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06 19 2019 Council MinutesTownship of Proud Heritage, Exciting Future Wednesday, June 19, 2019 The Township of Oro-Medonte Council Meeting Minutes Council Chambers 2018-2022 Council Present: Mayor H.S. Hughes Deputy Mayor Scott Jermey Councillor Ian Veitch Councillor Scott Macpherson Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Time: 6:00 p.m. Staff Andria Leigh, Acting CAO/Director, Development Services Present: Karen Way, Clerk Donna Hewitt, Director, Corporate Services Shawn Binns, Director, Operations and Community Services Curtis Shelswell, Chief Municipal Law Enforcement Officer Tamara Obee, Manager, Human Resources, Health & Safety Derek Witlib, Manager, Planning Services Michelle Jakobi, Manager, Compliance and Capital Projects Justin Metras, Manager, Infrastructure and Capital Projects Mel Brown, Fire Prevention Jenny Leggett, Communications & Public Relations Officer Danielle Waters, Planner Jennifer Barrick, Environmental Services Technologist Vanessa Cooper, Executive Assistant, Mayor & Council and CAO 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair, called the meeting to order followed by a moment of reflection. Page 1 of 13 Council Meeting Minutes —Wednesday, June 19, 2019. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C190619-1 Moved by Macpherson, Seconded by Keane Be it resolved that the agenda for the Council meeting of Wednesday, June 19, 2019 be received and adopted; That correspondence dated June 18, 2019 from Bobby Vakili and Reza Dadashi re: Item 12f) and 17e) be received. Carried. 3. Disclosure of Pecuniary Interest: Councillor Greenlaw declared a pecuniary interest on Item 12a) Shawn Binns, Director, Operations and Community Services re: Memorandum of Understanding between The Corporation of the Township of Oro-Medonte and 2440656 Ontario Inc., 1350341 Ontario Inc., 2437339 Ontario Inc. & 2434219 Ontario Inc. (collectively Burl's Creek) as his business has provided ATM Services for this property for over 10 years. Councillor Greenlaw left the table and did not participate in the discussion or vote on this item. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C190619-2 Moved by Jermey, Seconded by Scott Be it resolved that we do now go in Closed Session at 6:02 p.m. to discuss • Position, plan, procedure, criteria or instruction to be applied to any negotiations related to the municipality (Short Term Rentals (Airbnb)); • Education or training of members in accordance with Section 239 (3.1) of the Municipal Act, 2001, as amended (Conduct Policies). Carried. Page 2 of 13 Council Meeting Minutes —Wednesday, June 19, 2019. b) Motion to Rise and Report. Motion No. C190619-3 Moved by Scott, Seconded by Jermey Be it resolved that we do now Rise at 6:29 p.m. and Report on the Closed Session Items 4 c) Andria Leigh, Director, Development Services re: A position, plan, procedure, criteria or instruction to be applied to any negotiations related to the municipality (Short Term Rentals (Airbnb)). d) Robin Dunn, CAO; Karen Way, Clerk re: Education or training of members (Conduct Policies). Carried. c) Andria Leigh, Director, Development Services re: Position, plan, procedure, criteria or instruction to be applied to any negotiations related to the municipality (Short Term Rentals (Airbnb)). The following staff were present: Andria Leigh, Director, Development Services Karen Way, Clerk Curtis Shelswell, Chief Municipal Law Enforcement Officer Motion No. C190619-4 Moved by Greenlaw, Seconded by Veitch Be it resolved 1. That the confidential verbal information presented by Andria Leigh, Director, Development Services and Curtis Shelswell, Chief Municipal Law Enforcement Officer re: A position, plan, procedure, criteria or instruction to be applied to any negotiations related to the municipality (Short Term Rentals (Airbnb)) be received. 2. That staff proceed as directed by Council. Carried. Page 3 of 13 Council Meeting Minutes —Wednesday, June 19, 2019. d) Robin Dunn, CAO; Karen Way, Clerk re: Education or training of members (Conduct Policies). The following staff were present: Andria Leigh, Director, Development Services Karen Way, Clerk Tamara Obee, Manager, Human Resources, Health & Safety Motion No. C190619-5 Moved by Greenlaw, Seconded by Veitch Be it resolved 1. That Confidential Report No. CS2019-12, re: Education or training of members (Conduct Policies) by Andria Leigh, Acting CAO and Karen Way, Clerk be received and adopted. 2. That the Council of the Township of Oro-Medonte affirms their commitment to Respect in the Workplace through the inclusion of a statement on Council and Committee meetings. Carried. 7. Public Meetings: a) Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for a Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2019-ZBA-09 (Ian & Beth Johnstone) [Refer to Items 12d) and 17d)]. Mayor H.S. Hughes called the meeting to order at 6:30 p.m. and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed Application by Ian and Beth Johnstone on the lands located at 315 Line 9 South. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 28, 2019; Enbridge Gas Inc. dated May 30, 2019; Lake Simcoe Region Conservation Authority dated June 10, 2019. Danielle Waters, Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Ian Johnstone, applicant, was present. Page 4 of 13 Council Meeting Minutes — Wednesday, June 19, 2019. The following public persons offered verbal comments with respect to the proposed amendment: Amanda Sellers -McCaw provided questions/comments with respect to setting a precedent and the potential development of a subdivision. There being no further comments or questions, the meeting adjourned at 6:43 p.m. A digital recording of the meeting is available for review through the Township's website. 12. Reports of Municipal Officers: d) DS2019-75, Danielle Waters, Planner re: Zoning By-law Amendment Application 2019- ZBA-09, Ian & Beth Johnstone, 315 Line 9 South [Refer to Item 17d)]. Motion No. C190619-6 Moved by Keane, Seconded by Macpherson Be it resolved 1. That DS2019-75 re: Zoning By-law Amendment Application 2019-ZBA-09, Ian & Beth Johnstone, located at Con 10 W Pt Lot 22 RP 51 R36732 Part 1, Township of Oro- Medonte known as 315 Line 9 South by Danielle Waters, Planner be received and adopted. 2. That Zoning By-law Amendment Application 2019-ZBA-09, that would rezone the subject lands from Agricultural/Rural Hold (A/RU (H)) to Agricultural/Rural Exception 299 (A/RU`299), be approved; 3. That the appropriate By-law be brought forward for Council's consideration. 4. That the applicant be advised of the Council's decision under the Director, Development Services' signature. Carried. 11.Open Forum: None. Page 5 of 13 Council Meeting Minutes —Wednesday, June 19, 2019. 12. Reports of Municipal Officers: f) DS2019-77, Derek Witlib, Manager, Planning Services re: Interim Control By -Law No. 2018-109 (Cannabis Production Facilities) [Refer to Item 17e)]. Council consented to allow Bobby Vakili and Reza Dadashi to provide comments. Motion No. C190619-7 Moved by Jermey, Seconded by Veitch Be it resolved 1. That DS2019-77 re: Interim Control By -Law No. 2018-109 (Cannabis Production Facilities) by Derek Witlib, Manager, Planning Services be received and adopted. 2. That staff proceed forward with the implementation of Option #2 in accordance with Council's direction. 3. That the Clerk bring forward an amendment to Interim Control By-law 2018-109 under Section 38 of the Planning Act as directed by Council. Carried. Recorded Vote Requested by Councillor Scott Councillor Scott Nay Councillor Veitch Yea Councillor Greenlaw Yea Deputy Mayor Jermey Yea Councillor Keane Nay Councillor Macpherson Yea Mayor H.S. Hughes Yea 6. Recognition of Achievements: Council recognized the following recipients for the following awards: a) Charlie Beatty, re: Two (2) Gold Medals Canadian Jr National Championships held at Calgary's Canada Olympic Park. b) Maeve Celli; Noah Haaland; Madison McDermott; Mikayla McDermott; Holly Ryan; Caden Fowler; Nari Hwang re: Shanty Bay Change Agents. c) Gunner Holmgren, re: Cyclist (Hardwood Hills) U23 National Cyclo Cross Champion. d) Joanna McEwen re: 2019 Ontario Senior of the Year Award Recipient. e) Teena Sauve re: 2019 Oro-Medonte Citizen of the Year Award Recipient. f) Jennifer Jermey re: Relay 4 Life. Council recessed for refreshments. Page 6 of 13 Council Meeting Minutes —Wednesday, June 19, 2019. 5. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, June 12, 2019. Motion No. C190619-8 Moved by Scott, Seconded by Jermey Be it resolved that the draft minutes of the Council meeting held on Wednesday, June 12, 2019 be received and adopted as printed and circulated. Carried. b) Minutes of Heritage Committee meeting held on Monday, June 17, 2019. Motion No. C190619-9 Moved by Scott, Seconded by Jermey Be it resolved that the draft minutes of the Heritage Committee meeting held on Monday, June 17, 2019 be received. Carried. Motion No. C190619-10 Moved by Keane, Seconded by Macpherson Be it resolved that, per Motion No. HC190617-5 of the June 17, 2019 Heritage Committee meeting, staff contact the property owners of 567 Line 11 South to confirm interest in the designation process. Carried. Motion No. C190619-11 Moved by Macpherson, Seconded by Veitch Be it resolved that, per Motion No. HC190617-7 of the June 17, 2019 Heritage Committee meeting, the Township of Oro-Medonte Index of Register of Heritage Designated and Listed Properties be posted on the Township's website as a working document and updated as information becomes available. Carried. Page 7 of 13 Council Meeting Minutes —Wednesday, June 19, 2019. Motion No. C190619-12 Moved by Macpherson, Seconded by Veitch Be it resolved that, per Motion No. HC190617-8 of the June 17, 2019 Heritage Committee meeting, Appendix B, be approved in Township Policy, POL-PR-013, Municipal Heritage Register Policy. Carried. 8. Deputations: None. 9. Presentations: None. 10. Identification From the Public of an Agenda Item of Interest: None. 12. Reports of Municipal Officers: a) Shawn Binns, Director, Operations and Community Services re: Memorandum of Understanding between The Corporation of the Township of Oro-Medonte and 2440656 Ontario Inc., 1350341 Ontario Inc., 2437339 Ontario Inc. & 2434219 Ontario Inc. (collectively Burl's Creek) [to be distributed]. Councillor Greenlaw declared a pecuniary interest on Item 12a) Shawn Binns, Director, Operations and Community Services re: Memorandum of Understanding between The Corporation of the Township of Oro-Medonte and 2440656 Ontario Inc., 1350341 Ontario Inc., 2437339 Ontario Inc. & 2434219 Ontario Inc. (collectively Burl's Creek) as his business has provided ATM Services for this property for over 10 years. Councillor Green law left the table and did not participate in the discussion or vote on this item. Motion No. C190619-13 Moved by Veitch, Seconded by Keane Be it resolved 1. That, per Motion No. C190612-11 of the June 12, 2019 Council meeting, the draft Memorandum of Understanding between The Corporation of the Township of Oro-Medonte and 2440656 Ontario Inc., 1350341 Ontario Inc., 2437339 Ontario Inc. & 2434219 Ontario Inc. (collectively Burl's Creek) dated June 19, 2019 be received and approved. 2. That the Mayor and Clerk be authorized to execute the said Memorandum of Understanding dated June 19, 2019 on behalf of the Township of Oro-Medonte. 3. That staff proceed accordingly. Carried. Page 8 of 13 Council Meeting Minutes — Wednesday, June 19, 2019. b) ES2019-3, Jennifer Barrick, Environmental Services Technologist re: Expansion of Delegated Authority for Owner Representative of Township of Oro-Medonte Drinking Water Systems & Sewage Works. Motion No. C 190619-14 Moved by Veitch, Seconded by Macpherson Be it resolved 1. That ES2019-3, re: Expansion of Delegated Authority for Owner Representative of Township of Oro-Medonte Drinking Water Systems & Sewage Works by Jennifer Barrick, Environmental Services Technologist be received and adopted. 2. That the Manager of Environmental Services or their designate, as defined in the Drinking Water Systems Operational Plan as Top Management, be authorized to execute documents on behalf of the Owner for matters related to the Township of Oro-Medonte drinking water systems and sewage works as outlined in the 'Analysis' section of Report No. ES2019-3. 3. That the Environmental Services Coordinator (designated as Overall Responsible Operator under the Safe Drinking Water Act, 2002 (as amended); and O. Reg 128/04: Certification of Drinking Water System Operators and Water Quality Analysts (as amended)) or their designate, be authorized to execute documents on behalf of the Owner for matters related to the Township of Oro-Medonte drinking water systems and sewage works as outlined in the 'Analysis' section of Report No. ES2019-3. 4. That the delegated authority under Report No. ES2019-3 apply to hard copy and electronic formats. Carried. c) OCS2019-19, Justin Metras, Manager, Infrastructure and Capital Projects and Karla Musso- Garcia, Manager, Operations re: Award of Tender OCS 2019-09, Supply and Delivery of one (1) 2.7 m3, four wheel drive loader. Motion No. C190619-15 Moved by Keane, Seconded by Macpherson Be it resolved 1. That OCS2019-19 re: Award of Tender OCS 2019-09, Supply and Delivery of one (1) 2.7 m3, four wheel drive loader by Justin Metras, Manager, Infrastructure and Capital Projects and Karla Musso-Garcia, Manager, Operations be received and adopted. 2. That RFP OCS 2019-09 Supply and Delivery of one 2019 2.7m3, four wheel drive loader with attachments be awarded to Toromont CAT in the amount of $296,370 plus HST inclusive of trade in value. 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township. 4. That the bidders be thanked and notified under the Director, Operations and Community Services' signature. Carried. Page 9 of 13 Council Meeting Minutes — Wednesday, June 19, 2019. e) DS2019-76, Dave Saunders, Manager, Development Engineering re: Pre -Servicing Agreement with Braestone Development Corporation for Draft Plan of Subdivision (Braestone Phase 2A Group A and B) Application #43T-91031 [Refer to Item 17c)]. Motion No. C190619-16 Moved by Scott, Seconded by Jermey Be it resolved 1. That DS2019-76 re: Pre -Servicing Agreement with Braestone Development Corporation for Draft Plan of Subdivision (Braestone Phase 2A Group A and B) Application #43T- 91031 by Dave Saunders, Manager, Development Engineering be received and adopted. 2. That the Township of Oro-Medonte enters into a Pre -Servicing Agreement for Earthworks with Braestone Development Corporation. 3. That the appropriate by-law be brought forward for Council's consideration. 4. That the owner be notified of Council's decision under the Director, Development Services' signature. Carried. 13. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following member of Council provided updates: Deputy Mayor Scott Jermey 14. Consent Agenda: a) Announcements of Interest to the Public: 1. Oro-Medonte Horticultural Society, Summer Garden Tour, July 14, 2019, Horseshoe Valley & Bidwell Road Area. b) Notice of the Passing of an Education Development Charge Amending By -Law by the Simcoe Muskoka Catholic District School Board. Staff Recommendation: Receive for Information Only. c) Correspondence dated June 5, 2019 from The Corporation of the City of North Bay re: Highway 11. Staff Recommendation: Receive for Information Only. Page 10 of 13 Council Meeting Minutes —Wednesday, June 19, 2019. d) Correspondence received re: Short Term Rentals (Airbnb's). 1. Domenic Natale, President, West Oro Ratepayer's Association dated June 7, 2019 2. Resident received May 25, 2019 3. Jayne McCaw dated June 9, 2019. 4. Jacqueline Jeffery dated June 11, 2019 5. Barry Sookman received June 12, 2019 6. Elizabeth Mendes dated June 11, 2019 7. Daiv Mowbray dated June 11, 2019 8. Heather Bayer and Craig White dated June 12, 2019 9. Paul Sanderson dated June 11, 2019 10. Emily Rayson dated June 11, 2019 Staff Recommendation: Receive and Consider in Conjunction with Draft By -Law. Motion No. C190619-17 Moved by Jermey, Seconded by Greenlaw Be it resolved that the staff recommendations with respect to items listed under Consent Agenda be adopted as printed: a) Announcements of Interest to the Public: 1. Oro-Medonte Horticultural Society, Summer Garden Tour, July 14, 2019, Horseshoe Valley & Bidwell Road Area. b) Notice of the Passing of an Education Development Charge Amending By -Law by the Simcoe Muskoka Catholic District School Board. Received for Information Only. c) Correspondence dated June 5, 2019 from The Corporation of the City of North Bay re: Highway 11. Received for Information Only. d) Correspondence received re: Short Term Rentals (Airbnb's). 1. Domenic Natale, President, West Oro Ratepayer's Association dated June 7, 2019 2. Resident received May 25, 2019 3. Jayne McCaw dated June 9, 2019. 4. Jacqueline Jeffery dated June 11, 2019 5. Barry Sookman received June 12, 2019 6. Elizabeth Mendes dated June 11, 2019 7. Daiv Mowbray dated June 11, 2019 8. Heather Bayer and Craig White dated June 12, 2019 9. Paul Sanderson dated June 11, 2019 10. Emily Rayson dated June 11, 2019 Received and to Consider in Conjunction with Draft By -Law. Carried. Page 11 of 13 Council Meeting Minutes —Wednesday, June 19, 2019. 15. Communications/Petitions: None. 16. Notice of Motions: 1►QT2 17. By -Laws: a) 2019-046: Being a By -Law to regulate the setting of open air fires including the establishing the times during which open fires may occur (Open Air Burning By -Law). b) 2019-055: A By-law to amend By-law No. 2018-071 under Section 38 of the Planning Act. c) 2019-061: A By-law to Authorize the Execution of a Pre -Servicing Agreement with Braestone Development Corporation — Draft Plan of Subdivision (Phase 2A Group A and B) for: Part of the East and West Halves of Lots 2 AND 3, Concession 9, Being all of PIN # 58532-0275(LT) Formerly in the Township of Oro, Township of Oro-Medonte, County of Simcoe. d) 2019-062: A By-law to amend the zoning provisions which apply to lands at Oro-Medonte Con 10 W Pt Lot 22 (Oro) RP 51 R36732 Part 1, Township of Oro-Medonte 2019-ZBA-09 (Johnstone). e) 2019-064: A By-law to amend By-law No. 2018-109 under Section 38 of the Planning Act. Motion No. C190619-18 Moved by Scott, Seconded by Jermey Be it resolved that a) 2019-046: Being a By -Law to regulate the setting of open air fires including the establishing the times during which open fires may occur (Open Air Burning By -Law). b) 2019-055: A By-law to amend By-law No. 2018-071 under Section 38 of the Planning Act. c) 2019-061: A By-law to Authorize the Execution of a Pre -Servicing Agreement with Braestone Development Corporation — Draft Plan of Subdivision (Phase 2A Group A and B) for: Part of the East and West Halves of Lots 2 AND 3, Concession 9, Being all of PIN # 58532-0275(LT) Formerly in the Township of Oro, Township of Oro-Medonte, County of Simcoe. d) 2019-062: A By-law to amend the zoning provisions which apply to lands at Oro- Medonte Con 10 W Pt Lot 22 (Oro) RP 51 R36732 Part 1, Township of Oro-Medonte 2019-ZBA-09 (Johnstone). e) 2019-064: A By-law to amend By-law No. 2018-109 under Section 38 of the Planning Act. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 12 of 13 Council Meeting Minutes — Wednesday, June 19, 2019. 18.Closed Session Items (Unfinished Items): None. 19. Confirmation By -Law: a) 2019-063: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, June 19, 2019. Motion No. C190619-19 Moved by Keane, Seconded by Macpherson Be it resolved that By -Law No. 2019-063: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, June 19, 2019 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor Carried. 20.Questions from the Public Clarifying an Agenda Item: None. 21.Adjournment: a) Motion to Adjourn. Motion No. C190619-20 Moved by Jermey, Seconded by Greenlaw Be it resolved that we do now adjourn at 8:32 p.m. ay r, F(. ughes �„ Cle c, Karen Way Carried. Page 13 of 13