Simcoe Source Protection Region has received approval from the Ministry of Environment and Climate Change. The Plan was approved on January 26, 2015 and will take effect on July 1, 2015. The Director noted that Staff has been speaking with Appellant who has indicated he would be willing to mediate the matter. Staff will continue to work with the Appellant and County. Committee had discussion regarding the Appeal process and Staff Report.

Recommendation The Committee recommends the following:

That Mr. Paul Peterson of HGR Graham Partners LLP be retained by the Town in

respect of the Appeal of Passing of Zoning By-law 2014-84 under Section 34(19) of the

Planning Act, and By-law 2014-83 (OPA No. 6) if appealed, respecting the Source

Protection Plan Implementation.

That the Town confirm its support of By-laws 2014-83 and 2014-84 in respect of the

implementation of the Source Protection Plan.

C) Septic System Maintenance Inspection Program

The Committee had before it for consideration Staff Report BD-2015-2 dated January 8, 2015 with respect to the Septic System Maintenance Inspection Program. review and update to the Town of Midland Official Plan and request for a Public Meeting. Committee had discussion regarding the Program and Staff Report.

Recommendation The Committee determined as follows:

That Staff Report BD-2015-02 dated January 8, 2015 be received for information.

D) PDCC Meeting – October 2015

The PDCC Meeting is scheduled for October 7, 2015. The Director of Planning and Building Services advised that there is the Ontario Professional Planners Institute (OPPI) Annual

Planning and Development Committee – Report 2015-2 Page

February 4, 2015

3

Conference that week. The OPPI has established a Continuous Professional Learning (CPL) requirement system and attending the training conference is an important opportunity to complete CPL requirements and for staff to keep their memberships in good standing. As such, the Director requested that the PDCC meeting be re-scheduled to Wednesday, October 14

th, 2015. The website and Meeting Calendar will be changed accordingly.

Recommendation The Committee determined as follows:

That the October meeting of the Planning and Development Committee of Council be re-scheduled to Wednesday, October 14, 2015 and that the Town’s website and Committee Meeting Calendar be changed accordingly.

4. FOR INFORMATION

A) 2014 Year End Building Report – Noted and Filed

5. OTHER BUSINESS

A) Committee requested an update on the Sadie Moranis building at 422 King Street

and Marina Park development. The Director provided an update on both items.

6. ADJOURNMENT On a Motion by Councillor MacDonald the meeting was adjourned at 8:35 p.m.

__________________________ Wesley R. Crown, BES, MCIP, RPP Director of Planning and Building Services A/Clerk

______________________________________________________________________________ Council 1 Report to Council on 2014 Activities February 23, 2015 Report # PL-2015-13

STAFF REPORT

FUNCTION: Heritage Committee CHAIR: Sue McKenzie DATE: February 18, 2015 REPORT NO.: PL-2015-13 – Report to Council on Heritage

Committee Activities for 2014 RECOMMENDATION: That the Annual report be received by Council for information. BACKGROUND: Under By-law 2009-3, which is the By-law to establish a Municipal Heritage Committee, Section 5 f) requires the Midland Heritage Committee to report annually to Council on the activities of the previous year. SUMMARY: The Midland Heritage Committee has been actively promoting heritage matters in the Town and participating in a number of ventures to increase public awareness and knowledge of heritage conservation issues. The following is a summary of those activities: 1. The Midland Heritage Committee met on ten (10) occasions in 2014, including a

special meeting of the Committee at the call of the Chair on January 24th to discuss the Draft Official Plan Amendment and Draft Zoning By-law Amendment for 422 King Street (Letherby Home).

2. Recommended to Council the declaration of Heritage Week in February 2014 and recommendations for Heritage Merit Awards and Heritage Appreciation Awards.

3. Application to the Ontario Trillium Foundation (OTF) for a grant to prepare a Heritage Restoration and Promotion Plan for the William Wilson Pioneer Cemetery for which the Town was successful in obtaining.

4. Attendance at a CHO sponsored Heritage Workshop hosted by the Township of Tay.

______________________________________________________________________________ Council 2 Report to Council on 2014 Activities February 23, 2015 Report # PL-2015-13

5. Recommendation and approval from Council on the implementation of a Heritage Tax Relief Program for designation heritage properties to begin in 2015 (tax relief will not be applied until 2016).

6. Participation in Doors Open Huronia, with the Town of Penetanguishene, the Township of Tay and the Township of Springwater, in which the four municipalities partner to organize the event. There were 32 participating properties with over 2200 visits to the sites, including almost 1000 to Midland sites.

7. Creation of a Heritage Committee “Work Plan”. 8. Discussions with four churches (St. Paul’s United Church, Knox Presbyterian

Church, St. Mark’s Anglican Lutheran Church, and St. Margaret’s Catholic Church) about Heritage designation.

9. Creation of a 2015 Heritage Calendar as a fundraiser for the Heritage Committee. Calendar sales exceeded expectations, with approximately 400 being sold. Interest in a 2016 Calendar has been significant.

10. Designation of 422 King Street (Letherby House) under Section IV of the Ontario Heritage Act.

11. Participation in the fourth annual Victorian Christmas Home Tour, for which four properties participated with attendance at the event of approximately 70 guests.

12. Inclusion of “Portraits of the Past” by Rene Hackstetter in the Town pages when space permits.

13. Committee member attendance at a sub-Committee on the “Newfound History Film” project.

14. The Committee saw the finalization of the Hillcrest Village Phase II development. The Heritage Committee had made recommendations to the Council of the day for the reinstallation of the portico and columns on the north building face; and in late 2014, the project appeared to be substantially complete.

15. The Committee participated in the launch of Museum Town by the Huronia Museum of which the Committee had been a commenting partner.

16. Had a booth at ArtWalk 2014 for promoting heritage activities and events and to sell Calendars.

CONCLUSIONS: The Heritage Committee continues to be actively promoting and advancing the Heritage Program for the Town of Midland. FINANCIAL IMPACT: There are no financial implications as a result of this report. Prepared by: Andrea Betty, Planner Reviewed by: Wes Crown, Director of Planning and Building Services Reviewed by: Carolyn Tripp, CAO File: P:\A02 Committees and Meetings\Midland Heritage Committee\2015\Reports\Staff Report PL-2015-13 Report to Council on 2014 Heritage Committee Activities

______________________________________________________________________________

Council 1 Heritage Reserve February 23, 2015 Report # PL-2015-14

STAFF REPORT

FUNCTION: Heritage Committee

CHAIR: Sue McKenzie DATE: February 18, 2015 REPORT NO.: PL-2015-14 – Heritage Committee Reserve

RECOMMENDATION: That Council receive Staff Report PL-2015-14 dated February 18, 2015 outlining the revenue and expenditures of the Heritage Committee Reserve Fund and approve the transfer of the funds in the fundraising account to the Heritage Committee Reserve Account.

BACKGROUND: Council approved the establishment of a specific reserve account for monies raised through fundraising efforts by the Heritage Committee in 2011 and approved a Financial Policy in 2012 of the following:

To be added to the Town’s Financial Policies for Reserves. “3.11 A Heritage Committee Reserve has been established for

special projects which are not covered by normal funding levels.

3.11.1 Funds transferred to the reserve may come from donations,

fundraising efforts, grants and benefactors and are for the exclusive use of the Heritage Committee.

3.11.2 The Heritage Committee will follow the Town’s Purchasing

Policy when using the funds in the reserve. 3.11.3 Use of the funds will be recommended by the Heritage

Committee and recorded in the Committee’s Report to Council.

______________________________________________________________________________


3.11.4 An annual report outlining the expenditures of these reserve funds will be submitted to the Heritage Committee and Council.

3.11.5 The Town will hold and administer the funds. 3.11.6 Interest will not be accumulated in this reserve fund unless the

balance is greater than $100,000 of unspecified funds. 3.11.7 Should the Heritage Committee be dissolved for any reason,

and there is a balance in the reserve, Council will determine the use of the funds; however, they must be used for Heritage related.”

Funds raised will assist the efforts of the Midland Heritage Committee, with the purchase of designation plaques, signage and monuments for sites and structures of historical importance and other activities to promote and preserve the Town’s unique Heritage. As indicated in the Financial Policy 3.11.4, the Heritage Committee will provide an annual report outlining the expenditures of the reserve funds. ANALYSIS: In 2014, the Heritage Committee embarked on two fundraisers for the Heritage Reserve account. The first being the creation and sale of a 2015 Heritage Calendar, which in its first year was a success beyond what had been anticipated. The Calendars were printed locally at Midland Printers, with a first run of 200 Calendars delivered in July of 2014 and a second run of 200 Calendars delivered in September of 2014. All but approximately 11 Calendars have been sold. The following Figure 1 demonstrates the expenditures and revenues for the 2014 Heritage Calendar: Figure 1 – 2015 Heritage Calendar

Sponsorship Revenue $600.00

Printing Expenditure $2,819.76

Sales Revenue $3,460.28

Total Raised $1,240.52

The second fundraiser was the third annual Victorian Christmas Home Tour, on December 13, 2014. The Tour included four private homes and ticket sales were conducted at the Municipal Office, NSSRC and Library. Based on the ticket sale, 82 tickets were sold for the tour; records show approximately 69 visitors to each site. Figure 2 illustrates the expenditures and revenues for the Victorian Christmas Home Tour.

______________________________________________________________________________


Figure 2 – Victorian Christmas Home Tour

Ticket Sales $820.00

Expenditure (gifts for participating homes) $60.04

Total Raised $759.96

Therefore, in 2014, the Heritage Committee raised for the Heritage Reserve Fund a total of $2,051.96. In total, including the 2014 revenues, the Heritage Reserve will have an account balance of $3,641.21. CONCLUSIONS: The Heritage Committee has been very successful through the two fundraising initiatives in 2014. The Heritage Reserve fund is an important tool for the Heritage Committee for heritage promotion and preservation. FINANCIAL IMPACT: The revenue raised as a result of the Heritage Committee activities requires Council to approve the transfer of the funds into the special Heritage Reserve Fund. There are no negative impacts on the budget as the activities were fundraising based. Prepared by: Andrea Betty, Planner Reviewed by: Wes Crown, Director of Planning and Building Services Reviewed by: Carolyn Tripp, CAO File: P:\A02 Committees and Meetings\Midland Heritage Committee\2015\Reports\Staff Report PL-2015-14 Heritage Committee Reserve


BY-LAW NO. 2015-07

A By-law to provide for the entering into of an Agreement with Mayes-Martin Ltd. for the

Supply and Delivery of Unleaded Gasoline, Diesel and Colour Diesel Fuel.

WHEREAS The Corporation of the Town of Midland tendered for the supply and delivery of Unleaded Gasoline, Diesel and Colour Diesel Fuel for the period, commencing March 1, 2015 and terminating on September 30, 2016 with an option to renew on a month to month bases for up to one year, being September 30, 2107; AND WHEREAS Mayes-Martin Ltd. provided the lowest tender with specifications that best meet the Corporation’s requirements; AND WHEREAS Council deems it expedient to accept the Tender from Mayes-Martin Ltd. for the supply and delivery of Unleaded Gasoline, Diesel and Colour Diesel Fuel for the period commencing March 1, 2015 and terminating on September 30, 2016 with an option to renew on a month to month bases for up to one year, being September 30, 2107 in the amount of $432,205.98, (inclusive of excise taxes, exclusive of H.S.T.); NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREIN ENACTS AND BE IT ENACTED AS FOLLOWS: 1. That an Agreement be entered into between The Corporation of the Town of

Midland and Mayes-Martin Ltd., in accordance with the terms and conditions as set out in Contract No. L04-47904, for the supply and delivery of Unleaded Gasoline, Diesel and Colour Diesel Fuel for the period commencing March 1, 2015 and terminating on September 30, 2016 with an option to renew on a month to month bases for up to one year, being September 30, 2107 in the amount of $432,205.98, (inclusive of excise taxes, exclusive of H.S.T.);

2. That the Mayor and Clerk be authorized to duly execute the said Agreement on

behalf of the Corporation and affix thereto the Corporate seal; 3. That this By-law shall come into full force and effect March 1, 2015. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF FEBRUARY, 2015. THE CORPORATION OF THE TOWN OF MIDLAND

Mayor

Clerk


BY-LAW 2015-8

A by-law to authorize the appointment of Jamie Galloway as the Town Engineer

WHEREAS Section 9 of The Municipal Act, S.O. 2001, c.25, provides a municipality with 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 Council now deems it expedient to appoint a Town Engineer; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1. That Jamie Galloway is hereby appointed as the Town Engineer.

2. That this by-law shall come into force and effect on the final passage thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF FEBRUARY 2015. THE CORPORATION OF THE TOWN OF MIDLAND MAYOR CLERK


BY-LAW 2015-09

A By-law to authorize the entering into of a Lease Agreement between the Midland Duplicate Bridge Club and the Town of Midland

WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001 c. 25 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Town of Midland currently has a vacant building located at 427 William Street; AND WHEREAS Council deems it expedient to enter into a Lease Agreement with the Midland Duplicate Bridge Club for the property located at 427 William Street; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1. That Schedule “A” attached hereto forms part of this by-law being the said

Agreement between the Midland Duplicate Bridge Club and the Town of Midland.

2. That the Mayor and Clerk are hereby authorized to execute the said

Agreement on behalf of the Corporation and to affix the Corporate Seal thereto.

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

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF FEBRUARY, 2015. THE CORPORATION OF THE TOWN OF MIDLAND MAYOR CLERK

THIS AGREEMENT made as of this __day of ______, 20__ BETWEEN:


(the "Landlord")

- and -

MIDLAND DUPLICATE BRIDGE CLUB

(the "Tenant")

THIS AGREEMENT WITNESSES that the Landlord and the Tenant have agreed and do hereby covenant and agree with each other as follows:

1. Leasehold Premises: In consideration of the covenants and agreements contained herein, the Landlord hereby leases to the Tenant and the Tenant leases from the Landlord the following premises:

(a) The land and building described municipally as part of 427 William Street, Midland, Ontario;

(b) Described legally as Part of Lot 20, Concession 3, Township of Tay, now Town of Midland, described as Part 1, Plan 51R-24753;

(c) Access by way of William Street;

(d) Available parking spaces to be shared between the Tenant and the gymnastics club.

(the “Leasehold Premises”).

The Leasehold Premises demised to the Tenant is outlined in Schedule “A” attached hereto.

2. Term:

(a) To have and to hold the Leasehold Premises for a term of five (5) years commencing on April 1, 2015, and ending on 31st day of March, 2020 (the “Term”).

(b) So long as the Tenant is not in default under any of the Tenant’s obligations under this Lease, the Tenant shall have an option to renew this Lease for a further period of five (5) years commencing at the expiration of the Term (the “Renewal”), subject to the parties agreeing to the terms of the Renewal prior to February 1, 2020.

(c) The Renewal is subject to the termination rights described in Section 3(a) below.

3. Rent:

(a) The Tenant agrees to pay to the Landlord rent for the Leasehold Premises in the amount of Six Hundred ($600.00) plus HST (if applicable) for the first year of the Term in equal monthly instalments of Fifty ($50.00) Dollars per month

plus HST (if applicable) each in advance of the 1st day of each and every month (“Rent”). The parties acknowledge and agree that the Rent amount for the renewal shall be negotiated by the parties in advance of February 1, 2020. In the event that the parties cannot reach an agreement on the Rent payable for the renewal prior to February 1, 2020, the parties agree that either party may terminate this Lease by delivering at least thirty (30) days prior written notice to the other and the Lease shall be terminated on the date specified in such notice.

(b) In addition to any other provision in this Lease, the Tenant acknowledges that this Lease is and shall be a completely carefree net lease in favour of the Landlord. The Tenant shall be responsible during the Term and any Renewal period for any and all costs, charges, taxes, expenses and outlays of any nature whatsoever arising from or relating to the Leasehold Premises, and the use and occupancy thereof (collectively, “Additional Rent”), excepting only the Landlord’s income tax in respect of income received from leasing the Leasehold Premises or payments made in connection with any mortgage or mortgages affecting the Leasehold Premises incurred by the Landlord and items for which the Landlord specifically assumes responsibility for in this Agreement. For clarity, the Tenant will be responsible for all costs, expenses and obligations including, without limiting the generality of the foregoing:

(i) charges for all utilities as may be provided to the Leasehold Premises, including hydro, gas, water, heating costs and air conditioning costs, phone, internet and cable costs. Subject to Section 3(d below, the Tenant undertakes and agrees to arrange with local authorities for such utility accounts in the name of the Tenant at its own expense;

(ii) charges for operating, maintaining, repairing and replacing all heating, ventilating and air conditioning equipment serving the Leasehold Premises;

(iii) all premiums for insurance on the Leasehold Premises to be arranged by the Landlord pursuant to Section 20(a);

(iv) all costs related to landscaping and snow removal;

(v) all charges for structural repairs to the building(s) on the Leasehold Premises; and

(vi) all costs related to the maintenance of the Leasehold Premises and any buildings thereon.

(c) The Tenant agrees to provide twelve post-dated cheques to the Landlord on the commencement date of the Lease and on each anniversary of the commencement of the Lease for the duration of the Term and Renewal.

(d) All Rent and Additional Rent payable under this Lease shall be paid by, or charged to, as applicable, the Tenant and, unless otherwise provided in this Lease, shall be payable without deduction, abatement compensation or other set-off whatsoever. For each year during the Term, the Landlord may estimate the amount of Additional Rent payable for that lease year, and the Tenant shall pay same in monthly instalments concurrently with the payment of Rent. The amount of the Additional Rent actually due shall be calculated at the end of the relevant lease year, and the Tenant shall pay the deficiency, if any, on demand, or the Landlord shall credit the Tenant with any overpayment, such

overpayment to be applied in payment of the instalments of Rent next falling due, or if the Term has expired, the overpayment shall be repaid to the Tenant.

4. Covenant to Pay Rent: The Tenant covenants to pay rent as herein provided.

5. Tenant’s Work: The Tenant, at its sole expense, repair, alter and renew the Leasehold Premises to put the Leasehold Premises in good condition of repair so that the Leasehold Premises will be safe for use by the Tenant and the general public. All such alterations, renovations and repair shall be conducted and carried out in accordance with Section 14 of this Lease. All costs related to site improvements which are not considered part of the building at the Leasehold Premises shall be agreed upon by the parties.

6. Taxes: The parties acknowledge and agree that the Tenant will be responsible for all property and municipal taxes assessed against the Leasehold Premises including any assessments, rates, charges and duties levied or assessed against the Leasehold Premises. The Landlord shall provide the Tenant annually with an invoice the amount of all such taxes payable in relation to the Leasehold Premises and the amount payable by the Tenant pursuant to this section shall be considered part of the Additional Rent.

7. Intentionally Deleted

8. Garbage Removal: The Tenant will be responsible for the removal of all garbage and trash from the Leasehold Premises at the expense of the Tenant.

9. Use of Leasehold Premises: The Tenant shall have the right to use the Leasehold Premises for purposes of operating a bridge club and related activities that meet with the approval of the Landlord. The Tenant shall satisfy itself that the use permitted above is in compliance with all applicable zoning and use by-laws and restrictions affecting the Leasehold Premises. The Tenant shall comply with all provisions of law relating to the use of the Leasehold Premises and in accordance with the requirements of the zoning and building by-laws and any other municipal or government regulations which may affect the Leasehold Premises. The Tenant shall carry on its business on the Leasehold Premises in accordance with the terms and conditions of this Lease and shall carry on no other business on the Leasehold Premises.

10. Nuisance: The Tenant covenants not to do or permit to be done or omitted, upon the Leasehold Premises, anything which may be, or result in, a nuisance.

11. Quiet Enjoyment: The Landlord covenants with the Tenant for quiet enjoyment of the Leasehold Premises.

12. Fixtures:

(a) Property of Landlord: Any alterations, partitions, fixtures or leasehold improvements made by or on behalf of the Tenant to the Leasehold Premises shall immediately become the property of the Landlord. The Tenant acknowledges that no fixtures, goods, chattels or leasehold improvements of any kind will, except in the ordinary course of business, be removed from the Leasehold Premises during the Term and/or the Renewal or at any time thereafter without the written consent of the Landlord first being had and obtained, until all rent in arrears as well as all rent to become due during the remainder of the Term and/or the Renewal shall have been fully paid, or the payment thereof secured to the satisfaction of the Landlord.

(b) Removal of Fixtures on Expiration: The Tenant acknowledges and agrees that, at the expiration of the Term and/or the Renewal, all fixtures, goods or chattels of any kind affixed or erected on any part of the walls, floors or ceilings of the Leasehold Premises shall only be removed after the Tenant has first informed the Landlord of the intention of the Tenant to remove such items and received the prior written consent of the Landlord. At the end of the Term and/or any Renewal, the Tenant shall, at its sole cost, remove such items as the Landlord shall, at its sole option, require to be removed. Upon such items being taken down, the said items are to be removed from the Leasehold Premises and the Tenant is to repair and make good all damage occasioned to the Leasehold Premises by the taking down or removal thereof.

(c) Tenant's Obligations: The Tenant acknowledges and agrees that it is the sole liability and responsibility of the Tenant, at its expense, to undertake and complete whatever fixturing is required to carry on her intended business.

13. Protective/Accessibility Installations: The Tenant agrees to pay the cost of any installations, additions, or alterations to the Leasehold Premises that either the Landlord or the Tenant may be required to make by any Provincial, Federal or other governing authority, or requested by any private protective system used by the Landlord or the Tenant, for the security and protection of the Tenant and its employees and its effects and/or for accessibility to the Leasehold Premises. Without limiting the generality of the foregoing, this provision shall apply to additions and alterations for fire and theft protection, wheelchair ramps, automatic doors and all such installations, additions, or alterations shall forthwith become the property of the Landlord.

14. Partitions and Alterations:

(a) Conditions to be Met by Tenant: In the event the Tenant during the Term and/or the Renewal shall desire to affix or erect partitions, counters or fixtures in any part of the walls, floors or ceilings of the Leasehold Premises, it may do so at its own expense, at any time and from time to time provided that the Tenant's rights to make such alterations to the Leasehold Premises shall be subject to the following conditions:

(i) that the Tenant first obtains the prior written consent of the Landlord to undertake such alterations, which consent may not be arbitrarily or unreasonably withheld;

(ii) that before undertaking any such alterations, the Tenant shall submit to the Landlord a plan showing the proposed alterations and shall obtain the approval and consent of the Landlord to the same;

(iii) that all such alterations shall conform to the applicable Building Code Regulations and all building by-laws, if any, then in force affecting the Leasehold Premises;

(iv) that such alterations will not be of such kind or extent as to in any manner weaken the structure of the building after the alterations are completed or reduce the value of the building;

(v) that all such alterations will be undertaken in a good and workmanlike manner; and

(vi) that such alterations shall become the property of the Landlord immediately upon installation thereof.

(b) Change to Fixtures: Except as herein provided, the Tenant will not erect or affix or remove or change the location or style of any partitions or fixtures, without the written consent of the Landlord being first had and obtained which consent shall not be unreasonably withheld.

15. No Encumbrances: The Tenant shall not create, suffer or permit any mortgage, lien or any other encumbrance whatsoever against all or any part of this Lease or the Leasehold Premises, including without limitation in respect of any of the Tenant’s leasehold improvements, equipment, chattels or trade fixtures.

16. Right of Inspection: The Tenant agrees to permit the Landlord to enter into the Leasehold Premises to inspect the Leasehold Premises upon the Landlord providing to the Tenant reasonable notice of their intention to inspect.

17. Maintenance and Repair: The Tenant acknowledges and agrees that the Leasehold Premises are in a good state of maintenance and repair as at the commencement of this Lease period. The Tenant undertakes and agrees to maintain and repair the Leasehold Premises in a good state of maintenance and repair (reasonable wear and tear, damage by fire, lighting or tempest only excepted) for the duration of the Term and Renewal, and to repair the Leasehold Premises in accordance with notice in writing from the Landlord and to surrender up and deliver up the Leasehold Premises clean and in good order and condition at the end of the Term and/or the Renewal.

18. Outside Areas: The Tenant shall keep the sidewalks and parking areas at the Leasehold Premises free of snow and ice and that the Tenant shall not inure or remove any trees, shrubbery, hedges or other tree or plant at the Leasehold Premises. The Tenant shall keep any boulevard and other sodded spaces at the Leasehold Premises maintained and in good condition.

19. Damage to Leasehold Premises: If during the Term or Renewal the Leasehold Premises shall be destroyed or damaged by fire or the elements, then the following provisions shall apply:

(a) Inability to Repair Leasehold Premises Within 60 Days: If the Leasehold Premises shall be so badly injured as to be unfit for occupancy and as to be incapable of being repaired with reasonable diligence within sixty (60) days of the happening of such injury, then the Term and/or Renewal shall cease and be at an end to all intents and purposes from the date of such damage or destruction and the Tenant shall immediately surrender the same and yield up possession of the Leasehold Premises to the Landlord and the rent from the time of such surrender shall be apportioned.

(b) Ability to Repair Within 60 Days: If the Leasehold Premises shall be capable, with reasonable diligence of being repaired and rendered fit for occupancy within sixty (60) days from the happening of such injury as aforesaid, but if the damage is such as to render the Leasehold Premises wholly unfit for occupancy, then the rent hereby reserved shall not run or accrue after such injury, or while the process of repair is going on and the Landlord shall repair the same with all reasonable speed and the rent shall recommence immediately after such repairs shall be completed.

(c) Abatement of Rent Until Leasehold Premises Repaired: If the Leasehold Premises shall be repaired within sixty (60) days as aforesaid, and if the damage is such that the said Leasehold Premises are capable of being partially used, then until such damage shall have been repaired, the rent shall abate in a

proportion that the part of the Leasehold Premises rendered unfit for occupancy bears to the whole of the Leasehold Premises.

(d) Other Damage: No Abatement of Rent: There shall be no abatement from or reduction of the rent due hereunder, nor shall the Tenant be entitled to damages, losses, costs or disbursements from the Landlord during the Term or Renewal, caused by or on account of fire (except as above) water, partial or temporary failure or stoppage of heat, light, live steam or plumbing service in or to the Leasehold Premises or building, whether due to acts of God, strikes, accidents, the making of alterations, repairs, renewals, improvements, structural changes to the Leasehold Premises or the buildings or the equipment or systems supplying the said services or from any cause whatsoever, provided that the said failure or stoppage be remedied within a reasonable time.

20. Insurance:

(a) The parties agree that the Town will be responsible for obtaining and covering the costs associated with the following insurance on and at the Leasehold Premises:

(i) insurance on the structure on the Leasehold Premises.

(b) The parties agree that the Tenant will be responsible for obtaining the following insurance at the Leasehold Premises at the Tenant’s cost:

(i) insurance with respect to equipment, machinery, furniture, furnishings,

fixtures, chattels, inventory and contents of the Leasehold Premises. (ii) “all-risks public liability and property damage insurance protecting and

indemnifying the Tenant and the Landlord against any claims for damage or injury or death in or upon the Leasehold Premises, the inclusive limits whereof shall be not less than TWO MILLION DOLLARS ($2,000,000) in respect of bodily injury or death of any one person in respect of any one occurrence and for property damage.

21. Release by Tenant: The Tenant covenants and agrees to release the Landlord from any and all liability for loss or damage caused by any of the perils against which the Tenant shall have insured the Leasehold Premises or any part thereof pursuant to Section 20 (b) above whether or not such loss or damage may have arisen out of the negligence of the Landlord, and the Tenant agrees to indemnify and save harmless the Landlord from and against all manner of action, causes of action, suits, damages, loss, claims and demands of any nature whatsoever relating to such loss or damage.

22. Default: In the event that:

(a) the Tenant becomes bankrupt or insolvent, or if a trustee, receiver, receiver-manager, manager, agent or other person shall be appointed in respect of the assets or business of the Tenant;

(b) the Tenant fails to pay Rent or Additional Rent on the date or dates appointed for payment hereof or fails to pay any utilities as provided for in this Lease or fails to pay any other amount owing by the Tenant pursuant to the terms of this Lease;

(c) the Leasehold Premises or any part thereof are used by any persons other than those as are entitled to use them under the terms of this Lease;

(d) this Lease or any of the Tenant's assets on the Leasehold Premises are taken under any writ of execution, chattel mortgage, charge, debenture or other security instrument;

(e) the Tenant fails to observe or perform any other of the terms, covenants or conditions of this Lease to be observed or performed by the Tenant; or

(f) the Tenant vacates or attempts to abandon or vacate the Leasehold Premises,

then and in every such case at the option of the Landlord, the Landlord shall provide ten (10) days notice in writing to the Tenant of such default and, in the event that such default is not remedied to the reasonable satisfaction of the Landlord after such ten (10) days, the Tenant shall be in default under this Lease and, in addition to any other rights or remedies it has pursuant to this Lease or at law, the Landlord shall have the immediate right of re-entry upon the Leasehold Premises and it may repossess the Leasehold Premises and/or re-let the Leasehold Premises. In the event that the Tenant is in default of this Lease and has not remedied the default after the 10 day period described above, the Tenant hereby agrees that the Landlord may expel all persons, remove all property from the Leasehold Premises and that such property may, at the Landlord's option, be removed and sold or disposed of by the Landlord (up to the amount owing and outstanding by the Tenant to the Landlord, including costs and expenses incurred by the Landlord) by public auction or otherwise and either in bulk or by individual item, all as the Landlord in their sole discretion may decide.

23. Effect of Termination: Any termination pursuant to any of the terms of this Lease shall be entirely without prejudice to the rights of the Landlord to recover arrears of rent or damages or any antecedent breach of the covenants on the part of the Tenant and provided further that notwithstanding any such termination, the Landlord may subsequently recover from the Tenant all costs and damages suffered by reason of the Lease having been prematurely terminated.

24. Signage: The parties acknowledge and agree that the Tenant may affix signs relating to the business of the Tenant as the Landlord may approve, acting reasonably. The Tenant shall be responsible for ensuring that the installation of any signs will comply with all municipal by-laws and government regulations and will not affect the structure or integrity of the building. The Tenant shall be responsible for making any repairs or renovations that may be necessitated by reason of the installation of any sign. The Tenant, on ceasing to be Tenant of the Leasehold Premises, will cause any sign as aforesaid to be removed or obliterated at the Tenant’s own expense.

25. Notices: Any notice may be given to the Landlord in writing to 575 Dominion Avenue, Midland, Ontario L4R 1R2 fax number (705)526-9971. Any notice may be given to the Tenant in writing at the Leasehold Premises.

26. Right to Show Leasehold Premises: The Tenant will permit the Landlord to exhibit the Leasehold Premises during the last two (2) months of the Term or Renewal thereof to any prospective Tenant and will permit all persons having written authority therefore to view the said Leasehold Premises at all reasonable hours on reasonable notice by the Landlord to the Tenant unless notice of renewal has been provided by the Tenant to the Landlord as provided in Section 2(b) herein.

27. Arbitration: All differences or disputes which arise among the parties whether in relation to the interpretation of this Lease or to any act or omission of the parties in dispute, or to any acts which are to have been done by the parties in dispute, or in

relation to any other matter whatsoever touching this Lease, shall be referred to a single arbitrator to be agreed upon by the parties and in default of agreement to a single arbitrator appointed by the court under the provisions of the Arbitrations Act (Ontario). The award or determination which shall be made by such arbitrator shall be final and binding upon the parties hereto, their heirs, executors, administrators, assigns, committees, and there shall be no appeal from such award or determination.

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

29. Assignment:

(a) The Tenant agrees not to assign or sublet this Lease without first obtaining the written consent of the Landlord which consent may be arbitrarily or unreasonably withheld. The Tenant acknowledges and agrees that the Landlord will not consent to an assignment to an entity which is not a not-for-profit corporation.

(b) The Tenant further undertakes and agrees to provide to the Landlord full particulars with respect to any proposed assignment or sublease, including full details with respect to the party to whom the Lease is to be assigned or sublet.

(c) In the event of any assignment, the Tenant shall continue to remain liable for the observance and performance of all of the Tenant's obligations hereunder.

(d) If the Landlord assigns their rights as Landlord of the Leasehold Premises, which they shall be entitled to do upon notice to the Tenant, the Landlord shall without further written notice be relieved of any of their covenants or obligations hereunder upon completion of such assignment.

30. “As-is” Basis: The Tenant accepts the Leasehold Premises and every part thereof on an “as-is” basis.

31. Binding Agreement: This Lease is binding upon and enures to the benefit of the parties hereto and their successors, heirs and permitted assigns as limited by the terms of this Lease.

32. Time of the Essence: Time shall in all respects be of the essence hereof.

33. No Waiver of Default: No condoning, excusing, overlooking or delay in acting on by the Landlord of any default, breach or non-observance by the Tenant at any time or times in respect of any covenant, proviso or condition in this Lease shall operate as a waiver of the Landlord’s rights under this Lease in respect of any such continuing or subsequent default, breach or non-observance and no waiver shall be inferred from or implied by anything done or omitted by the Landlord except an express waiver in writing.

34. Approval in Writing: Wherever the Landlord’s consent is required to be given under this Lease, or wherever the Landlord must approve any act or performance by the Tenant, such consent or approval, as the case may be, shall be given in writing by the Landlord before same shall be deemed to be effective.

35. Applicable Law: The laws of the Province of Ontario shall apply to this Lease.

36. Counterparts: This Lease may be executed in several counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall be but one and the same instrument.

37. Facsimile: The parties acknowledge and agree that this Lease may be executed and transmitted by facsimile or similar form of transmitted message and that any notice pursuant to this Lease may be delivered by facsimile or similar form of transmitted message, the results of which shall be legal and binding. Any notice so sent by facsimile or similar form of transmitted message shall be deemed to have been received on the date of its transmission.

38. Entire Agreement: This is the entire agreement and there are no other representations, warranties, collateral agreements or conditions affecting the Lease. The Lease may not be modified or amended except by an instrument in writing signed by both of the parties.

39. Right of First Offer: The Landlord may place a sign or notice at the Leasehold Premises advising the Leasehold Premises are for sale and the Tenant shall not move or remove same. In the event that the Landlord wishes to attempt to sell the Leasehold Premises, the Landlord agrees that it shall provide the Tenant with the first opportunity to purchase the Leasehold Premises on terms satisfactory to the Landlord.

IN WITNESS WHEREOF the parties hereto have executed this Lease this ___ day of ________, 2015.

THE CORPORATION OF THE TOWN OF MIDLAND Per:______________________________ Mayor Per:______________________________ Clerk

MIDLAND DUPLICATE BRIDGE CLUB Per:______________________________ President

Per:____________________________

Club Manager

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2015-10

A By-law to adopt the proceedings of the Council Meeting held on February 23, 2015 and to authorize its execution.

WHEREAS under the authority of the Municipal Act, S.O. 2001, c.25 as amended, Municipal Council is required to exercise its powers by by-law unless specifically authorized to do otherwise; AND WHEREAS in many cases, action which is taken or authorized to be taken by Council or by a Committee of Council does not lend itself to an individual by-law; AND WHEREAS The Council of the Corporation of the Town of Midland adopted By-law 2010-42 establishing rules of order and procedures for the Council; AND WHEREAS provision was made in By-law 2010-42, as amended, for enactment of a Confirmatory By-law at the end of each Regular or Special Council Meeting to confirm recommendations and actions approved at that meeting; AND WHEREAS Council deems it expedient to confirm the proceedings of Council at its Council Meeting of February 23, 2015; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1. THAT the action of Council at its Council Meeting of February 23, 2015, with

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

2. THAT any member of Council who dissented from any action or proceeding or

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

3. THAT the Head of Council and the proper officers of the Municipality are hereby

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

By-law 2015-10 Page 2

4. THAT this By-law shall come into force and effect on the final passage thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF FEBRUARY, 2015. THE CORPORATION OF THE TOWN OF MIDLAND MAYOR CLERK