TOWN OF PENETANGUISHENE COUNCIL MEETING COUNCIL CHAMBERS, TOWNHALL, 10 ROBERT STREET WEST Wednesday, October 25, 2017 AT 7:00 PM AGENDA

Transcription

1 TOWN OF PENETANGUISHENE COUNCIL MEETING COUNCIL CHAMBERS, TOWNHALL, 10 ROBERT STREET WEST Wednesday, October 25, 2017 AT 7:00 PM Page AGENDA 1. CALL TO ORDER 2. WELCOME & COUNCIL COMMITMENT 3. APPROVAL OF AGENDA (a) Regular Council Agenda - Dated October 25, 2017 THAT the agenda of the Regular Council meeting of October 25, 2017, be approved as presented. 4. DECLARATION OF PECUNIARY INTEREST 5. PUBLIC MEETINGS (a) Public Meeting for Z.A. 2/ Leonard Avenue 4-10 (b) Public Meeting for Z.A. 3/ Fox Street 6. PRESENTATIONS/DEPUTATIONS (a) Deputation from Economic Development Corporation of North Simcoe, Farm Fresh Food Fest and North Simcoe Tourism 7. ADOPTION OF MINUTES NOT ALREADY CONFIRMED (a) Minutes: Special Council - October 11, 2017 Council - October 11, 2017 Committee of the Whole - October 11, 2017 Special Committee of the Whole - October 18, 2017 Page 1 of 109

2 Page Town of Penetanguishene - Council Agenda 8. REPORTS THAT the following minutes of Council meetings be confirmed and adopted as circulated: Special Council - October 11, 2017 Council - October 11, 2017 Committee of the Whole - October 11, 2017 (see item 9) Special Committee of the Whole - October 18, (a) Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Staff Report PD THAT this report be received for discussion; AND THAT staff be directed to prepare a report for the next Committee of the Whole to address any comments received at the Public Meeting (b) Zoning By-law Amendment Z.A. 3/ Fox Street - Staff Report PD THAT this report be received for discussion; AND THAT staff be directed to prepare a report for the next Committee of the Whole to address any comments received at the Public Meeting. 9. PRESENTATION & CONSIDERATION OF REPORT - COMMITTEE OF THE WHOLE (a) Committee of the Whole Report - Dated October 11, 2017 THAT the recommendations contained within Committee of the Whole Report related to the Recreation and Community Services Section be approved. THAT the recommendations contained within Committee of the Whole Report related to the Planning and Development Services Section be approved. THAT the recommendations contained within Committee of the Whole Report related to the Transportation and Environmental Services Section be approved. THAT the recommendations contained within Committee of the Whole Report related to the Finance and Corporate Services Section be approved (b) Special Committee of the Whole Report - Budget Draft 1 - Dated October 18, 2017 THAT the recommendations contained within Committee of the Whole Report Budget Draft 1 be approved. Page 2 of 109

3 Page Town of Penetanguishene - Council Agenda 10. MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN 11. NOTICES OF MOTION 12. CONSIDERATION OF BY-LAWS (a) By-laws: Being a By-law to Amend Zoning By-law as amended of the Corporation of the Town of Penetanguishene (24 Corbeau Crescent) Being a By-law to authorize the entering into of an Agreement with Tiny Township for the use the Town of Penetanguishene communication antenna on the Centennial Drive Elevated Tank. THAT the Council of the Town of Penetanguishene introduce the following by-laws; AND THAT by-laws be read a first time and deemed to be read a second and third time and carried. 13. QUESTION PERIOD FROM MEDIA AND PUBLIC 14. ANNOUNCEMENTS AND INQUIRIES 15. CONFIRMATION BY-LAW 109 (a) By-law THAT confirmation by-law , be signed and sealed by the Mayor and Clerk. 16. ADJOURNMENT Page 3 of 109

4 Public Meeting for Z.A. 3/ Fox Street Page 4 of 109 a a8 En 8.. a mo9... mm m_8=e 6 BEE. v. mo.. BE. En una. :3 2. Eounau. _.oun5.. w=:&=m oj. a<.% 28 moq 8... ii mn. E =EE.n w==&=m unnv. céanam %<o_==m 3.33

5 Public Meeting for Z.A. 3/ Fox Street Page 5 of 109

6 Public Meeting for Z.A. 3/ Fox Street Page 6 of 109

7 Public Meeting for Z.A. 3/ Fox Street Page 7 of 109

8 Public Meeting for Z.A. 3/ Fox Street Page 8 of 109

9 Public Meeting for Z.A. 3/ Fox Street Page 9 of 109

10 nam ro m. N mrmrm w mrm Public Meeting for Z.A. 3/ Fox Street Page 10 of 109

11 Deputation from Economic Development Corporation of North Si... Page 11 of 109 THE POWER OF FOUR A Vision for Prosperity TOWN OF PENETANGUISHENE Sharon Vegh, EDCNS Director Economic Development Corporation of North Simcoe October 25, 2017

12 Deputation from Economic Development Corporation of North Si... Page 12 of 109 Agenda Marketing & Media 2017 Progress & Growth Scorecard Funding The Magic of North Simcoe

13 Deputation from Economic Development Corporation of North Si... Page 13 of 109 PART I of 3: EDCNS Introduction National Award Winning Video 2017 Marketing North Simcoe CTV News & Video Productions FFFF video (Aug 2017) STREIT Manufacturing (Sept 28, 2017) 10/20/2017 The Power of Four 3

14 Deputation from Economic Development Corporation of North Si... Page 14 of 109 EDCNS Website Hits Q1-Q vs Progress & Growth Jan. to Sept Jan. to Sept ,442 / 75% new 3,255 / 81% new Top Pages Viewed Careers and Site Selection News Job Growth all Industries 2014 to jobs Canada Ontario North Simcoe 3.0 % 5.0 % 2.0 % Top 5 Highest Ranked Industries (by jobs) 2016 * 949 Residential building construction & other specialty trade contractors 805 Commercial and service industry machinery manufacturing 606 Manufacturing: Metalworking machinery & other metal products 496 Plastic product manufacturing 400 Motor vehicle parts manufacturing 10/20/2017 * Excluding public service, restaurants and grocery The Power of Four 4

15 Deputation from Economic Development Corporation of North Si... Page 15 of 109 Changes In Jobs Adding 100 Manufacturing Jobs Changes In Wages 133 $6,344,521 Indirect: 2 (2%) Induced: 16 (12%) Direct: 15 (11%) Initial: 100 (75%) Data Source: EMSI Economic Modelling 10/20/2017 The Power of Four 5 5

16 Deputation from Economic Development Corporation of North Si... Page 16 of 109 Phase II Media Campaign Talent Initiative 10/20/2017 The Power of Four 6

17 Deputation from Economic Development Corporation of North Si... Page 17 of 109 Media Digital and Print Talent Search Engines Colleges Skilled Trades Talent Tactics Phase II 10/20/2017 The Power of Four Georgian Midland and Barrie Centennial Toronto Conestoga Doon, Waterloo, Ingersoll, Cambridge Cambrian Sudbury Fanshawe Simcoe and St. Thomas Mohawk Seneca Sault Hamilton Jane Campus, Toronto Sault Ste. Marie 7

18 Deputation from Economic Development Corporation of North Si... Page 18 of 109 Scorecard Align with County and Municipalities Refine North Simcoe value proposition EDCNS Scorecard Awareness creation of North Simcoe / Marketing 2017 Execute Investment Attraction Plan (20%) 1 1 Lead generation Contact businesses for investment Leverage relationships with brokers Land inventory (County & Planning) 2017 Agriculture FFFF event Business Retention & Expansion (40%) Manufacturers' Roundtable Trades Talent Media Campaign Initiative Phase I Trades Talent Media Campaign Initiative Phase II Business Innovation & Growth Workshop 2018 Q4 Q1 Q2 Q3 Q4 Blue Green Yellow Red complete on track, on time, ontoing on track, behind schedule setback requiring adjustment 10/20/2017 The Power of Four 8

19 Deputation from Economic Development Corporation of North Si... Page 19 of 109 Funding 2017 Manufacturing Sector Recruiting initiative x 2 Manufacturers, County, EDCNS Canada/Ontario Jobs Grant (COJG) Ministry of Advanced Education and Skills Development & Georgian College Agriculture Sector Canada Summer Student Job Program (2) Ontario150 Community Celebration Program North Simcoe Tourism $120,000 operational funding to leverage funds EDCNS Invest Canada Community Initiatives (ICCI) Canada Summer Student Job Program (1) Municipalities and the County of Simcoe Economic Development Transitional Fund to /20/2017 The Power of Four 9

20 Deputation from Economic Development Corporation of North Si... Page 20 of 109 Summary Marketing & Media 2017 Progress & Growth Scorecard Funding

21 Deputation from Economic Development Corporation of North Si... Page 21 of 109 THANK YOU TOWN OF PENETANGUISHENE Sharon Vegh, EDCNS Director Economic Development Corporation of North Simcoe October 25, 2017

22 Deputation from Economic Development Corporation of North Si... Page 22 of 109 Farm Fresh Food Fest, August /20/2017 The Power of Four 12

23 Deputation from Economic Development Corporation of North Si... Page 23 of 109

24 Deputation from Economic Development Corporation of North Si... Page 24 of 109 MARKETING Summer 2017 Attract New Visitors, Encourage Visitors to Stay Longer and to Return Again

25 Deputation from Economic Development Corporation of North Si... Page 25 of 109 PILLARS OF TOURISM Marketing Product Development Workforce Development Investment Attraction

26 Deputation from Economic Development Corporation of North Si... Page 26 of Discovery Guide 40,000 copy distribution very successful with stock nearly gone Tear Map 50,000 copies 32,000 copies distributed MARKETING 18,000 remaining to distribute for 2018 (it was intended to carry us past 2017) $68k in funding was leveraged to over $190k investment in the first half of 2017

27 Deputation from Economic Development Corporation of North Si... Page 27 of 109 CTV Commercials MARKETING Four commercials played a total of 272 times Photo shoots for stock promo photos for use by NST and local operators Support of Farm Fresh Food Fest Promotions for cycling, paddling, fishing, HMS Bee, FAM tours

28 Deputation from Economic Development Corporation of North Si... Page 28 of 109 Website GBay.ca (September 2017/2016) 219% more sessions, 146% more users Twitter account Total July impressions: 24,200 MARKETING Top July tweet: What the Duck? with 2,533 impressions Total August impressions: 19,900 Top August tweet: A shot of the Pearl Mist cruise ship with 2,019 impressions

29 Deputation from Economic Development Corporation of North Si... Page 29 of 109 MARKETING Let s deal with the elephant in the room. Ok, so it s not a very big elephant!

30 Deputation from Economic Development Corporation of North Si... Page 30 of 109 MARKETING From now on Tourism Simcoe County will lead all marketing & product development projects that have historically been funded by them, rather than providing funds and grants to the municipalities for them to invest and manage. Tourism Simcoe County assure us that they will make as much (or more) investment in North Simcoe as in the past.

31 Deputation from Economic Development Corporation of North Si... Page 31 of 109 Tourism Simcoe County has identified the following that they will not take on for North Simcoe: Heart of Georgian Bay brand. Discovery Guide publications MARKETING Digital media (website and social media channels) Newsletter for Heart of Georgian bay Responding to phone/ s/visitor inquiries. NST plans to continue with these roles and other opportunities for Heart of Georgian Bay

32 Deputation from Economic Development Corporation of North Si... Page 32 of 109 MARKETING 2018 Discovery Guide Based on 2017 template with first distribution planned for Toronto Boat Show Plan 40,000 copies with broader distribution than 2017 Now selling advertising space Please promote in your newsletters!!

33 Deputation from Economic Development Corporation of North Si... Page 33 of 109 PRODUCT DEVELOPMENT Building New or Enhanced Experiences

34 Deputation from Economic Development Corporation of North Si... Page 34 of 109 PRODUCT DEVELOPMENT This role is now led by Tourism Simcoe County (Brittany Black, Experience Development Coordinator). Continuing from 2017 Georgian Bay Coastal Route Partnership Midland Cruise Ship Welcome/Experience Development Experience Development 101/102 Workshop for stakeholders/operators Fishing Partnership and more!!

35 Deputation from Economic Development Corporation of North Si... Page 35 of 109 MARKETING & PRODUCT DEVELOPMENT The NST Board of Directors is actively evaluating other opportunities in stakeholder engagement, visitor engagement, marketing, & promotion for Heart of Georgian Bay. stakeholder survey in October / November 2017 We plan to keep the NST engine running in low gear while we establish a new strategic approach in partnership with the County stay tuned for more!

36 Deputation from Economic Development Corporation of North Si... Page 36 of 109 WORKFORCE DEVELOPMENT Providing learning opportunities for tourism operators

37 Deputation from Economic Development Corporation of North Si... Page 37 of 109 WORKFORCE DEVELOPMENT Some stakeholder engagement (e.g. operator education) will transition to Tourism Simcoe County NST is evaluating the remaining gaps in stakeholder engagement for our future role

38 Deputation from Economic Development Corporation of North Si... Page 38 of 109 INVESTMENT ATTRACTION Attracting New Tourism Operators to North Simcoe

39 Deputation from Economic Development Corporation of North Si... Page 39 of 109 INVESTMENT ATTRACTION This will continue to be pursued by NST and EDCNS Awareness of opportunities in the Heart of Georgian Bay will increase through general marketing by both North Simcoe Tourism, Tourism Simcoe County and EDCNS.

40 Deputation from Economic Development Corporation of North Si... Page 40 of 109 Thank You! Chair: Brig #GBayLife

41 The Corporation of The Town of Penetanguishene COUNCIL MEETING COUNCIL CHAMBERS. TOWNHALL WEDNESDAY OCTOBER 11, 2017 at 7:00 PM MINUTES PRESENT: Mayor G. Marshall, Deputy Mayor A. Dubeau, Councillors D. LaRose, D. Levy, D. Rawson, M. Lauder, D. Leroux, B. Saunders, M. Mayotte ALSO PRESENT: J. Lees, CAO, S. Cooper, Clerk, B. Murray, Director of Public Works, C. Robillard, Treasurer, S. Desjardins, Director of Recreation & Community Services, A. Betty, Director of Planning and Community Development, Rogers Cable. 1 CALL TO ORDER The Mayor called the meeting to order at 7:00 p.m. 2 WELCOME & COUNCIL COMMITMENT 3 APPROVAL OF AGENDA (a) Regular Council Agenda - Dated October 11, 2017 Moved by Councillor B. Saunders and Seconded by Deputy Mayor A. Dubeau THAT the agenda of the Regular Council meeting of October 11, 2017, be approved as presented. CARRIED 4 DECLARATION OF PECUNIARY INTEREST None. Minutes: Special Council - October 11, 2017 Council - Octobe... Page 41 of 109

42 Town of Penetanguishene - Regular Council Minutes 5 DELEGATIONS (a) (b) Presentation from Culture Midland Ron Neuman presented to Council regarding the Culture Midland proposal. Presentation from Andrew Parker of "We Own It" Andrew Parker presented to Council regarding the "We Own It" campaign. 6 ADOPTION OF MINUTES NOT ALREADY CONFIRMED (a) Minutes: Special Council - September 27, 2017 Council - September 27, 2017 Committee of the Whole - September 27, 2017 Moved by Councillor B. Saunders and Seconded by Deputy Mayor A. Dubeau THAT the following minutes of Council meetings be confirmed and adopted as circulated: Special Council - September 27, 2017 Council - September 27, 2017 Committee of the Whole - September 27, 2017 (see item 7) CARRIED 7 PRESENTATION & CONSIDERATION OF REPORT - COMMITTEE OF THE WHOLE (a) Committee of the Whole Report - Dated September 27, 2017 Moved by Councillor D. Leroux and Seconded by Councillor M. Mayotte THAT the recommendations contained within Committee of the Whole Report related to the Recreation and Community Services Section be approved. Councillor D. Rawson requested that item 6 b. ii) Pickleball be pulled for discussion. Councillor D. Rawson moved that the Pickleball Court not be completed and considered in It was seconded by Councillor D. LaRose on the vote it was DEFEATED. Minutes: Special Council - October 11, 2017 Council - Octobe... Page 42 of 109

43 Town of Penetanguishene - Regular Council Minutes The motions from the Recreation and Community Services Section were approved as presented. CARRIED Councillor D. Levy requested that item 7 b. ii Corbeau Crescent be pulled for discussion. Councillor D. Levy moved Option 1 from the report: THAT a site specific zone exception for the property at 24 Corbeau Drive to permit a second Dwelling Unit in a Semi-detached dwelling, subject to reduced Lot Frontage and Lot Area, be approved. The motion was Seconded by Councillor D. Rawson. Councillor D. Rawson asked for clarification regarding the professional insurance/indemnity for errors related to staff decisions. The CAO provided clarification regarding the potential for indemnity and or insurance related to contractors. On the vote the motion was CARRIED. The remaining Planning and Development motions were approved as presented. Moved by Councillor M. Lauder and Seconded by Councillor D. Levy THAT the recommendations contained within Committee of the Whole Report related to the Planning and Development Services Section be approved. CARRIED Councillor D. Rawson requested item 5 b ii) Tiny Township request to use town owned tower be pulled for discussion. Councillor D. Rawson provided an update to Council regarding a further request from Tiny Township to waive the license fee related to this use. Moved by Councillor D. Rawson and Seconded by Councillor D. LaRose THAT the recommendations contained within Committee of the Whole Report related to the Transportation and Environmental Services Section be approved. Minutes: Special Council - October 11, 2017 Council - Octobe... Page 43 of 109

44 Town of Penetanguishene - Regular Council Minutes CARRIED Moved by Councillor B. Saunders and Seconded by Deputy Mayor A. Dubeau THAT the recommendations contained within Committee of the Whole Report related to the Finance and Corporate Services Section be approved. CARRIED 8 MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN None. 9 NOTICES OF MOTION None. 10 CONSIDERATION OF BY-LAWS (a) By-laws: Being a By-law to Establish and Approve the Fees and Charges of the Town of Penetanguishene and Repeal By-law Being a By-law to Grant a Partial Release of an Easement for Storm Water Purposes (Part 1 on 51R Beck Boulevard) Moved by Councillor B. Saunders and Seconded by Deputy Mayor A. Dubeau THAT the Council of the Town of Penetanguishene introduce the following by-laws; AND THAT by-laws be read a first time and deemed to be read a second and third time and carried. CARRIED 11 QUESTION PERIOD FROM MEDIA AND PUBLIC None. Minutes: Special Council - October 11, 2017 Council - Octobe... Page 44 of 109

45 Town of Penetanguishene - Regular Council Minutes 12 ANNOUNCEMENTS AND INQUIRIES Deputy Mayor A. Dubeau and Councillor D. Leroux provided information regarding the 50th Anniversary of the Penetanguishene Centennial Museum on Saturday October 21, CONFIRMATION BY-LAW (a) By-law Moved by Deputy Mayor A. Dubeau and Seconded by Councillor B. Saunders THAT confirmation by-law , be signed and sealed by the Mayor and Clerk. CARRIED 14 ADJOURNMENT The meeting was adjourned at 7:40 p.m. CLERK MAYOR Minutes: Special Council - October 11, 2017 Council - Octobe... Page 45 of 109

46 PENETANGUISHENE SPECIAL COUNCIL COUNCIL CHAMBERS, TOWNHALL, WEDNESDAY OCTOBER 11, 2017, AT 6:30 PM MINUTES PRESENT: Mayor G. Marshall, Deputy Mayor A. Dubeau, Councillors D. LaRose, D. Levy, D. Rawson, B. Saunders, M. Lauder, D. Leroux, M. Mayotte Also Present: Also Present: CAO J. Lees, Clerk, S. Cooper, Director of Human Resources C. Devlin 1. CALL TO ORDER The Mayor called the meeting to order at 6:30 pm. 2. DECLARATION OF PECUNIARY INTEREST None. 3. IN-CAMERA ITEMS i) Convene in Closed Session Moved by Councillor D. Rawson and Seconded by Councillor D. Leroux THAT in accordance with the Town of Penetanguishene Procedural By-law , the Council of the Town of Penetanguishene move into an in-camera session to discuss - labour relations or employee negotiations. CARRIED ii) Special Council Notes - September 27, 2017 iii) iv) Collective Bargaining Strategy Arise from Closed Session Moved by Councillor D. Leroux and Seconded by Councillor D. Rawson Minutes: Special Council - October 11, 2017 Council - Octobe... Page 46 of 109

47 Town of Penetanguishene - Special Council Minutes THAT the Council of the Town of Penetanguishene rise from incamera session with a report. CARRIED 4. REPORTS FROM IN-CAMERA MEETING HELD i) Collective Bargaining Strategy Moved by Councillor D. Rawson and Seconded by Councillor D. Leroux BE IT RESOLVED THAT this report be received by Council for information purposes; AND THAT Council endorses the collective bargaining strategies included within the report. CARRIED 5. QUESTION PERIOD FROM MEDIA AND PUBLIC None. 6. ANNOUNCEMENTS AND INQUIRIES None. 7. ADJOURNMENT The meeting was adjourned at 6:44 p.m. CLERK MAYOR Minutes: Special Council - October 11, 2017 Council - Octobe... Page 47 of 109

48 The Corporation of The Town of Penetanguishene Committee of the Whole Report COMMITTEE: COMMITTEE CHAIR: SUBJECT: Planning and Development Councillor Debbie Levy Zoning By-law Amendment Z.A. 2/ Leonard Avenue Staff Report PD REPORT HIGHLIGHTS The Town received an application for a Zoning By-law Amendment for the property at 4 Leonard Avenue from Andrew Brennan, agent on behalf of the Owners of the property, Alytiff Investments on May 11, 2017; The application requests an amendment to the Zoning By-law to rezone the property from the Residential Second Density (R2) zone to Residential Third Density Exception (R3-xx) zone; The effect of the application would be to permit the renovation of the existing building into three dwelling units; Notice of Public Meeting was given on October 5, 2017 by direct mailing to residents within 120 metres of the site and posted on the Town s website, in accordance with the Planning Act and Town policies; The purpose of this report is to serve as background information to the Public Meeting regarding the proposed amendment and to recommend that staff report to Committee of the Whole on the comments received. RECOMMENDATION THAT this report be received for discussion; AND THAT staff be directed to prepare a report for the next Committee of the Whole to address any comments received at the Public Meeting. BACKGROUND The Town received an application for a Zoning By-law Amendment on May 11, 2017 submitted by Andrew Brennan, Agent on behalf of the Owner, Alytiff Investments for the property municipally known as 4 Leonard Avenue (see Location Map - Attachment #1). Proposal The purpose of the application is to rezone the property from the Residential Second Density (R2) zone to Residential Third Density Exception (R3-xx) zone. The Exception is required as the subject property is deficient in both Lot Frontage and Lot Area for a Triplex as required under section The effect of the application would be to permit the renovation of the existing building into three dwelling units. Accompanying the application were conceptual drawings to illustrate the layout of the property including the required parking spaces and outdoor amenity space (see Site Plan Attachment #2). Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 48 of 109

49 The Corporation of The Town of Penetanguishene Committee of the Whole Report Notice of the Public Meeting was given on October 5, 2017 by direct mailing to property owners within 120 metres of the subject site, posted on the Town s website and a Notice Sign was installed on the property in accordance with the Town s policies. To date the following correspondence has been received: 1) Enbridge Gas dated October 6, 2017 no objections (Attachment #3) 2) Alectra Utilities dated October 6, 2017 no objections (Attachment #4) ANALYSIS Technical Review Committee The application was circulated to the members of Technical Review Committee on July 20, At the meeting, staff noted that a previous rezoning application in 2002 was recommended by the Planning Advisory Committee of the day to be refused (see Attachment #5 Staff Report to PAC 2002). Staff discussed the small lot area for the proposed use and the expansive parking area in front of the existing dwelling. Staff at the time recommended that one parking space be eliminated to provide for a landscaped area in front of the home should the application be approved. Site and Surrounding Area The property is legally described as the East Part of Lot 13, Registered Plan 36 and more particularly described as Part 2 on Reference Plan 51R The property is rectangular in shape having a Frontage of 15.4 metres on Leonard Avenue and a Lot Area of 348 square metres. Currently there is a two storey dwelling on the property and shed. The dwelling is being used as a Duplex. The surrounding land uses include: North: Residential South: Residential East: Residential West: Residential Provincial Policy Statement and Provincial Plan Section 3 of the Planning Act states that all planning applications must be consistent with the Provincial Policy Statement (PPS). The PPS contains a number of policies which encourage development to occur in settlement areas in order to minimize land consumption. Section requires that land use patterns be based on densities and a mix of land uses which efficiently use land and resources. Section 14(1) of the Places to Grow Act, 2005 requires that all decisions under the Planning Act shall conform to the Growth Plan for the Greater Golden Horseshoe (GGH) area. Generally, the Growth Plan directs growth to built-up areas and promotes the creation of a more compact, mixed-use and complete communities. Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 49 of 109

50 The Corporation of The Town of Penetanguishene Committee of the Whole Report County of Simcoe Official Plan The Town of Penetanguishene is designated a Settlement Area in the County s Official Plan (SCOP). The SCOP generally directs development to settlement areas where more compact development on full services is encouraged. Official Plan The property is designated Neighbourhood Residential in the Town of Penetanguishene s Official Plan (OP). The land use policies of the designation are to further the development of healthy, safe, efficient and attractive patterns of land use. The permitted uses of the designation include a full range and density of housing options along with limited home occupations and professional uses, associated institutional uses and accessory retail uses. Zoning By-law , as amended The property is currently zoned Residential Second Density (R2) Zone. The following are the R2 zone regulations: R2 - USES PERMITTED a) Residential Uses - A Duplex Dwelling - A Semi-Detached Dwelling - A Single Detached Dwelling or a Single Detached Dwelling with an Accessory Dwelling Unit not exceeding 52.0 sq. metres in accordance with the provisions of Subsection b) A home occupation, or a private home daycare, or a bed & breakfast establishment within a single detached dwelling, subject to the provisions of Subsection c) Institutional Uses - a school, church, home for the aged, park, or a day nursery provided the day nursery operation is conducted within a school or a church. d) Public Uses e) A group home as defined in Subsection which is operated in a single detached or semi-detached dwelling, in accordance with the requirements of Subsection 3.34 and the applicable standards of Subsections or R2 - ZONE REGULATIONS - DUPLEX DWELLINGS Minimum Lot Frontage 18 metres Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 50 of 109

51 The Corporation of The Town of Penetanguishene Committee of the Whole Report Minimum Lot Area 334 sq. m/unit Maximum Lot Coverage 35% Minimum Yard Requirements a) Minimum Front Yard 7.5 metres b) Minimum Side Yard 1 metre on each side where there is an attached private garage; or 1 metre on one side and 3 metres on the other where there is no attached private garage. c) Minimum Exterior 4.5 metres Side Yard d) Minimum Rear Yard 10.6 metres Minimum Gross Floor Area 83 sq. m/unit Maximum Height 11 metres Maximum Accessory Building Height 4 metres As noted above, the application seeks permission to establish a Triplex use on the property with site specific exceptions for Lot Frontage and Lot Area. The following table demonstrates the regulations of the Residential Third Density (R3) zone with respect to a Triplex and the subject property performance standards: Required Proposed Minimum Lot Frontage 18 metres 15.4 metres Minimum Lot Area 230 sq. m/unit (690 sq. m) 348 sq. m Minimum Lot Coverage 35% 23% Front Yard setback 6 metres 4.8 m (existing legal noncomplying) Side Yard setback 1 metre and/or 3 metres 3.7 metres and 4.1 metres Exterior Side Yard setback 4.5 metres n/a Rear Yard setback 11 metres 5.6 metres (existing legal non-complying) Height 11 metres 7.6 metres Required Parking spaces 1 space per unit (2 spaces) 2 spaces per new dwelling unit (total of 4 spaces) Gross Floor Area per Bachelor - 32 square Dwelling Unit metres 1 Bedroom - 51 square metres 2 Bedrooms - 65 square Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 51 of 109

52 The Corporation of The Town of Penetanguishene Committee of the Whole Report metres Additional Bedrooms 10 square metres for each BUDGETARY IMPLICATIONS There are no budget implications as a result of this report. RISK MANAGEMENT Not applicable. COMMUNICATION & MARKETING Notice of a Complete Application and Public Meeting was provided to the required agencies and adjacent land owners. A Notice Sign was posted on the property in compliance with the Town s Notice Sign Policy. All those submitting comments to the Town with respect to the application will be advised of any future decisions by Council with respect to this application. RELEVANT BACKGROUND REPORT(S) Staff Report PD SUSTAINABILITY A range of housing alternatives is part of the Community Pillar of the Sustainability Plan. STRATEGIC GOALS & OBJECTIVES It is a strategic goal of the Town to meets its legislative and regulatory requirements. The Zoning By-law is a land use mechanism under the Planning Act and must conform to the Town s Official Plan as well as Provincial and County land use legislation. Prepared by: A. Betty, MCIP RPP, Director of Planning and Community Development Reviewed by: Carrie Robillard, CPA, CGA, Director of Finance/Treasurer Jeff Lees, CPA, CGA, Chief Administrative Officer Council Meeting Date: October 25, 2017 ATTACHMENTS #1 Location Map #2 Site Plan #3 Comments from Enbridge #4 Comments from Alectra Utilities #5 PAC Report 2002 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 52 of 109

53 The Corporation of The Town of Penetanguishene Committee of the Whole Report Electronic File Location: S:\Planning Department\D14 - Zoning\ZBA\2017\ZA Leonard Avenue\Staff Reports and Memos\Staff Report PD RE Zoning Bylaw Amendment ZA Public Meeting.docx Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 53 of 109

54 The Corporation of The Town of Penetanguishene Committee of the Whole Report Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 54 of 109

55 Location Map [ FOX STREET LEONARD AVENUE YEO STREET MCGUIRE ROAD Legend Zoning By-law Amendment Z.A. 2/ Leonard Avenue Metres 1:1,000 This map, either in whole or in part, may not be reproduced without the written authority from the Town of Penetanguishene, Copyright Town of Penetanguishene Land Information Network Cooperative - LINC 2012 Produced (in part) under license from: the Ontario Ministry of Natural Resources (Copyright - Queens Printer 2012). Teranet Enterprises Inc. and its suppliers all rights reserved, and Members of the Ontario Geospatial Data Exchange.THIS IS NOT A PLAN OF SURVEY. Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 55 of 109

56 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 56 of 109 OD Dupuis & Ouellet Architectural Design Services SHEET TITLE PROJECT NAME SCALE 1:50 DATE AUG 25/17 PROJECT TEL (705) FAX SITE PLAN DRAWN BY S.O. CHECKED S.O. DRAWING Inc. REZONING APPLICATION FOR ANDREW BRENNAN S1.1

57 Enbridge Gas Distribution 500 Consumers Road North York, Ontario M2J 1P8 Canada October 6, 2017 Kris Adamson Planner Planning and Community Development Town of Penetanguishene 10 Robert Street West P.O.Box 5009 Penetanguishene, ON L9M 2G2 Dear Kris Adamson, Re: Zoning By-law Amendment 4 Leonard Avenue Town of Penetanguishene File No.: Z-A Enbridge Gas Distribution does not object to the proposed application(s). Enbridge Gas Distribution reserves the right to amend or remove development conditions. Sincerely, Alice Coleman Municipal Planning Coordinator Long Range Distribution Planning ENBRIDGE GAS DISTRIBUTION TEL: MunicipalPlanning@enbridge.com 500 Consumers Rd, North York, ON, M2J 1P8 enbridgegas.com Integrity. Safety. Respect. AC/jh Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 57 of 109

58 Date: October 5 th, 2017 Attention: RE: File No.: Kris Murphy Request for Comments Not indicated Related Files: Applicant: Location Not Indicated 4 Leonard Avenue 1 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 58 of 109

59 COMMENTS: Alectra Utilities (formerly PowerStream) has received and reviewed the proposed Application for Zoning By-law Amendment. This review, however, does not imply any approval of the project or plan. We have no objection to the zoning change with the understanding the new project must meet the clearances from our lines. In the event that the building commences construction, and the clearance between any component of the building structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with Alectra making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event the building is completed, and the clearance between the building and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of Alectra s cost for any relocation work. The customer will be responsible for contacting our New Connections department. Based on the characteristics (type) of project and size this will determine if a Service Design (Layout) or an Industrial Commercial or Institutional project (ICI) Service Application Information form will be required. Alectra will provide required standards upon request. This will avoid delays in the building process. References: Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings) Ontario Health and Safety Act, latest edition (Construction Protection) Ontario Building Code, latest edition (Clearance to Buildings) PowerStream (Construction Standard 03-1, 03-4), attached Canadian Standards Association, latest edition (Basic Clearances) If more information is required, please contact: Mr. Stephen Cranley Supervisor, Subdivisions & New Services Phone: ext Fax: stephen.cranley@alectrautilities.com 2 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 59 of 109

60 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 60 of 109 3

61 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 61 of 109 4

62 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 62 of 109

63 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 63 of 109

64 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 64 of 109

65 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 65 of 109

66 Zoning By-law Amendment Z.A. 2/ Leonard Avenue - Sta... Page 66 of 109

67 The Corporation of The Town of Penetanguishene Committee of the Whole Report COMMITTEE: COMMITTEE CHAIR: Planning and Development Councillor Debbie Levy SUBJECT: Zoning By-law Amendment Z.A. 3/ Fox Street Staff Report PD REPORT HIGHLIGHTS The Town received an application for a Zoning By-law Amendment from Doris and Martin Robillard on July 7, 2017; The application requests an amendment to the site specific regulations for the property from the Residential First Density Special Zone (R1S-9) Exception 9 Zone to permit a Triplex and to permit an Accessory Building having a Ground Floor area and building Height greater than permitted; The effect of the application would be to recognize the existing use of the building as a Triplex and to permit construction of a detached Accessory Building larger than the by-law permits; Notice of Public Meeting was given on October 5, 2017 by direct mailing to residents within 120 metres of the site and posted on the Town s website, in accordance with the Planning Act and Town policies; The purpose of this report is to serve as background information to the Public Meeting regarding the proposed amendment and to recommend that staff report to Committee of the Whole on the comments received. RECOMMENDATION THAT this report be received for discussion; AND THAT staff be directed to prepare a report for the next Committee of the Whole to address any comments received at the Public Meeting. BACKGROUND At the Committee of the Whole meeting on June 28, 2017, a request was made by Doris and Martin Robillard to waive the fee s associated with an application for a Zoning Bylaw Amendment (see Attachment #1 Request to Waive Application Fee) for the property at 245 Fox Street (see Attachment #2 Location Map). This request was granted by Council on July 19, An application was submitted to the Town by the Robillards on July 7, 2017 for two site specific zone regulations: to add a Triplex as a permitted use and to permit an Accessory Building having a larger ground floor area and height than permitted under the Zoning By-law. Proposal The purpose of the application is to add two new provisions to the existing site specific zoning of the property at 245 Fox Street. The current zoning of the property is Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 67 of 109

68 The Corporation of The Town of Penetanguishene Committee of the Whole Report Residential First Density Special (R1S-9) Exception 9. The proposed zoning of the property would continue to be Residential First Density Special (R1S-9) Exception 9; however, the Exception 9 would be to include a Triplex as a permitted use and to increase the maximum ground floor area of an Accessory Building from 55 square metres to 158 square metres and to increase the maximum permitted Height from 4.0 metres to 6.4 metres. Accompanying the application were conceptual drawings to illustrate the layout of the property (see Site Plan Attachment #3). Notice of the Public Meeting was given on October 5, 2017 by direct mailing to property owners within 120 metres of the subject site, posted on the Town s website and a Notice Sign was installed on the property in accordance with the Town s policies. To date the following correspondence has been received: 1) Enbridge Gas dated October 6, 2017 no objections (Attachment #4) 2) Alectra Utilities dated October 6, 2017 no objections (Attachment #5) ANALYSIS Technical Review Committee The application was circulated to the members of Technical Review Committee on July 20, Staff had no comments with respect to the application request. Site and Surrounding Area The property is legally described as Part of Lot 70 on Plan 70, municipally known as 245 Fox Street in the town of Penetanguishene. The property is rectangular in shape having a Frontage of 37.8 metres on Fox Street, a depth of 97.5 metres and a Lot Area of 3,687 square metres. Currently there is a two storey dwelling on the property and shed. The dwelling is being used as a Triplex; however, the Town s records only show a Duplex as being approved. The surrounding land uses include: North: Residential South: Residential East: Residential West: Residential Provincial Policy Statement and Provincial Plan Section 3 of the Planning Act states that all planning applications must be consistent with the Provincial Policy Statement (PPS). The PPS contains a number of policies which encourage development to occur in settlement areas in order to minimize land consumption. Section requires that land use patterns be based on densities and a mix of land uses which efficiently use land and resources. Section 14(1) of the Places to Grow Act, 2005 requires that all decisions under the Planning Act shall conform to the Growth Plan for the Greater Golden Horseshoe (GGH) area. Generally, the Growth Plan directs growth to built-up areas and promotes the creation of a more compact, mixed-use and complete communities. Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 68 of 109

69 The Corporation of The Town of Penetanguishene Committee of the Whole Report County of Simcoe Official Plan The Town of Penetanguishene is designated a Settlement Area in the County s Official Plan (SCOP). The SCOP generally directs development to settlement areas where more compact development on full services is encouraged. Official Plan The property is designated Neighbourhood Residential in the Town of Penetanguishene s Official Plan (OP). The land use policies of the designation are to further the development of healthy, safe, efficient and attractive patterns of land use. The permitted uses of the designation include a full range and density of housing options along with limited home occupations and professional uses, associated institutional uses and accessory retail uses. Zoning By-law , as amended The property is currently zoned Residential First Density Special (R1S-9) Zone Exception 9. The following are the regulations with in the R1S zone: RIS - USES PERMITTED a) Residential Uses - A Single Detached Dwelling or a Single Detached Dwelling with an Accessory Dwelling Unit not exceeding 52.0 sq. metres in accordance with the provisions of Subsection b) A home occupation, or a private home daycare, or a bed & breakfast establishment within a single detached dwelling, subject to the provisions of Subsection e) Institutional Uses - a school, church, home for the aged, park, or a day nursery provided the day nursery operation is conducted within a school or a church. f) Public Uses g) A group home as defined in Subsection which is operated in a single detached dwelling, in accordance with the requirements of Subsections 3.34 and RIS - ZONE REGULATIONS - SINGLE DETACHED DWELLINGS Public Water & Sanitary Sewers Public Water but no Sanitary Sewers Minimum Lot 19 metres 19 metres Frontage Minimum Lot 743 sq. metres 1,120 sq. Area metres Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 69 of 109

70 The Corporation of The Town of Penetanguishene Committee of the Whole Report Maximum Lot 25 per cent 20 per cent Coverage Minimum Yard Requirements a) Minimum 7.5 metres 7.5 metres Front Yard b) Minimum Side 1 metre on each side where there is an Yard attached private garage; or 1 metre on one side and 3 metres on the other where there is no attached private garage. c) Minimum 6 metres 6 metres Exterior Side Yard d) Minimum 9 metres 9 metres Rear Yard Minimum Ground Floor Area 93 sq. metres Maximum Height 11 metres 11 metres Maximum Accessory 4 metres 4 metres Building Height Notwithstanding the Residential Uses Permitted in Subsection 5.5.1, the building located on the lands zoned RESIDENTIAL FIRST DENSITY SPECIAL-EXEMPTION ("R1S-9"), municipally known as 245 Fox Street, shall be permitted to be converted into a duplex dwelling. BUDGETARY IMPLICATIONS There are no budget implications as a result of this report. RISK MANAGEMENT Not applicable. COMMUNICATION & MARKETING Notice of a Complete Application and Public Meeting was provided to the required agencies and adjacent land owners. A Notice Sign was posted on the property in compliance with the Town s Notice Sign Policy. All those submitting comments to the Town with respect to the application will be advised of any future decisions by Council with respect to this application. Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 70 of 109

71 RELEVANT BACKGROUND REPORT(S) Staff Report PD The Corporation of The Town of Penetanguishene Committee of the Whole Report SUSTAINABILITY A range of housing alternatives is part of the Community Pillar of the Sustainability Plan. STRATEGIC GOALS & OBJECTIVES It is a strategic goal of the Town to meets its legislative and regulatory requirements. The Zoning By-law is a land use mechanism under the Planning Act and must conform to the Town s Official Plan as well as Provincial and County land use legislation. Prepared by: A. Betty, MCIP RPP, Director of Planning and Community Development Reviewed by: [Senior Manager and CAO must review all staff reports] Council Meeting Date: October 25, 2017 ATTACHMENTS #1 Request to Waive Application Fee dated June 14, 2017 #2 Location Map #3 Site Plan #4 - Enbridge Gas #5 Alectra Utilities Electronic File Location: S:\Planning Department\D14 - Zoning\ZBA\2017\ZA Fox Street\Staff Reports\Staff Report PD RE ZA for Public Meeting.docx Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 71 of 109

72 5 I V ' 1 ' ' /1 ' I 7' Monday, June 19, 2017 Martin and Doris Robillard 46 Peel St Penetanguishene ON L9M 1B7 Regarding: Rezoning 245 Fox St Penetanguishene Dear Mr. Marshall and Council Members Doris and Martin Robillardare applying for a rezoning of a triplex at 245 Fox St. Penetanguishene and consideration to waive the additional fees. It has been a duplex with an accessory apartment for the past 22 years. We were recently informed that this was not a permitted use at this location. Thus the reason for the rezoning request. We would like to thank you in advance for your support in this matter. Sincerely! _»,,...«Q _ /l z ~c..<;. g,\_z~ /M I ac. 4 4* -.,./ M ' Hf / W».<L. Lg; 7», Doris and Martin 1 Roibill ard / z no/"/k g-.,,,q Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 72 of 109

73 Location Map [ BROAD STREET FOX STREET 1:1,741 Legend Zoning By-law Amendment Z.A. 3/ Fox Street Metres This map, either in whole or in part, may not be reproduced without the written authority from the Town of Penetanguishene, Copyright Town of Penetanguishene Land Information Network Cooperative - LINC 2012 Produced (in part) under license from: the Ontario Ministry of Natural Resources (Copyright - Queens Printer 2012). Teranet Enterprises Inc. and its suppliers all rights reserved, and Members of the Ontario Geospatial Data Exchange.THIS IS NOT A PLAN OF SURVEY. Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 73 of 109

74 Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 74 of 109

75 Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 75 of 109

76 Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 76 of 109

77 Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 77 of 109

78 Enbridge Gas Distribution 500 Consumers Road North York, Ontario M2J 1P8 Canada October 6, 2017 Kris Adamson Planner Planning and Community Development Town of Penetanguishene 10 Robert Street West P.O.Box 5009 Penetanguishene, ON L9M 2G2 Dear Kris Adamson, Re: Zoning By-law Amendment 245 Fox Street Town of Penetanguishene File No.: Z-A Enbridge Gas Distribution does not object to the proposed application(s). Enbridge Gas Distribution reserves the right to amend or remove development conditions. Sincerely, Alice Coleman Municipal Planning Coordinator Long Range Distribution Planning ENBRIDGE GAS DISTRIBUTION TEL: Consumers Rd, North York, ON, M2J 1P8 enbridgegas.com Integrity. Safety. Respect. AC/jh Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 78 of 109

79 Date: October 5 th, 2017 Attention: RE: File No.: Kris Murphy Request for Comments Not indicated Related Files: Applicant: Location Not Indicated 245 Fox Street 1 Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 79 of 109

80 COMMENTS: Alectra Utilities (formerly PowerStream) has received and reviewed the proposed Application for Zoning By-law Amendment. This review, however, does not imply any approval of the project or plan. We have no objection to the zoning change with the understanding the new project must meet the clearances from our lines. In the event that the building commences construction, and the clearance between any component of the building structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with Alectra making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event the building is completed, and the clearance between the building and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of Alectra s cost for any relocation work. The customer will be responsible for contacting our New Connections department. Based on the characteristics (type) of project and size this will determine if a Service Design (Layout) or an Industrial Commercial or Institutional project (ICI) Service Application Information form will be required. Alectra will provide required standards upon request. This will avoid delays in the building process. References: Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings) Ontario Health and Safety Act, latest edition (Construction Protection) Ontario Building Code, latest edition (Clearance to Buildings) PowerStream (Construction Standard 03-1, 03-4), attached Canadian Standards Association, latest edition (Basic Clearances) If more information is required, please contact: Mr. Stephen Cranley Supervisor, Subdivisions & New Services Phone: ext Fax: stephen.cranley@alectrautilities.com 2 Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 80 of 109

81 Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 81 of 109 3

82 Zoning By-law Amendment Z.A. 3/ Fox Street - Staff... Page 82 of 109 4

83 The Corporation of The Town of Penetanguishene COMMITTEE OF THE WHOLE MEETING COUNCIL CHAMBERS, TOWNHALL WEDNESDAY OCTOBER 11, 2017 Present: Mayor G. Marshall Deputy Mayor A. Dubeau Councillor D. LaRose Councillor D. Levy Councillor D. Rawson Councilor M. Mayotte Councillor M. Lauder Councillor D. Leroux Councillor B. Saunders MINUTES CAO, J. Lees Clerk, S. Cooper Director of Recreation & Community Services, S. Desjardins Director of Planning & Community Development, A. Betty Director of Public Works, B. Murray Treasurer, C. Robillard Regrets: Absent: RECOMMENDATIONS CONTAINED IN THIS COMMITTEE REPORT ARE NOT TO BE CONSIDERED THE FINAL DECISION OF THE CORPORATION UNTIL APPROVED BY PENETANGUISHENE COUNCIL 1. CALL TO ORDER The meeting was called to order at 7:40 p.m. Committee of the Whole Report - Dated October 11, 2017 Page 83 of 109

84 Town of Penetanguishene - Coordinated Section Committee 2. APPROVAL OF AGENDA i) Committee of the Whole Agenda - Dated September 27, 2017 Moved by Councillor D. Rawson and Seconded by Councillor D. Leroux Recommended Action: THAT the Committee of the Whole agenda for September 27, 2017 be approved as presented. CARRIED 3. DECLARATION OF PECUNIARY INTEREST None. 4. SECTION A - TRANSPORTATION AND ENVIRONMENTAL SERVICES Councillor D. Rawson assumed the role of the Chair for the Transportation and Environmental Services Section portion of the agenda. a. CONSENT AGENDA THAT the following consent agenda items, having been given due consideration be received for information: Moved by Councillor D. Leroux and Seconded by Councillor M. Mayotte CARRIED i) Midland Penetanguishene Transit Committee Meeting Minutes: March 28, 2017 July 11, 2017 ii) Great Lakes Adaptation Project b. MATTERS FOR CONSIDERATION i) Navy Lane Sanitary Pump Station Upgrades Project Project Update The Director of Public Works provided an overview of the history and current status of the Navy Lane sanitary pump station upgrades project. The Committee discussed the project and any potential future funding to assist with this project. Committee of the Whole Report - Dated October 11, 2017 Page 84 of 109

85 Town of Penetanguishene - Coordinated Section Committee Moved by Councillor D. Leroux and Seconded by Mayor G. Marshall THAT Option 1 - Defer the project in the Public Works 10 year capital plan; as outlined within the staff report be approved. CARRIED ii) Generator and Transfer Switch Purchase for the Payette Pump Station Moved by Councillor D. LaRose and Seconded by Councillor D. Leroux THAT Council approve the purchase and acquisition of the 400 kilowatt generator and associated power transfer switch from T & T Power Group. AND THAT the provisional additional warranty of three (3) years be purchased to extend the warranty to five (5) years or 2,000 hours. CARRIED c. REFERRALS TO UPCOMING AGENDA/STAFF i) Referrals: Moved by Mayor G. Marshall and Seconded by Deputy Mayor A. Dubeau THAT the Transportation and Environmental Services Section endorse the following additional and existing referrals to upcoming agendas and staff: Future Agenda Items: Item Key Deliverables Council Member Expected Date Thompsons Council Q Road West Extension Options Champlain Road Weight Limits Traffic Data Council Q Committee of the Whole Report - Dated October 11, 2017 Page 85 of 109

86 Town of Penetanguishene - Coordinated Section Committee Transit Agreement Renewal Options New Agreement Councillor Rawson Q Ojibway Landing Update Results of Site Characterization Councillor B. Saunders Q CARRIED d. QUESTION PERIOD FROM MEDIA AND PUBLIC None. 5. SECTION B - RECREATION AND COMMUNITY SERVICES Councillor D. Leroux assumed the role of the Chair for the Recreation and Community Services Section portion of the agenda. a. CONSENT AGENDA THAT the following consent agenda items, having been given due consideration be received for information: Moved by Councillor D. Levy and Seconded by Councillor M Lauder CARRIED i) Seniors Council Minutes - September 5, 2017 b. MATTERS FOR CONSIDERATION None. c. REFERRALS TO UPCOMING AGENDA/STAFF i) Referrals Councillor D. Leroux requested that an item being that item: Seniors Facility with the Key deliverable to be funding opportunities, location and a priority of Q Councillor D. Leroux and Seconded by Councillor M. Lauder Committee of the Whole Report - Dated October 11, 2017 Page 86 of 109

87 Town of Penetanguishene - Coordinated Section Committee CARRIED Moved by Councillor D. Rawson and Seconded by Councillor M. Lauder THAT the Recreation and Community Services Section endorse the following additional and existing referrals to upcoming agendas and staff: Future Agenda Items: Item Key Deliverables Council Member Expected Date Tourism advertising (print & on-line) for future consideration Cycling Strategy Karma Ecology Garden Report / Agreement Ice Subsidy Review Seniors Facility Advertising options beyond North Simcoe borders Develop a cycling strategy New draft agreement and review of operations Provide options for ensuring subsidies reach residents of Penetanguishene Funding Opportunities and Potential Locations Q Councillor Q Lauder Council Q Councillor Rawson Councillor D. Leroux Q Q CARRIED d. QUESTION PERIOD FROM MEDIA AND PUBLIC 6. SECTION C - PLANNING AND COMMUNITY DEVELOPMENT SERVICES Councillor D. Levy assumed the role of the Chair for the Planning and Community Development Services Section portion of the agenda. Committee of the Whole Report - Dated October 11, 2017 Page 87 of 109

88 Town of Penetanguishene - Coordinated Section Committee a. CONSENT AGENDA THAT the following consent agenda items, having been given due consideration be received for information: Moved by Councillor D. Rawson and Seconded by Deputy Mayor A. Dubeau CARRIED i) Huronia Animal Control Monthly Comparative Report b. MATTERS FOR CONSIDERATION i) PD Champlain Woods Subdivision Lapse Date for Draft Plan Conditions The Director of Planning and Community Development provided an update to the Committee regarding the lapse date for draft plan conditions for the properties located at Champlain Woods. Moved by Councillor D. Rawson and Seconded by Deputy Mayor A. Dubeau THAT the Conditions of Draft Plan of Subdivision for Champlain Woods (MAH 43T-79043, 43T-89017, 43T-89064, 43T-91048, and 43T-92012) be changed to include a new lapse date condition as follows: 17. Be advised that the approval of this Draft Plan will lapse on October 25, This approval may be extended, at the discretion of Council, but no extension will be granted once the approval has lapsed. If final approval is not given to this Plan within three years of the approval of this condition, and no extensions have been granted, draft approval will lapse. If the owner wishes to request an extension to draft approval, a letter of explanation together with a planning report setting out how the Plan conforms to the current planning control documents in place along with any required fees must be received by the Town a minimum of 90 days prior to the lapsing date. Please note that an update to the Plan and revisions to the conditions of draft approval may be necessary if an extension is granted. AND THAT staff be directed to give Notice of the revised Draft Plan Conditions pursuant to the Planning Act; Committee of the Whole Report - Dated October 11, 2017 Page 88 of 109

89 Town of Penetanguishene - Coordinated Section Committee CARRIED ii) PD Martin Marchildon Subdivision Lapse Date for Draft Plan Conditions The Director of Planning and Community Development provided an update to the Committee regarding the lapse date for draft plan conditions for the properties located at the Martin Marchildon Subdivision. Moved by Councillor M. Lauder and Seconded by Mayor G. Marshall THAT the Conditions of Draft Plan of Subdivision for Martin Marchildon Subdivision (MAH 43T be changed to include a new lapse date condition to the following: 12. Be advised that the approval of this Draft Plan will lapse on October 25, This approval may be extended, at the discretion of Council, but no extension will be granted once the approval has lapsed. If final approval is not given to this Plan within three years of the approval of this condition, and no extensions have been granted, draft approval will lapse. If the owner wishes to request an extension to draft approval, a letter of explanation together with a planning report setting out how the Plan conforms to the current planning control documents in place along with any required fees must be received by the Town a minimum of 90 days prior to the lapsing date. Please note that an update to the Plan and revisions to the conditions of draft approval may be necessary if an extension is granted. AND THAT staff be directed to give Notice of the revised Draft Plan Conditions pursuant to the Planning Act; CARRIED iii) PD Zoning By-law Amendment Z.A.4/ Burke Street Moved by Councillor B. Saunders and Seconded by Councillor D. LaRose THAT the Zoning By-law Amendment Application Z.A. 4/2017 respecting 43 Burke Street be deemed a Complete Application; Committee of the Whole Report - Dated October 11, 2017 Page 89 of 109

90 Town of Penetanguishene - Coordinated Section Committee AND THAT Notice of a Complete Application and Public Meeting under the Planning Act be provided in accordance with the regulations issued pursuant to the Planning Act. CARRIED iv) PD Site Plan Application SPA for 243 Champlain Road The Director of Planning and Community Development provided an update to the Committee regarding the proposed Site Plan Application for 243 Champlain Road. Moved by Councillor D. Rawson and Seconded by Councillor D. LaRose THAT Site Plan approval be granted for the property at 243 Champlain Road (new lot formerly part of 239 Champlain Road) File No. SPA CARRIED v) PD One Main Building Agreement 23 Don Street The Director of Planning and Community Development provided an overview of the proposed agreement for 23 Don Street. Moved by Councillor D. Rawson and Seconded by Mayor G. Marshall THAT a By-law to enter into a One Main Building Agreement with the owners of 23 Don Street, Mr. and Mrs. Karel, be approved. CARRIED c. REFERRALS TO UPCOMING AGENDA/STAFF i) Referrals Moved by Councillor M. Lauder and Seconded by Councillor D. Rawson THAT the Planning and Community Development Services Section endorse the following existing referrals to upcoming agendas and staff: Future Agenda Items: Committee of the Whole Report - Dated October 11, 2017 Page 90 of 109

91 Town of Penetanguishene - Coordinated Section Committee Item Key Deliverables Council Member Expected Date Development Charges - CIP, targeted incentives and opportunities Development of CIP which examines financial incentives Council Q Secondary Suite Report Backyard Chickens Report on existing permissions and options for changes to Secondary Suites. Review and investigate options for permitting backyard chickens Councillor D. Levy Councillor D. Levy Q Q CARRIED d. QUESTION PERIOD FROM MEDIA AND PUBLIC None. 7. SECTION D - FINANCE AND CORPORATE SERVICES Deputy Mayor A. Dubeau assumed the role of the Chair for the Finance and Corporate Services Section portion of the agenda. a. CONSENT AGENDA THAT the following consent agenda items, having been given due consideration be received for information: Moved by Councillor M. Lauder and Seconded by Councillor M. Mayotte CARRIED i) Joint Request for Insurance Update The Treasurer provided a brief overview of the Joint Request for Insurance. b. MATTERS FOR CONSIDERATION Committee of the Whole Report - Dated October 11, 2017 Page 91 of 109

92 Town of Penetanguishene - Coordinated Section Committee c. REFERRALS TO UPCOMING AGENDA/STAFF i) Referrals Moved by Councillor D. Rawson and Seconded by Councillor D. Leroux THAT the Finance and Corporate Services Section endorse the following additional and existing referrals to upcoming agendas and staff: Future Agenda Items: Item Key Deliverables Community Determining Engagement best way to Initiatives communicate with the Public Land Sale Policy Review Smoking Policy on Parks and Town Property Election 2018 Reviewing Land Sale By-law for opportunities for updates to ensure transparency and efficiency Options for smoke free parks and municipal facilities Reporting on items as required regarding the 2018 Municipal Election Council Expected Member Date Council Q Council Q Mayor G. Marshall Council Q as required Finance - Insurance Joint RFP Review Insurance Joint RFP process initiated for North Simcoe municipalities Council Q Committee of the Whole Report - Dated October 11, 2017 Page 92 of 109

93 Town of Penetanguishene - Coordinated Section Committee CARRIED d. QUESTION PERIOD FROM MEDIA AND PUBLIC None. 8. ADJOURNMENT The meeting was adjourned at 8:14 p.m. Mayor Recording Secretary Committee of the Whole Report - Dated October 11, 2017 Page 93 of 109

94 The Corporation of The Town of Penetanguishene COMMITTEE OF THE WHOLE MEETING COUNCIL CHAMBERS, TOWNHALL WEDNESDAY OCTOBER 18, 2017 at 7:00 PM Present: Mayor G. Marshall Deputy Mayor A. Dubeau Councillor D. LaRose Councillor D. Levy Councillor D. Rawson Councilor M. Mayotte Councillor M. Lauder Councillor D. Leroux Councillor B. Saunders MINUTES CAO, J. Lees Clerk, S. Cooper Director of Recreation & Community Services, S. Desjardins Director of Planning & Community Development, A. Betty Director of Public Works, B. Murray Treasurer, C. Robillard Fire Chief, P. Ryan Director of Human Resources, C. Devlin RECOMMENDATIONS CONTAINED IN THIS COMMITTEE REPORT ARE NOT TO BE CONSIDERED THE FINAL DECISION OF THE CORPORATION UNTIL APPROVED BY PENETANGUISHENE COUNCIL 1. CALL TO ORDER The Mayor called the meeting to order at 7:00 p.m. 2. APPROVAL OF AGENDA i) Special Committee of the Whole Agenda - Dated October 18, 2017 Special Committee of the Whole Report - Budget Draft 1 - Dat... Page 94 of 109

95 Town of Penetanguishene - Coordinated Section Committee Moved by Councillor B. Saunders and Seconded by Councillor M. Lauder THAT the Special Committee of the Whole agenda for October 18, 2017 be approved as presented. CARRIED 3. DECLARATION OF PECUNIARY INTEREST None. 4. FINANCE AND CORPORATE SERVICES Deputy Mayor A. Dubeau assumed the role of the Chair for the Finance and Corporate Services Section portion of the agenda. a. MATTERS FOR CONSIDERATION i) 2018 Budget - Draft #1 Report The Treasurer provided a brief overview of the history and current process related to the process for preparing the 2018 budget documents. Moved by Councillor D. Levy and Seconded by Mayor G. Marshall THAT the 2018 Budget - Draft #1 and related budget documents be received for information and discussion; AND THAT Staff amend the 2018 Budget as directed. CARRIED ii) Transportation and Environmental Services Section Budget Documents The Committee discussed the 2018 Public Works Summary for Operating and Capital Budget. The requested amendments were as follows: 1. Include the Navy Lane project in the 2018 Capital budget for approximately $920,000 (difference of $ 510,000) (moved by D. Rawson and seconded by Councillor B. Saunders) CARRIED For discussion. iii) Planning and Community Development Services Section Budget Documents Special Committee of the Whole Report - Budget Draft 1 - Dat... Page 95 of 109

96 Town of Penetanguishene - Coordinated Section Committee The Committee discussed the 2018 Planning and Community Development Summary for Operating and Capital Budget. The requested amendments were as follows: 1. Decrease the operating budget amount for Community Development Streetscaping from $20,000 to $15,000 - moved by D. LaRose and seconded by D. Rawson. CARRIED 2. Remove M-897 Downtown Community Improvement Plan & Design Guidelines ($30,000) from the 2018 capital budget - moved by D. Levy and seconded by D. Rawson. CARRIED For discussion. iv) Recreation and Community Services Section Budget Documents The Committee discussed the 2018 Recreation and Community Services Operating and Capital Budget. The requested amendments were as follows: 1. That the Tourism Advertising remain at $13,000 (no increase) in the 2018 operating budget -moved by Councillor D. Rawson and Seconded by Councillor D. LaRose. DEFEATED 2. Remove Pickleball Court Construction M-922 ($135,000) from the 2018 capital budget - moved by Councillor D. Rawson and Seconded by Councillor D. LaRose. DEFEATED 3. Move the 2020 capital project item 934 Amphitheatre Shelter to 2018 Capital Budget - ($40,000) Moved by Councillor D. Leroux and Seconded by Mayor G. Marshall. CARRIED 4. That the 2018 Library Operating grant be a 2.2 % increase over the 2017 Budgeted amount - Moved by Mayor G. Marshall and Seconded by Councillor D. Rawson. CARRIED For discussion. Councillor D. Levy left the meeting at 10:00 p.m. vi) Library Budget Documents The Committee discussed the 2018 Library Operating and Capital Budget. 1. THAT the 2018 Library Capital Budget be approved. Moved by Councillor D. Rawson and Seconded by Councillor M. Lauder. CARRIED For discussion. Special Committee of the Whole Report - Budget Draft 1 - Dat... Page 96 of 109

97 Town of Penetanguishene - Coordinated Section Committee v) Finance and Corporate Services Section Budget Documents The Committee discussed the 2018 Finance, Corporate Services and Fire Department Operating and Capital Budget. There were no requested amendments. For discussion. vii) Financial Requests THAT the following financial requests be included in the 2018 budget process: Include $2,000 Police Services Board for Crime Stoppers donation. Moved by Councillor B. Saunders and Seconded by Mayor G. Marshall - CARRIED Include $7,000 SSEA Invasive Species Coordinator. Moved by Councillor M. Lauder and Seconded by Deputy Mayor A. Dubeau. DEFEATED Include $5,000 Ecology Garden Operations. Moved by Mayor G. Marshall and Seconded by Councillor M. Lauder. DEFEATED b. QUESTION PERIOD FROM MEDIA AND PUBLIC A question from the member of the public requested information regarding the safety of the arena roof. 5. ADJOURNMENT The meeting was adjourned at 10:47 p.m. Mayor Recording Secretary Special Committee of the Whole Report - Budget Draft 1 - Dat... Page 97 of 109

98 THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER Being a By-law to Amend Zoning By-law as amended of the Corporation of the Town of Penetanguishene (24 Corbeau Crescent) WHEREAS pursuant to Section 34 of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, the Council of the Town of Penetanguishene passed Zoning By-law as amended; AND WHEREAS the Council of The Corporation of the Town of Penetanguishene has initiated an application to amend By-law as amended; AND WHEREAS the proposal conforms to Penetanguishene s Official Plan and constitutes good planning; AND WHEREAS the Council of The Corporation of the Town of Penetanguishene deems it appropriate to amend By-law as amended; AND WHEREAS a Public Meeting has been held in accordance with the Planning Act, R.S.O. 1990, to provide information to enable the public to understand generally the purpose and effect of the amendments being proposed; NOW THEREFORE the Council of the Town of Penetanguishene hereby enacts as follows: 1. That Schedule A to By-law as amended is hereby further amended by rezoning the lands shown on Schedule 1 attached hereto and forming part of this Bylaw from RESIDENTIAL THIRD DENSITY ZONE and to RESIDENTIAL THIRD DENSITY EXCEPTION (R3-14) ZONE. 2. That Subsection (R3 ZONE EXCEPTIONS) of By-law as amended is hereby further amended by the addition of a new Subsection which shall read as follows: Notwithstanding the Uses Permitted under Section a), the lands zoned R3-14 on Schedule 1 to this By-law the following uses shall be permitted: two (2) Dwelling Units are permitted per Lot and the following shall apply: Minimum Lot Frontage Minimum Lot Area 11.0 metres 425 square metres 3. All other provisions of By-law as amended remain in full force and effect. By-laws: Being a By-law to Amend Zoning By-law Page 98 of 109

99 4. This By-law shall take effect and come into force pursuant to the provisions and regulations made under the Planning Act, R.S.O. 1990, chapter P.13, as amended. BY-LAW read a first, second and third time and finally passed by Council this 25 th, day of October, MAYOR Gerry Marshall CLERK Stacey Cooper By-laws: Being a By-law to Amend Zoning By-law Page 99 of 109

100 By-laws: Being a By-law to Amend Zoning By-law Page 100 of 109

101 THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW Being a By-law to authorize the entering into of an Agreement with Tiny Township for the use the Town of Penetanguishene communication antenna on the Centennial Drive Elevated Tank WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality s ability to respond to municipal issues; AND WHEREAS the Council of The Corporation of the Town of Penetanguishene enacted By-law being a By-law to authorize the entering into of an Agreement with the Township of Tiny for the use the Town of Penetanguishene communication antenna on the Centennial Drive Elevated Tank; NOW THEREFORE be it enacted and it is hereby enacted by the Council of The Corporation of the Town of Penetanguishene as follows: That the Mayor and Clerk be and are hereby authorized to execute the Agreement with Township of Tiny for the use the Town of Penetanguishene communication antenna on the Centennial Drive Elevated Tank, said terms are contained in the revised Agreement attached hereto as Schedule A to this By-law; 1. That the Clerk and the Mayor are hereby authorized to make any minor alterations to said Agreement that do not substantially change the content. 2. That this By-law shall come into force and effect on passing. BY-LAW READ a first, second and third time and finally passed by Council this 25th day of October, MAYOR Gerry Marshall CLERK Stacey Cooper By-laws: Being a By-law to Amend Zoning By-law Page 101 of 109

102 SCHEDULE A TO BY-LAW THIS LICENSE AGREEMENT, made in triplicate this 25 day of October, 2017 IT IS AGREED AS FOLLOWS: BETWEEN: The Corporation of the Township of Tiny, 130 Balm Beach Road West, Tiny, L0L 2J0, in the Province of Ontario, (hereinafter called the Licensee ); OF THE ONE PART And The Corporation of the Town of Penetanguishene of the Province of Ontario, (hereinafter called the Licensor ) OF THE OTHER PART ARTICLE 1 DEFINITIONS 1.1 The following definitions apply in the interpretation of this Agreement: Building means the building known municipally as the Centennial Drive Elevated Tank located on the Lands License means this Agreement Licensee means The Corporation of the Township of Tiny Licensor means The Corporation of the Town of Penetanguishene Antenna means the device to transmit and receive elements of a geographically defined coverage area. ARTICLE 2 LICENSE AND DESCRIPTION OF THE LICENSED AREAS 2.1 License. The Licensor hereby grants leave and license to the Licensee to use the Town of Penetanguishene communication antenna on the Centennial Drive Elevated Tank for the sole purpose of obtaining an internet connection at the Toanche Fire Hall, located at 7 Toanche Trail, Tiny Ontario. By-laws: Being a By-law to Amend Zoning By-law Page 102 of 109

103 2.2 Legal Description. The Licensed Areas are located on the lands located at Plan 1521, Part Lot 28 & 29, RP 51R31015 Part 1. (Centennial Drive Elevated Tank) 2.4 Title of Licensor. The Corporation of the Town of Penetanguishene is the registered owner of the Licensed Areas and has by By-law # committed the use of and hold for the use of the Licensor. ARTICLE 3 TERM AND CONSIDERATION 3.1 Term. This License shall have a term of five (5) years from the date this Agreement is signed. 3.2 License Fees. The Licensee agrees to pay the Licensor, by way of acknowledgement that the aforesaid leave and license exists only by leave of the Licensor and not by any right or title whatsoever, the following sums plus applicable tax: Year 1: $1, plus applicable tax Year 2: Year 1 + annual CPI increase tbd plus applicable tax Year 3: Year 2 + annual CPI increase tbd plus applicable tax Year 4: Year 3 + annual CPI increase tbd plus applicable tax Year 5: Year 4 + annual CPI increase tbd plus applicable tax Payment of the fee shall be made annually, in advance, the first of such payments to be made on the execution of this License and in subsequent years on the 1 st day of each year. 3.3 Additional Term. The Licensor hereby irrevocably grants to the Licensee the right to extend the term of this License for one (1) further consecutive period of five (5) years. The right to renew shall be deemed to have been exercised by the Licensee unless the Licensee gives notice in writing to the Licensor at least ninety (90) days prior to expiry of the term, as the case may be, stating it elects not to exercise such right. Any renewal period shall be based upon the same terms and conditions as are herein contained, except that there shall be no further right of renewal and that the License Fee during the renewal period shall be based on the then fair-market value for telecommunications installations on water towers, subject to renegotiation between the parties (but in no event shall the license fee be less than the amount paid during Year Five of this Agreement). Upon completion of the second term the Licensor agrees to give the Licensee a right of first offer to an additional 5 year License. Such an additional period shall not be based on the same terms and conditions or fee structure as herein contained unless the Licensor elects to accept such terms, conditions and fee structure. ARTICLE 4 LICENSEE S PRIVILEGES 4.1 Permission. The Licensor grants permission to the Licensee: By-laws: Being a By-law to Amend Zoning By-law Page 103 of 109

104 To obtain a broadband signal for the intentions of accessing the internet at the Toanche Fire Hall. This includes accessing the Equipment for the purposes of transmission, emission or reception of signals and any other purposes incidental thereto, so long as such use does not interfere with the existing use of existing users of the Land or Building. ARTICLE 5 LICENSEE S OBLIGATIONS 5.1 Licensee s Obligations. The Licensee shall: pay the annual license fee as well as all Federal and Provincial Taxes applicable to the license fee as well as all Business Taxes as they become due and payable For the purpose hereof, Business Taxes shall mean all taxes, rates, duties levies, assessments, license fees that are levied, rated charged or assessed by a municipal government with respect to any and every business carried on by the Licensee in the Licensed Areas, and Not, unless prior written consent is provided by the Licensor, use the communication panels for any purpose other than the purpose authorized by this License.; At no point, will the internet signal provided be used for any lifesaving communications or be required to initiate or maintain communications when responding or addressing emergency calls. ARTICLE 6 LIABILITY, INDEMNITY AND INSURANCE 6.1 Liability. Further, the Licensee agrees to take all necessary precautions and steps to ensure that the Licensee has adequate back-up systems and insurance in place and the Licensor shall in no event be liable for any interruption of service, down-time,failure or any other difficulty whatsoever experienced by the Licensee, whether caused by damage to the Equipment or other equipment, fire, flood, power failure or any other event or things whatsoever, regardless of how such damage, fire, flood, power failure or other event or thing occurs, and even if it occurs through the negligence or gross negligence by or of the Licensor, its employees or agents. 6.2 The Licensee shall release, indemnify and save harmless the Licensor, its employees, or its agents, from all risk, liability and obligation assumed by the Licensee under this License, and all claims and demands in connection therewith. By-laws: Being a By-law to Amend Zoning By-law Page 104 of 109

105 6.3 Insurance The Licensee shall effect and keep in force at all times during the continuance of this License, an insurance policy which shall include the Licensor, its employees and its agents as named insured under the liability policy, by added endorsement. The said policy shall cover damage, destruction or loss to the Equipment and shall cover claims by third parties arising from death, loss, damage or injury to persons, property, process or public liability, in a limit not less than $3,000,000 for each occurrence or accident. The said policy shall contain or shall be deemed to contain a waiver of subrogation against the Licensor, its employees, or its agents. ARTICLE 7 TERMINATION 7.1 Termination by Licensee. The Licensee may terminate this License by giving thirty (30) days prior written notice to the Licensor. 7.2 Termination by Licensor. The Licensor may terminate this License if and whenever the license fee or any part thereof shall be unpaid after it shall have become due and payable as herein provided and such default shall continue for thirty (30) days following notice by the Licensor to the Licensee. Such notice shall be sent to the addressee indicated in Article 11 hereto. Upon expiration of such thirty (30) day delay, it shall be lawful for the Licensor to terminate this Licensee In the event that the Building is destroyed or damaged in such a manner that it is not possible for the Licensee to continue to maintain its Equipment thereon, the Licensor shall be under no obligation to rebuild or repair the said Tower and the Licensee or Licensor shall have the right to terminate this License forthwith. In such an event the Licensor shall not be responsible for any damage or loss which may be incurred by the Licensee by reason of such termination The Licensor covenants that should it ever transfer, sell or otherwise dispose of its interest in the Building, the Licensor will use reasonable efforts to cause the transferee or purchaser to take an assignment of and assume the obligations of the Licensor under this License. In the event that the transferee elects not to assume the Licensor s obligations hereunder, the Licensor shall have the right to terminate this License with 365 days notice. In such an event the Licensor shall not be responsible for any damage or loss which may be incurred by the Licensee by reason of such termination In the event that for technological reasons the operations carried out by the licensee interferes with the operations of the licensor; the License will be terminated immediately. 7.3 Hold Over. It is agreed that should the Licensee hold over after the expiration of this License, there shall be no tacit renewal of the License, but the Licensee may, with the By-laws: Being a By-law to Amend Zoning By-law Page 105 of 109

106 Licensor s consent, continue such holding over from month to month, subject in all other respects to the terms and conditions of this License applicable on the date of expiration, and subject to payment of the license fee adjusted by 2% per annum and adjusted to reflect monthly payments. ARTICLE 8 NOTICE 8.1 Notice by Tender or Facsimile. Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission, to the Licensee at the following address: Address: The Corporation of the Township of Tiny 130 Balm Beach Road West, Tiny, ON L0L 2J0 Attention: Clerk Phone No: Fax No: And to the Licensor at the following address: Address: Attention: 10 Robert Street West P.O. Box 5009 Penetanguishene, Ontario L9M 2G2 Chief Administrative Officer Phone No: Fax No: Notice by Registered Mail. Any notice may also be given by prepaid registered mail mailed within Canada and such notice shall be effective on the fifth (5 th ) day following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effected by personal delivery or a facsimile as stated above. By-laws: Being a By-law to Amend Zoning By-law Page 106 of 109

107 ARTICLE 9 OTHER PROVISIONS 9.1 Invalidity of Provisions. If any clause, obligation or agreement of this License, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable by any Court of law having jurisdiction, the remainder of this License or the application of such clause, obligation or agreement to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each clause, obligation or agreement of this License shall be separately valid and enforceable to the fullest extent permitted by law. 9.2 Entire Agreement License hereto and any other documents referred to in this License, constitute the entire agreement of the parties and may not be amended or modified except by a written instrument executed by both parties. 9.3 Successors and Assigns. This License shall ensure to the benefit of and be binding upon the successors and assigns of the Licensor and the successors and permitted assigns of the Licensee, and no assignee or successor of the Licensor shall challenge the validity or enforceability of any aspect of this License and every assignee or successor of the Licensor shall be bound by all obligations of the Licensor hereunder. 9.4 Governing Law. This License shall be governed by the laws of the Province in which the Licensed Areas are located. 9.5 Written assurances from The Corporation of the Township of Tiny and their consultant or service provider, that this connection will in no way interfere with any Town-owned equipment, including, but not limited to, meter reading equipment, corrosion protection equipment or Fire Department radio equipment, or existing customers equipment. (Appendix 1) 9.6 Insurance policy naming the Town as an additional insured as specified in Article 6. WITNESS MAYOR WITNESS CLERK WITNESS Authorized Signature of Licensee WITNESS Authorized Signature of Licensee By-laws: Being a By-law to Amend Zoning By-law Page 107 of 109

108 APPENDIX 1 June 27, 2017 Town of Penetanguishene 10 Robert Street West Penetanguishene, ON L9M 2G2 Attention: Carrie Robillard, This letter is to inform you that Point to Point Broadband does not require adding any equipment to the Elevated Water Tank in order to provide the Township of Tiny Fire Station in Toanche a connection to the Point to Point Broadband network. This connection does not affect the performance to the Town of Penetanguishene network, although they will be accessing equipment owned by the Town of Penetanguishene. If you have any questions, please contact me at any time to discuss at ext 129. Sincerely, Tim Belcourt tbelcourt@ptpbroadband.com By-laws: Being a By-law to Amend Zoning By-law Page 108 of 109

109 THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW Being a By-law to Confirm Proceedings of the Council of The Corporation of The Town of Penetanguishene at the Council Meeting held on October 25, 2017 WHEREAS the Municipal Act, 2001, c.25, s.5(1) provides that the powers of a municipality shall be exercised by its Council; AND WHEREAS the Municipal Act, 2001, c.25, s.5(3) provides that a municipal power shall be exercised by By-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of The Corporation of the Town of Penetanguishene at this meeting be confirmed and adopted by By-law; NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene hereby enacts as follows: 1. That the actions of the Council of The Corporation of the Town of Penetanguishene in respect to each recommendation contained in the Minutes of the four (4) Section Committees of Council, Local Boards, Council or Committees, and each motion and resolution passed and other action taken by the Council of The Corporation of the Town of Penetanguishene at its meeting is hereby adopted and confirmed as if all such proceedings were expressly in this Bylaw. 2. That the Mayor and the proper officials of The Corporation of the Town of Penetanguishene are hereby authorized and directed to do all things necessary to give effect to the action of the Council of The Corporation of the Town of Penetanguishene referred to in the proceeding section hereof. 3. That the Mayor and Town Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Penetanguishene. 4. That any Member of Council who complied with the provisions of Section 5 of the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50 respecting the proceedings of the said Meetings shall be deemed to have complied with said provisions in respect of this By-law. BY-LAW read a first, second and third time and finally passed by Council this 25 th day of October, MAYOR Gerry Marshall CLERK Stacey Cooper By-law THAT confirmation by-law , be signed a... Page 109 of 109