THE CORPORATION OF THE TOWN OF MIDLAND MEETING OF …

THE CORPORATION OF THE TOWN OF MIDLAND

MEETING OF COUNCIL – MONDAY, JUNE 23, 2014

7:00 P.M. COUNCIL CHAMBERS

AGENDA 1. CALL TO ORDER 2. MOMENT OF SILENT REFLECTION 3. DECLARATIONS OF PECUNIARY INTEREST

4. CONSENT AGENDA

Adoption of recommendations as set out on the Consent Agenda for the Regular Meeting of Council on June 23, 2014. (motion)

5. DEPUTATIONS a) Source Water Protection Mr. K. Sherman to address Council regarding the above. b) Tiffin Projects and Restrictive Covenants Mr. J. Colussi, on behalf of the Tiffin By The Bay Home Owners Association, to

address Council regarding the above. 6. ACCOUNTS a) General Accounts For the month of May 2014. (motion) 7. CORRESPONDENCE To be referred to the Vice-Chair of Administration Matters – Councillor P. File a) Access Road to Lawn Bowling Green and Shuffleboard Courts – Donation Request Letter dated June 5, 2014, from Ms. C. Finlayson, Secretary, Midland and District

Lawn Bowling Club, requesting a donation to assist with maintenance of the entry road from King Street into their location on the shore of Little Lake.

Hearing Devices Available Please Ask For Assistance

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b) Ontario Ombudsman Andre Marin May 24 speech to Ontario Police Service Boards on the findings of Justice Morden report on the Toronto Police Board

Letter dated June 6, 2014, from Mr. S. R. Ogden, to the Chairperson Cathy Willis, Midland Police Services Board, and copied to Mayor and Members of Council, regarding the above.

c) Huronia Museum Letter dated June 19, 2014, from Mr. G. French, Chairman, Huronia Museum Board

of Directors, regarding lease agreement. 8. REPORTS

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

a) General Committee Report 2014-6 of its meeting held June 9, 2014 (motions)

To be referred to the Chair of Administrative Matters – Councillor B. Jeffery

b) Audit Committee Appointment Report dated June 16, 2014, from M. Villeneuve, Director of Finance/Treasurer,

recommending that Joel Rumney be appointed to the Audit Committee. (motion) c) 2013 Audited Financial Statements Report dated June 16, 2014, from M. Villeneuve, Director of Finance/Treasurer,

recommending that Council approve the 2013 audited financial statements. (motion)

To be referred to the Chair of Community Services Matters – Councillor G. Canning d) Twisted Pines Event Request

Report dated June 19, 2014, from B. Peter, Director of Parks and Recreation, recommending that Council not approve the Twisted Pines Event Request as outlined in Report PR2014-46. (motion)

To be referred to the Chair of Planning Matters – Councillor J. Attwood

e) Planning and Development Committee Report 2014-6

Meeting held June 4, 2014. (motions) To be referred to Council’s Representative on the Heritage Committee – Councillor

M. Ross f) Heritage Designation of 422 King Street Report dated June 17, 2014, from J. Krushnisky, Planner, recommending that 422

King Street be considered for designation pursuant to 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. (motion)

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9. CONSENT BY-LAW 1. By-law 2014-45 A By-law to authorize the entering into of an Agreement with the Pepsi Bottling

Group for the provision of a Scoreboard and Sound System at the North Simcoe Sports and Recreation Centre and a beverage supply arrangement.

2. By-law 2014-46 A By-law to authorize the entering into an agreement with Re/Max Georgian Bay

Realty Limited for the use of property municipally known as 833 King Street, Midland, Ontario.

3. By-law 2014-47 A by-law to amend By-law 2011-27 being a by-law to require and regulate the filling

up, draining, cleaning and clearing of any grounds, yards or vacant lots within the Town of Midland.

4. By-law 2014-48 A by-law to provide policies with respect to the procurement of goods and services

and to repeal by-law 2004-96. 10. GENERAL BUSINESS

1) Notices of Motion

2) Other Business Introduced by Members of Council or Staff 11. CONFIRMATORY BY-LAW

a) By-law 2014-49 A by-law to adopt the proceedings of the Council Meeting held on June 23, 2014,

and to authorize its execution.

12. ADJOURNMENT

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CONSENT AGENDA MONDAY, JUNE 23, 2014

1. Meeting Minutes a) Regular Meeting of Council held May 26, 2014

Recommendation: “That the Minutes of the Regular Meeting of Council held on

May 26, 2014, be adopted as printed and circulated.” b) Special Meeting of Council held May 22, 2014 Recommendation: “That the Minutes of the Special Meeting of Council held on May

22, 2014, be adopted as printed and circulated.” c) Closed Meeting of Council held May 22, 2014 Recommendation: “That the Minutes of the Closed Meeting of Council held on May

22, 2014, be adopted as printed and circulated.” d) Closed Meeting of Council held May 26, 2014 Recommendation: “That the Minutes of the Closed Meeting of Council held on May

26, 2014, be adopted as printed and circulated.” e) Closed Meeting of Council held June 2, 2014 Recommendation: “That the Minutes of the Closed Meeting of Council held June 2,

2014, be adopted as printed and circulated.” f) Special Meeting of Council held June 4, 2014 Recommendation: “That the Minutes of the Special Meeting of Council held on

June 4, 2014, be adopted as printed and circulated.” g) Closed Meeting of Council held June 9, 2014 Recommendation: “That the Minutes of the Closed Meeting of Council held on June

9, 2014, be adopted as printed and circulated.” h) Special Meeting of Council held June 9, 2014 Recommendation: “That the Minutes of the Special Meeting of Council held on

June 9, 2014, be adopted as printed and circulated.” i) Closed Meeting of Council held June 12, 2014 Recommendation: “That the Minutes of the Closed Meeting of Council held June

12, 2014, be adopted as printed and circulated.”

2 j) Special Meeting of Council held June 12, 2014 Recommendation: “That the Minutes of the Special Meeting of Council held June

12, 2014, be adopted as printed and circulated.” 2. Meeting Minutes for Information Purposes Only a) Midland Public Library Board Meeting held May 8, 2014 Recommendation: Received as information. b) Midland Accessibility Advisory Committee Meeting held April 7, 2014 Recommendation: Received as information. c) Audit Committee Meeting held June 13, 2014 Recommendation: Received as information.

3. General Items for Information

a) June and August Committee and County Council Meeting Dates Email dated June 17, 2014, from Ms. B. Clark, Clerk, County of Simcoe, providing

the June and August Committee and Council meeting dates and requesting that this information be circulated to those with the municipality that may be interested.

Recommendation: Received as information. b) Tree Seedling Distribution Program Letter dated May 22, 2014, from Ms. M. Hudolin, Wetlands & Habitat Biologist,

Severn Sound Environmental Association, thanking staff and Council for assisting with the planning, promoting and implementing of the above program.

Recommendation: Received as information. c) Federal Gas Tax Fund Letter dated May 29, 2014, from Mr. R. Powers, AMO President, providing

information regarding the benefits of the federal Gas Tax Fund. Recommendation: Received as information. d) Closed Meeting Complaint – March 17, 2014 Closed Council Meeting Email dated May 29, 2014, from Ms. Y. Heggie, Early Resolution Officer, Open

Meeting Law Enforcement Team, Ombudsman Ontario, providing a letter confirming their review and findings with respect to the above complaint.

Recommendation: Received as information and to be posted on the Town’s website.

3 e) Dividend Payment Letter dated May 26, 2014, from Ms. C. Bell, Chief Financial Officer, Midland Power

Utility Corporation, declaring a dividend to the Town of Midland and providing a dividend payment.

Recommendation: Received as information. f) Thank you – Butter Tart Festival Town Crier Event Email dated June 16, 2014, from Mr. S. J. Travers, Town Crier Barrie Ontario,

thanking the Town Crier for Midland, Judy Contin and her husband Jack, for organizing a wonderful event for the members of the Ontario Guild of Town Criers.

Recommendation: Received as information. g) Building Canada Fund Letter dated May 28, 2014, from Mr. B. Stanton, MP Simcoe North, acknowledging

receipt of our correspondence regarding the above fund and requesting a copy of the application, should we choose to submit one to the Ontario Ministry of Infrastructure under the Provincial-Territorial Infrastructure Components.

Recommendation: Received as information. h) 2014 Mandarin MS Walk Letter dated May 27, 2014, from Ms. T. Ritchie, Walk Coordinator, MS Society, ON

& Nunavut Division, and Ms. M. Jarvis, Chapter Manager, MS Society, Simcoe County Chapter, thanking Council for their support of this year’s MS Walk on May 4, 2014.

Recommendation: Received as information.

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Minutes of the Regular Meeting of Council held on Monday, May 26, 2014, at 7:00 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors Z. Pendlebury,

P. File, G. Canning, M. Ross, J. Attwood and J. Charlebois Regrets: Councillor B. Jeffery Also Present: Director of Planning and Development/Deputy CAO, W. Crown

Director of Parks and Recreation, B. Peter Director of Finance/Treasurer, M. Villeneuve Director of Public Works, S. Berriault Town Engineer, J. Galloway Director of Fire Service/Emergency Management, Fire Chief, K. Foster Acting Clerk, L. Lee Deputy Clerk/Senior Executive Assistant, K. Desroches 1. CALL TO ORDER 2. MOMENT OF SILENT REFLECTION

Mayor G. McKay called the meeting to order at 7:00 p.m. 3. DECLARATIONS OF PECUNIARY INTEREST

There were no declarations made at this point.

4. CONSENT AGENDA Adoption of recommendations as set out on the Consent Agenda for the Regular Meeting of Council on May 26, 2014. Moved by S. Kramp Seconded by P. File

That Council adopt the recommendations as set out on the Consent Agenda for the Regular Meeting of Council held May 26, 2014.

CARRIED.

5. PRESENTATION a) Midland Atoms Hockey Team - O.M.H.A. “BB” Champions 2013-2014

Mayor McKay presented medallions to the Midland Atoms Hockey Team, winners of the Ontario Minor Hockey Association (OMHA) “BB” championship.

______________________________________________________________________________ Regular Council - 2 - May 26, 2014

b) Fire Service Certifications

Chief Foster presented certificates to K. Corriveau, and J. Mark for successfully completing the Fire Service Professionals Certification training which recognizes performance standards, educational/training and job experience requirements as approved by the Office of the Fire Marshal and accepted by the Ontario Association of Fire Chiefs. D. Hebner and M. Irvine were also named as certificate recipients but not in attendance.

6. DEPUTATIONS a) Huronia Museum Three Year Strategic Plan

Ms. N. Born, Executive Director, Huronia Museum, provided an overview of the objectives of the Huronia Museum’s Three Year Strategic Plan, highlighting initiatives to be undertaken to engage the community, increase attendance and membership, increase collections, provide for exhibit renewal, and fundraising.

Mayor McKay thanked Ms. Born for her presentation. b) Sewage Maintenance Inspection Program

Mr. S. Ashley spoke in opposition to the universal imposition of the Sewage Maintenance Inspection Program. Mr. Ashely advised that Section 1.10 of the Building Code excludes the vast majority of septic systems in Midland and, accordingly, the program should only target those properties that are in close proximity to water.

Mayor McKay thanked Mr. Ashley for his deputation.

Council directed staff to bring forward a further report to General Committee.

c) Request for Compassionate Stay for Two Extra Dogs at 254 Third Street

Ms. B. Adam spoke to the circumstances that have resulted in her possession of four doges and requested that Council give consideration to providing for an exemption to the Town’s by-law which permits only two dogs per household. Council referred the matter to the Municipal Law Enforcement Officer for a report and directed that enforcement be stayed until a decision on the matter has been made.

Mayor McKay thanked Ms. Adam for her deputation.


7. ACCOUNTS a) General Accounts Moved by P. File Seconded by M. Ross

That the Accounts for the month of April 2014, totalling $1,159,551.50 be approved and confirmed as paid.

CARRIED. 8. CORRESPONDENCE a) Huronia Museum

Council reviewed a letter dated April 25, 2014, from Mr. G. French,

Chairman, Huronia Museum Board, outlining various concerns. Deputy Mayor Kramp raised a question regarding the contentiousness of

the letter and its placement on the Council agenda. Deputy Mayor Kramp moved a verbal motion requesting that Council

receive a report on the contentious letter protocol. The motion was seconded by Councillor Ross and then defeated.

b) Ontario’s Best Butter Tart Festival Councillor Canning declared a pecuniary interest by reason of his

participation and vacated his seat. Council reviewed a letter dated May 13, 2014, from Ms. B. Rowlandson,

Event Manager, Ontario’s Best Butter Tart Festival and Contest, Downtown Midland B.I.A., following which it was then,

Moved by P. File Seconded by S. Kramp

That further to correspondence, dated May 13, 2014, from the Downtown Midland BIA, Council agree to further sponsor the Butter Tart Festival in the additional amount of $2,000; such funds to be appropriated from the Council Discretionary Reserve.

CARRIED. At the invitation of Council, Ms. Rowlandson highlighted the events and

activities planned for this year’s annual Buttertart Tart Festival. Councillor Canning returned to his seat.


c) Noise By-law Exemption Request Council reviewed a letter dated May 9, 2014, from Mr. T. Beausoleil, MSS

Auto Show Club Staff Advisor, following which it was then, Moved by P. File Seconded by J. Attwood

That Council herein grants permission to Midland Secondary School for exemption to the Noise By-law to accommodate the Midland Secondary School Auto Show 2015, on Friday, May 29 and Saturday, May 30, 2015.

CARRIED. d) Special Events Banners Council reviewed a letter dated May 21, 2014, from Mr. B. Brodeur,

Coordinator, Marketing and Media Relations, Huronia Historical Parks, Sainte-Marie among the Hurons, Discovery Harbour, following which it was then,

Moved by P. File Seconded by J. Attwood

That Council herein grants permission to Huronia Historical Parks, Sainte-Marie among the Hurons, Discovery Harbour, to hang banners at the Kelsey’s and King Street location to promote the following two new special events as part of the 200th Anniversary of Discovery Harbour:

Family Discovery Day on July 26, 2014; Festival of Peace Event on August 9-10, 2014.

CARRIED.

e) 2014 Midland Canada Day Parade Council reviewed a letter dated May 8, 2014, from Mr. M. Tinney, Midland

Civitan Club, following which it was then, Moved by P. File Seconded by J. Attwood

That permission be granted to the Midland Civitan Club to hold a Canada Day Parade on Tuesday, July 1, 2014, in the Town of Midland; provided that a Certificate of Liability Insurance in the amount of $2 million is received prior to the event, naming the Town of Midland as an additional insured, and all requirements of municipal departments are met;


And further that King Street be closed from Bayshore Drive to Little Lake Park Road.

CARRIED. f) Provincial Oversight – Office of the Ombudsman Council reviewed a letter dated March 14, 2014, from Mr. C. Patterson,

Warden, County of Simcoe, following which it was then, Moved by J. Charlebois Seconded by J. Attwood

That the Council of The Corporation of the Town of Midland herein supports the County of Simcoe’s resolution contained in its letter, dated March 14, 2014, to the Provincial Government expressing concern over the recent announcement regarding the possibility of provincial oversight of municipalities through the Office of the Ombudsman.

And that copies of this resolution and the Town of Midland resolution be forwarded to:

Premier Kathleen Wynne The County of Simcoe Garfield Dunlop, MPP, Simcoe North

DEFEATED.

g) The Guesthouse Shelter – Requested Zoning Change i) Council reviewed a letter dated May 25, 2014, from Mr. R Sykes,

Chief Executive Officer, offering proposals to clarify their plans and to address the concerns raised to date by downtown businesses, neighbours and others regarding the organization’s request for a zoning change.

ii) Councillor File spoke to an email dated May 26, 2014, from Mr. S.

Campbell, requesting that Council defer consideration of any zoning by-law amendments in the downtown until completion of the Downtown Master Plan Study.

It was then, Moved by P. File Seconded by S. Kramp

That discussion on Zoning Amendment Application No. 2BA-14 respecting 522 Elizabeth Street (The Guesthouse Shelter)


be deferred to a Special Meeting of Council to be held on Wednesday, June 4, 2014, (after the PDC meeting);

And that staff be requested to report on the revisions proposed in the correspondence from The Guesthouse Shelter dated May 26, 2014, and to make any revisions to the proposed zoning amendment by-law, if appropriate.

CARRIED.

h) Midland Seniors Council Resignation


That the resignation from Lety Dudgeon, as a member of the Midland Seniors Council, be accepted with thanks and appreciation for her contributions.

CARRIED.

9. REPORTS

h) Tender for Line Painting - Two Year Contract - 2014 & 2015

Council reviewed a report dated May 21, 2014, from S. Berriault, Director of Public Works, following which it was then,

Moved by S. Kramp Seconded by P. File

That, as recommended in Staff Report PW C2014-004 dated May 26, 2014, that the Tender from Midwestern Line-Striping Inc. for Traffic Line Painting for two (2) years (2014 and 2015) in the amount of $72,710, exclusive of all taxes, be accepted.

CARRIED. i) Tender for Vindin Pump Station - Shored Excavation

Council reviewed a report dated May 21, 2014, from J. Galloway, Town Engineer, following which it was then,


That, as recommended in Staff Report PW C2014-005 dated May 26, 2014, that the tender from Ward and Burke Microtunnelling Ltd. to deliver the shored excavation in preparation for the installation of the proposed Vindin Sewage Pump Station in the amount of $351,000, exclusive of all taxes, be accepted.

CARRIED.


a) General Committee Report 2014-5 of its meeting held May 12, 2014

a. Midland Cultural Advisory Committee (MCAC) Terms of Reference (Reference Section A, Item #1, of the above Report) Moved by G. Canning Seconded by Z. Pendlebury

Further to the Report PR-2014-31, dated April 25, 2014, Council approves the terms of reference included in the report with respect to the establishment of the Midland Cultural Advisory Committee, with the following changes:

That the membership term be two years in lieu of

four years; That the membership of the Committee be

expanded, as the need arises, subject to Council approval.

CARRIED. b. Georgian Bay Trails (Reference Section A, Item #3, of the above Report) Moved by G. Canning Seconded by M. Ross

That, as recommended in Report PR 2014-28, dated April 22, 2014, Council appoint Dave Hamelin, Parks and Harbour Manager, as the staff representative to liaise with and provide support and expertise related to the initiatives of the Georgian Bay Trails Committee.

CARRIED.

c. Geese Management Plan (Reference Section A, Item #4, of the above Report) Moved by G. Canning Seconded by Z. Pendlebury

That, as recommended in Report 2014-32 dated April 28, 2014, Council authorize staff to prepare an agreement with Mr. Bob Caley to provide services to control Canada Geese in Little Lake Park.

CARRIED.


d. February 12, 2014 – Letter from Pat Murray (Reference Section A, Item #5, of the above Report) Moved by G. Canning Seconded by M. Ross

That Report PR-2014-33 dated April 28, 2014, regarding a portion of the Georgian Bay Snowriders Club Trail at Recycling Specialties Inc. be received as information and that staff notify Mr. Murray of the findings.

CARRIED. e. Proposed 5km Run

(Reference Section A, Item #6, of the above Report) Moved by G. Canning Seconded by Z. Pendlebury

That, as recommended in Report PR-2014-36 dated May 6, 2014, Council approve the 5Km run hosted by No Borders Fitness for June 30, 2014, with the alternate route in lieu of William Street; provided a certificate of insurance for two million dollars liability insurance naming the Town of Midland as an additional named insured is provided.

CARRIED.

f. Bike Week – July 11-20, 2014 (Reference Section B, Item #2, of the above Report) Moved by P. File Seconded by J. Attwood

That, further to Report ML-2014-3 dated May 6, 2014, free on-street parking be permitted for motorcycles from July 11 to 20, 2014, in conjunction with Bike Week.

CARRIED.

g. Streamlining Council Agendas (Reference Section B, Item #3, of the above Report) Moved by P. File Seconded by J. Attwood

That, further to Report CL-2014-11 dated April 28, 2014, Council adopt the Tag Day Policy set out in Schedule “A” of the Report as amended to incorporate the requirement of a monthly report from the Clerk.

That, further to Report CL-2014-11 dated April 28, 2014, Council adopt the Proclamations and Flag Raisings


Policy set out in Schedule “B” of Report CL-2014-11 as amended to incorporate the requirement of a monthly report from the Clerk.

That, as recommended in Report CL-2014-11 dated April 28, 2014, Council adopt the Direct Response Policy set out in Schedule “D” of Report CL-2014-11, as amended to include the addition of consent correspondence.

That, as recommended in Report CL-2014-11 dated April 28, 2014, staff be directed to review current and proposed delegation opportunities and to report back to Council.

That, as recommended in Report CL-2014-11 dated April 28, 2014, Council consider the following in the 2015 budget process:

a. review of Council Procedure By-law; b. implementation of a Corporate Policy Manual; c. enhancements to the current agenda

preparation and records management software. CARRIED. h. Joint Compliance Audit Committee 2014

(Reference Section B, Item #4, of the above Report) Moved by P. File Seconded by J. Attwood

That, further to Report CL-2014-10 dated May 5, 2014, staff bring forward the appointment by-law for the Joint Compliance Audit Committee to the May Council Meeting for consideration.

CARRIED.

i. Revised 2013 Surplus Allocation (Reference Section B, Item #5, of the above Report) Moved by P. File Seconded by J. Attwood

That, further to Report TR-2014-21 dated April 29, 2014, the 2013 Year End Position be allocated as follows:

$ 97,030 from Tax Stabilization Reserve $ 25,000 to General Operating Reserve $ 52,416 to Office Equipment Reserve $ 37,423 from Planning Operating Reserve $ 20,000 to Fire Rescue Grant Reserve $ 36,169 to Fire Equipment/Vehicle Reserve


$ 20,000 to NSSRC Facility Reserve $ 8,279 to NSSRC Equipment Reserve $ 19,784 from Library Capital Reserve $250,000 to Winter Maintenance Reserve $ 6,152 to Building Department Reserve $ 20,554 from Waterfront Operating Reserve $186,983 from Wastewater Reserve $571,820 to Water Reserve

That the 2013 Police Year End Position of $63,188 be used to reduce the 2014 budgeted tax requirement;

That $170,000 of the town-wide 2013 surplus be used to reduce the 2014 budgeted tax requirement;

That $30,000 be allocated to:

$5000 Street Outreach $7000 Affordable Recreation $500 Seniors Council $10,000 Trails $7,500 Library Collection

And that the 2014 budget by-law be brought to May 26, 2014 Council with the above noted changes for final passage.

CARRIED. Moved by P. File Seconded by S. Kramp

That the Director of Parks and Recreation be directed to report on the cost, usage and demand of rugby fields in the Town of Midland; and

That budget implications for 2014 and 2015 be addressed in this report.

CARRIED. Moved by S. Kramp Seconded by P. File

That General Committee Report 2014-5 of its meeting held May 12, 2014, be adopted as printed and circulated.

CARRIED.

b) Committee/Utility/Board Appointments – May 2014

Council reviewed a report dated May 22, 2014, from L. S. Lee, Acting Clerk, recommending appointments to various committees



THAT Council appoint Keith B. Day to fill a vacancy on the Midland Heritage Committee for a term to expire November 30, 2014.

CARRIED. Moved by P. File Seconded by J. Attwood

THAT Council appoint Carole Ann Nichols to fill a vacancy on the Midland Accessibility Advisory Committee for a term to expire November 30, 2014.


THAT Council re-appoint John Dion to the Midland Power Utility Corporation Board of Directors for a three-year term, from May 1, 2014 to April 30, 2017.


THAT Council appoint the following two BIA representatives to the Downtown Master Plan Steering Committee for a term to expire November 30, 2014: Steve Maurice Scott Campbell

CARRIED.


THAT Council appoint Glen Canning to the Economic Development Corporation of North Simcoe (ECDNS) for a term to expire November 30, 2014.

CARRIED.

c) 2014 Tax Rate By-law

Council reviewed a report dated May 14, 2014, from M. Villeneuve, Director of Finance/Treasurer, recommending that Council adopt the 2014 Tax Rate By-law.


That, as recommended in Staff Report TR-2014-24, dated May 26, 2014, Council adopt the 2014 Tax Rate By-law.


A recorded vote was requested.

AYE NAY Deputy Mayor S. Kramp X Councillor P. File X Councillor G. Canning X Councillor J. Charlebois X Councillor Z. Pendlebury X Councillor M. Ross X Councillor J. Attwood X Mayor G. McKay X

CARRIED.

d) Federal Gas Tax Agreement

Council reviewed a report dated May 7, 2014, from M. Villeneuve, Director of Finance/Treasurer, following which it was then,

Moved by Z. Pendlebury Seconded by G. Canning

That, as recommended in Staff Report TR-2014-23 dated May 26, 2014, Council pass By-law 2014-36, being a by-law to authorize the entering into of an Agreement with Association of Municipalities of Ontario (AMO), which is the association designated to administer Federal Gas Tax funds, for the period April 1, 2014 until March 31, 2024.

CARRIED.

e) Proposed Ribfest Event

Council reviewed a report dated May 20, 2014, from B. Peter, Director of Parks and Recreation, following which it was then,

Moved by M. Ross Seconded by G. Canning

That, as recommended in Staff Report PR 2014-33, dated May 20, 2014, Council approve the proposed Ribfest Event for August 22-24, 2014, provided all requirements of the AGCO and the Town’s Special Events policies are met.

CARRIED. f) Proposed Watercross Event

Council reviewed a report dated May 20, 2014, from B. Peter, Director of Parks and Recreation, following which it was then,

Moved by G. Canning


Seconded by Z. Pendlebury That, as recommended in Staff Report PR 2014-38, dated May 20, 2014, Council approve the proposed Ontario Watercross 1st Annual Midland Race for Saturday, July 26, 2014, in Little Lake Park, provided all requirements of the Town’s Special Events Policies are followed.

CARRIED. g) Tender for Sale of Surplus Equipment - 2003 One-Ton Truck

Council reviewed a report dated May 21, 2014, from S. Berriault, Director of Public Works, following which it was then,

Moved by G. Canning Seconded by Z. Pendlebury

That, as recommended in Staff Report PW C2014-003 dated May 26, 2014, the tender from Christopher Morden to purchase the surplus 2003 One-Ton Truck from Public Works Maintenance Operations inventory in the amount of $5,300, exclusive of all taxes, be accepted.

CARRIED. j) Planning and Development Committee Report 2014-5 Meeting held May 14, 2014. Councillor J. Attwood presented and reviewed the above report, and the

following items of business were recorded.

i) OMB Appeal – OPA-02-13 - G. Watters – 990 Sumac Lane (Reference Item 2B, of the above Report)

Moved by J. Attwood Seconded by J. Charlebois

That Mr. Edward Veldboom of Russell Christie LLP be retained by the Town in respect of the Appeal of Council’s Refusal of Official Plan Amendment Application File No. OPA-02-13, respecting 990 Sumac Lane (Watters); and

That the Town confirm its position on the Refusal of the Official Plan Amendment Application File No. OPA-02-13, respecting 990 Sumac Lane (Watters).

A recorded vote was requested. AYE NAY

Deputy Mayor S. Kramp X Councillor P. File X


Councillor G. Canning X Councillor J. Charlebois X Councillor Z. Pendlebury X Councillor M. Ross X Councillor J. Attwood X Mayor G. McKay X

CARRIED. ii) Downtown Master Plan - Appointments to Steering Committee (Reference Item 2C, of the above Report) Moved by J. Attwood Seconded by J. Charlebois

That Council approve the appointment of the following three (3) members of Council to the Downtown Master Plan Steering Committee:

Mayor Gord McKay Councillor Jim Attwood Councillor Pat File CARRIED.

iii) Simcoe County Transportation Master Plan Update (Reference Item 2D, of the above Report) Moved by J. Attwood Seconded by J. Charlebois

That Staff Report PL-2014-26 be forwarded to the County of Simcoe Transportation Master Plan coordinator as the comments from the Town of Midland for review and response.

CARRIED.

Moved by J. Attwood Seconded by J. Charlebois That Report 2014-5 of the Planning and Development

Committee of Council meeting dated May 14, 2014 be adopted as printed and circulated.

CARRIED. k) Agreement of Purchase and Sale – Town and Recycling Specialties Inc. Council reviewed a report dated May 12, 2014, from W. Crown, Director of

Planning and Building Services, following which it was then,



That Council consider By-law 2014-41 being a by-law to amend the agreement of purchase and sale respecting 1081 MacDonald Road.

CARRIED. It was then, Moved by P. File Seconded by J. Attwood

THAT the solicitor for the Town be authorized to sign the Minutes of Settlement, as presented to the meeting of Closed Council on May 26, 2014, with respect to Ontario Municipal Board File Numbers PL130804 and PL131029 - OPA #4 and Zoning By-law 2013-4, between The Corporation of the Town of Midland, and Recycling Specialties Inc. (RSI), and AAA Professional Self-storage Inc., and pertaining to 1081 MacDonald Road.

CARRIED. l) Removal of Holding “H” Symbol – Hugel Lofts Inc. – 520 Hugel Avenue

Council reviewed a report dated May 21, 2014, from A. Betty, Planner, following which it was then,


That Zoning By-law Amendment Application No. ZBA-11-11 respecting the removal of the Holding “H” Symbol at 520 Hugel Avenue be approved by Council and that By-law 2014-42 be passed.

CARRIED. m) Midland Police Service

Your Committee reviewed and received as information the Chief’s Report to the Board for April 2014.


That pursuant to Section D, Item 6 of By-law 2010-42, Council agrees to remain in session past 11:00 p.m. in order to deal with matters included on the agenda.

CARRIED.


10. CONSENT BY-LAW Moved by J. Charlebois

Seconded by J. Attwood That leave be granted to introduce the following by-laws:

By-law 2014-34 Agreement between Bob Caley to provide Geese Control Services.

By-law 2014-35 Adopt the estimate of all sums required for the year

and to set the rates of taxation for the year 2014. By-law 2014-36 Municipal Funding Agreement with the Association of

Municipalities of Ontario (AMO) for the Transfer of Federal Gas Tax Revenues.

By-law 2014-38 Agreement with Midwestern Line-Striping Inc. for

Traffic Line Painting. By-law 2014-39 Agreement with Ward and Burke Microtunnelling Ltd.

to deliver the Shored Excavation in preparation for the installation of the Vindin Sewage Pump Station.

By-law 2014-40 Joint Compliance Audit Committee appointments. By-law 2014-41 Agreement of purchase and sale respecting 1081

MacDonald Road (Recycling Specialties Inc.) (RSI). By-law 2014-42 Amend Zoning By-law 2004-90 for the removal of the

Holding “H” Symbol on 520 Hugel Avenue. CARRIED.

Moved by J. Charlebois Seconded by J. Attwood

That By-laws 2014-34, 2014-35, 2014-36, 2014-38, 2014-39, 2014-40, 2014-41 and 2014-42 be read a first, second and third time and finally passed.

CARRIED.

11. GENERAL BUSINESS

1) Notices of Motion


a) MPUC Annual General Meeting


THAT the Town of Midland request the Midland Power Utility Corporation (MPUC) to open its annual general meeting to the public, except for items to be discussed in closed session.

CARRIED. b) North Simcoe Heads of Council (NSHC) Moved by S. Kramp Seconded by P. File

THAT the Town of Midland formally recognize the North Simcoe Heads of Council (NSHC) organization.


AYE NAY Deputy Mayor S. Kramp X Councillor P. File X Councillor G. Canning X Councillor J. Charlebois X Councillor Z. Pendlebury X Councillor M. Ross X Councillor J. Attwood X Mayor G. McKay X

CARRIED.

c) Councillor M. Ross advised that he would be bringing forward a motion at the June Council Meeting regarding the Septic maintenance Program.

d) Town’s Practice of obtaining Legal Advice Moved by P. File Seconded by M. Ross

That staff be directed to report on the Town’s current practice of obtaining legal advice from law firms;

And the options of hiring a town solicitor or retaining a law firm be investigated.

CARRIED.


2) Other Business Introduced by Members of Council or Staff

a) Councillor File advised that the Chigamik Community Health Centre will be holding a meeting tomorrow to discuss how your wellbeing has changed over the years.

b) Councillor File advised that a Seniors Healthcare meeting is being

held at the North Simcoe Sports and Recreation Centre on May 29 at 12:00 noon.

c) Councillor File advised that the Doors Open Huronia is taking place

on June 7 and 8. d) Councillor File advised that June 18 is the deadline for application

for the Seniors Council. e) Deputy Mayor Kramp advised that St. Paul’s Church will be

presenting the Systema Music Group on June 7 at 7:00 p.m. f) Councillor Pendlebury advised of an all candidates meeting being

held on May 29 for the provincial election. g) A Closed Meeting to discuss the Unimin Property has been

scheduled for Monday, June 2, 2014, at 5:30 p.m.

h) A motion to reappoint Deputy Mayor Kramp to the Police Service Board will be presented at the next Council meeting.

12. CONFIRMATORY BY-LAW

a) By-law 2014-43 A by-law to adopt the proceedings of the Council Meeting held on May 26,

2014, and to authorize its execution. Moved by J. Charlebois Seconded by J. Attwood That leave be granted to introduce By-law 2014-43. CARRIED. Moved by J. Charlebois Seconded by J. Attwood

That By-law 2014-43 be read a first, second and third time and finally passed.

CARRIED.


13. ADJOURNMENT Moved by J. Charlebois Seconded by J. Attwood That this Regular Meeting of Council adjourn at 11:22 p.m. CARRIED.

L. S. Lee, A/Director of Corporate Services/Clerk (A)

----------

___________________________________________________________________ Special Meeting of Council 1 May 22, 2014

Minutes of the Special Meeting of Council held Thursday, May 22, 2014, at 7:00 p.m. in the Council Chambers of the Municipal Office.

Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors J. Charlebois, Z.

Pendlebury, J. Attwood, G. Canning, M. Ross and P. File Regrets: Councillor B. Jeffery Also Present: Director of Planning and Building Services/Deputy CAO, W. Crown Director of Parks and Recreation, B. Peter Director of Finance/Treasurer, M. Villeneuve Acting Director of Corporate Services/Clerk, L.S. Lee 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 7:00 p.m. and noted that the purpose of the meeting was to consider the report of the Treasurer respecting Development Charges.

2. Declaration of Pecuniary Interest: No declarations were made at this time. 3. Development Charges:

Report dated May 14, 2014, from the Deputy CAO. Moved by Z. Pendlebury Seconded by G. Canning

THAT Council pass By-law 2014-32 pursuant to section 2(1) of the Development Charges Act in accordance with Staff Report PL-2014-33;

AND THAT Council approves the terms of reference, as amended to reflect that the Committee will set the meeting times, for the Ad Hoc Development Charges Study Working Committee in accordance with Staff Report PL-2014-33 and staff is hereby directed to advertise for applications for the Committee;

AND THAT Council appoint three (3) members to the Ad hoc Development Charges Study Working Committee.

CARRIED.

___________________________________________________________________ Special Meeting of Council 2 May 22, 2014

4. By-law 2014-32: A by-law for the imposition of Development Charges and to repeal By-law 2009-34.

Moved by Z. Pendlebury Seconded by G. Canning THAT By-law 2014-32 be read a first, second and third time and finally

passed. CARRIED.

It was then,


THAT Council appoint the following three members to the Ad hoc Development Charges Study Working Committee: Deputy Mayor Kramp Councillor Canning Councillor Charlebois

CARRIED.

5. Adjourn: Moved by G. Canning Seconded by Z. Pendlebury

THAT this Special Meeting of Council adjourn at 7:24 p.m. CARRIED. ___________________________________

L. S. Lee, Acting Clerk

Closed Meeting of Council 1 May 22, 2014

Minutes of the Closed Meeting of Council held on Thursday, May 22, 2014, at 6:00 p.m., in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors G. Canning, M. Ross,

J. Charlebois, J. Attwood, Z. Pendlebury (part of meeting) and P. File Regrets: Councillor B. Jeffery Also Present: W. Crown, Acting CAO/Director of Building and Planning Services L. S. Lee, Acting Clerk

M. Villeneuve, Director of Finance/Treasurer Guests: M. Rodger by telephone (part of meeting) 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order 6:00 pm and advised that the purpose of the meeting was to discuss the cancellation of the Midland Power Utility Corporation (MPUC) negotiations. 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. 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 by members of Council. The Mayor recommended that if at any point during the meeting if members of Council had a concern they are asked to bring it forward at that point.

2. Declaration of Pecuniary Interest:

None declared at this time.


THAT Council adjourns to a closed session; and further that this portion of the meeting be closed to the public pursuant to section 239 of the Municipal Act, 2001, subsection (2), as indicated:


Subsection 2 a) Security of the property of the municipality or local board

Subsection 2 (b) Personal Matters about an Identifiable Individual

Subsection 2 (c) Proposed or pending acquisition or disposition of land

Subsection 2 (d) Labour relations or employee negotiations

Section 2 (e) Litigation or potential litigation

CARRIED.

3. Cancellation of MPUC Negotiations: Mr. Mark Rodgers joined the meeting by telephone.

Mark Rodgers provided a status report of the events leading up to the cancellation of the MPUC negotiations with Hydro One and answered the questions of members.

6:38 p.m. – Mark Rodger terminated his telephone attendance.

The Director of Finance/Treasurer provided an update on the balance of the Hydro One funds remaining and further invoicing amounts expected from Mark Rodger. Deputy Administrator advised that the Treasurer would report to Council when the final invoices have been received, advising of the final accounting and possible uses for the monies. Members discussed having discussions going forward with the MPUC on the dividend structure and capital structure. These matters could be addressed at the upcoming MPUC annual general meeting.

4. Human Rights Tribunal of Ontario Interim Decision dated April 23, 2014 – re:

Application 2014-16434-I:

Council received as information the Interim Decision, dated April 23, 2014 advising that Application 2014-16434-1 is deferred for three months to July 23, 2014.

Meeting recessed: 6:52 p.m. Meeting reassembled: 7:35 p.m. Councillor Pendlebury joined the meeting.


5. OPSEU Collective Bargaining Update:

Confidential Staff Report HR/HS 2014-8, dated May 20 2014, from the Director of Human Resources/Health and Safety.

The Director of Human Resources/Health and Safety, spoke to her report and answered questions of members. Members provided further direction with respect to the negotiations.

6. Adjournment: Moved by J. Attwood Seconded by J. Charlebois THAT this closed meeting of Council adjourn at 8:37 p.m. CARRIED.

Laura S. Lee Acting Clerk

Closed Meeting 1 May 26, 2014

Minutes of the Closed Meeting held on Monday, May 26, 2014, at 6:00 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors G. Canning, M. Ross, J.

Charlebois, J. Attwood, Z. Pendlebury (part of meeting) and P. File

Regrets: Councillor B. Jeffery Also Present: W. Crown, Deputy CAO/Director of Planning L. S. Lee, Acting Clerk Guests: Paul Peterson HGR

Jennifer Parker, Student-at-Law 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 discuss the proposed minutes of settlement with respect to the appeal of the Official Plan and Zoning amendments with respect to Recycling Specialties Inc. (RSI), and AAA Professional Self-storage Inc., and pertaining to 1081 MacDonald Road. 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. 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 from Council. The Mayor recommended that if at any point during the meeting if members of Council had any other concern they are asked to bring it forward at that point.


No declarations were brought forward.

Closed Meeting 2 May 26, 2014

3. Declaration of Closed Meeting:

Moved by Z. Pendlebury Seconded by J Attwood 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;

Section 2 (e)

Litigation or potential litigation

Section 2 (f) Advice that is subject to solicitor-client privilege

CARRIED.

It was then,

Moved by Z. Pendlebury Seconded by J. Attwood

That staff be directed to bring forward the following motion:

That the solicitor for the Town be authorized to sign the Minutes of Settlement, as presented to the meeting of Closed Council on May 26, 2014, with respect to Ontario Municipal Board File Numbers PL130804 and PL131029 - OPA #4 and Zoning By-law 2013-4, between The Corporation of the Town of Midland, and Recycling Specialties Inc. (RSI), and AAA Professional Self-storage Inc., and pertaining to 1081 MacDonald Road.

CARRIED.

4. Adjournment: Moved by J. Charlebois Seconded by S. Kramp THAT THIS CLOSED MEETING OF COUNCIL ADJOURN AT 6:39 P.M. CARRIED.


Closed Meeting 1 June 2, 2014

Minutes of the Closed Meeting held on Monday, June 2, 2014, at 5:30 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors J. Charlebois, G.

Canning, P. File, Z. Pendlebury, M. Ross and B. Jeffery

Regrets: Councillor J. Attwood Also Present: W. Crown, Deputy CAO/Director of Planning and Building Services

M. Villeneuve, Director of Finance/Treasurer J. Galloway, Town Engineer

L. S. Lee, Acting Clerk Guests: N. Young, Senior Consultant, Stantec P. Peterson, Solicitor 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 discuss the Unimin land acquisition and site characterization. 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. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. Councillor Ross asked why we need to go into closed session as this land transaction has been in the public forum. Mayor McKay and P. Peterson responded that the negotiation position of the Town and sale price will be discussed and this should be in closed session. Councillor File advised she will be leaving by 6:45 p.m. to attend another meeting. The Mayor recommended that if, at any point during the meeting, members of Council had any other concern they are asked to bring it forward at that point.


No declarations were brought forward.


3. Declaration of Closed Meeting: Moved by J. Charlebois

Seconded by P. File THAT Council adjourns to a closed session; and further that this

portion of the meeting be closed to the public pursuant to section 239 of the Municipal Act, 2001, subsection (2), as indicated:


CARRIED.

4. Unimin Land Acquisition and Site Characterization: Report dated May 26, 2014, from the Director of Planning and Building Services and the Town Engineer. FILE: L07-UNIMIN The Town of Midland Operating and Capital Quarterly Financial Report - Midland Waterfront as of December 31, 2014 sheet, from the Treasury Department, was available on desk. The Deputy CAO spoke to the report, dated May 26, 2014. The Deputy CAO, Nick Young, Stantec, and Paul Peterson, solicitor, answered questions.

Nick Young left the meeting at 6:50 p.m. Members discussed the negotiating strategy. 6:59 p.m. – Councillors File and Pendlebury left the meeting.

Staff was provided with direction to continue negotiations with Unimin Canada Ltd.

5. Adjournment: Moved by J. Charlebois Seconded by M. Ross THAT this closed meeting of Council adjourn at 7:02 p.m. CARRIED.


___________________________________________________________________ Special Meeting of Council 1 June 4, 2014 S:\Agendas\Council\2014\June\Reports\June 4 Special Meeting.doc

Minutes of the Special Meeting of Council held Wednesday, June 4, 2014, at 8:15 p.m. in the Council Chambers of the Municipal Office.

Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors J. Charlebois,

Z. Pendlebury, J. Attwood, G. Canning, B. Jeffery, M. Ross and P. File Also Present: Director of Planning and Building Services/Deputy CAO, W. Crown Executive Assistant, S. Edgar Planning Student, J. Lefaive Deputy Clerk/Senior Executive Assistant, K. Desroches 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 8:15 p.m. and noted that the purpose of the meeting was to consider and discuss Zoning By-law Amendment Application No. ZBA-01-14 respecting 522 Elizabeth Street (The Guesthouse Shelter) and what direction Council would like to take concerning the By-law.

2. Declaration of Pecuniary Interest: No declarations were made at this time. 3. Zoning Amendment Application No. ZBA-01-14 – 522 Elizabeth Street

(The Guesthouse Shelter):

The Director of Planning and Building Services/Deputy CAO introduced the matter. Council at the invitation of the Chair provided comments. Deputy Mayor Kramp recommended a study of vacancy rates for commercial office space be undertaken by staff to assist Council in their decision regarding the Zoning By-law Amendment Application. A verbal motion regarding the matter was presented and defeated. It was then,

Moved by M. Ross Seconded by G. Canning

That discussion on Zoning Amendment Application No. ZBA-01-14 respecting 522 Elizabeth Street (The Guesthouse Shelter) be deferred to a future meeting of Council pending further community discussions with the Guesthouse Shelter until July 14.


A recorded vote was requested. Aye Nay Mayor G. McKay X Deputy Mayor S. Kramp X Councillor B. Jeffery X Councillor P. File X

Councillor G. Canning X Councillor J. Attwood X Councillor M. Ross X Councillor J. Charlebois X Councillor Z. Pendlebury X

DEFEATED. It was then, Moved by Z. Pendlebury Seconded by B. Jeffery

That Zoning By-law Amendment Application No. ZBA-01-14 respecting 522 Elizabeth Street (The Guesthouse Shelter) be approved and that the required implementing Zoning By-law Amendment, as amended, be passed; and,

That pursuant to section 34(17) of the Planning Act, Council determines that no further notice of the proposed By-law is required as the changes to the proposed By-law are minor in nature.


Aye Nay Deputy Mayor S. Kramp X

Councillor Z. Pendlebury X Councillor P. File X

Councillor J. Attwood X Councillor G. Canning X Councillor M. Ross X

Councillor B. Jeffery X Councillor J. Charlebois X

Mayor G. McKay CARRIED.

4. By-law 2014-37: A by-law to amend Zoning By-law 2004-90, as amended, to rezone 522 Elizabeth Street Moved by B. Jeffery Seconded by M. Ross

That leave be granted to introduce the following by-law:


By-law 2014-37 Amend Zoning By-law 2004-90, as amended, to rezone 522 Elizabeth Street.

CARRIED.

It was then, Moved by B. Jeffery Seconded by M. Ross

That By-law 2014-37 be read a first, second and third time and finally passed.


Aye Nay Councillor J. Charlebois X

Councillor Z. Pendlebury X Councillor B. Jeffery X Councillor P. File X

Councillor G. Canning X Councillor J. Attwood X Councillor M. Ross X

Deputy Mayor S. Kramp X Mayor G. McKay X

CARRIED.

5. Adjourn: The meeting adjourned at 9:21 pm. ___________________________________

K. Desroches, Deputy Clerk


Minutes of the Closed Meeting held on Monday, June 9, 2014, at 6:00 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors J. Charlebois, G.

Canning, Z. Pendlebury, M. Ross, B. Jeffery and J. Attwood

Regrets: Councillor P. File

Also Present: W. Crown, Deputy CAO/Director of Planning and Building Services M. Villeneuve, Director of Finance/Treasurer J. Galloway, Town Engineer

L. S. Lee, Acting Clerk Guests: P. Peterson, Solicitor (part of meeting) 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 discuss citizen appointments to the Downtown Master Plan Study Steering Committee and to discuss the Unimin land acquisition and site characterization. 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. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. None received.


No declarations were brought forward. 3. Declaration of Closed Meeting:

Moved by J. Charlebois

Seconded by J. Attwood That Council adjourn to an in camera session;



Subsection 2 (b) Personal Matters about an Identifiable Individual


CARRIED.

3. Appointments to Downtown Master Plan Study Steering Committee Report dated June 5, 2014, from the Acting Clerk. Moved by J. Charlebois Seconded by J. Attwood

THAT staff be directed to prepare a motion for Council to appoint citizen members to the Downtown Master Plan Steering Committee.

CARRIED. 4. Unimin Land Acquisition and Site Characterization Paul Peterson, solicitor for the Town, joined the meeting.

The Director of Planning and Building Services/Deputy CAO provided a

power point presentation setting out the response from Unimin to the recent offer and providing the options available with respect the to the purchase decision.

Members of Council asked questions of the Deputy CAO and the solicitor. Staff were provided with direction to return to negotiations with Unimin.

4. Adjournment: Moved by J. Charlebois Seconded by J. Attwood THAT THIS CLOSED MEETING OF COUNCIL ADJOURN AT 6:56 P.M. CARRIED.


___________________________________________________________________ Special Meeting of Council 1 June 9, 2014

Minutes of the Special Meeting of Council held Monday, June 9, 2014, at 11:15 p.m. in the Council Chambers of the Municipal Office. Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors J. Charlebois, Z.

Pendlebury, J. Attwood, G. Canning, M. Ross, B. Jeffery and P. File Also Present: Director of Planning and Building Services/Deputy CAO, W. Crown Director of Finance/Treasurer, M. Villeneuve Acting Director of Corporate Services/Clerk, L.S. Lee 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 11:15 p.m. and noted that the purpose of the meeting was to consider appointments to the Downtown Master Plan Steering Committee and to consider the termination of Councillor Canning’s temporary appointment and the appointment of Deputy Mayor Kramp to the Midland Police Services Board.

2. Declaration of Pecuniary Interest: No declarations were made at this time. 3. Police Services Board – OCPC Investigation: Letter dated May 26, 2014, from Midland Police Services Board regarding the Deputy

Mayor’s Status on the Police Service Board. (motion)

Moved by M. Ross Seconded by P. File WHEREAS Council, at its meeting held on February 18, 2014, adopted

Resolution Number 2014-81 to provide tor the appointment of a temporary member to the Midland Police Services Board (MPSB), pending the conclusion of the Ontario Civilian Police Commission (OCPC) investigation and further resolution of Council terminating the temporary appointment;

AND WHEREAS Council, at its meeting held on February 18, 2014,

adopted Resolution Number 2014-82 to appoint Councillor G. Canning temporarily, pending the conclusion of the said investigation and further resolution of Council terminating the temporary appointment;

AND WHEREAS the MPSB has advised, by way of letter dated May 26,

2014, that the OCPC has concluded its investigation and that Deputy Mayor Kramp may resume his duties on the Board.


NOW THEREFORE BE IT RESOLVED:

1. THAT the temporary appointment of Councillor G. Canning to the MPSB be terminated;

2. THAT Deputy Mayor Kramp be appointed a member of the MPSB for a term to expire November 30, 2014;

3. THAT Schedule “D” of By-law Number 2013-66, the committee appointment by-law for the Town of Midland, be amended to reflect the termination of Councillor G. Canning from the membership of the MPSB, and the appointment of Deputy Mayor Kramp to the MPSB, for a term expiring November 30, 2014.


AYE NAY Councillor B. Jeffery X Councillor J. Charlebois X Councillor P. File X Councillor G. Canning X Deputy Mayor S. Kramp X Councillor J. Attwood X Councillor Z. Pendlebury X Councillor M. Ross X Mayor G. McKay X

CARRIED.

4. Appointments to the Downtown Master Plan Steering Committee:

Moved by M. Ross Seconded by B. Jeffery

THAT the following be appointed to the Downtown Master Plan Steering Committee as the property owner/business owner citizen representatives from outside the BIA but located with the Downtown Master Plan Study area:

Katherine Blake Andre Sanche

CARRIED.

5. Adjourn: Moved by B. Jeffery Seconded by M. Ross THAT this Special Meeting of Council adjourn at 11:26 p.m. CARRIED.

___________________________________



Minutes of the Closed Meeting held on Thursday, June 12, 2014 at 7:00 p.m. in the Municipal Office Council Chambers. Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors J. Charlebois, G.

Canning, Z. Pendlebury, B. Jeffery, J. Attwood, P. File (part of meeting), and M. Ross (part of meeting)

Also Present: W. Crown, Director of Planning and Building Services/Deputy CAO L. S. Lee, Acting Clerk Guests: P. Peterson, Solicitor 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 7:00 pm. Mayor McKay advised that he has had a request to delay proceeding into closed session to wait for all Councillors to arrive. Members agreed to begin the meeting immediately. Mayor McKay advised that the purpose of the meeting was to discuss the Unimin land acquisition – agreements of purchase and sale. 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. Mayor McKay asked Council if they had any concerns with moving into a closed session based on the purpose of the meeting. None received


No declarations were brought forward. 3. Declaration of Closed Meeting:

Moved by J. Attwood

Seconded by J. Charlebois That Council adjourn to an in camera session;




CARRIED. 7:14 p.m. Deputy Mayor Kramp and Mayor McKay left the meeting. 7:17 p.m. Mayor McKay returned to the meeting. 7:18 p.m. Deputy Mayor Kramp returned to the meeting.

4. Unimin Land Acquisition – Agreements of Purchase and Sale File: L07-UN Copies of the amendments to the two agreements of purchase and sale for the two

parcels were distributed. The Director of Planning and Building Services/Deputy CAO provided a status

update on the negotiations and the terms of the amendments to the two agreements of purchase and sale.

Members of Council asked questions of the Deputy CAO and the solicitor,

specifically with respect to environmental indemnities, and environmental insurance. 7:25 p.m. – Councillor File joined the meeting. Members continued to ask questions of the Deputy CAO and the solicitor. 7:35 p.m. – Councillor Ross joined the meeting. Members continued to ask questions of the Deputy CAO and the solicitor. Direction was provided to staff to bring forward a by-law to the Special Meeting of

Council following this meeting.

5. Adjournment: Moved by J. Charlebois Seconded by J. Attwood THAT this closed meeting of Council adjourn at 8:25 p.m. CARRIED.



Minutes of the Special Meeting of Council held Thursday, June 12, 2014, at 8:30 p.m. in the Council Chambers of the Municipal Office.

Present: Mayor G. McKay, Deputy Mayor S. Kramp, Councillors J. Charlebois, Z.

Pendlebury, J. Attwood, G. Canning, M. Ross, B. Jeffery and P. File Also Present: Director of Planning and Building Services/Deputy CAO, W. Crown Acting Director of Corporate Services/Clerk, L.S. Lee Guests: Paul Peterson, solicitor 1. Call to Order and Purpose of Meeting:

Mayor G. McKay called the meeting to order at 8:29 p.m. and noted that the purpose of the meeting was to discuss the Unimin Canada Limited agreements of purchase and sale.

2. Declaration of Pecuniary Interest: No declarations were made at this time. 3. Unimin Canada Limited – agreements of purchase and sale


That leave be granted to introduce the following by-law: By-law 2014-44 A by-law to authorize amendments to the Agreements

of Purchase and Sale for the purchase of lands municipally known as 420 Bayshore Drive and 430 Bayshore Drive, more particularly described as PIN 58452-0183 and PIN 58452-0179

CARRIED. It was then,

Moved by J. Charlebois Seconded by J. Attwood THAT By-law 2014-44 be read a first, second and third time and finally

passed.


A recorded vote was requested. AYE NAY Councillor G. Canning X Councillor B. Jeffery X Councillor P. File X Councillor M. Ross X Councillor J. Attwood X Councillor Z. Pendlebury X Councillor J. Charlebois X Deputy Mayor S. Kramp X Mayor G. McKay X

CARRIED. Councillor Ross left the meeting. 4. Adjournment: Moved by J. Attwood Seconded by J. Charlebois THAT this Special Meeting of Council adjourns at 8:54 p.m. CARRIED.

___________________________________


Report of the Midland Accessibility Advisory Committee Meeting held Monday, April 7, 2014, at 1:00 p.m. in the Municipal Office Council Chambers. Present: R. Mable (Chair), C. Boucher, T. Stadt, E. Appleton

and F. Moreau Regrets: Councillor G. Canning Also Present: L. Symmes, IT Manager/GIS

K. Desroches, Deputy Clerk/Senior Executive Assistant

1. Call to Order R. Mable called the meeting to order at 1:05 p.m. 2. Declarations of Pecuniary Interest

C. Boucher declared a pecuniary interest with respect to Item #4, Site Plan Control Approval – SPA-04-11 and Zoning By-law Amendment – ZBA-11-11- 520 Hugel Avenue (Hugel Lofts Inc.) as she is involved with the Site Plan Project.

3. Review of Report

The Committee reviewed the report of the meeting held March 3, 2014. It was then, Moved by C. Boucher Seconded by E. Appleton

THAT the Minutes of the Midland Accessibility Advisory Committee meeting held March 3, 2014, be adopted as printed and circulated.

CARRIED.

Midland Accessibility Advisory - 2 - April 7, 2014 Committee Report

4. New Website

L. Symmes, GIS/IT Manager, provided an overview of the Town’s new website launched in February 2014 and highlighted features added to the site to improve accessibility. L. Symmes noted that the website is monitored through a “Site Improve” program that generates a report identifying where errors and omissions have occurred. This enables staff to make corrections to their respective web pages thus ensuring that the website continues to meet the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 Level A and AA accessibility standards.

5. Site Plan Control Approval – SPA-04-11 and Zoning By-law

Amendment – ZBA-11-11- 520 Hugel Avenue (Hugel Lofts Inc.) The Committee reviewed a report dated March 10, 2014, from the Planning and Building Services Department, regarding two applications providing for minor amendments to the Site Plan respecting 520 Hugel Avenue including, but not limited to, reconfiguration of the barrier free access ramp to provide access to and from the front of the building and the rear parking area, and removal of the Holding “H” Symbol. The Committee expressed no concerns and supported the plan as presented.

6. Community Educational Sessions

The Committee reviewed an email dated February 19, 2014, from M. Tizzard, Manager of Information and Volunteer Services, Independent Living Services of Simcoe (ILS) County, encouraging the Committee to consider hosting two training/informational sessions with them to promote the need for accessibility in the community.

K. Desroches advised that ILS would be looking to the Town for support through the provision of a venue for the events, as well as assistance in engaging the public.

The Committee expressed support of the joint initiative and directed K. Desroches to contact ILS to confirm possible dates for the events.

Midland Accessibility Advisory - 3 - April 7, 2014 Committee Report

7. Employment Accommodation Policy 8.0

The Committee reviewed a draft copy of the Town’s Employment Accommodation Policy as prepared by the Director of Human Resources and Health and Safety.

The Committee expressed support of the policy. 8. Other Business

a) County Funding It was noted that funding is available for residents through the County of Simcoe for home renovations geared towards accessibility.

b) Review of Accessibility for Ontarians with Disabilities Act

The Committee reviewed a correspondence dated March 3, 2014, from the Ministry of Economic Development, Trade and Employment, encouraging public input into two independent reviews of Ontario’s accessibility laws that are currently underway. The Committee recommended that each member review the accessibility laws individually and provide their respective comments.

9. Next Meeting

Monday, June 2, 2014, at 1:00 p.m. in the Council Chambers.

10. Adjournment There being no further business, the meeting adjourned at 1:54 p.m. ____________________________________ Karen Desroches, Deputy Clerk/Senior Executive Assistant

________________________________________________________________________ Audit Committee Report AU-2014-2 - 1 - June 13, 2014

Report of the Audit Committee Meeting held Friday, June 13, 2014 at 1:30 p.m. in the Municipal Office Council Chambers. Present: Councillor G. Canning, Councillor B. Jeffery Also Present: J. Hancock, Deputy Treasurer, M. Villeneuve, Director of Finance/Treasurer, T. Leonard, Executive Assistant, Treasury Guest: G. Ventrcek, Partner BDO (part of meeting) 1. Call to Order

The meeting was called to order at 1:32 p.m.

2. Declarations of Pecuniary Interest

No declarations were made at this time.

3. Approval of Minutes of Previous Meeting

M. Villeneuve noted that minutes in draft format were on the consent agenda at the May Council meeting on May 26th. Typically, committee minutes are first adopted by the committee before being presented to council, however, due to the length of time between Audit Committee meetings, a decision was made in consultation with Clerk’s department that Audit Committee minutes would be made available to Council on the next agenda. The minutes were adopted as printed and circulated.

4. Review of Draft Audited Statements

G. Ventrcek, partner of BDO Canada LLP presented a high level overview of the draft audited financial statements, which were prepared in accordance with Canadian Public Sector Accounting Board rules. G. Ventrcek reviewed several notes in the statements and informed the committee of pending changes which will result in new accounting standards. G. Ventrcek thanked M. Villeneuve and J. Hancock for their cooperation during the audit process. He pointed out that adjustments were included for the committee’s information. As well, at the time of the meeting, there were two legal letters still outstanding, which need to be received before their audit opinion can be confirmed. BDO has received the representation letter. Regarding the management letter, the auditors do not require that anything needs to be done significantly different. There was a brief discussion related to an MPUC misstatement. No changes were requested as it was felt a prior period adjustment was not necessary, but it had to be brought to Town’s attention.

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Note: Minutes will be adopted at the next Audit Committee Meeting

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An independence letter to confirm BDO’s independence from the Town was also included. G. Ventrcek also spoke to the issue of materiality, which was $725K but dropped to $675K, however they do test for performance materiality under that amount. G. Ventrcek informed the committee that he was required to ask staff if they were aware of any fraud issues, and asked the audit committee as well. Councillors Canning and Jeffery both replied that nothing has been brought to their attention. G. Ventrcek noted that the Town of Midland has an asset plan in place, which is required for government grants and that we are ahead of other municipalities. There was a brief discussion regarding future new accounting standards that will formalize certain processes, and how this relates to the waterfront property which the Town has entered into an agreement to purchase. G. Ventrcek briefly touched on an additional future new standard related to the valuing of contracts. Staff will be updated. There were no further questions. It was then, Moved by B. Jeffery Seconded by G. Canning

THAT the Committee adjourn to a closed session; And further that this portion of the meeting be closed to the public pursuant to Section 239 of the Municipal Act, 2001, Section (2) as indicated; Subsection (a) Security of the property of the municipality of local board Subsection 2 (b) Personal matters about an identifiable individual.

CARRIED. Staff members M. Villeneuve, J. Hancock and T. Leonard exited the meeting and upon G. Ventrcek’s exit from the meeting, staff returned. Councillor Jeffery questioned the nature of the reported MPUC error to which M. Villeneuve indicated his opinion is that no adjustment is required.


The meeting resumed in open session. Moved by B. Jeffery Seconded by G. Canning

THAT the Audit Committee recommend to Council the approval of the 2013 audited financial statements.

CARRIED.

5. Public Member Vacancy

Moved by B. Jeffery Seconded by G. Canning

THAT the Committee 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. There was one application for the public member vacancy on the Audit Committee. Councillors Canning and Jeffery agreed that the applicant meets the requirements and to recommend that he be appointed to the Audit Committee. Moved by B. Jeffery Seconded by G. Canning

THAT the Audit Committee recommend to Council that Joel Rumney be appointed to the Audit committee.

CARRIED. The meeting resumed in open session.

6. Other Business M. Villeneuve indicated that normal practice would be for the audit committee to recommend approval of the audited financial statements as well as appoint the auditors for the following year’s audit, however the Town’s five year contract with BDO is finished. The audit tender will be prepared this summer. Due to timing, a draft of the tender will not be brought to the Audit Committee, rather it will be brought directly to Council.


7. Next Meeting

The next meeting of the Audit Committee is scheduled for Monday, August 18th at 1:30 p.m.

8. Adjournment

There being no further business, Councilor Canning adjourned the meeting at 2:35 p.m.

__________________________ Tracy Leonard Executive Assistant, Treasury

From: Kenwell, Pam [mailto:[email protected]] Sent: June-17-14 10:56 AM To: Almas, Sara; Bryce, Holly; Daly, John; Andrea Fay; Fettes, Pamela; Fraser, Karen; Irwin, Doug; Kane, Barb; Luker, Doug; Maher, Cindy Anne; McKinnon, Janice; Murphy, Rebecca ; Sander, Bonnie; Sharon Goerke; Thomas, Alison; Twyla Nicholson Subject: June and August Committee and Council Meeting Dates Please be advised that the at its meeting of June 10th, Simcoe County Council approved a regular Committee of the Whole meeting on June 24th, 2014 and a Council meeting on August 12th, 2014. The June and August meeting schedule will be as follows:

Council - Tuesday, June 24th at 9:00 a.m. Committee of the Whole - Tuesday, June 24th at 9:30 a.m. Council - Tuesday, August 12th at 9:00 a.m. Committee of the Whole - Tuesday, August 12th at 9:30 a.m.

Please find attached Committee of the Whole Item CCW 14-258 for further details. We would appreciate your assistance in circulating this information to those within your municipality who may be interested. If you require any additional information, please do not hesitate to contact the County Clerk’s Department. Brenda Clark County Clerk County of Simcoe, Clerk's Department 1110 Highway 26, Midhurst, ON L0L 1X0 Phone: 705-726-9300 Ext. 1243 Fax: 705-725-1285 E-mail: [email protected] simcoe.ca

C O U N T Y O F S I M C O E

To: COMMITTEE OF THE WHOLE

Section: Performance Management – CAO, Clerk’s and Communications

Item Number: CCW 14-258

Meeting Date: May 27, 2014

Subject: June and August – Committee/Council Meeting Schedule

Recommendation: THAT the 2014 Council and Committee meeting schedule be amended as outlined in Item CCW 14-258. Executive Summary:

At its meeting on February 27, 2014, Simcoe County Council approved its 2014 Council and Committee meeting schedule. It is being recommended that the schedule be amended to include a regular Committee of the Whole meeting following the Council meeting on June 24th, and a Council meeting on August 12th, to ratify Committee’s recommendations from June 24th.

Background/Analysis/Options: As part of implementing the Committee of the Whole meeting format consideration was given to the annual meeting schedule. Under the new system, Council and Committee of the Whole meetings are scheduled on the 2nd and 4th Tuesdays of each month. However, with the summer break in July and winter break in December, the schedule was created such that a Committee of the Whole meeting was not scheduled on the 4th Tuesday of June or November. This was in keeping with past practice to ‘wrap up’ Council business before the summer and winter recesses. The Committee of the Whole format and meeting schedule are relatively new for all involved. The Governance Committee has recognized that changes to the structure may be required in order to improve efficiency and effectiveness. With 2014 being a municipal election year, there is a possibility that Council may be in a lame-duck situation commencing September 12th. Staff is endeavouring to complete tasks for Council’s consideration in a timely fashion and, more importantly in advance of the September 12th Nomination Date. The approved schedule currently provides for a Council meeting only on June 24th for the purposes of ratifying the Committee of the Whole recommendations from June 10th. Consequently, there is no requirement currently for a Council meeting on August 12th.

May 27, 2014 Committee of the Whole CCW 14-258 2

SRT - Rev 2 – August 2013

In reflecting on the approved 2014 meeting schedule, and in consideration of the current activities, staff is suggesting the schedule be amended to include the following meetings:

Committee of the Whole – Tuesday, June 24th at 9:30 a.m. Council - Tuesday, August 12th at 9:00 a.m.

Although staff realizes the recommendations from the June 24th meeting will not be ratified by Council until August 12th, it will allow them to move matters through the approval process slightly sooner and avoid inundating Committee with reports in August in order to receive the necessary approvals prior to Nomination Day on September 12th. Financial and Resource Implications: There are no additional financial implications with respect to amending the Council and Committee schedule. Relationship to Corporate Strategies: There is no relationship to Corporate Strategies. Reference Documents:

Council Resolution No. 2014-031, Item CCW 14-105- Meeting Dates for 2014 (February 27, 2014)

Attachments: There are no attachments to this Item. Prepared By: Brenda Clark, County Clerk Approvals: Date Trevor Wilcox, General Manager, Corporate Performance May 19, 2014 Mark Aitken, Chief Administrative Officer May 20, 2014

From: Judy Dezell [mailto:[email protected]] Sent: Thursday, May 29, 2014 1:16 PM To: [email protected] Subject: AMO Efficiency Means Money for Municipalities

May 29, 2014 Sent via email only Mayor Gordon McKay Town of Midland 575 Dominion Avenue Midland ON L4R 1R2 Dear Mayor McKay, AMO delivers the federal Gas Tax Fund to 443 Ontario municipalities. A small portion of the Fund is set aside to fulfil our role as Fund Administrator and cover our costs. Through our efficient and innovate delivery model, our costs are less than expected. As a result, we are distributing the unused administrative funds back to municipalities to invest in infrastructure. Town of Midland will receive $13,382.99 in surplus administrative funds in 2014. Your municipality can expect a cheque by the end of June. Payments are being made on a per capita basis using populations from the 2006 Census and funds are subject to the terms and conditions of the federal Gas Tax Fund. These funds are in addition to your regular federal Gas Tax Fund payment, the first of which is scheduled to be distributed in July. AMO delivers more than half a billion dollars per year of federal Gas Tax Funds at a cost of less than 0.5% of program allocation. We try to ensure that as much of the Fund as possible goes toward building and revitalizing local infrastructure. Ontario municipalities are the only ones to receive additional Gas Tax funds in 2014. AMO is a national leader in the delivery of the Fund and we’re proud of it. We encourage you to share the benefits of the federal Gas Tax Fund in your community with residents, businesses, Members of Parliament and the media. For more information about AMO’s administration, and to learn more about how the Gas Tax is at Work across Ontario, visit bit.ly/AMOGasTax or follow @GasTaxinOntario on Twitter. The Ontario model is unique and it recognizes that municipalities are a mature, accountable order of government. Our success in delivering the Fund, and your success in investing it in local priority projects, demonstrates this fact and means more money for local infrastructure across Ontario. If you should have any questions, please contact Judy Dezell, Manager Gas Tax Implementation at AMO 416-971-9856 ext 306 or [email protected]. Russ Powers, AMO President

From: Barrie's Town Crier [mailto:[email protected]] Sent: Monday, June 16, 2014 10:15 AM To: [email protected] Subject: Thank You for your Butter Tart Festival Town Crier Event Dear Mayor Gordon McKay, Just a short note to say that your Official Town Crier for Midland, Judy Contin and her husband Jack, organized a wonderful event this past weekend for several of us members of the Ontario Guild of Town Criers. The Town Crier Contest as part of your Butter Tart Festival was a huge success and most well received by your wonderful people of Midland! Judy had expertly featured this event in a most prominent position at the Festival, as well as organizing several most generous local businesses as special sponsors too. The whole contest was a pleasure to attend, and the audience laughed, applauded and thoroughly enjoyed hearing Judy introduce each Town Crier and explain from which Town or city they represented. As each Crier proceeded to heartily proclaim the attributes of Midland’s delicious locally produced butter tarts! Thank you your Worship for a truly splendid contest, please inform your council that you have a superb representative of your community in Judy Contin as your Official Town Crier. Most kind regards Stephen J. Travers {Town Crier Barrie Ontario}

2014-06-09

Non-departmental

Assets 51,823.28 Liabilities/Equity 313,976.50 365,799.78

General Administration

Taxation - General Revenue 32,600.09 Council 5,984.10 Administration 28,964.68 Corporate Health and Safety 203.52 Community Health & Safety Program 6,000.00 By-Law 1,221.11 Animal Control - Huronia Airport 55,574.00 Huronia Museum - Heritage Conference - 130,547.50

Parking 2,215.44

Planning & Development

Planning 25,446.28 Committee of Adjustment 185.79 Heritage Committee - Building Dept. 9,682.82 35,314.89

Fire Service 29,661.66

Parks and Recreation

Harbour 3,407.53 Parks 10,121.66 NSSRC 57,852.47 Recreation 1,331.27 Tourism 1,255.07

73,968.00 Public Works

Works Depot 35,963.07 Roads 16,744.98 Equipment/Vehicle Maintenance 12,213.12 Sidewalks & Curbs - Transit 7,139.94 Street Lighting 62,277.04 Engineering 2,908.04 Storm Sewers 5,485.68 142,731.87

Water 45,269.89

Wastewater Treatment 85,659.47

Subtotal - Town 911,168.50

County

Waste Management -

Regular Levy -

-

TOTAL TO BE CONFIRMED BY COUNCIL* 911,168.50

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

TOWN OF MIDLAND

CONFIRMATION OF ACCOUNTS

May 2014

School Board Payments (Charity Rebates)

Report of the General Committee of Council Meeting held Monday, June 9, 2014, at 7:00 p.m. in the Municipal Office Council Chambers. Present: Chair, Deputy Mayor S. Kramp, Vice-Chair, Mayor G. McKay, Councillors

P. File, Z. Pendlebury, J. Attwood, J. Charlebois, B. Jeffery, M. Ross and G. Canning

Also Present: Director of Planning and Building Services/Deputy CAO, W. Crown Director of Public Works, S. Berriault Director of Parks and Recreation, B. Peter Director of Finance/Treasurer. M. Villeneuve Town Engineer, J. Galloway Director of Fire Service/Emergency Management, Fire Chief, K. Foster

Acting Director of Corporate Services/Clerk, L.S. Lee DECLARATIONS OF PECUNIARY INTEREST No declarations were made. SECTION A – PUBLIC WORKS MATTERS (Referred to the Chair, Deputy Mayor S. Kramp) 1. Report on Waterworks

Your Committee reviewed and received as information a report dated June 4, 2014, from J. Beauchamp, Compliance Officer, which included details on current water quality, distribution maintenance, training, water conservation, the Drinking Water Quality Management Standard, and sample results for the month of May 2014.

2. Updated Procurement By-law

Your Committee reviewed a report dated June 4, 2014, from J. Galloway, Town Engineer, highlighting amendments to the Town’s Procurement By-law.

Following a review of the report, your Committee recommended:

That, as recommended in Report PW2014-007 dated June 9, 2014, the

updated Procurement By-law be included in a future Council agenda for the consideration of Council.

General Committee - 2 - June 9, 2014 Report 2014-6

3. Three-Quarter Ton Full Size Van Purchase

Your Committee reviewed a report dated June 4, 2014, from S. Berriault, Director of Public Works. Following a review of the report, your Committee recommended: That, as recommended in Report PW2014-029 dated June 4, 2014, the tender from Tom Smith Chevrolet for the supply of a 2015 Three-Quarter Ton Full Size Van in the amount of $18,959.45, inclusive of trade-in and exclusive of all taxes, be accepted.

4. One-Ton Truck Purchase

Your Committee reviewed a report dated June 4, 2014, from S. Berriault, Director of Public Works. Following a review of the report, your Committee recommended: That, as recommended in Report PW2014-030 dated June 4, 2014, the tender from Barrie Chrysler Dodge Jeep Ram Ltd. for the supply of a 2015 One-ton truck with dump box, in the amount of $46,067, exclusive of all taxes, be accepted.

5. Energy Conservation and Demand Management Plan

Your Committee reviewed a report dated June 4, 2014, from J. Galloway, Town Engineer. The Town Engineer provided a PowerPoint presentation in conjunction with his report, dated June 4, 2014. Following a review of the report, your Committee recommended: That, as recommended in Report PW2014-031 dated June 4, 2014, the Energy Conservation and Demand Management Plan be approved by Resolution of Council.

6. Pending Tenders – Various

Your Committee reviewed and received as information a report dated June 4, 2014, from S. Berriault, Director of Public Works, providing information with respect to pending tenders.

7. Half Ton 4x4 Pick-Up Truck Purchase Your Committee reviewed a report dated June 4, 2014, from S. Berriault, Director

of Public Works.


Following a review of the report, your Committee recommended: That, as recommended in Report PW2014-028 dated June 4, 2014, the

tender from Bourgeois Motors for the supply of a 2015 Half-Ton 4x4 Pick-Up Truck in the amount of $19,706.00, inclusive of trade-in and exclusive of all taxes, be accepted.

8. Speed Limit on Balm Beach Road Request Your Committee reviewed a letter received May 29, 2014, from Ms. J. Thomas,

Midland resident, requesting that the speed limit on Balm Beach Road westward to the Town boundary, be extended.

Your Committee referred the matter to the Midland Police Services Board for

consideration with a report to be forwarded to the June Council meeting for Council’s review.

SECTION B – COMMUNITY SERVICES MATTERS (Referred to the Chair, Councillor G. Canning) 1. New Lease for Huronia Museum

Your Committee reviewed a report dated May 29 2014, from B. Peter, Director of Parks and Recreation, recommending that Council approve the new lease with Huronia Museum as attached to Report PR 2014-43 and direct staff to prepare the necessary by-law to authorize the entering into the new lease. Following a review of the report, your Committee recommended: That, further to the Report PR 2014-43 dated May 29, 2014, from the Director of Parks and Recreation, an ad hoc committee be formed to review the proposed Huronia Museum Lease with a report to be forwarded to the July Council Meeting. And that the following be appointed to the Committee: Councillors P. File, Z. Pendlebury, B. Jeffery, and Deputy Mayor S. Kramp

2. Additional Parking Area for Soccer Fields

Your Committee reviewed a report dated May 29, 2014, from B. Peter, Director of Parks and Recreation. Following a review of the report, your Committee recommended: That, as recommended in Report PR 2014-42, Council approve the Licence Agreement as attached in Report # 2014-42 and direct staff to prepare the necessary by-law to authorize the entering into this Agreement; and that


Council approves the transfer of up to $10,000 from the Parkland Reserve funds for the construction of the additional parking area for the Soccer Fields.

3. Renewal of Agreement with the Pepsi Bottling Group

Your Committee reviewed a report dated May 29, 2014, from B. Peter, Director of Parks and Recreation. Following a review of the report, your Committee recommended: That, as recommended in Report PR 2014-42 dated May 29, 2014, Council approve the renewal of the agreement with The Pepsi Bottling Group and authorize the Director of Finance to make the financial arrangements as outlined in Report PR 2014-41.

Meeting recessed at 9:09 p.m.

Meeting reassembled at 9:16 p.m. 4. Resolution No. 2014-264 May 26, 2014

Your Committee reviewed a report dated May 29, 2014, from B. Peter, Director of Parks and Recreation, recommending that Council receive Report No. 2014-40 as information in response to Resolution No. 2014-264 and that no further action be taken. Following a review of the report, your Committee recommended: That, further to Report PR 2014-40 dated May 29, 2014, the Director of Parks and Recreation be directed to investigate further the wear and tear of rugby on soccer fields, possible location of other potential fields, and to bring back a report regarding the installation of rugby goals for one field at an estimated cost of $5,000.

5. Information Report Your Committee reviewed a report dated June 3, 2014, from B. Peter, Director of

Parks and Recreation, providing an update on the International Plowing Match, the Tourism Action Plan Committee, the Midland Cultural Advisory Committee, Newfoundland History Films, the Fuller Avenue Bike Lanes Project, the Ribfest Event, Summer Specialty Camps at the NSSRC and upcoming events.


6. Tourism and Special Events Report Your Committee reviewed a report dated June 2, 2014, from N. Hutton, Tourism

and Special Events Manager, providing information regarding tourism and special events initiatives.

7. Fire Department Activity Reports

Your Committee reviewed and received as information reports for the months of April and May 2014 providing details on administration, suppression, training, fire prevention and public education.

SECTION C – ADMINISTRATIVE MATTERS (Referred to the Chair, Councillor B. Jeffery) 1. Municipal Law Enforcement Officer’s Investigative Report – May 2014

Your Committee reviewed a report dated June 5, 2014, from J. Reichheld, Municipal Law Enforcement Officer, providing an update on departmental operations and street parking meter revenue.

2. Dogs – Compassionate Stay Request

Your Committee reviewed a report dated June 2, 2014, from J. Reichheld, Municipal Law Enforcement Officer. Following a review of the report, your Committee recommended: That, as recommended in Report ML-2014-4 dated June 2, 2014, Betty-Lou Adam be granted relief until January 1, 2015, from the provisions of By-law 2009-18, the Animal Control and Licensing By-law, with respect to the keeping of two additional dogs at her residence at 254 Third Street, subject to the conditions outlined within the referenced report.

3. Clean Yards By-law

Your Committee reviewed a report dated June 3, 2014, from J. Reichheld, Municipal Law Enforcement Officer. Following a review of the report, your Committee recommended: That, as recommended in Report ML-2014-5 dated June 3, 2014, staff be instructed to prepare a by-law to amend By-law 2011-27, the Clean Yards By-law, to require property owners to maintain boulevards and sidewalks adjacent to their property.


4. Council Information Package Policy (CIP)

Your Committee reviewed a report dated June 2, 2014, from L. S. Lee, Acting Clerk. Following a review of the report, your Committee recommended: That, as recommended in Report CL-2014-44 dated June 2, 2014, Council adopt the Council Information Package (CIP) policy set out in Schedule “A” of this report.

5. Closed Session Meeting Format

Your Committee reviewed a report dated June 2, 2014, from L. S. Lee, Acting Clerk. Following a review of the report, your Committee recommended: That, as recommended in Report CL-2014-13 dated June 2, 2014, Procedure By-law 2010-42 be amended to incorporate closed meetings into the regular or special Council agendas and to provide for rising and reporting to open Council on that same agenda.

6. Downtown Parking - Proposed Sub-Committee

Your Committee reviewed a report dated June 3, 2014, from L. S. Lee, Acting Clerk. Following a review of the report, your Committee recommended: That, as recommended in Report CL-2014-16 dated June 3, 2014, downtown parking issues be referred to the Downtown Master Plan Steering Committee.

7. Tag Days/Proclamations/Flag Raisings – May Report

Your Committee reviewed a report dated June 3, 2014, from C. LeMesurier, Administrative Assistant. Following a review of the report, your Committee recommended: That, as recommended in Report CL-2014-15 dated June 3, 2014, the Tag Days/Proclamations/Flag Raisings Information Report for the month of May, 2014 be received.


8. Development Charge Reserve - 2013 Annual Report

Your Committee reviewed a report dated May 5, 2014, from M. Villeneuve, Director of Finance/Treasurer. Following a review of the report, your Committee recommended: That, as recommended in Report TR-2014-25 dated May 5, 2014, Council receive as information the 2013 Annual Report on Development Charge Reserves, as required under the Act.

9. Inflation and the Municipal Price Index

Your Committee reviewed and received as information a report dated June 2, 2014, from M. Villeneuve, Director of Finance/Treasurer, providing information regarding the above.

10. 2015 Budget Schedule

Your Committee reviewed a report dated June 3, 2014, from M. Villeneuve, Director of Finance/Treasurer. Following a review of the report, your Committee recommended: That, further to Report TR-2014-27 dated June 3, 2014, Council endorse the 2015 Budget Schedule; and that the budget target for 2015 be 0 and 2 percent.

11. Hydro One Funds

Your Committee reviewed a report dated June 3, 2014, from M. Villeneuve, Director of Finance/Treasurer. Following a review of the report, your Committee recommended: That, further to Report TR-2014-28 dated June 9, 2014, the remaining funds totalling $59,000, provided by Hydro One Inc. to the Town of Midland to cover the cost of the valuation, consulting and legal services related to the proposed sale of all of the shares of the Midland Power Utility Corporation (MPUC), be set aside for a future potential RFP process.

Moved by M. Ross Seconded by G. Canning That pursuant to Section D, Item 6 of By-law 2010-42, General Committee

agrees to remain in session past 11:00 p.m. in order to deal with matters included on the agenda.

CARRIED.


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

Your Committee reviewed and received as information a report from B. Molesworth, CEO/Chief Librarian, for June 2014, providing an update on Library operations, activities and events.

2. Councillor Ross questioned the status of services on Prospect Boulevard noting that current property owners have raised concern regarding their requirement to pay for the installation of services which they believe are already there.

The Director of Planning and Building Services advised that he would provide

information to Council on the matter via email. 3. Councillor Ross offered congratulations on the successful Doors Open Huronia

event. Moved by J. Charlebois Seconded by J. Attwood That this General Committee Meeting of Council adjourn at 11:12 p.m. CARRIED. Laura S. Lee, Acting Clerk

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Council 1 Audit Committee Appointment June 23, 2014 Report AU-2014-3

STAFF REPORT

DEPARTMENT/FUNCTION: Audit Committee CHAIR: Councillor G. Canning DATE: June 16, 2014 SUBJECT: Audit Committee Appointment RECOMMENDATION: That Joel Rumney be appointed to the Audit Committee. BACKGROUND: Bylaw 2014-1 sets out the terms of reference of the Audit Committee. Section 6 requires that the committee be comprised of 3 members, two of those being members of Council and one member “with consideration given to individuals with a business background practicing in accounting or finance, who is a resident and/or ratepayer of the Municipality, being a minimum of 18 years of age and not an employee of the Municipality.” ANALYSIS: The Town advertised for the public member vacancy on the Audit Committee using the Town page in the Midland Mirror, on the Town website and notice boards, mailing to each local accounting firm, and received one application. Mr. Rumney meets the requirements of the position. SUSTAINABILITY: N/A CONCLUSIONS: The Audit Committee recommends Joel Rumney be appointed to the Audit Committee for the term ending November 30, 2014.

Council 2 Audit Committee Appointment June 23, 2014 Report AU-2014-3

FINANCIAL IMPACT: None. Prepared by: Marc Villeneuve, CPA, CA,

Director of Finance/Treasurer Reviewed by: Carolyn Tripp, RPP, MCIP

Chief Administrative Officer T:\C11 REPORTS TO COUNCIL\2014\06 June\COUNCIL\Audit Committee Appointee.docx

Council 1 2013 Audited June 23, 2014 Financial Statements Report AU-2014-4

STAFF REPORT

DEPARTMENT/FUNCTION: Audit Committee CHAIR: Councillor G. Canning DATE: June 16, 2014 SUBJECT: 2013 Audited Financial Statements RECOMMENDATION: That Council approve the 2013 audited financial statements. BACKGROUND: The Town of Midland’s Audit Committee met with the auditors on June 13, 2014 to receive and review the 2013 draft Audited Financial Statements. A copy of the Audited Financial Statements will be made available to the general public and be posted on the Town’s website. Under By-law 2009-76, the Town’s contract with BDO Canada LLP for audit services expires upon completion of the 2013 audit. A tender for audit services for the years 2014-2018 is being prepared for distribution. ANALYSIS: Comments Regarding 2013 Audited Financial Statements The following comments are provided to aid in understanding the financial statement presentation in our audited financial statements. General Comments

1. These Financial Statements are consolidated. These statements include the Police, Library, BIA, a portion of SSEA (13%) and a portion of Huronia Airport Commission (50%). They also include our investment in MPUC.


2. These Financial Statements are prepared in accordance with Canadian Public Sector Accounting Standards developed by the Public Sector Accounting Board otherwise known as PSAB accounting. They are very different than the reports you are used to seeing. PSAB is not considered the best reporting model for internal reporting or for budgeting purposes. Current internal reporting and budgeting is focused primarily on a cash basis for determining current needs and is more useful for determining what tax revenues need to be collected to achieve a desired outcome.

Statement of Financial Position

1. Accounts payable and accrued liabilities have decreased by $2.2M. This is largely due to the cashing in of a letter of credit in 2012 which has been used in 2013 to complete related site works.

2. Long Term Debt increased by $2.6M due to funding of water and wastewater projects (Bay, William, Sixth, well rehab and Pumpstation) and first phase of LED streetlight replacement program.

3. Tangible Capital Assets (TCA) and Construction increased by approx.

$1M. See Note 12 on page 17: a. Equipment: the additions largely relate to an ice resurfacer, PW

tractor, Crack Sealer, various pumps and additions to the Library collection.

b. Infrastructure: the additions to Infrastructure largely relate to the reconstruction of roads, curbs, storm sewers, catch basins, watermains and sewer pipes. Most notable projects include Bay Mains, Well rehab, general resurfacing, William, Sixth street reconstructions and LED streetlight replacement.

c. Vehicles: the additions largely relate to the replacement of 2 police vehicles.

d. Land Improvements: additions largely relate to rotary pier paving, trails and permalines for soccer pitches.

Statement of Operations and Accumulated Surplus

1. The Annual Surplus is approx. $2.1M. Without extensive accounting knowledge, this amount can be very misleading because it has been determined using PSAB accounting rules. Following are only some of the reasons that these financial statements can be misleading to the average user:


a. Capital Expenditures are not reported on this schedule. Amortization of TCA does get reported here instead. To illustrate: $5.6M of tangible capital asset work had been completed and are not included in this figure as they form part of the asset balances and get expensed over their useful lives through amortization. Instead, $4.8M of amortization was included in the determination of the annual surplus. That’s a difference of approx. $800K.

b. Government Grants includes approx. $1M for the purposes of acquiring and constructing TCA, even though TCA expenditures are not shown here to offset this amount.

c. Developer Contributions are reported as revenue in the amount of $50K. This is not money that was collected by the Town. This figure represents the cost of lighting, sewers, sidewalks, pipes, parks, etc… that Developers pay to have constructed and eventually get turned over to the town. The TCA offset is not shown here to offset this amount.

d. Income from Government Business Enterprise (MPUC) shows income of $772K as being revenue to the Town, while only $417K was actually received by the Town. The other $355K actually stays at MPUC and cannot be used by the Town.

e. Repayment of debt principal of approx. $1.2M is not shown here. f. Development Charges of $550K are shown here as revenue, while

this money was used for the purposes of acquiring and constructing TCA and to pay debt charges, even though TCA expenditures and debt principal repayments are not shown here to offset this amount.

For these and many other reasons, it is important to not misinterpret these figures.

SUSTAINABILITY: N/A CONCLUSIONS: That Council approve the 2013 Audited Financial Statements as prepared by BDO Canada LLP.


FINANCIAL IMPACT: None. Prepared by: Marc Villeneuve, CPA, CA,

Director of Finance/Treasurer Reviewed by: Carolyn Tripp, RPP, MCIP

Chief Administrative Officer Attachments: 2013 Audited Financial Statements T:\C11 REPORTS TO COUNCIL\2014\06 June\COUNCIL\Adoption of 2013 Audited FS.docx

DRAFTThe Corporation of the Town of MidlandConsolidated Financial StatementsFor the year ended December 31, 2013

DRAFT

The Corporation of the Town of MidlandConsolidated Financial StatementsFor the year ended December 31, 2013

Contents

Independent Auditor's Report 2

Consolidated Financial Statements

Statement of Financial Position 3

Statement of Operations and Accumulated Surplus 4

Statement of Change in Net Financial Assets (Debt) 5

Statement of Cash Flows 6

Notes to the Consolidated Financial Statements 7 - 23

DRAFT

Independent Auditor's Report

To the Members of Council, Inhabitants and Ratepayersof The Corporation of the Town of Midland

We have audited the accompanying consolidated financial statements of the The Corporation of the Townof Midland, which comprise the consolidated statement of financial position as at December 31, 2013, andthe consolidated statement of operations and accumulated surplus, consolidated statement of change innet financial assets (debt) and consolidated statement of cash flows for the year then ended, and asummary of significant accounting policies and other explanatory information.

Management's Responsibility for the Consolidated Financial Statements

Management is responsible for the preparation and fair presentation of these consolidated financialstatements in accordance with Canadian Public Sector Accounting Standards, and for such internal controlas management determines is necessary to enable the preparation of consolidated financial statements thatare free from material misstatement, whether due to fraud or error.

Auditor's Responsibility

Our responsibility is to express an opinion on these consolidated financial statements based on our audit.We conducted our audit in accordance with Canadian generally accepted auditing standards. Thosestandards require that we comply with ethical requirements and plan and perform the audit to obtainreasonable assurance about whether the consolidated financial statements are free from materialmisstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in theconsolidated financial statements. The procedures selected depend on the auditor's judgment, includingthe assessment of the risks of material misstatement of the consolidated financial statements, whether dueto fraud or error. In making those risk assessments, the auditor considers internal control relevant to theentity's preparation and fair presentation of the consolidated financial statements in order to design auditprocedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion onthe effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness ofaccounting policies used and the reasonableness of accounting estimates made by management, as well asevaluating the overall presentation of the consolidated financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for ouraudit opinion.

Opinion

In our opinion, these Consolidated financial statements present fairly, in all material respects, the financialposition of the The Corporation of the Town of Midland as at December 31, 2013 and the results of itsoperations and its cash flows for the year then ended in accordance with Canadian Public Sector AccountingStandards.

Chartered Accountants, Licensed Public Accountants

Alliston, OntarioJune 13, 2014

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The Corporation of the Town of MidlandConsolidated Statement of Financial Position

December 31 2013 2012

Financial assetsCash and cash equivalents (Note 3) $ 10,300,594 $ 9,562,219Taxes receivable 2,953,454 2,766,554Trade and other receivables (Note 4) 2,300,720 2,630,933Long-term receivables 17,341 21,529Inventories for resale 23,705 21,808Investment in government business enterprise (Note 6) 10,001,590 9,646,362

25,597,404 24,649,405

LiabilitiesAccounts payable and accrued liabilities 4,373,917 6,559,291Employee future benefits (Note 8) 2,884,046 2,811,773Interest payable 150,178 163,266Deferred revenue (Note 5) 1,749,997 2,135,058Net long-term debt (Note 11) 15,254,663 12,627,648

24,412,801 24,297,036

Net financial assets 1,184,603 352,369

Non-financial assetsTangible capital assets (Note 12) 152,870,118 152,185,594Prepaid deposits and expenses and inventories of supplies (Note 17) 758,545 248,882Tangible capital assets under construction 988,225 924,773

154,616,888 153,359,249

Accumulated surplus (Note 13) $155,801,491 $153,711,618

Contingency and Commitments (Note 14)

Mayor Treasurer

The accompanying notes are an integral part of these consolidated financial statements

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The Corporation of the Town of MidlandConsolidated Statement of Operations and Accumulated Surplus

BudgetFor the year ended December 31 2013 2013 2012

(Note 16) (Note 18)

Revenue (Note 19)Net taxation and user charges (Note 10) $ 25,747,636 $ 25,801,153 $ 25,617,701Government grants (Note 15) 1,508,527 1,371,610 429,310Developer contributions 70,000 50,073 89,007Contributions from other Municipalities 189,000 255,879 244,678Income from government business

enterprises (Note 6) 400,000 772,228 490,284Development charges (Note 5) 702,582 555,877 580,093Contributed tangible capital assets - 50,683 6,449,341Other 1,286,990 1,643,553 1,574,796

29,904,735 30,501,056 35,475,210

Expenses (Note 19)General government 2,025,998 2,599,996 2,957,117Protection services 8,143,997 8,412,911 8,467,874Transportation services 4,138,380 5,243,483 4,575,179Environmental and water services 4,211,349 5,588,801 5,640,517Recreation and culture 4,975,176 5,987,060 5,529,929Planning and development 451,888 578,932 491,601

23,946,788 28,411,183 27,662,217

Annual surplus 5,957,947 2,089,873 7,812,993

Accumulated surplus, beginning of year 153,711,618 153,711,618 145,898,625

Accumulated surplus, end of year (Note 13) $ 159,669,565 $155,801,491 $153,711,618


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The Corporation of the Town of Midland Consolidated Statement of Change in Net Financial Assets (Debt)

BudgetFor the year ended December 31 2013 2013 2012

(Note 16)

Annual surplus $ 5,957,947 $ 2,089,873 $ 7,812,993

Acquisition of tangible capital assets (11,362,028) (5,526,712) (22,230,275)Amortization of tangible capital assets - 4,760,413 4,434,084Disposal of tangible capital assets - 81,775 78,234Decrease (increase) of tangible capital assets under construction - (63,452) 10,690,521

(5,404,081) 1,341,897 785,557Use/consumption (purchase) of prepaid expenses

and inventory of supplies - (509,663) 19,431

Net change in net financial assets (debt) (5,404,081) 832,234 804,988

Net financial assets (debt), beginning of year 352,369 352,369 (452,619)

Net financial assets (debt), end of year $ (5,051,712) $ 1,184,603 $ 352,369


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The Corporation of the Town of MidlandConsolidated Statement of Cash Flows

For the year ended December 31 2013 2012

Operating transactionsAnnual surplus $ 2,089,873 $ 7,812,993Items not involving cash

Income from government business enterprise (772,228) (490,284)Amortization 4,760,413 4,434,084

6,078,058 11,756,793

Changes in non-cash operating balancesTaxes receivable (186,900) 180,831Trade and accounts receivable 330,213 1,099,515Long-term receivables 4,188 8,575Inventories for resale (1,897) 14,490Accounts payable and accrued liabilities (2,185,374) 1,627,828Employee future benefits 72,273 472,899Interest payable (13,088) (8,637)Deferred revenue (385,061) 753,998Prepaid expenses and inventories of supplies (509,663) 19,431

3,202,749 15,925,723

Capital transactionsAcquisition of tangible capital assets and tangible capital assets under construction (5,590,164) (11,539,754)Proceeds on sale of tangible capital assets 81,775 78,234

(5,508,389) (11,461,520)

Investing transactionsDividends from government business enterprise 417,000 400,000

Financing transactionsProceeds from issuance of long-term debt 3,839,750 -Repayment of net long-term debt (1,212,735) (1,151,585)

2,627,015 (1,151,585)

Net change in cash and cash equivalents 738,375 3,712,618

Cash and cash equivalents, beginning of year 9,562,219 5,849,601

Cash and cash equivalents, end of year $10,300,594 $ 9,562,219


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The Corporation of the Town of MidlandNotes to the Consolidated Financial Statements

December 31, 2013

1. Summary of Significant Accounting Policies

Management's Responsibility for theFinancial Statements The consolidated financial statements of the municipality are the

responsibility of management. They have been prepared in accordancewith Canadian generally accepted accounting principles established bythe Public Sector Accounting Board of the Chartered ProfessionalAccountants Canada.

Nature of Operations The Corporation of the Town of Midland (the "municipality") is amunicipality in the Province of Ontario and operates under theprovisions of the Community Charter. The municipality providesmunicipal services such as fire, public works, planning, parks,recreation and culture and other general government services.

Basis of Consolidation The consolidated financial statements reflect the assets, liabilities,revenue and expenses of all government departments, funds, municipalorganizations, committees and Boards which are owned or controlledby the municipality.

The entities owned or controlled by the municipality which have beenconsolidated into these financial statements are:

The Town of Midland Public Library BoardThe Midland Business Improvement Area

The assets, liabilities, taxation, other revenues and expenses withrespect to the operations of the school boards and the County ofSimcoe are not reflected in the Town's consolidated financialstatements except to record any resulting receivable or payable withthe Town at year-end.

The following entities have been proportionately consolidated:

Huronia Airport Commission 49.6%Severn Sound Environmental Association 12.9%

All inter-entity transactions and balances have been eliminated.

The investment in Midland Power Utility Corporation is accounted forusing the modified equity basis of accounting, consistent with PublicSector Accounting Standards. Under this method, the governmentbusiness enterprise's accounting policies, which follow Canadiangenerally accepted accounting principles for publicly accountableenterprises, are not adjusted to conform with Public Sector AccountingStandards and inter-entity transactions and balances are noteliminated. The Town recognizes its equity interest in the annualincome or loss of Midland Power Utility Corporation in its statement offinancial operations.

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December 31, 2013

1. Summary of Significant Accounting Policies (continued)

Accrual Basis ofAccounting Revenues and expenses are reported on the accrual basis of

accounting. The accrual basis of accounting recognizes revenues in theperiod in which the transactions or events occurred that give rise tothe revenues. Expenses are recognized in the period the goods orservices are acquired and a legal liability is incurred or transfers aredue.

Tangible CapitalAssets Tangible capital assets are recorded at cost less accumulated

amortization. Cost includes all costs directly attributable toacquisition or construction of the tangible capital asset includingtransportation costs, installation costs, design and engineering fees,legal fees and site preparation costs. Contributed tangible capitalassets are recorded at fair value at the time of the donation, with acorresponding amount recorded as revenue when fair value can bereasonably estimated. Amortization is recorded on a straight-line basisover the estimated life of the tangible capital asset commencing oncethe asset is available for productive use as follows:

Land improvements 20 to 50 yearsBuildings and building service equipment 10 to 50 yearsEquipment 5 to 30 yearsInfrastructure 15 to 100 yearsInformation technology 4 to 15 yearsVehicles 3 to 25 years

Included in buildings are structural items which have estimated usefullives of up to 100 years.

Works of Art andHistorical Treasures The municipality holds various works of art and historical treasures

pertaining to recreational and cultural services. These items are notrecognized as tangible capital assets in the financial statementsbecause a reasonable estimate of the future benefits associated withsuch property cannot be made.

Collection of Taxeson Behalf of OtherTaxation Authorities The municipality collects taxation revenue on behalf of other entities.

Such levies, other revenues, expenses, assets and liabilities withrespect to the operations of these entities are not reflected in thesefinancial statements.

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December 31, 2013


Pension Agreements The municipality is an employer member of the Ontario MunicipalEmployees Retirement System (OMERS), which is a multi-employer,defined benefit pension plan. The Board of Trustees, representing planmembers and employers, is responsible for overseeing the managementof the pension plan, including investment of the assets andadministration of the benefits. The municipality has adopted definedcontribution plan accounting principles for this Plan becauseinsufficient information is available to apply defined benefit planaccounting principles. As such, the municipality's contributions dueduring the year are expensed as incurred.

Employee Future Benefits Vacation entitlements are accrued for as entitlements are earned. Sick

leave benefits are accrued when they are vested and subject to pay outwhen an employee leaves the municipality's employ. Non-vesting sickleave benefits are accrued and subject to pay out if employees choseto top up their salary under the short-term sick leave plans.

Deferred Revenue Deferred revenue includes funds received for specific purposes whichare externally restricted by legislation, regulation or agreement andare not available for general municipal purposes. The revenue isrecognized in the consolidated statement of operations in the year inwhich it is used for the specified purpose.

Also included in deferred revenue are user charges, lot levies and feeswhich have been collected but for which the related services have yetto be performed. These amounts will be recognized as revenues in thefiscal year the services are performed.

Government Transfers Government transfers, which include entitlements and legislativegrants, are recognized as revenue in the financial statements when thetransfers is authorized and any eligibility criteria are met, except tothe extent that transfer stipulations give rise to an obligation thatmeets the definition of a liability. Transfers are recognized as deferredrevenue when transfer stipulations give rise to a liability. Transferrevenue is recognized in the statement of operations as the stipulationliabilities are settled. Government transfers consist of grants andsubsidies received for various operating and capital programs.

Use of Estimates The preparation of the consolidated financial statements in accordancewith Canadian Public Sector Accounting Standards requiresmanagement to make estimates and assumptions on such areas asemployee benefits, useful life and valuation of tangible capital assets,allowance for doubtful accounts, contributions from developers,accrued liabilities and contingencies. Actual results could differ frommanagement's best estimates as additional information becomesavailable in the future.

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December 31, 2013


Revenue Recognition Taxes are recorded at estimated amounts when they meet thedefinition of an asset, have been authorized and the taxable eventoccurs. For property taxes, the taxable event is the period for whichthe tax is levied. Tax receivable are recognized net of an allowance foranticipated uncollectable amounts.

Charges for sewer and water usage are recorded as user fees.Connection fee revenues are recognized when the connection has beenestablished.

Grants for the acquisition of tangible capital assets are recognized inthe period in which eligible expenditures are made.

Developer contributions and fees for services are recognized over theperiod of service or when required expenditures occur if applicable.

Investment income earned (other than on obligatory funds) is reportedas revenue in the period earned. Investment income earned onobligatory reserve funds is added to the fund balance and forms part ofthe respective deferred revenue balances and is recognized in theperiod in which eligible expenditures are made.

Sales of other services and other revenues are recognized on an accrualbasis.

2. Change in Accounting Policy

Effective January 1, 2013, the Municipality adopted the revised Public Sector AccountingStandard Section PS 3410 Government Transfers and Section PS 3510 Tax Revenue. Thesechanges in accounting policies have been made in accordance with the transitionalprovisions of the standards which are to be applied either retroactively or prospectively.The Municipality has chosen to apply these revised standards prospectively. For PS 3410 andPS 3510, there has been no effect on the consolidated financial statements.

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December 31, 2013

3. Cash and Cash Equivalents

2013 2012

Unrestricted cash $ 8,722,003 $ 7,445,355Restricted cash (obligatory reserve funds set aside for specific purposes by legislation) 1,578,591 2,116,864

$10,300,594 $ 9,562,219

The unrestricted cash consists of balances held at financial institutions. The municipalityhas an available bank operating credit line in the amount of $4,000,000. Outstandingindebtedness bears interest at prime less 0.75%. At year end the municipality has notutilized any amount under this credit facility.

4. Trade and Other Receivables

Included in other receivables is a balance due from the Severn Sound EnvironmentalAssociation for $241,318 (2012 - $301,563). The balance bears interest between prime less1.6% and prime less 1.7% and is calculated on a quarterly basis on the average balanceduring that period.

5. Deferred Revenue

Openingbalance

Contributionsreceived

Investmentincome

Revenuerecognized

Endingbalance

Gas tax $ 642,575 $ 663,358 $ 7,509 $ (1,001,846) $ 311,596Development

charges1,309,292 291,427 16,443 (555,877) 1,061,285

Buildingdepartment

99,382 122,153 - (55,500) 166,035

Parkland 65,615 - 775 (26,715) 39,675Other 18,194 199,590 - (46,378) 171,406

$ 2,135,058 $ 1,276,528 $ 24,727 $ (1,686,316) $ 1,749,997

Gas tax

The municipal funding agreements require the municipality to transfer unspent gas taxfunding into a reserve. The funding and interest earned in the reserve must be spent onapproved projects.

Development charges

Certain user charges and fees are collected for which the related services have yet to beperformed. These revenues will be recognized at the time the related services areperformed.

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December 31, 2013

6. Government Business Enterprise

The government business enterprise which has been reported in these financial statementsusing the modified equity method is as follows:

Midland Power Utility Corporation is a corporation incorporated under the laws of theProvince of Ontario and provides municipal electrical distribution services. The Corporationof The Town of Midland owns 100% of the outstanding common shares.

2013 2012

Assets $19,633,212 $ 18,363,558

Liabilities $ 9,631,622 $ 8,717,196Shareholder's equity 10,001,590 9,646,362

$19,633,212 $ 18,363,558

Combined results of operations

Revenues $19,830,698 $ 20,019,282Operating expenses 19,058,470 19,528,998

Income for the year $ 772,228 $ 490,284Dividends paid to Town (417,000) (400,000)

$ 355,228 $ 90,284

The following summarizes the municipality's transactions with Midland Power UtilityCorporation:

RevenuesMunicipal taxes $ 36,913 $ 39,033Lease for substation properties 49,980 49,980Other 52,707 63,685

ExpensesElectricity charges 774,258 781,992Maintenance of streetlighting and other services 160,443 82,121

Dividends Received 417,000 400,000

These transactions are in the normal course of operations and are measured at theexchange amount.

At the end of the year, the amounts due from (to) Midland Power Utility Corporation are asfollows:

Trade receivable, unsecured, due on demand $ - $ 1,891Trade payable, unsecured, due on demand (72,397) (114,064)

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December 31, 2013

7. Public Library Board

The public library board which has been consolidated in these financial statements is asfollows:

The Corporation of the Town of Midland Public Library Board is a corporate body asspecified under the Library Act and is a registered charity and, as such, is exempt fromincome tax and may issue income tax receipts to donors.

The primary role of the public library board is to provide library services to the generalpublic.

2013 2012

Financial assets $ 126,718 $ 149,149Financial liabilities 2,300,359 2,311,693

Net financial debt (2,173,641) (2,162,544)Non-financial assets 6,578,459 6,860,960

Accumulated surplus $ 4,404,818 $ 4,698,416

Combined results of operations

Revenues $ 1,254,944 $ 1,193,596Operating expenses (1,192,847) (1,074,565)Amortization (355,696) (357,912)

Annual deficit $ (293,599) $ (238,881)

The following summarizes the municipality's transactions with the Public Library Board:

RevenuesMunicipal contributions $ 998,269 $ 953,293

ExpensesDebenture interest 96,052 100,727

At the end of the year, the amounts due from (to) the Corporation of the Town of MidlandPublic Library Board are as follows:

Trade receivable, unsecured, due on demand $ 26,009 $ 13,457Trade payable, unsecured, due on demand (55,986) (78,438)

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December 31, 2013

8. Employee Future Benefits

The municipality provides certain employee benefits which will require funding in futureperiods.

2013 2012

Accumulated sick leave entitlements $ 826,551 $ 793,584Vacation payable 321,126 361,442Life insurance, health and dental benefits 1,736,369 1,656,747

$ 2,884,046 $ 2,811,773

The municipality pays certain life insurance, health and dental benefits on behalf of itsretired employees. The municipality recognizes these post-retirement costs in the period inwhich the employees rendered the services. The accrued benefit liability and the expensewere determined by actuarial valuation using a discount rate of 4.50% (2012 - 3.75%).

Information about The Corporation of the Town of Midland's defined benefit plan for lifeinsurance, health and dental is as follows:

2013 2012

Accrued benefit liability, beginning $ 1,656,747 $ 1,554,415Expense for the year 167,118 193,228Benefits paid (87,496) (90,896)

Accrued benefit liability, ending $ 1,736,369 $ 1,656,747

The main actuarial assumptions employed for the valuations are as follows:

(a) Salary levels

Future general salary and wage levels were assumed to increase 4% per annum.

(b) Dental costs

Dental costs were assumed to increase 4% per annum.

(c) Health Care costs

Health Care costs escalation assumed to be 8.5% decreasing by 1/4% per annum.

The date of the most recent actuarial valuation was as of December 31, 2012 with resultsextrapolated to December 31, 2013.

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9. Pension Agreements

OMERS provides pension services to more than 439,528 active and retired members andapproximately 982 employers. Each year an independent actuary determines the fundingstatus of OMERS Primary Pension Plan (the Plan) by comparing the actuarial value ofinvested assets to the estimated present value of all pension benefits that members haveearned to date. The most recent actuarial valuation of the Plan was conducted at December31, 2013. The results of this valuation disclosed total actuarial liabilities of $73,004 millionin respect of benefits accrued for service with actuarial assets at that date of $64,363million indicating an actuarial deficit of $8,641 million. Because OMERS is a multi-employerplan, any pension plan surpluses or deficits are a joint responsibility of Ontario municipalorganizations and their employees. As a result, the municipality does not recognize anyshare of the OMERS pension surplus or deficit.

Contributions made by the municipality to OMERS in 2013 were $1,199,324 (2012 -$1,001,315) of which $50,000 related to retroactive payments for the years 2009 to 2012.

10. Net Taxation and User Charges

Budget2013 2013 2012

(Note 16)

Taxation revenue $ 31,258,175 $31,239,460 $ 30,030,240Amount levied and remitted to School Boards (7,735,699) (7,768,309) (7,741,114)Amount levied and remitted to the County of Simcoe (5,802,965) (5,834,188) (4,843,578)

Net taxation 17,719,511 17,636,963 17,445,548User charges 8,028,125 8,164,190 8,172,153

Net taxation and user charges $ 25,747,636 $25,801,153 $ 25,617,701

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11. Net Long-term Debt

Net long-term debt reported on the consolidated statement of financial position iscomprised of the following:

2013 2012

Total long-term liabilities incurred by the municipality and outstanding at the end of the year $15,254,663 $ 12,627,648

Principal repayments for the next five years and thereafter are due as follows:

2014 $ 1,664,2482015 1,413,8072016 1,055,6382017 1,032,6502018 1,064,212Thereafter 9,024,068

$ 15,254,623

The above long-term liabilities were issued after January 1, 1996 and have been approvedby by-law. The annual principal and interest payments required to service these liabilitiesare within the annual debt repayment limit prescribed by the Ministry of Municipal Affairsand Housing.

The above long-term debt has various maturity dates ranging from 2015 to 2040 and varyingrates of interest ranging from 2.57% to 7.875%. New long-term debt was issued in 2013 forthe amount of $3,839,750 maturing in 2023 at an interest rate of 3.05%.

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December 31, 2013

12. Tangible Capital Assets 2013

Land

Buildings andBuildingService

Equipment Equipment InfrastructureInformationTechnology Vehicles

LandImprovements Total

Cost,beginning ofyear $16,423,527 $ 50,747,911 $ 7,084,867 $ 84,101,528 $ 2,345,572 $ 6,141,263 $ 9,195,078 $ 176,039,746Additions 15,249 87,972 452,882 4,510,456 187,239 63,817 209,097 5,526,712Disposals - (11,400) (363,236) (1,610,871) (102,463) (198,620) (47,236) (2,333,826)Cost, end ofyear 16,438,776 50,824,483 7,174,513 87,001,113 2,430,348 6,006,460 9,356,939 179,232,632Accumulatedamortization,beginning ofyear - 12,045,729 3,250,272 1,934,044 1,215,609 2,562,996 2,845,502 23,854,152Amortization - 1,296,795 518,005 1,836,458 269,977 491,154 348,024 4,760,413Disposals - (8,825) (354,449) (1,598,071) (101,474) (144,268) (44,964) (2,252,051)Accumulatedamortization,end of year - 13,333,699 3,413,828 2,172,431 1,384,112 2,909,882 3,148,562 26,362,514Net carryingamount, endof year $16,438,776 $ 37,490,784 $ 3,760,685 $ 84,828,682 $ 1,046,236 $ 3,096,578 $ 6,208,377 $ 152,870,118

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12. Tangible Capital Assets (continued)2012

Land

Buildingsand

BuildingService

Equipment Equipment Infrastructure InformationTechnology Vehicles

LandImprovements Total

Cost,beginning ofyear $14,624,886 $40,641,266 $ 6,787,464 $ 77,060,552 $ 2,255,859 $ 5,957,780 $ 8,870,161 $ 156,197,968Additions 1,818,903 10,139,222 523,662 8,553,495 306,914 503,051 385,028 22,230,275Disposals (20,262) (32,577) (226,259) (1,512,519) (217,201) (319,568) (60,111) (2,388,497)Cost, end ofyear 16,423,527 50,747,911 7,084,867 84,101,528 2,345,572 6,141,263 9,195,078 176,039,746Accumulatedamortization,beginning ofyear - 10,902,843 2,974,744 1,737,787 1,145,987 2,398,289 2,570,681 21,730,331Amortization 1,149,627 501,787 1,708,776 282,572 458,798 332,524 4,434,084Disposals - (6,741) (226,259) (1,512,519) (212,950) (294,091) (57,703) (2,310,263)Accumulatedamortization,end of year - 12,045,729 3,250,272 1,934,044 1,215,609 2,562,996 2,845,502 23,854,152Net carryingamount, endof year $16,423,527 $38,702,182 $ 3,834,595 $ 82,167,484 $ 1,129,963 $ 3,578,267 $ 6,349,576 $ 152,185,594

The net book value of tangible capital assets not being amortized because they are under construction is $988,225 (2012 - $924,773).These items are not recognized as tangible capital assets in the financial statements because a reasonable estimate of the futurebenefits associated with such property cannot be made.

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13. Accumulated Surplus

The municipality segregates its accumulated surplus in the following categories:

2013 2012

Investment in tangible capital assets $152,870,118 $152,185,594Tangible capital assets financed with long-term debt (15,254,663) (12,627,648)Investment in tangible capital assets under construction 988,225 924,773Current Fund 10,671,680 6,535,600Reserves set aside for specific purposes by Council 6,526,131 6,693,299

$155,801,491 $153,711,618

14. Contingency and Commitments

In the ordinary course of business, various claims and lawsuits are brought against themunicipality. Any payment made by the municipality pursuant to claims, lawsuits orexpropriations will be charged to the year of settlement, subject to any insurancedeductible.

The municipality has entered into a fixed price unleaded gasoline, diesel and coloureddiesel supply and deliver contract. The total contract is approximately $719,649 andexpires February 2015.

The municipality has also entered into a three year contract for the supply and delivery ofAluminum Sulphate from 2014 to 2016. The total contract is approximately $430,650.

15. Government Transfers

Government transfers include monetary transfers based on cost-sharing agreements betweenthe three levels of government. Some funds are transferred when the Town providesevidence that the qualifying expenditures have been incurred. The Town also receivesgovernment transfers once certain criteria have been met or with the stipulation that thefunds are used for specific programs or expenses (entitlements with stipulations). Anytransfers received where the transfer stipulations have not been met by year-end arerecorded as deferred revenue (see note 5).

The following kinds of transfers were included in revenue:

2013 2012

Grants with stipulations $ 1,001,846 $ -Other grants 369,764 429,310

Total government transfers $ 1,371,610 $ 429,310

19

DRAFT

The Corporation of the Town of MidlandNotes to Consolidated Financial Statements

December 31, 2013

16. Budget

The Financial Plan (Budget) was not prepared on a basis consistent with that used to reportactual results (Public Sector Accounting Standards). The budget was prepared on amodified accrual basis while Public Sector Accounting Standards now require a full accrualbasis. The budget figures anticipated use surpluses accumulated in previous years toreduce current year expenditures in excess of current year revenues to $nil. In addition,the budget expensed all tangible capital expenditures rather than including amortizationexpense. As a result, the budget figures presented in the statements of operations andchange in net financial assets (debt) represent the Financial Plan with adjustments asfollows:

2013

Financial Plan (Budget) Bylaw surplus for the year $ -Add:

Budgeted capital expenditures 11,362,028Budgeted principal repayments of long-term debt 1,730,332

Less:Budgeted transfers from accumulated surplus (1,344,663)Budgeted proceeds from financing (5,789,750)

Budget surplus per consolidated statement of operations $ 5,957,947

17. Subsequent Event

Subsequent to the 2013 year-end, by resolution of Council, the Corporation of the Town ofMidland entered into an agreement to purchase lands for $3,400,000. Additionally, at thistime management estimates the environmental contamination associated with these landswill cost between $500,000 to $700,000 in remediation work that will be managed through arisk assessment process. The Town has made a $500,000 refundable deposit towardssecuring this property.

18. Comparative Figures

Certain comparative figures have been reclassified to conform with the current year'spresentation.

20

DRAFT


December 31, 2013

19. Segmented Information

The municipality is a diversified municipal government institution that provides a widerange of services to its citizens such as police, fire, recreation and library services as wellas road water and sewer infrastructure. Distinguishable functional segments have beenseparately disclosed in the segmented information. The nature of the segments and theactivities they encompass are as follows:

General Government

General Government is the governance of the municipality. It is comprised of Council,Corporate Health and Safety, Human Resources, General Administration as well asmiscellaneous corporate initiatives.

Protection Services

Protection Services consists of fire and police services as well as community safetyactivities, animal control, bylaw enforcement and building inspection departments. Theseservices provide safety and protection services to the community.

Transportation Services

Transportation Services is comprised of revenues and expenses related to the various formsof transportation available to the municipality. Transportation Services include activitiesrelating to maintaining roads, transit services, parking, streetlighting, contributions to thelocal airport and various harbour activities.

Environmental Services

Water and Wastewater departments. Water and Wastewater departments provide themunicipality's drinking water and sewage system. They process and clean sewage ensuringthe water system meets all Provincial standards. This also includes revenues and costsrelating to the wastewater treatment plant and sanitary sewer system.

Recreation and Cultural Services

Recreation and Cultural Services consists of parks, sports centre activities, recreationprograms and library services. These services are for the health and informational needs ofthe citizens.

Planning and Development

Planning and Development is comprised of services including Town planning, Committee ofAdjustment, Business Improvement Area and contributions to the local Chamber ofCommerce.

Taxation Revenue

Taxation revenue is allocated to each segment based on percentage of expenses.

21

DRAFT


19. Segmented Information (continued)

For the year endedDecember 31

Environmental andWater Services

Planning andDevelopment

ProtectionServices

Recreational andCultural Services

TransportationServices

GeneralGovernment

2013Total

RevenueNet taxation and userfees $ 5,075,087 $ 526,344 $ 7,639,721 $ 5,436,303 $ 4,762,893 $ 2,360,805 $ 25,801,153

Developercontributions 2,617 - - 26,715 20,741 - 50,073

Grants 14,491 28,227 133,804 72,085 1,005,731 117,272 1,371,610

Contributed tangiblecapital assets - - - 50,683 - - 50,683

Contributions fromother municipalities - 6,000 65,223 153,256 31,400 - 255,879

Development charges 50,000 10,561 29,000 203,066 263,250 - 555,877

Income fromgovernment businessenterprise - - - - - 772,228 772,228

Other 146,113 8,489 151,673 316,258 299,125 721,895 1,643,5535,288,308 579,621 8,019,421 6,258,366 6,383,140 3,972,200 30,501,056

ExpensesSalaries and benefits 1,823,669 282,141 7,281,108 2,889,900 1,862,044 1,695,512 15,834,374

Goods and services 1,977,555 296,049 903,837 1,727,451 1,929,777 389,558 7,224,227

Interest 276,889 - - 315,280 - - 592,169

Amortization 1,510,688 742 227,966 1,054,429 1,451,662 514,926 4,760,413

5,588,801 578,932 8,412,911 5,987,060 5,243,483 2,599,996 28,411,183

Net surplus (deficit) $ (300,493) $ 689 $ (393,490) $ 271,306 $ 1,139,657 $ 1,372,204 $ 2,089,873

22

DRAFT


19. Segmented Information (continued)

For the year endedDecember 31

Environmental andWater Services

Planning andDevelopment

ProtectionServices

Recreational andCultural Services

TransportationServices

GeneralGovernment

2012Total

RevenueNet taxation and userfees $ 5,223,449 $ 455,995 $ 7,841,578 $ 5,120,978 $ 4,237,168 $ 2,738,533 $ 25,617,701

Developercontributions 6,662 - - 82,345 - - 89,007

Grants - 6,420 139,071 132,287 41,732 109,800 429,310

Contributed tangiblecapital assets - - - 4,635,588 1,813,753 - 6,449,341

Contributions fromother municipalities - - 84,986 128,240 31,452 - 244,678

Development charges 325,000 - 29,000 226,093 - - 580,093

Income fromgovernment businessenterprise - - - - - 490,284 490,284

Other 35,383 - 277,053 290,910 244,046 727,404 1,574,7965,590,494 462,415 8,371,688 10,616,441 6,368,151 4,066,021 35,475,210

ExpensesSalaries and benefits 1,877,927 259,396 7,449,010 2,846,077 1,732,793 1,871,189 16,036,392

Goods and services 1,927,369 232,205 807,440 1,312,607 1,489,599 758,819 6,528,039

Interest 330,574 - - 333,128 - - 663,702

Amortization 1,504,647 - 211,424 1,038,117 1,352,787 327,109 4,434,0845,640,517 491,601 8,467,874 5,529,929 4,575,179 2,957,117 27,662,217

Net surplus (deficit) $ (50,023) $ (29,186) $ (96,186) $ 5,086,512 $ 1,792,972 $ 1,108,904 $ 7,812,993

23

Council 1 Twisted Pines Event Request June 23, 2014

STAFF REPORT

DEPARTMENT/FUNCTION: Parks and Recreation Department CHAIR: Glen Canning DATE: June 19, 2014 SUBJECT: TWISTED PINES EVENT REQUEST

REPORT NO. PR 2014-46

RECOMMENDATION: That Council not approve the Twisted Pines Event Request as outlined in Report PR 2014-46. BACKGROUND: The attached email was received June 13, 2014, requesting Council permission and approval to close Elizabeth Street between King Street and First Street from 5:00 pm Friday, August 22nd to 12:00 noon Sunday, August 24, 2014, for a licensed music event. ANALYSIS: Since the TugFest and ArtWalk events are also being held that weekend, we consulted representatives of these organizations and both expressed reservations due to potential conflicting programs and the late request. The organizers of TugFest and Artwalk have been working cooperatively with our Tourism and Special Events Manager since last year’s successful events and have their programs and marketing plans developed and in the process of implementation. Our Special Events Policies do suggest a minimum of one year application for new events with AGCO license and four months for an existing, established event with an AGCO license. A recent example would be Party on the Dock, which has been operating for eight years. A complete operations plan including security, bar operations, fencing, food requirements, evacuation plan, building permits, etc., was submitted months ago for review and comment by the AGCO Inspector and various municipal department heads. An operations plan for an event of this nature is mandatory from the AGCO perspective and it requires a great deal of advance detailed planning for obvious reasons. The proposed RibFest event for the weekend was supported by both TugFest and Artwalk organizers based on their experience and background with events of this nature and considering the RibFest was a complimentary event for both programming content and location reasons. Municipal Staff are also of the opinion that his request does not provide sufficient time to ensure a properly planned event of this nature and there are reservations that this event could potentially detract from the two existing successful events.

Council 2 Twisted Pines Event Request June 23, 2014

CONCLUSION: Staff are suggesting this request not be approved due to the reasons outlined and that the proponent of the Twisted Pines Music and Arts event consider an alternate date, which would provide adequate planning time and/or formally approach the TugFest and ArtWalk organizers to discuss a potential event in 2015. FINANCIAL IMPLICATIONS:

Not applicable Prepared by: Bryan Peter, Director of Parks and Recreation Approved by: Carolyn Tripp, CAO Attach: W:\Madelaine\C11 Reports to Council\Council\2014\June\Twisted Pines Event Request.doc

PLANNING AND DEVELOPMENT COMMITTEE OF COUNCIL

REPORT NO. 2014-6

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

Wednesday, June 4, 2014 in the Council Chambers of the Municipal Office.

Present: Chair, Councillor J. Attwood Vice Chair Councillor J. Charlebois Mayor G. McKay Deputy Mayor S. Kramp Councillor B. Jeffery Councillor G. Canning Councillor P. File Councillor Z. Pendlebury

Councillor M. Ross * arrived at 7:40 Also Present: Deputy CAO/Director of Planning and Building Services, W. Crown

Executive Assistant, S. Edgar Planning Student, J. Lefaive

The Chair read the introductory remarks respecting safety matters and respectful communication policies. 1. DECLARATIONS OF PECUNIARY INTEREST There were none declared. 2. DEVELOPMENT REVIEW/APPLICATIONS

A) Zoning By-law Amendment Application ZBA-01-14

175421 Canada Ltd., Owner

The Guesthouse Shelter, Applicant

522 Elizabeth Street The Committee had before it for consideration Staff Report PL-2014-39 dated June 2, 2014 with respect to a Zoning By-law Amendment Application for the lands at 522 Elizabeth Street. Committee concurred that the Report will be received as information and will be discussed at the Special Council Meeting.

Recommendation The Committee recommends the following: 1. That Staff Report PL-2014-39 be received for information and that Application No.

ZBA-01-14 (The Guesthouse Shelter) and that the Draft By-law be referred to Council at its June 4, 2014 Special Meeting.

Planning and Development Committee – Report 2014-6 Page June 4, 2014

2

B) Source Protection Plan Implementation Study

The Committee had before it for consideration Staff Report PL-2014-38 dated May 30, 2014 with respect to Source Protection Plan Implementation Study. The Director of Planning and Building Services provided an update of the Study. The designated section of the Town’s website pertaining to the Study will be live by Friday, June 6th. Recommendation The Committee recommends the following: 1. That Report PL-2014-38 be received for Information purposes.

C) Site Plan Application SPA-04-12

Real Capital Partners (formerly BIN Management)

630 Prospect Blvd and 16736 Highway 12 The Committee had before it for consideration Staff Report PL-2014-35 dated May 29, 2014 with respect to Site Plan Application SPA-04-12 for the property at 630 Prospect Boulevard and 16736 Highway 12. The Director of Planning and Building Services provided an overview of the Application. Committee had discussion on the following matters:

Stormwater drainage issues and the reasoning or justification for using only one stormwater pond. Director confirmed that stormwater management for this facility will meet the Provincial standards regarding quality and quantity. Questions respecting the larger drainage system in the area will be directed to the Town Engineer regarding for response via email to members of Council.

Concern regarding Georgian College students traversing the property to get to Highway 12. There will be 2 formal routes, King Street and Jones Road at Highway 12. Prospect Blvd will be extended to Beamish therefore tripling the access to the area.

Pedestrian routes/sidewalks will be provided along the east side of Highway 12 and along the Jones Road extension. There will also be pedestrian connections within the development.

Clarification regarding the location of the snowmobile trail. It is located on MTO lands and not on private lands.

Recommendation The Committee recommends the following: 1. That revised Site Plan Application No. SPA-04-12 (Real Capital Partners Inc.) be

hereby approved.


3

2. That all required drawings and/or reports shall be submitted and approved by

the appropriate Staff in accordance with the approved Site Plan Application and

the changes identified in Staff Report PL-2014-35.

3. That Planning and Building Services Staff be directed to prepare the required

Site Plan Agreement for execution by the Owner and that the Site Plan

Agreement be brought forward to Council for approval and that a By-law to

authorize the Mayor and Clerk to execute the said Site Plan Agreement be

presented at the next available meeting.

D) Imperial Oil Ltd. – 509 Bay Street

The Committee had before it for consideration Staff Report PL-2014-37 dated June 2, 2014 with respect to the vacant Imperial Oil Ltd. property at 509 Bay Street. Committee had discussion regarding the landscaping features. Recommendation The Committee recommends the following: 1. That Council support the entering into of a License Agreement with Imperial Oil

Ltd. (IOL) in accordance with the terms and conditions as outlined in Staff

Report No. PL-2014-37 and direct Staff to finalize the Agreement, design and

funding and prepare the necessary By-law for the consideration of Council. ** Councillor Ross arrived at the meeting. E) Economic Development The Director of Planning and Building Services provided updates on the following:

Update regarding the Incorporation of the EDC of North Simcoe and the Board nominations.

26 applications received for the EDO position, which will be shortlisted with 2 to 3 candidates being presented to the EDC of North Simcoe.

Ongoing work on Healthcare, Smart Manufacturing and Tourism. HEA Website is up and running.

Mayor provided updates on the following: Update on Health Care innovators. King Street façade program undertaking by the BIA is underway. GBGH Penetang site will be closing. Palliative care beds and dialysis unit will be

transferred to the Midland location. The School Board made a decision to close PSS and the students will be moved to

MSS by 2016. Unimin negotiations ongoing.


4

4. FOR INFORMATION A) Technical Review Committee Report 2014-4 – Noted and Filed.

5. OTHER BUSINESS

There was no other business.

6. ADJOURNMENT The meeting was adjourned at 8:05 p.m.

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

MEMORANDUM

FUNCTION: Council CHAIR: Mayor Gord McKay DATE: June 17, 2014 SUBJECT: Heritage Designation of 422 King Street

The Midland Heritage Committee considered Staff Report PL-2014-31 (Attachment 1) regarding the designation of 422 King Street at their June 10, 2014 meeting. Council, in its approval of the planning applications OPA-01-12 and ZBA-08-12 on January 27, 2014 respecting 422 King Street, directed the Heritage Committee to prepare a report respecting the designation of the property. As part of Committee’s discussion, staff were directed to amend the draft Designation By-law to include the five (5) stained glass windows as Interior Heritage Attributes. The amended draft Designation By-law as recommended by Heritage Committee is attached as Attachment 2. The Heritage Committee then made the following Motion: That the Midland Heritage Committee hereby recommends to Council that 422 King Street (Letherby Home) be considered for designation pursuant to Section 29 of the Ontario Heritage Act and that staff be directed to finalize the draft designation By-law, as amended, and commence the “Notification of Intent to Designate” process as provided under the Ontario Heritage Act. Under the Ontario Heritage Act, any person may, within thirty (30) days of the Notice of Intent to Designate, present Notice of Objection to the proposed designation. Prepared by: J. Krushnisky, Planner Approved by: W. Crown, Director of Planning and Building Services Attachments Attachment A – Staff Report PL-2014-31 Attachment B – Amended Draft Designation By-law

______________________________________________________________________________

Heritage Committee 1 Heritage Designation of 422 King Street May 13, 2014 Report # PL-2014-31

STAFF REPORT

FUNCTION: Midland Heritage Committee CHAIR: Sue McKenzie DATE: May 7, 2014 SUBJECT: Heritage Designation of 422 King Street

RECOMMENDATION: That the Midland Heritage Committee hereby recommends to Council that 422 King Street (Letherby Home) be considered for designation pursuant to 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. BACKGROUND: The property located at 422 King Street was added to Midland’s Heritage Inventory pursuant to the Ontario Heritage Act in 2008 for its significant cultural heritage value. In 2012, the Midland Heritage Committee directed Staff to proceed with an evaluation of the property with regards to its potential designation under s.29 of the Ontario Heritage Act. As a result of this evaluation, Staff determined that 422 King Street merited a score of 187 which classified it as a ‘Group 2’ heritage resource, significant and worthy of preservation. Staff also had a preliminary meeting with the property owner Mr. Moranis on August 2, 2012 and gained access to the site for a site inspection on August 7, 2012. In the Staff Report to the Midland Heritage Committee, Staff concluded that the property at 422 King Street merited designation. At their August 14, 2012 meeting, the Midland Heritage Committee provided the following recommendation: THAT THE HERITAGE COMMITTEE DIRECT STAFF AS FOLLOWS: 1. THAT A DRAFT HERITAGE DESIGNATION BY-LAW BE PREPARED IN

ACCORDANCE WITH REPORT PL- 2012-57. 2. THAT STAFF WORK WITH THE OWNER OF 422 KING STREET WITH RESPECT

TO AN ACCEPTABLE HERITAGE DESIGNATION BY-LAW. Before the above recommendations could be carried out, the property owner of 422 King Street, Sadie Moranis Realty Corporation, approached the Town regarding the redevelopment of the property and submitted Official Plan and Zoning By-law

jkrushnisky

Typewritten Text

Attachment A - Staff Report PL-2014-31

______________________________________________________________________________


Amendment applications to the Town of Midland in December 2012. As a result of these applications, the designation process for 422 King Street was put on hold. The Official Plan and Zoning By-law Amendment applications were approved with revisions by Council on January 27, 2014. As part of this approval, Council passed the following motion: THAT THE MIDLAND HERITAGE COMMITTEE BE REQUESTED TO PROVIDE A REPORT AND RECOMMENDATION TO COUNCIL IN RESPECT OF THE DESIGNATION OF 422 KING STREET UNDER THE ONTARIO HERITAGE ACT AS A PROPERTY OF CULTURAL HERITAGE VALUE AND INTEREST. As directed by both Council and the Heritage Committee, staff resumed work on the designation of 422 King with this Staff Report and the attached Draft Designation By-law (See Attachment A). ANALYSIS: The purpose of this report is to seek Committee support and recommendation to proceed with the next stage for the heritage designation of 422 King Street. Pursuant to Ontario Heritage Act s. 29, after a property has been identified, researched and evaluated, and a report has been prepared for consideration by Council stating reasons supporting designation, Council may pass a motion to proceed with the designation process. At this point, the owner of the property and the Ontario Heritage Trust must be notified, and a Notice of Intention to Designate must be published in a local newspaper. If no objections to the notice are filed within 30 days, Council may proceed by passing a by-law designating the property. The by-law should be tailored to protect the historically significant features, or ‘Heritage Attributes’ of the property. This by-law will be registered on the title of the property at the Land Registry Office. The property must then be listed on the municipal and provincial registers of property. Based on the Town of Midland Heritage Property Evaluation Criteria (Appendix “B”), it is staff’s opinion that the Letherby property is a ‘Group 2’ heritage resource, significant and worthy of preservation. This evaluation reflects the significant cultural heritage value and interest of the property and the major link to the Town’s lumber mill era that it represents. For these reasons the Letherby Property should be designated a heritage resource under the Ontario Heritage Act. According to Fire Insurance Mapping the Letherby Home was built prior to 1904, primarily in the Classical Edwardian architectural style. This architectural style is reflected by the smooth, red stretcher-brick walls, medium hip roof with multiple gables, large-paned sash windows with simple rectangular transoms and the shallow oriel portion of the facade. In addition, there are several distinctive interior elements including decorative hardwood floors, original doors, windows and pocket doors with matching hardware, five

______________________________________________________________________________


(5) fireplaces, five (5) stained glass windows, twelve (12) foot high main floor ceilings, decorative moldings and spherical baluster tops on the servants’ staircase. Letherby Home is strongly linked to Midland’s lumber mill era as being one of four adjacent homes belonging to some of Midland’s foremost lumber barons. The property was purchased by Edwin Letherby in 1903 and was sold upon his death in 1953. Mr. Letherby was a prominent lumberman including being president of both the Letherby-Terry-Nicholson Lumber Company and the Letherby and Sons Lumber Mill. Mr. Letherby was also Mayor of Midland from 1908-1909 and 1916-1917, served several terms as a Town Councillor and was a lifelong supporter of the YMCA and St. Andrew’s Hospital. The property at 422 King Street is also important with regards to the visual identity of the Town of Midland. It is located on the main street of the Town adjacent to three other heritage properties of the same size, being significantly larger than other downtown residential properties, and all of which contain large heritage homes. Together these properties are known as the “Grand Homes of King Street” and act as an entrance into Downtown Midland. Draft Designation By-law The draft Designation By-law for 422 King Street is attached as “Attachment A” to this report. It is in the standard format for a Designation By-law in the Town of Midland which includes the By-law, Schedule A – Legal Description and Schedule B – Statement of Significance. As per s.29 of the Ontario Heritage Act, the Designation By-law must include a statement explaining the cultural heritage value or interest of the property and a description of its heritage attributes. If an alteration to the property is likely to affect the property’s heritage attributes as set out in the By-law, the property owner must obtain written consent from Council for the alteration. The heritage attributes which are included in the draft Designation By-law for 422 King Street are listed below. These heritage attributes were identified through the site inspection conducted on August 7, 2012. “Key exterior attributes that embody the cultural heritage value of Letherby Home and included in the designation:

The 21/2-storey form of the residence including scale, form and massing;

2-storey bay window structures on the south and east façades;

Original structure materials including the red stretcher-brick façade and wooden trim for the north, south and east façades (west façade not included);

Gables and pitch of the roof;

Configuration of large pain sash windows and wood window frames (west façade not included); and

Decorated lug sills and large paired cornice brackets (west façade not included).

______________________________________________________________________________


Key interior attributes that embody the cultural heritage value of Letherby Home and included in the designation:

Matching hardware present on first floor windows, doors and pocket doors

Decorative hardwood floors on the first floor;

The pocket doors on the first floor;

The spherical baluster tops on the servants’ staircase;

The five fireplaces; and

The decorative molding around the doors and windows of the third floor.” The rear building façade (west side) was excluded from the list of heritage attributes in order to reflect the recently approved Official Plan and Zoning By-law Amendments. The Amendments permit the redevelopment of the property which includes the addition of a 10-unit, 2-storey apartment building attached to the rear of Letherby Home and thereby altering this façade. Although the above heritage attributes include interior elements, it is common practice throughout Ontario to include only exterior heritage attributes in the Designation By-law unless there is a particularly unique attribute within the building. This allows those elements which are seen by the public and which contribute to the character of the area to be protected without restricting the property owner from undertaking interior alterations. In the case of 422 King Street, the approved Official Plan and Zoning By-law Amendments also permit the conversion of the original Letherby Home into three residential units, which would require significant interior alteration. In addition, the building suffered significant water damage from a burst pipe. As a result, several potential interior heritage attributes, such as floors and doors, will require significant repair if they are to be preserved. Subject to Heritage Committee direction, the approach of including only exterior heritage attributes may therefore be a viable option for the designation of 422 King Street. At this time it is staff’s recommendation that the “Notice of Intent to Designate” process should be initiated in order to progress towards designation and therefore fulfill the direction provided by Council and the Midland Heritage Committee. FINANCIAL IMPACT: The costs of sending out the Notice of Intent to Designate and publishing the Notice in the Midland Mirror are included in the normal operating budgets. Prepared by: J. Krushnisky, Planner Approved by: W. Crown, Director of Planning and Building Services Attachments Attachment A – Draft Designation By-law


BY-LAW 2014-XX

A By-law to designate Part of Block A, Registered Plan 464, municipally known as 422 King Street (Letherby Home) as being of cultural heritage

value or interest WHEREAS Section 29 of the Ontario Heritage Act, R.S.O. 1990, c.18, as amended, authorizes the Council of a Municipality to enact a By-law to designate real property including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the Council of the Corporation of the Town of Midland (the “Town”) has caused to be served on the owners of the lands and premises at:

Part of Block A, Registered Plan 464, municipally known as 422 King Street, Town of Midland, County of Simcoe, Ontario

and known as Letherby Home and upon the Ontario Heritage Trust, a Notice of Intention to designate the property and has caused such Notice of Intention to be published in a newspaper having general circulation in the Town; AND WHEREAS no Notice of Objection to the proposed designation has been served on the Clerk of the Town; AND WHEREAS the reasons for designation are set out in Schedule “B” attached hereto and forming part of this By-law; AND WHEREAS this By-law is to be registered in the proper Land Registry Office with respect to the property described in Schedule “A” attached hereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS:

1. That the property described as Part of Block A, Registered Plan 464, municipally known as 422 King Street (Letherby Home), more particularly described in Schedule “A” and as further described in Schedule “B” attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest.

2. That the Clerk is hereby authorized to cause a copy of this By-law to be served

on the owner of the aforesaid property and on the Ontario Heritage Trust and to cause notice of the passing of this By-law to be published in a newspaper having general circulation in the Town.

Attachment A

By-law 2014-XX Page 2

3. That the Clerk is hereby instructed to register a copy of this By-law on the title of the subject lands in the proper Land Registry Office, and include same in the Town’s Heritage Registry and Inventory.

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

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS XXTH DAY OF XXX, 2014.

THE CORPORATION OF THE TOWN OF MIDLAND __________________________________ MAYOR __________________________________ CLERK

Schedule “A” to By-Law 2014-XX

LEGAL DESCRIPTION

Part of Block A, Registered Plan 464, Town of Midland, County of Simcoe and being all of PIN 58463-0222.

Schedule “B” to By-law 2014-XX

STATEMENT OF SIGNIFICANCE Description of Property – Letherby Home, 422 King Street Letherby Home is a two and a half storey residential brick building located on the west side of King Street, between Ellen Street and Hannah Street. Statement of Cultural Heritage Value or Interest Design or Physical Value According to Fire Insurance Mapping the Letherby Home was built prior to 1904, primarily in the Classical Edwardian architectural style. This architectural style is reflected by the smooth, red stretcher-brick walls, medium hip roof with multiple gables, large-paned sash windows with simple rectangular transoms and the shallow oriel portion of the facade. Additional significant features include the stone accents of the decorated lug sills, which show a transition from the earlier Queen Anne style, and the exceptionally large paired cornice brackets on the façade. The property is an excellent example of surviving properties of the same style and is close to its original form in terms of major elements. In addition, there are several distinctive interior elements including decorative hardwood floors, original doors, windows and pocket doors with matching hardware, five (5) fireplaces, five (5) stained glass windows, twelve (12) foot high main floor ceilings, decorative moldings and spherical baluster tops on the servants’ staircase. Historical or Associative Value Letherby Home is strongly linked to Midland’s lumbermill era as being one of four adjacent homes belonging to some of Midland’s foremost lumber barons. The property was purchased by Edwin Letherby in 1903 and was sold upon his death in 1953. Mr. Letherby was a prominent lumberman including being president of both the Letherby-Terry-Nicholson Lumber Company and the Letherby and Sons Lumber Mill. Mr. Letherby was also Mayor of Midland from 1908-1909 and 1916-1917, served several terms as a Town Councillor and was a lifelong supporter of the YMCA and St. Andrew’s Hospital. Contextual Value Letherby Home also has cultural heritage value for its contextual value. The property is located on the main street of the Town adjacent to three other heritage properties, together being known as the “Grand Homes of King Street”. The four properties all contain large heritage homes and are of equal size, being significantly larger than other downtown residential properties. The properties also act as an entrance into Downtown Midland and are highly important to the character of this area. The site is substantially unchanged from its original and the residence has not been moved.

Description of Heritage Attributes Key exterior attributes that embody the cultural heritage value of Letherby Home and included in the designation:

The 21/2-storey form of the residence including scale, form and massing; 2-storey bay window structures on the south and east façades; Original structure materials including the red stretcher-brick façade and

wooden trim for the north, south and east façades (west façade not included);

Gables and pitch of the roof; Configuration of large pain sash windows and wood window frames (west

façade not included); and Decorated lug sills and large paired cornice brackets (west façade not

included). Key interior attributes that embody the cultural heritage value of Letherby Home and included in the designation:

Matching hardware present on first floor windows, doors and pocket doors Decorative hardwood floors on the first floor; The pocket doors on the first floor; The spherical baluster tops on the servants’ staircase; The five fireplaces; and The decorative molding around the doors and windows of the third floor.


BY-LAW 2014-XX

A By-law to designate Part of Block A, Registered Plan 464, municipally known as 422 King Street (Letherby Home) as being of cultural heritage

value or interest WHEREAS Section 29 of the Ontario Heritage Act, R.S.O. 1990, c.18, as amended, authorizes the Council of a Municipality to enact a By-law to designate real property including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS the Council of the Corporation of the Town of Midland (the “Town”) has caused to be served on the owners of the lands and premises at:

Part of Block A, Registered Plan 464, municipally known as 422 King Street, Town of Midland, County of Simcoe, Ontario

and known as Letherby Home and upon the Ontario Heritage Trust, a Notice of Intention to designate the property and has caused such Notice of Intention to be published in a newspaper having general circulation in the Town; AND WHEREAS no Notice of Objection to the proposed designation has been served on the Clerk of the Town; AND WHEREAS the reasons for designation are set out in Schedule “B” attached hereto and forming part of this By-law; AND WHEREAS this By-law is to be registered in the proper Land Registry Office with respect to the property described in Schedule “A” attached hereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS:

1. That the property described as Part of Block A, Registered Plan 464, municipally known as 422 King Street (Letherby Home), more particularly described in Schedule “A” and as further described in Schedule “B” attached hereto and forming part of this By-law is hereby designated as being of cultural heritage value or interest.

2. That the Clerk is hereby authorized to cause a copy of this By-law to be served

on the owner of the aforesaid property and on the Ontario Heritage Trust and to cause notice of the passing of this By-law to be published in a newspaper having general circulation in the Town.

jkrushnisky

Typewritten Text

Attachment B - Amended Draft Designation By-law

By-law 2014-XX Page 2

3. That the Clerk is hereby instructed to register a copy of this By-law on the title of the subject lands in the proper Land Registry Office, and include same in the Town’s Heritage Registry and Inventory.

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

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS XXTH DAY OF XXX, 2014.

THE CORPORATION OF THE TOWN OF MIDLAND __________________________________ MAYOR __________________________________ CLERK

Schedule “A” to By-Law 2014-XX

LEGAL DESCRIPTION

Part of Block A, Registered Plan 464, Town of Midland, County of Simcoe and being all of PIN 58463-0222.

Schedule “B” to By-law 2014-XX

STATEMENT OF SIGNIFICANCE Description of Property – Letherby Home, 422 King Street Letherby Home is a two and a half storey residential brick building located on the west side of King Street, between Ellen Street and Hannah Street. Statement of Cultural Heritage Value or Interest Design or Physical Value According to Fire Insurance Mapping the Letherby Home was built prior to 1904, primarily in the Classical Edwardian architectural style. This architectural style is reflected by the smooth, red stretcher-brick walls, medium hip roof with multiple gables, large-paned sash windows with simple rectangular transoms and the shallow oriel portion of the facade. Additional significant features include the stone accents of the decorated lug sills, which show a transition from the earlier Queen Anne style, and the exceptionally large paired cornice brackets on the façade. The property is an excellent example of surviving properties of the same style and is close to its original form in terms of major elements. In addition, there are several distinctive interior elements including decorative hardwood floors, original doors, windows and pocket doors with matching hardware, five (5) fireplaces, five (5) stained glass windows, twelve (12) foot high main floor ceilings, decorative moldings and spherical baluster tops on the servants’ staircase. Historical or Associative Value Letherby Home is strongly linked to Midland’s lumbermill era as being one of four adjacent homes belonging to some of Midland’s foremost lumber barons. The property was purchased by Edwin Letherby in 1903 and was sold upon his death in 1953. Mr. Letherby was a prominent lumberman including being president of both the Letherby-Terry-Nicholson Lumber Company and the Letherby and Sons Lumber Mill. Mr. Letherby was also Mayor of Midland from 1908-1909 and 1916-1917, served several terms as a Town Councillor and was a lifelong supporter of the YMCA and St. Andrew’s Hospital. Contextual Value Letherby Home also has cultural heritage value for its contextual value. The property is located on the main street of the Town adjacent to three other heritage properties, together being known as the “Grand Homes of King Street”. The four properties all contain large heritage homes and are of equal size, being significantly larger than other downtown residential properties. The properties also act as an entrance into Downtown Midland and are highly important to the character of this area. The site is substantially unchanged from its original and the residence has not been moved.

Description of Heritage Attributes Key exterior attributes that embody the cultural heritage value of Letherby Home and included in the designation:

The 21/2-storey form of the residence including scale, form and massing; 2-storey bay window structures on the south and east façades; Original structure materials including the red stretcher-brick façade and

wooden trim for the north, south and east façades (west façade not included);

Gables and pitch of the roof; Configuration of large pain sash windows and wood window frames (west

façade not included); and Decorated lug sills and large paired cornice brackets (west façade not

included). Key interior attributes that embody the cultural heritage value of Letherby Home and included in the designation:

Matching hardware present on first floor windows, doors and pocket doors Decorative hardwood floors on the first floor; The pocket doors on the first floor; The spherical baluster tops on the servants’ staircase; The five stained glass windows; The five fireplaces; and The decorative molding around the doors and windows of the third floor.

CORPORATION OF THE TOWN OF MIDLAND

BY-LAW 2014-45

A By-law to authorize the entering into of an Agreement with the Pepsi Bottling Group for the provision of a Scoreboard and Sound System at the North Simcoe Sports and Recreation Centre and a beverage supply arrangement.

WHEREAS Section 8 of The Municipal Act, 2001, 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 the Act or any other Act; AND WHEREAS The Corporation of the Town of Midland and Pepsi Bottling Group wish to renew the agreement with the North Simcoe Sports and Recreation Centre; AND WHEREAS Council deems it expedient to enter into an Agreement with the Pepsi Bottling Group for the provision of a Scoreboard and Sound System at the North Simcoe Sports and Recreation Centre and a beverage supply arrangement; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS:

1. THAT an Agreement be entered into with the Pepsi Bottling Group in accordance with the agreement attached hereto and marked as Appendix “A” and forming part of this by-law.

2. THAT the Mayor and Clerk are hereby authorized to execute the said agreement on

behalf of the Corporation of the Town of Midland and affix thereto the Corporate Seal.

3. That By-law 2004-50 is hereby rescinded.

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

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF JUNE, 2014. CORPORATION OF THE TOWN OF MIDLAND MAYOR ACTING CLERK

MARLENA LADOUCEUR

[email protected]

Appendix “A”

MARLENA LADOUCEUR

[email protected]

CORPORATION OF THE TOWN OF MIDLAND

BY-LAW 2014-46

A By-law to authorize the entering into an agreement with Re/Max Georgian Bay Realty Limited for the use of property

municipally known as 833 King Street, Midland, Ontario.

WHEREAS Section 8 of The Municipal Act, 2001, 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 the Act or any other Act; AND WHEREAS the Council of The Corporation of the Town of Midland deems it desirable to enter into a Licence Agreement with Re/Max Georgian Bay Realty Limited for the use of property municipally known as 833 King Street, Midland and legally described as W Pt. Lot 102, on Schedule “A” Conc. 2, Part 2 Reference Plan 51R 15979; AND WHEREAS the Town wishes to use a portion of the Property as shown on Schedule “A” attached hereto for the purpose of providing temporary public parking for the users of the Galloway Park Soccer Fields owned by the Licencee. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREIN ENACTS AS FOLLOWS:

1. THAT an Agreement be entered into with Re/Max Georgian Bay Realty Limited in accordance with the agreement attached hereto and marked as Appendix “A” and forming part of this by-law.

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

on behalf of the Corporation of the Town of Midland and affix thereto the Corporate Seal.

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

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF JUNE, 2014. CORPORATION OF THE TOWN OF MIDLAND MAYOR ACTING CLERK

LICENCE AGREEMENT

THIS LICENCE AGREEMENT made as of the 23rd day of June 2014. BETWEEN:

RE/MAX GEORGIAN BAY REALTY LIMITED (hereinafter known as “Re/Max”)

and


(hereinafter known as the “Town”)

WHEREAS:

a. Re/Max Georgian Bay Realty Limited is the owner of the property municipally known as 833 King Street, Midland, Ontario and legally described as W Pt. Lot 102, on Schedule “A” Conc. 2, Part 2, Reference Plan 51R-15979.

b. The Town wishes to use a portion the Property as shown on Schedule “A” attached hereto for the purpose of providing temporary public parking for the users of the Galloway Park Soccer Fields owned by the Licencee.

NOW THEREFORE this Licence Agreement witnesses that in consideration of the mutual covenants contained herein, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Term and Scope of Licence

Re/Max hereby grants to the Town a non-exclusive right in the nature of a personal licence (the “Licence”) for the Town and its employees, invitees and guests, including the general public, to enter upon the Property on a non-exclusive basis seven (7) days a week for a period of five (5) years commencing July 1, 2014, to and including June 30, 2019, (the “Term”), for the sole purposes of temporary public parking for the public, including employees, invitees and guests of the Town, and to maintain and repair the Property as further set out herein. The Town will be solely responsible for obtaining any permits and/or regulatory approvals as may be required for the Town, the public, and the Town’s employees, invitees and guests, to exercise the Licence, including payment of any related fees and/or any other costs. The Town shall pay an annual license fee to Re/Max in the amount of $1,500.00, due August 1st of each year. The Town covenants and agrees that it shall not permit long-term parking or overnight

Appendix “A”

2

parking on the Property, and that the parking on the Property of commercial vehicles of any sort shall be prohibited.

2. Right of Early Termination

Notwithstanding any other provisions of this Licence, each of the Town and Re/Max shall be entitled at their discretion to terminate this Licence prior to expiry of the Term upon at least one hundred and eighty (180) days prior written notice to the other party, without incurring any liability therefore. Notwithstanding such termination, the Town hereby acknowledges, covenants and agrees that it shall remain liable for the completion and/or fulfillment of all obligations of the Town incurred pursuant to this Licence prior to its termination.

3. Site Preparation and Maintenance

The Town hereby agrees to level and place appropriate gravel on the property at the Town’s expense for the purpose of a parking lot. The Town shall be responsible for all site preparation and maintenance of the property throughout the term of this licence.

4. Restoration

Upon expiration or earlier termination of this Licence, the Town shall cease entering on the Property, shall cause all of its employees, agents, contractors, guests and invitees and all of the public to cease using the Property and to vacate the Property, shall leave the Property in good repair. In addition, the Town shall be solely responsible for any and all damage occasioned to the Property from any cause whatsoever during the Term and the Town shall repair any and all such damage forthwith at its own expense and restore that portion of the Property, which has been so damaged to its previous condition, utilizing materials at least equivalent in quality and design to that existing prior to such damage, all to the reasonable satisfaction of Re/Max.

5. Insurance

Re/Max shall not be liable nor responsible in any way for any loss of or damage or injury, no matter how caused, to any property belonging to the Town or to its employees, guests, invitees, agents or contractors, members of the public or to any other person while such property or person is on the Property. The Town covenants and agrees that it will, at its own expense, maintain adequate general public liability insurance against a loss or damage to property including motor vehicles and contents thereof of members, employees, agents, contractors, guests and invitees of the Town and against any injury to any person or persons in an amount of not less than Five Million ($5,000,000.00) Dollars with an insurance company or companies licenced to carry on business in Canada.

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Such insurance policy shall list Re/Max as an Added Insured (and not Named Insured.)

6. Indemnity

The Town shall use the Property and permits its usage by the Town’s employees, agents, contractors, guests and invitees, at the Town’s sole risk and the Town agrees to indemnify and save harmless Re/Max, its officers, directors, servants, agents and contractors from and against any and all liabilities, damages, costs, suits or actions of any nature whatsoever arising from the Towns’ failure (and/or the failure of the public, including the Town’s employees, agents, contractors, guests and invitees) to vacate the Property upon the expiration of the Term or any termination of the Licence pursuant to Section 3, and from the Town’s use and/or occupation of the Property by the Town and its employees, agents, contractors, guests and/or invitees and the general public or from any condition on the Property or any street, curb or sidewalk adjoining the same or arising from any breach or default in the performance of any covenants or agreement on the part of the Town to be kept, observed or performed pursuant to the terms of this Licence Agreement, or arising from any act of negligence of the Town or any of its agents, contractors, employees, guests or invitees, or those for whom the Town or any of its agents, contractors, employees, guests or invitees is at law responsible, or arising from any accident, injury or damage whatsoever caused to any person, firm or corporation occurring during the Term in or about the Property, or upon or under the sidewalks and the land adjacent thereto, and from and against all costs, counsel fees, expenses and liabilities incurred in connection with any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against Re/Max by reason of such claim, the Town upon notice from Re/Max covenants to resist or defend such action or proceeding by counsel reasonably satisfactory to Re/Max. The terms of this Section 6 and the Town’s obligation to indemnity Re/Max shall survive the termination or expiration of this Licence. RE/Max shall be indemnify by the Town of any indemnification obligation arising from any pre-existing condition and for Re/Max to provide an indemnity for any pre-existing condition.

7. First Right of Refusal

The Town shall have the first right of refusal should Re/Max wish to sell the property at any time during this licence agreement. The Town shall have sixty (60) days from the date of written notification to submit an offer to purchase.

8. Assignment

The Town will not assign this Licence Agreement or the Licence in whole or in part nor permit any other person (with the exception of its employees, guests and invitees and the general public for the sole purposes as provided in Section 1

4

above and such other persons as may be permitted by Re/Max to occupy or use the Property without the prior written consent of Re/Max, which consent may be unreasonably withheld.

9. Notice

Any notice or communication required or permitted to be given hereunder shall be in writing and shall be deemed to have been properly given when delivered personally, or electronically by e-mail or by facsimile transmission addressed to the parties hereto as follows:

To: Corporation of the Town of Midland 527 Len Self Boulevard Midland, Ontario L4R 5N6 Attention: Mr. Bryan Peter Telephone No.: 705-526-4770, ext. 3207 Facsimile: 705-527-6049

Email address: [email protected] To: Re/Max Georgian Bay Realty Ltd. 833 King Street , P.O. Box 416 Midland, Ontario L4R 4L1 Attention: Mr. Bob Armstrong Telephone No. 705-526-9366 Facsimile: 705-526-7120 Email address: [email protected]

Any notice or communication delivered personally, electronically by e-mail or sent by facsimile transmission shall be deemed to have been received by the addressee on the day upon, which it is delivered or the next business day after notice is sent by facsimile transmission. Either of the parties hereto may change its address for the purpose hereof by directing a notice in writing of such change to the other parties at the above addresses and thereafter such changed address shall be effective for the purposes hereunder.

10. Alterations

The Town shall not make any improvements, alterations or additions to the Property without having first obtained Re/Max, prior written consent, which consent may not be unreasonably withheld.

11. Observance of Law

The Town shall, at its sole cost and expense, ensure that its use of the Property, and that of the public and the Town, employees, invitees and guests and its compliance with all of its obligations under this Licence shall be in accordance

5

with all applicable laws and the requirements of all governmental agencies and authorities.

12. Entire Agreement

This Licence sets forth all the covenants, promises, agreements, conditions and understandings between the parties concerning the Property and supersedes any prior agreements, leases or understandings. There are no covenants, promises, agreements, conditions or representations either oral or written, between the parties other than as set forth herein. No subsequent alteration, change, amendment or addition to this Licence shall be binding upon the parties unless reduced in writing and signed by them.

13. No Tenancy or Joint Venture

The parties acknowledge and agree that nothing in this Licence Agreement shall in any way be construed to constitute a lease, partnership or joint venture between the parties.

14. Successors and Assigns

This Licence Agreement shall enure to the benefit of and be binding upon each party hereto and their respective permitted successors and assigns.

15. No Interest in Land

The Town hereby acknowledges and agreed that this Licence Agreement and the Licence are non-exclusive and are personal to the Licence and shall not create any interest in the Property.

16. Further Assurances

The parties hereto covenant and agree to execute such further assurances as may be required to affect the covenants and agreements contained herein.

17. Governing Law

This Licence Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario.

IN WITNESS WHEREOF the parties herein have affixed their respective seals under the hands of their respective proper officers duly authorized in that behalf as of the date first set out above.

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Re/Max Georgian Bay Realty Ltd. Mr. Bob Armstrong I have authority to bind the Corporation CORPORATION OF THE TOWN OF MIDLAND Gord McKay, MAYOR Laura Lee, ACTING CLERK I/We have authority to bind the Corporation.

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SCHEDULE “A”

Legal Description of Property

W Pt Lot 102, Con 2;

Part 2 of Reference Plan 51R – 15979 PIN 5847-40217


BY-LAW 2014-47

A by-law to amend by-law 2011-27 being a by-law to require and regulate the filling up, draining, cleaning and clearing of any grounds, yards or vacant lots within the Town of

Midland. WHEREAS the Municipal Act, 2001, S.O., c.25, Section 127 provides that a local municipality may require the owner or occupant of land to clean and clear the land, or to clear refuse or debris from the land, not including buildings; AND WHEREAS Section 446 (1) to (5) of the said Act authorizes municipal remedial action, entry onto land, recovery of costs and addition of costs to the tax roll;

AND WHEREAS Council deems it expedient to amend by-law 2011-27 by including the maintenance of Town owned boulevards and sidewalks; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1. That by-law 2011-27 be amended by inserting section 1(b) with the following

wording: ”Boulevard” means

(i) that portion of a highway, paved or unpaved between the Town property line and the curb line but does not include the sidewalk; or

(ii) any centre median strip or island separating two (2) roadways. 2. That by-law 2011-27 be amended by inserting section 1(m) with the following

wording: ”Sidewalk” means that portion of a highway as is set aside by the Town for the

use of pedestrians. 3. That the balance of the definitions be renumbered accordingly as required. 4. That by-law 2011-27 be amended by inserting section 2(i) with the following

wording: “Every owner, lessee or occupant shall maintain the municipal boulevard and sidewalk adjoining their property, specifically: (i) maintain all vegetation planted in the boulevard in a state of healthy

growth, with boulevard grass kept trimmed to a height less than 20 cm (8 inches),

(ii) keep the boulevard and sidewalk clear of noxious weeds, litter, rubbish, brush, leaves, lawn and tree trimmings,

5. That by-law 2011-27 be amended by replacing section 3(a) with the following

wording: “The Officer may, by notice sent by mail to the owner, lessee or occupant of the property or structure, or in the case of a boulevard or sidewalk, to the owner, lessee or occupant of the property adjacent to the

By-law 2013-47 Page 2

boulevard or sidewalk, require the owner, lessee or occupant within the time specified with the notice:

(i) to clean, clear or remove from the property, structure, boulevard or sidewalk garbage, refuse or domestic or industrial waste of any kind,

(ii) to cease using the property, structure, boulevard or sidewalk

for the dumping or disposing of garbage, refuse or domestic or industrial waste of any kind,

(iii) to cover over, screen, shield or enclose the garbage, refuse, domestic or industrial waste in the manner prescribed by the Officer,

(iv) to control grass and weeds as per sections 2(d) and/or 2(i) by cutting.

6. 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 JUNE 2014. THE CORPORATION OF THE TOWN OF MIDLAND

__________________________________

MAYOR __________________________________ CLERK



Part 1 Provincial Offences Act

By-law 2014-47, being a by-law to require and regulate the filling up, draining, cleaning and clearing of any grounds, yards or vacant lots within

the Town of Midland Item

Column 1

Short Form Wording

Column 2

Provision Creating or Defining

Offence

Column 3 Set Fine

1. Owner, lessee or occupant fail to keep property filled up, drained, clean or clear.

Section 2(a) $100.00

2. Owner, lessee or occupant fail to keep property free and clean of garbage.

Section 2(b) $100.00

3. Owner, lessee or occupant fail to keep property free and clean of refuse.


4. Owner, lessee or occupant fail to keep property free and clean of industrial waste.


5. Owner, lessee or occupant fail to keep property free and clean of domestic waste.


6. Owner, lessee or occupant fail to keep property free from unsafe or hazardous condition.

Section 2(c) $100.00

7. Owner, lessee or occupant fail to keep grass and weeds cut – out of context with surrounding environment.

Section 2(d)(iii) $100.00

8. Owner, lessee or occupant fail to keep grass and weeds cut less than eight inches.

Section 2(d)(iv) $100.00

9. Owner, lessee or occupant fail to maintain all vegetation planted in the boulevard

Section 4(i) $100.00

10. Owner, lessee or occupant fail to keep the boulevard and sidewalk clear of noxious weeds, litter, rubbish, brush, leaves, lawn and tree trimmings,

Section 4(2) $100.00

NOTE: The Penalty provision for the offences indicated above is Section 11 of By-law 2011-27, a certified copy of which has been filed.


BY-LAW 2014-48

A by-law to provide policies with respect to the procurement of goods and services and to repeal by-law 2004-96

WHEREAS Section 270 of the Municipal Act, 2009, S.O. c.25 provides that a municipality shall adopt and maintain a policy with respect to its procurement of goods and services; AND WHEREAS the Corporation of the Town of Midland passed by-law 2004-96 being a by-law to provide policies with respect to the procurement of goods and services; AND WHEREAS Council deems it expedient to repeal by-law 2004-96 and adopt a new by-law to implement required changes. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS:

1. THAT Schedule 1, attached hereto, being the Town of Midland Procurement Policy, as to form and content, forms part of the By-law and is hereby approved.

2. THAT By-law No. 2004-96 is hereby repealed.

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

thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF JUNE, 2014

THE CORPORATION OF THE TOWN OF MIDLAND MAYOR CLERK

By-law No. 2014-48 Page 1

Schedule 1 to By-law 2014-48

Table of Contents 1 Definitions 22 Purposes, Goals and Objectives 43 Application of this By-law 54 Purchasing Responsibilities 5 4.1 Expenditure Authorization 5 4.2 Department Head Authorization and Responsibilities 55 Pre-Purchase Mechanisms 6 5.1 Request for Information 6 5.2 Request for Expression of Interest 6 5.3 Request for Pre-Qualification 66 Standard Purchasing Mechanisms 6 6.1 Informal Purchases (Less than $10,000) 6 6.2 Quotation Purchases (Between $10,000 and $25,000) 6 6.3 Formal Tender Purchase (Over $25,000) 7 6.4 Formal Request for Proposal Purchase 77 Formal Tender/RFP Process 78 Alternate Purchasing Mechanisms 10 8.1 Emergency Purchases 10 8.2 Purchases by Negotiation 10 8.3 Sole Source Purchases 11 8.4 Project Specific Purchasing 129 Local Preference 1210 Bid Deposits 1211 Performance Security Deposits 1312 Exclusion of Bidders 1313 Exceptions from Requirement of Purchasing Process 1314 General Rules 1515 General Application 1816 Resolution of Questions of Policy 1817 Policy Review 1818 Disposal of Surplus Goods 18

By-law No. 2014-48 Page 2 Schedule 1 to By-law 2014-48

1 DEFINITIONS (a) “Acquisition” means the process used for obtaining goods and services. (b) “Agreement” means a legal document that binds the Corporation of the Town of

Midland and all other parties, subject to the provisions of the contract. (c) “Approval” means authorization to proceed with the purchase or disposal of

goods and/or services. (d) “Bid” means an offer or submission received in response to a request for

quotation, tender or proposal which is subject to acceptance or rejection. (e) “Bid Deposit” means a submission from a prospective supplier in response. (f) “Blanket Order” means the agreement wherein a supplier will provide certain

items to the Town for an agreed period of time with established terms and conditions.

(g) “Budget” means the budget approved by Council for the current fiscal year at

which time purchase of goods and services are being considered. (h) “Chief Administrative Officer” means the Chief Administrative Officer (CAO)

for the Corporation of the Town of Midland. (i) “Committee” means a committee as designated by the Council of the

Corporation of the Town of Midland. (j) “Council” means the Council of the Corporation of the Town of Midland. (k) “Department Head” means the person responsible for direction and operational

control of a Department. (l) “Disposal” means the removal of materials owned by the Town by sale, trade-

in, auction, alternative use, gift or destruction which are deemed surplus. (m) “Emergency Purchase” means a purchase made in a crisis situation where

immediate action is required to prevent or correct dangerous or potentially dangerous conditions, further damage, to restore minimum service or ensure the safety of the public.

(n) “Execute” means to legally bind the Corporation of the Town of Midland to the

terms and conditions defined within an Agreement. (o) “Expenditure” means the payment of monies by the Corporation of the Town of

Midland in consideration of the acquisition of goods and/or services.

By-law No. 2014-48 Page 3 (p) “Evaluation Committee” means a committee that may be established to

conduct reviews, evaluations, interviews, and/or presentations of prequalification submissions, tenders or proposals during an evaluation period for proposed goods, services or construction.

(q) “Evaluation Criteria” means the criteria to be used in Requests For

Prequalification, Tender calls and Requests For Proposals to determine which respondent bests meets the Town’s needs. Criteria can include, but is not limited to, company background, project team and manager, related experience, availability for duration of works, comprehension, understanding and approach to works, planning and resources, innovation, schedule of fees, quality of service, compatibility, product reliability, operating efficiency/costs, and other factors deemed appropriate.

(r) “Firm” means the company, group, supplier, business, or individual conducting

business and supplying goods or services. (s) “Formal Quotation” means a document that sets out particular requirements for

goods and/or services. (t) “Goods and Services” means supplies, work, equipment, property,

construction, projects, public works services and consultant’s services which the Corporation of the Town of Midland is intending to obtain.

(u) “In-house Bid” means a bid made by a Department and authorized by the

Department Head, submitted in response to a bid solicitation, where the provision of the goods, services or construction at the lowest total acquisition cost, meets all the specifications and contains no irregularities requiring automatic rejection.

(v) “Informal Quotation” means a competitive bid process for goods or services

that is conveyed and received from bidders in a written format by e-mail, mail or fax.

(w) “Negotiation” means the action or process of conferring with one or more

suppliers leading to an agreement on the acquisition of the required goods and services under the conditions outlined in this Policy.

(x) “Procurement/Purchase” means to acquire by purchase, rental or lease of

goods and/or services. (y) “Quotation” means a written offer received from a firm in response to a request

from the Town for the provision of goods and/or services. (z) “Request for Proposal” means an offer to provide goods or services to the

Town where it is not practical to prepare precise specifications, or where alternatives to detailed specifications will be considered which may be subject to further negotiation. This process allows suppliers to propose solutions to arrive at the end product, and allows for evaluation on criteria other than price.

By-law No. 2014-48 Page 4 (aa) “Services” means items such as telephone, gas, water, hydro, janitorial and

cleaning services, consultant services, legal surveys, medical and related services, insurance, leases for grounds, buildings, office or other space required by the Corporation of the Town of Midland and the rental, repair or maintenance of equipment, machinery, or other personal and real property.

(bb) “Sole Source” means there may be more than one source in the open market

but for reasons of function or service only one supplier is recommended for consideration of the particular goods and/or services.

(cc) “Supplies” means goods, wares, merchandise, material and equipment. (dd) “Supplier” means any person or enterprise supplying goods or services to the

Corporation of the Town of Midland including, but not limited to, contractors, consultants, vendors, project managers and service suppliers.

(ee) “Tender” means a document which sets out particular specifications for the

commodity or service required. This can also refer to an offer in writing to execute some specified work or to provide some specified articles at a specified rate.

(ff) “Town” means the Corporation of the Town of Midland. (gg) “Treasurer” means the Treasurer for the Corporation of the Town of Midland. 2 PURPOSES, GOALS AND OBJECTIVES The purposes, goals and objectives of this by-law and of each of the methods of

procurement authorized are: i) to encourage competition among suppliers; ii) to maximize savings for taxpayers;

iii) to ensure service and product delivery, quality, efficiency and effectiveness;

iv) to consider all costs, including, but not limited to, acquisition, operating,

training, maintenance, quality, warranty, payment terms, disposal value and disposal costs, in evaluating bid submissions from qualified, responsive and responsible suppliers.

v) to ensure fairness among bidders; vi) to ensure openness, accountability and transparency while protecting the

financial best interests of the Town; vii) to purchase environmentally responsible goods and services to attempt to

reduce the amount of solid waste requiring disposal;

By-law No. 2014-48 Page 5 viii) to encourage the procurement of goods and services with due regard to

the product being accessible to people with disabilities or be capable of being made accessible through the use of technology; and

ix) to, whenever possible, standardize the procurement of goods and services

to allow for: a) reduced number of goods and services required; b) increased volume on common items or services; c) maximizing volume buying opportunities; d) providing economies of scale; e) reduced handling, training and storage costs; f) minimizing maintenance costs; g) co-operative purchasing activities; h) competitive bid results; i) reduced overall cost. 3. APPLICATION OF THIS BY-LAW

All Boards, Committees and Commissions using Town funds are herein advised to adhere to the monetary provisions of this bylaw as a guideline for purchasing with modifications as deemed necessary in terms of procedure.

4. PURCHASING RESPONSIBILITIES 4.1 Expenditure Authorization i) Council has ultimate authority for all expenditures. Council delegates this

authority by the authorization of budgets or by specific resolution. Treasury shall not pay for any item that has not been authorized by Council through budget appropriation or specific resolution.

4.2 Department Head Authorization and Responsibilities i) A Department Head shall be responsible for approval of accounts within

the approved department budget. Unbudgeted capital expenditures require prior Council approval.

ii) Resolutions approving budget amendments, capital expenditures or

special appropriations shall contain the purpose of expenditure, cost estimates or expenditure limitation, and the fund in which an appropriation has been provided. All staff reports recommending such resolutions shall contain the CAO’s endorsement.

iii) A Department Head may appoint a designate to exercise any or all

responsibilities assigned to the Department Head by this policy.

By-law No. 2014-48 Page 6 5. PRE-PURCHASE MECHANISMS 5.1 Request for Information (R.F.I.)

The Town may, at its sole discretion, issue a non-binding solicitation of input from interested parties with respect to a possible future procurement process. A firm price or cost information is not required. Feedback may include best practices, industry standards, technology issues, feasibility issues, etc.

5.2 Request for Expression of Interest (R.F.E.O.I.)

The Town may, at its sole discretion, request expressions of interest to determine the level of interest of the marketplace to provide goods or services which the Town is contemplating purchasing.

5.3 Request for Pre-Qualification (R.F.P.Q.)

The Town may, at its sole discretion, request a detailed submission of the experience, financial strength, education, background, personnel or any other criteria the Town deems applicable of individuals, firms or Corporations who may, from time to time, qualify to supply goods, services, or construction to the Town, but which does not create any contractual obligation between the respondent submitting the pre-qualification submission and the Town but which may be a condition of a future procurement by the Town. Prequalification applications may be reviewed by an Evaluation Committee according to whatever Evaluation Criteria is deemed appropriate.

6. STANDARD PURCHASING MECHANISMS 6.1 Informal Purchases (less than $10,000)

The Department Head shall be authorized to make purchases of goods and services for estimated expenditures less than $10,000 from under such terms and conditions as the Department Head deems appropriate subject to first obtaining at least three quotations, whenever possible.

6.2 Quotation Purchases (Between $10,000 and $25,000)

The Department Head shall be authorized to make Quotation Purchases for goods and services for estimated expenditures exceeding $10,000 and less than $25,000 under such terms and conditions as the Department Head deems appropriate subject to first obtaining at least three written quotations, whenever possible. Bid documents and specifications, as applicable, may be issued or received by electronic transmission.

By-law No. 2014-48 Page 7 6.3 Formal Tender Purchases (Over $25,000)

i) The Department Head shall not order goods or services exceeding $25,000 without requesting and obtaining sealed tenders for the goods and services unless specifically authorized to do so by a resolution of Council for a particular transaction. At least three bids must be obtained, whenever possible.

ii) The Department Head must follow the Formal Tender/R.F.P. process. 6.4 Formal Request for Proposal (R.F.P.) Purchases

i) The Department Head may use a Request for Proposal (RFP) in place of a tender or quotation when goods or services cannot be specifically stipulated or when alternative methods are being sought to perform certain functions or services.

ii) Proposals may be reviewed by an Evaluation Committee according to

whatever Evaluation Criteria is deemed appropriate.

iii) The Department Head must follow the Formal Tender/RFP process. 7. FORMAL TENDER/REQUEST FOR PROPOSAL PROCESS 7.1

i) All Tenders/RFP’s shall be publicly advertised. Public advertising may include, but is not limited to:

Local newspaper; Trade newspaper; Town of Midland website; Other publications including electronic media.

ii) Invitations may be sent at the discretion of the respective Department

Head.

iii) All Tender/RFP’s shall be issued in writing.

iv) All Tender/RFP’s advertised shall include a deadline date and time for submission of the Tender/Proposal.

v) Advertisements for Tender/RFP’s must be published at least two weeks

prior to the deadline referred to above.

vi) The Tender/RFP document shall include the statement: “lowest or any Tender/Proposal not necessarily accepted” or “highest or any Tender/Proposal not necessarily accepted”, whichever the case might be.

vii) Tenders/Proposals received must be in a sealed envelope and the outside

By-law No. 2014-48 Page 8 of the envelope must be marked “Tender/Proposal for” and identify the project to which the Tender/Proposal relates.

viii) All Tenders/Proposals received over $25,000 shall be initialled by the

employee receiving the Tender/Proposal and the employee shall write the date and time of receipt on the Tender/Proposal envelope.

ix) Tenders/Proposals received must be original copies. Faxes or emails will

not be accepted.

x) Any Tender/Proposal received after the deadline shall be returned to the sender with an explanation that the tender was not received by the deadline for submission. The tender/proposal shall not be opened unless it is necessary to do so to obtain the return address.

xi) The Town of Midland reserves the right, in its sole and absolute discretion,

to accept or reject any Tender/Proposal which is late, illegible, incomplete, conditional, obscure, irregular, which has erasures or corrections in the documents, which contains alterations or irregularities of any kind, which are unsigned, which contain insufficient deposits or securities, which contain insufficient bonding, which do not meet specification requirements, or which otherwise fail to comply with the requirements of the Tender/RFP documents.

xii) A bidder who has already submitted a Tender/Proposal may submit a

further Tender/Proposal at any time up to the official closing time. The last Tender/Proposal received will supersede and invalidate all Tenders/Proposals previously received by that bidder.

xiii) All Tenders/Proposals received shall be opened as soon as possible after

the time specified for opening in the tender document. All Tender/Proposal openings shall be open to the public.

xiv) All Tenders/Proposals received shall be opened in public in the presence

of the respective Department Head or designate, Chair or Vice Chair or at least one member of Council, and at least one other employee.

xv) When Tenders/Proposals have been opened, they shall be referred to the

Department Head and a member of Treasury staff for review. Based on the results of this review and the concurrence of the CAO, the Department Head shall prepare a report for General Committee or Council including a recommendation.

xvi) No Tender/RFP shall be called unless Council has approved the budget

for the goods, services or project prior to the tender call.

xvii) Final awarding of contracts over $25,000 shall be at the approval of Council;

By-law No. 2014-48 Page 9 7.2 The criteria which may be considered by the Town in awarding a Contract will

include a combination of price, scheduling, expertise, qualifications, and suitability of the Tenderer, and such other conditions as may be determined by the Town to be in its own best interest.

7.3 For all Tenders/Request for Proposals, the Work(s) or portions thereof are

subject to the procurement and issuance of funding, certain permits, authorizations, licenses, easements and other approvals as may be required from third parties or under applicable laws, statutes and regulations (“Approvals”). In the event that any Approvals are not issued by any third parties (“Frustrating Event”) the Town reserves the right, and without liability to the Tenderer, to: Not award the Contract and/or cancel the request for Tenders; Award the Contract in whole or in part but expressly subject to the right

on the part of the Town to cancel all or part of the Contract at any time after the award thereof in the event that such Approvals cannot be obtained;

Delay the consideration of the award of the Contract until such time as the Approvals may be obtained;

7.4 In any event, the Town reserves the right, in its absolute discretion, to reject any

or all tenders or to award the contract to other than the Tenderer submitting the lowest Tender, provided that Council, in its sole and absolute discretion, decides that it is in the best interest of The Corporation of the Town of Midland to do so.

7.5 By submitting a Tender/Request for Proposal document, the Tenderer acknowledges that it shall have no claim against, or entitlement to damages from the Town by reason of the Town’s rejection of its Tender or of all Tenders, or by reason of any delay in the acceptance of a Tender, or cancelling all or part of the Contract as a result of a Frustrating Event. Tenders are subject to a formal Contract being prepared and executed.

7.6 Without in any way limiting the generality of the preceding, Tenders, commencing with the lowest tender, will be evaluated against criteria developed by the Town using information provided by the Tenderer in the tender document and additional criteria information as requested. The Town’s criteria include, but may not be limited to: Skill and experience demonstrated on similar projects of similar scope; The general reputation, qualifications and experience of the Tenderer; The general reputation, qualifications and experience of the Tenderer’s

sub-contractor; Qualifications and experience of key personnel of the Tenderer; Tender price; Project schedule/substantial performance date; Reference checks with former clients, consultants and subtrades; Five year history of claims, litigation and/or arbitration between Tenderer

and former clients and between itself and subcontractors;

By-law No. 2014-48 Page 10 Five year history of charges under the Occupational Health & Safety Act

(Ontario); Five year record with the Workplace Safety and Insurance Board

(“WSIB”); Anticipated additional costs not included in the Tender Price but inferable

from the evaluation criteria or from the Tender;

7.7 Where the Tenderer is associated with one or more persons or corporations which conduct the same or similar business as the Tenderer, the Town may, but is not obliged to, request from such Tenderer the evaluation information with respect to such associated persons or corporations. The failure or refusal of a Tenderer to comply with such a request may result in the rejection of its Tender.

8. ALTERNATE PURCHASING MECHANISMS 8.1 Emergency Purchases Notwithstanding the provisions of this policy, tender and quotation procedures

shall be disregarded for goods or services that may be required in the event of an emergency situation provided the Department Head first obtained the approval of the CAO. Any purchase of goods or services purchased in the event of an emergency shall be reported to the next General Committee and/or Council meeting.

8.2 Purchases By Negotiation

i) Department Head or CAO may, under the following conditions, negotiate with one or more suppliers of goods or services and in such cases the requirement for inviting tenders or quotations is waived.

a) When, in the judgement of the Department Head or C.A.O., goods

or services are determined to be in short supply due to market conditions.

b) Where there is only one source of supply.

c) When two or more identical bids have been received, the

Department Head or C.A.O. may negotiate with the lowest bidders, keeping all negotiations fair and ethical.

d) When the lowest bid meeting specifications exceeds the estimated

costs and it is not practical to recall the tender or quotation.

e) When no bids are received in a tender or quotation call.

f) When all bids received fail to meet the specifications or tender term and conditions and it is impractical to recall tenders or questions.

By-law No. 2014-48 Page 11

ii) Any negotiated purchase contract in excess of $25,000, excluding taxes and freight, shall be subject to the approval of Council.

8.3 Sole Source Purchases

i) General Rule for Sole Source Purchasing: a) That the procurement of materials, parts, supplies, equipment or

services without competition is done under exceptional and limited circumstances.

ii) Conditions Required for Sole Source Purchasing of which one or more

must be met:

a) When the expertise or product of an individual organization or individual is deemed to be specifically required by the Town.

b) When competition is precluded because of the existence of patent

rights, copyrights, secret processes, control of raw material or other such conditions.

c) When the procurement is for services related to electric power or

energy, gas, water or other utility services and/or system where it would not be practical to allow a contractor other than the utility company itself to work upon the system.

d) When the procurement is for technical supply and/or services in

connection with the assembly, installation or servicing of equipment or software of a highly technical, electronic, or specialized nature.

e) When the procurement is for replacement parts or components

where the original equipment manufacturer is the sole provider of the parts or components.

f) When a contractor is already at work on the site based on an

existing contract and it would not be practical to engage another contractor for additional work deemed to be necessary.

iii) Process to be Followed Prior to Initiating a Sole Source Purchase:

a) Sole source items require detailed documentation from the responsible department to justify the purchase and to ensure that the cost charged by the supplier is reasonable.

b) Where a Department Head deems that a sole source purchase is

necessary, a written report shall be submitted to the CAO and Treasurer for approval.

By-law No. 2014-48 Page 12 8.4 Project Specific Purchasing

i) Where deemed appropriate and in the best interest of the Town, a Project Specific Purchasing Policy may be adopted by Council. The intent would be to provide a purchasing mechanism to address project constraints, project funding agreement criteria, and to allow for the expeditious management of a specific project.

9. LOCAL PREFERENCE The Town will endeavour to achieve best value in its commercial transactions.

As a consequence, the Town will not practice local preference in awarding purchases in accordance with the Discriminatory Business Practices Act, R.S.O. 1990, Chapter D12.

10. BID DEPOSITS 10.1 Bid deposits may be required to accompany bid submissions for the following

circumstances: i) Construction projects in excess of $100,000. ii) Special contracts or scope of work as deemed appropriate by the Department

Head. 10.2 Where required, the minimum bid deposit amount shall be determined by the

Department Head and shall be set at an amount not less than 2% of the project budget amount. In any case, the minimum bid deposit shall not be less than $1,000.

10.3 A bid deposit may be provided in one of the following formats: i) Bid bond issued by a bonding agency licensed in Ontario and having an

office in Ontario naming the Town as the obligee; ii) Certified cheque made payable to the Town; iii) Irrevocable Letter of Credit from a Schedule 1 Bank naming the Town as

beneficiary; iv) Money orders made payable to the Town; or v) Canadian currency. The Tender/RFP document is to set out how the Bid deposit is to be made and

may include one or more of the above formats but is not required to include all formats.

10.4 The Town does not pay interest on any bid deposits.

By-law No. 2014-48 Page 13 10.5 All bid deposits must be original documentation, signed and sealed as

appropriate. Faxes, photocopies or electronic versions of bid deposits will not be accepted.

10.6 The Town is authorized to cash and deposit any bid deposit in its possession that

is forfeited as a result of non-compliance with any of the terms, conditions and/or specifications of a sealed bid.

11. PERFORMANCE SECURITY DEPOSITS 11.1 In addition to the bid deposit, the successful tenderer may be required to provide:

i) a Performance Bond to guarantee the faithful performance of the contract,

ii) a Labour and Material Payment Bond to guarantee the payment for labour and materials to be supplied in connection with the contract,

or such other performance security that may be determined to be suitable. 12. EXCLUSION OF BIDDERS 12.1 The Town may, in its absolute discretion, reject a bid if the bidder, or any officer

or director of the bidder, is or has been engaged either directly or indirectly through another corporation, in legal action against the Town, its elected or appointed officials, officers and employees in relation to any other contract or service or any matter arising from the Town’s exercise of its powers, duties, or functions.

12.2 In determining whether or not to reject a quotation, tender or proposal under this

clause, the Town will consider whether the litigation is likely to affect the bidder’s ability to work with the Town, its staff, consultants and representatives, and whether the Town’s experience with the bidder indicates that the Town is likely to incur increased staff and legal costs in the administration of the contract if it is awarded to the bidder.

12.3 The Department Head shall document evidence where the performance of a

supplier has been unsatisfactory in terms of failure to meet contract specifications, terms and conditions, or for Health and Safety violations.

12.4 The Town may prohibit an unsatisfactory supplier from bidding on future

contracts for two years. 13. EXCEPTIONS FROM REQUIREMENT OF PURCHASING PROCESS 13.1 Purchasing processes are not required for the following items:

i) Employer’s General Expenses a. property rentals b. insurance premium payments

By-law No. 2014-48 Page 14 c. grants and donations to agencies d. payments of damage claims e. charges to and from other government agencies f. real property, including land, building, leasehold interest, easements,

encroachments and licenses g. catering h. office supplies i. maintenance of postage meter, telephone system and equipment

service agreements j. County of Simcoe recycling and waste disposal collection k. annexation costs paid to other municipalities l. property leases with upper-tier levels of Government m. supplies from the Registrar General n. library books and materials

ii) Professional and Special Services a. legal settlements b. witness fees c. committee fees d. arbitrator fees e. appraisal fees f. real estate fees g. legal fees and other professional services related to litigation or legal

matters h. funeral and burial expenses i. insurance claims j. revenue collected on behalf of a third party k. providers of artistic and recreational services, such as instructors,

dance/yoga/gymnastic teachers, historical experts, artistic designers, health and appearance therapists

iii) Training and Development

a. Conferences b. Courses c. Conventions d. Magazines e. Memberships f. Periodicals g. Seminars h. Staff Development i. Staff Workshops j. Staff Training k. Staff Relations

iv) Utilities, including postage, water, sewer, gas, hydro, telephone (basic

services, cable television, and related billing services).

By-law No. 2014-48 Page 15 v) Advertising services required by the Town on or in but not limited to radio,

television, newspaper and magazines. vi) Bailiff or collection agencies. vii) Expenses related to an event which will be recovered in full by a third

party. viii) Amendments or Renewals of Existing Agreements.

ix) When a general contractor or consulting firm has been engaged for a

specific project that includes the procurement of sub-trades and suppliers, it shall be deemed permissible for the said contractor or firm to bring forward competitive quotations for Council’s approval.

14. GENERAL RULES 14.1 Council may, when determined to be in the best interest of the Town, waive any

section or clause of this by-law. 14.2 Contracts or purchases shall not be divided or phased to avoid any requirements

of this policy. 14.3 In all purchases, price shall not necessarily be the prime selection criteria.

Where possible, all factors influencing the purchasing decision are to be included in the specifications.

14.4 Goods or services shall not be purchased by an employee of the Town through

the use of a personal credit card without first obtaining the approval of the Department Head in advance of the purchase. Use of personal credit cards is only allowed when there is not an account with a supplier and where the supplier will not invoice the Town.

14.5 Goods or services shall not be purchased from an employee of the Town or from

any association of such employee, unless the extent of the interest of such employee has been fully disclosed and the supplier has been approved by the CAO and Treasurer of the Town. For the purpose of this section, association of employee could be considered to have either a direct or indirect impact on the partner, spouse, same sex partner or any child of the employee.

14.6 The Town may participate with other units of government, their agencies or

public authorities in co-operative purchase ventures when the best interest of the Town will be served. Where such participation is at variance with the Town’s Purchasing policy, Council shall first authorize any participation.

14.7 Prior to commencement of work and where appropriate, evidence of Insurance

Coverage deemed satisfactory to the Department Head must be obtained, ensuring indemnification of the Town and noting the Town as an additional named insured.

By-law No. 2014-48 Page 16 14.8 Prior to commencement of work, Certificates of Clearance from the Workplace

Safety Insurance Board shall be obtained ensuring all premiums or levies have been paid to the Board to date.

14.9 Performance evaluations may be undertaken on suppliers and providers of

service. 14.10 After the adoption of the budget, the Treasurer is authorized to pay the accounts

approved by the appropriate Department Head as contained in the budget, upon receipt of evidence of value received and which have been approved by signature of the Department Head.

14.11 Notwithstanding the provisions of this procedure, the Town shall have the right to

reject the lowest or any bid at its absolute discretion. The Town also reserves the right to reissue the bid document in its original format or modified as best suits the requirements of the Town.

14.12 In the case of multi-year supply and/or service contracts, for the purpose of

determining whether or not the proposed procurement meets the pre-authorized expenditure limits herein, the value of the procurement shall be deemed to be the total anticipated annual expenditures over the potential life of the contract, including any extensions or renewals.

14.13 Material Safety Data Sheets must be maintained by the user department for all

relevant products whether acquired through tendering, quoting or the proposal process.

14.14 Any IT related purchasing (such as a cell phone) needs to be approved by the

Department Head, IT and the CAO. 14.15 Moneys and Accounts

i) Moneys Paid Out All moneys ordered to be paid by the Council shall be so paid by cheque

of the Town signed by the Treasurer and the Mayor, or in special circumstances any two of the Treasurer, Mayor and/or CAO or in their absence, by a Member appointed for the purpose by Council. Bank drafts, money orders and electronic fund transfers may also be used. All payments will be made payable directly to the supplier, except where Section 14.4 may apply.

ii) Approval of Accounts

Each invoice received shall be inspected and approved by signature of the Department Head concerned, or authorized designate. Each month, all such approved invoices shall be listed on the Council Cheque Register. The Council Cheque Register shall be distributed to Council for review. Each month, Council shall pass a resolution approving the accounts, as

By-law No. 2014-48 Page 17 confirmed and paid. This or any other rule shall not affect or interfere with the payment of salaries or of sums authorized by By-law of the Council or payable under any Act of Parliament.

iii) Payment of Accounts

a) No payment shall be made by the Treasurer on account of the Town for goods and/or services unless the invoice has been approved for payment by the Department Head and an appropriation for same is included in the current budget.

b) Between the last regular meeting of Council in any year and the

adoption of a budget for the next year, the Treasurer is authorized to pay the accounts of any ordinary business transactions of the Town that are required to maintain services. This shall include the payment of operating accounts and/or previously approved capital items and projects.

iv) Money Votes

Any resolution involving the disbursement of money not recommended by report of a Department Head or of some Committee of the Council, or included in the current budget, shall require for its adoption the favourable vote of the majority of the Members present.

14.16 Green Procurement

(i) The Town will endeavour to acquire goods and services that minimize impacts on the environment and perform efficiently and effectively. While evaluating goods and services for purchase (including all aspects related to the production, transportation, use or operation and replacement or disposal of goods) the following environmental factors will be considered in addition to the specific requirements of the good or service. a) Durable and reusable as opposed to single use or disposable

items; b) Non-toxic or least toxic option, preferably compostable or

biodegradable; c) Reduce greenhouse gas and air pollutant emissions; d) ENERGY STAR® rated if available or most energy-efficient option; e) Recyclable, but if not recyclable, may be disposed of safely, or,

vendor will take back good at its end of life; f) Made from recycled materials; g) If made from raw materials, they have been obtained and

manufactured in an environmentally sound, sustainable manner; h) Results in minimal or no environmental damage during normal use

or maintenance; i) Minimum packaging (consistent with the care of the good),

preferably made of reusable, recycled or recyclable materials;

By-law No. 2014-48 Page 18 j) The lifecycle cost of the good through the acquisition, operation,

and end of good life, including environmental impacts (a cradle to grave approach); and

k) Reusable shipping packaging. 15. GENERAL APPLICATION 15.1 Where there is a conflict between the provisions of this by-law and those of any

other by-law, the provisions of this by-law shall prevail. 16. RESOLUTION OF QUESTIONS OF POLICY 16.1 Any question involving the meaning or application of this policy is to be submitted

to the Treasurer and CAO who will resolve the question. 17. POLICY REVIEW

17.1 This policy shall be reviewed every five years.

17.2 The review shall determine how effective this policy has been in achieving the

purpose, goals and objectives set out in Section 2.0 of the By-law as well as the requirements of the Municipal Act, 2001, S.O. c.25.

18. DISPOSAL OF SURPLUS GOODS 18.1 When a Department Head has identified surplus goods, the CAO shall be notified

in writing, describing the goods, condition and location. A list of the items will be made available to all Town departments in the event that some items may be used by other departments. If a department is interested in any of the surplus items, there will be a journal entry made to each department for an agreed value. Any surplus goods not transferred within Town departments will be accumulated by the Town and will be disposed of by any of the following methods:

i) Sealed bid by advertised public bid;

ii) Advertised as being for sale to the public either through the Town website or local paper;

iii) Sold by auction and/or consignment; iv) Donation to a registered charity. 18.2 Equipment that can not be sold and has been determined by the Department

Head to be of no value shall be disposed of as deemed appropriate by the Department Head.

By-law No. 2014-48 Page 19 18.3 Blanket Orders i) The Department Head may establish Blanket Orders using the applicable

bid mechanism based upon the estimated annual expenditure. ii) In the case of equipment repairs and equipment rentals, the Department

Head shall be authorized to select suppliers not solely on the basis of cost, but also on ability, quality or workmanship, service, availability, overall performance and experience, without obtaining quotations.

iii) Blanket Orders shall be issued with all ordering departments responsible.


BY-LAW 2014-49

A By-law to adopt the proceedings of the Council Meeting held on June 23, 2014 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 June 23, 2014; 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 June 23, 2014, 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.


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 JUNE, 2014. THE CORPORATION OF THE TOWN OF MIDLAND MAYOR CLERK