Town of South Bruce Peninsula Tuesday, January 19, :30 AM Municipal Council Chambers

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1 Town of South Bruce Peninsula Tuesday, January 19, :30 AM Municipal Council Chambers Agenda Page 1 Call to Order 2 Attendance and Regrets 3 Declaration of Pecuniary Interest and General Nature Thereof 4 Closed Session 4.1 Closed Session not required 5 Public Notice/General Announcements 6 Adoption of Minutes Regular Council-January 5, Physician Recruitment and Retention Committee-December 14, Delegations 7.1 No delegations scheduled 8 Reports (New Business) FS GMHL Junior A Hockey Team Page 1 of 60

2 FS Unfinished Business Item 16-Sauble Sign Base CLK Parking Lot Agreement, 573 Berford Street, Wiarton PW RFP Award for Gould Street Wastewater Diversion Project 9 Correspondence 9.1 No correspondence 10 By-Laws By-Law Being a By-Law to Authorize the Mayor and Clerk to Sign an Agreement with Elsinore Community Centre Inc By-Law Being a By-Law to Assume Blk B Pl 793, South Bruce Peninsula PIN (LT) into the Municipal Road System By-Law Being a By-Law to Authorize Borrowing from Time to Time to Meet Current Expenditures During the Fiscal Year Ending December 31, By-Law Being a By-Law to Provide for an Interim Tax Levy and to Provide for the Payment of Taxes and to Provide for Penalty and Interest of 15 Percent 11 Matters of Urgency 12 Notice of Motion Councillor Gammie - Legal Matters 13 Public Meetings 13.1 No public meetings scheduled 14 Reports from Council Members 15 Upcoming Meetings 15.1 January 27, 2016 PAC/COA 10:00 am Page 2 of 60

3 February 2, 2016 Council 10:30 am (10:00 am if Closed Session is required) February 9, 2016 Physician Recruitment and Retention Committee 6:00 pm (OPP Boardroom) February 10, 2016 Wiarton BIA 5:30 pm February 24, 2016 PAC/COA 10:00 am (if applications are received) 16 Unfinished Business CLK Unfinished Business 17 Confirmatory By-Law By-Law Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula 18 Adjournment Page 3 of 60

4 The Corporation of the Town of South Bruce Peninsula January 5, 2016 The Council of the Corporation of the Town of South Bruce Peninsula met on Tuesday January 5, 2016 in the Municipal Council Chambers. 1. Call to Order Mayor Jackson called the meeting to order. Time 10:02 am 2. Attendance and Regrets All members were present except Councillor Vukovic. 3. Declaration of Pecuniary Interest and General Nature Thereof Mayor Jackson asked Council to declare any pecuniary interest at this point in the meeting or when required and state the general nature of the pecuniary interest. Councillor Gammie declared a pecuniary interest in Closed Session items particularly on two cases he is involved in legally (OS and on a Brampton case which is related to the original ban case which is closed). He indicated that he does not have a conflict of interest with the closed case. The appeal is a brand new case. He would like to participate in the discussion on all other items. 4. Authorize Closed Session R It was Moved by M. Jackson, Seconded by J. Kirkland and Carried That the Council of the Town of South Bruce Peninsula be authorized to proceed into Closed Session on January 5, 2016 in order to address a matter pertaining to: Litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board (CLK Legal Update) A proposed or pending acquisition or disposition of land by the municipality or local board (CLK Municipal Office/Office Space) Litigation or potential litigation including matters before administrative tribunals affecting the municipality or local board (CLK Superior Court of Justice File ) 5. Proceed into Closed Session Regular Council - 19 Jan 2016 Page 4 of 60 1

5 R It was Moved by J. Kirkland, Seconded by M. Jackson and Carried That Council proceeds into closed session. Time 10:08 am 6. Reconvene into Open Session R It was Moved by J. Kirkland, Seconded by M. Jackson and Carried That the Council reconvenes to open session. Time 10:32 am 7. Direction from Closed Continuation of Closed Session Mayor Jackson reported that Closed Session would continue later in the meeting. 8. Public Notice/General Announcements None 9. Adoption of Minutes-Regular Council, December 15, 2015 R It was Moved by M. Jackson, Seconded by J. Kirkland and Carried That the minutes of the December 15, 2015 regular meeting of Council be adopted as received. 10. Adoption of Minutes-Committees and Local Boards R It was Moved by M. Jackson, Seconded by J. Kirkland and Carried That the minutes of Committees of Council and Local Boards as listed, be adopted as circulated: Emergency Management Committee-December 23, 2014 Wiarton BIA-November 4, 2015 Physician Recruitment and Retention Committee-October 6, 2015 Police Services Board-November 17, 2015 Regular Council - 19 Jan 2016 Page 5 of 60 2

6 11. Delegations No delegations scheduled. 12. FS Statement of Council Remuneration and Expenses 2015 R It was Moved by J. Kirkland, Seconded by C. Gammie and Carried That Finance report number FS dated 5 th January 2016 regarding Council remuneration and expenses for 2015 be received. 13. FS Temporary Borrowing By-Law R It was Moved by C. Gammie, Seconded by J. Kirkland and Carried That Finance report number FS dated 5 th January 2016 regarding the Temporary Borrowing By-Law for 2016 be received; And that the necessary by-law to permit temporary borrowing be placed on an upcoming agenda for consideration. 14. FS Interim Tax Levy By-Law for 2016 R It was Moved by J. Kirkland, Seconded by C. Gammie and Carried That Finance report number FS dated 5 th January 2016 regarding the interim tax levy for 2016 be received; And that the by-law to provide for an interim tax levy and to provide for the payment of taxes and to provide for penalty and interest of 15 percent be placed on an upcoming agenda for consideration. 15. FC Fire Protection Agreement with Georgian Bluffs Council discussed giving notice under the agreement, public notification and subsidizing Georgian Bluffs. Manager of Emergency Services Robinson explained the mutual consent required in the current agreement to amend the agreement and the costs involved should South Bruce Peninsula notify Georgian Bluffs residents. It was agreed that minimal costs will be incurred to notify the public. Regular Council - 19 Jan 2016 Page 6 of 60 3

7 R It was Moved by C. Gammie, Seconded by J. Kirkland and Carried That report FC be received; And further that Fire Services notifies Georgian Bluffs that South Bruce Peninsula will be terminating fire services in 180 days. 16. CLK Elsinore Community Centre Agreement R It was Moved by J. Kirkland, Seconded by C. Gammie and Carried That the Town of South Bruce Peninsula supports the proposed renovations to the Elsinore Community Centre to make the facility barrier free by upgrading the entrance and washrooms; And further that the necessary by-law to permit the Mayor and Clerk to sign an agreement with Elsinore Community Centre Inc. for the continued use of the Elsinore Community Centre be placed on the agenda of an upcoming Council meeting for consideration. 17. CLK Assumption of Blk B Plan 793 Into the Municipal Road System R It was Moved by C. Gammie, Seconded by J. Kirkland and Carried That the necessary by-law to assume Blk B Plan 793 Amabel into the municipal road system be placed on an upcoming Council agenda for consideration. 18. BIA Wiarton BIA Revised 2016 Budget Submission Council discussed the secretarial services required by the BIA, the clarity required for the members and the BIA mandate. Manager of Financial Services Humble explained that the issue is what services are being received from the Chamber, what services are required by the BIA and the need for a formal MOU if a grant is given. R It was Moved by J. Kirkland, Seconded by C. Gammie and Carried Break 11:19 am Reconvene 11:22 am Regular Council - 19 Jan 2016 Page 7 of 60 4

8 That Council approves the 2016 revised budget submission for the Wiarton BIA as presented in report BIA on January 5, Recorded Vote Requested Councillor Gammie Gammie No Jackson M Yes Kirkland Yes Vukovic Absent Jackson J Yes R It was Moved by J. Kirkland, Seconded by C. Gammie and Carried That Council permits any surplus from the 2015 year end to be used by the Wiarton BIA to reduce the 2016 BIA levy. 19. Correspondence No correspondence was considered. 20. By-Laws First and Second Reading R It was Moved by M. Jackson, Seconded by J. Kirkland and Carried That the following by-law be read a first and second time: By-Law A By-Law to Authorize the Mayor and Clerk to Sign a Site Plan Control Agreement with Anthony Francis and Letitia Francis (Pt Lt 26 Pl 355 as In R237765; Town of South Bruce Peninsula PIN (LT)) 21. By-Laws Third Reading Deputy Mayor Kirkland requested that By-Law be pulled for separate discussion and voting. R It was Moved by M. Jackson, Seconded by J. Kirkland and Carried That By-Law be read a third time and finally passed. 22. By-Law Third Reading Regular Council - 19 Jan 2016 Page 8 of 60 5

9 Manager of Financial Services Humble explained that he feels that we are in contravention of Provincial legislation. He explained that the first step is to rescind the current agreements. Council discussed options and their various opinions with respect to Municipal Capital Facilities. Manager of Financial Services Humble explained the need for a resolution declaring the facilities for municipal purposes and for public use if we are to move forward with agreements. Council expressed the need to sit with the groups to see if there is a solution prior to consideration of third reading of the by-law. It was Moved by J. Kirkland, Seconded by C. Gammie and Deferred That By-Law be read a third time and finally passed. Recorded Vote Requested (vote of deferral) Councillor Gammie Gammie No Jackson M Yes Kirkland Yes Vukovic Absent Jackson J Yes 23. Matters of Urgency No matters of urgency considered. 24. Notice of Motion No notices of motion presented. 25. Public Meetings No public meetings scheduled. 26. Reports from Council Members No reports presented. 27. Upcoming Meetings Council noted the Wiarton BIA meeting date change. 28. CLK Unfinished Business R It was Moved by M. Jackson, Seconded by J. Kirkland and Carried Regular Council - 19 Jan 2016 Page 9 of 60 6

10 That Council notes the contents of report CLK Unfinished Business presented on January 5, Proceed into Closed Session Break 11:56 am Reconvene 12:45 pm R It was Moved by M. Jackson, Seconded by C. Gammie and Carried That Council proceeds into closed session. Time 12:45 pm 30. Reconvene into Open Session R It was Moved by M. Jackson, Seconded by J. Kirkland and Carried That the Council reconvenes to open session. Time 3:23 pm 31. Direction from Closed CLK Legal Update R It was Moved by J. Kirkland, Seconded by C. Gammie and Carried That the Mayor and Deputy Mayor meet with staff on a quarterly basis to review the legal update and bring back to Council as a whole anything they feel needs to have discussion for any decisions. 32. Direction from Closed CLK Municipal Office/Office Space Mayor Jackson indicated that a counter offer has been made. 33. Direction from Closed CLK Superior Court of Justice File Mayor Jackson indicated that this was received for information. 34. Confirmatory By-Law R It was Moved by M. Jackson, Seconded by J. Kirkland and Carried Regular Council - 19 Jan 2016 Page 10 of 60 7

11 That By-Law Being a By-Law to Confirm the Proceedings of the Council of the Corporation of the Town of South Bruce Peninsula be read a first, second, third time and finally passed. 35. Adjourn R It was Moved by J. Kirkland, Seconded by M. Jackson and Carried That the meeting adjourn. Time 3:27 pm Mayor Clerk Regular Council - 19 Jan 2016 Page 11 of 60 8

12 3 Physician Recruitment and Retention Committee December 14,2016 6:00 p.m. Wiarton OPP Boardroom Minutes 1. Call to Order at 6:02 p.m. 2. Attendance and Regrets Present Absent: Chair Matt Standen Councillor Matt Jackson Mary Lynn Standen Helen Thomson Ann Schneider Gena Van Dorp Paul Shirley Moira Kempster Dan Kerr Barb West-Bartley Dr. Megan Grigg Jennifer Dault Ken Fenwick Kelsey Sutherland Trish Herrick 3. Declaration of Pecuniary Interest and General Nature Thereof 4. Closed Session 5. Public Notice/General Announcements 6. Adoption of Minutes 6.1 Minutes of October 6, 2015 Mrs. Kempster noted that her name was omitted from the October 6, 2015 minutes even though she had sent her regrets. 1 Regular Council - 19 Jan 2016 Page 12 of 60

13 Moved by H. Thomson Seconded by P. Shirley THAT the minutes of October 6, 2015 be approved, as amended.. Carried 7. Delegations Nil 8. Reports (New Business) 8.1 GBHS website re: Wiarton Site for updating Discussion ensued and the Committee felt that some amendments to the content would be appropriate. Mrs. Van Dorp took notes on this and advised that she would pass them along to Dr. Grigg for fine tuning before sending the revised text to the GBHS Medical Affairs Office. 8.2 Wiarton Learners The Committee was impressed with the learner list as provided via the GBHS October Workshop. It was noted that Dr. Uffen is certainly instrumental and integral in the success of this program at the Wiarton Site. As this was the first time that such a list had been received by the Committee, they asked if the Medical Affairs Office at GBHS would be requested to provide this information annually or bi-annually. Discussion ensued about exchanging dialogue with local learners and the following resolution was presented: Moved by P. Shirley Seconded by B. West-Bartley THAT Dr. Ken Uffen be invited to the next regular Committee meeting to discuss what the Committee can do to communicate with the learners while they are in our community. Carried 8.3 Info Bulletin re: New Graduate Entry Program (NGEP) - noted and filed Regular Council - 19 Jan 2016 Page 13 of 60 2

14 9. Matters f Urgency 10. Reports from Committee Members 10.1 SBP FHO Recruitment Update In the absence of Dr. Grigg, Mrs. Van Dorp offered an update advising that the family physician who was scheduled to commence practice in March of 2016 has decided not to do so. She noted that there are a number of reasons such as the uncertainty about MOHLTC funding, etc. which may have affected the physician's decision. The Committee wondered whether further contact with that individual should be considered. It was determined that Dr. Grigg should be consulted before any action takes place. Mrs. Van Dorp advised that some 50 individuals have registered with TeleHealth seeking a local family physician. She indicated that there are approximately 200 on a list in Dr. Grigg's office meaning that there are upwards of 250 people needing a family physician currently. She confirmed that most of the local physicians will meet the needs of those people locally who are without a family physician. She confirmed that GBHS has been asked to refer all calls from those looking for a family physician to Dr. Grigg's office so that they may be added to the list. It was noted that there are high needs areas within our geographic community even though South Bruce Peninsula is not designated as high needs by the MOHLTC. It was felt that our area will remain less attractive to potential recruits for this reason. Consideration was given to amending the recent article submitted and published in the Wiarton Echo by the Committee (Dr. Grigg and Councillor Jackson as authors) appealing to those without access to local health care to come forward. The amended article could be produced in the form of a flyer and delivered to local addresses. It was suggested that before further action takes place in this regard that the local physicians be consulted for their thoughts on the idea Wiarton Echo article published 1DEC15 - see above 11. Upcoming Meetings 11.1 OPP Boardroom booked for Tuesday, January 5, Regular Council - 19 Jan 2016 Page 14 of 60 3

15 Unfinished Business Chippewas of Nawash - Councillor Jackson meeting with Chief - at the request of Councillor Jackson, this item will be removed from future agendas. Moved by B. West-Bartley Seconded by P. Shirley THAT a letter be forwarded to the Band Council of the Chippewas of Nawash Uneeded First Nation seeking a representative for appointment to the Town of South Bruce Peninsula Physician Recruitment and Retention Committee. Carried The Committee noted that the representative could be someone who works at the Chippewas of Nawash Health Centre Suspension of Common Municipal Issue Committee meetings - at the request of Councillor Jackson, this item will be removed from future agendas. Status of Recognition Plaque - years of service recognition (25+) for local family physicians Mrs. West-Bartley advised that she will pursue this matter in the new year with Ram Trophies. Adjournment Moved by P. Shirley Seconded by M. Jackson THAT this meeting does now adjourn at 7:14 p.m. Carried Chair Secretary Regular Council - 19 Jan 2016 Page 15 of 60 4

16 Michael Humble CPA CGA Manager of Fnancial Senses The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Wiarton, On NOH 2T0 Telephone: (519) ext. 106 Fax: (519) Toll Free Report Re: Council, 19 th January 2016 Report No: FS Subject: GMHL Junior A Hockey Team Recommendation: That Finance report number FS dated 19th January 2016 regarding a GMHL Junior A Hockey Team be received; And That the necessary bylaw to permit the Mayor and Clerk to sign the Facility Use Agreement be considered for readings at the 19 January 2016 meeting. Link to Strategic Planning: Goal 1: Supportive and accountable municipal operations and governance. Goal 2: Healthy and Vibrant Communities. Background: The Greater Metro Hockey League (GMHL) was founded in 2006 and there are presently 30 teams competing in the Greater Toronto, Central Ontario, Northeastern Ontario and Quebec areas. Staff have been in discussions with the owners of an existing team with the view to relocating the team to Wiarton commencing with the 2016 / 2017 hockey season. A draft Agreement Attachment One has been reach that would see the newly resurrected Wiarton Redmen play out of the Wiarton Arena & Community Centre for an initial three year period, with an option to renew for a further three years. At the present time the names of the team owners are being publicly withheld until notification has been privately given to their current host community. Home game times would take place Saturday nights and ice time has been reserved seven days a week (seventeen hours) for the game and team practice purposes. Teams in the GMHL welcome players from overseas. The roster of our new team comprises twenty two players, both local and from overseas. Current players hail from Slovakia, Sweden, Latvia, Texas, New Jersey, Virginia and British Columbia. Regular Council - 19 Jan 2016 Page 16 of 60

17 GMHL teams have a history of integrating into the municipality which hosts them. Players are visibly present at municipal events, perform community service and billet with families in their local communities. Some players will attend classes at the local high school. Staff are excited about the opportunity to work with an established ownership team of a GMHL franchise and bringing competitive hockey back to Wiarton and our Municipality. Options: Council may accept the recommendations of this report or provide alternate direction. Inter-Departmental Impact: Recreation division will work with the new hockey team on use of the Wiarton Arena. The Economic Development Officer will be asked to facilitate introductions to the local business and commercial community for the purpose of securing team sponsorship. Budget Implications: Approval of Manager of Financial Services The Municipality will financially benefit from increased ice time revenue and Arena usage. Expected Date Of Completion: Upon passage of the signatory bylaw. Respectfully Submitted, Michael Humble, CPA, CGA Treasurer / Manager of Financial Services Date: 9 th January 2016 Regular Council - 19 Jan 2016 Page 17 of 60 2

18 The Corporation of the Town of South Bruce Peninsula By-Law Number Being a By-Law to Authorize the Mayor and Clerk to Sign a Facility Use Contract with the GMHL Hockey Franchise (Wiarton Redmen) Whereas Section 8 of the Municipal Act, 2001, c.25, as amended, provides that Section 8 shall be interpreted broadly so as to confer broad authority on the municipality to enable the Municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; And whereas Section 9 of the Municipal Act, 2001, c.25; as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority und this or any other Act; And whereas the Town of South Bruce Peninsula is desirous of entering to an agreement with the GMHL Hockey Franchise (Wiarton Redmen) for the use of the Wiarton Arena & Community Centre. Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That the Mayor and Clerk be authorized to enter into an agreement with the GMHL Hockey Franchise (Wiarton Redmen) for the use of the Wiarton Arena & Community Centre. 2. That the agreement shall be attached hereto and form part of this by-law. Read a first and second time this 19 th day of January, Mayo r Read a third time and finally passed this 19 th day of January, Clerk Mayo r Clerk Regular Council - 19 Jan 2016 Page 18 of 60

19 Facility Use Contract Wiarton Arena & Community Centre 531 Scott Street, Wiarton, ON NOH 2T0 Phone: x106 Fax: (519) Date: 19th January 2016 With: XXX o/a Wiarton Redmen GMHL Hockey Franchise (herein the "Wiarton Redmen") Contact Information: Wiarton Redmen Junior 'A' Hockey Franchise c/o XXX, Phone: XXX XXX The Town of South Bruce Peninsula owns and operates the Wiarton Arena & Community Centre at 531 Scott Street, Wiarton, Ontario; The Greater Metro Hockey League (GMHL) operates franchise teams in the Greater Toronto Area, Central Ontario, Northeastern Ontario and Quebec. The GMHL Wiarton Redmen franchise is a member of the GMHL League, and privately owned and operated by XXX. The GMHL Wiarton Redmen franchise wishes to operate the Junior 'A' franchise team in the Town of South Bruce Peninsula playing out of the Wiarton Arena and Community Centre for the period of time and for the purposes all as hereinafter set forth. In consideration of the promises and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Term of Contract The term of the contract shall be for a period of three (3) calendar year commencing on September 1, 2016 and ending August 31, 2019 with an option to renew for an additional three (3) year term, provided the Wiarton Redmen are in good financial standing with the Municipality and there are no extenuating issues or circumstances for cause. The Wiarton Redmen home ice hockey season of play at the Wiarton Arena & Community Centre shall commence the 1 st October and shall end on/or before the 31 st March annually. Page 1 of 8 Regular Council - 19 Jan 2016 Page 19 of 60

20 Use of Facilities The Wiarton Redmen shall be allocated and provided ice time to be used for team practices and ice training activities per the following schedule: DAY OF WEEK FROM TO Sunday 6:00 PM 9:00 PM Monday 4:00 PM 6:00 PM Tuesday 4:00 PM 6:00 PM Wednesday 4:00 PM 6:00 PM Thursday 4:00 PM 6:00 PM Friday 7:30 PM 10:30 PM Saturday Game Nig fit 7:30 to 10:30 pm Wiarton Redmen Home Game Nights shall be scheduled on Saturday evenings from the hours of 7:30 pm to 10:30pm. Friday evening (7:30pm to 10.30pm) and Sunday evening (6:00pm to 9.00pm) are available for make-up games and/or practice times should Wiarton Redmen schedule require. The Municipality shall make every effort to accommodate weekend ice time requests but shall be subject to prior tournament and special event pre-bookings. Use of any municipally-owned audio equipment will be available to Wiarton Redmen executive on all home game nights to announce said games only. The Wiarton Redmen shall be allocated: use of Change Room #5 during the designated hockey seasons (1 st October 1 to 31 st March). Use of storage room adjacent to Change Room #5 to be used as Team Office during the designated hockey seasons (1 st October 1 to 31 st March). Use of Change Room shall be dedicated but not guaranteed to be exclusive. The Town of South Bruce Peninsula may allow access to Change Room #5 if so required to accommodate arena bookings. A minimum of seven days' notice shall be provided to Wiarton Redmen if this becomes necessary. Leasehold Improvements to Facilities Proposed leasehold improvements shall be considered based on submitted written proposals by Wiarton Redmen and are subject to approval by the Municipality and applicable permits prior to proceeding with said leasehold improvements. All cost for leasehold improvements shall be borne exclusively by the Wiarton Redmen. Applicable Rental Fees and Charges Structure The rental rates and fees for applicable ice time usage shall be based on the current, agreed ice time usage schedule and rental rates as established through by-law by the Council of the Town of South Bruce Peninsula, except that afternoon weekday practice sessions from 4:00 pm to 6:00 pm shall be billed at the non-prime ice time rate. Page 2 of 8 Regular Council - 19 Jan 2016 Page 20 of 60

21 Please reference Appendix A - excerpt from By-Law outlining the current fees and charges for the Wiarton Arena & Community Centre. The Municipality will invoice the Wiarton Redmen on a monthly basis for ice time usage. Based on ice rental contract the first payment for October 2016 ice time shall become due on/or before 30 th November Payments are expected monthly thereafter payable on or before the last day of each respective month. All scheduled ice booking times following the official end of season (either through defeat or victory) shall be cancelled with no additional charges or penalties to the Wiarton Redmen Franchise. Team Identification Signage The Wiarton Redmen Franchise logo may be displayed on the exterior of the Wiarton Arena & Community Centre as: "Home of the Wiarton Redmen". Cost to produce signage shall be borne by the Wiarton Redmen. The Wiarton Redmen Franchise logo may also be displayed on the interior of the Wiarton Arena & Community Centre ~ Change Room #5 door. Cost to produce signage shall be borne by the Wiarton Redmen. The Wiarton Redmen Franchise logo may be incorporated as an in-ice logo displayed on the ice for the season of play. Wiarton Redmen will supply in-ice logo to the Municipality two (2) weeks prior to arena ice production. Cost to produce in-ice logo shall be borne by the Wiarton Redmen. The Municipality will be responsible for the installation as part of the ice making process (time sensitive). Non-permanent Wiarton Redmen logo with slogan(s) may be temporarily displayed on the interior of the Wiarton Arena & Community Centre - lobby and/or rink area during actual home game times. The size, appearance and installation of all logos, signage and/or non-permanent, temporary logos and slogans must be approved by the Municipality and in compliance with applicable municipal sign bylaw and/or guidelines. Marketing and Promotion of Team All marketing and promotion of the Wiarton Redmen and activities shall be the sole responsibility of the Wiarton Redmen. Wall space adjacent to the Wiarton Redmen Team Room shall be made available by the Municipality for the Wiarton Redmen Franchise to erect a bulletin board to promote team standings, events and special promotions. The size, appearance and installation of the bulletin board must be approved by the Municipality and in compliance with applicable municipal facility guidelines. Page 3 of 8 Regular Council - 19 Jan 2016 Page 21 of 60

22 Insurance As a condition of this facility rental contract, Wiarton Redmen will maintain in force throughout the term of the contract comprehensive general public liability insurance in an amount not less than five million ($5,000,000.00) dollars, including bodily injury, death and property damage, on an occurrence basis against claims for personal injury, death or property damage suffered by others arising with respect to the use of the Wiarton Arena & Community Centre and Wiarton Redmen use and occupation thereof, listing the Municipality as 3 rd party insured on said policy, indemnifying and protecting the Municipality, Wiarton Redmen and their respective agents, representatives, employees and/or affiliates. A copy of the policy and/or certificate of clearance thereof must be provided to the Municipality. Indemnification Wiarton Redmen agrees that the general terms and conditions of all facility rental contracts attached as Appendix 'B' form part of this rental contract. Termination of Contract Upon expiration of the term of the contract, the Wiarton Redmen shall remove all or any part of the improvements as may be required by the Municipality and shall make good any damage caused by reason of the installation and removal of such improvements. On the expiration of the contract all improvements made, constructed, erected or installed in the arena and not required by the Municipality to be removed shall be deemed to have become the property of the Municipality. Wiarton Redmen and/or at the request of the Municipality shall, remove from the arena all its moveable trade fixtures not affixed to the arena. On expiration of the term of contract, all such moveable trade fixtures, furniture and equipment not so removed shall be deemed to have become the property of the Municipality. Notwithstanding any of the above statements, either party (Tina or Joe Ziel, o/a Wiarton Redmen or Town of South Bruce Peninsula) may terminate this agreement for no reason or cause upon providing sixty (60) days written notification to the other party. In witness whereof, Wiarton Redmen understands and agrees to the terms and conditions as set forth in this contract. Page 4 of 8 Regular Council - 19 Jan 2016 Page 22 of 60

23 Wiarton Redmen X XXX Having authority to bind Wiarton Redmen Date X XXX Having authority to bind Wiarton Redmen Date Town of South Bruce Peninsula Janice Jackson, Mayor Having authority to bind Town of South Bruce Peninsula Date Angela Cathrae, Manager of Legislative Services/Clerk Having authority to bind Town of South Bruce Peninsula Date Page 5 of 8 Regular Council - 19 Jan 2016 Page 23 of 60

24 Appendix 'A' Excerpt from By-Law Municipal Fees and Charges (subject to periodic review) Wiarton Arena & Community Centre Description Fee HST Total Auditorium Meeting -hourly Ice Rental -preferred, per hour -Monday to Friday 4pm-11 pm -Saturday and Sunday all hours Ice Rental -non preferred, per hour -Monday to Friday 8am-4pm Page 6 of 8 Regular Council - 19 Jan 2016 Page 24 of 60

25 Appendix 'B' Town of South Bruce Peninsula Ice Rental Contract for Wiarton Redmen Date(s) of Event: Start Time: Type of Function: Team/Group: Mailing Address: City: Home Phone: Cell Phone: Town of South Bruce Peninsula P.O. Box 310, 315 George Street, Wiarton, ON NOH 2T0 Phone (519) Fax (519) Ice Rental Contract Wiarton Arena, 531 Scott Street, Wiarton ON NOH 2T0, End Time: Permit # (attached):, Contact Person: Postal Code:_ Work Phone:_ Fax: The Renter hereby agrees to the conditions listed below: Date Signature of Renter Municipal Approval Terms and Conditions of Contract 1. The length of the rental is indicated on the signed Rental Contract. 2. No smoking is permitted in the facility as per County of Bruce By-Law No and Town Policy D All exit doors and fire routes must be kept clear and accessible in the case of emergencies. 4. It is the responsibility of the Renter to ensure that the facility capacities posted at the facility are not exceeded at their event. Exceeding the posted capacities could result in the cancellation of the event. 5. The Renter is responsible for leaving the facility, including the kitchen, clean and tidy. 6. A person entering into a contract with the Town of South Bruce Peninsula for rental must be 18 years of age or older, and must be present at the function. 7. Where the building is used for spectator events, it is the Renter's responsibility to supervise the spectators to insure orderly conduct of all patrons. 8. The music/sound room is authorized for use by Wiarton Redmen during scheduled game times. Page 7 of 8 Regular Council - 19 Jan 2016 Page 25 of 60

26 9. All other requests for P.A. system, National Anthem, scoreboard, etc. are to be made in advance of the event. 10. The Renter will be required to pay an additional fee regulated by S.O.C.A.N. (Society of Composers, Authors & Music Publishes of Canada) if music is played at your event. A Renter providing proof of a current and valid S.O.C.A.N, license will be exempt from this charge. 11. No person is permitted on the ice during ice resurfacing and may not be on the ice until the engine room doors are closed. 12. The Town of South Bruce Peninsula makes every effort to maintain a top quality ice surface, but accepts no responsibility for mechanical break-downs, weather, etc. 13. Financial liability for cancellation is as follows: a) Notice of cancellation received within 3-7 days of event - no charge. b) Notice of cancellation received within 0-2 days of event - the full rate will be charged. c) There will be no charge imposed for ice time that has been cancelled and/or rescheduled by The Town of South Bruce Peninsula or by an act of God (snowstorm, power outage, equipment failure, etc.). 14. In consideration of special events (play-offs, figure skating test days, carnivals, etc.) every effort will be made by The Town of South Bruce Peninsula to accommodate the needs of the Renters. Users may be asked to cooperate by altering their programs, time requirements, etc. 15. Damage to the arena facilities/equipment will be invoiced to the Renter. It will be the responsibility of the Renter to obtain restitution from any visiting organization/ club. Accidental damage will be at the discretion of the municipality. 16. The rental hours, as specified, will be strictly adhered to in an effort to maintain an efficient schedule. Where a user is scheduled to follow a given time period, the finishing time of the earlier rental will be firm regardless of circumstances. 17. The Municipality will invoice the Wiarton Redmen on a monthly basis for ice time usage. Payments are expected monthly thereafter payable on or before the last day of each respective month. No person will be permitted on the ice surface if account is in arrears by more than 30 days. 18. The Renter hereby agrees to indemnify and save harmless the Town of South Bruce Peninsula, its servant or agents, against any or all liability, loss, damages, costs and expenses which it may hereafter incur, suffer or be required to pay by reason of the use of Town property by the Renter. 19. Users agree to leave dressing rooms in a tidy condition after each use. 20. No intoxicating substance is permitted on the premise except as permitted under the provisions of a special occasion permit. Regulations of the municipal alcohol risk management policy will be strictly enforced. 21. The Renter shall be responsible for the enforcement of the rules and regulations as outlined herein. * Please note: fees are subject to change without notice Don Grain, Facilities Coordinator Cell facilities@bmts.com Karen Neerhof, Recreation Programmer ext. 132 tsbpprogrammer@bmts.com Page 8 of 8 Regular Council - 19 Jan 2016 Page 26 of 60

27 Michael Humble CPA CGA Manager of Frandal Servioes The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Wiarton, On NOH 2T0 Telephone: (519) ext. 106 Fax: (519) Toll Free Report Re: Council, 19 th January 2016 Report No: FS Subject: Unfinished Business Item 16 - Sauble Sign Base Recommendation: That Finance report number FS dated 19th January 2016 regarding unfinished business item #16 - Sauble Sign Base be received for information. Link to Strategic Planning: Goal 1: Supportive and accountable municipal operations and governance. Background: During budget discussions on 25 th October 2015, Council directed staff to investigate the cost of installing flagstone on the Sauble sign base. One informal quotation was sourced to supply and install 1.5 inch patio stone over an estimated area of 2,730 square feet. Total cost would be $16,380 plus HST. Options: Information report only. Inter-Departmental Impact: None. Budget Implications. The cost to install flagstone at the base of the Sauble sign is not budgeted in Recommend referral to 2017 budget process. Expected Date Of Completion: No further action is required. Resoectfullv Submitted. Approval of Manager of Financial Services Michael Humble, CPA, CGA Treasurer / Manager of Financial Services Date: 12 th January 2016 Regular Council - 19 Jan 2016 Page 27 of 60

28 Excerpt from Special Council Meeting Minutes - October 25, 2015 Operating - Sauble Sign Base Area Council discussed options for the area. R It was Moved by A. Vukovic, Seconded by M. Jackson and Carried That Council instructs staff to obtain costs to place flagstone on the Sauble Sign base. Regular Council - 19 Jan 2016 Page 28 of 60

29 AngieCathrae Manager of Legislative Services/Clerk The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Wiarton, ON NOH 2T0 Telephone: (519) ext. 122 Fax: (519) Toll Free Report Re: Council, January 19, 2016 Report No: CLK Subject: Parking Lot Agreement. 573 Berford Street. Wiarton Recommendation: That the necessary signatory by-law to permit the Mayor and Clerk to sign a lease agreement with Ontario Inc. for use of property as a public parking lot be placed on an upcoming Council agenda for consideration. Link to Strategic Planning: Goal 3: Sustainable Infrastructure and Built Environment would be the general link to the Strategic Plan. Background: The Town currently uses and maintains the property behind the Wiarton Echo building (573 Berford Street) as a municipal parking lot. The Town also uses the rear portion of 563 Berford Street and 559 Berford Street as a municipal parking lot and agreements are in place with the owners of those properties. An agreement existed with the previous owner of 573 Berford Street however the property has changed hands and a new agreement for use of the property is required. This property along the rear of the three Berford Street businesses has been a parking lot since prior to amalgamation. Options: a) Enter into an agreement. b) Not enter into a further agreement and not use the property as a public parking lot. Inter-departmental Impact: The Finance Department processes the annual taxation payment. The Public Works Department performs any maintenance. The Legislative Services Department is responsible for ensuring a lease is in place. Budget Implications: Approval of Manager of Financial Services Regular Council - 19 Jan 2016 Page 29 of 60

30 The Town carries the appropriate insurance for the use. MPAC assesses the parking lot portion and based upon assessment, we reimburse the property owner for the taxes paid. This is part of the approved budget. The 2015 amount for this property was $ Any maintenance and snow removal requirements are included in the Public Works approved budgets. Expected Date of Completion; Once the Signatory By-Law is adopted, no further Council consideration is required. Respectfully submitted, Cngie Qdforae Managfefof Legislative Services/Clerk, jc. ~~~i j "2x31 Date: Department Head C/ Date: Qarv ~1 1 "2-OlL Regular Council - 19 Jan 2016 Page 30 of 60

31 THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA BY-LAW NUMBER Being a By-Law to Authorize the Mayor and Clerk to Execute a Lease Agreement with Sun Media ( ) WHEREAS Section 8 of the Municipal Act, 2001, Chapter 25, as amended, provides that Section 8 shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS Section 9 of the Municipal Act, 2001, Chapter 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Town of South Bruce Peninsula has deemed it expedient to enter into a lease agreement for lease of space for a public parking lot behind the property described in Assessment Roll Number with Sun Media. NOW THEREFORE THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to sign a lease agreement for leasing of space for a public parking lot. 2. THAT the lease agreement as referred to herein shall be attached hereto and form part of this by-law. 3. THAT any by-law inconsistent with this by-law shall be hereby repealed. 4. THAT this by-law shall come into full force and effect upon final passing thereof. READ a FIRST and SECOND time this 28th day of June, 201L JERK READ a THIRD time and FINALLY PASSED this 28th day 201 MAYOR CLERK Regular Council - 19 Jan 2016 Page 31 of 60

32 THIS LEASE AGREEMENT made this 28th day of June, 2011 BETWEEN: SUN MEDIA (hereinafter called the "Lessor") OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA (hereinafter call the "Lessee") OF THE SECOND PART WITNESSETH THAT in consideration of the rents, covenants and agreements herein contained on the part of the said Lessee to be respectively paid, observed and performed, the Lessor hereby leases to the Lessee all those lands situate, lying and being in the Town of South Bruce Peninsula, in the County of Bruce and being composed of the rear 95 feet, throughout of the lands of the Lessor known and described in assessment roll , (herein referred to as "the lands"). The Lessee shall have and hold the lands for and during a year to year term to be computed from the date of execution of this Agreement and thereafter, until termination, paying to the Lessor the sum of ONE DOLLAR ($1.00) of lawful money of Canada and on the annual anniversary date thereafter during the said term. The Lessee covenants with the said Lessor to pay rent. The Lessor may enter and view state of repair. The Lessee will not assign or sublet this lease without leave, which said leave may be arbitrarily refused by the Lessor in its sole and uncontrolled discretion. The Lessee will leave the premises in good repair, reasonable wear and tear only expected. Notwithstanding anything hereinbefore contained, the within lease shall remain in full force and effect from year to year but may be terminated by either party by giving the other party, a written notice of such desire to terminate, thirty (30) days before it is to take effect. Provided that the Lessee shall only be permitted to use the lands as a municipal parking lot for use by members of the public, including customers, employees and apartment tenants of the property, without charge. The Lessor and Lessee covenant and agree that the value of the lands, for purposes of assessment Regular Council - 19 Jan 2016 Page 32 of 60

33 and taxation, shall be nil and, that such allocation is fair and appropriate in view of the other consideration provided to the Lessee by the Lessor pursuant to the terms of the Lease Agreement. The Lessee covenants and agrees with the Lessor to indemnify and hold harmless the Lessor from any and all claims, causes of action, damages, charges, costs, actions, legal costs, of any and all kind or nature whatsoever in respect of the use of the lands by the Lessee as a municipal parking lot and, the Lessee warrants and represents to the Lessor that it has in force and effect for this purpose public liability insurance in an amount of not less than Five Million Dollars ($5,000,000.00) which, for the term and duration of this Lease Agreement, will be in force. The Lessee shall produce a certified copy of such public liability policy to the Lessor within thirty (30) days upon written demand from Lessor for same. Lessee shall be permitted to alter, improve, plow, gravel, asphalt or otherwise enhance the grading, surface and appearance of the lands, but any and all such alternations shall be left intact and become the property of the Lessor upon termination of this Lease Agreement. IN WITNESS WHEREOF the said parties have hereunto executed this Lease Agreement pursuant to their authorized signing officers in that behalf. SIGNED, SEALED and DELIVERED in the presence of: Lessor: Lessee: Sun Media Mtnessto Sun Media ngewcathrae, Clerk Date: J e- Regular Council - 19 Jan 2016 Page 33 of 60

34 The Corporation of the Town of South Bruce Peninsula By-Law Number XX-2016 Being a By-Law to Authorize the Mayor and Clerk to Execute a Lease Agreement with Ontario Inc. ( ) Whereas Section 8 of the Municipal Act, 2001, Chapter 25, as amended, provides that Section 8 shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; And whereas Section 9 of the Municipal Act, 2001, Chapter 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; And whereas the Town of South Bruce Peninsula has deemed it expedient to enter into a lease agreement for lease of space for a public parking lot behind the property described in Assessment Roll Number with Ontario Inc. Now therefore the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That the Mayor and Clerk are hereby authorized to sign a lease agreement for leasing of space for a public parking lot. 2. That the lease agreement as referred to herein shall be attached hereto and form part of this by-law. 3. That any by-law inconsistent with this by-law shall be hereby repealed. 4. That this by-law shall come into full force and effect upon final passing thereof. Read a first and second time this 2nd day of February, Mayor Read a third time and finally passed this 2nd day of February, Clerk Mayor Clerk Regular Council - 19 Jan 2016 Page 34 of 60

35 This lease agreement made this 2nd day of February, 2016 Between: Ontario Inc (hereinafter called the "Lessor") of the first part - and - The Corporation of the Town of South Bruce Peninsula (hereinafter call the "Lessee") of the second part 1. Witnesseth that in consideration of the rents, covenants and agreements herein contained on the part of the said Lessee to be respectively paid, observed and performed, the Lessor hereby leases to the Lessee all those lands situate, lying and being in the Town of South Bruce Peninsula, in the County of Bruce and being composed of the rear 95 feet, throughout of the lands of the Lessor known and described in assessment roll , (herein referred to as "the lands"). 2. The Lessee shall have and hold the lands for and during a year to year term to be computed from the date of execution of this Agreement and thereafter, until termination, paying to the Lessor the sum of One Dollar ($1.00) of lawful money of Canada and on the annual anniversary date thereafter during the said term. 3. The Lessee covenants with the said Lessor to pay rent. 4. The Lessor may enter and view state of repair. 5. The Lessee will not assign or sublet this lease without leave, which said leave may be arbitrarily refused by the Lessor in its sole and uncontrolled discretion. 6. The Lessee will leave the premises in good repair, reasonable wear and tear only expected. 7. Notwithstanding anything hereinbefore contained, the within lease shall remain in full force and effect from year to year but may be terminated by either party by giving the other party, a written notice of such desire to terminate, thirty (30) days before it is to take effect. 8. Provided that the Lessee shall only be permitted to use the lands as a municipal parking lot for use by members of the public, including customers, employees and apartment tenants of the property, without charge. Regular Council - 19 Jan 2016 Page 35 of 60

36 9. The Lessor and Lessee covenant and agree that the value of the lands, for purposes of assessment and taxation, shall be nil and, that such allocation is fair and appropriate in view of the other consideration provided to the Lessee by the Lessor pursuant to the terms of the Lease Agreement. 10. The Lessee covenants and agrees with the Lessor to indemnify and hold harmless the Lessor from any and all claims, causes of action, damages, charges, costs, actions, legal costs, of any and all kind or nature whatsoever in respect of the use of the lands by the Lessee as a municipal parking lot and, the Lessee warrants and represents to the Lessor that it has in force and effect for this purpose public liability insurance in an amount of not less than Five Million Dollars ($5,000,000.00) which, for the term and duration of this Lease Agreement, will be in force. The Lessee shall produce a certified copy of such public liability policy to the Lessor within thirty (30) days upon written demand from Lessor for same. 11. Lessee shall be permitted to alter, improve, plow, gravel, asphalt or otherwise enhance the grading, surface and appearance of the lands, but any and all such alternations shall be left intact and become the property of the Lessor upon termination of this Lease Agreement. In witness whereof the said parties have hereunto executed this Lease Agreement pursuant to their authorized signing officers in that behalf. Signed, sealed and delivered in the presence of: Lessor: Lessee: Ontario Inc Janice Jackson, Mayor Ontario Inc Angela Cathrae, Clerk Date: I (we) have the power to bind the Corporation Date: We have the power to bind the Corporation Regular Council - 19 Jan 2016 Page 36 of 60

37 573 Berford Street, Map in Colour ssaa ^gggagai^aga5 3gtg;««ig..ff Regular Council - 19 Jan 2016 Page 37 of 60

38 573 Berford Street, Map in Colour Regular Council - 19 Jan 2016 Page 38 of 60

39 Andrew Sprunt Manager of Public Works The Corporation of the Town of South Bruce Peninsula P.O. Box 310, 315 George Street Wiarton, ON NOH 2T0 Telephone: (519) ext. 131 Fax: (519) Toll Free Report Re: Council January 19, 2016 Report No: PW Subject: RFP Award for Gould Street Wastewater Diversion Project Recommendation: That Council receive Report PW regarding the award of the Gould Street Wastewater Diversion RFP as information; And that Council endorses the award of engineering services for the Gould Street Wastewater Diversion to WSP Canada Inc. Link to Strategic Planning: The purposes of this report best reflect: Goal 1: Supportive and Accountable Municipal Operations and Governance; and Goal 3: Sustainable Infrastructure and Built Environment. Background: The Town was awarded a grant through the Ontario Community Infrastructure Fund in early 2015 for $700,000.00, providing 70% provincial funding for Gould Street Pump Station and Gravity Sewer. The total project cost is $1,000, After receiving the funding it was determined a pump station was not possible within the confines of the allotted grant funds. The Manager of Public Works has revised the project with the original grant intent remaining intact and offered an altered project to be in line with the original budget allocation. An RFP was issued in December for consulting services to design and supervise the rerouting of the sewer away from the existing wastewater main that runs from Gould Street down to Berford Street across private property (under the Frosty Freeze) and install a new main down Frank Street to Brown Street, creating a legal easement if required, and increasing the gravity main to allow for storage during high flow events. Five RFPs were received with WSP Canada Inc. being the lowest bid received. All bids were reviewed using a matrix that was included in the RFP package. WSP scored highest in the full evaluation. The Public Works Department is proceeding with the award of the consulting contract to WSP and prior to commencement of actual project construction, the department will provide Council with the total project cost; this information will be finalized after the consultant completes the project design and construction estimate. A tender will at that Regular Council - 19 Jan 2016 Page 39 of 60 Page 1 of 2

40 time be issued for actual construction providing the project can be completed within the allotted budget. The results of the RFP are as follows: WSP Canada Inc. $87, Exp Services Inc. $90, Ainley and Associates Limited $95, B. M. Ross and Associates Ltd. $121, GSS Engineering Consultants Ltd. $129, The RFP results are posted on the Town's website under "Public Notices". Options: As this report is presented for information-only, there are no options provided. Inter-Departmental Impact: There is no inter-departmental impact as a result of this report. Budget Implications: This project was budgeted for 2015 and unspent funds are being carried over to 2016 for project completion.. Approval of Manager of Financial Services Expected Date of Completion: Substantial completion is required by December 2016 Respectfully submitted, Andrew Sprunt Manager of Public Works Date: ^ /-& Regular Council - 19 Jan 2016 Page 40 of 60 Page 2 of 2

41 The Corporation of the Town of South Bruce Peninsula By-Law Number Being a By-Law to Authorize the Mayor and Clerk to Sign an Agreement with Elsinore Community Centre Inc. Whereas Section 8 of the Municipal Act, 2001, Chapter 25, as amended, provides that Section 8 shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; And whereas Section 9 of the Municipal Act, 2001, Chapter 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; And whereas the Corporation of the Town of South Bruce Peninsula is desirous of continuing the operation of the 3 Elsinore Road as a community centre; And whereas Elsinore Community Centre Inc. are desirous of continuing said operation of 3 Elsinore Road. Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That the Mayor and Clerk are hereby authorized to sign an agreement with Elsinore Community Centre Inc. for the operation of 3 Elsinore Road as a community centre. 2. That the agreement shall be attached hereto and form a part of this by-law. Read a first and second time this 19th day of January, Mayor Read a third time and finally passed this 19th day of January, Clerk Mayor Clerk Regular Council - 19 Jan 2016 Page 41 of 60

42 This agreement made this 19th day of January, 2016 Between Elsinore Community Centre Inc. And The Corporation of the Town of South Bruce Peninsula Whereas on the 23rd day of January 1969 a deed was registered as Instrument No conveying the use of the property known as Part Lot 24 Concession A in the Township of Amabel from the trustees of the Amabel Community Centre to the Township of Amabel; And whereas the Amabel Community Centre came to be known as the Elsinore Community Centre and continued to function as a community centre; And whereas upon amalgamation, the Town of South Bruce Peninsula did assume ownership for all properties and lands as were previously in the ownership of the Township of Amabel, Township of Albemarle, Town of Wiarton and Village of Hepworth; And whereas the former Township of Amabel and the Town of South Bruce Peninsula have permitted the Elsinore Community Centre Inc. to operate and manage the property located at 3 Elsinore Road as a community centre; And whereas the Elsinore Community Centre Inc. has provided maintenance and upgrades to the facility and grounds; And whereas the Elsinore Community Centre Inc. provides support and encouragement for the community by providing community functions and the provision of a meeting hall. Now therefore this agreement witnesseth that in consideration of the covenants and agreements hereinafter contained, the parties hereto agree and covenant as follows: That the Town of South Bruce Peninsula shall continue the availability of the property known as Pt Lot 24 Concession A in the former Township of Amabel more commonly known as 3 Elsinore Road. That the Elsinore Community Centre Inc. shall continue said operation of the facilities as a community centre. Regular Council - 19 Jan 2016 Page 42 of 60

43 j That all expenses with regard to the upgrade and ongoing maintenance of the facility and property shall remain the responsibility of the Elsinore Community Centre Inc. That the Town of South Bruce Peninsula shall continue to be responsible for insurance coverage and payment of premiums. That the Town of South Bruce Peninsula shall continue to be responsible for water sampling as per regulations and legislation. That in the event that the parties hereto cease to agree to the use of the property as a community centre, such notice shall be served one party to the other and this agreement shall terminate ninety (90) days after notification is served. That no money shall be exchanged, due or owing for rental or use of the community centre by the Elsinore Community Centre Inc. and the Town of South Bruce Peninsula. That this agreement shall be in full force and effect for a period of five years, ending on January 18, In witness whereof, the parties hereto have set their hand and seal. Signed, sealed and delivered in the presence of: Elsinore Community Centre Inc. Authorized Signator Witness Authorized Signator The Corporation of the Town of South Bruce Peninsula Mayor Clerk We have the authority to bind the Corporation. Regular Council - 19 Jan 2016 Page 43 of 60

44 The Corporation of the Town of South Bruce Peninsula By-Law Number Being a By-Law to Assume Blk B Pl 793, South Bruce Peninsula PIN (LT) into the Municipal Road System Whereas Section 31 of the Ontario Municipal Act, Part III, RSO 2001 does establish that land may become a highway by virtue of a by-law establishing the highway; And whereas Blk B Pl 793 as described in PIN (LT) was deeded to the Town of South Bruce Peninsula and forms part of the traveled road system; And whereas a by-law to formally assume Block B Pl 793 into the municipal road system is required. Therefore the Council of the Corporation of the Town of South Bruce Peninsula hereby enacts as follows: 1. That Blk B Pl 793, South Bruce Peninsula being described in PIN (LT) is hereby assumed as part of the public highway system of the Corporation of the Town of South Bruce Peninsula. Read a first and second time this 19th day of January, Mayor Clerk Read a third time and finally passed this 19th day of January, Mayor Clerk Regular Council - 19 Jan 2016 Page 44 of 60

45 The Corporation of the Town of South Bruce Peninsula By-Law Number Being a By-Law to Authorize Borrowing from Time to Time to Meet Current Expenditures During the Fiscal Year Ending December 31, 2016 Whereas the Municipal Act, 2001 provides authority for a Council by by-law to authorize the Head of Council and the Treasurer to borrow from time to time, by way of promissory note, such sums as the Council considers necessary to meet, until taxes are collected, the current expenditures of the Corporation for the year; And whereas the total amount which may be borrowed from all sources at any one time to meet the current expenditures of the Corporation, except with the approval of the Municipal Board, is limited by Section 407(2 and 3) of the Municipal Act. Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That the Head of Council and the Treasurer are hereby authorized to borrow from time to time by way of promissory note during the year 2016 (hereinafter referred to as the current year) such sums as may be necessary to meet, until the taxes are collected, the current expenditures of the Corporation and the other amounts that are set out in Subsection 401(1) of the Municipal Act. 2. That a promissory note or banker s acceptance made under Section 6 shall be signed by the Head of Council or such other person as is authorized by by-law to sign it and by the Treasurer. 3. That the lender(s) from whom amounts may be borrowed under authority of this bylaw shall be Royal Bank, Wiarton, Ontario and such other lender(s) and reserve funds of the municipality as may be determined from time to time by resolution of Council. 4. That the total amount which may be borrowed at any one time under this by-law, together with the total of any similar borrowings that have not been repaid, shall be in accordance with Section 407 (2, 3 and 4) of the Municipal Act. 5. That the Treasurer shall, at the time when any amount is borrowed under this by-law, ensure that the lender is or has been furnished with a certified copy of this by-law. 6. That all or any sums borrowed under this by-law shall, with interest thereon, be a charge upon the whole of the revenues of the Corporation for the current year and for any preceding years as and when such revenues are received; provided but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender. Regular Council - 19 Jan 2016 Page 45 of 60

46 7. That the Treasurer is hereby authorized and directed to apply in payment of all or any sums borrowed under this by-law, together with interest thereon, all or any of the money hereafter collected or received, either on account of or realized in respect of the taxes levied for the current year and preceding years or from any other source, which may lawfully be applied for such purpose. 8. That this by-law shall take effect upon the final passing thereof. Read a first and second time this 19 th day of January, Mayor Read a third time and finally passed this 19 th day of January, Clerk Mayor Clerk Regular Council - 19 Jan 2016 Page 46 of 60

47 The Corporation of the Town of South Bruce Peninsula By-Law Number Being a By-Law to Provide for an Interim Tax Levy and to Provide for the Payment of Taxes and to Provide for Penalty and Interest of 15 Percent Whereas the Municipal Act, 2001, Section 317 provides that the Council of a local municipality may before the adoption of the estimate for the year, pass a by-law to levy on the whole of the assessment of property according to the last revised assessment roll, a sum not to exceed that which would be produced by applying 50 percent of the total amount of taxes for municipal and school purposes levied on each property class for the year Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1. That an interim tax rate which will produce 50% of the total amount of taxes for municipal and school purposes levied on each property class for the year 2015 will be levied. 2. That the said interim levy shall become due and payable in two equal installments, 18th March 2016 and 20th May That on all taxes of the interim levy which are in default on the 31 st day of March and on the 31 st day of May, a penalty of 1 ¼ percent shall be added and thereafter a penalty of 1 ¼ percent will be added on the first day of each and every month the default continues, until December 31, That on all other taxes in default on January 1, 2016, interest shall be added at the rate of 1 ¼ percent per month or fraction thereof and all by-laws and parts of by-laws inconsistent with this policy are hereby rescinded. 5. That penalties and interest added on all taxes of the interim tax levy in default shall become due and payable and shall be collected forthwith as if the same had originally been imposed and formed part of such unpaid interim tax levy. 6. That the Collector may mail or cause the same to be mailed to the residence or place of business of such person indicated on the last revised assessment roll, a written or printed notice specifying the amount of taxes payable. 7. That this by-law shall take effect upon the final passing thereof. Regular Council - 19 Jan 2016 Page 47 of 60

48 Read a first and second time this 19 th day of January, Mayor Read a third time and finally passed this 19th day of January, Clerk Mayor Clerk Regular Council - 19 Jan 2016 Page 48 of 60

49 The Corporation of the Town of South Bruce Peninsula Moved by: C. Gammie Resolution No. Seconded by: Date: January 19, 2016 Whereas the Municipal Act sets several roles of Council, including as follows: Role of council 224. It is the role of council, (a)to represent the public and to consider the well-being and interests of the municipality; (d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; (e)to maintain the financial integrity of the municipality; and And whereas decisions regarding the conduct of legal proceedings are being made without the formal approval of Council, and at times without the knowledge of Council; And whereas this makes it difficult for Council to do its duty as required by the Act; And whereas this also could put the taxpayers of TSBP at great and unnecessary risk. It is therefore resolved that effective immediately, until further notice, all decisions regarding legal matters, those decisions including, but not necessarily limited to: 1) decisions of whether and if so how to defend/respond or otherwise proceed with legal matters; 2) decisions of whether to make claims to an insurance company regarding legal matters; and, 3) decisions of whether to enter mediation or settlement discussions with other parties, if those legal matters could reasonably involve more than $5000 in legal costs or settlement costs or other costs, will be made by Council, by resolution; And that all legal documents related to cases in which TSBP is a party, including, but not necessarily limited to claims, notices, defences, motion records, application records, and affidavits will be sent to Council as soon as they become available to the Town. Mayor Regular Council - 19 Jan 2016 Page 49 of 60